Activities of Marco ZULLO
Institutional motions (4)
MOTION FOR A RESOLUTION on children’s rights on the occasion of the 30th anniversary of the UN Convention on the Rights of the Child
MOTION FOR A RESOLUTION on the Commission delegated regulation of 31 October 2019 amending Regulation (EU) No 347/2013 of the European Parliament and of the Council as regards the Union list of projects of common interest
MOTION FOR A RESOLUTION on the first anniversary of the de facto abortion ban in Poland
MOTION FOR A RESOLUTION on the EU priorities for the 66th session of the UN Commission on the Status of Women
Oral questions (3)
Waiver of patent protection to speed up vaccine production in the EU
Putting forward an EU Strategy for Demography
An EU Commissioner for Animal Welfare
Written questions (4)
Front-of-pack labelling schemes
Creating a better internet for children to protect them from online threats during the current lockdown
Implementation of the measures taken to prevent food contamination following the fipronil-tainted eggs scandal
Lack of condemnation from the EU institutions of the sentence given to the Polish sexual and reproductive rights activist Justyna Wydrzyńska
Individual motions (1)
MOTION FOR A RESOLUTION on reversing the European demographic trend
Amendments (3581)
Amendment 88 #
2023/0250(COD)
Proposal for a directive
Recital 4
Recital 4
(4) In order to ensure comprehensive channels of communication taking into account the complexity of victims’ needs in relation to their right to access information, all victims, independently of where in the EU and in what circumstances the crime took place, should be able to access victims’ helplines by using the EU- wide 116 006 telephone number or by connecting to the dedicated websites. Under such helplines, victims should be able to receive the information about their rights, emotional support and be referred to the police or other services, including other specialised helplines – if needed. Such helplines should also refer victims to other specialised helplines, referred to in Commission Decision 2007/116/EC56 , such as the harmonised number related to child helpline “116 111”, missing children “116 000” and gender-based violence “116 116”. The staff working on such helplines should be trained to work with victims and survivors in a victim-sensitive manner to ensure the quality and consistency of the service. _________________ 56 Commission Decision 2007/116/EC of 15 February 2007 on reserving the national numbering range beginning with 116 for harmonised numbers for harmonised services of social value (OJ L 049 17.2.2007, p. 30).
Amendment 97 #
2023/0250(COD)
Proposal for a directive
Recital 6
Recital 6
(6) Crime reporting in the Union should be improved to fight impunity, avoid repeated victimisation and ensure safer societies. It is necessary to fight public insensitivity towards crime, by encouraging people who witness the crime to report crimes and assist victims and by creating safer environments for victims to report crime. For victims who are irregular migrants in the Union, safe environment to report crime means reducing fear of return procedures being launched as a result of contacts with law enforcement authorities. The personal data of victims who are irregular migrants in the Union should not be transferred to the competent migration authorities at least until the completion of the first individual assessment as referred to in Article 22 of Directive 2012/29/EU. Reporting the crime and participating in criminal proceeding under Directive 2012/29/EU do not create any rights regarding the residence status of the victim, neither have any suspensive effect when determining their residence status. Third-party reporting should be offered as an option to victims in an effort to diversify reporting mechanisms at EU level, as it can also help address some of the reasons for underreporting of crimes in the European Union. All vulnerable victims, such as child victims or victims in detention, who are in a situation of intimidation, or are otherwise dependent from the offender or whose mobility is limited should be able to report crime in conditions that take into account their particular situation and in line with protocols specifically set up for this purpose.
Amendment 101 #
2023/0250(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Targeted and integrated support services should be available to a broad range of victims with specific needs. Such victims may include not only victims of sexual violence, victims of gender-based violence and victims of domestic violence, but also victims of trafficking in human beings, victims of organised crimes, victims with disabilities, victims of exploitation, victims of hate crime, victims of terrorism or victims of core international crimes. Ensuring referral and access to sexual and reproductive healthcare services, including emergency contraception, post-exposure prophylaxis testing for sexually transmitted infections and access to abortion care, should be part of the targeted and integrated support services for these victims. In response to the shortcomings identified in the evaluation, Member States should set up specific protocols that will organise the actions of specialist support services to comprehensively address the multiple needs of victims with specific needs. Such protocols should be set up in coordination and cooperation between law enforcement, prosecution authorities, judges, detention authorities, restorative justice services and victim support services.
Amendment 118 #
2023/0250(COD)
Proposal for a directive
Recital 8
Recital 8
(8) To avoid serious consequences of victimisation in early age, that may negatively affect entire victims’ life, it is crucial to ensure that all child victims receive the highest standard of support and protection. Most vulnerable child victims, including child victims of sexual abuse, child victims of trafficking in human beings, children without parental care, and child victims who have otherwise been particularly affected by the crime due to the gravity of crime or to their particular circumstances should benefit from the targeted and integrated support and protection services that includes coordinated and cooperated approach of judicial and social services within the same premises. Such services should be provided in a dedicated space. To ensure that the child victim is effectively protected in cases where a crime involves the holder of parental responsibility, or there is a conflict of interest between the child and the holder of parental responsibility, a provision has been added to ensure that in cases such as reporting of a crime, medical or forensic interviews, referral to support services or psychological support, among others, these acts should not be conditional upon the consent of the holder of parental responsibility, always taking into account the best interests of the child.
Amendment 213 #
2023/0250(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2012/29/EU
Article 5a – paragraph 2b (new)
Article 5a – paragraph 2b (new)
2b. Member States shall take the necessary measures to ensure the possibility of third-party reporting mechanism
Amendment 233 #
2023/0250(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2012/29/EU
Article 5a - paragraph 5
Article 5a - paragraph 5
5. Member States shall ensure that the competent authorities coming in contact with a victim reporting crimes are prohibited from transferring personal data pertaining to the residence status of the victim to competent migration authorities, at least until completion of the first individual assessment referred to in Article 22.;
Amendment 335 #
2023/0250(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 b (new)
Article 1 – paragraph 1 – point 6 b (new)
Directive 2012/29/EU
Article 13
Article 13
Amendment 19 #
2022/2138(INI)
Motion for a resolution
Recital A
Recital A
Amendment 27 #
2022/2138(INI)
Motion for a resolution
Recital B
Recital B
B. whereas sexual harassment is defined in EU law as “any form of unwanted verbal, non-verbal or physical conduct of a sexual nature occurs, with the purpose or effect of violating the dignity of a person, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment”; whereas sexual harassment is a form of gender-based violence and an extreme form of gender-based discrimination which affects women and girls disproportionally; whereas harassment is often linked to other forms of discrimination in addition to gender-based discrimination and has to be addressed with an intersectional approach and from all its angles; whereas sexual harassment is a consequence of gender based stereotypes and sexism rooted in the unequal distribution of power between women and men; whereas it can occur in many different social settings such as at home, at the workplace, in educational system, but also in the public space;
Amendment 46 #
2022/2138(INI)
Motion for a resolution
Recital C
Recital C
Amendment 50 #
2022/2138(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas cyber-harassment, as a form of gender-based cyber violence, is constantly increasing as a consequence of the widespread use of the internet and social medias; whereas a recent survey shows that 13 % of women were subjected to cyber-harassment in the past five years and 8 % in the past 12 months; whereas some professions, such as politicians, journalists or female activist in human rights civil organisations are particularly victims of online violence; whereas a European Parliamentary Research Service study has recently quantified the cost of gender-based cyber violence to be between €49.0 and €89.3 billion;
Amendment 54 #
2022/2138(INI)
Motion for a resolution
Recital D
Recital D
D. whereas harassment is widespread but under-reported; whereas harassment in the workplaone of the reasons for underreporting of sexual harassment is a lack of awareness, sometimes based on a low understanding of the gravity of the issue, knowledge of channels for victim support, but also a fear of victimisation and job loss; whereas women victims seem more likely to share such harmful experience thasn men because of the stigma and gender stereotypes; whereas all forms of harassment in the workplace have serious consequences for the physical and psychological health and well-being of employees and therefore its prevention and treatment should be a priority for every employer in order to ensure a safe working environment;
Amendment 67 #
2022/2138(INI)
Motion for a resolution
Recital E
Recital E
E. whereas in October 2022 the world celebrated the 5th anniversary of the social movement Metoo, encouraging women and other victims of sexual harassment to speak up, with the aim of raising awareness about the widespread violence; whereas since that time, the movement encouraged victims worldwide to speak up in different spheres, including in politics; whereas unfortunately the European Parliament is neither a perfectly safe working place and there are cases of sexual and other harassment within our house of Democracy; whereas the European Parliament immediately condemned the sexual harassment in its first resolution of October 2017, then reinforced its position in 2019 and in 20218a; whereas the progress made in addressing the issue of sexual harassment after the MeToo movement is not sufficient and there is still a lot to be done within the European institutions and beyond; whereas the European institutions have started to adapt their internal rules and procedures in order to better identify, counter and sanction harassment; whereas the implementation of prevention mechanisms has given rise to a certain degree of reluctance resulting not only from ignorance of the phenomenon of harassment but also from the lack of clarity of the existing legal rules; _________________ 8a 2017/2897 RSP, 2019/2855(RSP), 2021/29865RSP)
Amendment 80 #
2022/2138(INI)
Motion for a resolution
Recital F
Recital F
F. whereas in its previous resolutions, Parliament called for the introduction of several concrete measures introducing a zero-tolerance approach but, several years on, only some of them have been fully implemented and more needs to be done; whereas in its opinion the Legal Service of the Parliament stated that the introduction of mandatory harassment prevention training would not affect the exercise of their free and independent mandate;
Amendment 89 #
2022/2138(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the European institutions in general and the European Parliament in particular, as a legislator and employer, should set an example for all employers; whereas Members of the European Parliament, both as the directly elected representatives of EU citizens and as legislators, have a special responsibility to carry out their duties respecting the highest standards and EU law;
Amendment 98 #
2022/2138(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Reaffirms the EU’s commitment to tackling gender-based violence and welcomes the proposal for a directive on combating violence against women and girls (COM(2022)0105);
Amendment 106 #
2022/2138(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Reiterates its call for the EU and the Member States to ratify the Istanbul Convention without delay, according to the Court’s of Justice of the European Union (CJEU) Opinion of 6 October 2021. Calls on Member States to refer to the Istanbul Convention’s definition on harassment in the Article 40 in their relevant legislation accordingly; is convinced that the EU and the Member States should learn from the crises and backlashes against gender equality by adopting and implementing concrete, efficient and ambitious rules and policies on preventing and combating violence, including the psychological, physical and sexual harassment;
Amendment 114 #
2022/2138(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Strongly condemns all forms of harassment, especially sexual harassment; notes that the harassment is a widespread pervasive and harmfull phenomenom surrending in all areas of private and public life, stresses that harassment experienced in a workplace constitutes a violation of human rights and can have serious consequences for survivors’ physical and psychological health, making them feel uncomfortable and insecure at work, and in some cases preventing them from doing their work; highlights the importance of addressing cyber violence in the workplace, as it has an enormous impact on the mental health of victims;
Amendment 125 #
2022/2138(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Is convinced that the European institutions should behave as exemplary employers and establish zero-tolerance standards; believes that good working conditions and safe and respectful environment are necessary to ensure the effectivity of the work of EU institutions;
Amendment 137 #
2022/2138(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Regrets the fact that, in spite of the progress initiated by the MeToo campaign in the European Parliament, which helped to break the silence and raise awareness of the need to implement better working conditions for all staff, cases of sexual harassment still occur in the European institutions, including Parliament; recalls that these cases cast a shadow over the functioning of our institutions and undermine the confidence of EU citizens in them;
Amendment 142 #
2022/2138(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Recalls the importance of prevention, with information and awareness-raising efforts, and the promotion of zero-harassment campaigns and policies; welcomes regular harassment prevention campaigns with updates posters and brochures in order to remind the Members and the staff of their responsibility to ensure their exemplary conduct; considers that the existing campaigns should be reinforced;
Amendment 150 #
2022/2138(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Notes that sexual and psychological harassment cases are still under-reported because victims do not use the existing channels, demonstrating the need for further efforts with regard to the prevention of sexual harassmentall forms of harassment; notes the existence of formal and informal structures in the European Parliament to address harassment and especially sexual harassment issues providing advisory, legal and psychological assistance to victims; calls for their better promotion, reinforcement of their competencies and composition in order to ensure that all victims can report in confidence and security; welcomes initiatives of some political groups, which decided to put in place trained confidential counsellors to whom victims of harassment can report their case and receive support, advice and guidance in all confidentiality;
Amendment 167 #
2022/2138(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recalls the duty of all of the European institutions to put in place all necessary policies to prevent and address all forms of harassment and violence, and urges them to ensure that all of the rules in place guarantee a zero-tolerance approach to any forms of misconduct and full support for all victims; calls on the European institutions to strengthen their internal rules and policies to ensure that in cases of psychological or sexual harassment and violence, they should not only suspend the perpetrator, but also entirely remove their salary;
Amendment 171 #
2022/2138(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Believes that as the harassment cases within the EU institutions may affect the EU budget, they should be taken into account while deciding to grant or not the budgetary discharge to the concerned institution;
Amendment 174 #
2022/2138(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8 b. Encourages all EU institutions and agencies to exchange regularly their best practices of anti-harassment policies, guidelines or any new provisions on coping mechanisms and strategies, which would also promote gender equality;
Amendment 192 #
2022/2138(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Insists that the measures to address sexual harassment are not strong enough and do not include all of the actions requested in previous resolutions; welcomes the fact that this parliamentary term is the first in which Members have been required to sign a declaration confirming their commitment to complying with the Code of Appropriate Behaviour; welcomes the signature by all Members of the Declaration on the Code of Appropriate Behavior adopted by the Bureau; is convinced by the political will of the European Parliament to tackle the sexual and other types of harassment inside and outside of the institution; calls for a further transparency on all procedures and implementation of concrete measures by different authorities at the political and administrative level;
Amendment 204 #
2022/2138(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes the harassment prevention training offered to Members, managers in Parliament’s Secretariat and staff; is convinced, however, that voluntary harassment prevention training has proven insufficient; calls for the introduction of mandatory training for all Members at the very beginning of each mandate and all staff; is concerned by a low number of Members who attended the training so far: only 260 Members out of 705 Members have completed the training which represents 36,9 % of all members. Therefore calls for further actions in order to secure that Members complete the harassment prevention training and the publication of the participants' list on the website of the European Parliament;
Amendment 218 #
2022/2138(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes the work of the Advisory Committee on Harassment and its prevention at the workplace and the Advisory Committee dealing with harassment complaints concerning Members of the European Parliament; calls for full transparency about how Parliament is addressing issues of harassment, while protecting the identity of those affected, and invites both committees to draft and publish their monitoring reports and risk assessments annually on the European Parliament website; calls for an independent evaluation of the measures in place by exand their effectiveness by both internal and external auditors selected in a transparent procedure;
Amendment 223 #
2022/2138(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. AskRecalls for the composition of the advisory committees to be updated to ensure an equal representation of external, independent experts with proven expertise in tackling harassment issues in the workplace, including doctors, therapists and legal experts in the domain of harassment and to change their status to full members with voting rights as set up in the 2021 Resolution; calls for the creation of a confidential register of cases over time, as already requested in the resolutions dating from 2017 and 2021;
Amendment 45 #
2022/2047(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Amendment 86 #
2022/2047(INI)
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
Amendment 100 #
2022/2047(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Is deeply concerned that the Creative Europe programme is underfinanced, despite its budget increase in the current MFF, with the necessary frontloading of the budget to the years 2021 and 2022 causing dramatic funding shortages in the following years, potentially bringing further harm to the cultural and creative sectors that have only slowly started recovering, and thus having a long-lasting negative impact on our European cultural ecosystem and its role in international cultural relations;
Amendment 137 #
2022/2047(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Highlights the social and societal importance of the international mobility of cultural creators such as authors, performers and artists; calls upon the Commission and the Member States to strengthen their role in the EU’s international relations; reiterates in this context its repeated calls urging the Commission to establish a European Status of the Artist, ensuring fair contractual situations and working conditions for everyone working in the cultural and creative sectors, and increasing opportunities for international mobility;
Amendment 1 #
2022/2046(INI)
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. Believes that the importance of culture for our identity, democracy, society and economy is not adequately reflected in the current multiannual financial framework 2021-2027, particularly in light of the long-lasting consequences of the COVID-19 pandemic which the cultural and creative sectors will continue to be suffering from for many years to come;
Amendment 13 #
2022/2046(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Reiterates its deep regret and incomprehension that - despite repeated calls by the European Parliament1a with overwhelming majority - the Recovery and Resilience Facility investments fail to reflect the enormous economic and social significance of the cultural and creative sectors which account for 4.4% of the EU’s GDP and about 8.7 million jobs in the EU, leaving these sectors considerably underrepresented in the EU’s overall effort to overcome the pandemic and to support the recovery and resilience of the European economy; _________________ 1a e.g. in its resolution of 17 September 2020 on the cultural recovery of Europe and in its resolution of 20 October 2021 on the situation of artists and the cultural recovery in the EU
Amendment 15 #
2022/2046(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Is worried that the proposed massive budget cut of the Creative Europe programme - the proposed 2023 annual budget foresees a 20% reduction compared to the previous year2a - will bring further harm to the cultural and creative sectors that are only slowly starting to blossom again and will thus have a long-lasting negative impact on our European cultural ecosystem and its diversity; _________________ 2a 325.3 million EUR (2023 proposal) after 406.5 million EUR (2022 budget)
Amendment 25 #
2022/2046(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Urges the Commission and the Member States to adapt the multiannual financial framework by increasing the overall Creative Europe budget 2021-2027 by at least 720 million EUR3a in order to allow for a stable continuation of the funding and thus avoid any annual budget reductions; _________________ 3a Plus inflationary adjustment
Amendment 14 #
2022/2026(INI)
Motion for a resolution
Citation 16 a (new)
Citation 16 a (new)
— having regard to Regulation (EU) 2021/818 of the European Parliament and of the Council of 20 May 2021 establishing the Creative Europe Programme (2021 to 2027) and repealing Regulation (EU) No 1295/20131a, _________________ 1a OJ L 189, 28.5.2021, p. 34-60.
Amendment 24 #
2022/2026(INI)
Motion for a resolution
Citation 34 a (new)
Citation 34 a (new)
— having regard to its resolution of 20 October 2021 on the situation of artists and the cultural recovery in the EU2a, _________________ 2a OJ C 184, 5.5.2022, p. 88–98.
Amendment 50 #
2022/2026(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas cultural creators - such as authors, performers and artists - with disabilities have more difficult access to professional and non-professional artistic and cultural activities as well as fewer opportunities to develop long-term careers in the cultural and creative sectors; whereas they are often excluded from policy and funding in the cultural and creative sectors as the result of a lack of account being taken, for example, of restricted mobility or the challenges posed by bureaucratic funding procedures; whereas the impact of the COVID-19 pandemic has further exacerbated the already existing obstacles;
Amendment 99 #
2022/2026(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Member States to take due account of the unique situation of authors, performers and artists with disabilities in the development of all relevant policies, funding programmes and activities, and to remove all obstacles to ensuring equal rights and equal chances for all persons in the cultural and creative sectors, in particular by introducing measures which enable the equal access, participation and representation of all cultural creators;
Amendment 168 #
2022/2026(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls on the Commission to further enhance and promote inclusive elements of the Creative Europe programme in order to increase cultural participation across the Union on the way towards a more inclusive society, in particular with regards to people with disabilities, encouraging their active participation in creative processes as well as audience development;
Amendment 83 #
2022/0400(COD)
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) In accordance with the case law1a of the Court of Justice of the European Union, the scope of the principle of equal treatment of men and women shall not be limited to the prohibition of discrimination based on sex as it also applies to discrimination arising from gender, gender identity and gender expression. _________________ 1a Judgment of 30 April 1996, P. v S., C- 13/94; Judgment of 7 January 2004, K.B., C-117/01; Judgment of 26 June 2018, MB, C-451/16
Amendment 86 #
2022/0400(COD)
Proposal for a directive
Recital 3
Recital 3
(3) The purpose of this Directive is to lay down minimum requirements for the functioning of equality bodies to improve their effectiveness and guarantee their mandate and independence in order to strengthen the application of the principle of equal treatment as enshrined in the TEU, TFEU and the Charter of Fundamental Rights and derived from Directives 2006/54/EC58 and 2010/41/EU59 . _________________ 58 Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (OJ L 204, 26.7.2006, p. 23). 59 Directive 2010/41/EU of the European Parliament and of the Council of 7 July 2010 on the application of the principle of equal treatment between men and women engaged in an activity in a self-employed capacity and repealing Council Directive 86/613/EEC (OJ L 180, 15.7.2010, p. 1).
Amendment 90 #
2022/0400(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Directive 2000/43/EC60 of the Council and Directive 2004/113/EC61 of the European Parliament and the Council also provide for the designation of equality bodies. for the promotion, analysis, monitoring and support of equal treatment of all persons, without discrimination on grounds of sex, race or ethnic origin. _________________ 60 Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (OJ L 180, 19.7.2000, p. 22). 61 Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services (OJ L 373, 21.12.2004, p. 37).
Amendment 93 #
2022/0400(COD)
Proposal for a directive
Recital 9
Recital 9
(9) Directives 2006/54/EC and 2010/41/EU leave a wide margin of discretion to Member States as regards the structure and functioning of equality bodies. This results in significant differences between the equality bodies established in the Member States, in terms of the bodies' mandates, competences, structures, resources and operational functioning. This, in turn, means that protection against discrimination differs from one Member State to another. Levels of discrimination remain high, victims’ awareness of their rights remains low and underreporting is still a considerable problem. Public awareness about and knowledge of discrimination remain limited and a lack of sufficient powers and resources hampers equality bodies’ ability to assist victims effectively or to prevent and address the development of new forms of discrimination based on gender identity, health or socio-economic status or resulting from developments in technology.
Amendment 100 #
2022/0400(COD)
(12) This Directive should apply to equality bodies’ action as regards the matters covered by Directives 2006/54/EC and 2010/41/EU. The standards should only concern the functioning of equality bodies and should not extend the material or personal scope of those Directivand the competences of equality bodies.
Amendment 101 #
2022/0400(COD)
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) Equality bodies’ action to ensure the application of the principle of equal opportunities and equal treatment of men and women should include grounds of discrimination such as gender, gender identity, gender expression and those listed in article 21 of the Charter of Fundamental Rights such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation, as well as intersectional discrimination.
Amendment 103 #
2022/0400(COD)
Proposal for a directive
Recital 14
Recital 14
(14) The proposed DirectiveDirective (EU) 2023/970 to strengthen the application of the principle of equal pay for equal work or work of equal value between men and women through pay transparency and enforcement mechanisms69 should be considered lex specialis to the enforcement provisions of Directive 2006/54/EC that will be replaced by this Directive. Any hHigher minimum standards established by the future Directive on Pay Transparency for equality bodies in matters relating to equal pay for the same work or work of equal value, including in pay transparency, as compared to those set out in this Directive, should prevail over those set out in this Directive. _________________ 69 Proposal for a Directive of the European Parliament and of the Council to strengthen the application of the principle of equal pay for equal work or work of equal value between men and women through pay transparency and enforcement mechanisms (COM/2021/93 final).
Amendment 107 #
2022/0400(COD)
Proposal for a directive
Recital 15
Recital 15
(15) In promoting equal treatment, preventing discrimination and assisting victims of discrimination, equality bodies should pay particular attention to multiple and instersectional discrimination based on several of the grounds protected by Directives 79/7/EEC, 2000/43/EC, 2000/78/EC, 2004/113/EC, 2006/54/EC and 2010/41/EU.
Amendment 112 #
2022/0400(COD)
Proposal for a directive
Recital 16
Recital 16
(16) Equality bodies can only effectively play their role if they are able to act with complete independence without being subject to any external influence. For that purpose, Member States should take into account a number of criteria that contribute to the independence of equality bodies. Equality bodies should not be set up as part of a ministry or body taking or seeking instructions directly from the government. Any permanent or temporary staff member or person holding a managerial position – for example as member of a board managing the equality body, head of the equality body, or deputy or in case of interim – should be independent, qualified for their position, and selected through a transparent process. The transparency in this process can be ensured, for example, by publishing vacancy notices publicly. Equality bodies should be able to manage their own budget and resources, including by selecting and managing their own staff, and be able to set their own priorities.
Amendment 120 #
2022/0400(COD)
Proposal for a directive
Recital 17
Recital 17
(17) To ensure that equality bodies can exercise all their competences and fulfil all their tasks, Member States should ensure thatguarantee the autonomy of equality bodies in the determination of their internal structure of equality bodiesin a way that allows the independent exercise of their various competences. Particular attention should be paid to situations where bodies are required both to be impartial and to offer support to victims. This is particularly relevant where the equality body holds binding decision- making powers requiring impartiality or is part of a multi-mandate body where another mandate requires impartiality. An internal structure ensuring a strict separation between the relevant competences and tasks should guarantee that the equality body can effectively exercise them.
Amendment 126 #
2022/0400(COD)
(18) The lack of appropriatedequate human, material, technical and financial resources is a key issue hampering the ability of equality bodies to adequateffectively fulfil their tasks. Therefore, Member States should ensure that equality bodies receive sufficientadequate funding, can hire qualified staff and, have appropriate premises and infrastructure to carry out each of their tasks effectively, within a reasonable time and within the deadlines established by national law. Their and have budgetary allocation should be stable, except in case of increase in competencend financial autonomy. Member States should ensure that human, material, technical and financial allocation of equality bodies increase proportionally to any extention of their missions and field of intervention or additional competences, especially their rights to act in court proceedings, planned on a multi-annual basis, and allow them to cover costs that may be difficult to anticipate such as increases in complaints and costs linked to litigation. To ensure that equality bodies are provided with sufficient resources, their budget should for instance not suffer cuts that are significantly higher than the average cuts to other public entities; similarly, their annual growth should at least be pegged to the average growth in funding to other entities. Resources should increase proportionally if equality bodies’ tasks and mandate are expandedadequate resources, their annual growth should at least be pegged to the average growth in funding to other similar public entities.
Amendment 131 #
2022/0400(COD)
Proposal for a directive
Recital 19
Recital 19
(19) Automated systems, including artificial intelligence, represent a useful tool to identify discrimination patterns, but algorithmic discrimination is also a risk. Equality bodies should therefore have access to qualified staff or services, able to use automated systems for their work on the one hand and to assess them as regards their compliance with non-discrimination rules on the other hand. Particular attention should be devoted to equipping equality bodies with appropriate digital resources, training and expertise, be it directly or by way of subcontracting. Automated systems should comply with accessibility requirements for persons with disabilities in accordance with Annex I of Directive (EU) 2019/882.
Amendment 137 #
2022/0400(COD)
Proposal for a directive
Recital 20
Recital 20
(20) Equality bodies, alongside other actors, have a key role to play in the prevention of discrimination and the promotion of equality. To address the structural aspects of discrimination and to contribute to social change, tequality bodies should be empowered to carry out activities to prevent discrimination and to promote equal treatment. They should promote equality duties, good practices, positive action and equality mainstreaming among public and private entities, and provide them with relevant training, information, advice, guidance and support, without prejudice to the competences of labour inspectorates or other enforcement bodies, as well as the social partners. They should communicate with public and private entities and groups at risks of discrimination in order to ensure an intersectional approach and to combat underreporting and engage in public debate in order to combat stereotypes and raise awareness about diversity and its benefits, a key pillar of the Union’s equality strategies.
Amendment 141 #
2022/0400(COD)
Proposal for a directive
Recital 21
Recital 21
(21) Beyond prevention, a central task of equality bodies is to provide assistance to victims of discrimination. This assistance should always be free of charge and include the provision of key information to complainants and a preliminary assessment of their complaint, based on the initial information gathered from the parties on a voluntary basis. Member States should beincluding whether the procedure will be closed or there are grounds to pursue it further. This preliminary assessment should be based on the initial information gathered from the parties on a voluntary basis or handed over upon request. In order to guarantee a simple and quick procedure, Member States should ensure that the equality body is in charge of defining the modalities under which ithe equality body would issue this assessment, such as the timeframe of the process or procedural safeguards against repetitive or abusive complaints.
Amendment 147 #
2022/0400(COD)
Proposal for a directive
Recital 22
Recital 22
(22) To ensure that all victims are able to complain, it should be possible to submit complaints in various ways, including orally, in writing and online and through a designated representative. Member States should also pay due regard to Commission Recommendation 2018/951 under which submission of complaints should be possible in a language of the complainant's choosing which is common in the Member State where the equality body is located. To address one of the causes of underreporting, namely, fear of reprisals, and without prejudice to Directive (EU) 2019/1937 on the protection of persons who report breaches of Union law70 , confidentiality should be offered to witnesses and whistle-blowers, and as far as possible, to complainants and alleged perpetrators. _________________ 70 Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law (OJ L 305, 26.11.2019, p. 17).
Amendment 153 #
2022/0400(COD)
Proposal for a directive
Recital 23
Recital 23
(23) To offer a possibility for a quick, affordable, out of court resolution of disputes, Member States should provide for the possibility for parties to seek an amicabllternative resolution to their disputes, by the equality body or another existing dedicated entity. They should define the modalities of the amicabllternative dispute settlement process according to national law and practice. They also ensure that initiating such a procedure does not prevent the parties from exercising their right of access to justice.
Amendment 154 #
2022/0400(COD)
Proposal for a directive
Recital 25
Recital 25
(25) Evidence is key in determining whether discrimination has taken place and it is often in the hands of the alleged perpetrator. Equality bodies should therefore be able to compel access to the necessary information and documents to establish discrimination and cooperate with the relevant public services – such as labour inspectorates or education inspectorates and social partners. Member States should establish an appropriate framework for the exercise of this competence, in accordance with national rules and procedures. Equality bodies may fully or partially entrust another competent body with conducting or collaborating on inquiries. This competent body should provide the equality body, upon its request, with the results of the inquiry.
Amendment 157 #
2022/0400(COD)
Proposal for a directive
Recital 26
Recital 26
(26) On the basis of the evidence gathered, either voluntarily or through an investigation, equality bodies should be empowered to provide their assessment to the complainant and the alleged perpetrator. Member States should determine the legal value of this assessment that can be a non- binding opinion or a binding enforceable decision. Both should state the reasons for the assessment and include, where necessary, measures to remedy any breach found and to prevent further occurrences. To ensure the effectiveness of equality bodies’ work, Member States should adopt appropriate measures for the follow-up of opinions and the enforcement of decisions.
Amendment 159 #
2022/0400(COD)
Proposal for a directive
Recital 27
Recital 27
(27) To promote their work and equality law, equality bodies should be able to publish a summary of their opinions and decisions without disclosing personal data. Equality bodies should be able to disclose personal data where such disclosure is provided for under national law, for example as a penalty for a finding of discrimination.
Amendment 162 #
2022/0400(COD)
Proposal for a directive
Recital 28
Recital 28
(28) Equality bodies should have the right to act in court proceedings in civil or administrative law matters in order to contribute to ensuring the respect of the principle of equal treatment laid down in Directives 2006/54/EC and 2010/41/EU. While those court proceedings should be subject to national procedural law, including national rules on admissibility of actions, such rules, and in particular any condition of legitimate interest, cannot be applied in a way so as to undermine the effectiveness of the equality bodies’ right to act. The powers of investigation and decision-making and the right to act in court proceedings given to equality bodies by this Directive will facilitate the practical implementation of the current provisions of Directives 2000/43/EC, 2000/78/EC and ,2004/113/EC and (EU) 2019/1158 on the burden of proof and defence of rights. Under the conditions provided for in this Directive, equality bodies will be able to establish facts “from which it may be presumed that there has been direct or indirect discrimination”, thereby fulfilling the conditions provided for in Article 8 of Directive 2000/43/EC, Article 10 of Directive 2000/78/EC and Article 9 of Directive 2004/113/EC and Article 12 and 15 of Directive (EU) 2019/1158. Their support will therefore facilitate access to justice for victims.
Amendment 167 #
2022/0400(COD)
Proposal for a directive
Recital 31
Recital 31
(31) Equality bodies should also be able to submit oral or written statements to the courts as third-party interventions - e.g. amicus curiae – as a lightern additional way to support cases with their expert opinion.
Amendment 168 #
2022/0400(COD)
Proposal for a directive
Recital 32
Recital 32
Amendment 173 #
2022/0400(COD)
Proposal for a directive
Recital 35
Recital 35
(35) The effectiveness of equality bodies’ work also depends on giving groups at risk of discrimination full access to their services. In a survey conducted by the European Union Fundamental Rights Agency72 , 71% of members of ethnic or immigrant minority groups reported to be unaware of any organisation offering support or advice to victims of discrimination. A key step to support this access is for Member States to ensure that people know their rights and are aware of the existence of and services offered by equality bodies. This is particularly important for disadvantaged groups and groups whose access to that information can be hindered, for example by their health or socio-economic status, theirage, disability, their literacy, nationality, membership of a national minority, language, residence status, remote and rural geographic locations or their lack of access to online tools. _________________ 72 FRA EU-MIDIS II Survey.
Amendment 177 #
2022/0400(COD)
Proposal for a directive
Recital 36
Recital 36
(36) Access to equality bodies’ services and publications on an equal basis for all should be guaranteed. For that purpose, potential barriers to access to equality bodies’ services should be identified and addressed. Services should be free of charge for all complainants. Member States should also make sure that the services of equality bodies are available to all potential victims throughout their territory, for example through the establishment of local offices, including mobile ones, easy-to-use digital tools and solutions, the organisation of local campaigns or ,cooperation with local delegates orand civil society organisations, and the creation of partnerships with labour and educational inspectorates, social partners and companies.
Amendment 184 #
2022/0400(COD)
Proposal for a directive
Recital 37
Recital 37
(37) The Union and all Member States are parties to the UN Convention on the Rights of Persons with Disabilities73 (UNCRPD), which includes the obligation to prohibit discrimination on the basis of disability and to guarantee to persons with disabilities equal and effective legal protection against discrimination on all grounds. This Directive should be interpreted in a manner consistent with the UNCRPD. To guarantee equal and effective legal protection and access for persons with disabilities to all services and activities of equality bodies, it is necessary to ensure accessibility, in accordance with requirements set out in Directives (EU) 2016/2102 and (EU) 2019/882, and reasonable accommodation. Equality bodies should ensure physical and digital74 accessibility by preventing and removing the barriers that persons with disabilities may face in accessing their services and information, and provide reasonable accommodation, taking necessary and appropriate modification and adjustments where needed in a particular case. Equality bodies should ensure that all forms of discrimination faced by persons with disabilities are addressed in their activities in line with the UNCRPD, including direct and indirect discrimination, denial of reasonable accommodation, discrimination by association, harassment, instruction to discriminate, as well as victimisation and hate speech. _________________ 73 OJ L 23, 27.1.2010, p. 37. 74 See Directive (EU) 2016/2102 of the European Parliament and of the Council of 26 October 2016 on the accessibility of the websites and mobile applications of public sector bodies (OJ L 327, 2.12.2016 p.1-15) and related Implementing Decision.
Amendment 188 #
2022/0400(COD)
Proposal for a directive
Recital 38
Recital 38
(38) Enabling equality bodies to regularly coordinate and cooperate at different levels, on a long-term basis, is key for mutual learning, coherence and consistency, and it may broaden the outreach and impact of their work. Equality bodies should cooperate, in particular, with other equality bodies in the same Member State and in other Member States – including in the framework of the European Network of Equality Bodies (Equinet) – and with relevant public and private entities at local, regional, national, Union and international level, such as civil society organisations, EU agencies, data protection authorities, trade unionsocial partners, labour and education inspectorates, law enforcement bodies, agencies with responsibility at national level for the defence of human rights, national statistical offices, authorities managing Union funds, National Roma Contact Points, consumer bodies, and national independent mechanisms for the promotion, protection and monitoring of the UNCRPD. Such cooperation should not involve the exchange of personal data (i.e. equality data in the form that individuals can be identified).
Amendment 195 #
2022/0400(COD)
Proposal for a directive
Recital 40
Recital 40
(40) Equality data are crucial for raising awareness, sensitising people, quantifying discrimination, showing trends over time, proving the existence of discrimination, evaluating the implementation of equality legislation, demonstrating the need for positive action, and contributing to evidence-based policymaking75 . Equality bodies have a role to play in contributing to the development of relevant equality data for those purposes, for example by organising regular roundtables gathering all relevant entities. They should also collect and analyse disaggregated data on their own activities or conduct surveys and should be able to accessand commission surveys, reports and research and should be able to access, in an easily accessible format, and make use of statistical information collected by other public or private entities – such as the national statistical offices, national courts, labour and education inspectorates, trade unionsocial partners or civil society organisations - concerning the matters they are entrusted with under Directives 2006/54/EC and 2010/41/EU. That statistical information should not contain any personal data. e personal data collected shall be anonymised and, where not possible, pseudonymised. _________________ 75 Report from the Commission to the European Parliament and the Council on the application of Council Directive 2000/43/EC implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (‘the Racial Equality Directive’) and of Council Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation (‘the Employment Equality Directive’) SWD(2021) 63 final.
Amendment 204 #
2022/0400(COD)
(43) In order to assess the effectiveness of this Directive it is necessary to establish a mechanism to monitor its application and, in addition to monitoring compliance, assess its practical effects. The Commission should be in charge of that monitoring and regularly draw up an application report, based on the information received from Member States and additional relevant data collected at national and Union level, in particular from stakeholders, and by the European Union Agency for Fundamental Rights, the European Institute for Gender Equality and equality bodies, including the European Network of Equality Bodies (Equinet). In order to ensure uniform conditions for the implementation of Member States’ reporting obligations pursuant to Article 16(2) as regards the practical effects of this Directive, implementing powers should be conferred on the Commission to establish a list of relevant indicators, on the basis of which data should be collected. This monitoring should not involve the processing of personal data.
Amendment 209 #
2022/0400(COD)
Proposal for a directive
Recital 48
Recital 48
(48) Where the fulfilment of the tasks of equality bodies requires the processing of special categories of personal data, namely data on racial or ethnic origin, religion or belief, disability or sexual orientationreferred to in Article 9(1) of Regulation (EU) 2016/679, Member States should also ensure that national law respects the essence of the right to data protection and provides for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject, in accordance with Article 9(2), point (g), of Regulation (EU) 2016/679. Such safeguards should include for example internal policies and measures to ensure data minimisation, including through anonymisation of personal data, where possible; to apply pseudonymisation and encryption to personal data; to prevent unauthorised access and transmission of personal data; and to ensure that personal data is not processed longer than is necessary for the purposes for which they are processed.
Amendment 210 #
2022/0400(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive lays down minimum requirements for the functioning of equality bodies to improve their effectiveness and guarantee their mandate and independence in order to strengthen the application of the principle of equal treatment as enshrined in the TEU, TFEU, Charter of Fundamental Rights and derived from Directives 2006/54/EC and 2010/41/EU.
Amendment 215 #
2022/0400(COD)
Proposal for a directive
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. The application of the principle of equal treatment shall not be limited to the prohibition of discrimination based on sex as it also applies to discrimination arising from gender, gender identity and gender expression as derived from the case law of the Court of Justice of the European Union.
Amendment 219 #
2022/0400(COD)
Proposal for a directive
Article 1 – paragraph 2 b (new)
Article 1 – paragraph 2 b (new)
2b. This Directive is without prejudice to the more specific provisions contained in Directive 2023/970/EU.
Amendment 226 #
2022/0400(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall take measures to ensure that equality bodies are independent and free from external influence in performing their tasks and exercising their competences, in particular as regards their legal structure, accountability, budget and resources, staffing, and organisational matters. Equality bodies shall not be set up as part of a ministry or body taking or seeking instructions directly from the government.
Amendment 238 #
2022/0400(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Member States shall provide for transparent rules and safeguards concerning the selection, appointment, revocation and potential conflict of interest of the staff of equality bodies, in particular persons holding a managerial position, including members of a board managing the equality body, in order to guarantee their competence and independence.
Amendment 244 #
2022/0400(COD)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Member States shall ensure thatguarantee the autonomy of equality bodies in the determination of appropriate safeguards are in place, in particular in their internal structure of equality bodies, to guarantee the independent exercise of their competences, notably where some require impartiality and others focus on support to victims.
Amendment 248 #
2022/0400(COD)
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Member States shall ensure that appropriate safeguards are in place in the internal structure and operation of multi- mandate bodies to guarantee the autonomouseffective exercise of the equality mandate.
Amendment 252 #
2022/0400(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that each equality body has budgetary and financial autonomy and is provided with the human, material, technical and financial resources necessary to perform all its tasks and to exercise all its competences effectively, on all the grounds and in all fields covered by Directives 2006/54/EC and 2010/41/EU including in the event of increases in competences, increases in complaints, litigation costs and the use of special expertise in developing areas with the potential for discrimination such as the use of automated systems.
Amendment 257 #
2022/0400(COD)
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. Member States shall ensure that human, material, technical and financial resources of equality bodies are adequate and commensurate to any evolution of their mission and fields of intervention or increase in competences, especially their rights to act in court proceedings.
Amendment 265 #
2022/0400(COD)
Proposal for a directive
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) adopt a strategy to raise awareness of the general population, throughout their territory, with particular attention to individuals and groups at risk of discrimination, young people, on the rights under Directives 2006/54/EC and 2010/41/EU and on the existence of equality bodies and their services;
Amendment 268 #
2022/0400(COD)
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) ensure thate conditions for equality bodies to engage in the prevention of discrimination and in the promotion of equal treatment, and guarantee independence for equality bodies in adopting a strategy defining how they will engage in public dialogue, communicate with individuals and groups at risk of discrimination, ensure an intersectional approach in combatting multiple discrimination as well as underreporting, provide training and guidance, and promote equality duties, equality mainstreaming and positive action among public and private entities.
Amendment 278 #
2022/0400(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
In doing so, Member States and equality bodies shall take into consideration the most appropriate communication tools and formats for each target group. They shall focus in particular on disadvantaged groups whose access to information can be hindered, for example by their health or socio-economic status, age, disability, literacy, nationality, residence statusmembership of a national minority, language, residence status, remote and rural geographic locations, or their lack of access to online tools.
Amendment 287 #
2022/0400(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
Amendment 293 #
2022/0400(COD)
Proposal for a directive
Article 6 – paragraph 3 – subparagraph 1
Article 6 – paragraph 3 – subparagraph 1
Equality bodies shall provide assistance to victims, or their designated representatives, initially by informing them on the legal framework, including advice targeted to their specific situation, on the services offered by the equality body and related procedural aspects, as well as on available remedies, including the possibility to pursue a case in court.
Amendment 298 #
2022/0400(COD)
Proposal for a directive
Article 6 – paragraph 4 – subparagraph 1
Article 6 – paragraph 4 – subparagraph 1
Equality bodies shall issue a preliminary assessment of a complaint on the basedis onf information voluntarily submitted by the parties involved. Member States shall or handed over upon request. Member States shall ensure that equality bodies define the precise modalities under which the equality body will issue such preliminary assessment, ensuring that they contribute to a simple and rapid handling of complaints.
Amendment 301 #
2022/0400(COD)
Proposal for a directive
Article 6 – paragraph 4 – subparagraph 2
Article 6 – paragraph 4 – subparagraph 2
Equality bodies shall inform the complainants of their preliminary assessment and whether it will close their complaint or whether there are grounds to pursue it further, including via the procedures laid down in Articles 7, 8, 8a and 9.
Amendment 302 #
2022/0400(COD)
Proposal for a directive
Article 7 – title
Article 7 – title
Amicable settlementslternative dispute resolution
Amendment 305 #
2022/0400(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
Equality bodies or other existing dedicated entities shall be able to offer the parties the possibility to seek an amicabllternative resolution to their dispute. That process shall be subject to the agreement of the parties and may be led by the equality body itself or by another existing dedicated entity, in which case the equality body may formulate observations to that entity. The parties shall have the possibility to be assisted by designated representatives. Engaging in such a process shall not prevent the parties from exercising their right of access to court.
Amendment 309 #
Amendment 311 #
2022/0400(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall ensure that equality bodies are empowered to effectively conduct inquiries where, following a complaint or on their own initiative, equality bodiesthey consider that the principle of equal treatment laid down in Directives 2006/54/EC and 2010/41/EU may have been breached, those bodies are empowered to further investigate the case.
Amendment 314 #
2022/0400(COD)
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 2
Article 8 – paragraph 2 – subparagraph 2
In particular, that framework shall provide equality bodies with effective rights to access information and documents which isare necessary to establish whether discrimination has occurred. It shall also provide for appropriate mechanisms for equality bodies to cooperate with relevant public bodies for that purpose such as labour inspectorates.
Amendment 318 #
2022/0400(COD)
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Member States mayshall also provide that the alleged perpetrator and any third party is legally bound to provide any information and documents requested by equality bodies. Equality bodies shall act with due regard towards the confidentiality of all information and documents received.
Amendment 319 #
2022/0400(COD)
Proposal for a directive
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3a. Equality bodies may also fully or partially entrust another competent body with the powers referred to in paragraphs 1 and 2. Where such a competent body is responsible for or collaborates with the equality body on inquiries, it shall provide the equality body, upon its request, with information on the results thereof.
Amendment 321 #
2022/0400(COD)
Proposal for a directive
Article 8 – paragraph 4 – subparagraph 1
Article 8 – paragraph 4 – subparagraph 1
Amendment 324 #
2022/0400(COD)
Proposal for a directive
Article 8 – paragraph 4 – subparagraph 2
Article 8 – paragraph 4 – subparagraph 2
Amendment 327 #
2022/0400(COD)
Proposal for a directive
Article 8 – paragraph 4 – subparagraph 3
Article 8 – paragraph 4 – subparagraph 3
Amendment 331 #
2022/0400(COD)
Proposal for a directive
Article 8 a (new)
Article 8 a (new)
Article8a Opinions and decisions 1. Member States shall ensure that equality bodies are empowered to record in writing their assessment of a case, including establishing the facts and a reasoned conclusion on the existence of discrimination. Member States shall determine whether this is to be done by means of non-binding opinions or by means of binding enforceable decisions. 2. Where appropriate, opinions and decisions shall include specific measures to remedy any breach found and to prevent further occurrences. Member States shall establish appropriate mechanisms for follow-up to opinions, such as feedback obligations, and for enforcement of decisions. 3. Equality bodies shall publish summaries of their opinions and decisions, without disclosing personal data. They shall be able to disclose personal data where such disclosure is provided for under national law.
Amendment 332 #
2022/0400(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall ensure that equality bodies have the right to act in court proceedings in administrative and civil law matters relating to the implementation of the principle of equal treatment laid down in Directives 2006/54/EC and 2010/41/EU in accordance with paragraphs 2 to 53, without prejudice to national rules on the admissibility of actions.
Amendment 337 #
2022/0400(COD)
Proposal for a directive
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
(a) the right of the equality body to act as a party in proceedings on the enforcement or judicial review of a decision taken pursuant to Article 8(4)a;
Amendment 339 #
2022/0400(COD)
Proposal for a directive
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) the right of the equality body to submit observations to the court as a third- party intervention such as amicus curiae;
Amendment 350 #
2022/0400(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Member States shall ensure that the equality body can initiate court proceedings in its own name, in particular in order to address structural and systematic discrimination or in order to defend the public interest in cases selected by the equality body because of their abundance, their seriousness or their need for legal clarification.
Amendment 354 #
2022/0400(COD)
Proposal for a directive
Article 9 – paragraph 4
Article 9 – paragraph 4
Amendment 358 #
2022/0400(COD)
Proposal for a directive
Article 9 – paragraph 5
Article 9 – paragraph 5
Amendment 361 #
2022/0400(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Member States shall ensure that, in the procedures referred to in Articles 6, 7, 8, 8a and 9, the rights of defence of natural and legal persons involved are duly protected. Member States shall ensure that equality bodies guarantee confidentiality of witnesses and whistle-blowers, and as far as possible, of complainants and alleged perpetrators.
Amendment 364 #
2022/0400(COD)
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
Decisions referred to in Article 8(4)a shall be subject to judicial review, in accordance with national law and practice.
Amendment 366 #
2022/0400(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall guarantee access to equality bodies’ services and publications on an equal basis for all and ensure that there are no barriers to submission of complaints or to assistance of victims.
Amendment 367 #
2022/0400(COD)
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Member States shall ensure that equality bodies provide all their services at no cost to complainants, throughout their territory, including in rural and remote areas. Member States shall ensure attention is paid to specific territorial characteristics, such as those of outermost regions and regions suffering from severe and permanent natural or demographic handicaps, such as northernmost regions with very low population density, islands, cross-border and mountain regions. Member States shall ensure that equality bodies offer tailor-made solutions to provide their services to all complainants such as mobile offices, itinerant solutions, digital tools and platforms.
Amendment 371 #
2022/0400(COD)
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Member States shall ensure accessibility, including in accordance with Directives (EU) 2016/2102 and (EU) 2019/882, and provide reasonable accommodation for persons with disabilities to guarantee their equal access to all services and activities of equality bodies, including assistance to victims, complaint handling, amicable settlementsubmission and handling, alternative dispute resolution mechanisms, information and publications, and prevention, promotion and awareness- raising activities.
Amendment 375 #
2022/0400(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
Member States shall ensure that equality bodies, without prejudice to their independence, have appropriate mechanisms in place to cooperate, within their respective fields of competence, with other equality bodies within the same Member State, with equality bodies of other Member States, including in the framework of the European Network of Equality Bodies (Equinet), and with relevant public and private entities, including civil society organisations, relevant EU agencies, social partners, labour and education inspectorates at national, regional, local level as well as in other Member States and at Union and international level.
Amendment 389 #
2022/0400(COD)
Proposal for a directive
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Member States shall ensure that equality bodies can access in an accessible format statistics related to the rights and obligations derived from Directives 2006/54/EC and 2010/41/EU collected by public and private entities including public authorities, trade unionsocial partners, companies, and civil society organisations where they deem such statistics necessary to make an overall assessment of the situation regarding discrimination in the Member State, and for drawing up the report referred to in Article 15, point (c).
Amendment 391 #
2022/0400(COD)
Proposal for a directive
Article 14 – paragraph 4
Article 14 – paragraph 4
4. Member States shall allow equality bodies to make recommendations on which data is to be collected in relation to the rights and obligations derived from Directives 2006/54/EC and 2010/41/EU, to public and private entities including public authorities, trade unionsocial partners, companies and civil society organisations, and require feedback from the authorities concerned. Member States shall also allow equality bodies to play a coordination role in the collection of equality data.
Amendment 395 #
2022/0400(COD)
Proposal for a directive
Article 14 – paragraph 5
Article 14 – paragraph 5
5. Member States shall ensure that equality bodies may conduct independent surveys, reports and research concerning discrimination. They shall also ensure that equality bodies can commission such studies and reports.
Amendment 398 #
2022/0400(COD)
Proposal for a directive
Article 15 – paragraph 1 – point c
Article 15 – paragraph 1 – point c
(c) publish a report, with recommendations, ensuring an intersectional approach, at least every four years, on the state of equal treatment and discrimination, including potential structural issues, in their Member State.
Amendment 408 #
2022/0400(COD)
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The Commission shall, by means of an implementing act, establish a list of common indicators to measure the practical effects of this Directive. When preparing the indicators, the Commission may seek advice from the European Union Agency for Fundamental Rights and, the European Institute for Gender Equality and equality bodies, including the European Network of Equality Bodies (Equinet). Those indicators shall cover the resources, independent functioning, activities, accessibility and effectiveness of equality bodies, as well as evolutions in their mandate, powers, appointments or structure, ensuring the comparability, objectivity and reliability of the data collected at national level.
Amendment 411 #
2022/0400(COD)
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. By [53 years after the date of transposition], and every 5 years thereafter, Member States shall provide the Commission with all relevant information regarding the application of this Directive, including data on its practical effects collected on the basis of the indicators referred to in paragraph 1 of this Article, and in particular taking into account the reports drawn up by the equality bodies under Article 145, points (b) and (c).
Amendment 415 #
2022/0400(COD)
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
3. The Commission shall draw up a report on the application and practical effects of this Directive, based on the information referred to in paragraph 2 and additional relevant data collected at national and Union level, in particular from stakeholders, by the European Union Agency for Fundamental Rights and, the European Institute for Gender Equality and equality bodies, including the European Network of Equality Bodies (Equinet). The Commission shall issue recommendations as part of the European Semester framework if it identifies shortcomings in Member States' equal treatment and discrimination policies.
Amendment 418 #
2022/0400(COD)
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The implementation of this Directive shall under no circumstances constitute grounds for a reduction in the level of protection against discrimination already afforded by Member States in the matters covered by this Directives 2006/54/EC, 2010/41/EU and 2023/970/EU.
Amendment 421 #
2022/0400(COD)
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Member States shall ensure that when equality bodies process special categories of personal data, namely data on racial or ethnic origin, religion or belief, disability or sexual orientationreferred to in Article 9(1) of Regulation (EU) 2016/679, suitable and specific measures are provided to safeguard the fundamental rights and the interests of the data subject.
Amendment 423 #
2022/0400(COD)
Proposal for a directive
Article 19 – paragraph 2
Article 19 – paragraph 2
References to the bodies for the promotion of equal treatment referred to in those Articles, as well as Article 15 of Directive (EU) 2019/1158, shall be construed as references to the equality bodies referred to in Article 2 of this Directive.
Amendment 109 #
2022/0269(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The eradication of forced labour in all its forms, including state imposed forced labour, is a priority for the Union. Respect for human dignity and the universality and indivisibility of human rights are firmly enshrined in Article 21 of the Treaty on European Union. Article 5(2) of the Charter of Fundamental Rights of the European Union and Article 4 of the European Convention on Human Rights provide that no one is to be required to perform forced or compulsory labour. The European Court of Human Rights has repeatedly interpreted Article 4 of the European Convention on Human Rights as requiring Member States to penalise and effectively prosecute any act maintaining a person in the situations described set out in Article 4 of the European Convention on Human Rights.19 _________________ 19 For instance paras. 89 and 102 in Siliadin v. France or para. 105 in Chowdury and Others v. Greece.
Amendment 115 #
2022/0269(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Through its policies and legislative initiatives the Union seeks to eradicate the use of forced labour. The Union promotes due diligence in accordance with international guidelines and principles established by international organisations, including the ILO, the Organisation for Economic Co-operation and Development (hereinafter “OECD”) and the United Nations (hereinafter “UN”), to ensure that forced labour does not find a place in the valuesupply chains of undertakings established in the Union.
Amendment 117 #
2022/0269(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Union trade policy supports the fight against forced labour in both unilateral and bilateral trade relationships. The trade and sustainable development chapters of Union trade agreements contain a commitment to ratify and effectively implement the fundamental ILO Conventions, which include ILO Convention No. 29 and ILO Convention No. 105. Moreover, unilateral trade preferences under the Union’s General Scheme of Preferences couldan be withdrawn for serious and systematic violations of ILO Convention No. 29 and ILO Convention No. 105.
Amendment 126 #
2022/0269(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) [In particular, Directive 20XX/XX/EU on Corporate Sustainability Due Diligence sets out horizontal due diligence obligations for companies to identify, prevent, mitigate and account for actual and potential adverse impacts on human rights, including forced labour, and the environment that they caused, contributed to or are directly linked to in the company’s own operations, and its subsidiaries and in its value chains, in accordance with international human and labour rights standards and environmental conventions. Those obligations apply to large companies over a certain threshold in terms of number of employees and net turnover, and to smaller companies in high-impact sectorat Directive also strengthens access to remedy for those affected by such impacts. Those obligations apply to large companies over a certain threshold in terms of number of employees and net turnover.22 ] _________________ 22 Directive 20XX/XX/EU of the European Parliament and of the Council on Corporate Sustainability Due Diligence and amending Directive (EU) 2019/1937, OJ XX, XX.XX.20XX, p. XX.
Amendment 136 #
2022/0269(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) In order to ensure the effectiveness of the prohibition, such prohibition should apply to products for which forced labour has been used at any stage of their production, manufacture, harvest and extraction, including working or processing related to the products. The prohibition should apply to all products, of any type, including their components, and should apply to products regardless of the sector, the origin, whether they are domestic or imported, or placed or made available on the Union market or exported. Considering that this is a product based regulation, such prohibition should not apply to services.
Amendment 143 #
2022/0269(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Micro, small and medium-sized enterprises (’SMEs’) can have limited resources and ability to ensure that the products they place or make available on the Union market are free from forced labour. The Commission should therefore issue thorough guidelines on due diligence in relation to forced labour, which should take into account also the size and economic resources of economic operators. In addition, the Commission should issue clear guidelines on forced-labour risk indicators and on publicly available information in order to help SMEs, as well as other economic operators, to comply with the requirements of the prohibition. The guidelines should be publicly available at least 18 months before the date of application of this Regulation.
Amendment 153 #
2022/0269(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The competent authorities of the Member States should monitor the market to identify violations of the prohibition. In appointing those competent authorities, Member States should ensure that those authorities have sufficient resources and that their staff has the necessary competences and knowledge, especially with regard to human rights, valuesupply chain management and due diligence processes. Competent authorities should closely coordinate with national labour inspections and judicial and law enforcement authorities, including those responsible for the fight against trafficking in human beings in such a way as to avoid jeopardising investigations by such authorities.
Amendment 162 #
2022/0269(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) When identifying potential violations of the prohibition, the competent authorities should follow a risk-based approach and assess all information available to them. Competent authorities should initiate an confidential investigation where, based on their assessment of all available information, they establish that there is a substantiated concern of a violation of the prohibition.
Amendment 166 #
2022/0269(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Before initiating an investigation, competent authorities should request from the economic operators under assessment information on actions taken to mitigate, prevent or bring to an end risks of forced labour in their operations and valuesupply chains with respect to the products under assessment. Carrying out such due diligence in relation to forced labour should help the economic operator to be at a lower risk of having forced labour in its operations and valuesupply chains. Appropriate due diligence means that forced labour issues in the valuesupply chain have been identified and addressed in accordance with relevant Union legislation and international standards. That implies that where the competent authority considers that there is no substantiated concern of a violation of the prohibition, for instance due to, but not limited to the applicable legislation, guidelines, recommendations or any other due diligence in relation to forced labour being applied in a way that mitigates, prevents and brings to an end the risk of forced labour, no investigation should be initiated. Economic operators, which are not within the scope of [Directive 20XX/XX/EU on Corporate Sustainability Due Diligence], shall not be disadvantaged for not having conducted due diligence in accordance with that Directive. Questions regarding remediation are covered by [Directive 20XX/XX/EU on Corporate Sustainability Due Diligence].
Amendment 179 #
2022/0269(COD)
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) In order to ensure consistency in the actions and decisions by competent authorities, the Commission should issue clear guidelines for the competent authorities and coordinate their work.
Amendment 184 #
2022/0269(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) During the preliminary phase of investigation, competent authorities should focus on the economic operators involved in the steps of the valuesupply chain where there is a higher risk of forced labour with respect to the products under investigation, also taking into account their size and economic resources, the quantity of products concerned and the scale of the suspected forced labour.
Amendment 189 #
2022/0269(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Competent authorities, when requesting information during the investigation, should prioritise to the extent possible and consistent with the effective conduct of the investigation the economic operators under investigation that are involved in the steps of the valuesupply chain as close as possible to where the likely risk of forced labour occurs and take into account the size and economic resources of the economic operators, the quantity of products concerned, as well as the scale of suspected forced labour.
Amendment 198 #
2022/0269(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) Competent authorities should bear the burden of establishing that forced labour has been used at any stage of production, manufacture, harvest or extraction of a product, including working or processing related to the product, but excluding services, related to the product and whether or not the product is classified as high risk, on the basis of all information and evidence gathered during the investigation, including its preliminary phase. To ensure their right to due process, economic operators should have the opportunity to provide information in their defence to the competent authorities throughout the investigation.
Amendment 209 #
2022/0269(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) Competent authorities that establish that economic operators violated the prohibition, should without delay prohibit the placing and making available of such products on the Union market and their export from the Union, and require the economic operators that have been investigated to withdraw the relevant products already made available from the Union market and have them recycled, and if that is not possible, they should have the products destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management.
Amendment 224 #
2022/0269(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) If the economic operators fail to comply with the decision of the competent authorities by the end of the established timeframe, the competent authorities should ensure that the relevant products are prohibited from being placed or made available on the Union market, exported or withdrawn from the Union market and that any such products remaining with the relevant economic operators are recycled, and if that is not possible, they should have the products destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management at the expense of the economic operators.
Amendment 235 #
2022/0269(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) Any person, whether it is a natural or legal person, or any association not having legal personality, should be allowed to submit information to the competent authorities, through a designated webportal at Union level, when it considers that products made with forced labour are placed and made available on the Union market and to be informed of the outcome of the assessment of their submission.
Amendment 244 #
2022/0269(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) Decisions of the competent authorities establishing a violation of the prohibition should be communicated to customs authorities, who should aim at identifying the product concerned amongst products declared for release for free circulation or export. The Commission and Member States shall ensure that the Customs authorities have sufficient resources to carry out these controls. The competent authorities should be responsible for the overall enforcement of the prohibition with regard to the internal market as well as products entering or leaving the Union market. Since forced labour is part of the manufacturing process and does not leave any trace on the product, and Regulation (EU) 2019/1020 covers only manufactured products and its scope is limited to release for free circulation, the customs authorities would be unable to act autonomously under Regulation (EU) 2019/1020 for the application and enforcement of the prohibition. The specific organisation of controls of each Member State should be without prejudice to Regulation (EU) No 952/2013 of the European Parliament and of the Council32 and its general provisions on the control and supervisory powers of customs authorities. _________________ 32 Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (recast) (OJ L 269, 10.10.2013, p. 1).
Amendment 248 #
2022/0269(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) The information currently made available to customs authorities by economic operators includes only general information on the products but lacks information on the manufacturer or producer and product suppliers as well as specific information on products. In order for customs authorities to be able to identify products entering or leaving the Union market that may violate the Regulation and should accordingly be stopped at the EU external borders, economic operators should submit to customs authorities information allowing matching a decision of the competent authorities with the product concerned. This should include information on the manufacturer or producer and the product suppliers as well as any other information on the product itself. To this end, the Commission should be empowered to adopt delegated acts identifying the products for which such information should be provided using, amongst others, the database established under this Regulation as well as the information and decisions of the competent authorities encoded in the information and communication system set out in Article 34 of Regulation (EU) 2019/1020 (‘ICSMS’). Moreover, the Commission should be empowered to adopt, the implementing acts necessary to specify the details of the information to be made available to customs by the economic operators. This information should include the description, name or brand of the product, specific requirements under Union legislation for the identification of the product (such as a type, reference, model, batch or serial number affixed on the product, or provided on the packaging or in a document accompanying the product, or unique identifier of the digital product passport) as well as details on the manufacturer or producer and the product suppliers, including for each of them their name, trade name or registered trademark, their contact details, their unique identification number in the country they are established and, where available, their Economic Operators Registration and Identification (EORI) number. The review of the Union Customs Code will consider introducing in the customs legislation the information required to be made available to customs by the economic operators for the enforcement of this Regulation and more broadly to strengthen the transparency of the supply chain. The Commission should issue guidance and support to economic operators, especially SMEs, on how to collect the required information.
Amendment 253 #
2022/0269(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) Customs authorities that identify a product that may be covered by a decision communicated by competent authorities establishing a violation of the prohibition should suspend the release of that product and notify the competent authorities immediately. Competent authorities should reach a conclusion within a clearly specified, reasonable timeframe on the case notified to them by the customs authorities, either by confirming or by denying that the product concerned is covered by a decision. Where necessary the competent authorities should be authorised to require maintaining the suspension of its release. In the absence of a conclusion by competent authorities within the specified time limit, customs authorities should release the products if all other applicable requirements and formalities are fulfilled. Generally, the release for free circulation or export should also not be deemed to be proof of compliance with Union law, since such a release does not necessarily include a complete control of such compliance.
Amendment 260 #
2022/0269(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) Where the competent authorities conclude that a product corresponds to a decision establishing a violation of the prohibition, they should immediately inform customs authorities which should refuse its release for free circulation or export. The product should be recycled, and if that is not possible, the product should be destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including legislation on waste management, which excludes re-export in case of non-Union goods.
Amendment 264 #
2022/0269(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) A uniform enforcement of the prohibition as regards products entering or leaving the Union market can only be achieved through systematic exchange of information and cooperation amongst competent authorities, customs authorities and the Commission. This cooperation should be coordinated by the Commission.
Amendment 279 #
2022/0269(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) To ensure effective enforcement of the prohibition, it is necessary to establish a network aimed at structured coordination and cooperation between the competent authorities of the Member States and, where appropriate, experts from customs authorities, and the Commission. That network should alsobe coordinated by the Commission and aim at streamlining the practices of the competent authorities within the Union that facilitate the implementation of joint enforcement activities by Member States, including joint investigations. That administrative support structure should allow the pooling of resources and maintain a communication and information system between Member States and the Commission, thereby helping to strengthen the enforcement of the prohibition.
Amendment 286 #
2022/0269(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) Since forced labour is a global problem and given the interlinkages of the global valuesupply chains, it is necessary to promote international cooperation against forced labour, which would also improve the efficiency of applying and enforcing the prohibition. The Commission should as appropriately cooperate with and exchange information with authorities of third countries and international organisations to enhance the effective implementation of the prohibition. International cooperation with authorities of non-EU countries should take place in a structured way as part of the existing dialogue structures, for example Human Rights Dialogues with third countries, or, if necessary, specific ones that will be created on an ad hoc basis.
Amendment 290 #
2022/0269(COD)
Proposal for a regulation
Recital 49 a (new)
Recital 49 a (new)
Amendment 294 #
2022/0269(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation lays down rules prohibiting economic operators from placing and making available on the Union market or exporting from the Union market products made with forced labour. This Regulation does not cover services.
Amendment 324 #
2022/0269(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
(f) ‘product’ means any product that can be valued in money and is capable, as such, of forming the subject of commercial transactions, whether it is extracted, harvested, produced or manufactured, including working or processing related to a product at any stage of its supply chain but excluding services;
Amendment 330 #
2022/0269(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – point g
(g) ‘product made with forced labour’ means a product for which forced labour has been used in whole or in part at any stage of its extraction, harvest, production or manufacture, including working or processing related to a product at any stage of its supply chain but excluding services;
Amendment 342 #
2022/0269(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point k
Article 2 – paragraph 1 – point k
(k) ‘product supplier’ means any natural or legal person or association of persons in the supply chain who extracts, harvests, produces or manufactures a product in whole or in part, or intervenes in the working or processing related to a product at any stage of its supply chain, whether as manufacturer or in any other circumstances, but excluding services;
Amendment 346 #
2022/0269(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point m a (new)
Article 2 – paragraph 1 – point m a (new)
(ma) ‘end user’ means any natural or legal person in the Union, to whom a product has been made available either as a consumer or as a professional, business to business end user in relation to its industrial or professional activities;
Amendment 347 #
2022/0269(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point m b (new)
Article 2 – paragraph 1 – point m b (new)
(mb) 'supply chain' means the activities of a company’s upstream business partners related to the production of goods by the company, including the design, extraction, manufacture and supply of raw materials, products or parts of the products and development of the product;
Amendment 353 #
2022/0269(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point n
Article 2 – paragraph 1 – point n
(n) ‘substantiated concern’ means a well-founded reason, based on objective and verifiable information, for the competent authorities to suspect that products were likely made with forced labour;
Amendment 382 #
2022/0269(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. In their assessment of the likelihood that economic operators violated Article 3, competent authorities shall focus on the economic operators involved in the steps of the valuesupply chain as close as possible to where the risk of forced labour is likely to occur and take into account the size and economic resources of the economic operators, whether they can be considered directly responsible, the quantity of products concerned, as well as the scale of suspected forced labour and whether state- imposed forced labour could be a concern.
Amendment 391 #
2022/0269(COD)
Proposal for a regulation
Article 4 – paragraph 3 – introductory part
Article 4 – paragraph 3 – introductory part
3. Before initiating an investigation in accordance with Article 5(1), the competent authority shall request from the economic operators under assessment information on actions taken to identify, prevent, mitigate or bring to an end risks of forced labour in their operations and valuesupply chains with respect to the products under assessment, including on the basis of any of the following:
Amendment 404 #
2022/0269(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Economic operators shall respond to the request of the competent authority referred to in paragraph 3 within 1540 working days from the day they received such request. Economic operators may provide to competent authorities any other information they may deem useful for the purposes of this Article.
Amendment 418 #
2022/0269(COD)
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. The competent authority shall duly take into account where the economic operator demonstrates that it carries out due diligence on the basis of identified forced labour impact in its supply chain, adopts and carries out measures suitable and effective for bringing to an end forced labour in a short period of time. Economic operators, which are not within the scope of [Directive 20XX/XX/EU on Corporate Sustainability Due Diligence], shall not be disadvantaged for not having conducted due diligence in accordance with that Directive.
Amendment 429 #
2022/0269(COD)
Proposal for a regulation
Article 4 – paragraph 7
Article 4 – paragraph 7
7. Competent authorities shall not initiate an investigation pursuant to Article 5, and shall inform the economic operators under assessment accordingly, where, on the basis of the assessment referred to in paragraph 1 and the information submitted by economic operators pursuant to paragraph 4, the competent authorities consicluder that there is no substantiated concern of a violation of Article 3, for instance due to, but not limited to, the applicable legislation, guidelines, recommendations or any other due diligence in relation to forced labour referred to in paragraph 3 being applied in a way that mitigates, prevents and brings to an end the risk of forced labour.
Amendment 440 #
2022/0269(COD)
Proposal for a regulation
Article 5 – paragraph 2 – introductory part
Article 5 – paragraph 2 – introductory part
2. Competent authorities that initiate an investigation pursuant to paragraph 1 shall inform the economic operators subject to the investigation, within 3 working days from the date of the decision to initiate such investigation immediately about the following:
Amendment 457 #
2022/0269(COD)
Proposal for a regulation
Article 5 – paragraph 3 – point a
Article 5 – paragraph 3 – point a
(a) prioritise the economic operators under investigation involved in the steps of the valuesupply chain as close as possible to where the likelysuspected risk of forced labour occurs and
Amendment 468 #
2022/0269(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Economic operators shall submit the information within 1540 working days from the request referred to in paragraph 3 or make a justified request for an extension of that time limit.
Amendment 485 #
2022/0269(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Competent authorities shall assess all information and evidence gathered pursuant to Articles 4 and 5 and, on that basis, establish whether Article 3 has been violated, within a reasonable period of time from the date they initiated the investigation pursuant to Article 5(1). Ongoing investigations shall not be included in the database.
Amendment 501 #
2022/0269(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Where competent authorities cannot establish that Article 3 has been violated, they shall take a decision to close the investigation and inform the economic operator thereof. Such closed investigations shall not appear in the database.
Amendment 513 #
2022/0269(COD)
Proposal for a regulation
Article 6 – paragraph 4 – point c
Article 6 – paragraph 4 – point c
(c) an order for the economic operators that have been subject to the investigation to recycle the products concerned or, when that is not possible, dispose of the respective products in accordance with national law consistent with Union law.
Amendment 533 #
2022/0269(COD)
Proposal for a regulation
Article 6 – paragraph 5 – point c
Article 6 – paragraph 5 – point c
(c) that any product remaining with the economic operator concerned is recycled, or, where that is not possible, disposed of in accordance with national law consistent with Union law at the expense of the economic operator.
Amendment 545 #
2022/0269(COD)
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
6. Where economic operators provide evidence to the competent authorities that they have complied with the decision referred to in paragraph 4, and that they have eliminated forced labour from their operations or supply chain with respect to the products concerned, the competent authorities shall withdraw their decision for the future and inform the economic operators. The economic operators shall also be removed from the database.
Amendment 561 #
2022/0269(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) all relevant information and in particular the details allowing the identification of the product, to which the decision applies, including details about the manufacturer or producer and the product suppliers as well as, where possible, the production site;
Amendment 577 #
2022/0269(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Where a competent authority considers that after taking into account the new information provided by the economic operator in accordance with paragraph 1 it cannot establish that the products have been placed or made available on the market or are being exported in violation of Article 3, it shall withdraw its decision adopted pursuant to Article 6(4) and the economic operator shall be removed from the database .
Amendment 593 #
2022/0269(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) any decision to prohibit placing and making available of the products on the market and their export, as well as to order the withdrawal of the products already placed or made available on the market and their recycling or disposal referred to in Article 6(4);
Amendment 599 #
2022/0269(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The Commission shall make available the decisions, and the withdrawals referred to in the paragraph 1, points (c), (d), (e) and (g) on a dedicated website.
Amendment 609 #
2022/0269(COD)
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1a. The Commission shall make available a dedicated, centralised webportal for submissions of information referred to in paragraph 1.
Amendment 624 #
2022/0269(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Commission shall call upon external expertise to provide an indicative, non-exhaustive, verifiable and regularly updated database of forced labour risks in specific geographic areas or with respect to specific products including with regard to forced labour imposed by state authorities. The database shall be based on the guidelines referred to in Article 23, points (a), (b) and (c), and relevant external sources of information from, amongst others, international organisations and third country authorities as well as relevant experience from implementing Union law setting out due diligence requirements with respect to forced labour.
Amendment 641 #
2022/0269(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The Commission shall ensure that the database is made publicly available by the external expertise at the latest 124 months after the entry into force of this Regulation.
Amendment 650 #
2022/0269(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall designate one or more competent authorities responsible for carrying out the obligations set out in this Regulation. Designated Member State competent authorities shall be responsible for ensuring the effective and uniform implementation of this Regulation throughout the Union, coordinated by the Commission.
Amendment 669 #
2022/0269(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. A competent authority that has received, through the information and communication system referred to in Article 22(1), a request from a competent authority of another Member State for information to verify any evidence provided by an economic operator shall provide that information withinas soon as possible and at the latest 15 working days from the date of receipt of the request.
Amendment 680 #
2022/0269(COD)
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. Customs authorities shall rely on the decisions communicated pursuant to paragraph 3 to identify products that may not comply with the prohibition laid down in Article 3. For that purpose, they shall carry out controls on products entering or leaving the Union market in accordance with Articles 46 and 47 of Regulation (EU) No 952/2013. The Commission and Member States shall ensure that the Customs authorities have sufficient resources to carry out these controls.
Amendment 711 #
2022/0269(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
Where the release for free circulation or export of a product has been refused in accordance with Article 19, customs authorities shall take the necessary measures to ensure that the product concerned is recycled, or where that is not possible, disposed of in accordance with national law consistent with Union law. Articles 197 and 198 of Regulation (EU) No 952/2013 shall apply accordingly.
Amendment 712 #
2022/0269(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. To enable a risk-based approach for products entering or leaving the Union market and to ensure that controls are effective and performed in accordance with the requirements of this Regulation, competent authorities and customs authorities shall cooperate closely and exchange risk-related information coordinated by the Commission.
Amendment 721 #
2022/0269(COD)
Proposal for a regulation
Article 21 – paragraph 2 – point b a (new)
Article 21 – paragraph 2 – point b a (new)
(ba) the Commission.
Amendment 725 #
2022/0269(COD)
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. The Commission shall develop an interconnection to enable the automated communication of decisions referred to in Article 15(3) from the information and communication system referred to in paragraph 1 to the environment referred to in paragraph 4. That interconnection shall start operating no later than two year12 months from the date of the adoption of the implementing act referred to in paragraph 7, point (b), in respect of that interconnection.
Amendment 727 #
2022/0269(COD)
Proposal for a regulation
Article 22 – paragraph 5
Article 22 – paragraph 5
5. The Commission shall interconnect the national single window environments for customs with the information and communication system referred to in paragraph 1 to enable the exchange of requests and notifications between customs and competent authorities pursuant to Articles 17 to 20 of this Regulation. That interconnection shall be provided through [EU CSW-CERTEX pursuant to Regulation XX/20XX]40 within fourtwo years from the date of adoption of the implementing act referred to in paragraph 7(c). The exchanges referred to in paragraph 4 shall take place through that interconnection as soon as it is operational. _________________ 40 Established by the Regulation on the EU Single Window Environment for Customs (EU SWE-C).
Amendment 730 #
2022/0269(COD)
Proposal for a regulation
Article 23 – paragraph 1 – introductory part
Article 23 – paragraph 1 – introductory part
The Commission shall issue guidelines no later than 182 months after the entry into force of this Regulation, which shall include the following:
Amendment 739 #
2022/0269(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point a a (new)
Article 23 – paragraph 1 – point a a (new)
(aa) specific guidance for economic operators which are not within the scope of [Directive 20XX/XX/EU on Corporate Sustainability Due Diligence];
Amendment 744 #
2022/0269(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point b
Article 23 – paragraph 1 – point b
(b) information on risk indicators of forced labour, which shall be based on independent and verifiable information, including reports from international organisations, in particular the International Labour Organization, civil society, business organisations, and relevant experience from implementing Union legislation setting out due diligence requirements with respect to forced labour;
Amendment 760 #
2022/0269(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. A Union Network Against Forced Labour Products (‘the Network’) is established. The Network shall serve as a platform for structured coordination and cooperation between the competent authorities of the Member States and the Commission, and to streamline the practices of enforcement of this Regulation within the Union, thereby making enforcement more effective and coherent. The Network shall be lead by the Commission.
Amendment 767 #
2022/0269(COD)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. The Network shall be composed of representatives from each Member States’ competent authority, representatives from the Commission and, where appropriate, experts from the customs authorities.
Amendment 785 #
2022/0269(COD)
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. The Commission shall support and encourage cooperation between enforcement authorities through the Network and prepare and participate in the meetings of the Network.
Amendment 801 #
2022/0269(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. In order to facilitate effective implementation and enforcement of this Regulation, the Commission may as appropriateshall cooperate, engage and exchange information with, amongst others, authorities of third countries, international organisations, civil society representatives and business organisations. International cooperation with authorities of third countries shall take place in a structured way as part of the existing dialogue structures with third countries or, if necessary, specific ones that will be created on an ad hoc basis.
Amendment 814 #
2022/0269(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. The Member StatesCommission shall lay down the rules on penalties applicable to non- compliance with a decision referred to in Article 6(4) and shall take all measures necessary to ensure that they are implemented in a harmonised way in accordance with national law.
Amendment 820 #
2022/0269(COD)
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
Amendment 826 #
2022/0269(COD)
Proposal for a regulation
Article 30 a (new)
Article 30 a (new)
Article30a Assessment and review The Commission shall carry out an ex- post impact assessment of this Regulation by [12 months after the date of application], taking account of the objectives it pursues. The Commission shall submit a report thereon to the European Parliament and to the Council. The ex-post impact assessment shall evaluate whether this Regulation is achieving its objectives and shall be accompanied, where appropriate, by a legislative proposal.
Amendment 828 #
2022/0269(COD)
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
This Regulation shall apply from [OP enter DATE = 2430 months from its entry into force].
Amendment 185 #
2022/0066(COD)
Proposal for a directive
Recital 1
Recital 1
(1) The purpose of this Directive is to provide a comprehensive framework to effectively combat violence against women and domestic violence throughout the Union. It does so by strengthening and introducing measures in the following areas: the definition of relevant criminal offences and penalties, the protection of victims and access to justice, victim support, prevention, coordination and cooperation at national and EU-level by ensuring a multi-agency and multi- disciplinary approach and enhanced data collection on violence against women and domestic violence.
Amendment 213 #
2022/0066(COD)
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2 a) Gender-based violence is a serious obstacle to the participation of women and girls and other victims in in all spheres of private and public life and make them unable to fully enjoy their rights and fundamental freedoms.
Amendment 215 #
2022/0066(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Violence against women and domestic violence violate fundamental rights such as the right to human dignity, the right to life and integrity of the person, the prohibition of inhuman or degrading treatment or punishment, the right to respect for private and family life, personal data protectionthe right to liberty and security, personal data protection, the right to freedom from discrimination, including on the grounds of sex, and the rights of the child, as enshrined in the Charter of Fundamental Rights of the European Union.
Amendment 217 #
2022/0066(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) The possibility to have a common EU framework gender-based violence and protecting its victims is currently limited due to the available legal basis. In order to finally have a comprehensive EU framework for fighting against all forms of gender-based violence and properly protecting victims, it is imperative to urgently extend the areas of crime in accordance with Article 83(1) of the Treaty on the Functioning of the EU to include gender-based violence.
Amendment 218 #
2022/0066(COD)
Proposal for a directive
Recital 3 b (new)
Recital 3 b (new)
(3b) The Council of Europe Convention on preventing and combating violence against women (‘Istanbul Convention’) is the first legally binding international instrument on preventing and combating violence against women and girls at international level. Although six Member States - Bulgaria, Czech Republic, Hungary, Latvia, Lithuania and Slovakia - have not ratified the Convention, the European Court of Justice clarified in its Opinion of 6 October 2021 that the Council may not make finding a 'common accord' a prerequisite for the decision on accession to the Convention by the EU, which should be made based on a qualified majority. The Council should therefore abide by the ruling of the Court and ratify the Istanbul Convention as soon as possible by qualified majority.
Amendment 220 #
2022/0066(COD)
Proposal for a directive
Recital 4
Recital 4
(4) This Directive should apply to criminal conduct which amounts to violence against women or domestic violence, as criminalised under Union or national law. This includes the criminal offences defined in this Directive, namely rape, female genital mutilation, forced sterilisation, forced prostitution, the non- consensual sharing of intimate or manipulated material, cyber stalking, cyber harassment, cyber incitement to violence or hatred and criminal conduct covered by other Union instruments, in particular Directives 2011/36/EU36 and 2011/93/EU37 of the European Parliament and of the Council, which define criminal offences concerning the sexual exploitation of children and trafficking of human beings for the purpose of sexual exploitation. Lastly, certain criminal offences under national law fall under the definition of violence against women. This includes crimes such as femicide, sexual harassment, sexual abuse, stalking, early and forced marriage, forced abortion, forced sterilisation , so-called “honour crimes”, and different forms of cyber violence, such as online sexual harassment, cyber bullying or the unsolicited receipt of sexually explicit material material, as well as the denial of sexual and reproductive health and rights, including the right to safe and legal abortion. Domestic violence is a form of violence which may be specifically criminalised under national law or covered by criminal offences which are committed within the family or domestic unit or between former or current spouses or partners. _________________ 36 Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, OJ L 101, 15.4.2011, p. 1–11. 37 Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA, OJ L 335, 17.12.2011, p. 1– 14.
Amendment 230 #
2022/0066(COD)
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) Sexual and reproductive health and rights (SRHR), including safe and legal abortion care, constitute a fundamental right. Criminalising, delaying and denying access to SRHR constitutes a form of violence against women and girls. These restrictions and bans do not reduce the number of abortions, but only force people to travel long distances or to resort to unsafe abortions and affect the people who are most lacking in resources and information. Despite general progress in SRHR protection, backsliding on the right to access safe and legal abortion is currently a grave concern, including in some Member States, such as Poland, Slovakia, Hungary. Therefore, to protect fundamental rights, the right to safe and legal abortion should be included in the Charter of Fundamental Rights of the EU, as already called for by the European Parliament.1a _________________ 1a European Parliament’s resolution of 7th July 2022 on the US Supreme Court decision to overturn abortion rights in the United States and the need to safeguard abortion rights and women’s health in the EU
Amendment 247 #
2022/0066(COD)
Proposal for a directive
Recital 6
Recital 6
(6) Due to their vulnerability, children who witness violence against women or domestic violence suffer a direct emotional, the so called “witness violence”, and psychological harm, which impacts their development. Therefore, such children should always be considered victims and benefit from targeted protection measures.
Amendment 251 #
2022/0066(COD)
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) Special attention should also be paid to children orphans due to violence against women and domestic violence, as they are faced by a situation of special vulnerability, with the psychological and emotional impact that this entails. These children must have targeted protection measures and support, particularly during relevant criminal and civil proceedings.
Amendment 262 #
2022/0066(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Violence against women is a violation of human rights and a persisting manifestation of structural discrimination against women, resulting from historically unequal power relations between women and men. It is a form of gender-based violence, which is inflicted primarily on women and girls, by men. It is rooted in the socially constructed roles, behaviours, activities and attributes that a given society considers appropriate for women and men, generally referred to under the term ‘gender’.
Amendment 268 #
2022/0066(COD)
Proposal for a directive
Recital 8
Recital 8
(8) Domestic violence is a serious social problem which often remains hidden. It can lead to serious psychological and physical trauma with severe consequences because the offender typically is a person known to the victims, whom they would expect to be able to trust. Such violence can take on various forms, including physical, sexual, psychological and economic. Moreover, studies have shown that such violence follows a specific escalatory pattern, which can culminate in the killing of women. Recognising these steps and reacting at an early stage will prevent more serious violence and murders. Domestic violence may occur whether or not the offender shares or has shared a household with the victim.
Amendment 269 #
2022/0066(COD)
Proposal for a directive
Recital 8
Recital 8
(8) Domestic violence is a serious social problem which often remains hidden. It can lead to serious psychological and physical trauma with severe consequences because the offender typically is a person known to the victims, whom they would expect to be able to trust. Such violence can take on various forms, including physical, sexual, psychological, emotional, and economic and can occur within a range of relationships. Victims of domestic violence include not only partners, but also children or other relatives. Domestic violence may occur whether or not the offender shares or has shared a household with the victim.
Amendment 282 #
2022/0066(COD)
Proposal for a directive
Recital 10
Recital 10
(10) This Directive supports the international commitments the Member States have undertaken to combat and prevent violence against women and domestic violence, in particular the United Nations Convention on the Elimination of all forms of Discrimination Against Women (CEDAW)39 and, where relevant, the Council of Europe Convention on preventing and combating violence against women and domestic violence (‘Istanbul Convention’)40 and the International Labour Organization’s Convention concerning the elimination of violence and harassment in the world of work, signed on 21 June 2019 in Geneva, as well as the United Nations Convention on the Rights of Persons with Disabilities (CRPD). _________________ 39 Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), UNGA, 1979. 40 Convention on preventing and combating violence against women and domestic violence (Istanbul Convention),Council of Europe, 2011.
Amendment 292 #
2022/0066(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Violence against women and domestic violence can be exacerbated where it intersects with discrimination based on sex and other grounds of discrimination prohibited by Union law, namely nationality, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation. Member States should therefore pay due regard to victims affected by such intersectional discrimination, through providing specific measures where intersecting forms of discrimination are present. In particular, lesbian, bisexual, trans, non-binary, intersex and queer (LBTIQ) women, women with disabilities, women with dependent residence status or permit, and women with a minority racial or ethnic background are at a heightened risk of experiencing gender- based violence.
Amendment 293 #
2022/0066(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Violence against women and domestic violence can be exacerbated where it intersects with discrimination based on sex and other grounds of discrimination prohibited by Union law, namely nationality, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or, sexual orientation or gender identity and expression. Member States should therefore pay due regard to victims affected by such intersectional discrimination, through providing specific measures where intersecting forms of discrimination are present. In particular, lesbian, bisexual, trans, non-binary, intersex and queer (LBTIQ) women, women with disabilities and women with a minority racial or ethnic background are at a heightened risk of experiencing gender- based violence.
Amendment 330 #
2022/0066(COD)
Proposal for a directive
Recital 15
Recital 15
(15) With regard to offences amounting to rape, offenders who have been previously convicted of offences of the same nature should be obliged to participate in intervention programmes toOffenders convicted of offences of violence against women and domestic violence should be obliged to participate in intervention programmes to help them understand and recognise their responsibility, change their harmful attitudes and behaviours as well as to adopt non-violent behaviour in interpersonal relationships and thus mitigate the risk of recidivism.
Amendment 344 #
2022/0066(COD)
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) Forced sterilisation is another form of violence against women and a gross violation of human and fundamental rights, such as the rights to dignity, physical integrity, privacy and free and informed consent. It is a harmful and exploitative practice that removes the capacity of sexual reproduction of the victims and that is performed for the purpose of exerting social control over the victims. Roma women and girls, women and girls with disabilities and transgender people are particularly at risk of such violence, especially those with intellectual and psychosocial disabilities, and living in institutions. To combat this long-lasting practice, which perpetuates discrimination, stereotypes, violence and control over the person’s body, forced sterilisation should be specifically addressed by criminal law. Currently, only 9 EU Member States explicitly criminalise forced sterilisation as a distinct offence in their criminal code and at least 13 EU Member States still allow some forms of forced sterilisation in their legislation.1a This points out the divergences and gaps in national legislation and therefore justifies the introduction of the offence of forced sterilisation in this Directive. Specific emphasis should be given to the prior and informed consent of the woman or girl to undergo such procedure, which should not be substituted by the consent of a legal guardian. _________________ 1a https://www.edf- feph.org/content/uploads/2022/09/EDF_F S_0909-accessible.pdf
Amendment 361 #
2022/0066(COD)
Proposal for a directive
Recital 17
Recital 17
(17) It is necessary to provide for harmonised definitions of offences and penalties regarding certainall forms of cyber violence. Cyber violence particularly targets and impacts women and girls, LGBTIQ people, politicians, journalists and human rights defenders. It can have the effect of silencing women and hindering their societal participation on an equal footing with men. Cyber violence also disproportionately affects women and girls in educational settings, such as schools and universities, with detrimental consequences to their further education and to their mental health, which may, in extreme cases, lead to suicide. The investigation of offences related to cyber violence should therefore be carried out diligently to prevent inadequate investigation from effectively prosecuting such offences and increasing impunity.
Amendment 370 #
2022/0066(COD)
Proposal for a directive
Recital 18
Recital 18
(18) The use of information and communication technologies bears the risk of easy, fast and wide-spread amplification of certain forms of cyber violence with the effect of creating or enhancing profound and long-lasting harm for the victim. The potential for such amplification, which is a pre-requisite for the perpetration of several offences of cyber violence defined under this Directive, should be reflected by the element of making certain material accessible, through information and communication technologies, to a ‘multitude’ of end-users. The term ‘multitude’ should be understood as referring to reaching a significant number of end-users of the technologies in question, thus allowing for significant access to, and potential further distribution of that materialother end- users. That term should be interpreted and applied having regard to the relevant circumstances, including the technologies used to make that material accessible and the means these technologies offer for amplification.
Amendment 373 #
2022/0066(COD)
Proposal for a directive
Recital 19
Recital 19
(19) Especially due to its tendency for easy, swift and broad distribution and perpetration, as well as its intimate nature, the non-consensual making accessible of intimate images or videosterial and material that depict sexual activities, to a multitude ofof sexual nature to other end-users, by means of information and communication technologies, can be very harmful for the victims. The offence provided for in this Directive should cover all types of such material, such as images, photographs and videos, including sexualized images, audio clips and video clips. It should relate to situations where the making accessible of the material to a multitude ofother end-users, through information and communication technologies, occurs without the victim’s consent, irrespective of whether the victim consented to the generation of such material or may have transmitted it to a particular person. The offence should also include the non-consensual production or manipulation, for instance by image editing, of intimate material that makes it appear as though another person is engaged in sexual activitiesin it, insofar as the material is subsequently made accessible to a multitude ofother end-users, through information and communication technologies, without the consent of that person. Such production or manipulation should include the fabrication of ‘deepfakes’, where the material appreciably resembles an existing person, objects, places or other entities or events, depicting sexual activitiesintimate material or material of sexual nature of another person, and would falsely appear to others to be authentic or truthful. In the interest of effectively protecting victims of such conduct, threatening to engage in such conduct should be covered as well, regardless of the motives of the offender. Moreover, since the so-called “cyber-flashing” is a very common method of intimidating and silencing women, the non-consensual sending of intimate material, including images or videos of genitalia, of the sender or what appears to be the sender, to another person in private conversation, by means of information and communication technologies, should be also considered an offence.
Amendment 386 #
2022/0066(COD)
Proposal for a directive
Recital 21
Recital 21
(21) Minimum rules concerning the offence of cyber harassment should be laid down to counter initiating an attack with third parties or participating in such an attack directed at another person, by making threatening or insulting material accessible to a multitude ofother end- users. Such broad attacks, including coordinated online mob attacks, may morph into offline assault or cause significant psychological injury and in extreme cases lead to suicide of the victim. They often target prominent (female) politicians, journalists or otherwise well- known persons, but they can also occur in different contexts, for instance on campuses or in schools. Such online violence should be addressed especially where the attacks occur on a wide-scale, for example in the form of pile- on harassment by a significant amount of people. Moreover, repeated sending of threatening and insulting messages in private conversations is a very common form of violence against women, therefore it should also be covered, since such a conduct is still not properly addressed in some Member States. This should help advance the victims the access to justice.
Amendment 396 #
2022/0066(COD)
Proposal for a directive
Recital 23
Recital 23
(23) The offence of cyber incitement to violence or hatred presupposes that the incitement is not expressed in a purely private context, but publicly through the use of information and communication technologies. Therefore, it should require dissemination to the public, which should be understood as entailing the making accessible, through information and communications technologies, of a given item of material inciting to violence or hatred to a potentially unlimited number of persons, namely making the material easily accessible to users in general, without requiring further action by the person who provided the material, irrespective of whether those persons actually access the information in question. Accordingly, where access to the material requires registration or admittance to a group of users, that information should be considered to be disseminated to the public only where users seeking to access the material are automatically registered or admitted without a human decision or selection of whom to grant access. In assessing whether material qualifies as amounting to incitement to hatred or violence, the competent authorities should take into account the fundamental rights to freedom of expression as enshrined in Article 11 of the Charter as well as the criteria of the UN Rabat Plan for Action, especially, the social and political context of the message, status of the speaker, content and form of the speech act, intent, the likelihood of harm, including imminence. The assessment should be carried out on a case-by-case basis.
Amendment 400 #
2022/0066(COD)
Proposal for a directive
Recital 24
Recital 24
(24) According to an EU-wide FRA survey in 2014, 67% of women did not report partner violence to the police or any other organisation. Victims should be able to report crimes of violence against women or domestic violence easily without being subject to secondary or repeat victimisation, especially those with disabilities and living in institutions, including through the use of Braille and sign language. To this end, Member States should provide the possibility to submit complaints online or through other accessible and secure information and communication technologies for the reporting of such crimes. Victims of cyber violence should be able to upload materials relating to their report, such as screenshots of the alleged violent behaviour. Victims should have access to legal aid and assistance, free of charge and in a language they can understand, when reporting criminal offences and during judicial proceedings.
Amendment 411 #
2022/0066(COD)
Proposal for a directive
Recital 25
Recital 25
(25) In the case of domestic violence and violence against women, especially when committed by close family members or intimate partners, victims may be under such duress by the offender that they fear to reach out to the competent authorities, even if their lives are in danger. Therefore, Member States should ensure their confidentiality rules do not constitute an obstacle for relevant professionals, such as healthcare professionals, to report to the competent authorities, where they have reasonable grounds to believe that the life of the victim is at an imminent risk of serious physical harm. Similarly, instances of domestic violence or violence against women affecting children are often only intercepted by third parties noticing irregular behaviour or physical harm to the child. Children need to be effectively protected from suchall forms of violence and adequate measures promptly taken. Therefore, relevant professionals coming in contact with child victims or potential child victims, including healthcare or education professionals, should equally not be constrained by confidentiality and should act where they have reasonable grounds to believe that serious acts of violence under this Directive have been committed against the child or further serious acts are to be expected. Where professionals report such instances of violence, Member States should ensure that they are not held liable for breach of confidentiality.
Amendment 414 #
2022/0066(COD)
Proposal for a directive
Recital 26
Recital 26
(26) In order to tackle underreporting in the cases when the victim is a child, safe and child-friendly reporting procedures should be established. This can include questioning by competent authorities in simple and accessible language, paying special attention to child’s vulnerability.
Amendment 415 #
2022/0066(COD)
Proposal for a directive
Recital 27
Recital 27
(27) Delays in processing complaints of violence against women and domestic violence can bear particular risks to victims thereof, given that they might still be in immediate danger given that offenders might often be close family members or spouses. Therefore, treported offences of violence against women or domestic violence should be processed and transferred without delay to the competent authorities for prosecution and investigation. The competent authorities should have the sufficient specialised staff, expertise and effective investigative tools to investigate and prosecute such crimes without undue delay.
Amendment 423 #
2022/0066(COD)
Proposal for a directive
Recital 28
Recital 28
(28) Victims of domestic violence and violence against women are typically in need of immediate protection orand specific support, for example in the case of intimate partner violence, where the rate of recidivism tends to be high. Therefore, an individual assessment to identify the victim’s protection needs should be conducted upon the very first contact of competent authorities with the victim or as soon as suspicion arises that the person is a victim of violence against women or domestic violence. This can be done before a victim has formally reported an offence or proactively if a third party reports the offence.
Amendment 426 #
2022/0066(COD)
Proposal for a directive
Recital 29
Recital 29
(29) When assessing the victim’s protection and support needs, the primary concern should lie in safeguarding the victim’s safety as well as the safety of other potential victims, such as children and other dependants, and providing tailored support, taking into account, among other matters, the individual circumstances of the victim. Such circumstances requiring special attention could include the victim’s pregnancy or the victim’s dependence on or relationship to the offender, victim´s disability or disability of their dependants.
Amendment 438 #
2022/0066(COD)
Proposal for a directive
Recital 30 a (new)
Recital 30 a (new)
(30a) The individual assessment should be updated at regular intervals, especially in the case of changes in custody or rights of access, to ensure the protection measures relate to the victim’s current situation
Amendment 450 #
2022/0066(COD)
Proposal for a directive
Recital 32 a (new)
Recital 32 a (new)
(32a) Relevant authorities and specialised services should ensure the provision of coordinated protection and support measures.
Amendment 451 #
2022/0066(COD)
Proposal for a directive
Recital 32 b (new)
Recital 32 b (new)
(32b) Ensuring the presence of specialised staff within Member States’ law enforcement authorities, prosecutors and judicial authorities is of great importance. The establishment of specialist courts or chambers and the designation of specialised prosecutors on violence against women and domestic violence should be encouraged as another option for Member States to ensure a holistic approach to combat these offences.
Amendment 453 #
2022/0066(COD)
Proposal for a directive
Recital 33
Recital 33
(33) Member States should take the necessary measures to ensure the availability of emergency barring, restraining and protection orders as well as the use of arrest and detention to ensure effective protection of victims and their dependants.
Amendment 460 #
2022/0066(COD)
Proposal for a directive
Recital 35
Recital 35
(35) PRestraining and protection orders may include prohibiting the offender or suspect to access certain localities; to approach the victim or dependant closer than a prescribed distance or to contact them, including through the use of online interfaces and to possess firearms or deadly weapons, where necessary.
Amendment 461 #
2022/0066(COD)
Proposal for a directive
Recital 35 a (new)
Recital 35 a (new)
(35a) Restraining and protection orders should be adopted whenever the situation of risk to the victim makes it advisable, regardless of whether the victim has filed a complaint. Member States should encourage the use of electronic monitoring to ensure the enforcement of restraining and protection orders.
Amendment 465 #
2022/0066(COD)
Proposal for a directive
Recital 36
Recital 36
(36) In order to safeguard the effectiveness of emergency barring, restraining and protection orders, breaches of such orders should be subject to effective, proportionate and dissuasive penalties. Those penalties can be of a criminal law or other legal nature and may include prison sentences, fines or any other legal penalty that is effective, proportionate and dissuasive.
Amendment 472 #
2022/0066(COD)
Proposal for a directive
Recital 38
Recital 38
(38) Given the complexities and gravity of offences of violence against women and domestic violence and specific support needs of victims, Member States should ensure additional support and prevention of such offences is provided by designated specialised national bodies. Given their expertise in matters of discrimination on grounds of sex, national equality bodies, set up in accordance with Directives 2004/113/EC42 , 2006/54/EC43 and 2010/41/EU44 of the European Parliament and of the Council, arcould be well placed to fulfil these tasks. Such bodiespecialised national bodies or other specialised relevant actors should in addition have legal standing to act on behalf or in support of victims of all forms of violence against women or domestic violence in judicial proceedings, including for the application for compensation and removal of online illegal content, with the victims’ approval. This should include the possibility of acting on behalf or in support of several victims together. To enable these bodiespecialised national bodies or other specialised relevant actors to effectively carry out their tasks, Member States should ensure that they are provided with sufficient human and financial resources. _________________ 42 Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services, (OJ L 373, 21.12.2004, p. 37). 43 Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast), (OJ L204, 26.7.2006, p. 23). 44 Directive 2010/41/EU of the European Parliament and of the Council of 7 July 2010 on the applicationof the principle of equal treatment between men and women engaged in an activity in a self-employed capacity and repealing Council Directive 86/613/EEC, (OJ L 180, 15.7.2010, p. 1).
Amendment 482 #
2022/0066(COD)
Proposal for a directive
Recital 39
Recital 39
(39) Certain offences covered by this Directive involve the increased risk of repeated, prolonged or even continuous victimisation. That risk occurs especially in relation to offences involving the making accessible to a multitude ofother end-users, through information and communication technologies, of material, resulting from certain offences of cyber violence, considering the ease and speed with which such material can be distributed on a large scale and the difficulties that often exist when it comes to removing such material. That risk typically remains even after a conviction. Therefore, in order to effectively safeguard the rights of the victims of those offences, Member States should be required to take suitable measures aimed at the removal of the material in question. Considering that removal at the source may not always be feasible, for instance because of legal or practical difficulties relating to the execution or enforcement of an order to remove, Member States should also be allowed to provide for measures to disable access to such material.
Amendment 487 #
2022/0066(COD)
Proposal for a directive
Recital 42
Recital 42
(42) The provisions of this Directive on orders and other measures for the removal and disabling access to relevant material should leave the relevant rules contained in Regulation XX/YYYY [proposed DSA Regulation]2022/2065 unaffected. In particular, those orders should comply with the prohibition of imposing general obligations of monitoring or active fact- finding and with the specific requirements of that Regulation regarding orders to remove illegal content online.
Amendment 489 #
2022/0066(COD)
Proposal for a directive
Recital 44
Recital 44
(44) In order to avoid secondary victimisation, victims should be able to obtain compensation in the course of criminal proceedings. Compensation from the offender should be full and should not be restricted by a fixed upper limit. It should cover all harm and trauma experienced by victims and costs incurred to manage the damages, including among other things costs for healthcare services, including sexual and reproductive and psychological health services, rehabilitation, therapy costs, impact on the victim’s employment situation, loss of earnings, psychological damages, and moral prejudice due to the violation of dignity. The amount of compensation should reflect that victims of domestic violence may have to uproot their lives in order to seek safety, entailing a possible change of employment or finding new schools for children or even creating a new identityVictims suffering psychological harm and trauma, especially with regards to cyberviolence, should also be able to obtain compensation. Compensation for psychological harm and trauma should be independent and never regarded as an “addition” or conditional on compensation for physical harm. The amount of compensation should reflect that victims of domestic violence may have to uproot their lives in order to seek safety, entailing a possible change of employment or finding new schools for children or even creating a new identity. Member States should ensure that when an offender, for any reason, does not abide by the decision to pay compensation to the victim within the agreed timeframe, the State takes over this obligation and takes all appropriate actions to reclaim it from the offender.
Amendment 497 #
2022/0066(COD)
Proposal for a directive
Recital 45
Recital 45
(45) Assistance and support to victims of violence against women and domestic violence should be provided before, during and for an appropriate period after the criminal proceedings have endedafter the offence occurs, for example where medical treatment is still needed to address the severe physical or psychological consequences of the violence, or if the victim’s safety is at risk in particular due to the statements made by the victim in those proceedings.
Amendment 501 #
2022/0066(COD)
Proposal for a directive
Recital 46
Recital 46
(46) Specialised support services should provide support, advice and information on any relevant legal and practical matters as well as referrals to medical forensic examinations and comprehensive healthcare services to victims of all forms of violence against women and domestic violence, including sexual violence, female genital mutilation, forced marriage, forced abortion and sterilisation, sexual harassment and of various forms of cyber violence. All services and assistance should be organised and geographically distributed in such a way as to ensure reasonable distances and capacity for victims, with particular attention to rural and remote areas.
Amendment 506 #
2022/0066(COD)
Proposal for a directive
Recital 46
Recital 46
(46) Specialised support services should provide support to victims of all forms of violence against women and domestic violence, including sexual violence, female and intersex genital mutilation, forced marriage, forced abortion and sterilisation, sexual harassment and of various forms of cyber violence.
Amendment 510 #
2022/0066(COD)
Proposal for a directive
Recital 47
Recital 47
(47) Specialist support should offer victims support tailored to their specific needs, free of charge, available round the clock (24/7), and irrespective of any official complaint. Such services could be provided in addition to, or as an integrated part of, general victim support services, which may call on existing entities providing specialist support. In this regard, cooperation, coordination and a comprehensive support framework, including specific and clear referral pathways across all kinds of support as well as medical services are essential. Specialist support may be provided by national authorities, victims’ support organisations, or other non- governmental organisations. They should be granted sufficient, predictable and sustainable human and financial resources and, where the services are provided by non-governmental organisations, Member States should ensure that they receive appropriate funds, with adequately trained and specialised staff.
Amendment 525 #
2022/0066(COD)
Proposal for a directive
Recital 49
Recital 49
(49) Specialist support services, including shelters and, rape crisis centres, helplines and victims’ advice centres should be considered essential during crises and states of emergency, including during health crises. These services should continue to be offered in these situations, where instances of domestic violence and violence against women tend to surge. Taking stock of the lessons learned of the COVID-19 pandemic, when gender-based violence was considered the “shadow pandemic”, Member States should work towards a specific EU protocol on violence against women in times of crisis and emergency.
Amendment 532 #
2022/0066(COD)
Proposal for a directive
Recital 50
Recital 50
(50) The traumatic nature of sexual violence, including rape, requires a particularly sensitive response by trained and specialised staff. Victims of this type of violence need immediate medical care, comprehensive and long-lasting medical care, including sexual and reproductive healthcare as part of the clinical management of rape, emergency contraception, post-exposure prophylaxis, access to safe and legal abortion, and trauma support combined with immediate forensic examinations to collect the evidence needed for prosecution. Rape crisis centres or sexual violence referral centres should be available in sufficient numbers and adequately spread over the territory of each Member State. Similarly, victims of female genital mutilaWhere a Member State's national law allows a competent health professional, or on some occasions entire medical institutions, whto are often girls, typically are in need of targeted support. Therefore, Member States should ensure they provide dedicated support tailored to these victimfuse to provide sexual and reproductive healthcare on the basis of the so-called conscience clause, which leads to the denial of abortion care on grounds of religion or conscience, Member States should ensure that the ‘conscience’ clause does not put women’s timely access to SRH care at risk, by providing viable, effective and accessible alternative abortion services.
Amendment 536 #
2022/0066(COD)
Proposal for a directive
Recital 50
Recital 50
(50) The traumatic nature of sexual violence, including rape, requires a particularly sensitive response by trained and specialised staff. Victims of this type of violence need immediate medical care and trauma support combined with immediate forensic examinations to collect the evidence needed for prosecution. Rape crisis centres or sexual violence referral centres should be available in sufficient numbers and adequately spread over the territory of each Member State. Similarly, victims of female genital mutilation, who are often girls, as well as victims of intersex genital mutilation typically are in need of targeted support. Therefore, Member States should ensure they provide dedicated support tailored to these victims.
Amendment 539 #
2022/0066(COD)
Proposal for a directive
Recital 50 a (new)
Recital 50 a (new)
(50a) Similarly, victims of female genital mutilation, who are often girls, as well as victims of forced sterilisation typically are in need of targeted support. Therefore, Member States should ensure they provide dedicated support tailored to these victims and that those specialist support services are carried out with the highest standards of privacy, intimacy and confidentiality.
Amendment 540 #
2022/0066(COD)
Proposal for a directive
Recital 50 b (new)
Recital 50 b (new)
(50b) Specialist support services for victims of cyberviolence should be appropriately equipped and easily accessible to offer psychological support, legal counselling and assistance for obtaining judicial orders for removal or disabling access to certain online material, assisting in the communication with relevant online intermediary service providers, including using notice and action mechanisms, and where relevant, assisting in the preservation and documentation of evidence. Cyber- violence is believe to be a more significant problem than what data currently suggest due to underreporting and its normalisation, therefore, it is of the highest importance for Member States to be equipped to be able to offer adequate support services to victims and counter this trend.
Amendment 547 #
2022/0066(COD)
Proposal for a directive
Recital 52
Recital 52
(52) Member States should ensure that national helplines are operated under the EU-harmonised number [116016] and this number is widely advertised as a public numberavailable for the victims of violence against women and domestic violence, free of charge and available round-the-clock. The support provided should include crisis counselling and should be able to refer to face-to-face services, such as shelters, counselling centres or the police. Member States should continue supporting existing specialised helplines on violence against women and domestic violence, run by non-governmental organisations or specialist support services, already playing a key role in counselling as well as supporting, advising and informing victims. Member States should ensure that their national helpline or helplines are connected to the EU harmonised number 116016 and that the end-users are adequately informed of the existence and use of such number. Member States may choose to keep their national helpline number or numbers and link it with the EU harmonised number. Member States shall ensure that national helplines are equipped to provide support also to persons not speaking the national language or languages, including through the option of telephone interpretation.
Amendment 560 #
2022/0066(COD)
Proposal for a directive
Recital 53
Recital 53
(53) Shelters play a vital role in protecting victims from acts of violence. Beyond providing a safe place to stay, shelters should provide the necessary support concerning interlocking problems related to victims’ health, financial situationincluding psychological health, financial situation, support in court proceedings and the well- being of their children, ultimately preparing victims for an autonomous life. Member States should ensure availability of women-only shelters, guaranteeing their sufficient geographical distribution and capacity. Shelters should also be adequately equipped to provide accommodation for victims with children.
Amendment 569 #
2022/0066(COD)
Proposal for a directive
Recital 54 a (new)
Recital 54 a (new)
(54a) Member States should ensure that in the legal process determining custody and rights of access, the relevant competent authorities take into account all incidents of violence against women or domestic violence, including when the child is a witness, as well as any restraining or protection orders issued. Criminal proceedings arising from a complaint about violence against women or domestic violence should be dealt in coordination with separation and custody proceedings to avoid situations where shared custody of the children is ordered and/or visitation rights imposed, endangering the rights and safety of both victims and their children. Risk assessments should also be carried out in the process of determining custody and rights of access of children, including for avoiding cases of vicarious violence.
Amendment 570 #
2022/0066(COD)
Proposal for a directive
Recital 54 b (new)
Recital 54 b (new)
(54b) During legal proceedings in relation to custody or access rights of children of victims of violence against women and domestic violence, courts and professionals should not use the ‘parental alienation syndrome’ or other similar concepts to deny child custody to the mother and grant it to a father accused of domestic violence, disregarding the possible risks for the child. GREVIO has noted that, for example, non-specialist courts have less understanding of the traumatic consequences for children of witnessing violence, often wrongfully attributing the children’s trauma response to ‘parental alienation syndrome’1a. _________________ 1a https://rm.coe.int/prems-055022-gbr- 2574-rapportmultiannuelgrevio-texte- web-16x24/1680a6e183
Amendment 576 #
2022/0066(COD)
Proposal for a directive
Recital 55
Recital 55
(55) In order to ensure the safety of children during possible visits with an offender or suspect who is a holder of parental responsibility with rights of access, Member States should ensure that supervised neutral places, including child protection or welfare offices, are made available so that such visits can take place there in the best interests of the child. If needed, tThe visits should take place in the presence of child protection or welfare officials. Where it is necessary to provide for interim accommodation, children should as a priority be accommodated together with the holder of parental responsibility who is not the offender or suspect, such as the child’s mother. The best interest of the child should be always taken into accouprevail over a request of shared custody or rights of access of the violent parent.
Amendment 589 #
2022/0066(COD)
Proposal for a directive
Recital 56
Recital 56
(56) Victims with specific needs and groups at risk of violence against women or domestic violence, such as women with disabilities, women with dependant residence status or permit, undocumented migrant women, women applicants for international protection, women fleeing armed conflict, women affected by homelessness, with no or low income, with a minority racial or ethnic background, living in rural areas, women sex workers, sexual or gender-identity minorities, detainees, or older women, should receive specific protection and support.
Amendment 593 #
2022/0066(COD)
Proposal for a directive
Recital 56
Recital 56
(56) Victims with specific needs and groups at risk of violence against women or domestic violence, such as women with disabilities, women with dependant residence status or permit, undocumented migrant women, women applicants for international protection, women fleeing armed conflict, women affected by homelessness, with a minority racial or ethnic background, living in rural areas, women sex workers, detainees, or older women, or LGBTIQ people, should receive specific protection and support.
Amendment 600 #
2022/0066(COD)
Proposal for a directive
Recital 58
Recital 58
(58) Member States should ensure that preventive measures, such as awareness- raising campaigns, are taken to counter violence against women and domestic violence. P are based on a three- pronged approach including primary, secondary as well as tertiary prevention, and ensure their adequate coordination. Primary preventive measures should aim to prevent violence from ever occurring, including through awareness-raising campaigns. Primary prevention should also take place in both in and outside formal education, in particular, through strengthening sexage-appropriate comprehensive sexuality and relationship education, equality education and socio- emotional competencies, empathy and developing healthy and respectful relationships. Secondary preventive measures shall be aimed at early detection of violence and prevention of its progression or escalation while tertiary prevention shall be focused on prevention of reoffending and revictimisation.
Amendment 621 #
2022/0066(COD)
Proposal for a directive
Recital 60
Recital 60
(60) In order to ensure victims of violence against women and domestic violence are identified and receive appropriate support, Member States should ensure that professionals likely to come into contact with victims receive adequate and tailored training and targeted information. Trainings should cover the risk and prevention of intimidation, repeat and secondary victimisation and the availability of protection and support measures for victims. Specific attention should be given to specialised training of competent authorities entering in contact with the victims, especially with the aim of facilitating the reporting of such offences and enabling swift and appropriate follow-up actions. Trainings should also cover elements on gender equality and discrimination, including intersectional discrimination, as well as prevention and identification of sexual harassment of the most marginalised groups, who are often the less believed when reporting, such as women with disabilities. To prevent and appropriately address instances of sexual harassment at work, persons with supervisory functions should also receive training. These trainings should also cover assessments regarding sexual harassment at work and associated psychosocial safety and health risks as referred to under Directive 89/391/EEC of the European Parliament and of the Council45 . Training activities should also cover the risk of third party violence. Third party violence refers to violence which staff may suffer at the workplace, not at the hands of a co-worker, and includes cases, such as nurses sexually harassed by a patient. Training materials and activities should be regularly reviewed in consultation with victims, specialist services and other relevant actors. _________________ 45 Council Directive 89/391/EEC of the European Parliament and of the Council of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (OJ L 183, 29.6.1989, p. 1).
Amendment 629 #
2022/0066(COD)
Proposal for a directive
Recital 61
Recital 61
(61) In order to counteract underreporting, Member States should also liaise with law enforcement and judicial authorities in the development of trainings in particular regarding harmful gender stereotypes, but also in the prevention of offences, given their typical close contact with groups at risk of violence and victims. Specific guidelines for law enforcement and judicial authorities concerning the proceedings in cases of violence against women and domestic violence should also be developed by Member States.
Amendment 640 #
2022/0066(COD)
Proposal for a directive
Recital 62
Recital 62
(62) Intervention programmes should be set up, with trained and skilled professionals, in close cooperation with specialist support services for victims, to prevent and minimise the risk of (repeated) offences of violence against women or domestic violence. The programmes should specifically aim at teaching offenders or those at risk of offending how to adopt non-violent behaviour in interpersonal relationships and how to counter violent behavioural patterns. Programmes should encourage offenders to take responsibility for their actions and examine their attitudes and beliefs towards women.
Amendment 642 #
2022/0066(COD)
Proposal for a directive
Recital 62 a (new)
Recital 62 a (new)
(62a) The commitment of Member States in preventing and combatting violence against women and domestic violence should be shown by the development of national strategies in this regard. All Member States should have national strategies on preventing and combatting violence against women and domestic violence. These strategies should lay down their priorities, roles and coordination between competent authorities, specialist support services and civil society, coordination between criminal and civil proceedings in this area, among other topics. National strategies should be reviewed and updated regularly.
Amendment 643 #
2022/0066(COD)
Proposal for a directive
Recital 62 b (new)
Recital 62 b (new)
(62b) All measures included in this Directive need to be accompanied by sufficient, predictable and sustainable funding. This is especially important to ensure that national authorities and specialised support service providers, including non-governmental women´s specialist services, have sufficient funding and human, technical and technological resources for the effective and comprehensive implementation of this Directive.
Amendment 655 #
2022/0066(COD)
Proposal for a directive
Recital 65
Recital 65
(65) Member States should ensure that the data collected are limited to what is strictly necessary in relation to supporting thefor monitoring of the prevalence and trends of violence against women and domestic violence, as well as the adequacy of responses and efficiency of law enforcement processes in this regard, and design new policy strategies in this field. When sharing the data collected, no personal data should be included. Publishing on a regular basis and making available in an accessible manner national data in relation to violence against women and domestic violence is of outmost importance.
Amendment 665 #
2022/0066(COD)
Proposal for a directive
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) the definition of criminal offences and penalties in the areas of sexual exploitation ofviolence against women and children, trafficking, and computer crime;
Amendment 669 #
2022/0066(COD)
Proposal for a directive
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) the rights of victims of all forms of violence against women or domestic violence before, during or after criminal proceedingthe offence occurs;
Amendment 673 #
2022/0066(COD)
Proposal for a directive
Article 1 – paragraph 1 – point c
Article 1 – paragraph 1 – point c
(c) victims’ protection and, victims’ support. and prevention and early intervention;
Amendment 679 #
2022/0066(COD)
(ca) statistical data collection.
Amendment 686 #
2022/0066(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. When implementing the measures under this Directive, Member States shall take into consideration the increased risk of violence faced by victims experiencing discrimination based on a combination of sex and other grounds, such as those referred to in Article 35(1), so as to cater to their enhanced protection and support needs, as set out in Article 18(4), Article 27(5) and Article 37(7).
Amendment 698 #
2022/0066(COD)
Proposal for a directive
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) “violence against women” is understood as a violation of human rights and a form of discrimination against women and means gender-based violence, that is directed against a woman or a girl because she is a woman or a girl or that affects women or girls disproportionately, including all acts of such violence that result in, or are likely to result in, physical, sexual, psychological or economic harm or suffering, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life;
Amendment 714 #
2022/0066(COD)
Proposal for a directive
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) “domestic violence” means all acts of violence that result in, or are likely to result in, physical, sexual, psychological or economic harm or suffering,violence that occur within the family or domestic unit, irrespective of biological or legal family ties, or between former or current spouses or partners, whether or not the offender shares or has shared a residence with the victim;
Amendment 734 #
2022/0066(COD)
Proposal for a directive
Article 4 – paragraph 1 – point f
Article 4 – paragraph 1 – point f
(f) “providers of intermediary services” means providers of the intermediary services as defined in Article 23 point (fg) of Regulation (EU) YYYY/XXX2022/2065 of the European Parliament and of the Council51 [Regulation on a Single Market for Digital Services]; _________________ 51 Regulation (EU) YYYY/XXX of the European Parliament and of the Council on a Single Market for Digital Services (OJ L …).
Amendment 759 #
2022/0066(COD)
Proposal for a directive
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) engaging with a woman in any non- consensual act of vaginal, anal or oral penetration of a sexual nature, with any bodily part or object;, or engaging in any other non-consensual act of a sexual nature that is, in view of the gravity of the act, comparable to penetration.
Amendment 763 #
2022/0066(COD)
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) causing a woman to engage with another person in any non-consensual act of vaginal, anal or oral penetration of a sexual nature, with any bodily part or object, or engaging in any other non- consensual act of a sexual nature that is, in view of the gravity of the act, comparable to penetration.
Amendment 772 #
2022/0066(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States shall ensure that a non-consensual act is understood as an act which is performed without the woman’s explicit consent given voluntarily or where the woman is unable to form and express a free will due to her physical or mental condition, thereby exploiting her incapacity to form and express a free will, such as in a state of unconsciousness, intoxication, sleep, illness, bodily injury or disability.
Amendment 777 #
2022/0066(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Consent can be withdrawn at any moment during the act. The absence of consent cannot be refuted exclusively by the woman’s silence, verbal or physical non-resistance or past sexual conduct, or existing or past relationship with the offender, including marital or any other partnership status. Consent shall be given for each separate act.
Amendment 802 #
2022/0066(COD)
Proposal for a directive
Article 6 a (new)
Article 6 a (new)
Article 6 a Forced sterilisation 1. Member States shall ensure that the following intentional conduct is punishable as a criminal offence: (a) performing surgery which has the purpose or effect of terminating a woman’s or girl´s capacity to naturally reproduce without her prior and informed consent or understanding of the procedure; (b) coercing or procuring a woman or a girl to undergo the acts referred to in point (a). 2. Member States shall ensure that the prior and informed consent of the woman to undergo the procedure referred to in point (a) cannot be substituted by the consent of a legal guardian.
Amendment 811 #
2022/0066(COD)
Proposal for a directive
Article 6 b (new)
Article 6 b (new)
Article 6 b Forced prostitution Member States shall ensure that the following conduct is punishable as a criminal offence: a) causing a woman to involuntarily offer and/ or provide sexual services against any form of remuneration for the profit of a third party.
Amendment 813 #
2022/0066(COD)
Proposal for a directive
Article 6 c (new)
Article 6 c (new)
Article 6 c Denial of safe and legal abortion Member States shall ensure that the following conduct is punishable as a criminal offence: a) denial by health institutions to provide health services related to sexual and reproductive health of patients, including safe and legal abortion and/or post- abortion care, putting the patient´s physical integrity, reproductive health or life at risk.
Amendment 820 #
2022/0066(COD)
Proposal for a directive
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) maksharing intimate images, or videos or other material depicting nudity or sexual activities, of another person without that person’s consent accessible to a multitude of end-users, either on a public platform or in private communications, by means of information and communication technologies;
Amendment 824 #
2022/0066(COD)
Proposal for a directive
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) making intimate images, or videos or other material depicting sexual activitiesterial or material of sexual nature, of another person without that person’s consent accessible to a multitude ofother end-users by means of information and communication technologies;
Amendment 832 #
2022/0066(COD)
Proposal for a directive
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) producing or manipulating and subsequently making accessible to a multitude of end-usersharing, either on a public platform or in private communications, by means of information and communication technologies, images, videos or other material, making it appear as though another person is naked or engaged in sexual activities, without that person’s consent;
Amendment 836 #
2022/0066(COD)
Proposal for a directive
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) producing or manipulating and subsequently making accessible to a multitude ofother end-users, by means of information and communication technologies, images, videos or other materialntimate material or material of sexual nature, making it appear as though another person is engaged in sexual activitiesin it, without that person’s consent;
Amendment 839 #
2022/0066(COD)
Proposal for a directive
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) threatening to engage in the conduct referred to in points (a) and (b) in order to coerce another person to do, acquiesce or refrain from a certain act.
Amendment 842 #
2022/0066(COD)
Proposal for a directive
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) threatening to engage in the conduct referred to in points (a) and (b) in order to coerce another person to do, acquiesce or refrain from a certain act or to cause direct harm or distress.
Amendment 844 #
2022/0066(COD)
Proposal for a directive
Article 7 – paragraph 1 – point c a (new)
Article 7 – paragraph 1 – point c a (new)
Amendment 854 #
2022/0066(COD)
Proposal for a directive
Article 8 – paragraph 1 – point c
Article 8 – paragraph 1 – point c
Amendment 862 #
2022/0066(COD)
Proposal for a directive
Article 8 a (new)
Article 8 a (new)
Amendment 871 #
2022/0066(COD)
Proposal for a directive
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) initiating an attack with third parties directed at another person, by making threatening or insulting material accessible to a multitude ofother end- users, by means of information and communication technologies, with the effect of causing significant psychological harm to the attacked person;
Amendment 876 #
2022/0066(COD)
Proposal for a directive
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) participating with third parties in attacks referred to in point (a).
Amendment 877 #
2022/0066(COD)
Proposal for a directive
Article 9 – paragraph 1 – point b a (new)
Article 9 – paragraph 1 – point b a (new)
(b a) repeatedly sending threatening or insulting material or messages to another person in private communications, with the effect of causing psychological harm to the attacked person;
Amendment 879 #
2022/0066(COD)
Proposal for a directive
Article 9 – paragraph 1 – point b a (new)
Article 9 – paragraph 1 – point b a (new)
(b a) sending images of nudity or of a sexual nature to another person without that persons' prior consent.
Amendment 888 #
2022/0066(COD)
Proposal for a directive
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
In order to assess whether a conduct referred to in paragraph 1 qualifies as incitement to violence or hatred, Member States shall encourage the use of the following criteria: the social and political context of the message, status of the speaker, content and form of the speech act as well as the likelihood of harm, including imminence.
Amendment 893 #
2022/0066(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall ensure that inciting and aiding and abetting the commission of any of the criminal offences referred to in Articles 5 to 910 are punishable as criminal offences.
Amendment 896 #
2022/0066(COD)
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Member States shall ensure that an attempt to commit any of the criminal offences referred to in Articles 5 and 6, 6a and 6b is punishable as a criminal offence.
Amendment 901 #
2022/0066(COD)
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Member States shall ensure that the criminal offence referred to in Article 5 is punishable by a maximum penalty of at least 810 years of imprisonment and at least 105 years of imprisonment if the offence was committed under aggravating circumstances referred to in Article 13.
Amendment 903 #
2022/0066(COD)
Proposal for a directive
Article 12 – paragraph 3
Article 12 – paragraph 3
3. Member States shall ensure that an offender of the criminal offence referred to in Article 5, who has previously been convicted of offences of the same nature,s under the scope of this directive mandatorily participates in an intervention programme referred to in Article 38.
Amendment 913 #
2022/0066(COD)
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
4. Member States shall ensure that the criminal offence referred to in Article 6 and 6a is punishable by a maximum penalty of at least 5 years of imprisonment and at least 710 years of imprisonment if the offence was committed under aggravating circumstances referred to in Article 13.
Amendment 915 #
2022/0066(COD)
Proposal for a directive
Article 12 – paragraph 4 a (new)
Article 12 – paragraph 4 a (new)
4 a. Member States shall ensure that the criminal offence referred to in Article 6b is punishable by a maximum penalty of at least 6 years of imprisonment and at least 8 years of imprisonment if the offence was committed under aggravating circumstances referred to in Article 13.
Amendment 916 #
2022/0066(COD)
Proposal for a directive
Article 12 – paragraph 4 b (new)
Article 12 – paragraph 4 b (new)
4 b. Member States shall ensure that the criminal offence referred to in Article 6c is punishable by a maximum penalty of at least 6 years of imprisonment and at least 10 years of imprisonment if the offence was committed under aggravating circumstances referred to in Article 13.
Amendment 918 #
2022/0066(COD)
Proposal for a directive
Article 12 – paragraph 5
Article 12 – paragraph 5
5. Member States shall ensure that the criminal offences referred to in Articles 87, 8, 8a, 9 and 10 are punishable by a maximum penalty of at least 2 years of imprisonment.
Amendment 920 #
2022/0066(COD)
Proposal for a directive
Article 12 – paragraph 6
Article 12 – paragraph 6
Amendment 928 #
2022/0066(COD)
Proposal for a directive
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) the offence was committed against a person made vulnerable by particular circumstances, such as a situation of dependence, including with reference to residence status, or a state of physical, mental, intellectual or sensory disability, or living in institutional care facilities, including retirement homes, children´s homes, reception centres for migrants or asylum seekers and detention facilities;
Amendment 936 #
2022/0066(COD)
Proposal for a directive
Article 13 – paragraph 1 – point g
Article 13 – paragraph 1 – point g
(g) the offence was committed with the use or threat of using a weapon; against the victim or their relatives or persons in close relationship with the victim;
Amendment 938 #
2022/0066(COD)
Proposal for a directive
Article 13 – paragraph 1 – point h
Article 13 – paragraph 1 – point h
(h) the offence was committed with the use of force or threats to use force, including against the victim´s relatives or persons in close relationship with the victim, or coercion;
Amendment 945 #
2022/0066(COD)
Proposal for a directive
Article 13 – paragraph 1 – point k
Article 13 – paragraph 1 – point k
(k) the offence was committed against a former or current spouse or partnerintimate partner or cohabitant;
Amendment 972 #
2022/0066(COD)
Proposal for a directive
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Member States shall take the necessary measures to provide for a limitation period for criminal offences referred to in Article 6, 6a, 6b and 6c of at least 10 years from the time when the offence was committed.
Amendment 976 #
2022/0066(COD)
Proposal for a directive
Article 15 – paragraph 4
Article 15 – paragraph 4
4. Member States shall take the necessary measures to provide for a limitation period for criminal offences referred to in Articles 7, 8, 8a, 9 and 910 of at least 57 years after the criminal offence has ceased or the victim has become aware of it.
Amendment 977 #
2022/0066(COD)
Proposal for a directive
Article 15 – paragraph 5
Article 15 – paragraph 5
Amendment 987 #
2022/0066(COD)
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. In addition to the rights of victims when making a complaint under Article 5 of Directive 2012/29/EU, Member States shall ensure that all victims, including those referred to in Article 35(1), can report criminal offences of violence against women or domestic violence to the competent authorities in an easy, safe and accessible manner. This shall include the possibility of reporting criminal offences online or through other accessible and secure information and communication technologies, including the possibility to submit evidence, in particular concerning reporting of criminal offences of cyber violence.
Amendment 1006 #
2022/0066(COD)
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
3. Member States shall ensure that the confidentiality rules imposed by national law on relevant professionals, such as healthcare and education professionals, do not constitute an obstacle to their reporting to the competent authorities if they have reasonable grounds to believe that there is an imminent risk that serious physical harm will be inflicted on a person due to their being subject to any of the offences covered under this Directive. If the victim is a child, the relevant professionals shall be able to report to the competent authorities if they have reasonable grounds to believe that a seriousn act of violence covered under this Directive has been committed or further serious acts of violence are to be expected.
Amendment 1009 #
2022/0066(COD)
Proposal for a directive
Article 16 – paragraph 3 a (new)
Article 16 – paragraph 3 a (new)
3 a. Member States shall ensure that an adequate individual assessment of the victim´s risk and protection and support needs is carried out to ensure the safety of the victim and their dependants.
Amendment 1018 #
2022/0066(COD)
Proposal for a directive
Article 16 – paragraph 5
Article 16 – paragraph 5
5. Member States shall ensure that the competent authorities coming in contact with a victim reporting offences of violence against women or domestic violence are prohibited from transferring personal data pertaining to the residence status of the victim to competent migration authorities, at least until completion of the first individual assessment referred to in Article 18.
Amendment 1026 #
2022/0066(COD)
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Member States shall ensure that persons, units or services investigating and prosecuting violence against women or domestic violence have sufficient resources, expertise and effective investigative tools to effectively investigate and prosecute such crimes, especially to gather, analyse and secure electronic evidence in cases of cyber violence.
Amendment 1029 #
2022/0066(COD)
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Member States shall ensure that reported offences of violence against women or domestic violence are processed and transferred without delay to the competent authorities for the adoption of prostecution and investigameasures for the victim, investigation and prosecution.
Amendment 1031 #
2022/0066(COD)
Proposal for a directive
Article 17 – paragraph 3
Article 17 – paragraph 3
3. The competent authorities shall promptly and effectively record and investigate allegations of violence against women or domestic violence and ensure that an official complaint is filed in all casesinternal system in all cases, even when the victim does not wish to bring criminal charges at that point in time.
Amendment 1039 #
2022/0066(COD)
Proposal for a directive
Article 17 – paragraph 4
Article 17 – paragraph 4
4. The competent authorities shall promptly refer victims to relevant health care professionals or specialist support services referred to in Articles 27, 28, 29 and 29a to assist in securing evidence, in particular in cases of sexual violence, w. Where the victim does not wishes to bring charges and make use of such services. immediately, they shall be provided with all relevant information on the options of securing and storing evidence for an eventual future criminal proceedings.
Amendment 1046 #
2022/0066(COD)
Proposal for a directive
Article 17 – paragraph 5
Article 17 – paragraph 5
5. Investigations into or prosecution of offences referred to in Articles 5 to 10 shall not be dependent on reporting or accusation by a victim or by their representative, and c. Criminal proceedings related to offences referred to in Articles 5, 6, 6a shall continue even if the report or accusation has been withdrawn.
Amendment 1048 #
2022/0066(COD)
Proposal for a directive
Article 17 – paragraph 5 a (new)
Article 17 – paragraph 5 a (new)
5 a. Member State shall take all necessary legal and other measures to ensure that victims may testify in the courtroom without being present or at least without the presence of the alleged offender, notably through the use of appropriate communication technologies.
Amendment 1050 #
2022/0066(COD)
Proposal for a directive
Article 17 – paragraph 5 b (new)
Article 17 – paragraph 5 b (new)
5 b. Member States shall designate, train and provide resources for a sufficient number of specialised staff within its law enforcement authorities, prosecutors, and judicial authorities. Member States shall consider establishing dedicated units within law enforcement authorities, designating specialised prosecutors as well as creating specialist courts or chambers on violence against women and domestic violence, with jurisdiction over both civil and criminal procedures to allow a holistic approach to combat such offences.
Amendment 1051 #
2022/0066(COD)
Proposal for a directive
Article 17 – paragraph 5 c (new)
Article 17 – paragraph 5 c (new)
5 c. Member States shall ensure that the investigation of the offences referred to in Articles 7 to 10 is carried out diligently in order to prevent inadequate investigation from effectively prosecuting such offences and increasing impunity.
Amendment 1052 #
2022/0066(COD)
Proposal for a directive
Article 17 a (new)
Article 17 a (new)
Article 17 a Prohibition of mandatory alternative dispute resolution Member States shall take the necessary legislative or other measures to prohibit mandatory alternative dispute resolution processes in relation to all forms of violence against women and domestic violence covered by the scope of this Directive.
Amendment 1059 #
2022/0066(COD)
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. This individual assessment shall be initiated immediately upon the first contact of the victim with the competent authorities. The competent judicial authorities shall verify at the latest at the initiation of criminal proceedings whether an assessment has been conducted. If this has not been the case, they shall promptly remedy the situation by undertaking an assessment as soon as possibleimmediately.
Amendment 1062 #
2022/0066(COD)
Proposal for a directive
Article 18 – paragraph 3
Article 18 – paragraph 3
3. The individual assessment shall focus on the risk emanating from the offender or suspect, including the risk of repeated violence, lethality risk, the risk of bodily or psychological harm, the use of weapons, the offender or suspect living with the victim, an offender or suspect’s drug or alcohol misuse, child abuse, mental health issues or behaviour of stalking, or the withdrawal of complaints, the resumption of cohabitation and the victim's resignation on the protection measures granted.
Amendment 1065 #
2022/0066(COD)
Proposal for a directive
Article 18 – paragraph 4
Article 18 – paragraph 4
4. The assessment shall take into account the victim’s individual circumstances, including whether they experience discrimination based on a combination of sex and other grounds and therefor whether they have specific needs ore face a heightened risk of violence, such as the cases referred to in Article 35(1), as well as the victim’s own account and assessment of the situation. It shall be conducted in the best interest of the victim, as well as their dependants, and paying special attention to the need to avoid secondary or repeated victimisation. The individual assesment shall also take into consideration the financial, legal, emotional, social, physical and psychological impact on the victim.
Amendment 1073 #
2022/0066(COD)
Proposal for a directive
Article 18 – paragraph 5 – point b
Article 18 – paragraph 5 – point b
(b) the granting of emergency barring and restraining or protection orders and the use of arrest and detention pursuant to Article 21 of this Directive;
Amendment 1087 #
2022/0066(COD)
Proposal for a directive
Article 18 – paragraph 7
Article 18 – paragraph 7
7. Competent authorities shall update the individual assessment at regular intervals, especially in the case of changes in custody or rights of access, to ensure the protection measures relate to the victim’s current situation. This shall include an assessment of whether protection measures, in particular under Article 21, need to be adapted or taken.
Amendment 1092 #
2022/0066(COD)
Proposal for a directive
Article 18 – paragraph 8 a (new)
Article 18 – paragraph 8 a (new)
8a. Relevant authorities and specialised services shall ensure the provision of coordinated protection and support measures.
Amendment 1094 #
2022/0066(COD)
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Member States shall ensure that, taking into account the individual assessment referred to in Article 18, the competent authorities together with specialist support services, including women’s specialist services, assess the victim’s and their dependant’s individual needs for support at regular intervals as provided for under Chapter 4.
Amendment 1096 #
2022/0066(COD)
Proposal for a directive
Article 19 – paragraph 2
Article 19 – paragraph 2
2. Article 18(4), (6) and (7) shall apply to the individual assessment of support needs under paragraph 1 of this Article.
Amendment 1098 #
Amendment 1103 #
2022/0066(COD)
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
1. If the assessments referred to in Articles 18 and 19 have identified specific support or protection needs or if the victim requests support, Member States shall ensure that specialist support services contact victims to offer support immediately, with the victim´s knowledge and considering the risks identified in the individual assessment.
Amendment 1116 #
2022/0066(COD)
Proposal for a directive
Article 20 – paragraph 3
Article 20 – paragraph 3
3. Where needed, they shall be able to refer child victims, including witnesses, to specialist support services without the prior consent of the violent holder of parental responsibility. In this case, the protection and support needs of the non-violent parent and their dependants shall be assessed and ensured in parallel.
Amendment 1123 #
2022/0066(COD)
Proposal for a directive
Article 21 – title
Article 21 – title
Emergency barring, restraining and protection orders, arrest and detention
Amendment 1130 #
2022/0066(COD)
Proposal for a directive
Article 21 – paragraph 2
Article 21 – paragraph 2
2. Member States shall ensure that the competent authorities can issue restraining or protection orders to provide long-term protection for victims or their dependants against any acts of violence covered by this Directive, including by prohibiting or restraining certain dangerous behaviour of the offender or suspect. Restraining and protection orders shall be adopted whenever the situation of risk to the victim makes it advisable, regardless of whether the victim has filed a complaint.
Amendment 1136 #
2022/0066(COD)
Proposal for a directive
Article 21 – paragraph 2 a (new)
Article 21 – paragraph 2 a (new)
2a. Member States shall encourage the use of electronic monitoring to ensure the enforcement of measures referred to in paragraph 1 and 2, including during pre-trial periods.
Amendment 1137 #
2022/0066(COD)
Proposal for a directive
Article 21 – paragraph 2 b (new)
Article 21 – paragraph 2 b (new)
2b. Member States shall ensure that the competent authorities use arrest and detention of the offender or suspect without delay in situations of immediate danger for the victim or their dependants, for the purposes of preserving evidence or considering the results of the risk assessment.
Amendment 1140 #
2022/0066(COD)
Proposal for a directive
Article 21 – paragraph 2 c (new)
Article 21 – paragraph 2 c (new)
2c. Member States shall ensure that the shared custody or the rights of access of the suspect violent parent are suspended during the duration of protection measures referred to in this Article.
Amendment 1143 #
2022/0066(COD)
Proposal for a directive
Article 21 – paragraph 3
Article 21 – paragraph 3
3. Member States shall ensure that the competent authorities inform victims of the possibility to apply for emergency barring and restraining or protection orders, as well as the possibility to seek cross-border recognition of protection orders pursuant to Directive 2011/99/EU or Regulation (EU) No 606/2013. Member States shall ensure the effective cross-border recognition of protection orders in a consistent manner.
Amendment 1153 #
2022/0066(COD)
Proposal for a directive
Article 23 – title
Article 23 – title
Guidelines and training for law enforcement and judicial authorities
Amendment 1162 #
2022/0066(COD)
(b) how to conduct the individual assessment under Articles 18 and 19, including the instances and periodicity of its update;
Amendment 1164 #
2022/0066(COD)
Proposal for a directive
Article 23 – paragraph 1 – point b a (new)
Article 23 – paragraph 1 – point b a (new)
(ba) how to ensure an efficient and proper assessment and application of the emergency barring, restraining and protection orders referred to in Article 21;
Amendment 1184 #
2022/0066(COD)
Proposal for a directive
Article 23 – paragraph 1 – point g
Article 23 – paragraph 1 – point g
(g) how to refer victims to specialist support services, to ensure the appropriate treatment of victims and handling of cases of violence against women or domestic violence.
Amendment 1186 #
2022/0066(COD)
Proposal for a directive
Article 23 – paragraph 1 – point g a (new)
Article 23 – paragraph 1 – point g a (new)
(ga) how to swiftly coordinate different legal proceedings linked to the case of violence against women or domestic violence, especially with regards to the proceedings on custody and rights of access of children.
Amendment 1191 #
2022/0066(COD)
Proposal for a directive
Article 23 – paragraph 1 a (new)
Article 23 – paragraph 1 a (new)
The guidelines shall be elaborated and reviewed and, where necessary updated, on a regular basis, in light of their practical application, in consultation and cooperation with women´s specialist services, victim protection centres, healthcare professionals and other relevant actors.
Amendment 1194 #
2022/0066(COD)
Proposal for a directive
Article 23 – paragraph 1 b (new)
Article 23 – paragraph 1 b (new)
Member States shall ensure that all competent authorities acting in criminal proceedings, including prosecutorial and judicial authorities, are properly and regularly trained in line with the guidelines referred to in paragraph 1, in cooperation with women´s specialist services, victim protection centres, healthcare professionals and other relevant actors.
Amendment 1195 #
2022/0066(COD)
Proposal for a directive
Article 24 – title
Article 24 – title
Role of specialised national bodies, other specialised relevant actors and equality bodies
Amendment 1197 #
2022/0066(COD)
Proposal for a directive
Article 24 – paragraph 1 – subparagraph 1 – introductory part
Article 24 – paragraph 1 – subparagraph 1 – introductory part
Member States shall designate and make the necessary arrangement for a body or bodies or other specialised relevant actors to carry out the following tasks:
Amendment 1201 #
2022/0066(COD)
Proposal for a directive
Article 24 – paragraph 1 – subparagraph 1 – point c
Article 24 – paragraph 1 – subparagraph 1 – point c
(c) provide support with data collection and exchange available information with corresponding European bodies such as the European Institute for Gender Equality.
Amendment 1204 #
2022/0066(COD)
Proposal for a directive
Article 24 – paragraph 1 – subparagraph 1 – point c a (new)
Article 24 – paragraph 1 – subparagraph 1 – point c a (new)
(ca) provide training to relevant competent authorities;
Amendment 1205 #
2022/0066(COD)
Proposal for a directive
Article 24 – paragraph 1 – subparagraph 1 – point c b (new)
Article 24 – paragraph 1 – subparagraph 1 – point c b (new)
(cb) monitoring of the transposition of this Directive.
Amendment 1207 #
2022/0066(COD)
2. Member States shall ensure that the bodies or other specialised relevant actors referred to in paragraph 1 can act on behalf or in support of one or several victims of violence against women or domestic violence in judicial proceedings, including for the application for compensation referred to in Article 26 and removal of online content referred to in Article 25, with the victims’ approval.
Amendment 1212 #
2022/0066(COD)
Proposal for a directive
Article 25 – paragraph 1
Article 25 – paragraph 1
1. Member States shall take the necessary measures to ensure the prompt removal of material referred to in Article 7, points (a) and (b), Article 8a, Articles 9, points (c),a) and Articles 9(b) and 10. Those measures shall include the possibility for their competent judicial authorities to issue, upon application by the victim, binding legal orders to remove or disable access to such material addressed to relevant providers of intermediary services.
Amendment 1213 #
2022/0066(COD)
Proposal for a directive
Article 25 – paragraph 2 – introductory part
Article 25 – paragraph 2 – introductory part
2. Member States shall ensure that orders referred to in paragraph 1 can be issued in interim proceedings, even prior to the termination of any criminal proceedings regarding the offences referred to in Article 7, points (a) and (b), Article 8, point (c), Article 9a, Article 9, point (a) and (b) or Article 10 where the judicial authority seized considers that:
Amendment 1214 #
2022/0066(COD)
Proposal for a directive
Article 25 – paragraph 2 – point a
Article 25 – paragraph 2 – point a
(a) it has been presented with sufficient evidence to justify the conclusion that the conduct referred to in Article 7, points (a) and (b), Article 8, point (c), Article 9a, Article 9, point (a) and (b) or Article 10 likely took place in respect of the applicant and that the material that is the object of the application constitutes material as referred to in those articles;
Amendment 1217 #
2022/0066(COD)
Proposal for a directive
Article 25 – paragraph 3
Article 25 – paragraph 3
3. Member States shall ensure that orders referred to in paragraph 1 and 2 are valid for an appropriate time period not exceeding one year, subject to renewal for an additional appropriate time period, upon application by the victim, where the judicial authority seized considers that the conditions of paragraph 2 continue to be met. Member States shall ensure that, where criminal proceedings regarding the offences referred to in Article 7, point (a), (b), Article 8a, Article 9, point (a) and (b) or Article 10 conclude with a finding that such an offence has been committed, the orders referred to in paragraphs 1 and 2 become permanent. However, Member States shall ensure that, where criminal proceedings regarding the offences referred to in Article 7, point (a) and (b), Article 8, point (c), Article 9a, Article 9, point (a) and (b) or Article 10 are terminated without leading to the finding of such an offence having been committed, the orders are invalidated and the provider of intermediary services concerned is informed thereof.
Amendment 1221 #
2022/0066(COD)
Proposal for a directive
Article 25 – paragraph 5
Article 25 – paragraph 5
5. Member States shall ensure that the end-users of the relevant services are who made the material subject to judicial order available online is informed, where appropriate by the intermediary service providers concerned, of the reasons for the removal of or disabling access to the material pursuant to the orders or other measures referred to in paragraphs 1 and 2 and that those end- users haves access to judicial redress.
Amendment 1223 #
2022/0066(COD)
Proposal for a directive
Article 25 – paragraph 6
Article 25 – paragraph 6
6. Member States shall ensure that evidence is obtained and secured without undue delay after the offence is reported. Member States shall take all necessary measures to ensure that the removal of or disabling access to the material pursuant to the orders or other measures referred to in paragraphs 1 and 2 does not prevent the competent authorities from obtaining or securing the evidence necessary for the investigation and prosecution of the offences referred to in Article7, points (a) and (b), Article 8, point (c), Article 9a, Article 9, point (a) and (b) or Article 10.
Amendment 1228 #
2022/0066(COD)
Proposal for a directive
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Member States shall ensure that all victims have the right to claim full compensation from offenders for damages resulting from all forms of violence against women or domestic violence. Member States shall ensure that when an offender, for any reason, does not abide by the decision to pay compensation to the victim within the agreed timeframe, the State takes over this obligation and takes all appropriate actions to reclaim it from the offender.
Amendment 1234 #
2022/0066(COD)
Proposal for a directive
Article 26 – paragraph 4
Article 26 – paragraph 4
4. The damage shall include costs for healthcare services, including sexual and reproductive and psychological health services, support services, rehabilitation, loss of income and other reasonable costs that have arisen as a result of the offence or to manage its consequences. The amount of the damages awarded shall also compensate for physical and/or psychological harm, social harm and moral prejudice.
Amendment 1237 #
2022/0066(COD)
Proposal for a directive
Article 26 – paragraph 5 – subparagraph 1
Article 26 – paragraph 5 – subparagraph 1
The limitation periods for bringing a claim for compensation shall be no less than 5 years from the time the offence has taken placethose for enabling the investigation, prosecution, trial and judicial decision for the respective offences, as referred to in Article 15.
Amendment 1239 #
2022/0066(COD)
Proposal for a directive
Article 26 – paragraph 5 – subparagraph 2
Article 26 – paragraph 5 – subparagraph 2
Amendment 1241 #
2022/0066(COD)
Proposal for a directive
Article 26 – paragraph 5 – subparagraph 3
Article 26 – paragraph 5 – subparagraph 3
The limitation period for bringing a claim for compensation of criminal offences referred to in Article 7, 8, 8a, 9 and 10 shall commence with the victim’s knowledge of the offence.
Amendment 1246 #
2022/0066(COD)
Proposal for a directive
Article 27 – paragraph 1 – introductory part
Article 27 – paragraph 1 – introductory part
1. Member States shall ensure that specialist support services referred to in Article 9(3) of Directive 2012/29/EU are available for all victims of acts of violence covered by this Directive. The specialist support services shall provide, inter alia:
Amendment 1251 #
2022/0066(COD)
Proposal for a directive
Article 27 – paragraph 1 – point a
Article 27 – paragraph 1 – point a
(a) advice and, information and support on any relevant legal and/or practical matters arising as a result of the crime, including on access to housing, education, training and assistance to remain in or find employmentsuch as legal and psychological counselling, consultation on safety of the victim as well as their dependants, access to appropriate and accessible housing, healthcare, education, training and assistance to remain in or find employment, options for childcare as well as financial assistance and benefits;
Amendment 1258 #
2022/0066(COD)
Proposal for a directive
Article 27 – paragraph 1 – point a a (new)
Article 27 – paragraph 1 – point a a (new)
(aa) immediate gender-sensitive support based on the victim´s needs, including safe shelters or first-hand medical care;
Amendment 1263 #
2022/0066(COD)
Proposal for a directive
Article 27 – paragraph 1 – point b
Article 27 – paragraph 1 – point b
(b) referrals to medical forensic examinations and comprehensive healthcare services;
Amendment 1264 #
2022/0066(COD)
Proposal for a directive
Article 27 – paragraph 1 – point b a (new)
Article 27 – paragraph 1 – point b a (new)
(ba) where relevant, referrals to relevant specialist support services, such as specialist support services for victims of sexual violence, victims of female genital mutilation, forced sterilisation, victims of sexual harassment at work, victims of cyber violence, shelters, support centres, including for children, and primary prevention services;
Amendment 1276 #
2022/0066(COD)
Proposal for a directive
Article 27 – paragraph 1 a (new)
Article 27 – paragraph 1 a (new)
1a. Member States shall ensure that all of the specialist support services referred to in paragraph 1 are available within their territory and organised and geographically distributed in such a way as to ensure reasonable distances and capacity for victims. Particular attention shall be given to making the services accessible to women in rural and remote areas.
Amendment 1280 #
2022/0066(COD)
Proposal for a directive
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Specialist support referred to in paragraph 1 shall be offered in-person and shall be easily accessible, including online or through other adequate means, such as information and communication technologies, tailored to the needs of victims of violence against women and domestic violence, including those with disabilities and living in institutional care facilities.
Amendment 1281 #
2022/0066(COD)
Proposal for a directive
Article 27 – paragraph 2 a (new)
Article 27 – paragraph 2 a (new)
2a. The provision of specialist support services as referred to in Chapter 4 of this Directive shall not be conditional on the victim´s willingness to file a complaint against the offender, shall be free of charge and available round the clock (24/7).
Amendment 1283 #
2022/0066(COD)
Proposal for a directive
Article 27 – paragraph 3
Article 27 – paragraph 3
3. Member States shall ensure sufficient human andthat all specialist support services have sufficient human resources, with adequately trained and specialised staff as well as sufficient, predictable, and sustainable financial resources to provide the services referred to in paragraph 1, especially those referred to in point (c) of that paragraph, including where such services are provided by non- governmental organisations.
Amendment 1287 #
2022/0066(COD)
Proposal for a directive
Article 27 – paragraph 4
Article 27 – paragraph 4
4. Member States shall provide the protection and specialist support services necessary to comprehensively address the multiple needs of victims at the same premises, or have such services coordinated through a central contact point, or through one-stop online access to such services, and that clear referral pathways are established across all kinds of support as well as medical services. Such combined offering of services shall include at least first hand medical care and social services, psychosocial support, legal, and police services. When planning the organisation of specialist support services, Member States shall take into account the structures and combinations of the existing specialised support services provided by non-governmental organisations and types of specialised support services offered by them.
Amendment 1292 #
2022/0066(COD)
Proposal for a directive
Article 27 – paragraph 5
Article 27 – paragraph 5
5. Member States shall issue guidelines and protocols for healthcare and socialall relevant professionals, including healthcare, social services, and child protection or welfare services professionals on identifying and providing appropriate gender-sensitive support to victims of all forms of violence against women and domestic violence, including on referring victims to the relevant support services and avoiding secondary victimisation. Such guidelines and protocols shall also indicate how to address the specific needs of victims who are at an increased risk of such violence as a result of their experiencing discrimination based on a combination of sex and other grounds of discrimination. Such guidelines shall be elaborated and reviewed and, where necessary updated, on a regular basis, in light of their practical application, in consultation and cooperation with women´s specialist services, victim protection centres, healthcare professionals and other relevant actors, based on evidence, their expertise and best practices and taking into consideration the process and content of the individual assessment of protection and support needs, as referred to in Article 18 and 19.
Amendment 1296 #
2022/0066(COD)
Proposal for a directive
Article 27 – paragraph 6
Article 27 – paragraph 6
6. Member States shall ensure that specialist support services remain fully operational for victims of violence against women and domestic violence in times of crisis, such as health crises or other states of emergency. Member State shall work towards a specific EU protocol on violence against women in times of crisis and emergency, taking into account the lessons learnt during previous crisis situations or emergencies.
Amendment 1304 #
2022/0066(COD)
Proposal for a directive
Article 27 – paragraph 7
Article 27 – paragraph 7
7. Member States shall ensure that specialist support services are available to victims before, during and for an appropriafter time after criminal proceedinghe offence occurs.
Amendment 1305 #
2022/0066(COD)
Proposal for a directive
Article 27 – paragraph 7 a (new)
Article 27 – paragraph 7 a (new)
7a. Member States shall ensure that victims of offences listed in Chapter 2 do not face discrimination in their workplaces due to the offences committed against them.
Amendment 1312 #
2022/0066(COD)
Proposal for a directive
Article 28 – paragraph 1
Article 28 – paragraph 1
1. Member States shall provide for appropriately equipped, resourced and easily accessible rape crisis centres or sexual violence referral centres to ensure effective support to victims of sexual violence, including assisting in the preservation and documentation of evidence. These centres shall provide for: a) medical care and forensic examinations, trauma support and psychological counsellwhile ensuring the victim's free and informed consent to any medical treatment, b) sexual and reproductive healthcare, including, after the offence has been perpetrated and for as longccess to emergency contraception, screening and post- exposure prophylaxis for sexually transmitted infections and diseases as well as neaccessary thereafter. Where the victim is a child, such services shall be to safe and legal abortion. c) intersectional trauma support and psychological counselling, as well as d) accompaniment throughout judicial providceed in a child-friendly manner.gs, where the victim decides to bring charges,
Amendment 1321 #
2022/0066(COD)
Proposal for a directive
Article 28 – paragraph 2
Article 28 – paragraph 2
2. The services referred to in paragraph 1 shall be available after the offence has been perpetrated and for as long as necessary thereafter, free of charge and accessible round-the-clock (24/7) every day of the week. They may be part of the services referred to in Article 27. Where the victim is a child, such services shall be provided in a child- friendly manner and be provided together with specialist support services for children.
Amendment 1323 #
2022/0066(COD)
Proposal for a directive
Article 28 – paragraph 2 a (new)
Article 28 – paragraph 2 a (new)
2a. Where a Member State's national law allows a competent health professional, or on some occasions entire medical institutions, to refuse to provide sexual and reproductive healthcare on the basis of the so-called conscience clause, which leads to the denial of abortion care on grounds of religion or conscience, Member States should ensure that the conscience clause does not put women’s timely access to SRH care at risk, by providing other viable, effective and accessible abortion services.
Amendment 1330 #
2022/0066(COD)
Proposal for a directive
Article 29 – title
Article 29 – title
Specialist support for victims of female genital mutilation and forced sterilisation
Amendment 1332 #
2022/0066(COD)
Proposal for a directive
Article 29 – paragraph 1
Article 29 – paragraph 1
1. Member States shall ensure effective, accessible, age-appropriate support to victims of female genital mutilation and forced sterilisation, including by providing, gynaecological and obstetric, sexological, psychological and intersectional trauma care and counselling tailored to the specific needs of such victims, after the offence has been perpetrated and for as long as necessary thereafter. TIn cases of female genital mutilation, this shall also include the provision of information on units in public hospitals that perform genital and clitoral reconstructive surgery. Such support may be provided by the referral centres referred to in Article 28 or any dedicated health centre. Such specialist support shall be carried out with the highest standards of privacy, intimacy and confidentiality.
Amendment 1337 #
2022/0066(COD)
Proposal for a directive
Article 29 – paragraph 2
Article 29 – paragraph 2
2. Article 27(3) and (6) and Article 28(2) shall be applicable to the provision of support for victims of female genital mutilation.
Amendment 1338 #
2022/0066(COD)
Proposal for a directive
Article 29 a (new)
Article 29 a (new)
Amendment 1343 #
2022/0066(COD)
Proposal for a directive
Article 30 – title
Article 30 – title
Specialist support for victims of sexual harassment atin the world of work
Amendment 1349 #
2022/0066(COD)
Proposal for a directive
Article 30 – paragraph 1
Article 30 – paragraph 1
Member States shall ensure that safe, confidential and effective complaint and investigation mechanisms are available for victims and that external counselling services are available for victims and employers in cases of sexual harassment atin the world of work. These services shall include advice on adequately preventing and addressing such instances atin the workplaceld of work, on legal remedies available to the employer to remove the offender from the workplace and providing the possibility of early conciliation, if the victim so wishes.
Amendment 1352 #
2022/0066(COD)
Proposal for a directive
Article 30 – paragraph 1 a (new)
Article 30 – paragraph 1 a (new)
Member states shall ensure that counselling services and employers treat cases of sexual harassment at work confidentially.
Amendment 1360 #
2022/0066(COD)
Proposal for a directive
Article 31 – paragraph 1
Article 31 – paragraph 1
1. Member States shall set up state- wide round-the-clock (24/7) telephone helplines, free of charge, to provide advicespecialist advice, information and counselling for victims of all forms of violence against women and domestic violence by trained professionals. Advice shall be provided confidentially or with due regard for their anonymity. Member States shall ensure the provision of such service also through other secure and accessible information and communication technologies, including online applications, in order to ensure a wide variety of contact options for the victims, including victims with disabilities.
Amendment 1363 #
2022/0066(COD)
Proposal for a directive
Article 31 – paragraph 1 a (new)
Article 31 – paragraph 1 a (new)
1a. Provisions in paragraph 1 shall be without prejudice to other existing helplines specialised on violence against women or domestic violence within a Member State, including those run by non-governmental organisations, and shall not lead to withdrawal of their support by Member States.
Amendment 1365 #
2022/0066(COD)
Proposal for a directive
Article 31 – paragraph 1 b (new)
Article 31 – paragraph 1 b (new)
1b. Member States shall ensure that national helplines are equipped to provide support also to persons not speaking the national language or languages.
Amendment 1373 #
2022/0066(COD)
Proposal for a directive
Article 32 – paragraph 1
Article 32 – paragraph 1
1. The shelters and other appropriate interim accommodations as provided for in Article 9(3), point (a), of Directive 2012/29/EU shall address the specific needs of women victims of domestic violence and sexual violenceviolence against women and domestic violence. Member States shall ensure the availability of women-only shelters and other interim accommodations. Such shelters shall be adequately equipped to provide accommodation for victims with children. They shall assist them in their recovery, providing safe, adequate and appropriate living conditions with a view on a return to independent living.
Amendment 1381 #
2022/0066(COD)
Proposal for a directive
Article 32 – paragraph 2
Article 32 – paragraph 2
2. The shelters and other appropriate interim accommodations shall be equipped to accommodate the specific needs ofrights and needs of persons with disabilities as well as children, including child victims.
Amendment 1386 #
2022/0066(COD)
Proposal for a directive
Article 32 – paragraph 3
Article 32 – paragraph 3
3. The shelters and other appropriate interim accommodations shall be available to all victims regardless of their nationality, citizenship, place of residence or residence status.
Amendment 1389 #
2022/0066(COD)
Proposal for a directive
Article 32 – paragraph 4
Article 32 – paragraph 4
4. Article 27 (1), (2), (3) and (6) shall apply to shelters and other appropriate interim accommodations.
Amendment 1400 #
2022/0066(COD)
Proposal for a directive
Article 33 – paragraph 2
Article 33 – paragraph 2
2. Child victims shall be provided with age-appropriate medical care, emotional, psychosocial, psychological and educational support, as well as any other appropriate support tailored in particular to situations of domestic violence, and in all stages of investigations and judicial proceedings.
Amendment 1408 #
2022/0066(COD)
Proposal for a directive
Article 33 a (new)
Article 33 a (new)
Article 33a Support for children orphans due to violence against women and domestic violence 1. Member States shall give the children of fatal victims of violence against women and domestic violence (and, consequently, orphans) the status of victims. 2. Member States shall ensure that orphans of victims of violence against women and domestic violence and their relatives are provided with specific adequate support during relevant criminal and civil proceedings, including inheritance proceedings, guardianship and custody. 3. Article 33(3) shall apply to children orphans as a consequence of violence against women and domestic violence.
Amendment 1413 #
2022/0066(COD)
Proposal for a directive
Article 34 – paragraph 1
Article 34 – paragraph 1
Member States shall establish and maintain safe places which allow a safe contact between a child and a holder of parental responsibilities who is an offender or suspect of violence against women or domestic violence, to the extent that the latter has rights of access. Member States shall ensure supervision by trained professionals, as appropriate, and in the best interests of the child, at the same time allowing for avoidance of contact between the offender or suspect and the non-violent parent or their relatives when accompanying the child to the meeting.
Amendment 1418 #
2022/0066(COD)
Proposal for a directive
Article 34 – paragraph 1 – point 1 (new)
Article 34 – paragraph 1 – point 1 (new)
(1) Member States shall take the necessary measures to ensure that, in parallel with the proceedings against the offender or suspect of violence against women or domestic violence who is a holder of parental responsibilities, child protection or welfare authorities take action ex officio with the aim to examine the custody and rights of access of the violent parent, in the best interest of the child, including in cases where the child is a witness of violence against women or domestic violence.
Amendment 1421 #
2022/0066(COD)
Proposal for a directive
Article 34 – paragraph 1 a (new)
Article 34 – paragraph 1 a (new)
Member States shall take the necessary legislative and other measures to ensure that in the process of determining custody and rights of access, the relevant competent authorities take into account all incidents of violence against women or domestic violence, including where the child is a witness, as well as any restraining or protection orders issued.
Amendment 1423 #
2022/0066(COD)
Proposal for a directive
Article 34 – paragraph 1 b (new)
Article 34 – paragraph 1 b (new)
Member States shall ensure that when establishing the arrangements for custody allocation and access rights, the protection of women and children from violence and the best interests of the child are the primary concern and take precedence over other criteria. The best interest of the child shall prevail over a request of shared custody or rights of access with the violent parent.
Amendment 1425 #
2022/0066(COD)
Proposal for a directive
Article 34 – paragraph 1 c (new)
Article 34 – paragraph 1 c (new)
The competent authorities, child protection or welfare services and other relevant specialised services shall conduct risk assessments in the process of determining custody and the rights of access in cases of violence against women and domestic violence, especially regarding vicarious violence.
Amendment 1426 #
2022/0066(COD)
Proposal for a directive
Article 34 – paragraph 1 d (new)
Article 34 – paragraph 1 d (new)
Member States shall take the necessary measures to ensure that non-scientific theories and concepts, including parental alienation syndrome or any other related concept, when determining custody and rights of access in cases involving violence against women and domestic violence are not recognised in their judicial practice and law.
Amendment 1432 #
2022/0066(COD)
Proposal for a directive
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Member States shall ensure the provision of specific support to victims at an increased risk of violence against women or domestic violence, such as women with disabilities, women living in rural areas, women with dependant residence status or permit, undocumented migrant women, women applying for international protection, women fleeing from armed conflict, women affected by homelessness, women with no or low income, women with a minority racial or ethnic background, or women from sexual or gender-identity minorities, women sex workers, women detainees, or older women.
Amendment 1435 #
2022/0066(COD)
Proposal for a directive
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Member States shall ensure the provision of specific support to victims at an increased risk of violence against women or domestic violence, such as women with disabilities, women living in rural areas, women with dependant residence status or permit, undocumented migrant women, women applying for international protection, women fleeing from armed conflict, women affected by homelessness, women with a minority racial or ethnic background, women sex workers, women detainees, or older women, or LGBTIQ people.
Amendment 1438 #
2022/0066(COD)
Proposal for a directive
Article 35 – paragraph 2
Article 35 – paragraph 2
2. The support services under Articles 27 to 32 shall be sufficiently, predictably and sustainably funded to have sufficient capacities to accommodate and assist victims with disabilities, taking into consideration their specific needs, including personal assistance.
Amendment 1445 #
2022/0066(COD)
Proposal for a directive
Article 35 – paragraph 4
Article 35 – paragraph 4
4. Member States shall ensure that persons can report occurrences of violence against women or domestic violence in reception and detention centres as well as in institutional care facilities to the relevant staff and that protocols are in place to adequately and swiftly address such reports in accordance with the requirements in Article 18, 19 and 20.
Amendment 1450 #
Amendment 1452 #
2022/0066(COD)
Proposal for a directive
Article 36 – paragraph 1
Article 36 – paragraph 1
1. Member States shall take all appropriate and targeted actions to prevent violence against women and domestic violence, based on a three-pronged approach including primary, secondary as well as tertiary prevention, and ensure their adequate coordination. All these measures shall be developed in cooperation with relevant professionals, civil society organisations, women´s specialist services, social partners, impacted communities and other relevant stakeholders, be evidence-based and implemented in a gender- and trauma- sensitive manner.
Amendment 1456 #
2022/0066(COD)
Proposal for a directive
Article 36 – paragraph 2
Article 36 – paragraph 2
2. Primary preventive measures shall be aimed at preventing violence from ever occurring and shall include awareness- raising campaigns, to increasearch and education programmes, where appropriate developed in cooperation with relevant civil society organisations, social partners, impacted communities and other stakeholder understanding among the general public of the different manifestations of all forms of violence and their consequences, and social protection policies, research on risk and protective factors of violence against women and domestic violence, and education programmes throughout life cycle adapted to the capacity of learners, especially age-appropriate comprehensive sexuality and relationship education and equality education both in and outside of formal education as well as programmes on prevention-relevant skills.
Amendment 1464 #
2022/0066(COD)
Proposal for a directive
Article 36 – paragraph 2 a (new)
Article 36 – paragraph 2 a (new)
2a. Secondary preventive measures shall be aimed at early detection of violence and prevention of its progression or escalation while tertiary prevention shall be focused on prevention of reoffending and revictimisation, as well as at proper management of consequences of the violence. These measures shall include, among others, promotion of bystander intervention, early intervention centres as well as intervention programmes as referred to in Article 38.
Amendment 1468 #
2022/0066(COD)
Proposal for a directive
Article 36 – paragraph 3
Article 36 – paragraph 3
3. Member States shall make information on preventive measures, the rights of victims, access to justice and to a lawyer, and the available protection and support measures available to the general publicand easily accessible to the general public, via various medias, in relevant languages and in different formats, including in formats accessible to persons with disabilities.
Amendment 1475 #
2022/0066(COD)
Proposal for a directive
Article 36 – paragraph 4
Article 36 – paragraph 4
4. Targeted action shall be addressed to groups at risk,with specific needs and groups at risk, such as those referred to in Article 35 (1) and including children, according to their age and maturity, and persons with disabilities, taking into consideration language barriers and different levels of literacy and abilities. Information for children shall be formulated in a child- friendly way.
Amendment 1478 #
2022/0066(COD)
Proposal for a directive
Article 36 – paragraph 5
Article 36 – paragraph 5
5. Preventive measures shall in particular aim at challenging harmful gender stereotypes, promoting equality between women and men, encouraging all, including men and boys, to act as positive role models to support corresponding behaviour changes across society as a whole in line with the objectives of this directive. Preventive measures shall develop and/or increase awareness of the specific escalatory pattern of violence against women and domestic violence which can culminate in the killing of women.
Amendment 1482 #
2022/0066(COD)
Proposal for a directive
Article 36 – paragraph 5
Article 36 – paragraph 5
5. PAll preventive measures shall in particular aim at challenging harmful gender stereotypes, educating on the concept of consent, promoting equality between women and men, encouraging all, including men and boys, to act as positive role models to support corresponding behaviour changes across society as a whole in line with the objectives of this directive.
Amendment 1490 #
2022/0066(COD)
Proposal for a directive
Article 36 – paragraph 6
Article 36 – paragraph 6
6. Preventive measures shall develop and/or increase sensitivity about the harmful practice of female genital mutilation and forced sterilisation.
Amendment 1496 #
2022/0066(COD)
Proposal for a directive
Article 36 – paragraph 7
Article 36 – paragraph 7
7. Preventive measures shall also specifically address cyber violence. In particular, Member States shall ensure that education measures include the development of digital literacy skills, including critical engagement with the digital world and critical thinking, to enable users to identify and address cases of cyber violence as well as to recognise its different forms, seek support and prevent its perpetration. Member States shall foster multidisciplinary and stakeholder cooperation, including intermediary services and competent authorities to develop and implement measures to tackle cyber violence.
Amendment 1510 #
2022/0066(COD)
Proposal for a directive
Article 37 – paragraph 1
Article 37 – paragraph 1
1. Member States shall ensure that professionals likely to come into contact with victims, including law enforcement authorities, court staff, judges and prosecutors, lawyers, prevention workers, providers of victim support and restorative justice services, healthcare professionals, social services, educational and other relevant staff, receive both general and specialist training and targeted information to a level appropriate to their contacts with victims, to enable them to identify, prevent and address instances of violence against women or domestic violence, avoid further violence or revictimisationd to treat victims in a trauma- , gender-, disability- and child- sensitive manner and to inform the victims of their rights.
Amendment 1511 #
2022/0066(COD)
Proposal for a directive
Article 37 – paragraph 1
Article 37 – paragraph 1
1. Member States shall ensure that professionals likely to come into contact with victims, including law enforcement authorities, court staff, judges and prosecutors, lawyers, providers of victim support and restorative justice services, healthcare professionals, social services, educational and other relevant staff, receive both general and specialist training and targeted information to a level appropriate to their contacts with victims, to enable them to identify, prevent and address instances of violence against women or domestic violence in order to advance the victims' access to justice and to treat victims in a trauma-, gender- and child- sensitive manner.
Amendment 1516 #
2022/0066(COD)
Proposal for a directive
Article 37 – paragraph 1 a (new)
Article 37 – paragraph 1 a (new)
1a. Member States shall ensure that the authorities competent for receiving reports of offences from victims are appropriately trained to facilitate and assist in the reporting of such crimes.
Amendment 1517 #
2022/0066(COD)
Proposal for a directive
Article 37 – paragraph 1 b (new)
Article 37 – paragraph 1 b (new)
1b. Member States shall ensure that competent authorities in charge of carrying out individual assessment of victim´s protection needs, as referred to in Article 18, receive specialised training both on physical and non-physical forms of violence, such as psychological violence or controlling or coercive behaviour, as well as on harmful gender stereotypes, in order to enable swift and appropriate follow-up actions.
Amendment 1522 #
2022/0066(COD)
Proposal for a directive
Article 37 – paragraph 2
Article 37 – paragraph 2
2. Relevant health professionals, including paediatricians , gynaecologists, obstetriciand, midwives, and sexologists shall receive targeted training to identify and address, in a cultural-sensitive manner, the physical, psychological and sexual consequences of female genital mutilation.
Amendment 1524 #
2022/0066(COD)
Proposal for a directive
Article 37 – paragraph 2
Article 37 – paragraph 2
2. Relevant health professionals, including paediatricians and midwives, shall receive targeted training to identify and address, in a cultural-sensitive manner, the physical, psychological and sexual consequences of female and intersex genital mutilation.
Amendment 1526 #
2022/0066(COD)
Proposal for a directive
Article 37 – paragraph 2 a (new)
Article 37 – paragraph 2 a (new)
2a. Healthcare professionals shall also receive regular trainings aimed at preventing occurrence of violence in healthcare settings, including training on patient´s informed consent and on treating patients in a non-discriminatory, respectful and dignified manner.
Amendment 1530 #
2022/0066(COD)
Proposal for a directive
Article 37 – paragraph 3
Article 37 – paragraph 3
3. Persons with supervisory functions in the workplace, in both the public and private sectors, shall receive adequate training on how to recognise, prevent and address sexual harassment at work, including on risk assessments concerning occupational safety and health risks, to provide support to victims affected thereby and respond in an adequate manner. Those persons and employers shall receive information, training and guidance about the effects of violence against women and domestic violence on workers and the risk of third party violence.
Amendment 1533 #
2022/0066(COD)
Proposal for a directive
Article 37 – paragraph 4
Article 37 – paragraph 4
4. The training activities referred to in paragraphs 1 and 2a, 1b, and 2a of this Article shall include training on co-ordinated multi-agency and multi-disciplinary co- operation to allow for a comprehensive and appropriate handling of referrals in cases of violence against women or domestic violence.
Amendment 1538 #
2022/0066(COD)
Proposal for a directive
Article 37 – paragraph 6
Article 37 – paragraph 6
Amendment 1543 #
2022/0066(COD)
Proposal for a directive
Article 37 – paragraph 7
Article 37 – paragraph 7
7. Training activities referred to in paragraphs 1 and 2 shall be regular and mandatory, including on cyber violence, and built on the specificities of violence against women and domestic violence. Such training activities shall increase awareness of the specific escalatory pattern of violence against women and domestic violence which can culminate in the killing of women. They shall include training on how to identify and address the specific protection and support needs of victims who face a heightened risk of violence due to their experiencing discrimination based on a combination of sex and other grounds, as well as on how to identify and act on the specific escalatory pattern of violence against women and domestic violence.
Amendment 1545 #
2022/0066(COD)
Proposal for a directive
Article 37 – paragraph 7
Article 37 – paragraph 7
7. Training activities referred to in paragraphs 1 and 2a, 1b, 2 and 2a of this Article shall be regular and mandatory, including on cyber violence, and built on the specificities of violence against women and domestic violence. Such training activities shall include training on how to identify and address the specific protection and support needs of victims who face a heightened risk of violence due to their experiencing discrimination based on a combination of sex and other grounds. Such training shall be provided by qualified trainers adhering to strict quality standards in terms of training duration, frequency, methods and outcomes in line with objectives of this Directive.
Amendment 1547 #
2022/0066(COD)
Proposal for a directive
Article 37 – paragraph 7 a (new)
Article 37 – paragraph 7 a (new)
7a. Training materials and activities shall be elaborated and reviewed and, where necessary updated, on a regular basis, in light of their practical application, in consultation and cooperation with victims, women´s specialist services, victim protection centres, healthcare professionals and other relevant actors, based on evidence, their expertise and best practices, and taking into account the need for multi- disciplinary and multi-agency cooperation and coordination. Particular importance shall be given to establishing solid referral pathways to specialist support services, as well as to safe and confidential processing of victim´s personal data.
Amendment 1553 #
2022/0066(COD)
1. Member States shall take the necessary measures to ensure that targeted and effective intervention programmes are established to prevent and minimise the risk of committing offences of violence against women or domestic violence, or reoffending, with trained and skilled professionals, in close cooperation with specialist support services for victims, to prevent and minimise the risk of committing offences of violence against women or domestic violence, and reoffending. These programmes shall seek to help offenders understand and recognise their responsibility, change their harmful attitudes and behaviours as well as to adopt non-violent behaviour in interpersonal relationships.
Amendment 1562 #
2022/0066(COD)
Proposal for a directive
Article 38 a (new)
Article 38 a (new)
Amendment 1570 #
2022/0066(COD)
Proposal for a directive
Article 39 – paragraph 4
Article 39 – paragraph 4
4. It shall be responsible for coordinating policies at the central, regional and local levels and liaising with relevant European agencies and bodies.
Amendment 1572 #
2022/0066(COD)
Proposal for a directive
Article 40 – title
Article 40 – title
Multi-agency and multi-disciplinary coordination and cooperation
Amendment 1575 #
2022/0066(COD)
Proposal for a directive
Article 40 – paragraph 1
Article 40 – paragraph 1
1. Member States shall put in place appropriate mechanisms to ensure effective coordination and cooperation, at the national level, of relevant authorities, agencies and bodies, including local and regional authorities, law enforcement agencies, the judiciary, public prosecutors, support service providers as well as non- governmental organisations, in particular women´s specialist services, social services, including child protection or welfare authorities, education and healthcare providers, social partners, without prejudice to their autonomy, and other relevant organisations and entities.
Amendment 1576 #
2022/0066(COD)
Proposal for a directive
Article 40 – paragraph 2
Article 40 – paragraph 2
2. Such mechanisms shall pertain to all stages, areas and aspects of violence against women and domestic violence, and in particular pertain to the individual assessments under Articles 18 and 19, and the provision of protection and support measures under Article 21 and entire Chapter 4, the guidelines for law enforcement and judicial authorities under Article 23, and in the trainings for professionals as referred to in Article 37.
Amendment 1578 #
2022/0066(COD)
Proposal for a directive
Article 41 – paragraph 1
Article 41 – paragraph 1
Member States shall closely cooperate with and consult in a consistent and structured manner with relevant civil society organisations, includingespecially non-governmental organisations working with victims of violence against women or domestic violence, in particular in providing support to victims, concerning policymaking initiatives, inform and women´s specialist services, and recognise them as equal partners, in order to enhance their meaningful participation in the whole process of policymaking as well as implementation, monitoring, evaluationg and awareness-raising campaigns, research and education programmes and in training, as well as in monitoring and evaluating the impact of measures to support and protect victims. review of impact of policies, initiatives and measures on preventing and combatting violence against women and domestic violence, as referred to in this Directive, in particular in providing support to victims, information and awareness-raising campaigns, research and education programmes and in training.
Amendment 1590 #
2022/0066(COD)
Proposal for a directive
Article 43 – paragraph 1 – introductory part
Article 43 – paragraph 1 – introductory part
Member States shall take appropriate action to facilitate cooperation between each other as well as with the EU institutions, agencies and bodies to improve the implementation of this Directive. Such cooperation shall aim at least at:
Amendment 1592 #
2022/0066(COD)
Proposal for a directive
Article 43 – paragraph 1 – point a
Article 43 – paragraph 1 – point a
(a) exchanging best practices and consulting each other in individual cases, including through Eurojust and the European Judicial Network in criminal matters, in particular in, but not limited to, cross-border cases;
Amendment 1594 #
2022/0066(COD)
Proposal for a directive
Article 43 – paragraph 1 – point b
Article 43 – paragraph 1 – point b
(b) exchanging information and best practices with relevant Union agencies and cooperating with them on the establishment of common standards and guidelines;
Amendment 1602 #
2022/0066(COD)
Proposal for a directive
Article 44 – paragraph 1
Article 44 – paragraph 1
1. Member States shall have a system in place for theregular collection, development, production and dissemination of statistics on violence against women orand domestic violence, including the forms of violence referred to in Articles 5 to 10.
Amendment 1606 #
2022/0066(COD)
Proposal for a directive
Article 44 – paragraph 2 – introductory part
Article 44 – paragraph 2 – introductory part
2. The statistics shall be published at least annually and shall include the following data disaggregated by sex, age of the victim and of the offender, disability, relationship between the victim and the offender and type of, type of offence, and place of the offence:
Amendment 1613 #
2022/0066(COD)
Proposal for a directive
Article 44 – paragraph 2 – point a
Article 44 – paragraph 2 – point a
(a) the number of victims who experienced violence against women orand domestic violence during the last 12 months, last five years and lifetime;
Amendment 1622 #
2022/0066(COD)
Proposal for a directive
Article 44 – paragraph 2 – point b
Article 44 – paragraph 2 – point b
(b) the annual number of such victims, of reported offences, of persons prosecuted for and convicted of such forms of violence, obtained from national administrative sources.
Amendment 1623 #
2022/0066(COD)
Proposal for a directive
Article 44 – paragraph 2 – point b a (new)
Article 44 – paragraph 2 – point b a (new)
(ba) c) annual and monthly number of fatal victims and orphan children; d) information on the existence of an official claim filed by the fatal victim; e) the number of cases reported to the law enforcement authorities; offences, f) the number of cases reported to specialist support services as referred to in Articles 27 to 32; g) the numbers of emergency barring, restraining and protection orders issued; h) the numbers of cases investigated, prosecuted and adjudicated; i) the number of convictions for the offences; j) the types and levels of sanctions imposed on offenders for violence against women and domestic violence, including per categories of offences as referred to in Articles 5 to 10; k) the average length of investigations and of criminal proceedings; l) number of calls to national helplines.
Amendment 1633 #
2022/0066(COD)
Proposal for a directive
Article 44 – paragraph 4
Article 44 – paragraph 4
4. In order to ensure administrative data comparability across the Union, Member States shall collect administrative datadata referred to in paragraph 2 on the basis of common disaggregations developed in cooperation with and according to the methodology developed by the European Institute for Gender Equality in accordance with paragraph 5. They shall transmit this data to the European Institute for Gender Equality on a yearly basis. The European Institute for Gender Equality shall regularly publish a report based on the statistical data transmitted by the Member States. The transmitted data shall not contain personal data.
Amendment 1638 #
2022/0066(COD)
Proposal for a directive
Article 44 – paragraph 5
Article 44 – paragraph 5
5. The European Institute for Gender Equality shall support Member States in the data gathering referred to in paragraph 2, point (b), including by establishing common standards on counting units, counting rules, common disaggregations, reporting formats, and on the classification of criminal offences. Civil society organisations working on preventing and combatting violence against women and domestic violence, in particular women´s specialist services, shall be involved in the development of the methodologies for surveys and data collection.
Amendment 1642 #
2022/0066(COD)
Proposal for a directive
Article 44 – paragraph 6
Article 44 – paragraph 6
6. The Member States shall make the collected statistics available to the public in easily accessible and understandable manner. The statistics shall not contain personal data.
Amendment 1645 #
2022/0066(COD)
Proposal for a directive
Article 44 – paragraph 7
Article 44 – paragraph 7
7. The Member States shall support research on root causes, effects, incidences and conviction rates of the forms of violence covered by this Directive, in close cooperation with relevant competent authorities and specialist support services.
Amendment 1647 #
2022/0066(COD)
Proposal for a directive
Article 44 a (new)
Article 44 a (new)
Article 44a Resources 1. Member States shall ensure that national authorities that detect, investigate, prosecute and adjudicate offences within the scope of this Directive have a sufficient number of adequately trained specialised staff, including through the establishment of dedicated specialised units or chambers, and ensure that these national authorities have sufficient financial, technical and technological resources necessary for the effective performance of their functions related to the implementation of this Directive. 2. Member States shall ensure that all specialised support service providers, including non-governmental women´s specialist services, as well as other relevant actors are provided with sufficient, predictable, and sustainable funding and human, technical and technological resources necessary to ensure effective performance of their functions related to the implementation of this Directive. 3. Member States shall ensure sufficient, predictable and sustainable funding for all types of measures laid out in this Directive, including prevention, protection, access to justice, victim support as well as coordination and cooperation measures.
Amendment 1651 #
2022/0066(COD)
Proposal for a directive
Article 45 – paragraph 1
Article 45 – paragraph 1
Directive 2011/93/EU
Article 3 – paragraph 7
Article 3 – paragraph 7
7. Member States shall ensure that the following intentional conduct shall be punishable by a maximum term of imprisonment of at least 125 years:
Amendment 1652 #
2022/0066(COD)
Proposal for a directive
Article 45 – paragraph 1
Article 45 – paragraph 1
Directive 2011/93/EU
Article 3 – paragraph 8
Article 3 – paragraph 8
8. Where the child is above the age of sexual consent and does not consent to the act, Member States shall ensure that the conduct set out in paragraph 7 is punishable by a maximum term of imprisonment of at least 102 years.
Amendment 1653 #
2022/0066(COD)
Proposal for a directive
Article 45 – paragraph 1
Article 45 – paragraph 1
Directive 2011/93/EU
Article 3 – paragraph 9
Article 3 – paragraph 9
For the purpose of paragraph 8, Member States shall ensure that a non-consensual act is understood as an act which is performed without the child’s explicit consent given voluntarily, or where the child is unable to form and express a free will due to the presence of circumstances referred to in paragraph 5, including the child’s physical or mental condition such as a state of unconsciousness, intoxication, sleep, illness or bodily injury.
Amendment 1654 #
2022/0066(COD)
Proposal for a directive
Article 45 – paragraph 1
Article 45 – paragraph 1
Directive 2011/93/EU
Article 3 – Paragraph 9
Article 3 – Paragraph 9
Consent can be withdrawn at any moment during the act. The absence of consent cannot be refuted exclusively by the child’s silence, verbal or physical non-resistance or past sexual conduct or existing or past relationship with the offender, including marital status. Consent shall be given for each separate act.
Amendment 1658 #
2022/0066(COD)
Proposal for a directive
Article 47 – paragraph 1
Article 47 – paragraph 1
1. By [sevenfour years after the entry into force of this Directive] at the latest, and every two years thereafter, Member States shall communicate to the Commission all relevant information concerning the application of this Directive necessary for the Commission to draw up a report on the application of this Directive.
Amendment 1659 #
2022/0066(COD)
Proposal for a directive
Article 47 – paragraph 2
Article 47 – paragraph 2
2. On the basis of the information provided by Member States pursuant to paragraph 1, the Commission shall regularly and in line with the reporting obligations of Member States submit to the European Parliament and the Council a report in which it reviews the application of this Directive.
Amendment 122 #
2021/2043(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses that barriers also derive from limited national administration capabilities to provide services in other languages, and from shortages of skills and infrastructure; calls on Member States to ensure that information and documents relating to market access are not only available in the official language of the Member State but also in English and other EU languages;
Amendment 152 #
2021/2043(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Recognises that numerous barriers stem from the limited capacity of administrations to deliver high quality services in cross-border settings; calls on the Commission to promote the use of digital tools and urges Member States to commit fully to the digitalisation of public services; believes that digitalisation of public services and fully-fledged eGovernment capabilities remain essential to eradicate some of the onerous NTBs; recalls, in this regard, that the key provisions of the single digital gateway had to be in force in all EU Member States by 12 December 2020; underlines the importance of the ‘digital-by-default’ and ‘once only’ principles, which will save citizens and businesses time and money, in particular if used more widely; welcomes the proposal to add a single market obstacles tool to the single digital gateway;
Amendment 156 #
2021/2043(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Reiterates its repeated calls to speed upgrets that the implementation and broadenof the sSingle dDigital gGateway so as to provide to all users acis moving slowly; calls on Member States to dedicate sufficient resourcess to comprehensive information on single market rules and administrative procedures through a one- stop-shopswiftly implementing the Single Digital Gateway in an SME-friendly way by providing user-centered information on single market rules and administrative procedures in order to make it a virtual one-stop shop as far as possible; calls on Member States and the Commission to extend the scope of the Single Digital Gateway to all business relevant administrative procedures;
Amendment 159 #
2021/2043(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Welcomes the Commission proposal to make SOLVIT the default tool for single market dispute resolution; Highlights the potential of making SOLVIT the default tool for single market dispute resolution; notes that despite awareness-raising activities by the Commission and Member States, SOLVIT is still unknown to many citizens and businesses; stresses that further measures should be taken by the Commission and Member States to increase its profile; notes that SOLVIT is based on recommendation rather than law and cannot make legally binding decisions; underlines that substantial improvements can be made to SOLVIT’s operations; regrets that some Member States fail to ensure adequate and stable staffing, continuity of service and an adequate level of knowledge of EU law in their SOLVIT centres as requested by the Commission in its Communication COM(2017) 255 final; notes that before giving SOLVIT more responsibilities, it must be ensured that Member States allocate sufficient resources to it;
Amendment 167 #
2021/2043(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses that the international road haulage sector is subject to a number of NTBs restricting access to national markets, which limit its competitiveness, discriminate against transport companies from certain Member States and increase emissions; calls on Commission and Member States to abolish unnecessarpply restrictions on cabotage, and calls for the opening of the only when necessary, and calls for a fair and open freight and passenger transport services sector within the EU;
Amendment 172 #
2021/2043(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Welcomes in principle the Single Market Enforcement Taskforce (SMET), which aims to assess compliance of national law with single market rules and to prioritise the most pressing barriers; points out that the SMET should not just identify problems, but also provide solutions; calls on Commission and Member States to ensure the inclusion of stakeholders in the workings of SMET;
Amendment 175 #
2021/2043(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Recalls that so far the Commission’s plan to step up enforcement of EU law by means of the SMET has only delivered limited results; calls on the Commission to present in due time concrete outcomes of the work of SMET, including information on barriers that have been abolished as a result of its actionsregrets that SMET lacks transparency in its ways of work; calls on Commission and Member States to ensure that SMET publishes lists of participants, agendas and minutes of its meetings on the Commission website; notes that the Commission in its “long term action plan for better implementation and enforcement of single market rules” (COM(2020) 94 final) stated that “the SMET will regularly inform the Competitiveness Council and the European Parliament’s Internal Market and Consumer Protection Committee”; urges on the Commission to present concrete outcomes of the work of SMET, including information on barriers that have been abolished as a result of its actions, by the end of 2021; calls on Commission and Member States to publish an annual report about the workings of SMET and deliver it to the European Parliament’s Committee on the Internal Market and Consumer Protection and the Competitiveness Council;
Amendment 210 #
2021/2043(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Recalls that the initial response to the pandemic by Member States and the Commission did not take into account the needs of the single market, and recalls the serious impact this has had on the free cross-border movement of persons, goods and services;
Amendment 212 #
2021/2043(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Welcomes the NextGenerationEU recovery package, the EU guidelines for border management, transport green lanes, the EU Digital COVID Certificate to facilitate free movement, and further measures which aim to allow the single market to operate normally; regrets that some Member States have introduced additional travel restrictions such as quarantine for some holders of the Digital Green Certificate; notes that these restrictions are particularly burdensome for cross-border and posted workers;
Amendment 214 #
2021/2043(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26 a. Welcomes the Commission’s proposal to present a Single Market Emergency Instrument; calls on the Commission to develop it as a legally binding structural tool to ensure the free movement of persons, goods and services in case of future crises;
Amendment 65 #
2021/0291(COD)
Proposal for a directive
Recital 2
Recital 2
(2) Since 2009, efforts have been deployed at Union level to limit the fragmentation of the charging interfaces for mobile phones and similar items of radio equipment. Recentgrettably, voluntary initiatives do not fully, although having decreased the number of charger types available on the market, did not meet Union policy objectives to reduce electronic waste (e- waste), ensure consumer convenience and avoid fragmentation of the market for charging devices, therefore a legislative measure in this respect is necessary.
Amendment 75 #
2021/0291(COD)
Proposal for a directive
Recital 6
Recital 6
(6) The interoperability between radio equipment and accessories such as chargers is hampered as there are different charging interfaces for certaindiverse categories or classes of small and medium-sized radio equipment that use wired charging such as handheld mobile phones, tablets, digital cameras, headphones or headsets, handheld videogame consoles and portable speakers. In addition, there are several types of fast charging communication protocols for which a minimum level of performance is not always guaranteed. As a result, Union action is required to promote a common degree of interoperability and the provision of information relating to the charging characteristics of radio equipment to end- users. It is therefore necessary to introduce suitable requirements in Directive 2014/53/EU regarding the charging communication protocols, the charging interface (i.e. charging receptacle) of certain categories or classes of radio equipment, as well as the information to be provided to end-users regarding the charging characteristics of those categories or classes of radio equipment.
Amendment 79 #
2021/0291(COD)
Proposal for a directive
Recital 7
Recital 7
(7) The absence of harmonisation in this area may lead to substantial differences between the Member States' laws, regulations, administrative provisions or practices on the interoperability of mobile phones and similar categories orand classes of small and medium-sized radio equipment with their charging devices, and on the supply of radio equipment without charging devices.
Amendment 82 #
2021/0291(COD)
Proposal for a directive
Recital 8
Recital 8
(8) The size of the internal market in rechargeable mobile phones and similaother categories or classes of small and medium- sized radio equipment, the proliferation of different types of charging devices for such radio equipment and the significant cross- border trade of those products calls for stronger legislative action at Union level rather than either national level or voluntary measures, so as to achieve the smooth functioning of the internal market.
Amendment 88 #
2021/0291(COD)
Proposal for a directive
Recital 9
Recital 9
(9) It is therefore necessary to harmonise, whenever technically feasible, the charging interface and charging communication protocols for specificall categories or classes of small and medium-sized radio equipment that are recharged via wired charging in a safe and dry environment. It is also necessary to provide the basis for adaption to any future technological progress by introducing a harmonisation of the charging interfaces and the charging communication protocols with respect to radio equipment that may be charged via any means other than wired charging including charging via radio waves (wireless charging). Such harmonisation should reduce environmental waste, ensure consumer convenience and avoid fragmentation of the market among different charging interfaces and charging communication protocols as well as among any initiatives at national level, which might cause barriers to trade in the internal market.
Amendment 93 #
2021/0291(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Such harmonisation would be however incomplete, if it is not combined with requirements regarding the combined sale of radio equipment and their chargers and information to be provided to end- users. A fragmentation of approaches among the Member States with respect to the marketing of the categories or classes of radio equipment concerned and their charging devices would hamper the cross- border trade in those products, for example by obliging economic operators to repackage their products depending on the Member State, in which the products are to be supplied. This would in turn result in increased inconvenience for consumers and would generate unnecessary e-waste thus offsetting the benefits derived from the harmonisation of the charging interface and charging communication protocol. It is therefore necessary to impose requirements to ensure that end-users are not obliged to purchase a new charging deviceer, containing power supply and cable, with each purchase of a new mobile phone or similar item of radio equipment. To ensure the effectiveness of such requirements, end- users should receive the necessary information regarding the charging characteristics when purchasing a mobile phone or similar item of radio equipment.
Amendment 97 #
2021/0291(COD)
Proposal for a directive
Recital 12
Recital 12
(12) USB Type-C is a technology that is already common to many categories or classes of radio equipment as it provides high-quality charging and data transfer. The USB Type-C charging receptacle, when combined with the USB Power Delivery charging communication protocol, is capable of providing up to 100W of power and therefore leaves ample room for further development of fast charging solutions, while allowing the market to cater for low-end phonesradio equipment that do es not need fast charging. Mobile phones and similar rRadio equipment that supports fast charging can incorporate the USB Power Delivery features as described in standard EN IEC 62680-1-2:20201 ‘Universal serial bus interfaces for data and power - Part 1- 2: Common components - USB Power Delivery specification’.
Amendment 103 #
2021/0291(COD)
Proposal for a directive
Recital 13
Recital 13
(13) With respect to charging by means other than wired charging, disevergent solutions may be developed in the future, which may have negative impacts on interoperability, consumer convenience and the environmental technologies are present on the market already and other solutions may be developed in the future. Whilst it is may be premature to impose specific requirements on such solutions at this stage, the Commission should be able to take action towards harmonising theminteroperability requirements in the near future, if fragmentation on the internal market is observedn order to avoid negative impacts on interoperability, consumer convenience and the environment.
Amendment 118 #
2021/0291(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Directive 2014/53/EU
Article 3 – paragraph 3 – subparagraph 1 – point a
Article 3 – paragraph 3 – subparagraph 1 – point a
(a) in paragraph 3, first subparagraph, point (a), the comma and the phrase ‘, in particular with common chargers’ isare replaced by the phrase ‘other than the charging devices for the categories or classes of radio equipment, specified in Annex Ia, Part I, which are specifically referred to in paragraph 4 of this Article’ ;
Amendment 121 #
2021/0291(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Directive 2014/53/EU
Article 3 – paragraph 4 – subparagraph 1
Article 3 – paragraph 4 – subparagraph 1
Radio equipment falling within the categories or classes specified in Annex Ia, Part I shall be so constructed that it complies with the specifications on charging characteristics set out in that Annex for the relevant category or class of radio equipment.
Amendment 151 #
2021/0291(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2014/53/EU
Article 3 a – title
Article 3 a – title
Possibility for consumers and other end- users to acquire certain categories or classes of radio equipment without a charging device
Amendment 154 #
2021/0291(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2014/53/EU
Article 3 a – paragraph 1
Article 3 a – paragraph 1
Where an economic operator offers to consumers or other end- users the possibility to acquire radio equipment falling within the scope of Article 3(4) together with a charging device, the consumers and other end-users shall also be offered the possibility to acquire the radio equipment without any charging devicer.;
Amendment 183 #
2021/0291(COD)
Proposal for a directive
Annex I
Annex I
1. Hand-held mobile phones, tablets, digital cameras, headphones, headsetslaptops, tablets, keyboards, mice, screens, printers, digital cameras, headphones, headsets, earbuds, e-readers, portable navigations, sports equipment, lightning equipment, handheld videogame consoles and portable speakers, in so far as they are capable of being recharged via wired charging, shall:
Amendment 192 #
2021/0291(COD)
Proposal for a directive
Annex I
Annex I
Directive 2014/53/EU
Annex I a – Part I – paragraph 2 – introductory part
Annex I a – Part I – paragraph 2 – introductory part
2. Hand-held mobile phones, tablets, digital cameras, headphones, headsetslaptops, tablets, keyboards, mice, screens, printers, digital cameras, headphones, headsets, earbuds, e-readers, portable navigations, sports equipment, lightning equipment, handheld videogame consoles and portable speakers, in so far as they are capable of being recharged via wired charging at voltages higher than 5 volts or currents higher than 3 amperes or powers higher than 15 watts, shall:
Amendment 198 #
2021/0291(COD)
Proposal for a directive
Annex I
Annex I
Directive 2014/53/EU
Annex Ia – Part II – title
Annex Ia – Part II – title
INFORMATION ON SPECIFICATIONS RELATING TO CHARGING CAPABILITIES AND COMPATIBLE CHARGING DEVICES
Amendment 203 #
2021/0291(COD)
Proposal for a directive
Annex I
Annex I
Directive 2014/53/EU
Annex I a – Part II – paragraph 1 – point a
Annex I a – Part II – paragraph 1 – point a
(a) a description of the power requirements of the wired charging devices that can be used with that radio equipment, including the maximum power required to charge the radio equipment expressed in watts by displaying the text: “the minimum power delivered by the charger shall be equal to or higher thbetween [xx] Watts and [xx] Watts”. The number of watts should expressrespectively express the minimum power required by the radio equipment and the maximum power required by the radio equipment to achieve the maximum charging speed;
Amendment 27 #
2020/2019(INL)
Draft opinion
Paragraph 2
Paragraph 2
2. Welcomes efforts to bring transparency to advertising online and considers that further clarity and guidance islegislative measures are needed as regards professional diligence and to establish the obligations for platforms, including the obligation to identify those paying, directly or indirectly, for advertising, and those benefitting from a better positioning in a ranking of search results as a result of a payment; believes that where advertisers and intermediaries are established in a third country, they should designate a legal representative, established in the Union, who can be held accountable for the content of advertisements, in order to allow for consumer redress in the case of false or misleading advertisements;
Amendment 38 #
2020/2019(INL)
Draft opinion
Paragraph 3
Paragraph 3
3. Asks the Commission to clarify what sanctions or other restrictions those advertisement intermediaries and platforms should be subject to if they knowingly accept false or misleading advertisements; believes that online platforms should actively monitor the advertisements shown on their sites as well as fake reviews, in order to ensure they do not profit from false or misleading advertisements, including from influencer marketing content which is not being disclosed as sponsored; believes that platforms should also protect consumers from unsolicited commercial communications; underlines that advertisements for commercial products and services, and advertisements of a political or other nature are different in form and function and therefore should be subject to different guidelines and rules;
Amendment 45 #
2020/2019(INL)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Considers that the lack of transparency in the use of ‘chatbots’ is likely to cause difficulties for certain categories of particularly vulnerable people;
Amendment 47 #
2020/2019(INL)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Urges the Commission to introduce a requirement for websites and social media accounts to clearly and unequivocally state whether the user is interacting with artificial intelligence algorithms simulating a human conversation;
Amendment 49 #
2020/2019(INL)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Urges the Commission to assess the requirement for influencers to communicate in a clear, intelligible and visible manner at the start of the post whether the influencer was paid, directly or indirectly, or received products free of charge or at a discount for that post;
Amendment 50 #
2020/2019(INL)
Draft opinion
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. Calls on the Commission to promote technologies which protect the privacy of users in advertising, with a particular focus on the most vulnerable groups;
Amendment 86 #
2020/2018(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that the main principles of the E-Commerce Directive, such as the internal market clause, freedom of establishment and the prohibition on imposing a general monitoring obligation should be maintained; underlines that the principle of “what is illegal offline is also illegal online”, as well as the principles of consumer protection and user safety, should also become guiding principles of the future regulatory framework; asks the Commission to provide the necessary legal certainty regarding certain definitions contained in the E-Commerce Directive, such as 'active’ and ‘passive’ nature and the meaning of the purely 'technical nature' of service providers and to specify, therefore, which digital services actually fall within its scope;
Amendment 114 #
2020/2018(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Takes the view that a level playing field in the internal market between the platform economy and the "traditional" offline economy, based on the same rights and obligations for all interested parties - consumers and businesses - is needed; considers that social protection and social rights of workers, especially of platform or collaborative economy workers should be properly addressed in a specific instrument, accompanying the future regulatory framework, focusing on new transport services and short-term leases, necessitating legal certainty at European level and an approach that facilitates the sharing of platform data with market surveillance authorities;
Amendment 138 #
2020/2018(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Considers that the Digital Services Act should be based on public values of the Union protecting citizens’ rights, including measures to combat discrimination and embrace the most vulnerable, should aim to foster the creation of a rich and diverse online ecosystem with a wide range of online services, favourable digital environment and legal certainty to unlock the full potential of the Digital Single Market;
Amendment 150 #
2020/2018(INL)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Considers that the Digital Services Act provides an opportunity for the Union to shape the central aspects of the digital economy not only at Union level, such as green transition to a zero-carbon economy, but also be a standard-setter for the rest of the world;
Amendment 161 #
Amendment 181 #
2020/2018(INL)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recalls that recent scandals regarding data harvesting and selling, Cambridge Analytica, fake news, political advertising and manipulation, profiling and tracking techniques and a host of other online harms (from hate speech to the broadcast of terrorism) have shown the need to revisit the existing rules and reinforce fundamental rights;
Amendment 185 #
2020/2018(INL)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
Amendment 218 #
2020/2018(INL)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Considers that the current transparency and information requirements set out in the E-Commerce Directive on information society services providers and their business customers, and the minimum information requirements on commercial communications, should be substantially strengthened, ensuring their timely implementation and their compliance with the EU regulatory framework;
Amendment 225 #
2020/2018(INL)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission to require service providers to verify the information and identity of the business partners with whom they have a contractual commercial relationship, and to ensure that the information they provide is accurate and up-to-date, through robust control systems, based on business partner authentication and product or service verification; services should not be provided to business customers giving false identities;
Amendment 241 #
2020/2018(INL)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Commission to introduce enforceable obligations on internet service providers aimed at increasing transparency and information and ensuring that platforms are held accountable for misleading information, guarantees or statements; considers that these obligations should be enforced by appropriate, effective and dissuasive penalties, especially for repeated offences;
Amendment 295 #
2020/2018(INL)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Considers that lack of clarity regarding the use of ‘chatbots’ may cause distress to certain particularly vulnerable groups who are led to believe that they are communicating with a human being, especially if bots use colloquial expressions in order to generate engagement and empathy;
Amendment 313 #
2020/2018(INL)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Notes that there is no ‘one size fits all’ solution to all types of illegal and harmful content and cases of misinformation online; believes, however, that it is essential to distinguish between commercial content on the one hand and non-commercial content, such as posts from individual users, on the other and to adopt a more aligned approach at Union level, taking into account the different types of content, will makemaking the fight against illegal content more effective; considers that a clear and precise definition of what is meant by 'unlawful content' is needed;
Amendment 335 #
2020/2018(INL)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Considers that voluntary actions and self-regulation by online platforms across Europe have brought some benefits, but regards it as necessary to improve cooperation between the authorities and introduce additional codes of conduct, as well as additional measures are needed in order to ensure the swift detection and removal of illegal content online, without compromising the fundamental rights and freedoms of users;
Amendment 370 #
2020/2018(INL)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Stresses that maintaining safeguards from the legal liability regime for hosting intermediaries with regard to user-uploaded content and the general monitoring prohibition set out in Article 15 of the E-Commerce Directive are still relevant and need to be preserved; calls on hosting intermediaries to make their content moderation and illicit content removal tools available to market watchdogs and the Commission to facilitate the development of common standards and the creation of new analysis and review tools;
Amendment 400 #
2020/2018(INL)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. If one of the services provided by an online platform turns out to be an online marketplace as defined by the Omnibus Directive, the rules for online markets must be applied to that part of the business;
Amendment 402 #
2020/2018(INL)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Stresses that it is unacceptable that Union consumers are exposed to illegal and unsafe products, containing dangerous chemicals, as well as other safety hazards; considers the timely application of the E- Commerce Directive to be essential with regard to platform accountability for failure to remove or prevent access for illegal or unsafe products or to take swift and effective measures to prevent their reappearance if they are aware of them;
Amendment 419 #
2020/2018(INL)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Calls on the Commission to step up requirements for service providers to inform consumers promptly in the event of safety issues with products sold on their platforms and to consider, in consultation with service providers and market watchdogs, the introduction of efficient and reliable product certification procedures to prevent non-compliant products from being sold on the platform;
Amendment 437 #
2020/2018(INL)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Notes that, today, some markets are characterised by large platforms with significant network effects which are able to act as de facto “online gatekeepers” of the digital economy; calls on the Commission to draw up a definition of a 'systemic platform' on the basis of clear and measurable economic indicators in order to determine, for example, whether stricter accountability is justified;
Amendment 446 #
2020/2018(INL)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Considers that by reducing barriers to market entry and by regulating large platforms, an internal market instrument imposing ex-ante regulatory remedies on these large platforms, especially regarding data-sharing issues, interoperability, open protocols and standards, digital identity and dominant internal market positions, has the potential to open up markets to new entrants, including SMEs and start-ups, thereby promoting consumer choice and driving innovation beyond what can be achieved by competition law enforcement alone;
Amendment 10 #
2020/2017(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes that the Commission has proposed to rapidly deploy products and services that rely on AI in areas of public interest and the public sector; emphasises that in the education sector, this deployment should be accompanied by an ongoing review and updating of the relevant sectoral rules and should involve educators, learners and wider society and take their needs, their real opportunities and the expected benefits into account in order to ensure that AI is used purposefully and ethically, in a way that ensures the utmost protection of fundamental rights and ensures that human beings are, ultimately, always able to control and correct the system's decisions;
Amendment 26 #
2020/2017(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on the Commission to include the education sector in the regulatory framework for high-risk AI applications given the importance of ensuring that education continues to contribute to the public good and given the high sensitivity of data on pupils, students and other learners; points out, accordingly, that appropriate conformity assessments are needed, to verify and ensure that all the provisions concerning high-risk applications are complied with, including test, inspection and certification requirements; underlines that data sets used to train AI should be reviewed, to ensure that they are reliable and accurate, to avoid reinforcing gender stereotypes and other biases based on gender, ethnic and racial origin, religion or beliefs, disability, age or sexual orientation;
Amendment 31 #
2020/2017(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. CEmphasises that in the education sector, the roll-out of AI-based products and services should be accompanied by an ongoing review and updating of the relevant sectoral rules and should involve educators, learners and society as a whole and take their needs, their real possibilities and the expected benefits into account in order to ensure that AI is used purposefully and ethically, in a way that guarantees the utmost protection of fundamental rights and ensures that human beings are, ultimately, always able to check and correct the system's decisions; considers that AI has great potential to promote gender equality provided that conscious and unconscious bias are eliminated; stresses the need for AI to respect the principles and values of equality and non-discrimination between women and men; stresses, further, the importance of a risk-based approach and of continuous monitoring of existing and new algorithms;
Amendment 42 #
2020/2017(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Urges the Commission to preserve and promote the plurality of reference theories upon which to base the development of AI systems;
Amendment 46 #
2020/2017(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Expresses concern over the use, in some local areas, of AI applications for remote biometric identification purposes; points out that the use of intrusive surveillance technologies, particularly in high-risk sectors such as education, may infringe fundamental rights as it implies the use of sensitive data;
Amendment 56 #
2020/2017(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Expresses its concern that schools and other public education providers are becoming increasingly dependent on educational technology services, including AI applications, provided by just a few technology companies; stresses that this may lead to unequal access to data and limit competition by restricting consumer choice; calls for this data to be accessible, interoperable and of high quality, and to be shared with the relevant public authorities so it can be used in the development of curricula and pedagogical practices (in particular since these services are purchased with public money or offered to public education providers for free, and because education is a common good);
Amendment 67 #
2020/2017(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses, given the highly sensitive nature of the data concerning pupils, students and other learners, the need for appropriate conformity assessments to verify and ensure that all the provisions concerning high-risk applications are complied with, including test, inspection and certification requirements; emphasises that data sets used to train AI systems should be reviewed to ensure that they are reliable and accurate, to avoid reinforcing gender stereotypes and other biases based on gender, ethnic and racial origin, religion or beliefs, disability, age or sexual orientation;
Amendment 70 #
2020/2017(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Expresses concern at the use, in some local areas, of AI applications for remote biometric identification purposes; points out that the use of intrusive surveillance technologies, particularly in high-risk sectors such as education, may infringe fundamental rights, as it involves the use of sensitive data;
Amendment 72 #
2020/2017(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses the need for diverse teams of developers and engineers working alongside the main actors in the educational, cultural and audiovisual sector in order to prevent gender and cultural bias being inadvertently included in AI algorithms, systems and applications. urges the Commission to preserve and promote the plurality of reference theories on which the development of AI systems is based;
Amendment 74 #
2020/2017(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Stresses the importance of putting in place a proper framework for the public procurement of such services for the public sector, including for education providers, to ensure maximum transparency, consumer choice and the respect of fundamental rights; stresses the need for public buyers to take into account specific criteria, such as non-discrimination, environmental sustainability and data privacy, and, specifically when purchasing services for public education providers, the involvement of educators and learners;
Amendment 194 #
2020/0361(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) As Party to the United Nations Convention on the Rights of Persons with Disabilities (UN CRPD), provisions of the Convention are integral part of the Union legal order and binding upon the Union and its Member States. The UN CRPD requires its Parties to take appropriate measures to ensure that persons with disabilities have access, on an equal basis with others, to information and communications technologies and systems, and other facilities and services open or provided to the public, both in urban and in rural areas. General Comment No2 to the UN CRPD further states that “The strict application of universal design to all new goods, products, facilities, technologies and services should ensure full, equal and unrestricted access for all potential consumers, including persons with disabilities, in a way that takes full account of their inherent dignity and diversity.” Given the ever-growing importance of digital services and platforms in private and public life, in line with the obligations enshrined in the UN CRPD, the EU must ensure a regulatory framework for digital services which protects rights of all recipients of services, including persons with disabilities.
Amendment 199 #
2020/0361(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) Given the cross-border nature of the services at stake, Union action to harmonise accessibility requirements for intermediary services across the internal market is vital to avoid market fragmentation and ensure that equal right to access and choice of those services by all consumers and other recipients of services, including by persons with disabilities, is protected throughout the Union. Lack of harmonised accessibility requirements for digital services and platforms will also create barriers for the implementation of existing Union legislation on accessibility, as many of the services falling under those laws will rely on intermediary services to reach end- users. Therefore, accessibility requirements for intermediary services, including their user interfaces, must be consistent with existing Union accessibility legislation, such as the European Accessibility Act and the Web Accessibility Directive, so that no one is left behind as result of digital innovation. This aim is in line with the Union of Equality: Strategy for the Rights of Persons with Disabilities 2021-2030 and the Union’s commitment to the United Nations’ Sustainable Development Goals.
Amendment 201 #
2020/0361(COD)
Proposal for a regulation
Recital 5 b (new)
Recital 5 b (new)
(5b) The notions of ‘access’ or ‘accessibility’ are often referred to with the meaning of affordability (financial access), availability, or in relation to access to data, use of network, etc. It is important to distinguish these from ‘accessibility for persons with disabilities’ which means that services, technologies and products are perceivable, operable, understandable and robust for persons with disabilities.
Amendment 221 #
2020/0361(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) It should be clarified that this Regulation is without prejudice to the rules of Union law on copyright and related rights, in particular Directive (EU) 2019/790 on Copyright and Related Rights in Digital Single Market, which establish specific rules and procedures that should remain unaffected.
Amendment 225 #
2020/0361(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to achieve the objective of ensuring a safe, predictable and trusted online environment, for the purpose of this Regulation the concepts of “illegal content” and “illegal goods” should underpin the general idea that what is illegal offline should also be illegal online. The concepts should be defined broadly and alsto covers information relating to illegal content, products, services and activities. In particular, thate concepts should be understood to refer to information, irrespective of its form, that under the applicable law is either itself illegal, such as illegal hate speech or terrorist content and unlawful discriminatory content, or that is not in compliance with Union law since it relates to activities that are illegal, such as the sharing of images depicting child sexual abuse, unlawful non- consensual sharing of private images, online stalking, the sale of non-compliant or counterfeit products, the non-authorised use of copyright protected material or activities involvingsale of products or the provision of services in infringements of consumer protection law, the non-authorised use of copyright protected material. In this regard, it is immaterial whether the illegality of the information or activity results from Union law or from national law that is consistent with Union law and what the precise nature or subject matter is of the law in question.
Amendment 227 #
2020/0361(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to achieve the objective of ensuring a safe, predictable and trusted online environment, for the purpose of this Regulation the concept of “illegal content” should be defined broadly and also covers information relating to illegal content, products, services and activities. In particular, that concept should be understood to refer to information, irrespective of its form, that under the applicable lawUnion or national law as a result of its display on an intermediary service is either itself illegal, such as illegal hate speech or terrorist content and unlawful discriminatory content, or that relates to activities that are illegaldue to its direct connection to or promotion of an illegal activity, such as the sharing of images depicting child sexual abuse, unlawful non- consensual sharing of private images, online stalking, the sale of non- compliant or counterfeit products, illegal trading of animals, plants and substances, the non-authorised use of copyright protected material or activities involving infringements of consumer protection law. In this regard, it is immaterial whether the illegality of the information or activity results from Union law or from national law that is consistent with Union law and what the precise nature or subject matter is of the law in question.
Amendment 230 #
2020/0361(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to achieve the objective of ensuring a safe, predictable and trusted online environment, for the purpose of this Regulation the concept of “illegal content” should be defined broadly and also covers information relating to illegal content, products, services and activities. In particular, that concept should be understood to refer to information, irrespective of its form, that under the applicable law is either itself illegal, such as illegal hate speech or terrorist content and unlawful discriminatory content, or that relates to activities that are illegal, such as the sharing of images depicting child sexual abuse, unlawful non- consensual sharing of private images, online stalking, the sale of non-compliant or counterfeit products, the non-authorised use of copyright protected material or activities involving infringements of consumer protection law. In this regard, it is immaterial whether the illegality of the information or activity results from Union law or from national law that is consistent with Union law, including the EU Charter on Fundamental Rights and what the precise nature or subject matter is of the law in question.
Amendment 239 #
2020/0361(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Considering the particular characteristics of the services concerned and the corresponding need to make the providers thereof subject to certain specific obligations, it is necessary to distinguish, within the broader category of providers of hosting services as defined in this Regulation, the subcategory of online platforms. Online platforms, such as social networks, content-sharing platforms, search engines, livestreaming platforms, messaging services or online marketplaces, should be defined as providers of hosting services that not only store information provided by the recipients of the service at their request, but that also disseminate that information to the public, again at their request. However, in order to avoid imposing overly broad obligations, providers of hosting services should not be considered as online platforms where the dissemination to the public is merely a minor and purely ancillary feature of another service and that feature cannot, for objective technical reasons, be used without that other, principal service, and the integration of that feature is not a means to circumvent the applicability of the rules of this Regulation applicable to online platforms. For example, the comments section in an online newspaper could constitute such a feature, where it is clear that it is ancillary to the main service represented by the publication of news under the editorial responsibility of the publisher.
Amendment 322 #
2020/0361(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) Depending on the legal system of each Member State and the field of law at issue, national judicial or administrative authorities may order providers of intermediary services to act against certain specific items of illegal content or to provide certain specific items of information. The national laws in conformity with the Union law, including the EU Charter on Fundamental Rights on the basis of which such orders are issued differ considerably and the orders are increasingly addressed in cross-border situations. In order to ensure that those orders can be complied with in an effective and efficient manner, so that the public authorities concerned can carry out their tasks and the providers are not subject to any disproportionate burdens, without unduly affecting the rights and legitimate interests of any third parties, it is necessary to set certain conditions that those orders should meet and certain complementary requirements relating to thensure the effective processing of those orders.
Amendment 339 #
2020/0361(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) Orders to act against illegal content and to provide information are subject to the rules safeguarding the competence of the Member State where the service provider addressed is established and laying down possible derogations from that competence in certain cases, set out in Article 3 of Directive 2000/31/EC, only if the conditions of that Article are met. Given that the orders in question relate to specific items of illegal content and information as defined in Union or national law in conformity with the Union law, including the EU Charter on Fundamental Rights, respectively, where they are addressed to providers of intermediary services established in another Member State, they do not in principle restrict those providers’ freedom to provide their services across borders. Therefore, the rules set out in Article 3 of Directive 2000/31/EC, including those regarding the need to justify measures derogating from the competence of the Member State where the service provider is established on certain specified grounds and regarding the notification of such measures, do not apply in respect of those orders.
Amendment 349 #
2020/0361(COD)
Proposal for a regulation
Recital 34 a (new)
Recital 34 a (new)
(34a) The lack of clarity in the use of so- called chatbots is capable of causing discomfort in some categories of particularly vulnerable people. Therefore, it should be explicitly indicated when a user interfaces with chatbots, to ensure a safe and transparent online environment.
Amendment 355 #
2020/0361(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) In order to facilitate smooth and efficient communications relating to matters covered by this Regulation, providers of intermediary services should be required to establish a single point of contact and to publish relevant information relating to their point of contact, including the languages to be used in such communications. The point of contact can also be used by trusted flaggers and by professional entities which are under a specific relationship with the provider of intermediary services. This contact point maybe the same contact point as required under other Union acts. In contrast to the legal representative, the point of contact should serve operational purposes and should not necessarily have to have a physical location .
Amendment 377 #
2020/0361(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) Providers of hosting services play a particularly important role in tackling illegal content online, as they store information provided by and at the request of the recipients of the service and typically give other recipients access thereto, sometimes on a large scale. It is important that all providers of hosting services, regardless of their size, put in place user-friendly notice and action mechanisms that facilitate the notification of specific items of information that the notifying party considers to be illegal content to the provider of hosting services concerned ('notice'), pursuant to which that provider can decide whether or not it agrees with that assessment and wishes to remove or disable access to that content ('action'). Provided the requirements on notices are met, it should be possible for individuals or entities to notify multiple specific items of allegedly illegal content through a single notice. The obligation to put in place notice and action mechanisms should apply, for instance, to file storage and sharing services, web hosting services, advertising servers and paste bins, in as far as they qualify as providers of hosting services covered by this Regulation. Furthermore, the notice and action mechanism should be complemented by ‘stay down’ provisions whereby providers of hosting services should demonstrate their best efforts in order to prevent from reappearing content which is identical to another piece of content that has already been identified and removed by them as illegal. The application of this requirement should not lead to any general monitoring obligation.
Amendment 394 #
2020/0361(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) Where a hosting service provider decides to remove or disable information provided by a recipient of the service, for instance following receipt of a notice or acting on its own initiative, including through the use of automated means, that have been proven to be efficient, proportionate and reliable, that provider should inform the recipient of its decision, the reasons for its decision and the available redress possibilities to contest the decision, in view of the negative consequences that such decisions may have for the recipient, including as regards the exercise of its fundamental right to freedom of expression. That obligation should apply irrespective of the reasons for the decision, in particular whether the action has been taken because the information notified is considered to be illegal content or incompatible with the applicable terms and conditions. Available recourses to challenge the decision of the hosting service provider should always include judicial redress.
Amendment 423 #
2020/0361(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) The misuse of services of online platforms by frequently providing manifestly illegal content or by frequently submitting manifestly unfounded notices or complaints under the mechanisms and systems, respectively, established under this Regulation undermines trust and harms the rights and legitimate interests of the parties concerned. Therefore, there is a need to put in place appropriate and, proportionate and effective safeguards against such misuse. Information should be considered to be manifestly illegal content and notices or complaints should be considered manifestly unfounded where it is evident to a layperson, without any substantive analysis, that the content is illegal respectively that the notices or complaints are unfounded. Under certain conditions, online platforms should temporarily suspend their relevant activities in respect of the person engaged in abusive behaviour. This is without prejudice to the freedom by online platforms to determine their terms and conditions and establish stricter measures in the case of manifestly illegal content related to serious crimes. For reasons of transparency, this possibility should be set out, clearly and in sufficiently detail, in the terms and conditions of the online platforms. Redress should always be open to the decisions taken in this regard by online platforms and they should be subject to oversight by the competent Digital Services Coordinator. The rules of this Regulation on misuse should not prevent online platforms from taking other measures to address the provision of illegal content by recipients of their service or other misuse of their services, in accordance with the applicable Union and national law. Those rules are without prejudice to any possibility to hold the persons engaged in misuse liable, including for damages, provided for in Union or national law.
Amendment 429 #
2020/0361(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) An online platform may in some instances become aware, such as through a notice by a notifying party or through its own voluntary measures, of information relating to certain activity of a recipient of the service, such as the provision of certain types of illegal content, that reasonably justify, having regard to all relevant circumstances of which the online platform is aware, the suspicion that the recipient may have committed, may be committing or is likely to commit a serious criminal offence involving a threat to the life or safety of person, notably when it concerns vulnerable users, such as offences specified in Directive 2011/93/EU of the European Parliament and of the Council44 . In such instances, the online platform should inform without delay the competent law enforcement authorities of such suspicion, providing all relevant information available to it, including where relevant the content in question and an explanation of its suspicion. This Regulation does not provide the legal basis for profiling of recipients of the services with a view to the possible identification of criminal offences by online platforms. Online platforms should also respect other applicable rules of Union or national law for the protection of the rights and freedoms of individuals when informing law enforcement authorities. __________________ 44Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA (OJ L 335, 17.12.2011, p. 1).
Amendment 440 #
2020/0361(COD)
Proposal for a regulation
Recital 49 a (new)
Recital 49 a (new)
(49a) It is necessary to combat forms of misleading communication, to ensure a safe and transparent online environment capable of instilling trust in the user. In this regard, the recipient of the service must be able to access the timeline and check for any change to the content with which the user interacts, in particular posts, comments, descriptions or prices of a product.
Amendment 441 #
2020/0361(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) To ensure an efficient and adequate application of that obligation, without imposing any disproportionate burdens, the online platformproviders of online marketplaces covered should make reasonable efforts to verify the reliability of the information provided by the traders concerned, in particular by using freely available official online databases and online interfaces, such as national trade registers and the VAT Information Exchange System45 , or by requesting the traders concerned to provide trustworthy supporting documents, such as copies of identity documents, certified bank statements, company certificates and trade register certificates. They may also use other sources, available for use at a distance, which offer a similar degree of reliability for the purpose of complying with this obligation. However, the online platformproviders of online marketplaces covered should not be required to engage in excessive or costly online fact-finding exercises or to carry out verifications on the spot. Nor should such online platformproviders, which have made the reasonable efforts required by this Regulation, be understood as guaranteeing the reliability of the information towards consumer or other interested parties. Such online platformProviders of online marketplaces should also design and organise their online interface in a user- friendly way that enables traders to comply with their obligations under Union law, in particular the requirements set out in Articles 6 and 8 of Directive 2011/83/EU of the European Parliament and of the Council46 , Article 7 of Directive 2005/29/EC of the European Parliament and of the Council47 and Article 3 of Directive 98/6/EC of the European Parliament and of the Council48 . The online interface should allow traders to provide the information referred to in Article 22a of this Regulation, the information referred to in Article 6 of Directive 2011/83/EU on Consumers Rights, information on sustainability of products, and information allowing for the unequivocal identification of the product or the service, including labelling requirements, in compliance with legislation on product safety and product compliance. __________________ 45 https://ec.europa.eu/taxation_customs/vies/ vieshome.do?selectedLanguage=en 46Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council 47Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to- consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) 48Directive 98/6/EC of the European Parliament and of the Council of 16 February 1998 on consumer protection in the indication of the prices of products offered to consumers
Amendment 448 #
2020/0361(COD)
Proposal for a regulation
Recital 50 a (new)
Recital 50 a (new)
(50a) The online interface of online marketplace should allow traders to provide the information referred to in Article 22a of this Regulation and any other information where needed and necessary to allow for the unequivocal identification of the product or the service, including labelling requirements, in compliance with legislation on product safety and product compliance. Providers of online marketplaces, when they become aware that a product or services is illegal, should inform recipients who have acquired the product or services through their marketplace of this fact and any possible redress.
Amendment 456 #
2020/0361(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) Online advertisement plays an important role in the online environment, including in relation to the provision of the services of online platforms. However, online advertisement can contribute to significant risks, ranging from advertisement that is itself illegal content, to contributing to financial incentives for the publication or amplification of illegal or otherwise harmful content and activities online, or the discriminatory display of advertising with an impact on the equal treatment and opportunities of citizens. In addition to the requirements resulting from Article 6 of Directive 2000/31/EC, online platforms should therefore be required to ensure that the recipients of the service have certain individualised information necessary for them to understand when and on whose behalf the advertisement is displayed. In addition, recipients of the service should have an easy access to information on the main parameters used for determining that specific advertising is to be displayed to them, providing meaningful explanations of the logic used to that end, including when this is based on profiling. The requirements of this Regulation on the provision of information relating to advertisement is without prejudice to the application of the relevant provisions of Regulation (EU) 2016/679, in particular those regarding the right to object, automated individual decision- making, including profiling and specifically the need to obtain consent of the data subject prior to the processing of personal data for targeted advertising. Similarly, it is without prejudice to the provisions laid down in Directive 2002/58/EC in particular those regarding the storage of information in terminal equipment and the access to information stored therein.
Amendment 457 #
2020/0361(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) Online advertisement plays an important role in the online environment, including in relation to the provision of the services of online platforms. However, online advertisement can contribute to significant risks, ranging from advertisement that is itself illegal content, to contributing to financial incentives for the publication or amplification of illegal or otherwise harmful content and activities online, or the discriminatory display of advertising with an impact on the equal treatment and opportunities of citizens. In addition to the requirements resulting from Article 6 of Directive 2000/31/EC, online platforms should therefore be required to ensure that the recipients of the service have certain individualised information necessary for them to understand when and on whose behalf the advertisement is displayed. In addition, recipients of the service should have an easy access to information on the main parameters used for determining that specific advertising is to be displayed to them, providing meaningful explanations of the logic used to that end, including when this is based on profiling. The requirements of this Regulation on the provision of information relating to advertisement is without prejudice to the application of the relevant provisions of Regulation (EU) 2016/679, in particular those regarding the right to object, automated individual decision- making, including profiling and specifically the need to obtain consent of the data subject prior to the processing of personal data for targeted advertising. Similarly, it is without prejudice to the provisions laid down in Directive 2002/58/EC in particular those regarding the storage of information in terminal equipment and the access to information stored therein.
Amendment 463 #
2020/0361(COD)
Proposal for a regulation
Recital 52 a (new)
Recital 52 a (new)
(52a) Given the necessity to increase the transparency of online advertising and to combat scams and hidden marketing techniques, influencers and other actors should communicate in a clear, intelligible and visible way at the beginning of the post whether they were paid, directly or indirectly, or received free products for that post.
Amendment 467 #
2020/0361(COD)
Proposal for a regulation
Recital 53
Recital 53
(53) Given the importance of very large online platforms, due to their reach, in particular as expressed in number of recipients of the service, in facilitating public debate, economic transactions and the dissemination of information, opinions and ideas and in influencing how recipients obtain and communicate information online, it is necessary to impose specific obligations on those platforms, in addition to the obligations applicable to all online platforms. Those additional obligations on very large online platforms are necessary to address those public policy concerns, including regarding misleading information or any other types of harmful content there being no alternative and less restrictive measures that would effectively achieve the same result.
Amendment 484 #
2020/0361(COD)
Proposal for a regulation
Recital 58
Recital 58
(58) Very large online platforms should deploy the necessary means to diligently mitigate the systemic risks identified in the risk assessment. Very large online platforms should under such mitigating measures consider, for example, enhancing or otherwise adapting the design and functioning of their content moderation, algorithmic recommender systems and online interfaces, so that they discourage and limit the dissemination of illegal content, adapting their decision-making processes, or adapting their terms and condition and intentional manipulation and exploitation of the service, including amplification of harmful content, adapting their decision-making processes, or adapting their terms and conditions, as well as making content moderation policies and the way they are enforced fully transparent for the users. They may also include corrective measures, such as discontinuing advertising revenue for specific content, or other actions, such as improving the visibility of authoritative information sources. Very large online platforms may reinforce their internal processes or supervision of any of their activities, in particular as regards the detection of systemic risks. They may also initiate or increase cooperation with trusted flaggers, organise training sessions and exchanges with trusted flagger organisations, and cooperate with other service providers, including by initiating or joining existing codes of conduct or other self-regulatory measures. Any measures adopted should respect the due diligence requirements of this Regulation and be effective and appropriate for mitigating the specific risks identified, in the interest of safeguarding public order, protecting privacy and fighting fraudulent and deceptive commercial practices, and should be proportionate in light of the very large online platform’s economic capacity and the need to avoid unnecessary restrictions on the use of their service, taking due account of potential negative effects on the fundamental rights of the recipients of the service.
Amendment 495 #
2020/0361(COD)
Proposal for a regulation
Recital 62
Recital 62
(62) A core part of a very large online platform’s business is the manner in which information is prioritised and presented on its online interface to facilitate and optimise access to information for the recipients of the service. This is done, for example, by algorithmically suggesting, ranking and prioritising information, distinguishing through text or other visual representations, or otherwise curating information provided by recipients. Such recommender systems can have a significant impact on the ability of recipients to retrieve and interact with information online. They also play an important role in the amplification of certain messages, the viral dissemination of information and the stimulation of online behaviour. Moreover, these recommender systems can also impact media consumption and cultural practices of users, and may risk locking them into a bubble without providing them with the possibility to open up to other content. Consequently, very large online platforms should ensure that recipients are appropriately informed, and can influence the information presented to them. They should clearly present the main parameters for such recommender systems in an easily comprehensible manner to ensure that the recipients understand how information is prioritised for them. They should also ensure that the recipients enjoy alternative options for the main parameters, including options that are not based on profiling of the recipient.
Amendment 499 #
2020/0361(COD)
Proposal for a regulation
Recital 63
Recital 63
(63) Advertising systems used by very large online platforms pose particular risks and require further public and regulatory supervision on account of their scale and ability to target and reach recipients of the service based on their behaviour within and outside that platform’s online interface. Very large online platforms should ensure public access to repositories of advertisements displayed on their online interfaces to facilitate supervision and research into emerging risks brought about by the distribution of advertising online, for example in relation to illegal advertisements or manipulative techniques and disinformation with a real and foreseeable negative impact on public health, public security, civil discourse, political participation and equality. Repositories should include the content of advertisements and related data on the advertiser and the delivery of the advertisement, in particular where targeted advertising is concerned. In addition, very large online platforms should label any known deep fake videos, audio or other files.
Amendment 503 #
2020/0361(COD)
Proposal for a regulation
Recital 64
Recital 64
(64) In order to appropriately supervise the compliance of very large online platforms with the obligations laid down by this Regulation, the Digital Services Coordinator of establishment or the Commission may require access to or reporting of specific data. Such a requirement may include, for example, the data necessary to assess the risks and possible harms, such as the dissemination of illegal and amplification of harmful content brought about by the platform’s systems, data on the accuracy, functioning and testing of algorithmic systems for content moderation, recommender systems or advertising systems, or data on processes and outputs of content moderation or of internal complaint- handling systems within the meaning of this Regulation. Investigations by researchers on the evolution and severity of online systemic risks are particularly important for bridging information asymmetries and establishing a resilient system of risk mitigation, informing online platforms, Digital Services Coordinators, other competent authorities, the Commission and the public. This Regulation therefore provides a framework for compelling access to data from very large online platforms to vetted researchers. All requirements for access to data under that framework should be proportionate and appropriately protect the rights and legitimate interests, including trade secrets and other confidential information, of the platform and any other parties concerned, including the recipients of the service.
Amendment 516 #
2020/0361(COD)
Proposal for a regulation
Recital 67
Recital 67
(67) The Commission and the Board should encourage the drawing-up of codes of conduct to contribute to the application of this Regulation, as well as the compliance of online platforms with the provisions of these codes. While the implementation of codes of conduct should be measurable and subject to public oversight, this should not impair the voluntary nature of such codes and the freedom of interested parties to decide whether to participate. In certain circumstances, it is important that very large online platforms cooperate in the drawing-up and adhere to specific codes of conduct. Nothing in this Regulation prevents other service providers from adhering to the same standards of due diligence, adopting best practices and benefitting from the guidance provided by the Commission and the Board, by participating in the same codes of conduct.
Amendment 522 #
2020/0361(COD)
Proposal for a regulation
Recital 68
Recital 68
(68) It is appropriate that this Regulation identify certain areas of consideration for such codes of conduct. In particular, risk mitigation measures concerning specific types of illegal content should be explored via self- and co-regulatory agreements. Another area for consideration is the possible negative impacts of systemic risks on society and democracy, such as disinformation, harmful content or manipulative and abusive activities. This includes coordinated operations aimed at amplifying information, including disinformation, such as the use of bots or fake accounts for the creation of fake or misleading information, sometimes with a purpose of obtaining economic gain, which are particularly harmful for vulnerable recipients of the service, such as children. In relation to such areas, adherence to and compliance with a given code of conduct by a very large online platform may be considered as an appropriate risk mitigating measure. The refusal without proper explanations by an online platform of the Commission’s invitation to participate in the application of such a code of conduct could be taken into account, where relevant, when determining whether the online platform has infringed the obligations laid down by this Regulation.
Amendment 608 #
2020/0361(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
(b) set out uniform harmonised rules for a safe, predictable, accessible and trusted online environment, where fundamental rights enshrined in the Charter are effectively protected.
Amendment 623 #
2020/0361(COD)
Proposal for a regulation
Article 1 – paragraph 5 – introductory part
Article 1 – paragraph 5 – introductory part
5. This Rregulation and its exception of liability of digital operators is without any prejudice to and does not hinder future regulation of in the rules laid down by the following:
Amendment 631 #
2020/0361(COD)
Proposal for a regulation
Article 1 – paragraph 5 – point c
Article 1 – paragraph 5 – point c
(c) Union law on copyright and related rights, in particular Directive (EU) 2019/790 on Copyright and Related Rights in Digital Single Market;
Amendment 632 #
2020/0361(COD)
Proposal for a regulation
Article 1 – paragraph 5 – point c
Article 1 – paragraph 5 – point c
(c) Union law on copyright and related rights, in particular Directive (EU) 2019/790 on Copyright and Related Rights in Digital Single Market;
Amendment 634 #
2020/0361(COD)
Proposal for a regulation
Article 1 – paragraph 5 – point h
Article 1 – paragraph 5 – point h
(h) Union law on consumer protection and product safety, including Regulation (EU) 2017/2394, Regulation (EU) 2019/1020 and Regulation XXX (General Product Safety Regulation);
Amendment 638 #
2020/0361(COD)
Proposal for a regulation
Article 1 – paragraph 5 – point i a (new)
Article 1 – paragraph 5 – point i a (new)
(ia) Directive (EU) 2019/882
Amendment 642 #
2020/0361(COD)
Proposal for a regulation
Article 1 – paragraph 5 a (new)
Article 1 – paragraph 5 a (new)
5a. The Commission shall by [within one year of the adoption of this Regulation] publish guidelines with regards to the relations between this Regulation and those legislative acts listed in Article 1(5). These guidelines shall clarify any potential conflicts between the conditions and obligations enlisted in these legislative acts and which act prevails where actions, in line with this Regulation, fulfil the obligations of another legislative act and which regulatory authority is competent.
Amendment 650 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) ‘consumer’ means any natural person who is acting for purposes which are outside his or her trade, business, craft, or profession;
Amendment 742 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point q b (new)
Article 2 – paragraph 1 – point q b (new)
(qb) ‘persons with disabilities’ means persons with disabilities within the meaning of Article 3(1) of Directive (EU) 2019/882
Amendment 745 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point q c (new)
Article 2 – paragraph 1 – point q c (new)
(qc) ‘deep fake’ means a generated or manipulated image, audio or video content that appreciably resembles existing persons, objects, places or other entities or events and falsely appears to a person to be authentic or truthful.
Amendment 813 #
2020/0361(COD)
Proposal for a regulation
Article 8 – paragraph 1 e (new)
Article 8 – paragraph 1 e (new)
1e. Paragraphs 1b and 1c shall not apply in the case of very large online platforms or where a content is manifestly illegal under Union law.
Amendment 850 #
2020/0361(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. The conditions and requirements laid down in this article shall be without prejudice to requirements under national criminal procedural law in conformity with Union law, including the EU Charter on Fundamental Rights.
Amendment 891 #
2020/0361(COD)
Proposal for a regulation
Chapter III – title
Chapter III – title
Due diligence oObligations for a transparent, accessible and safe online environment
Amendment 931 #
2020/0361(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Providers of intermediary services shall include information on any restrictions that they impose in relation to the use of their service in respect of information provided by the recipients of the service, in their terms and conditions. That information shall include information on any policies, procedures, measures and tools used by the provider of the intermediary service for the purpose of content moderation, including algorithmic decision-making and human review. It shall be set out in clear and unambiguous language and shall be publicly available in an easily accessible, machine-readable format.
Amendment 935 #
2020/0361(COD)
Proposal for a regulation
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
Amendment 939 #
2020/0361(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Providers of intermediary services shall act in a diligent, objective and proportionatenon- arbitrary manner in applying and enforcing the restrictions referred to in paragraph 1, with due regard to the rights and legitimate interests of all parties involved, including the applicable fundamental rights of the recipients of the service as enshrined in the Charter and, where applicable, any community or other standards created by recipients of the service.
Amendment 966 #
2020/0361(COD)
Proposal for a regulation
Article 12 a (new)
Article 12 a (new)
Article 12a General Risk Assessment and Mitigation Measures 1. Providers of intermediary services shall identify, analyse and assess, at least once and at each significant revision of a service thereafter, the potential misuse or other risks stemming from the functioning and use made of their services in the Union. Such a general risk assessment shall be specific to their services and shall include at least risks related to the dissemination of illegal content through their services and any contents that might have a negative effect on potential recipients of the service, especially minors and gender equality. 2. Providers of intermediary services which identify potential risks shall, wherever possible, attempt to put in place reasonable, proportionate and effective mitigation measures in line with their terms and conditions. 3. Where the identified risk relates to minors, without regard to if the child is acting with respect to the terms and conditions, mitigation measures shall include, taking into account the industry standards referred to in Article 34, where needed and applicable: (a) adapting content moderation or recommender systems, their decision- making processes, the features or functioning of their services, or their terms and conditions to ensure those prioritise the best interests of the child; (b) adapting or removing system design features that expose or promote to children to content, contact, conduct and contract risks; (c) ensuring the highest levels of privacy, safety, and security by design and default for children including any profiling or use of data for commercial purposes; (d) if a service is targeted at children, provide child-friendly mechanisms for remedy and redress, including easy access to expert advice and support. 4. Providers of intermediary services shall, upon request, explain to the Digital Services Coordinator of the Member State of establishment, how it undertook this risk assessment and what voluntary mitigation measures it undertook.
Amendment 967 #
2020/0361(COD)
Proposal for a regulation
Article 12 a (new)
Article 12 a (new)
Article 12a General Risk Assessment and Mitigation Measures 1. Providers of intermediary services shall identify, analyse and assess, at least once and at each significant revision of a service thereafter, the potential misuse or other risks stemming from the functioning and use made of their services in the Union. Such a general risk assessment shall be specific to their services and shall include at least risks related to the dissemination of illegal content through their services and any contents that might have a negative effect on potential recipients of the service, especially minors. 2. Providers of intermediary services which identify potential risks shall. wherever possible, attempt to put in place reasonable, proportionate and effective mitigation measures in line with their terms and conditions. 3. Where the identified risk relations to minor recipients of the service, without regard to if the minor is acting with respect to the terms and conditions, mitigation measures shall include, where needed and applicable: (a) adapting content moderation or recommender systems, their decision- making processes, the features or functioning of their services, or their terms and conditions to ensure those prioritise the best interests of the minor; (b) adapting or removing system design features that expose or promote to minors to content, contact, conduct and contract risks; (c) ensuring the highest levels of privacy, safety, and security by design and default for users under the age of 16, including any profiling or use of data for commercial purposes; (d) if a service is targeted at minors, provide child-friendly mechanisms for remedy and redress, including easy access to expert advice and support. 4. Providers of intermediary services shall, upon request, explain to the Digital Services Coordinator of the Member State of establishment, how they undertook this risk assessment and what voluntary mitigation measures they undertook.
Amendment 976 #
2020/0361(COD)
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
1. Providers of intermediary services shall publish, at least once a year, clear, easily accessible, comprehensible, and detailed reports on any content moderation they engaged in during the relevant period. The reports shall be available in searchable archives. Those reports shall include, in particular, information on the following, as applicable:
Amendment 977 #
2020/0361(COD)
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
1. Providers of intermediary services shall publish, at least once a year, clear, easily comprehensible and detailed reports to their Digital Services Coordinator of establishment on any content moderation they engaged in during the relevant period. Those reports shall include, in particular, information on the following, as applicable:
Amendment 983 #
2020/0361(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) the number of notices submitted in accordance with Article 14, categorised by the type of alleged illegal content concerned, the number of notices submitted by trusted flaggers, any action taken pursuant to the notices by differentiating whether the action was taken on the basis of the law or the terms and conditions of the provider, and the average time needed for taking the action; Providers of intermediary services may add additional information as to the reasons for the average time for taking the action.
Amendment 985 #
2020/0361(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) the number of notices submitted in accordance with Article 14, categorised by the type of alleged illegal content concerned, the number of notices submitted by trusted flaggers, any action taken pursuant to the notices by differentiating whether the action was taken on the basis of the law or the terms and conditions of the provider, and the average time needed for taking the action;
Amendment 996 #
2020/0361(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point d a (new)
Article 13 – paragraph 1 – point d a (new)
(da) if available, the Member State from which the illegal action originates.
Amendment 1022 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Providers of hosting services, providers of live streaming platform services and of private messaging services shall put mechanisms in place to allow any individual or entity to notify them of the presence on their service of specific items of information that the individual or entity considers to be illegal content, or content that is in breach with their terms and conditions. Those mechanisms shall be easy to access, user- friendly, and allow for the submission of notices exclusively by electronic means and may include: (a) a clearly identifiable banner or single reporting button, allowing users to notify quickly and easily the providers of these services of illegal content they have encountered; (b) providing information to the users on what is considered illegal content under Union and national law; (c) providing information to the users on available national public tools to signal illegal content to the competent authorities.
Amendment 1038 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point a
Article 14 – paragraph 2 – point a
(a) an explanation of the reasons why the individual or entity considers the information in question to be illegal content, or content that is in breach with providers' terms and conditions;
Amendment 1075 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 6
Article 14 – paragraph 6
6. Providers of hosting services shall process any notices that they receive under the mechanisms referred to in paragraph 1, and take their decisions in respect of the information to which the notices relate, in a timely, diligent, non-discriminatory and objective manner. Where they use automated means for that processing or decision-making, they shall include information on such use in the notification referred to in paragraph 4.
Amendment 1093 #
2020/0361(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Where a provider of hosting services decides to remove or, disable access to or otherwise restrict the visibility of specific items of information provided by the recipients of the service or to suspend or terminate monetary payments related to those items, irrespective of the means used for detecting, identifying or, removing or disabling access to or reducing the visibility of that information and of the reason for its decision, it shall inform the recipient on a durable medium, at the latest at the time of the removal or disabling of access or the restriction of visibility or the suspension or termination of monetization, of the decision and provide a clear and specific statement of reasons for that decision.
Amendment 1094 #
2020/0361(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Where a provider of hosting services decides to remove or, disable access to or otherwise restrict the visibility of specific items of information provided by the recipients of the service or to suspend or terminate monetary payments related to those items, irrespective of the means used for detecting, identifying or, removing or disabling access to or reducing the visibility of that information and of the reason for its decision, it shall inform the recipient, at the latest at the time of the removal or disabling of access or the restriction of visibility or the suspension or termination of monetization, of the decision and provide a clear and specific statement of reasons for that decision.
Amendment 1104 #
2020/0361(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point a
Article 15 – paragraph 2 – point a
(a) whether the decision entails either the removal of, or the disabling of access to, the restriction of the visibility of, or the demonetisation of, the information and, where relevant, the territorial scope of the disabling of access; or the restriction;
Amendment 1105 #
2020/0361(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point a
Article 15 – paragraph 2 – point a
(a) whether the decision entails either the removal of, or the disabling of access to, the restriction of the visibility of, or the demonetisation of, the information and, where relevant, the territorial scope of the disabling of access or the restriction;
Amendment 1127 #
2020/0361(COD)
Proposal for a regulation
Article 15 a (new)
Article 15 a (new)
Amendment 1154 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
(a) decisions to remove or, disable access to or restrict the visibility of the information;
Amendment 1155 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
(a) decisions to remove or, disable access to or restrict the visibility of the information;
Amendment 1167 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point c a (new)
Article 17 – paragraph 1 – point c a (new)
(ca) decisions to restrict the ability to monetise content provided by the recipients;
Amendment 1169 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point c a (new)
Article 17 – paragraph 1 – point c a (new)
(ca) decisions to restrict the ability to monetize content provided by the recipients.
Amendment 1170 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point c b (new)
Article 17 – paragraph 1 – point c b (new)
(cb) decisions of online marketplaces to suspend the provisions of their services to traders;
Amendment 1193 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
5. Online platforms shall ensure that recipients of the service are given the possibility, where necessary, to contact a human interlocutor at the time of the submission of the complaint and that the decisions, referred to in paragraph 4, are not solely taken on the basis of automated means.
Amendment 1225 #
2020/0361(COD)
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point c
Article 18 – paragraph 2 – subparagraph 1 – point c
(c) the dispute settlement is easily accessible, including for persons with disabilities, through electronic communication technology;
Amendment 1234 #
2020/0361(COD)
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point d
Article 18 – paragraph 2 – subparagraph 1 – point d
(d) it is capable of settling dispute in a swift, efficient, accessible for persons with disabilities and cost-effective manner and in at least one official language of the Union;
Amendment 1317 #
2020/0361(COD)
Proposal for a regulation
Article 19 a (new)
Article 19 a (new)
Amendment 1365 #
2020/0361(COD)
Proposal for a regulation
Article 21 – paragraph 2 c (new)
Article 21 – paragraph 2 c (new)
2c. The Commission shall adopt an implementing act setting down a template for notifications under paragraph 1.
Amendment 1385 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 1 – point c
Article 22 – paragraph 1 – point c
(c) the bankpayment account details of the trader, where the trader is a natural person;
Amendment 1386 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 1 – point c
Article 22 – paragraph 1 – point c
(c) the bankpayment account details of the trader, where the trader is a natural person;
Amendment 1388 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 1 – point d
Article 22 – paragraph 1 – point d
(d) the name, address, telephone number and electronic mail address of the economic operator, within the meaning ofestablished in the Union and carrying out the tasks in accordance with Article 3(13) and Article 4 of Regulation (EU) 2019/1020 of the European Parliament and the Council51 or [Article XX of the General Product Safety Regulation], or any relevant act of Union law; __________________ 51Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 (OJ L 169, 25.6.2019, p. 1).
Amendment 1389 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 1 – point d
Article 22 – paragraph 1 – point d
(d) the name, address, telephone number and electronic mail address of the economic operator, within the meaning of established in the Union and carrying out the tasks in accordance with Article 3(13) and Article 4 of Regulation (EU) 2019/1020 of the European Parliament and the Council51 or [Article XX of the General Product Safety Regulation] or any relevant act of Union law; __________________ 51Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 (OJ L 169, 25.6.2019, p. 1).
Amendment 1448 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 7
Article 22 – paragraph 7
Amendment 1449 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 7
Article 22 – paragraph 7
Amendment 1461 #
2020/0361(COD)
Proposal for a regulation
Article 22 a (new)
Article 22 a (new)
Article 22a Compliance by design 1. Providers of online marketplaces shall design and organise their online interface in a fair and user-friendly way that enables traders to comply with their obligations regarding pre-contractual information and product safety information under applicable Union law. 2. The online interface shall allow traders to provide in particular the information referred to under paragraph 6 of Article 22, the information referred to in Article 6 of Directive 2011/83/EU on Consumers Rights, information allowing for the unequivocal identification of the product or the service, and, where applicable, information on sustainability of products, information on labelling, including CE marking, according to the Union legislation on product safety and compliance. 3. This Article is without prejudice to additional requirements under other Union acts, including the [General Product Safety Regulation] and [Market Surveillance Regulation]
Amendment 1462 #
2020/0361(COD)
Proposal for a regulation
Article 22 a (new)
Article 22 a (new)
Amendment 1466 #
2020/0361(COD)
Proposal for a regulation
Article 22 b (new)
Article 22 b (new)
Article 22b Right to information 1. Where a provider of an online marketplace becomes aware, irrespective of the means used to, of the illegal nature of a product or service offered through its services, it shall inform, wherever possible, those recipients of the service that had acquired such product or contracted such service during the last six months about the illegality, the identity of the trader and any means of redress. 2. Where the provider of the online marketplace does not have the contact details of the recipients of the service referred to in paragraph 1, the provider shall make publicly available and easily accessible on their online interface the information concerning the illegal products or services removed, the identity of the trader and any means of redress.
Amendment 1472 #
2020/0361(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point c a (new)
Article 23 – paragraph 1 – point c a (new)
(ca) the number of advertisements that were removed, labelled or disabled by the online platform and justification of the decisions;
Amendment 1479 #
2020/0361(COD)
Proposal for a regulation
Article 23 – paragraph 4
Article 23 – paragraph 4
4. The Commission mayshall adopt implementing acts to lay down templates concerning the form, content and other details of reports pursuant to paragraph 1.
Amendment 1480 #
2020/0361(COD)
Proposal for a regulation
Article 23 – paragraph 4 a (new)
Article 23 – paragraph 4 a (new)
4a. Where published to the general public, the annual transparency reports referred to in paragraph 1 shall not include information that may prejudice ongoing activities for the prevention, detection, or removal of illegal content or content counter to a hosting provider’s terms and conditions.
Amendment 1493 #
2020/0361(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point c
Article 24 – paragraph 1 – point c
(c) clear, meaningful and uniform information about the main parameters used to determine the recipient to whom the advertisement is displayed. and the logic involved;
Amendment 1497 #
2020/0361(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point c a (new)
Article 24 – paragraph 1 – point c a (new)
(ca) the possibility to view the personal information held by the platform that led to being identified as the recipient of the advertising; (cb) the possibility of being able to modify the options necessary to continue or not to be identified as the recipient of the advertisement.
Amendment 1505 #
2020/0361(COD)
Proposal for a regulation
Article 24 – paragraph 1 a (new)
Article 24 – paragraph 1 a (new)
The online platform shall design and organise its online interface in such a way that recipients of the service can easily and efficiently exercise their rights under applicable Union law in relation to the processing of their personal data for each specific advertisement displayed to the data subject on the platform, in particular: (a) to withdraw consent or to object to processing; (b) to obtain access to the personal data concerning the data subject; (c) to obtain rectification of inaccurate personal data concerning the data subject; (d) to obtain erasure of personal data without undue delay; Where a recipient exercises any of these rights, the online platform must inform any parties to whom the personal data concerned in points (a)-(d) have been enclosed in accordance with Article 19 of Regulation (EU) 2016/679.
Amendment 1506 #
2020/0361(COD)
Proposal for a regulation
Article 24 – paragraph 1 a (new)
Article 24 – paragraph 1 a (new)
Without prejudice to other Union acts, online platforms that display user- generated content that may include sponsored information or other information equivalent to advertising, which is normally provided against remuneration, shall including in their terms and conditions an obligation for the recipients of their service to inform other recipients of when they have received remuneration or any other goods in kind for their content. A failure to inform the platform or other recipients shall constitute a violation of the provider’s terms and conditions.
Amendment 1513 #
2020/0361(COD)
Proposal for a regulation
Article 24 – paragraph 1 b (new)
Article 24 – paragraph 1 b (new)
Where a recipient exercises any of the rights referred to points (a), (c) or (d) in paragraph 2, the online platform must immediately cease displaying advertisements using the personal data concerned or using parameters which were set using this data.
Amendment 1515 #
2020/0361(COD)
Proposal for a regulation
Article 24 – paragraph 1 c (new)
Article 24 – paragraph 1 c (new)
Online platforms that display advertising on their online interfaces shall ensure that advertisers: (a) can request and obtain information on where their advertisements have been placed; (b) can request and obtain information on which broker treated their data; (c) can indicate on which specific location their ads cannot be placed. In case of non-compliance with this provision, advertisers shall have the right to judicial redress.
Amendment 1523 #
2020/0361(COD)
Proposal for a regulation
Article 24 b (new)
Article 24 b (new)
Article 24b For a more transparent and safe online environment When using a digital service the recipient of the service is interacting with a chatbot, it must be clearly stated that the communication is not with a human being but with a bot.
Amendment 1524 #
2020/0361(COD)
Proposal for a regulation
Article 24 c (new)
Article 24 c (new)
Article 24c For a more transparent and safe online environment The online platforms must provide access to the chronology in order to allow the verification of any changes made to the contents ex post, with regard to what is published by the recipient of the service.
Amendment 1555 #
2020/0361(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point a
Article 26 – paragraph 1 – point a
(a) the dissemination of illegal content through their serviand content that is in breach of their terms and conditions through their services, including unsafe and non- compliant products and services, in case of online marketplaces;
Amendment 1556 #
2020/0361(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point a
Article 26 – paragraph 1 – point a
(a) the dissemination of illegal content and content that is in breach of their terms and conditions through their services;,
Amendment 1564 #
2020/0361(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point b
Article 26 – paragraph 1 – point b
(b) any negative effects for the exercise of any of the fundamental rights listed in the EU Charter on Fundamental Rights , in particular on the fundamental rights to respect for private and family life, freedom of expression and information, the prohibition of discrimination and the rights of the child, as enshrined in Articles 7, 11, 21 and 24 of the Charter respectively;
Amendment 1565 #
2020/0361(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point b
Article 26 – paragraph 1 – point b
(b) any negative effects for the exercise of any of the fundamental rights listed in the Charter, in particular on the fundamental rights to respect for private and family life, freedom of expression and information, the prohibition of discrimination and the rights of the child, as enshrined in Articles 7, 11, 21 and 24 of the Charter respectively;
Amendment 1573 #
2020/0361(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point c
Article 26 – paragraph 1 – point c
(c) intentional manipulation of their service and amplification of content that is in breach of their terms and conditions, including by means of inauthentic use, such as ‘deep fakes’ or automated exploitation of the service, with an actual or foreseeable negative effect on the protection of public health, minors, democratic values, media freedom and freedom of expression of journalists, as well as their ability to verify facts, civic discourse, or actual or foreseeable effects related to electoral processes and public security.
Amendment 1576 #
2020/0361(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point c
Article 26 – paragraph 1 – point c
(c) intentional manipulation of their service and amplification of content that is in breach of their terms and conditions, including by means of inauthentic use, or automated exploitation of the service, with an actual or foreseeable negative effect on the protection of public health, minors, civic discourse, or actual or foreseeable effects related to electoral processes and public security.
Amendment 1584 #
2020/0361(COD)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. When conducting risk assessments, very large online platforms shall take into account, in particular, how and whether their content moderation systems, recommender systems and systems for selecting and displaying advertisement influence any of the systemic risks referred to in paragraph 1, including the potentially rapid and wide dissemination of illegal content and of information that is in compatible with their terms and conditions, as well as potential infringement of consumer rights by business active on the platform or platform themselves.
Amendment 1593 #
2020/0361(COD)
Proposal for a regulation
Article 26 – paragraph 2 a (new)
Article 26 – paragraph 2 a (new)
2a. When conducting risk assessments, very large online platforms shall involve representatives of the recipients of the service, representatives of groups potentially impacted by their services, independent experts and civil society organisations. Their involvement shall be tailored to the specific systemic risks that the very large online platform aim to assess.
Amendment 1609 #
2020/0361(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point a
Article 27 – paragraph 1 – point a
(a) adapting content moderation or recommender systems, their decision- making processes, design, the features or functioning of their services, or their terms and conditions;
Amendment 1612 #
2020/0361(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point a
Article 27 – paragraph 1 – point a
(a) adapting content moderation or recommender systems, their decision- making processes, design, the features or functioning of their services, or their terms and conditions;
Amendment 1614 #
2020/0361(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point b
Article 27 – paragraph 1 – point b
(b) targeted measures aimed at limiting the display of and targeting of advertisements in association with the service they provide;
Amendment 1628 #
2020/0361(COD)
Proposal for a regulation
Article 27 – paragraph 1 a (new)
Article 27 – paragraph 1 a (new)
1a. Very large online platforms communicate to their recipients of the service the presence and type of systemic risks identified and relative adopted measures.
Amendment 1631 #
2020/0361(COD)
Proposal for a regulation
Article 27 – paragraph 2 – introductory part
Article 27 – paragraph 2 – introductory part
2. The Board, in cooperation with the Commission, shall publish comprehensive reports, once a year, which. The reports of the Board shall be broken down per Member State in which the systemic risks occur and in the Union as a whole. The reports shall be published in all the official languages of the Member States of the Union. The reports shall include the following:
Amendment 1637 #
2020/0361(COD)
Proposal for a regulation
Article 27 – paragraph 2 – point a
Article 27 – paragraph 2 – point a
(a) identification and assessment of the most prominent and recurrenteach of the systemic risks reported by very large online platforms or identified through other information sources, in particular those provided in compliance with Article 31 and 33;
Amendment 1644 #
2020/0361(COD)
Proposal for a regulation
Article 27 – paragraph 3
Article 27 – paragraph 3
3. The Commission, in cooperation with the Digital Services Coordinators, mayand following public consultations shall issue general guidelines on the application of paragraph 1 in relation to specific risks, in particular to present best practices and recommend possible measures, having due regard to the possible consequences of the measures on fundamental rights enshrined in the Charter of all parties involved. When preparing those guidelines the Commission shall organise public consultations.
Amendment 1664 #
2020/0361(COD)
Proposal for a regulation
Article 28 – paragraph 2 – introductory part
Article 28 – paragraph 2 – introductory part
2. Audits performed pursuant to paragraph 1 shall be performed by organisations which have been selected by the Commission and:
Amendment 1691 #
2020/0361(COD)
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. Very large online platforms that use recommender systems shall set out in their terms and conditions and on a designated web page that can be directly reached and easily found from the very large online platforms’ online interface, in a clear, accessible and easily comprehensible manner for the general public, the main parameters used in their recommender systems, the optimisation goals of their recommender systems as well as any options for the recipients of the service to modify or influence those main parameters that they may have made available, including at least one option which is not based on profiling, within the meaning of Article 4 (4) of Regulation (EU) 2016/679.
Amendment 1692 #
2020/0361(COD)
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. Very large online platforms that use recommender systems shall set out in their terms and conditions and on a designated web page that can be directly reached from the very large online platforms’ online interface, in a clear, accessible and easily comprehensible manner for the general public, the main parameters used in their recommender systems, the optimisation goals of their recommender systems as well as any options for the recipients of the service to modify or influence those main parameters that they may have made available, including at least one option which is not based on profiling, within the meaning of Article 4 (4) of Regulation (EU) 2016/679.
Amendment 1701 #
2020/0361(COD)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. Where several options are available pursuant to paragraph 1, very large online platforms shall provide clear and easily accessible functionality on their online interface allowing the recipient of the service to select and to modify at any time their preferred option for each of the recommender systems that determines the relative order of information presented to them.
Amendment 1704 #
2020/0361(COD)
Proposal for a regulation
Article 29 – paragraph 2 a (new)
Article 29 – paragraph 2 a (new)
2a. Online platforms shall ensure that their online interface is designed in such a way that it does not risk misleading or manipulating the recipients of the service.
Amendment 1709 #
2020/0361(COD)
Proposal for a regulation
Article 30 – title
Article 30 – title
Additional online advertising transparencytransparency for online advertisements and ‘deep fakes’ audiovisual media
Amendment 1710 #
2020/0361(COD)
Proposal for a regulation
Article 30 – title
Article 30 – title
Additional transparency for online advertising transparencyand "deep fakes" audiovisual media
Amendment 1711 #
2020/0361(COD)
Proposal for a regulation
Article 30 – title
Article 30 – title
Additional online advertising transparency and protection
Amendment 1721 #
2020/0361(COD)
Proposal for a regulation
Article 30 – paragraph 2 – point a
Article 30 – paragraph 2 – point a
(a) the content of the advertisement, including the name of the product, service or brand and the object of the advertisement;
Amendment 1724 #
2020/0361(COD)
Proposal for a regulation
Article 30 – paragraph 2 – point b a (new)
Article 30 – paragraph 2 – point b a (new)
(ba) the natural or legal person who paid for the advertisement;
Amendment 1725 #
2020/0361(COD)
Proposal for a regulation
Article 30 – paragraph 2 – point c a (new)
Article 30 – paragraph 2 – point c a (new)
(ca) the natural or legal person or group who paid for the advertisement;
Amendment 1732 #
2020/0361(COD)
Proposal for a regulation
Article 30 – paragraph 2 – point e
Article 30 – paragraph 2 – point e
(e) the total number of recipients of the service reached in each country and, where applicable, aggregate numbers for the group or groups of recipients to whom the advertisement was targeted specifically.
Amendment 1738 #
2020/0361(COD)
Proposal for a regulation
Article 30 – paragraph 2 a (new)
Article 30 – paragraph 2 a (new)
2a. Very large online platforms shall be prohibited from profiling children under the age of 16 for commercial practices, including personalized advertising, in compliance with industry- standards laid down in Article 34 and Regulation (EU) 2016/679.
Amendment 1743 #
2020/0361(COD)
Proposal for a regulation
Article 30 – paragraph 2 b (new)
Article 30 – paragraph 2 b (new)
2b. Where a very large online platform becomes aware that a piece of content is a deep fake, the provider shall label the content in a way that informs that the content is inauthentic and that is clearly visible for the recipient of the services.
Amendment 1744 #
2020/0361(COD)
Proposal for a regulation
Article 30 – paragraph 2 b (new)
Article 30 – paragraph 2 b (new)
2b. Very large online platforms shall make their best effort to detect inauthentic videos (‘deep fakes’). When detecting such videos, they should label them as inauthentic in a way that is clearly visible for the internet user.
Amendment 1745 #
2020/0361(COD)
Proposal for a regulation
Article 30 – paragraph 2 c (new)
Article 30 – paragraph 2 c (new)
2c. The very large online platform shall design and organise its online interface in such a way that recipients of the service can easily and efficiently exercise their rights under applicable Union law in relation to the processing of their data for each specific advertisement displayed to the data subject on the platform, in particular: (a) to withdraw consent or to object to processing; (b) to obtain access to the data concerning the data subject; (c) to obtain rectification of inaccurate data concerning the data subject; (d) to obtain erasure of data without undue delay. Where a recipient exercises any of these rights, the online platform must inform any parties to whom the personal data concerned in points (a) to (d) have been enclosed.
Amendment 1748 #
2020/0361(COD)
Proposal for a regulation
Article 30 – paragraph 2 d (new)
Article 30 – paragraph 2 d (new)
2d. Where a recipient exercises any of the rights referred to points (a), (c) or(d) in paragraph 2c, the online platform must without undue delay cease displaying advertisements using the personal data concerned or using parameters which were set using this data.
Amendment 1749 #
2020/0361(COD)
Proposal for a regulation
Article 30 – paragraph 2 e (new)
Article 30 – paragraph 2 e (new)
2e. Very large online platforms that display advertising on their online interfaces shall ensure that advertisers: (a) can request and obtain information on where their advertisements have been placed; (b) can request and obtain information on which broker treated their data;
Amendment 1800 #
2020/0361(COD)
Proposal for a regulation
Article 33 – paragraph 2 – introductory part
Article 33 – paragraph 2 – introductory part
2. In addition to the reports provided for in Article 13, very large online platforms shall make publicly available, communicate to their recipients of the service and transmit to the Digital Services Coordinator of establishment and the Commission, at least once a year and within 30 days following the adoption of the audit implementing report provided for in Article 28(4):
Amendment 1802 #
2020/0361(COD)
Proposal for a regulation
Article 33 – paragraph 2 a (new)
Article 33 – paragraph 2 a (new)
2a. The reports shall include content moderation broken down per Member State in which the services are offered and in the Union as a whole and shall be published in the official languages of the Member States of the Union.
Amendment 1827 #
2020/0361(COD)
Proposal for a regulation
Article 34 – paragraph 1 – point f a (new)
Article 34 – paragraph 1 – point f a (new)
(fa) accessibility of elements and functions of online platforms and digital services for persons with disabilities aiming at consistency and coherence with existing harmonised accessibility requirements when these elements and functions are not already covered by existing harmonised European standards
Amendment 1835 #
2020/0361(COD)
Proposal for a regulation
Article 34 – paragraph 1 a (new)
Article 34 – paragraph 1 a (new)
1a. The Commission shall support and promote the development and implementation of industry standards set by relevant European and international standardisation bodies for the protection and promotion of the rights of the child, observance of which, once adopted will be mandatory for very large online platforms, at least for the following: (a) age assurance and age verification; (b) child impact assessments; (c) child-centred and age-appropriate design; (d) child-centred and age-appropriate terms and conditions.
Amendment 1867 #
2020/0361(COD)
Proposal for a regulation
Article 35 – paragraph 3
Article 35 – paragraph 3
3. When giving effect to paragraphs 1 and 2, the Commission and the Board shall aim to ensure that the codes of conduct clearly set out their objectives, contain a set of harmonised key performance indicators to measure the achievement of those objectives and take due account of the needs and interests of all interested parties, including citizens, at Union level. The Commission and the Board shall also aim to ensure that participants report regularly to the Commission and their respective Digital Service Coordinators of establishment on any measures taken and their outcomes, as measured against the key performance indicators that they contain in order to facilitate effective cross-platform monitoring.
Amendment 1870 #
2020/0361(COD)
Proposal for a regulation
Article 35 – paragraph 4
Article 35 – paragraph 4
4. The Commission and the Board shall assess whether the codes of conduct meet the aims specified in paragraphs 1 and 3, and shall regularly monitor and evaluate the achievement of their objectives. They shall publish their conclusion, and publish their conclusions. Furthermore, they shall ensure that there is common alert mechanism managed at Unions level to allow for real-time and coordinated responses.
Amendment 1873 #
2020/0361(COD)
Proposal for a regulation
Article 35 – paragraph 5
Article 35 – paragraph 5
5. The Board shall regularly monitor and evaluate the achievement of the objectives of the codes of conduct, having regard to the key performance indicators that they may contain. In case of systematic and repetitive failure to comply with the Codes of Conduct, the Board shall as a measure of last resort take a decision to temporary suspend or definitely exclude platforms that do not meet their commitments as a signatory to the Codes of Conduct.
Amendment 1881 #
2020/0361(COD)
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
1. The Commission shall encourage and facilitate the drawing up of codes of conduct at Union level between, online platforms and other relevant service providers, such as providers of online advertising intermediary services or organisations representing recipients of the service and civil society organisations or relevant authorities to contribute to further transparency infor all players in the online advertising value chain. beyond the requirements of Articles 24 and 30.
Amendment 1882 #
2020/0361(COD)
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
1. The Commission shall encourage and facilitate the drawing up of codes of conduct at Union level between, online platforms and other relevant service providers, such as providers of online advertising intermediary services or organisations representing recipients of the service and civil society organisations or relevant authorities to contribute to further transparency infor all actors in the online advertising value chain, beyond the requirements of Articles 24 and 30.
Amendment 1888 #
2020/0361(COD)
Proposal for a regulation
Article 36 – paragraph 2 – point b a (new)
Article 36 – paragraph 2 – point b a (new)
(ba) the setting-up of unique identifier that will enable advertisers and publishers to identify and track a campaign throughout its lifecycle.
Amendment 1891 #
2020/0361(COD)
Proposal for a regulation
Article 36 – paragraph 3 a (new)
Article 36 – paragraph 3 a (new)
3a. The Commission shall encourage all the players in the online advertising value chain to endorse and comply with the commitments stated in the codes of conduct.
Amendment 1892 #
2020/0361(COD)
Proposal for a regulation
Article 36 – paragraph 3 a (new)
Article 36 – paragraph 3 a (new)
3a. The Commission shall encourage all the actors in the online advertising eco-system to endorse and comply with the commitments stated in the codes of conduct.
Amendment 1893 #
2020/0361(COD)
Proposal for a regulation
Article 36 a (new)
Article 36 a (new)
Article 36a Codes of conduct for the protection of minors 1. The Commission shall encourage and facilitate the drawing up of codes of conduct at Union level between online platforms and other relevant services providers and organisations representing minors, parents and civil society organisations or relevant authorities to further contribute to the protection of minors on online. 2. The Commission shall aim to ensure that the codes of conduct pursue an effective protection of minors online, which respects their right as enshrined in Article 24 of the Charter and the UN Convention on the Rights of the Child, and detailed in the United Nations Committee on the Rights of the Child General comment No. 25 as regards the digital environment. The Commission shall aim to ensure that the codes of conduct address at least: (a) age verification and age assurance models, taking into account the industry standards referred to in article 34. (b) child-centred and age-appropriate design, taking into account the industry standards referred to in Article 34. 3. The Commission shall encourage the development of the codes of conduct within one year following the date of application of the Regulation and their application no later than six months after that date.
Amendment 1917 #
2020/0361(COD)
Proposal for a regulation
Article 38 – paragraph 4 a (new)
Article 38 – paragraph 4 a (new)
4a. Member States shall ensure that the competent authorities have adequate financial and human resources, as well as legal and technical expertise to fulfil their tasks under this Regulation.
Amendment 40 #
2019/2190(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses that due to the COVID-19 crisis, it is of paramount importance for the protection of EU citizens that the safety of all products needed to tackle the emergency is the highest, especially for medical and protective equipment, including products from outside the EU; calls, therefore, on the Commission and Member States to strengthen their coordinated actions within the product safety and anti-counterfeiting framework;
Amendment 59 #
2019/2190(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Commission to redefine the term ‘product’, the term ‘defect’ and the issues pertaining to damage liability and reverse burden of proof, as part of the revision of the GPSD so that it reflects the complexity of emerging technologies, including stand- alone software and software or updates which entail substantial modification to the product leading to a de facto new product;
Amendment 89 #
2019/2190(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Encourages the Commission to develop measures, such as risk-based assessment schemes and conformity assessment mechanisms, where they do not yet exist, to ensure the safety and security of products with embedded emerging technologies, and to provide support to micro-enterprises and SMEs to reduce the burden such measures can create;
Amendment 131 #
2019/2190(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Is convinced that the cybersecurity of connected devices can compromise product safety and protection of user privacy, and that thiese aspects needs to be addressed in the revision of the relevant rules;
Amendment 152 #
2019/2190(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Encourages Member States to increase the resources and expertise of their market surveillance authorities, to enhance cooperation among them, including at cross-border level, improve the efficiency and effectiveness of checks, paying particular attention to online markets, and properly staff custom authorities so as to be able to identify unsafe products, in particular from third countries, trace their origin, identify their supply chain and prevent their circulation in the internal market;
Amendment 179 #
2019/2190(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses that products directly purchased by consumers from non-EU economic operators must be subject to effective controls checking their origin, quality and conformity with the EU’s regulatory framework; calls on market surveillance authorities to undertake adequate checks on these products;
Amendment 185 #
2019/2190(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Asks the Commission to cooperate with the regulatory authorities of third countries, to exchange market surveillance- related information on dangerous and potentially dangerous products with them, and to include market surveillance in all bilateral trade agreements, so that companies from outside the EU which sell goods and services on the internal market are subjected to the same requirements as EU companies;
Amendment 194 #
2019/2190(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Urges the Commission to improve, at European and international level, cooperation between consumer protection, market surveillance and customs authorities so as to enable the swift transfer of information on unsafe productguarantee uniform controls at all points of entry to the Union and to enable the swift transfer of information on unsafe products, as well as quality controls on products from non-EU countries;
Amendment 241 #
2019/2190(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Asks the Commission to evaluate the necessity of requiring online platforms to put in place effective and appropriate safeguards to tackle the appearance of advertisements for unsafe products and to provide consumers with reliable information, guaranteeing the quality and safety of products sold online;
Amendment 260 #
2019/2190(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Emphasises that traceability along the supply chain is key to improving the safety of products, whether on traditional markets or sold online, since clear and reliable information on products empowers consumers, including persons with disabilities, to make informed choices, and allows market surveillance authorities to carry out their activities; asks the Commission to update the rules for the traceability requirements of non- harmonised products accordingly, in order to make stating the geographical origin of non-agricultural products obligatory;
Amendment 265 #
2019/2190(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Considers that a label stating unambiguously the geographical origin of a given product and how it has been manufactured, would protect companies, jobs and consumers, as it would lessen the likelihood of fraud and counterfeit goods;
Amendment 268 #
2019/2190(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Asks the Commission to evaluate how distributed ledger technology and blockchain could enhance the safety of products by improving product traceability throughout the supply chain, including through their standardisation; the development of solid and reliable electronic information would make checks by market supervisory authorities simpler and more effective;
Amendment 278 #
2019/2190(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Notes that consumers respond poorly to recalls, and that unsafe products continue to be used even though they have been recalled; asks the Commission to publish guidelines on recall procedures, including a check list with concrete requirements, in order to increase the number of consumers reached, while taking into account that recalls can create considerable challenges for micro- enterprises and SMEs;
Amendment 282 #
2019/2190(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Asks retailers, online marketplaces and consumer associations to play a greater role in recalls of unsafe products purchased online or offline by ensuring adequate and reliable information is available to consumers;
Amendment 79 #
2019/2169(INI)
Motion for a resolution
Recital E
Recital E
E. whereas traditional gender roles and stereotypes still influence the division of labour at home, in education, at the workplace and in society; whereas unpaid care work, mostly carried out by women, contributes to the gender pay and pension gap; whereas work-life balance measures, such as the Work-life Balance Directive, are important first steps, but need to be complemented by further measures in order to involve more men in unpaid work and, stressing its equal value when compared to professional work, to foster the equal earner – equal carer model;
Amendment 106 #
2019/2169(INI)
Motion for a resolution
Recital G
Recital G
G. whereas poverty in Europe disproportionately affects women, in particular single mothers and mothers of large families, women with disabilities, and elderly, migrant and ethnic minority women;
Amendment 197 #
2019/2169(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Supports the Commission’s commitment to combating gender-based violence, supporting and protecting the victims of these crimes and ensuring that those responsible are held accountable for their crimes; supports the Commission’s plan to continue pushing for the EU-wide ratification of the Istanbul Convention; underlines, in this context, the need for specific measures to address the existing disparities between Member States; draws attention, however, to the fact that several attempts to convince reluctant Member States have already failed; warmly welcomes, therefore, the Commission’s intention to propose measures in 2021 to achieve the objectives of the Istanbul Convention if the EU’s accession remains blocked; calls for preparatory actions for the launch of additional legally binding measures to eliminate violence against women; very much welcomes the planned extension of definitions of areas of particularly serious crime under Article 83(1) of the TFEU, but calls for the inclusion of all forms of gender-based violence, in order to take a proactive approach and lay the groundwork for an EU directive on this issue; considers it particularly important in this regard to provide for - and punish as crimes - specific forms of gender-based violence, such as female genital mutilation (FGM), forced abortion, forced sterilisation, forced marriages and the publication of revenge porn, as well as gender-based violence perpetrated online;
Amendment 217 #
2019/2169(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses the need to protect women who are minors, who belong to minorities or have a health problem or disability as potential victims and targets of different forms of violence; supports the Commission's plan to present and finance measures to combat possible abuse, exploitation and violence against these particularly vulnerable groups;
Amendment 275 #
2019/2169(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
Amendment 286 #
2019/2169(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Welcomes the Commission’s commitment to table binding measures on pay transparency by the end of 2020; considers it necessary, however, to introduce EU-wide binding measures to bridge the gender pay gap; points out, howemoreover, that the issue of equal pay for equal work or work of equal value across different occupational sectors still needs to be addressed; strongly recommends the inclusion of the principle of equal pay for work of equal value between women and men, which could be defined as follows: ‘Work shall be deemed of equal value if, based on a comparison of two groups of workers which have not been formed in an arbitrary manner, the work performed is comparable, taking into account factors such as the working conditions, the degree of responsibility conferred on the workers, and the physical or mental requirements of the work’; points out that gender-neutral job evaluation tools and classification criteria need to be developed for this purpose;
Amendment 290 #
2019/2169(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Stresses the importance of improving the work-life balance in order to address the gender gap in the labour market; welcomes the Commission's commitment to monitoring correct transposition into national legislation and ensuring the full implementation of the Work-Life Balance Directive by 2022; calls on the Commission to monitor constantly and have no hesitation in imposing sanctions on Member States which do not implement EU legislation properly with regard to gender equality and equal working conditions;
Amendment 420 #
2019/2169(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Stresses the primary role of women empowerment in order to effectively implement development policies; stress the need to adopt an horizontal gender perspective in the implementation of the Sustainable Development Goals and recall its strong call to involve girls and women in the design and implementation of development policies;
Amendment 1 #
2018/2110(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Deplores the woeful lack of rigour displayed by the Commission in pursuing serious and systematic infringements of Regulation (EC) No 1/2005 directly brought to its attention in almost 200 specific and detailed NGO reports forwarded to it since 2007;
Amendment 2 #
2018/2110(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Draws attention to the multitude of parliamentary questions and letters of complaint submitted by Members of the European Parliament and addressed to the Commission, highlighting the systematic infringements of Regulation (EC) No 1/2005 which result in severe suffering and hardship for animals during transport; strongly criticises the statistics provided by the Commission on compliance with Regulation (EC) No 1/2005 as regards the transport of live animals to third countries, which have been drawn up without any systematic checks on animal transport vehicles;
Amendment 3 #
2018/2110(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Points out that the most frequent infringements of Regulation (EC) No 1/2005 concern the insufficient space given to animals in transport vehicles and overcrowding, the failure to respect drinking and feeding intervals and journey times and resting periods for animals, the inadequacy of ventilation and watering devices, transport in extreme temperatures, transport of unsuitable animals and insufficiency of bedding and feed;
Amendment 4 #
2018/2110(INI)
Draft opinion
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Notes with great concern that during long journeys animals are watered with contaminated water that is unfit for consumption and often have no access to water because of malfunctioning or badly located watering devices, or insufficient water that is not commensurate with the species and size of the animals being transported;
Amendment 8 #
2018/2110(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Notes that the reported infringements of Regulation (EC) No 1/2005 concerning inadequate ventilation systems in animal transport vehicles for long journeys attest the presence of extreme temperatures inside the vehicles, far exceeding the legal limits, causing terrible suffering to the animals; points out that, in some cases, the sensors monitoring the temperatures inside the animal transport vehicles have been found to have been tampered with; calls on the competent authorities to refrain from approving a journey log when temperatures in the places of departure or destination, or along the route, are forecast to exceed 30°C;
Amendment 12 #
2018/2110(INI)
Motion for a resolution
Recital B
Recital B
B. whereas every year millions of animals are transported across Member States and to third countries over long distances to be bred, fattened or slaughtered;
Amendment 12 #
2018/2110(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls for Member States, when detecting infringements of the provisions of Regulation (EC) No 1/2005, to provide the notifications laid down in Article 26 in a detailed and systematic manner; calls on the Member States receiving such notifications to act effectively and in a consistent and timely manner to prevent the repetition of such infringements; takes the view that, where feasible, the competent authorities of the Member States should attach to the notifications photos of the relevant infringements;
Amendment 15 #
2018/2110(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Regrets that, in breach of the provisions of Annex I, Chapter II, point 1.2 of Regulation (EC) No 1/2005, during transport, animals are given insufficient space, forcing them to stand in unnatural positions for long periods of time and with inadequate ventilation;
Amendment 16 #
2018/2110(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Is of the opinion that where Regulation (EC) No 1/2005 stipulates that animals should be unloaded at a control post, before approving a journey log the competent authorities should verify, and receive confirmation, that the organiser has made a reservation at the control post;
Amendment 17 #
2018/2110(INI)
Draft opinion
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. Calls on the competent authorities of the Member States to carry out systematic inspections on intra-EU consignments of animals and on all consignments destined for third countries upon loading; stresses that, at the time of loading, the competent authorities should check that the requirements of Regulation (EC) No 1/2005 concerning the health conditions of animals and the space and height of the compartment have been complied with, that ventilation and water systems work properly and are appropriate for the size and species transported, and that sufficient feed and bedding are transported;
Amendment 18 #
2018/2110(INI)
Draft opinion
Paragraph 3 e (new)
Paragraph 3 e (new)
3e. Takes the view that the competent authorities, in cases in which Regulation (EC) No 1/2005 requires that animals be unloaded for a 24-hour rest in a third country, should only approve journey logs if they can establish whether the organiser has found a place for such a rest that provides facilities equivalent to those of a control post and, in any case, that is able to respect the welfare of the animals in full; calls for official veterinarians at EU exit points to check whether the vehicles provide enough space for animals, and that there is no overcrowding, that sufficient bedding, water and feed is provided and that the ventilation and watering devices work properly;
Amendment 23 #
2018/2110(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Reiterates its call for the transport time of animals destined for slaughter and fattening to be limited to eight hours, with due consideration for loading and unloading times, and waiting times at borders; takes the view that many of the severe problems related to the lengthy transport of live animals, in particular from the EU to third countries, would be solved by a shift to the transport of meat or carcasses;
Amendment 27 #
2018/2110(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Strongly deplores the uneven and poor enforcement of the regulation in many Member States, which are failing to effectively and uniformly monitor and sanction persistent violations of EU law, thereby allowing some transporters to operate illegally; greatly concerned at the failure of many Member States to make proper and effective use of the powers conferred on them under Article 26 of Regulation No 1/2005, including the power to call on the transporter in question to introduce arrangements to avoid any recurrence of the irregularities detected, carry out additional inspections and, in particular, require the presence of a veterinarian when the animals are being loaded and suspend or revoke the transporter's permit or the type-approval certificate for the form of transport used; calls on the Commission, in view of the lack of harmonisation of controls and sanctions across the Member States, to consider revising the current provisions in order to ensure that effective and dissuasive sanctioning mechanisms are uniformly introduced and imposed across the EU;
Amendment 29 #
2018/2110(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses that ineffective coordination between the authorities at border inspection posts, coupled with the inadequacy of operational structures and procedures have led to unjustified waiting times for animal transport vehicles which, given the extreme internal temperatures and lack of ventilation, have had a devastating impact on animal welfare, in clear violation of the provisions of Regulation (EC) No 1/2005;
Amendment 34 #
2018/2110(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls for consistent and full compliance with the case law established by the EU Court of Justice, Including Case C-424/13 of 23 April 2015, in which the Court ruled that, for the transport of animals involving a long journey commencing in EU territory and continuing outside it to be authorised at the place of departure, the transporter shall be required to submit a true and accurate travel log for the purpose of verifying compliance with Regulation (EC) No 1/2005 in the territory of the EU and of the third countries in question; if this is not the case, the authorities responsible shall be empowered to require modification of the transport arrangements to ensure compliance with the Regulation for the duration of the journey;
Amendment 40 #
2018/2110(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Notes that the Commission, while aware of the fact that certain Member States are failing to report cases where the internal temperatures of vehicles used for animal transport exceed 35°C, has officially stated that it does not perform systematic checks on internal vehicle temperatures, making it impossible obtain an accurate picture of animal transport conditions;
Amendment 43 #
2018/2110(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Considers it of the utmost importance that the authorities issuing type-approval certificates for animal transport vessels adhere consistently and in full to Article 19 of Regulation (EC) No 1/2005; calls for the competent authorities to scrupulously and systematically inspect animal transport vessels prior to loading to ensure that they are suitable for the type and number of animals to be transported and provide all necessary guarantees to ensure their welfare;
Amendment 45 #
2018/2110(INI)
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Expresses its serious concern about failure by the authorities to comply with their obligation to inspect the animals prior to loading to ensure that they are fit to continue their journey on the transport vessel; considers that the authorities must not approve travel logs if they indicate the use of ports that do not have the necessary facilities for systematic inspection of the animals;
Amendment 46 #
2018/2110(INI)
Draft opinion
Paragraph 7 d (new)
Paragraph 7 d (new)
7d. Deeply regrets that the loading of animals onto ships frequently involves great cruelty such as the use of electric sticks and prods, as well as loading facilities that fail to provide full guarantees regarding animal welfare.
Amendment 47 #
2018/2110(INI)
Draft opinion
Paragraph 7 e (new)
Paragraph 7 e (new)
7e. Believes that the presence of qualified and independent veterinarians should be mandatory during the transport of animals by ship, that the deaths of any animals en route should be reported and registered and that specific and detailed action plans should be drawn up to deal with any emergencies that adversely affecting the animals' wellbeing;
Amendment 48 #
2018/2110(INI)
Draft opinion
Paragraph 7 f (new)
Paragraph 7 f (new)
7f. Expresses its concern at non- compliance with Regulation (EC) No 1/2005 regarding the transport of unweaned animals; considers it necessary to adopt more detailed and incisive measures to ensure that all specific needs regarding this type of transport are met;
Amendment 49 #
2018/2110(INI)
Draft opinion
Paragraph 7 g (new)
Paragraph 7 g (new)
7g. Deplores the failure to set up a European Parliament committee of inquiry into the wellbeing of animals during transport inside and outside the EU, as requested by 223 MEPs, the decision having been taken without plenary vote in Parliament, thus infringing the basic principles of democracy, openness and transparency that regarding EU decision-making processes;
Amendment 70 #
2018/2110(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas the Federation of Veterinarians of Europe and the World Organisation for Animal Health state that animals should be reared as close as possible to the premises on which they are born and slaughtered as close as possible to the point of production. Transport of live animals should be replaced as much as possible by transport of carcasses.
Amendment 106 #
2018/2110(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Emphasises that a partial implementation is insufficient to achieve the Regulation’s overarching purpose of avoiding injury to or undue suffering of animals during transport, and that greater efforts should therefore be made to prevent serious incidents which have a significant impact on animal welfare and to prosecute those responsible for them;
Amendment 147 #
2018/2110(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. RecCalls on Member States to make more effective use of their the strong enforcement powers given to Member States under the Regulation, including the power to require transporters to establish systems to prevent the recurrence of breaches and to suspend or withdraw a transporter’s authorisation;
Amendment 230 #
2018/2110(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Regrets that despite the fact that the number of intra-EU consignments of live animals has increased over the last decade, the total number of checks carried out by national competent authorities pursuant to the Regulation has fallen; calls on the Member States to ensure systematic and widespread checks;
Amendment 251 #
2018/2110(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Insists that the journey time for all animals being transported must be as short as possible, and in any case no longer than eight hours, in line with recital 5 of Regulation (EC) No 1/2005, which states that ‘for reasons of animal welfare the transport of animals over long journeys … should be limited as far as possible’;
Amendment 321 #
2018/2110(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Expresses concern over journeys in which animals are watered with contaminated water that is unfit for consumption and journeys in which animals are deprived of access to water because of malfunctioning or badly located watering devices; stresses that vehicles used for the transport of live animals should ensure that sufficient water is supplied during journeys, and in any case, the amount supplied should be appropriate for the specific requirements of the animals being transported and for the number of those animals;
Amendment 327 #
2018/2110(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Stresses that infringements are often due to the inadequacy of the ventilation systems of vehicles used for the road transport of live animals over long distances and that in these situations, animals are forced into small spaces which have extreme temperatures, well beyond the range of temperatures and tolerance limits set out in the Regulation;
Amendment 330 #
2018/2110(INI)
Motion for a resolution
Paragraph 19 c (new)
Paragraph 19 c (new)
19c. Is concerned about cases in which tampering with temperature control sensors inside vehicles used for the transport of live animals has been detected, and calls on the competent authorities not to approve journey logs when temperatures in the places of departure and destination, or during the journey, are forecast to be higher than 30 °C;
Amendment 333 #
2018/2110(INI)
Motion for a resolution
Paragraph 19 d (new)
Paragraph 19 d (new)
19d. Regrets that compartments for animals do not always provide sufficient space to allow adequate ventilation inside vehicles and that natural movements for animals are prevented, often forcing them to take up unnatural positions for long periods, in clear violation of the technical rules set out in Article 6 and Annex I, Chapter II, point 1.2 of the Regulation;
Amendment 334 #
2018/2110(INI)
Motion for a resolution
Paragraph 19 e (new)
Paragraph 19 e (new)
19e. Regrets the infringements of the Regulation that concern the failure to apply, or properly apply, the specific rules concerning unweaned animals, such as calves, lambs, kids, foals and piglets which are still on a milk diet, and calls for the introduction of more detailed measures to ensure that the welfare of these animals is fully protected during transport;
Amendment 335 #
2018/2110(INI)
Motion for a resolution
Paragraph 19 f (new)
Paragraph 19 f (new)
19f. Is concerned about the infringements of the Regulation caused by the failure to carry out brief inspections prior to the loading of live animals onto vessels and about the fact that such operations are often carried out using cruel instruments and practices, such as the use of sticks and electric prods, or through the use of unsuitable loading facilities;
Amendment 336 #
2018/2110(INI)
Motion for a resolution
Paragraph 19 g (new)
Paragraph 19 g (new)
19g. Considers it necessary to make it compulsory for veterinarians to be present on board ships used for the transport of live animals, to report and keep count of the number of animals that die during the journeys and to draw up emergency plans to deal with any situations at sea that might have a negative impact on the welfare of the animals being transported;
Amendment 379 #
2018/2110(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Strongly criticises the statistics drawn up by the Commission on compliance with the Regulation as regards the journeys made to transport live animals to third countries and stresses that they have been drawn up without any systematic checks on animal transport vehicles;
Amendment 30 #
2018/2056(INI)
1. Believes that both the Late Payment Directive and national legislation on late payment should be better enforced throughin a timely manner through compliance with the maximum time limits established for the payment of invoices and measures aimed at improving rules on payment terms and discouraging unfair practices; notes that these measures can be categorised according to their nature (legal or voluntary), scope (horizontal or sector- specific) and objective (preventive, remedial or change in business culture);
Amendment 35 #
2018/2056(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Maintains that there is no one-size- fits-all approach to tackling the issue of late payments, as in some sectors longer payment deadlines, beyond 30 or 60 daysthat in any case do not exceed the deadlines set in Directive2011/7/EU, are in line with the needs of businesses and an accepted practice, taking into account the specificities of each sector; considers that it is also important to respect the freedom of contract between undertakings on the market, always ensuring a level playing field between enterprises in dominant positions and small operators;
Amendment 44 #
2018/2056(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Points out that the introduction of the mandatory publication of information in specific databases and registries concerning payment behaviour can discourage late payment and help businesses choose reliable commercial partners; considers that the ‘name and shame’ factor and public access to information can be an incentive for companies and for the public administration to improve their payment practices and uphold their monetary obligations; encourages companies and public bodies to publish composite quarterly reports which also cover the behaviour of their subsidiaries;
Amendment 53 #
2018/2056(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses the importance of providing entrepreneurs, in particular SMEs, with more information and education on credit and invoice management, including through the establishment of an online portal by Member States, on credit and invoice management and on the rights and instruments available to entrepreneurs in legal disputes with debtors; recalls that effective credit management shortens the average collection period and maintains an optimal cash flow, thus reducing the risk of default and increasing the potential for growth; believes that trainingalso that it is important that there should be a fast and efficient complaint and dispute management system, which can promptly inform companies of the reasons why an invoice will not be paid under the agreed conditions; believes that training should also concern officials in public administration and that education and support may also make SMEs more likely to take advantage of Late Payment Directive remedies; notes that SMEs unfortunately often lack the capacity to invest in training and that there are currently no programmes at EU or national level focusing on enhancing businesses’ knowledge of credit and invoice management; believes that more EU funds should possibly be directed towards the financial education of SMEs;
Amendment 57 #
2018/2056(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Member States and business associations to set up national and regional free and confidential mediation services (mediation, conciliation, arbitration and adjudication) accessible to all companies, as an alternative to court proceedings, to resolve payment disputes and maintain business relations, but also to educate the companies about their rights and remedies against late payment; stresses that such mediation services would be particularly useful for SMEs, which often do not have adequate financial means to engage in legal disputes and for this reason renounce their rights; considers it, moreover, appropriate that the costs relating to court proceedings and default interest imposed by credit institutions accrued due to late payment should be borne by the debtors;
Amendment 59 #
2018/2056(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Member States to enforce their national legislation and to encourage and improve stricter controls to make the verification of the offences more effective, in particular among large companies, and the use of administrative sanctions (reinforced through a ‘name and shame’ provision that generates peer pressure), that are effective, proportionate and dissuasive and take into account any recurrence of unfair and vexatious behaviour, thus contributing to the improvement of payment behaviour; maintains that direct intervention from the public authorities, since it is they who enforce administrative sanctions, could help to overcome the ‘fear factor’ and relieve creditors of the responsibility to take action against debtors, as the authorities would directly enforce the law and take discretionary action against enterprises engaged in bad payment practices; believes that the value of sanctions and their cumulative nature could deter companies from paying late, while public access to information (publication of sanctions) could directly harm the company’s image and would therefore be limited to the economic operators that request it as they are interested in starting or maintaining commercial relations with the company; in these cases, access to information must be rapid and totally free for operators;
Amendment 66 #
2018/2056(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Points out that, despite the fact that the Late Payment Directive was adopted in February 2011, thousands of SMEs and start-ups across Europe go bankrupt every year while waiting for their invoices to be paid, including by national public authorities; calls on the Commission and the Member States to consider mandatory forms of adequate compensation or offsetting for companies owed money by a public authority, so that they are not forced to go bankrupt because of it; In particular, the tax, fiscal and social security debts of companies should be offset against amounts outstanding from the public administration; offsetting can also be promoted through the securitisation of tax receivables, for example through instruments such as small-scale government bonds and by the assessment of the definition of public debt through the appropriate authorities;
Amendment 69 #
2018/2056(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Welcomes the new mechanism for the protection of entrepreneurs applied in some Member States, such as Italy, to protect those who have matured debts with banks, but also have claims against the public administration, which prevents the distraint of the entrepreneurs' homes; notes that this system protects entrepreneurs from unjustified attacks, as they are linked to debtor positions which could be remedied if the public administration honoured its debts to entrepreneurs; urges the other Member States to put in place similar measures aimed at preventing the expropriation of homes and protecting the private life and dignity of the individual;
Amendment 70 #
2018/2056(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Urges Member States to set up guarantee funds for SMEs that guarantee the debts with the banks of SMEs that have amounts outstanding from the public administration;
Amendment 71 #
2018/2056(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes with great concern the situation in some Member States, where public authorities have greatly delayed payments for goods and/or services supplied to them by undertakings, leading those businesses into extreme financial difficulties; believes that in order to support businesses whose financial management is complicated by delayed payments from public authorities, the Member States should put in place faster and more efficient VAT refund procedures, especially for SMEsprocedures for the refund of VAT and the recovery of amounts due, especially for SMEs; believes that the deadline for the payment of VAT should be postponed until the time the invoice is actually collected, so as to avoid the vicious circle that causes entrepreneurs who collect the invoices late to fall in debt to the banks and to pay higher interest in order to access the liquidity necessary to carry on their business; notes that such situations prevent any long-term investment or hiring plan and can lead to bankruptcy;
Amendment 77 #
2018/2056(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Points out that prompt payment codes and charters and corporate social responsibility (CSR) measures contribute to creating a responsible payment culture and ensuring fair relationships and trust among businesses; encourages Member States to introduce rapid payment systems in order to support companies' cash flow and increase trust in public administration;
Amendment 80 #
2018/2056(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Maintains that certain concepts of the Directive, such as ‘grossly unfair’, and when contractual payment terms begin and end cshould be clarified, either in the Directive or through guidance issued by the Commission so as not to benefit companies in a dominant positions which are able to include longer terms of payment in the contract compared with SMEs; notes also the emerging case law of the Court of Justice on the interpretation of certain concepts of the Directive (i.e. ‘undertaking’, ‘commercial transaction’ and ‘grossly unfair’ in Cases C-256/15 and C-555/14);
Amendment 92 #
2018/2056(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Applauds certain industry-level initiatives in some Member States under which participating corporations have drawn up a pledge detailing the concrete steps they will take to ensure their smaller suppliers are paid more quickly for the products or services they supply; notes that positive naming and shaming (‘name and fame’) could produce the intended results via self-regulation at industry levelresults;
Amendment 50 #
2018/2037(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the Commission’s communication on the Future of Food and Farming acknowledges that the common agricultural policy (CAP) is the most integrated policy in the EU and is enabling the EU farming sector to respond to citizens’ demands regarding not only food security, safety, quality and sustainability, but also environmental caresustainability, climate change action and high animal welfare standards, as well as effects on employment;
Amendment 70 #
2018/2037(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the European Union’s overarching objective of multifunctional agriculture and forestry, driven by family farms, remains key to delivering the positive externalities and public goods that European citizens demand;
Amendment 103 #
2018/2037(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the new delivery model (NDM) is at the core of the Commission’s communication on the Future of Food and Farming, and is to be welcomed, provided that it ensuresshould be carefully assessed, to ensure that it results in genuine simplification, not only at EU level but also at Member State and regional level, and flexibility and ease of application for farmers, without adding new constraints on Member States and thus a new layer of complexity; , and without leading to a renationalisation of the CAP, undermining its Union status;
Amendment 158 #
2018/2037(INI)
Motion for a resolution
Recital G
Recital G
G. whereas it is essential to ensure a fair standard of living across regions and Member States, and affordable prices for citizens and consumers, and access to quality food and healthy diets, whileto promote consumption of quality food, the provenance of which is certain, and healthy diets, while improving access to these products and delivering on the commitments for social and environmental caresustainability, climate action, and animal and plant health and welfare;
Amendment 182 #
2018/2037(INI)
Motion for a resolution
Recital H
Recital H
H. whereas there is a need for an updated and fairer system of payments distribution, based on a reward-type scheme for those who improve quality and employment, as in many Member States the current system of entitlements is based on historic benchmarks which are now almost 20 years old and which constitute an obstacle to generational renewal and hinder young farmers’ access to farmland, as new entrants do not possess entitlements and are thus at a disadvantage;
Amendment 278 #
2018/2037(INI)
Motion for a resolution
Recital L
Recital L
L. whereas the European Court of Auditors has underlined the fact that the criteria required for access to the green payments introduced as part of the 2013 reform create added complexity and bureaucracy, are difficult to understand, and fail to significantly enhance the CAP’s environmental and climate performance;
Amendment 291 #
2018/2037(INI)
Motion for a resolution
Recital M
Recital M
M. whereas the objectives of the Cork 2.0 Declaration for a Better Life in Rural Areas stipulate vibrant rural areas, multi- functionality, biodiversity in and outside agriculture, rare animal breeds and conservation crops, as well as organic agriculture, less-favoured areas and commitments in the context of Natura 2000, in addition to beneficial effects on employment in rural areas;
Amendment 313 #
2018/2037(INI)
Motion for a resolution
Recital N
Recital N
N. whereas it is essential to ensure fair competition within the single market within the sector and with other players in the food chain, ensuring that profits are distributed fairly both up and downstream, and to further strengthen incentives to prevent crises with active management tools to be deployed at sectoral level and by public authorities;
Amendment 326 #
2018/2037(INI)
Motion for a resolution
Recital O
Recital O
O. whereas the new challenges for European agriculture within the EU’s political priorities, as stated in the Commission’s reflection paper on the future of EU finances, require the next multiannual financial framework (MFF) to provideconfirm the provision of sufficient public funds to cover both existing and new challenges;
Amendment 382 #
2018/2037(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Points out that even thxcessive flexibility thatgranted to the Member States currently enjoy in defining basic rules may, in some cases, risk distorting competition within the single market and granting unequal access to support for farmers in different Member States or even in different regions;
Amendment 409 #
2018/2037(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that subsidiarity for Member States should only be granted within anot undermine the common set of rules and tools agreed at EU level as part of a uniform approach to all programming efforts and eligibility criteria, should cover both of the CAP’s pillars and ensure, in particular, a European approachuniform application in Pillar I and thus a level playing field;
Amendment 504 #
2018/2037(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the Commission to develop a long-term strategy for the European agri-food sector, setting out clear objectives regarding food consumption, eating habits and hence production, in keeping with the need to ensure sustainability in various ways, which the CAP should help to achieve;
Amendment 525 #
2018/2037(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Considers it necessary to maintainsimplify the current two-pillared architecture, particularly Pillar I, which is dedicated to income support for farmers; considers it necessary, at the same time, to compensate forreward the activity carried out to compensate, from a social and environmental point of view, for the contribution to the provision of public goods, on the basis of uniform and objective criteria, while allowing Member States to take specific approaches to reflect local conditions;
Amendment 571 #
2018/2037(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Considers that the current CAP architecturefuture CAP can only deliver its objectives if sufficiently funded; calls, therefore, for the CAP budget to be maintained in the next MFF at at least the current level in order to achieve the ambitions of a revised and efficient CAP beyond 2020;
Amendment 620 #
2018/2037(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Believes that more targeted support for family farms or small farms is necessary and can be achieved by introducing a compulsory higher support rate for small farms; considers, moreover, that support for larger farms should be digressive, reflecting economies of scale and labour intensity, with the possibility for capping to be decided by the Member States;
Amendment 666 #
2018/2037(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls for the existing system for calculating direct payments in Pillar I, which is often based on historic entitlements, to be replaced by an EU-wide uniform and transparent method of calculating payments, in order to make the system simpler and more transparentbased on clear objectives and results that are determined at EU level with a view to 2030;
Amendment 690 #
2018/2037(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Takes the view that Member States should be allowed to allocate payments, in particular, to farmers who participate in high value-added production chains and who invest in capital and labour;
Amendment 736 #
2018/2037(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Stresses the need for a fair distribution of direct payments between Member States, which must take into account socio-economic differences, different production, labour and input costs and the amounts received by Member States under Pillar II, in addition to specific criteria, such as standard gross margin, value added per hectare and the use of labour;
Amendment 799 #
2018/2037(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Takes the view, moreover that VCS should be granted to farmers who participate in high value-added production chains;
Amendment 835 #
2018/2037(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Recalls that generational renewal is a challenge faced by farmers in many Member States and that each national strategy must therefore address this issue through a comprehensive approach, including top-ups in Pillar I and targeted measures in Pillar II, as well as by means of new financial instruments and national measures, in order to incentivise farmers to pass on their farming operations and pave the way for the entry of new farmers into the sector, by facilitating their access to the land market;
Amendment 891 #
2018/2037(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Underlines the importance of rural development, including the LEADER initiative, in supporting multi-functional agriculture and in fostering additional entrepreneurial activities and opportunities, in order to generate income from complementary and sectoral activities, such as agri- tourism, and to secure community- supported agriculture and the provision of social services in rural areas;
Amendment 931 #
2018/2037(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Commission to introduce a new and comprehensive legal framework, based on clear objectives and results that are determined at EU level with a view to 2030, which allows the integration and complementarity of the various types of environmental actions at present, such as cross compliance, greening and the good agricultural and environmental conditions (GAEC) standards, as well as agri-environment measures (AEMs) for rural development, so that farmers can deliver effectively and with less bureaucracy on environmental care, biodiversity and, climate action and animal welfare, while ensuring that Member States have adequate control and taking into account local conditions;
Amendment 993 #
2018/2037(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Believes that this new framework should be underpinned by the possible allocation of a minimum amount of the total available budget to AEMs, including particular to organic agriculture, to support for biodiversity and to protection of genetic diversity in animals and plants;
Amendment 1086 #
2018/2037(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Commission to maintain the current common market organisation (CMO) framework, including the individual sector plans (wine, and fruit and vegetables) and oil) and to consider the possibility of extending this instrument also to other sectors which could benefit from it; calls on the Commission, in addition, to maintain the EU school fruit, vegetables and milk scheme, with the ultimate aim of strengthening the sustainability and competitiveness of each sector while enabling access for all farmers;
Amendment 1188 #
2018/2037(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Stresses the need to provide for harmonised minimum rules to combat the spread of vexatious commercial practices and to encourage the establishment and development of POs, APOs and interbranch organisations;
Amendment 1214 #
2018/2037(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Takes the view that one of the main aims of these initiatives should be to strengthen the bargaining power of farmers within the food supply chain;
Amendment 1258 #
2018/2037(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Regrets, moreover, that often, in the agreements discussed hitherto, a choice has been made to sacrifice the interests of the European agri-food sector to the benefit of other production sectors;
Amendment 1276 #
2018/2037(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls for initiatives to promote EU production, safety and environmental standards and quality production schemes, through bothuniform labelling andrules that ensure full traceability of products and support for marketing activities on internal and third-country markets;
Amendment 1285 #
2018/2037(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Regrets that the Commission communication does not focus more on the issue of the eating habits and consumption of EU citizens;
Amendment 1293 #
2018/2037(INI)
Motion for a resolution
Paragraph 26 b (new)
Paragraph 26 b (new)
26b. Points out that in order to ensure the conservation of the environment and the supply of food to an ever growing world population, those eating habits will, slowly but surely, need to be changed and production will thus need to be steered towards those new targets;
Amendment 1299 #
2018/2037(INI)
Motion for a resolution
Paragraph 26 c (new)
Paragraph 26 c (new)
26c. Calls on the Commission to include, within the CAP, objectives and measures which take account of this vital need, making the issue of eating habits one of the key points of that common policy;
Amendment 1312 #
2018/2037(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Stresses that Parliament and the Council should, via the co-decision procedure, set the general objectives, measures and financial allocations, and determine the level of flexibility needed to enable the Member States to cope with their specificities and needs in line with the single market, to avoid distortions of competition relating to national choices;
Amendment 52 #
2018/0231(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The substantial body of Union legislation underpins the functioning of the internal market. This concerns, in particular, competitiveness, standardisation, conformity assessment, consumer protection, market surveillance and food chain regulation but also rules concerning business, trade and financial transactions and the promotion of fair competition providing for a level playing field essential for the functioning of the internal market.
Amendment 55 #
2018/0231(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Still, barriers to the proper functioning of the internal market remain and the new obstacles emerge. Adopting rules is only a first step, but making them work is as important. This is ultimately a matter of citizens'’ trust in the Union, in its capacity to deliver, and in its ability to create jobs and growthprosperity and quality jobs, while protecting the public interest. Or. it (Technical note: this amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 57 #
2018/0231(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) In order not to place further burdens on the budgets of the Member States, national contributions to the Union budget should be deducted from the deficit calculation. Furthermore, it is essential that the contributions of individual Member States to the financing of the Union budget for the period 2021- 2027 are not increased compared to the resources allocated in the 2014-2020 multiannual plan. Instead, the necessary resources should be found for the implementation of the programme through a thorough spending review, allowing actions to be taken to identify and rationalise expenditure and programmes that have had little benefit for citizens, so as to channel resources from inefficient sectors with no real added value towards efficient sectors.
Amendment 63 #
2018/0231(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) It is therefore appropriate to establish a Programme for the internal market and for consumer protection, standardisation processes, product monitoring and safety, competitiveness of enterprises, including micro, small and medium-sized enterprises, the protection of the health and safety of humans, animals and plants throughout the food chain, and European statistics (the '‘Programme'’). The Programme should be established for the duration of seven years from 2021 to 2027.
Amendment 67 #
2018/0231(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The Programme should support the design, implementation and enforcement of Union legislation underpinning the proper functioning of the internal market. The Programme should support the creation of the right conditions to empower all actors of the internal market: businesses, citizens including consumers, civil society and public authorities. To that end, the Programme should aim to ensure the competitiveness of businesses, notably SMEsmicro and SMEs, including those in the tourism sector, but also supporting the enforcement of consumer protection and safety rules and by raising the awareness of businesses and individuals by providing them with the right tools, knowledge and competence to make informed decisions and strengthen their participation in Union’s policy- making. Furthermore, the Programme should aim to enhance regulatory and administrative cooperation, notably through exchange of best practices, building of knowledge and competence bases, including the use of strategic public procurement. The Programme should also aim to support the development of high- quality international standards that underpin the implementation of Union legislation. This also includes standard setting in the field of financial reporting and audit, thereby contributing to the transparency and well-functioning of the Union’s capital markets and to enhancing investor protection. The Programme should support rulemaking and standard setting also by ensuring the broadest possible stakeholder involvement. The objective of the Programme should also be to support the implementation and enforcement of Union legislation providing for a high level of health for humans, animals and plants along the food chain and the improvement of the welfare of animals. (Technical note: this amendment applies throughout the text. Adopting it will necessitateOr. it corresponding changes throughout.)
Amendment 72 #
2018/0231(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) A modern internal market promotes competition and benefits consumers, businesses and employees. Making better use of the ever evolving internal market in services should help European businesses create jobs and grow across borders, offer wider choice of services at better prices, and maintain high standards for consumers and workers. To achieve this, the Programme should contribute to the removal of remaining barriers, and to ensure a regulatory framework that can accommodate new innovative business models, including collaborative economy models, especially those with social objectives.
Amendment 76 #
2018/0231(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Regulatory obstacles in the internal market have been removed for many industrial products through prevention mechanisms, the adoption of common rules and, where no such Union rules exist, through the principle of mutual recognition. In areas where no Union legislation exists, the principle of mutual recognition means that goods that are lawfully marketed in one Member State enjoy the right to free movement and can be sold in another Member State, always in accordance with the highest European standards and the precautionary principle. However, inadequate application of mutual recognition makes it harder for companies to access markets in other Member States. Despite the high degree of market integration in the area of goods, this leads to lost opportunities for the economy at large. The Programme should therefore aim to improve the application of mutual recognition in the area of goods and to reduce the number of illegal and non- compliant goods entering the market. by strengthening market surveillance and implementing specific provisions on product traceability, so as to identify the country in which they were manufactured and to contribute to the fight against fraud. To ensure that only safe and compliant goods are available in the internal market, it is essential to train staff in online investigations, create points of contact for cooperation with major sales and social media platforms, and cooperate with payment service providers.
Amendment 78 #
2018/0231(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) New regulatory and enforcement challenges relate to a rapidly changing environment of the digital revolution, concerning issues such as cybersecurity, data protection and privacy, internet of things or artificial intelligence. Should damage occur, stringent rules on product safety and liability are essential to ensure a policy response that allows European citizens, including consumers and businesses, to benefit from such rules. The Programme should therefore contribute to the rapid adaptation and enforcement of a Union product liability regime which fosters innovation.
Amendment 82 #
2018/0231(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Placing on the market of products that are not compliant with Union law puts those who comply at disadvantage and may endanger consumers. Many entrepreneurs disregard the rules either through lack of knowledge or intentionally to gain a competitive advantage. Market surveillance authorities are often underfunded and constrained by national boundaries, while entrepreneurs trade at Union or even global level. In particular, in the case of e-commerce, market surveillance authorities have great difficulties in tracing non-compliant products imported from third countries and identifying the responsible entity within their jurisdiction. The Programme should therefore seek to strengthen product compliance by providing the right incentives to entrepreneurs, intensifying compliance checks and promoting closer cross-border cooperation among enforcement authorities, including through spot checks, which should include anonymous checks by market surveillance authorities, imposing effective, proportionate and dissuasive penalties, and promoting closer cross-border cooperation among enforcement authorities following a risk-based approach and taking the precautionary principle into account. The Programme should also contribute to the consolidation of the existing framework for market surveillance activities, encourage joint actions of market surveillance authorities from different Member States, improve the exchange of information and promote convergence and closer integration of market surveillance activities, insuring the implementation of rules in specific sectors of particular concern to consumers, such as type approval and market surveillance of motor vehicles.
Amendment 87 #
2018/0231(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Product safety is a common concern. The conformity assessment bodies verify whether products meet the safety requirements before they are placed on the market. It is therefore of paramount importance that the conformity assessment bodies are reliable and competent. The Union has put in place a system of accreditation of the conformity assessment bodies, verifying their competence, impartiality and independence. The main challenge is now to keep the accreditation system in line with the latest state of the art and to ensure that it is applied with the same stringency across the Union. The Programme should therefore support measures to ensure that conformity assessment bodies continue fulfilling the regulatory requirements and to enhance the European accreditation system, in particular in new policy areas, by supporting the uniformity of checks and sanctions, as well as the European co-operation for Accreditation (EA) referred to in Article 14 of Regulation (EC) No 765/2008 of the European Parliament and of the Council48 and by supporting the creation of a European database of defective products and related accidents.
Amendment 89 #
2018/0231(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) As consumer markets know no borders with the development of online trade and travel services, it is important to ensure that consumers residing in the Union can benefit from adequatethe same level of protection when importing goods and services from economic operators based in third countries, compared to the goods and services offered by operators located within the internal market. The Programme should therefore allow supporting cooperation with relevant bodies located in key trading third country partners of the Union where necessary.
Amendment 92 #
2018/0231(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Public procurement is used by public authorities to ensure value for public money spent and to contribute to a more innovative, sustainable, inclusive and competitive internal market. Directive 2014/23/EU of the European Parliament and of the Council49, Directive 2014/24/EU of the European Parliament and of the Council50 and Directive 2014/25/EU of the European Parliament and of the Council51 provide the legal framework for the integration and effective functioning of the public procurement markets representing 14 % of Union’s gross domestic product, to the benefit of public authorities, businesses as well as citizens, including consumers. The Programme should therefore support measures to ensure a wider uptake of strategic public procurement, the professionalisation of public buyers, improved access to procurement markets for SMEs, facilitate the division of tenders into lots for large infrastructure works and ensure that the practice of maximum reductions is eliminated and that the most economically advantageous tender is respected in award procedures, so as to take due account of qualitative elements such as environmental considerations, social factors and innovation. The Programme should also aim to ensure increase of transparency, integrity and better data, boosting the digital transformation of procurement and promotion of joint procurement, through strengthening a partnership approach with the Member States, improving data gathering and data analysis including through development of dedicated IT tools, supporting exchange of experiences and good practices, providing guidance, pursuing beneficial trade agreements, strengthening cooperation among national authorities and launching pilot projects.
Amendment 96 #
2018/0231(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) In order to meet the objectives of the Programme and to facilitate the lives of citizens and businesses, high-quality user- centric public services need to be put in placethat are increasingly digitally orientated and fully accessible need to be put in place, in accordance with Directive (EU) 2016/2102 of the European Parliament and of the Council of 26 October 2016 on the accessibility of the websites and mobile applications of public sector bodies. This implies that public administrations will need to start working in new ways, bring down silos between the different parts of their administrations, and to engage in the co-creation of these public services with citizens and businesses. Moreover, tIn addition, it is essential to introduce an effective system for evaluating the performance of public administration as a whole and of its staff and management, also by involving users. The continuous and steady increase of cross-border activities in the internal market requires provision of up-to- date information on the rights of businesses and citizens, but also information explainadministrative formalities to be completed, as well as on the rights of businesses and citizens, including the rights of businesses with respect to creditors in the event of late payment and the rights of citizens ing the administrative formalitiesevent of the purchase of unsafe or non-compliant products, as well as their right to take part in a class action. In addition, provision of legal advice and helping to solve problems which occur at cross national level becomes essential. Furthermore, connecting national administrations in a simple and efficient manner as well as evaluating how the internal market works on the ground is necessary. The Programme should therefore support the following existing internal market governance tools: the Your Europe Portal which should be a backbone of the upcoming Single Digital Gateway, Your Europe Advice, SOLVIT, the Internal Market Information system and the Single Market Scoreboard in order to improve citizens' daily lives and businesses' ability to trade across borders.
Amendment 103 #
2018/0231(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) The Programme should also promote the correct and full implementation and application of the Union legal framework for combating corruption, anti-money laundering and countering terrorism financing by the Member States and the development of future policies to address new challenges in the field. It should also support the relevant activities of the international organisations of European interest, such as the Committee of Experts on the Evaluation of Anti-Money Laundering Measures and the Financing of Terrorism of the Council of Europe.
Amendment 109 #
2018/0231(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Many of the Union's competitiveness problems involve SMEs' difficulties in obtaining access to finance because they struggle to demonstrate their credit-worthiness and have insufficient collateral. It is therefore essential to support programmes that aim to reduce payment delays, so as to support the development of businesses, particularly SMEs. Additional financing challenges arise from SMEs' need to stay competitive by engaging e.g. in digitization, internationalization and innovation activities and skilling up their workforce. Limited access to finance has a negative effect on businesses creation, growth and survival rates, as well as on the readiness of new entrepreneurs to take over viable companies in the context of a business succession.
Amendment 110 #
2018/0231(COD)
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24a) In the application of this Regulation, the Commission should consult all relevant stakeholders, including public and private organisations representing SMEs. Particular attention should be paid to micro enterprises, enterprises engaged in craft activities, the self-employed, the liberal professions and social enterprises. Attention should also be paid to young entrepreneurs and female entrepreneurs, as well as to entrepreneurs belonging to socially disadvantaged or vulnerable groups such as people with disabilities and the elderly.
Amendment 111 #
2018/0231(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) The policy objectives of this Programme will be also addressed through financial instruments and budgetary guarantee under the SME window of the InvestEU Fund, provided that overly risky operations are avoided. Financial support should be used to address market failures or sub- optimal investment situations, in a proportionate manner and actions should not duplicate or crowd out private financing or distort competition in the internal market. Actions should have a clear European added value.
Amendment 112 #
2018/0231(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) The Programme should provide effective support for SMEs, including those in the tourism sector, throughout their life-cycle. It should build on the unique knowledge and expertise developed with regard to SMEs and industrial sectors and on a long experience in working with European, national and regional stakeholders. This support should build on the successful experience of the Enterprise Europe Network as a one-stop-shop to improve SMEs competitiveness and develop their business in the Single Market and beyond. The Network plans to continue delivering services on behalf of other Union programmes, notably for the Horizon2020 programme, using the financial resources of these programmes. Also the mentoring scheErasmus programme for newyoung entrepreneurs should remain the tool to enable new or aspiring entrepreneurs to gain business experience by matching with an experienced entrepreneur from another country and thus allow strengthening entrepreneurial talents. The Programme should further strive to grow and extend its geographical coverage and thus offer wider range of matching possibilities to entrepreneurs in complementarity with other Union initiatives where relevant, and should be able to respond to new challenges for SMEs in the single market, such as those posed by digitalisation.
Amendment 114 #
2018/0231(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Clusters are a strategic tool for supporting the competitiveness and scaling-up of SMEs as they offer favourable business environments. Joint Cluster Initiatives should achieve critical mass to accelerate the growth of SMEs. By connecting specialised eco-systems, clusters create new business opportunities for SMEs and integrate them better in European and global strategic value chains. Support should be provided for the development of transnational partnership strategies and the implementation of joint activities, supported by the European Cluster Collaboration Platform. Sustainable partnering should be encouraged with continuation funding if performance and participation milestones are reached. Direct support to SMEs should be channelled through cluster organisations for the following: uptake of advanced technologies, new business models, low- carbon and resource-efficient solutions, in order to facilitate the transition to a zero- carbon economy by 2050, creativity and design, skills upgrading, talent attraction, entrepreneurship acceleration, and internationalisation. Other specialised SME support actors should be associated to facilitate industrial transformation and implementations of smart specialisation strategies. The Programme should thus contribute to growth and build linkages with the Union's (digital) innovation hubs and investments made under Cohesion Policy and Horizon Europe. Synergies with the Erasmus programme can also be explored.
Amendment 115 #
2018/0231(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) Creativity and innovation are crucial for the competitiveness of the Union's industrial value chains. They represent catalysts for industrial modernisation and contribute to smart, inclusive sustainable growth. However, uptake by SMEs is still lagging behind. The Programme should therefore support targeted actions, networks and partnerships for creativity-driven innovationinnovation based on digital innovation and creativity throughout the societal and industrial value chain.
Amendment 118 #
2018/0231(COD)
Proposal for a regulation
Recital 32
Recital 32
Amendment 120 #
2018/0231(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) The Union contributes to ensuring a high level of consumer protection, empowering consumers and putting them at the heart of the internal market by supporting and complementing Member States’ policies in seeking to ensure that citizens when acting as consumers and prosumers can fully reap the benefits of the internal market and that, in so doing, their safety and legal and economic interests are properly protected by means of concrete actions. The Union has also to ensure that consumer and product safety laws are properly and equally enforced on the ground and that businesses enjoy a level playing field with fair competition in the internal market. Moreover, it is necessary to empower, encourage and assist consumers in making sustainable choices, thus contributing to a sustainable, energy and resource efficient and circular economy.
Amendment 125 #
2018/0231(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) The Programme should aim to raise the awareness of consumers, businesses, civil society and authorities on Union consumer and safety laws and to empower consumers and their representative organisations at national level and at the Union level notably by supporting the Bureau Européen des Unions de Consommateurs (BEUC) which is the long established and recognised NGO representing consumer interests in relation to all relevant Union policies, and the European Association for the Co- ordination of Consumer Representation in Standardisation (ANEC) which represents consumers interest in relation to standardisation issues. In doing so, particular attention should be given to new market needs regarding the promotion of sustainable consumption and the prevention of vulnerabilities as well as challenges created by the digitisation of the economy or the development of new consumption patterns and business models, such as the collaborative economy and social entrepreneurship. The Programme should support the development of relevant and exhaustive information on markets, policy challenges, emerging issues and behaviours, and the publication of the Union consumer scoreboards.
Amendment 127 #
2018/0231(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) The Programme should support national competent authorities, including those responsible for monitoring product safety, who cooperate notably via the Union’s rapid alert system for dangerous products. It should also support the enforcement of Directive 2001/95/EC of the European Parliament and of the Council58 and Regulation (EC) No 765/2008 regarding consumer protection and product safety, and the Consumer Protection Cooperation network and international cooperation between the relevant authorities in third countries and in the Union. The Programme should also aim to ensure access for all consumers and traderpromote information campaigns for consumer rights, in particular in cases of involving the purchase of products and services and in cases of fraud and unfair commercial practices, and should aim to ensure access for all consumers and traders to the process for participating in a class action, as well as to quality out of court dispute resolution and online dispute resolution and information on redress possibilities.
Amendment 129 #
2018/0231(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) The fitness check of Union consumer and marketing law carried out by the Commission in May 2017 exposed the need to better enforce rules and facilitate redress when consumers have been harmed by breaches to consumer laws. As a result the Commission adopted a "New Deal for Consumers" in April 2018 to ensure, inter alia, the equal treatment of consumers across the internal market in relation to dual quality standards, stronger enforcement capacities of Member States, enhanced product safety, including through effective, proportionate and dissuasive sanctions, increased international cooperation and new possibilities for redress notably through representative actions by qualified entities, and to bring standards up to date with the digital age by requiring platforms where products and services are sold or traded to be much more transparent to users about a range of key data. The Programme should aim to support consumer policy with awareness raising and knowledge building, capacity building and exchange of best practices of the consumer organisations and consumer protection authorities, networking and development of market intelligence, strengthening the evidence base on the functioning of the internal market for consumers, IT systems and communication tools, inter alia.
Amendment 131 #
2018/0231(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) Citizens are particularly affected by the functioning of financial services markets. These are a key component of the internal market and require a solid framework for regulation and supervision which ensures not only financial stability and a sustainable economy, but also provides a high level of protection to consumers and other financial services end users, including retail investors, savers, insurance policyholders, pension fund members and beneficiaries, individual shareholders, borrowers and SMEs. It is important to enhance their capacity to participate in policy making for the financial sector and to understand its development.
Amendment 136 #
2018/0231(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) The general objective of Union law in the food chain area is to contribute to a high level of health for humans, animals and plants along the food chain, to support the improvement of the welfare of animals, to contribute to a high level of protection and information for consumers and a high level of protection of the environment, including the preservation of biodiversity, while improving the sustainability of European food and feed productions, increasing quality standards across the Union, enhancing the competitiveness and the quality of the products of the Union food and feed industry and favouring the creation of jobs.
Amendment 141 #
2018/0231(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) Official controls carried out by the Member States are an essential tool for verifying and monitoring that relevant Union requirements are being implemented, complied with and enforced. The effectiveness and efficiency of official control systems is vital for maintaining a high level of safety for humans, animals and plants along the food chain whilst ensuring a high level of protection of the environment and of animal welfare, including upstream of industrial processes, while monitoring and minimising the impact of environmental determinants on human health, animal health and the food chain. Union financial support should be made available for such control measures. In particular, a financial contribution should be available to Union reference laboratories in order to help them bear the costs arising from the implementation of work programmes approved by the Commission. Moreover, since the effectiveness of official controls also depends on the availability to the control authorities of well trained staff with an appropriate knowledge of Union law, the Union should be able to contribute to their training and relevant exchange programmes organised by competent authorities.
Amendment 144 #
2018/0231(COD)
Proposal for a regulation
Recital 55
Recital 55
(55) The Agreement on the European Economic Area provides for cooperation in the fields subject to the Programme between the Union and its Member States, on the one hand, and the countries of the European Free Trade Association participating in the European Economic Area, on the other. Provision should also be made to open the Programme to participation by other countries, including the neighbouring countries of the Union and countries which are applying for, are candidates for or are acceding to, membership of the Union, provided that they respect the principles and the values contained in the Union Treaties. In addition, in the field of European statistics, the Programme should be open to Switzerland in accordance with the Agreement between the European Community and the Swiss Confederation on cooperation in the field of statistics64.
Amendment 147 #
2018/0231(COD)
Proposal for a regulation
Recital 70
Recital 70
(70) Finally, food chain actions such as veterinary and phytosanitary measures in case of animal and plant health crises could be complemented by market based interventions from the Union’s Common Agriculture Policy programming established by Regulation (EU) […] of the European Parliament and of the Council78, as well as by measures to monitor and address the level of environmental determinants.
Amendment 151 #
2018/0231(COD)
Proposal for a regulation
Recital 74
Recital 74
(74) To ensure regular monitoring and reporting, a proper framework for monitoring the actions and results of the Programme should be put in place from the very beginning, including through the committees dealing with the individual work programmes. Such monitoring and reporting should be based on indicators, measuring the effects of the actions under the Programme against pre-defined baselines.
Amendment 155 #
2018/0231(COD)
Proposal for a regulation
Recital 81
Recital 81
(81) Regulation (EU) 2016/679 of the European Parliament and of the Council90 governs the processing of personal data carried out in the Member States in the context of this Regulation and under the supervision of the Member States competent authorities. Regulation (EC) 45/2001 of the European Parliament and of the Council91 governs the processing of personal data carried out by the Commission within the framework of this Regulation and under the supervision of the European Data Protection Supervisor. Any exchange or transmission of information by competent authorities is to comply with the rules on the transfer of personal data as laid down in Regulation (EU) 2016/679 and in Regulation XXX [Regulation on privacy and electronic communications] and any exchange or transmission of information by the Commission is to comply with the rules on the transfer of personal data as laid down in Regulation (EC) No 45/2001.
Amendment 162 #
2018/0231(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation establishes the programme for improving the functioning of the internal market and the competitiveness of enterprises, including particular micro, small and medium-sized enterprises, including those in the tourism sector, and the framework for financing of development, production and dissemination of European statistics within the meaning of Article 13 of Regulation (EC) No 223/2009 (the 'Programme').
Amendment 168 #
2018/0231(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) to improve the functioning of the internal market, and especially to protect and empower citizens, consumers and businesses, in particular micro, small and medium-sized enterprises (SMEs), by enforcement of Union law, facilitation of market access, promoting a level playing field through fair competition between enterprises, standard setting, and by promoting human, animal and plant health and animal welfare; as well as to enhance cooperation between the competent authorities of Member States and between the competent authorities of Member States and the Commission and the decentralised Union agencies;
Amendment 170 #
2018/0231(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) to provide high-quality, comparable and reliable statistics on the European Union which underpin the design, monitoring and evaluation of all the Union policies and help policy makers, businesses, academia, citizens and media to make rapid and informed decisions and actively participate in the democratic process.
Amendment 174 #
2018/0231(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) making the internal market more effective, facilitating the prevention andof market disparities which create inequalities between companies and damage competition, promoting the removal of obstacles, supporting the development, implementation and enforcement of the Union law in the areas of the internal market for goods and services, public procurement, market surveillance as well as in the areas of company law and contract and extra- contractual law, anti-money laundering, free movement of capital, financial services and competition, including the development of governance tools, promoting market surveillance, implementing specific provisions on product traceability so as to identify the country in which they were manufactured and contributing to the fight against fraud;
Amendment 179 #
2018/0231(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
(b) improving the competitiveness of enterprises with special emphasis on SMEs, including those in the tourism sector, and achieving additionality through the provision of measures that provide various forms of support to SMEs, access to markets including the internationalisation of SMEs, favourable business environment for SMEs, the competitiveness of sectors, the modernisation of industry and the promotion of entrepreneurship;
Amendment 184 #
2018/0231(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point d – point i
Article 3 – paragraph 2 – point d – point i
(i) empowering, assisting and educating consumers, businesses and civil society; ensuring a high level of consumer protection, especially for the most vulnerable consumers, sustainable consumption and product safety and healthiness, notably by supporting competent enforcement authorities and consumer representative organisations and cooperation actions, both between Member States and with third countries, in order to combat fraud more effectively, particularly in the online sales sector, by implementing specific provisions on product traceability, so as to identify their country of origin and increase consumer confidence in digital transactions; ensuring that all consumers have access to redress and; provision of adequate information on markets and consumers; must also be ensured;
Amendment 186 #
2018/0231(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point d – point ii
Article 3 – paragraph 2 – point d – point ii
(ii) enhancing the participation of consumers, other financial services end- users and civil society in financial services policy-making; promoting a better understanding ofand a secure use of the opportunities given by the financial sector;
Amendment 190 #
2018/0231(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point e
Article 3 – paragraph 2 – point e
(e) contributing to a high level of health and safety for humans, animals and plants along the food chain and in related areas, including by preventing and eradicating diseases and pests, and to support the improvement of the welfare of animals as well as a sustainable food production and consumption, including through monitoring and addressing environmental determinants;
Amendment 199 #
2018/0231(COD)
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. Resources allocated to Member States under shared management may, at their request, be transferred to the Programme. The Commission shall implement those resources directly in accordance with point (a) of Article 62(1) of the Financial Regulation or indirectly in accordance with point (c) of that Article. Where possible tThose resources shall be used for the benefit of the Member State concerned.
Amendment 200 #
2018/0231(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d a (new)
Article 5 – paragraph 1 – point d a (new)
(da) The programme shall be open to countries described by points (b), (c) and (d) provided that the principles and rights enshrined in the European treaties and in the Charter of Fundamental Rights of the European Union are respected.
Amendment 204 #
2018/0231(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point a
Article 8 – paragraph 2 – point a
(a) creation of the right conditions to empower all actors of the internal market, including businesses, citizens and con, consumers, prosumers, civil society and public authorities through transparent information and awareness raising campaigns, best practice exchange, promotion of good practices, exchange and dissemination of expertise and knowledge and organization of trainings;
Amendment 211 #
2018/0231(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point d
Article 8 – paragraph 2 – point d
(d) support for the effective enforcement and modernisation of the Union legal framework and its rapid adaptation to the ever-changing environment, including through data gathering and analyses; studies, evaluations and policy recommendations; organization of demonstration activities and pilot projects; promoting digital literacy among citizens and companies; communication activities; development of dedicated IT tools ensuring transparent, fair and efficient functioning of the internal market, including through the efforts to combat fraud, particularly in online markets, by implementing specific provisions on product traceability.
Amendment 214 #
2018/0231(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point d a (new)
Article 8 – paragraph 2 – point d a (new)
(da) promotion of information campaigns for consumer rights, in particular in cases of involving the purchase of products and services and in cases of fraud and unfair commercial practices; facilitation of the process participating in a class action and access to quick and efficient out-of-court dispute resolution.
Amendment 216 #
2018/0231(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point d
Article 8 – paragraph 3 – point d
(d) facilitating the growth of businesses, including skills development, especially digital skills, and industrial transformation across manufacturing and service sectors, including the tourism sector;
Amendment 217 #
2018/0231(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point e
Article 8 – paragraph 3 – point e
(e) supporting the competitiveness of enterprises and whole sectors of the economy, and supporting SMEs' uptake of innovation, with a particular focus on collaborative economy models, including social entrepreneurship and e-commerce models, and value chain collaboration through strategically connecting ecosystems and clusters, including the joint cluster initiative;
Amendment 218 #
2018/0231(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point f
Article 8 – paragraph 3 – point f
(f) fostering an entrepreneurial business environment and entrepreneurial culture, including the mentoring scheErasmus programme for newyoung entrepreneurs and supporting start- ups, business sustainability and scale- ups.
Amendment 220 #
2018/0231(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point f a (new)
Article 8 – paragraph 3 – point f a (new)
(fa) supporting programmes that aim to reduce payment delays, so as to encourage the development of European businesses, particularly SMEs.
Amendment 229 #
2018/0231(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point g – point i
Article 10 – paragraph 1 – point g – point i
(i) the competent authorities of the Member States and their affiliated entities, including environmental protection authorities, the European Union Reference Laboratories and the European Union Reference Centres referred to in Articles 92, 95 and 97 of Regulation (EU) 2017/625 of the European Parliament and of the Council98 and international organisations;
Amendment 231 #
2018/0231(COD)
Proposal for a regulation
Article 11 – title
Article 11 – title
11 Evaluation and award criteriacommittees
Amendment 237 #
2018/0231(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The Programme shall be implemented by work programme(s) referred to in Article 110 of the Financial Regulation. Work programmes shall set out, where applicable, the overall amount reserved for blending operations. The work programmes shall be drawn up by the specific reference committees, bringing together experts from the Member States and acting in accordance with Regulation (EU) No 182/2011 and established by the individual basic acts. They shall set out in detail a description of the actions to be financed, the objectives of those actions and the amount allocated to each action. The programmes shall also set out the method and timing of implementation of each action and the indicators that will be used to monitor the actual correspondence with the expected results.
Amendment 245 #
2018/0231(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. The interim evaluation of the Programme shall be performedcarried out once there is sufficient information available about the implementation of the Programme, but no later than fourthree years after the start of the Pprogramme implementation.
Amendment 246 #
2018/0231(COD)
Proposal for a regulation
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2a The Commission shall monitor the implementation and management of each work programme on an annual basis and shall publish on its web portal a report on the actual implementation of the supported actions, including an assessment of the costs and benefits of the individual actions.
Amendment 249 #
2018/0231(COD)
Proposal for a regulation
Article 18 – paragraph 6
Article 18 – paragraph 6
6. The Commission shall communicate and publish on its online portal the conclusions of the evaluations accompanied by its observations, to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions.
Amendment 259 #
2018/0231(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. The Commission shall be assisted by the Standing Committee on the Food Chain and Animal Healthin each work programme by the specific reference committees established by Article 58 of Regulation (ECU) No 1782/2002 of the European Parliament and of the Council99. That committee shall be a committee within the meaning of Regulation (EU) No 182/201111 and established by the individual basic acts.
Amendment 262 #
2018/0231(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. The recipients of Union funding shall operate in a transparent manner, acknowledge the origin and ensure the visibility of the Union funding (in particular when promoting the actions and their results), by providing coherent, effective and proportionate targeted information to multiple audiences, including the media and the public.
Amendment 265 #
2018/0231(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 1 – point 1.3 – point 1.3.1
Annex I – paragraph 1 – point 1 – point 1.3 – point 1.3.1
1.3.1. Protection measures taken in the case of a direct threat to the health status of the Union as a result of the occurrence or development, in the territory of a third country, a Member State or an OCT, of one of the animal diseases and zoonoses listed in Annex III as well as protection measures, or other relevant activities, taken in support of the plant health status of the Union, such as the adoption of multiannual plans based on best agronomic practices;
Amendment 266 #
2018/0231(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 1 – point 1.3 – point 1.3.4 a (new)
Annex I – paragraph 1 – point 1 – point 1.3 – point 1.3.4 a (new)
1.3.4a measures to combat epidemic and environmental emergencies resulting from the harmful impact of environmental determinants.
Amendment 267 #
2018/0231(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 2 – point 2.3 – point b a (new)
Annex I – paragraph 1 – point 2 – point 2.3 – point b a (new)
(ba) investigations for specific periods of time with the aim of monitoring and counteracting the level of environmental determinants in situations of threat to the food supply chain;
Amendment 268 #
2018/0231(COD)
(ea) additional protection measures to limit the spread of environmental determinants that have not yet been eradicated to other areas;
Amendment 270 #
2018/0231(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 7
Annex I – paragraph 1 – point 7
7. Activities supporting a sustainable food production and consumption, in particular at local level.
Amendment 271 #
2018/0231(COD)
Proposal for a regulation
Annex II – indent 1
Annex II – indent 1
– providing high-quality statistics and disaggregated data underpinning the Excessive Deficit Procedure, Reform Support Programme and the Union'’s annual cycle of economic monitoring and guidance;
Amendment 272 #
2018/0231(COD)
Proposal for a regulation
Annex II – indent 2
Annex II – indent 2
– providing and where necessary, enhancing the Principal European Economic Indicators (PEEIs), also including data for monitoring the Social Progress Index and of the Genuine Progress Indicator;
Amendment 273 #
2018/0231(COD)
Proposal for a regulation
Annex II – indent 8
Annex II – indent 8
– providing high quality, timely and reliable statistics to support the European Pillar of Social Rights and the Union Skills Policy, including statistics on the labour market, and employment, with disaggregated data for precarious contracts and good quality jobs, statistics on education and training, income, living conditions, poverty, inequality, social protection, undeclared work and satellite accounts on skills;
Amendment 274 #
2018/0231(COD)
Proposal for a regulation
Annex II – indent 15
Annex II – indent 15
– providing key environmental statistics and indicators including on waste, water, biodiversity, forests, land use and land cover and environmental determinants, as well as climate-related statistics and environmental economic accounts, with particular focus on climate change, the Paris Agreement, the ‘energy efficiency first’ principle and the transition to a carbon neutral economy by 2050;
Amendment 276 #
2018/0231(COD)
Proposal for a regulation
Annex II – indent 19
Annex II – indent 19
– providing timely, disaggregated and comprehensive statistical indicators on regions, including the Union outermost regions, cities and rural areas to monitor and evaluate the effectiveness of territorial development policies, including technical assistance, and to evaluate the territorial impacts of sectoral policies;
Amendment 277 #
2018/0231(COD)
Proposal for a regulation
Annex III – point 29 a (new)
Annex III – point 29 a (new)
(29a) Borreliosis infection [Lyme disease]
Amendment 313 #
2018/0218(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 a (new)
Article 1 – paragraph 1 – point 5 a (new)
Regulation (EU) No 1308/2013
Article 63 – paragraph 3 – point b
Article 63 – paragraph 3 – point b
(b) the need to avoid a well-demonstrated risk of significant5a) in Article 63, paragraph 3, point (b) is amended as follows: “(b) the need to avoid a risk of devaluation of a particular protected designation of origin or a protected geographical indication. " Or. it (https://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32013R1308&from=FR)
Amendment 319 #
2018/0218(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 b (new)
Article 1 – paragraph 1 – point 5 b (new)
Regulation (EU) No 1308/2013
Article 63 a (new)
Article 63 a (new)
Amendment 327 #
2018/0218(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 c (new)
Article 1 – paragraph 1 – point 5 c (new)
Regulation (EU) No 1308/2013
Article 75 – paragraph 1 – point i a (new)
Article 75 – paragraph 1 – point i a (new)
(5c) in Article 75, paragraph 1, the following point is added: (ia) honey and apiculture products
Amendment 355 #
2018/0218(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Amendment 382 #
2018/0218(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point a
Article 1 – paragraph 1 – point 9 – point a
Regulation (EU) No 1308/2013
Article 93 – paragraph 1 – point a – point i
Article 93 – paragraph 1 – point a – point i
i) whose quality or characteristics are essentially or exclusively due to a particular geographical environment, with its inherent natural factors and, where relevant, human factors; (https://eur-lex.europa.eu/legal-content/it/TXT/HTML/?uri=CELEX:02013R1308-human factors; Or. it 20180101&from=FR)
Amendment 394 #
2018/0218(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point a
Article 1 – paragraph 1 – point 9 – point a
Regulation (EU) No 1308/2013
Article 93 – paragraph 1 – point a – subpoint v
Article 93 – paragraph 1 – point a – subpoint v
v) which is obtained from vine varieties belonging to Vitis vinifera or a cross between the Vitis vinifera species and other species of the genus Vitis.;
Amendment 444 #
2018/0218(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 18 – point a a (new)
Article 1 – paragraph 1 – point 18 – point a a (new)
Regulation (EU) No 1308/2013
Article 119 – paragraph 1 – points g a and g b (new)
Article 119 – paragraph 1 – points g a and g b (new)
(aa) In Article 119, paragraph 1, the following letters are inserted: ga) the energy value; gb) the list of ingredients
Amendment 454 #
2018/0218(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 18 – point b a (new)
Article 1 – paragraph 1 – point 18 – point b a (new)
Regulation (EU) No 1308/2013
Article 119 – paragraph 4 a (new)
Article 119 – paragraph 4 a (new)
(ba) In Article 119, the following paragraph is inserted: 4a. By way of derogation from point gb) of paragraph 1, the list of ingredients may also be communicated by other means than the label, provided that a clear and direct link is present on the label. it shall not be displayed together with other information intended for commercial or marketing purposes
Amendment 457 #
2018/0218(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 18 – point b b (new)
Article 1 – paragraph 1 – point 18 – point b b (new)
Regulation (EU) No 1308/2013
Article 119 – paragraph 4 b (new)
Article 119 – paragraph 4 b (new)
(bb) In Article 119, the following paragraph is added: 4b. In order to ensure a uniform application of point (ga) of paragraph 1, the energy value shall be expressed per 100ml, The calculation shall be based on: i) own producer’s analysis of the wine; ii) generally established and accepted data
Amendment 464 #
2018/0218(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 19 a (new)
Article 1 – paragraph 1 – point 19 a (new)
Regulation (EU) No 1308/2013
Article 121 – paragraph 2 a (new)
Article 121 – paragraph 2 a (new)
(19a) In Article 121, the following paragraph is inserted: 2 a. When presenting the nutrition declaration referred to in paragraph 1(h) of Article 119, the word “energy” can be replaced by the letter “E”.
Amendment 647 #
2018/0218(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Regulation (EU) No 1308/2013
Annex VII – part II – points 18 and 19
Annex VII – part II – points 18 and 19
Amendment 783 #
2018/0218(COD)
Proposal for a regulation
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3a. Wine placed on the market or labelled prior the application of the relevant provisions, which do not comply with the requirements of this Regulation may be marketed until the stocks are exhausted
Amendment 787 #
2018/0218(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
Points (1)(b), (4), (8), (17), (22), (27), (28) and (31) of Article 1 and Articles 4 and 5 shall apply from 1 January 2021. Points (18), (19) and (19a) of Article 1 shall apply from 1 January 2025
Amendment 242 #
2018/0217(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 5
Article 8 – paragraph 2 – subparagraph 5
Amendment 511 #
2018/0216(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) As regards the areas used for the production of hemp, in order to preserve public health and to ensure the coherence with other bodies of legislation, the use of hemp seeds varieties with tetrahydrocannabinol content below 0.23% should be part of the definition of eligible hectare.
Amendment 527 #
2018/0216(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) In view of further improving the performance of the CAP, income support should be targeted to genuine farmers. In order to ensure a common approach at Union level for such a targeting of support, a framework definition for ‘genuine farmer’ displaying the essential elements should be set out. On the basis of this framework, Member States should define in their CAP Strategic Plans which farmers are not considered genuine farmers based on conditions such as income tests, labour inputs on the farm, company object and inclusion in registers. It should also not result in precluding support to pluri-active farmers, who are actively farming but who are also engaged in non-agricultural activities outside their farmand contribute to the sustainability of the agricultural sector, as their multiple activities often strengthen the socio- economic fabric of rural areas.
Amendment 670 #
2018/0216(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Member States should set farm advisory services for the purpose of improving the sustainable management and overall performance of agricultural holdings and rural businesses, covering economic, environmental and social dimensions, and to identify the necessary improvements as regards all measures at farm level provided for in the CAP Strategic Plans. These farm advisory services should help farmers and other beneficiaries of CAP support to become more aware of the relationship between farm management and land management on the one hand, and certain standards, requirements and information, including environmental and climate ones, on the other hand. The list of the latter includes standards applying to or necessary for farmers and other CAP beneficiaries and set in the CAP Strategic Plan, as well as those stemming from the legislation on water, on the sustainable use of pesticides, as well as the initiatives to combat antimicrobial resistance and the management of risks. In order to enhance the quality and effectiveness of the advice, Member States should integrate farm advisory bodies within the Agricultural Knowledge and Innovation Systems (AKIS), in order to be able to deliver up- to-date technological and scientific information developed by research and innovation.
Amendment 740 #
2018/0216(COD)
Proposal for a regulation
Recital 30 a (new)
Recital 30 a (new)
(30a) Member States should ensure that their Strategic Plans include objectives aimed at increasing the proportion of land used for organic farming, to meet the growing market demand. In order to do so, they should be able to support both conversion and maintenance through rural support measures, measures within the first pillar, or a combination of both, to ensure that the budget is commensurate with growth prospects.
Amendment 819 #
2018/0216(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) In order to ensure a fair income and a resilient agricultural sector across the Union territory, Member States may grant support to farmers in areas facing natural and other area-specific constraints. As regards payments for ANC, the designation of the 2014-2020 Rural Development policy should continue to apply. For the CAP to deliver enhanced Union added on the environment and reinforce its synergies with the financing of investments in nature and biodiversity, it is necessary to keep a separate measure aiming at compensating beneficiaries for disadvantages related to the implementation of Natura 2000 and Water Framework Directives. Support should therefore continue to be granted to farmers and forest holders to help address specific disadvantages resulting from the implementation of Directive 2009/147/EC and Directive 92/43/EEC and in order to contribute to the effective management of Natura 2000 sites. Support should also be made available to farmers to help address disadvantages in river basin areas resulting from the implementation of the Water Framework Directive. Support should be linked to specific requirements described in the CAP Strategic Plans that go beyond relevant mandatory standards and requirements. Member States should also ensure that payments to farmers do not lead to double funding with eco schemes, while at the same time allowing enough flexibility in Strategic Plans to facilitate complementarity between different interventions. Furthermore, the specific needs of Natura 2000 areas should be taken into account by Member States in the overall design of their CAP Strategic Plans.
Amendment 993 #
2018/0216(COD)
Proposal for a regulation
Recital 58 a (new)
Recital 58 a (new)
(58a) The current level of knowledge, with regard to quantity and quality of available information, varies substantially in relation to the specific objectives identified in Article 6. For some specific objectives in particular, such as the monitoring of biodiversity and the presence of pollinators, current knowledge is insufficient to identify effective indicators. The Commission should therefore identify the areas in which this knowledge is weakest, and submit some proposals in order to fill these gaps.
Amendment 1208 #
2018/0216(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c – point ii – paragraph 2
Article 4 – paragraph 1 – point c – point ii – paragraph 2
Areas used for the production of hemp shall only be eligible hectares if the varieties used have a tetrahydrocannabinol content not exceeding 0,23 %;
Amendment 1231 #
2018/0216(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
(d) 'genuine farmers' shall be defined in a way to ensure that no support is granted to those whose agricultural activity forms only an insignificant part of their overall economic activities or whose principal business activity is not agriculturalis insignificant, while not precluding from supporting pluri-active farmers. The definition shall allow to ideterminentify which farmers are not considered genuine farmers, based on conditions such as income tests, labour inputs on the farm, company object and/or inclusion in registers.appropriate public registers. In assessing whether somebody is a 'genuine farmer' or not, Member States may use 'public lists', as mentioned in Regulation (EU) No 2017/2393. The Member State may decide that it is not necessary to assess active farmer status for farmers referred to in Article 25 of this Regulation (small farmers);
Amendment 1260 #
2018/0216(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point e – point i
Article 4 – paragraph 1 – point e – point i
(i) a maximum age limit that mayshall not exceed 40 years;
Amendment 1290 #
2018/0216(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point e a (new)
Article 4 – paragraph 1 – point e a (new)
(ea) 'short supply chain' shall mean a supply chain to consumers from farms which are committed to promoting cooperation, local economic development and close relations with local society and the local area.
Amendment 1325 #
2018/0216(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) to strengthen the socio-economic fabric of rural areas, helping to create jobs and employment in general.
Amendment 1396 #
2018/0216(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) contribute to climate change mitigation and adaptation, including through carbon soil sequestration, as well as sustainable energy;
Amendment 1399 #
2018/0216(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) contribute to climate change mitigation and adaptation, as well as sustainable energy;
Amendment 1402 #
2018/0216(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point e
Article 6 – paragraph 1 – point e
(e) foster sustainable development and efficientthe adequate management of natural resources such as water, soil and air, giving priority to farming systems that deliver multiple benefits such as enhanced management of permanent pastures, landscape features, and organic farming;
Amendment 1406 #
2018/0216(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point e
Article 6 – paragraph 1 – point e
(e) foster sustainable development and efficient management of natural resources such as water, soil and air, as well as reducing dependency on chemicals;
Amendment 1418 #
2018/0216(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point f
Article 6 – paragraph 1 – point f
(f) contribute to the protection ofhelp to reverse the decline of biodiversity, particularly agricultural biodiversity, enhance ecosystem services and preserve habitats and landscapes;
Amendment 1438 #
2018/0216(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point g
Article 6 – paragraph 1 – point g
(g) attract young farmers and facilitate business development in rural areathe starting-up of new farms by young farmers;
Amendment 1470 #
2018/0216(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point i
Article 6 – paragraph 1 – point i
(i) improve the response of EU agriculture to societal demands on food and health, - among them being compulsory origin labelling - including safe, nutritious and sustainable food, food waste, as well as animal welfare.
Amendment 1478 #
2018/0216(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point i
Article 6 – paragraph 1 – point i
(i) improve the response of EU agriculture to societal demands on food and health, including organic farming, safe, nutritious and sustainable food, food waste, as well as animal welfare.
Amendment 1629 #
2018/0216(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall ensure that all agricultural areas including land which is no longer used for production purposes, is maintained in good agricultural and environmental condition. Member States shall define, at national or regional level, minimum standards for beneficiaries for good agricultural and environmental condition of land in line with the main objective of the standards as referred to in Annex III, taking into account the specific characteristics of the areas concerned, including soil and climatic condition, existing farming systems, land use, type of crop, crop rotation, farming practices, and farm structures.
Amendment 1646 #
2018/0216(COD)
Proposal for a regulation
Article 12 – paragraph 1 c (new)
Article 12 – paragraph 1 c (new)
1c. Member States shall define specific good agricultural and environmental condition and the Statutory Management Requirements that must be met by the farmers referred to in Article 25, with the option of laying down derogations and simplified practices in comparison with those applicable to ordinary beneficiaries.
Amendment 1672 #
2018/0216(COD)
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 1
Article 12 – paragraph 3 – subparagraph 1
Member States shall establish a system for providing the Farm Sustainability Tool for Nutrientinput reductions referred to in Annex III, with the minimum content and functionalities defined therein, to beneficiaries, who shall use the Tool.
Amendment 1697 #
2018/0216(COD)
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. The Commission is empowered to adopt delegated acts in accordance with Article 138 supplementing this Regulation with rules for good agricultural and environmental condition, including establishing the elements of the system of the ratio of permanent grassland, the year of reference and the rate of conversion under GAEC 1 as referred to in Annex III, the format and additional minimum elements and functionalities of the Farm Sustainability Tool for Nutrientinput reductions.
Amendment 1728 #
2018/0216(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. The farm advisory services shall cover economic, environmental and social dimensions and deliver up to date technological and scientific information developed by research and innovation. They shall be integrated within the interrelated services of farm advisory bodies, researchers, farmer organisations and other relevant stakeholders that form the Agricultural Knowledge and Innovation Systems (AKIS).
Amendment 1761 #
2018/0216(COD)
Proposal for a regulation
Article 13 – paragraph 4 – point f a (new)
Article 13 – paragraph 4 – point f a (new)
(fa) improvements to competitiveness, sectoral integration, short supply chains and local markets, and market orientation.
Amendment 1774 #
2018/0216(COD)
Proposal for a regulation
Article 13 – paragraph 4 – point f b (new)
Article 13 – paragraph 4 – point f b (new)
(fb) support for young farmers’ farm startups and for assistance in the five years after setting up in farming.
Amendment 1795 #
2018/0216(COD)
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Article 13 a Organic farming Member States shall determine the appropriate level of support towards organic conversion and maintenance either through rural development measures in article 65 or through eco- schemes in article 28, or through a combination of both, and should ensure that allocated budgets match the expected growth in organic production
Amendment 2016 #
2018/0216(COD)
Proposal for a regulation
Article 16 – paragraph 2 – subparagraph 1
Article 16 – paragraph 2 – subparagraph 1
Member States shall set an area threshold and onlyor a minimum direct payments threshold for the purpose of granting decoupled direct payments only to genuine farmers whose eligible area of the holding or minimum amount for which decoupled direct payments are claimed goes beyond this area threshold.
Amendment 2087 #
2018/0216(COD)
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. Where the value of payment entitlements as determined in accordance with paragraph 1 is not uniform within a Member State or within a group of territories as defined in accordance with Article 18(2), Member States shall ensure a convergence of the value of payment entitlements towards a uniform unit value by claim year 20264 at the latest.
Amendment 2092 #
2018/0216(COD)
Proposal for a regulation
Article 20 – paragraph 5
Article 20 – paragraph 5
Amendment 2306 #
2018/0216(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. Member States shall support under this type of intervention genuine farmers who make commitments to observe, on eligible hectares, agricultural practices beneficial for the climate and the environment and the maintenance of pastures and landscapes, such as particular agronomic measures, organic farming, techniques compatible with park management plans, and practices that reduce emissions or facilitate the absorption of climate- changing gases.
Amendment 2350 #
2018/0216(COD)
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. Member States shall establish the list of agricultural practices and farming systems beneficial for the climate and the environment.
Amendment 2362 #
2018/0216(COD)
Proposal for a regulation
Article 28 – paragraph 4
Article 28 – paragraph 4
4. Those practices shall be designed to meet one or more of the specific environmental- and climate-related objectives laid down in points (d), (e) and (f) and the socio-economic objective in pint (i) of Article 6(1).
Amendment 2374 #
2018/0216(COD)
Proposal for a regulation
Article 28 – paragraph 4 a (new)
Article 28 – paragraph 4 a (new)
4a. Eco-schemes should be tailored to address specific regional needs for the environment and climate that can be identified in the CAP Strategic Plans.
Amendment 2507 #
2018/0216(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
Coupled income support may only be granted to the followingany sectors and productions or specific types of farming therein where these are importantstrategic for economic, social or environmental reasons: cereals, oilseeds, protein crops, grain legumes, flax, hemp, rice, nuts, starch potato, milk and milk products, seeds, sheepmeat and goatmeat, beef and veal, olive oil, silkworms, dried fodder, hops, sugar beet, cane and chicory, fruit and vegetables, short rotation coppice and other non-food crops, excluding trees, used for the production of products that have the potential to substitute fossil materials, as set out in the national Strategic Plan.
Amendment 2516 #
2018/0216(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
Coupled income support may only be granted to the following sectors and productions or specific types of farming therein where these are important for economic, social or environmental reasons: cereals, oilseeds, protein crops, grain legumes, flax, hemp, rice, nuts, starch potato, milk and milk products, seeds, sheepmeat and goatmeat, beef and veal, olive oil, silkworms, dried fodder, hops, sugar beet, cane and chicory, fruit and vegetables, short rotation coppice and other non-food crops, excluding trees, used for the production of products that have the potential to substitute fossil materials.
Amendment 2581 #
2018/0216(COD)
Proposal for a regulation
Article 39 – paragraph 1 – point a
Article 39 – paragraph 1 – point a
(a) fruit and vegetables sector, both fresh and/or for processing, as referred to in point (i) of Article 1(2) of Regulation (EU) No 1308/2013;
Amendment 2595 #
2018/0216(COD)
Proposal for a regulation
Article 39 – paragraph 1 – point f
Article 39 – paragraph 1 – point f
(f) other sectors referred to in points (a) to (h), (k), (m), (o) to (t) and (w) of Article 1(2) of Regulation (EU) No 1308/2013.
Amendment 2642 #
2018/0216(COD)
Proposal for a regulation
Article 42 – paragraph 1 – point f
Article 42 – paragraph 1 – point f
(f) boosting products' commercial value and quality, including improving product quality and developing products with a protected designation of origin, with a protected geographical indication, with eco-labelling or covered by a national quality schemes governed by the public sector or voluntary, within the meaning of Regulation (EU) No 1151/2012; those objectives relate to the specific objective set out in point (b) of Article 6(1);
Amendment 2709 #
2018/0216(COD)
Proposal for a regulation
Article 43 – paragraph 1 – point m
Article 43 – paragraph 1 – point m
(m) implementation of Union and national quality schemes governed by the public sector or voluntary, within the meaning of Regulation (EU) No 1151/2012;
Amendment 2721 #
2018/0216(COD)
Proposal for a regulation
Article 43 – paragraph 1 – point o
Article 43 – paragraph 1 – point o
(o) advisory services and technical assistance, in particular concerning the maintaining and improvement of product quality, the improvement of marketing conditions, sustainable pest control techniques, sustainable use of pesticides and climate change adaptation and mitigation;
Amendment 2730 #
2018/0216(COD)
Proposal for a regulation
Article 43 – paragraph 1 – point p a (new)
Article 43 – paragraph 1 – point p a (new)
(pa) measures aimed at improving quality through innovation.
Amendment 2754 #
2018/0216(COD)
Proposal for a regulation
Article 43 – paragraph 2 – point j
Article 43 – paragraph 2 – point j
(j) implementation of Union and national quality schemes governed by the public sector or voluntary, within the meaning of Regulation (EU) No 1151/2012;
Amendment 2887 #
2018/0216(COD)
Proposal for a regulation
Article 49 – paragraph 1 – point d
Article 49 – paragraph 1 – point d
(d) actions to support laboratories for the analysis of apiculture products, including bee mortality and possible drops in productivity;
Amendment 2900 #
2018/0216(COD)
Proposal for a regulation
Article 49 – paragraph 1 – point h a (new)
Article 49 – paragraph 1 – point h a (new)
(ha) measures to improve pollinator capacity of bees and other pollinators.
Amendment 2939 #
2018/0216(COD)
Proposal for a regulation
Article 51 – paragraph 1 – point a
Article 51 – paragraph 1 – point a
(a) improve competitiveness of Union wine producers including contributing to improvement of sustainable production systems and reduction of environmental impact of the Union wine sector, promoting environmentally friendly production methods, the sustainable use of natural resources and in particular the protection of water and soil by reducing dependence on pesticides; those objectives relate to the specific objectives set out in points (b) to (f) and (h) of Article 6(1);
Amendment 3000 #
2018/0216(COD)
Proposal for a regulation
Article 52 – paragraph 1 – point h – introductory part
Article 52 – paragraph 1 – point h – introductory part
(h) promotion carried out in third countries, to improve the competitiveness of wine companies, open and consolidate third countries markets, consisting of one or more of the following:
Amendment 3083 #
2018/0216(COD)
Proposal for a regulation
Article 57 – paragraph 2
Article 57 – paragraph 2
2. The interventions defined by the Member States referred to in Article 82(4) shall be implemented through approved operational programs of producer organisations and/or, associations of producer organisations and/or interbranch associations recognised under Regulation (EU) No 1308/2013. For this purpose Articles 61 and 62 of this Regulation shall apply.
Amendment 3087 #
2018/0216(COD)
Proposal for a regulation
Article 57 a (new)
Article 57 a (new)
Article 57a As regards the objectives set out in points (a) to (f) of Article 56, Member States may choose, in their Strategic Plans, one or more of the following types of intervention for the olive sector: (a) investments in tangible and non- tangible assets, including with reference to the restructuring and reconversion of olive groves; research and experimental production; (b) soil conservation, including the enhancement of soil carbon; (c) improving the use and management of water resources; (d) preventing damage caused by adverse weather condition; (e) energy saving and increased energy efficiency; (f) ecological packaging; (g) reducing waste; (h) improving pest resilience; (i) reducing pesticide use; (j) creating and maintaining the quality of olive production; (k) developing indigenous cultivars; (l) training, including the exchange of best practices; (m) organic production; (n) promotion, communication and marketing; (o) implementing quality schemes; (p) implementing traceability and certification systems.
Amendment 3092 #
2018/0216(COD)
Proposal for a regulation
Article 58 – paragraph 2
Article 58 – paragraph 2
Amendment 3156 #
2018/0216(COD)
Proposal for a regulation
Article 60 – paragraph 1 – point a – point x a (new)
Article 60 – paragraph 1 – point a – point x a (new)
(xa) protecting public health against the use of dangerous substances at any trophic level of the food system;
Amendment 3176 #
2018/0216(COD)
Proposal for a regulation
Article 60 – paragraph 1 – point f
Article 60 – paragraph 1 – point f
(f) promotion, communication and marketing including actions and activities aimed in particular at raising consumer awareness about the Union quality schemes and the importance of healthy diesustainable and healthy diets, highlighting in particular the need to reduce the consumption of animal farming products, and at diversification of markets;
Amendment 3253 #
2018/0216(COD)
Proposal for a regulation
Article 63 – paragraph 2 a (new)
Article 63 – paragraph 2 a (new)
2a. The financial assistance shall only be granted to genuine farmers as set out in point (d) of Article 4(1)
Amendment 3266 #
2018/0216(COD)
Proposal for a regulation
Article 64 – paragraph 1 – point c a (new)
Article 64 – paragraph 1 – point c a (new)
(ca) the economic viability of projects of development or replantations on the basis of an economic evaluation;
Amendment 3293 #
2018/0216(COD)
Proposal for a regulation
Article 64 – paragraph 1 – point h a (new)
Article 64 – paragraph 1 – point h a (new)
Amendment 3324 #
2018/0216(COD)
Proposal for a regulation
Article 65 – paragraph 4
Article 65 – paragraph 4
4. Member States shall only grant payments to farmers and other beneficiaries who undertake, on a voluntary basis, management commitments which are considered to be beneficial to achieving the specific objectives set out in Article 6(1) and which represent a novelty compared to commonly used agronomic practices.
Amendment 3356 #
2018/0216(COD)
Proposal for a regulation
Article 65 – paragraph 5 – point d a (new)
Article 65 – paragraph 5 – point d a (new)
(da) go beyond the minimum requirements for the protection of public health against the use of dangerous substances at any trophic level of the food system
Amendment 3358 #
2018/0216(COD)
Proposal for a regulation
Article 65 – paragraph 5 – point d b (new)
Article 65 – paragraph 5 – point d b (new)
(db) go beyond the minimum requirements established in the Directive 2009/128/EC
Amendment 3367 #
2018/0216(COD)
Proposal for a regulation
Article 65 – paragraph 6
Article 65 – paragraph 6
6. Member States shall compensate beneficiaries for costs incurred and income foregone resulting from the commitments made or payments shall be made to reward beneficiaries based on the value of their contribution to the objectives (d), (e), (f) and (i) of article 6.1. Where necessary, they may also cover transaction costs. In duly justified cases, Member States may grant support as a flat-rate or as a one- off payment per unit. Payments shall be granted annually.
Amendment 3382 #
2018/0216(COD)
Proposal for a regulation
Article 65 – paragraph 7
Article 65 – paragraph 7
7. Member States may promote and support collective schemes and result- based payments schemes to encourage farmers to deliver a significant enhancement of the quality of the environment and the development of typical agricultural landscapes at a larger scale and in a measurable way.
Amendment 3902 #
2018/0216(COD)
Proposal for a regulation
Article 82 – paragraph 6
Article 82 – paragraph 6
6. Member States may decide in their CAP Strategic Plans to use up to 310 % of the Member States’ allocations for direct payments set out in Annex IV, after deduction of the amounts available for cotton set out in Annex VI, for types of intervention in other sectors referred to in Section 7 of Chapter III of Title III.
Amendment 4084 #
2018/0216(COD)
Proposal for a regulation
Article 86 – paragraph 5 – subparagraph 1
Article 86 – paragraph 5 – subparagraph 1
The indicative financial allocations for the coupled income support interventions referred to in Subsection 1 of Section 2 of Chapter II of Title III, shall be limited to a maximum of 103% of the amounts set out in Annex VII.
Amendment 4093 #
2018/0216(COD)
Proposal for a regulation
Article 86 – paragraph 5 – subparagraph 2
Article 86 – paragraph 5 – subparagraph 2
Amendment 4121 #
2018/0216(COD)
Proposal for a regulation
Article 86 – paragraph 5 – subparagraph 3
Article 86 – paragraph 5 – subparagraph 3
The percentage referred to in the first subparagraph, may be increased by a maximum of 2%, provided that the amount corresponding to the percentage exceeding the 103% is allocated to the support for protein crops under Subsection 1 of Section 2 of Chapter II of Title III.
Amendment 4246 #
2018/0216(COD)
Proposal for a regulation
Article 92 – paragraph 1
Article 92 – paragraph 1
1. Member States shall aim to make, through their CAP Strategic Plans and in particular through the elements of the intervention strategy referred to in point (a) of Article 97(2), a greater overall contribution to the achievement of the specific environmental- and, climate- and health-related objectives set out in points (d), (e) and (f) of Article 6(1) in comparison to the overall contribution made to the achievement of the objective laid down in point (b) of the first subparagraph of Article 110(2) of Regulation (EU) No 1306/2013 through support under the EAGF and the EAFRD in the period 2014 to 2020.
Amendment 4341 #
2018/0216(COD)
Proposal for a regulation
Article 96 – paragraph 1 – point e a (new)
Article 96 – paragraph 1 – point e a (new)
(ea) details of the areas on which there is no information or the information is in any event insufficient for a comprehensive description of the situation regarding the objectives set out in Article 6 and for the monitoring thereof.
Amendment 4499 #
2018/0216(COD)
Proposal for a regulation
Article 106 – paragraph 5 – subparagraph 2
Article 106 – paragraph 5 – subparagraph 2
Amendment 38 #
2018/0206(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) As the main EU instrument for investing in human capital and skills, the ESF+ plays a key role in promoting social and territorial cohesion. The ESF+ should provide support to improving the quality, effectiveness and labour market relevance of education and training systems in order to facilitate the acquisition of key competences notably as regards digital skills which all individuals need for personal fulfilment and development, employment, social inclusion and active citizenship. The ESF+ should help progression within education and training and transition to work, support lifelong learning and employability, and contribute to competitiveness and societal and economic innovation by supporting scalable and sustainable initiatives in these fields. This could be achieved for example through work-based learning and apprenticeships, lifelong guidance, skills anticipation in cooperation with industry, up-to-date training materials, forecasting and graduate tracking, training of educators, validation of learning outcomes and recognition of qualifications.
Amendment 52 #
2018/0206(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) The ESF+ should support Member States’ efforts to tackle poverty with a view to breaking the cycle of disadvantage across generations including through minimum income schemes in line with principle 14 of the Pillar of Social Rights and promote social inclusion by ensuring equal opportunities for all, tackling discrimination and addressing health inequalities. This implies mobilising a range of policies targeting the most disadvantaged people regardless of their age, including children, marginalised communities such as the Roma, and the working poor, the homeless and all other people facing multiple social challenges. The ESF+ should promote the active inclusion of people far from the labour market with a view to ensuring their socio- economic integration. The ESF+ should be also used to enhance timely and equal access to affordable, sustainable and high quality services such as healthcare and long-term care, in particular family and community-based care services. The ESF+ should contribute to the modernisation of social protection systems with a view in particular to promoting their accessibility and coverage, including for people in atypical situations.
Amendment 59 #
2018/0206(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The ESF+ should contribute to the reduction of poverty by supporting national schemes aiming to alleviate food and material deprivation and promote social integration of people at risk of poverty or social exclusion and the most deprived. With a view that at Union level at least 4% of the resources of the ESF+ strand under shared management supports the most deprived, Member States should allocate at least 24% of their national resources of the ESF+ strand under shared management to address the forms of extreme poverty with the greatest social exclusion impact, such as homelessness, child poverty and food deprivation. Due to the nature of the operations and the type of end recipients, it is necessary that simpler rules apply to support which addresses material deprivation of the most deprived.
Amendment 70 #
2018/0206(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) The ESF+ should support policy and system reforms in the fields of employment, social inclusion, healthcare and long-term care, and education and training. In order to strengthen alignment with the European Semester, Member States should allocate an appropriate amount of their resources of the ESF+ strand under shared management to implement relevantthose country-specific recommendations relating to structural challenges which it is appropriate to address through multiannual invewhich are consistments falling within the scoprationale of the ESF+. The Commission and the Member States should ensure coherence, coordination and complementarity between the shared- management and Health strands of ESF+ and the Reform Support Programme, including the Reform Delivery Tool and the Technical Support Instrument. In particular, the Commission and the Member State should ensure, in all stages of the process, effective coordination in order to safeguard the consistency, coherence, complementarity and synergy among sources of funding, including technical assistance thereof, always taking into account the objectives of economic, social and territorial cohesion set out in article 174 TFEU.
Amendment 75 #
2018/0206(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) To ensure that the social dimension of Europe as set out in the European Pillar of Social Rights is duly put forward and that a minimum amount of resources is targeting those most in need Member States should allocate at least 2530% of their national ESF+ resources of the ESF+ strand under shared management to fostering social inclusion.
Amendment 79 #
2018/0206(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) In the light of persistently high levels of youth unemployment and inactivity in a number of Member States and regions, in particular affecting young people who are neither in employment, nor in education or training, it is necessary that those Member States continue to invest sufficient resources of the ESF+ strand under shared management towards actions to promote youth employment including through the implementation of Youth Guarantee schemes. Building on the actions supported by the Youth Employment Initiative in the 2014-2020 programming period targeting individual persons, Member States should further promote employment and education reintegration pathways and outreach measures for young people by prioritising, where relevant, long-term unemployed, inactive and disadvantaged young people including through youth work. Member States should also invest in measures aimed at facilitating school-to-work transition as well as reforming and adapting employment services with a view to providing tailor-made support to young people. Member States concerned should therefore allocate at least 102% of their national resources of the ESF+ strand under shared management to support youth employability.
Amendment 82 #
2018/0206(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) In accordance with Article 174 and 349 TFEU and Article 2 of Protocol No 6 to the 1994 Act of Accession, the outermost regions and the northern sparsely populated regions are entitled to specific measures under common policies and EU programmes. Due to the permanent constraints these regions require specific support.
Amendment 83 #
2018/0206(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) In accordance with Article 349 TFEU and Article 2 of Protocol No 6 to the 1994 Act of Accession, the outermost regions and the northern sparsely populated regions are entitled to specific measures under common policies and EU programmes. Due to the permanent constraints these regions require specific support.
Amendment 105 #
2018/0206(COD)
Proposal for a regulation
Recital 50 a (new)
Recital 50 a (new)
(50a) Given the diversity of the level of development in the regions and different social realities across Europe, the degree of flexibility of the ESF+ should be sufficient to take the regional and territorial specificities into account.
Amendment 106 #
2018/0206(COD)
Proposal for a regulation
Recital 50 b (new)
Recital 50 b (new)
(50b) Investments co-financed by the ESF+, in particular if related to measures aimed at social inclusion, should be deemed exempt from deficit and debt calculations in order to improve the investment capacity of the Member States.
Amendment 108 #
2018/0206(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 a (new)
Article 2 – paragraph 1 – point 3 a (new)
(3a) "social inclusion measures" means a process by which efforts are made to combat poverty and social exclusion, to ensure equal opportunities, and to create conditions enabling full and active participation in the society;
Amendment 109 #
2018/0206(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 b (new)
Article 2 – paragraph 1 – point 3 b (new)
(3b) "minimum income scheme" means a support scheme which provides a safety net for those who cannot work or access a decent job and are not eligible for social insurance;
Amendment 117 #
2018/0206(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 148 #
2018/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point ix
Article 4 – paragraph 1 – point ix
(ix) enhancing the equal and timely access to quality, sustainable and affordable services; modernising social protection and social inclusion systems, including promoting access to social protection and ensuring minimum income schemes; improving accessibility, effectiveness and resilience of healthcare systems and long-term care services;
Amendment 159 #
2018/0206(COD)
Proposal for a regulation
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
4a. Investments co-financed by the ESF+, in particular if related to social inclusion, shall be qualified as eligible investments for the application of the flexibility clause and shall be excluded from the assessment of the Member States’ budgetary position under either Article 5 of Council Regulation (EC) No 1466/97 and Article 2 of Council Regulation (EC) No 1467/97.
Amendment 166 #
2018/0206(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
Member States shall concentrate the ESF+ resources under shared management on interventions that address the challenges identified in their national reform programmes, in the European Semester as well as in the relevant country-specific recommendations adopted in accordance with Article 121(2) TFEU and Article 148(4) TFEU, and take into account and that comply with the principles and rights set out in the European Pillar of Social Rights.
Amendment 174 #
2018/0206(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 2
Article 7 – paragraph 1 – subparagraph 2
Member States and, where appropriate the Commission, shall foster synergies and ensure coordination, complementarity and coherence between the ESF+ and other Union funds, programmes and instruments such as Erasmus, the European Regional Development Fund, the Asylum and Migration Fund and the Reform Support Programme, including the Reform Delivery Tool and the Technical Support Instrument, both in the planning phase and during implementation. Member States and, where appropriate the Commission, shall optimise mechanisms for coordination to avoid duplication of effort and ensure close cooperation between those responsible for implementation to deliver coherent and streamlined support actions.
Amendment 182 #
2018/0206(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Member States shall allocate at least 2530% of their ESF+ resources under shared management to the specific objectives for the social inclusion policy area set out in points (vii) to (xi) of Article 4(1), including the promotion ofArticle 4(1), including modernising social protection systems also through minimum income schemes, promoting social integration of people at risk of poverty or social exclusion, addressing material deprivation, fostering active inclusion and promoting the socio- economic integration of third country nationals.;
Amendment 187 #
2018/0206(COD)
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1
Article 7 – paragraph 4 – subparagraph 1
Member States shall allocate at least 24% of their ESF+ resources under shared management to the specific objective of addressing social inclusion of the most deprived and/or material deprivation set out in point (xi) of Article 4(1).
Amendment 195 #
2018/0206(COD)
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 1
Article 7 – paragraph 5 – subparagraph 1
Member States having a rate of young people aged 15 to 29 not in employment, education or training above the Union average in 2019 on the basis of Eurostat data, shall allocate at least 102% of their ESF+ resources under shared management for the years 2021 to 2025 to targeted actions and structural reforms to support youth employment and school-to-work transition, pathways to reintegrate into education or training and second chance education, in particular in the context of implementing Youth Guarantee schemes.
Amendment 196 #
2018/0206(COD)
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 2
Article 7 – paragraph 5 – subparagraph 2
When programming the ESF+ resources under shared management for 2026 and 2027 at mid-term in accordance with Article [14] of [the future CPR], Member States having a rate of young people aged 15 to 29 not in employment, education or training above the Union average in 2024 on the basis of Eurostat data, shall allocate at least 102% of their ESF+ resources under shared management for the years 2026 to 2027 to these actions.
Amendment 201 #
2018/0206(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Each Member State shall ensure adequate participation of regional and local authorities, social partners and civil society organisations in the delivery of employment, education and social inclusion policies supported by the ESF+ strand under shared management.
Amendment 230 #
2018/0206(COD)
Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 2
Article 17 – paragraph 2 – subparagraph 2
The food and/or basic material assistance may be provided directly to the most deprived persons or indirectly through electronic vouchers or cards, provided that they can only be redeemed against food and/or basic material assistance as set out in Article 2(3) and are not replacing any existing social benefits.
Amendment 232 #
2018/0206(COD)
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. The delivery of food and/or material assistance mayshall be complemented with re-orientation towards competent services and other accompanying measures aiming at the social inclusion of the most deprived persons.
Amendment 236 #
2018/0206(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. a) Priorities addressing material deprivation shall use common output and result indicators, as set out in Annex II to this Regulation to monitor progress in implementation. These programmes may also use programme-specific indicators. b) Priorities addressing social inclusion shall use common output and result indicators, as set out in Annex II (1) to this Regulation to monitor progress in implementation. These programmes may also use programme specific indicators.
Amendment 251 #
2018/0206(COD)
Proposal for a regulation
Article 40 – paragraph 3
Article 40 – paragraph 3
3. The ESF+ Committee shall include one representative from each of the organisations representing workers' organisations and, employers' organisations and civil society organizations' at Union level.
Amendment 257 #
2018/0206(COD)
Proposal for a regulation
Annex II – subheading 1 a (new)
Annex II – subheading 1 a (new)
Output indicators on social inclusion assistance to the most deprived: 1. Total number of persons receiving social inclusion assistance; 2. Total number of persons met during outreach activities and street work; 3. Total number of consultations; 4. Total number of referrals to: a) other low threshold services (e.g. shelters, free medical aid, food distribution, debt counselling etc.) b) public administration services (e.g. public employment services, social benefit support, housing services etc.).
Amendment 57 #
2018/0199(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Article 176 of the Treaty on the Functioning of the European Union ('TFEU') provides that the European Regional Development Fund ('ERDF') is intended to help to redress the main regional imbalances in the Union. Under that Article and the second and third paragraphs of Article 174 of the TFEU, the ERDF is to contribute to reducing disparities between the levels of development of the various regions and to reducing the backwardness of the least favoured regions, among which particular attention is to be paid to certain categories of regions, among which cross-border regions are explicitly listed and taking into account severe and permanent natural or demographic handicaps.
Amendment 64 #
2018/0199(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) In order to support the harmonious development of the Union's territory at different levels, the ERDF should support cross-border cooperation, transnational cooperation, maritime cooperation, outermost regions’ cooperation and interregional cooperation under the European territorial cooperation goal (Interreg).
Amendment 68 #
2018/0199(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) Investments co-financed by ERDF should be deemed exempt from deficit and debt calculations in order to improve the investment capacity of the Member States.
Amendment 70 #
2018/0199(COD)
(4) The cross-border cooperation component should aim to tackle common challenges identified jointly in the border regions, and to exploit the untapped growth potential in border areas as evidenced in the Communication of the Commission 'Boosting Growth and Cohesion in EU Border Regions’23 ('Border Regions Communication'). Consequently, the cross-border component should be limited to cooperation on land borders and cross- border cooperation on maritime borders should be integrated into the transnational component. _________________ 23 Communication from the Commission to the Council and the European Parliament 'Boosting growth and cohesion in EU border regions' - COM(2017) 534 final, 20.9.2017Consequently, the cross-border component should include cooperation on both land and maritime borders.
Amendment 83 #
2018/0199(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The transnational cooperation and maritime cooperation component should aim to strengthen cooperation by means of actions conducive to integrated territorial development linked to the Union's cohesion policy priorities, and should also include maritime cross-border cooperation. Transnational cooperation should cover larger territories on the mainland of the Union, whereas maritime cooperation should cover territories around sea-basins and integrate cross-border cooperation on maritime borders during the programming period 2014-2020. Maximum flexibility should be given to continue implementing previous maritime cross-border cooperation within a larger maritime cooperation framework, in particular by defining the territory covered, the specific objectives for such cooperation, the requirements for a project partnership and the setting-up of sub-programmes and specific steering committeesooperation. .
Amendment 99 #
2018/0199(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Based on the experience with the interregional cooperation programmes under Interreg and the lack of such cooperation within programmes under the Investment for jobs and growth goal during the programming period 2014-2020, the interregional cooperation component should focus more specifically on boosting the effectiveness of cohesion policy. That component should therefore be limited to twoinclude three programmes, one to enable all kind of experience, innovative approaches and capacity building for programmes under both goals and to promote European groupings of territorial cooperation ('EGTCs') set up or to be set up pursuant to Regulation (EC) No 1082/2006 of the European Parliament and of the Council24 , one to offer opportunities for regional and local authorities across Europe to share ideas and experience on public policy in practice, therefore improving synergies for their citizens and communities, and one to improve the analysis of development trends. Project-based cooperation throughout the Union should be integrated into the new component on interregional innovation investments and closely linked to the implementation of the Communication from the Commission 'Strengthening Innovation in Europe's Regions: Strategies for resilient, inclusive and sustainable growth'25 , in particular to support thematic smart specialisation platforms on fields such as energy, industrial modernisation or agrifood. Finally, integrated territorial development focusing on functional urban areas or urban areas should be concentrated within programmes under the Investment for jobs and growth goal and in one accompanying instrument, the ‘European Urban Initiative”. The twohree programmes under the interregional cooperation component should cover the whole Union and should also be open for the participation of third countries. _________________ 24 Regulation (EC) No 1082/2006 of the European Parliament and of the Council of 5 July 2006 on a European grouping of territorial cooperation (EGTC) (OJ L 210, 31.7.2006, p. 19). 25 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions 'Strengthening Innovation in Europe's Regions: Strategies for resilient, inclusive and sustainable growth' - COM(2017) 376 final, 18.7.2017.
Amendment 116 #
2018/0199(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) It is necessary to continue supporting or, as appropriate, to establish cooperation in all its dimensions with the Union's neighbouring third countries, as such cooperation is an important regional development policy tool and should benefit the regions of the Member States which border third countries. To that effect, the ERDF and the external financing instruments of the Union, IPA27 , NDICI28 and OCTP29 , should support programmes under cross-border cooperation, transnational cooperation and maritime cooperation, outermost regions’ cooperation, and interregional cooperation. The support from the ERDF and from the external financing instruments of the Union should be based on reciprocity and proportionality. However, for IPA III CBC and NDICI CBC, the ERDF support should be complemented by at least equivalent amounts under IPA III CBC and NDICI CBC, subject to a maximum amount set out in the respective legal act, that is to say, up to 3 % of the financial envelope under IPA III and up to 4 % of the financial envelope of the Neighbourhood geographic programme under Article 4(2)(a) of the NDICI. _________________ 27 Regulation (EU) XXX establishing the Instrument for Pre-accession Assistance (OJ L xx, p. y). 28 Regulation (EU) XXX establishing the Neighbourhood, Development and International Cooperation Instrument (OJ L xx, p. y). 29 Council Decision (EU) XXX on the association of the Overseas Countries and Territories with the European Inion including relations between the European Union on the one hand and Greenland and the Kingdom of Denmark on the other (OJ L xx, p. y).
Amendment 130 #
2018/0199(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) It is necessary to set out the resources allocated to each of the different components of Interreg, including each Member State's share of the global amounts for the cross-border cooperation, the transnational cooperation and maritime cooperation, the outermost regions’ cooperation and the interregional cooperation, the potential available to Member States concerning flexibility between those components. Compared to the programming period 2014-2020, the share for cross-border cooperation should be reduced, while the share for transnational cooperation and maritime cooperation should be increased because of the integration of maritime cooperation, and a new outermost regions’ cooperation component should be created.
Amendment 186 #
2018/0199(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1 – point a
Article 3 – paragraph 1 – point 1 – point a
(a) internal cross-border cooperation between adjacent land and maritime border regions of two or more Member States or between adjacent land and maritime border regions of at least one Member State and one or more third countries listed in Article 4(3); or
Amendment 193 #
2018/0199(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1 – point b – introductory part
Article 3 – paragraph 1 – point 1 – point b – introductory part
(b) external cross-border cooperation, between adjacent land and maritime border regions of at least one Member State and of one or more of the following:
Amendment 202 #
2018/0199(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
(2) transnational cooperation and maritime cooperation over larger transnational territories or around sea- basins, involving national, regional and local programme partners in Member States, third countries and partner countries and in Greenland, with a view to achieving a higher degree of territorial integration ('component 2'; where referring only to transnational cooperation: 'component 2A'; where referring only to maritime cooperation: 'component 2B');
Amendment 226 #
2018/0199(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. For cross-border cooperation, the regions to be supported by the ERDF shall be the NUTS level 3 regions of the Union along all internal and external land and maritime borders with third countries or partner countries.
Amendment 236 #
2018/0199(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Regions on maritime borders which are connected over the sea by a fixed linkunctional area shall also be supported under cross- border cooperation.
Amendment 239 #
2018/0199(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. For external cross-border cooperation, the regions to be supported by IPA III or NDICI shall be NUTS level 3 regions of the respective partner country or, in the absence of NUTS classification, equivalent areas along all land and maritime borders between Member States and partner countries eligible under IPA III or NDICI.
Amendment 244 #
2018/0199(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. For transnational cooperation and maritime cooperation, the regions to be supported by the ERDF shall be the NUTS level 2 regions of the Union covering contiguous functional areas, taking into account, where applicable, macro-regional strategies or sea basin strategies.
Amendment 255 #
2018/0199(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1 – introductory part
Article 5 – paragraph 2 – subparagraph 1 – introductory part
Transnational cooperation and maritime cooperation Interreg programmes may cover:
Amendment 271 #
2018/0199(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The implementing act referred to in paragraph 1 shall also contain a list specifying those NUTS level 3 regions of the Union taken into account for the ERDF allocation for cross-border cooperation at all both land and maritime internal borders and those external borders covered by the external financing instruments of the Union as well as a list specifying those NUTS level 3 regions taken into account for allocation purposes under component 2B referred to in point (a) of Article 9(3).
Amendment 283 #
2018/0199(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The ERDF resources for the European territorial cooperation goal (Interreg) shall amount to EUR 8 430 000 000x xxx xxx xxx of the global resources available for budgetary commitment from the ERDF, ESF+ and the Cohesion Fund for the 2021- 2027 programming period and set out in Article [102(1)] of Regulation (EU) [new CPR].
Amendment 288 #
2018/0199(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
(a) 52.774.8 % (i.e., a total of EUR 4 440 000 000x xxx xxx xxx) for cross-border cooperation (component 1);
Amendment 299 #
2018/0199(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) 31.418 % (i.e., a total of EUR 2 649 900 000x xxx xxx xxx) for transnational cooperation and maritime cooperation (component 2);
Amendment 307 #
2018/0199(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point c
Article 9 – paragraph 2 – point c
(c) 3.21 % (i.e., a total of EUR 270 100 000xxx xxx xxx) for outermost regions' cooperation (component 3);
Amendment 320 #
2018/0199(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point d
Article 9 – paragraph 2 – point d
(d) 1.24 % (i.e., a total of EUR 100 000 000xxx xxx xxx) for interregional cooperation (component 4);
Amendment 330 #
2018/0199(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point e
Article 9 – paragraph 2 – point e
(e) 11.52,2 % (i.e., a total of EUR 970 000 000xxx xxx xxx) for interregional innovation investments (component 5).
Amendment 337 #
2018/0199(COD)
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 2 – introductory part
Article 9 – paragraph 3 – subparagraph 2 – introductory part
The allocation of resources by Member State, covering cross-border and transnational cooperation, and including the contribution from the ERDF to the European Neighbourhood Instrument and the Instrument for Pre-Accession Assistance, is determined as the weighted sum of the share of the population of border regions and of the share of the total population of each Member State. The weight is determined by the respective shares of the cross-border and transnational strands. The shares of the cross border and transnational cooperation components are 77,9 % and 22,1 %. Population size in the following regions shall be used as the criterion for the breakdown by Member State:
Amendment 340 #
2018/0199(COD)
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 2 – point a
Article 9 – paragraph 3 – subparagraph 2 – point a
(a) NUTS level 3 regions for component 1 and those NUTS level 3 regions for component 2B listed in the implementing act under Article 8(2);
Amendment 345 #
2018/0199(COD)
Proposal for a regulation
Article 9 – paragraph 5 a (new)
Article 9 – paragraph 5 a (new)
5a. Investments co-financed by the ERDF shall be qualified as eligible investments for the application of the flexibility clause and shall be excluded from the assessment of the Member States’ fiscal position under either Article 5 of Council Regulation (EC) No 1466/97 and Article 2 of Council Regulation (EC) No 1467/97.
Amendment 372 #
2018/0199(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
The co-financing rate at the level of each Interreg programme shall be not higher than 705 %, unless, with regard to external cross-border or component 3 Interreg programmes, a higher percentage is fixed in Regulations (EU) [IPA III], [NDICI] or Council Decision (EU) [OCTP] respectively or in any act adopted thereunder.
Amendment 383 #
2018/0199(COD)
Proposal for a regulation
Article 14 – paragraph 4 – point a – introductory part
Article 14 – paragraph 4 – point a – introductory part
(a) under component 1 and 2B Interreg programmes:
Amendment 389 #
2018/0199(COD)
Proposal for a regulation
Article 14 – paragraph 4 – point a – point ii a (new)
Article 14 – paragraph 4 – point a – point ii a (new)
(ii a) build up mutual trust, in particular by encouraging people-to-people actions.
Amendment 410 #
2018/0199(COD)
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
Amendment 423 #
2018/0199(COD)
Proposal for a regulation
Article 16 – paragraph 3 – subparagraph 1 a (new)
Article 16 – paragraph 3 – subparagraph 1 a (new)
In the preparation of the Interreg programmes, covering macro-regional or seabasin strategies, the Member States and the programme partners shall take into account the thematic priorities of the relevant macro-regional and sea basins strategies and consult the relevant actors. An ex ante mechanism may be set up to ensure all actors at macro-region and sea basin level, ETC programme authorities, regions and countries are brought together at the start of the programming period to decide jointly on the priorities for each programme. Those priorities shall be aligned with macro-regional or sea basin strategies’ Action Plans wherever relevant.
Amendment 435 #
2018/0199(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. In duly justified cases and in agreement with the Commission, in order to increase the efficiency of programme implementation and to achieve larger-scale operations, the Member State concerned may decide to transfer to Interreg programmes up to [x]% of the amount of the ERDF allocated to the corresponding programme under the Investment for jobs and growth goal for the same region. The amount transferred shall constitute a separate priority or separate priorities. Sufficient flexibility in the objectives and programmes setting up on regions' need in the participating countries shall be preserved.
Amendment 442 #
2018/0199(COD)
Proposal for a regulation
Article 17 – paragraph 4 – point b – point iv a (new)
Article 17 – paragraph 4 – point b – point iv a (new)
(iv a) the actions to address the specific needs of geographical areas which suffer from severe and permanent natural or demographic handicaps as referred in article 174 TFEU;
Amendment 458 #
2018/0199(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. The participating Member States and, where applicable, third or partner countries or OCTs shall provide to the Commission all necessary additional information and, where appropriate, review the Interreg programme taking into account the observations made by the Commission.
Amendment 466 #
2018/0199(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. The Commission shall assess the compliance of the amendment with Regulation (EU) [new CPR], Regulation (EU) [new ERDF] and this Regulation and may make observations within threone months of the submission of the amended programme.
Amendment 469 #
2018/0199(COD)
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. The Commission shall approve the amendment of a Interreg programme no later than sixthree months after its submission by the Member State.
Amendment 472 #
2018/0199(COD)
Proposal for a regulation
Article 19 – paragraph 5 – subparagraph 1
Article 19 – paragraph 5 – subparagraph 1
The Member State may transfer during the programming period an amount of up to 510% of the initial allocation of a priority and no more than 36% of the programme budget to another priority of the same Interreg programme.
Amendment 485 #
2018/0199(COD)
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
Amendment 575 #
2018/0199(COD)
Proposal for a regulation
Article 29 – paragraph 2 – point a
Article 29 – paragraph 2 – point a
(a) the methodology and criteria used for the selection of operations, including any changes thereto, after consultation with the Commission pursuant to Article 22(2), without prejudice to [points (b), (c) and (d) of Article 27(3)] of Regulation (EU) [new CPR];
Amendment 586 #
2018/0199(COD)
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 1
Article 31 – paragraph 1 – subparagraph 1
Each managing authority shall electronically transmit to the Commission cumulative data for the respective Interreg programme by 31 January, 31 March, 31 May, 31 July, 30 September and 30 Novy, 30 September of each year in accordance with the template in Annex [VII] to Regulation (EU) [new CPR].
Amendment 641 #
2018/0199(COD)
Proposal for a regulation
Article 44 – paragraph 5
Article 44 – paragraph 5
5. With regard to an Interreg programme under component 2B or under component 1 where the latter covers long borders with heterogenous development challenges and needs, Member States and, where applicable, third countries, partner countries and OCTs participating in an Interreg programme may define sub- programme areas.
Amendment 689 #
Amendment 698 #
Amendment 707 #
Amendment 713 #
Amendment 723 #
2018/0199(COD)
Proposal for a regulation
Article 49 – paragraph 3 – subparagraph 3
Article 49 – paragraph 3 – subparagraph 3
The total amount paid ascorresponding annual pre-financing shall be reimbursed to the Commission if no payment application under the cross- border Interreg programme is sent within 2436 months of the date on which the Commission pays the first instalment of the pre-financing amount. Such reimbursement shall constitute internal assigned revenue and shall not reduce the support from the ERDF, IPA III CBC or NDICI CBC to the programme.
Amendment 133 #
2018/0196(COD)
Proposal for a regulation
Title 0
Title 0
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, andthe European Agricultural Fund for Rural Development, the European Maritime and Fisheries Fund and financial rules for those and for the Asylum and Migration Fund, the Internal Security Fund and the Border Management and Visa Instrument
Amendment 144 #
2018/0196(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) In order to further develop a coordinated, coherent and harmonised implementation of Union Funds implemented under shared management namely the European Regional Development Fund ('ERDF'), the European Social Fund Plus ('ESF+'), the Cohesion Fund, the European Agricultural Fund for Rural Development, measures financed under shared management in the European Maritime and Fisheries Fund ('EMFF'), the Asylum and Migration Fund ('AMIF'), Internal Security Fund ('ISF') and Integrated Border Management Fund ('BMVI'), financial rules based on Article 322 of the TFEU should be established for all these Funds ('the Funds'), clearly specifying the scope of application of the relevant provisions. In addition, common provisions based on Article 177 of the TFEU should be established to cover policy specific rules for the ERDF, the ESF+, the Cohesion Fund and the EMFF.
Amendment 151 #
2018/0196(COD)
(4a) Particular attention shall be paid to rural areas, areas affected by industrial transition, and regions which suffer from severe and permanent natural or demographic handicaps.
Amendment 160 #
2018/0196(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Horizontal principles as set out in Article 3 of the Treaty on the European Union ('TEU') and in Article 10 of the TFEU, including principles of subsidiarity and proportionality as set out in Article 5 of the TEU should be respected in the implementation of the Funds, taking into account the Charter of Fundamental Rights of the European Union. Member States should also respect the obligations of the UN Convention on the Rights of Persons with Disabilities and ensure accessibility in line with its article 9 and in accordance with the Union law harmonising accessibility requirements for products and services. Member States and the Commission should aim at eliminating inequalities and at promoting equality between men and women and integrating the gender perspective, as well as at combating discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. The Funds should not support actions that contribute to any form of segregation, or social exclusion. The objectives of the Funds should be pursued in the framework of sustainable development and the Union's promotion of the aim of preserving, protecting and improving the quality of the environment as set out in Article 11 and Article 191(1) of the TFEU, taking into account the polluter pays principle, the fight against climate change and the fulfilment of the objectives of the Paris Agreement.. In order to protect the integrity of the internal market, operations benefitting undertakings shall comply with Union State aid rules as set out in Articles 107 and 108 of the TFEU.
Amendment 173 #
2018/0196(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Reflecting the importance of tackling climate change in line with the Union's commitments to implement the Paris Agreement and the United Nations Sustainable Development Goals, the Funds will contribute to mainstream climate actions and to the achievement of an overall target of 2540 % of the EU budget expenditure supporting climate objectives.
Amendment 177 #
2018/0196(COD)
(9a) Following the European Court of Auditors' recommendations, climate mainstreaming and climate earmarking should be integrated a priori into the fund specific planning and programming processes to ensure uptake of climate measures and to provide certainty to investors on longer term investment patterns. Climate tracking should differentiate between mitigation and adaptation, and the different sectors.
Amendment 179 #
2018/0196(COD)
Proposal for a regulation
Recital 9 b (new)
Recital 9 b (new)
(9b) In order to ameliorate the performance framework, output and result indicators should show the level of ambition and put respective results into the perspective of sectoral structural reform requirements, national needs and opportunities.
Amendment 180 #
2018/0196(COD)
Proposal for a regulation
Recital 9 c (new)
Recital 9 c (new)
(9c) In order to ensure compliance with GHG emission reduction requirements, a climate proofing mechanism should be applied which a) includes the Energy Efficiency First assessments in planning and preparation of projects and programmes about how much energy could be saved, before taking investment decisions on infrastructure, b) excludes fossil fuels from Funds’ eligibility, and c) applies additional climate impact and projects lifecycle assessment of programmes and planned infrastructure to ensure compliance with the sectors specific emission reduction and decarbonisation pathways.
Amendment 181 #
2018/0196(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Part of the budget of the Union allocated to the Funds should be implemented by the Commission under shared management with Member States within the meaning of Regulation (EU, Euratom) [number of the new Financial Regulation] of the European Parliament and of the Council12 (the 'Financial Regulation'). Therefore, when implementing the Funds under shared management, the Commission and the Member States should respect the principles referred to in the Financial Regulation, such as sound financial management, transparency and non- discrimination, along with the principles of economic, social and territorial cohesion enshrined in the Treaties. Member States at the appropriate territorial level, in accordance with their institutional, legal and financial framework, and the bodies designated by them for that purpose should be responsible for preparing and implementing programmes. _________________ 12 OJ L […], […], p. […].
Amendment 190 #
2018/0196(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The principle of partnership is a key feature in the implementation of the Funds, building on the multi-level governance approach and ensuring the involvement of civil society and social partners. In order to provide continuity in the organisation of partnership, Commission Delegated Regulation (EU) No 240/201413 should continue to applybe revised. Therefore, the relevant empowerment should be provided to the European Commission to make a proposal for a revised Delegated Regulation. _________________ 13 Commission Delegated Regulation (EU) No 240/2014 of 7 January 2014 on the European code of conduct on partnership in the framework of the European Structural and Investment Funds (OJ L 74, 14.3.2014, p. 1).
Amendment 206 #
2018/0196(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) At Union level, thea reformed European Semester of economic policy coordinationintegrating multilevel governance and aligned with a new long- term EU Strategy implementing the Sustainable Development Goals is the framework to identify national reform priorities and monitor their implementation. Member States develop their own national multiannual investment strategies in support of these reform priorities. These strategies should be presented at the beginning and in view of the mid-term review of the programming period alongside the yearly National Reform Programmes as a way to outline and coordinate priority investment projects to be supported by national and Union funding. They should also serve as a basis to use Union funding in a coherent manner and to maximise the added value of the financial support to be received notably from the Funds, the European Investment Stabilisation Function and InvestEU.
Amendment 222 #
2018/0196(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Member States should determine how relevant country-specific recommendations adopted in accordance with Article 121(2) of the TFEU and relevant Council recommendations adopted in accordance with Article 148(4) of the TFEU ('CSR's) are taken into account in the preparation of programming documents. During the 2021–2027 programming period ('programming period'), Member States should regularly present to the monitoring committee and to the Commission the progress in implementing the programmes in support of the CSRs, as well as the implementation of the European Pillar of Social Rights. During a mid-term review, Member States should, among other elements, consider the need for programme modifications to accommodate relevant CSRs adopted or modified since the start of the programming period.
Amendment 232 #
2018/0196(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Each Member State shcould have the flexibility to contribute to InvestEU for the provision of budgetary guarantees for investments in that Member State, under certain conditions specified in Article 10 and Article 21 of this Regulation.
Amendment 257 #
2018/0196(COD)
Proposal for a regulation
Recital 20
Recital 20
Amendment 267 #
2018/0196(COD)
Proposal for a regulation
Recital 20 a (new)
Recital 20 a (new)
(20a) Investments co-financed by the ERDF, the ESF+, the EMFF, the EAFRD, should be deemed exempt from deficit and debt calculations in order to improve the investment capacity of the Member States.
Amendment 290 #
2018/0196(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) To ensure the effectiveness, fairness and sustainable impact of the Funds, there should be provisions guaranteeing that investments in infrastructure or productive investment are long-lasting and prevent the Funds from being used to undue advantage. Managing authorities should pay particular attention not tonot support relocation when selecting operations and toshould treat sums unduly paid to operations not complying with the requirement of durability as irregularities.
Amendment 294 #
2018/0196(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) In order to optimise the added value from investments funded wholly or in part through the budget of the Union, synergies should be sought in particular between the Funds and directly managed instruments, including the Reform Deliverby developing easy to use mechanisms, the promotion of multi-level governance solutions and strong policy Tcoolrdination. Those synergies should be achieved through key mechanisms, namely the recognition of flat rates for eligible costs from Horizon Europe for a similar operation and the possibility of combining funding from different Union instruments in the same operation as long as double financing is avoided. This Regulation should therefore set out rules for complementary financing from the Funds, provided that excessive-risk operation should be avoided.
Amendment 319 #
2018/0196(COD)
Proposal for a regulation
Recital 61
Recital 61
(61) Objective criteria should be established for designating eligible regions and areas for support from the Funds. To this end, the identification of the regions and areas at Union level should be based on the common system of classification of the regions established by Regulation (EC) No 1059/2003 of the European Parliament and the Council23 , as amended by Commission Regulation (EU) No 868/201424the latest available list of NUTS II regions for which the necessary data can be provided by EUROSTAT. _________________ 23 Regulation (EC) No 1059/2003 of the European Parliament and of the Council of 26 May 2003 on the establishment of a common classification of territorial units for statistics (NUTS) (OJ L 154, 21.6.2003, p. 1). 24 Commission Regulation (EU) No 868/2014 of 8 August 2014 amending the annexes to Regulation (EC) No 1059/2003 of the European Parliament and of the Council on the establishment of a common classification of territorial units for statistics (NUTS) (OJ L 241, 13.8.2014, p. 1).
Amendment 328 #
2018/0196(COD)
Proposal for a regulation
Recital 64
Recital 64
(64) A certain amount of the resources from ERDF, the ESF+ and the Cohesion Fund should be allocated to the European Urban Initiative to contribute to the further development of the Urban Agenda for the EU, which should be implemented through direct or indirect management by the Commission.
Amendment 344 #
2018/0196(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) financial rules for the European Regional Development Fund ('ERDF'), the European Social Fund Plus ('ESF+'), the Cohesion Fund, the European Agricultural Fund for Rural Development (EAFRD), the European Maritime and Fisheries Fund ('EMFF'), the Asylum and Migration Fund ('AMIF'), the Internal Security Fund ('ISF') and the Border Management and Visa Instrument ('BMVI') ('the Funds');
Amendment 348 #
2018/0196(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) common provisions applicable to the ERDF, the ESF+, the Cohesion Fund, the EAFRD and the EMFF.
Amendment 378 #
2018/0196(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 37
Article 2 – paragraph 1 – point 37
(37) 'climate proofing' means a process to ensure that infrastructure is resilient to the adverse impacts of the climate in accordance with national rules and guidance, where available, or internationally recognised standards, and which a) includes the Energy Efficiency First assessments in planning and preparation of projects and programmes about how much energy could be saved - before taking investment decisions on infrastructure b)excludes fossil fuels from Funds’ eligibility and c) applies additional climate impact and projects lifecycle assessment of programmes and planned infrastructure to ensure compliance with the sector specific emission reduction and decarbonization pathways.
Amendment 390 #
2018/0196(COD)
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. The ERDF, the ESF+, the Cohesion Fund, the EAFRD and the EMFF shall support the following policy objectives:
Amendment 395 #
2018/0196(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) a smarter Europe by promoting innovative and smart economic transformation, for example by supporting SMEs and tourism;
Amendment 409 #
2018/0196(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) a greener, low-carbon and resilient Europe by promoting clean and fair energy transition, green and blue investment, the circular economy, climate adaptation and risk prevention and management;
Amendment 414 #
2018/0196(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) a more connected Europe by enhancing smart and sustainable mobility and regional ICT connectivity;
Amendment 449 #
2018/0196(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Member States and the Commission shall ensure the coordination, complementarity and coherence between the Funds and, including the EAFRD, other Union instruments such as the Reform Support Programme, including the Reform Delivery Tool and the Technical Support Instrument, and relevant legislation on State aid. They shall optimise mechanisms for coordination between those responsible to avoid duplication during planning and implementation.
Amendment 453 #
2018/0196(COD)
Proposal for a regulation
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4 a. Coordination mechanisms will be jointly agreed by the Commission and the Member States in the Partnership Agreement.
Amendment 456 #
2018/0196(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. The Member States, in accordance with their institutional and legal framework, and the Commission shall implement the budget of the Union allocated to the Funds under shared management in accordance with Article [63] of Regulation (EU, Euratom) [number of the new financial regulation] (the 'Financial Regulation').
Amendment 461 #
2018/0196(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. HoweverWithout prejudice to article 1, paragraph 2, the Commission shall implement the amount of support from the Cohesion Fund transferred to the Connecting Europe Facility ('CEF'), the European Urban Initiative, Interregional Innovative Investments, the amount of support transferred from the ESF+ to transnational cooperation, the amounts contributed to InvestEU37 and technical assistance at the initiative of the Commission under direct or indirect management in accordance with [points (a) and (c) of Article 62(1)] of the Financial Regulation. _________________ 37 [Regulation (EU) No […] on […] (OJ L […], […], p. […])].
Amendment 481 #
2018/0196(COD)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. Each Member State, in accordance with its institutional and legal framework, shall organise a partnership with the competent regional and local authorities. That partnership shall include at least the following partners:
Amendment 494 #
2018/0196(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) regional, local, urban and other public authorities;
Amendment 511 #
2018/0196(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c a (new)
Article 6 – paragraph 1 – point c a (new)
(c a) beneficiaries and service users;
Amendment 520 #
2018/0196(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. In accordance with the multi-level governance principle, the Member State shall involve those partners as equal stakeholders in the preparation of Partnership Agreements and throughout the preparation and, implementation and evaluation of programmes including through participation in monitoring committees in accordance with Article 34.
Amendment 530 #
2018/0196(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. At least once a year, the Commission shall consult the organisations which represent the partners at Union level on the implementation of programmes, and shall report to the European Parliament and the Council on the outcome.
Amendment 537 #
2018/0196(COD)
Proposal for a regulation
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4 a. Member States shall allocate at least 2% of the ESF+ and ERDF resources for the capacity building of social partners and civil society organisations.
Amendment 541 #
2018/0196(COD)
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Article 6 a Horizontal Principles Member States, managing authorities and the Commission shall, in all phases of implementation, comply with the obligation to integrate environmental and climate protection requirements pursuant to Article 11 TFEU, the polluter pays principle as set out in Article 191(2) TFEU, and with the requirements stemming from the Paris Agreement. In particular, Member States, managing authorities and the Commission shall, throughout the preparation and implementation of Partnership Agreements and programmes address the climate change mitigation requirements of investments in line with decarbonisation pathways and ensure resilience to the impact of climate change and natural disasters by restoring ecosystems and increasing the carbon absorption capacity of the environment.
Amendment 543 #
2018/0196(COD)
Proposal for a regulation
Article 6 b (new)
Article 6 b (new)
Article 6 b Promotion of equality between men and women and non-discrimination The Member States and the Commission shall ensure that equality between men and women and the integration of gender perspective are taken into account and promoted throughout the preparation and implementation of programmes, including in relation to monitoring, reporting and evaluation. The Member States and the Commission shall take appropriate steps to prevent any discrimination based on any ground provided for in article 21 of the Charter of Fundamental Rights of the European Union during the preparation, implementation, monitoring, reporting and evaluation of programmes. In particular, accessibility for persons with disabilities, as set out in Article 9 of the UN Convention on the Rights of Persons with Disabilities, shall be taken into account throughout the preparation and implementation of programmes.
Amendment 574 #
2018/0196(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) the selected policy objectives indicating by which of the Funds and programmes they will be pursued and a justification thereto, and where relevant, a justification for using the delivery mode of the InvestEU, taking into account relevant country-specific recommendationa concise description of the country-wide economic, social and demographic situation,complemented by the appropriate territorial breakdown, and main structural challenges;
Amendment 583 #
2018/0196(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point a a (new)
Article 8 – paragraph 1 – point a a (new)
(a a) the selected policy objectives indicating by which of the Funds and programmes they will be pursued and a justification thereto based upon finding drawn from a), and where relevant, a justification for using the delivery mode of the InvestEU, taking into account relevant country-specific recommendations;
Amendment 596 #
2018/0196(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point b – point ii
Article 8 – paragraph 1 – point b – point ii
(ii) coordination, demarcation and complementarities between the Funds and, where appropriate, coordination between national and regional programmes and coordination mechanisms for the mid term review phase;
Amendment 598 #
2018/0196(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point b – point iii
Article 8 – paragraph 1 – point b – point iii
(iii) complementarities and synergies between the Funds, including EAFRD and Interreg programmes, and other Union instruments, including LIFE strategic integrated projects and strategic nature projects;
Amendment 627 #
2018/0196(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point g a (new)
Article 8 – paragraph 1 – point g a (new)
(g a) h) where appropriate, an integrated approach to address the demographic challenges of regions and geographical areas wich suffer from sever and permanent natural or demographic handicaps, as referred to in Article 174 TFEU.
Amendment 630 #
2018/0196(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point g b (new)
Article 8 – paragraph 1 – point g b (new)
(g b) Complementarites and synergies between the funds and existing macro- regional and sea-basin strategies.
Amendment 631 #
2018/0196(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point g c (new)
Article 8 – paragraph 1 – point g c (new)
(g c) arrangements for the partnership principle as referred in Article 6, including an indicative list of partners and a summary of actions taken to involve them in the preparation of the Partnership Agreement.
Amendment 632 #
2018/0196(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point g d (new)
Article 8 – paragraph 1 – point g d (new)
(g d) an explanation on how the Funds used are aligned and contribute to the achievement of the targets, policies and measures under the National Energy and Climate Plans;
Amendment 651 #
2018/0196(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The Commission may make observations within threewo months of the date of submission by the Member State of the Partnership Agreement.
Amendment 655 #
2018/0196(COD)
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. The Commission shall adopt a decision by means of an implementing act approving the Partnership Agreement no later than fourthree months after the date of submission of that Partnership Agreement by the Member State concerned. The Partnership Agreement shall not be amendedmay be amended where appropriate and at least following the mid-term review.
Amendment 669 #
2018/0196(COD)
Proposal for a regulation
Article 10 – title
Article 10 – title
10 Use of the ERDF, the ESF+, the Cohesion Fund, the EAFRD and the EMFF delivered through InvestEU
Amendment 671 #
2018/0196(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States may allocate, in the Partnership Agreement or in the request for an amendment of a programme, the amount of ERDF, the ESF+, the Cohesion Fund and the EMFF to be contributed to InvestEU and delivered through budgetary guarantees. The amount to be contributed to InvestEU shall not exceed 5 % of the total allocation of each Fund, except in duly justified cases, without weakening the place-based approach of the Funds. Such contributions shall not constitute transfers of resources under Article 21. The amount contributed to InvestEU shall be used only to support investments located in the same category of regions within the Member State targeted by the original contributing Funds.
Amendment 680 #
2018/0196(COD)
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1 a. Whenever an amount of ERDF, ESF+, the Cohesion Fund, the EAFRD, and the EMFF is allocated to InvestEU, the enabling conditions as described in article 11 and in the annexes III and IV of this Regulation should apply.
Amendment 696 #
2018/0196(COD)
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. Where a guarantee agreement, as set out in Article [9] of the [InvestEU Regulation], has not been concluded within nine months from the approval of the contribution agreement, the respective amounts paid into the common provisioning fund as a provisioning shall be transferred back to athe original programme or programmes and the Member State shall submit a corresponding request for a programme amendment.
Amendment 799 #
Amendment 875 #
2018/0196(COD)
Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 1
Article 17 – paragraph 2 – subparagraph 1
A programme shall consist of priorities. Each priority shall correspond to a single policy objective or to technical assistance. More than one priority may correspond to the same policy objective. A priority corresponding to a policy objective shall consist of one or more specific objectives. More than one priority may correspond to the same policy objective.
Amendment 887 #
2018/0196(COD)
Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 1 – point a – point ii
Article 17 – paragraph 3 – subparagraph 1 – point a – point ii
(ii) market failures or inefficiencies, investment needs and complementarity with other forms of support;
Amendment 896 #
2018/0196(COD)
Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 1 – point a – point iii a (new)
Article 17 – paragraph 3 – subparagraph 1 – point a – point iii a (new)
(iii a) challenges and related objectives identified within National Energy and Climate Plans;
Amendment 911 #
2018/0196(COD)
Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 1 – point b
Article 17 – paragraph 3 – subparagraph 1 – point b
(b) a justification based also on evaluation evidence for the selected policy objectives, corresponding priorities, specific objectives and the forms of support;
Amendment 1006 #
2018/0196(COD)
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
4. The Commission shall adopt a decision by means of an implementing act approving the programme no later than sixthree months after the date of submission of thethe amended programme by the Member State.
Amendment 1011 #
2018/0196(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. The Commission shall assess the amendment and its compliance with this Regulation and with the Fund-specific Regulations, including requirements at national level, and may make observations within threewo months of the submission of the amended programme.
Amendment 1021 #
2018/0196(COD)
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. The Commission shall approve the amendment of a programme no later than sixtwo months after itsthe submission of the amended programme by the Member State.
Amendment 1035 #
2018/0196(COD)
Proposal for a regulation
Article 19 – paragraph 5 – subparagraph 1
Article 19 – paragraph 5 – subparagraph 1
The Member State may transfer during the programming period an amount of up to 510 % of the initial allocation of a priority and no more than 35 % of the programme budget to another priority of the same Fund of the same programme. For the programmes supported by the ERDF and ESF+, the transfer shall only concern allocations for the same category of region.
Amendment 1060 #
2018/0196(COD)
Proposal for a regulation
Article 19 – paragraph 6
Article 19 – paragraph 6
6. The approval of the Commission shall not be required for corrections of a purely clerical or editorial nature that do not affect the implementation of the programme. Member States shall inform the Commission of such corrections and for the update of information defined as indicative in the provisions regarding the programme content. Any specific amendment to the programme should ensure coherent corrections to the resulting programme documents, where appropriate.
Amendment 1073 #
2018/0196(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Member States may request the transfer of up to 5 % of programme financial allocations from any of the Funds to any other Fund under shared management or to any instrument under direct or indirect management, to projects relevant to cohesion objectives, as defined in the TFEU, aimed at supporting investments located in the same category of regions within the Member State targeted by the original contributing Funds.
Amendment 1109 #
2018/0196(COD)
Proposal for a regulation
Article 22 – paragraph 1 – point c
Article 22 – paragraph 1 – point c
(c) another territorial tool supporting initiatives designed by the Member State for investments programmed for the ERDF under theall policy objectives referred in Article 4(1)(e).
Amendment 1114 #
2018/0196(COD)
Proposal for a regulation
Article 22 a (new)
Article 22 a (new)
Article 22 a The Member States shall ensure coherence and coordination with local development strategies financed by the EAFRD.
Amendment 1123 #
2018/0196(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Territorial strategies shall be drawn upadopted under the responsibility of the relevant urban, local or other territorial authorities or bodies. Pre-existing strategic documents concerning the same territories can be updated and used as territorial strategies. The relevant managing authorities shall approve and fund the first round of strategies within 12 months of the date of the approval of the relevant programme or, in the case of strategies supported by more than one Fund, within 12 months of the date of the approval of the last programme concerned.
Amendment 1142 #
2018/0196(COD)
Proposal for a regulation
Article 23 – paragraph 5
Article 23 – paragraph 5
5. Support may be provided for the preparation or update and design of territorial strategies. , as well as for the design of the interventions to be included in the list of operations.
Amendment 1204 #
2018/0196(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. At the initiative of a Member State, the Funds may support actions, which may concern previous and subsequent programming periods, necessary for the effective administration and use of those Funds, to assure functions such as preparation, management, monitoring, evaluation, visibility and communication.
Amendment 1211 #
2018/0196(COD)
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. Technical assistance to each programme shallmay be reimbursed as a flat- rate by applying the percentages set out in paragraph 2 to the eligible expenditure included in each payment application pursuant to Article 85(3)(a) or (c) as appropriate.
Amendment 1221 #
2018/0196(COD)
Proposal for a regulation
Article 31 – paragraph 2 – point a
Article 31 – paragraph 2 – point a
(a) for the ERDF support under the Investment for jobs and growth goal, and for the Cohesion Fund support: 23,5 %;
Amendment 1254 #
2018/0196(COD)
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
Support for such actions shallmay be implemented by financing not linked to costs in accordance with Article 89.
Amendment 1399 #
2018/0196(COD)
Proposal for a regulation
Article 52 – paragraph 2
Article 52 – paragraph 2
2. Financial instruments shall provide support to final recipients only for new investments expected to be financially viable, without an excessive risk profile, such as generating revenues or savings, and which do not find sufficient funding from market sources.
Amendment 1400 #
2018/0196(COD)
Proposal for a regulation
Article 52 – paragraph 3 – subparagraph 2 – point a
Article 52 – paragraph 3 – subparagraph 2 – point a
(a) the proposed amount of programme contribution to a financial instrument and the genuine expected leverage effect;
Amendment 1401 #
2018/0196(COD)
Proposal for a regulation
Article 52 – paragraph 3 – subparagraph 3
Article 52 – paragraph 3 – subparagraph 3
The ex ante assessment may be reviewed or updated and may cover part or the entire territory of the Member State and mayshall be based on existingcurrent or updated ex ante assessments.
Amendment 1417 #
2018/0196(COD)
Proposal for a regulation
Article 54 – paragraph 2
Article 54 – paragraph 2
2. Interest and other gains attributable to support from the Funds paid to financial instruments shall be used under the same objective or objectives as the initial support from the Funds, either within the same financial instrument; or, following the winding up of the financial instrument, in other financial instruments without an excessive risk profile or other forms of support, until the end of the eligibility period.
Amendment 1430 #
2018/0196(COD)
Proposal for a regulation
Article 56 – paragraph 2
Article 56 – paragraph 2
2. Member States shall adopt the necessary measures to ensure that the resources referred to in paragraph 1 and paid back to financial instruments during a period of at least eight years after the end of the eligibility period, are re-used in accordance with the policy objectives of the programme or programmes under which they were set up, either within the same financial instrument or, following the exit of those resources from the financial instrument, in other financial instruments without an excessive risk profile or in other forms of support.
Amendment 1543 #
2018/0196(COD)
Proposal for a regulation
Article 67 – paragraph 3 – point j
Article 67 – paragraph 3 – point j
(j) ensure the climate proofing of investments in infrastructure with an expected lifespan of at least five years, including Energy Efficiency First assessments in the planning and preparation of projects and programmes concerning how much energy could be saved (before taking investment decisions on infrastructure), excluding fossil fuels from operations, and applying additional climate impact and project lifecycle assessment of programmes and planned infrastructure to ensure compliance with the sector-specific emission reduction and decarbonisation pathways.
Amendment 1546 #
2018/0196(COD)
Proposal for a regulation
Article 67 – paragraph 3 – point j a (new)
Article 67 – paragraph 3 – point j a (new)
(ja) ensure that selected operations aim to improve the social inclusion of persons with disabilities by supporting the implementation of accessible infrastructures and services.
Amendment 1620 #
2018/0196(COD)
Proposal for a regulation
Article 80 a (new)
Article 80 a (new)
Article 80 a Exclusion of investments from the assessment of Member States’ fiscal position Investments co-financed by the ERDF, ESF+, EMFF, EAFRD, and Cohesion Fund, shall be qualified as eligible investments for the application of the flexibility clause and shall be excluded from the assessment of the Member States’ fiscal position under either Article 5 of Council Regulation (EC) No 1466/97 or Article 2 of Council Regulation (EC) No 1467/97.
Amendment 1637 #
2018/0196(COD)
Proposal for a regulation
Article 84 – paragraph 2 – subparagraph 1 – point a
Article 84 – paragraph 2 – subparagraph 1 – point a
(a) 2021: 0.52 %;
Amendment 1650 #
2018/0196(COD)
Proposal for a regulation
Article 84 – paragraph 2 – subparagraph 1 – point b
Article 84 – paragraph 2 – subparagraph 1 – point b
(b) 2022: 0.52 %;
Amendment 1675 #
2018/0196(COD)
Proposal for a regulation
Article 84 – paragraph 2 – subparagraph 1 – point c
Article 84 – paragraph 2 – subparagraph 1 – point c
(c) 2023: 0.52 %;
Amendment 1688 #
2018/0196(COD)
Proposal for a regulation
Article 84 – paragraph 2 – subparagraph 1 – point d
Article 84 – paragraph 2 – subparagraph 1 – point d
(d) 2024: 0.52 %;
Amendment 1717 #
2018/0196(COD)
Proposal for a regulation
Article 84 – paragraph 2 – subparagraph 1 – point e
Article 84 – paragraph 2 – subparagraph 1 – point e
(e) 2025: 0.52 %;
Amendment 1729 #
2018/0196(COD)
Proposal for a regulation
Article 84 – paragraph 2 – subparagraph 1 – point f
Article 84 – paragraph 2 – subparagraph 1 – point f
(f) 2026: 0.52 %
Amendment 1766 #
2018/0196(COD)
Proposal for a regulation
Article 91 – paragraph 1 – point d
Article 91 – paragraph 1 – point d
Amendment 1769 #
2018/0196(COD)
Proposal for a regulation
Article 91 – paragraph 1 – point e
Article 91 – paragraph 1 – point e
Amendment 1786 #
2018/0196(COD)
Proposal for a regulation
Article 99 – paragraph 1
Article 99 – paragraph 1
1. The Commission shall decommit any amount in a programme which has not been used for pre-financing in accordance with Article 84 or for which a payment application has not been submitted in accordance with Articles 85 and 86 by 26 December of the seconthird calendar year following the year of the budget commitments for the years 2021 to 2026. In the event of payment stops on a legal or precautionary basis, an extension shall also be applied.
Amendment 1889 #
2018/0196(COD)
Proposal for a regulation
Article 105 – paragraph 1 – introductory part
Article 105 – paragraph 1 – introductory part
1. The Commission may accept a proposal by a Member State in its submission of the Partnership Agreement or in the context of the mid-term review, for a transfer: of not more than 15 % of the total allocations.
Amendment 1893 #
2018/0196(COD)
Proposal for a regulation
Article 105 – paragraph 1 – point a
Article 105 – paragraph 1 – point a
Amendment 1899 #
2018/0196(COD)
Proposal for a regulation
Article 105 – paragraph 1 – point b
Article 105 – paragraph 1 – point b
Amendment 1908 #
2018/0196(COD)
Proposal for a regulation
Article 106 – paragraph 3 – subparagraph 1 – point a
Article 106 – paragraph 3 – subparagraph 1 – point a
(a) 7085 % for the less developed regions;
Amendment 1930 #
2018/0196(COD)
Proposal for a regulation
Article 106 – paragraph 3 – subparagraph 1 – point b
Article 106 – paragraph 3 – subparagraph 1 – point b
(b) 5570 % for the transition regions;
Amendment 1950 #
2018/0196(COD)
Proposal for a regulation
Article 106 – paragraph 3 – subparagraph 1 – point c
Article 106 – paragraph 3 – subparagraph 1 – point c
(c) 450 % for the more developed regions.
Amendment 1998 #
2018/0196(COD)
Proposal for a regulation
Article 106 – paragraph 4 – subparagraph 1
Article 106 – paragraph 4 – subparagraph 1
The co-financing rate for Interreg programmes shall be no higher than 705 %.
Amendment 2025 #
2018/0196(COD)
Proposal for a regulation
Annex XXIV – point 8
Annex XXIV – point 8
Amendment 2073 #
2018/0196(COD)
Proposal for a regulation
Annex XXIV – point 8 a (new)
Annex XXIV – point 8 a (new)
8a. The allocation of resources by Member State, covering cross-border, transnational and outermost regions’ cooperation is determined as the weighted sum of the share of the population of border regions and of the share of the total population of each Member State.
Amendment 34 #
2018/0169(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Reuse of appropriately treated waste water, for example from urban waste water treatment plants or industrial installations, is considered to have a lower environmental impact than other alternative water supply methods, such as water transfers or desalination, but such reuse only occurs to a limited extent in the Union. This appears to be partly due to the lack of common Union environmental or health standards for water reuse, and, as regards in particular agricultural products, the potential obstacles to the free movementhealth and environmental risks of such products and of fields irrigated with reclaimed water.
Amendment 42 #
2018/0169(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Health standards in relation to food hygiene for agricultural products irrigated with reclaimed water can be achieved only if quality requirements for reclaimed water destined for agricultural irrigation do not differ significantly in Member States. Harmonisation of requirements will also contribute to the efficient functioning of the internal market in relation to such products. It is therefore appropriate to introduce minimum harmonisation by setting minimum requirements for water quality and monitoringquality and monitoring requirements in respect of water, products and soils. Those minimum requirements should consist of minimum parameters for reclaimed water and other stricter or additional quality requirements imposed, if necessary, by competent authorities together with any relevant preventive measures. In order to identify stricter or additional requirements for water quality, the reclamation plant operators, distributors and end-users should perform key risk management tasks. The parameters are based on the technical report of the Commission Joint Research Center and reflect the international standards on water reuse.
Amendment 49 #
2018/0169(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Risk management should comprise identifying and managing risks in a proactive way and incorporate the concept of producing, distributing and using reclaimed water of a quality required for particular uses. The risk assessment should be based on key risk management tasks and should identify any additional water quality requirements necessary to ensure sufficient protection of the environment, human and animal health.
Amendment 55 #
2018/0169(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) In order to effectively protect the environment and human health, distributors and reclamation plant operators should be primarily responsible for the quality of reclaimed and distributed water. For the purposes of compliance with the minimum requirements and any additional conditions, set by the competent authority, reclamation plant operators and distributors should monitor the quality of reclaimed water. It is therefore appropriate to establish the minimum requirements for monitoring, consisting of the frequencies of the routine monitoring and the timing and performance targets for validation monitoring. Certain requirements for routine monitoring are specified in accordance with Directive 91/271/EEC.
Amendment 61 #
2018/0169(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) It is necessary to ensure the safe use of reclaimed water, thereby encouraging water reuse at Union level and enhancing public confidence in it. Supply and use of reclaimed water for particular uses should therefore only be permitted on the basis of a permit, granted by competent authorities of Member States. In order to ensure harmonised approach at Union level, traceability and transparency, the substantive rules for that permit should be laid down at the Union level. However, the details of the procedures for granting permits should be determined by Member States. Member States should be able to apply existing procedures for granting permits which should be adapted to take account of the requirements introduced by this Regulation.
Amendment 65 #
2018/0169(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) In order to encourage confidence in water reuse, information should be provided to the public, accompanied by a system of rewards and incentives for users. Making available of information on water reuse should allow for increased transparency and traceability and could also be of particular interest to other relevant authorities for whom the specific water reuse has implications.
Amendment 66 #
2018/0169(COD)
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) It is necessary to guarantee funding to meet the 'total cost' of the system for the production, distribution and safe use of reclaimed water.
Amendment 67 #
2018/0169(COD)
Proposal for a regulation
Recital 14 b (new)
Recital 14 b (new)
(14b) It is necessary to enhance the quality and quantity of monitoring, evaluation and information, above all in areas where the environment is suffering the effects of highly pollutant industrial and agricultural activities and which are lagging behind in the construction of sewage systems and waste water collection and reclamation plants, thereby infringing European legislation.
Amendment 82 #
2018/0169(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. The purpose of this Regulation is to guarantee that reclaimed water is safe for its intended use, thereby ensuring a highthe maximum level of protection of human and animal health and the environment, addressing water scarcity and the resulting pressure on water resources in a coordinated way throughout the Union, thus also contributing to the efficient functioning of the internal market.
Amendment 92 #
2018/0169(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 7 a (new)
Article 3 – paragraph 1 – point 7 a (new)
7a. 'Reclaimed water distributor': the natural or legal person responsible for distributing reclaimed water or controlling the network;
Amendment 97 #
2018/0169(COD)
Proposal for a regulation
Article 4 – title
Article 4 – title
4 RObligations of reclamation plant operators shall ensure that reclaimed waterand deistined fributors a use specified in section 1 of Annex I, shall, at the outlet of the reclamation plant (point of compliance), comply with the following:s regards water quality
Amendment 98 #
2018/0169(COD)
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Reclamation plant operators and distributors shall ensure that reclaimed water destined for a use specified in section 1 of Annex I, shall, at the outlet of the reclamation plant (point of production compliance) and on the irrigated plots (points of final compliance), comply with the following:
Amendment 104 #
2018/0169(COD)
Proposal for a regulation
Article 4 – paragraph 2 – introductory part
Article 4 – paragraph 2 – introductory part
2. In order to ensure compliance with the requirements and conditions referred to in paragraph 1, the reclamation plant operator and distributor shall monitor water quality in accordance with the following:
Amendment 110 #
2018/0169(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a a (new)
Article 5 – paragraph 1 – point a a (new)
(aa) the 'reclaimed water distributor';
Amendment 115 #
2018/0169(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The reclamation plant operator and reclaimed water distributor shall draw-up a Water Reuse Risk Management Plan based on the key risk management tasks set out in Annex II. The Water Reuse Risk Management Plan shall propose any additional requirements to those specified in Annex I necessary to further mitigate any risks, and shall, inter alia, identify hazards, risks and appropriate preventive measures.
Amendment 122 #
2018/0169(COD)
Proposal for a regulation
Article 6 – title
Article 6 – title
6 Any supply of reclaimed water destined for a use specified in section 1 of Annex I, shall be subject to a permit.pplication for a permit to supply and use reclaimed water
Amendment 124 #
2018/0169(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Any supply and use of reclaimed water destined for a use specified in section 1 of Annex I, shall be subject to a permit.
Amendment 125 #
2018/0169(COD)
Proposal for a regulation
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3a. The user shall submit an application for the permit referred to in paragraph 1 to the competent authority of the Member State where the reclaimed water is to be used.
Amendment 126 #
2018/0169(COD)
Proposal for a regulation
Article 6 – paragraph 3 b (new)
Article 6 – paragraph 3 b (new)
3b. The procedure for obtaining a permit for use of reclaimed water shall include: (a) training in the safe and correct use of reclaimed water for farm irrigation; (b) a chemical and physical status report on the irrigated soil.
Amendment 129 #
2018/0169(COD)
Proposal for a regulation
Article 7 – title
Article 7 – title
7 For the purposes of assessing the application, the competent authority shall, if appropriate consult and exchange relevant information with the following:Granting of permit to supply reclaimed water
Amendment 131 #
2018/0169(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The permit shall be reviewed regularly and at least every fivetwo years and, if necessary, modified.
Amendment 133 #
2018/0169(COD)
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. The competent authority shall verify compliance of the reclaimed water with the conditions set out in the permit, for distribution and use at the point of production compliance and at the points of final compliance. The compliance check shall be performed using the following means:
Amendment 136 #
2018/0169(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point b a (new)
Article 8 – paragraph 1 – point b a (new)
(ba) examination of findings at the beginning and end of the season regarding the quality of soil irrigated with reclaimed water and of biennial analyses of local aquifers and groundwater;
Amendment 139 #
2018/0169(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. In the event of non-compliance, the competent authority shall require the reclamation plant operator, distributor and user to take any necessary measures to restore compliance without delay.
Amendment 163 #
2018/0169(COD)
Proposal for a regulation
Annex II – point 5 – paragraph 1 – introductory part
Annex II – point 5 – paragraph 1 – introductory part
Depending on the outcome of the risk assessment referred to in point 4, such additional requirements mayshall in particular concern:
Amendment 167 #
2018/0169(COD)
Proposal for a regulation
Annex II – point 6 – paragraph 1 – introductory part
Annex II – point 6 – paragraph 1 – introductory part
Such preventive measures mayshall include:
Amendment 168 #
2018/0169(COD)
Proposal for a regulation
Annex II – point 6 – paragraph 1 – point e a (new)
Annex II – point 6 – paragraph 1 – point e a (new)
(ea) chemical and physical monitoring of soil and groundwater.
Amendment 33 #
2018/0166R(APP)
Paragraph 4
4. Declares, moreover, its opposition to anythe reduction in the level of key EU policies, such as the EU cohesion policy andproposed by the Commission on the level of funding for some key EU policies, such as the common agricultural policy (CAP); is particularly opposed to any radical cuts that will adversely impact on the very nature and objectives of these policies, such as the cuts proposed for the Cohesion Fund or for the European Agricultural Fund for Rural Development; opposes, in this context, the proposal to reduce the European Social Fund despite its enlarged scope and the integration of the Youth Employment Initiative; calls therefore to increase the level of the European Social Fund in comparison with the EC proposal, since it may allow Member States to implement minimum income schemes in favor of EU citizens in poverty;
Amendment 87 #
2018/0166R(APP)
Paragraph 13
13. Reconfirms its formal position thatWelcomes the Commission’s proposal regarding the levels of the 2021-2027 MFF should be set at EUR 1 324,1 billion in 2018 prfunding for some programmes for the 2021-2027 MFF but stresses the need to ensure an appropriate level of funding for key EU policies, representing 1,3 % of the EU-27 GNI, in order to ensure the necessary level of funding for key EU policies that will enable them to fulfil their mission and objectisuch as the Common Agricultural Policy (CAP) and the ESF+; believes that an ambitious and realistic new MFF can be also provided without asking for an higher contribution to the Member States; believes that the national contributions of the Member States should be deducted from the calculation of the national deficit levesl;
Amendment 106 #
2018/0166R(APP)
Paragraph 14 – point x
x. Maintain the financing of the common agricultural policy (CAP) for the EU-27 at the level of the 2014-2020 budget in real terms; stresses the importance of the CAP as a key policy both for EU economy and above all for EU farmers;
Amendment 76 #
2018/0112(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Online intermediation services and online search engines, as well as the commercial transactions facilitated by those services, have an intrinsic cross- border potential and are of particular importance for the proper functioning of the Union’s internal market in today’s economy. The potentially unfair and harmful trading practices of certain providers of those services in respect of business users and corporate website users and the lack of adequate EU redress mechanisms hamper the full realisation of that potential and negatively affect the proper functioning of the internal market. In addition, the full realisation of that potential is hampered, and the proper functioning of the internal market is negatively affected, by diverging laws of certain Member States which, with a varying degree of effectiveness, regulate those services, while other Member States are considering adopting such laws.
Amendment 93 #
2018/0112(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) This Regulation should be without prejudice to Union law concerning judicial cooperation in civil matters, in particular the provisions regarding the law applicable to contractual obligations and jurisdiction contained Regulation (EC) No 593/2008 and Regulation (EU) No 1215/2012. In particular, the mere fact that an online intermediation service or search engine complies with this Regulation should not be interpreted as meaning that it directs activities to the Member State of the business users and corporate website users under Article 6(1)(b) of Regulation (EC) No 593/2008 and Article 17 (1)( c) of Regulation (EU) No 1215/2012. Hence, for the purposes of determining applicable law and jurisdiction, the mere fact that an online intermediation service interface or search engine is accessible to business users and corporate website users established or resident in the Union should not be considered per se as equivalent to directing activities to Union territory. Likewise, an online intermediation service or search engine should not, for these reasons alone, be considered as directing activities to Union territory where business users and corporate website users are established or resident, where they provide information and assistance following conclusion of the contract in accordance with the obligations of an online intermediation service or search engine provider.
Amendment 100 #
2018/0112(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) A wide variety of business-to- consumer commercial relations are intermediated online by providers operating multi-sided services that are essentially based on the same ecosystem- building business model. In order to capture the relevant services, online intermediation services should be defined in a precise and technologically-neutral manner. In particular, the services should consist of information society services, which are characterised by the fact that they aim to facilitate the initiating of direct transactions between business users and consumers, irrespective of whether the transactions are ultimately concluded either online, on the online portal of the provider of the online intermediation services in question or that of the business user, or offline. In addition, the services should be provided on the basis of contractual relationships both between the providers and business users and between the providers and theoffering goods and services to consumers. Such a contractual relationship should be deemed to exist where both parties concerned express their intention to be bound in an unequivocal and verifiable manner, without an express written agreement necessarily being required.
Amendment 105 #
2018/0112(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Examples of online intermediation services covered by this Regulation should consequently include online e-commerce market places, including collaborative ones on which business users are active, online software applications services, online intermediation services linking hardware and applications, text and voice search and assistance services and online social media services. However, this Regulation should not apply to online advertising serving tools or online advertising exchanges which are not provided with the aim of facilitating the initiation of direct transactions and which do not involve a contractual relationship with consumers. This Regulation should also not apply to online payment services, since they do not themselves meet the applicable requirements but are rather inherently auxiliary to the transaction for the supply of goods and services to the consumers concerned.
Amendment 128 #
2018/0112(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to effectively protect business users where needed, this Regulation should apply whereto the terms and conditions of a contractual relationship, regardless of their name or form, are not individually negotiated by the parties to them. Whether or not terms and conditions were individually negotiated should be determined on the basis of an overall assessment, whereby the fact that certain provisions thereof may have been individually negotiated is, in itself, not decisive.
Amendment 139 #
2018/0112(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Ensuring transparency in the general terms and conditions can be essential to promoting sustainable business relationships and to preventing unfair behaviour to the detriment of business users. Providers of online intermediation services should therefore also ensure that the terms and conditions are made public and easily available at all stages of the contractual relationship, including to prospective business users at the pre- contractual phase, and that any modifications to those terms are notified to business users within a set notice period which is reasonable and proportionate in light of the specific circumstances and which is at least 15 days. That notice period should not apply where, and to the extent that, it is waived in an unambiguous manner by the business user concerned or where, and to the extent that, the need to implement the modification without respecting the notice period stems from a legal obligation incumbent on the service provider under Union or national law. However, mere changes to the wording that do not alter the content or meaning of the terms and conditions are not covered by the definition of ‘change’.
Amendment 144 #
2018/0112(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) In order to protect business users it should be possible for a competent court to establish that non-compliant terms and conditions are not binding on the business user concerneinvalid, with effects ex nunc. Any such finding by a court should however only concern the specific provisions of the terms and conditions which are not compliant. The remaining provisions should remain valid and enforceable, in as far as they can be severed from the non- compliant provisions. Sudden modifications to existing terms and conditions may significantly disrupt business users’ operations. In order to limit such negative effects on business users, and to discourage such behaviour, modifications made in contravention of the obligation to provide a set notice period, should therefore be null and void, that is, deemed to have never existed with effects erga omnes and ex tunc.
Amendment 150 #
2018/0112(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) A provider of online intermediation services can have legitimate reasons to decide to suspend or terminate the provision of its services, in whole or in part, to a given business user, including by delisting individual goods or services of a given business user, altering the ranking, or effectively removing search results. Such decisions must in no way undermine competition on the market in which intermediation service providers or the services controlled by them operate. However, given that such decisions can significantly affect the interests of the business user concerned, they should be properly informed of the reasons thereof. The statement of reasons should allow business users to ascertain whether there is scope to challenge the decision, thereby improving the possibilities for business users to seek effective redress where necessary. In addition, requiring a statement of reasons should help to prevent or remedy any unintended removal of online content provided by business users which the provider incorrectly considers to be illegal content, in line with Commission Recommendation (EU) No 2018/33422. The statement of reasons should identify the objective ground or grounds for the decision, based on the grounds that the provider had set out in advance in its terms and conditions, and refer in a proportionate manner to the relevant specific circumstances that led to that decision. _________________ 22 Commission Recommendation (EU) No 2018/334 of 1 March 2018 on measures to effectively tackle illegal content online (OJ L 63, 6.3.2018, p. 50).
Amendment 158 #
2018/0112(COD)
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) Transparency vis-à-vis business users should also be ensured in respect of the relationship between intermediation and search engine service providers and the additional distribution channels. If the latter fall short of intermediation service standards and compromise the user’s activity, the business user must have the right to withhold the product from sale through those channels.
Amendment 161 #
2018/0112(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The ranking of goods and services by the providers of online intermediation services has an important impact on consumer choice and, consequently, on the commercial success of the business users offering those goods and services to consumers. Providers of online intermediation services should therefore outline the main parametersclearly and unequivocally the main parameters and the weighting used to determininge ranking beforehand, in order to improve predictability for business users, to allow them to better understand the functioning of the ranking mechanism and to enable them to compare the ranking practices of various providers. The notion of main parameter should be understood to refer to any general criteria, processes, specific signals incorporated into algorithms or other adjustment or demotion mechanisms used in connection with the ranking. The description of the main parameters and the weighting used to determininge ranking should also include an explanation of any possibility for business users to actively influence ranking against remuneration, as well as of the relative effects thereof. This description should provide business users with an adequate understanding of how the ranking mechanism takes account of the characteristics of the actual goods or services offered by the business user, and their relevance to the consumers of the specific online intermediation services.
Amendment 166 #
2018/0112(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Similarly, the ranking of websites by the providers of online search engines, notably of those websites through which undertakings offer goods and services to consumers, has an important impact on consumer choice and the commercial success of corporate website users. Providers of online search engines should therefore provide a clear and unequivocal description of the main parameters and the weighting used to determininge the ranking of all indexed websites, including those of corporate website users as well as other websites. In addition to the characteristics of the goods and services and their relevance for consumers, this description should in the case of online search engines also allow corporate website users to obtain an adequate understanding of whether, and if so how and to what extent, certain design characteristics of the website used, such as their optimisation for display on mobile telecommunications devices, is taken into account. In the absence of a contractual relationship between providers of online search engines and corporate website users, that description should be available to the public in an obvious and easily accessible location on the relevant online search engine. To ensure predictability for corporate website users, the description should also be kept up to date, including the possibility that any changes to the main parameters or their weighting used to determine the ranking should be made easily identifiable. Whilst the providers are under no circumstances required to disclose any trade secrets as defined in Directive (EU) 2016/943 of the European Parliament and of the Council23 when complying with this requirement to disclose the main ranking parameters and their weighting used to determine the ranking, the description given should at least be based on actual data on the relevance of the ranking parameters used and their weighting. _________________ 23 Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure (OJ L 157, 15.6.2016, p. 1).
Amendment 173 #
2018/0112(COD)
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) In order to facilitate the implementation of the Regulation, online intermediation service and search engine providers must designate a person responsible for the parameters used to determine the ranking of business users and their respective weighting. The online intermediation service and search engine providers must provide business users with the contact details of the person responsible.
Amendment 176 #
2018/0112(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Where a provider of online intermediationor search engine services itself offers certain goods or services to consumers through its own online intermediation services, or does so through a business user which it controls, that provider may compete directly with other business users of its online intermediation services which are not controlled by the provider. Where online intermediation service providers use their own controls over online intermediation or search engine services to obtain technical or economic advantages for themselves or business users controlled by them and withhold such advantages from competing business users, they undermine fair market competition and adversely affect consumers by restricting choice and increasing costs. In such situations, in particular, it is important that the provider of online intermediation services acts in a transparent manner and provides a description of any differentiated treatment, whether through legal, commercial or technical means, that it might give in respect of goods or services it offers itself compared to those offered by business users. To ensure proportionality, this obligation should apply at the level of the overall online intermediation services, rather than at the level of individual goods or services offered through those services.
Amendment 194 #
2018/0112(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Providers of online intermediation services might in certain cases restrict in the terms and conditions the ability of business users to offer goods or services to consumers under more favourable conditions through other means than through those online intermediation services. In those cases, the providers concerned should set out the grounds for doing so, in particular with reference to the main economic, commercial or legal considerations for the restrictions. This transparency obligation should however not be understood as affecting the assessment of the legality of such restrictions under other acts of Union law or the law of Member States in accordance with Union law, including in the areasSuch restrictions are inadmissible, as they prevent business users from exercising their entrepreneurial freedom to set the conditions of sale of their own products and services and may be unfavourable to consumers by depriving them of them of competndition and unfair commercial practices, and the application of such laws that are more advantageous.
Amendment 204 #
2018/0112(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The requirements of this Regulation regarding the internal complaint-handling systems aim at allowing providers of online intermediation services a reasonable degree of flexibility when operating those systems and addressing individual complaints, so as to minimise any administrative burden. In addition, the internal complaint-handling systems should allow providers of online intermediation services to address, where necessary, in a proportionate manner any use in bad faith which certain business users might seek to make of those systems. In cases other than any alleged non-compliance with the legal obligations of this Regulation, the internal complaint-handling systems should moreover not be open to complaints involving only negligible negative effects on the business user concerned. In light of the costs of setting up and operating such systems, it is appropriate to exempt from those obligations any providers of online intermediation services which constitute small enterprises, in line with the relevant provisions of Commission Recommendation 2003/361/EC25. _________________ 25 Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium- sized enterprises (OJ L 124, 20.5.2003, p36).
Amendment 214 #
2018/0112(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Providers of online intermediation services should bear a reasonable proportion of the total costs of the mediation, taking into account all relevant elements of the case at hand, unless it is shown that the business user has failed to act in good faith. To that aim, the mediator should suggest which proportion is reasonable in the individual case. However, that proportion should never be less than half of those costs.
Amendment 217 #
2018/0112(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) Various factors, such as limited financial means, a fear of retaliation and exclusive choice of law and forum provisions in terms and conditions, can limit the effectiveness of existing judicial redress possibilities, particularly those which require business users or corporate website users to act individually and identifiably. To ensure the effective application of this Regulation, associations representing business users or corporate website users, as well as certain public bodies set-up inthe bodies accredited by the Member States, should accordingly be granted the possibility to take action before national courts. Such action before national courts should aim to stop or prohibit infringements of the rules set out in this Regulation and to prevent future damage that could undermine sustainable business relationships in the online platform economy. In order to ensure that such organisations or associationeconomy. Because micro- enterprises are frequently individual or family-run concerns, their market behaviour may be assimilated with that of consumers. It is therefore considered appropriate to accord these enterprises the same protection as that accorded to consumers through representative actions. In particular, accredited bodies should have the right to initiate proceedings in the name and on behalf of micro-enterprises employing fewer than 10 persons and having an annual turnover or balance sheet total not exceeding EUR 2 million. This exemption is in line with the relevant provisions of Commission Recommendation 2003/361/EC and should be supported by suitably documented annual turnover and/or annual balance sheet totals for the group in order to prevent circumvention of this Regulation, for example through the use of subsidiaries. In order to ensure that such accredited bodies exercise that right effectively and in an appropriate manner, they should meet certain criteria. Considering the particular status of the relevant public bodies in Member States where such bodies have been set up, it should only be required that those have been specifically charged, in accordance with the relevant rules of national law, with bringing such actions either in the collective interest of the parties concerned or in the general interest, without there being a need to apply those criteria to such public bodies. Any such actions should in no way affect the rights of the business users and corporate website users to take judicial action on an individual basi. Member States should communicate to the Commission a list of accredited entities authorised to represent business users and corporate website users in accordance with the provisions of this Regulation. The Commission should publish and update on its online interface a list of accredited bodies.
Amendment 227 #
2018/0112(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation lays down rules to ensure that business users of online intermediation services, online search engines and corporate website users in relation to online search engines are granted appropriate transparency and effective redress possibilities.
Amendment 233 #
2018/0112(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Regulation shall apply to online intermediation services and online search engines provided, or offered to be provided, tothat direct their business at business users and corporate website users, respectively, that have their place of establishment or residence in the Union and that, through online intermediation services or online search engines, offer goods or services to consumers located in the Union, irrespective of the place of establishment or residence of the providers of those services.
Amendment 256 #
2018/0112(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point c
Article 2 – paragraph 1 – point 2 – point c
(c) they are provided to business users on the basis of contractual relationships between, on the one hand, the provider of those services and, on the other hand, both those business users and the consumers to which those business users which offer goods orand services to consumers;
Amendment 265 #
2018/0112(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) ‘online search engine’ means a digital service that allows users to perform searches of, in principle, all websites or websites in a particular language or other online interfaces, including ‘mobile’ applications on the basis of a query on any subject in the form of a keyword, phrase or other input, and returns linksresults in any format in which information related to the requested content can be found;
Amendment 272 #
2018/0112(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
(7) ‘corporate website user’ means any natural or legal person which uses websitesan online interface, meaning any software, including a website and its ‘mobile applications’, to offer goods or services to consumers for purposes relating to its trade, business, craft or profession;
Amendment 283 #
2018/0112(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10 a (new)
Article 2 – paragraph 1 – point 10 a (new)
(10a) ‘Mediation’ means an alternative procedure for settlement of disputes as defined in Article 3(a) of Directive 2008/52/EC of the European Parliament and of the Council on certain aspects of mediation in civil and commercial matters.
Amendment 286 #
2018/0112(COD)
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. Providers of online intermediation services and of online search engines shall ensure that their terms and conditions:
Amendment 295 #
2018/0112(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) are publically and easily available for business users at all stages of their commercial relationship with the provider of online intermediation services or with the provider of online search engines, including in the pre-contractual stage;
Amendment 300 #
2018/0112(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) set out the objectivin detail the grounds for decisions to restrict, suspend or terminate, in whole or in part, the provision of their online intermediation services to business users. A statement of reasons shall also be provided if the user’s ranking worsens and shall be consistent with the terms and conditions of the service.
Amendment 312 #
2018/0112(COD)
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. Transparency vis-à-vis business users shall also be ensured in respect of the relationship between intermediation service providers and additional distribution channels. If these channels fall short of intermediation service standards and compromise users’ business, business users shall have the right to request that their product be withdrawn from those channels.
Amendment 315 #
2018/0112(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Terms and conditions, or specific provisions thereof, which do not comply with the requirements of paragraph 1 shall not be binding on the business user concernevalid where such non-compliance is established by a competent court.
Amendment 320 #
2018/0112(COD)
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1
Article 3 – paragraph 3 – subparagraph 1
Providers of online intermediation services and of online search engines shall notify to the business users concerned any envisaged modification of their terms and conditions where this concerns the relationship with the user.
Amendment 331 #
2018/0112(COD)
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 2
Article 3 – paragraph 3 – subparagraph 2
The envisaged modifications shall not be implemented before the expiry of a notice period which is reasonable and proportionate to the nature and extent of the envisaged modifications and to their consequences for the business user concerned. That notice period shall be at least 15 days from the date on which the provider of online intermediation services or of online search engines notifies the business users concerned about the envisaged modifications.
Amendment 336 #
2018/0112(COD)
Proposal for a regulation
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. In the event that a provider of online intermediation services or of online search engines has to modify its terms and conditions as a matter of urgency in order to protect customers of the service, it may notify the public authority of the modification by means of an emergency procedure. The public authority shall have one working day in which it may object to the modification request. Once this time period has passed, the modification shall be deemed to be accepted and paragraph 3 shall not apply.
Amendment 340 #
2018/0112(COD)
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Modifications to terms and conditions implemented by a provider of online intermediation services or a provider of online search engines contrary to the provisions of paragraph 3 shall be null and void.
Amendment 346 #
2018/0112(COD)
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
5. Paragraph 3 shall not apply where a provider of online intermediation services or of online search engines is subject to a legal obligation which requires it to modify its terms and conditions in a manner which does not allow it to respect the notice period referred to in the second subparagraph of paragraph 3.
Amendment 355 #
2018/0112(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Where a provider of online intermediation services decides toor online search engines decides to restrict, suspend or terminate, in whole or in part, the provision of its online intermediation services to a given business user, it shall provide the business user concerned, without undue delay, with a statement of reasons for that decision. A statement of reasons shall also be provided in the event of a user’s ranking worsening.
Amendment 366 #
2018/0112(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The statement of reasons referred to in paragraph 1 shall contain a reference to the specific facts or circumstances that led to the decision of the provider of online intermediation services or of online search engines, as well as a reference to the applicable objective ground or grounds for that decision referred to in Article 3(1)(c).
Amendment 382 #
2018/0112(COD)
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1
Article 5 – paragraph 1 – subparagraph 1
Providers of online intermediation services shall set out in their terms and conditions the main parameters determining ranking and the reasons for the relative importance of those main parameters as opposed to other parametersand providers of online search engines shall set out clearly and unambiguously in their terms and conditions the main parameters and how they are weighted to determine ranking.
Amendment 398 #
2018/0112(COD)
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 2
Article 5 – paragraph 1 – subparagraph 2
Where those main parameters include the possibility to influence ranking against any direct or indirect remuneration paid by business users to the provider of online intermediation services or the provider of online search engines concerned, that provider of online intermediation services or of online search engines shall also include in its terms and conditions a description of those possibilities and of the effects of such remuneration on ranking.
Amendment 404 #
2018/0112(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Providers of online search engines shall set out for corporate website users the main parameters, and how they are weighted to determininge ranking in the search result pages, by providing an easily and publicly available description, drafted in clear and unambiguous language on the online search engines of those providers. They shall keep that description up to date.
Amendment 437 #
2018/0112(COD)
Proposal for a regulation
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
Amendment 440 #
2018/0112(COD)
Proposal for a regulation
Article 5 – paragraph 4 b (new)
Article 5 – paragraph 4 b (new)
4b. Providers of online search engines shall apply non-discriminatory classification criteria to all corporate website users. In particular, processes and methods which impact upon visibility, activation, ranking and interaction with users or on the graphic format of a search result shall be the same for all users.
Amendment 448 #
2018/0112(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Providers of online intermediation services and of online search engines shall include in their terms and conditions a clear and unambiguous description of any differentiated treatment which they give, or may give, in relation to, on the one hand, goods or services offered or displayed to consumers through those online intermediation services or through online search engines by either that provider itself or any business users which that provider controls and, on the other hand, other business users.
Amendment 451 #
2018/0112(COD)
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. Providers of online intermediation services and providers of online search engines shall allow consumers to choose in a simple and intuitive manner the goods or services they wish to have as their default option. Similarly, services controlled by providers of online intermediation services and of online search engines shall not have preconfigured options but shall allow consumers to choose the goods or services they wish as default options.
Amendment 453 #
2018/0112(COD)
Proposal for a regulation
Article 6 – paragraph 1 b (new)
Article 6 – paragraph 1 b (new)
1b. Providers of online intermediation services and online search engines may not in any way endow with technical or economic advantages their offer of their own services or of services they control to commercial users, nor may they in any way interfere in the relationship between commercial users in competition with them and consumers to whom said commercial users offer goods and services, including by blocking or restricting the flow of information and communications, including publicity and marketing, between these parties.
Amendment 455 #
2018/0112(COD)
Proposal for a regulation
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. The description referred to in paragraph 1 shall cover at least, where applicable, any differentiated treatment through specific measures taken by, or the behaviour of, the provider of the online intermediation services or the provider of online search engines relating to any of the following:
Amendment 458 #
2018/0112(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) access that the provider, or that the business users which that provider controls, may have to any personal data or other data, or both, which business users or consumers provide for the use of the online intermediation services or the online search engines concerned or which are generated through the provision of those services;
Amendment 469 #
2018/0112(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) any direct or indirect remuneration charged for the use of the online intermediation services or online search engines concerned;
Amendment 470 #
2018/0112(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point d
Article 6 – paragraph 2 – point d
(d) access to, or conditions for use of, services that are directly connected or ancillary to the online intermediation services or online search engines concerned.
Amendment 482 #
2018/0112(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Providers of online intermediation services and online search engines shall include in their terms and conditions a description of the technical and contractual access, or absence thereof, of business users to any personal data or other data, or both, which business users or consumers provide for the use of the online intermediation services and online search engines concerned or which are generated through the provision of those services. This Regulation is without prejudice to the application of Regulation (EU) 2016/679.
Amendment 492 #
2018/0112(COD)
Proposal for a regulation
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. Through the description referred to in paragraph 1, providers of online intermediation services and online search engines shall adequately inform business users at least of the following:
Amendment 500 #
2018/0112(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) whether the provider of online intermediation services and online search engines has access to personal data or other data, or both, which business users or consumers provide for the use of those services or which are generated through the provision of those services, and if so, to which categories of such data and under what conditions and whether the data has been passed on to third parties;
Amendment 502 #
2018/0112(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) whether a business user has access to personal data or other data, or both, provided by that business user in connection to his or her use of the online intermediation services and online search engines concerned or generated through the provision of those services to that business user and the consumers of his or her goods or services, and if so, to which categories of such data and under what conditions;
Amendment 510 #
2018/0112(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point c
Article 7 – paragraph 2 – point c
(c) whether, in addition to point (b), a business user has access to personal data or other data, or both, including in aggregated form, provided by or generated through the provision of the online intermediation services and online search engines to all of the business users and consumers thereof, and if so, to which categories of such data and under what conditions.
Amendment 523 #
2018/0112(COD)
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. Business users shall ensure that data supplied to providers of online intermediation services and online search engines are easy to understand and suited to compliance with the legal obligations of providers, particularly obligations towards consumers.
Amendment 533 #
2018/0112(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Where, iIn the provision of their services, providers of online intermediation services and online search engines may not restrict the ability of business users to offer the same goods and services to consumers under different conditions through other means than through those services, they shall include grounds for that restriction in their terms and conditions and make those grounds easily available to the public. Those grounds shall include the main economic, commercial or legal considerations for those restrictions.
Amendment 550 #
2018/0112(COD)
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
Providers of online intermediation services and online search engines shall provide for an internal system for handling the complaints of business users.
Amendment 557 #
2018/0112(COD)
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 2 – point a
Article 9 – paragraph 1 – subparagraph 2 – point a
(a) alleged non-compliance by that provider with any legal obligations laid down in this Regulation which negatively affectshas an impact on the complainant;
Amendment 558 #
2018/0112(COD)
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 2 – point b
Article 9 – paragraph 1 – subparagraph 2 – point b
(b) technological issues which relate directly to the provision of online intermediation services, and which negatively affect the complainant in a non-negligible manonline search enginers;
Amendment 560 #
2018/0112(COD)
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 2 – point c
Article 9 – paragraph 1 – subparagraph 2 – point c
(c) measures taken by, or behaviour of, that provider which relate directly to the provision of the online intermediation services, and which negatively affect the complainant in a non-negligible manner.
Amendment 564 #
2018/0112(COD)
Proposal for a regulation
Article 9 – paragraph 2 – introductory part
Article 9 – paragraph 2 – introductory part
2. As part of their internal complaint- handling system, providers of online intermediation services and online search engines shall:
Amendment 574 #
2018/0112(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Providers of online intermediation services and online search engines shall include in their terms and conditions all relevant information relating to the access to and functioning of their internal complaint-handling system.
Amendment 583 #
2018/0112(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1
Article 9 – paragraph 4 – subparagraph 1
Providers of online intermediation services and online search engines shall annually establish and make easily available to the public information on the functioning and effectiveness of their internal complaint- handling system.
Amendment 589 #
2018/0112(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 2
Article 9 – paragraph 4 – subparagraph 2
That information shall include the total number of complaints lodged, the subject- matter of the complaints, the time period needed to process the complaints and the decision takenlevel of user satisfaction following the processing onf the complaints lodged.
Amendment 593 #
2018/0112(COD)
Proposal for a regulation
Article 9 – paragraph 5
Article 9 – paragraph 5
5. The provisions of this Article shall not apply to providers of online intermediation services and online search engines that are small enterprises within the meaning of Article 2 (2) of the Annex to Recommendation 2003/361/EC29. _________________ 29 Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium- sized enterprises (OJ L 124, 20.5.2003, p36).
Amendment 597 #
2018/0112(COD)
Proposal for a regulation
Article 9 – paragraph 5 a (new)
Article 9 – paragraph 5 a (new)
5a. Within six months of the entry into force of this Regulation, the Commission shall develop guidelines to facilitate the implementation of the internal system for the handling of complaints by small businesses.
Amendment 608 #
2018/0112(COD)
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1
Article 10 – paragraph 1 – subparagraph 1
Providers of online intermediation services and online search engines shall identify in their terms and conditions one or more mediators with which they are willing to engage to attempt to reach an agreement with business users on the settlement, out of court, of any disputes between the provider and the business user arising in relation to the provision of the online intermediation services or online search engines concerned, including complaints that could not be resolved by means of the internal complaint-handling system referred to in Article 9.
Amendment 609 #
2018/0112(COD)
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2
Article 10 – paragraph 1 – subparagraph 2
Providers of online intermediation services mayand onlyine search engines may not identify mediators providing their mediation services from a location outside the Union where it is ensured that the business users concerned are not effectively deprived of the benefit of any legal safeguards laid down in Union law or the law of the Member States as a consequence of the mediators providing those services from outside the Union.
Amendment 619 #
2018/0112(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Providers of online intermediation services and online search engines and business users shall engage in good faith in any attempt to reach an agreement through the mediation of any of the mediators which they identified in accordance with paragraph 1, with a view to reaching an agreement on the settlement of the dispute.
Amendment 635 #
2018/0112(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Providers of online intermediation services and online search engines shall bear a reasonable proportion of the total costs of mediation in each individual case, except where it has been shown that a business user has failed to act in good faith. A reasonable proportion of those total costs shall be determined, on the basis of a suggestion by the mediator, by taking into account all relevant elements of the case at hand, in particular the relative merits of the claims of the parties to the dispute, the conduct of the parties, as well as the size and financial strength of the parties relative to one another. However, providers of online intermediation services shall in any case bear at least half of the total cost.
Amendment 641 #
2018/0112(COD)
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. Any attempt to reach an agreement through mediation on the settlement of a dispute in accordance with this Article shall not affect the rights of the providers of the online intermediation services and online search engines and of the business users concerned to initiate judicial proceedings at any time during or after the mediation process.
Amendment 648 #
2018/0112(COD)
Proposal for a regulation
Article 10 – paragraph 5 a (new)
Article 10 – paragraph 5 a (new)
5a. Providers of online intermediation services shall annually provide and make available to the general public information on the functioning and effectiveness of the mediation system which applies to their activities.
Amendment 653 #
2018/0112(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
The Commission shall encourage providers of online intermediation services and online search engines as well as organisations and associations representing them to individually or jointly set up one or more organisations providing mediation services which meet the requirements specified in Article 10(2), for the specific purpose of facilitating the out-of-court settlement of disputes with business users arising in relation to the provision of those services, taking particular account of the cross-border nature of online intermediation services. and online search engines.
Amendment 654 #
2018/0112(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. OrganisaMember States shall ensure that representative actions cand associations that have a legitimate interest in be brought by qualified entities designated, at their request, by the Member States in advance for this purpose and placed on a publicly available list. Entities designated by Member States to representing business users or in representing corporate website users, as well as public bodies set up in Member States, shall have the right to take action before national courts in the Union, in accordance with the rules of the law of the Member State where the action is brought, to stop or prohibit any non-compliance by providers of online intermediation services or by providers of online search engines with the relevant requirements laid down in this Regulation.
Amendment 660 #
2018/0112(COD)
Proposal for a regulation
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
1a. Qualified entities shall also have the right to bring representative actions for compensation, requiring providers of online intermediation services and online search engines to provide, inter alia, compensation, repair, replacement, removal, reduction of price, contract termination or reimbursement of the price paid, as the case may be, only and exclusively in respect of businesses employing fewer than 10 persons and whose annual turnover and/or annual balance sheet total does not exceed EUR 2 million.
Amendment 662 #
2018/0112(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – introductory part
Article 12 – paragraph 2 – subparagraph 1 – introductory part
Amendment 670 #
2018/0112(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point a
Article 12 – paragraph 2 – subparagraph 1 – point a
(a) they areit is properly constituted according to the law of a Member State;
Amendment 673 #
2018/0112(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point b
Article 12 – paragraph 2 – subparagraph 1 – point b
(b) ithey pursues objectives that are in the collective interest of the group of business users or corporate website users that they represent;
Amendment 679 #
2018/0112(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point c
Article 12 – paragraph 2 – subparagraph 1 – point c
(c) they areit is of a non-profit making character.
Amendment 684 #
2018/0112(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point c a (new)
Article 12 – paragraph 2 – subparagraph 1 – point c a (new)
(ca) it publishes in detail the provenance of the funds it receives and the representative actions that it pursues.
Amendment 690 #
2018/0112(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 2 a (new)
Article 12 – paragraph 2 – subparagraph 2 a (new)
Compliance by a qualified entity with the criteria referred to in paragraph 2 shall be without prejudice to the right of the court or administrative authority to examine whether the purpose of the qualified entity justifies its taking action in a specific case.
Amendment 691 #
2018/0112(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 2 b (new)
Article 12 – paragraph 2 – subparagraph 2 b (new)
Member States shall assess on a regular basis whether a qualified entity continues to comply with these criteria. Member States shall ensure that the qualified entity loses its status under this Regulation if it no longer complies with one or more of the criteria listed in paragraph 2.
Amendment 695 #
2018/0112(COD)
Proposal for a regulation
Article 12 – paragraph 3 a (new)
Article 12 – paragraph 3 a (new)
3a. Member States may designate a qualified entity on an ad hoc basis for a particular representative action at its request, if it complies with the criteria referred to in paragraph 2.
Amendment 696 #
2018/0112(COD)
Proposal for a regulation
Article 12 – paragraph 3 b (new)
Article 12 – paragraph 3 b (new)
Amendment 698 #
2018/0112(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The Commission shall encourage the drawing up of codes of conduct bysure that providers of online intermediation services and byonline search engines and organisations and associations representing them, as well as business users and associations representing them, draw up codes of conduct intended to contribute to the proper application of this Regulation, taking account of the specific features of the various sectors in which online intermediation services are provided, as well as of the specific characteristics of micro, small and medium-sized enterprises.
Amendment 712 #
2018/0112(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. By [date: threewo years after the date of entry into force], and subsequently every threewo years, the Commission shall evaluate this Regulation and report to the European Parliament, the Council and the European Economic and Social Committee.
Amendment 719 #
2018/0112(COD)
Proposal for a regulation
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2a. A further assessment shall be performed to ascertain whether it is possible to introduce a right of access to data for the consumers who generate it, so as to prevent companies which hold large quantities of data generated by consumers from impeding the entry to the market of competing companies that need the data in order to offer goods and services.
Amendment 60 #
2018/0090(COD)
Proposal for a directive
Recital 6
Recital 6
(6) To facilitate more consistent application of penalties, in particular in intra-Union infringements, widespread infringements and widespread infringements with a Union dimension referred to in Regulation (EU) 2017/2394, common non-exhaustive criteria should be introduced for the application of fines. These criteria should include the cross- border nature of the infringement, namely whether the infringement has harmed consumers also in other Member States. Any redress provided by the trader to consumers for the harm caused should also be taken into account. Repeated infringements by the same perpetrator shows a propensity to commit such infringements and is therefore a significant indication of the gravity of the conduct and, accordingly, of the need to increase the level of the penalty to achieve effective deterrence. The criterion of financial benefits gained, or losses avoided, due to the infringement is especially relevant where the national law provides for fines as penalties and sets the maximum fine as percentage of the trader’s turnover and where the infringement concerns only one or some of the markets in which the trader is operating. These criteria should also be taken into consideration where the infringement has taken place prior to the entry into force of the legislation, but its effects on consumers are continuing to produce clear and demonstrable damage or negative effects.
Amendment 65 #
2018/0090(COD)
Proposal for a directive
Recital 8
Recital 8
(8) These common non-exhaustive criteria for the application of penalties may not be relevant in deciding on penalties regarding every infringement, in particular regarding non-serious infringements. Member States should also take account of other general principles of law applicable to the imposition of penalties, such as the principle of none bis in idem. This means that a trader sanctioned for infringing Regulation (EU) 2016/679 should not be sanctioned again under this Directive.
Amendment 70 #
2018/0090(COD)
Proposal for a directive
Recital 9
Recital 9
(9) To ensure that Member State authorities can impose effective, proportionate and dissuasive penalties in relation to widespread infringements of consumer law and to widespread infringements with a Union dimension that are subject to coordinated investigation and enforcement in accordance with Regulation (EU) 2017/2394, fines should be introduced as a mandatory element of penalties for such infringements. In order to ensure deterrence of the fines, Member States should set in their national law the maximum fine for such infringements at a level that is at least 4 % of the trader's annual turnover in the Member Stateglobal turnover calculated on the basis of the total turnover in the previous financial year in the Member State or Member States concerned.
Amendment 76 #
2018/0090(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Where, as a result of the coordination mechanism under Regulation (EU) 2017/2394, a single national competent authority within the meaning of that Regulation imposes a fine on the trader responsible for the widespread infringement or the widespread infringement with a Union dimension, it should be able to impose a fine of at least 4 % of the trader’s annual turnoverglobal turnover calculated on the basis of the total turnover in the previous financial year, in all Member States concerned by the coordinated enforcement action.
Amendment 85 #
2018/0090(COD)
Proposal for a directive
Recital 12
Recital 12
(12) When deciding for which purpose the revenues from fines are used, Member States should take into account the ultimate objective of consumer legislation and its enforcement which is the protection of the general interest of consumers. Member States should therefore consider allocating at least part of the revenues from finesallocate the majority of the revenues to a fund for directly compensating consumers for all the damage they have suffered using the method least onerous to the public authorities, and the remainder to enhance consumer protection within their jurisdictions, such as supporting consumer movement or activities aimed at empowering consumers.
Amendment 94 #
2018/0090(COD)
Proposal for a directive
Recital 15
Recital 15
(15) Member States should ensure that remedies are available for consumers harmed by unfair commercial practices in order to eliminate all the effects of those unfair practices. In order to meet that objective, Member States should make both contractual and non-contractual remedies available. As a minimum, the contractual remedies provided by the Member States should include the right to contract termination and the right to price reduction. Non-contractual remedies provided under national law should, as a minimum, include the right to compensation for damages. Member States would not be prevented from maintaining or introducing rights to additional remedies for consumers harmed by unfair commercial practices in order to ensure full removal of the effects of such practices.
Amendment 105 #
2018/0090(COD)
Proposal for a directive
Recital 19
Recital 19
(19) Specific transparency requirements for online marketplaces should therefore be provided in Directive 2011/83/EU to inform consumers using online marketplaces about the main parameters determining ranking of offers, whether they enter into a contract with a trader or a non-trader (such as another consumer), whether consumer protection law applies and which trader is responsible for the performance of the contract and for ensuring consumer rights when these rights apply. This information should be provided in a clear and comprehensible manner and not only through a reference in the standard Terms and Conditions or similar contractual document. The information requirements for online marketplaces should be proportionate and need to strike a balance between a high level of consumer protection and the competitiveness of online marketplaces. Online marketplaces should not be required to list specific consumer rights when informing consumers about their applicability or non- applicability. The information to be provided about the responsibility for ensuring consumer rights depends on the contractual arrangements between the online marketplace and the relevant third party traders. Online marketplace may refer to the third party trader as being solely responsible for ensuring consumer rights or describe its specific responsibilities where it assumes the responsibility for certain aspects of the contract, for example, delivery or the exercise of the right of withdrawal. The obligation to provide information about the main parameters and about the weighting used to determininge the ranking of search results is without prejudice to any trade secrets regarding the underlying algorithms. This information should explain the main default parameters used by the marketplace but does not have to be presented in a customized manner for each individual search query.
Amendment 119 #
2018/0090(COD)
Proposal for a directive
Recital 21
Recital 21
(21) Digital content and digital services are often supplied online under contracts where the consumer does not pay a price but provides personal data to the trader. Digital services are characterised by continuous involvement of the trader over the duration of the contract to enable the consumer to make use of the service, for instance, access to, creation, processing, storing or sharing of data in digital form. Examples of digital services are subscription contracts to content platforms, cloud storage, webmail, social media and cloud applications. The continuous involvement of the service provider justifies the application of the rules on the right of withdrawal provided in Directive 2011/83/EU that effectively allow the consumer to test the service and decide, during the 14-day period from the conclusion of the contract, whether to keep it or not. In contrast, contracts for the supply of digital content which is not supplied on a tangible medium are characterised by one-off action by the trader to supply to the consumer a specific piece or pieces of digital content, such as specific music or video files. This one-off nature of the provision of digital content is at the basis of the exception from the right of withdrawal pursuant to Article 16(m) of Directive 2011/83/EU, whereby the consumer loses the right of withdrawal when the performance of the contract is started, such as download or streaming of the specific content.
Amendment 125 #
2018/0090(COD)
Proposal for a directive
Recital 24
Recital 24
(24) Therefore, the scope of Directive 2011/83/EU should be extended to cover also contracts under which the trader supplies or undertakes to supply a digital service to the consumer, and the consumer provides or undertakes to provide personal data. Similar to contracts for the supply of digital content which is not supplied on a tangible medium, the Directive should apply whenever the consumer provides or undertakes to provide personal data to the trader, except where the personal data provided by the consumer is exclusively processed by the trader for supplying the digital content or digital service, and the trader does not process this data for any other purpose. Any processing of personal data should comply with Regulation (EU) 2016/679. In particular, withdrawal by the consumer from a contract does not, in the cases covered by Regulation (EU) 2016/679, result in an immediate end to processing of the data.
Amendment 129 #
2018/0090(COD)
Proposal for a directive
Recital 26
Recital 26
(26) Directive 2011/83/EU should also not apply to situations where the trader only collects metadata, such as the IP address, browsing history or other information collected and transmitted for instance by cookies, except where this situation is considered a contract under national law. It should also not apply to situations where the consumer, without having concluded a contract with the trader, is exposed to advertisements exclusively in order to gain access to digital content or a digital service. However, Member States should remain free to extend the application of the rules of Directive 2011/83/EU to such situations or to otherwise regulate such situations which are excluded from the scope of that Directive.
Amendment 138 #
2018/0090(COD)
Proposal for a directive
Recital 33
Recital 33
Amendment 147 #
2018/0090(COD)
Proposal for a directive
Recital 34
Recital 34
Amendment 154 #
2018/0090(COD)
Proposal for a directive
Recital 35
Recital 35
Amendment 162 #
2018/0090(COD)
Proposal for a directive
Recital 36
Recital 36
Amendment 175 #
2018/0090(COD)
Proposal for a directive
Recital 41
Recital 41
(41) Article 16 of the Charter of Fundamental Rights of the EU guarantees the freedom to conduct a business in accordance with Union law and national laws and practices. However, marketing across Member States of products as being identical or the same quality when, in reality, they have a significantly different composition or characteristics may mislead consumers and cause them to take a transactional decision that they would not have taken otherwise.
Amendment 186 #
2018/0090(COD)
Proposal for a directive
Recital 43
Recital 43
(43) However, the enforcement experience has shown that it may be unclear to consumers, traders and national competent authorities which commercial practices could be contrary to the Directive 2005/29/EC in the absence of an explicit provision. Therefore, Directive 2005/29/EC should be amended to ensure legal certainty both for traders and enforcement authorities by addressing explicitly the marketing of a product as being identical to, or the same quality as, the same product marketed in several other Member States, where those products have significantly different composition or characteristics. Competent authorities should assess and address on a case by case basis such practices according to the provisions of the Directive. In undertaking its assessment the competent authority should take into account whether such differentiation is easily identifiable by consumers, a trader's right to adapt products of the same brand for different geographical markets due to legitimate factors, such as availability or seasonality of raw materials, defined consumer preferences or voluntary strategies aimed at improving access to healthy and nutritious food as well as the traders' right to offer products of the same brand in packages of different weight or volume in different geographical markets.
Amendment 187 #
2018/0090(COD)
Proposal for a directive
Recital 43 a (new)
Recital 43 a (new)
(43a) Directive 2005/29/EC should be amended to make the sale en bloc of tickets on parallel and damaging markets an unfair commercial practice. This so- called secondary ticketing phenomenon creates a parallel market to the official market, where tickets are sold at higher prices than through official channels. The supply of tickets on these markets is often much more ample than the supply through official markets, particularly owing to the business strategies of some traders who purchase large quantities of tickets on official markets and then resell them on parallel markets. These strategies prevent a great many consumers from finding tickets through official channels and force them into purchasing on secondary markets at significantly higher prices.
Amendment 192 #
2018/0090(COD)
Proposal for a directive
Recital 44
Recital 44
(44) While off-premises sales constitute a legitimate and well-established sales channel, like sales at a trader's business premises and distance–selling, some particularly aggressive or misleading marketing practices in the contextmarketing practices that the Member State has identified as being particularly aggressive or misleading in the context of unsolicited telephone calls to a private number or home phone, ofr visits to the consumer's home without the consumer's prior agreement or during commercial excursions can put consumers under pressure to make purchases of goods they would not otherwise buy and/or purchases at excessive prices, often involving immediate payment. Such practices often target elderly or other vulnerable consumers. Some Member States consider those practices undesirable and deem it necessary to restrict certain forms and aspects of off-premises sales within the meaning of Directive 2011/83/EU, such as aggressive and misleading marketing or selling of a product in the context of unsolicited visits to a consumer's home or commercial excursions, on grounds of public policy or the respect for consumers’ private life protected by Article 7 of the Charter of Fundamental Rights of the EU. In accordance with the principle of subsidiarity and in order to facilitate enforcement, it should therefore be clarified that Directive 2005/29/EC is without prejudice to Member States' freedom to make arrangements without the need for a case-by-case assessment of the specific practice, to protect the legitimate interests of consumers with regard to unsolicited visits at their private home by a trader in order to offer or sell products or in relation to commercial excursions organised by a trader with the aim or effect of promoting or selling products to consumers where such arrangements are justified on grounds of public policy or the protection of private life and are proportionate and non-discriminatory. Any such provisions should be proportionate and not discriminatory. Member States should be required to notify any national provisions adopted in this regard to the Commission so that the Commission can make this information available to all interested parties and monitor the proportionate nature and legality of those measures.
Amendment 195 #
2018/0090(COD)
Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
Directive 2005/0029/EC
Article 2 – paragraph 1 – point m (new)
Article 2 – paragraph 1 – point m (new)
(-1) In Article 2, the following point is added: “(m) ‘online platform’ means an online service that provides services including: – enabling consumers to conclude contracts for the supply of goods, services or digital content with suppliers in an online environment controlled by the platform operator; – enabling suppliers to publish advertisements in an online environment controlled by the platform operator which can be consulted by customers for the purpose of contacting suppliers and to entering into a contract outside the platform; – offering comparison services or other services to customers which identify relevant suppliers of digital goods, services or content, and directing customers to websites or to the contact details of those providers; – enabling platform users to assess and identify suppliers, customers and other users, and digital goods, services and content offered by suppliers.”
Amendment 201 #
2018/0090(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Directive 2005/29/EC
Article 3 – paragraph 5
Article 3 – paragraph 5
This Directive does not prevent Member States from adopting provisions to protect the legitimate interests of consumers with regard to aggressive or misleading marketing or selling practices in the contextmarketing or selling practices that the Member State has identified as being aggressive or misleading in the context of unsolicited telephone calls to a private number or home phone, ofr unsolicited visits by a trader to a consumer's home, or with regard to commercial excursions organised by a trader with the aim or effect of promoting or selling products to consumers, provided that such provisions are justified on grounds of public policy or the protection of the respect for private life. and are proportionate and non-discriminatory.
Amendment 206 #
2018/0090(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 a (new)
Article 1 – paragraph 1 – point 1 a (new)
Directive 2005/29/EC
Article 5 – paragraph 4 – point c (new)
Article 5 – paragraph 4 – point c (new)
(1a) In Article 5(4), the following point shall be inserted after point (b): (c) made en bloc by professionals to supply parallel and damaging markets to the detriment of the consumer.
Amendment 211 #
2018/0090(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2005/29/EC
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) Any marketing of a product as being identical to, or the same quality as, the same product marketed in several other Member States, while those products have significantly different composition or characteristics;
Amendment 214 #
2018/0090(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2005/29/EC
Article 7 – paragraph 4 – point d
Article 7 – paragraph 4 – point d
Amendment 217 #
2018/0090(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Directive 2005/29/EC
Article 7 – paragraph 4 – point f (new)
Article 7 – paragraph 4 – point f (new)
(3a) The following point shall be inserted after Article 7(4)(e): “(f) for products or services offered through online platforms, the main parameters and the weighting used to determine the ranking of the offers presented to the consumer as the result of a search request;”
Amendment 221 #
2018/0090(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 b (new)
Article 1 – paragraph 1 – point 3 b (new)
Directive 2005/29/EC
Article 7 – paragraph 4 – point g (new)
Article 7 – paragraph 4 – point g (new)
(3b) The following point shall be inserted after Article 7(4)(e): “(g) for products or services offered by the third party through an online platform, information as to whether or not the third party is an operator;”
Amendment 224 #
2018/0090(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 c (new)
Article 1 – paragraph 1 – point 3 c (new)
(3c) The following point shall be inserted after Article 7(4)(e): “(h) for products or services offered on online platforms, information on where consumer rights under EU consumer legislation is applicable and, if so, the operator responsible for ensuring their application in connection with the contract;”
Amendment 227 #
2018/0090(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 d (new)
Article 1 – paragraph 1 – point 3 d (new)
Directive 2005/29/EC
Article 7 – paragraph 4 – point i (new)
Article 7 – paragraph 4 – point i (new)
(3d) The following point shall be inserted after Article 7(4)(e): “(i) for products or services offered on online platforms, information on whether algorithms or automated decision-making processes have been used for the presentation of the offers or to set the price, including personalised pricing techniques.”
Amendment 230 #
2018/0090(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 e (new)
Article 1 – paragraph 1 – point 3 e (new)
Directive 2005/29/EC
Article 8 a (new)
Article 8 a (new)
(3e) The following Article shall be inserted after Article 8: “(8a) Parallel and damaging markets 1. A parallel and damaging markets shall be understood as any unfair commercial practice under which tickets are offered for sale for any kind of events on a ticket market that is parallel to the official ticket market, and on which tickets are sold at a higher price than the official tickets.”
Amendment 237 #
2018/0090(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
2. Contractual remedies shall include, as a minimum, the possibility for the consumer to unilaterally terminate the contract and be entitled to a price reduction.
Amendment 252 #
2018/0090(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/29/EC
Article 13 – paragraph 2 – point g a (new)
Article 13 – paragraph 2 – point g a (new)
Amendment 260 #
2018/0090(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/29/EC
Article 13 – paragraph 4
Article 13 – paragraph 4
4. Member States shall ensure that the penalties for widespread infringements and widespread infringements with a Union dimension within the meaning of Regulation (EU) No 2017/29394 include the possibility to impose fines, the maximum amount of which shall be at least 4 % of the trader'’s annual turnoveglobal turnover calculated on the basis of the total turnover for the previous year in the Member State or Member States concerned.
Amendment 268 #
2018/0090(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/29/EC
Article 13 – paragraph 5
Article 13 – paragraph 5
5. When deciding about the allocation of revenues from fines Member States shall take into account the general interest of consumers. In particular, Member States must allocate the majority of the revenues to a fund for directly compensating consumers for all the damage they have suffered as a result of the infringement.
Amendment 272 #
2018/0090(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2005/29/EC
Annex I – point 11
Annex I – point 11
11. Using editorial content in the media, or providing information to a consumer’s online search query, to promote a product or service, including via a more favourable positioning thereof in the search results, where a trader has paid forsupported the promotion, in exchange for payment or in kind, without making that clear in the content or search results or by images or sounds clearly identifiable by the consumer (advertorial; paid placement or paid inclusion). This is without prejudice to Directive 2010/13/EU48. __________________ 48 Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (OJ L 95, 15.4.2010, p. 1).
Amendment 279 #
2018/0090(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
Directive 2005/29/EC
Annex I – point 20
Annex I – point 20
(6a) Point 20 of Annex I is replaced by the following: "20. Describing a product or a service as "gratis", "free", "without charge" or similar if the consumer has to pay anything other than the unavoidable cost of responding to the commercial practice and collecting or paying for delivery of the item. or equivalent to this if the consumer has to provide information as a counter-service.” Or. it (https://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32005L0029&qid=1537951807023&from=EN)
Amendment 297 #
2018/0090(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point a a (new)
Article 2 – paragraph 1 – point 1 – point a a (new)
Directive 2011/83/EU
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(aa) Point (5) is replaced by the following: ‘(5) ‘sales contract’ means any contract underin which thea trader transfersupplies or undertakes to transfer the ownership ofsupply goods to the consumer and the consumer pays or undertakes to pay the price thereof, including any contract having as its object both goods and services; . Reference to ‘goods’ also includes ‘digital goods’ and reference to ‘sales contract’ also includes ‘digital goods sales contract’;’ Or. it (https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02011L0083- 20180701&qid=1537972578113&from=EN)
Amendment 301 #
2018/0090(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point d
Article 2 – paragraph 1 – point 1 – point d
Directive 2011/83/EU
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
(16) ‘contract for the supply of digital content which is not supplied on tangible medium’ means a contract under which a trader supplies or undertakes to supply specific digital content to the consumer and the consumer pays or undertakes to pay the price thereof. This also includes contracts where the consumer provides or undertakes to provide personal data to the trader, except where the personal data provided by the consumer is exclusively processed by the trader for the purpose of supplying the digital content, or for the trader to comply with legal requirements to which the trader is subject, and the trader does not process this data for any other purpose;
Amendment 305 #
2018/0090(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point d
Article 2 – paragraph 1 – point 1 – point d
Directive 2011/83/EU
Article 2 – paragraph 1 – point 18
Article 2 – paragraph 1 – point 18
(18) ‘digital service contract’ means a contract under which a trader supplies or undertakes to supply a digital service to the consumer and the consumer pays or undertakes to pay the price thereof. This also includes contracts where the consumer provides or undertakes to provide personal data to the trader, except where the personal data provided by the consumer is exclusively processed by the trader for the purpose of supplying the digital service, or for the trader to comply with legal requirements to which the trader is subject, and the trader does not process this data for any other purpose;
Amendment 314 #
2018/0090(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
Directive 2011/83/EU
Article 3 – paragraph 3 – point k
Article 3 – paragraph 3 – point k
(1a) Point (k) is replaced by the following: “(k) for passenger transport services, with the exception of Article 8(2) and Articles 19, 21 and 22; content/EN/TXT/HTML/?uri=CELEX:32011L0083&qid=1537797342987&from=EN)” Or. it (https://eur-lex.europa.eu/legal-
Amendment 320 #
2018/0090(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
Directive 2011/83/EU
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) the geographical address at which the trader is established as well as the trader’s telephone number, e-mail address or other means of online communication that is widely used in the community which guarantee that the consumer can keep the correspondence with the trader on a durable medium, to enable the consumer to contact the trader quickly and communicate with him efficiently. Where applicable, the trader shall also provide the geographical address and identity of the trader on whose behalf he is acting.
Amendment 337 #
2018/0090(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Directive 2011/83/EU
Article 6 a – paragraph 1 – point a
Article 6 a – paragraph 1 – point a
(a) the main parameters and the associated weighting used to determininge ranking of offers presented to the consumer as result of his search query on the online marketplace;
Amendment 341 #
2018/0090(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Directive 2011/83/EU
Article 6 a – paragraph 1 – point a a (new)
Article 6 a – paragraph 1 – point a a (new)
(aa) clear and unambiguous indication of a sponsored offer. Or of an offer for which the third party offering goods, services or digital content has paid a fee to the online marketplace to appear higher in the ranking of offers presented to the consumer as a result of his search query on the online marketplace;
Amendment 348 #
2018/0090(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Directive 2011/83/EU
Article 6 a – paragraph 1 – point b
Article 6 a – paragraph 1 – point b
(b) whether the third party offering the goods, services or digital content is a trader or not, on the basis of the declaration of that third party to the online marketplace, and on the basis of the information in the possession of the online marketplace, pursuant to Directive 2000/31/EC;
Amendment 355 #
2018/0090(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Directive 2011/83/EU
Article 6 a – paragraph 1 – point d a (new)
Article 6 a – paragraph 1 – point d a (new)
(da) the full price and the exact discount percentage applied where a price reduction is offered in the search results of the online marketplace;
Amendment 360 #
2018/0090(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Directive 2011/83/EU
Article 6 a – paragraph 1 – point d b (new)
Article 6 a – paragraph 1 – point d b (new)
(db) a clear and unambiguous explanation of the fact that the ranking used by the online marketplace is not in any way linked to the rankings or quality schemes recognised by public authorities and consumers.
Amendment 372 #
2018/0090(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 4 a (new)
Article 2 – paragraph 1 – point 4 a (new)
Directive 2011/83/EU
Article 6 b (new)
Article 6 b (new)
(4a) The following Article 6b is inserted: ‘Article 6b Reputation feedback systems 1. An online marketplace operator that provides a reputation feedback system must provide information on the methods for collecting, processing and publishing evaluations and reviews. 2. The reputation feedback system must comply with professional diligence standards. 3. Professional diligence standards within the meaning of paragraph 2 shall include the following: (a) reviews must not be solicited in exchange for any economic benefit. (b) if a review is rejected, the reviewer must be informed without undue delay of the rejection and the reasons for it. (c) reviews must be published without undue delay. (d) the order in which reviews are presented by default must not be misleading. Online marketplace users must be able to display reviews in chronological order. (e) If the reputation feedback system excludes previous reviews, this must be indicated to online marketplace users. The exclusion period must be reasonable, but not less than 12 months. (f) If the reviews are aggregated into an overall evaluation, the total number of reviews on which the evaluation is based must be shown. (g) The online marketplace operator must provide a complaint mechanism free of charge which permits an online marketplace user to submit a reasoned notification if he or she has doubts concerning the authenticity of a review. (h) The online marketplace operator must verify that reviews are based on confirmed transactions. 4. The reputation feedback system must be structured in a format that is commonly used and machine-readable, so that upon termination of the contract with the online marketplace the consumer may transfer existing reviews that relate to him to another reputation feedback system.’
Amendment 382 #
2018/0090(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 6 a (new)
Article 2 – paragraph 1 – point 6 a (new)
Directive 2011/83/EU
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
(6a) In Article 9(2), point (a) is replaced by the following: ‘(a) in the case of service contracts, including digital service contracts, the day of the conclusion of the contract; (https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02011L0083-’ Or. it 20180701&from=EN)
Amendment 384 #
2018/0090(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 6 b (new)
Article 2 – paragraph 1 – point 6 b (new)
Directive 2011/83/EU
Article 11 – paragraph 1
Article 11 – paragraph 1
Amendment 385 #
2018/0090(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 6 c (new)
Article 2 – paragraph 1 – point 6 c (new)
Directive 2011/83/EU
Article 11 – paragraph 2
Article 11 – paragraph 2
(6c) Paragraph 2 is replaced by the following: ‘2. The consumer shall have exercised histhe right of withdrawal within theby the deadline for withdrawal period referred to in Article 9(2) and Article 10 if the communication concerning the exercise of the right of withdrawal is sentforwarded by the consumer before that perioddeadline has expired. content/EN/TXT/HTML/?uri=CELEX:32011L0083&qid=1537870941568&from=EN)The withdrawal will take effect 14 days after notification to the trader of a request for withdrawal pursuant to Article 1 or on a subsequent date indicated by the consumer.’ Or. it (https://eur-lex.europa.eu/legal-
Amendment 386 #
2018/0090(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 7 – point a
Article 2 – paragraph 1 – point 7 – point a
Directive 2011/83/EU
Article 13 – paragraph 3
Article 13 – paragraph 3
Amendment 400 #
2018/0090(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 8 – point 1
Article 2 – paragraph 1 – point 8 – point 1
Directive 2011/83/EU
Article 14 – paragraph 2
Article 14 – paragraph 2
Amendment 404 #
2018/0090(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 8 – point 1 a (new)
Article 2 – paragraph 1 – point 8 – point 1 a (new)
Directive 2011/83/EU
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
(1a) The following paragraph is inserted after paragraph 2: ‘2a. After the termination of the contract, the consumer shall refrain from using the digital content or digital service and from making it available to third parties.’
Amendment 417 #
2018/0090(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 9 – point 3
Article 2 – paragraph 1 – point 9 – point 3
Directive 2011/83/EU
Article 16 – paragraph 1– point n
Article 16 – paragraph 1– point n
Amendment 422 #
2018/0090(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 9 a (new)
Article 2 – paragraph 1 – point 9 a (new)
Directive 2011/83/EU
Article 23 a (new)
Article 23 a (new)
(9a) The following article is inserted: ‘Article 23a The Member States shall ensure that consumers have the right not to be bound by the contract and the right to compensation for damages if the trader has not complied with the information requirements laid down in this Directive. Consumers shall also have the right to compensation when an online marketplace has not complied with the information requirements set out in Article 6a of this Directive. These rights shall be without prejudice to the rights laid down by national legislation.’
Amendment 428 #
2018/0090(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
Directive 2011/83/EU
Article 24 – paragraph 2 – point g a (new)
Article 24 – paragraph 2 – point g a (new)
(ga) the criteria listed above, including where the infringement has taken place prior to the entry into force of the legislation, but its effects on consumers are continuing to produce clear and demonstrable damage or negative effects.
Amendment 432 #
2018/0090(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
Directive 2011/83/EU
Article 24 – paragraph 4
Article 24 – paragraph 4
4. Member States shall ensure that the penalties for widespread infringements and widespread infringements with a Union dimension within the meaning of Regulation (EU) No 2017/29394 include the possibility to impose fines, the maximum amount of which shall be at least 4% of the trader’s annual turnoveglobal turnover calculated on the annual total for the previous year in the Member State or Member States concerned.
Amendment 440 #
2018/0090(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 11 – point 1 – point a
Article 2 – paragraph 1 – point 11 – point 1 – point a
Directive 2011/83/EU
Annex I – part A – Right of withdrawal – paragraph 3
Annex I – part A – Right of withdrawal – paragraph 3
Amendment 445 #
2018/0090(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 11 – point 1 – point c
Article 2 – paragraph 1 – point 11 – point 1 – point c
Directive 2011/83/EU
Annex I – part A – Instructions for completion – point 4
Annex I – part A – Instructions for completion – point 4
Amendment 448 #
2018/0090(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 11 – point 1 – point d
Article 2 – paragraph 1 – point 11 – point 1 – point d
Directive 2011/83/EU
Annex I – part A – Instructions for completion – point 5 – point c
Annex I – part A – Instructions for completion – point 5 – point c
Amendment 458 #
2018/0090(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1
Article 3 – paragraph 1 – subparagraph 1
Directive 1993/13/EEC
Article 8 b – paragraph 2 – point g a (new)
Article 8 b – paragraph 2 – point g a (new)
(ga) the criteria listed above, including where the infringement has taken place prior to the entry into force of the legislation, but its effects on consumers are continuing to produce clear and demonstrable damage or negative effects.
Amendment 463 #
2018/0090(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1
Article 3 – paragraph 1 – subparagraph 1
Directive 1993/13/EEC
Article 8 b – paragraph 4
Article 8 b – paragraph 4
4. Member States shall ensure that the penalties for widespread infringements and widespread infringements with a Union dimension within the meaning of Regulation (EU) No 2017/29394 include the possibility to impose fines, the maximum amount of which shall be at least 4% of the trader’s annual turnoveglobal turnover calculated on the annual total for the previous year in the Member State or Member States concerned.
Amendment 474 #
2018/0090(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
Directive 1998/06/EC
Article 8 – paragraph 2 – point g a (new)
Article 8 – paragraph 2 – point g a (new)
(ga) the criteria listed above, including where the infringement has taken place prior to the entry into force of the legislation, but its effects on consumers are continuing to produce clear and demonstrable damage or negative effects.
Amendment 479 #
2018/0090(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
Directive 1998/06/EC
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Member States shall ensure that the penalties for widespread infringements and widespread infringements with a Union dimension within the meaning of Regulation (EU) No 2017/29394 include the possibility to impose fines, the maximum amount of which shall be at least 4% of the trader’s annual turnoveglobal turnover calculated on the annual total for the previous year in the Member State or Member States concerned.
Amendment 40 #
2018/0089(COD)
Proposal for a directive
Recital 1
Recital 1
(1) The purpose of this Directive is to enable qualified entities, which represent the collective interest of consumers, to seek remedy through representative actions against infringements of provisions of Union law. The qualified entities should be able to ask for stopping or prohibiting an infringement, for confirming that an infringement took place and to seek redress, such as compensation, repair or price reducimbursement of the price paid, repair, replacement, removal, price reduction or contract termination as available under national laws.
Amendment 45 #
2018/0089(COD)
Proposal for a directive
Recital 1
Recital 1
(1) The purpose of this Directive is to enable qualified entities, which represent the collective interest of consumers, to seek remedy through representative actions against infringements of provisions of Union law. The qualified entities should be able to ask for stopping or prohibiting an infringement, for confirming that an infringement took place and to seek redress, such as compensation, repair or price reducimbursement of the price paid, repair, replacement, removal, price reduction or contract termination as available under national laws.
Amendment 70 #
2018/0089(COD)
Proposal for a directive
Recital 15
Recital 15
(15) The qualified entity initiating the representative action under this Directive should be a party to the proceedings. Consumers concerned by the infringement should have adequate opportunities to influence the selection of the lawyers who will represent them in court, to assess their independence and to benefit from the relevant outcomes of the representative action. Injunction orders issued under this Directive should be without prejudice to individual actions brought by consumers harmed by the practice subject to the injunction order.
Amendment 74 #
2018/0089(COD)
Proposal for a directive
Recital 16
Recital 16
(16) Qualified entities should be able to seek measures aimed at eliminating the continuing effects of the infringement. These measures should take the form of a redress order obligating the trader to provide for, inter alia, compensation, repair, replacement, removal, price reduction, contract termination or reimbursement of the price paid, as appropriate and as available under national laws.
Amendment 82 #
2018/0089(COD)
Proposal for a directive
Recital 19
Recital 19
(19) Member States should be allowed to decide whether their court or national authority seized of a representative action for redress may exceptionally issue, instead of a redress order, a declaratory decision regarding the liability of the trader towards the consumers harmed by an infringement which could be directly relied upon in subsequent redress actions by individual consumers. This possibility should be reserved to duly justified cases where the quantification of the individual redress to be attributed to each of the consumer concerned by the representative action is complex and it would be inefficient to carry it out within the representative action. Declaratory decisions should not be issued in situations which are not complex and in particular where consumers concerned are identifiable and where the consumers have suffered a comparable harm in relation to a period of time or a purchase. Similarly, declaratory decisions should not be issued where the amount of loss suffered by each of the individual consumers is so small that individual consumers are unlikely to claim for individual redress. The court or the national authority should duly motivate its recourse to a declaratory decision instead of a redress order in a particular case.
Amendment 90 #
2018/0089(COD)
Proposal for a directive
Recital 21
Recital 21
(21) In low-value cases most consumers are unlikely to take action in order to enforce their rights because the efforts would outweigh the individual benefits. However, if the same practice concerns a number of consumers, the aggregated loss may be significant. In such cases, a court or authority may consider that it is disproportionate to distribute the funds back to the consumers concerned, for example bet is therefore desirable that consumers should in every cause it is too onerous or impracticable. Therefore the funds received as redress through representative actions would better serve the purposes of the protection of collective interests ofobtain the compensation due and that the charges for the redistribution of funds to the consumers anconcerned should be directed to a relevant public purpose, such as a consumer legal aid fund, awareness campaigns or consumer movborne by the traders who committed the infringements.
Amendment 94 #
2018/0089(COD)
Proposal for a directive
Recital 22
Recital 22
(22) Measures aimed at eliminating the continuing effects of the infringement may be sought only on the basis of a final decision, establishing an infringement of Union law covered by the scope of this Directive harming collective interest of consumers, including a final injunction order issued within the representative action. In particular, measures eliminating the continuing effects of the infringement may be sought on the basis of final decisions of a court or administrative authority in the context of enforcement activities regulated by Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No 2006/2004.32 . _________________ 32. Although the decision on representative actions can be taken after having established that a practice constitutes a violation of Union law, nonetheless in order not to prolong procedures and not to increase the risk that consumers may lose evidence which supports their case and may cease to have an interest in the case, actions can also be initiated before a final decision is handed down by a court or administrative authority. _________________ 32 OJ L 345, 27.12.2017. OJ L 345, 27.12.2017.
Amendment 97 #
2018/0089(COD)
Proposal for a directive
Recital 24
Recital 24
(24) This Directive does not replace existing national collective redress mechanisms. Taking into account their legal traditions, it leaves it to the discretion of the Member States whether to design the representative action set out by this Directive as a part of an existing or future collective redress mechanism or as an alternative to these mechanisms, insofar as the national mechanism complies with the modalities setinimum standards established by this Directive.
Amendment 102 #
2018/0089(COD)
Proposal for a directive
Recital 15
Recital 15
(15) The qualified entity initiating the representative action under this Directive should be a party to the proceedings. Consumers concerned by the infringement should have adequate opportunities to influence the selection of the lawyers who will represent them in court, to assess their independence and to benefit from the relevant outcomes of the representative action. Injunction orders issued under this Directive should be without prejudice to individual actions brought by consumers harmed by the practice subject to the injunction order.
Amendment 107 #
2018/0089(COD)
Proposal for a directive
Recital 16
Recital 16
(16) Qualified entities should be able to seek measures aimed at eliminating the continuing effects of the infringement. These measures should take the form of a redress order obligating the trader to provide for, inter alia, compensation, repair, replacement, removal, price reduction, contract termination or reimbursement of the price paid, as appropriate and as available under national laws.
Amendment 118 #
2018/0089(COD)
Proposal for a directive
Recital 19
Recital 19
(19) Member States should be allowed to decide whether their court or national authority seized of a representative action for redress may exceptionally issue, instead of a redress order, a declaratory decision regarding the liability of the trader towards the consumers harmed by an infringement which could be directly relied upon in subsequent redress actions by individual consumers. This possibility should be reserved to duly justified cases where the quantification of the individual redress to be attributed to each of the consumer concerned by the representative action is complex and it would be inefficient to carry it out within the representative action. Declaratory decisions should not be issued in situations which are not complex and in particular where consumers concerned are identifiable and where the consumers have suffered a comparable harm in relation to a period of time or a purchase. Similarly, declaratory decisions should not be issued where the amount of loss suffered by each of the individual consumers is so small that individual consumers are unlikely to claim for individual redress. The court or the national authority should duly motivate its recourse to a declaratory decision instead of a redress order in a particular case.
Amendment 129 #
2018/0089(COD)
Proposal for a directive
Recital 21
Recital 21
(21) In low-value cases most consumers are unlikely to take action in order to enforce their rights because the efforts would outweigh the individual benefits. However, if the same practice concerns a number of consumers, the aggregated loss may be significant. In such cases, a court or authority may consider that it is disproportionate to distribute the funds back to the consumers concerned, for example because it is too onerous or impracticable. ThereConsumers should therefore in every case obtain the compensation due and the charges fore the funds received as redress through representative actions would better serve the purposes of the protection of collective interests of consumers and should be directed to a relevant public purpose, such as a consumer legal aid fund, awareness campaigns or consumer movredistribution of funds to the consumers concerned should be borne by the traders who committed the infringements.
Amendment 134 #
2018/0089(COD)
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Directive shall not prevent Member States from adopting or maintaining in force provisions designed to grant qualified entities or any other persons concerned other procedural means to bring actions aimed at thegreater protection of the collective interests of consumers at national level than those provided for in this Directive.
Amendment 135 #
2018/0089(COD)
Proposal for a directive
Recital 22
Recital 22
(22) Measures aimed at eliminating the continuing effects of the infringement may be sought only on the basis of a final decision, establishing an infringement of Union law covered by the scope of this Directive harming collective interest of consumers, including a final injunction order issued within the representative action. In particular, measures eliminating the continuing effects of the infringement may be sought on the basis of final decisions of a court or administrative authority in the context of enforcement activities regulated by Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No 2006/200432. _________________ 32Although the decision on representative actions can be taken after having established that a practice constitutes a violation of Union law, nonetheless in order not to prolong procedures and not to increase the risk that consumers may lose evidence which supports their case and may cease to have an interest in the case, actions can also be initiated before a final decision is handed down by a court or administrative authority. _________________ 32 OJ L 345, 27.12.2017. OJ L 345, 27.12.2017.
Amendment 143 #
2018/0089(COD)
Proposal for a directive
Recital 24
Recital 24
(24) This Directive does not replace existing national collective redress mechanisms. Taking into account their legal traditions, it leaves it to the discretion of the Member States whether to design the representative action set out by this Directive as a part of an existing or future collective redress mechanism or as an alternative to these mechanisms, insofar as the national mechanism complies with the modalities setinimum standards established by this Directive.
Amendment 164 #
2018/0089(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2 – point c a (new)
Article 4 – paragraph 1 – subparagraph 2 – point c a (new)
(ca) it publishes in detail the provenance of the funds it receives and the representative actions that it pursues.
Amendment 200 #
2018/0089(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States shall ensure that qualified entities are entitled to bring representative actions seeking measures eliminating the continuing effects of the infringement. TIn order to avoid prolonging the procedures, these measures shallmay also be sought on the basis of any final decisionseparately from measures whose purpose is to establishing that a practice constitutes an infringement of Union law listed in Annex I harming collective interests of consumers, including a final injunction order referred to in paragraph (2)(b).
Amendment 210 #
2018/0089(COD)
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Directive shall not prevent Member States from adopting or maintaining in force provisions designed to grant qualified entities or any other persons concerned other procedural means to bring actions aimed at thegreater protection of the collective interests of consumers at national level than those provided for in this Directive.
Amendment 215 #
2018/0089(COD)
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
For the purposes of Article 5(3), Member States shall ensure that qualified entities are entitled to bring representative actions seeking a redress order, which obligates the trader to provide for, inter alia, compensation, repair, replacement, removal, price reduction, contract termination or reimbursement of the price paid, as appropriate. A Member State may require the mandate of the individual consumers concerned before a declaratory decision is made or a redress order is issued.
Amendment 226 #
2018/0089(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. By derogation to paragraph 1, Member States may empower a court or administrative authority to issue, instead of a redress order,in which, on the date of entry into force of this Directive, a court or administrative authority is empowered to issue a declaratory decision regarding the liability of the trader towards the consumers harmed by an infringement of Union law listed in Annex I, may continue to apply the existing procedural arrangements only in duly justified cases where, due to the characteristics of the individual harm to the consumers concerned the quantification of individual redress is complex. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 232 #
2018/0089(COD)
Proposal for a directive
Article 6 – paragraph 3 – point b
Article 6 – paragraph 3 – point b
Amendment 248 #
2018/0089(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The qualified entity seeking a redress order as referred in Article 6(1) shall declare in detail at an early stage of the action the source of the funds used for its activity in general and the funds that it uses to support the action. It shall demonstrate that it has sufficient financial resources to represent the best interests of the consumers concerned and to meet any adverse costs should the action fail.
Amendment 254 #
2018/0089(COD)
Proposal for a directive
Article 7 – paragraph 2 – point b a (new)
Article 7 – paragraph 2 – point b a (new)
(ba) to receive any type of financial benefit deriving from the representative action, other than to cover legal costs.
Amendment 264 #
2018/0089(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall ensure that the court or administrative authority shall require the infringing trader to inform affected consumers at its expense about the final decisions providing for measures referred to in Articles 5 and 6, and the approved settlements referred to in Article 8, by means appropriate to the circumstance of the case and within specified time limits, including, where appropriate, through notifying all consumers concerned individually. In addition to the channels of the trader who committed the infringement, this information may also be provided via relevant public authority channels or through the channels of designated qualified entities, in every case at the expense of the trader who committed the infringement.
Amendment 271 #
2018/0089(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2 – point c a (new)
Article 4 – paragraph 1 – subparagraph 2 – point c a (new)
(ca) it publishes in detail the provenance of the funds it receives and the representative actions that it pursues.
Amendment 297 #
2018/0089(COD)
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 324 #
2018/0089(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States shall ensure that qualified entities are entitled to bring representative actions seeking measures eliminating the continuing effects of the infringement. TIn order to avoid prolonging the procedures, these measures shallmay also be sought on the basis of any final decisionseparately from measures whose purpose is to establishing that a practice constitutes an infringement of Union law listed in Annex I harming collective interests of consumers, including a final injunction order referred to in paragraph (2)(b).
Amendment 341 #
2018/0089(COD)
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
For the purposes of Article 5(3), Member States shall ensure that qualified entities are entitled to bring representative actions seeking a redress order, which obligates the trader to provide for, inter alia, compensation, repair, replacement, removal, price reduction, contract termination or reimbursement of the price paid, as appropriate. A Member State may require the mandate of the individual consumers concerned before a declaratory decision is made or a redress order is issued.
Amendment 354 #
2018/0089(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. By derogation to paragraph 1, Member States may empower a court or administrative authority to issue, instead of a redress order,in which, on the date of entry into force of this Directive, a court or administrative authority is empowered to issue a declaratory decision regarding the liability of the trader towards the consumers harmed by an infringement of Union law listed in Annex I, may continue to apply the existing procedural arrangements only in duly justified cases where, due to the characteristics of the individual harm to the consumers concerned the quantification of individual redress is complex. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 369 #
2018/0089(COD)
Proposal for a directive
Article 6 – paragraph 3 – point b
Article 6 – paragraph 3 – point b
(b) consumers have suffered a small amount of loss and it would be disproportionate to distribute the redress to them. In such cases, Member States shall ensure that the mandate of the individual consumers concerned is not required. The redress shall be directed to a public purpose serving the collective interests of consumers.deleted
Amendment 387 #
2018/0089(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The qualified entity seeking a redress order as referred in Article 6(1) shall declare in detail at an early stage of the action the source of the funds used for its activity in general and the funds that it uses to support the action. It shall demonstrate that it has sufficient financial resources to represent the best interests of the consumers concerned and to meet any adverse costs should the action fail.
Amendment 400 #
2018/0089(COD)
Proposal for a directive
Article 7 – paragraph 2 – point b a (new)
Article 7 – paragraph 2 – point b a (new)
(ba) to receive any type of financial benefit deriving from the representative action, other than to cover legal costs.
Amendment 432 #
2018/0089(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall ensure that the court or administrative authority shall require the infringing trader to inform affected consumers at its expense about the final decisions providing for measures referred to in Articles 5 and 6, and the approved settlements referred to in Article 8, by means appropriate to the circumstance of the case and within specified time limits, including, where appropriate, through notifying all consumers concerned individually. In addition to the channels of the trader who committed the infringement, this information may also be provided via relevant public authority channels or through the channels of designated qualified entities, in every case at the expense of the trader who committed the infringement.
Amendment 65 #
2018/0088(COD)
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) Since the Authority is responsible for assessing products in a variety of fields such as agriculture, food and health, it is vital to ensure that the members of the expert groups have the appropriate expertise to make a satisfactory assessment of the effectiveness and security of the product being analysed. In particular, the assessment should cover the specific characteristics of the substance being analysed and establish an appropriate methodology for its correct assessment, taking the approach best suited to that type of substance, and one which should therefore vary depending on whether it is a complex natural substance or a substance obtained through chemical synthesis.
Amendment 121 #
2018/0088(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b
Article 1 – paragraph 1 – point 3 – point b
Regulation (EC) No 178/2002
Article 28 – paragraph 5 a – subparagraph d – point iii a (new)
Article 28 – paragraph 5 a – subparagraph d – point iii a (new)
(iiia) Correspondence between the expertise available within the group responsible for a given assessment and the expertise required for that assessment, so as to ensure satisfactory understanding of the field in question and appropriate choice of methodology, depending on whether the substance is a complex natural substance or a product obtained through chemical synthesis.
Amendment 123 #
2018/0088(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b
Article 1 – paragraph 1 – point 3 – point b
Regulation (EC) No 178/2002
Article 28 – paragrah 5 b
Article 28 – paragrah 5 b
5b. When the AuthorityManagement Board identifies that specific expertise is missing in a Panel or several Panels, the Executive Director shall propose additional members of the Panel(s) for appointment to the Management Board in accordance with the procedure laid down in paragraph 5.
Amendment 134 #
2018/0088(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EC) No 178/2002
Article 32 a – subparagraph 1a (new)
Article 32 a – subparagraph 1a (new)
The advice provided should enable the applicant to understand easily the requirements of the studies to be conducted and give guidelines for any studies for which there are no international protocols or for which these cannot be used.
Amendment 76 #
2018/0082(COD)
Proposal for a directive
Recital 11
Recital 11
(11) As unfair trading practices may occur at any stage of the sale of a food product, i.e. before, during or after a sales transaction, or in connection with the provision of services by the buyer to the supplier, Member States should ensure that the provisions of this Directive should apply to such practices whenever they occur.
Amendment 84 #
2018/0082(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Complaints by producer organisations or associations of such organisations or organisations with knowledge of trading practices in the supply chain can serve to protect the identity of individual members of the organisation who are small and medium- sized suppliers and consider themselves exposed to unfair trading practices. Enforcement authorities of the Member States should therefore be able to accept and act upon complaints by such entities while protecting the procedural rights of the defendant.
Amendment 93 #
2018/0082(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive establishes a minimum list of prohibited unfair trading practices between buyers and suppliers, such as producers, producer organisations, cooperatives and associations of producer organisations, in the food supply chain and lays down minimum rules concerning their enforcement and arrangements for the coordination between enforcement authorities.
Amendment 107 #
2018/0082(COD)
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Directive applies to certain unfair trading practices which occur in relation to the sales of food products by a supplier that is a small and medium-sized enterprise, or to services related to those products, by a supplier to a buyer that is not a small and medium-sized enterprise.
Amendment 116 #
2018/0082(COD)
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) “buyer” means any natural or legal person established in the Union who buys food products by way of tradeirrespective of their place of establishment, who buys food products by way of trade in order to process or distribute them in the Union. The term "buyer" may include a group of such natural and legal persons;
Amendment 117 #
2018/0082(COD)
Proposal for a directive
Recital 11
Recital 11
(11) As unfair trading practices may occur at any stage of the sale of an agricultural and food product, i.e. before, during or after a sales transaction, or in connection with the provision of services related to that product by the buyer or group of buyers to the supplier, Member States should ensure that the provisions of this Directive should apply to such practices whenever they occur.
Amendment 120 #
2018/0082(COD)
Proposal for a directive
Recital 11
Recital 11
(11) As unfair trading practices may occur at any stage of the sale of a food product, i.e. before, during or after a sales transaction, or in connection with the provision of services by the buyer to the supplier, Member States should ensure that the provisions of this Directive should apply to such practices whenever they occur.
Amendment 133 #
2018/0082(COD)
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12 a) Nutrition labelling schemes unilaterally imposed by buyers on suppliers, which do not provide the consumers with comprehensive information, may discriminate between producers and mislead consumers in their choice of products. The imposition of such schemes may be considered as falling under the definition of unfair trading practice.
Amendment 141 #
2018/0082(COD)
Proposal for a directive
Article 2 – paragraph 1 – point e a (new)
Article 2 – paragraph 1 – point e a (new)
(ea) "unfair trading practice" means any commercial practice that is contrary to good faith and good commercial conduct, and which is unilaterally imposed by one trading partner on another.
Amendment 144 #
2018/0082(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Complaints by producer organisations or associations of such organisations or organizations with knowledge of trading practices in the supply chain can serve to protect the identity of individual members of the organisation who are small and medium- sized suppliers and consider themselves exposed to unfair trading practices. Enforcement authorities of the Member States should therefore be able to accept and act upon complaints by such entities while protecting the procedural rights of the defendant.
Amendment 149 #
2018/0082(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Complaints by producer or supplier organisations or associations of such organisations, including representative organizations, can serve to protect the identity of individual members of the organisation who are small and medium- sized suppliers and consider themselves exposed to unfair trading practices. Enforcement authorities of the Member States should therefore be able to accept and act upon complaints by such entities while protecting the procedural rights of the defendant.
Amendment 157 #
2018/0082(COD)
Proposal for a directive
Recital 15
Recital 15
(15) The enforcement authorities of the Member States should have the necessary powers that enable them to effectively gather any factual information by way of information requests. They should have the power to order thebe impartial bodies with no conflicts of interest with operators in the agricultural and food supply chain and have an in depth knowledge of the functioning of the chain. They should guarantee the fair and proper functioning of the agricultural and food supply chain and promptly termination ofe a prohibited practice, where applicable. The existence of a deterrent, such as the power to impose fines and other equally effective sanctions and the publication of investigation results, can encourage behavioural change and pre-litigation solutions between the parties and should therefore be part of the powers of the enforcement authorities. Repeated infringements should be taken into account when determining the sanction to be applied. The Commission and the enforcement authorities of the Member States should cooperate closely so as to ensure a common approach with respect to the application of the rules set out in this Directive. In particular, the enforcement authorities should provide each other mutual assistance, for example by sharing all relevant information and assisting in investigations which have a cross-border dimension.
Amendment 164 #
2018/0082(COD)
Proposal for a directive
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) a supplier pays for the wastage of food products that occurs after the product has passed inton the buyer's premisesownership and that is not caused by the negligence or fault of the supplier. ;
Amendment 168 #
2018/0082(COD)
Proposal for a directive
Article 3 – paragraph 1 – point d a (new)
Article 3 – paragraph 1 – point d a (new)
(da) the buyer discloses to a third party the content of the supply contract or trade secrets which have been shared with it by the supplier;
Amendment 174 #
2018/0082(COD)
Proposal for a directive
Article 3 – paragraph 1 – point d b (new)
Article 3 – paragraph 1 – point d b (new)
(db) the buyer does not inform the supplier of its intention to give a differentiated treatment to the supplier's products in relation to other competing brands owned or managed by the buyer itself, in terms of listing, store-space and commercial margins;
Amendment 179 #
2018/0082(COD)
Proposal for a directive
Article 3 – paragraph 1 – point d c (new)
Article 3 – paragraph 1 – point d c (new)
(dc) the buyer fails to inform the seller about its intention to undertake promotional or commercial activities which might be detrimental to the reputation of products bearing a geographical indication under Regulation (EU) 1151/2012, Regulation (EU) 110/2008 or Regulation (EU) 251/2014.
Amendment 179 #
2018/0082(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive establishes a minimum list of prohibited unfair trading practices between buyers and suppliers, such as producers, producer organisations, cooperatives and associations of producer organisations, in the food supply chain and lays down minimum rules concerning their enforcement and arrangements for the coordination between enforcement authorities.
Amendment 199 #
2018/0082(COD)
Proposal for a directive
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
2. Member States shall ensure that the following trading practices are prohibited, if they are not agreed in clear and unambiguous terms at the conclusion of the supply agreement or the ensuing payments are not strictly related to relevant costs incurred by the buyer:
Amendment 202 #
2018/0082(COD)
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Directive applies to certain unfair trading practices which occur in relation to the sales of food products by a supplier that is a small and medium-sized enterprise, or to services related to those products, by a supplier to a buyer that is not a small and medium-sized enterprise.
Amendment 204 #
2018/0082(COD)
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Directive applies to certain unfair trading practices which occur in relation to the sales of agricultural and food products by a supplier to a buyer that is not a small and medium-sized enterprise to a buyer that is not a small and medium-sized enterprise, as well as to the services provided by a buyer and related to those products.
Amendment 220 #
2018/0082(COD)
Proposal for a directive
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
Amendment 227 #
2018/0082(COD)
Proposal for a directive
Article 2 – paragraph 1 – point –a (new)
Article 2 – paragraph 1 – point –a (new)
(-a) "unfair trading practice" means any commercial practice that is contrary to good faith and good commercial conduct, unilaterally imposed by one trading partner to another;
Amendment 233 #
2018/0082(COD)
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) “buyer” means any natural or legal person established in the Union who buys food products by way of tradeirrespective of their place of establishment, who buys food products by way of trade in order to process or distribute them in the European Union. The term "buyer" may include a group of such natural and legal persons;.
Amendment 235 #
2018/0082(COD)
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) “buyer” means any natural or legal person established in the Union who buys, irrespective of their place of establishment, who buys agricultural and food products by way of trade. The term "buyer" may include a group of such natural and legal persons;
Amendment 247 #
2018/0082(COD)
Proposal for a directive
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. Any other organisation with knowledge of unfair trading practices in supply chains shall have the right to submit a complaint, provided that there is no conflict of interest.
Amendment 252 #
2018/0082(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The enforcement authority shall ensure, if so requested by the complainant, the confidentiality of the identity of the complainant and any other information, in respect of which the complainant considers disclosure harmful to his interests. The complainant shall identify such information in a possible request for confidentiality. The authority shall guarantee the confidentiality of the process and of the investigations themselves.
Amendment 270 #
2018/0082(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b a (new)
Article 2 – paragraph 1 – point b a (new)
(b a) "supply agreement" means an agreement between a supplier and a buyer that covers price, quantities, delivery and payments conditions, as well as rights and termination procedures.
Amendment 284 #
2018/0082(COD)
Proposal for a directive
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
(e) “perishable agricultural and food products” means agricultural and food products that will become unfit for human consumption unless they are stored, treated, packaged or otherwise conserved to prevent them from becoming unfitrapidly decay due to their natural characteristics, in particular in the absence of appropriate storage conditions.
Amendment 295 #
2018/0082(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. No sooner than three years after the date of application of this Directive, the Commission shall carry out an evaluation of this Directive and present a report on the main findings to the European Parliament, the Council and the European Economic and Social Committee and the Committee of the Regions. The report shall evaluate the effectiveness of this Directive in protecting the most vulnerable actors in the food supply chain against unfair trading practices. The report shall also evaluate the contribution of this Directive to increasing food safety, promoting sustainable practices in the food supply chain and reducing food waste.
Amendment 309 #
2018/0082(COD)
Proposal for a directive
Article 3 – paragraph 1 – point a – introductory part
Article 3 – paragraph 1 – point a – introductory part
(a) a buyer pays a supplier for perishablelater than: - 30 calendar days starting from the last day of the month of receipt of the supplier’s invoice for perishable agricultural and food products, or later than 30 calendar days after the receipt of the supplier’s invoicedate of delivery of the perishable agricultural and food products; or - 60 calendar days starting from the last day of the month of receipt of the supplier’s invoice for non-perishable agricultural and food products, or later than 360 calendar days after the date of delivery of the non-perishable food products, whichever is the lateragricultural and food products. Member States shall ensure that, in sales transactions and for services provided where the buyer is a public authority, these practices are equally prohibited. Thisese prohibitions shall be without prejudice:
Amendment 321 #
2018/0082(COD)
Proposal for a directive
Article 3 – paragraph 1 – point a – indent 1 a (new)
Article 3 – paragraph 1 – point a – indent 1 a (new)
- to the rules on payment terms laid down in the statute of a producer organization or of an association of producer organizations, including cooperatives, of which an agricultural producer is a member, if that statute contains rules enabling members to scrutinise democratically their organisation and its decisions;
Amendment 345 #
2018/0082(COD)
Proposal for a directive
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) a buyer unilaterally and retroactivelyimposes changes to the terms of the supply agreement concerning the frequency, timing or volume of the supply or delivery, the quality standards or the prices of the foodagricultural and food products or the services related to those products;
Amendment 365 #
2018/0082(COD)
Proposal for a directive
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) a supplier pays for the wastage of food products that occurs after the product has passed inton the buyer's premisesownership and that is not caused by the negligence or fault of the supplier.
Amendment 386 #
2018/0082(COD)
Proposal for a directive
Article 3 – paragraph 1 – point d c (new)
Article 3 – paragraph 1 – point d c (new)
(dc) the buyer fails to inform the seller about his intention to adopt promotional or commercial activities which might be detrimental to the reputation of products bearing a geographical indication under Regulation (EU) 1151/201, Regulation (EU) 110/2008 or Regulation (EU) 251/2014.
Amendment 387 #
2018/0082(COD)
Proposal for a directive
Article 3 – paragraph 1 – point d b (new)
Article 3 – paragraph 1 – point d b (new)
(db) the buyer does not inform the supplier of his intention to give a differentiated treatment to his products in relation to other competing brands owned or managed by the buyer itself, in terms of listing, store-space and commercial margins;
Amendment 395 #
2018/0082(COD)
Proposal for a directive
Article 3 – paragraph 1 – point d a (new)
Article 3 – paragraph 1 – point d a (new)
(da) the buyer discloses to a third party the content of the supply contract or trade secrets which have been shared with them by the supplier;
Amendment 462 #
2018/0082(COD)
Proposal for a directive
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
2. Member States shall ensure that the following trading practices are prohibited, if they are not agreed in clear and unambiguous terms at the conclusion of the supply agreement or in any subsequent agreement between the buyer and the supplier during the validity of the supply agreement, or if they are the result of the economic dependence of the supplier on the buyer, which enabled the buyer to impose these terms:
Amendment 465 #
2018/0082(COD)
Proposal for a directive
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
2. Member States shall ensure that the following trading practices are prohibited, if they are not agreed in clear and unambiguous terms at the conclusion of the supply agreement or the ensuing payments are not strictly related to relevant costs incurred by the buyer :
Amendment 501 #
2018/0082(COD)
Proposal for a directive
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. In addition to those specified in paragraphs 1 and 2, Member States shall ensure that all practices which: 1) impose or attempt to impose an unjustified or disproportionate transfer of buyer's economic risks to the supplier;or 2) impose or attempt to impose to the supplier a significant unbalance of rights and obligations before or during the contract; are prohibited.
Amendment 508 #
2018/0082(COD)
Proposal for a directive
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. Member States shall ensure that the trading practices referred to in paragraph 2 points (b), (c) and (d) are prohibited if the ensuing payments from the supplier to the buyer are not related to the costs incurred by the buyer.
Amendment 520 #
2018/0082(COD)
Proposal for a directive
Article 3 a (new)
Article 3 a (new)
Article 3a Contractual relations 1. Without prejudice to Articles 125 and 148 of Regulation (EU) No 1308/2013, Article 168 of that Regulation applies to agricultural and food products as defined in Article 2 point (d) of this Directive. 2. Member States may identify, share and promote best practices concerning long- term contractualisation, aimed at strengthening the bargaining position of producers within the agricultural and food supply chain.
Amendment 532 #
2018/0082(COD)
Proposal for a directive
Article 4 a (new)
Article 4 a (new)
Article 4a Competent enforcement authority 1. The enforcement authority of the Member State in which a buyer suspected to have engaged in a prohibited trading practice is established, shall be competent to investigate unfair trading practices committed by the buyer. 2. If a supplier delivers its products to a recipient related to the buyer but established in a Member State which does not correspond to the place of establishment of the buyer suspected to have engaged in a prohibited trading practice, the enforcement authority of that Member State shall be competent to investigate unfair trading practices committed by the buyer. The recipient of the products shall be considered as jointly liable for infringements committed. 3. Where the buyer is established outside the Union, the enforcement authority of the Member State where the supplier is established shall be competent to investigate unfair trading practices committed against the supplier. 4. The enforcement authority shall also be competent to investigate unfair trading practices as regards the provision of services related to the supply agreement. The buyer shall be considered as jointly liable for any infringements committed by a third-party provider of the related services.
Amendment 562 #
2018/0082(COD)
Proposal for a directive
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. Any other organization with knowledge of unfair trading practices in supply chains shall have the right to submit a complaint, provided there is no conflict of interest.
Amendment 565 #
2018/0082(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. POrganisations of producers organisations or associations of producer of suppliers or associations of organisations of producers or of suppliers, including representative organiszations, whose member(s) or member(s) of their members consider(s) that they are affected by a prohibited trading practice shall have the right to submit a complaint.
Amendment 576 #
2018/0082(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The enforcement authority shall ensure, if so requested by the complainant, the confidentiality of the identity of the complainant and any other information, in respect of which the complainant considers disclosure harmful to his interests. The complainant shall identify such information in a possible request for confidentiality. The authority shall also guarantee the confidentiality of the process and of the investigation themselves.
Amendment 626 #
2018/0082(COD)
Proposal for a directive
Article 6 a (new)
Article 6 a (new)
Article 6 a Obligations of the enforcement authority 1. Enforcement authorities shall control and ensure the proper and fair functioning of the agricultural and food supply chain in the Union. 2. Within 60 days from the receipt of a complaint, the enforcement authority shall inform the complainant about its decision to act or not to act on the complaint. 3.Where the enforcement authority considers that there are insufficient grounds for acting on a complaint, it shall adopt a formal motivated decision rejecting the complaint and inform the complainant about that decision. The decision shall be subject to judicial review. 4. Where the enforcement authority considers that there are sufficient grounds for acting on a complaint, it shall initiate and conduct an investigation, which shall be concluded within six months from the initiation of the investigation. In duly justified cases, the period of six months may be extended by an additional period of six months. 5. Where, as a result of the investigation, an infringement of the prohibitions laid down in Article 3 is established, the enforcement authority shall require the buyer to terminate the prohibited trading practice and impose a pecuniary fine or other equally effective sanctions on the author of the infringement, in accordance with national legislation. The fine and the other sanctions shall be effective, proportionate to the harm caused and dissuasive taking into account the nature, duration and gravity of the infringement. Repeated infringements by the same buyer shall be taken into account when determining the pecuniary fine and the other sanctions to be applied. 6. The enforcement authority may abstain from taking any measure referred to in paragraph 5 of this Article, if such decision would risk revealing the identity of a complainant or disclosing any other information in respect of which the complainant considers disclosure harmful to his interests, provided that the complainant has identified that information in accordance with Article 5(3). 7. The enforcement authority may decide to publish its decisions relating to paragraph 5 of this Article.
Amendment 668 #
2018/0082(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. No sooner than three years after the date of application of this Directive, the Commission shall carry out an evaluation of this Directive and present a report on the main findings to the European Parliament, the Council and the European Economic and Social Committee and the Committee of the Regions. The report shall evaluate the effectiveness in protecting the most vulnerable actors in the food supply chain against unfair trading practices. The report shall also evaluate the contribution of the Directive in increasing food safety, promoting sustainable practices in the food supply chain and reducing food waste.
Amendment 670 #
2018/0082(COD)
Proposal for a directive
Article 11 a (new)
Article 11 a (new)
Article 11a Reporting on effects on consumers 1. The Commission shall carry out an evaluation to establish whether specific trading practices which are unfair have negative effects on consumers, and shall present a report on the main findings to the European Parliament, the Council and the European Economic and Social Committee and the Committee of the Regions. 2. On the basis of the findings of its report, the Commission may present appropriate legislative proposals.
Amendment 8 #
2017/9999(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Points out that Australia has a very competitive, export-focused agricultural sector; emphasises, therefore, that securingthe agreement will entail increased access to the vast EU market through the removal or lowering of tariff and non-tariff barriers in the sector will undoubtedly be a priority for Australia;
Amendment 15 #
2017/9999(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that, by contrast, the Australian market is more than twenty times smaller than the European market and therefore offers European exporters of agricultural products relativelry few outlets; therefore asks the Commission to keep that disproportion in due consideration;
Amendment 39 #
2017/9999(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Hopes that the measures adopted by the European Union within the context of the dairy sector crisis are not seen by Australia as a form of state aid (as has happened in the past in the tomato sector) and therefore used as a pretext for limiting the access of European products to the Australian market;
Amendment 46 #
2017/9999(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Takes the view that the EU must refrain from making any sort of commitment concerning the most sensitive agricultural products, such as beef and veal and sheepmeat and special sugars, special sugars and dairy products; calls therefore on the Commission to provide for a suitable transition period for gradually opening up and maintaining import quotas that do not compromise the future of the European agricultural sector;
Amendment 57 #
2017/9999(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the Commission to take the needs of European agricultural companies, most of which are small and medium-sized companies, into due consideration, to protect them from the competition of the big and extensive companies typical of the Australian production sector;
Amendment 83 #
2017/9999(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Points out that, following Brexit, all tariff quotas which might be granted to Australia will apply to a smaller EU market; emphasises that from now on the EU will have to take careful account of Brexit when deciding what concessions it can offer and, if need be, revise the negotiating mandate;
Amendment 86 #
2017/9999(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses the importance of including a safeguard clause in the treaty that can easily be activated when imports from Australia exceed the established limits and generate excessive imbalances for the European market;
Amendment 88 #
2017/9999(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. AcknowledgReiterates the importance for the EU of an agreement with Australia which would reduce tariff barriers for some processed agricultural products, relax overly strict health checks and protect geographical indications effectivelythe effective acknowledgement and suitable protection of geographical indications, both for wines and spirits and for all other agro-food products; whereas clear provisions safeguarding GIs should be a prerequisite for any agreement; reminds the Commission, however, that it would be unacceptable to sacrifice the interests of European agriculture and its sensitive sectors in order to secure an agreement.
Amendment 106 #
2017/9999(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Asks the Commission and the Council to make the negotiating mandate public as soon as possible, and for negotiations to take place in a way that is transparent and accessible to interested parties.
Amendment 9 #
2017/2922(RSP)
Recital H a (new)
Ha. whereas the European Parliament receives numerous petitions from citizens exercising their right under Articles 24 and 227 of the Treaty on the Functioning of the European Union and Article 44 of the Charter of Fundamental Rights of the European Union, calling for an end to animal testing in Europe and worldwide, and the formulation of international animal welfare standards;
Amendment 15 #
2017/2922(RSP)
Recital K
K. whereas the EU is a key player at the United Nations in the framework of the United Nations; whereas the Europeand isnstitutions and the Member States must remain committed to a global order based on international law and multilateral cooperation;
Amendment 17 #
2017/2922(RSP)
Recital K a (new)
Ka. whereas the EU should do more to promote high animal welfare standards in its external relations;
Amendment 42 #
2017/2922(RSP)
Paragraph 10
10. Calls for an end to animal testing for cosmetics as well as the sale of newly- tested cosmetics globallythe introduction at international level of a ban on animal testing for cosmetics and a ban on international trade in cosmetic ingredients and products tested on animals, based on the model of the EU’s Cosmetics Regulation;
Amendment 48 #
2017/2922(RSP)
Paragraph 11
11. Calls on the Presidents of the EU institutions to advocate forpromote, advocate and facilitate the introduction of a global ban on animal testing for cosmetics in meetings with their counterparts, in particular with the UN Secretary-General;
Amendment 49 #
2017/2922(RSP)
Paragraph 12
12. Calls on the Commission, Council and Member States to use their diplomatic networks to build aand act with determination in every possible bilateral and multilateral negotiating area to build a strong and broadly-based coalition in support of achieving a global ban on animal testing forin the cosmetics sector;
Amendment 52 #
2017/2922(RSP)
Paragraph 13
13. Calls on the Commission, Council and Member States to launch the draftingfacilitate, promote and support the conclusion of an international convention against the testing of animals for cosmetics, within the UN framework and, in particular, to call for; calls on the EU institutions and the Member States to include the global ban on animal testing for cosmetics to be included as an item on the agenda of the next meeting of the UN General Assembly;
Amendment 56 #
2017/2922(RSP)
Paragraph 14
14. Calls on the Commission to engage with stakeholders and other relevant partners involved proactively with all stakeholders, starting with those behind the campaign for a global end to animal testing for cosmetics, and to consider the possibility of organisingnon-government organisations and civil society representatives, in order to promote side events at the next UN General Assembly, to enable discussion among actorsfacilitate dialogue on the benefits and merits of an international convention against the testing of animals for cosmetics;
Amendment 62 #
2017/2922(RSP)
Paragraph 15
15. Calls onUrges the Commission and the Council to make sure that the EU ban on animal testing for cosmetics is not weakened by any on-going trade negotiations, nor by World Trade Organisation rules;
Amendment 1 #
2017/2285(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
– having regard to the Decision No 1386/2013 of the European Parliament and of the Council of 20 November 2013 on a General Union Environment Action Programme to 2020 ‘Living well, within the limits of our planet’,
Amendment 6 #
2017/2285(INI)
Motion for a resolution
Citation 19 a (new)
Citation 19 a (new)
– having regard to the report of European Environment Agency ‘Approximated EU Greenhouse Gas Inventory 2016”,
Amendment 27 #
2017/2285(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas transport is an important building block in the EU energy-climate policy, and whereas EU target minimum share for renewable energy and targets for reducing greenhouse gas emissions cannot be reached without a significant contribution from transport;
Amendment 29 #
2017/2285(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas transport currently accounts for 32% of EU’s total energy consumption and transport emissions are responsible, according to the EEA report "‘Approximated EU greenhouse gas inventory 2016", for 27% of total EU greenhouse gas emissions, representing an important environmental concern in terms of air pollution; whereas, furthermore, its energy demand relies almost entirely on (imported) oil, leading to energy dependency and vulnerability to price fluctuation;
Amendment 41 #
2017/2285(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Reiterates the urgent need for an actual sustainability of transport throughout the EU; in this regard, notes with concern that, if the transition to low- emission alternative energy in transport has begun, greenhouse gas emissions in transport did not show the same decline as in other sectors, also because of lack of strong incentives to innovate in energies and technologies needed for the long-term decarbonisation and energy diversification of transport;
Amendment 100 #
2017/2285(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls for ERDF support to European Territorial Cooperation to be strengthened through additional resources, and for the establishment of a dedicated priority axis for transport infrastructure investments; understands that the focus should be on connectivity in cross-border regions, as well as advisory assistance and capacity building at project level; calls for barriers to be dismantled in order to facilitate investments, and notably cross- border investments, in transport, always taking into consideration environmental and health issues related to the specific building site(s);
Amendment 120 #
2017/2285(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Stresses the importance of improving transport connectivity assessing first and foremost, however, whether existing networks can be renovated and/or expanded; calls on the European institutions and the Member States not to endorse infrastructure projects that contribute to the impoverishment of the Union’s natural capital and to the deterioration of air quality, do not meet the needs expressed by citizens and by local communities, are not sustainable from an economic and financial point of view and increase the uncertainty surrounding the achievement of the objectives of the 7th Environmental Action Programme;
Amendment 123 #
2017/2285(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Urges national, regional and local authorities to choose and implement projects, in the framework of relevant Operational programmes, based on mobility and transport plans that take into duly account environmental sustainability and economic and financial rationality and that thus aim to actually fulfil the Thematic Objective n.7; calls, in this regard, on cities and regions to encourage the inter-modality and decarbonisation of transport, to discourage the use of private cars, to encourage walking and the expansion of networks of cycle paths and to promote integrated, low-emission systems of collective public mobility, preferably on rails;
Amendment 130 #
2017/2285(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls on the Commission, in the framework of the new Regulation(s) for the post-2020 cohesion policy, to propose a bigger earmarking of funds available for cities to bid jointly for infrastructure or technologies that would contribute to decarbonising urban transport and reducing air pollution from road vehicles;
Amendment 3 #
2017/2279(INI)
Motion for a resolution
Citation 17 a (new)
Citation 17 a (new)
– having regard to the communication from the Commission of 14 February 2018 on "A new, modern Multiannual Financial Framework for a European Union that delivers efficiently on its priorities post-2020" (COM(2018) 98)
Amendment 84 #
2017/2279(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Expresses its concern on the findings of the 7th Report, which highlights that, despite positive signs, the risk of poverty or social exclusion remains a key challenge especially in the Baltic and southern Member States and that inequalities are growing especially in cities;
Amendment 181 #
2017/2279(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Calls on the Council and the Parliament to keep, in the forthcoming review of the Regulation(s), at least 20 % of the total allocation of the ESF devoted to fighting poverty and social exclusion, and also to examine, in particular in the framework of the European Social Fund and the EU Programme for Employment and Social Innovation (EaSI), the funding possibilities for helping every Member State establish a minimum income scheme where it does not exist or improve the functioning and effectiveness of existing systems;
Amendment 231 #
2017/2279(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Emphasises that financial instruments can be an effective lever and that they should be promoted only if they generate added value; stresses, however, that their effectiveness hinges on many factors (nature of the project, of the territory or of the risk) and that all regions, regardless of their level of development, must be free to determine the most appropriate method of financing; opposes any binding targets for the use of financial instruments;
Amendment 235 #
2017/2279(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Stresses that low-risk financial instruments are preferable to equity, trust funds and some types of bond and proposes promoting loans at a subsidised rate - preferably with sufficiently long payback times - and regulating and facilitating forms of crowd funding and peer-to-peer and social lending;
Amendment 241 #
2017/2279(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Believes that it is both legitimate and necessary to establish a link between cohesion policy and the guarantee of an environment conducive to investment, effectiveness and the proper use of funds, while stressing that cohesion policy is not meant to be reduced to an instrument for serving priorities without reference to its objectives; expresses its support for a balanced link with economic governance where this helps to maximise the impact of ESI Funds; calls on the Commission to overhaul the European Semester to strengthen its territorial dimension and take account of other factors which contribute to the achievement of cohesion objectives, such as real convergence;
Amendment 250 #
2017/2279(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Regrets the decision of the European Commission to not take into account the position of the European Parliament, which expressed its opposition to macro-conditionality in its resolution "Building blocks for a post- 2020 EU Cohesion policy" voted on 13 June 2017, and thus to not proceed with a legislative proposal concerning article 23 of the Common Provisions Regulation aimed at reviewing the very rationale of the link between the European Semester and the cohesion policy;
Amendment 254 #
2017/2279(INI)
Motion for a resolution
Paragraph 24 b (new)
Paragraph 24 b (new)
24b. Stresses also that the reasons underlying the decision of the Commission to not address the issue of macro-conditionality are blatantly contradictory with the findings of the 7th Report itself (which states that the budget balance of sub-national governments has been transformed from a deficit of close to 1% of GDP in 2010 to a surplus, so that the overall general government deficit in 2016, which averaged just under 2% of GDP, was solely accounted for by central government and the Social Security funds); reiterates the need of eliminating any provision for penalties which are unjust, unnecessary and penalise in particular regional and local authorities and project beneficiaries;
Amendment 266 #
2017/2279(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Notes that the quality of public administration is a decisive factor in regional growth and the effectiveness of ESI funds; emphasises the need to increase administrative capacities; believes that, particularly for lagging regions, the share earmarked for technical assistance and aimed at strengthening the administrative capacity of the Member States in the use of ESI funds should also be maintained in the new programming period and contain new performance indicators;
Amendment 289 #
2017/2279(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Stresses, at the same time, the need to make operational programmes genuine strategic documents which are more concise and more flexible, establishing a simplified procedure for their modification during programming, especially in case of unforeseen events like natural disasters;
Amendment 292 #
2017/2279(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30a. Considers that the main principles and good practices enshrined in the article 5 of the current European Code of Conduct and concerning the involvement of relevant partners in the preparation of the Partnership Agreement and Operational Programmes should be actually implemented in the next post- 2020 framework, with particular focus on the issue of timely disclosure and easy access to relevant information, especially for civil society organizations; proposes, in this regard, a more binding European Code of Conduct on Partnerships and asks the Commission to consider setting a specific ex-ante conditionality to boost multilevel governance;
Amendment 324 #
2017/2279(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Considers that cohesion policy can help to meet new challenges, such as security or the integration of refugees under international protection, with due regard for the sovereignty of the Member States; stresses, however, that cohesion policy cannot be the solution to all crises, and opposes the use of cohesion policy funds to cover short-term financing needs outside its scope; or to impose those structural reforms such as privatisation processes or interventions in the job market, whose rationale is completely inconsistent with the objectives of economic, social and territorial cohesion;
Amendment 4 #
2017/2211(INI)
Motion for a resolution
Recital A
Recital A
A. whereas local and regional authorities are at the forefront of the transition to a circular economy and whereas their contribution, together with the adequate informing and active involvement of citizens, is key to the achievement of this shift;
Amendment 19 #
2017/2211(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas in the Structural Funds programming period for 2014-20, as much as EUR 5.5 billion is available for waste management; whereas considerable support for the completion of the transition to a circular economy is being provided by other programmes, too, such as LIFE, COSME and Horizon 2020; whereas, moreover, it is vital to establish a synergy between the above-mentioned instruments in order to achieve the goals set out in the Commission's Action plan for the Circular Economy;
Amendment 23 #
2017/2211(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas one of the aims of the circular economy is to reduce waste in landfills and whereas the securing and remediation of legal and illegal landfills in the Member States should be regarded as an absolute priority;
Amendment 28 #
2017/2211(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Hopes that in the next 2021-2027 programming period a specific thematic objective will be devoted to the circular economy, thus making the need for radical change more explicit with regard to both the drastic reduction of waste and the very way in which products are designed, reused and recycled, with a view to achieving the economic, social and territorial cohesion objectives enshrined in the Treaties;
Amendment 32 #
2017/2211(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Commission to take extraordinary action to remediate areas used for the illegal discharge and landfill of hazardous waste, which is adversely affecting the health and economic and social well-being of the populations concerned (for example in the so-called Land of Fires [Terra dei Fuochi] in the Campania Region);
Amendment 75 #
2017/2211(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls for easier and better access to finance for local authorities, also through the strengthening of their administrative capacity, to enable investments in green jobs and in local energy transition, including energy efficiency, decentralised distribution of energy and the circular economy;
Amendment 84 #
2017/2211(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Regrets the lack or low quality, in some regions of southern Italy, of appropriate waste plans, resulting in risks not only to public health but also to the disbursement of funding from the European Structural and Investment Funds in the areas concerned, owing to the failure to fulfil the relevant ex-ante conditionalities;
Amendment 104 #
2017/2211(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Stresses that the Commission has recently clarified that EU funds for energy efficiency concern sectors and economic activities aimed at environmental protection, energy savings, the reduction of CO2 emissions and sectors which do not have polluting production processes and that those funds must therefore support only measures which seek to increase the energy efficiency of facilities in which materials and the relative production cycle are recovered and recycled, excluding activities relating to the collection, disposal, landfilling and incineration of waste;
Amendment 111 #
2017/2211(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Takes the view that in order to ensure that the transition to a circular economy takes place in a uniform manner across the EU, the various environmental and administrative problems in EU countries need to be taken into account;
Amendment 113 #
2017/2211(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. Calls on the Commission to consider excluding regional and national investments co-financed through the ESI Funds, with a view to achieving the circular economy objectives, from the calculation of government deficits for the European Semester;
Amendment 116 #
2017/2211(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commission, for the next programming period, to implement a relevant tracking methodology and appropriate indicators to allow accurate monitoring of the contribution of cohesion policy to the achievement of a circular economy;
Amendment 121 #
2017/2211(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Commission to design, in the future cohesion policy framework, a new ex ante conditionality provision related to the achievement of a circular economy, for instance through the development of circular economy strategies, shared with the national, regional and local authorities and economic and social partners;
Amendment 127 #
2017/2211(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Calls on the Commission to consider establishing, in the next programming period, a specific fund accessible to regional and local authorities, the purpose of which would be to cover extraordinary expenditure, such as the remediation of legal and illegal sites used for the storage and disposal of waste, including industrial waste;
Amendment 130 #
2017/2211(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Hopes that climate-related expenditure will be substantially increased in comparison with the current Multiannual Financial Framework (MFF) and that it will account for at least 30% of the next MFF;
Amendment 131 #
2017/2211(INI)
Motion for a resolution
Paragraph 22 b (new)
Paragraph 22 b (new)
22b. Calls on the Commission and the national, regional and local authorities to improve the management and monitoring system for projects relating to the establishment and modernisation of facilities to help achieve the objectives of the circular economy; calls on it, in addition, to increase the transparency of the entire project process in order to prevent the infiltration of organised crime, which would harm the environment and the community;
Amendment 9 #
2017/2128(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the fact that an implementation report for Regulation (EC) No 1107/2009 is being undertaken with the aim of ensuring a high level of protection of both human and animal health as well as the environment, while safeguarding the competitiveness of the EU’s agriculture sector, by providing access to a broad range offor all farmers and producers only to those active substances and Plant Protection Products (PPP) for all farmers and producers, irrespective of the Members States they are operating inwhich conform to the criteria set out in the present Regulation (EC) No 1107/2009;
Amendment 35 #
2017/2128(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Points out that this regulation is part of the wider EU Plant Protection Products (PPP) regime, which also includes the Sustainable Use Directive (SUD) and the regulation setting Maximum Residue Levels (MRL), and that all three parts must be considered together in order to identify whether they are fit for purpose, including with a view tothe purpose being to help reducinge the total volume of PPPs used;
Amendment 82 #
2017/2128(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Expresses its concern about systematic delays in the authorisation processes and condemns the increasing use of derogations as laid down in Article 53 of Regulation (EC) No 1107/2009, while underlining the necessity for Member States to comply with the legal deadlines to ensure predictability for applicants and facilitate the market introduction of innovative PPPs that are in line with more stringent requirements;
Amendment 103 #
2017/2128(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses the need to encourage work sharing between Member States by fostering the availability and use of harmonised methodology and models to conduct evaluations, while reducing the existence of additional national requireprovided that such methodology is aimed at harmonisation based on better standards to protect public health, safety, and the environments;
Amendment 115 #
2017/2128(INI)
Draft opinion
Paragraph 7
Paragraph 7
Amendment 134 #
2017/2128(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Stresses the contribution that the authorisation of low-risk PPPs might makes to a sustainable EU farming sector in the short term, and draws attention to the importance of contributing to a better functioning agricultural ecosystem and a sustainable farming sector, while pointing out that the lack of availability of PPPs could jeopardise the diversification of agriculture and cause harmful organisms to become resistant to PPPs.by employing sustainable, innovative soil management techniques;
Amendment 147 #
2017/2128(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Supports the dissemination of organic crop-growing techniques in order to provide an alternative to the use of PPPs, and maintains that an approach based on prevention, protective measures, and early detection of pathogens harmful to plants is the best safe way to improve crops.
Amendment 154 #
2017/2128(INI)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Calls for greater funding for inspections and 'hazard-based surveys' in order to contain and prevent the spread of pathogens that damage crops; believes that when such inspections are conducted, higher priority should be assigned to tree species significant to the EU's historical and cultural heritage.
Amendment 83 #
2017/2117(INI)
Motion for a resolution
Recital M
Recital M
M. whereas the protection afforded to certain animal species under the Habitats Directive has l, as well as destruction of and deterioration of habitats, encroachment of hunting ranges by development, logging, and farming, rural depopulation and reduction in abundance and quality of their natural prey species have all contributed to increased attacks on herds of sheep and goats by wolves, bears and lynxes, thus worsening the precarious situation in which some farms find themselves;
Amendment 92 #
2017/2117(INI)
Motion for a resolution
Recital M a (new)
Recital M a (new)
Ma. whereas large predators have an instinctive wariness of humans and human activity and prefer to look for food in forest habitats; whereas people hunting in forests can change population dynamics of deer and other herbivores, so overhunting and lack of prey can also be a factor driving the predators to hunt outside their preferred forest ranges; other factors may include changes in the structure of the forest, for example due to timber extraction, so it can support smaller numbers of larger herbivorous prey;
Amendment 93 #
2017/2117(INI)
Motion for a resolution
Recital M a (new)
Recital M a (new)
Ma. whereas wolves are highly mobile large predators and will quickly repopulate vacated territories after culling, as long as there is a (re)population flow from their core species range; whereas a new pack can be less wary of human activity or can be even more aggressive predators of livestock than the ones they replaced, so predation management should seek to deter individuals and elicit cautious behaviours of habilitated packs;
Amendment 346 #
2017/2117(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Invites the Commission and Member States to consider rural development measures to protect herds from attack from predators and look into reviewing the Habitats Directive, with the aim of controlling the spread of predators by adapting the protected status of the wolf in certain grazing areas;
Amendment 360 #
2017/2117(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Underlines the need for an objective, science-based approach that considers animal behaviour, predator- prey relations, accurate quantification of predation risk by species listed in the habitats directive, hybridisation, range dynamics and other ecological issues in any suggestions considered;
Amendment 371 #
2017/2117(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Notes the partial success of schemes to re-introduce strains of sheepdogs in helping warn off wolves or at least hybrids; proposes “wolf ombudsmen” to mediate between various interests and also between protection status and the need to compensate for losses from wolf kills, following a successful model for bear ombudsman in some Member States;
Amendment 15 #
2017/2116(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Believes that the promotion of protein crop cultivation is a powerful tool n important tool for ensuring the transition towards more sustainable agri-food systems, supporting a shift from input-intensive crop monoculturefrom intensive monocultures with a high input of synthetic chemical products and high environmental impact towards diversified agro-ecological systems;
Amendment 17 #
2017/2116(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Believes that the best way to use protein crops is for food for humans. Their production should therefore follow an order of priorities which favours direct human consumption followed by the production of animal feed and which permits biofuel production from waste only;
Amendment 19 #
2017/2116(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Recalls that consumption of red meat may lead to the onset of cardiovascular disease and that, according to a recent publication by the IARC in Lyon, consumption even in modest daily amounts of processed red meat may increase the risk of cancer;
Amendment 22 #
2017/2116(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Recalls that animal production is responsible for about 15% of total greenhouse gas emissions and that, according to the United Nations Environment Program (UNEP), the only way to address the food needs of a growing human population is by reducing the consumption of meat and dairy products;
Amendment 23 #
2017/2116(INI)
Draft opinion
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Recalls that between 1990 and 2013 livestock numbers in the EU27 increased by about 40 million; stresses that the intensification of stockbreeding, and the resulting imbalance between the area of land growing fodder and livestock numbers is at the root of the need to import most of the feed and the raw materials to produce it;
Amendment 24 #
2017/2116(INI)
Motion for a resolution
Recital C
Recital C
C. whereas it is necessary to adopt a more comprehensive analysis of the protein issue in Europe so as to equip ourselves with a long-term strategy and maximise the number of instruments at our disposal for boosting the effectiveness of action to reduce our dependence on vegetable proteins;
Amendment 30 #
2017/2116(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Highlights the fact that protein crops include not only soybeansa, but also grain and forage legumes, which can be grown in a diverse range ofare well adapted to all agro-climatic and soil conditions across Europethe EU;
Amendment 34 #
2017/2116(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. NoteRecalls that protein crops have a wide range of environmental benefits, such as being able to fix nitrogen from the atmosphere, using less fossil fuel-based fertilisers, improving soil properties, reducing disease levels and protecting biodiversityare able to fix nitrogen from the atmosphere, reducing demand for synthetic fertilisers. Stresses the environmental advantages of protein crops, including improving the physical characteristics of the soil, promoting biodiversity, reducing the spread of disease, reducing nitrogen dioxide emissions during cultivation and enteric methane from livestock breeding;
Amendment 39 #
2017/2116(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Recalls that in a European strategy for the promotion of protein crops, it is essential to ensure the rotation of crops to improve soil structure and fertility and biodiversity, preventing pathogenic and parasitic accumulation and reducing the use of pesticides and water pollution;
Amendment 44 #
2017/2116(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Recalls that the EU relies on massive imports of protein-rich feed materials, for the most part genetically modified soya, which may give rise to serious environmental problems in source countrieimports about 70% of animal feed which consists mostly of soya or derived products from transgenic varieties which may give rise to serious environmental problems during cultivation and uncertain health risks for European consumers;
Amendment 51 #
2017/2116(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Recalls that according to the FAO, over the past quarter of a century forests have been cleared from an area the size of India particularly in Central and South America and that expansion of pastures for livestock production has been one of the driving forces behind this destruction. Deforestation causes incalculable environmental damage, releasing billions of tonnes of carbon dioxide into the atmosphere and driving thousands of species of life to extinction each year;
Amendment 54 #
2017/2116(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Stresses that Commission data shows that over 50% of EU cereals are used to feed animals; notes that the UN Food and Agriculture Organisation has warned that further ruse of cereals as animal feed could threaten food security by reducing the grain available for human consumption;
Amendment 56 #
2017/2116(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Recalls that some 75% of soybeans go to feed animals and that genetically modified soybean is planted on over 90 million hectares worldwide, the 82% of the total surface for soy cultivation; recalls that in US the percentage of GE soybean is well over 90%;
Amendment 57 #
2017/2116(INI)
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Recalls that the massive use of herbicide resistant transgenic (HT) plant varieties has helped considerably to the selection of resistant weeds; highlights that a similar trend can be observed among target insects becoming resistant to insecticidal protein released by Bt transgenic plant; stresses the risk that HT plant can be sprayed with herbicides just before the harvesting thus increasing the risk of higher concentration of chemical residues in commercial products;
Amendment 66 #
2017/2116(INI)
Motion for a resolution
Recital F
Recital F
Amendment 69 #
2017/2116(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Recalls that the CAP has a decisive impact on farmers’ decisions to grow protein crops and should therefore be used to its full potentialamended in order to use its full potential for enhancing protein cultivation and reducing carbon and environmental footprint of farming;
Amendment 87 #
2017/2116(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Recalls the importance to promote practices such as the nomadic apiculture that can either boost agricultural productivity, biodiversity and ensure a better resilience to the apiculture sector;
Amendment 92 #
2017/2116(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Recalls that the by-products of food and bio-fuel production and certain processed animal proteinsmay represent important alternative sources of proteins for feed;
Amendment 95 #
2017/2116(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Believes that the promotion of protein crops should not result in the promotion of biofuel production. The production of biofuel from leguminous crops must be limited to waste from production and processing;
Amendment 97 #
2017/2116(INI)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Calls on the Commission and the Member States to make greater efforts to promote pesticide-free agriculture for the benefit of the environment and consumers;
Amendment 105 #
2017/2116(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Recalls that vegetal protein are healthier than animal ones;
Amendment 106 #
2017/2116(INI)
Draft opinion
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Highlights the importance that dietary education may play in shaping the food demands; stresses the need for the adoption of dietary guidelines at either EU or Member States' level aimed at promoting healthy diet while addressing the environmental concerns linked to food production;
Amendment 108 #
2017/2116(INI)
Motion for a resolution
Recital K a (new)
Recital K a (new)
Ka. whereas, according to a recent publication by the IARC, the excessive consumption of red meat and processed meat may lead to a greater risk of cancer and heart disease;
Amendment 112 #
2017/2116(INI)
Motion for a resolution
Recital K b (new)
Recital K b (new)
Kb. whereas animal production is responsible for about 15% of total greenhouse gas emissions;
Amendment 114 #
2017/2116(INI)
Motion for a resolution
Recital K c (new)
Recital K c (new)
Kc. whereas the European Union imports about 70% of the animal feed it uses, consisting mainly of soya and other genetically modified crops, and whereas these pose health risks to European consumers;
Amendment 115 #
2017/2116(INI)
Motion for a resolution
Recital K d (new)
Recital K d (new)
Kd. whereas according to numerous studies, vegetable proteins are healthier for humans than animal proteins;
Amendment 116 #
2017/2116(INI)
Draft opinion
Paragraph 11
Paragraph 11
11. Supports the establishment of transparent product labelling systems based on certified production standards, such as the Danube Soya and Europe Soya standardstresses the need for investment in research to solve the pressing agronomic issues that are limiting protein crop cultivation in the EU;
Amendment 122 #
2017/2116(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Takes the view that it is time to implement a major strategic European vegetable protein production and supply plan based on the sustainable development of all the crops grown throughout the EU; further takes the view that this change implies a substantial alteration of our production systems to meet the requirements of the circular economy and of agroecology;
Amendment 152 #
2017/2116(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Is of the opinion that the main aim of the plan should be the transition towards a supply and consumption chain that promotes the inclusion of vegetable proteins in the diets of EU citizens, progressively but significantly reducing the consumption of animal protein, which is currently at levels that are too high and are endangering both human health and environmental sustainability;
Amendment 185 #
2017/2116(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Takes the view that the promotion of protein crop cultivation is a vital tool for facilitating the transition from intensive monocultures, which involve the ample use of chemicals that are harmful to the environment as a whole, towards more diversified agro-ecological systems;
Amendment 196 #
2017/2116(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Encourages promoting the production of high-quality, GMO-free proteins by improving their traceability and labelling, with regard to both their place of production and the methods used;
Amendment 228 #
2017/2116(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Takes the view that in order to enhance protein production and increase soil fertility, it is necessary to rotate crops (over a minimum of three years) and increase mixing of varieties and crops in the pulse (clover/rape, triticale/peas etc.) and forage (leguminous grasses, meslins, etc.) production sectors;
Amendment 249 #
2017/2116(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Points out that the main aim of protein crops should be to feed humans and that human consumption should therefore be the main purpose of this cultivation, while the production of animal feed should be a secondary aim; stresses, however, that biofuel production should be permitted from waste only;
Amendment 258 #
2017/2116(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Considers it necessary to take nutrition education measures, especially for the younger generations, to promote healthier eating habits that encourage a greater intake of vegetable proteins in the daily diet, which will have a positive impact on people's health and on the environment;
Amendment 5 #
2017/2115(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Considers that honeybees are a crucial part of biodiversity and that they constituteEmphasises the importance of honeybees as environmental health indicators, as crucial factors in biodiversity as a whole and ans irreplaceable universal heritage on which animal pollination largely depends;
Amendment 8 #
2017/2115(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Points out that the practice of so- called nomadic apiculture has many positive aspects but also a number of critical ones, in particular regarding compliance with the rules to prevent risks from spreading; whereas, therefore, more careful monitoring needs to take place;
Amendment 13 #
2017/2115(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Considers that the deterioration of the environment due to the growing impact of human activity, the spread of intensive farming, the increasing use of plant health products, and climate change, are causing high mortality rates among bees and a drastic reduction in the number of bee colonies;
Amendment 16 #
2017/2115(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Stresses the importance of preserving the variety of the bee gene pool, which is a vital resource for ensuring that bee populations are able to adapt to environmental changes and threats to their health;
Amendment 23 #
2017/2115(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that while genetic selection can help prevent certain health scourges it must not lead to an impoverishment of the genetic heritage of bees, particularly of local species;
Amendment 35 #
2017/2115(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Deplores the fact thatthreat posed to the survival of bees by the widespread use of chemical pesticides, particularly on melliferous plant species, threatens the survival of bees;
Amendment 40 #
2017/2115(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Points to the growing body of scientific research connecting the extinction of bee colonies to the use of neonicotinoid pesticides;
Amendment 43 #
2017/2115(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Points out that the EU has introduced temporary restrictions on the use of four neonicotinoid insecticides (clothianidin, thiamethoxam, imidacloprid and fipronil) in order to mitigate the impact on bees;
Amendment 51 #
2017/2115(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Emphasises the contribution that ‘controlled pollination’ helps to restore harmony between beekeepers and farmers and can substantially, which has been facilitated by nomadic apiculture, makes to increaseing crop yields and honey product output;
Amendment 52 #
2017/2115(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Points to the recent research conducted by the FAO, which shows that increasing the density and variety of pollinating insects has a direct impact on harvest yields and, as such can help small farmers increase their productivity by an average of 24% overall.
Amendment 65 #
2017/2115(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Commission to include as one of the objectives of the common agricultural policy (CAP) limits on the objective ofthat of halting increasinged productivity to circumscribe crop intensification, in order to provide sufficient andhrough the use of chemical inputs, while simultaneously encouraging the changeover to agro- ecological methods through the use of the organic and biodynamic crop production practices needed to ensure a healthy living space for bees;
Amendment 70 #
2017/2115(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Commission, when reviewing the common agricultural policy post-2020, to award priority to measures that guarantee the environmental integrity required to ensure the optimum state of health of the bee population;
Amendment 76 #
2017/2115(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Underlines in particular the role of research relating to the causes of the reduction in life expectancyspan of queen bees, which is a worrying phenomenon;
Amendment 81 #
2017/2115(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. whereas the practice of so-called nomadic farming has many positive aspects but also a number of critical ones, in particular regarding compliance with the rules to prevent hazardous situations from spreading; whereas, therefore, more careful monitoring needs to take place;
Amendment 86 #
2017/2115(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Considers it appropriate to support the development of biological pesticides harmless to beesalls for top priority to be awarded to the development and use of agricultural techniques and plant health products that are harmless to bees and the environment;
Amendment 98 #
2017/2115(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. calls on the Commission, in addition, to introduce and strengthen indirect measures to help increase the bee population, for instance by considering the possibility of sowing melliferous plant species on fallow land or by providing for a mandatory quota of land that each holding must devote to melliferous plants;
Amendment 110 #
2017/2115(INI)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls for a definitive ban on the placing of any neonicotinoid insecticides on the European market;
Amendment 118 #
2017/2115(INI)
Motion for a resolution
Recital O
Recital O
Amendment 174 #
2017/2115(INI)
Motion for a resolution
Recital AF
Recital AF
AF. whereas other beekeeping products such as pollen, propolis, beeswax and royal jelly also contribute significantly to people’s wellbeing and play an important role in the healthcare and cosmetics industriesy;
Amendment 205 #
2017/2115(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Understands that financing of beekeeping must be increased in future agricultural policystructured in a more targeted and effective way in future agricultural policy and backed up by appropriate financial instruments that enable the objectives to be achieved;
Amendment 224 #
2017/2115(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to include a new direct support scheme for beekeepers based on colony numbers in its proposals for the common agricultural policy post-2020; calls on the Commission, in addition, to introduce and strengthen indirect measures to help increase the bee population, for instance by considering the possibility of sowing melliferous plant seeds on fallow land or by providing for a mandatory quota of land that each holding must devote to melliferous plants;
Amendment 264 #
2017/2115(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Considers that beekeepers should be granted tax relief in every Member State in view of the agricultural and environmental significance of their work; and that red tape should be simplified for those who wish to undertake this activity;
Amendment 277 #
2017/2115(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls on the Commission to promote harmonisation between the laws of the Member States concerning organic honey production, to overcome any discrepancies that prevent European organic beekeepers from having access to the market under the same rules;
Amendment 295 #
2017/2115(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Understands that worsening environmental conditions, due to the growing impact of human activity, the spread of intensive farming, the increasing use of plant protection products, and climate change, in addition to the arrival of some invasive alien species such as the Varroa destructor, the small hive beetle (Aethina tumida), the Asian hornet and American foulbrood, are causing serious harm to beekeepers and widespread destruction among widespread destruction among bees and a drastic reduction in their numbeers;
Amendment 299 #
2017/2115(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Stresses the importance of adequately and effectively supporting – including financially – research activities aimed at finding ways of defending bee populations from attack by and competition from invasive alien species and of disseminating the findings, methodologies and techniques that can help counter these problems;
Amendment 334 #
2017/2115(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Stresses the importance of preserving the variety of the bee gene pool, which is a vital resource in order to ensure that bee populations are able to adapt to any environmental changes and threats to their health;
Amendment 354 #
2017/2115(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Stresses the importance of bees as indicators of environmental health and acknowledges that action to protect bees and action to protect the environment often coincide and can only be taken in parallel;
Amendment 364 #
2017/2115(INI)
14b. Calls on the Commission to draw up guidelines to limit the use of substances that are harmful to bees, especially close to colonies, and if necessary even to provide for buffer zones beyond the limit of which they may not be used;
Amendment 408 #
2017/2115(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. This would enablstrengthen the EU monitoring to be applied to honey packagers in non- EU countries, thereby enabling the official auditors to find out if adulterated honey had been used and ensuring its removal from the food chain;
Amendment 412 #
2017/2115(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Expects honey always to be identifiable from the moment it leaves the hiveof harvesting and to be classifiable according to its plant origin, irrespective of whether it is a domestic or an imported product;
Amendment 419 #
2017/2115(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Proposes that the Honey Directive (2001/110/EC) be widened to encompass clear definitions of all bee-keeping products, including royal jelly, pollen, and beeswax;
Amendment 465 #
2017/2115(INI)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. Calls on the Member States to promote high-quality products by setting up protection schemes based on registered geographical indications;
Amendment 53 #
2017/2088(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the extreme price volatility of agricultural products is a major disincentive to those who would like to set up a farming business, often leading them to focus on niche products with safer profit margins;
Amendment 58 #
2017/2088(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas the concentration of land is a process which is intensifying considerably; whereas between 2005 and 2015 the number of farms decreased by around 3.8 million while their average size grew by 36%;
Amendment 62 #
2017/2088(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas support for young farmers, by both stopping them from dropping out and encouraging them to set up business, can be a benefit for upland rural areas, the population of which is, on the whole, constantly ageing, and can promote economic recovery in both the agri-food sector and related industries;
Amendment 106 #
2017/2088(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the creation of an agricultural guarantee instrument, proposed by the Commission and the European Investment Bank (EIB) in March 2015, which should make it easier for young farmers to access credit; recommends that access to finance be improved through subsidised interest rates on loans for new entrants, also from private financial operators; calls for improved cooperation with the EIB and the European Investment Fund (EIF) to foster the creation of financial instruments dedicated to young farmers across all Member States;
Amendment 131 #
2017/2088(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the fact that Common Agricultural Policy (CAP) reform 2014- 2020 introduced new measures to support young farmers in setting up farms; expresses concern however that administrative burdens may be inhibiting take-up of these measures; notes that the overall administration of the direct payments and Rural Development Programme measures is perceived as difficult, especially for new entrants who are not familiar with the payment system and are often not equipped to prepare a long-term business plan requiring in- depth expertise;
Amendment 169 #
2017/2088(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Notes that access to land is the largest barrier to new entrants to farming in Europe and is limited by the low supply of land for sale or rent in many regions, as well as by the competition from other farmers, investors and residential users which is exacerbated by the steady concentration of land ownership in the hands of a few, severely distorting the property market; considers that the land access problem is exacerbated by the current direct payment structure, which requires minimal active use of the land and allocates subsidies largely on the basis of land ownership; believes that the existing farmers are incentivised to retain land access in order to retain subsidy access instead of ensuring the best use of the land; recommends increasing the activity levels required to receive payments and to target subsidy payments towards the achievement of particular outcomes (e.g. production of specific environmental or social goods) in order to discourage land speculation;
Amendment 201 #
2017/2088(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Considers that a more detailed definition of 'young farmer' is needed to distinguish between those who take over the family farm on which they grew up and to which they have already contributed through their own work, those who enter the sector from outside by purchasing a farm and those who start farming from scratch; stresses that these three categories of 'young farmer' all have features in common but face different kinds of problems requiring targeted instruments; considers furthermore that a clear distinction needs to be made between support for young farmers and support for new entrants;
Amendment 204 #
2017/2088(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Points out that at present it is those taking over management of existing farms who benefit the most from aid for new entrants and young farmers;
Amendment 212 #
2017/2088(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes that in many Member States the generational renewal and the access of young people to agricultural land is hindered by late succession; considers that the current CAP lacks any incentives for older farmers to pass their businesses to younger generations, including through succession planning tools; recommends reconsidering the implementation of measures that would motivate older holders to pass their farms to young farmers, such as the ‘farm-exit scheme’ and other incentives for retirement;
Amendment 229 #
2017/2088(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Believes that the Member States and the regions should be given more power to regulate farmland and set restrictions to that endmarkets and introduce curbs on land speculation, particularly with a view to tackling Europe’s land-grabbing and concentration phenomenon, which is limiting young farmers’ options when starting out;
Amendment 264 #
2017/2088(INI)
17. Calls on the Commission and the Member States to offer more training opportunities for potential and confirmed young farmers, including farming, technological and entrepreneurial skills such as marketing, networking, communication and financial expertisemanagement, especially in regard to new technologies and new business models;
Amendment 27 #
2017/2073(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the Commission initiative providing guidance for Member States in the context of the mutual evaluation exercise, including the organisation of in-depth discussions with national authorities and the national professional associations concerned;
Amendment 31 #
2017/2073(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 35 #
2017/2073(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes that Member States have faced significant challenges in notifying information about the professions they regulate and the requirements for accessing those professions, which have led to an increase in red tape;
Amendment 39 #
2017/2073(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Underlines that improving transparency and comparability of the national requirements on the access to or pursuit of regulated professions is key to ensuring safe mobilitycould enable greater mobility among professional service providers and that consequently, in line with Directive 2005/36/EC, all national requirements should be notified and made publicly available in the database for regulated professions, in a clear and intelligible manner;
Amendment 47 #
2017/2073(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Member States to fully implement Article 59 of Directive 2005/36/EC and to step up their efforts to guarantee more transparency of their professional regulations, which is crucial for the mobility of professionals across the EU;
Amendment 62 #
2017/2073(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses that effective regulation of professions contributes to the development of a fair society; recalls that Member States are free to introduce new regulations or to amend existing rules restricting the access to or pursuit of regulated professions where justified by public interest objectives, including overriding reasons of general interest, reflecting thuswhich serve to maintain their vision for society and their socio-economic context;
Amendment 65 #
2017/2073(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. At the same time, considers that discriminatory, unjustified and disproportionate requirements can be particularly unfair, especially for young professionals, struggling to enter a profession, and can hamper competition and negatively affect service recipients, including consumers;
Amendment 77 #
2017/2073(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Recognises the role of professional regulation in achieving a high level of protection of public interest objectives, such as the protection of consumers, recipients of services and workers, the safeguarding of the proper administration of justice, the protection of the environment, and the preservation of national historic and artistic heritage and social and cultural policy objectives; acknowledges the margin of appreciationlegislative sovereignty of Member States in determining the ways to achieve this;
Amendment 79 #
2017/2073(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes that profession-specific regulations pursuing objectives in the public interest aim tomust ensure effective supervision of the lawful practice of the regulated profession, and of its deontological rules where relevant;
Amendment 84 #
2017/2073(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Points out that better comparability of the level of professional qualifications is needed in order to increase the homogeneity of the evidence of formal qualifications across the European Union and to create a more level playing field for young Europeans entering the professions, as well as promotethereby facilitating their mobility;
Amendment 91 #
2017/2073(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Takes note of the fact that the Commission has issued a new restrictiveness indicator, seeking towith the aim of improveing on the existing OECD Product Market Regulation restrictiveness indicator as regards the detailed analysis of the sectors concerned;
Amendment 98 #
2017/2073(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Underlines that this indicator, based solely on numerical data and including merely an analysis of the potential barriers to free movement, is to be used as a purely indicative tool and does not determine automatically whether a possibly stricter regulation in some Member States is disproportionate;
Amendment 101 #
2017/2073(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Recalls that the analysis of the impact of the regulations in Member States should be subject not only to a quantitative but also to a qualitative assessment encompassing the general interest objectives and the quality of the service provided; and the possible benefits for citizens and the labour market arising from regulation, such as the decrease in fraud and the reduction of information asymetries;
Amendment 109 #
2017/2073(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Notes that scientific progress, technological innovation and digitalisation have a considerable impact on professional services, bringing new opportunities for professionals as well asbut also challenges for the labour market and the quality of services, as they necessitate permanent professional training and quicker adaptation to the needs of the market;
Amendment 111 #
2017/2073(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Welcomes the acknowledgement by the Commission of the need to reflect on the impact of new technologies on professional services, especially in the legal and accounting sectors, where red tape could be reduced and procedures accelerated; notes in particular that close attention needs to be paid to the consequent risks of such a transformational change for service recipients, including consumers, of such a transformational changewho must not be excluded from new technologies, but rather helped to exploit them to the full, such as through digital literacy projects; ;
Amendment 15 #
2017/2052(INI)
Draft opinion
Recital C a (new)
Recital C a (new)
C a. whereas some of the proposals for new own resources presented in the final report and recommendations of the High Level Group on Own Resources of December 2016, such as a financial transaction tax, a carbon tax imposed on all sources of greenhouse gas emissions, and a European corporate income tax are worth analysing in a broader context and would also be consistent with both the targets of the 2030 Climate and Energy Framework and the objectives of economic, social and territorial cohesion;
Amendment 22 #
2017/2052(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. States that cohesion policy should remain the EU’s main investment policy, but that more needs to be done to highlight the major role of cohesion policy in achieving some of the EU’s political objectives; underlines, in this regard, that cohesion policy is not supposed to be the solution and the funding instrument for every unforeseen event and that it should not contribute to the establishment of new programmes, such as EFSI or the Structural Reform Support Programme, which are manifestly inconsistent with the rationale and objectives of cohesion policy;
Amendment 30 #
2017/2052(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Asks the European Commission to present the proposal for the new regulation for the European Structural and Investment Funds as soon as possible, so as to enable a proper discussion with the European Parliament and the Council and a timely approval of the new legislative framework;
Amendment 45 #
2017/2052(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Considers that regional funding should be protected and should continue to predominantly take the form of grants rather than financial instruments, which domay, however, have an important role to play in certain cases role to play in specific cases, but which should always undergo both an ex-ante and ex-post analysis; highlights the dangers of financial products such as equity, trust funds and other types of bonds, which have a high-risk profile and are always advertised as having a very high leverage effect; considers that it would be safer and more useful to promote other forms of low-risk instruments, such as easy-term loans, guarantees and forms of crowd funding; stresses that in the event of a reduction in the EU’s budgets, greater focus on the EU’s core goals is required;
Amendment 67 #
2017/2052(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Considers that a 5+5 year MFF period might be preferable, provided that some kind of revision within the five-year period is also provided for;
Amendment 103 #
2017/2052(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls for the Commission to look into the possibilities for greater synergies between thecohesion policy and different EU funds, including cohesion policy,such as Horizon 2020 and EFSI;
Amendment 115 #
2017/2052(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Considers that it is essential, in the context of the new MFF, to ensure not only that budgetary rules, and rules on cohesion policy spending, are at last simplified., but that a proper balance between simplification and controls is ensured;
Amendment 118 #
2017/2052(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Calls for an increase in the budget, and the further revision, of the European Solidarity Fund, especially concerning the maximum threshold of advances (currently capped at EUR 30 million) laid down in article 4a of the Revised EUSF Regulation, in order to effectively and promptly address a greater part of the damages caused by natural disasters;
Amendment 10 #
2017/2044(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that cohesion policy has been characterised by under-implementation during the first years of the 2014-2020 period and that, until 30 June 2017, according to the data provided by Commission's Directorate-General for Budget, there have been only about 60 billion EUR of accumulated payments in the Union for all the European Structural and Investment Funds (the ‘ESI Funds’), with an average accumulated pay rate of 23,72% (and 19,76% in less developed regions); stresses the unacceptable delays in implementing the current programmes; calls on the Commission and Member States to conclude the designation of the respective managing, certifying and auditing authorities and to collaborate actively in order to accelerate implementation;
Amendment 20 #
2017/2044(BUD)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls for greater synergies of European Structural and Investment Funds programmes with European Fund for Strategic Investments (EFSI) and other financial instruments to leverage additional financing, as well asother Union programmes such as Horizon 2020; in that context strongly opposes the European Fund for Strategic Investments (EFSI) extension until 2020, as this latter has proved to be ineffective in reducing the investment gap in the Union, as the results achieved so foar greater complementarities with the other Union programmes; in that context supports the EFSI extension until 2020are insignificant and do not deliver any addition or economic, environmental and social added-value in comparison with the existing European Investment Bank programmes;
Amendment 28 #
2017/2044(BUD)
Draft opinion
Paragraph 6
Paragraph 6
6. Welcomes the fact that the draft 2018 budget incorporates the elements of the mid-term revision package, which will allow greater flexibility; calls on the Commission to continue to focus the Union budget implementation on the results, supports all steps undertaken towards a performance-based approach; points out that the 2018 budget should be implemented in line with the increased potential of the proposed simplificexpresses its concern over the Omnibus package, insofar as the alleged simplification and flexibility contained in its provisions, and namely the possibility of combining EFSI and ESI Funds, may have the potential to endanger the rationale and flexibility within the “Omnibus package”.objectives of the Cohesion Policy;
Amendment 34 #
2017/2044(BUD)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Regrets that the lack of a current effective system of redistribution of migrants causes an unequal load for some Member States, notably Italy and Greece, and that this may endanger the economic, social and territorial cohesion in some areas;recalls, in this regards, that the principle of solidarity should be of paramount importance in the implementation of EU policies;believes that cohesion policy cannot deal alone with this unprecedented challenge and that, accordingly, other budgetary headings should be used;
Amendment 4 #
2017/2040(INI)
Motion for a resolution
Recital B
Recital B
B. whereas macro-regional strategies (MRS) are significant, as they are able to mobilise institutional actors and civil society, and integrate existing resources, towards EU policy goals;
Amendment 47 #
2017/2040(INI)
Motion for a resolution
Paragraph 7 – point 1 (new)
Paragraph 7 – point 1 (new)
(1) Stresses the need for a territorial approach with regard to cooperation activities, pooling the resources of each macro-region on a case-by-case basis;
Amendment 83 #
2017/2040(INI)
Motion for a resolution
Paragraph 16 – point 1 (new)
Paragraph 16 – point 1 (new)
(1) Calls in particular for the macro- region to promote an integrated approach towards migration which provides for a radical change in asylum policy from the point of view of solidarity between Member States and a careful analysis of the overall strategy on cooperation with third countries;
Amendment 84 #
2017/2040(INI)
Motion for a resolution
Paragraph 16 – point 2 (new)
Paragraph 16 – point 2 (new)
(2) Stresses the need - given the close link between this macro-region and coastal activities - to defend the blue economy as one of the solutions to the economic crisis because, if adequately supported by specific training, it promotes the creation of new jobs and, in particular, employment for women and young people in coastal and island countries;
Amendment 85 #
2017/2040(INI)
Motion for a resolution
Paragraph 16 – point 3 (new)
Paragraph 16 – point 3 (new)
(3) Stresses the need, given the serious deficiencies in the infrastructure networks in that macro-region, to develop sustainable intermodality with the aim also of achieving greater social cohesion among the Member States participating in the strategy;
Amendment 86 #
2017/2040(INI)
Motion for a resolution
Paragraph 16 – subparagraph 1 (new)
Paragraph 16 – subparagraph 1 (new)
Calls for greater recognition of the high potential of the renewable energy sources which concern the macro-region and which are currently broadly underused;
Amendment 110 #
2017/2040(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Believes that strategy implementation can only be successful if based on efficient coordination and cooperation structures and backed by adequate funding; highlights the need, in this respect, to seek synergies and complementarities of regional, national funding with EU funding instruments and to align the national and regional operational programmes of the countries involved in the strategies' objectives;
Amendment 121 #
2017/2040(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Proposes that the participating countries make clear commitments in terms of funding and human resources from the outset;
Amendment 128 #
2017/2040(INI)
Motion for a resolution
Paragraph 24 – point 1 (new)
Paragraph 24 – point 1 (new)
(1) Stresses the need for greater involvement in the decision-making process of both stakeholders and local communities, with the aim of ensuring that their specific priorities are adhered to as much as possible, especially those relating to the environment and health;
Amendment 130 #
2017/2040(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls for any questions about the MRS, such as on ownership and the necessary political incentives, to be addressed in an appropriate mannerccordance with a modus operandi that is agreed on in advance by all the regions concerned;
Amendment 146 #
2017/2040(INI)
Motion for a resolution
Paragraph 28 – point d
Paragraph 28 – point d
(d) simplification of the implementation and mainstreaming of funding schemes, in particular the alignment of EU and national funding;
Amendment 2 #
2017/2006(INI)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
- having regard to the European Environment Agency reports No 12/2016 “Urban adaptation to climate change in Europe 2016” and No 1/2017 “Climate change, impacts and vulnerability in Europe 2016”,
Amendment 7 #
2017/2006(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the 7th Environment Action Programme (EAP), which will be guiding European environment policy until 2020, identifies the improvement of the sustainability the Union’s cities as a priority objective, along with the horizontal three key objectives of protecting, conserving and enhancing the Union’s natural capital, of turning the Union into a resource-efficient, green, and competitive low-carbon economy, of safeguarding the Union’s citizens from environment-related pressures and risks to health and wellbeing;
Amendment 8 #
2017/2006(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas, according to the key findings of EEA report No.12/2016, the observed changes in climate are already having wide-ranging impacts on ecosystems, economic sectors and human health and well-being in Europe; whereas, moreover, recent studies show that various observed changes in the environment and society, such as changes in forest species, the establishment of invasive alien species and disease outbreaks, have been caused or enhanced by global climate change;
Amendment 22 #
2017/2006(INI)
Motion for a resolution
Recital E
Recital E
E. whereas more than 70% of the EU population live in cities; whereas, moreover, the EU is responsible for 9% of global emissions, and its cities generate 75% of them;
Amendment 64 #
2017/2006(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Urges the Commission and the Member States to draw up a regulatory framework providing access to financial measures that take account of the specific features and of the long-term value of local energy communities for the energy market, the environment and society, and to promote the role of single prosumers in connection with renewables, with a view to greater self-sufficiency and self- generation;
Amendment 71 #
2017/2006(INI)
11a. Welcomes the introduction of mechanisms such as ex-ante conditionalities and climate-relevant thematic objectives in the 2014-2020 Cohesion Policy Framework-such as TO4 “Supporting the shift towards a low- carbon economy in all sectors”, TO5 “Promoting climate change adaptation, risk prevention and management”, TO6 “Preserving and protecting the environment and promoting resource efficiency”; stresses however, that, in spite of the improved coherence and precision of climate relevant impact and result indicators, these latter are not sufficient to establish the level of Cohesion Policy contribution to delivery of the EU’s overall climate objectives;
Amendment 72 #
2017/2006(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Recalls the commitment to devote at least 20% of the EU 2014-2020 Multiannual Financial Framework to climate change adaptation and mitigation and remarks that climate spending estimates for 2014-2020 cohesion policy in commitment appropriations are about 57 billion euro(37021.4 million from ERDF, 18062.2 from CF, 1133.3 from ESF);
Amendment 73 #
2017/2006(INI)
Motion for a resolution
Paragraph 11 c (new)
Paragraph 11 c (new)
11c. Asks the Commission and the Member States to take into duly consideration the findings of the 2016 European Court of Auditors Special Report no.31 , which warns that there is a serious risk that the 20% target will not be met without more effort to tackle climate change, and which points out that in the European Social Fund, as well as in the areas of agriculture, rural development and fisheries, there has been no significant shift towards climate action and not all potential opportunities for financing climate-related action have been fully explored;
Amendment 79 #
2017/2006(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Recommends that in the future Multi-Annual Financial Framework the mainstreaming of climate objectives should be further improved, for instance by linking cohesion policy investment more closely to Member States’ overall plans to deliver the 2030 target and by ensuring that EU expenditure provides a specific, measurable contribution towards the delivery of the EU targets;
Amendment 89 #
2017/2006(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls on the European Commission to propose a revision of the European Solidarity Fund based on four key points: faster procedure for the mobilisation of the resources, increasing of the total budget, increasing of the amount of the advance (currently capped at EUR 30 million), revision of the eligibility thresholds;
Amendment 103 #
2017/2006(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Highlights the important role played by cross-border cooperation in the action carried out by regions and cities, and reiterates the need to strengthen this tool politically and financially; underlines that a framework for the implementation of joint actions and policy exchanges between national, regional and local actors from different Member States like Interreg is particularly appropriate to tackle climate change and to carry out suitable actions aimed at mitigating its effects; welcomes, in this regard, that 7 of the 15 transnational Interreg programmes across Europe finance strategies, pilot actions, training, tools, to help towns build capacities to lower CO2 emission and mitigate climate change in order to reach EU targets;
Amendment 116 #
2017/2006(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Stresses the importance of the earmarking of at least 5% of the ERDF budget in the support of integrated sustainable urban development strategies addressing economic, environmental, climate, demographical and social challenges; acknowledges the pivotal role of cities as potential actors of radical decarbonisation (e.g. by investing in renewable energies, in green technology hubs) and as first beneficiaries of climate actions (e.g. reduced air pollution from green transport infrastructures, reduction of heat waves and of flood risks);
Amendment 142 #
2017/2006(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Calls on the European Commission to propose that, in the post - 2020 Cohesion policy framework, delivery of emission reductions (along with other actions such as reclamation works or activities aimed at regenerating and decontaminating brownfield sites) should be a key element in the assessment of performance of Operational Programmes: stresses, moreover, that, in order to deliver the longer term objectives of the Paris Agreement, a greater coherence of investment with a long-term decarbonisation trajectory for the Region/Member State/EU market as a whole is needed;
Amendment 46 #
2017/2003(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Agrees that the collaborative economy could also generate new entrepreneurial opportunities, jobs and gprowth,sperity, and likewise open up new employment opportunities for those who are unemployed or economically inactive and, moreover, serve as a point of entry to the labour market for many young people struggling to find a first job; considers in addition that the collaborative economy could help to attract new categories of users and could play an important role in making the economic system not only more efficient, but also socially and environmentally sustainable;
Amendment 94 #
2017/2003(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Emphasises the need to consider the collaborative economy not only as a business model but also as a new form of integration between the economy and society which is able to embed economic relations within social ones and to create new forms of community; notes that services offered within the collaborative economy are based on a wide variety of relations, including for example offerings free of charge, exchange in the true sense, repayment of costs incurred, and profit- making activity;
Amendment 139 #
2017/2003(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. WelcomUrges the Commission’s intent to tackle the current fragmentation, but regrets that its communication did not bring sufficient clarity about the applicability of existing EU legislation to different collaborative economy models;
Amendment 143 #
2017/2003(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Believes that there are no universal criteria for classifying services provided through collaborative platforms and that it is necessary to proceed on the basis of analyses allowing for the specific features of the sector concerned and of the territory on which the services are to be provided; points to the importance, however, of distinguishing between professional and peer-to-peer services; considers that this distinction should, as a general rule, take several factors into account, including the frequency of the service, the reason for providing the service, and the level of revenue generated by the service provider; takes the view that, for example, a service provided on a frequent basis, for a reward rather than against payment to compensate for the costs incurred, and capable of generating revenue levels exceeding the thresholds laid down by national or local authorities can be considered a professional activity; also takes the view that if an online platform controls the supply of services offered by providers on the platform and sets terms and conditions entailing an obligation to perform those services, for instance in the form of choices as to when and how often a provider has to perform the services offered on the platform, the activity in question should be considered to be of a professional nature;
Amendment 150 #
2017/2003(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Agrees that market access requirements for collaborative platforms and service providers must be necessary, justified and proportionate, and that this assessment should be dependent on whether services are provided by professional or private individuals, making peer provider and also allow for the distinction between professional and peer-to-peer services, making peer-to-peer services subject to lighter legal requirements appropriate to the circumstances;
Amendment 161 #
2017/2003(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. UNotes that there is now a tendency in many Member States to set thresholds serving to distinguish professional services from peer-to-peer services and hopes that such thresholds, instead of being rigid, will allow for the characteristics of the sectors in which professional services are provided and for the social and economic situation in the territory concerned; urges the Commission, in addtiion, to provide further guidelines to Member States with a view to laying down effective criteria for distinguishing between peers and professionals, which is crucial for the fair development of the collaborative economy;
Amendment 168 #
2017/2003(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Draws attention, at the same time, to the risk that establishing thresholdsthe rules applicable may create a disparity between micro and small businesses on the one side, and peers on the other; calls therefore for the legislation applicable to professional service providers to be revised in order to level the playing field among comparable categories of service providers and to remove unnecessary regulatory burdens;
Amendment 176 #
2017/2003(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Believes that consumers should enjoy a high and effective level of protection, regardless of whether services are provided by professionals or peers; highlights, in particular, the importance of protecting consumers in peer-to-peer transactions; welcomes the Commission’s initiative to ensure the adequacy of consumer law and preventing abuse of the collaborative economy; points to the need for greater clarity regarding safeguards for consumers in the event of disputes;
Amendment 202 #
2017/2003(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commission to clarify the collaborative platforms liability regime, which could and also to make it clear whether platforms operating in sectors in which there are risks to users' safety should be required to ensure that service providers receive proper training, so as to enhance responsible behaviour and increase user confidence;
Amendment 221 #
2017/2003(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Believes that any new regulation should leverage platforms’ self-governing capacities; is convinced that collaborative platforms themselves could take an active role in such a new regulatory environment by correcting many asymmetric information and other market failures which have been traditionally addressed through regulation, especially by digital trust-building mechanisms; welcomes the efforts of many platforms to avert distortions in the arrangements for reviewing the services offered and calls on all platforms to endeavour to ensure that user reviews are truthful and manipulations curtailed;
Amendment 225 #
2017/2003(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Expresses concern at the numerous cases of fraud that are continuing to occur within the collaborative economy; calls on platforms, therefore, to ensure that the necessary systems are in place to monitor online payments so as to minimise fraud risks and to provide for complaint procedures in order to increase consumer confidence;
Amendment 242 #
2017/2003(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Points out the crucial importance of clarifying methods by which decisions based on algorithms are taken and of guaranteeing algorithm fairness; emphasises the need to verify the potential harm to privacy caused by big data, to assess the impact of data on different segments of society and to prevent discrimination; expresses disquiet at the fact that in some cases data collected by platforms contain sensitive information about service providers and users, such as their whereabouts or credit card details; calls on platforms, therefore, to supply transparent information to service providers and users about the personal data collected and the way in which those data are processed and to ensure that service providers and users are able to give their explicit consent to the processing of personal data; calls on the Commission to lay down effective criteria for developing algorithm accountability principles for information-based collaborative platforms;
Amendment 250 #
2017/2003(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Is convinced that a flexible common EU horizontal and harmonised regulatory frameworkregulatory framework that can be adapted to local contexts, consisting of a combination of general principles and specific rules, needs to be developed, in addition to any sector- specific regulation that might be needed;
Amendment 274 #
2017/2003(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Stresses, further, the urgent need for collaboration between the competent authorities and collaborative platforms onfor the purpose of determining the role which collaborative platforms must play in order to ensure tax compliance and collection, and asks for the latterplatforms to play an active role;
Amendment 276 #
2017/2003(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Calls on sharing platforms to increase the degree of transparency regarding the commission rates charged for services provided, so as to enhance consumer confidence;
Amendment 281 #
2017/2003(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Encourages the Member States to agree on a uniform set of information that businesses and professional service operators must disclose to tax authorities in the framework of their tax information duties;
Amendment 285 #
2017/2003(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Agrees that functionally similar tax obligations should be applied to businesses providing comparable services, whether in the traditional economy or in the sharing economy, and is convinced that taxeprofits should be paid wheretaxed in the Member State where the economic activity takes place and profits are generated;
Amendment 290 #
2017/2003(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30a. Maintains that the continuing harmful or non-transparent tax practices of jurisdictions that function as tax havens are severely undermining competition within the collaborative economy as well and are particularly damaging to players seeking to enter the market; calls therefore on the Commission and the Member States to combat tax avoidance, evasion, and fraud, aggressive tax planning, and tax havens when dealing with the collaborative economy;
Amendment 340 #
2017/2003(INI)
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
35a. Urges platforms to play an active role in cooperation with local authorities; hopes in particular that platforms will assume a leading role in creating smart cities and easing the transition to more efficient citizen-friendly infrastructure;
Amendment 350 #
2017/2003(INI)
Motion for a resolution
Paragraph 36 a (new)
Paragraph 36 a (new)
36a. Welcomes the determination of national and local authorities to play an active role in developing collaborative systems, including actions aimed at promoting and disseminating services of general interest with a view to strengthening the local social fabric and encouraging the emergence of web applications and other business ideas;
Amendment 179 #
2017/0354(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Where a competent authority of a Member State has reasonable doubts as regards goods which the economic operator claims are lawfully marketed in another Member State, the competent authority shall contact the competent authority of the other Member State and the relevant economic operator without delay and shall carry out an assessment of the goods.
Amendment 214 #
2017/0354(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. This Article applies if an economic operator affected by an administrative decision has submitted the decision to the Internal Market Problem Solving Network (SOLVIT) and, during the SOLVIT procedure, the Home Centre, the Lead Centre or the economic operator asks the Commission to give an opinion to assist in solving the case, after the economic operator affected has been informed by SOLVIT whether or not the case falls within its remit.
Amendment 219 #
2017/0354(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The Commission shall, within three monthen weeks of receipt of the request referred to in paragraph 1, enter into communication with the relevant economic operator or operators and the competent authorities who took the administrative decision in order to assess the compatibility of the administrative decision with the principle of mutual recognition and this Regulation.
Amendment 229 #
2017/0354(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Following completion of its assessmentWithin two months of receipt of the request referred to in paragraph 1, the Commission mayshall issue an opinion identifying concerns that should, in its view, be addressed in the SOLVIT case and, where appropriate, making recommendations to assist in solving the case.
Amendment 235 #
2017/0354(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. The Commission's opinion shall be sent to the supervisory authorities and all interested parties, in accordance with the procedure laid down in Article 11 and in compliance with Regulation 765/2008, and considered during the SOLVIT procedure referred to in paragraph 1.
Amendment 251 #
2017/0354(COD)
1. The Union mayshall finance the following activities in support of this Regulation:
Amendment 138 #
2017/0353(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) This Regulation should cover products that are subject to the Union harmonisation legislation listed in the Annex. The legislation listed in the Annex should cover all Union harmonisation legislation concerning manufactured products other than food, feed, medicinal products for human and veterinary use, living plants and animals, products of human origin and products of plants and animals relating directly to their future reproduction. This will ensure a uniform framework for market surveillance of those products at Union level. Several instruments of Union harmonisation legislation on products need to be amended in consequence, in particular to remove references to certain provisions of Regulation (EC) No 765/2008. If new Union harmonisation legislation is adopted in the future, it will be for that legislation to provide whether this Regulation is also to apply to that legislationall products marketed in the Union. This will ensure a uniform framework for market surveillance of those products at Union level.
Amendment 153 #
2017/0353(COD)
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) Ensuring product identification and traceability throughout the entire supply chain will help to identify economic operators and to take effective corrective measures against unsafe products, such as targeted recalls. Product identification and traceability will thus ensure that consumers and economic operators obtain accurate information regarding unsafe products, which will enhance confidence in the market and avoid disrupting trade unnecessarily. Products should therefore bear information enabling them, their manufacturer and, where applicable, their importer to be identified. Manufacturers should also produce technical documentation regarding their products, for which they may choose the most appropriate and cost-efficient form, for example electronic form. Moreover, economic operators must be able to identify the operators who supplied them with a product and those to whom one of their products has been supplied.
Amendment 154 #
2017/0353(COD)
Proposal for a regulation
Recital 14 b (new)
Recital 14 b (new)
(14b) The indication of origin is additional to the basic traceability requirements concerning the name and address of the manufacturer. In particular, the indication of the country of origin helps to identify the actual place of manufacture if the manufacturer cannot be traced or if the address supplied is different from that of the actual place of manufacture. This information can facilitate the task of the market surveillance authorities in identifying the actual place of manufacture and makes it possible to contact the authorities of the country of origin in the framework of bilateral or multilateral cooperation on consumer product safety with a view to appropriate subsequent monitoring.
Amendment 174 #
2017/0353(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation lays down rules and procedures for the provision of compliance information about certain products that are the subject of Union acts harmonising the conditions for the marketing of those productson the compliance of products marketed in the European Union. It establishes a framework for cooperation with economic operators in relation to such products.
Amendment 178 #
2017/0353(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
It is intended to ensure that only safe and compliant products are placed on the market and also provides a framework for the market surveillance of such products to ensure that those products fulfil requirements providing a high level of protection of public interests such as health and safety in general, health and safety in the workplace, the protection of consumers, protection of the environment and security.
Amendment 182 #
2017/0353(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation applies to all products that are subject to the Union harmonisation legislation set out in the Annex to this Regulation (‘Union harmonisation legislation’)marketed in the European Union.
Amendment 225 #
2017/0353(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. The identity and contact details of the manufacturer and the person responsible for compliance information with respect to the product shall be indicated on or identifiable from information indicated on the product, its packaging, the parcel or an accompanying document.
Amendment 231 #
2017/0353(COD)
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4a Traceability of products 1. The Commission may stipulate that economic operators should establish, or join, a traceability system for certain products, product groups and product categories they have placed on the market or made available there which may pose a serious risk to the safety and health of persons due to their specific characteristics or specific conditions of distribution or use. 2. The traceability system shall entail the collection and storage of electronic data enabling a product and the economic operators in the supply chain to be identified, as well as the placing on the product, its packaging or its accompanying documents of a unique barcode, hologram, chip or other data carrier enabling access to that data.
Amendment 234 #
2017/0353(COD)
Proposal for a regulation
Article 4 b (new)
Article 4 b (new)
Article 4b Indication of origin 1. Manufacturers and importers shall ensure that products bear an indication of the country of origin of the product or, where the size or nature of the product does not allow it, that indication is to be provided on the packaging or in a document accompanying the product. 2. For the purpose of identifying the country of origin referred to in paragraph 1, the non-preferential origin rules set out in Articles 60 to 63 of Regulation (EEC) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code shall apply. 3. Where the country of origin referred to in paragraph 2 is a Member State of the Union, manufacturers and importers may refer to the Union or to a particular Member State.
Amendment 249 #
2017/0353(COD)
Proposal for a regulation
Article 7
Article 7
Amendment 274 #
2017/0353(COD)
Proposal for a regulation
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3a. Consumers must be informed, through an online portal, of rights relating to non-compliant products which they have acquired, such as the right to obtain a replacement for a product or to receive compensation, the right of recourse and contacts from which all appropriate information can be obtained.
Amendment 280 #
2017/0353(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
(b) procedures for monitoring any accidents or any harm to the health or safety of end-users which are suspected of having been caused by such products. The data collected on such accidents or harm should be stored in a European database developed by the Commission;
Amendment 293 #
2017/0353(COD)
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Member States shall ensure that their market surveillance authorities and single liaison office have the necessary resources, including sufficient budgetary and other resources, such as staffing resources, expertise, procedures and other arrangements for the proper performance of their duties.
Amendment 305 #
2017/0353(COD)
Proposal for a regulation
Article 12 – paragraph 2 – introductory part
Article 12 – paragraph 2 – introductory part
2. Market surveillance authorities shall perform controls as part of their activities set out in paragraph 1, on a risk- based approach, taking into account the precautionary principle and, as a minimum, the following factors:
Amendment 341 #
2017/0353(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Each Member State shall draw up a national market surveillance strategy, as a minimum, every 3 years. The strategy shall promote a consistent, comprehensive and integrated approach to market surveillance and enforcement of Union harmonisation legislation within the territory of the Member State, including market surveillance of products sold on line, and shall include all sectors and stages of the product supply chain, including imports and digital supply chains.
Amendment 346 #
2017/0353(COD)
Proposal for a regulation
Article 13 – paragraph 2 – point b a (new)
Article 13 – paragraph 2 – point b a (new)
(ba) the sectors prioritised for the surveillance of products sold online, such as training of staff in online investigations, the establishment of contact points for cooperation with the largest sales platforms and social media, and cooperation with providers of services in return for payment;
Amendment 354 #
2017/0353(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States shall confer on their market surveillance authorities the powers of market surveillance, including the market surveillance of products sold online, investigation and enforcement necessary for the application of this Regulation and for the application of the Union harmonisation legislation set out in the Annex to this Regulation.
Amendment 375 #
2017/0353(COD)
Proposal for a regulation
Article 14 – paragraph 3 – point g
Article 14 – paragraph 3 – point g
(g) the power to purchase products as test purchases, including on line and under a cover identity, in order to detect non- compliance and obtain evidence;
Amendment 400 #
2017/0353(COD)
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1
Article 15 – paragraph 1 – subparagraph 1
Market surveillance authorities shall perform appropriate checks on the characteristics of products on an adequate scale, by means of documentary checks and, where appropriate, physical and laboratory controls on the basis of a representative sample that takes due account of the priorities set by the Union Product Compliance Network .
Amendment 420 #
2017/0353(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Market surveillance authorities shall take measures without delay to recall or withdraw products which present a serious risk or to prohibit the making available of them on the market. They shall inform the Commission of such measures without delay, in accordance with Article 19.
Amendment 447 #
2017/0353(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. At the request of an applicant authority, the requested authority shall supply within 30 days any information that the requested authority deems relevant to establish whether a product is non- compliant and to ensure that the non- compliance can be brought to an end.
Amendment 451 #
2017/0353(COD)
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
Amendment 453 #
2017/0353(COD)
Proposal for a regulation
Article 22 – paragraph 5
Article 22 – paragraph 5
Amendment 470 #
2017/0353(COD)
Proposal for a regulation
Article 26 – paragraph 1 – subparagraph 2 a (new)
Article 26 – paragraph 1 – subparagraph 2 a (new)
The Commission must ensure that the number of checks carried out and the checking techniques used in the Union are uniform at every customs office.
Amendment 472 #
2017/0353(COD)
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
3. Products subject to Union harmonisation legislation that are to be placed under the customs procedure ‘release for free circulation’ shall be subject to controls performed by the authorities designated under paragraph 1. They shall perform those controls in a uniform manner at every point of entry into the Union on the basis of risk analysis in accordance with Articles 46 and 47 of Regulation (EU) No 952/2013.
Amendment 477 #
2017/0353(COD)
Proposal for a regulation
Article 26 – paragraph 7 – subparagraph 1 – point a a (new)
Article 26 – paragraph 7 – subparagraph 1 – point a a (new)
(aa) type of check carried out;
Amendment 479 #
2017/0353(COD)
Proposal for a regulation
Article 26 – paragraph 7 – subparagraph 2
Article 26 – paragraph 7 – subparagraph 2
The Commission shall draw up a report each year by 30 June, containing the information submitted by the Member States for the previous calendar year, including a comparative analysis of customs operations and enforcement procedures in force in the Member States. The report shall be published in the system referred to in Article 34.
Amendment 486 #
2017/0353(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point d
Article 27 – paragraph 1 – point d
(d) the identityname, registered trade name or registered trade mark and the contact details, including the postal address, of a person responsible for compliance information with respect to the product is not indicated or identifiable in accordance with Article 4(5);
Amendment 502 #
2017/0353(COD)
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. Market surveillance authorities and the customs authorities shall exchange information on the type of customs checks performed, the status of the authorised economic operators and their record of compliance related to product safety. The information exchanged shall also be communicated, where appropriate, to the European Anti-Fraud Office (OLAF).
Amendment 514 #
2017/0353(COD)
Proposal for a regulation
Article 32 – paragraph 5
Article 32 – paragraph 5
5. The Commission mayust attend the meetings of the administrative coordination groups.
Amendment 515 #
2017/0353(COD)
Proposal for a regulation
Article 32 – paragraph 5 a (new)
Article 32 – paragraph 5 a (new)
5a. The Commission shall ensure that requirements relating to cooperation between surveillance authorities are complied with and that authorities take account of reports from stakeholders concerning cases of non- compliance.
Amendment 525 #
2017/0353(COD)
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. The Commission shall develop and maintain an information and communication system for the collection and storage of information, in a structured form, on issues relating to the enforcement of Union harmonisation legislation. The Commission, single liaison offices, and authorities designated in accordance with Article 26(1) shall have access to that system. The results of market surveillance checks, including detailed information on non-compliant products, the economic operators responsible and the penalties imposed, shall be published in a European database developed by the Commission.
Amendment 549 #
2017/0353(COD)
Proposal for a regulation
Article 61 – paragraph 2 – point a
Article 61 – paragraph 2 – point a
Amendment 560 #
2017/0353(COD)
Proposal for a regulation
Article 62 – paragraph 1
Article 62 – paragraph 1
By [31 December 2024] and every fivthree years thereafter, the Commission shall shall carry out an evaluation of this Regulation against the objectives it pursues and present a report on the main findings to the European Parliament, to the Council and to the European Economic and Social Committee..
Amendment 563 #
2017/0353(COD)
Proposal for a regulation
Article 62 – paragraph 2
Article 62 – paragraph 2
The report shall assess whether this Regulation achieved its objectives, in particular with regard to reducing the number of non-compliant products on the Union market, ensuring effective and efficient enforcement of Union harmonisation legislation within the Union, improving cooperation between competent authorities and strengthening the controls on products entering the Union market, whilst taking into account the impact on business and in particular on small and medium-sized enterprises. In addition, the evaluation should also assess the effectiveness of the market surveillance activities that receive Union financing in the light of the requirements of Union policies and legislation and the ability to ensure a high level of compliance and safety of related products and of products with integrated artificial intelligence systems.
Amendment 717 #
2017/0332(COD)
Proposal for a directive
Annex I – part B – table – rows 29 and 30
Annex I – part B – table – rows 29 and 30
PFAS 0,101 μg/l 'PFAS' means each individual per- and polyfluoroalkyl substance (chemical formula: CnF2n+1−R). PFASs - Total 0,505 μg/l 'PFASs Total' means the sum of per- and polyfluoroalkyl substances (chemical formula: CnF2n+1−R).
Amendment 756 #
Amendment 75 #
2017/0228(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Under Regulation (EU) 2016/679, Member States may neither restrict nor prohibit the free movement of personal data within the Union for reasons connected with the protection of natural persons with regard to the processing of personal data. This Regulation establishes the same principle of free movement within the Union for non-personal data except when a restriction or a prohibition would be justified for security reasons. Where there are mixed data sets, this Regulation should apply to the non- personal data part of the set. If it is not possible to draw a clear distinction between personal data and non-personal data within the data set, Regulation (EU) 2016/679 and Regulation 2017/0003 (COD) should apply.
Amendment 118 #
2017/0228(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) In order to take full advantage of the competitive environment, professional users should be able to make informed choices and easily compare the individual components of various data storage or other processing services offered in the internal market, including as to the contractual conditions of porting data upon the termination of a contract. Those conditions should comply with the General Data Protection Regulation (GDPR), in particular with the provisions set out in Article 20 and recital 68. In order to align with the innovation potential of the market and to take into account the experience and expertise of the providers and professional users of data storage or other processing services, the detailed information and operational requirements for data porting should be defined by market players through self-regulation, encouraged and facilitated by the Commission, in the form of Union codes of conduct which may entail model contract terms. Nonetheless, if such codes of conduct are not put in place and effectively implemented within a reasonable period of time, the Commission should review the situation.
Amendment 123 #
2017/0228(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) Security requirements set at national level should be necessary and proportionate to the risks posed to the security of data storage or other processing in the area in scope of the national law in which these requirements are set. In addition, intellectual property rights, trade secrets and the right of companies to protect their knowledge should be fully respected.
Amendment 139 #
2017/0228(COD)
Proposal for a regulation
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1a. Where there are mixed data sets, this Regulation shall apply to the non- personal data part of the set. If it is not possible to draw a clear distinction between personal data and non-personal data within the data set, Regulation (EU) 2016/679 and Regulation 2017/0003 (COD) shall apply.
Amendment 149 #
2017/0228(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1 a (new)
Article 3 – paragraph 1 – point 1 a (new)
1a. ‘mixed data set’ means a set of data which consists of both personal and non-personal data;
Amendment 157 #
2017/0228(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 7
Article 3 – paragraph 1 – point 7
7. ‘user' means a natural or legal person, including a public sector entity, using or requesting a data storage or other processing service; for purposes related to his, her or its trade, business, craft, profession or task.
Amendment 160 #
2017/0228(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 8
Article 3 – paragraph 1 – point 8
Amendment 175 #
2017/0228(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. Member States shall inform the Commission of the address of their single information point referred to in paragraph 4. The Commission shall publish the links to such points on its website. The information provided by the Commission shall be available in all of the official languages of the Union.
Amendment 180 #
2017/0228(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Where a competent authority has exhausted all applicable meanfails to obtain access to the data, it may request the assistance of a competent authority in another Member State in accordance with the procedure laid down in Article 7, and the requested competent authority shall provide assistance in accordance with theat procedure laid down in Article 7, unless it would be contrary to the public order of the requested Member State.
Amendment 187 #
2017/0228(COD)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. The Commission shall encourage and facilitate the development of self- regulatory codes of conduct at Union level, in order to promote data interoperability through high-quality open standard formats and to define guidelines on best practices in facilitating the switching of providers and to ensure that they provide professional users with sufficiently detailed, clear and transparent information before a contract for data storage and processing is concluded, as regards the following issues. Users shall have the right to receive, in a structured, commonly used and machine-readable format, personal data that concern them and that have been provided to a controller, and shall have the right to transmit those data to another controller without hindrance from the controller, in accordance with Article 20 of the General Data Protection Regulation. To be effective, the codes of conduct should include numerous issues and should be constantly updated owing to technological developments in the sector. Among the issues to be considered, indicatively, at least at the initial stage, are:
Amendment 211 #
2017/0228(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The Commission, through an impact assessment, shall review the development and effective implementation of such codes of conduct and the effective provision of information by providers no later than two years after the start of application of this Regulation. On the basis of that assessment, it shall consider the option of making those codes binding.
Amendment 217 #
2017/0228(COD)
Proposal for a regulation
Article 7 – paragraph 6 a (new)
Article 7 – paragraph 6 a (new)
6a. The single points of contact shall provide users with general information on the provisions of this Regulation, in particular on the drawing up of codes of conduct as defined in Article 6.
Amendment 115 #
2017/0225(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) The Agency should assist the Member States and Union institutions, bodies, offices and agencies in their efforts to build and enhance capabilities and preparedness to prevent, detect and respond to cybersecurity problems and incidents and in relation to the security of network and information systems. In particular, the Agency should support the development and enhancement of national CSIRTs, with a view of achieving a high common level of their maturity in the Union. The Agency should also assist with the development and update of Union and Member States strategies on the security of network and information systems, in particular on cybersecurity, promote their dissemination and track progress of their implementation. TMoreover, the Agency should assist and advise Members States and Union institutions in establishing transparent policies and practices for the management and coordinated disclosure of vulnerabilities in ICT products, processes, services and systems that are not publicly known, including the establishment of a government vulnerability disclosure review process and coordinated vulnerability disclosure policies. Finally, the Agency should also offer trainings and training material to public bodies, and where appropriate "train the trainers" with a view to assisting Member States in developing their own training capabilities.
Amendment 127 #
2017/0225(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) The Agency should contribute towards raising the awareness of the public about risks related to cybersecurity and provide guidance on good practices for individual users aimed at citizens and organisations. The Agency should also contribute to promote best practices and solutions at the level of individuals and organisations by collecting and analysing publicly available information regarding significant incidents, and by compiling reports with a view to providing guidance to businesses and citizens and improving the overall level of preparedness and resilience. The Agency should furthermore organise, in cooperation with the Member States and the Union institutions, bodies, offices and agencies regular outreach and public education campaigns directed to end-users, aiming at promoting safer individual online behaviour and raising awareness of potential threats in cyberspace, including cybercrimes such as phishing attacks, botnets, financial and banking fraud, as well as promoting basic authentication and data protection advice. The Agency should play a central role in accelerating end-user awareness on security of devices and ICT products, processes, services and systems complying with the principle of security by design and by default, while provide end-users guidance on the best cyber hygiene practices also through awareness raising campaigns.
Amendment 138 #
2017/0225(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) The Agency should encourage Member States, manufacturers and service providers to raise their general security standards so that all internet users canof their ICT products, processes, services and systems which should comply with basic security obligations in line with the principle of security by design and by default, so that all internet users can be secured and incentivised to take the necessary steps to ensure their own personal cybersecurity. In particular, service providers and product manufacturers should recall, withdraw or recycle products and services that do not meet basic cybersecurity standardobligations, while importers and distributors should make sure that ICT products, processes, services and systems they place on the EU market comply with the applicable requirements and do not present a risk to European consumers. In cooperation with competent authorities, ENISA may disseminate information regarding the level of cybersecurity of the products and services offered in the internal market, and issue warnings targeting providers and, manufacturers and requiring them to improve the security, including cybersecurity, of their products and service, processes, services and systems.
Amendment 147 #
2017/0225(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) The smooth functioning of the Agency requires that its Executive Director be appointed on grounds of merit and documented administrative and managerial skills, as well as competence and experience relevant for cybersecurity, and that the duties of the Executive Director be carried out with complete independence. The Executive Director should prepare a proposal for the Agency’s work programme, after prior consultation with the Commission, and take all necessary steps to ensure the proper execution of the work programme of the Agency. The Executive Director should prepare an annual report to be submitted to the Management Board, draw up a draft statement of estimates of revenue and expenditure for the Agency, and implement the budget. Furthermore, the Executive Director should have the option of setting up ad hoc Working Groups to address specific matters, in particular of a scientific, technical, legal or socioeconomic nature. The Executive Director should ensure that the ad hoc Working Groups’ members are selected according to the highest standards of expertise, taking due account of a representative and gender balance, as appropriate according to the specific issues in question, between the public administrations of the Member States, the Union institutions and the private sector, including industry, users, and academic experts in network and information security.
Amendment 153 #
2017/0225(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) The Agency should have a Permanent Stakeholders’ Group as an advisory body, to ensure regular dialogue with the private sector, civil society and consumers’ organisations and other relevant stakeholders. The Permanent Stakeholders’ Group, set up by the Management Board on a proposal by the Executive Director, should focus on issues relevant to stakeholders and bring them to the attention of the Agency. The composition of the Permanent Stakeholders Group and the tasks assigned to this Group, to be consulted in particular regarding the draft Work Programme, should ensure sufficient representation of stakeholders in the work of the Agency and gender balance should be pursued.
Amendment 174 #
2017/0225(COD)
Proposal for a regulation
Recital 55
Recital 55
(55) The purpose of European cybersecurity certification schemes should be to ensure that ICT products and services certified under such a scheme comply with specified requirementscybersecurity requirements defined on a risk assessment checklist developed by ENISA. Such requirements concern the ability to resist, at a given level of assurance, actions that aim to compromise the availability, authenticity, integrity and confidentiality of stored or transmitted or processed data or the related functions of or services offered by, or accessible via those products, processes, services and systems within the meaning of this Regulation. It is not possible to set out in detail in this Regulation the cybersecurity requirements relating to all ICT products and services. ICT products and services and related cybersecurity needs are so diverse that it is very difficult to come up with general cybersecurity requirements valid across the board. It is, therefore necessary to adopt a broad and general notion of cybersecurity for the purpose of certification, complemented by a set of specific cybersecurity objectives that need to be taken into account when designing European cybersecurity certification schemes. The modalities with which such objectives will be achieved in specific ICT products and services should then be further specified in detail at the level of the individual certification scheme adopted by the Commission, for example by reference to standards or technical specifications.
Amendment 175 #
2017/0225(COD)
Proposal for a regulation
Recital 56
Recital 56
(56) The Commission should be empowered to request ENISA to prepare candidate schemes for specific ICT products or services on the basis of justified grounds (i.e. fragmentation of the internal market, need to support specific Union legislation or consensual request from Members States, the European Cybersecurity Certification group and the Permanent Stakeholder Group) . The Commission, based on the candidate scheme proposed by ENISA, should then be empowered to adopt the European cybersecurity certification scheme by means of implementing acts. Taking account of the general purpose and security objectives identified in this Regulation, European cybersecurity certification schemes adopted by the Commission should specify a minimum set of elements concerning the subject-matter, the scope and functioning of the individual scheme. These should include among others the scope and object of the cybersecurity certification, including the categories of ICT products and services covered, the detailed specification of the cybersecurity requirements, for example by reference to standards or technical specifications, the specific evaluation criteria and evaluation methods, as well as the intended level of assurance: basic, substantial and/or high.
Amendment 180 #
2017/0225(COD)
Proposal for a regulation
Recital 57
Recital 57
(57) Recourse to European cybersecurity certification should remain voluntary, unless otherwise provided in Union or national legislation. However, wthe present Regulation or other Union and national legislation. European cybersecurity certification should for instance be mandatory for ICT product, processes, services and systems with high inherent risk intended for use by operators of essential services, by children, at home, in connected cars and medical devices, among others. With a view to achieving the objectives of this Regulation and avoiding the fragmentation of the internal market, national cybersecurity certification schemes or procedures for the ICT products and services covered by a European cybersecurity certification scheme should cease to produce effects from the date established by the Commission by means of the implementing act. Moreover, Member States should not introduce new national certification schemes providing cybersecurity certification schemes for ICT products and services already covered by an existing European cybersecurity certification scheme.
Amendment 198 #
2017/0225(COD)
Proposal for a regulation
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
With a view to ensuring the proper functioning of the internal market while aiming at a high level of cybersecurity, cyber resilience resilience, cybersecurity and trust within the Union, this Regulation:
Amendment 199 #
2017/0225(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) lays down the objectives, tasks and organisational aspects of ENISA, the "EU Cybersecurity resilience Agency", hereinafter ‘the Agency’; and (This amendment applies throughout the text and its adoption will entail corresponding change throughout.)
Amendment 201 #
2017/0225(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) lays down a framework for the establishment of European cybersecurity certification schemes for the purpose of ensuring an adequate level of cybersecurity of ICT products and service, processes, services and systems in the Union. Such framework shall apply without prejudice to specific provisions regarding voluntary or mandatory certification in other Union acts. (This amendment applies throughout the text and its adoption will entail corresponding change throughout.)
Amendment 210 #
2017/0225(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 a (new)
Article 2 – paragraph 1 – point 5 a (new)
(5 a) “national certification supervisory authority” means an authority of a Member State responsible for carrying out monitoring, enforcement and supervisory tasks in relation to IT security certification on its territory;
Amendment 230 #
2017/0225(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 11
Article 2 – paragraph 1 – point 11
(11) ‘ICT product and service’ mean, process, service and system’ means a product, service, process, system or a combination thereof that it is any element or group of elements of network and information systems; (This amendment applies throughout the text and its adoption will entail corresponding changes throughout.)
Amendment 238 #
Amendment 239 #
2017/0225(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The Agency shall undertake the tasks assigned to it by this Regulation for the purpose of contributachieving to a high level of cyber resilience and in particular cybersecurity within the Union.
Amendment 243 #
2017/0225(COD)
Proposal for a regulation
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3 a. The agency shall assist Member States and Union institutions in establishing transparent policies and practices for the responsible management and coordinated disclosure of vulnerabilities in ICT products, processes, services and systems that are not publicly known.
Amendment 250 #
2017/0225(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. The Agency shall promote cooperation and coordination at Union level among Member States, Union institutions, agencies and bodies, and relevant stakeholders, including civil society organisations, including consumers’ organisations and the private sector, on matters related to cybersecurity.
Amendment 265 #
2017/0225(COD)
Proposal for a regulation
Article 4 – paragraph 7
Article 4 – paragraph 7
7. The Agency shall promote a high level of awareness of citizens and businesses on issues related to the cybersecurity and provide guidance on improving their cyber resilience.
Amendment 270 #
2017/0225(COD)
Proposal for a regulation
Article 4 – paragraph 7 a (new)
Article 4 – paragraph 7 a (new)
7 a. The agency shall advise and assist Member States and the Union institutions in establishing policies and practices for the responsible management and coordinated disclosure of vulnerabilities in ICT products, processes, services and systems that are not publicly known, including in particular the establishment of government vulnerability disclosure review processes and coordinated vulnerability disclosure policies.
Amendment 278 #
2017/0225(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 2 a (new)
Article 5 – paragraph 1 – point 2 a (new)
2 a. assisting and advising Member States and the Union institutions in establishing policies and practices for the responsible management and coordinated disclosure of vulnerabilities in ICT products, processes, services and systems that are not publicly known, including in particular the establishment of government vulnerability disclosure review processes and coordinated vulnerability disclosure policies.
Amendment 279 #
2017/0225(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 2 b (new)
Article 5 – paragraph 1 – point 2 b (new)
2 b. proposing policies aimed at ensuring ICT manufacturers, service providers, importers and distributors act with due diligence regarding the timely fixing of IT security vulnerabilities in their products, processes and services in order to avoid unduly exposing their users to cybercrime;
Amendment 287 #
2017/0225(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 5 – point c a (new)
Article 5 – paragraph 1 – point 5 – point c a (new)
(c a) the state of the implementation of coordinated vulnerability disclosure review process by Member States and Union Institutions.
Amendment 290 #
2017/0225(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point g
Article 6 – paragraph 1 – point g
(g) the Member States by organising regularly and at least a yearly large-scale cybersecurity exercises at the Union level referred to in Article 7(6) and by making policy recommendations based on the evaluation process of the exercises and lessons learned from them;
Amendment 291 #
2017/0225(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point i a (new)
Article 6 – paragraph 1 – point i a (new)
(i a) Member States and Union institutions in establishing coordinated vulnerability disclosure policies and government vulnerability disclosure review processes which are transparent and subject to independent assessment.
Amendment 312 #
2017/0225(COD)
Proposal for a regulation
Article 7 – paragraph 8 – point e a (new)
Article 7 – paragraph 8 – point e a (new)
(e a) assisting Member States on establishing and implementing coordinated vulnerability disclosure policies and government vulnerability disclosure review processes.
Amendment 336 #
2017/0225(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point a a (new)
Article 8 – paragraph 1 – point a a (new)
(a a) support and promote the development and the implementation of coordinated vulnerability disclosure policies and government vulnerability disclosure review processes, including regard the vulnerabilities of ICT products, processes, services and systems certified under Title II of this regulation;
Amendment 351 #
2017/0225(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point e
Article 9 – paragraph 1 – point e
(e) raise awareness of the public about cybersecurity risks and cyber hygiene practices, and provide guidance on good practices for individual users aimed at citizens and organisations with the aim of improving their cyber resilience;
Amendment 356 #
2017/0225(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point g a (new)
Article 9 – paragraph 1 – point g a (new)
(g a) promote the adoption by all actors on the Digital Single Market of preventive strong IT security measures and reliable data protection and privacy according to the Regulation (EU) 2016/679 and [Regulation 2017/0003/COD].
Amendment 365 #
2017/0225(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The Management Board shall be composed of one representative of each Member State, and two representatives appointed by the Commission and the European Parliament and, after its establishment following article 20, three representatives of the Permanent Stakeholder group one of which shall represent consumers’ interests. All representatives shall have voting rights.
Amendment 373 #
2017/0225(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. The Executive Board shall be composed of five members appointed from among the members of the Management Board amongst whom the Chairperson of the Management Board, who may also chair the Executive Board, and one of the representatives of the Commission. The Executive Director shall take part in the meetings of the Executive Board, but shall not have the right to vote. The composition of the Executive Board should aim at a balanced representation of genders.
Amendment 383 #
2017/0225(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. The Management Board, acting on a proposal by the Executive Director, shall set up a Permanent Stakeholders’ Group composed of recognised experts representing the relevant stakeholders, such as the ICT industry, providers of electronic communications networks or services available to the public, consumer groups and other relevant civil society organisations, academic experts in the cybersecurity, and representatives of competent authorities notified under [Directive establishing the European Electronic Communications Code] as well as of law enforcement and data protection supervisory authorities.
Amendment 385 #
2017/0225(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. Procedures for the Permanent Stakeholders’ Group, in particular regarding the number, composition, and the appointment of its members by the Management Board, the proposal by the Executive Director and the operation of the Group, shall be specified in the Agency’s internal rules of operation and shall be made public. The procedures shall follow best practice for fair representation and equal rights for all stakeholders and shall pursue a gender balanced approach.
Amendment 387 #
2017/0225(COD)
Proposal for a regulation
Article 20 – paragraph 2 a (new)
Article 20 – paragraph 2 a (new)
2 a. The composition of the Permanent Stakeholders’ Group shall include a minimum of five organisations representing consumer and/or civil society.
Amendment 392 #
2017/0225(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. The Agency shall ensure that the public and any interested parties are given appropriate, objective, reliable and easily accessible information, in particular with regard to its work plan and relative progress and the results of its work. It shall also make public the declarations of interest made in accordance with Article 22.
Amendment 397 #
Amendment 398 #
2017/0225(COD)
Proposal for a regulation
Article –43 (new)
Article –43 (new)
Amendment 399 #
2017/0225(COD)
Proposal for a regulation
Article –43 a (new)
Article –43 a (new)
Article -43 a Directive (EU)2014/53/EU is amended by adding the following point in Article 3, paragraph 3: (fa) (new) radio equipment is cybersecure by design, by default and by implementation;
Amendment 410 #
2017/0225(COD)
Proposal for a regulation
Article 44 – paragraph 1
Article 44 – paragraph 1
1. Following a request from the Commission, ENISA shall prepare a candidate European cybersecurity certification scheme which meets the requirements set out in Articles 45, 46 and 47 of this Regulation. Member States or the European Cybersecurity Certification Group (the 'Group') established under Article 53 may proposeThe request from the Commission to prepare a candidate European cybersecurity certification scheme should be justified with one or more of the following reasons: (a) existing cybersecurity certification schemes are fragmenting the internal market; (b) there is a current or foreseen need to support Union’s legislation; (c) there is a consensual request from Member States, the European Cybersecurity Certification Group (the 'Group') established under Article 53 or the Permanent stakeholder group established under article 20; the European Commission shall make sure that the preparation of a candidate Europequest coming from a Member State is reflective of a balanced participation of the interested parties concerned, such as industries, including SMEs, trade unions, civil society and cybersecurity certification scheme to the Commission. onsumers organisation. In this light, Member States shall ensure appropriate measures to enable the parties to be consulted at national level on the process of preparing and monitoring certification schemes
Amendment 419 #
2017/0225(COD)
Proposal for a regulation
Article 44 – paragraph 2
Article 44 – paragraph 2
2. When preparing candidate schemes referred to in paragraph 1 of this Article, ENISA shall consult all relevant stakeholders, including consumers' associations, and closely cooperate with the Group. The G and the Permanent stakeholder group. The Group and the permanent stakeholder group shall provide ENISA with the assistance and expert advice required by ENISA in relation to the preparation of the candidate scheme, including by providing opinions where necessary. When preparing each candidate scheme ENISA shall define a checklist of risks and cybersecurity features to effectively counter those risks;
Amendment 440 #
2017/0225(COD)
Proposal for a regulation
Article 44 – paragraph 5
Article 44 – paragraph 5
5. ENISA shall maintain a dedicated website, complying with the Directive (EU) 2016/2102, providing information on, and publicity of, European cybersecurity certification schemes, the withdrawn and the expiration of any certification scheme and certified ICT products, processes, services and systems.
Amendment 462 #
2017/0225(COD)
Proposal for a regulation
Article 45 – paragraph 1 – point g a (new)
Article 45 – paragraph 1 – point g a (new)
(ga) ensure that ICT product, process, services and systems are developed and operated in accordance with the principle of security by design and by default complying and the obligations defined in art -43.
Amendment 463 #
2017/0225(COD)
Proposal for a regulation
Article 46 – paragraph 1
Article 46 – paragraph 1
1. AWithout prejudice to the security obligations defined in art -43, a European cybersecurity certification scheme may specify one or more of the following risk- based assurance levels: basicfunctionally secure, substantially and/or highly secure, for ICT products and services issued under that scheme, processes, services and systems issued under that scheme. The assurance level shall be based on the checklist of risks and the corresponding cybersecurity features, identified by ENISA according to art 44(2), which are available in the ICT product, process, service or system to which the certification scheme applies.
Amendment 477 #
2017/0225(COD)
Proposal for a regulation
Article 46 – paragraph 2 – introductory part
Article 46 – paragraph 2 – introductory part
2. The assurance levels basicfunctionally secure, substantially secure and/or highly secure shall meet the following criteria respectively:
Amendment 486 #
2017/0225(COD)
Proposal for a regulation
Article 46 – paragraph 2 – point a
Article 46 – paragraph 2 – point a
(a) assurance level basic"functionally secure" shall refer to a certificate issued in the context of a European cybersecurity certification scheme, which provides a limin adequated degree of confidence in the claimed or asserted cybersecurity qualities of an ICT product or service as it corresponds to the compliance of the security obligations defined in art [-43] according to the principle of security by design and by default , and is characterised with reference to technical specifications, standards and procedures related thereto, including technical controls, the purpose of which is to decrease the risk of cybersecurity incidents;
Amendment 497 #
2017/0225(COD)
Proposal for a regulation
Article 46 – paragraph 2 – point b
Article 46 – paragraph 2 – point b
(b) assurance level "substantially secure" shall refer to a certificate issued in the context of a European cybersecurity certification scheme, which provides a substantial degree of confidence in the claimed or asserted cybersecurity qualities of an ICT product or service, and is characterised with reference to technical specifications, standards and procedures related thereto, including technical controls, the purpose of which is to decrease substantially the risk of cybersecurity incidents;
Amendment 508 #
2017/0225(COD)
Proposal for a regulation
Article 46 – paragraph 2 – point c
Article 46 – paragraph 2 – point c
(c) assurance "level highly secure" shall refer to a certificate issued in the context of a European cybersecurity certification scheme, which provides a higher degree of confidence in the claimed or asserted cybersecurity qualities of an ICT product or service than certificates with the assurance level substantially secure, and is characterised with reference to technical specifications, standards and procedures related thereto, including technical controls, the purpose of which is to prevent cybersecurity incidents.
Amendment 529 #
2017/0225(COD)
Proposal for a regulation
Article 47 – paragraph 1 – point g
Article 47 – paragraph 1 – point g
(g) where surveillance is part of the scheme, the rules for monitoring compliance with the requirements of the certificates, including mechanisms to demonstrate the continued compliance with the specified cybersecurity requirements;
Amendment 533 #
2017/0225(COD)
Proposal for a regulation
Article 47 – paragraph 1 – point i a (new)
Article 47 – paragraph 1 – point i a (new)
(ia) rules requiring how and when vulnerabilities in ICT products, processes, services and systems that are not publicly known to be reported by the appropriate authorities to relevant vendors and manufacturers using a coordinated vulnerability disclosure process.
Amendment 539 #
2017/0225(COD)
Proposal for a regulation
Article 47 – paragraph 1 – point m a (new)
Article 47 – paragraph 1 – point m a (new)
(ma) rules concerning how and when Member states must inform each other and affected vendors and manufacturers when they acquire knowledge of a vulnerability that is not publicly known in an ICT product or service that is certified under this certification scheme.
Amendment 550 #
2017/0225(COD)
Proposal for a regulation
Article 48 – paragraph 2
Article 48 – paragraph 2
2. The certification shall be voluntarymandatory at least for: (a) ICT products, processes, services and systems employed by operators of essential services as defined in the Directive 2016/1148/EU; (b) ICT products, processes, services and systems intended for children and homes; (c) ICT products, processes, services and systems intended for medical application; (d) ICT products, processes, services used for security purposes; (e) self-driving vehicles The Commission may by way of implementing acts and in cooperation with ENISA, review the categories of products provided in paragraph 1. The certification shall be voluntary for all other products, unless otherwise specified in Union law.
Amendment 587 #
2017/0225(COD)
Proposal for a regulation
Article 50 – paragraph 6 – point –a (new)
Article 50 – paragraph 6 – point –a (new)
(-a) organise market checks on certified and non-certified products, in a coordinated manner across Member States in order to avoid check duplication and to maximise the market check, for at least 30% of products certified in the previous year and oblige the certificate holder to recall non-compliant products from the market in accordance with paragraph 6(e). When identifying the 30% of products that will be subject to a compliance check, national certification authorities shall prioritise high risk products for consumers, especially children, products embedded with new technologies and/or products with high selling rates;
Amendment 592 #
2017/0225(COD)
Proposal for a regulation
Article 50 – paragraph 6 – point b
Article 50 – paragraph 6 – point b
(b) monitor and, supervise and, at least every year, the activities of conformity assessment bodies for the purpose of this Regulation, including in relation to the notification of conformity assessment bodies and the related tasks set out in Article 52 of this Regulation;
Amendment 595 #
2017/0225(COD)
Proposal for a regulation
Article 50 – paragraph 6 – point c a (new)
Article 50 – paragraph 6 – point c a (new)
(ca) report the results of verifications under point (a) and assessment under point (b) to ENISA and the European Cybersecurity Certification group;
Amendment 599 #
2017/0225(COD)
Proposal for a regulation
Article 50 – paragraph 7 – point e
Article 50 – paragraph 7 – point e
(e) to withdraw, in accordance with national law, certificates and ICT consumers products, that are not compliant with this Regulation or a European cybersecurity certification scheme;
Amendment 606 #
2017/0225(COD)
Proposal for a regulation
Article 51 – paragraph 2
Article 51 – paragraph 2
2. Accreditation shall be issued for a maximum of five years and may be renewed on the same conditions provided that the conformity assessment body meets the requirements set out in this Article. Accreditation bodies shall revoke an accreditation of a conformity assessment body pursuant to paragraph 1 of this Article where the conditions for the accreditation are not, or are no longer, met or where actions taken by a conformity assessment body infringe this Regulation. Conformity assessment bodies shall not accept direct payments for their services from the certificate holders.
Amendment 618 #
2017/0225(COD)
Proposal for a regulation
Article 54 – paragraph 1
Article 54 – paragraph 1
Member States shall lay down the rules on penalties applicable to infringements of thisTitle IIa, Title III and European cybersecurity certification schemes, and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall [by …/without delay] notify the Commission of those rules and of those measures and shall notify it of any subsequent amendment affecting them.
Amendment 621 #
2017/0225(COD)
Proposal for a regulation
Article 56 – paragraph 1
Article 56 – paragraph 1
1. Not later than fiveour years after the date referred to in Article 58, and every fiveour years thereafter, the Commission shall assess the impact, effectiveness and efficiency of the Agency and its working practices and the possible need to modify the mandate of the Agency and the financial implications of any such modification. The evaluation shall take into account any feedback made to the Agency in response to its activities. Where the Commission considers that the continuation of the Agency is no longer justified with regard to its assigned objectives, mandate and tasks, it may propose that this Regulation be amended with regard to the provisions related to the Agency.
Amendment 623 #
2017/0225(COD)
Proposal for a regulation
Article 56 – paragraph 2
Article 56 – paragraph 2
2. The evaluatNot later than four years after the date referred to in article 58, and every four years thereafter, the Commission shall also assess the impact, effectiveness and efficiency of the provisions of Title IIa and III with regard to the objectives of ensuring an adequate level of cybersecurity of ICT products, processes and services in the Union and improving the functioning of the internal market.
Amendment 33 #
2017/0102(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The European Solidarity Corps would provide a single entry point for solidarity activities throughout the Union. Consistency and complementarity of that framework should be ensured with other relevant Union policies and programmes. The European Solidarity Corps should build on the strengths and synergies of existing programmes, notably the European Voluntary Service. It should also complement the efforts made by Member States to support young people and ease their school-to-work transition under the Youth Guarantee19 by providing them with additional opportunities to make a start on the labour market in the form of traineeships or jobs in solidarity-related areas within their respective Member State or across borders. Complementarity with existing Union level networks pertinent to the activities under the European Solidarity Corps, such as the European Network of Public Employment Services, EURES and the Eurodesk network, should also be ensured. Furthermore, complementarity between existing related schemes, in particular national solidarity schemes and mobility schemes for young people, and the European Solidarity Corps should be ensured, building on good practices where appropriate. _________________ 19Council Recommendation of 22 April 2013 on establishing a Youth Guarantee (2013/C 120/01).
Amendment 44 #
2017/0102(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The European Solidarity Corps should open up new opportunities for young people to carry out volunteering, traineeship or job placements in solidarity- related areas as well as to devise and develop solidarity projects based on their own initiative. Those opportunities should contribute to enhancing their personal, educational, social, civic and professional development. The European Solidarity Corps should also support networking activities for European Solidarity Corps participants and organisations as well as measures to ensure the quality of the supported activities and to enhance the validation of their learning outcomes.
Amendment 46 #
2017/0102(COD)
Proposal for a regulation
Recital 10
Recital 10
Amendment 54 #
2017/0102(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) To ensure the impact of European Solidarity Corps placements on the personal, educational, social, civic and professional development of the participants, a system to recognise the skills acquired through ESC voluntary work should be developed, and the knowledge, skills and competences that are the learning outcomes of the placement should be properly identified and documented, in accordance with national circumstances and specificities, as recommended in the Council Recommendation of 20 December 2012 on the validation of non-formal and informal learning22 . _________________ 22 Council Recommendation of 20 December 2012 on the validation of non- formal and informal learning, OJ C 398, 22.12.2012, p. 1.
Amendment 60 #
2017/0102(COD)
Proposal for a regulation
Recital 19
Recital 19
Amendment 65 #
2017/0102(COD)
Proposal for a regulation
Recital 20 a (new)
Recital 20 a (new)
(20a) Civil protection and humanitarian aid cannot be dependent on young people via the European Solidarity Corps; Commission and the Member States should guarantee continued investments in structured civil protection and humanitarian aid;
Amendment 68 #
2017/0102(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The European Solidarity Corps should target young people aged 18-30. Participation in the activities offered by the European Solidarity Corps should require prior registration in the European Solidarity Corps Portal. Other tools that complement this means of registration should be provided, in order to facilitate the participation of all young people, especially those in the most vulnerable situations and those who are not digitally literate.
Amendment 70 #
2017/0102(COD)
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) It is fundamental to promote a wider policy strategy aimed at creating a conducive environment for volunteering in Europe, aimed at not overlapping with but rather strengthening successful existing initiatives, such as the EVS;
Amendment 74 #
2017/0102(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Any entity willing to participate in the European Solidarity Corps, whether funded by the European Solidarity Corps budget, by another Union programme or by a different funding source, should receive a quality label provided that the appropriate conditions are fulfilled. The process that leads to the attribution of a quality label should be carried out on a continuous basis by the implementing structures of the European Solidarity Corps. The attributed quality label should be reassessed periodically and couldat least every year and shall be revoked if, in the context of the checks to be performed, the conditions that led to its attribution were found to be no longer fulfilled.
Amendment 76 #
2017/0102(COD)
Proposal for a regulation
Recital 27 a (new)
Recital 27 a (new)
(27a) Local communities' needs and expectations should be an important criterion when evaluating the quality of projects; accordingly, appropriate indicators should be put in place and re- assessed every year;
Amendment 105 #
2017/0102(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) “solidarity placement” means a volunteering activity, traineeship or job in a solidarity-related area, which is organised by a participating organisation and which contributes to addressing key societal challenges while enhancing the personal, educational, social, civic and professional development and the employability of the European Solidarity Corps participant who undertakes it, either in a country other than the country of residence (cross-border) or in the country of residence of the participant (in-country);
Amendment 111 #
2017/0102(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
Amendment 116 #
2017/0102(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
Amendment 148 #
2017/0102(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) solidarity placements in the form of volunteering, traineeships or jobs, including individual cross- border and in- country placements as well as volunteering teams’ placements;
Amendment 165 #
2017/0102(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 57 #
2017/0085(COD)
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) Work-life balance policies should promote women’s participation in the labour market, closing the gender pay gap and reducing the poverty that increasingly affects women.
Amendment 97 #
2017/0085(COD)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) Member States should also provide protection for categories of workers such as those who practise a profession or are self-employed or entrepreneurs.
Amendment 116 #
2017/0085(COD)
Proposal for a directive
Recital 13
Recital 13
(13) In order to encourage a more equal sharing of caring responsibilities between women and men, the right to paternity leave for fathers to be taken on the occasion of the birth or adoption of a child should be introduced. In order to take account of differences among Member States, the right to paternity leave should be irrespective of marital or family status as defined in national law.
Amendment 134 #
2017/0085(COD)
Proposal for a directive
Recital 15
Recital 15
(15) In order to provide greater possibility for parents to use parental leave as their children grow up, the right to parental leave should be granted until the child is at least twelve years old. Member States should be able to specify the period of notice to be given by the worker to the employer when applying for parental leave and to decide whether the right to parental leave may be subject to a certain period of service, taking into particular account the requirements of micro, small and medium-sized enterprises. In view of the growing diversity of contractual arrangements, the sum of successive fixed- term contracts with the same employer should be taken into account for the purpose of calculating the period of service. To balance the needs of workers with those of employers, Member States should also be able to decide whether they define if the employer may be allowed to postpone the granting of parental leave under certain circumstances. In such cases, the employer should provide justification for the postponement. Given that flexibility makes it more likely that second parents, in particular fathers, will take up their entitlement to such leave, workers should be able to request to take parental leave on a full-time or part-time basis or in other flexible forms. It should be up to the employer whether or not to accept such a request for parental leave in other flexible forms than full-time. Member States should also assess if the conditions and detailed arrangements of parental leave should be adapted to the specific needs of parents in particularly disadvantaged situations.
Amendment 159 #
2017/0085(COD)
Proposal for a directive
Recital 18 a (new)
Recital 18 a (new)
(18a) Member States should incentivise subsidised home care arrangements by supporting ‘independent living’ projects which enable persons requiring assistance to choose to contact qualified professional operators; both men and women would thus be able to combine their working lives more easily with the provision of assistance to elderly relatives, or those with disabilities and/or in need of support.
Amendment 178 #
2017/0085(COD)
Proposal for a directive
Recital 21
Recital 21
(21) In order to encourage working parents and carers to remain in the work force, those workers should be able to adapt their working schedules to their personal needs and preferences. Working parents and carers should therefore be able to request flexible working arrangements, meaning the possibility for workers to adjust their working patterns, including through the use of remote working arrangements, flexible working schedules, or a reduction in working hours, for caring purposes. In order to address the needs of workers and employers, in particular of micro, small and medium-sized enterprises, it should be possible for Member States to limit the duration of flexible working arrangements, including a reduction in working hours. While working part-time has been shown to be useful in allowing some women to remain in the labour market after having children, long periods of reduced working hours may lead to lower social security contributions translating into reduced or non-existing pension entitlements. The ultimate decision as to whether or not to accept a worker’s request for flexible working arrangements should lie with the employer, Specific circumstances underlying the need for flexible working arrangements can change. Workers should therefore not only have the right to return to their original working patterns at the end of a given agreed period, but should also be able to request to do so at any time where a change in the underlying circumstances so requires.
Amendment 182 #
2017/0085(COD)
Proposal for a directive
Recital 21 a (new)
Recital 21 a (new)
(21a) Member States should provide working parents with suitable childcare facilities and services that are of high quality and are affordable for all income groups.
Amendment 211 #
2017/0085(COD)
Proposal for a directive
Recital 30 a (new)
Recital 30 a (new)
(30a) Member States should provide for tax relief and/or incentives to help micro, small and medium-sized enterprises comply with the terms of this Directive.
Amendment 226 #
2017/0085(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
This Directive applies to all workers, men and women, who have an employment contract or employment relationship as defined by law, collective agreement and/or practices in force in each Member State.
Amendment 238 #
2017/0085(COD)
Proposal for a directive
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) “paternity leave"” means paid leave from work for fathers to be taken on the occasion of the birth or adoption of a child;
Amendment 243 #
2017/0085(COD)
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) “parental leave” means paid leave from work on the grounds of the birth or adoption of a child to take care of that child;
Amendment 300 #
2017/0085(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall take the necessary measures to ensure that fathers have the right to take paternity leave of at least ten working days on the occasion of the birth or adoption of a child.
Amendment 313 #
2017/0085(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall take the necessary measures to ensure that workers have an individual right to parental leave of at least four months to be taken before the child reaches a given age which shall be at least twelve. Member States shall ensure that protection measures are applied also to self-employed workers, professionals and entrepreneurs.
Amendment 334 #
2017/0085(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States shall establish the period of notice to be given by workers to employers when exercising the right to parental leave. In doing so, Member States shall take into account the needs of both employers, in particular micro, small and medium-sized enterprises, and workers. Member States shall ensure that the worker's request specifies the intended beginning and end of the period of leave.
Amendment 347 #
2017/0085(COD)
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Member States mayshall define the circumstances in which an employer, following consultation in accordance with national law, collective agreements and/or practice, may be allowed to postpone the granting of parental leave by a reasonable period of time on the grounds that it would seriously disrupt the good functioning of the establishment. Employers shall justify any postponement of parental leave in writing.
Amendment 373 #
2017/0085(COD)
Proposal for a directive
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
Member States shall adopt economic measures and incentives to promote subsidised home care arrangements which provide for the use of qualified operators. The economic incentives must be calculated on the basis of the worker’s reference income.
Amendment 382 #
2017/0085(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
In accordance with national circumstances, such as national law, collective agreements and/or practice, and taking into account the powers delegated to social partners, Member States shall ensure that workers exercising the rights to leave referred to in Article 4, 5 or 6 will receive a payment or an adequate allowance at least equivalent to what the worker concerned would receive in case of sick leave. With regard to self-employed workers, professionals and entrepreneurs, Member States shall determine adequate safeguards to provide a minimum level of support for the family unit for the period of leave.
Amendment 399 #
2017/0085(COD)
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. Member States may adopt tax relief and/or incentives to help micro, small and medium-sized enterprises comply with the terms of this Directive.
Amendment 406 #
2017/0085(COD)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Employers shall consider and respond to requests for flexible working arrangements referred to in paragraph 1, taking into account the needs of both employers and workers. Employers shall justify in writing any refusal of such a request.
Amendment 420 #
2017/0085(COD)
Proposal for a directive
Article 9 a (new)
Article 9 a (new)
Article 9a Socio-educational facilities and services Member States shall ensure that public socio-educational facilities and services for early childhood are in place and are tailored to the needs of the population. Member States shall also encourage the provision of supplementary services, in addition to kindergartens, such as family nurseries (or ‘Tagesmutter’), local nurseries, play areas and child-parent centres. Member States shall ensure that workers who fall within the most disadvantaged income brackets also have access to those facilities and services.
Amendment 453 #
2017/0085(COD)
Proposal for a directive
Article 16 a (new)
Article 16 a (new)
Article 16a Non-regression clause The implementation of this Directive shall not be sufficient grounds for any regression in relation to the existing situation in the Member States and in relation to the general level of protection of workers in the areas to which it applies. Member States and/or the social partners may maintain or introduce more favourable provisions for workers than those set out in this Directive.
Amendment 454 #
2017/0085(COD)
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
Member States shall ensure that the provisions adopted pursuant to this Directive, together with the relevant provisions already in force relating to the subject matter as set out in Article 1 of this Directive, are brought by all appropriate means to the attention of the persons concerned throughout their territory, also through the Single Digital Gateway.
Amendment 465 #
2017/0085(COD)
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. On the basis of the information provided by Member States pursuant to paragraph 1, the Commission shall submit to the European Parliament and the Council a report in which it reviews the application of this Directive, including gender-specific data on the take-up of the different types of leave set out in this Directive and their impact on micro, small and medium-sized enterprises, accompanied, if appropriate, by a legislative proposal.
Amendment 1 #
2017/0024(NLE)
Recital 4
(4) The objective of the BBI Initiative to carry out activities through collaboration of stakeholders along the entire bio-based value chains, including SMEs, research and technology centres and universities can be achieved only by enabling BIC and its constituent entities to deliver the financial contribution not only as payments to the BBI Joint Undertaking but also as financial. The objectives of the BIC should provide a significant contributions to indirect actions funded by the BBI Joint Undertaking.Europe's independence from fossil fuel products and help the European Union to achieve its targets relating to climate change and environmentally sustainable growth;
Amendment 2 #
2017/0024(NLE)
Recital 5
Amendment 3 #
2017/0024(NLE)
Article 1 – paragraph 3
Council Regulation (EU) No 560/2014
Article 12, paragraph 4, second sub-paragraph
Article 12, paragraph 4, second sub-paragraph
These financial contributions shall be made as payments to the BBI Joint Undertaking or as financial contributions to indirect actions funded by the BBI Joint Undertaking.
Amendment 57 #
2017/0003(COD)
Proposal for a regulation
Recital 7
Recital 7
Amendment 63 #
2017/0003(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The services used for communications purposes, and the technical means of their delivery, have evolved considerably. End-users increasingly replace traditional voice telephony, text messages (SMS) and electronic mail conveyance services in favour of functionally equivalent online services such as Voice over IP, messaging services and web-based e-mail services. In order to ensure an effective, full and equal protection of end-users when using functionally equivalent services, this Regulation uses the definition of electronic communications services set forth in the [Directive of the European Parliament and of the Council establishing the European Electronic Communications Code24]. That definition encompasses not only internet access services and services consisting wholly or partly in the conveyance of signals but also interpersonal communications services, which may or may not be number-based, such as for example, Voice over IP, messaging services and web-based e-mail services. The protection of confidentiality of communications is crucial also as regards interpersonal communications services that are ancillary to another service, such as internal messaging, newsfeeds, timelines and similar functions in online services where messages are exchanged with other users within or outside that service (i.e. public and privately available newsfeeds and timelines); therefore, such type of services also having a communication functionality should be covered by this Regulation. __________________ 24 Commission proposal for a Directive of the European Parliament and of the Council establishing the European Electronic Communications Code (Recast) (COM/2016/0590 final - 2016/0288 (COD)).
Amendment 65 #
2017/0003(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The development of fast and efficient wireless technologies has fostered the increasing availability for the public of internet access via wireless networks accessible by anyone in public and semi- private spaces such as 'hotspots' situated at different places within a city, department stores, shopping malls, and hospitalirports, hotels, hospitals and other similar Internet access points. To the extent that those communications networks are provided to an undefined group of end-users, the confidentiality of the communications transmitted through such networks should be adequately protected. The fact that wireless electronic communications services may be ancillary to other services should not stand in the way of ensuring the protection of confidentiality of communications data and application of this Regulation. Therefore, this Regulation should apply to electronic communications data using electronic communications services and public communications networks. In contrast, this Regulation should not apply to closed groups of end- users such as corporate networks, access to which is limited to members of the corporation.
Amendment 68 #
2017/0003(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Electronic communications data should be defined in a sufficiently broad and technology neutral way so as to encompass any information concerning the content transmitted or exchanged (electronic communications content) and the information concerning an end-user of electronic communications services processed for the purposes of transmitting, distributing or enabling the exchange of electronic communications content; including data to trace and identify the source and destination of a communication, geographical location and the date, time, duration and the type of communication. It should also include location data, such as for example the actual or inferred location of the terminal equipment, the location of the terminal equipment from or to which a phone call or an internet connection has been made, or the Wi-Fi hotspot that a device is connected to, as well as data necessary to identify the terminal equipment of end-users. Whether such signals and the related data are conveyed by wire, radio, optical or electromagnetic means, including satellite networks, cable networks, fixed (circuit- and packet-switched, including internet) and mobile terrestrial networks, electricity cable systems, the data related to such signals should be considered as electronic communications metadata and therefore be subject to the provisions of this Regulation. Electronic communications metadata may include information that is part of the subscription to the service when such information is processed for the purposes of transmitting, distributing or exchanging electronic communications content.
Amendment 71 #
2017/0003(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Electronic communications data should be treated as confidential. This means that any interference with the transmission of electronic communications data, whether directly by human intervention or through the intermediation of automated processing by machines, without the consent of all the communicating parties should be prohibited. When the processing is allowed under any exception to the prohibitions under the this Regulation, any other processing of the electronic communications data on the basis of Article 6 of Regulation (EU) 2016/679 should be considered as prohibited, including processing for another purpose on the basis of Article 6(4) of that Regulation. This would not prevent controllers from asking for additional consent for new processing operations. The prohibition of interception of communications data should apply also during their conveyance, i.e. until receipt of the content of the electronic communication by the intended addressee and any temporary files in the network after receipt. Interception of electronic communications data may occur, for example, when someone other than the communicating parties, listens to calls, reads, scans or stores the content of electronic communications, or the associated metadata for purposes other than the exchange of communications. Interception also occurs when third parties monitor websites visited, timing of the visits, interaction with others, etc., without the consent of the end-user concerned. As technology evolves, the technical ways to engage in interception have also increased. Such ways may range from the installation of equipment that gathers data from terminal equipment over targeted areas, such as the so-called IMSI (International Mobile Subscriber Identity) catchers, to programs and techniques that, for example, surreptitiously monitor browsing habits for the purpose of creating end-user profiles. Other examples of interception include capturing payload data or content data from unencrypted wireless networks and routers, and analysis of end users' electronic communications metadata, including browsing habits without the end- users' consent.
Amendment 79 #
2017/0003(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The prohibition of storage of communications is not intended to prohibit any automatic, intermediate and strictly transient storage of this information insofar as this takes place for the sole purpose of carrying out the transmission in the electronic communications network. ITherefore, by way of exception, it should not prohibit either the processing of electronic communications data to ensure the security and continuity of the electronic communications services, including checking security threats such as the presence of malware or the processing of metadata to ensure the necessary quality of service requirements, such as latency, jitter etc.
Amendment 83 #
2017/0003(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The processing of electronic communications data can be useful for businesses, consumers and society as a whole. Vis-à-vis Directive 2002/58/EC, this Regulation broadens the possibilities for providers of electronic communications services to process electronic communications metadata, based ononly where there is an informed and expressed end- users consent. HoweverIndeed, end-users attach great importance to the confidentiality of their communications, including their online activities, and that they want to control the use of electronic communications data for purposes other than conveying the communication. Therefore, this Regulation should require providers of electronic communications services to obtain end-users' informed and expressed consent to process electronic communications metadata, which should include data on the location of the device generated for the purposes of granting and maintaining access and connection to the service. Location data that is generated other than in the context of providing electronic communications services should not be considered as metadata, but rather genuine equipment location data. In any case, location data of the terminal device of a natural person is personal data and thus the processing of those data is subject to the obligations from the Regulation (EU) 2016/679. Examples of commercial usages of electronic communications metadata by providers of electronic communications services may include the provision of heatmaps; a graphical representation of data using colours to indicate the presence of individuals. To display the traffic movements in certain directions during a certain period of time, an identifier is necessary to link the positions of individuals at certain time intervals. This identifier would be missing if anonymous data were to be used and such movement could not be displayed. Such usage of electronic communications metadata could, for example, benefit public authorities and public transport operators to define where to develop new infrastructure, based on the usage of and pressure on the existing structure. Where a type of processing of electronic communications metadata, in particular using new technologies, and taking into account the nature, scope, context and purposes of the processing, is likely to result in a high risk to the rights and freedoms of natural persons, providers must comply with the obligations from Article 25 of Regulation (EU) 2016/679 in case of further processing of location data or other metadata, conduct a data protection impact assessment and, as the case may be, a consultation of the supervisory authority should take place prior to the processing, in accordance with Articles 35 and 36 of Regulation (EU) 2016/679. Moreover, the parties involved in the processing of location data and other metadata should make public their methods of anonymisation and further aggregation, without prejudice to secrecy safeguarded by law. The anonymisation method must, once the defined purposes of processing have been fulfilled, technically prevent all parties from singling out an end-user within a set of data or from linking new data collected from the end-user's device to the existing set of data.
Amendment 94 #
2017/0003(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Terminal equipment of end-users of electronic communications networks and any information relating to the usage of such terminal equipment, whether in particular is stored in or emitted by such equipment, requested from or processed in order to enable it to connect to another device and or network equipment, are part of the private sphere of the end-users requiring protection under the Charter of Fundamental Rights of the European Union and the European Convention for the Protection of Human Rights and Fundamental Freedoms. Given that such equipment contains or processes information that may reveal details of an individual's emotional, political, social complexities, including the content of communications, pictures, the location of individuals by accessing the device’'s GPS capabilities, contact lists, and other information already stored in the device, the information related to such equipment requires enhanced privacy protection. Furthermore, the so-called spyware, web bugs, hidden identifiers, tracking cookies and other similar unwanted tracking tools can enter end-user's terminal equipment without their knowledge in order to gain access to information, to store hidden information and to trace the activities or to instigate certain technical operations or tasks, often without the knowledge of the user. Information related to the end-user’'s device may also be collected remotely for the purpose of identification and tracking, using techniques such as the so-called ‘'device fingerprinting’', often without the knowledge of the end-user, and may seriously intrude upon the privacy of these end-users. Techniques that surreptitiously monitor the actions of end-users, for example by tracking their activities online or the location of their terminal equipment, or subvert the operation of the end-users’' terminal equipment pose a serious threat to the privacy of end-users. Therefore, any such interference with the end-user's terminal equipment should be allowed only with the end-user's consent and for specific, limited, and transparent purposes.
Amendment 101 #
2017/0003(COD)
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21a) Equipment location data can give a very detailed and intrusive insight into an individual's personal life or an organisation's business and activities. Processing of location data from any source, whether electronic communications metadata or equipment location data should be conducted on the basis of clear rules.
Amendment 105 #
2017/0003(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) The methods used for providing information and obtaining end-user's consent should be as user-friendly as possible. Given the ubiquitous use of tracking cookies and other tracking techniques, end-users are increasingly requested to provide consent to store such tracking cookies in their terminal equipment. As a result, end-users are overloaded with requests to provide consent. The use of technical means to provide consent, for example, through transparent and user-friendly settings, may address this problem. Therefore, this Regulation should provide for the possibility to express consent by using the appropriate settings of a browser or other application. Communications software should be set by default to the most privacy friendly option. The choices made by end- users when establishing its general privacy settings of a browser or other application should be binding on, and enforceable against, any third parties. Web browsers are a type of software application that permits the retrieval and presentation of information on the internet. Other types of applications, such as the ones that permit calling and messaging or provide route guidance, have also the same capabilities. Web browsers mediate much of what occurs between the end-user and the website. From this perspective, they are in a privileged position to play an active role to help the end-user to control the flow of information to and from the terminal equipment. More particularly web browsers may be used as gatekeepers, thus helping end-users to prevent information from their terminal equipment (for example smart phone, tablet or computer) from being accessed or storedone way of accessing and sending information on the internet. From this perspective, they are in a privileged position to play an active role to help the end-user to control the flow of information to and from the terminal equipment.
Amendment 107 #
2017/0003(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The principles of data protection by design and by default were codified under Article 25 of Regulation (EU) 2016/679. Currently, the default settings for cookies are set in most current browsers to ‘'accept all cookies’'. Therefore providers of software enabling the retrieval and presentation of information on the internet should have an obligation to configure the software so that it offers the option to prevent third parties from storing information on the terminal equipment; this is often presented as ‘'reject third party cookies’trackers. End-users should be offered a set of privacy setting options, ranging from higher (for example, ‘'never accept cookies’trackers') to lower (for example, ‘'always accept cookies’trackers') and intermediate (for example, ‘'reject third party cookies’trackers ' or ‘'only accept first party cookies’trackers'). Such privacy settings should be presented in an easily visible and intelligible manner. For web browsers and any other software enabling access to the internet or internet- based services to be able to obtain the consent of end-users as defined under Regulation (EU) 2016/679, for example, to the storage of third party tracking, they should, among others, require a clear affirmative action from the end-user of terminal equipment to express his or her freely given, specific, informed and explicit agreement to the storage and access of 'cookies' or any other trackers in and from the terminal equipment. To this end, it is necessary to require providers of software enabling access to the internet that, at the moment of installation, end-users are informed about the possibility to choose the privacy settings among the various options and ask them to make a choice. That information provided to the users shall not be written in a way that seeks to dissuade end-users from selecting the most privacy-friendly settings and should include relevant information about the risks associated to allowing third party trackers to be stored on the device, including the compilation of long-term records of individuals' browsing histories and the use of such records to send targeted advertising or sharing that information with third parties. Web browsers are encouraged to provide easy ways for end-users to change the privacy settings at any time during use and to allow the user to make exceptions for or to white-list certain websites or to specify for which websites (third) party trackers are always or never allowed. In case of no active choice, or action from the user, web browsers and any other software enabling access to internet-based services should be set by default to ensure the highest degree of protection for the individual, including the rejection and blocking the storage of third party 'cookies' or other type of trackers.
Amendment 113 #
2017/0003(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Accessing electronic communications networks requires the regular emission of certain data packets in order to discover or maintain a connection with the network or other devices on the network. Furthermore, devices must have a unique address assigned in order to be identifiable on that network. Wireless and cellular telephone standards similarly involve the emission of active signals containing unique identifiers such as a MAC address, the IMEI (International Mobile Station Equipment Identity), the IMSI etc. A single wireless base station (i.e. a transmitter and receiver), such as a wireless access point, has a specific range within which such information may be captured. Service providers have emerged who offer tracking services based on the scanning of equipment related information with diverse functionalities, including people counting, providing data on the number of people waiting in line, ascertaining the number of people in a specific area, etc. This information may be used for more intrusive purposes, such as to send commercial messages to end-users, for example when they enter stores, with personalized offers. Such practices should be prevented to ensure compliance with the principle of purpose limitation as defined under Regulation (EU) 2016/679. While some of these functionalities do not entail high privacy risks, others do, for example, those involving the tracking of individuals over time, including repeated visits to specified locations. Therefore, only in a limited number of circumstances and only if the used data would be anonymised or deleted after the defined purposes of processing have been fulfilled, might data controllers be allowed to process the information emitted by the terminal equipment for the purposes of tracking the physical movements of end-users with his or her consent. The anonymisation method should technically prevent all parties from singling out an end-user within a set of data or from linking new data collected from the end-user's terminal equipment to the existing set of data. Providers engaged in such practices should display prominent notices located on the edge of the area of coverage informing end-users prior to entering the defined area that the technology is in operation within a given perimeter, the purpose of the tracking, the person responsible for it and the existence of any measure the end-user of the terminal equipment can take to minimize or stop the collection. Additional information should be provided where personal data are collected pursuant to Article 13 of Regulation (EU) 2016/679.
Amendment 117 #
2017/0003(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) When the processing of electronic communications data by providers of electronic communications services falls within its scope, this Regulation should provide for the possibility for the Union or Member States under specific conditions to restrict by law certain obligations and rights when such a restriction constitutes a necessary and proportionate measure in a democratic society to safeguard specific public interests, including national security, defence, public security and the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security and other important objectives of general public interest of the Union or of a Member State, in particular an important economic or financial interest of the Union or of a Member State, or a monitoring, inspection or regulatory function connected to the exercise of official authority for such interests. Therefore, this Regulation should not affect the ability of Member States to carry out lawful interception of electronic communications or take other measures, if necessary and proportionate to safeguard the public interests mentioned above, in accordance with the Charter of Fundamental Rights of the European Union and the European Convention for the Protection of Human Rights and Fundamental Freedoms, as interpreted by the Court of Justice of the European Union and of the European Court of Human Rights. Encryption and other security measures are critical to ensure the confidentiality and integrity of electronic communications and the security and integrity of the electronic communications infrastructure as a whole. The measures taken by Member States should not entail any obligations for the provider of the electronic communications network or service that would result in the weakening of the security and encryption of their networks and services. Providers of electronic communications services should provide for appropriate procedures to facilitate legitimate requests of competent authorities, where relevant also taking into account the role of the representative designated pursuant to Article 3(3).
Amendment 125 #
2017/0003(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) Safeguards should be provided to protect end-users against unsolicited communications for direct marketing purposes, which intrude into the private life of end-users. The degree of privacy intrusion and nuisance is considered relatively similar independently of the wide range of technologies and channels used to conduct these electronic communications, whether using automated calling and communication systems, instant messaging applications, emails, SMS, MMS, Bluetooth, etc. It is therefore justified to require that consent of the end-user is obtained before commercial electronic communications for direct marketing purposes are sent to end-users in order to effectively protect individuals against the intrusion into their private life as well as the legitimate interest of legal persons. Legal certainty and the need to ensure that the rules protecting against unsolicited electronic communications remain future- proof justify the need to define a single set of rules that do not vary according to the technology used to convey these unsolicited communications, while at the same time guaranteeing an equivalent level of protection for all citizens throughout the Union. However, it is reasonable to allow the use of e-mail contact details within the context of an existing customer relationship for the offering of similar products or services. Such possibility should only apply to the same company that has obtained the electronic contact details in accordance with Regulation (EU) 2016/679 and only for a limited time period.
Amendment 131 #
2017/0003(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation lays down rules regarding the protection of fundamental rights and freedoms of natural and legal persons in the provision and use of electronic communications services, and in particular, the rights to respect for private life and communications and the protection of natural persons with regard to the processing of personal data regardless of whether a payment is required by the user.
Amendment 157 #
2017/0003(COD)
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. The representative shall havebe authorised by the powrovider to answer questions and provide information in addition to or instead of the provider it represents, in particular, to supervisory authorities, courts and end-users, on all issues related to processing electronic communications data for the purposes of ensuring compliance with this Regulation and shall be provided with any relevant information to that end by the provider, to the extent that the provider does not answer the questions or provide the information directly.
Amendment 170 #
2017/0003(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point b
Article 4 – paragraph 3 – point b
(b) ‘electronic communications content’ means the content exchanged by means of electronic communications services or via electronic communications networks, such as text, voice, videos, images, and sound;
Amendment 171 #
2017/0003(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point c
Article 4 – paragraph 3 – point c
(c) ‘electronic communications metadata’ means data processed in an electronic communications network for the purposes of transmitting, distributing or exchanging electronic communications content; including, but not limited to, data used to trace and identify the source and destination of a communication, data on the location of the device generated in the context of providing electronic communications services, and the date, time, duration and the type of communication; It includes data broadcast or emitted by the terminal equipment to identify end-users' communications and/or terminal equipment in the network and enable it to connect to such network or to another device.
Amendment 174 #
2017/0003(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point f
Article 4 – paragraph 3 – point f
(f) ‘direct marketing communications’ means any form of advertising, whether written or oral, or similar promotion, sent, directed or presented to one or more identified or identifiable end- users over an of electronic communications servicesnetwork, including the use of automated calling and communication systems with or without human interaction, targeted advertising on social media platforms, electronic mail, facsimile, SMS, etc.;
Amendment 179 #
2017/0003(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point h a (new)
Article 4 – paragraph 3 – point h a (new)
(ha) ‘equipment location data’ means data that can enable the geospatial location, movement or direction of terminal equipment and is not processed in order to provide a communications service;
Amendment 186 #
2017/0003(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Electronic communications data shall be confidential. Any interference with electronic communications data, such as by listening, tapping, storing, monitoring, scanning or other kinds of interception, surveillance or any processing of electronic communications data regardless of whether this data is in transit or stored, by persons other than the end-users, shall be prohibited, except when permitted by this Regulation.
Amendment 191 #
2017/0003(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
Neither providers of electronic communication services nor any third parties shall process electronic communications data that are not collected on the basis of consent or any other legal ground under this Regulation, or any other legal basis not specifically provided for in this Regulation.
Amendment 202 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) it is strictly necessary to achieve the transmission of the communication, for the duration necessary for that purpose only; or
Amendment 204 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) it is strictly necessary to maintain or restore the security of electronic communications networks and services, or detect technical faults and/or errors in the transmission of electronic communications, for the duration necessary for that purpose only and only to the extent that the purpose concerned could not be fulfilled by processing information that is made anonymous.
Amendment 211 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 a (new)
Article 6 – paragraph 1 – subparagraph 1 a (new)
Under no circumstances, including when complying with points (a) and (b), shall providers of electronic communications services try to, be requested to or be forced to comply with a request to gain access to end-user's communications content in situations where the content itself is protected by technical means.
Amendment 217 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. Providers of electronic communications services may process electronic communications metadata only if:
Amendment 221 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) it is strictly necessary to meet mandatory quality of service requirements pursuant to [Directive establishing the European Electronic Communications Code] or Regulation (EU) 2015/212028 for the duration necessary for that purpose; or __________________ 28 Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union (OJ L 310, 26.11.2015, p. 1–18).
Amendment 246 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 1 a (new)
Article 6 – paragraph 3 – subparagraph 1 a (new)
Amendment 253 #
2017/0003(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Without prejudice to point (b) of Article 6(1) and points (a) and (b) of Article 6(3), the provider of the electronic communications service shall erase electronic communications contentdata or make that data anonymous after receipt of electronic communication content by the intended recipient or recipients. Such data may be recorded or stored by the end- users or by a third party entrusted by them to record, store or otherwise process such data, in accordance with Regulation (EU) 2016/679when it is no longer strictly necessary for the exchange of the communications.
Amendment 263 #
2017/0003(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Where the processing of electronic communications metadata takes place for the purpose of billing in accordance with point (b) of Article 6(2), the relevant metadatadata which is strictly necessary may be kept until the end of the period during which a bill may lawfully be challenged or a payment may be pursued in accordance with national law.
Amendment 272 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. The use of processing and storage capabilities of terminal equipment and the collection of information from end-users’ terminal equipment, including information about its software and hardware and any other electronic communications data identifying end-users, other than by the end-user concerned shall be prohibited, except on the following grounds:
Amendment 279 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) it is strictly necessary for the sole purpose of carrying out the transmission of an electronic communication over an electronic communications network; or
Amendment 287 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) all the end-user hasve given his or their consent; or
Amendment 289 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point c
Article 8 – paragraph 1 – point c
(c) it is strictly necessary for providing an information society service requested by the end-user; or
Amendment 309 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1 a (new)
Article 8 – paragraph 1 – subparagraph 1 a (new)
The end-user shall not be denied access to an information society service or electronic communications service - whether these services are remunerated or not - on grounds that the end-user does not provide consent under point (b) of Article 8(1) or point (b) of Article 8(2) for processing any data that is not strictly necessary for the provision of that service.
Amendment 312 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1 b (new)
Article 8 – paragraph 1 – subparagraph 1 b (new)
The end-user shall not be denied any functionality of the terminal equipment on grounds that the end-user does not provide consent as set out in point (b) of Article 8(1) or point (b) of Article 8(2) for processing any data that is not strictly necessary for the functionality requested by the end-user.
Amendment 325 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – point b
Article 8 – paragraph 2 – subparagraph 1 – point b
(b) a clear and promll relevant information about the intent notice is displayed informing of, at least, the modalded processing is provided in clear and easily understandable language, provided separately from the terms and conditieons of the collection, its purpose, the person responsible for provider; the collection of such information shall be conditional on the application of appropriate technical and organisational measures to ensure a level of security and the other information required underppropriate to the risks, as set out in Article 132 of Regulation (EU) 2016/679 where personal data are collected, as well as any measure the end-user of the terminal equipment can take to stop or minimise the collectionand supplemented with a mandatory data protection impact assessment.
Amendment 348 #
2017/0003(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. End-users who have consented to the processing of electronic communications data as set out in point (c) of Article 6(2) and points (a) and (b) of Article 6(3) shall be given the possibility to withdraw their consent at any time as set forth under Article 7(3) of Regulation (EU) 2016/679 an. It shall be as easy to withdraw as to give consent and, furthermore, the end-user should be reminded of this possibility at periodic intervals of 6 months, as long as the processing continues.
Amendment 362 #
2017/0003(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Software placedThe settings of all the components onf the market permitting electronic communications, including the retrieval and presentation of information on the internet, shall offer the option to prevent third parties from storing information on the terminal equipment of an end-user or processing information already stored onterminal equipment placed on the market, including both software and hardware, shall be configured by default to prevent third parties from storing information, processing information already stored in the terminal equipment and preventing the use by third parties of thate equipment's processing capabilities.
Amendment 381 #
2017/0003(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Union or Member State law may restrict by way of a legislative measure the scope of the obligations and rights provided for in Articles 5 to 8 where such a restriction is limited to a range of targets based on reasonable suspicion, respects the essence of the fundamental rights and freedoms and is a necessary, appropriate and proportionate measure in a democratic society to safeguard one or more of the general public interests referred to in Article 23(1)(a) to (e) of Regulation (EU) 2016/679 or a monitoring, inspection or regulatory funnational security (i.e. State security), defence, public security, and the prevention, investigation, detection and prosecution of serious criminal offences or unauthorised use of electironic connected to the exercise of official authority for such interestsmmunication systems, and the request is done following a prior judicial authorization.
Amendment 385 #
2017/0003(COD)
Proposal for a regulation
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1a. Notwithstanding the restrictions of paragraph 1, Member States shall not impose any obligations on the provider of an electronic communications network or service that would result in the weakening of the security and encryption of their networks and services.
Amendment 391 #
2017/0003(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Providers of electronic communications services shall establish internal procedures for responding to requests for access to end-users’ electronic communications data based on a legislative measure adopted pursuant to paragraph 1. They shall provide the competent supervisory authority, on demand, with information about those procedures, the number of requests received, the legal justification invoked and their response. They shall keep detailed and secure records, in relation to all these requests.
Amendment 409 #
2017/0003(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. NThe use by natural or legal persons may useof electronic communications servicenetworks for the purposes of sending, directing or presenting direct marketing communications to end-users who are natural persons thatmay be allowed only in respect of end-users who have given their prior consent.
Amendment 413 #
2017/0003(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Where a natural or legal person obtains electronic contact details for electronic mail from its customer, in the context of the sale of a product or a service, in accordance with Regulation (EU) 2016/679, that natural or legal person may use these electronic contact details for direct marketing of its own similar products or services for a period of no more than 12 moths only if customers are clearly and distinctly given the opportunity to object, free of charge and in an easy manner, to such use. The right to object shall be given at the time of collection and each time a message is sent.
Amendment 2 #
2016/2903(RSP)
Citation 2
— having regard to Directive 2009/128/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for Community action to achieve the sustainable use of pesticides2 , and in particular Article 1 and Article 12 thereof; _________________ 2 OJ L 309, 24.11.2009, p.71.
Amendment 13 #
2016/2903(RSP)
Recital A
A. whereas the use of conventional plant protection products is increasingly contentious, due to the risks that they pose for human health and the environment, especially for the maintenance of biological diversity;
Amendment 54 #
2016/2903(RSP)
Recital K
K. whereas Article 12 of Directive 2009/128/EC provides that the use of low- risk plant protection products shall be prioritised in specific areas, such as areas used by the general public and protected areas, areas used by vulnerable groups and protected areas such as those which form the Natura 2000 ecological network across the EU;
Amendment 82 #
2016/2903(RSP)
Paragraph 3 a (new)
3 a. Underlines that the increased promotion and use of alternatives to synthetic chemical pesticides by farmers who adopt Integrated Pest Management (IPM) approaches can also be beneficial to neighbouring organic farmers;
Amendment 46 #
2016/2326(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Underlines that growth and regional, economic and social convergence cannot be achieved without good governance and the effective involvement of all partners at national, regional and local level, as is enshrined in the partnership principle (Article 5 of the Common Provisions Regulation (CPR)); acknowledges, however, that, in some cases, in the current programming period, the principles underlying the consultation process of the relevant stakeholders have been respected only from a formal point of view and calls thus for a more binding European Code of Conduct for the post- 2020 framework; asks the Commission, in this regard, to consider proposing a specific ex-ante conditionality on the partnership, that would aim at actually boosting the multilevel governance and at increasing the participation and the involvement of civil society both in the design and in the implementation of Cohesion Policy; reiterates that the EU cohesion policy’s shared management arrangement provides the EU with a unique tool to directly address the concerns of citizens in relation to internal and external challenges;
Amendment 56 #
2016/2326(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. WelcomesRegrets the late adoption of several operational programmes and the late designation of the Managing Authorities in some Member States; underlines that faster take-up of the available funds is vital in future, with a more balanced progression of expenditure during the programming cycle, also in order to avoid frequently turning to 'retrospective' projects, which are often funded with the sole aim of avoiding automatic decommitment; takes note of the acceleration in thed implementation of the operational programmes during the year 2016 and strongly encourages all actors involved to continue to speed up their activities;
Amendment 71 #
2016/2326(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses that although cohesion policy has mitigated the impact of the crisis and of the austerity measures, regional disparities and social inequalities remain high; calls for continuous action to reduce disparities, particularly in less developed regions, while maintaining support for transition and for more developed regions so as to facilitate ownership of the policy in all regions;
Amendment 124 #
2016/2326(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. OStrongly opposes macro-economic conditionalities and highlights that the link between cohesion policy and economic governance processes should be reciprocal and that a greater recognition of the territorial dimension would be beneficial for the European Semester; not be proposed again in the post-2020 framework; considers, in this regard, that the link-and the sanctions foreseen in the current article 23 of the Common Provision Regulation- are not only inappropriate but also very counter- productive as sanctions linked to deficits are likely to worsen the fiscal situation in the concerned Member States, and as a suspension of payments and/or commitments of ERDF or ESF would not only disrupt financial planning at the programme level but could also lead to projects being stopped on the ground; asks the Commission, moreover, to take into duly consideration the findings of the Sixth Cohesion Report, which states that, despite regional and local authorities being responsible for around 30% of total General Government expenditure and about 60% of General Government investment, the increase in public debt, as in the deficit, principally stems from central government activities;
Amendment 130 #
2016/2326(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls on the Commission to review the investment clause to enable regional and national investments co-financed through ESI Funds to be excluded from the calculation of national deficits in the framework of the European Semester;
Amendment 173 #
2016/2326(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Believes that grants should remain the basis of the financing of cohesion policy; notes, however, the gradual shift from grants to financial instruments and stresses that the use of these latter should not be an end in itself; points out that the replacement of grants by loans, equity or guarantees must be carried out with caution and only where such financial instruments demonstrate an added value, taking into account regional disparities and the diversity of practices and experiences; stresses the importance of assistance to local and regional authorities on the innovative financial instruments through platforms such as fi-compass;
Amendment 180 #
2016/2326(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Highlights that many regions suggest to create financial instruments adapted to specific regional needs; stresses, moreover, that grants remain necessary to support firms particularly in the context of less developed or less populated regions for risky projects that may not meet the necessary conditions for support under FIs schemes and for projects which do not guarantee immediate returns (e.g. projects in the fields of research, social projects, some infrastructure investments, active labour market policy);
Amendment 183 #
2016/2326(INI)
14. Calls on the Commission to ensure better synergies between the ESI Funds and other Union funds and programmes and to facilitate multi-fund options; warns that the EFSI should not undermine the strategic coherence anelcomes synergies such as the Seal of Excellence and calls for similar schemes foreseeing a quality certification, based long-term perspective of cohesion policy programming and insists on the additionality of its resources a thorough evaluation of the projects, to be implemented and enhanced in the post-2020 framework;
Amendment 205 #
2016/2326(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Invites the Commission to reflect on the development of alternative indicators-such as the Social Progress Index- to the GDP indicator, which remainsshould remain one of the legitimate methods for allocating ESI Funds fairly; such alternative indicators may include a demographic indicator or dynamic indicators based on social and employment aspects; stresses, furthermore, the relevance of outcome indicators to strengthen the result and performance orientation of the policy;
Amendment 270 #
2016/2326(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Stresses that a new cohesion policy that is also credible and perceived as closer to citizens and more commensurate with the real needs and vocations of local areas is needed now more than ever;
Amendment 285 #
2016/2326(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Notes that the core of the current cohesion policy legislative framework should be maintained after 2020 with a refined, easily accessible and result- orientated policy and with an added value of the policy which is better communicated to citizens; asks the European Commission to present the proposal for the new Regulation in early 2018, so as to enable a proper discussion with the European Parliament and the Council and a timely approval of the new legislative framework;
Amendment 292 #
2016/2326(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Stresses in view of the Commission’s proposal 2016/0282(COD) that the reception of migrants and refugees as well as their social and economic integration requires a coherent transnational approach, which should also be addressed through the current and future EU cohesion policy; considers that the contribution from Cohesion Policy could, however, be effective, especially in countries particularly exposed to migration flows only if accompanied by a genuine Europe-wide application of the principle of solidarity, and thus by actions aimed at a fair burden-sharing and at sustainable mutual assistance among the Member States;
Amendment 155 #
2016/2323(BUD)
Motion for a resolution
Paragraph 12
Paragraph 12
12. RecogniStresses the importance of the European agricultural sector in maintaining food security in the European Union; expresses its full support to the farmers affected by the Russian embargo orinappropriate sanctions against Russia and the dairy sector crisis; calls on the Commission therefore to continue to supportdevelop appropriate tools and measures to help farmers across Europe in coping with unexpected market volatility;
Amendment 3 #
2016/2305(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Expresses concern that the EU is lagging behind North America and parts of the Asia-Pacific region when it comes to 4G access and projections for 5G uptake; voices its concern at the fact that, as evidenced by the data currently available, none of the 28 Member States have achieved the Digital Agenda target of 100% high- and ultra-high-speed coverage; points out that average next- generation-access coverage currently stands at below 25% in some Member States;
Amendment 8 #
2016/2305(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Criticises the fact that free wireless provision is currently rather patchy and not properly tailored to needs; points out, in particular, that there is no overall strategy for promoting Wi-Fi access throughout the EU, including in rural and sparsely populated areas; believes that concerted efforts need to be made to establish a Digital Union in which 4G coverage is guaranteed throughout the EU, alongside the development of 5G;
Amendment 11 #
2016/2305(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Believes it important also to guarantee all EU households access to download speeds of at least 100 Mbps and the prospect of joined-up 5G provision in all urban areas and on all main roads and railway lines; points out, however, that there is no binding requirement for these objectives to be met by the Member States;
Amendment 26 #
2016/2305(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Commission to ensure that Member States, local authorities and other partners are able to engage with the complex range of grants, low-risk financial instruments and public-private partnerships that are available for connectivity projects; acknowledges the establishment of the Broadband Fund but urges the EIB and the Commission to focus efforts on improving existing programmes that support the IT sector, such as Horizon 2020, rather than creating new ones;
Amendment 37 #
2016/2305(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Commission to ensure that each Member State maps its network so as to be able to identify the digital exclusion zones, with a view to ensuring blanket 4G coverage alongside the development of 5G;
Amendment 42 #
2016/2305(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Calls on the Commission to provide support for new networks and innovative services, including 5G, and to tailor spectrum management arrangements to a highly technological environment and offer efficient means of providing a high-quality service and a secure user environment;
Amendment 68 #
2016/2305(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Recommends that the Commission should do all in its power to secure a gigabit society in the EU that is in keeping with the principle of economic, social and territorial cohesion;
Amendment 29 #
2016/2304(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes, on the other hand, that overall public awareness and perceptions about the effectiveness of the EU’s regional policy have been declining over the years; refers to the Eurobarometer 423 of September 2015 in which just over a third (34%) of Europeans affirm they have heard about EU co-financed projects improving the quality of life in the area where they leave; stresses, moreover, that, asked to identify specific domains that should be targeted for investment, an overwhelming majority of respondents (91%) mentioned education, health and social infrastructure as an important domain and that nearly nine in ten (86%) of those interviewed highlighted the importance of environmental policy;
Amendment 62 #
2016/2304(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Invites the European Commission and the Council to thoroughly analyse the underlying causes of the Euro-scepticism and to adequately address the underlying issues that may foster it, thus not merely indulging in an aprioristic and uncritical defence of the status quo;
Amendment 63 #
2016/2304(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Calls on the European Commission and the Council to consider if, in both current framework and in the post-2020 reform of Cohesion Policy, measures aimed at strengthening the link with the European semester and at implementing structural reforms via programmes financed by ESI Funds, could provoke an increase of a negative perception of the EU policies and could further undermine trust in the European project among the European citizens and the local and regional authorities;
Amendment 74 #
2016/2304(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recalls also the long-term strategic nature of cohesion policy investments, meaning that sometimes results are not seen immediately, which is detrimental to the visibility of its instruments, especially in comparison with other Union tools such as the European Fund for Strategic Investments (EFSI); calls for a more detailed evaluation of the long-term impact of cohesion policy in the Member States' labour markets, with a particular focus on the type-and not only on the number-of jobs created by ESI Funds;
Amendment 92 #
2016/2304(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Invites National, Regional and Local Authorities to provide DG REGIO, DG EMPL, DG AGRI, DG MARE with timely and detailed information on the financial data and the achievements of the relevant operational programmes, also in order to enhance the ESI Funds Open Data Platform and increase the transparency, accountability and comparability of the implementation of the programmes in the Member States;
Amendment 106 #
2016/2304(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Considers it necessary, in order to make cohesion policy genuinely more credible, to highlight sufficiently both 'good' and 'bad' practices, through databases that go beyond providing a scant description of the project and the expenditure incurred, thus enabling citizens to check effectively both the added value and value of most of the projects implemented and, in certain cases, their lack of usefulness in relation to a given local area;
Amendment 127 #
2016/2304(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Commission to increase the attractiveness of EU cohesion policy funding through further simplification and flexibility measures, as well as through reducing the number of regulations and through limiting thus both active and passive gold-plating;
Amendment 7 #
2016/2303(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas technical assistance provided by large firms to the national, local and regional authorities should not become an everlasting and standard practice but rather be used for the better training of the current staff in very specific cases (e.g. at the beginning of new programming periods) ;
Amendment 21 #
2016/2303(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Takes note ofIs deeply concerned about the establishment of the Structural Reform Support Programme (SRSP), and recognises its potential benefits fordeems that its rationale is totally inconsistent with the principles and objectives of cohesion policy, among other areas; considers, however, that in case ofopposes a possible prolongation of the programme, and stresses that resources should not be taken away from ESI Funds technical assistance; calls on the Commission to ensure maximum coordination between the actions financed by the SRSP and the technical assistance provided under the ESI Funds;
Amendment 29 #
2016/2303(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Takes note of the technical assistance strategy prepared by the Commission’s DG for Regional and Urban Policy; suggests a broader technical assistance strategy or other coordinating mechanism covering all DGs that deal with the ESI Funds, as well as the activities of the Structural Reform Support Service related to cohesion policy, in order to streamline the support provided, avoid duplication and maximise synergies and complementarities;
Amendment 67 #
2016/2303(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Draws attention to the European code of conduct on partnership, which defines the need to help the relevant partners strengthen their institutional capacity with a view to the preparation and implementation of programmes; considers, moreover, that the main principles and good practices enshrined in the article 5 of the European Code of Conduct and concerning the involvement of relevant partners in the preparation of the Partnership Agreement and programmes should be actually implemented, with particular focus on the issue of timely disclosure and easy access to relevant information;
Amendment 88 #
2016/2303(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Asks for a stricter control on the results of the activities of large private firms providing technical assistance to the public administrations, also in order to prevent conflict of interests and wasting of European and national funding;
Amendment 89 #
2016/2303(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17 b. Invites national, regional and local authorities to not rely on the technical assistance provided by private entities for extended periods of time but rather, in a general perspective, to carry out 'train the trainer' programs and empower their own staff, possibly with the long-term goal of hiring new qualified personnel and thus of building a more competent, self-reliant and specialised class of public administrators;
Amendment 271 #
2016/2276(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Considers thatalls on online platforms shouldto develop more effective voluntary measures and technical means of identifying and eliminating harmful and illegal content;
Amendment 328 #
2016/2276(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Stresses the importance of transparency in relation to data collection and considers that online platforms must respond to users’ concerns by informing them more effectively and clearly about what personal data is collected and how it is shared and used; is concerned that, in some cases, data collected by platforms contain sensitive information; urges the platforms, therefore, to inform users transparently both about the way in which the data are stored or processed and whether they are sold to third parties, to enable users to give their explicit consent to the processing of their personal data;
Amendment 348 #
2016/2276(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Encourages online platforms to provide clear, comprehensive and user- friendly ways of presenting their terms and conditions in order to enhance consumer protection and bolster trust; calls on online platforms to make the commission rates charged for services provided transparent, so as to enhance consumer confidence;
Amendment 366 #
2016/2276(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Calls on the Commission to evaluate platforms’ review systems and to put an end toassist platforms in combating certain practices, such as fake reviews and the deletion of negative reviews in order to make platforms comply with existing obligations; welcomes the efforts of many platforms in this regard to avert distortions in the arrangements for reviewing the services offered and calls on all platforms to endeavour to ensure that user reviews are truthful;
Amendment 374 #
2016/2276(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Calls on the Commission to assess the need for and the principles in relation to criteria, which could set the conditions under which online platforms may be made subject to further monitoring and assisted in order for them to comply with existing obligations and guidelines in a timely manner, in particular in the realm of consumer protection,; is convinced that these criteria should be able to adapt to local conditions;
Amendment 403 #
2016/2276(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Notes that online payments offer a level of transparencyIs concerned about the numerous cases of fraud that are continuing to occur within online platforms; urges the platforms, therefore, to ensure that thelps to protect the rights of consumers and entrepreneurs and necessary systems are in place to monitor online payments so as to minimise fraud risks, and to provide for simple complaints procedures in order to increase consumer confidence; such monitoring systems could be applied to the collection of data for taxation purposes, for example; notes that transparency facilitates the comparison of prices and transaction costs and increases the traceability of economic transactions;
Amendment 423 #
2016/2276(INI)
Motion for a resolution
Paragraph 40
Paragraph 40
40. Is concerned about problematic B2B practices by online platforms, such as a lack of transparency (e.g. in search results) and possible abuses of dominant positions and of the dual role of platforms as intermediaries and competitors; calls on the Commission to take appropriate measures in this regard;
Amendment 432 #
2016/2276(INI)
Motion for a resolution
Paragraph 41
Paragraph 41
41. Underlines that EU competition law and authorities need to guarantee a level playing field where appropriate, including in respect of consumer protection and tax issues; calls on the Commission to assess whether businesses which provide comparable services in the traditional economy and on online platforms can be subject to similar tax obligations, and is convinced that profits should be taxed in the Member State in which the economic activity takes place and profits are generated;
Amendment 435 #
2016/2276(INI)
Motion for a resolution
Paragraph 42
Paragraph 42
42. Welcomes the efforts made by the CommissMaintains that the continuing harmful or non-transparent tax practices of jurisdictions to fighthat function as tax havoidanceens are severely undermining competition and innovation also as regards online platforms and harmful competition ande particularly damaging to players seeking to enter the market; calls on the Member States and the Commission to propose further reforms to prevent tax avoidance practices in the EU;
Amendment 448 #
2016/2276(INI)
Motion for a resolution
Paragraph 44
Paragraph 44
44. Regrets that the EU’s presence in the world market is barely felt, in particular due to the current fragmentation of the digital market, legal uncertainty, the inability to attract investment from outside the EU and the lack of financing and capacity to market technological innovations, which make it difficult for European companies to become world leaders in this new economy and for start- ups to find an environment that fosters full development and local job creation;
Amendment 14 #
2016/2272(INI)
Motion for a resolution
Recital E
Recital E
E. whereas jobs have been lost in many industrial sectors in Europe, and whereas there is a need, on the one hand, for some production to be relocated, and, on the other, to promote the repair sector in order to generate non-relocatable jobsprofessionalism and skills that cannot be relocated and that add substantial value to the local social and economic fabric;
Amendment 65 #
2016/2272(INI)
Motion for a resolution
Paragraph 4 – indent 1
Paragraph 4 – indent 1
- by urging that priority be given to repairing goods which are still under guarantee, except where the repair is not expedient or would come at a proven additional cost, and using construction techniques and materials that make the repair of the item or the replacement of its components easier and less expensive;
Amendment 100 #
2016/2272(INI)
Motion for a resolution
Paragraph 5 – indent 2
Paragraph 5 – indent 2
- by obliging marketers to supply essential parts at a reasonable price and within a reasonable period of time, for a minimum period,guarantee an appropriate technical service for the consumer goods they manufacture or import and to supply essential parts at an appropriate price that is proportionate to the value of those goods, within a reasonable period of time, for a minimum period equivalent to at least the expected lifespan of the product;
Amendment 141 #
2016/2272(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Urges the Member States to use their public policies to promote the functional economy, to ensure that the durability of products is taken into account in public procurement and to increase the re-use rate of equipment purchased by public authorities, as well as to apply by 2030 the principle of extended producer responsibility, which would ensure that the components used in production cycles are used intensively;
Amendment 182 #
2016/2272(INI)
16. Calls for a definition to be drawn up of planned obsolescence, for hardware and software, so that producters who use lifespan is deliberately shortened can be banndesign techniques to reduce the potential useful life of a product can be banned and punished; calls, in that connection, for better legal protection for ‘whistle-blowers’;
Amendment 186 #
2016/2272(INI)
Motion for a resolution
Paragraph 17 – introductory part
Paragraph 17 – introductory part
17. Calls on the Commission to implement legislative initiatives and measures to improve consumer confidence:
Amendment 191 #
2016/2272(INI)
Motion for a resolution
Paragraph 17 – indent 1
Paragraph 17 – indent 1
- by maintainingtakes the view that the 24-month legal guarantee as established in the proposal for a directive COM/2015/063 on certain aspects concerning contracts for the online and other distance sales of goods should be a minimum threshold, whilst leaving Member States free to lay down more protective national provisions,;
Amendment 212 #
2016/2272(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Expects standards to be laid down for a minimum lifespan for softhardware, and calls for greater transparency regarding the upgradeability ofthe functionality of which must not be jeopardised where it cannot support software upgrading and, where equipment is upgraded, calls for it to be clearly explained whether the upgrade is compatible with the software version installed in the equipment;
Amendment 216 #
2016/2272(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 22 #
2016/2250(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas, according to the European Commission's estimates, the EU's blue economy represents around 5.4 million jobs and a gross value added of around € 500 billion per year;
Amendment 26 #
2016/2250(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Recalls that, while the outermost regions are in principle fully integrated into the European Union and assimilated to its legal order, their structural economic and social situation, which is aggravated by all the factors the permanence and combination of which severely restrain their development, in many cases renders impossible the standardised application of Union law; stresses, in this regard, that the principle of solidarity enshrined in the Treaties should not be a mere declaration of intent but rather a driving force both in the design and in the actual implementation of the EU policies;
Amendment 162 #
2016/2250(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Calls on the Union to remove all the regulatory obstacles, to authorise aid for the renewal of traditional fishing fleets in the outermost regions, to increase investment which is needed for the sustainable development of local fishing and to protect sensitive fishing grounds of the outermost regions; underlines that, as highlighted by several studies, overfishing and harmful fishing practices lead to detrimental impacts on the fragile marine environment, including the disturbance of habitats and biodiversity;
Amendment 178 #
2016/2250(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Welcomes the study launched by the Commission concerning the potential for sustainable blue development in the outermost regions and calls for a genuine European programme to be launched which is based on the outermost regions; stresses that some activities like the extraction of oil and gas located under the sea floor and the exploration for minerals from deep sea deposits may have severe impacts on sensitive marine areas, and disturb marine species and vulnerable ecosystems;
Amendment 181 #
2016/2250(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30a. recalls that marine litter can cause serious environmental and economic damage in the oceans worldwide, with huge losses for coastal communities, tourism, shipping and fishing and destruction of marine biodiversity; stresses that potential cost across EU for coastal and beach cleaning was assessed at almost €630 million per year by the European Commission, while the cost to the fishing industry could amount to almost €60 million, which would represent approximately 1% of total revenues of the EU fishing fleet (in 2010);
Amendment 39 #
2016/2245(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. whereas non-urbanised areas in the European Union are home to 113 million people, 12 million farms and 172 million hectares of agricultural land. and contribute widely to European economies, cultures and ecosystems;
Amendment 93 #
2016/2245(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Stresses the need to promote and support small and medium-sized mountain and rural farms which, by using traditional techniques and production methods that exploit natural resources – such as pastures and different types of forage crops – in an integrated and sustainable manner, produce products with specific quality characteristics and could contribute to inverting or decreasing the depopulation in these areas;
Amendment 96 #
2016/2245(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. notes with concern that regions where the sharp decline in working-age population is coupled with a relatively low educational attainment will be particularly hardly hit by demographic challenges;
Amendment 98 #
2016/2245(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. stresses that demographic changes can have a strong impact on environmental sustainability, as both depopulation of rural areas and the increasing urbanization affect eco- systems, nature conservation and the use of natural resources, with particular implications for urban land use, infrastructure, housing markets and greenery;
Amendment 170 #
2016/2245(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Stresses that the European Social Fund can improve employment prospects in declining regions and serve to stem trends of out-migration; in consideration of the pivotal role of the European Social Fund in dealing with social exclusion and poverty, asks the European Commission to not reduce its budgetary allocation in the post-2020 framework;
Amendment 176 #
2016/2245(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Regrets that, as highlighted by the European Court of Auditors Special Report No 5/2017, the EU Youth Guarantee, which should be aimed to help young people without jobs, training or education, has made limited progress, and its results fall short of initial expectations;
Amendment 179 #
2016/2245(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 215 #
2016/2245(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Invites the Commission to consider the establishment of new criteria that could pinpoint the territories facing demographic challenges ; considers that GDP and population density are not sufficient indicators in this regard and notes that other indicators across three broad dimensions of social progress- Basic Human Needs, Foundations of Wellbeing, and Opportunity- would allow for a better understanding of the economic and social challenges all over Europe;
Amendment 5 #
2016/2228(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Underlines that €40 billion from the ERDF and Cohesion Fund are to be invested in the low-carbon economy during 2014-2020 and invites all Member States and regions to take into account the necessity of a faster transition towards a more sustainable model based on the use of renewables and energy efficiency in their Operational Programmes;
Amendment 32 #
2016/2228(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Emphasises that the Arctic should be seen as a place of research, ecotourism, sustainable industry, green technology and know-how, as well as a site of many companies – especially SMEs – which thrive on innovative business models and innovative technologies; considers, that, as highlighted by several NGOS including Greenpeace, searching for more oil or gas in the Arctic does not solve the problem of energy dependency, while it exacerbates many other environmental problems and it can directly affect fishing and tourism in the regions where fracking is carried out;
Amendment 35 #
2016/2228(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Express its deep concern that the 2016 will set the record for least Arctic ice and that climate-related changes in Arctic ecosystems will have consequences not only at local level but also on a global scale because of the many links between the Arctic and the rest of the planet, including Europe;
Amendment 40 #
2016/2228(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Invites the Member states in the Arctic regions to take into consideration the proposal of the creation of a Sanctuary in the international waters of the Arctic which would prohibit, amongst other aspects, oil extraction in the area and would protect the biodiversity and endangered ecosystems in the area.
Amendment 64 #
2016/2223(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Takes the view that in order to better match product supply to demand, labelling rules that provide appropriate information on the origin of the ingredients and the production and processing techniques used would enable consumers to make more informed purchases, thereby having an indirect influence also on production factors, which would have a positive impact in environmental, economic and social terms;
Amendment 76 #
2016/2223(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Considers that increased research and information is needed on enabling access to secondary market opportunities and alternative uses for products which would otherwise be ploughed back into the soil or wasted; in this regard, those products that can still be used for non- food purposes should be clearly distinguished from that which is considered to be waste, in order not to jeopardise their re-use;
Amendment 117 #
2016/2223(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses that, in order to reduce wastage at the production stage, innovative techniques and technologies should be used to optimise performance in the fields and convert those products that do not meet market standards into processed goods;
Amendment 139 #
2016/2223(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Points out that the current production system, which is largely based on industrial agriculture, has helped obscure the awareness of the intrinsic value of food, encouraging its wastage; considers, therefore, that a greater focus on family, small-scale and sustainable farming could reverse this perception and prompt farmers to produce only the quantities that are really necessary, paying greater attention to the needs of consumers and the environment;
Amendment 4 #
2016/2222(INI)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
- having regard to the United Nations Convention on Biological Diversity (CBD),
Amendment 6 #
2016/2222(INI)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
- having regard to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES),
Amendment 6 #
2016/2222(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes the increased use of palm oil in processed food, with some 50 % of packaged goods now containing palm oil, and as a biofuel; notes that palm oil accounts for around one third of global consumption and some 60% of the global trade in vegetable oils; calls for clear and transparent labelling of palm oil in processed goods;
Amendment 7 #
2016/2222(INI)
Motion for a resolution
Citation 4 b (new)
Citation 4 b (new)
- having regard to the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP),
Amendment 28 #
2016/2222(INI)
Motion for a resolution
Recital C
Recital C
C. whereas companies trading in palm oil are generally unable to prove with certainty that the palm oil in their supply chain is not linked to deforestation;
Amendment 33 #
2016/2222(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas there are no reliable data available in producer countries on the areas of land given over to the cultivation of oil palms, whether it be authorised or not, and this obstacle, from the outset, detracts from the measures taken to certify the sustainability of palm oil;
Amendment 37 #
2016/2222(INI)
Motion for a resolution
Recital E
Recital E
E. whereas precious tropical ecosystems, which cover a mere 7% of the Earth’s surface, are under increasing pressure from deforestation and the establishment of oil palm oil plantations, which are resulting in, for example, the massive forest fires, which frequently affect the rainforest; whereas the deforestation caused by the establishment of oil palm plantations is leading to the drying up of rivers, soil erosion, the loss of groundwater, the pollution of waterways and the destruction of rare natural habitats, and even causing ecosystems to stop providing basic ecosystem services, which is having a major impact on the global climate; whereas the deforestation caused by the establishment of oil palm plantations is one of the factors contributing the most, and dangerously, to the loss of the basic ecosystem services provided by tropical forests, which is having a major impact on the climate, biodiversity, the conservation of natural resources and, lastly, the preservation of the global environment for present and future generations;
Amendment 41 #
2016/2222(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Points out that, originally, the cultivation of palm trees for oil was part of a traditional type of agriculture management in West Africa, which also included other plant species; highlights the fact that today, however, it is a monoculture on an industrial scale, with substantial use of fertilisers and pesticides, which is seriously endangering the environment and is also posing a problem due to its impact on local communities;
Amendment 45 #
2016/2222(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Expresses serious concern regarding deforestation in the Amazon region, in the light of what has already taken place in South-East Asia over the past few decades;
Amendment 49 #
2016/2222(INI)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Stresses that from an environmental point of view, oil palm monocultures form barriers which hamper the migration of animal species and facilitate the spread of plant diseases; points out that other negative effects are: a great vulnerability to wind, aridity, a greater incidence of fires and a lower capacity to capture carbon dioxide;
Amendment 51 #
2016/2222(INI)
Draft opinion
Paragraph 2 d (new)
Paragraph 2 d (new)
2d. Points out that palm cultivation is often accompanied by huge forest fires, which are needed for deforestation and to prepare the land and which damage not only the environment but also the health and safety of local populations;
Amendment 53 #
2016/2222(INI)
Draft opinion
Paragraph 2 e (new)
Paragraph 2 e (new)
2e. Stresses that the palm oil production process tends to have a negative impact on the quality of the water and soil, in addition to the local populations, which depend on the balance of natural forests for both their food and the hydrological cycle;
Amendment 55 #
2016/2222(INI)
Draft opinion
Paragraph 2 f (new)
Paragraph 2 f (new)
2f. Points out that Amazonia accounts for some 40% of the world’s tropical forests and encourages the stakeholders concerned to do their utmost to prevent its destruction in order to conserve its ecosystem and biodiversity heritage;
Amendment 56 #
2016/2222(INI)
Motion for a resolution
Recital H
Recital H
H. whereas demand for palm oil will, according to estimates, double by 2050; whereas new plantations are constantly being established and existing on, since the 1970s, 90% of the growth in palm oil production has been concentrated in Indonesia and Malaysia; whereas, according to the FAO, these countries will contribute significantly to the growth in total production of vegetable oils in developing countries, expanded in Indonesia, Malaysia and other Asian countries, as well as in Africa and Latin America; stimated to be 15.9 million tonnes in 2030 and 14.2 million tonnes in 20501 a; whereas, moreover, oil palm cultivation is taking off also in other Asian countries, as well as in Africa and Latin America, where new plantations are constantly being established and existing ones expanded; _________________ 1a http://www.fao.org/docrep/016/ap106e/ap 106e.pdf (FAO, World Agriculture Towards 2030/2050 - The 2012 Revision)
Amendment 63 #
2016/2222(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Points out that Malaysia and Indonesia are the leading producers of palm oil, accounting for some 85% of global production;
Amendment 64 #
2016/2222(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the loss of natural habitats in the form of rainforests is endangering the survival of a large number of species (e.g. the Sumatran rhinoceros, the Sumatran tiger and the Bornean orangutan)poses the greatest threat to the survival of the Sumatran rhinoceros, the Sumatran tiger and the Bornean orangutan, in addition to other animal and plant species which, alongside these, are included on the red list of the International Union for the Conservation of Nature (IUCN) as critically endangered species, interpreted as being an observed, estimated, inferred or suspected population size reduction of more than 80% over the last 10 years or three generations;
Amendment 65 #
2016/2222(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Expresses concern that in some cases, cultivation is linked to groups of guerrillas or other irregular and illegal formations, which force local populations to move to uninhabited areas; calls for greater attention to be paid to these effects on respect for human rights;
Amendment 66 #
2016/2222(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Calls for palm oil and its and its derivatives to be excluded from the EU- Indonesia Free Trade Agreement;
Amendment 69 #
2016/2222(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. whereas the heavy use of palm oil is primarily due to its low cost, which is made possible by the increase in the number of oil palm plantations in deforested areas; whereas, in addition, the use of palm oil in the food industry is in keeping with a model of mass, unsustainable production and consumption, which runs counter to the use and promotion of organic, high- quality, zero-food-mile ingredients and products;
Amendment 75 #
2016/2222(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Points out that according to a study by the European Food Safety Authority (EFSA), palm oil fats contain substances such as GE, 3-MCPD and 2- MCPD, considered to be harmful to health;
Amendment 76 #
2016/2222(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Notes that the University of Prague in 2004 and the German consumer protection authority in 2006 confirmed the presence of potentially carcinogenic contaminants in palm oil, identifying risks in over 400 food products, including cakes, biscuits, milk powder and products for children and babies;
Amendment 77 #
2016/2222(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Is fully aware of how complex the issue of palm oil is and notes the need to operate on the basis of thea collective, shared responsibility of many actors, be they the EU andbetween the EU, the Member States, international organisations, Member States,the governments of producer countries, in which palm oil is cdigenous people, national and multivnated and indigenous people, private businesses, or NGOs;ional businesses involved in producing, distributing and processing palm oil, consumer associations and NGOs; is convinced, moreover, that all of these actors must necessarily play a part in resolving this problem;
Amendment 78 #
2016/2222(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Calls for an immediate ban on the use of palm oil in processed food products and for palm oil to be replaced by other vegetable oils;
Amendment 86 #
2016/2222(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. NotHopes that palm oil canmay be cultivated responsibly and canfrom an environmental point of view, by avoiding deforestation and the establishment of plantations in replacement of peatlands and other fragile ecosystems, and that this may, at the same time, make a real contribution to the economicsustainable development of a country, provided that no deforestation occurs, that no plantations are established on peatlands, and that the rights ofproducer countries whilst respecting the rights of local people and indigenous communities; points out, in this regard, that the economic benefits deriving from the production of and trading in palm oil can genuinely contribute towards the development of a producer country only if they are fairly distributed among all stakeholders, starting with the local people and indigenous communities are respected;
Amendment 100 #
2016/2222(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes the existence of various types of voluntary certification schemes, including RSPO, ISPO and MPOCC, and welcomrecognises their development towards the sustainable cultivation of palm oilcontribution to the sustainable cultivation of palm oil; nevertheless points out that such voluntary certification schemes suffer from certain factors that limit their reliability from the outset, such as the incomplete knowledge of the concessions issued or scheduled for the cultivation of palm oil in producer countries, and the lack of permanent monitoring and control of compliance with certification requirements;
Amendment 110 #
2016/2222(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Commission to take steps to reduce palm oil imports from countries outside the EU, currently amounting to roughly 7 million tonnes a year, one possibility being to apply different customs tariff schemes;
Amendment 116 #
2016/2222(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Maintains that large-scale imports of low-cost palm oil constitute dangerous competition for vegetable oils produced in Europe, adding further to the difficulty of the situation in which European producers now find themselves;
Amendment 117 #
2016/2222(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on all stakeholders in RSPO and other voluntary certification systems to agree on a common definition of 'deforestation' and on the need to attain the target of 'zero deforestation' as quickly as possible;
Amendment 120 #
2016/2222(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls foron national and multinational companies that cultivate palm oil to use the High Carbon Stock (HCS) approach when developing their plantations; draws attention to the need to create a comprehensive land-us in a lawful manner, which is to say respecting the plan that will take into account the land used by local communities for the cultivation of food, peatlands and high conservation value (HCV) land, and will respect the right of communid rights of the indigenous populations and local communities and fulfilling the highest environmental standards and, above all, not damaging primary forests or peatlands; Calls on European companies that produce or use large quantities of palm oil to contribute actively to attaining the objectives to use the land on the basis of ‘free prset in the multilateral environmental agreements on climate actiorn and informed consent’ (FPIC)the protection of biodiversity;
Amendment 125 #
2016/2222(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Draws attention to the need to create a palm oil cultivation strategy that will take into account the land used by local communities for the cultivation of food, peatlands and high conservation value (HCV) land, and will respect the right of communities to use the land on the basis of ‘free prior and informed consent’ (FPIC); points out that mapping in producer countries, including through the use of satellite and geospatial technologies, is the only way to survey oil palm concesssions, assess the impact of that monoculture on natural resources, the environment and the countryside, to pinpoint the areas at greatest risk in terms of habitat continuity, to frame targeted strategies for forestation, reforestation and the creation of ecological corridors for the protection of endangered species, and in a realistic sense to improve voluntary certification systems;
Amendment 128 #
2016/2222(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Calls on the European Union to support the efforts that must be made to map oil palm cultivation in producer countries and calls on the Commission and Member States to endorse the need, as part of the dialogue with those countries, to impose a freeze on the area under oil palm cultivation, including by introducing a moratorium on new concessions, in order to safeguard the remaining rainforest;
Amendment 131 #
2016/2222(INI)
Motion for a resolution
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Points out that the United Nations Environmental Programme (UNEP) also views the mapping and monitoring of concessions, supported by an appropriate regulatory framework, as the only instruments that will enable the sustainable management of palm oil production, protection of the remaining rainforest and the framing of strategies to reduce greenhouse gas emissions and conserve biological diversity in producer countries 8 a; _________________ 8a http://www.unep.org/pdf/Dec_11_Palm_P lantations.pdf
Amendment 132 #
2016/2222(INI)
Motion for a resolution
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Calls on the European Union and Member States to support the initiatives aimed at acknowledging and assessing the non-monetary value of the ecosystem services provided by forests, help achieve the global objectives on forests established by the United Nations Forum on Forests (UNFF)2 a and facilitate the negotiation of the multilateral agreement on forests, which should be legally binding and help safeguard forest ecosystems, protecting them from other competing forms of land use and use of natural resources; _________________ 2a http://www.un.org/esa/forests/
Amendment 134 #
2016/2222(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls for the EU to continue to initiapromote voluntary partnership agreements, such as FLEGT; notes that a similar approach could also be taken with regard to palm oil, and that it could lead to improved controls on the palm industry in countries of destination; and calls on the Commission to step up the FLEGT negotiations currently in progress such as, for example, the one with Malaysia;5 a considers it particularly important that the EU undertake to initiate these agreements in the countries where illegal logging and the sale of products relating to this are linked directly or indirectly to deforestation with a view to creating new oil palm plantations; notes that an approach similar to FLEGT could also be taken with regard to palm oil, and that it could lead to improved controls on the palm industry in countries of destination; _________________ 5a http://www.euflegt.efi.int/vpa The EU has concluded FLEGT agreements with Cameroon, the Central African Republic, Ghana, Indonesia, Liberia and Congo and is negotiating such agreements with Côte d'Ivoire, DRC, Gabon, Guyana, Honduras, Laos, Malaysia, Thailand and Vietnam.
Amendment 145 #
2016/2222(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls for the EU to create, as a supplementary element of voluntary partnership agreements, follow-up legislation on such agreements with regard to palm oil along the lines of the EU Timber Regulation; points out at the same time that only partial data is currently available on the implementation of that Regulation and, in particular, that precise information is still not available on fulfilment of the obligations contained therein in respect of due diligence, monitoring and verification, and effective implementation of the ban on the sale of illegally-harvested timber4 a ; urges the Commission therefore to devote more energy to the practical implementation of the Timber Regulation, in order to better gauge its effectiveness and ascertain whether and to what extent it can be taken as a model for a new EU legislative act designed to prevent the sale in the EU of palm oil that is non-sustainable or produced in an unlawful manner in the countries of origin; _________________ 4ahttp://eur-lex.europa.eu/legal- content/IT/TXT/HTML/?uri=CELEX:520 16DC0074&from=EN;
Amendment 146 #
2016/2222(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls for the phasing-out of all land-based biofuels, such as palm oil biodiesel, that drive deforestation and compete against food production for land or do not, thus making it difficult to significantly reduce greenhouse gas emissions and leading to higher food prices; calls in addition for a mandatory origin labelling system for biofuel ingredients;
Amendment 149 #
2016/2222(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Commission, in cooperation with the non-profit sector, to launch information campaigns and to provide consumers with comprehensive information on the environmental and social consequences of the reckless cultivation of palm oil; calls on the Commission to ensure that information confirming that a product is not linked to deforestation is provided to consumers by means of a special indication on the product; calls on the Commission and Member States to support research into the effects of palm oil consumption on human health, and particularly on children's health, since it is often used as an ingredient in many processed food products;
Amendment 175 #
2016/2222(INI)
Motion for a resolution
Paragraph 8 – indent 2
Paragraph 8 – indent 2
- has not given rise to social problems oreconomic, social and environmental conflicts,
Amendment 178 #
2016/2222(INI)
Motion for a resolution
Paragraph 8 – indent 2 a (new)
Paragraph 8 – indent 2 a (new)
- does not cause a loss in biodiversity, commencing with endangered animal and plant species ,
Amendment 180 #
2016/2222(INI)
Motion for a resolution
Paragraph 8 – indent 3 a (new)
Paragraph 8 – indent 3 a (new)
- is not produced in such a way as to infringe the human rights of the local populace,
Amendment 193 #
2016/2222(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission to strengthen environmental measures in its trade agreements with a view to preventing palm oil-related deforestation; considers also that, to ensure consistent Union external action in the fields of environmental protection and development cooperation in line with the objectives set out in Articles 191 and 208 TFEU, this issue should also be addressed in partnership and cooperation agreements and association agreements with the third countries concerned in the context of discussions relating to the environment and development chapters thereof 3a ;
Amendment 203 #
2016/2222(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission to increase import duties on palm oil that is directly linked to deforestation and that does not reflect the real costs associated with the environmental burden; notes that this instrument will require the involvement of certification schemesproduced in a manner directly or indirectly connected with deforestation, reflecting more accurately the real costs associated with the environmental burden in particular the impact on biodiversity, the reduction in the number of plants that function as carbon sinks and CO2 combustion emissions; notes that this instrument will require the involvement of certification schemes; asks the Commission also to consider the introduction and application of non- discriminatory tariff and non-tariff barriers based on the carbon footprint of this product;
Amendment 229 #
2016/2222(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission to support activities aimed at creatensure that EU policies, including the EU common commercial policy, are established and conducted ing a synergy between the CAP and policies whose objective is to reduce deforestation (REDD+, Biodiversity Strategy); calls on the Commission to assess the potmanner consistent with programmes to combat deforestation in developing countries, such as REDD +; calls on the Commission and the Member States to undertake to ensure that such afforestation and reforestation programmes, as well as being technically and scientifically feasible and resulting in measurable benefits, are implemented in such a way as to respect fully the human rights of local communities and indigenous populations; calls on the Commission and the Member States also to ensure that the environmential consequences of reformproblems related to deforestation caused by palm oil are also discussed ing the CAP for countries outside the EU27, as this has the potential to lead tolight of the objectives set by the European Union Biodiversity Strategy to 2020, which should be an integral part of the Union's external action in this area; calls on the Commission to ensure that CAP reform does not lead directly or indirectly to a further massive deforestation;
Amendment 242 #
2016/2222(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Notes that Member States have an opportunity to support steps aimed at establishing the sustainable cultivation of palm oil by ratifyupholding the Amsterdam Declaration;
Amendment 251 #
2016/2222(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Commission to push for the use of palm oil as a component of biodiesel to be phased out by 2020 at the latestnotes with concern that 46% of total palm oil imported by the EU is used for the production of biodiesel and that this involves the use of about one million hectares of tropical soils; notes the existence of major imbalances within the Union, with Italy and Spain obtaining over 90% of biodiesel from palm oil and the Netherlands exporting almost 100% of this product to other Member States and third countries; recalls Special Report 18/2016 of the EU Court of Auditors, which concluded that, because of weaknesses in the Commission’s recognition procedure and in the subsequent supervision of voluntary schemes, the EU certification system for the sustainability of biofuels is not fully reliable7a; asks the Commission to act therefore to ensure that the use of palm oil as an ingredient for biodiesel is banned as soon as possible and in any case by 2020;
Amendment 8 #
2016/2151(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that the main sources of errors are those found in the application of rules on eligibility, infringements of public procurement rules and state aid rules; underlines that errors made in 2015 may also be corrected before closure; notes with satisfaction the significant improvements in audit authorities’ controls compared to the previous year; stresses that ineligible costs in expenditure declarations and ineligible projects account for three quarters of the error, while serious infringements of public procurement rules make up one seventh of the total (one half in 2014);
Amendment 22 #
2016/2151(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Urges the Commission through the HLG1 to pay specific attention to national eligibility rules in its audit of national management and control systems, helping Member States to simplify them; urges the Commission to clarify to Member States the notion of recoverable VAT by providing guidance in particular for public beneficiaries, small and medium enterprises, to avoid different interpretation of the term 'non- recoverable' VAT and avoid a sub-optimal use of EU funds; _________________ 1 High Level Group of Independent Experts on Monitoring Simplification for Beneficiaries of the European Structural and Investment Funds
Amendment 43 #
2016/2151(DEC)
Draft opinion
Paragraph 7
Paragraph 7
7. Notes with concernTakes note that the average disbursement rate for 1 025 ERDF and ESF financial instruments was 57 % at the end of 2014, which represents only a 10 % increase compared to 2013; notes the Court’s observation on the extention of the eligibility period of disbursements made to final recipients within financial instruments by means of a Commission Decision rather than an amending Regulation; expresses concern that the Court might consider all disbursements after 31 December 2015 irregular; Notes with concern that, as highlighted in the 2016 ECA report "Implementing the EU budget through financial instruments – lessons to be learnt from the 2007-2013 programme period" a significant share of initial endowments of ERDF and ESF financial instruments during 2007-2013 programming period was spent on management costs and fees and that the fee level was significantly higher than for centrally-managed instruments or private- sector investment funds when compared to the financial support actually provided to final recipients;
Amendment 47 #
2016/2151(DEC)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Recommends that the Commission should recover unused cash balances in financial instruments under shared management and remaining unused funds in indirect management financial instruments from previous MFFs for which the eligibility period has expired;
Amendment 48 #
2016/2151(DEC)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Invites the Commission to re- evaluate the ex-ante assessment for the CEF debt instrument in the light of creation of the EFSI and to thoroughly assess the impact of EFSI on other EU programmes and financial instruments;
Amendment 49 #
2016/2151(DEC)
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7 c. Urges the Commission to ensure that all the expenditure related to ERDF and ESF financial instruments for the 2007-2013 programming period are included sufficiently early in the closure declarations to enable audit authorities to carry out their checks;
Amendment 1 #
2016/2148(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Takes note of the Commission communication regarding negotiations of partnership agreements (PAs) and operational programmes (OPs) as required by Article 16(3) of the Common Provisions Regulation (CPR) and considers it disappointing that the Commission, instead of producing a report, as was originally intended, has merely submitted a communication;
Amendment 8 #
2016/2148(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Is of the opinion that the European Structural and Investment Funds (ESI Funds) are crucial investment tools, including for rural areas, and that the European Agricultural Fund for Rural Development (EAFRD) is one of the main financing vehicles for boosting rural development in many Member States;
Amendment 10 #
2016/2148(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Considers that the ESI Funds should be used to promote high-quality jobs, totally free of abuse and exploitation, and to support sustainable development, focusing in particular on the circular economy and renewable energy sources in a low-carbon context serving also to reduce pollutant emissions;
Amendment 11 #
2016/2148(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the negotiations for PAs and Operational Programmes (OPs) for the period 2014-2020 have been a modernised, strongly adjusted and intensive exercise with a new framework for performance- based budgeting, ex-ante conditionalities and thematic concentration, resulting inadvertently, also because of clear shortcomings in the administrative capacity of several regions and Member States, in serious delays in the actual commencement of cohesion policy implementation;
Amendment 19 #
2016/2148(INI)
Motion for a resolution
Recital F
Recital F
F. whereas cohesion policy is confronted in the current period with many challenges, deriving from the financial crisis, austerity policies and the management of the migration issue, leading to a decrease in public investment in many Member States, leaving the ESI funds and co-financing by the Member States as the main tool for public investment in many Member States, and from the migration crisis;
Amendment 23 #
2016/2148(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3α. Points to the importance of the EAFRD for micro, small, and medium- sized enterprises;
Amendment 39 #
2016/2148(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes that Europe has been going through a difficult phase in both economic and political terms, so that a decent investment policy that is close to citizens and more commensurate with the real needs and vocations of local areas is needed now more than ever;
Amendment 48 #
2016/2148(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Observes that the key communication on cohesion policy projects should focus on European added value and the visibility of success stories; insists that communication on the subject of the ESI Funds should be modernised and intensified; considers it necessary, in order to make cohesion policy genuinely more credible again, to highlight sufficiently both 'good' and 'bad' practices, through databases that go beyond providing a scant description of the project and the expenditure incurred, thus enabling citizens to check effectively both the added value and value of most of the projects implemented and, in certain cases, their lack of usefulness in relation to a given local area;
Amendment 61 #
2016/2148(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Believes that it is necessary, when making use of ESIFs, to separate co- financing from the Stability and Growth Pact;
Amendment 67 #
2016/2148(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Considers that the more flexible structure of the EAFRD was not fully taken advantage of by some Members States and regions which perceived a risk of increased complexity and control requirements; expresses disquiet at the results for less developed regions and regions in transition, which are the worst recorded to date;
Amendment 83 #
2016/2148(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Supports the shift from a focus on major infrastructure-related projects towards a focus on stimulating the knowledge economy, innovation and social inclusion;
Amendment 94 #
2016/2148(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Urges the Commission to work towards continuous monitoring of the use of ESIFs in order to make them effective and transparent;
Amendment 110 #
2016/2148(INI)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls on the Commission, in addition, to seek to harmonise definitions and rules in order to provide greater coherence among the funds and instruments.
Amendment 116 #
2016/2148(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. FavoursConsiders that the establishment of a balanced link between cohesion policy and the European Semester, as both wespecially where it consists of the option fork towards achieving the same aims under the Europe 2020 She Commission – provided for in Article 23 of the Common Provisions Regulation (CPR) – to propose amendments to the Partnership Agreement of a Member State to support the implementation of relevant Council Recommendations, runs totally counter to the economic, social and territorial cohesion aims laid down in the treategyies;
Amendment 154 #
2016/2148(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Supports a further balanced increase in financial instruments; aAsks the Commission, therefore, to come forward with incentives forto ensure that managing authorities to achieve thisare better informed on the opportunities for using financial instruments and their scope;
Amendment 167 #
2016/2148(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Notes, however, the lack of evidence on the outcomes and results achieved by financial instruments and the loose link between those financial instruments and the overarching objectives and priorities of the EU;
Amendment 236 #
2016/2148(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Underlines that faster take-up of the available funds is needed in future; takes the viewvital in future, with a more balanced progression of expenditure during the programming cycle, also in order to avoid frequently turning to 'consistent' projects, which are often funded with the sole aim of avoiding automatic decommitment; hopes that after adoption of the future regulation, implementation of the OPs will be able to start more quickly, as Member States will already have experience of a performance- oriented policy after the efforts made for cohesion policy 2014- 2020; regrets, however, in this regard, the delays on the part of several Member States in appointing managing authorities for the OPs;
Amendment 8 #
2016/2147(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Takes the view that excellence and competitiveness shouldmust remain the underlying principles of the EU Framework Programme for Research and Innovation, while the ESI Funds shouldmust target regional growth and cohesion; is therefore opposed to any criteria or quotas in the new Framework Programme which aim to influence geographic distribution or cohesion policy;
Amendment 10 #
2016/2147(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes the divergences in aims and focus, also regarding the management of financial resources, between the Framework Programme and the ESI Funds; takes the view, however, that efforts must be made to maximise synergies at programme level; with the aim of making the most of resources without adversely affecting territorial cohesion; on the one hand, therefore, Member States should use the smart specialisation strategies to take action in individual regions and on the other, the Commission must strengthen national contact points and relations with the managing authorities of national and regional ESI funds;
Amendment 24 #
2016/2147(INI)
Draft opinion
Paragraph 2 – subparagraph 1 (new)
Paragraph 2 – subparagraph 1 (new)
Stresses that these divergences would involve an organisational and management effort that could further increase the gap between the Member States and between the regions that use the funds more efficiently than others;
Amendment 55 #
2016/2147(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. WelcomNotes the principle and the potential of the Seal of Excellence, but notespoints out that it is insufficiently applied in practice and that its implementation might lead to a greater mismatch between SMEs that are more efficient in their use of the funds and those that are less so;
Amendment 68 #
2016/2147(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission, in drawing up the 9th Framework Programme and the ESI Funds regulations, to ensure that framework conditions are improved so as to boost synergies and complementarity between sector-specific R&I policy, the Structural Funds, and R&I funds and programmes.
Amendment 22 #
2016/2145(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Supports the Commission’s intention to remove barriers to the free movement of data and data services and disproportionate data localisation requirements by linking the European Cloud Initiative to the free flow of data proposal; considers that, in order to achieve a digital society, the free flow of data must be regarded as the fifth freedom within the Single Market;
Amendment 25 #
2016/2145(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Commission to promote initiatives seeking to secure a high level of technological independence in the cloud computing sector for the EU; points out that those initiatives should seek to protect data provided by private individuals and businesses and to raise skill levels and create jobs in the Union, with public-sector support;
Amendment 37 #
2016/2145(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Commission to identify best certification schemes and commonly used standards for data sharing across Member States, to lay out a market-driven pan-European set of standards facilitating data sharing while at the same time preventing data whose use is not specified from being transferred, and to prefer open and global standards over proprietary standards whenever justified;
Amendment 36 #
2016/2141(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the Member States, for their political decisions on land market policy, need comprehensive, up-to-date, transparent and high-quality data on price and volume movements on the land markets, as regards both ownership and renting, as well as clear social and environmental indicators regarding land ownership;
Amendment 47 #
2016/2141(INI)
Motion for a resolution
Recital E
Recital E
E. whereas a broad distribution of assets in agricultural land and of employment in the sector is an essential founding principle of the social market economy and an important precondition for the social cohesion of a country’s economy;
Amendment 50 #
2016/2141(INI)
Motion for a resolution
Recital F
Recital F
F. whereas farmland areaareas used for small-scale farming based on agroecological practices are particularly important for water management, emissions control and the climate, as well as for biodiversity and, soil fertility and the production of high-quality food, and are already suffering as a result of climate change and soil erosion;
Amendment 61 #
2016/2141(INI)
Motion for a resolution
Recital G
Recital G
G. whereas land ownership based on the principles of equality and inclusiveness, including access to common goods, is the best way of ensuring a responsible relationship with the land and sustainable land management, and also fosters identification and a sense of belonging, encouraging people to remain and to work in rural areas; whereas this has an impact on the socio-economic infrastructure of rural areas, and whereas the separation of ownership and possessionunfair distribution of land and resources increases the risk of a division within society, a loss in quality of work and life, and impoverishment;
Amendment 77 #
2016/2141(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the aim of Europe’s agricultural policy is a multi-functional agriculture characterised by capital-owning family and cooperative farms, equal access to resources, a broad distribution of assets, environmentally sustainable production methods and a diverse, residence-based agricultural structure with traditions, legal certainty and responsibility;
Amendment 88 #
2016/2141(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the concentration of farmland may results in the loss of agricultural jobs;
Amendment 102 #
2016/2141(INI)
Motion for a resolution
Recital K
Recital K
K. whereas farmland prices and rents have risen in many regions to a level which makes it economically impossible for many farms to hold on to rented land or acquire the additional land needed to keep smaller farms viable, as there is hardly any land on the market;
Amendment 121 #
2016/2141(INI)
Motion for a resolution
Recital L
Recital L
L. whereas EU policies and subsidies encourage concentration phenomena, speculation and land grabbing, as direct area payments disproportionately benefit large farms, and the use of these funds leads to a rise in land prices, which tends to exclude small and medium-sized undertakings from the land market;
Amendment 128 #
2016/2141(INI)
Motion for a resolution
Recital M
Recital M
M. whereas, particularly since the 2007 financial and economic crisis, purchases of farmland have been regarded as a safe investment and farmland has been bought up by non-agricultural investors and speculators, and whereas land ownership will remain a safe investment even in the event of future inflation;
Amendment 149 #
2016/2141(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls for the creation of a central observatory tasked with recording the level of farmland concentration in the EU, changes in land use and the concentration of land ownership and the market behaviour of owners and tenants, and with issuing regular reports;
Amendment 166 #
2016/2141(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Commission to create a legal basis in order to ensure the regular collection of data of comparable quality on rent levels and land prices in connection with all sales of farmland and farm shares by agricultural undertakings in all Member States and on price inflation caused by speculation;
Amendment 196 #
2016/2141(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes that land consolidation, with differing types of procedure in the framework of an integrated land management system that makes allowances for local and regional conditions, is an indispensable instrument for improving agricultural structure and settling land use disputes;
Amendment 212 #
2016/2141(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Takes the view that land policy must help to ensure a socially desirable broad distribution of land ownership and access to land, as ithis has direct implications for everyone’s living and working conditions and quality of life, and notesdraws attention to the important social function of land ownership given that a loss of farms and jobs will lead to the collapse of European smallholder agriculture and the demise of rural areas, and thus to structural changes that are undesirable for society as a whole;
Amendment 216 #
2016/2141(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Recommends that the Member States give young farmers priority in the purchase ofand local producers priority access to farmland, particularly at a time when non-farmers areof increasingly interested in purchasing agricultural plots from people wishing to use them for non- agricultural purposes;
Amendment 318 #
2016/2141(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Recommends to that end the adoption of a uniform definition throughout the EU of ‘active farmer’ which is clearly linked to the notion of work on a farm that involves the production of food;
Amendment 329 #
2016/2141(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission to monitor all policy areas to see whether they promote or counteract the concentration of agricultural land in the EU, as part of a participatory and inclusive process involving farmers and farmers' associations;
Amendment 3 #
2016/2101(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Acknowledges the greater coherencTakes note of the new mainstreamed European Semester, which allows for more opportunities to engage and communicate with Member States and stakeholders at all levels;
Amendment 14 #
2016/2101(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Is concerned by the cumulative lack of investments, which affects long-term growth and job creation; regrets the late adoption of the Operational programmes in the current programming period; stresses the importance of swift and consistent implementation of cohesion policy 2014- 2020 operational programmes and other EU-funded programmes and initiatives; underlines also the necessity of enhancing multi-level governance and improving the overall quality of public administration, both horizontally and vertically and involving civil society already in the early stage of programming;
Amendment 17 #
2016/2101(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. RecognisDeplores the strong links that cohesion policy has established with the wider economic governance framework by providing support for recovery efforts to stimulate compliance with the European Semester rules; underlines, however, that, as the legitimacy of cohesion policy derives from the Treaties, and that this policy is the expression of European solidarity; is therefore of the opinion that measures linking the effectiveness of ESI Funds with sound economic governance should be applied judiciously, with cautpunish sub- national level actors for failures of processes that are steered at national level, and that there are therefore counterproductive for the development of regions and only as a last resortmunicipalities, also considering that the reprogramming would entail a further administrative burden to Local and Regional authorities; recalls, moreover, that the decision of the application of such measures should always take intobe taken considerationing the specific socio- economic circumstances of the Member State concerned, in order to avoid restricting regional and local investments;
Amendment 35 #
2016/2101(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Believes that ensuring the transparency and effectiveness of public expenditure is essential for creating a growth-friendly environment; welcomes the factremarks that several Member States have been able to address the CSRs in their operational programmes (OPs) by means of targeted investments or reforms undertaken in the context of ex-ante conditionalities; appreciates the fact that the ESI Fund investments already contribute to the implementation of structural reforms and improve overall economic performanceconsiders that the rationale of the ESI Funds do not lie in the implementation of structural reforms and that the ESI Funds remain the main tool for public investment in Member States;
Amendment 42 #
2016/2101(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Is of the opinion thatStrongly opposes the Structural Reform Support Programme (SRSP) should provide dedicated and targeted support to Member States on a voluntary basis to assist them with the design and implementation of institutional, structural and administrative reforms, only when such reforms cannot be addressed by other instruments or supported by other types of technical assistanceand regrets that EUR 142 800 000 will be deduced from the technical assistance resources of 2014-2020 ESI Funds programming; emphasises that the budgetary transfer from the technical assistance under cohesion policy to the SRSP at the initiative of the Commission should not be a precedent for any future proposals.
Amendment 1 #
2016/2098(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Takes note of the signature by the EIB in 2015 of EUR 77.5 billion (of which EUR 69.7 billion within and EUR 7.8 billion outside the Union) in new operations in the areas of innovation, SMEs, infrastructure and environment, as well as support for refugee housing and investment in regions affected by the refugee crisis; also takes note that in 2015, EFSI financed 126 projects amounting to EUR 7.5 billion and mobilising EUR 50 billion of investmentsnotes the launch of the EFSI, the legislation governing which entered into force in July 2015; stresses that the programme is failing to ensure the quality, additionality, economic and social usefulness and sustainability of the projects financed;
Amendment 3 #
2016/2098(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Deplores the fact that the list of projects selected for funding under the EFSI includes infrastructure with a high environmental impact and dubious additionality, such as steelworks, biorefineries, petrochemical plants and regasification and gas storage facilities; criticises the fact that in many cases the EIB has failed to take action on reports from local authorities, stakeholder communities and civil society groups of environmental and social legislation being breached by funding recipients and by the projects financed, claiming that it was not its responsibility to carry out the necessary investigations; calls on the EIB, with reference to the precautionary principle, to withdraw funding wherever there is any suspicion of environmental infringements and damage to society or to local communities;
Amendment 6 #
2016/2098(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Notes that the considerable EFSI support being provided for energy, energy efficiency and renewable energy projects has been made possible only by cutting ordinary EIB investment in those sectors by an equal amount, thus suggesting that the majority of EFSI loans have not complied with the principle of additionality; takes the view that EFSI- funded loans should be additional to ordinary EIB investment;
Amendment 7 #
2016/2098(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Criticises the fact that less than 20% of the projects given EFSI funding approval focus on research, development and innovation, human capital and the environment and energy efficiency;
Amendment 8 #
2016/2098(INI)
Draft opinion
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Deplores the fact that as much as 15% of all EFSI investment in the energy sector has been channelled into fossil-fuel projects, in particular projects for regasification and gas storage facilities; calls on the EIB to give serious thought to phasing out loans for projects involving the production of non-renewable energy;
Amendment 9 #
2016/2098(INI)
Draft opinion
Paragraph 1 e (new)
Paragraph 1 e (new)
1e. Deplores the almost total lack of information and disaggregated statistics on the projects financed, in particular as regards each individual project’s expected impact, benefits and additionality; calls on the EIB to publish all available information about and findings of impact assessments for operations carried out within the framework of the EFSI; calls also on the EIB to set out in detail the added value and additionality of each individual project financed and the contribution each makes towards the pursuit of the EU’s strategies and long- term objectives;
Amendment 10 #
2016/2098(INI)
Draft opinion
Paragraph 1 f (new)
Paragraph 1 f (new)
1f. Is extremely concerned at the fact that the EIB is looking into the possibility of funding the Turin-Lyon high-speed rail link under the EFSI, despite this major project being excessively costly, unnecessary and economically, socially and environmentally unsustainable;
Amendment 22 #
2016/2098(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. WelcomNotes the level of financing of the objectives of economic and social cohesion (EUR 17 634 billion) and rural and urban regeneration (EUR 5 467 billion);
Amendment 27 #
2016/2098(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Recognises that the quality of the loan portfolio remains high thanks to the prudent risk management policies pursued; requests the EIB, however, to increase its risk appetite while maintaining a high loan portfolio level;
Amendment 37 #
2016/2098(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Deplores the involvement of the EIB in large-scale infrastructure projects with a serious environmental impact and lacking in real added economic and social value for the local population; calls on the EIB to finance only those projects whose implementation is not environmentally, financially or socially controversial, as demonstrated by a thorough prior assessment and an adequate cost-benefit analysis;
Amendment 39 #
2016/2098(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Is of the opinion that the EIB should take special care to ensure the reliability and maximum transparency of the network of financial intermediaries, checking that they are not involved in tax avoidance or abuse, corruption, money laundering, organised crime or terrorism, and that they are in a position to finance SMEs in an effective way and in accordance with EU environmental and social standards;
Amendment 44 #
2016/2098(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Is concerned that the SME Initiative is not delivering as planned; notes with concern the very opaque structure of the indirect financing operations for SMEs and the fact that they are carried out through speculative investment funds, which are geared towards maximum short-term profit but are entirely at odds with the objective of supporting the real economy and the SMEs themselves; points out that more effective, direct, and transparent funding mechanisms should therefore be identified;
Amendment 49 #
2016/2098(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Deplores the fact that the EIB’s transparency policy is still seriously lacking when compared to those of other international institutions, as confirmed by the 2016 Aid Transparency Index; calls on the EIB to publish on its website the disaggregated statistical data relating to each project funded inside and outside the EU, including, in particular, lending operations implemented through financial intermediaries, and to make fully accessible the results of the ex-ante and ex-post impact assessments for each of its projects, with a detailed explanation of the indicators and the selection and evaluation criteria used; calls on the EIB once again to ensure regular publication of the minutes of the meetings of its management and governing bodies;
Amendment 51 #
2016/2098(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Calls on the EIB to ensure public access to documents concerning internal investigations, reports and audits, particularly when they relate to issues of public interest or projects in which tax abuse or fraud and corruption have been identified, and to make all information fully accessible to Parliament;
Amendment 54 #
2016/2098(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Requests the Member States to make full use of their allocation of ESI Funds and additionality, thus complementing EIB loans and financial instruments; asks, moreover, for greater blending of grants with EIB financing; calls on the EIB to refrain from financing in any way projects infiltrated by criminal groups and to put funding for such projects on hold as a precautionary measure while investigations are under way;
Amendment 62 #
2016/2098(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls on the EIB to increase its financing of economic and social cohesion as well as of the urban objectives; calls, moreover, for the development of special financial instruments for macroregional strategies; stresses the importance of ensuring the efficient and responsible management of resources, with the aim of safeguarding the bank’s financing capacity for the years to come;
Amendment 65 #
2016/2098(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Takes the view that an increase in the EIB’s lending activity could be achieved through a better, more balanced allocation of resources; recalls that public-private partnerships (PPP) for the funding of projects of public interest are often founded on poor distribution of the financial risks of the investment, to the detriment of the public sector and to the sole advantage of the private sector, and may therefore lead to considerable losses for the public coffers, but with no real added value for society;
Amendment 66 #
2016/2098(INI)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Is concerned about the EIB’s readiness to allocate EUR 2 billion to the construction of the final stretch of the TAP (Trans-Adriatic Pipeline); calls on the EIB to refrain from financing in any way this expensive and controversial pipeline as a result of the considerable environmental, financial, seismic, tax and geo-political risks inherent in its construction;
Amendment 10 #
2016/2097(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Recalls that the high percentage increase (21 % ) in structural and cohesion fund irregularities reported as fraudulent in 2015 is exclusively due to the fact that payments for programming periods before 2007-2013 are almost finalised, but calls on the Member States, the local and regional authorities, and the Commission to enhance their vigilance in this regard;
Amendment 19 #
2016/2097(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Recalls that Member States have first-line responsibility for managing about 80% of the expenditure budget and for collecting almost all revenue; stresses that, as highlighted by the 2015 Activity Annual Report of DG REGIO, the reason for most interruptions and suspensions of Operational Programmes lies in deficiencies with the organisation of the management and control bodies, with the first-level management verifications, with the audit-trail, and the handling of financial engineering instruments;
Amendment 32 #
2016/2097(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Encourages the Commission to further promote the use of the Arachne risk analysis tools in Member States to enhance management verifications;
Amendment 35 #
2016/2097(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Calls on Member States to enhance their efforts in the areas highlighted by the Report from the Commission, and namely on: public procurement, financial crime, conflict of interest, corruption, whistle-blowing, definition of fraud;
Amendment 36 #
2016/2097(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Stresses that for the period 2008- 2014, of the total of 816 irregularities notified as being suspected fraud by the Member States, only 87 (10%) were established by OLAF as actual fraud; points out that non-fraudulent irregularities are often due to an insufficient knowledge of complex rules and requirements;
Amendment 41 #
2016/2097(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Recommends that steps be taken to improve the uptake of simplification measures for 2014-2020 with a view to the post-2020 regulatory framework for ESI Funds as a tool to reduce the risk of irregularities caused by errors, always taking into account the need for a proper balance between vigilance tools and simplified procedures;
Amendment 46 #
2016/2097(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses the need to conduct communication campaigns and take awareness-raising measures to inform citizens of the effectiveness of the anti- fraud measures put in place so as to avoid misconceptions regarding error rates and the number of frauds committed, also taking into account examples of communication best practices in the Member States; in a broader perspective, considers it necessary, in order to make cohesion policy genuinely more credible again, to highlight sufficiently both ‘good’ and ‘bad’ practices, through databases that go beyond providing a scant description of the project and the expenditure incurred, thus enabling citizens to check effectively both the added value and value of most of the projects implemented and, in certain cases, their lack of usefulness in relation to a given local area.
Amendment 53 #
2016/2097(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Is deeply concerned that, as underlined in the 2015 ECA Special Report, failure to comply with public procurement rules has been a perennial and significant source of error in cohesion policy and that serious errors resulted in a lack, or complete absence, of fair competition and/or in the award of contracts to those who were not the best bidders.
Amendment 89 #
2016/2077(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Acknowledges that in some Member States alternatives to barren-cage farming of rabbits existare being successfully attempted which reduce the incidence of disease and mortality rates and improve the welfare of farmed rabbits;
Amendment 99 #
2016/2077(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Encourages the use of pen systems for groups, which are the most suitable system for rabbits because of their highly social behaviour; points out that the use of pen systems improves the welfare of farm rabbits and reduces the incidence of abnormal behaviour amongst them, allowing them an existence more closely resembling their natural state;
Amendment 117 #
2016/2077(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Emphasises that, owing to the absence of species-specific animal husbandry legislation for rabbits in the EU, the breeding of rabbits is highly intensified and its architecture resembles a high-output industrial production system that frequently displays total disregard for these sentient creatures;
Amendment 172 #
2016/2077(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Advises that male rabbits over 12 weeks of age which are kept for breeding should always be housed separately in any system, owing to problems of aggression, so as to protect other specimens also;
Amendment 201 #
2016/2077(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Emphasises that abolishing the use of battery cages across the EU would have a positive impact on the protection of public health and would reduce the use of antibiotics in rabbit farming, which would also have benefits for the health of consumers;
Amendment 12 #
2016/2064(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. AcknowledgNotes the initial results of the European Fund for Strategic Investments (EFSI) to mobilise private investments; recalls that the EFSI must also contribute to economic, social and territorial cohesion and that efforts are needed to enhance synergies and complementarity between the EFSI and European Structural and Investment Funds (ESIFs); underlines the importance of ensuring additionality of the EFSI with respect to other EIB initiatives and EU- funded programs;
Amendment 17 #
2016/2064(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Expresses surprise at anticipated EFSI leverage in terms of private investment, given that the figures are based on estimates and not guaranteed results;
Amendment 30 #
2016/2064(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. WelcomNotes the publication of the Commission’s new guidelines of 22 of February 2016 on combining ESIFs and the EFSI; takes note, however, that the number of existing synergies between EFSI and ESIFs funds is still extremely low and calls on the Commission, the EIB, the national promotional banks and institutions (NPBI) and the managing authorities to accelerate the design and implementation of further synergies;
Amendment 34 #
2016/2064(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Expresses concern at the limited role of Parliament in EFSI implementation and the lack of transparency regarding specific project selection criteria, as well as the amounts allocated in each case, many of which are ‘not disclosed’;
Amendment 61 #
2016/2064(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Regrets that the EFSI is being used to fund projects involving fossil fuel energy sources such as oil and gas, as well as road haulage, biomass and biogas power plants and heavy industry; calls for a major effort in the implementation of this instrument to promote domestic production and energy self-sufficiency;
Amendment 81 #
2016/2064(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Expresses concern also at the proliferation of high-risk financial instruments for SMEs that are supported by the EFSI through banks or investment funds;
Amendment 1 #
2016/2047(BUD)
Draft opinion
Paragraph 1
Paragraph 1
1. Acknowledges the Commission’s efforts in developing the strategy ‘EU budget focused on results’; calls on the Commission to further simplify EU funding, especially with regard to the implementation and management of EU- funded projects, always considering the need for a proper balance between simplification and control;
Amendment 13 #
2016/2047(BUD)
Draft opinion
Paragraph 3a (new)
Paragraph 3a (new)
3a. Takes note of the Commission Press Release on the 2017 draft EU budget, issued on 30 June and stating that, based on the relatively slow take-up of certain spending programmes, especially in the area of cohesion policy, the Commission expects to receive fewer invoices in 2017 than in 2016; asks the Commission to provide the Parliament with more details on this issue and to consider the risk that this decrease in payments would create again a n important backlog of payments from 2017 onwards;
Amendment 20 #
2016/2047(BUD)
Draft opinion
Paragraph 5
Paragraph 5
5. Recalls that according to Article 7 of Council Regulation (EU, Euratom) No 1311/2013 laying down the multiannual financial framework for the years 2014- 2020, the Commission has reviewed, in 2016, together with the annual technical adjustment for 2017, all Member States’ total allocations under the “Investment for growth and jobs” goal of cohesion policy for the years 2017 to 2020; notes the effect of the adjustment is a EUR 4,6 billion increase in the 2017-2020 ceilings for commitments under heading 1b; stresses that, as Member States have agreed to adjust the cohesion envelopes for each Member State in 2016 (for the period 2017-20), in order to take fully into account the impacts of the economic crisis which hit Europe and its regions in 2009, the results of the recalculation of the envelopes provide additional resources to the countries and regions which were seriously hit, and namely: EUR 1,4 billion for Italy, EUR 1,8 billion for Spain and EUR 836 million for Greece; underlines the implications of this adjustment for the 2017 budget.
Amendment 12 #
2016/2045(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the EUSF relates, properly speaking, to natural disasters which have a direct impact on people’s lives in a given affected region;
Amendment 13 #
2016/2045(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas the difficulty in satisfying the conditions of eligibility for the EUSF is due largely to the fact that an affected region is complicated to define;
Amendment 28 #
2016/2045(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas the matter of bracketing events together has been one of the most difficult to deal with; whereas the regulation relates to events considered in isolation, each one, in other words, constituting a single disaster; whereas when a number of events of different kinds have occurred over a longer period of time, they may not be bracketed together; whereas, conversely, several events of the same kind occurring within a relatively short space of time can be treated as one major disaster if they are attributable to the same cause (as opposed to similar causes), even when they have occurred in different parts of a country;
Amendment 40 #
2016/2045(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls in addition for the EUSF to be activated in the event not only of natural disasters, but also of disasters caused by human agency;
Amendment 42 #
2016/2045(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Points out that the EUSF is financed outside the European Union budget, with a maximum allocation of EUR 500 million (at 2011 prices), on top of any amounts remaining from the previous year; criticises the fact that the EUSF lies completely outside the European Union budget and proposes that a minimum amount be earmarked under the budget for immediate action in the event of major natural or man-made disasters;
Amendment 61 #
2016/2045(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the Member States and recipient regions or areas to improve communication with the public, that is to say, the people affected;
Amendment 73 #
2016/2045(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Strongly criticises the fact that when the scale of a disaster is assessed, only direct damage is taken into consideration, without factoring in indirect damage, for example the revenue and production lost because economic activity has been halted, lower social security contributions, and the loss of future harvests;
Amendment 75 #
2016/2045(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Points out, in that connection, the importance of developing synergies between the various Union funds and policies with a view to forestalling, as far as possible, the impact of natural disasters and, in cases where the EUSF is activated, to guaranteeing the consolidation and the long-term development of reconstruction projects; maintains that whenever the EUSF is to be used, the Member State concerned should formally undertake to carry out all measures necessary for disaster prevention and the sustainable reconstruction of the areas affected; calls, when synergies are brought into play, for the process of using funds in combination to be simplified as far as possible in administrative terms in order to avert the red tape likely to arise from the fact of tapping several sources of financing at the same time; considers that such simplification should be implemented in accordance with a single pattern laid down at European level;
Amendment 107 #
2016/2045(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Deplores the fact that when a number of events, including events of different kinds, have occurred over a longer period of time in an area spanning one or more regions, it is not permitted to bracket those events together;
Amendment 4 #
2016/2041(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Considers, with a view to building a genuine circular economy and given the specific features of renewable energy sources and the need to apply them on every scale and to all sectors of activity and systems, from the smallest to the largest, that European regions, their cities, and their urban, peri-urban, and rural areas are the nerve-centres of the transformation to clean low-carbon societiesocieties with low emissions of carbon and other pollutants, such as heavy metals and dioxins;
Amendment 4 #
2016/2041(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. having regard to the targets set by Directive 2009/28/EC and the urgent need swiftly to phase out dependence on fossil fuels;
Amendment 11 #
2016/2041(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Considers that the ERDF and the Cohesion Fund ought to do much to meet the targets set by Directive 2009/28/ECStructural and Investment Funds and Horizon 2020 ought to do much to fund research and innovation in connection with renewable energy generation and to help meet the targets set by Directive 2009/28/EC and swiftly phase out the use of fossil fuels in all Member States;
Amendment 14 #
2016/2041(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Points to the importance of close and detailed monitoring of the use of EU funding for efforts to increase renewables' share of the energy mix, in order to compile a database to be used in assessing future strategies, as well as to keep track of funding and to assess its effectiveness;
Amendment 16 #
2016/2041(INI)
Draft opinion
Paragraph 4
Paragraph 4
Amendment 19 #
2016/2041(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Criticises the fact that, to date, the funding available under the ESI has not been used efficiently in the sector and believes that, in order to speed up progress towards meeting the targets set in Directive 2009/28/EC, more and better use needs to be made of that funding to step up renewable energy generation;
Amendment 19 #
2016/2041(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Believes also that steps should be taken to encourage the greatest possible degree of self-generation from renewable sources, starting with public buildings, in order to enhance overall self-sufficiency and, thereby, more generally, energy security;
Amendment 21 #
2016/2041(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Recommends the effective use of Horizon 2020 for research and innovation in the agricultural sector in order to step up renewable energy generation;
Amendment 26 #
2016/2041(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses that, in order to avoid energy market imbalances that could prevent the industry from developing in the most effective manner, the Commission should seek to prevent excessive concentration in the hands of individual firms or groups and instead to promote decentralised energy generation and self-generation;
Amendment 26 #
2016/2041(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Recognises the value of woodaste timber for energy purposes in contributing to the renewable energy targets of the 2030 climate and energy framework and in opening up new business opportunities;
Amendment 27 #
2016/2041(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Believes that the Commission should endeavour to prevent the ownership and running of electricity generation plants from being concentrated in the hands of a small number of large firms, in order to ensure that the market is suitably competitive, which will have a positive spin-off in terms of job creation and wealth distribution at local level;
Amendment 28 #
2016/2041(INI)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Believes also that steps should be taken to encourage, in all EU regions, the greatest possible degree of self-generation from renewable sources, starting with public buildings, in order to enhance overall self-sufficiency and, thereby, energy security;
Amendment 33 #
2016/2041(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Encourages European regions to continue with the measures taken or devised to move towards clean transport using energy from renewable sources; Considers that investment in electrical charging point systems, conceived on a regional scale, should constitute a priority for all European regions;
Amendment 37 #
2016/2041(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls on the Commission, by taking measurements in quantitative terms and in relation to the ESI funding to be mobilised for the transport sector (EUR 39.7 billion), to gauge the real impact that the Funds will have on greenhouse gas emission reductionefforts to reduce emissions of greenhouse gases and other pollutants and modal shift in the transport sector;
Amendment 39 #
2016/2041(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls, accordingly, on the Commission and the Member States not to pursue austerity policies in the sector, so as to avoid cuts in funding and support for renewables in EU regions;
Amendment 40 #
2016/2041(INI)
Draft opinion
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Calls on the Member States to draw up operational programmes to increase the use of renewable energy, and on the Commission not to include investment in the sector in deficit calculations;
Amendment 47 #
2016/2041(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Encourages the Member States and the Commission to promote the importance of the sustainable forest-based bioeconomybioeconomy based on forest waste matter and of wood as one of the EU’s crucial renewable raw materials;
Amendment 56 #
2016/2041(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Recalls that attention should be paid to the effects of changes in land use, given that it can have serious consequences in terms of climate change, hydrogeological instability, distortions of the market and prices, impact on society and employment and the pollution of the soil through a massive use of pesticides;
Amendment 67 #
2016/2041(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Points also to the importance of monitoring of the use of EU funds available to the agricultural sector to increase renewables' share of the energy mix, in order to compile an immediate database to be used in assessing future strategies, as well as to keep track of funding and to assess its effectiveness;
Amendment 75 #
2016/2041(INI)
Draft opinion
Paragraph 6
Paragraph 6
Amendment 16 #
2016/2032(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. WelcomesNotes the initiatives designed to diversify sources of funding and reduce the cost of capital for SMEs; stresses the need to improve the way in which capital markets fund the real economy, by developing alternatives to bank loans, and to make EU funding more attractive to SMEs;
Amendment 30 #
2016/2032(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Commission and Member States to provide a clear and stable legal environment, and to guarantee coordination, consistency and synergies between instruments and programmes which support SMEs, such as the European Structural and Investment Funds (ESI funds), Horizon 2020 and COSME; welcomes the Juncker investment plan, and draws SMEs' attention to the opportunities offered by the European Fund for Strategic Investment (EFSI);
Amendment 39 #
2016/2032(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses the need for banks to remain the principal source of credit for SMEs and for investment banks not to be favoured by means of securitisation instruments; takes the view, furthermore, that transferring risk from banks to non- banking institutions such as pension funds increases systemic risk and could give rise to new forms of moral hazard in that pension funds could in future run into difficulties and need to be bailed out using taxpayers' money;
Amendment 45 #
2016/2032(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Voices its concerns at the plan for a Capital Markets Union which, although intended to provide broader, more uniform access to credit for individuals and businesses, thus enhancing their financial inclusion, irrespective of the Member State in which they are based, will increase risk levels throughout the credit and capital system by financialising the economy and penalising savers, in particular in the medium and long term;
Amendment 50 #
2016/2032(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Stresses that the complexity of the rules and the amount of red tape involved in obtaining ESI funding, including disproportionate administrative costs and the time lag before payments are actually received, affects SMEs in particular; calls for a thorough simplification of the process, subject to proper attention being paid to the need for checks for fraud and errors, and urges the Commission to clarify how the rules governing ESI Funds and the rules on State aid fit together;
Amendment 80 #
2016/2032(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Points out that, if political action focuses solely on increasing the supply of credit, without addressing the problem of weak consumer demand resulting from, among other things, the increase in inequality, it is unlikely to generate significant development and new jobs;
Amendment 1 #
2016/0404(COD)
Proposal for a directive
–
–
The Committee on Employment and Social Affairs calls on the Committee on the Internal Market and Consumer Protection, as the committee responsible, to propose rejection of the Commission proposal.
Amendment 53 #
2016/0404(COD)
Proposal for a directive
–
–
The European Parliament rejects the Commission proposal on a proportionality test before adoption of new regulation of professions.
Amendment 63 #
2016/0403(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Directive 2006/123/EC requires Member States to put in place and keep constantly updated Points of Single Contacts where a service provider wishing to establish or to provide services can find all relevant information about requirements to be complied with and e-procedures in respect of all formalities, authorisations and notifications to go through. However, costly information challenges and difficulties complying with national procedures at a distance remain to date for service providers, namely for sector-related requirements. Cooperation between the administrations of different Member States should in principle take place via a more complex and sophisticated version of the Internal Market Information System (IMI), an IT-platform offered for cross-border exchange of information and mutual assistance between authorities in different Member States under that Directive. Despite the fact that authorities sometimes have doubts with regard to the legal establishment of a provider in another Member State, the possibilities for cooperation currently provided in IMI are not exploited to their full potential. To make this happen, the IMI system should be implemented with a public interface for service providers, interconnections with other relevant systems, a back-office function for national authorities, and a better system for data matching, data mining and data processing so that the authorities are able to carry out checks in real time and thereby limit the proliferation of fraudulent practices and letterbox companies.
Amendment 79 #
2016/0403(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) For reasons of coherence, possible conflicts between the present Regulation and other EU acts governing specific aspects of access or exercise of a service activity in a specific sector should be solved as provided for in Article 3 of Directive 2006/123/EC for conflicts between that Directive and such acts, with the application of those other acts. As a result, the provisions in the present Regulation cannot be relied upon in order to justify prior authorisation schemes, prior notification schemes or establishment requirements which are prohibited by other EU acts governing specific aspects of access or exercise of a service activity in a specific sector such as Directive 2000/31/EC of the European Parliament and of the Council of 8 June 200019. As a further result, this Regulation does in no way affect the obligations service providers should respect in accordance with Directive 96/71/EC of the European Parliament and of the Council20 and Directive 2014/67/EU of the European Parliament and of the Council21 . _________________ 19 , as well as the obligations laid down in Directives 2014/23/EU and 2014/25/EU and the procedures contained in the European Single Procurement Document (ESPD). _________________ 19 Directive 2000/31/EC of the European Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce in the internal market (OJ L178, 17.7.2000, p. 1) 20 Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18, 21.1.1997, p. 1) 21 Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (‘the IMI Regulation’) (OJ L 159, 28.5.2014, p. 11)
Amendment 89 #
2016/0403(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Description of the terms of coverage of a mandatory or voluntary insurance included in written contracts might be difficult to find. Insurance distributercompanies, as well as bodies appointed by a Member State to provide compulsory insurance, should therefore provide a description of the core elements of coverage to their client in the format of an insurance certificate. This certificate should be annexed to the application form. In order to ensure uniform implementation of this part of the Regulation, implementing powers should be conferred on the Commission to adopt a harmonised format for the certificates. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.
Amendment 92 #
2016/0403(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) HThis Regulation is without prejudice to Directive 2014/67/EU of the European Parliament and of the Council on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System. Therefore, holders of a European services e- card may want to second staff into the territory of the host Member State. When doing so, service providers may be subject to requirements, such as prior declarations addressed to the host Member State, necessary for the protection of posted workers. The European Services e- card will in no way affect the content of such declarations and the responsibilities by the host Member State in that regard.
Amendment 101 #
2016/0403(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) Certified translation of documents shouldmust not be required under this Regulation. The electronic platforms dealing with procedures shouldmust provide for a technical solution to translate their content. In order to ensure uniform implementation of this part of the Regulation implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council. Rules on translation of documents in the context of posting of workers and application for attestations regarding their social security contributions should not be covered by this Regulation.
Amendment 102 #
2016/0403(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Member States are entitled to charge fees only to the extent of the specific costs borne to carry out the procedure. Costs borne already by the budget of the Union should not give rise to fees charged by Member States. Member States should communicate their fees charged to the Commission through IMI and publish such information. Given that IMI is in essence offering all necessary facilities, Member States should, inter alia, not charge fees to update, suspend, revoke or cancel a European services e-card. In order to ensure uniform implementation of the provisions on the payment of fees, implementing powers should be conferred on the Commission to adopt rules on payment modalities and processing. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the CouncilThe European services e-card is a voluntary and entirely free instrument for the service provider. Member States are not entitled to charge fees for carrying out the procedure. Given that IMI is in essence offering all necessary facilities, Member States should, inter alia, not charge fees to update, suspend, revoke or cancel a European services e-card.
Amendment 105 #
2016/0403(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) Service providers obliged to acquire professional liability insurance in Member States where they have not been active often have difficulty demonstrating their claims history regarding cover obtained elsewhere. Claims histories are an essential element to insurance distributeors in ascertaining and assessing the risk profile of a potential client. Demonstration is difficult due to poor communication between insurance distributercompanies across internal market borders but also to disparities in describing the track-record of an insured party, even within the same Member State. Insurance distributercompanies and bodies appointed by a Member State to provide compulsory insurance cover should therefore be obliged to issue a statement relating to the third party liability claims which can then be used across borders and even domestically, should a service provider change insurance distributeor.
Amendment 117 #
2016/0403(COD)
Proposal for a regulation
Article 2 – paragraph 3 – subparagraph 2
Article 2 – paragraph 3 – subparagraph 2
This Regulation, in particular its Chapter III, shall be without prejudice to the rights of workers, the obligations of service providers and related controls in Member States laid down in Directives 96/71/EC and 2014/67/EU and shall not affect in any way the right of Member States to verify whether a company is established in their territory. Furthermore, in order to strengthen the rights and obligations laid down in those Directives, the Commission, after the transposition of this Directive, shall take action against cases of social dumping and consider the possibility of tabling a legislative proposal to extend the scope of EU competition law.
Amendment 120 #
2016/0403(COD)
Proposal for a regulation
Article 2 – paragraph 3 – subparagraph 2 a (new)
Article 2 – paragraph 3 – subparagraph 2 a (new)
Furthermore, this Regulation shall be without prejudice to Directives 2014/23 and 2014/25 and the procedures contained in the European Single Procurement Document (ESPD).
Amendment 126 #
2016/0403(COD)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
Any applications for a European services e-card shall be submitted in an electronic platform connected to IMI using a multilingual standard form, which shall differ according to the service.
Amendment 129 #
2016/0403(COD)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 3 – point a
Article 4 – paragraph 1 – subparagraph 3 – point a
(a) identification of the provider, including the social security number and, where applicable, registration numbers in central, commercial or company registers and for tax and social security purposes;
Amendment 156 #
2016/0403(COD)
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1
Article 10 – paragraph 1 – subparagraph 1
Amendment 158 #
2016/0403(COD)
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2
Article 10 – paragraph 1 – subparagraph 2
Amendment 159 #
2016/0403(COD)
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 3
Article 10 – paragraph 1 – subparagraph 3
Amendment 160 #
2016/0403(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
Amendment 162 #
2016/0403(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
Amendment 164 #
2016/0403(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. An insurance distributorcompany shall issue, within 15 days of receiving a request to this effect from the policyholder, a statement concerning the third party liability claims related to his activities covered by the contract of professional liability insurance, during the preceding years of the contractual relationship up to a maximum of 5 years, or to the absence of such claims, describing the liabilities arising from provision of the services in question which were the object of a claim.
Amendment 168 #
2016/0403(COD)
Proposal for a regulation
Article 12 – title
Article 12 – title
Obligations for insurance distributorscompanies.
Amendment 169 #
2016/0403(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
Insurance distributorcompanies and bodies appointed by a Member State to provide compulsory insurance shall duly take into account in the acceptance policy and in the calculation of premiums, in a non- discriminatory manner, the experience of the provider as reflected in the claims statement issued in accordance with Article 11, as presented by the provider.
Amendment 177 #
2016/0403(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
By 360 months after entry into force of this Regulation and at the latest every fivthree years thereafter, the Commission shall carry out an evaluation of this Regulation and submit to the European Parliament and the Council a report on its performance, including an analysis of the impact on administrative burden incurred upon by service providers active across borders. This report shall also include an assessment of any practical experience relevant to cooperation between coordinating authorities. This report shall contain an assessment of the appropriateness of introducing a European services e-card for other service activities. It shall contain an evaluation of Directive ….[ESC Directive]…in line with its Article 21.
Amendment 84 #
2016/0402(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Directive 2006/123/EC requires Member States to put in place and keep constantly updated Points of Single Contacts where a service provider wishing to establish or to provide services can find all relevant information about requirements to be complied with and e-procedures in respect of all formalities, authorisation and notifications to go through. However, costly information challenges and difficulties complying with national procedures at a distance remain to date for service providers, namely for sector-related requirements. Cooperation between authorities in different Member States should in principle take place viathrough a more complex and sophisticated version of the Internal Market Information System (IMI), an IT-platform offered for cross- border exchange of information and mutual assistance under that Directive. Despite the fact that authorities sometimes have doubts with regard to the legal establishment of a provider in another Member State, the possibilities for cooperation currently provided in IMI are not exploited to their full potential. Formalities associated with authorisations and notifications often require paper documents to be submitted and to be translated at a significant cost. Information regarding these obstacles is either not available online or is scarce, incomplete, dispersed and difficult to interpret in relation to the particular circumstances of a provider expanding across borders, as national rules often target purely domestic situations. Service providers often risk resubmitting information and documents. The IMI system should therefore be implemented with a public interface for service providers, interconnections with other relevant systems, a back-office function for national authorities, a better system for data matching, data mining and data processing so the authorities are able to carry out checks in real time and thereby limit the proliferation of fraudulent practices and letterbox companies.
Amendment 85 #
2016/0402(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) To make applying for the European services e-card easier, the Commission should produce a standard model for each service type.Each model should take the specific nature of that particular service into account, so as to standardise the e-card application procedure and make it easier for service providers.The models should be included in the IMI system together with guidelines for their use.
Amendment 96 #
2016/0402(COD)
Proposal for a directive
Recital 10
Recital 10
(10) This Directive clarifies the conditions under which service providers concerned can benefit from the European services e-card introduced by Regulation …[ESC Regulation]…, which respective role the home and the host Member State should have and which actions of the home Member State should be accepted by a host Member State. The European services e- card is a voluntary and entirely free instrument for the service provider.
Amendment 98 #
2016/0402(COD)
Proposal for a directive
Recital 11
Recital 11
(11) This Directive also includes a framework for the validity and the reasons for suspending or revoking a European services e-card throughout the European Union. WFor service providers applying for a temporary cross-border provision, the validity of the e-card should be set at 36 months. Service providers applying to provide services through branches, agencies and offices should be eligible for an e-card of indefinite duration. Furthermore, whenever a service provider cannot legally continue to provide services across borders, the reason for which it initially applied for an e-card, that same e- card should be suspended or revoked, accordingly.
Amendment 100 #
2016/0402(COD)
Proposal for a directive
Recital 12
Recital 12
(12) The main purpose of the European services e-card is to introduce a uniform and simplified procedure for service providers wishing to expand provision of services across internal market borders. The e-card represents an electronic certificate, issued through the IMI online platform, stating that a service provider is legally established in a Member State (the home Member State). Host Member States where a service provider is interested in expanding to should furthermore not apply, to holders of an e-card, their prior authorisation or notifications schemes put in place under national law to control access to or exercicse of service activities, which is already the object of control before issue of a European services e-card.
Amendment 102 #
2016/0402(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Certain requirements and related authorisations and notifications governed by Directive 2006/123/EC should not be the object of controls in the context of issuing a European services e-card given their complexity or the involvement of third actors which the uniform procedural workflow of the European services e-card cannot suitably accommodate. This concerns selection procedures for granting authorisations limited in number and controls of site-specific conditions, be it for the site of actual provision of services or for the site where the provider establishes its operations. Similarly a European services e-card is also not suited to accommodate selection procedures for the performance of public contracts, design contests or concessions. Furthermore, the principles laid down in this Directive shall be without prejudice to Directives 2014/23/EU and 2014/25/EU and the procedures contained in the European Single Procurement Document (ESPD).
Amendment 104 #
2016/0402(COD)
Proposal for a directive
Recital 15
Recital 15
(15) In the same vein, controls applicable to service providers which are already the object of other horizontal EU legislation should remain excluded. This is the case of requirements and controls related to recognition of professional qualifications under Directive 2005/36/EC of the European Parliament and of the Council21 and for Directive 2014/67/EU of the European Parliament and the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System, even if mentioned in sector- specific legislation. _________________ 21 Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (OJ L 255, 30.9.2005, p. 22).
Amendment 109 #
2016/0402(COD)
Proposal for a directive
Recital 18
Recital 18
(18) In addition, Member States should not be allowed to impose on holders of a European services e-card any service provision related authorisation or notification schemes prior to a service provision. Member States should not repeat, wholly or partially, controls previously performed in the context of issuing the European services e-card once provision of services has started in the host Member State. Authorisation or notification schemes such as those deriving from taxation, social security and labour law shall remain applicable as such matters are excluded from the scope of this Directive. Ex-post checks, inspections and investigations initiated by competent authorities, in both the home and host Member States, should however remain admissible to control service performance, as under current EU Law. Those ex-post checks are strongly recommended in respect of e-cards issued for an indefinite duration. If such controls reveal serious breaches of requirements applicable in a host Member State, this could lead to the suspension or revocation of the European services e-card.
Amendment 111 #
2016/0402(COD)
Proposal for a directive
Recital 21
Recital 21
(21) There are two types of European services e-cards offered to service providers: a simpler procedure, for an e- card with a validity period of 36 months, for temporary cross-border provision of services into other Member States, essentially controlling their previous establishment in the home Member State and allowing a host Member State to object to temporary provision of cross-border services only due to overriding reasons of public interests, and a more complex one, for an e-card with a validity period of indefinite duration, framing the control by host Member States of an economic activity in their territory for an indefinite period through secondary establishment in the form of branches, agencies or offices, in order to ensure, in a simplified workflow, mutual recognition is performed properly and expeditiously.
Amendment 113 #
2016/0402(COD)
Proposal for a directive
Recital 26
Recital 26
(26) A coordinating authority of the host Member State should provide clarity as to which requirements apply to the incoming service provider, considering the latter is already established in another Member State. The coordinating authority of the host Member State should ensure, through the relevant webpage and the authorities’ offices, that the provider knows which requirements govern performance of services in the host Member States, including those applicable once it obtains the European services e- card. For establishment, i.e., provision of services through branches, agencies or offices, the identification of applicable requirements by the coordinating authority of the host Member State fulfils a different purpose: it lists the requirements the compliance of which the incoming service provider is required to prove before the e- card can be issued. Where a host Member State has set up a comprehensive and updated information database in its point of single contact, its coordinating authority can refer in particular to the relevant webpage from where the information can be retrieved in the context of the European services e-card procedure.
Amendment 117 #
2016/0402(COD)
Proposal for a directive
Recital 29
Recital 29
(29) For provision of temporary cross- border services, given that Article 16 of Directive 2006/123/EC admits requirements for the generality of services covered by this Directive, host Member States should be allowed to object to the issue of a European services e-card by the home Member State in those cases where the circumstances of the applicant give rise to genuine and sufficiently serious threats to public interests related to public policy, public security, public health or the protection of the environment, in a manner which cannot be suitably and sufficiently addressed by requirements and controls applicable once service provision starts. This should be the case when a prior authorisation scheme or prior notification for temporary provision of the services in question is in place, justified in proportionate terms under one of those four overriding reasons of public interest safeguarded under Article 16 of Directive 2006/123/EC and when the conditions met by the applicant in its home Member State cannot be considered equivalent to the ones required in the host Member State for the granting of that prior authorisation. This should also apply in the post-issuance period where a cardholder is judged by the Member States to pose a real threat to the public interest, prompting them to open an investigation for fraud or the provision of inaccurate or falsified information or documentation. The possibilities and prerogatives of host Member States under Article 16 of Directive 2006/123/EC apply in the context of issuing a European services e-card.
Amendment 121 #
2016/0402(COD)
Proposal for a directive
Recital 35
Recital 35
(35) The host Member State should no longermust at all times have the right to control whether the applicant for a European services e-card is legally established in another Member State. Nor should it put into question and must also be able to check the veracity and validity of the data and documents included in an application, onceeven after they have been validated by the coordinating authority of the home Member State. Conversely, the coordinating authority of the home Member State should not assess whether it issues a European services e-card for temporary cross-border provisions of services based on compliance by the provider of host Member State requirements, rather it should only assess of whether the applicant is legally established in its territory for the provision of the service in question at the time the decision to issue is made.
Amendment 124 #
2016/0402(COD)
Proposal for a directive
Recital 37
Recital 37
(37) Prior to the issuance of the European services e-card, a host Member State should be allowed to invoke legitimate policy concerns. Nevertheless, in the interest of allowing for a simplified and swift procedure, the principle of tacit approval should be observed in issuing a European services e-card. That is the general principle introduced under Directive 2006/123/EC. An alert of impending tacit approval and the extension of the applicable deadlines by twohree additional weeks should ensure that the host Member State has the appropriate time and means to consider applications for a European services e-card. A lack of information from the host Member State on applicable requirements should also not impede automatic issue of a European services e-card.
Amendment 125 #
2016/0402(COD)
Proposal for a directive
Recital 38
Recital 38
(38) Service providers should not be required to provide information and documents which are already in the possession of other authorities in the home Member State, irrespective of administrative levels or divisions. It should also be the case when interconnection ofThe information contained on the card should correspond to that contained in national registers (e.g. central, commercial and companies' registers as required by Directive 2009/101/EC or insolvency registers under Regulation (EU) 2015/848 of the European Parliament and of the Council28) allows so that the decisions and modifications regarding service providers registered by the home Member State are automatically reflected in the service provider's card, making it easier for information and documents to be retrieved by the administration of the home Member State from other Member States. In all instances when personal data are processed under this Directive, rules on protection of personal data of Directive 95/46/EC of the European Parliament and of the Council29[, [Regulation (EU) 2016/679 of the European Parliament and of the Council30] and national legislation should be observed. _________________ 28 Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (OJ L 141, 5.6.2016, p.19). 29 Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281 , 23.11.1995, p. 31). 30 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
Amendment 128 #
2016/0402(COD)
Proposal for a directive
Recital 42
Recital 42
(42) A European services e-card should be valid for an indefinite period in time, without prejudice to, in relation to temporary cross-border services, the effects of case-by-case derogations in accordance with Directive 2006/123/EC. The information contained on the card must be updated annually by service providers and verified continuously by the Member States through ex-post controls.
Amendment 136 #
2016/0402(COD)
Proposal for a directive
Article 2 – paragraph 3 – subparagraph 2
Article 2 – paragraph 3 – subparagraph 2
This Directive shall be without prejudice to the rights of workers, the obligations of service providers and related controls in Member States laid down in Directives 96/71/EC and 2014/67/EU. and shall not affect in any way the right of Member States to verify whether a company is established in its territory. Furthermore, in order to strengthen the rights and obligations laid down in these Directives, the Commission, after the transposition of this Directive, shall take action against cases of social dumping and consider the possibility of tabling a legislative proposal to extend the scope of EU competition law.
Amendment 139 #
2016/0402(COD)
Proposal for a directive
Article 2 – paragraph 3 – subparagraph 2 a (new)
Article 2 – paragraph 3 – subparagraph 2 a (new)
Furthermore, this Directive shall be without prejudice to Directives 2014/23 and 2014/25 and the procedures contained in the European Single Procurement Document (ESPD).
Amendment 158 #
2016/0402(COD)
Proposal for a directive
Article 6 – paragraph 1 – point iii
Article 6 – paragraph 1 – point iii
(iii) registration with mandatory social insurance schemes for self-employed workers.
Amendment 162 #
2016/0402(COD)
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
A European services e-card shall be valid for an indefinite duration, unless suspended, revoked or cancelled, in accordance with Articles 15 to 17, 36 months in the case of service providers applying for temporary cross-border services, and for an indefinite duration for the providers applying for provision of services through branches, agencies and offices.
Amendment 163 #
2016/0402(COD)
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 2
Article 7 – paragraph 2 – subparagraph 2
This shall be without prejudice to measures put in place in accordance with Article 18 of Directive 2006/123/EC and the provisions adopted under Article 7 of Directive 2005/36/EC.
Amendment 168 #
2016/0402(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
In assessing applications for the European services e-card, Member States shall retain the right to invoke those overriding reasons of public interests recognised under Directive 2006/123/EC, in particular Article 16 thereof, or other acts of EU law. Member States shall retain the right to request, at any time, clarification or additional information from the Member State of origin or the applicant.
Amendment 173 #
2016/0402(COD)
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – introductory part
Article 11 – paragraph 1 – subparagraph 1 – introductory part
The coordinating authority of the home Member State shall within onetwo weeks of having received an application for a European services e-card:
Amendment 181 #
2016/0402(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
Within twohree weeks from receiving the application the coordinating authority of the host Member State shall examine it and inform the applicant and the home Member State of any requirements applicable to temporary cross-border provisions under the legislation of the host Member State with the exception of those referred to in Article 5(4). In line with the rights of Member States as referred to in Article 10, the coordinating authority of the host Member State may within the same time- limit, decide to object to the issue of the European services e-card by the coordinating authority of the home Member State where it demonstrates that the application of a prior authorisation scheme, prior notification scheme or requirements to the applicant is justified for one of those overriding reasons of public interest set out in Article 16 of Directive 2006/123/EC or is admissible in accordance with other acts of EU law.
Amendment 209 #
2016/0402(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Coordinating authorities in the home Member State shall not require providers to provide information and documents which are available to those authorities in accordance with paragraph 2 of this Article or Article 14(3) of Regulation ….[ESC Regulation]….. when applying for a European services e-card or to prove compliance, in the context of a European services e-card for establishment, with conditions identified by the coordinating authority of the host Member State in accordance with Article 13(1). The coordinating authority of the home Member State shall require service providers to update annually information and documents in the IMI system.
Amendment 215 #
2016/0402(COD)
Proposal for a directive
Article 15 – paragraph 2 – point i a (new)
Article 15 – paragraph 2 – point i a (new)
(ia) is the subject of an investigation by one or more Member States where there is evidence of fraud or that inaccurate or false information or documents have been provided;
Amendment 231 #
2016/0402(COD)
Proposal for a directive
Article 21 – paragraph 2
Article 21 – paragraph 2
By 36 months after the date for transposition of this Directive and at the latest every fivthree years thereafter, the Commission shall carry out an evaluation of this Directive and submit to the European Parliament and the Council a report on its performance. That report shall consider the need to adapt the procedures for issuing, updating, suspending or revoking a European services e-card taking into account the latest developments in e- Government and shall be included in the report assessing the overall performance of Regulation …[ESC Regulation]… in line with its Article 19.
Amendment 32 #
2016/0398(COD)
Proposal for a directive
Recital 6
Recital 6
(6) The effective enforcement of the rules governing the internal market for services set out in Directive 2006/123/EC should be enhanced by improving the existing notification procedure established by that Directive in respect of national authorisation schemes and certain requirements concerning both access to self-employed activities and their exercise. The prevention of the adoption of national provisions establishing requirements and authorisation schemes that would be contrary to Directive 2006/123/EC should be facilitated. This Directive is without prejudice to the Commission's powers under the Treaties and the Member States' obligation to comply with the provisions of Union lawis Directive lays down a procedure enabling Member States and the Commission to work together to avoid discrimination on the basis of citizenship or residency, and unjustified or disproportionate requirements. This does not restrict in any manner the sovereign right of Member States to regulate services activities.
Amendment 51 #
2016/0398(COD)
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) The notification obligation should not apply to draft measures repealing authorisation schemes or requirements or measures implementing authorisation schemes that have already been notified to the Commission. Measures implementing binding acts of the Union should also be excluded from the notification obligation.
Amendment 52 #
2016/0398(COD)
Proposal for a directive
Recital 7 b (new)
Recital 7 b (new)
(7b) The notification obligation shall not apply to: (a) rules contained in collective contracts concluded with the social partners; (b) administrative acts issued by local bodies, such as town planning and building planning in a municipal framework, and participation in land planning at the supralocal level; the usage and intended use of areas owned by the State; the organisation of public services of general interest with a local scope, including public transport services; the planning and management of the local social services system and the provision of relevant services to citizens; school services and promotion of the right to study, including at university; regional organisation of professional training services; programming and organisation of health and social services; rules on cultural activities, the promotion of environmental, cultural and landscape assets; promotion and organisation of tourism; (c) services excluded from the scope of Directive 2006/123/EC, pursuant to Articles 17 and 18 of that Directive.
Amendment 56 #
2016/0398(COD)
Proposal for a directive
Recital 8
Recital 8
(8) The obligation for Member States to notify draft measures laying down authorisation schemes or requirements referred to in Article 4 of this Directive at least three months before their adoption is designed to ensure that measures to be adopted comply with Directive 2006/123/EC. In order for the notification procedure to be effective, a consultation on notified measures should take place sufficiently in advance of their adoption. This is appropriate to foster good cooperation and transparency between the Commission and Member States and to further develop exchanges between the Commission and national authorities on new or amended authorisation schemes and certain requirements covered by Directive 2006/123/EC, in accordance with Article 4(3) of the Treaty on European Union (TEU). With a view to ensuring the effectiveness of the procedure, breach of the obligation to notify or to refrain from adopting a notified measure, including during the period following the receipt of an alert, should be considered to be a substantial procedural defect of a serious nature as regards its effects vis-à-vis individuals.
Amendment 68 #
2016/0398(COD)
Proposal for a directive
Recital 10
Recital 10
(10) The information to be submitted by the notifying Member State following an alert from the Commission should be sufficient to assess compliance with Directive 2006/123/EC and, in particular, the proportionality of a notified authorisation scheme or requirement. Therefore, in accordance with the case-law of the Court of Justice of the European Union (CJEU), such information should clarify the public interest objective pursued, and set out how the notified authorisation scheme or requirement is necessary and justified to meet this objective and explain how it is proportionate in doing so; thus, it should include explanations on why it is suitable, why it does not go beyond what is necessary and why no alternative and less restrictive means would be available. The reasons which may be invoked by the Member State concerned by way of justification should be accompanied by appropriate evidence and by an analysis of the proportionality of the notified measurappropriate for meeting this objective.
Amendment 75 #
2016/0398(COD)
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) This Directive enables Member States to derogate from the notification obligation when they have to adopt urgent measures to protect public order, public security, public health, or objectives relating to social policy, environmental protection, safeguarding of cultural heritage or other overriding reasons relating to the public interest.
Amendment 82 #
2016/0398(COD)
Proposal for a directive
Recital 13
Recital 13
(13) The present Directive establishes a consultation of three months to allow an assessment of notified draft measures as well as an effective dialogue with the notifying Member State. In order to make the consultation work in practice and to allow Member States, the Commission and stakeholders to effectively provide their comments, Member States should notify draft measures at least three months prior to their adoption. Notifying Member States should take into account and should assess the comments made on the notified draft measure, in compliance with Union law.
Amendment 84 #
2016/0398(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Where following the consultation the Commission still has concerns about the compliance with Directive 2006/123/EC of the notified draft measure, it may alert the notifying Member State, giving it the opportunity to bring its draft measure into conformity with EU law. That alert shouldmust include an detailed explanation of the legal concerns identified by the Commission. Reception of such an alert entails that the notifying Member State shall not adopt the notified measure for three months and must be accompanied by appropriate evidence demonstrating that the alert complies with the principles of proportionality and subsidiarity. Such an alert shall not prevent the Member State from adopting the provision in question.
Amendment 94 #
2016/0398(COD)
Proposal for a directive
Recital 15
Recital 15
Amendment 109 #
2016/0398(COD)
(16) To ensure the efficiency, effectiveness and coherence of the notification procedure, the Commission should retain the power to adopt Decismay issue an opinions requiring the Member State in question to refrain from adopting notified measures or, if already adopted, to repeal them, where they violate Directive 2006/123/ECamend notified measures in line with the alert previously issued. The opinion and the previous alert shall not prevent the Member State from adopting the measures in question.
Amendment 124 #
2016/0398(COD)
Proposal for a directive
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) 'draft measure' means a text laying down an authorisation scheme or a requirement, within the meaning of Article 4(6) and (7) of Directive 2006/123/EC, respectively, formulated with the view of having it enacted as a law, regulation or administrative provision of a general nature, the text being at the stage of preparationat the stage at which substantive amendments can still be made by the notifying Member State. Recommendations addressed to specific service providers shall not fall within this definition;
Amendment 125 #
2016/0398(COD)
Proposal for a directive
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
(b) 'adoption' means the decision in a Member State making the law, regulation or administrative provision of a general nature finalprohibiting further amendments to the draft measure according to the applicable procedure.
Amendment 128 #
2016/0398(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall notify to the Commission any draft measure that introduces new requirements or authorisation schemes referred to in Article 4, or significantly modifies such existing requirements or authorisation schemes.
Amendment 135 #
2016/0398(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Where a Member State heavily modifies a previously notified draft measure with the effect of, significantly extending its scope or content, or shortening the timetable originally envisaged for implementation, or adding requirements or authorisation schemes, or making those requirements or authorisation schemes more restrictive for the establishment, or the cross-border provision of services, ithe Member State shall notify the modified draft measure previously notified under paragraph 1 againcontaining such amendments, including an explanation of the objective and content of the modifications. In such a case, the previous notification shall be deemed to be withdrawn.
Amendment 140 #
2016/0398(COD)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Draft measures referred to in paragraphs 1 and 2 shall be notified to the Commission at least three months prior to their adopprior to their adoption. Such notification shall not prevent Member States from adopting the provisions in question.
Amendment 144 #
2016/0398(COD)
Proposal for a directive
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. Member States shall not notify draft measures repealing authorisation schemes or requirements or measures implementing authorisation schemes that have already been notified to the Commission. Measures implementing binding acts of the Union should also be excluded from the notification obligation.
Amendment 146 #
2016/0398(COD)
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
Amendment 155 #
2016/0398(COD)
Proposal for a directive
Article 3 – paragraph 5
Article 3 – paragraph 5
Amendment 172 #
2016/0398(COD)
Proposal for a directive
Article 3 – paragraph 8 a (new)
Article 3 – paragraph 8 a (new)
8a. Paragraph 3 shall not apply when a Member State has to adopt urgent measures to protect public order, public security, public health, or objectives relating to social policy, environmental protection, safeguarding of cultural heritage or other overriding reasons relating to the public interest. Member State shall notify the Commission without undue delay of the content of such measures and the urgent grounds on which adoption was considered necessary.
Amendment 174 #
2016/0398(COD)
Proposal for a directive
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
Member States shall notify the following authorisation schemes and requirements, subject to the requirements excluded in recital 7b of this Directive, and recital 9 of Directive 2006/123/EC:
Amendment 186 #
2016/0398(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The Commission and Member States may, within a period of twoone months as of the beginning of the consultation period referred to in paragraph 2, submit comments to the notifying Member State.
Amendment 193 #
2016/0398(COD)
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Where neither the Commission nor other Member States have submitted comments to a notified draft measure within the twoone months referred to in paragraph 3, the consultation period shall end immediately.
Amendment 202 #
2016/0398(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Before the closure of the consultation period referred to in Article 5(2), the Commission may alert the notifying Member State of its concerns about the compatibility with Directive 2006/123/EC of the draft measure notified, setting out its reasons in detail, and of its intention to adopt a Decisn opinion referred to in Article 7.
Amendment 205 #
2016/0398(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 212 #
2016/0398(COD)
Proposal for a directive
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. The notifying Member State may, within one month, respond to the Commission’s alert by providing further clarifications.
Amendment 213 #
2016/0398(COD)
Proposal for a directive
Article 6 – paragraph 2 b (new)
Article 6 – paragraph 2 b (new)
2b. Where the Commission deems the clarifications provided by the Member State to be appropriate, it shall inform the Member State accordingly, without unnecessary delay.
Amendment 217 #
Amendment 219 #
2016/0398(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
Where the Commission has issued an alert in accordance with Article 6(1), it may, within a period of three months after the date of the closure of the consultation period referred to in Article 5(2), adopt a Decision finding the draft meaissure to be incompatible with Directive 2006/123/EC and requiring the Member State concerned to refrain from adopting the draft measure or, if such measure has been adopted in breach of Article 3(3) or Article 6(2), to repeal itan opinion asking the Member State concerned to amend the measures notified in line with the alert previously issued. The opinion and the previous alert shall not prevent the Member State from adopting the measures in question.
Amendment 233 #
2016/0398(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
The Commission shall publish without delay, on a dedicated public website, the notifications made by Member States under Articles 3(1), and (2) and the related adopted measuresmendments to initial notifications under Article 3 (2) and the related measures adopted under Article 3(7).
Amendment 235 #
2016/0398(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
Member States shall designate and communicate to the Commission a competent authority responsible at national level for the operation of the notification procedure established by this Directive. That authority shall supply legal support and appropriate technical and economic resources in order to assist local authorities to achieve the objectives of this Directive.
Amendment 22 #
2016/0392(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) It should be clarified that a new category may only be added if a spirit drink has a significant market share in at least one Member State or if a significant part of its production is exported to a third country. Moreover, the name chosen for the new category shall either be a widely used name or, where this is not possible, be of a descriptive nature, in particular, by referring to the raw material used for the production of the spirit drink or to the geographical area of provenance.
Amendment 28 #
2016/0392(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Regulation (EU) No 1151/2012 of the European Parliament and of the Council13 does not apply to spirit drinks. Rules on protection of geographical indications of spirit drinks should therefore be laid down. Geographical indications identifying spirit drinks as originating in the territory of a country, or a region or locality in that territory, where a given quality, reputation, traditional method of processing and production or other characteristic of the spirit drink are essentially attributable to its geographical origin should be registered by the Commission. _________________ 13 Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (OJ L 343, 14.12.2012, p. 1).
Amendment 37 #
2016/0392(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2 – point b
Article 5 – paragraph 2 – subparagraph 2 – point b
(b) a spirit drink has a significant market share in at least one Member State or a significant part of its production is exported to a third country;
Amendment 43 #
2016/0392(COD)
Proposal for a regulation
Article 8 – paragraph 5 – subparagraph 2
Article 8 – paragraph 5 – subparagraph 2
The sales denominations referred to in paragraph 1 supplemented by the term ‘'flavour’' or any other similar terms may only be used to refer to flavourings that imitate a spirit drink for their use in the production of a foodstuff other than a beverage. Geographical indications shall not be used to describe flavourings.
Amendment 47 #
2016/0392(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The indication of the country or territory of origin of the ingredients of spirit drinks shall not be required for spiritwhere they constitute at least 25% of the drinks.
Amendment 48 #
2016/0392(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) The measures applicable to spirit drinks constitute a special case compared with the general rules laid down for the agri-food sector.The special features are to be sought in this instance in the fact that traditional production methods are continuing to be kept alive, in the close link with the agricultural sector, in the use of high-quality products, and in the commitment to protecting consumer safety, which the spirit drinks sector is promising never to abandon.
Amendment 51 #
2016/0392(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) It should be clarified that a new category may only be added if a spirit drink has a significant market share in at least one Member State or is exported in significant quantities to a third country. Moreover, the name chosen for the new category shall either be a widely used name or, where this is not possible, be of a descriptive nature, in particular, by referring to the raw material used for the production of the spirit drink.
Amendment 52 #
2016/0392(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point b
Article 18 – paragraph 2 – point b
(b) any misuse, imitation or evocation, even if the true origin of the product or service is indicated or if the protected name is translated or accompanied by an expression such as ‘style’, ‘type’, 'sort', ‘method’, ‘as produced in’, ‘imitation’, ‘flavour’, ‘like’ or similar;
Amendment 54 #
2016/0392(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point c
Article 18 – paragraph 2 – point c
(c) any other false or misleading indication as to the provenance, origin, ingredients, nature or essential qualities of the product, on the inner or outer packaging, advertising material or documents relating to the product concerned, and the packing of the product in a container liable to convey a false impression as to its origin;
Amendment 56 #
2016/0392(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Regulation (EU) No 1151/2012 of the European Parliament and of the Council13 does not apply to spirit drinks. Rules on protection of geographical indications of spirit drinks should therefore be laid down. Geographical indications identifying spirit drinks as originating in the territory of a country, or a region or locality in that territory, where a given quality, reputation, traditional method of processing and production, or other characteristic of the spirit drink areis essentially attributable to its geographical origin, should be registered by the Commission. _________________ 13 Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (OJ L 343, 14.12.2012, p. 1).
Amendment 60 #
2016/0392(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Preserving a high standard of quality is essential in order to maintain the sector's reputation and value. Member State authorities should be responsible for ensuring that the standard is being maintained through compliance with this Regulation, and t. The Commission should, however, be able to monitor and verify such compliance in order to ascertain that it is being uniformly enforced. Therefore the Commission and the Member States should be required to share relevant information with each other.
Amendment 63 #
2016/0392(COD)
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 1
Article 23 – paragraph 1 – subparagraph 1
The Commission shall scrutinise by appropriate means any application that it receives pursuant to Article 21, in order to check that it is justified and that it meets the conditions of this Chapter. This scrutiny should not exceed a permust be completed within six months of receptiodn of 12 monthsthe application. Where this period is exceeded, the Commission shall indicate in writing to the applicant the reasons for the delay.
Amendment 65 #
2016/0392(COD)
Proposal for a regulation
Article 26 – paragraph 1 – subparagraph 1 – introductory part
Article 26 – paragraph 1 – subparagraph 1 – introductory part
Without prejudice to Article 18, the Commission may adopt implementing acts granting a transitional period of up to fivetwo years to enable spirit drinks originating in a Member State or a third country the name of which contravenes Article 18(2) to continue to use the designation under which it was marketed on condition that an admissible statement of opposition under Article 21(3) or Article 24 shows that the registration of the name would jeopardise the existence of:
Amendment 75 #
2016/0392(COD)
Proposal for a regulation
Article 29 – paragraph 1 – introductory part
Article 29 – paragraph 1 – introductory part
The Commission may, having carried out the appropriate checks, shall, on its own initiative or at the request of any natural or legal person having a legitimate interest, adopt implementing acts to cancel the registration of a geographical indication in the following cases:
Amendment 75 #
2016/0392(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) ‘geographical indication’ means an indication which identifies a spirit drink as originating in the territory of a country, or a region or locality in that territory, where a given quality, reputation, traditional method of processing or production, or other characteristic of that spirit drink is essentially attributable to its geographical origin;
Amendment 79 #
2016/0392(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
The Commission shall adopt implementing acts, without applying the procedure referred to in Article 44(2), establishing and maintaininga publicly accessible updated an electronic register of geographical indications of spirit drinks recognised under this scheme (‘the Register’) that is transparent, exhaustive, updated and easily accessible to the public.
Amendment 83 #
2016/0392(COD)
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
Geographical indications of spirit drinks produced in third countries that are protected in the Union pursuant to an international agreement to which the Union is a contracting party may be entered in the Register as geographical indications in a separate section.
Amendment 106 #
2016/0392(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2 – point b
Article 5 – paragraph 2 – subparagraph 2 – point b
(b) a spirit drink has a significant market share in at least one Member State or is exported in significant quantities to a third country;
Amendment 133 #
2016/0392(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The indication of the country or territory of origin of the ingredients of spirit drinks shall not be required for spiritwhere they make up at least 25% of a drinks.
Amendment 154 #
2016/0392(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point b
Article 18 – paragraph 2 – point b
(b) any misuse, imitation or evocation, even if the true origin of the product or service is indicated or if the protected name is translated or accompanied by an expression such as ‘style’, ‘type’, ‘method’, ‘as produced in’, ‘imitation’, ‘flavour’, ‘like’ or similar;Does not affect the English version.)
Amendment 157 #
2016/0392(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point c
Article 18 – paragraph 2 – point c
(c) any other false or misleading indication as to the provenance, origin, nature, ingredients, or essential qualities of the product, on the inner or outer packaging, advertising material or documents relating to the product concerned, and the packing of the product in a container liable to convey a false impression as to its origin;
Amendment 180 #
2016/0392(COD)
Proposal for a regulation
Article 29 – paragraph 1 – introductory part
Article 29 – paragraph 1 – introductory part
The Commission may, on its own initiative or, having carried out the appropriate checks, shall, at the request of any natural or legal person having a legitimate interest, adopt implementing acts to cancel the registration of a geographical indication in the following cases:
Amendment 186 #
2016/0392(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
The Commission shall adopt implementing acts, without applying the procedure referred to in Article 44(2), establishing and maintaining a publicly accessible updatedn electronic register of geographical indications of spirit drinks recognised under this scheme (‘the Register’) that is transparent, exhaustive, updated, and readily accessible to the public.
Amendment 194 #
2016/0392(COD)
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. For a period of up to two years following the entry into force of this Regulation, the Commission, after consulting the Member State to a territory of which the geographical indication of the producers refers, and by means of implementing acts, may, on its own initiative, cancel the protection of geographical indications referred to in Article 20 of Regulation (EUC) No 110/2008 if they do not comply with point (6) of Article 2(1). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 44(2).
Amendment 93 #
2016/0389(COD)
Proposal for a regulation
Annex III – General characteristics – Legal personality of the holding – Legal person – indent 1 (new)
Annex III – General characteristics – Legal personality of the holding – Legal person – indent 1 (new)
If yes, is the holding part of a corporate yes/no group made up of units that are legally independent
Amendment 97 #
2016/0389(COD)
- If land is rented, who is the owner Yes/no of the land? - If land is rented, is the owner of Yes/no the land a legal person?
Amendment 4 #
2016/0308(COD)
Proposal for a regulation
–
–
The Committee on Agriculture and Rural Development calls on the Committee on International Trade, as the committee responsible, to propose rejection of the Commission proposal.
Amendment 53 #
2016/0308(COD)
Proposal for a regulation
Annex I – table 1 – row 4
Annex I – table 1 – row 4
Amendment 67 #
2016/0308(COD)
Proposal for a regulation
Annex III – table 1 – row 3
Annex III – table 1 – row 3
Amendment 236 #
2016/0288(COD)
Proposal for a directive
Recital 229 a (new)
Recital 229 a (new)
(229a) In the case of number-based interpersonal communications services, there are significant price differences between national communications and those terminating in a different Member State, on both the mobile and the fixed network. Those differences should be eliminated unless the supplier shows that they are due to objective differences in costs.
Amendment 253 #
2016/0288(COD)
Proposal for a directive
Recital 251
Recital 251
(251) Number portability is a key facilitator of consumer choice and effective competition in competitive markets for electronic communications and shouldmust be implemented with the minimum delay, so that the number is functionally activated within one working day and the user does not experience a loss of service lasting longer than one working day. In order to facilitate a one-stop-shop enabling a seamless switching experience for end- users, the switching process should be led by the receiving provider of electronic communications to the public. National regulatory authorities may prescribe the global process of the porting of numbers, taking into account national provisions on contracts and technological developments. Those provisions must not limit the right to number portability and should also allow users to change the assigned number without changing the associated SIM card. Experience in certain Member States has shown that there is a risk of consumers being switched to another provider without having given their consent. While that is a matter that should primarily be addressed by law enforcement authorities, Member States should be able to impose such minimum proportionate measures regarding the switching process, including appropriate sanctions, as are necessary to minimise such risks, and to ensure that consumers are protected throughout the switching process without making the process less attractive for them.
Amendment 410 #
2016/0288(COD)
Proposal for a directive
Article 55 – paragraph 2
Article 55 – paragraph 2
2. Competent authorities shall not prevent providers of public communications networks or publicly available electronic communications services from allowing access to their networks to the public, through radio local area networks, which may be located at an end-user's premises, subject to compliance with the applicable general authorisation conditions and the explicit prior informed agreement of the end-user.
Amendment 454 #
2016/0288(COD)
Proposal for a directive
Article 79 – paragraph 1
Article 79 – paragraph 1
1. Member States shall ensure that all end-users in their territory have access at an affordable price, in the light of specific national conditions, to available functional internet access and voice communications services at the quality specified in their territory, including the underlying connection, at leastboth at a fixed location and by way of mobile connection.
Amendment 526 #
2016/0288(COD)
Proposal for a directive
Article 92 – paragraph 1 a (new)
Article 92 – paragraph 1 a (new)
Providers of publicly available number- based interpersonal communication services shall not apply tariffs to intra- Union fixed and mobile communications services terminating in another Member State that are different from tariffs for services terminating in the same Member State, unless the provider demonstrates that they are due to objective differences in costs.
Amendment 564 #
2016/0288(COD)
Proposal for a directive
Article 95 – paragraph 1 – point c – point v a (new)
Article 95 – paragraph 1 – point c – point v a (new)
(va) the means by which the amount of use made of the service may be clearly monitored.
Amendment 573 #
2016/0288(COD)
Proposal for a directive
Article 95 – paragraph 2 – indent 2 a (new)
Article 95 – paragraph 2 – indent 2 a (new)
- an explicit mention on the invoice of the identity of the supplier, the typology and the duration of the services charged to a third number.
Amendment 641 #
2016/0288(COD)
Proposal for a directive
Article 99 – paragraph 1 – subparagraph 1
Article 99 – paragraph 1 – subparagraph 1
In case of switching between providers of internet access services, the providers concerned shall provide the end-user with adequate information before and during the switching process and ensure continuity of the service. The receiving provider shall ensure that the activation of the service shall occur on the date and at the time of day expressly agreed with the end- user. The transferring provider shall continue to provide its services on the same terms until the services of the receiving provider are activated. Loss of service during the switching process shall not exceed one working day.
Amendment 648 #
2016/0288(COD)
Proposal for a directive
Article 99 – paragraph 5 – subparagraph 2
Article 99 – paragraph 5 – subparagraph 2
The receiving provider shall lead the switching and porting process. National regulatory authorities may establish the global process of switching and of porting of numbers, taking into account national provisions on contracts, technical feasibility and the need to maintain continuity of service to the end-user . Those provisions should allow users to change the assigned number without changing the associated SIM card. In any event, loss of service during the process of porting shall not exceed one working day. In case of failure of the porting process, the transferring provider shall reactivate the number of the end-user until the porting is successful . National regulatory authorities shall also take appropriate measures ensuring that end- users are adequately informed and protected throughout the switching process and are not switched to another provider against their will.
Amendment 651 #
2016/0288(COD)
Proposal for a directive
Article 99 – paragraph 6
Article 99 – paragraph 6
6. Member States shall ensure that appropriate sanctions on undertakings are provided for, including an obligation to compensate end-users in case of delay in porting or abuse of porting by them or on their behalf. Such compensation should be proportional to the length of the delay or the nature of the abuse suffered by the end-user.
Amendment 680 #
2016/0288(COD)
Proposal for a directive
Article 102 – paragraph 2 a (new)
Article 102 – paragraph 2 a (new)
2a. Providers of number-independent interpersonal communications services must inform end-users if they do not provide access to emergency services or the transfer of emergency communications to number-based interpersonal communications services on the same device.
Amendment 19 #
2016/0287(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1 a) The Commission Communication of 26 August 2010 entitled "Digital Agenda for Europe" recalls that Europe 2020 Strategy has underlined the importance of broadband deployment to promote social inclusion and competitiveness in the EU restating the objective to bring basic broadband to all Europeans by 2013 and seeks to ensure that, by 2020, all Europeans have access to much higher internet speeds of above 30 Mbps and 50% or more of European households subscribe to internet connections above 100 Mbps.
Amendment 40 #
2016/0287(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9 a) The available budget should be allocated in a geographically balanced manner to projects across Member States and dedicated to areas at risk of long- lasting digital divide, with an adequate minimum number of vouchers per Member State. This principle aiming at ensuring geographical balance should be included in the relevant Work Programmes adopted pursuant to Regulation (EU) 1316/2013, and be further specified in calls for proposals, if necessary, for instance by enabling enhanced participation by applicants from Member States where the available budget was not entirely spent.
Amendment 50 #
2016/0287(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Local wireless connectivity should only qualify as free where it is provided without corresponding remuneration, whether by direct payment or other types of consideration, including, but not limited to, advertising and the provision of personal data, in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council and Directive (EU) 2016/680 of the European Parliament and of the Council.
Amendment 57 #
2016/0287(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) Due account should be taken of possible negative effects of electromagnetic pollution on human health, so that a careful assessment can be carried out to determine where the wireless local access points should be located and how many and how powerful they should be.
Amendment 63 #
2016/0287(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) To provide this intervention with appropriate financing, the financial envelopeframework for the implementation of the CEFmechanism for connecting Europe in the telecommunications sector should be increased by an amount of EUR 150 000 000.
Amendment 68 #
2016/0287(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
b. supports access to innovative digital services, such as those offered via digital service infrastructures, as well as in emergency and crisis communications;
Amendment 76 #
2016/0287(COD)
Proposal for a regulation
Recital 9 1 (new)
Recital 9 1 (new)
(9a) The available budget should be allocated in a geographically balanced manner to projects in all the Member States, focusing on areas where the digital divide is likely to remain a problem in the long term, with a minimum number of vouchers appropriate to each Member State. This principle, intended to ensure geographical balance, should form part of the relevant work programmes implemented under Regulation (EU) No 1316/2013 and it should also be spelt out in the calls for proposals, if necessary, for example with a view to attracting more applicants from Member States whose allocation has not yet been exhausted.
Amendment 109 #
2016/0287(COD)
Proposal for a regulation
Article 2-paragraph 1-point 6
Article 2-paragraph 1-point 6
(1) are implemented by an entity with a public mission capable of planning and supervising the installation of indoor or outdoor local wireless access points in public spaces by carrying out specific quality control measures;
Amendment 111 #
2016/0287(COD)
Proposal for a regulation
Article 2-paragraph 1-point 6
Article 2-paragraph 1-point 6
a. is free, and easy to access, and uses state- of- the- art equipment and meets the highest data security standards;
Amendment 116 #
2016/0287(COD)
Proposal for a regulation
Article 2-paragraph 1-point 6
Article 2-paragraph 1-point 6
The available budget shall be allocated in a geographically balanced mannerway to projects meeting the above conditions in view of the proposals received and, in principle, on a 'first come, first served' basis, and taking account of areas in which the digital divide is likely to continue to be a problem in the long term, in accordance with the work programmes implemented under Regulation (EU) No 1316/2013.'
Amendment 33 #
2016/0282(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) In order to ensure that the Commission has all the necessary information for the adoption of the financing decisions, it is necessary to lay down the minimum requirements for the contents of financing decisions on grants, procurement, trust funds, prizes, financial instruments, blending facilities and budgetary guarantees. At the same time, in order to give a longer-term perspective to the potential recipients, it is necessary to allow that the financing decisions are adopted for more than one year but the implementation being subject to the availability of budget appropriations for the respective year. In order to enable such longer-term perspective it is necessary to reduce the number of the elements required for the financing decision. With the aim of simplification, the financing decision should at the same time constitute an annual or multi-annual programme. Since the contribution to the bodies referred to in Articles 69 and 70 is already established in the annual budget, it should not be required to adopt a specific financing decision in this respect.
Amendment 43 #
2016/0282(COD)
Proposal for a regulation
Recital 136
Recital 136
(136) In recent years the Union has increasingly used financial instruments that should allow a higher leverage of the EU budget to be achieved but, at the same time, they generate a financial risk for that budget. Among those financial instruments are not only the financial instruments already covered by the Financial Regulation, but also other instruments such as budgetary guarantees and financial assistance that previously have been governed only by the rules established in their respective basic acts. It is important to establish a common framework to ensure the homogeneity of the principles applicable to that set of instruments and to regroup them under a new Title, comprising sections on budgetary guarantees and on financial assistance to Member States or third countries in addition to the existing rules applicable to Financial Instruments.
Amendment 45 #
2016/0282(COD)
Proposal for a regulation
Recital 137
Recital 137
(137) Financial instruments can be valuable in multiplying the effect of Union funds when those funds are pooled with other funds and include a potential leverage effect. FLow-risk financial instruments should only be implemented if, provided that there is no risk of market distortion or inconsistency with state aid rules.
Amendment 48 #
2016/0282(COD)
Proposal for a regulation
Recital 146
Recital 146
(146) Budgetary guarantees and financial assistance to Member States or third countries are off-budget operations that have a significant impact on the balance sheet of the Union. While remaining off- budget operations, their inclusion in the Financial Regulation provides a stronger protection of the financial interests of the Union and a clearer framework for their authorisation, management and accounting.
Amendment 49 #
2016/0282(COD)
Proposal for a regulation
Recital 147
Recital 147
(147) The Union has recently launched important initiatives based on budgetary guarantees such as the European Fund for Strategic Investments (EFSI) or the European Fund for Sustainable Development (EFSD). The characteristics of those instruments are that they should generate a contingent liability for the Union and imply the provisioning of funds to make available of a liquidity cushion that allows the budget to respond in an orderly manner to the payment obligations that may arise from those contingent liabilities. In order to guarantee the credit rating of the Union and, hence, its capacity to deliver effective financing, it is essential that the authorisation, provisioning and monitoring of contingent liabilities follow a robust set of rules that should be applied to all budgetary guarantees.
Amendment 50 #
2016/0282(COD)
Proposal for a regulation
Recital 148
Recital 148
(148) The contingent liabilities arising from budgetIn November 2016, the European Court of Auditors reported that EFSI extension was proposed too early guarantees may cover a wide range of financing and investment operationsand with little evidence to show that its increase is justified. Moreover, the ECA underlined the prior absence of an independent assessment of the Plan and the risk that the declared multiplier effect has been exaggerated. Due to these uncertainties, it should be better not to convey the ESIFs into EFSI. The possibility of the budgetary guarantee being called cannot be scheduled with full certainty on a yearly basis as in the case of loans that have a defined schedule for repayment. It is, therefore, indispensable to set up a framework for the authorisation and monitoring of contingent liabilities ensuring the full respect, at any moment, of the annual ceiling for payments established in the Decision (EC, Euratom) 2007/436 on the system of own resources of the Union.
Amendment 51 #
2016/0282(COD)
Proposal for a regulation
Recital 150
Recital 150
Amendment 52 #
2016/0282(COD)
Proposal for a regulation
Recital 152
Recital 152
Amendment 53 #
2016/0282(COD)
Proposal for a regulation
Recital 153
Recital 153
(153) Financial assistance to Member States or third countries should take the form of a loan, of a credit line or any other instrument deemed appropriate to ensure the effectiveness of the support. The resources to be provided are borrowed by the Commission that should be empowered to that end, on the capital markets or from financial institutions, avoiding the involvement of the Union in any transformation of maturities that would expose it to an interest risk or any other market risk.
Amendment 57 #
2016/0282(COD)
Proposal for a regulation
Recital 172
Recital 172
(172) With a view to responding to the challenges posed by increasing flows of migrants and refugees, the objectives to which the ERDF may contribute in its support of migrants and refugees should be spelled out. This contribution could, however, be effective, especially in countries particularly exposed to migration flows as Italy, Greece, Malta, only if accompanied by a genuine Europe-wide application of the principle of solidarity, and thus by actions aimed at a fair burden-sharing and at sustainable mutual assistance among the Member States.
Amendment 64 #
2016/0282(COD)
Proposal for a regulation
Recital 178
Recital 178
Amendment 69 #
2016/0282(COD)
Proposal for a regulation
Recital 182
Recital 182
(182) Many Member States have established publicly-owned banks or financial institutions that operate under a public policy mandate to promote economic development. Such banks or financial institutions have specific characteristics which differentiate them from private commercial banks in relation to their ownership, their development mandate and the fact that they do not have the objective of maximising profits. The role of such banks is notably to mitigate market failures, where in certain regions or for certain policy areas or sectors financial services are underprovided by commercial banks. These publicly-owned banks or financial institutions are well-placed to promote access to the ESI funds while maintaining competitive neutrality. Their specific role and characteristics can allow Member States to increase the use of financial instruments for delivering ESI funds in order to maximise the impact of these funds in the real economy. Such an outcome would be in line with the Commission policy to facilitate the role of such banks or institutions as fund managers both in the implementation of ESI funds as well as in the combination of ESI funds with EFSI financing, as set out in particular in the Investment Plan for Europe. It is justified therefore to allow managing authorities to award contracts directly to such public banks or financial institutions. Nevertheless, in order to ensure that this possibility of direct award remains consistent with the principles of the internal market, strict conditions to be fulfilled by public banks or institutions should be laid down for this provision to be applicable.
Amendment 71 #
2016/0282(COD)
Proposal for a regulation
Recital 184
Recital 184
Amendment 73 #
2016/0282(COD)
Proposal for a regulation
Recital 188
Recital 188
Amendment 77 #
2016/0282(COD)
Proposal for a regulation
Recital 189
Recital 189
Amendment 82 #
2016/0282(COD)
Proposal for a regulation
Recital 242
Recital 242
(242) Only grants and procurement may currently be used to support actions in the area of Digital Service Infrastructures. In order to ensure as efficient as possible, low-risk financial instruments should also be made available to support these actions.
Amendment 108 #
2016/0282(COD)
Proposal for a regulation
Article 264 – paragraph 1 – point 1
Article 264 – paragraph 1 – point 1
Regulation (EU) No 1301/2013
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
“investment in the development of endogenous potential through fixed investment in equipment and small-scale infrastructure, including small-scale cultural and sustainable tourism infrastructure, services to enterprises, support to research and innovation bodies and investment in technology and applied research in enterprises; in duly justified cases, the scope of support may be enlarged;”
Amendment 124 #
2016/0282(COD)
Proposal for a regulation
Article 265 – paragraph 1 – point 6
Article 265 – paragraph 1 – point 6
Regulation (EU) No 1303/2013
Article 30a
Article 30a
Amendment 130 #
2016/0282(COD)
Proposal for a regulation
Article 267 – paragraph 1 – point 5 – point a
Article 267 – paragraph 1 – point 5 – point a
Regulation (EU) No 1305/2013
Article 19 – paragraph 4 – subparagraph 5
Article 19 – paragraph 4 – subparagraph 5
Member States shallmay define upper and/or lower thresholds per beneficiary for allowing access to support under points (a)(i) and (a)(iii) of paragraph 1. The lower threshold for support under point (a)(i) of paragraph 1 shall be higher than the upper threshold for support under point (a)(iii) of paragraph 1. Member States shall annually notify to the EC any change related to the thresholds. Support shall be limited to holdings coming under the definition of micro and small enterprises.
Amendment 134 #
2016/0282(COD)
Proposal for a regulation
Article 265 – paragraph 1 – point 11 – point a
Article 265 – paragraph 1 – point 11 – point a
Regulation (EU) No 1303/2013
Article 38 – paragraph 1 – point c
Article 38 – paragraph 1 – point c
Amendment 155 #
2016/0282(COD)
Proposal for a regulation
Article 267 – paragraph 1 – point 7 – point a – point i
Article 267 – paragraph 1 – point 7 – point a – point i
Regulation (EU) No 1305/2013
Article 36 – paragraph 1 – point c
Article 36 – paragraph 1 – point c
(c) an income stabilisation tool, in the form of financial contributions to mutual funds and to premiums for income insurance, providing compensation to farmers of all sectors for a severe drop in their income.;
Amendment 159 #
2016/0282(COD)
Proposal for a regulation
Article 265 – paragraph 1 – point 13
Article 265 – paragraph 1 – point 13
Regulation (EU) No 1303/2013
Article 39a
Article 39a
Amendment 161 #
2016/0282(COD)
Proposal for a regulation
Article 267 – paragraph 1 – point 7 – point a – point ii
Article 267 – paragraph 1 – point 7 – point a – point ii
Regulation (EU) No 1305/2013
Article 36 – paragraph 1 – point d
Article 36 – paragraph 1 – point d
(d) an income stabilisation tool, in the form of financial contributions to mutual funds and to premiums for income insurance, providing compensation to farmers of a specific sector for a severe drop in their income.;
Amendment 175 #
2016/0282(COD)
Proposal for a regulation
Article 267 – paragraph 1 – point 7 a (new)
Article 267 – paragraph 1 – point 7 a (new)
Regulation (EU) No 1305/2013
Article 37 – paragraph 1
Article 37 – paragraph 1
7a. In Article 37, paragraph 1 is replaced by the following: "Support under point (a) of Article 36(1) shall only be granted for insurance contracts which cover for loss caused by an adverse climatic event, or by an animal or plant disease, or a pest infestation, or an environmental incident or a measure adopted in accordance with Directive 2000/29/EC to eradicate or contain a plant disease, or pest which destroys more than 320 % of the average annual production of the farmer in the preceding three-year period or a three-year average based on the preceding five-year period, excluding the highest and lowest entry. Indexes may be used in order to calculate the annual production of the farmer. The calculation method used shall permit the determination of the actual loss of an individual farmer in a given year." Or. en (http://eur- lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2013:347:0487:0548:EN:PDF)
Amendment 189 #
2016/0282(COD)
Proposal for a regulation
Article 267 – paragraph 1 – point 9 – point a a (new)
Article 267 – paragraph 1 – point 9 – point a a (new)
Regulation (EU) No 1305/2013
Article 39 – paragraph 1
Article 39 – paragraph 1
(aa) In Article 39, paragraph 1 is replaced by the following: "1. Support under point (c) of Article 36(1) shall only be granted where the drop of income exceeds 320 % of the average annual income of the individual farmer in the preceding three-year period or a three- year average based on the preceding five- year period excluding the highest and lowest entry. Income for the purposes of point (c) of Article 36(1) shall refer to the sum of revenues the farmer receives from the market, including any form of public support, deducting input costs. Payments by the mutual fund to farmers shall compensate for less than 70 % of the income lost in the year the producer becomes eligible to receive this assistance." (http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32013R1305&rid=1) Indexes or indicators, which may refer for example to revenues, prices, quantities and/or costs, even at regional level or local area, may be used to calculate the actual loss of turnover or revenues per farmer." Or. en
Amendment 192 #
2016/0282(COD)
Proposal for a regulation
Article 265 – paragraph 1 – point 15
Article 265 – paragraph 1 – point 15
Regulation (EU) No 1303/2013
Article 41 – paragraph 1 – subparagraph 1 – introductory part
Article 41 – paragraph 1 – subparagraph 1 – introductory part
Amendment 192 #
2016/0282(COD)
Proposal for a regulation
Article 267 – paragraph 1 – point 9 – point a b (new)
Article 267 – paragraph 1 – point 9 – point a b (new)
Regulation (EU) No 1305/2013
Article 39 – paragraph 4 – point b
Article 39 – paragraph 4 – point b
(ab) In Article 39 (4), point b is replaced by the following: "(b) the amounts paid by the mutual fund as financial compensation to farmers in case of loss or as the annual contribution to the same fund. In addition, the financial contribution may relate to interest on commercial loans taken out by the mutual fund for the purpose of paying the financial compensation to farmers in case of crisis. No contribution by public funds shall be made to initial capital stock." (http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32013R1305&rid=1)" Or. en
Amendment 194 #
2016/0282(COD)
Proposal for a regulation
Article 267 – paragraph 1 – point 9 – point b
Article 267 – paragraph 1 – point 9 – point b
Regulation (EU) No 1305/2013
Article 39 – paragraph 4 – point b
Article 39 – paragraph 4 – point b
Amendment 202 #
2016/0282(COD)
Proposal for a regulation
Article 265 – paragraph 1 – point 16
Article 265 – paragraph 1 – point 16
Regulation (EU) No 1303/2013
Article 42 – paragraph 5 – subparagraph 1
Article 42 – paragraph 5 – subparagraph 1
Amendment 202 #
2016/0282(COD)
Proposal for a regulation
Article 267 – paragraph 1 – point 10
Article 267 – paragraph 1 – point 10
Regulation (EU) No 1305/2013
Article 39a – Heading
Article 39a – Heading
Article 39a Income insurance and stabilisation tool for farmers of a specific sector
Amendment 204 #
2016/0282(COD)
Proposal for a regulation
Article 265 – paragraph 1 – point 17
Article 265 – paragraph 1 – point 17
Regulation (EU) No 1303/2013
Article 43a
Article 43a
Amendment 207 #
2016/0282(COD)
Proposal for a regulation
Article 267 – paragraph 1 – point 10
Article 267 – paragraph 1 – point 10
Regulation (EU) No 1305/2013
Article 39a – paragraph 1
Article 39a – paragraph 1
1. Support under point (d) of Article 36(1) shall only be granted in duly justified cases and where the drop offor insurance contracts and mutual funds which cover for income loss exceedsing 20 % of the average annual income of the individual farmer in the preceding three-year period or a three-year average based on the preceding five-year period excluding the highest and lowest entry. Income for the purposes of point (d) of Article 36(1) shall refer to the sum of revenues the farmer receives from the market, including any form of public support, deducting input costs. Payments by the mutual fund to farmers shall compensate for less than 70 % of the income lost in the year the producer becomes eligible to receive this assistanceIndexes or indicators, which may refer for example to revenues, prices, quantities and/or costs, even at regional level or local area, may be used to calculate the actual loss of turnover or revenues per farmer.
Amendment 247 #
2016/0282(COD)
Proposal for a regulation
Article 268 – paragraph 1 – point 4
Article 268 – paragraph 1 – point 4
Regulation (EU) No 1306/2013
Article 54 – paragraph 2
Article 54 – paragraph 2
Amendment 254 #
2016/0282(COD)
Proposal for a regulation
Article 265 – paragraph 1 – point 40 – point d
Article 265 – paragraph 1 – point 40 – point d
Regulation (EU) No 1303/2013
Article 106 – subparagraph 1 – points 6 and 7
Article 106 – subparagraph 1 – points 6 and 7
Amendment 268 #
2016/0282(COD)
Proposal for a regulation
Article 265 – paragraph 1 – point 61
Article 265 – paragraph 1 – point 61
Regulation (EU) No 1303/2013
Annex IV
Annex IV
Amendment 276 #
2016/0282(COD)
Proposal for a regulation
Article 269 – paragraph 1 – point 1 a (new)
Article 269 – paragraph 1 – point 1 a (new)
Regulation (EU) 1307/2013
Article 9 – paragraph 3a (new)
Article 9 – paragraph 3a (new)
1 a. In Article 9, the following paragraph is added: 3a. Member States may decide to use national public registers to identify natural or legal persons, or groups of natural or legal persons, as active farmers.
Amendment 285 #
2016/0282(COD)
Amendment 291 #
2016/0282(COD)
Proposal for a regulation
Article 269 – paragraph 1 – point 2
Article 269 – paragraph 1 – point 2
Regulation (EU) No 1307/2013
Article 9 – paragraph 8
Article 9 – paragraph 8
Amendment 310 #
2016/0282(COD)
Proposal for a regulation
Article 269 – paragraph 1 – point 3 a (new)
Article 269 – paragraph 1 – point 3 a (new)
Regulation (EU) No 1307/2013
Article 44 – paragraph 1– subparagraph 1
Article 44 – paragraph 1– subparagraph 1
3 a. In Article 44 (1), the subparagraph 1 is replaced by the following: “1. Where the arable land of the farmer covers between 105 and 30 hectares and is not entirely cultivated with crops under water for a significant part of the year or for a significant part of the crop cycle, there shall be at least two different crops on that arable land. The main crop shall not cover more than 75 % of that arable land.” Or. en (http://eur- lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2013:347:0608:0670:en:PDF)
Amendment 318 #
2016/0282(COD)
Proposal for a regulation
Article 269 – paragraph 1 – point 3 d (new)
Article 269 – paragraph 1 – point 3 d (new)
Regulation (EU) No 1307/2013
Article 46 – paragraph 2 – introductory part
Article 46 – paragraph 2 – introductory part
Amendment 324 #
2016/0282(COD)
Proposal for a regulation
Article 269 – paragraph 1 – point 3 b (new)
Article 269 – paragraph 1 – point 3 b (new)
Regulation (EU) No 1307/2013
Article 46 – paragraph 2 – point ja (new)
Article 46 – paragraph 2 – point ja (new)
3 b. In Article 46(2), the following point is added: “(ja) areas with hemp”
Amendment 413 #
2016/0282(COD)
Proposal for a regulation
Article 270 – paragraph 1 – point 1 – point a
Article 270 – paragraph 1 – point 1 – point a
Regulation (UE) No 1308/2013
Article 33 – paragraph 1 – point f
Article 33 – paragraph 1 – point f
(f) crisis prevention and management, including providing coaching to other producer organisations, associations of producer organisations, producer groups or individual producers, actions and activities aimed to diversification and consolidation of export markets in third countries;
Amendment 426 #
2016/0282(COD)
Proposal for a regulation
Article 270 – paragraph 1 – point 1 – point b a (new)
Article 270 – paragraph 1 – point 1 – point b a (new)
Regulation (EU) No 1308/2013
Article 33 – paragraph 1 – point ia (new)
Article 33 – paragraph 1 – point ia (new)
(b a) In Article 33 (1), the following point is inserted: ia) actions aimed to diversification and consolidation of export markets in third countries;
Amendment 437 #
2016/0282(COD)
Proposal for a regulation
Article 270 – paragraph 1 – point 2
Article 270 – paragraph 1 – point 2
Regulation (EU) No 1308/2013
Article 34 – paragraph 4 – point b
Article 34 – paragraph 4 – point b
(b) actions related to coaching of other producer organisations, producer groups or individual producers from Member States referred to in Article 35(1) or related to actions and activities aimed to diversification and consolidation of export markets in third countries referred to in article 33 (1) point f.
Amendment 444 #
2016/0282(COD)
Proposal for a regulation
Article 270 – paragraph 1 – point 3
Article 270 – paragraph 1 – point 3
Regulation (EU) No 1308/2013
Article 35
Article 35
Amendment 456 #
2016/0282(COD)
Proposal for a regulation
Article 270 – paragraph 1 – point 3 a (new)
Article 270 – paragraph 1 – point 3 a (new)
Regulation (EU) No 1308/2013
Article 64 – paragraph 3a (new)
Article 64 – paragraph 3a (new)
3a. in Article 64, the following paragraph is added: (3a) Member States may set a ceiling on the surface area for applications for each individual beneficiary.
Amendment 466 #
2016/0282(COD)
Proposal for a regulation
Article 270 – paragraph 1 – point 3 a (new)
Article 270 – paragraph 1 – point 3 a (new)
Regulation (EU) No 1308/2013
Article 152 – paragraph 1 – introductory part
Article 152 – paragraph 1 – introductory part
3 a. In Article 152(1), the introductory part is replaced by the following: “1. Member States mayshall, on request, recognise producer organisations, which:” Or. en (http://eur- lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2013:347:0671:0854:en:PDF)
Amendment 474 #
2016/0282(COD)
Proposal for a regulation
Article 270 – paragraph 1 – point 3 b (new)
Article 270 – paragraph 1 – point 3 b (new)
Regulation (EU) No 1308/2013
Article 172 – paragraph 2
Article 172 – paragraph 2
Amendment 476 #
2016/0282(COD)
Proposal for a regulation
Article 270 – paragraph 1 – point 3 c (new)
Article 270 – paragraph 1 – point 3 c (new)
Regulation (EU) No 1308/2013
Article 64 – paragraph 2 – introductory part
Article 64 – paragraph 2 – introductory part
Amendment 451 #
2016/0280(COD)
Proposal for a directive
Article 13
Article 13
Amendment 24 #
2016/0230(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The Paris Agreement, inter alia, sets out a long-term goal in line with the objective to keep the global temperature increase well below 2°C above pre- industrial levels and to pursue efforts to keep it to 1.5°C above pre-industrial levels which scientists agree requires the world to enter into a period of negative emissions, where forests will play a central role in achieving this. In order to achieve this goal, the Parties should prepare, communicate and maintain successive nationally determined contributions. The Paris Agreement replaces the approach taken under the 1997 Kyoto Protocol which will not be continued beyond 2020. The Paris Agreement also calls for a balance between anthropogenic emissions by sources and removals by sinks of greenhouse gases in the second half of this century, and invites Parties to take action to conserve and enhance, as appropriate, sinks and reservoirs of greenhouse gases, including forests.
Amendment 50 #
2016/0230(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) Agriculture and land use are sectors that have a direct and significant impact on the Union’s biodiversity and ecosystems services. For this reason, an important objective of the sector is to ensure ongoing coherence with the Union’s biodiversity objectives aimed at halting and reversing the loss of biodiversity and ecosystem services. In light of this, measures undertaken by Member States in the LULUCF sector and aiming in particular to achieve climate change mitigation, should also ensure coherence with the achievement of the Union’s biodiversity objectives, including those set out in the EU Biodiversity Strategy, and the Birds and Habitats Directives.
Amendment 95 #
2016/0230(COD)
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
It is the ultimate objective of this Regulation to contribute to the global objective to keep temperatures below 2 degrees, pursuing efforts to limit to warming to 1.5 degrees.
Amendment 106 #
2016/0230(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point e a (new)
Article 2 – paragraph 1 – point e a (new)
(ea) managed wetland: land use reported as wetland remaining wetland, and settlement, other land converted to wetland and wetland converted to settlement and other land.
Amendment 113 #
2016/0230(COD)
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
Amendment 123 #
2016/0230(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The Commission shall be empowered to adopt delegated acts in accordance with Article 14 to adapt the definitions in paragraph 1 to scientific developments or technical progress and to ensure consistency between those definitions and any changes to relevant definitions in the 2006 IPCC Guidelines for National Greenhouse Gas Inventories ('IPCC Guidelines') and the 2013 IPCC Wetlands Supplementary Guidelines for national Greenhouse Gas Inventories.
Amendment 127 #
2016/0230(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
For the period from 2021 to 2025 and from 2026 to 2030, taking into account the flexibilities provided for in Article 11, each Member States shall ensdeavoure that emissions do not exceedo increase their removals, calculated as the sum of total emissions and removals on their territory in the land accounting categories referred to in Article 2 combined, as accounted in accordance with this Regulation, so that removals exceed emissions in line with the Union’s long term commitments under the Paris Agreement.
Amendment 132 #
2016/0230(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
Member States shall submit, by 30 June 2019, an action plan to the Commission that sets out targets for 2040, 2050, 2060 and 2070 to increase removals. These removals shall be calculated as the sum of total emissions and removals on their territory in the land accounting categories referred to in Article 2 combined, as accounted in accordance with this Regulation. These can take the form of National Energy and Climate Plans (NECPs).
Amendment 148 #
2016/0230(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall account for emissions and removals resulting from afforested land and deforested land, as the totalcalculated as emissions and removals for each of the years in the periods from 2021 to 2025 and from 2026 to 2030 minus the value obtained by multiplying by five the Member State's average annual emissions and removals resulting from afforested land and deforested land in its base period 2005- 2007.
Amendment 151 #
2016/0230(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. ByThe Commission may grant a derogation from the requirement to apply the default value established in Article 5(3), a Member State mayon the basis of a written application submitted by a Member State including a scientific assessment justifying the transition of cropland, grassland, wetland, settlements and other land from the category of such land converted to forest land to the category of forest land remaining forest land after 30 years from the date of conversion. A derogation shall only be granted if the Member State demonstrates that this derogation is based on the IPCC guidelines and has been approved by an expert review team. The Member State must demonstrate that the rotation length is at least double the length of the maximum transition period, in this case 60 years.
Amendment 156 #
2016/0230(COD)
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Article 6 a Preserving biodiversity In order for removals to be included in the accounts of a Member State, the Member State concerned shall ensure that its mitigation activities do not negatively impact Union biodiversity objectives, as specified in the EU biodiversity strategy and in the Birds and Habitats Directives.
Amendment 168 #
2016/0230(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
Amendment 175 #
2016/0230(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Member States that have chosen to include managed wetland in the scope of their commitments in accordance with Article 2 shall account for emissions and removals resulting from managed wetland, calculated as emissions and removals in the periods from 2021 to 2025 and/or from 2026 to 2030 minus the value obtained by multiplying by five the Member State’s average annual emissions and removals resulting from managed wetland in its base period 2005-2007.
Amendment 180 #
2016/0230(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall account for emissions and removals resulting from managed forest land, calculated as emissions and removals in the periods from 2021 to 2025 and from 2026 to 2030 minus the value obtained by multiplying by five itsannual average emissions and removals in the forest reference levelperiod. A forest reference levelperiod is an estimate of the average annual net emissions or removals resulting from managed forest land within the territory of the Member State in the periods from 20211990 to 2025 and from 2026 to 2030.09. (The change of “forest reference level” to “forest reference period” applies throughout the text.)
Amendment 209 #
2016/0230(COD)
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 2
Article 8 – paragraph 3 – subparagraph 2
The national forestry accounting plan shall contain all the elements listed in Annex IV, section B and include a proposed new forest reference level based on the continuation of current forest management practice and intensity, as documented between 1990-2009 per forest type and per age class in national forests, expressed in tonnes of CO2 equivalent per year, assuming a constant ratio between solid and energy use of forest biomass.
Amendment 243 #
2016/0230(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. At the end of the periods from 2021 to 2025 and from 2026 to 2030, Member States may exclude from their accounts for afforested land and managed forest land greenhouse gas emissions resulting from natural disturbances exceeding the average emissions caused by natural disturbances in the period 2001-2020, excluding statistical outliers ('background level') calculated in accordance with this Article and Annex VI.
Amendment 248 #
2016/0230(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. To the extent that total removals exceed emissions in a Member State and after subtraction of any quantity taken into account under Article 7 of Regulation [ ] on binding annual greenhouse gas emission reductions by Member States from 2021 to 2030, that Member State may transfer the remaining quantityup to 50% of the exceedance to another Member State. The transferred quantity shall be taken into account when assessing the receiving Member State’s compliance with its commitment pursuant to Article 4.
Amendment 254 #
2016/0230(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. To the extent that total removals exceed emissions in a Member State in the period from 2021 to 2025, and after subtraction of any quantity taken into account under Article 7 of Regulation [ ] on binding annual greenhouse gas emission reductions by Member States from 2021 to 2030 or transferred to another Member State pursuant to paragraph 2, that Member State may bank the remaining quantity to the period 2026- 2030 up to 50% of the exceedance.
Amendment 256 #
2016/0230(COD)
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
Amendment 258 #
2016/0230(COD)
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
5. If a Member State is not in compliance with the monitoring requirements laid down in Article 7(1) da) of Regulation (EU) No 525/2013, the Central Administrator designated under Article 20 of Directive 2003/87/EC shall temporarily prohibit that Member State from transferring or banking pursuant to paragraphs 2-3.
Amendment 269 #
2016/0230(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
The Commission shall review the ambition of this proposal after the 2018 facilitative dialogue. It shall report to the European Parliament and to the Council by 28 February 2024 and every fivetwo years thereafter on the operation of this Regulation, its contribution to the EU's overall 2030 greenhouse gas emission reduction target and its contribution to the long-term goals of the Paris Agreement, and may make proposals if appropriate.
Amendment 276 #
2016/0230(COD)
Proposal for a regulation
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
The Commission with assistance from the EEA shall review the combined ambition of the Regulations [ESR] [LULUCF] and [ETS] after the 2018 UNFCCC facilitative dialogue has taken place. The Commission shall report to the European Parliament and to the Council within a year of the facilitative dialogue, proposing changes to the EU's 2030 and 2050 greenhouse gas emissions targets, including LULUCF, to ensure coherence with achieving the Paris Agreement's long-term goals. These goals are to hold the increase in global average temperature to well below 2˚C above pre- industrial levels and pursue efforts to limit the temperature increase to 1.5 °C, and to achieve a balance between anthropogenic emissions by sources and removals by sinks of greenhouse gases in the second half of this century
Amendment 282 #
2016/0230(COD)
Proposal for a regulation
Annex IV – part A – paragraph 1 – point c
Annex IV – part A – paragraph 1 – point c
(c) Reference levels should ensure a robust and credible accounting that excludes the impact of policies on the development of the forest sink, to guarantee that emissions and removals resulting from biomass use are properly accounted for;
Amendment 130 #
2016/0152(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) This Regulation should not, unless strictly necessary, affect acts of Union law concerning judicial cooperation in civil matters, notably the provisions on the law applicable to contractual obligations and on jurisdiction set out in Regulations (EC) No 593/2008 of the European Parliament and of the Council24 and (EU) 1215/2012 of the European Parliament and of the Council25, including the application of those acts and provisions in individual cases. In particular, the mere fact that a trader acts in accordance with the provisions of this Regulation should not be construed as implying that he directs his activities to the consumer’s Member State for the purpose of such application. Furthermore, for the purposes of determining the law applicable and jurisdiction, the mere fact that a trader refrains from blocking or restricting access to his online interface for customers from another Member State, or from applying different conditions of access in the situations set out in this Regulation, or from discriminating in terms of payment, does not mean that he is directing his activities towards the customer’s Member State, unless the trader has shown a clear intention to direct his activities towards the Member State where the customer is resident or habitually domiciled, for instance through a delivery capacity or through advertising traceable to him. __________________ 24 Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) (OJ L 177, 4.7.2008, p. 6). 25 Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 351, 20.12.2012, p. 1).
Amendment 148 #
2016/0152(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Both consumers and undertakings should be safeguard, in particular micro-enterprises and SMEs, meet similar conditions of access when acquiring goods and services as end- users. Therefore, both consumers and undertakings should be protected from discrimination for reasons related to their nationality, place of residence or place of establishment when acting as customers for the purposes of this Regulation. However, that protection should not extend to customers purchasing a good or a service for resale, conversion, processing, or renting because it would affect widely used distribution schemes between undertakings in a business to business context, often negotiated bilaterally and linked to commercial strategies, such as selective and exclusive distribution, which generally allow for manufacturers to select their retailers, subject to compliance with the rules on competition.
Amendment 160 #
2016/0152(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) In order to increase the possibility for customers to access information related to the sales of goods and the provision of services on the internal market and to increase transparency, including with respect to prices, traders should not, through the use of technological measures or otherwise, prevent customers from having full and equal access to online interfaces, including all versions of the applications available, on the basis of their nationality, place of residence or place of establishment. Such technological measures can encompass, in particular, any technologies used to determine the physical location of the customer, including the tracking of that by means of IP address, coordinates obtained through a global navigation satellite system or data related to a payment transaction. However, that prohibition of discrimination with respect to access to online interfaces should not be understood as creating an obligation for the trader to engage in commercial transactions with customers.
Amendment 179 #
2016/0152(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) In a number of specific situations, any differences in the treatment of customers through the application of general conditions of access, including outright refusals to sell goods or to provide services, for reasons related to the customers’ nationality, place of residence or place of establishment cannot be objectively justified. In those situations, all such discrimination should be prohibited and customers should consequently be entitled, under the specific conditions laid down in this Regulation, to engage in commercial transactions under the same conditions as a local customer and have full and equal access to any of the different goods or services offered irrespective of their nationality, place of residence or place of establishment. Where necessary, traders should therefore take measures to ensure compliance with that prohibition of discrimination if otherwise the customers concerned would be precluded from having such full and equal access. However, the prohibition applicable in those situations should not be understood as precluding traders from directing their activitiedoes not prevent traders from making use of targeted offers atnd different Member States or certain groups of customers with targeteding terms and conditions, or of commercial offers andings differing terms and conditionsfrom one Member State to another, including through the setting-up of country-specific online interfaces.
Amendment 185 #
2016/0152(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) The first of those situations is where the trader sells goods and there is no cross-border delivery of those goods by or on behalf of the trader to the Member State where the customer resides. In that situation the customer should be able to purchase goods, under exactly the same conditions, including price and conditions relating to the delivery of the goods, as similar customers who are residents of the Member State of the traderwhere the trader makes deliveries. This Regulation does not oblige the trader to make deliveries to given Member States, where this is not explicitly provided for in the terms and conditions of sale, even if the customer is resident or established in one of those Member States. In such cases the trader may give the customer the option of collecting the goods at an agreed collection point in the Member State of the trader or, in any event, a Member State to which the trader has indicated that he is willing to make the delivery. That may mean that a foreign customer will have to pick up the good in that Member State, or in a different Member State to which the trader delivers. In this situation, there is no need to register for value added tax (“VAT”) in the Member State of the customer, nor arrange for the cross-border delivery of goods. The costs of shipping and transport from the collection point agreed in the contract, and the related risks, should be borne by the customer.
Amendment 188 #
2016/0152(COD)
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) Pursuant to Directive 1999/44/EC a trader is obliged to repair or replace, free of charge, goods which are not in conformity with the contract. The trader has to inform the customer that the shipping and transport costs necessary in order to bring the goods into conformity include only those costs incurred by the trader in shipping or transporting the goods from the place where, as agreed in the contract, the customer first collected the goods and the costs incurred by the trader in shipping or transporting the repaired or replacement goods to that place. The shipping and transport costs incurred by the customer in taking the goods to the agreed initial collection point and the shipping and transport costs incurred by the customer in collecting the repaired and replacement goods from that place, and the related risks, should be borne by the customer.
Amendment 226 #
2016/0152(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) Member States should designate one or more bodies responsible for taking effective action to monitor and to secure compliance with the provision of this Regulation. Member States should also ensure that traders comply with the provisions of this Regulation and, in the event of any breaches, that effective, proportionate and dissuasive penalties can bare imposed on traders in the event of any breach of this Regulation.
Amendment 233 #
2016/0152(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) This Regulation should be regularly evaluated, with a view to proposing amendments where necessary. The first evaluation should concentrate, in particular, on the possible extension of the prohibition of Article 4(1)(b) to electronically supplied services, the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter, provided that the trader has the requisite rights for the relevant territories. The second evaluation should determine whether, in the new more open single market context, which is serving to eliminate geo-blocking and other forms of discrimination based on customers’ nationality, place of residence, or place of establishment, Regulation (EC) No 593/2008 on the law applicable and Regulation (EU) No 1215/2012 on jurisdiction are still appropriate to afford full protection to customers and traders, in particular SMEs and micro-enterprises, or whether those two Regulations are skewed and overly burdensome for either one of the two parties. In the latter case the above Regulations should be updated in order to allow for the new regulatory and market context.
Amendment 290 #
2016/0152(COD)
Proposal for a regulation
Article 1 – paragraph 5
Article 1 – paragraph 5
5. This Regulation shall not affect acts of Union law concerning judicial cooperation in civil matters. Compliance with this Regulation shall not be construed as implying that a trader directs his or her activities to the Member State where the consumer has the habitual residence or domicile within the meaning of point (b) of Article 6(1) of Regulation (EC) No 593/2008 and point (c) of Article 17(1) of Regulation (EU) 1215/2012. In particular, where, under Articles 3, 4 and 5 of this Regulation, a trader provides customers in all Member States with non- discriminatory access to his or her online interface, or in cases where the trader does not redirect customers to a version of his or her online interface that is different from the online interface which the customer originally sought to access, or in cases where the trader does not apply different terms and conditions of access when selling goods or providing services in the situations set out in this Regulation, or in cases where the trader accepts payment instruments of another Member State on a non-discriminatory basis, he or she may not be regarded as directing his or her activities towards the Member State where the customer has the habitual residence of domicile, unless he or she has manifested a clear intention to direct his or her activities towards that Member State.
Amendment 326 #
2016/0152(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 2
Article 3 – paragraph 2 – subparagraph 2
In the event of such redirection with the customer's explicit consent, the original version of the online interface which the customer originally sought to access shall remain easily accessible for thate customer.
Amendment 341 #
2016/0152(COD)
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Where a trader blocks or limits access of customers to an online interface or redirects customers to a different version of the online interface in compliance with paragraph 4, the trader shall provide a clear justificexplanation. That justificexplanation shall be given in the language of the online interface that the customer originally sought to access.
Amendment 410 #
2016/0152(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Amendment 421 #
2016/0152(COD)
Proposal for a regulation
Article 8 a (new)
Article 8 a (new)
Article 8a Jurisdiction Where the trader is an SME or a microenterprise and has not manifested a clear intention to direct its activities towards the customer’s Member State, both parties may bring legal proceedings in the courts of the Member State in which the trader is domiciled.
Amendment 433 #
2016/0152(COD)
Proposal for a regulation
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2a. The evaluation referred to in paragraph 1 shall also cover the characteristics and nature of disputes stemming from the implementation of this Regulation, with a view to establishing whether changes need to be made to Regulation (EC) No 593/2008 and Regulation (EU) No 1215/2012.
Amendment 147 #
2016/0133(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) In order to prevent that applicants with inadmissible claims or who are likely not to be in need of international protection, or who represent a security risk are transferred among the Member States, it is necessary to ensure that the Member where an application is first lodged verifies the admissibility of the claim in relation to the first country of asylum and safe third country, examines in accelerated procedures applications made by applicants coming from a safe country of origin designated on the EU list, as well as applicantexamines in accelerated procedures applications made by applications presenting security concerns.
Amendment 161 #
2016/0133(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) In order to ensure full respect for the principle of family unity and for the best interests of the child, the existence of a relationship of dependency between an applicant and his or her child, sibling or parent on account of the applicant’s pregnancy or maternity, state of health or old age, should become a binding responsibility criterion. When the applicant is an unaccompanied minor, the presence of a family member or relative on the territory of another Member State who can take care of him or her should also become a binding responsibility criterion. In order to discourage secondary movements of unaccompanied minors, which are not in their best interests, in the absence of a family member or a relative, the Member State responsible should be that where the unaccompanied minor first has lodgedis present when his or her application for international protection is lodged, unless it is demonstrated that this would not be in the best interests of the child. Before transferring an unaccompanied minor to another Member State, the transferring Member State should make sure that that Member State will take all necessary and appropriate measures to ensure the adequate protection of the child, and in particular the prompt appointment of a representative or representatives tasked with safeguarding respect for all the rights to which they are entitled. Any decision to transfer an unaccompanied minor should be preceded by an assessment of his/her best interests by staff with the necessary qualifications and expertise.
Amendment 167 #
2016/0133(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Assuming responsibility by a Member State for examining an application lodged with it in cases when such examination is not its responsibility under the criteria laid down in this Regulation may undermine the effectiveness and sustainability of the system and should beis exceptional. Therefore, a Member State should be able to derogate from the responsibility criteria only on humanitarian grounds, in particular for family reasons, before a Member State responsible has been determined and examine an application for international protection lodged with it or with another Member State, even if such examination is not its responsibility under the binding criteria laid down in this Regulation.
Amendment 174 #
2016/0133(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) In order to ensure that the aims of this Regulation are achieved and obstacles to its application are prevented, in particular in order to avoid absconding and secondary movements between Member States, it is necessary to establish clear obligations to be complied with by the applicant in the context of the procedure, of which he or she should be duly informed in a timely manner. Violation of those legal obligations should lead to appropriate and proportionate procedural consequences for the applicant and to appropriate and proportionate consequences in terms of his or her reception conditions. In line with the Charter of Fundamental Rights of the European Union, the Member State where such an applicant is present should in any case ensure that the immediate material needs of that person are covered.
Amendment 184 #
2016/0133(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) A personal interview with the applicant should be organised in order to facilitate the determination of the Member State responsible for examining an application for international protection unless the applicant has absconded or the information provided by the applicant is sufficient for determining the Member State responsible. As soon as the application for international protection is lodged, the applicant should be informed in particular of the application of this Regulation, of the lack of choice as to which Member State will examine his or her asylum application; of his or her obligations under this Regulation and of the consequences of not complying with themrights under this Regulation, in particular the opportunity to provide information on any family members or persons with other family connections in other Member States, and of his or her obligations under this Regulation and of the consequences of not complying with them. The information given to the applicant must be clear and concise and in a language that he or she understands.
Amendment 192 #
2016/0133(COD)
Proposal for a regulation
Recital 25
Recital 25
Amendment 227 #
2016/0133(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) A key based on the size of the population and of, on the economy of the Member States, including their growth and employment rates, should be applied as a point of reference in the operation of the corrective allocation mechanism in conjunction with a threshold, so as to enable the mechanism to function as a means of assisting Member States under disproportionate pressuremost exposed to migration flows. The application of the corrective allocation for the benefit of a Member State should be triggered automatically where the number of applications for international protection for which a Member State is responsible exceeds 150% of the figure identified in the reference keyand in a way that is binding on all the Member States. In order to comprehensively reflect the efforts of each Member State, the number of persons effectively resettled to that Member State should be added to the number of applications for international protection for the purposes of this calculation.
Amendment 236 #
2016/0133(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) WhenIn applying the allocation mechanism applies, the applicants who lodged their applications in the benefitting Member State should be allocated to Member States which are below their share of applications on the basis of the reference key as applied to those Member States. Appropriate rules should be provided for in cases where an applicant may for serious reasons be considered a danger to national security or public order, especially rules as regards the exchange of information between competent asylum authorities of Member States. After the transfer, the Member State of allocation should determine the Member State responsible, and should become responsible for examining the application, unless the overriding responsible criteria, related in particular to the presence of family members, determine that a different Member State should be responsible.
Amendment 284 #
2016/0133(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) In order to assess whether the corrective allocation mechanism in this Regulation is meeting the objective of ensuring a fair sharing of responsibility between Member States and of relieving disproportionate pressure on certain Member States, the Commission should review the functioning of the corrective allocation mechanism and in particular verify that the threshold for the triggering and cessation of the corrective allocationmechanism effectively ensures a fair sharing of responsibility between the Member States and a swift access of applicants to procedures for granting international protection in situations when a Member State is confronted with a disproportionate number of applications for international protection for which it is responsible under this Regulation.
Amendment 287 #
2016/0133(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation lays down the criteria and mechanisms for determining the single Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (‘the Member State responsible’).
Amendment 304 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – indent 2
Article 2 – paragraph 1 – point g – indent 2
- the minor children of couples referred to in the first indent or of the applicant, on condition that they are unmarried and regardless of whether they were born in or out of wedlock or adopted as defined under national law,
Amendment 311 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – indent 3
Article 2 – paragraph 1 – point g – indent 3
- the father, mother or, when the applicant is a minor and unmarried, the father, mother or, another adult responsible for the applicant, whether by law or by the practice of the Member State where the adult is present,
Amendment 317 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – indent 4
Article 2 – paragraph 1 – point g – indent 4
- whenthe father or mother of the beneficiary of international protection is a minor and unmarried, the father, mother or, if the applicant is a minor, another adult responsible for him or her whether by law or by the practice of the Member State where the beneficiary is present,
Amendment 325 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – indent 5 a (new)
Article 2 – paragraph 1 – point g – indent 5 a (new)
- the aunt or uncle or grandparent of the beneficiary of international protection, if they are present in the territory of a Member State, regardless of whether the applicant and/or the beneficiary was born in or out of wedlock or adopted as defined under national law;
Amendment 333 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point k
Article 2 – paragraph 1 – point k
(k) “representative”‘guardian’ means a person or an organisation appointed by the competent bodies in order to assist and represent an unaccompanied minor in procedures provided for in this Regulation with a view to ensuring the best interests of the child and exercising legal capacity for the minor where necessary. Where an organisation is appointed as a representative, it shall designate a person responsible for carrying out its duties in respect of the minor, in accordance with this Regulation;
Amendment 340 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point o
Article 2 – paragraph 1 – point o
(o) ‘benefitting Member State’ means the Member State benefitting from the corrective allocation mechanism set out in Chapter VII of this Regulation and carrying out the allocation of the applicant;
Amendment 372 #
2016/0133(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point a
Article 3 – paragraph 3 – point a
Amendment 374 #
2016/0133(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point b – point i
Article 3 – paragraph 3 – point b – point i
Amendment 381 #
2016/0133(COD)
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Where the Member State considers an application inadmissible or examines an application in accelerated procedure pursuant to paragraph 3, that Member State shall be considered the Member State responsible.
Amendment 388 #
2016/0133(COD)
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
Amendment 395 #
2016/0133(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Where a person who intends to make an application for international protection has entered irregularly into the territory of the Member States, the application shall be made in the Member State of that first where he or she is presentry. Where a person who intends to make an application for international protection is legally present in a Member State, the application shall be made in that Member State.
Amendment 411 #
2016/0133(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 418 #
2016/0133(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 424 #
2016/0133(COD)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. As soon as an application for international protection is lodged within the meaning of Article 21(2) in a Member State, its competent authorities shall inform the applicant of the application of this Regulation, in particular the opportunity to provide information regarding the presence of family members or any other family relations in other Member States and of the obligations set out in Article 4 as well asnd the consequences of non-compliance set out in Article 5 , and in particular:
Amendment 434 #
2016/0133(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) of the objectives of this Regulation and the consequences of making another application in a different Member State as well as the consequences of leaving the Member State where he or she is obliged to be present during the phases in which the Member State responsible under this Regulation is being determined and the application for international protection is being examined, in particular that the applicant shall not be entitled to the reception conditions set out in Articles 14 to 19 of Directive 2013/33/EU in any Member State other than the one where he or she is required to be present, with the exception of emergency health careapplication for international protection is being examined;
Amendment 438 #
2016/0133(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b a (new)
Article 6 – paragraph 1 – point b a (new)
(ba) the opportunity to provide information regarding the presence of family members or any other family relations in other Member States;
Amendment 454 #
2016/0133(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point i
Article 6 – paragraph 1 – point i
(i) where applicable, of the allocation procedure set out in Chapter VII.
Amendment 462 #
2016/0133(COD)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1
Article 6 – paragraph 2 – subparagraph 1
The information referred to in paragraph 1 shall be provided in writing in clear, concise language, and in a language that the applicant understands or is reasonably supposed to understand. Member States shall use the common leaflet drawn up pursuant to paragraph 3 for that purpose.
Amendment 486 #
2016/0133(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The personal interview shall be conducted in a language that the applicant understands or is reasonably supposed to understand and in which he or she is able to communicate. Where necessary, Member States shall have recourse to an interpreter who is able to ensure appropriate communication between the applicant and the person conducting the personal interview.
Amendment 495 #
2016/0133(COD)
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
5. The Member State conducting the personal interview shall make a written summary thereof which shall contain at least the main information supplied by the applicant at the interview. This summary may either take the form of a report or a standard formrecord it in full using audiovisual equipment. The Member State shall ensure that the applicant and/or the legal advisor or other counsellor who is representing the applicant have timely access to the summaryaudiovisual recording.
Amendment 498 #
2016/0133(COD)
1. The best interests of the child shall be athe primary consideration for Member States with respect to all procedures provided for in this Regulation.
Amendment 499 #
2016/0133(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
Each Member State where an unaccompanied minor is obliged to be present shall ensure that a representativeguardian represents and/or assists the unaccompanied minor with respect to the relevant procedures provided for in this Regulation. The representativeguardian shall have the qualifications and, expertise and independence to ensure that the best interests of the minor are taken into consideration during the procedures carried out under this Regulation. Such representative, and the guardian must have received appropriate training in this area. Such a guardian shall have access to the content of the relevant documents in the applicant’s file including the specific leaflet for unaccompanied minors. Through implementing measures, the Commission shall lay down the requirements and procedures for the training of guardians.
Amendment 536 #
2016/0133(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The criteria for determining the Member State responsible shall be applied only once, in the order in which they are set out in this Chapter.
Amendment 547 #
2016/0133(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The Member State responsible shall be that where a family member of the unaccompanied minor is legally present, provided that it is in the best interests of the minor. Where the applicant is a married minor whose spouse is not legally present on the territory of the Member States, the Member State responsible shall be the Member State where the father, mother or other adult responsible for the minor, whether by law or by the practice of that Member State, or sibling is legally present.
Amendment 555 #
2016/0133(COD)
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. In the absence of a family member or a relative as referred to in paragraphs 2 and 3, the Member State responsible shall be that where the unaccompanied minor first has lodged his or her application for international protectionis staying, unless it is demonstrated that this is not in the best interests of the minor.
Amendment 584 #
2016/0133(COD)
Proposal for a regulation
Article 15
Article 15
Amendment 610 #
2016/0133(COD)
Proposal for a regulation
Article 19 – paragraph 1 – subparagraph 1
Article 19 – paragraph 1 – subparagraph 1
By way of derogation from Article 3(1) and only as long as no Member State has been determined as responsible , each Member State may decide to examine an application for international protection lodged with it by a third-country national or a stateless person based on family grounds in relation to wider family not covered by Article 2(g) , even if such examination is not its responsibility under the criteria laid down in this Regulation.
Amendment 617 #
2016/0133(COD)
Proposal for a regulation
Article 19 – paragraph 1 – subparagraph 2
Article 19 – paragraph 1 – subparagraph 2
The Member State which decides to examine an application for international protection pursuant to this paragraph shall become the Member State responsible and shall assume the obligations associated with that responsibility. Where applicable, iIt shall inform the Member State previously responsible, the Member State conducting a procedure for determining the Member State responsible or the Member State which has been requested to take charge of the applicant.
Amendment 621 #
2016/0133(COD)
Proposal for a regulation
Article 19 – paragraph 2 – subparagraph 1
Article 19 – paragraph 2 – subparagraph 1
The Member State in which an application for international protection is made and which is carrying out the process of determining the Member State responsible may, at any time before a Member State responsible has been determined , or the Member State responsible, may, at any time before a decision regarding the substance is taken, request another Member State to take charge of an applicant in order to bring together any family relations, on humanitarian grounds , even where that other Member State is not responsible under the criteria laid down in Articles 10 to 13 and 18. The persons concerned must express their consent in writing.
Amendment 623 #
2016/0133(COD)
Proposal for a regulation
Article 19 a (new)
Article 19 a (new)
Article 19a Cessation of responsibilities 1. Where a Member State issues a residence document to the applicant, the obligations specified in Article 20(1) shall be transferred to that Member State. 2. The obligations specified in Article 20(1) shall cease where the Member State responsible can establish, when requested to take charge or take back an applicant or another person as referred to in Article 20(1)(c) or (d), that the person concerned has left the territory of the Member States for at least three months, unless the person concerned is in possession of a valid residence document issued by the Member State responsible. An application lodged after the period of absence referred to in the first subparagraph shall be regarded as a new application giving rise to a new procedure for determining the Member State responsible. 3. The obligations specified in Article 20 (1)(c) and (d) shall cease where the Member State responsible can establish, when requested to take back an applicant or another person as referred to in Article 20 (1)(c) or (d), that the person concerned has left the territory of the Member States in compliance with a return decision or removal order issued following the withdrawal or rejection of the application. An application lodged after an effective removal has taken place shall be regarded as a new application giving rise to a new procedure for determining the Member State responsible.
Amendment 773 #
Amendment 782 #
2016/0133(COD)
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. The allocation mechanism referred to in this Chapter shall be applied for the benefit of a Member State, where that Member State is confronted with a disproportionate number ofan applicant is present, in which he or she has submitted an applications for international protection for which it is the Member State responsible under this Regulationand who has no family ties in any EU Member State.
Amendment 788 #
2016/0133(COD)
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. Paragraph 1 applies where the automated system referred to in Article 44(1) indicates that the number of applications for international protection for which a Member State is responsible under the criteria in Chapter III, Articles 3(2) or (3), 18 and 19, in addition to the number of persons effectively resettled, is higher than 150% of the reference number for that Member State as determined by the keyautomatically on the basis of the automated system referred to in Article 3544(1).
Amendment 805 #
2016/0133(COD)
Proposal for a regulation
Article 34 – paragraph 4
Article 34 – paragraph 4
4. The automated system shall inform Member States, the Commission and the European Union Agency for Asylum once per weekyear of the Member States' respective shares in applications for which they are the Member State responsible.
Amendment 806 #
2016/0133(COD)
Proposal for a regulation
Article 34 – paragraph 5
Article 34 – paragraph 5
Amendment 809 #
2016/0133(COD)
Proposal for a regulation
Article 34 – paragraph 6
Article 34 – paragraph 6
Amendment 812 #
2016/0133(COD)
Proposal for a regulation
Article 34 a (new)
Article 34 a (new)
Article 34 a Family reunification procedure 1. Where the applicant states that he or she has family links in one of the Member States, the Member State which has received the application for international protection shall, within 30 days of the registration of the application for international protection, carry out a check on the information provided by the applicant, before applying the allocation mechanism referred to in Article 34(1). 2. If, on the basis of that check, the applicant’s statements prove to be well- founded, the relevant Member State shall transfer the applicant to the Member State in which he or she has declared he or she has family links. 3. If the Member State to which the applicant is transferred ascertains that the applicant has made false declarations, that Member State shall apply the allocation mechanism referred to in Article 34(1).
Amendment 821 #
2016/0133(COD)
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. For the purpose of the correctiveallocation mechanism, the reference number for each Member State shall be determined by a key.
Amendment 824 #
2016/0133(COD)
Proposal for a regulation
Article 35 – paragraph 2 – point a
Article 35 – paragraph 2 – point a
(a) the size of the population (540 % weighting);
Amendment 828 #
2016/0133(COD)
Proposal for a regulation
Article 35 – paragraph 2 – point b
Article 35 – paragraph 2 – point b
(b) the total GDP (540% weighting);
Amendment 837 #
2016/0133(COD)
Proposal for a regulation
Article 35 – paragraph 2 – point b a (new)
Article 35 – paragraph 2 – point b a (new)
(ba) unemployment rate (20 %)
Amendment 854 #
2016/0133(COD)
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
1. Where the threshold referred to in Article 34(2) is reached, tThe automated system referred to in Article 44(1) shall apply the reference key referred to in Article 35 to those Member States with a number of applications for which they are the Member States responsible below their share pursuant to Article 35(1) and notify the Member States thereof.
Amendment 857 #
2016/0133(COD)
Proposal for a regulation
Article 36 – paragraph 2
Article 36 – paragraph 2
2. Applicants who lodged their application in the benefitting Member State after notification of allocation referred to in Article 34(5) shall be allocated to the Member States referred to in paragraph 1, and these Member States shall determine the Member State responsiblebecome responsible for examining the application for international protection.
Amendment 864 #
2016/0133(COD)
Proposal for a regulation
Article 36 – paragraph 3
Article 36 – paragraph 3
3. Applications declared inadmissible or examined in accelerated procedure in accordance with Article 3(3) shall not be subject to allocation.
Amendment 868 #
2016/0133(COD)
Proposal for a regulation
Article 36 a (new)
Article 36 a (new)
Article 36 a Determination of the Member State of allocation 1. On the basis of the reference key referred to in Article 35, the automatic system referred to in Article 44(1) shall indicate the Member State of allocation responsible for examining the application for international protection, taking into account the following criteria: (a) Member States which have received the lowest number of applications for international protection; (b) Applicant’s skills, including spoken language skills; (c) Applicant’s cultural and social ties.
Amendment 885 #
2016/0133(COD)
Proposal for a regulation
Article 37 – title
Article 37 – title
Amendment 887 #
2016/0133(COD)
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
1. A Member State may, at the end of the three-month period after the entry into force of this Regulation and at the end of each twelve-month period thereafter, enter in the automated system that it will temporarily not take part in the correctivThe allocation mechanism set out in Chapter VII of this Regulation as a Member Stateshall apply ofn allocation and notify th mandatory basis to theall Member States, the Commission and the European Union Agency for Asylum.
Amendment 894 #
2016/0133(COD)
Proposal for a regulation
Article 37 – paragraph 2
Article 37 – paragraph 2
2. The automated system referred to in Article 44(1) shall in that case apply the reference key during this twelve- month period to those Member States with a number ofFailure to comply with the obligations arising from the applications for which of they are the Member States responsible below their share pursuant to Article 35(1), with the exception of the Member State which entered the information, as well as the benefitting Member State. The automated system referred to in Article 44(1) shall count each application which would have otherwise been allocated to the Member State which entered the information pursuant to Article 36(4) for the sharellocation mechanism referred to in Chapter VII shall result in the suspension of commitments and payments in relation to the national and regional operating programmes of thate Member State involved.
Amendment 902 #
2016/0133(COD)
Proposal for a regulation
Article 37 – paragraph 3
Article 37 – paragraph 3
Amendment 911 #
2016/0133(COD)
Proposal for a regulation
Article 37 – paragraph 4
Article 37 – paragraph 4
Amendment 918 #
2016/0133(COD)
Proposal for a regulation
Article 37 – paragraph 5
Article 37 – paragraph 5
Amendment 974 #
2016/0133(COD)
Proposal for a regulation
Article 43
Article 43
Amendment 64 #
2016/0084(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Contaminants in CE marked fertilising products, such as cadmium, can potentiallikely pose a risk to human and animal health and the environment as they accumulate in the environment and enter the food chain. Their content should therefore be limited in such products. Furthermore, impurities in CE marked fertilising products derived from bio-waste, in particular polymers but also metal and glass, should be either prevented or limited to the extent technically feasible by detection of such impurities in separately collected bio-waste before processing.
Amendment 87 #
2016/0084(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) This Regulation should not prevent the application of existing Union legislation relating to aspects of protection of health, safety and the environment not covered by this Regulation. This Regulation should therefore apply without prejudice to Council Directive 86/278/EEC22 , Council Directive 89/391/EEC23 , Regulation (EC) No 1907/2006 of the European Parliament and of the Council24 , Regulation (EC) No 1272/2008 of the European Parliament and of the Council25 , Commission Regulation (EC) No 1881/200626 , Council Directive 2000/29/EC27 , Regulation (EU) No 98/2013 of the European Parliament and of the Council28 , and Regulation (EU) No 1143/2014 of the European Parliament and of the Council29 , and Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources, and Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy, and Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products. __________________ 22 Council Directive 86/278/EEC of 12 June 1986 on the protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture (OJ L 181, 4.7.1986, p. 6). 23 Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (OJ L 183, 29.6.1989, p. 1). 24 Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (OJ L 396, 30.12.2006, p. 1). 25 Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures (OJ L 353, 31.12.2008, p. 1). 26 Commission Regulation (EC) No 1881/2006 of 19 December 2006 setting maximum levels for certain contaminants in foodstuffs (OJ L 364, 20.12.2006, p. 5). 27 Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (OJ L 169, 10.7.2000, p. 1). 28 Regulation (EU) No 98/2013 of the European Parliament and of the Council of 15 January 2013 on the marketing and use of explosives precursors (OJ L 39, 9.2.2013, p. 1). 29 Regulation (EU) No 1143/2014 of the European Parliament and of the Council of 22 October 2014 on the prevention and management of the introduction and spread of invasive alien species (OJ L 317, 4.11.2014, p. 35).
Amendment 124 #
2016/0084(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point h a (new)
Article 1 – paragraph 2 – point h a (new)
(ha) Regulation (EC) No 834/2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91
Amendment 168 #
2016/0084(COD)
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
1. Where, having carried out an evaluation under Article 37(1), a Member State finds that although a CE marked fertilising product is in compliance with this Regulation it presents an unacceptable risk to human, animal or plant health, to safety or to the environment, it shall require the relevant economic operator to take all appropriate measures within a reasonable period not later than six months to ensure that the fertilising product concerned, when placed on the market, no longer presents that risk, to withdraw the fertilising product from the market or to recall it.
Amendment 172 #
2016/0084(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Certain substances, mixtures and micro-organisms, commonly referred to as plant biostimulants, are not as such nutrients, but nevertheless stimulate plants' nutrition processes. Where such products aim solely at improving the plants' nutrient use efficiency, tolerance to abiotic stress, or crop quality traits, degradation of soil organic compounds, or increasing the availability of confined nutrients in soil, rhizosphere or phyllosphere, they are by nature more similar to fertilising products than to most categories of plant protection products. Such products should therefore be eligible for CE marking under this Regulation and excluded from the scope of Regulation (EC) No 1107/2009 of the European Parliament and of the Council21 . Regulation (EC) No 1107/2009 should therefore be amended accordingly. __________________ 21 Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (OJ L 309, 24.11.2009, p. 1).
Amendment 175 #
2016/0084(COD)
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
Amendment 189 #
2016/0084(COD)
Proposal for a regulation
Article 46 – paragraph 1 – point 2
Article 46 – paragraph 1 – point 2
Regulation (EC) No 1107/2009
Article 3 – point 34 – introductory part
Article 3 – point 34 – introductory part
(3) "34. "plant biostimulant" means a productny microorganism or naturally occurring substance stimulating plant nutrition processes independently of the product's nutrient content, or any combination of such substances and/or microorganisms, with the sole aim of improving one or more of the following characteristics of the plant:
Amendment 190 #
2016/0084(COD)
Proposal for a regulation
Article 46 – paragraph 1 – point 2
Article 46 – paragraph 1 – point 2
Regulation (EC) No 1107/2009
Article 3 – point 34 – point b
Article 3 – point 34 – point b
(b) tolerance to biotic and abiotic stresses;
Amendment 195 #
2016/0084(COD)
Proposal for a regulation
Article 46 – paragraph 1 – point 2
Article 46 – paragraph 1 – point 2
Regulation (EC) No 1107/2009
Article 3 – point 34 – point c
Article 3 – point 34 – point c
(c) crop quality traits.
Amendment 209 #
2016/0084(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point h a (new)
Article 1 – paragraph 2 – point h a (new)
(ha) Regulation (EC) No 834/2007
Amendment 309 #
2016/0084(COD)
Proposal for a regulation
Article 46 – paragraph 1 – point 2
Article 46 – paragraph 1 – point 2
(3) "34. "plant biostimulant" means a productny microorganism or naturally occurring substance stimulating plant nutrition processes independently of the product's nutrient content, or any combination of such substances and/or microorganisms, with the sole aim of improving one or more of the following characteristics of the plant:
Amendment 314 #
2016/0084(COD)
Proposal for a regulation
Article 46 – paragraph 1 – point 2
Article 46 – paragraph 1 – point 2
(b) tolerance to biotic and abiotic stresses;
Amendment 345 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(A) – paragraph 2 – indent 1
Annex I – part 2 – PFC 1(A) – paragraph 2 – indent 1
- Cadmium (Cd) 1,5.0 mg/kg dry matter,
Amendment 349 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(A) – paragraph 2 – indent 2
Annex I – part 2 – PFC 1(A) – paragraph 2 – indent 2
- Hexavalent chromium (Cr VI) 21 mg/kg dry matter,
Amendment 350 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(A) – paragraph 2 – indent 5
Annex I – part 2 – PFC 1(A) – paragraph 2 – indent 5
- Lead (Pb) 120 mg/kg dry matter, and
Amendment 362 #
2016/0084(COD)
Proposal for a regulation
Annex II – part 2 – CMC 3 – point 1 – point c – introductory part
Annex II – part 2 – CMC 3 – point 1 – point c – introductory part
(c) Living or dead organisms or parts thereof, which are unprocessed or processed only by manual, mechanical or gravitational means, by dissolution in water, by flotation, by extraction with water, by steam distillation or by heating solely to remove water, or which are extracted from air by any means, except
Amendment 388 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(B) – paragraph 3 – point a – point 2 – indent 1
Annex I – part 2 – PFC 1(B) – paragraph 3 – point a – point 2 – indent 1
Amendment 407 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(B) – paragraph 3 – point a – point 2 – indent 2
Annex I – part 2 – PFC 1(B) – paragraph 3 – point a – point 2 – indent 2
- As of [Publications office, please insert the date occurring three years after the date of application of this Regulation]: 40 mg/kg phosphorus pentoxide (P2O5), and
Amendment 408 #
2016/0084(COD)
Proposal for a regulation
Annex II – part 2 – CMC 7 – paragraph 1 – indent 1
Annex II – part 2 – CMC 7 – paragraph 1 – indent 1
– have undergone no other processing than drying or, freeze-drying andor fermentation
Amendment 411 #
2016/0084(COD)
Proposal for a regulation
Annex II – part 2 – CMC 7 – paragraph 1 – indent 2
Annex II – part 2 – CMC 7 – paragraph 1 – indent 2
Amendment 425 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(B) – paragraph 3 – point a – point 2 – indent 3
Annex I – part 2 – PFC 1(B) – paragraph 3 – point a – point 2 – indent 3
- As of [Publications office, please insert the date occurring twelseven years after the date of application of this Regulation]: 20 mg/kg phosphorus pentoxide (P2O5),
Amendment 429 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(B) – paragraph 3 – point b
Annex I – part 2 – PFC 1(B) – paragraph 3 – point b
(b) Hexavalent chromium (Cr VI) 21 mg/kg dry matter,
Amendment 433 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(B) – paragraph 3 – point e
Annex I – part 2 – PFC 1(B) – paragraph 3 – point e
(e) Lead (Pb) 120 mg/kg dry matter.
Amendment 445 #
2016/0084(COD)
Proposal for a regulation
Annex III – part 1 – point 2 – point e
Annex III – part 1 – point 2 – point e
(e) A description of all components above 5% by product weight in descending order of magnitude by dry weight, including an indication of the relevant component material categories ('CMC') as referred to in Annex II.
Amendment 449 #
2016/0084(COD)
Proposal for a regulation
Annex III – part 1 – point 7 a (new)
Annex III – part 1 – point 7 a (new)
7a. Where the CE marked fertilising product is allowed to be used in organic agriculture according to Regulation (EC) 834/2007, it shall be specified on the label as "allowed in organic farming with regard to (EC) No 834/2007." CE fertiliser products not suitable for organic agriculture with regard to Regulation (EC) 834/2007, that have a commercial name recalling terms referred to in Article 23 of Regulation (EC) No 834/2007 that may mislead the final user about its use in organic agriculture, shall be specified on the label as "not allowed in organic farming with regard to Regulation (EC) No 834/2007."
Amendment 454 #
2016/0084(COD)
Proposal for a regulation
Annex III – part 2 – PFC 1(A) – paragraph 1 – point c
Annex III – part 2 – PFC 1(A) – paragraph 1 – point c
(c) numbers indicating the totalaverage content of the declared nutrients nitrogen (N), phosphorus (P) or potassium (K), followed by numbers in brackets indicating the total content of magnesium (Mg), calcium (Ca), sulphur (S) or sodium (Na),
Amendment 457 #
2016/0084(COD)
Proposal for a regulation
Annex III – part 2 – PFC 1(A) – paragraph 1 – point d – indent 12 a (new)
Annex III – part 2 – PFC 1(A) – paragraph 1 – point d – indent 12 a (new)
– Form such as powder or pellets.
Amendment 468 #
2016/0084(COD)
Proposal for a regulation
Annex III – part 2 – PFC 1(C)(I) – point 1 – point d a (new)
Annex III – part 2 – PFC 1(C)(I) – point 1 – point d a (new)
(da) Raw materials used for production and approximate percentage of ingredients;
Amendment 469 #
2016/0084(COD)
Proposal for a regulation
Annex III – part 2 – PFC 1(C)(I) – point 1 – point d b (new)
Annex III – part 2 – PFC 1(C)(I) – point 1 – point d b (new)
(db) Treatments such as mechanical or thermal;
Amendment 470 #
2016/0084(COD)
Proposal for a regulation
Annex III – part 2 – PFC 1(C)(I) – point 1 – point d c (new)
Annex III – part 2 – PFC 1(C)(I) – point 1 – point d c (new)
(dc) pH;
Amendment 471 #
2016/0084(COD)
Proposal for a regulation
Annex III – part 2 – PFC 1(C)(I) – point 1 – point d d (new)
Annex III – part 2 – PFC 1(C)(I) – point 1 – point d d (new)
(dd) additional substances for formation such as gluing agents;
Amendment 472 #
2016/0084(COD)
Proposal for a regulation
Annex III – part 2 – PFC 1(C)(I) – point 1 – point d e (new)
Annex III – part 2 – PFC 1(C)(I) – point 1 – point d e (new)
(de) Recommendations for use: – storage (temperature, humidity); – duration; – dose for different crop species and their growth stages (kg/ha);
Amendment 474 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(C)(I) – paragraph 2 – point a – point 2 – indent 1
Annex I – part 2 – PFC 1(C)(I) – paragraph 2 – point a – point 2 – indent 1
Amendment 474 #
2016/0084(COD)
Proposal for a regulation
Annex III – part 2 – PFC 1(C)(I) – point 1 a (new)
Annex III – part 2 – PFC 1(C)(I) – point 1 a (new)
(1a) Where the EU fertilising product has a total phosphorus (P) content of 5% phosphorus pentoxide (P205) – equivalent or more by mass (phosphate fertiliser), (a) if the content of Cadmium (Cd) is equal to or higher than 20 mg/kg phosphorus pentoxide (P205), the actual cadmium (Cd) content in mg/kg P205 must be declared in the label; (b) if the content of Cadmium (Cd) is lower than 20 mg/kg phosphorus pentoxide (P2O5), the information must contain the statements "Contains less than 20 mg Cd/Kg P205" or the phrase "low cadmium content" in the label.
Amendment 478 #
2016/0084(COD)
Proposal for a regulation
Annex III – part 2 – PFC 1(C)(I) – point 1 b (new)
Annex III – part 2 – PFC 1(C)(I) – point 1 b (new)
1b. Fertilising products with a total content of Cadmium, Arsenic, Lead, Chromium VI and Mercury less than 5ppm shall be eligible to use a visible "Green Label" in their packaging and label. The Commission shall be empowered to adopt delegated acts in accordance with Article 43 to establish the technical standards of such label.
Amendment 479 #
2016/0084(COD)
Proposal for a regulation
Annex III – part 2 – PFC 1(C)(I)(a) – point 2 a (new)
Annex III – part 2 – PFC 1(C)(I)(a) – point 2 a (new)
2a. Where the EU fertilising product has a total phosphorus (P) content of 5% phosphorus pentoxide (P205) – equivalent or more by mass (phosphate fertiliser), (a) if the content of Cadmium (Cd) is equal to or higher than 20 mg/kg phosphorus pentoxide (P205), the actual cadmium (Cd) content in mg/kg P205 must be declared in the label; (b) if the content of Cadmium (Cd) is lower than 20 mg/kg phosphorus pentoxide (P2O5), the information must contain the statements "Contains less than 20 mg Cd/Kg P205" or the phrase "low cadmium content".
Amendment 480 #
2016/0084(COD)
Proposal for a regulation
Annex III – part 2 – PFC 1(C)(I)(a) – point 4 a (new)
Annex III – part 2 – PFC 1(C)(I)(a) – point 4 a (new)
4a. The label shall contain the following phrase: 'inorganic fertiliser may have the potential to provoke sensitising reactions'.
Amendment 491 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(C)(I) – paragraph 2 – point a – point 2 – indent 2
Annex I – part 2 – PFC 1(C)(I) – paragraph 2 – point a – point 2 – indent 2
- As of [Publications office, please insert the date occurring three years after the date of application of this Regulation]: 40 mg/kg phosphorus pentoxide (P2O5), and
Amendment 506 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(C)(I) – paragraph 2 – point a – point 2 – indent 3
Annex I – part 2 – PFC 1(C)(I) – paragraph 2 – point a – point 2 – indent 3
- As of [Publications office, please insert the date occurring twelseven years after the date of application of this Regulation]: 20 mg/kg phosphorus pentoxide (P2O5),
Amendment 510 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(C)(I) – paragraph 2 – point b
Annex I – part 2 – PFC 1(C)(I) – paragraph 2 – point b
(b) Hexavalent chromium (Cr VI) 21 mg/kg dry matter,
Amendment 516 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(C)(I) – paragraph 2 – point e
Annex I – part 2 – PFC 1(C)(I) – paragraph 2 – point e
(e) Lead (Pb) 1520 mg/kg dry matter,
Amendment 517 #
2016/0084(COD)
Proposal for a regulation
Annex I – Part 2- PFC 1 (C) (I) – Paragraph 2 – point f
Annex I – Part 2- PFC 1 (C) (I) – Paragraph 2 – point f
(f) Arsenic (As) 620 mg/kg dry matter,
Amendment 573 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 2 – paragraph 2 – indent 1
Annex I – part 2 – PFC 2 – paragraph 2 – indent 1
- Cadmium (Cd) 31 mg/kg dry matter,
Amendment 574 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 2 – paragraph 2 – indent 2
Annex I – part 2 – PFC 2 – paragraph 2 – indent 2
- Hexavalent chromium (Cr VI) 21 mg/kg dry matter,
Amendment 576 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 2 – paragraph 2 – indent 5
Annex I – part 2 – PFC 2 – paragraph 2 – indent 5
- Lead (Pb) 200 mg/kg dry matter, and
Amendment 577 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 2 – paragraph 2 – indent 56
Annex I – part 2 – PFC 2 – paragraph 2 – indent 56
- Arsenic (As) 120 mg/kg dry matter.
Amendment 584 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 3(A) – paragraph 2 – indent 1
Annex I – part 2 – PFC 3(A) – paragraph 2 – indent 1
- Cadmium (Cd) 31 mg/kg dry matter,
Amendment 585 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 3(A) – paragraph 2 – indent 2
Annex I – part 2 – PFC 3(A) – paragraph 2 – indent 2
- Hexavalent chromium (Cr VI) 21 mg/kg dry matter,
Amendment 586 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 3(A) – paragraph 2 – indent 5
Annex I – part 2 – PFC 3(A) – paragraph 2 – indent 5
- Lead (Pb) 120 mg/kg dry matter.
Amendment 596 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 3(B) – paragraph 2 – indent 1
Annex I – part 2 – PFC 3(B) – paragraph 2 – indent 1
- Cadmium (Cd) 1,5 mg/kg dry matter,
Amendment 597 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 3(B) – paragraph 2 – indent 2
Annex I – part 2 – PFC 3(B) – paragraph 2 – indent 2
- Hexavalent chromium (Cr VI) 21 mg/kg dry matter,
Amendment 599 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 3(B) – paragraph 2 – indent 5
Annex I – part 2 – PFC 3(B) – paragraph 2 – indent 5
- Lead (Pb) 1520 mg/kg dry matter.
Amendment 603 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 4 – paragraph 2 – indent 1
Annex I – part 2 – PFC 4 – paragraph 2 – indent 1
- Cadmium (Cd) 31 mg/kg dry matter,
Amendment 604 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 4 – paragraph 2 – indent 2
Annex I – part 2 – PFC 4 – paragraph 2 – indent 2
- Hexavalent chromium (Cr VI) 21 mg/kg dry matter,
Amendment 606 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 4 – paragraph 2 – indent 5
Annex I – part 2 – PFC 4 – paragraph 2 – indent 5
- Lead (Pb) 1520 mg/kg dry matter.
Amendment 637 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 6 – paragraph 2 – indent 1
Annex I – part 2 – PFC 6 – paragraph 2 – indent 1
- Cadmium (Cd) 31 mg/kg dry matter,
Amendment 652 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 6 (B) (II) – paragraph 2 – indent 3
Annex I – part 2 – PFC 6 (B) (II) – paragraph 2 – indent 3
- Arsenic (As) 620 mg/kg dry matter.
Amendment 726 #
2016/0084(COD)
Proposal for a regulation
Annex II – part 2 – CMC 7 – introductory part
Annex II – part 2 – CMC 7 – introductory part
A CE marked fertilising product may contain micro-organisms, including dead or empty-cell micro-organisms and non- harmful residual elements of the media on which they were produced, which. It may be composed of : - each micro-organism or a consortium of different micro-organisms which is authorised to be added to food according to Art.2 of the Regulation 178/2002 CE; - each micro-organism or a consortium of different micro-organisms included in the EU Register of feed additives according to Regulation 1831/2003 CE; - each micro-organism or a consortium of different micro-organisms deemed safe by ECHA on the base of information provided according to article 42 second point of this Regulation.
Amendment 727 #
2016/0084(COD)
Proposal for a regulation
Annex II – part 2 – CMC 7 – indent 1
Annex II – part 2 – CMC 7 – indent 1
Amendment 729 #
2016/0084(COD)
Proposal for a regulation
Annex II – part 2 – CMC 7 – indent 2
Annex II – part 2 – CMC 7 – indent 2
Amendment 771 #
2016/0084(COD)
Proposal for a regulation
Annex III – part 1 – paragraph 2 – point e
Annex III – part 1 – paragraph 2 – point e
(e) A description of all components above 5% by product weight in descending order of magnitude by dry weight, including an indication of the relevant component material categories (‘CMC’) as referred to in Annex II.
Amendment 776 #
2016/0084(COD)
Proposal for a regulation
Annex III – part 1 – paragraph 7 a (new)
Annex III – part 1 – paragraph 7 a (new)
7a. Where the CE marked fertilising product is allowed to be used in organic agriculture according to Regulation (EC) 834/2007, it shall be specified on the label as “allowed in organic farming with regard to (EC) No 834/2007.” CE fertiliser products not suitable for organic agriculture with regard to Regulation (EC) 834/2007, that have a commercial name recalling terms referred to in Article 23 of Regulation (EC) No 834/2007 that may mislead the final user about its use in organic agriculture shall specify on the label as “not allowed in organic farming with regard to Regulation (EC) No 834/2007.”
Amendment 783 #
2016/0084(COD)
Proposal for a regulation
Annex III – part 2 – PFC 1(B) – paragraph 2 a (new)
Annex III – part 2 – PFC 1(B) – paragraph 2 a (new)
2a. Where the CE marked fertilising product has a total phosphorus (P) content of 5% phosphorus pentoxide (P205) – equivalent or more by mass (phosphate fertiliser), (a) If the content of Cadmium (Cd) is equal to or higher than 20 mg/kg phosphorus pentoxide (P205), the actual cadmium (Cd) content in mg/kg P205 must be declared in the label. (b) If the content of Cadmium (Cd) is lower than 20 mg/kg phosphorus pentoxide (P205), the information must contain the statements “Contains less than 20 mg Cd/Kg P205”r the phrase “low cadmium content”.
Amendment 789 #
2016/0084(COD)
Proposal for a regulation
Annex III – part 2 – PFC 1(C)(I) – paragraph 1 – point c
Annex III – part 2 – PFC 1(C)(I) – paragraph 1 – point c
(c) numbers indicating the totalaverage content of the declared nutrients nitrogen (N), phosphorus (P) or potassium (K), followed by numbers in brackets indicating the total content of magnesium (Mg), calcium (Ca), sulphur (S) or sodium (Na),
Amendment 791 #
2016/0084(COD)
Proposal for a regulation
Annex III – part 2 – PFC 1(C)(I) – paragraph 1 – point d – indent 4 – indent 1a (new)
Annex III – part 2 – PFC 1(C)(I) – paragraph 1 – point d – indent 4 – indent 1a (new)
- Form such as powder or pellets
Amendment 793 #
2016/0084(COD)
Proposal for a regulation
Annex III – part 2 – PFC 1(C)(I) – paragraph 1 – point d – indent 4 – indent 1a (new)
Annex III – part 2 – PFC 1(C)(I) – paragraph 1 – point d – indent 4 – indent 1a (new)
- Form such as powder or pellets
Amendment 794 #
2016/0084(COD)
Proposal for a regulation
Annex III – part 2 – PFC 1(C)(I) – paragraph 1 – point d a (new)
Annex III – part 2 – PFC 1(C)(I) – paragraph 1 – point d a (new)
(da) Raw materials used for production and approximate percentage of ingredients
Amendment 795 #
2016/0084(COD)
Proposal for a regulation
Annex III – part 2 – PFC 1(C)(I) – paragraph 1 – point d b (new)
Annex III – part 2 – PFC 1(C)(I) – paragraph 1 – point d b (new)
(db) Treatments such as mechanical or thermal
Amendment 796 #
2016/0084(COD)
Proposal for a regulation
Annex III – part 2 – PFC 1(C)(I) – paragraph 1 – point d c (new)
Annex III – part 2 – PFC 1(C)(I) – paragraph 1 – point d c (new)
(dc) pH
Amendment 797 #
2016/0084(COD)
Proposal for a regulation
Annex III – part 2 – PFC 1(C)(I) – paragraph 1 – point d d (new)
Annex III – part 2 – PFC 1(C)(I) – paragraph 1 – point d d (new)
(dd) additional substances for formation such as gluing agents
Amendment 798 #
2016/0084(COD)
Proposal for a regulation
Annex III – part 2 – PFC 1(C)(I) – paragraph 1 – point d e (new)
Annex III – part 2 – PFC 1(C)(I) – paragraph 1 – point d e (new)
(de) Recommendations for use: storage (temperature, humidity) duration dose for different crop species and their growth stages (kg/ha)
Amendment 803 #
2016/0084(COD)
Proposal for a regulation
Annex III – part 2 – PFC 1(C)(I) – paragraph 1 a (new)
Annex III – part 2 – PFC 1(C)(I) – paragraph 1 a (new)
1a. Where the CE marked fertilising product has a total phosphorus (P) content of 5% phosphorus pentoxide (P205) – equivalent or more by mass (phosphate fertiliser), (a) If the content of Cadmium (Cd) is equal to or higher than 20 mg/kg phosphorus pentoxide (P205), the actual cadmium (Cd) content in mg/kg P205 must be declared in the label. (b) If the content of Cadmium (Cd) is lower than 20 mg/kg phosphorus pentoxide (P205), the information must contain the statements “Contains less than 20 mg Cd/Kg P205”or the phrase “low cadmium content” in the label.
Amendment 805 #
2016/0084(COD)
Proposal for a regulation
Annex III – part 2 – PFC 1 (C) (I) – paragraph 1 a (new)
Annex III – part 2 – PFC 1 (C) (I) – paragraph 1 a (new)
1a. The label shall contain the following phrase: ‘inorganic fertiliser may have the potential to provoke sensitising reactions’.
Amendment 806 #
2016/0084(COD)
Proposal for a regulation
Annex III – part 2 – PFC 1 (C) (I) – paragraph 1 b (new)
Annex III – part 2 – PFC 1 (C) (I) – paragraph 1 b (new)
1b. Fertilising products with a total content of Cadmium, Arsenic, Lead, Chromium VI and Mercury less than 5ppm shall be eligible to use a visible “Green Label” in their packaging and label. The Commission shall be empowered to adopt delegated acts to adopt the technical standards of such label.
Amendment 807 #
2016/0084(COD)
Proposal for a regulation
Annex III – part 2 – PFC 1 (C) (II) – paragraph 4 a (new)
Annex III – part 2 – PFC 1 (C) (II) – paragraph 4 a (new)
4a. The label shall contain the following phrase: ‘inorganic fertiliser may have the potential to provoke sensitising reactions’.
Amendment 14 #
2016/0062R(NLE)
Motion for a resolution
Citation 14 a (new)
Citation 14 a (new)
— having regard to the Beijing Declaration and Platform for Action adopted by the Fourth World Conference on Women on 15 September1995, and to the subsequent outcome documents adopted at the United Nations Beijing +5 (2000), Beijing +10 (2005), Beijing +15 (2010), Beijing +20 (2015) special sessions and the political declaration on Beijing +25 (2020) of the United Nations Commission on the Status of Women (CSW);
Amendment 47 #
2016/0062R(NLE)
Motion for a resolution
Citation 30 a (new)
Citation 30 a (new)
— having regard to the European Commission’s proposal for a directive on combatting violence against women and domestic violence of 8 March 2022;
Amendment 50 #
2016/0062R(NLE)
Motion for a resolution
Citation 30 b (new)
Citation 30 b (new)
— having regard to the commitments made at the Generation Equality Forum of July 2021,
Amendment 53 #
2016/0062R(NLE)
A. whereas gender equality is a core value of the EU, enshrined in Article 2 of TEU and stressed in Article 23 of the Charter of Fundamental Rights, and must be mainstreamed in EUall EU policies, activities, and programmes; ; whereas the European Institute for Gender Equality has noted that the European Union needs around 60 years to reach gender equality at the current pace; whereas the eradication of gender-based violence and especially violence against women and girls is a prerequisite to achieving real gender equality;
Amendment 69 #
2016/0062R(NLE)
Motion for a resolution
Recital B
Recital B
B. whereas gender-based violence against women and girls is a severe form of gender inequality and, discrimination and a violation of human rights;
Amendment 77 #
2016/0062R(NLE)
Motion for a resolution
Recital C
Recital C
C. whereas 1 in 3 women in the EU, around 62 million women, has experience physical and/or sexual violence; whereas more than half of women (55 %) in the EU has experienced sexual harassment at least once since the age of 151a; whereas recently the estimated cost of gender-based violence and intimate partner violence in the European Union have increased by around one third, and the estimated costs of gender-based violence is EUR 366 billion23 ; ; _________________ 1a FRA, 2014 23 European Institute for Gender Equality, ‘The costs of gender-based violence in the European Union’, Publications Office of the European Union, Luxembourg, 2021.
Amendment 81 #
2016/0062R(NLE)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas there is an ongoing oppressive backlash against gender equality and especially women and girls’ rights in the European Union and throughout the world; whereas during the pandemic, violence against women increased and their feelings of safety were eroded; whereas more than 45 % of women worldwide have reported that they or a woman they know has experienced some form of violence and 65 % of women have reported experiencing it in their lifetime; whereas many European countries saw a sharp increase in the reported cases of femicides and this number is in constant increase in some of them; whereas the fight against the gender based-violence should therefore be a priority even more after the lessons learned pandemic;
Amendment 84 #
2016/0062R(NLE)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Amendment 88 #
2016/0062R(NLE)
Motion for a resolution
Recital D
Recital D
D. whereas gender-based violence against women and girls can affect many fundamental rights enshrined in the Charter and other international and European human rights instruments;
Amendment 95 #
2016/0062R(NLE)
Motion for a resolution
Recital E
Recital E
E. whereas gender-based violence against women may take the form of offences such as sexual violence, including rape, female genital mutilation, forced sterilizations, trafficking inof women and girls for the purposes of sexual exploitation, sexual harassment, ‘honour crimes’ and, forced marriages, and marital captivity, femicide, stalking and various forms of cyberviolence as well as the denial to safe and legal access to abortion;
Amendment 109 #
2016/0062R(NLE)
Motion for a resolution
Recital F
Recital F
F. whereas gender-based violence continues to be an underreported crime in the European Union; whereas 67% of women interviewed in the EU Agency for Fundamental Rights (FRA) survey of 2014 did not report the most serious incident of partner violence to the police or any other organisation;1a whereas the lack of effectiveness of prosecution and the judicial systems and the lack of adequate social and medical services are frequent reasons for the non- reporting of gender- based violence; _________________ 1a FRA, 2014 - https://fra.europa.eu/en/news/2014/violen ce-against-women-every-day-and- everywhere
Amendment 133 #
2016/0062R(NLE)
Motion for a resolution
Recital H
Recital H
H. whereas ending gender-based violence against women and girls has been included by the Commission as a key priority in the Gender Equality Strategy 2020–2025 with a set of concrete proposals to ensure effective prevention of gender- based violence and domestic violence, among them the conclusion of the EU’s accession to the Istanbul Convention and ensuring its swift EU ratification;
Amendment 138 #
2016/0062R(NLE)
Motion for a resolution
Recital I
Recital I
I. whereas the Istanbul Convention is a unique tool to combat gender-based violence at European level and beyond; , effective and powerful tool to combat a wide range of forms of violence against women and domestic violence at European level and beyond; whereas the Convention offers guidance to state parties and their respective national authorities to give an adequate multidisciplinary response to violence through the four pillars: prevention of violence, protection of survivors and reparation, prosecution of perpetrators and integrated policies; whereas countries that have ratified the Convention have intensified efforts to prevent violence against women and girls, have improved investigations and prosecutions as well as protection services for women victims of violence1a; _________________ 1a “Towards a Europe Free from Male Violence Against Women and Girls”, European Women’s Lobby (reference: https://womenlobby.org/IMG/pdf/ic-2.pdf)
Amendment 142 #
2016/0062R(NLE)
Motion for a resolution
Recital I a (new)
Recital I a (new)
I a. whereas gender-based violence is a cross-border crime and therefore Member States should fight it together and in close collaboration; whereas all women and girls in the European Union should dispose of the same level of protection against gender-based violence disregarding of which Member States they are in;
Amendment 148 #
2016/0062R(NLE)
Motion for a resolution
Recital K
Recital K
K. whereas the Istanbul Convention is a mixed agreement that allows for accession by the EU in parallel to accession by its Member States; whereas this has been confirmed by the decision of the Court of Justice of the European Union (CJEU) as well as by the legal service of the European Parliament;
Amendment 150 #
2016/0062R(NLE)
Motion for a resolution
Recital L
Recital L
L. whereas the accession of all Member States to the Istanbul Convention would support a coordinated approach in fighting violence against women, together with existing or future related measures at EU level, such as the proposal for an EU’s directive on combatting violence against women and domestic violence;
Amendment 154 #
2016/0062R(NLE)
Motion for a resolution
Recital M
Recital M
M. whereas all Member States have signed the Istanbul Convention, but only 21 have ratified it; whereas six Member States - Bulgaria, Czech Republic, Hungary, Latvia, Lithuania and Slovakia- still have not ratified the Convention; whereas Poland has announced its intention to withdraw from the Convention back in 2020; whereas in Slovakia, the National Council refused the Convention's ratification in 2020 and asked the Slovak President to take back the country's signature, but the President decided to not proceed with the removal; whereas the EU’s accession to the Convention does not exempt Member States from national ratification;
Amendment 159 #
2016/0062R(NLE)
Motion for a resolution
Recital M a (new)
Recital M a (new)
M a. whereas Turkey, the first country to sign and ratify the Convention, decided to withdraw from it six years after and is not a State party in the Convention since 1 July 2021; whereas the European institutions condemned this step back which constitutes a dangerous precedent for other Party Members;
Amendment 160 #
2016/0062R(NLE)
Motion for a resolution
Recital M b (new)
Recital M b (new)
M b. whereas several religious, ultra- conservative groups and far-right movements continue to spread false narrative and disinformation regarding the Istanbul Convention, claiming it aims to erase the traditional family and promote gender ideology and homosexuality; whereas these groups use disinformation and populist rhetoric to frighten politicians and citizens;
Amendment 166 #
2016/0062R(NLE)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the EU’s signature of the Istanbul Convention on 13 June 2017; notesregrets that 5 years later, the EU has still not ratified the Convention due to the refusal of a few Member States at the Council of the EU; notes however that the legal uncertainty caused by the limitation of the scope of the EU’s future accession to certain provisions of the Convention, namely matters related to judicial cooperation in criminal matters, asylum and non-refoulement, as well as the concerns regarding the internal procedure in view of the ratification of the Convention were answered in the Court of Justice of the European Union (CJEU) Opinion of 6 October 2021; urges the Council to act accordingly to this decision;
Amendment 182 #
2016/0062R(NLE)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Strongly condemns all forms of gender-based violence, including the denial of access to sexual and reproductive health and rights, against women and girls and against LGBTIQ+ persons; Strongly affirms that the denial of sexual and reproductive health services and rights, including safe and legal abortion, isa form of violence against women and girls; reiterates that women and girls must have control over their bodies and sexuality; calls on all Member States to guarantee a comprehensive sexuality education, full access for women to family planning, and full range of sexual and reproductive health services, including modern contraceptive methods and the right to safe and legal abortion;
Amendment 193 #
2016/0062R(NLE)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Points out that criminal justice must be only one part of a comprehensive and integrated response to violence against women encompassing at once prevention, protection, prosecution, and integrated response; Stresses the advantages of the Istanbul Convention’s structure, which follows a holistic, comprehensive and coordinated methodology for addressing the issues of violence against women and girls and gender-based violence, including domestic violence, based on a four pillar approach including all the aspects from the prevention, to the protection, prosecution and coordinated policies; however, notes that Member States should fight against impunity in the cases of violence against women and girls, preserving the dissuasive function of penalties and prosecutions, as pointed out in the Mid- term Horizontal Review of GREVIO baseline evaluation reports;
Amendment 205 #
2016/0062R(NLE)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes that the Istanbul Convention benefits from 10 years of functioning and practice through its unique monitoring and implementation system through GREVIO; recognises the immense work of this expert body in monitoring the implementation of the Convention and calls on all parties to follow their country- specific recommendations;
Amendment 208 #
2016/0062R(NLE)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Notes the important role played by the Istanbul Convention during the COVID-19 pandemic to help Member States in facing the alarming increase of gender-based violence, considered in this period the shadow pandemic; praises the efforts of some Member States in establishing additional prevention measures as well as protection and support services during the pandemic; however, calls in this regard to setting up a specific EU Protocol on Violence against Women in Times of Crisis and Emergency, complementing the measures enshrined in the Istanbul Convention to enhance the readiness of the European Union to face gender-based violence in these specific situations;
Amendment 210 #
2016/0062R(NLE)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Notes that the Convention should be implemented together with other specific legislative measures recognising and preventing the specific forms of gender-based cyber violence faced by women and girls, as well as criminalising the acts of gender-based violence perpetrated in the online space; welcomes, in this regard, the European Commission’s proposal for a directive on combatting violence against women and domestic violence, where four forms of gender-based cyber violence are criminalised, namely non-consensual sharing of intimate or manipulated material, cyber stalking, cyber harassment, and cyber incitement to violence or hatred;
Amendment 212 #
2016/0062R(NLE)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Takes note of the CJEU Opinion of 6 October 2021, following up on Parliament’s request, which allows the Council to proceed with the ratification of the Istanbul Convention by the European Union without a prior common agreement; considers that now, there is no doubt that the European Union could and should ratify the Convention;
Amendment 218 #
2016/0062R(NLE)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Points out that the EU’s accession will also allow a more comprehensive collection of data regarding gender-based violence at EU level; Notes that GREVIO has commended the importance of evidence-based policy making and highlights the importance of establishing a system to regularly collect data, and undertake surveys in relation to all forms of violence against women and girls; Welcomes Eurostat’s current efforts to coordinate a survey on gender-based violence in the EU for 2023 to update the latest European Union’s data on gender- based violence from 2014 and, in this regard, asks all Member States party in the Convention to cooperate and take part in it;
Amendment 219 #
2016/0062R(NLE)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Underlines the importance of providing gender sensitive training for law enforcement agencies, judiciary and public prosecutors to ensure early detection of victims and avoid deficient risk assessments and points out the key role of the Istanbul Convention in enhancing Member States' capacities in this field;
Amendment 222 #
2016/0062R(NLE)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Regrets and strongly condemns the political instrumentalisation of the Convention by some Member States; Calls for a constructive dialogue with the Council and Member States in cooperation with the Council of Europe to address Member States’ reservations, objections and concerns and clarify misleading and false interpretations of the Istanbul Convention, such as the so-called promotion of destructive gender ideologies, in order to make progress in this area;
Amendment 229 #
2016/0062R(NLE)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission and the Council to ensure that Parliament will be fully involved in the Convention’s monitoring process after EU accession to the Istanbul Convention; notes the importance of proceeding with a swift agreement on a code of conduct concerning cooperation between the EU and its Member States for the implementation of the Convention, which should also involve civil society organisations, particularly women´s rights organisations;
Amendment 233 #
2016/0062R(NLE)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Points out that while all Member States have already signed the Istanbul Convention, six have not ratified it yet, namely Bulgaria, the Czech Republic, Hungary, Latvia, Lithuania and Slovakia; calls on national authorities to fight against disinformation and launch awareness campaigns in order to dispel all doubt on the Convention and its benefits for the whole society; underlines that the EU’s accession to the Istanbul Convention does not exempt Member States from national ratification and thus strongly encourages on the remaining six Member States that have not already done so to ratify the Convention without delay;
Amendment 248 #
2016/0062R(NLE)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes with concernCondemns the growing opposition towards the Istanbul Convention in some Member States and the attempts to disparage the Convention and its positive impact on the eradication of gender-based violence; strongly condemns all attempts to spread disinformation campaigns about the Istanbul Convention organised by religious, ultra-conservative groups and far right movements, among others;
Amendment 252 #
2016/0062R(NLE)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on Member States to take into account the conclusions and good practices of the Mid-term Horizontal Review of GREVIO baseline evaluation reports24 and use them to give new momentum to the Convention's implementation; _________________ 24 https://rm.coe.int/prems-010522-gbr- grevio-mid-term-horizontal-review-rev- february-2022/1680a58499
Amendment 255 #
2016/0062R(NLE)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Underlines that there are no legal obstacles for the Council to proceed to the ratification of the Convention, as a qualified majority is sufficient to adopt the Convention; calls on Member States to confirm their political will to combat violence against women and girls and therefore to take this decision and not allow a few Member States to control the gender equality agenda in the Council;
Amendment 259 #
2016/0062R(NLE)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes the Commission’s proposal for a directive on combating violence against women and domestic violence, whichbased on the Istanbul Convention's standards; points out that it will be the first EU act comprehensively to address gender-based violence, thus helping to harmonise Member States’ differing approaches towards violence against women and domestic violence and to lay down common minimum standards for the protection of victims and survivors of gender-based violence and for improving their access to justice;
Amendment 266 #
2016/0062R(NLE)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Notes that the inclusion of gender- based violence as an eurocrime - which was also a promise of President Von der Leyen - would have been a more adequate and efficient legal basis for the proposed European Commission’s directive on combatting violence against women and domestic violence; Reiterates its call on the Council to activate the passerelle clause by adopting a unanimous decision identifying gender- based violence against women and girls as one of the areas of crime listed in Article 83(1) of the TFEU;
Amendment 275 #
2016/0062R(NLE)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Recognises the incredible amount of work performed by civil society organisations, in particular women’s human rights organisations, in preventing and combating violence against women and girls and their efforts to provide assistance to the victims of gender-based violence; urges the Member States to support these activities by providing sufficient, reliable, and sustainable human and financial resources;
Amendment 280 #
2016/0062R(NLE)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Asks the European Commission and Member States to allocate adequate and sustainable financial and human resources to prevent and combat violence against women and domestic violence, as well as the specific services helping victims, particularly regarding access to justice and specialised shelters;
Amendment 287 #
2016/0062R(NLE)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Urges the Council to step up procedures in order to ensure the EU’s swift ratification of the Istanbul Convention and to ensure, despite the signing of the EU’s accession to the Istanbul Convention, a broad EU accession to the Convention without any limitations;
Amendment 37 #
2016/0030(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Natural gas (gas) remains an essential component of the energy supply of the Union. Acan continue to play an important role in the Union energy system, but it is necessary to take into account the continuing trend towards reduction of demand for gas, especially in industrial production and as a source of heat in buildings, while the Union proceeds towards its ambitious targets on greenhouse gas emissions, energy efficiency and renewables and makes the transition to a low-carbon economy. Nevertheless, a large proportion of such gas is imported into the Union from third countries.
Amendment 50 #
2016/0030(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) This Regulation aims to ensure that all the necessary measures are taken to safeguard an uninterrupted supply of gas throughout the Union, in particular to protected customers in the event of difficult climatic conditions or disruptions of the gas supply. These objectives should be achieved through the most cost-effective measures and in such a way that energy markets are not distorted, taking into account solid demand projections the introduction of which was recommended by the Court of Auditors in its Special Report No 16/2015 entitled “Improving the security of energy supply by developing the internal energy market: more efforts needed”.
Amendment 68 #
2016/0030(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) So far, the potential for more efficient and less costly measures through regional cooperation has not been fully exploited. This has to do not only with better coordination of national mitigation actions in emergency situations, but also of national preventive measures, such as national storage or policies related to liquefied natural gas (LNG), which can be strategically important in certain regionspolicies related to an efficient use of existing infrastructure, which in many cases remains underutilised.
Amendment 78 #
2016/0030(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) Any international trade flows of energy should be subject to considerations regarding their compatibility with major goals, in particular with the fight against climate change and pollution as well as with the achievement of peace and stability.
Amendment 80 #
2016/0030(COD)
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) Any investment in fossil fuel infrastructure perpetuates the situation that such an investment is intended to fight against, that is to say the structural geopolitical dependency of the Union, and entails the continued emission of greenhouse gases into the atmosphere. That worrying lack of coherence should be urgently addressed by the Union in order to deserve trust of its citizens.
Amendment 82 #
2016/0030(COD)
Proposal for a regulation
Recital 15 b (new)
Recital 15 b (new)
(15b) Any investment in fossil fuel infrastructure deviates resources from efficiency and renewables initiatives, and accordingly it delays the complete energy transition towards carbon-free and nuclear-free energy sources, which is already technologically feasible and is lacking only political vision and will, and the necessary allocation of resources.
Amendment 116 #
2016/0030(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point 1 – point a
Article 2 – paragraph 2 – point 1 – point a
(a) a micro, small or medium-sized enterprise, provided that it is connected to a gas distribution network, or an essential social service, provided that it is connected to a gas distribution or transmission network, and provided that such enterprises or services do not represent jointly more than 20 % of the total annual final gas consumption in that Member State;
Amendment 119 #
2016/0030(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point 2
Article 2 – paragraph 2 – point 2
(2) ‘essential social service’ means a healthcare, education, childcare, emergency or security service;
Amendment 156 #
2016/0030(COD)
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. The preventive action plan shall be updated every fourtwo years after 1 March 2019, unless circumstances warrant more frequent updates or at the Commission’s request. The updated plan shall reflect the updated risk assessment and the results of the tests carried out in accordance with Article 9 (2). Article 7(3) to (7) shall apply to the updated plan.
Amendment 44 #
2016/0014(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) This Regulation should strengthen the current type-approval framework, in particular through the introduction of provisions on market surveillance. Market surveillance in the automotive sector should be introduced by specifying the obligations of the economic operators in the supply chain, the responsibilities of the enforcement authorities in the Member States, and the measuresanctions to be takenimposed when automotive products are encountered on the market that represent serious safety orafety, health and environmental risks or that do not comply with the type-approval requirements.
Amendment 48 #
2016/0014(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) An effective implementation of the type-approval requirements should be ensured by enhancing the provisions on conformity of production by, inter alia, providing for mandatory periodic audits of the conformity control methods and the continued conformity of the products concerned and by reinforcing the requirements relating to the competence, obligations and performance of the technical services that carry out tests for whole-vehicle type-approval under the responsibility of type-approval authorities . The proper functioningindependence of the technical services of automobile firms is crucial for ensuring a high level of safety and environmental protection and citizens' confidence in the system. The criteria for designation of technical services provided by Directive 2007/46/EC should be laid down in greater detail in order to assure their consistent application. The assessment methods of technical services in the Member States have a tendency to progressively differ due to the increased complexity of their work. Therefore, it is necessary to provide for procedural obligations that ensure an information exchange and monitoring of Member States' practicensure the same procedures for the assessment, designation, notification and monitoring of their technical services by the Member States. Those procedural obligations should remove any existing discrepancies in the methods used and in the interpretation of the criteria for the designation of technical services.
Amendment 50 #
2016/0014(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The need forauthorities designated to control and monitoring of the technical services by the designating authorities has increased since technical progress has raised the risk that technical services do notshall have to guarantee that they possess the necessary competence, resources and infrastructure to test new technologies or devices emerging within their scope of designation. As technical progress shortens product cycles and as the intervals of surveillance on-site assessments and of the monitoring vary between designating authorities, minimum requirements with regard to the intervals of the surveillance and monitoring of the technical services should be established.
Amendment 51 #
2016/0014(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) DThe designation and monitoring of technical services by the Member States, in accordance with detailed and strict criteria, should therefore be subject to independent supervisory controls at Union level, including independent audits as a condition for order to examine the renewal of their notification after five years. The position of technical services vis-à-vis manufacturers should be strengthened, including their right and duty to carry out unannounced factory inspections and to conduct physical or laboratory tests on products covered by this Regulation, in order to ensure continuous compliance by manufacturers after they have obtained a type-approval for their product by ensuring the incompatibility of providing technical support to the national approval authorities and to the manufacturers.
Amendment 54 #
2016/0014(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to increase transparency and mutual trust and to further align and develop the criteriahomogenous criteria in the EU for the assessment, designation, and notification of technical services, as well as extension and renewal procedures, Member States should cooperate with each other and with the Commission. They should consult each other and the Commission on questions with general relevance for the implementation of this Regulation and inform each other and the Commission on their model assessment checklist.
Amendment 56 #
2016/0014(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Where designation of a technical service is based on accreditation in the meaning of Regulation (EC) No 765/2008 of the European Parliament and of the Council12, accreditation bodies and designating authorities should exchange information relevant for the assessment ofnsure the competence of technical services. __________________ 12 Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008, p. 30).
Amendment 58 #
2016/0014(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) When, in spite of the measures taken to ensure a homogenous and coherent application and follow up of the requirements by the Member States, the competence of a technical service is in doubt, the Commission should have the possibility to investigate individual cases and propose solutions.
Amendment 60 #
2016/0014(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The independence of technical services vis-à-vis manufacturers should be ensured, including by avoiding direct or indirect payments by the manufacturers for the type-approval inspections and tests they have carried out. Therefore the Member States should establish a type-approval fee structure that should cover the costs for carrying out all type-approval tests and inspections carried out by the technical services designated by the type-approval authority, as well as the administrative costs for issuing the type-approval and the costs for carrying out ex-post compliance verification tests and inspections.
Amendment 62 #
2016/0014(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) A robust compliance enforcement mechanism is necessary in order to ensure that the requirements under this Regulation are met. Ensuring compliance with the type-approval and conformity of production requirements ofwith the legislation governing the automotive sector should remain the key responsibility of the approval authorities, as it is an obligation closely linked to the issuing of the type- approval and requires detailed knowledge of its content. It is therefore important that the performance of approval authorities is regularly verified by means of peer- reviews, to ensure that a uniform level of quality and stringency is applied by all approval authorities in enforcing the type- approval requirements. Moreover, it is important to provide for the verification by independent third parties of the correctness of the type approval itself.
Amendment 63 #
2016/0014(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Closer coordination between national authorities through information exchange and coordinated assessments under the direction of a coordinating authority is fundamental for ensuring a consistently high level of safety and health and envirA robust compliance enforcement mechanism is necessary in order to ensure that the requirements under this Regulation are met. Ensuring compliance with the type-approval and conformity of production requirements with the legislation governing the automotive sector should remain the key responsibility of the approval authorities, as it is an obligation closely linked to the issuing of the type-approval and requires detailed knowledge of its conmtental protection within the internal market. This should also lead to more efficient use of scarce resources at national level. For this purpose a Forum should be established for Member States and the Commission to exchange information on and to coordinate their activities related to the enforcement. It is therefore important that the performance of approval authorities is regularly verified by means of peer-reviews, to ensure that a uniform level of quality and stringency is applied by all approval authorities in enforcing the type-approval requirements. It is, moreover, important to provide for verification by an independent specialised control body in order to prove the compliance of the type- approval legislation. The currently informal cooperation between Member States in this respect would benefit from a more formal frameworkand control requirements so as to ensure that this type-approval is fair. The outcome of these controls shall be disclosed in order to facilitate effective public participation.
Amendment 65 #
2016/0014(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) The rules on Union market surveillance and control of products entering the Union market provided for in Regulation (EC) No 765/2008 apply to motor vehicles and their trailers, and to systems, components and separate technical units intended for such vehicles without preventing Member States from choosing the competent authorities to carry out those tasks. Market surveillance may be a competence shared between different national authorities to take account of the national market surveillance systems in the Member States established under Regulation (EC) No 765/2008. Effective coordination and monitoring at Union and nat. In order to ensure that market surveillance is homogenous, it must be centralised at Community level. Conferring powers of control on a centralised authority at Unional levels should guarantee that approval and market surveillance authorities enforceensure that the new type-approval and market surveillance framework is fully and properly implemented.
Amendment 67 #
2016/0014(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) It is necessary to include rules on centralised market surveillance in this Regulation in order to reinforce the rights andensure respect for the obligations of the national competent authorities, to ensure effective coordination of their market surveillance activities andtype- approval authorities and manufacturers and at the same time to clarify the applicable procedures.
Amendment 70 #
2016/0014(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) In order to increase transparency in the approval process and facilitate the exchange of information and the independent verification by market surveillance authorities,the approval authorities and, the Commission and third parties, type approval documentation, including the methodology and results of the tests, should be provided in electronic format and be made publicly available, subject towith the sole excemptions due to of sensitive data for the protection of commercial interests and the protection of personal data.
Amendment 71 #
2016/0014(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The obligations of national authorities concerningthe European market surveillance authority provided in this Regulation are more specific than those laid down in Article 19 of Regulation (EC) No 765/2008 toshall take account of the specificities of the type- approval framework and the need to complement that framework with an effective market surveillance mechanism ensuring a robust ex-post verification of compliance of the products covered by this Regulation.
Amendment 73 #
2016/0014(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Those more specific obligations for nationalthe European authoritiesy provided in this Regulation should include ex-post compliance verification testing and inspections of a sufficient number of vehicles placed on the market. The selection of the vehicles to be subject to this ex-post compliance verification should be based on an appropriate risk assessment of the market penetration of the product which takes account of the seriousness of the possible non-compliance and the likelihood of its occurrence.
Amendment 74 #
2016/0014(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) In addition, the Commission should organise and carry out or require to carry out ex-post compliance verification tests and inspections, independent from those carried out by Member States under their national market surveillance obligations. When non-compliance is established by those tests and inspections, or where it is found that a type approval has been granted on the basis of incorrect data the Commission should be entitled to initiate Union-wide remedial actions to restore the conformity of the vehicles concerned and to investigate the reasons for the incorrectness of the type approval. Appropriate funding should be ensured in the general budget of the Union to enable the execution of such compliance verification testing and inspections. In view of the budgetary constraints of the Multiannual Financial Framework 2014-2020 the implementation of the legislaThose resources should come from the prepayment of the service at the tivme proposal will have to be built on existing resources and to be designed in such a manner that they do not generate additional financial resourcesof sale of the type approved products at no more than 1 / 1000th of the sales cost of the asset. The Commission should be entitled to impose administrative fines where non-compliance is established.
Amendment 77 #
2016/0014(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) The objectives of this Regulation should not be affected by the fact that certain systems, components, separate technical units or parts and equipment can be fitted to or in a vehicle after that vehicle has been placed on the market, registered or entered into service. Appropriate measures should therefore be taken to ensure that the systems, components, separate technical units or parts and equipment that can be fitted to or in vehicles and that can significantly impair the functioning of systems that are essential for environmental protection or functional safety are controlled and authorised in advance by an approval authority before they are placed on the market, registered or entered into service. The authority which issues the authorisation for such ancillary components shall inform the Commission and other approval authorities and make available all the necessary documents and verify the prior control procedures.
Amendment 80 #
2016/0014(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) Conformity of production is one of the cornerstones of the EU type-approval system, and therefore the arrangements set up by the manufacturer to ensure such conformity should be approved by the competent authority or by an appropriately qualified technical service designated for that purposerom among those providing exclusive services to the approval authorities, and be subject to regular verification by means of independent periodic audits. In addition, approval authorities should ensure the verification of the continued conformity of the products concerned.
Amendment 81 #
2016/0014(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) The assessment of reported serious risks to safety and of harm to public health and the environment should be conducted at national level, but coordination at Union level should be ensured where the reported risk or harm may exist beyond the territory of one Member State with the objective of sharing resources and ensuring consistency regarding the corrective action to be taken to mitigeliminate the identified risk and harm.
Amendment 82 #
2016/0014(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) In order to ensure that all vehicles, systems, components and separate technical units placed on the market offer a high level of safety and environmental protection, the manufacturer or any other economic operator in the supply chain should take effective corrective measures, including the recall of vehicles, where a vehicle, system, component or separate technical unit presents a serious risk for users or the environment as referred to in Article 20 of Regulation (EC) No 765/2008. Approval authorities should be empowered to assess and verify whether those measures are sufficient. The authorities of other Member States' should have the right to take safeguard measures in case they would consider that the manufacturer's corrective measures are not sufficient.
Amendment 83 #
2016/0014(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) The Union is a contracting party to the Agreement of the United Nations Economic Commission for Europe (UNECE) concerning the adoption of uniform technical prescriptions for wheeled vehicles, equipment and parts which can be fitted to and/or be used on wheeled vehicles and the conditions for reciprocal recognition of approvals granted on the basis of these prescriptions (‘Revised 1958 Agreement’)13. The Union has accepted a significant number of regulations annexed to the Revised 1958 Agreement and has therefore the obligation to accept type-approvals issued in accordance with those regulations, as complying with the equivalent Union requirements. For the purpose of simplifying its type-approval framework and aligning it with the international framework of the UNECE, the Union in Regulation (EC) No 661/2009 of the European Parliament and of the Council14 repealed its specific type-approval Directives and replaced them with the obligatory application of the relevant UNECE regulations. To reduce the administrative burden of the type-approval process, without being less ambitious in terms of road safety and pollutant emissions, manufacturers of vehicles, systems, components and separate technical units should be allowed to seek type-approval in accordance with this Regulation, where appropriate, directly by means of obtaining approval under the relevant UNECE regulations referred to in the Annexes to this Regulation. __________________ 13 Council Decision 97/836/EC of 27 November 1997 with a view to accession by the European Community to the Agreement of the United Nations Economic Commission for Europe concerning the adoption of uniform technical prescriptions for wheeled vehicles, equipment and parts which can be fitted to and/or be used on wheeled vehicles and the conditions for reciprocal recognition of approvals granted on the basis of these prescriptions ('Revised 1958 Agreement') (OJ L 346, 17.12.1997, p. 81). 14 Regulation (EC) No 661/2009 of the European Parliament and of the Council of 13 July 2009 concerning type-approval requirements for the general safety of motor vehicles, their trailers and systems, components and separate technical units intended therefor (OJ L 200, 31.7.2009, p. 1).
Amendment 85 #
2016/0014(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) Whereas technical progress introducing new methods or techniques for vehicle diagnostics and repair, such as remote access to vehicle information and software, should not weakstrengthen the objectives of this Regulation with respect to access to repair and maintenance information for independent operators.
Amendment 86 #
2016/0014(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) Member StatesThe European Union should lay down rules on penalties for the infringements of this Regulation and ensure that those rules are implemented. Those penalties should be effective, proportionate and dissuasive. Member States shall report the imposed penalties to the Commission annually, to monitor the coherence of the implementation of these provisions.
Amendment 92 #
2016/0014(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
(2) ‘market surveillance’ means the activities carried out and measures taken by the market surveillance authoritiesy to ensure that vehicles, systems, components or separate technical units as well as parts and equipment made available on the market comply with the requirements set out in the relevant Union legislation and do not endanger health, safety, the environment or any other aspect of public interest protection;
Amendment 97 #
2016/0014(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 13
Article 3 – paragraph 1 – point 13
(13) ‘market surveillance authority’ means the national authority or authoritiesauthority responsible for carrying out market surveillance on the territory of the Member StateEU;
Amendment 100 #
2016/0014(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
Member States shall establish or appoint the approval authorities and the market surveillance authorities. Member States shall notify the Commission of the establishment and appointment of such authorities.
Amendment 101 #
2016/0014(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 2
Article 6 – paragraph 1 – subparagraph 2
That notification shall include the name of those authorities, their address, including their electronic address, and their competences. The Commission shall publish on its website a list and details of the approval authorities and the market surveillance authorities.
Amendment 104 #
2016/0014(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Member StatesThe European market surveillance authority shall organise and carry out market surveillance and controls of vehicles, systems, components or separate technical units entering the market, in accordance with Chapter III of Regulation (EC) No 765/2008.
Amendment 105 #
2016/0014(COD)
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
5. Member States shall take the necessary measures to ensure thatThe European market surveillance authorities may, where ithey considers it necessary and justified, shall be entitled to enter the premises of economic operators and seize the necessary samples of vehicles, systems, components and separate technical units for the purposes of compliance testing.
Amendment 115 #
2016/0014(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Approval authorities shall only approve such vehicles, systems, components or separate technical units that comply with the requirements of this Regulation. The authority shall ensure that the cars tested for approval are exactly equivalent to those that will be placed on the market.
Amendment 121 #
2016/0014(COD)
Proposal for a regulation
Article 8 – title
Article 8 – title
Obligations of the market surveillance authoritiesy
Amendment 124 #
2016/0014(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. MThe Commission shall identify one of its own agencies as the most suitable one to perform the duties of European market surveillance authoritiesy. The latter shall perform regular checks to verify the compliance of vehicles in traffic and with different mileages, systems, components and separate technical units with the requirements set out in this Regulation as well as with the correctness of the type approvals. Those checks shall be performed on an adequate scale scale sufficient to verify the conformity of at last 30% of the models on the market, by means of documentary checks and real- drive and laboratory tests on the basis of statistically relevant samples. When doing so, the market surveillance authoritiesy shall take account of established principles of risk assessment, complaints and other information.
Amendment 133 #
2016/0014(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. MThe market surveillance authoritiesy shall require economic operators to make the documentation and information available as ithey considers necessary for the purpose of carrying out their activities.
Amendment 134 #
2016/0014(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. For type-approved vehicles, systems, components and separate technical units, the market surveillance authoritiesy shall take due account of certificates of conformity presented by economic operators.
Amendment 137 #
2016/0014(COD)
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 1
Article 8 – paragraph 4 – subparagraph 1
Amendment 138 #
2016/0014(COD)
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 2
Article 8 – paragraph 4 – subparagraph 2
Amendment 140 #
2016/0014(COD)
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Where the market surveillance authorities of one Member Statey decides to withdraw a vehicle, system, component and separate technical unit from the market in accordance with Article 49(5), ithey shall inform the economic operator concerned and where applicable the relevant approval authority.
Amendment 144 #
2016/0014(COD)
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. MThe market surveillance authoritiesy shall carry out theirits duties independently and impartially. TheyIt shall observe confidentiality where necessary in order to protect commercial secrets, subject to the obligation of information laid down in Article 9(3) to the fullest extent necessary in order to protect the interests of users in the European Union.
Amendment 145 #
2016/0014(COD)
Proposal for a regulation
Article 8 – paragraph 7
Article 8 – paragraph 7
Amendment 149 #
2016/0014(COD)
Proposal for a regulation
Article 8 – paragraph 8
Article 8 – paragraph 8
Amendment 151 #
2016/0014(COD)
Proposal for a regulation
Article 8 – paragraph 9
Article 8 – paragraph 9
Amendment 155 #
2016/0014(COD)
Proposal for a regulation
Article 9 – title
Article 9 – title
Compliance verification by the CommissionEuropean Surveillance Authority and enforcement co- ordination with Member States
Amendment 158 #
2016/0014(COD)
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
The CommissionSurveillance Authority shall organise and carry out, or require to be carried out, on an adequate scale, tests and inspections of vehicles, systems, components and separate technical units already made available on the market, with a view to verifying that those vehicles, systems, components and separate technical units conform to the type approvals and to applicable legislation as well as to ensure the correctness of the type approvals.
Amendment 165 #
2016/0014(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Manufacturers holding type- approvals or the economic operators shall, upon request, supply to the CommissionSurveillance Authority a statistically relevant number of production vehicles, systems, components and separate technical units selected by the Commissionagency that are representative for the vehicles, systems, components and separate technical units available for placing on the market under that type- approval. Those vehicles, systems, components and separate technical units shall be supplied for testing at the time and place and for the period the CommissionSurveillance Authority may require.
Amendment 168 #
2016/0014(COD)
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 1
Article 9 – paragraph 3 – subparagraph 1
For the purpose of enabling the CommissionSurveillance Authority to carry out the testing referred to in paragraphs 1 and 2, Member States shall make available to the Commission all data related to the type- approval of the vehicle, systems, components and separate technical units subject to compliance verification testing. Those data shall include at least the information included in the type-approval certificate and its attachments referred to Article 26(1).
Amendment 169 #
2016/0014(COD)
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 2
Article 9 – paragraph 3 – subparagraph 2
For vehicles approved in accordance with the step-by-step or multistage type- approval procedure, Member States shall also provide the CommissionSurveillance Authority with the type-approval certificate and its attachments referred to in Article 26(1) for the underlying type-approvals of systems, components and separate technical units.
Amendment 174 #
2016/0014(COD)
Proposal for a regulation
Article 9 – paragraph 5 – subparagraph 1
Article 9 – paragraph 5 – subparagraph 1
Where the CommissionSurveillance Authority establishes that the vehicles tested or inspected do not comply with the type- approval requirements laid down in this Regulation or any of the regulatory acts listed in Annex IV or that the type approval has been granted on the basis of incorrect data, it shall require in accordance with Article 54(8) without delay the economic operator concerned to take all appropriate corrective measures to bring the vehicles in compliance with those requirements, or it shall take restrictive measures, either by requiring the economic operator to withdraw the vehicles concerned from the market, or to recall them within a reasonable period of time, depending on the seriousness of the established non- compliance.
Amendment 176 #
2016/0014(COD)
Proposal for a regulation
Article 9 – paragraph 5 – subparagraph 2
Article 9 – paragraph 5 – subparagraph 2
Where those tests and inspections put into question the correctness of the type approval itself, the CommissionSurveillance Authority shall inform the approval authority or authorities concerned as well as the Forum for Exchange of Information on Enforcement.
Amendment 178 #
2016/0014(COD)
Proposal for a regulation
Article 9 – paragraph 5 – subparagraph 3
Article 9 – paragraph 5 – subparagraph 3
The Commission shall publish a report of itsthe findings following any compliance verification testing it has carried out by the Surveillance Authority.
Amendment 191 #
2016/0014(COD)
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 1
Article 10 – paragraph 2 – subparagraph 1
The Forum shall coordinate a network of the national authorities responsible for the type-approval and market surveillance.
Amendment 204 #
2016/0014(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Where the vehicle, system, component, separate technical unit, part or equipment presents a serious risk, the manufacturer shall immediately provide detailed information on the non-conformity and on any measures taken to the approval and mEuropean Market sSurveillance Authority and the approval authorities of the Member States in which the vehicle, system, component, separate technical unit, part or equipment has been made available on the market or has entered into service to that effect.
Amendment 210 #
2016/0014(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point c
Article 13 – paragraph 1 – point c
(c) cooperate with the approval or market surveillance authorities, at their request, on any action taken to eliminate the serious risk posed by vehicles, systems, components, separate technical units, parts or equipment covered by that mandate;
Amendment 211 #
2016/0014(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The internal market comprises an area without internal frontiers in which the free movement of goods, persons, services and capital must be ensured. Internal market rules should be transparent, simple and, consistent and effective, thus providing legal certainty and clarity for the benefit of businesses and consumers.
Amendment 212 #
2016/0014(COD)
Proposal for a regulation
Article 15 – title
Article 15 – title
Obligations of importers concerning their vehicles, systems, components or separate technical units that are not in conformity or concerning their vehicles, systems, components, separate technical units, parts or equipment that present a serious risk
Amendment 213 #
2016/0014(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Where a vehicle, system, component or separate technical unit that has been placed on the market by the importer is not in conformity with this Regulation, the importer shall immediately take the appropriate measures necessary to bring that vehicle, system, component or separate technical unit into conformity, to withdraw it from the market or to recall it, as appropriatein accordance with the decisions of the competent authorities.
Amendment 214 #
2016/0014(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1
Article 15 – paragraph 2 – subparagraph 1
Where a vehicle, system, component, separate technical unit, part or equipment presents a serious risk, the importer shall immediately provide detailed information on the serious risk to the manufacturer and the market approval and market surveillance authorities of the Member States in which the vehicle, system, component, separate technical unit, part or equipment has been placed on the market and to the surveillance authority.
Amendment 215 #
2016/0014(COD)
Proposal for a regulation
Article 17 – title
Article 17 – title
Obligations of distributors concerning their vehicles, systems, components or separate technical units that are not in conformity or concerning their vehicles, systems, components, separate technical units, parts or equipment that present a serious risk
Amendment 216 #
2016/0014(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The distributor who considers that a vehicle, system, component or separate technical unit that he has made available on the market is not in conformity with this Regulation, shall inform the manufacturer or the importer to ensure that the appropriate measures necessary to bring that vehicle, system, component or separate technical unit into conformity, to withdraw it from the market or to recall it, as appropriatedecided by the approval authority, are taken in accordance with Article 12(1) or Article 15(1).
Amendment 217 #
2016/0014(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Where the vehicle, system, component, separate technical unit, part or equipment presents a serious risk, the distributor shall immediately provide detailed information on that serious risk to the manufacturer, the importer and the approval and market surveillance authorities of the Member States in which that vehicle, system, component, separate technical unit, part or equipment has been made available on the market and to the market surveillance authority. The distributor shall also inform them of any action taken and give details, in particular of the serious risk and of corrective measures taken by the manufacturer.
Amendment 218 #
2016/0014(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) This Regulation sets out the harmonised rules and principles for the type-approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, and the individual vehicle approval, with a view to ensuring the proper functioning of the internal market for the benefit of businesses and with full and proper regard for the rights of consumers and to offer a high level of safety and protection of health and the environment.
Amendment 223 #
2016/0014(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) This Regulation should strengthen the current type-approval framework, in particular through the introduction of provisions on market surveillance. Market surveillance in the automotive sector should be introduced by specifying the obligations of the economic operators in the supply chain, the responsibilities of the enforcement authorities in the Member States, and the punitive measures to be taken when automotive products are encountered on the market that represent serious safety or environmental risks or that do not comply with the type-approval requirements.
Amendment 228 #
2016/0014(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) An effective implementation of the type-approval requirements should be ensured by enhancing the provisions on conformity of production by, inter alia, providing for mandatory periodic audits of the conformity control methods and the continued conformity of the products concerned and by reinforcing the requirements relating to the competence, obligations and performance of the technical services that carry out tests for whole-vehicle type-approval under the responsibility of type-approval authorities . The proper functioning ofindependence of manufacturers’ technical services is cruciala key pre-condition for ensuring a high level of safety and environmental protection and citizens' confidence in the system. The criteria for designation of technical services provided by Directive 2007/46/EC should be laid down in greater detail in order to assure their consistent application. The assessment methods of technical services in the Member States have a tendency to progressively differ due to the increased complexity of their work. Therefore, it is necessary to provide for procedural obligations that ensure an information exchange and monitoring of Member States' practicensure that Member States use the same procedures for the assessment, designation, notification and monitoring of their technical services. Those procedural obligations should remove any existing discrepancies in the methods used and in the interpretation of the criteria for the designation of technical services.
Amendment 229 #
2016/0014(COD)
Proposal for a regulation
Article 23 – paragraph 4 – subparagraph 1
Article 23 – paragraph 4 – subparagraph 1
The party applying for approval must supply to the authority all information concerning instruments, devices, software or strategies for deactivating emission control systems as referred to in Article 5(2) of Regulation 715/2007. The approval authority and technical services shall have access to the software and algorithms of the vehicle.
Amendment 231 #
2016/0014(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The need forauthorities designated to control and monitoring of the technical services by the designating authorities has increased since technical progress has raised the risk that technical services do notneed to guarantee that they possess the necessary competence, resources and infrastructure to test new technologies or devices emerging within their scope of designation. As technical progress shortens product cycles and as the intervals of surveillance on-site assessments and of the monitoring vary between designating authorities, minimum requirements are needed with regard to the intervals of the surveillance and monitoring of the technical services should be established.
Amendment 232 #
2016/0014(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Designation and monitoring of technical services by the Member States, in accordance with detailed and strict criteria, should therefore be subject to independent supervisory controls at Union level, including independent audits as a condition for with a view to assessing the renewal of their notification after five years. The position of technical services vis-à-vis manufacturers should be strengthened, including their right and duty and the provision of technical support to manufacturers should be made incompatible with such provision to national type-approval authorities. Technical services providing support to the competent authorities should also be authorised to carry out unannounced factory inspections and to conduct physical or laboratory tests on products covered by this Regulation, in order to ensure continuous compliance by manufacturers after they have obtained a type-approval for their products.
Amendment 236 #
2016/0014(COD)
Proposal for a regulation
Article 24 – paragraph 5
Article 24 – paragraph 5
5. The approval authority shall refuse to grant EU type-approval where it finds that a type of vehicle, system, component or separate technical unit, albeit in compliance with the applicable requirements, presents a serious risk to safety or may seriously harm the environment or public health. In that case, it shall immediately send to the approval authorities of the other Member States and to the Commission a detailed file explaining the reasons for its decision and setting out the evidence for its findings.
Amendment 239 #
2016/0014(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to increase transparency and mutual trust and to further align and develop thdevelop homogenous EU-wide criteria for the assessment, designation, and notification of technical services, as well as extension and renewal procedures, Member States should cooperate with each other and with the Commission. They should consult each other and the Commission on questions with general relevance for the implementation of this Regulation and inform each other and the Commission on their model assessment checklist.
Amendment 243 #
2016/0014(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Where designation of a technical service is based on accreditation in the meaning of Regulation (EC) No 765/2008 of the European Parliament and of the Council12, accreditation bodies and designating authorities should exchange information relevant for the assessment of the competence of technical servicesnsure that technical services are competent and independent. __________________ 12 Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008, p. 30).
Amendment 247 #
2016/0014(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) When, in spite of the measures taken to ensure a homogenous and coherent application and follow up of the requirements by the Member States, the competence of a technical service is in doubt, the Commission should have the possibility to investigate individual cases and propose solutions.
Amendment 248 #
2016/0014(COD)
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
4. In order to verify that a vehicle, system, component or separate technical unit conforms to the approved type, the approval authority that has granted the EU type-approval shall carry out, on at least 1/3 of the new models approved, checks or tests required for EU type-approval, on samples taken at the premises of the manufacturer, including production facilities.
Amendment 254 #
2016/0014(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The independence of technical services vis-à-vis manufacturers should be ensured, including by avoiding direct or indirect payments by the manufacturers for the type-approval inspections and tests they have carried out. Therefore the Member States should establish a type-approval fee structure that should cover the costs for carrying out all type-approval tests and inspections carried out by the technical services designated by the type-approval authority, as well as the administrative costs for issuing the type-approval and t. The costs for carrying out ex-post compliance verification tests and inspections should be borne by the surveillance authority.
Amendment 256 #
2016/0014(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Member States shall establish a national fee structure to cover the costs for their type-approvals and market surveillance activities as well as for the type- approval testing and conformity of production testing and inspections carried out by the technical services they have designated.
Amendment 259 #
2016/0014(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) A robust compliance enforcement mechanism is necessary in order to ensure that the requirements under this Regulation are met. Ensuring compliance with the type-approval and conformity of production requirements of the legislation governing the automotive sector should remain the key responsibility of the approval authorities, as it is an obligation closely linked to the issuing of the type- approval and requires detailed knowledge of its content. It is therefore important that the performance of approval authorities is regularly verified by means of peer- reviews, to ensure that a uniform level of quality and stringency is applied by all approval authorities in enforcing the type- approval requirements. Moreover, it is important to provide for theEU-level verification by an independent third party of the correctness of the type approval itself.
Amendment 260 #
2016/0014(COD)
Proposal for a regulation
Article 30 – paragraph 4 a (new)
Article 30 – paragraph 4 a (new)
4a. For every vehicle placed on the EU market, the manufacturer shall pay the surveillance service of the European Authority a maximum of 1/1000 of the sale price.
Amendment 264 #
2016/0014(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) The rules on Union market surveillance and control of products entering the Union market provided for in Regulation (EC) No 765/2008 apply to motor vehicles and their trailers, and to systems, components and separate technical units intended for such vehicles without preventing Member States from choosing the competent authorities to carry out those tasks. Market surveillance may be a competence shared between different national authorities to take account of the national market surveillance systems in the Member States established under Regulation (EC) No 765/2008. Effective coordination and monitoring at Union and national levels should guarantee that approval and market surveillance authorities enforce. In order for the market surveillance system to be independent, effective and homogeneous, supervisory powers need to be conferred on a Union-level third-party body which should guarantee that the new type-approval and market surveillance framework is fully and properly enforced.
Amendment 267 #
2016/0014(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) It is necessary to include rules on European market surveillance in this Regulation in order to reinforce the rights andensure compliance with the obligations of the national competent authorities, to ensure effective coordination of their market surveillance activities andtype- approval authorities and of manufacturers and at the same time to clarify the applicable procedures.
Amendment 275 #
2016/0014(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) In order to increase transparency in the approval process and facilitate the exchange of information and the independent verification by market surveillance authorities, approval authorities and the Commission, type approval documentation should be provided in electronic format and be made publicly available, subject to exemptions duewith sensitive data being exempted from this requirement in order to protection of commercial interests and the protection of personal data.
Amendment 278 #
2016/0014(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The obligations of national authorities concerningthe European market surveillance authority provided for in this Regulation are more specific than those laid down in Article 19 of Regulation (EC) No 765/2008 toshould take account of the specificities of the type- approval framework and the need to complement that framework with an effective market surveillance mechanism ensuring a robust ex-post verification of compliance of the products covered by this Regulation.
Amendment 281 #
2016/0014(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Those more specific obligations for nationalthe European authoritiesy provided for in this Regulation should include ex-post compliance verification testing and inspections of a sufficient number of vehicles placed on the market. The selection of the vehicles to be subject to this ex-post compliance verification should be based on an appropriate risk assessment of the market penetration of the product which takes account of the seriousness of the possible non-compliance and the likelihood of its occurrence.
Amendment 285 #
2016/0014(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) In addition, the Commission should organise and carry out or require to carry out ex-post compliance verification tests and inspections, independent from those carried out by Member States under their national market surveillance obligations. When non-compliance is established by those tests and inspections, or where it is found that a type approval has been granted on the basis of incorrect data the Commission should be entitled to initiate Union-wide remedial actions to restore the conformity of the vehicles concerned and to investigate the reasons for the incorrectness of the type approval. Appropriate funding should be ensured in the general budget of the Union to enable the execution of such compliance verification testing and inspections. In view of the budgetary constraints of the Multiannual Financial Framework 2014-2020 the implementation of the legislative proposal will have to be built on existing resources and to be designed in such a manner that they do not generate additional financial resourThe necessary resources should be generated by the advance payment by the manufacturer of a sum proportionate to the sale price of the vehicle in such a manner as to have no significant impact on that prices. The Commission should be entitled to impose administrative fines where non-compliance is established.
Amendment 291 #
2016/0014(COD)
Proposal for a regulation
Article 63 – paragraph 2
Article 63 – paragraph 2
2. The manufacturer shall make available to users all relevant information and necessary instructions describing any special conditions or restrictions linked to the use of a vehicle, a system, a component or a separate technical unit, including the presence of devices as referred to in Article 5(2) of Regulation 715/2007/EC.
Amendment 295 #
2016/0014(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) The objectives of this Regulation should not be affected by the fact that certain systems, components, separate technical units or parts and equipment can be fitted to or in a vehicle after that vehicle has been placed on the market, registered or entered into service. Appropriate measures should therefore be taken to ensure that the systems, components, separate technical units or parts and equipment that can be fitted to or in vehicles and that can significantly impair the functioning of systems that are essential for environmental protection or functional safety are controlled by ansubjected to prior control and swift authorisation by a national approval authority before they are placed on the market, registered or entered into service. The authority which issues the authorisation for such components should notify the Commission and the other approval authorities and should make available all the necessary documents and verify the prior control procedures.
Amendment 299 #
2016/0014(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) Conformity of production is one of the cornerstones of the EU type-approval system, and therefore the arrangements set up by the manufacturer to ensure such conformity should be approved by the competent authority or by an appropriately qualified technical service designated for that purposerom among those providing exclusive services to the approval authorities, and be subject to regular verification by means of independent periodic audits. In addition, approval authorities should ensure the verification of the continued conformity of the products concerned.
Amendment 304 #
2016/0014(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) The assessment of reported serious risks to safety and of harm to public health and the environment should be conducted at national level, but coordination at Union level should be ensured where the reported risk or harm may exist beyond the territory of one Member State with the objective of sharing resources and ensuring consistency regarding the corrective action to be taken to mitigeliminate the identified risk and harm.
Amendment 306 #
2016/0014(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) In order to ensure that all vehicles, systems, components and separate technical units placed on the market offer a high level of safety and environmental protection, the manufacturer or any other economic operator in the supply chain should take effective corrective measures, including the recall of vehicles, where a vehicle, system, component or separate technical unit presents a serious risk for users or the environment as referred to in Article 20 of Regulation (EC) No 765/2008. Approval authorities should be empowered to assess and verify whether those measures are sufficient. The authorities of other Member States' should have the right to take safeguard measures in case they would consider that the manufacturer's corrective measures are not sufficient.
Amendment 311 #
2016/0014(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) The Union is a contracting party to the Agreement of the United Nations Economic Commission for Europe (UNECE) concerning the adoption of uniform technical prescriptions for wheeled vehicles, equipment and parts which can be fitted to and/or be used on wheeled vehicles and the conditions for reciprocal recognition of approvals granted on the basis of these prescriptions (‘Revised 1958 Agreement’)13. The Union has accepted a significant number of regulations annexed to the Revised 1958 Agreement and has therefore the obligation to accept type-approvals issued in accordance with those regulations, as complying with the equivalent Union requirements. For the purpose of simplifying its type-approval framework and aligning it with the international framework of the UNECE, the Union in Regulation (EC) No 661/2009 of the European Parliament and of the Council14 repealed its specific type-approval Directives and replaced them with the obligatory application of the relevant UNECE regulations. To reduce the administrative burden of the type-approval process while retaining ambitious targets for road safety and the reduction of pollutant emissions, manufacturers of vehicles, systems, components and separate technical units should be allowed to seek type-approval in accordance with this Regulation, where appropriate, directly by means of obtaining approval under the relevant UNECE regulations referred to in the Annexes to this Regulation. __________________ 13 Council Decision 97/836/EC of 27 November 1997 with a view to accession by the European Community to the Agreement of the United Nations Economic Commission for Europe concerning the adoption of uniform technical prescriptions for wheeled vehicles, equipment and parts which can be fitted to and/or be used on wheeled vehicles and the conditions for reciprocal recognition of approvals granted on the basis of these prescriptions ('Revised 1958 Agreement') (OJ L 346, 17.12.1997, p. 81). 14 Regulation (EC) No 661/2009 of the European Parliament and of the Council of 13 July 2009 concerning type-approval requirements for the general safety of motor vehicles, their trailers and systems, components and separate technical units intended therefor (OJ L 200, 31.7.2009, p. 1).
Amendment 314 #
2016/0014(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) Whereas technical progress introducing new methods or techniques for vehicle diagnostics and repair, such as remote access to vehicle information and software, should not weakstrengthen the objectives of this Regulation with respect to access to repair and maintenance information for independent operators.
Amendment 320 #
2016/0014(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) Member StatesThe European Union should lay down rules on penalties for the infringements of this Regulation and ensure that those rules are implemented. Those penalties should be effective, proportionate and dissuasive. Member States shall report the imposed penalties to the Commission annually, to monitor the coherence of the implementation of these provisions.
Amendment 321 #
2016/0014(COD)
Proposal for a regulation
Article 73 – paragraph 2 – subparagraph 2
Article 73 – paragraph 2 – subparagraph 2
Amendment 325 #
2016/0014(COD)
Proposal for a regulation
Article 76
Article 76
Amendment 336 #
2016/0014(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
(2) ‘market surveillance’ means the activities carried out and measures taken by the market surveillance authoritiesy to ensure that vehicles, systems, components or separate technical units as well as parts and equipment made available on the market comply with the requirements set out in the relevant Union legislation and do not endanger health, safety or any other aspect of public interest protection;
Amendment 337 #
2016/0014(COD)
Proposal for a regulation
Article 84 – paragraph 2 – point a
Article 84 – paragraph 2 – point a
(a) allow their approval authority to witness the performance of the technical servicCategory A approval tests as referred to in Article 72(1) shall be carried out in the presence of and under the responsibility of the approval authority for the dpurpose of assessing the conformity assessmentof the sample and of the procedures;
Amendment 346 #
2016/0014(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 13
Article 3 – paragraph 1 – point 13
(13) ‘market surveillance authority’ means the national authority or authoritiesauthority responsible for carrying out market surveillance on the territory of the Member StateEuropean Union;
Amendment 347 #
2016/0014(COD)
Proposal for a regulation
Article 91 – paragraph 1 – point 3 a (new)
Article 91 – paragraph 1 – point 3 a (new)
Regulation (EC) 715/2007
Article 5 – paragraph 2 – subparagraph 1a (new)
Article 5 – paragraph 2 – subparagraph 1a (new)
(3a) the following paragraph 1a shall be added to Article 5: ‘The presence of devices as referred to in paragraph 2 must be communicated to the authority whose approval is sought, supplying all details necessary for the successive in-service conformity tests performed by the European Surveillance Authority.’
Amendment 356 #
Amendment 364 #
2016/0014(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
Member States shall establish or appoint the approval authorities and the market surveillance authorities. Member States shall notify the Commission of the establishment and appointment of such authorities.
Amendment 374 #
2016/0014(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Member States shall organise and carry out market surveillance and controls of vehicles, systems, components or separate technical units entering the market, in accordance with Chapter III of Regulation (EC) No 765/2008.
Amendment 379 #
2016/0014(COD)
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
5. Member States shall take the necessary measures to ensure thatThe European market surveillance authorities may, where ithey considers it necessary and justified, shall be entitled to enter the premises of economic operators and seize the necessary samples of vehicles, systems, components and separate technical units for the purposes of compliance testing.
Amendment 393 #
2016/0014(COD)
Proposal for a regulation
Article 6 – paragraph 7
Article 6 – paragraph 7
7. The Member StatesEuropean surveillance authority shall periodically review and assess the functioning of theirits surveillance activities. Such reviews and assessments shall be carried out at least every four years and the results thereof shall be communicated to the other Member States and the Commission. The Member State concernedCommission shall make a summary of the results of all the compliance verification tests carried out by the European surveillance authority accessible to the public.
Amendment 399 #
2016/0014(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Approval authorities shall only approve such vehicles, systems, components or separate technical units that comply with the requirements of this Regulation. The authorities shall ensure that the vehicles subjected to type- approval tests are exactly equivalent to those that will be placed on the market.
Amendment 415 #
2016/0014(COD)
Proposal for a regulation
Article 8 – title
Article 8 – title
Obligations of the market surveillance authoritiesy
Amendment 421 #
2016/0014(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Market surveillance authoritiesThe Commission shall identify the market surveillance authority from among its own existing resources; the latter authority shall perform regular checks to verify compliance of vehicles, systems, components and separate technical units with the requirements set out in this Regulation as well as with the correctness of the type approvals. Those checks shall be performed on an adequate scale, by means of documentary checks and real- drive and laboratory tests on the basis of statistically relevant samples. When doing so, the market surveillance authoritiesy shall take account of established principles of risk assessment, complaints and other information.
Amendment 429 #
2016/0014(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. MThe market surveillance authoritiesy shall require economic operators to make the documentation and information available as ithey considers necessary for the purpose of carrying out theirits activities.
Amendment 432 #
2016/0014(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. For type-approved vehicles, systems, components and separate technical units, the market surveillance authoritiesy shall take due account of certificates of conformity presented by economic operators.
Amendment 435 #
2016/0014(COD)
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 1
Article 8 – paragraph 4 – subparagraph 1
Amendment 436 #
2016/0014(COD)
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 2
Article 8 – paragraph 4 – subparagraph 2
Amendment 441 #
2016/0014(COD)
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Where the market surveillance authoritiesy of one Member State decides to withdraw a vehicle, system, component and separate technical unit from the market in accordance with Article 49(5), ithey shall inform the economic operator concerned and where applicable the relevant approval authority.
Amendment 443 #
2016/0014(COD)
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. MThe market surveillance authoritiesy shall carry out theirits duties independently and impartially. TheyIt shall observe confidentiality where necessary in order to protect commercial secrets, subject to the obligation of information laid down in Article 9(3) to the fullest extent necessary in order to protect the interests of users in the European Union.
Amendment 448 #
2016/0014(COD)
Proposal for a regulation
Article 8 – paragraph 7
Article 8 – paragraph 7
7. The Member StatesEuropean market surveillance authority shall periodically review and assess the functioning of theirits surveillance activities. Such reviews and assessments shall be carried out at least every four years and the results thereof shall be communicated to the other Member States and the Commission. The Member State concernedCommission shall make a summary of the results of all the compliance verification tests carried out by the European surveillance authority accessible to the public.
Amendment 452 #
2016/0014(COD)
Proposal for a regulation
Article 8 – paragraph 8
Article 8 – paragraph 8
Amendment 456 #
2016/0014(COD)
Proposal for a regulation
Article 8 – paragraph 9
Article 8 – paragraph 9
Amendment 475 #
2016/0014(COD)
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
The CommissionEuropean market surveillance authority shall organise and carry out, or require to be carried out, on an adequate scale, tests and inspections of vehicles, systems, components and separate technical units already made available on the market, with a view to verifying that those vehicles, systems, components and separate technical units conform to the type approvals and to applicable legislation as well as to ensure the correctness of the type approvals.
Amendment 485 #
2016/0014(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Manufacturers holding type- approvals or the economic operators shall, upon request, supply to the CommissionSurveillance Authority a statistically relevant number of production vehicles, systems, components and separate technical units selected by the Commissionagency that are representative for the vehicles, systems, components and separate technical units available for placing on the market under that type- approval. Those vehicles, systems, components and separate technical units shall be supplied for testing at the time and place and for the period the CommissionSurveillance Authority may require.
Amendment 492 #
2016/0014(COD)
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 1
Article 9 – paragraph 3 – subparagraph 1
For the purpose of enabling the CommissionSurveillance Authority to carry out the testing referred to in paragraphs 1 and 2, Member States shall make available to the Commission all data related to the type- approval of the vehicle, systems, components and separate technical units subject to compliance verification testing. Those data shall include at least the information included in the type-approval certificate and its attachments referred to Article 26(1).
Amendment 494 #
2016/0014(COD)
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 2
Article 9 – paragraph 3 – subparagraph 2
For vehicles approved in accordance with the step-by-step or multistage type- approval procedure, Member States shall also provide the CommissionSurveillance Authority with the type-approval certificate and its attachments referred to in Article 26(1) for the underlying type-approvals of systems, components and separate technical units.
Amendment 509 #
2016/0014(COD)
Proposal for a regulation
Article 9 – paragraph 5 – subparagraph 1
Article 9 – paragraph 5 – subparagraph 1
Where the Commissionsurveillance authority establishes that the vehicles tested or inspected do not comply with the type- approval requirements laid down in this Regulation or any of the regulatory acts listed in Annex IV or that the type approval has been granted on the basis of incorrect data, it shall require in accordance with Article 54(8) without delay the economic operator concerned to take all appropriate corrective measures to bring the vehicles in compliance with those requirements, or it shall take restrictive measures, either by requiring the economic operator to withdraw the vehicles concerned from the market, or to recall them within a reasonable period of time, depending on the seriousness of the established non- compliance.
Amendment 512 #
2016/0014(COD)
Proposal for a regulation
Article 9 – paragraph 5 – subparagraph 2
Article 9 – paragraph 5 – subparagraph 2
Where those tests and inspections put into question the correctness of the type approval itself, the Commissionsurveillance authority shall inform the approval authority or authorities concerned as well as the Forum for Exchange of Information on Enforcement.
Amendment 520 #
2016/0014(COD)
Proposal for a regulation
Article 9 – paragraph 5 – subparagraph 3
Article 9 – paragraph 5 – subparagraph 3
The Commission shall publish a report of itsthe findings following any compliance verification testing it has carried out by the surveillance authority.
Amendment 546 #
2016/0014(COD)
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 1
Article 10 – paragraph 2 – subparagraph 1
The Forum shall coordinate a network of the national authorities responsible for the type- approval and market surveillance.
Amendment 591 #
2016/0014(COD)
Proposal for a regulation
Article 12 – title
Article 12 – title
Obligations of manufacturers concerning their vehicles, systems, components, separate technical units or parts and equipment that are not in conformity or that present a serious risk
Amendment 598 #
2016/0014(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Where the vehicle, system, component, separate technical unit, part or equipment presents a serious risk, the manufacturer shall immediately provide detailed information on the non-conformity and on any measures taken to the approval Europeand market surveillance authority and the approval authorities of the Member States in which the vehicle, system, component, separate technical unit, part or equipment has been made available on the market or has entered into service to that effect.
Amendment 605 #
2016/0014(COD)
Proposal for a regulation
Article 12 – paragraph 4 – subparagraph 1
Article 12 – paragraph 4 – subparagraph 1
The manufacturer shall, upon a reasoned request from the European surveillance authority or a national authority, provide that authority, through the approval authority, with a copy of the EU type- approval certificate or the authorisation referred to in Article 55(1) demonstrating conformity of the vehicle, system, component or separate technical unit, in a language that can be easily understood by the national authority.
Amendment 607 #
2016/0014(COD)
Proposal for a regulation
Article 12 – paragraph 4 – subparagraph 2
Article 12 – paragraph 4 – subparagraph 2
The manufacturer shall, following a reasoned request from the European surveillance authority or a national authority, cooperate with that authority on any action taken in accordance with Article 20 of Regulation (EC) No 765/2008 to eliminate the risks posed by the vehicle, system, component, separate technical unit, part or equipment that he has made available on the market.
Amendment 616 #
2016/0014(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point c
Article 13 – paragraph 1 – point c
(c) cooperate with the approval or market surveillance authorities, at their request, on any action taken to eliminate the serious risk posed by vehicles, systems, components, separate technical units, parts or equipment covered by that mandate;
Amendment 625 #
2016/0014(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Where a vehicle, system, component or separate technical unit that has been placed on the market by the importer is not in conformity with this Regulation, the importer shall immediately take the appropriate measures necessary to bring that vehicle, system, component or separate technical unit into conformity, to withdraw it from the market or to recall it, as appropriatein accordance with the decisions of the competent authorities.
Amendment 626 #
2016/0014(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1
Article 15 – paragraph 2 – subparagraph 1
Where a vehicle, system, component, separate technical unit, part or equipment presents a serious risk, the importer shall immediately provide detailed information on the serious risk to the manufacturer and, the approval and marketEuropean surveillance authoritiesy and the approval authority of the Member States in which the vehicle, system, component, separate technical unit, part or equipment has been placed on the market.
Amendment 641 #
2016/0014(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The distributor who considers that a vehicle, system, component or separate technical unit that he has made available on the market is not in conformity with this Regulation, shall inform the manufacturer or the importer to ensure that the appropriate measures necessary to bring that vehicle, system, component or separate technical unit into conformity, to withdraw it from the market or to recall it, as appropriate, are takenccording to the decisions of the competent authorities, in accordance with Article 12(1) or Article 15(1).
Amendment 644 #
2016/0014(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Where the vehicle, system, component, separate technical unit, part or equipment presents a serious risk, the distributor shall immediately provide detailed information on that serious risk to the manufacturer, the importer and the approval and market surveillance authorities of the Member States in which that vehicle, system, component, separate technical unit, part or equipment has been made available on the market. The distributor shall also inform them of any action taken and give details, in particular of the serious risk and of corrective measures taken by the manufacturer.
Amendment 650 #
2016/0014(COD)
Proposal for a regulation
Article 19 – paragraph 1 – introductory part
Article 19 – paragraph 1 – introductory part
Upon a request of an approval authority or athe market surveillance authority, for a period of ten years after the placing on the market of a vehicle and for a period of five years after the placing on the market of a system, component, separate technical unit, part or equipment, economic operators shall provide information on the following:
Amendment 668 #
2016/0014(COD)
Proposal for a regulation
Article 23 – paragraph 4 – subparagraph 1
Article 23 – paragraph 4 – subparagraph 1
The manufacturer applying for approval must supply to the authority all information concerning instruments, devices, software or strategies for deactivating emission control systems as referred to in Article 5(2) of Regulation 715/2007. The approval authority and technical services shall have access to the software and algorithms of the vehicle.
Amendment 677 #
2016/0014(COD)
Proposal for a regulation
Article 23 – paragraph 4 – subparagraph 2
Article 23 – paragraph 4 – subparagraph 2
The approval authority or the surveillance authority may, by reasoned request, also require the manufacturer to supply any additional information needed to take a decision on which tests are required, or to facilitate the execution of those tests.
Amendment 712 #
2016/0014(COD)
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
4. In order to verify that a vehicle, system, component or separate technical unit conforms to the approved type, the approval authority that has granted the EU type-approval shall carry out, on at least 1/3 of the new models approved, checks or tests required for EU type-approval, on samples taken at the premises of the manufacturer, including production facilities.
Amendment 734 #
2016/0014(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Member States shall establish a national fee structure to cover the costs for their type-approvals and market surveillance activities as well as for the type- approval testing and conformity of production testing and inspections carried out by the technical services they have designated.
Amendment 755 #
2016/0014(COD)
Proposal for a regulation
Article 30 – paragraph 4 a (new)
Article 30 – paragraph 4 a (new)
4a. For every vehicle placed on the EU market, the manufacturer shall pay the European surveillance service a sum proportionate to the sale price of that vehicle in such a manner as to have no significant impact on the price in question.
Amendment 808 #
2016/0014(COD)
Proposal for a regulation
Article 49 – title
Article 49 – title
Procedure for dealing with vehicles, systems, components or separate technical units presenting a serious risk at national level
Amendment 899 #
2016/0014(COD)
Proposal for a regulation
Article 63 – paragraph 2
Article 63 – paragraph 2
2. The manufacturer shall make available to users all relevant information and necessary instructions describing any special conditions or restrictions linked to the use of a vehicle, a system, a component or a separate technical unit, including the fact of being fitted with any devices as referred to in Article 5(2) of Regulation (EC) No 715/2007.
Amendment 909 #
2016/0014(COD)
Proposal for a regulation
Article 65 – paragraph 2 – subparagraph 2
Article 65 – paragraph 2 – subparagraph 2
The vehicle OBD and the vehicle repair and maintenance information shall be made available on the websites of manufacturers using a standardised format or, if this is not feasible, due to the nature of the information, in another appropriate format. In particular, this access shall be granted in a manner which is non-discriminatory compared to the provision given or access granted to authorised dealers and repairers. . For independent operators other than repairers, the information shall also be given in a machine-readable format that can be electronically processed with commonly available IT tools and software, which allows independent operators to execute their business functions in the aftermarket supply chain.
Amendment 980 #
2016/0014(COD)
Proposal for a regulation
Article 73 – paragraph 2 – subparagraph 2
Article 73 – paragraph 2 – subparagraph 2
Amendment 986 #
2016/0014(COD)
Proposal for a regulation
Article 76
Article 76
Amendment 1074 #
2016/0014(COD)
Proposal for a regulation
Article 84 – paragraph 2 – point a
Article 84 – paragraph 2 – point a
(a) allow their approval authority to witness the performance of the technical serviccategory A approval tests as referred to in Article 72(1) shall be carried out in the presence of and under the responsibility of the approval authority for the dpurpose of making the conformity assessment of the sample and the procedures;
Amendment 1114 #
2016/0014(COD)
Proposal for a regulation
Article 91 – paragraph 1 – point 3 a (new)
Article 91 – paragraph 1 – point 3 a (new)
Regulation (EC) No 715/2007
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
(3a) the following paragraph 2a is inserted in Article 5: ‘2a. Any devices as referred to in paragraph 2 shall be notified to the authority whose approval is sought, supplying all details necessary for subsequent in-service conformity tests to be performed by the European Surveillance Authority.’
Amendment 1123 #
Amendment 1130 #
2016/0014(COD)
Proposal for a regulation
Annex XVIII – point 6 – point 6.4
Annex XVIII – point 6 – point 6.4
6.4. With regard to vehicles falling in the scope of Regulation (EC) No 595/2009, rReprogramming of control units shall be conducted in accordance with either ISO 22900-2 or SAE J2534 or TMC RP1210B using non-proprietary hardware. Ethernet, serial cable or local area network (LAN) interface and alternative media like compact disc (CD), digital versatile disc (DVD) or solid state memory device for infotainment systems (e.g. navigation systems, telephone) may also be used, but on the condition that no proprietary communication software (e.g. drivers or plug-ins) or hardware is required. For the validation of the compatibility of the manufacturer-specific application and the vehicle communication interfaces (VCI) complying to ISO 22900-2 or SAE J2534 or TMC RP1210B, the manufacturer shall offer either a validation of independently developed VCIs or the information, and loan of any special hardware, required for a VCI manufacturer to conduct such validation himself. The conditions of Article 67(1) shall apply to fees for such validation or information and hardware, within six months of the granting of type approval, a validation of independently developed VCIs and the test environment, including information on the specifications of the communication protocol and the loan of any special hardware, required for a VCI manufacturer to conduct such validation himself.
Amendment 12 #
2015/2354(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. WelcomesTakes the view that the Single Market Strategy (SMS), which will may help to inject new life into Europe’s economies by opening up borders and removing barriers for goods and services;
Amendment 17 #
2015/2354(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on the Commission and the Member States to combat fiscal and social dumping which creates unfair competition between the economies of individual countries within the EU, causing intolerable imbalances which, with the opening of borders and removal of barriers for goods and services, are likely to widen, to the detriment of the quality of those goods and services, not to mention jobs and working conditions; believes that this is the only way in which the single market will be able to withstand the competition from non-EU countries and prevent the social safety net from becoming ever smaller, leading to huge job losses;
Amendment 30 #
2015/2354(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Believes that barriers to doing business across borders are barriers to growth and job creation; calls, however, for due account to be taken of the fact that in the single market, reciprocal arrangements are vital for preventing unfair competition and social dumping;
Amendment 46 #
2015/2354(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas rules and actions at EU level should be incorporated into a uniform strategic vision and thus be consistent with each other and not contradictory;
Amendment 48 #
2015/2354(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Commission and the Member States to take measures to facilitate and implement 'smart working', in order to improve the productivity and quality of life of workers and their families, especially in a digital single market;
Amendment 53 #
2015/2354(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes the potential of the collaborative economy for job creation and a more inclusive labour market across Member States; believes that a country-by-country taxation principle needs to be establishedmmon consolidated corporate tax base for businesses needs to be established and that, given the natural adjustments in individual countries, the Commission and the Member States should take the necessary measures to achieve equal rights and conditions, including pay and tax, for all workers in the European Union;
Amendment 59 #
2015/2354(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Commission to support the reduction of the burden of taxation and social security contributions on labour, for both the employed and self-employed, in order to increase the purchasing power of workers, employees and the self-employed, and their families, and improve the competitiveness of SMEs, micro-enterprises and innovative start-ups;
Amendment 61 #
2015/2354(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the fact that the strategy iseeks to complementary to the efforts made in other areas; believes that, by building onimproving the initiatives already being taken, the strategy has good potential to help ensure economic prosperity and make Europe attractive for investments;
Amendment 65 #
2015/2354(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. WelcomTakes the opportunitviesw that the SMS can offers to SME fresh opportunities to SMEs, micro-enterprises and innovative start- ups; believes that developing the right business environment by improving private venture capital frameworks for SMEs and fully applying the ‘Think Small First’ principle across the single market, facilitating access to credit, reducing the tax burden, red tape and tax obligations for SMEs is crucial for growth and job creation;
Amendment 70 #
2015/2354(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. WelcomNotes the Commission’s support for dual education systems; stresses the importance of ensuring that the SMS does not in any way undermine dual education systems;
Amendment 96 #
2015/2354(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Calls on the Commission and the Member States to support job creation in the collaborative economy by developing appropriate safeguards, while at the same time providing a platform that will allow entrepreneurs to grow, innovate and create jobs.; calls on the Commission, in addition, to promote specific support for entrepreneurs in order to provide them with the ideal conditions for achieving the objectives of growth, innovation and job creation;
Amendment 98 #
2015/2354(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Stresses in this regard the need to increase, in an effective manner, the information on EU funds available to SMEs, micro-enterprises and innovative start-ups; points out, moreover, that to ensure the quality of the use of EU funds it is essential to implement a system to supervise and monitor the use of those resources;
Amendment 122 #
2015/2354(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Draws attention to the difficulties faced by businesses, and in particular SMEs and start-ups, in securing funding; calls on the Commission, while continuing the valuable support provided to those companies through the European Fund for Strategic Investments (EFSI) and programmes such as Horizon 2020 and COSME, to explore ways of further facilitating access to them, especially for micro-enterprises, for instance by reducing calls for applications to six-month periods and further simplifying the relevant procedures;
Amendment 134 #
2015/2354(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Points out that differences in external factors, such as ease of access to credit, taxation regimes and labour regulations, mean that some SMEs find themselves at a disadvantage compared to others; believes that these imbalances adversely affect the proper functioning of the single market and can prevent virtuous SMEs from developing their full potential; takes the view that the Commission should use its available tools to ensure that conditions for growth are as equitable as possible;
Amendment 139 #
2015/2354(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Draws attention to the fact that each year thousands of SMEs across Europe go bankrupt while waiting for their invoices to be paid, including by public administrations; calls on the Commission and the Member States to step up their efforts to facilitate the application and enforcement of the Late Payment Directive; calls, furthermore, on the Member States to consider, in the event of unsatisfactory implementation of the Late Payment Directive, forms of adequate compensaprotection for companies owed money by a public administration, so that they are not forced to go bankrupt because of it;
Amendment 148 #
2015/2354(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Welcomes the legislative initiative on business insolvency, including early restructuring and second chances, which will ensure that Member States provide a regulatory environment that is able to accommodate failure without discouraging entrepreneurs who are victims of economic downturns from trying new ideas;
Amendment 164 #
2015/2354(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Emphasises that the collaborative (or sharing) economy is growing fast and changing the way that many services and assets are provided and consumed; underlines, furthermore, the strong link between these new business models and the performance of the single market; stresses that the emergence of such phenomena calls for prompter and more forward-looking regulatory intervention;
Amendment 174 #
2015/2354(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes the Commission’s announced initiative on the European agenda for the collaborative economy, and its intention to look at that economy in order to assess what needs to be done to accompany its growth and its major contribution to the economic system; takes the view that regulatory intervention in this field should be characterised by flexibility, to enable the rules to be promptly adapted and enforced in a rapidly changing sector which calls for fast and effective adjustments;
Amendment 203 #
2015/2354(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Draws attention to the important role of standards for innovation and progress in the single market; calls on the Commission to support and reinforce European standards, including by exploiting the opportunities offered byand not to compromise standards and quality during the ongoing negotiations for a Transatlantic Trade and Investment Partnership (TTIP);;
Amendment 221 #
2015/2354(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Calls on the Commission to act swiftly on its declared intention of reviewing legislation on supplementary protection certificates (SPC) in the pharmaceutical sector, so as to allow production alone in the EU Member States, without prejudice to the marketing rights of certificate holders;
Amendment 234 #
2015/2354(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commission to present a proposal for the protection of geographical indications for non-agricultural products in the EU, as already called for by Parliament; stresses that such an instrument would explicitly highlight the added value of many local productions, with obvious benefits for the producers and regions concerned and in terms of consumer awareness;
Amendment 290 #
2015/2354(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Reiterates its call for the rapid adoption of the Product Safety and Market Surveillance Package by the Council; underlines the importance of the indication of country of origin, which is crucial to protect consumers and to strengthen the fight against counterfeiting, as well as giving producers the advantage of a distinctive designation, making them more competitive in a globalised world in which products are in danger of becoming increasingly uniform;
Amendment 305 #
2015/2354(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Stresses that regulatory differences between Member States regarding differing labelling requirements create unnecessary obstacles to the activities of suppliers of goods; calls on the Commission to consider introducing a mandatory scheme for the provision of key information for hand- made and industrial products, for example in the furniture, sector established at EU level; considers that such an initiative would be beneficial for consumers, industries and trade operators, ensuring transparency, adequate recognition of European products and harmonised rules for operators in the single market;
Amendment 316 #
2015/2354(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Emphasises, in respect of the single market in services, that there is a clear need to improve the cross-border provision of services, while taking care not to encourage social dumping; urges the Member States to ensure proper and more effective application of the Services Directive, while avoiding the practice of gold-plating; welcomes the Commission proposal to improve notification under the Services Directive; agrees to extend the notification procedure provided for in Directive 2015/1535 to all the sectors not covered by that directive;
Amendment 11 #
2015/2353(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Emphasises the need for effectiveness and result-orientation of cohesion policy; recalls that, also because of the late adoption of Operational Programmes in some Member States, European Structural and Investment (ESI) Funds are at an early stage of implementation in 2016 and that at the time of the MFF review/revision only limited evidence is available as to results;
Amendment 26 #
2015/2353(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Highlights the improved synergies and coordination among the five European Structural and Investment Funds (ESIF) and other EU instruments, which is an important element in ensuring the effectiveness of the EU budget; notes, however, that the creation of the European Fund for Strategic Investments (EFSI) has had an impact in terms of cuts to the Horizon 2020 programmes and the Connecting Europe Facility (CEF), limiting their ability to accomplish their respective objectives;
Amendment 36 #
2015/2353(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Reiterates its firm position on the importance of simplifying access to ESI Funds, and supports in this context the work of the Commission's High Level Group in monitoring simplification for beneficiaries; stresses, however, the need to ensure a proper balance between simplification on the one hand, and the detection and prevention of irregularities, including fraud, on the other;
Amendment 44 #
2015/2353(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses that grants are an effective form of support in many areas of public intervention but recalls, that according to the recital 53 of the Regulation No 966/2012 on the financial rules applicable to the general budget of the Union, financial instruments should be used on a complementary basis, on the basis of an ex ante evaluation, demonstrating that they are more effective for the achievement of the Union's policy objectives than other forms of Union funding, including grants; recognises the potential of financial instruments as a form of support for ESI Funds; calls for a more simplified use of financial instruments in future and for an adequate training of the managing authorities in this field;
Amendment 63 #
2015/2353(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Regrets that the Youth Employment Initiative (YEI) has hitherto failed to achieve the goal of improving working and economic conditions for young people and calls therefore for a review of its operational mechanisms, in order to make it an effective tool for helping to resolve the persisting problem of high levels of youth unemployment;
Amendment 64 #
2015/2353(INI)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Reiterates that national co-financing of the European Structural and Investment Funds should be completely excluded from the definition of Stability and Growth Pact structural deficits, as stated in the European Parliament resolution of 8 October 2013 on effects of budgetary constraints for regional and local authorities regarding the EU's Structural Funds expenditure in the Member States;
Amendment 65 #
2015/2353(INI)
Draft opinion
Paragraph 8 c (new)
Paragraph 8 c (new)
8c. Considers that the MFF revision/review is a good opportunity to deal with the fundamental link between Cohesion Policy and the outcomes and agreements of the COP21 conference; calls, moreover, on the Commission to help the Managing authorities in the Member States adapt the programmes consistently with the recent decisions taken at the conference;
Amendment 1 #
2015/2352(INI)
Draft opinion
Recital A
Recital A
A. whereas Article 194 of the Treaty on the Functioning of the European Union specifically upholds the right of a Member State to determine the conditions for exploiting its energy resources, whilst also upholding regard for solidarity and environmental protectionits Article 11 specifically establishes that environmental protection requirements must be integrated into the definition and development of the Union's policies and activities, and its Article 191 establishes as objectives of the environmental policy the protection of human health, and the prudent and rational utilisation of natural resources, among others;
Amendment 6 #
2015/2352(INI)
Draft opinion
Recital B
Recital B
B. whereas conventional indigenous sources of oil and gas contribute significantly to Europe's currrepresent ena vergy needs and are crucial at present for our energy security and energy diversitysmall and continuously declining share of world oil and gas proved reserves which is better to carefully conserve underground;
Amendment 10 #
2015/2352(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
Ba. whereas the potential unconventional European sources of gas and oil, and especially gas and oil captured in shale formations, to be extracted by hydraulic fracturing, remain extremely uncertain –as the 2011-2015 experience in Poland has soundly demonstrated–, due to greater depths than expected, high clay contents, and geological barriers of significant complexity, and furthermore it is met by strong reserves, when not outright opposition, of many European citizens and Member states, due to environmental and other impacts and triggered earthquakes;
Amendment 15 #
2015/2352(INI)
Draft opinion
Recital C
Recital C
C. whereas there is already an extensive body of international law and international conventions which govern the seas, including European waters, although they have a limited preventive capacity, as demonstrated by a decades-long record of environmental disasters linked to offshore spills caused worldwide by the extractive industry;
Amendment 22 #
2015/2352(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Underscores the fact that the Member States already have the world's best-performing offshore safety regimes and that overregulation in this area would seriously harm the competitiveness of theirthe strict respect of existing regulation in this area is a constraint to be respected in any circumstance by their extractive industries;
Amendment 28 #
2015/2352(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Points out that, as regards 'liability for offshore accidents and their consequences, the Offshore Safety Directive (OSD) channels it unequivocally to offshore licensees, i.e. the individual or joint holders of authorizations for oil/gas prospection, exploration, and/or production operations issued in accordance with Directive 94/22/EC1 . It also makes the licensees strictly liable for any environmental damage resulting from their operations'; however, there are founded doubts about this condition being sufficient, since it has been stated unequivocally by the same Directive that no existing financial security instruments, including risk pooling arrangements, can accommodate all possible consequences of major accidents; moreover, although the OSD contains specific provisions for liability and compensation-related issues, it does not put in place a comprehensive EU framework for liability, since it neither deals with liability for civil damage (i.e. caused to natural or legal persons, including bodily injury, property damage and economic loss, both consequential and pure), nor addresses criminal liability for offshore accidents, arising out of committing a criminal act qualified as such by the law. _________________ 1 OJ L 164, 30.6.1994, p. 3.
Amendment 38 #
2015/2352(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Underlines that the Commission itself has highlighted that liability for civil damage (i.e. third party damage, or 'traditional damage') from offshore oil and gas operations in the European Economic Area (EEA) is still poorly understood; at the same time, it highlights that the expectations of the public, civil society and some authorities are high, but there is no coherent perspective on the kinds of claims that would be permissible, nor how to manage such claims effectively in the case of major accidents – particularly accidents that cross boundaries;
Amendment 41 #
2015/2352(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes that there is a 'broad variety of financial security products available to hedge oil and gas companies’ operating risk. These range from self-insurance options, to third-party insurance, to mutual schemes such as the Offshore Pollution Liability Association Ltd (OPOL), to alternative risk transfer mechanisms and others'; this notwithstanding, none of them is able to fully protect the Member states from the combined consequences of the challenging insolvency and transboundary problems that can demonstrably arise from major offshore incidents;
Amendment 44 #
2015/2352(INI)
4a. Highlights that the consequence of such an incident is likely to be a socialization of the incident's costs to local communities, the State and other businesses dependent on the marine economy; such externalization can be further composed by the complexity of the existing international legal framework, which makes it difficult to advance successful transboundary damage claims;
Amendment 49 #
2015/2352(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Concludes that there is no need to give consideration to further legislation until the Commission has published its report on implementation of the OSD., while respecting the deadlines established for the Commission to publish its report on implementation of the OSD, due for July 2019, it is of the utmost importance for the Union to pursue actively during this period the research about how a comprehensive EU's framework for liability should be put in place, as a necessary complement to the regulatory process, in order to better protect possible damaged parties, and to better reflect European societal values;
Amendment 4 #
2015/2347(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Urges the Member States in Central and Eastern Europe to ensure coordination and synergy between the European Structural and Investment (ESI) Funds, the Connecting Europe Facility (CEF), and Horizon 2020, the European Fund for Strategic Investments (EFSI) and EIB and EBRD resources when implementing projects aimed at improving the connection and accessibility of the transport infrastructure in the region; underlines that the use of all this readily available funding should be given priority, especially in the context of the current absorption rate, over investment participation by third parties in cases where this investment is driven by political considerations rather than business interests;
Amendment 10 #
2015/2347(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on Central and Eastern European Member States to ensure a high level of transparency and close scrutiny of the use of those funds and to publish details of their allocation at the earliest opportunity;
Amendment 18 #
2015/2347(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that ESI Funds can be used in the development of the missing links in the border areas across Central and Eastern Europe; recalls that priority should be given to cross-border projects pertaining to the trans-European networks (TENs) in the region; calls, in this context, for continued efforts to be made towards introducing common standards in infrastructure, notably with regard to railways, in order to speed up attainment of the objective of efficient and Europe-wide interoperability; calls, with this in mind, on the Commission and the Member States to pursue funding strategies aimed at Europe-wide harmonisation of transport infrastructure;
Amendment 28 #
2015/2347(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes that Central and Eastern Europe has significant development potential as regards its inland waterways as well as its sea ports; considers that this could be used towards furthering the goal of enhancing multimodal transport in the region on a sustainable, environment-friendly basis;
Amendment 40 #
2015/2347(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Strongly advises making better use of existing policies and instruments for regional cooperation, such as European Territorial Cooperation (ETC), Interreg and especially European Groupings of Territorial Cooperation (EGTCs), to enhance cross-border transport between regions and remove bottlenecks; urges the Member States to support and not impede such solutions on a local and regional level and to involve local and other stakeholders as part of a transparent process; advocates the use of macro- regional strategies like those for the Danube and the Baltic Sea in order to advance transnational infrastructure projects;
Amendment 44 #
2015/2347(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Recalls that ESI Funds could also be used to increase the administrative capacity of the intermediate bodies and beneficiaries, which could otherwise undermine the EU’s support to transport investments in the region; notes that the JASPERS assistance mechanism in particular has proven helpful in this role thus far and might, therefore, apart from simply being continued, be considered also for a more permanent, institutional setting; calls on the Commission and the Member States to take steps to streamline the public management of such resources and make it more efficient, and to avoid unnecessary red tape;
Amendment 50 #
2015/2347(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Urges Central and Eastern European Member States to take action that is environmentally and socially sustainable, giving priority to environmentally friendly and sustainable infrastructure projects that have a low landscape impact, with a view to boosting the economy and the development of the regions concerned;
Amendment 11 #
2015/2325(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas between the start of 2015 and November of the same year, some 900 000 people crossed the Mediterranean to reach Europe’s coasts, and women and children accounted for around 38% of the total;
Amendment 16 #
2015/2325(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas too many people have already lost their lives during these journeys of hope and many of them have been women;
Amendment 28 #
2015/2325(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas many women travelling with children do not reach their intended destinations, thus leaving their own children alone and defenceless, with nobody to turn to for support;
Amendment 34 #
2015/2325(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas women who are subjected to violence and trafficking are more exposed to the risk of sexually transmitted diseases;
Amendment 36 #
2015/2325(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas very often, reception hubs do not contain any internal areas that are suitable for mothers housed there who have to support and look after their children; whereas, in addition, legal assistance facilities do not give adequate support in providing information and helping in the search for family members;
Amendment 38 #
2015/2325(INI)
Motion for a resolution
Recital G b (new)
Recital G b (new)
Gb. whereas, as part of its winter response activities, UNICEF has drawn up emergency plans to deal with the constantly growing requirements of children and women and the sudden changes in migration routes;
Amendment 40 #
2015/2325(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas girls and women are often obliged to enter into forced marriages for the purpose of securing easy, safe access for men who would otherwise not be entitled to such access and could not be regarded as refugees or asylum-seekers;
Amendment 43 #
2015/2325(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. whereas women who migrate to different cultural and social environments than the one to which they belong often do not have the freedom to make informed choices in adopting a new lifestyle that suits their expectations and preferences;
Amendment 45 #
2015/2325(INI)
Motion for a resolution
Recital I b (new)
Recital I b (new)
Ib. whereas women are often forced to accept undeclared work in degrading conditions so that they can stay in their country of arrival;
Amendment 46 #
2015/2325(INI)
Motion for a resolution
Recital I c (new)
Recital I c (new)
Ic. whereas women and girls are entitled to have their own independent status from a legal and paperwork standpoint;
Amendment 47 #
2015/2325(INI)
Motion for a resolution
Recital K a (new)
Recital K a (new)
Ka. whereas, for many women, even obtaining asylum does not mean true salvation and genuinely achieving a decent life, and women are often subjected to abuse;
Amendment 63 #
2015/2325(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Takes the view that the problem of women refugees and asylum seekers should be addressed at EU level, with responsibilities and costs to be shared by all 28 Member States and not just the countries of first arrival;
Amendment 73 #
2015/2325(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls for targeted measures to ensure the full integration of women refugees and asylum seekers, by preventing all forms of exploitation, abuse, violence and trafficking;
Amendment 114 #
2015/2325(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls on the Member States to ensure, in any case, independent legal status as far as documents are concerned, thus enabling women to apply for and maintain the status of refugee or asylum seeker regardless of the situation of the other members of their families;
Amendment 123 #
2015/2325(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Urges the Member States to guarantee and publicise the right of women seeking asylum to request a female interviewer and interpreter and to deliver comprehensive and mandatory training for interviewers and interpreters on sexual violence, trauma and memory;(Does not affect English version)
Amendment 125 #
2015/2325(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls on the Member States, in collaboration with the EU, to promote medical and psycho-social care projects for women who have suffered violence, with the direct involvement of qualified women who are specialists in the field;
Amendment 130 #
2015/2325(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Urges the Commission and the Member States to guarantee full access to sexual and reproductive health and rights, including access to safe abortion,health and to allocate additional resources to healthcare provision as a matter of urgency, paying special attention to pregnant women or those with newborn children;
Amendment 151 #
2015/2325(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Calls on the Commission and the Member States to equip reception hubs for refugees and asylum seekers with appropriate areas enabling them to support and look after their children;
Amendment 156 #
2015/2325(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Highlights the importance of equipping reception facilities with appropriate legal assistance for women in order to provide them with valuable support in terms of information and the search for family members;
Amendment 161 #
2015/2325(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls on the Commission and the Member States to take measures to prevent forced marriages being imposed on women and girls once they have obtained refugee status, with a view to securing safe access for men who would otherwise not be entitled to such access;
Amendment 182 #
2015/2325(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Member States to develop and implement specific measures to facilitate labour market participation of women refugees and asylum seekers, including literacy programmes, language classes, lifelong learning and basic training; stresses the importance of widening access to higher education for women refugees; calls for robust and transparent procedures for recognising qualifications obtained abroad;
Amendment 184 #
2015/2325(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Stresses that true and full integration is the only possible way to ensure that women fleeing from war zones and violence have a decent life and all the efforts of the international community must be geared towards achieving that aim;
Amendment 189 #
2015/2325(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Points out that in order to achieve full and complete integration, women must be in a position freely to make informed choices about the way they want to be and the habits and customs they wish to adopt, without any external impositions or constraints that limit their freedom;
Amendment 198 #
2015/2325(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Calls on the Member States to supervise the inclusion of women in the labour market, to prevent situations that might foster any undeclared employment of those women, also in view of their greater vulnerability once they have been granted asylum or refugee status;
Amendment 4 #
2015/2324(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas the Alps are the EU’s second largest biodiversity area, after the Mediterranean Sea, and form one of Europe’s foremost water catchment areas;
Amendment 6 #
2015/2324(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas the Alpine countries (Austria, France, Germany, Italy, Liechtenstein, Monaco, Slovenia, and Switzerland) and the EU have signed the Alpine Convention for the sustainable development and protection of the Alps;
Amendment 7 #
2015/2324(INI)
Draft opinion
Recital A b (new)
Recital A b (new)
Ab. whereas in order to give effect to the principles laid down in the Framework Convention and to the initiatives to be implemented at the practical level, a number of protocols have been adopted, setting out specific measures on a range of subjects including transport, tourism, soil conservation, spatial planning, sustainable development, and nature conservation and landscape protection;
Amendment 8 #
2015/2324(INI)
Draft opinion
Recital A b (new)
Recital A b (new)
Ab. whereas the area’s historical and cultural heritage is one of its prime assets;
Amendment 8 #
2015/2324(INI)
Draft opinion
Recital A c (new)
Recital A c (new)
Ac. whereas the Alpine Region for the purposes of EUSALP has a population of roughly 72 million European citizens and encompasses vast lowland areas, but the Alpine Region as defined in the Alpine Convention, which has also been ratified by the EU, has a population of only 6 million, living mainly in mountain areas;
Amendment 12 #
2015/2324(INI)
Draft opinion
Recital A c (new)
Recital A c (new)
Ac. whereas intensive land use has an adverse impact on the environment, and whereas climate change, coupled with population decline in mountain areas, could further undermine the area’s hydrogeological stability;
Amendment 13 #
2015/2324(INI)
Draft opinion
Recital A d (new)
Recital A d (new)
Ad. whereas major infrastructure works which have a major impact on geological stability, underground water resources and biodiversity, such as the Turin-Lyon high-speed rail link and geological storage sites for natural gas, have already been completed or are in progress – some of them with EU funding – in the Alpine region;
Amendment 14 #
2015/2324(INI)
Draft opinion
Recital A e (new)
Recital A e (new)
Ae. whereas a number of research projects have identified significant concentrations of man-made persistent organic pollutants in high-lying snow and water catchment areas;
Amendment 15 #
2015/2324(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Maintains that the Alpine region constitutes a vast reserve of natural and landscape potential, given the exceptional variety of ecosystems to be foundBelieves it important to manage the Alpine region’s natural and landscape heritage sustainably and protect its biodiversity, not least with a view to increasing the supply of high-quality jobs in the area;
Amendment 20 #
2015/2324(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Laments the increase in abandonment of – and scrub encroachment on – farmland, which adversely affects not just the landscape, but also water management, biodiversity and sustainable energy generation; urges the Commission and Member States to ensure that land and forests are managed in an environmentally friendly way that is adapted to local conditions and to encourage such a development so as to preserve cultural assets and biodiversity;
Amendment 23 #
2015/2324(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that in the Alpine region largely man-made urbanised environments coexist alongside areas of sparsely populated mountain country; takes the view that the strategy should focus primarily on the latter because they have immense potential for the region as a wholecomprise cohesive measures that apply throughout the area but take due account of the structural disparities to be found within it;
Amendment 26 #
2015/2324(INI)
Draft opinion
Recital C
Recital C
C. whereas financial resources should mainly be channelled towards, and invested in, the development of local connectivity, in promoting small town centres, facilitating the accessibility of tourist facilities and, ensuring essential health services, and protecting the environment and natural resources, including water resources;
Amendment 29 #
2015/2324(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Believes that climate change poses serious risks from the point of view of hydrogeological instability and biodiversity and that the melting of glaciers ihas a further cause of concern; points to the need, therefore, to promote production models based on the circular economy, with the emphasis on preference for local materials, reuse, and service sharingmajor impact on groundwater reserves; points, accordingly, to the need for a regional climate change adaptation policy;
Amendment 30 #
2015/2324(INI)
Draft opinion
Recital C a (new)
Recital C a (new)
Ca. whereas the Commission action plan is intended to make for more sustainable transport connectivity, both within the EUSALP Alpine Region and with other parts of Europe, by promoting intermodality and interoperability in passenger and freight transport so as to achieve the aims of the TEN-T trans- European transport networks and shift traffic from road to rail;
Amendment 31 #
2015/2324(INI)
Draft opinion
Recital C b (new)
Recital C b (new)
Cb. whereas the EU Strategy for the Alpine Region is seeking to enhance public transport and high-speed Internet connectivity, protect the environment and water in particular, raise the status of bottom-up local and cross-border governance models, and aid SMEs;
Amendment 32 #
2015/2324(INI)
Draft opinion
Recital C c (new)
Recital C c (new)
Cc. whereas the balance to be struck between transport infrastructure and regional conservation has for decades been marked out as the main challenge and a goal for the international community of states and regions belonging to the Alpine Region;
Amendment 33 #
2015/2324(INI)
Draft opinion
Recital C d (new)
Recital C d (new)
Cd. whereas in its communication on the EU Strategy for the Alpine Region points both to the need to reduce the impact of transport across the Alps, so as to preserve the Alpine environmental heritage, and to the importance of implementing a strategy to bring about better environmental conditions for the population;
Amendment 34 #
2015/2324(INI)
Draft opinion
Recital C e (new)
Recital C e (new)
Ce. whereas the new base tunnel on the Turin to Lyon Alpine route, though financed by European funds, does not comply with the requirements of Regulation (EU) No 1315/2013 (TEN-T) or Regulation (EU) No 1316/2013 (CEF), given that there are no bottlenecks involved, and whereas the same route is already served by a newly modernised railway line that will be able to cope with the expected increase in freight and passenger transport demand;
Amendment 34 #
2015/2324(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas in its communication on the EU Strategy for the Alpine Region the Commission points both to the need to reduce the impact of transport across the Alps, so as to preserve the Alpine environmental heritage, and to the importance of implementing a strategy to deliver a healthier and better preserved living environment for local people;
Amendment 40 #
2015/2324(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Urges the Commission to refrain from implementing and/or financing infrastructure projects that might prove harmful to the environment, natural resources, and public health, and points to the need to save the financial resources of the EU and Member States by making optimum use of existing infrastructure;
Amendment 40 #
2015/2324(INI)
Motion for a resolution
Recital F b (new)
Recital F b (new)
Fb. whereas, although EU funding was provided for the project, the new base tunnel on the Turin to Lyon Alpine route does not comply with the requirements of Regulation (EU) No 1315/2013 (TEN-T) and Regulation (EU) No 1316/2013 (CEF), given that there are no bottlenecks involved, and whereas the same route is already served by a newly modernised railway line that will be able to cope with the expected increase in freight and passenger transport demand;
Amendment 46 #
2015/2324(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Considers it a matter of priority to take action to reduce emissions of persistent organic pollutants in the region from both diffuse sources, such as transport, and point sources, such as industrial installations and incinerators;
Amendment 46 #
2015/2324(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on the Commission and the Member States to redefine transport planning and promote, as a matter of priority, a policy to develop transport infrastructure that is sustainable, inclusive and non-invasive for the region, preserving the latter and promoting it in terms of tourism, social cohesion and regional development, bearing in mind that, for planning purposes, priority should be given not to ensuring the shortest or fastest transport routes but to minimising the environmental impact thereof;
Amendment 51 #
2015/2324(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Considers that the new base tunnel on the Turin-Lyon alpine route is detrimental to health, the environment and the region itself, as well as being uneconomic; calls on the Commission and the Member States to bear in mind that the already existing railway line has recently been upgraded and is able to meet anticipated freight and passenger requirements;
Amendment 57 #
2015/2324(INI)
6a. Draws attention to the significant downward trend in the number of people working in farming and forestry in the Alpine region; believes that those industries need to be revitalised, thus making them more attractive to young people, by emphasising the quality of local products and expanding the market for them by anchoring those products by integrating the industries more effectively in the local economy, in particular in the tourism, crafts and SME sectors, in order to raise farm incomes;
Amendment 59 #
2015/2324(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Considers it necessary to tap renewable and alternative energy sourcealls for priority to be given to developing renewable energy sources and to improving energy efficiency in all sectors, in addition to promoting the self- generation of energy and establishment of regional renewable energy distribution grids;
Amendment 64 #
2015/2324(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Member States forming part of the alpine region to cooperate in ensuring that transit fees are as uniform as possible and in line with European standards, especially for those countries that are compelled by their geographic location to cross others;
Amendment 64 #
2015/2324(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Insists on the involvement of Parliament in theEUSALP governing bodies of the EUSALPance and decision-making;
Amendment 72 #
2015/2324(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Points out that climate change is particularly significant for regions such as the Alps, whose morphology and natural habitats are particularly vulnerable; calls on the Commission and Member States accordingly to introduce sustainable transport policies in line with the Paris COP21 targets;
Amendment 74 #
2015/2324(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Calls on the Commission to ensure easy and convenient access to documents both for European citizens and for the institutions, in order to ensure transparency regarding the use of public funds, and stresses that, in cases where access is being sought for reasons relating to health and the environment, this must always take priority over any considerations whatsoever relating to competition or commercial data privacy protection;
Amendment 75 #
2015/2324(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Member States to invest in tourism infrastructure and to facilitate sustainable access via public transport to tourist destinations such as ski resorts., focusing on structures designed for passive energy efficiency coupled with low environmental impact and made using sustainable energy sources and local materials such as stone, as well as natural fibres (wood, hemp, etc.) for heat insulation, and to facilitate sustainable access via public transport to tourist destinations such as ski resorts, encouraging the use of transport powered by alternative energy sources with a view to preserving the environment and cutting pollutant emissions;
Amendment 78 #
2015/2324(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on the Commission to ensure easy and convenient access to documents both for European citizens and for the institutions, in order to ensure transparency regarding the use of public funds, and stresses that, in cases where access is being sought for reasons relating to health and the environment, this must always take priority over any considerations whatsoever relating to competition or commercial data privacy protection;
Amendment 82 #
2015/2324(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the Member States to repair and improve old disused trails for use by tourists, upgrading them and bringing them back into service, so as to prevent them from being abandoned and allowed to fall into disrepair and possibly hydrogeological destabilisation;
Amendment 84 #
2015/2324(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Maintains thatConsiders it important to apply the best environmental practice to protected areas ares a testing-ground for bestmatter of priority, in order to acquire good practices that can be exported to all parts of the Alpine region and beyond;
Amendment 85 #
2015/2324(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Calls on the Member States to promote interconnections and intermodal transport suited to the nature of the region concerned; calls on the to focus in particular on the TEN-T ports, stepping up their operations and their role in providing the alpine region with access to the Mediterranean;
Amendment 87 #
2015/2324(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 88 #
2015/2324(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Considers it necessary to develop land management plans that focus on light infrastructure for new sustainable transport modes, to implement policies for the sharing of goods and services and to promote connectivity in the less developed areas, also to promote the development of teleworking;
Amendment 88 #
2015/2324(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Calls on the Member States and regions to ensure that less accessible areas can be also be reached and emergency assistance provided and that healthcare and first aid units are provided for areas where the transport situation is less favourable, taking into account their distance from major hospitals;
Amendment 91 #
2015/2324(INI)
Draft opinion
Paragraph 5 d (new)
Paragraph 5 d (new)
5d. Calls on the Member States to step up cooperation and collaboration so as to improve exchanges of good practice;
Amendment 92 #
2015/2324(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers that innovation and new technologies, driven by smart specialisation strategies and financed by existing EU funding sources (e.g. the ERDF, the ESF, COSME, Horizon 2020 or Erasmus +), could help generate quality jobs and catalyse the establishment, upscaling and clustering of SMEs, which could, in turn, reverse the depopulation trend in Alpine areas; points, in particular, to the need to put forward examples of best practice in areas such as teleworking, e-commerce and the use of digital marketing channels that can help to diversify the macro-region's economy;
Amendment 93 #
2015/2324(INI)
Draft opinion
Paragraph 5 e (new)
Paragraph 5 e (new)
5e. Calls on the Member States and regional authorities to protect and preserve wildlife parks and reserves in the alpine region, devoting more attention to transport sustainability and imposing draconian and closely monitored air pollution limits;
Amendment 94 #
2015/2324(INI)
Draft opinion
Paragraph 5 f (new)
Paragraph 5 f (new)
5f. Expresses its concern at the possibility of rail and road freight traffic stoppages being imposed by certain countries in a bid to contain the migration problem, which would have serious economic implications for the entire alpine region; calls on the Commission accordingly to monitor the situation with a view to ensuring the free movement of passengers and goods and preventing any possible harm to the transport sector.
Amendment 96 #
2015/2324(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Believes that citizens and local businesses have to be involved in decision- makingStresses the need to ensure that strategic decisions concerning the area are taken only after widespread, proactive and transparent consultation of citizens and local businesses, also by direct online consultations.
Amendment 117 #
2015/2324(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Supports the diversification of tourism supply by such means as tourist theme parks and routes, food and wine tourism and sporting tourism, in order to prolong the tourist season, enhance the competitiveness and sustainability of tourist destinations, and promote new tourist activities that are better adapted to climate change and to the area's cultural and historical specificities;
Amendment 123 #
2015/2324(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Points to the urgent need to bring a halt to the intensification of land use, not least by implementing policies promoting urban renewal and sustainable tourism facilities, such as 'alberghi diffusi';
Amendment 130 #
2015/2324(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Stresses the importance of improving transport and energy connectivity among the participating countries, including local, regional and cross-border transport and intermodal connections with the hinterland, also in order to attract new residents, assessing first and foremost, however, whether existing networks can be renovated and/or expanded;
Amendment 138 #
2015/2324(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Underlines the importance of connecting transport routes with other parts of Europe and the relevance of interconnections with TEN-T corridorneed to make optimum use of existing infrastructure and save the financial resources of the Union and the Member States; calls on the participating countries to focus their efforts on implementing projects that are covered by the current TEN-T networknot harmful to health, the environment and local development;
Amendment 143 #
2015/2324(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Maintains that the financing of new transport infrastructure should be conditional upon the modernisation and full exploitation of existing infrastructure, which is often under-utilised;
Amendment 144 #
2015/2324(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Considers that the new base tunnel on the Turin-Lyon alpine route is particularly detrimental to health, the environment and the region itself, as well as being uneconomic; calls on the Commission and the Member States to bear in mind that the already existing railway line has recently been upgraded and is able to meet anticipated freight and passenger requirements;
Amendment 159 #
2015/2324(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Expresses its concern at the possibility of rail and road freight traffic stoppages being imposed by certain countries in a bid to contain the migration problem, which would have serious economic implications for the entire Alpine region; calls on the Commission accordingly to monitor the situation with a view to ensuring the free movement of passengers and goods and preventing any possible harm to the transport sector;
Amendment 174 #
2015/2324(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Stresses the importance of ensuring that measures are planned and implemented with a view to preventing hydrogeological risk and making the mountain areas of the macro-region safe, especially in those areas subject to frequent mudslides, landslides and flooding because of their specific geomorphology and/or indiscriminate human activity;
Amendment 179 #
2015/2324(INI)
Motion for a resolution
Paragraph 22 b (new)
Paragraph 22 b (new)
22b. Takes the view that, because of its typical features and abundance of natural beauty, its history and landscape, the Alpine region could become a development model based on the concept of respect for the environment, its ecosystem and its cultural heritage, in which to experiment best practices, adopt indices to measure not only economic, but also social progress, and in which common goods, such as water, air, the forests and soil, are protected;
Amendment 180 #
2015/2324(INI)
Motion for a resolution
Paragraph 22 c (new)
Paragraph 22 c (new)
22c. Stresses the need to promote and support small and medium-sized mountain farms which, by using traditional techniques and production methods that exploit natural resources – such as pastures and different types of forage crops – in an integrated and sustainable way, produce products which have special quality characteristics, but which, on average, have higher costs and lower profits than intensive crops or farms;
Amendment 181 #
2015/2324(INI)
Motion for a resolution
Paragraph 22 d (new)
Paragraph 22 d (new)
22d. Points out that the Alps, after the Mediterranean Sea, are the second biodiversity hotspot in Europe and one of the major sources of water for the continent, and must be protected from their current extensive exploitation, from land use and pollution and from the consequences of climate change, by considerably increasing conservation activities;
Amendment 186 #
2015/2324(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Stresses the importance of identifying the sources and types of air pollution that are typical of the Alpine macro-region, such as industrial and diesel engine emissions in the Po Valley in northern Italy and woody biomass combustion, in order to take effective action by means of specific policies to drastically reduce them;
Amendment 189 #
2015/2324(INI)
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23b. Considers it a matter of priority, in addition, to reduce emissions of persistent organic pollutants in the macro-region from both diffuse sources, such as transport, and point sources, such as industrial installations and incinerators, as well as those from the combustion of woody biomass for electricity production;
Amendment 190 #
2015/2324(INI)
Motion for a resolution
Paragraph 23 c (new)
Paragraph 23 c (new)
23c. Stresses the importance of healthy and stable mountain forests for the mountain ecosystem and for the vital protection they provide against avalanches, landslides and flooding;
Amendment 194 #
2015/2324(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Stresses the importance of supporting the development of the most efficient renewable energies in the region, from hydro through solar and wind to the sustainable use of forest woodsuch as hydropower, solar and wind energy;
Amendment 197 #
2015/2324(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Recommends a sustainable use of forest timber which does not entail any reduction of the forest area or increase in atmospheric particulate matter;
Amendment 209 #
2015/2324(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Calls on the participating countries to continue their efforts to diversify energy supply sources and to develop the renewable sources available, such as solar and wind energy, within the energy production mix; underlines the sustainability and competitiveness of hydropower plantsmall (mini, micro and pico) hydropower plants compared to large ones; calls on the participating countries to contribute to the setting-up of well-functionmodernisation of existing electricity infrastructure networks in the macro- region;
Amendment 211 #
2015/2324(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Stresses that diversifying energy supply sources will not only improve the energy security of the macro-region, but will also bring more competition, with important benefits for the economic development of the region; calls for priority to be given, in the specific implementation of the macro-regional strategy, to developing renewable energy sources, promoting the self-generation of energy and improving energy efficiency in all sectors;
Amendment 214 #
2015/2324(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Stresses the importance of energy transport infrastructure being adequate for producing and consuming local energy, along the lines of smart grids;
Amendment 215 #
2015/2324(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
Amendment 217 #
2015/2324(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Urges Member States to actively involve and consult all stakeholders in the decision-making procedures concerning the macro-region, particularly local communities, which must be able to exercise their right to protect their environment and health when these are endangered by economic activities and infrastructure projects that are even only potentially dangerous and polluting;
Amendment 10 #
2015/2323(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Highlights that the ongoing energy transition is resulting in a move away from a centralised, inflexible, fossil fuel-based energy system towards one which is more decentralised, flexible and renewables- basecapillary distributed across the whole territory, dynamic and scalable, future- oriented and renewables-based; this evolution is fully compatible with the conception of energy as a European Common Good;
Amendment 18 #
2015/2323(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Underlines that, in order to steer the energy transition, the system encompassing energy flows, the infrastructure collecting and distributing them, and the modalities for its use and consumption has to be analysed under different complementary perspectives (economic, industrial, technological, geopolitical, environmental, social, etc.); amongst them, an important perspective conceives energy as a European Common Good, which is at the service of citizens, organized as individuals, households, cooperatives or communities, in helping them to cover their collectively agreed short-term needs and to reach their long- term goals and priorities;
Amendment 72 #
2015/2323(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Believes that, as a general principle, the energy transition should result in a more decentralised and democratic energy system which benefits society as a whole, increases the active involvement of citizens, households and local communities, and empowers them to own or share in the ownership of the production, distribution and storage of energy, while at the same time protecting the most vulnerable, that is to say that energy transition itself includes the conception of energy as a European Common Good, fully compatible with other perspectives;
Amendment 315 #
2015/2323(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Commission to step up its support for the Covenant of Mayors and/or for cooperatives, NGOs, and other civil society organizations which are locally active, so as to expand and further develop itheir role as a tool to promote self- generation and energy efficiency measures, fight energy poverty, expand awareness of energy as an European common good, facilitate the exchange of best practices between all local authorities and organisations, regions and Member States, and ensure that all local authorities and organisations are aware of the financial support available to them;
Amendment 2 #
2015/2320(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Calls on Member States to focus on facilitating an adequate EU funding mix for SMEs – grants, loans, guarantees, equity, microfinance – in view of the ever- increasing role of financial instruments and synergies between instruments funded by the EU budget through the ERDF and through direct management programmes such as Horizon 2020, the PSCI, COSME and LIFE; suggests a more cautious approach towards financial instruments, which should be used consistently with the goals of economic, social and territorial cohesion; considers, moreover, that better information and empirical evidence of the usefulness of financial instruments in cohesion policy should be provided;
Amendment 12 #
2015/2320(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Urges the Commission and the Member States to focus efforts on regions with low take-up of financial instruments, including scale-up financing for the transition from start-ups to SMEs, in view of the important role of financial products in operational programmes, the EFSI and the EIB Group operationprovided that there is a suitable training and support to the Local and Regional Authorities;
Amendment 26 #
2015/2320(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Urges both the Member States and the Commission to make significant progress in further simplification of EU funding by 2017 with regard to application, management and monitoring/control of projects by introducing an EU-wide public procurement procedure, complete e- cohesion, a single audit based on risk, the reduction of data and information requirements and the elimination of gold- plating through extensive regulatory optimisation; stresses, however, the need to ensure a proper balance between simplification on the one hand, and the detection and prevention of irregularities, including fraud, on the other;
Amendment 30 #
2015/2320(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. stresses that microcredit, which mostly aims microentrepreneurs and disadvantaged people who wish to enter into self-employment, is pivotal in overcoming obstacles in accessing traditional bank services;
Amendment 57 #
2015/2320(INI)
Draft opinion
Paragraph 8
Paragraph 8
Amendment 4 #
2015/2287(INI)
Motion for a resolution
Citation 9 a (new)
Citation 9 a (new)
– whereas full transparency underpins citizens' trust in EU institutions, contributes to developing an understanding of the rights deriving from the legal system of the Union and awareness and knowledge of the EU decision-making process, including the correct implementation of administrative and legislative procedures,
Amendment 7 #
2015/2287(INI)
Motion for a resolution
Citation 9 b (new)
Citation 9 b (new)
– whereas the right of access to documents is a fundamental right, protected by the Charter of Fundamental Rights and the Treaties and implemented by Regulation 1049/2001, with the aim, in particular, of ensuring that this right can be exercised as easily as possible and of promoting good administrative practices regarding access to documents by ensuring democratic scrutiny of the activities of the institutions and ensuring that they comply with the rules enshrined in the Treaties,
Amendment 10 #
2015/2287(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Points out that the actions of the institutions and EU policies have to be based on participatory democracy, thus ensuring compliance with the principles of full transparency, sharing, and informing citizens accurately and in good time and where possible on direct democracy, ensuring that decisions are taken as openly and as close to the citizens as possible, and thus in compliance with the principles of full transparency, sharing, and informing citizens accurately and in good time; when citizens’ participation in the decision-making process takes the form of public consultations, the institutions must take account of the outcome of those consultations;
Amendment 14 #
2015/2287(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Points out that it is the duty of the institutions to carry on a continuing open, transparent dialogue with citizens, associations representing them and civil society, so as to enable citizens themselves to bring scrutiny directly to bearand effectively to bear on the legitimacy and effectiveness of governance, on measures taken and on the different stages of decision-taking –, and to allowing them to become more activeclosely and directly involved in the decision- making process – and on the legitimacy and effectiveness of governance and measures taken;
Amendment 16 #
2015/2287(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Points out that transparency and full access to documents held by the institutions have to be the rule, in accordance with Regulation (EC) No 1049/2001, and that, as has already been laid down by the precedents consistently set by the EU Court of Justice, exceptions to that rule have to be properly interpreted, taking into account that there is ane overriding public interest in disclosure and in the requirements of democracy, the closer involvement of citizens in the decision- making process, the legitimacy of governance, efficiency and accountability to citizens;
Amendment 19 #
2015/2287(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes that in order to bring about a legitimate, accountable democratic political system complying with the rule of law, citizens must have the right to know about, and scrutinise,: – the actions of their representatives, once the latter have been elected or appointed to a public office; – the decision-making process, (including any documents circulated, individuals involved, votes cast, etc.); – the way in which public money is apportioned and spent, and the ensuing outcomes;
Amendment 25 #
2015/2287(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Deplores the fact that it is still difficult for citizens to gain access to information held by EU institutions, the reason being that there is no effective citizen-oriented interinstitutional policy geared to facilitating access to documents for citizens and based on complete and genuine transparency, communication, and direct democracy; urges the institutions to take a proactive attitude by disclosing as many of their documents as possible in as simple and accessible a way as possible for the public, having documents translated into all of the EU official languages, and establishing proper, simple and inexpensive information access arrangements, including digitally and electronically, allowing for the needs of people with disabilities;
Amendment 33 #
2015/2287(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Urges all the institutions, pending its desired revision, to apply Regulation (EC) No 1049/2001 in the proper manner; calls in particular on the Council, in particularcluding its preparatory bodies, to revise its rules, with a view to ensuring that all discussions, documents, and information are made public, and to produce transcripts of its public meetings; calls for Parliament to publish transcripts of, as well as the papers for and information on, meetings of its working groups, including coordinators’ meetings; calls also for meetings of the so-called Eurogroup to be placed on a formal footing so that transcripts of, as well as the papers for and all other information on, those meetings may be published in keeping with the public interest in transparency, which must take precedence over any exceptions intended to safeguard the decision-making process;
Amendment 41 #
2015/2287(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Points out that, as a result of the entry into force of the TEU and the TFEU, the right of access to documents covers all EU institutions, bodies, and agencies; believes, therefore, that the substance of Regulation (EC) No 1049/2001 should be updated as a matter of urgency and its substance amended in the light of the Treaty provisions and the relevant case law of the EU Court of Justice and the European Court of Human Rights; believes, in particular, that it is essential to broaden the regulation's scope to include all the European institutions it currently does not cover, such as the European Council, the European Central Bank, the Court of Justice and all the EU bodies and agencies;
Amendment 43 #
2015/2287(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that the Treaty of Lisbon has done away with the reference to safeguarding the efficiency of legislative decision- taking; believes therefore that this exception, which still appears in Article 4 of Regulation (EC) No 1049/2001, is no longer admissible as it is incompatible with the new constitutional setup;
Amendment 54 #
2015/2287(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Welcomes the Ombudsman’s inquiry into the transparency of the legislative process, with a particular focus on ‘trilogues’, the established practice by which most EU legislation is adopted; urges the Ombudsman to make full use of her powers of investigation under the Treaties, with a view to enhancing the transparency of legislative and non- legislative work within the EU;
Amendment 58 #
2015/2287(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Points out that the use of trilogues is not consistent with the legislative procedure laid down in the Treaty and that conciliation committees may be used only at third reading as a last resort, in cases where Parliament and the Council are unable to reach agreement on a Commission legislative proposal;
Amendment 67 #
2015/2287(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the institutions involved to amend their own rules of procedure so as to ensure in future that negotiations will be transparent and, to that end, to allow meetings to be held in public and webstreamed and to arrange for agendas, minutes, and the main issues discussed to be published;
Amendment 74 #
2015/2287(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Welcomes the Commission’s intention of proposing an interinstitutional agreement establishing a mandatory interinstitutional register of interest group representatives operating within the institutions and calls for that matter to be given the highest priority; calls for that register to contain detailed information showing who is lobbying on behalf of whom, for what purpose and with what resources and funding; stresses that the register system should apply across the board and that the register should therefore be established and governed by a specific regulation, as an interinstitutional agreement is not the right legal instrument to use for this purpose;
Amendment 77 #
2015/2287(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Also calls on Parliament and the Council to follow the Commission practice, as established by the decision of 25 November 2014, by publishing information about contacts between lobbyists and Members of Parliament, their office staff, and their advisers, and between lobbyists and Member State representatives working at the Council; believes also that uniform, effective penalties should be laid down in order to deal with any abuses;
Amendment 80 #
2015/2287(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Calls on all the institutions to publish information about the contacts of interest group representatives with their officials, including those of non-managerial level;
Amendment 82 #
2015/2287(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Points out that, in accordance with Regulation (EC) No 1049/2001 and in order to guarantee full democratic and transparent parliamentary control, access should likewise be granted to documents produced when powers are delegated (delegated acts), since these make up a substantial portion of European legislation, for which reason adequate and transparent parliamentary and democratic control ought to be fully guaranteed; in this context, particularly deplores the lack of transparency of the European supervisory authorities (EBA, EIOPA, ESMA) because of the lack of involvement of the co-legislators; considers it disappointing that no single register of delegated actsall second-level legislation has yet been established and calls on the Commission to set one up without delay;
Amendment 85 #
2015/2287(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Notes that international agreements have binding force and an impact on EU legislation and points to the need for negotiations to be transparent throughout the entire process, implying that the institutions should be obliged to publish the negotiating brief conferred on the Commission simultaneously with its approval and before the negotiations begin; considers it regrettable that negotiations are secret and citizens have no access to information, but only to documents communicated to the press, thus giving rise to speculation and misconceptions about the negotiations; maintains that the public should be given access to all of the parties’ relevant negotiating documents, including documents on which the parties have already reached agreement, with the exception of those which are to be classified, with a clear justification on a case-by-case basis, in keeping with Regulation (EC) No 1049/2001;
Amendment 88 #
2015/2287(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Points out to the Commission that it is required under Article 207 TFEU to inform Parliament fully and immediately at every stage while negotiations are taking place, and calls on the Council to consult Parliament before drafting the negotiating brief;
Amendment 91 #
2015/2287(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Calls for all documents relating to non-legislative procedures, such as binding measures, measures relating to internal organisation, administrative or budget documents or documents of a political nature (such as conclusions, recommendations or resolutions), to be rendered readily, and if possible directly, accessible in accordance with the principle of proper administration;
Amendment 94 #
2015/2287(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Deplores the lack of transparency regarding infringement procedurletters of formal notice and infringement procedures against Member States; calls in particular for documents sent by the Commission to Member States in connection with such procedures, and the related replies, to be made accessible to the public; calls furthermore for information on the execution of judgments of the Court of Justice of the European Union to be published proactively;
Amendment 96 #
2015/2287(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Believes that full data transparency and accessibility are essential to prevent and combat any abuse and fraud; in this context, calls on the Commission to make it compulsory to publish particulars of all recipients of money from the Structural Funds, including subcontractors;
Amendment 99 #
2015/2287(INI)
Motion for a resolution
Paragraph 25 – subparagraph 1 (new)
Paragraph 25 – subparagraph 1 (new)
EU institutions and financial bodies
Amendment 100 #
2015/2287(INI)
Motion for a resolution
Paragraph 25 – point 1 (new)
Paragraph 25 – point 1 (new)
(1) Notes that in a change to its policy on transparency the ECB now publishes the minutes of meetings of the ECB Governing Council, but regrets that the ECB is still lagging far behind the world’s other central banks in this regard; awaits the implementation of further major measures to improve the transparency of its communication channels;
Amendment 101 #
2015/2287(INI)
Motion for a resolution
Paragraph 25 – point 2 (new)
Paragraph 25 – point 2 (new)
(2) Believes that considerable progress can still be made through publication of the minutes of Single Supervisory Mechanism (SSM) meetings; hopes furthermore that in the future all documents concerning decisions taken in the Asset Quality Review process will be made public to guarantee a level playing field across the EU; hopes too that transparency requirements will also be applied to the Single Resolution Mechanism (SRM) due to start on 1 January 2016;
Amendment 102 #
2015/2287(INI)
Motion for a resolution
Paragraph 25 – point 3 (new)
Paragraph 25 – point 3 (new)
(3) Is disappointed with the transparency policy applied by the European Investment Bank (EIB) and the European Bank for Reconstruction and Development (EBRD); recalls that the ECB’s new transparency policy allows it to establish confidentiality procedures in order to keep secret internal investigations into irregularities such as corruption, infiltration by organised criminal groups or maladministration; calls for a prompt review of their transparency policies and asks in particular that the EIB make public information on its beneficiaries and on the subcontractors who benefit from its funding;
Amendment 103 #
2015/2287(INI)
Motion for a resolution
Paragraph 25 – point 4 (new)
Paragraph 25 – point 4 (new)
(4) Is critical of the lack of transparency within some institutions that have taken crucial economic decisions affecting EU citizens, such as the Eurogroup and the Ecofin Council configuration; emphasises the urgency of making these meetings public and transparent, and calls for the relevant institutions to release the documents concerned; is critical of the mismanagement of the ‘Greek crisis’ and calls attention to the fact that the Troika operated outside the limits laid down in the Treaties; is critical too of the failure to publish documentation on decisions relating to the European Stability Mechanism (ESM); asks that the Troika’s modus operandi be assessed to clarify the responsibilities attributable to the institutions involved and ensure democratic legitimacy in the adoption and implementation of the rescue programmes;
Amendment 106 #
2015/2287(INI)
Motion for a resolution
Paragraph 26 – subparagraph 1 (new)
Paragraph 26 – subparagraph 1 (new)
Selection of staff for the EU institutions, agencies and other bodies
Amendment 107 #
2015/2287(INI)
Motion for a resolution
Paragraph 26 – point 1 (new)
Paragraph 26 – point 1 (new)
(1) Regrets that the procedures for selecting EU institution staff are not fully transparent and calls in particular for the Staff Regulations to be revised, particularly with reference to ‘Annex III - Competitions’;
Amendment 108 #
2015/2287(INI)
Motion for a resolution
Paragraph 26 – point 2 (new)
Paragraph 26 – point 2 (new)
(2) Considers that competitions for entry to the European civil service ought to be entirely based on criteria of openness and transparency in order to combat corruption and conflicts of interest;
Amendment 109 #
2015/2287(INI)
Motion for a resolution
Paragraph 26 – point 3 (new)
Paragraph 26 – point 3 (new)
(3) Considers it essential that the EU agencies apply a common policy on conflicts of interest; notes that in some cases the policy applied to date includes provisions concerning publication of the CVs and declarations of interests of the Director and of senior management; observes with concern however that the obligation to publish CVs and declarations of interest does not apply to experts; calls on the agencies to extend this obligation to experts;
Amendment 110 #
2015/2287(INI)
Motion for a resolution
Paragraph 26 – point 4 (new)
Paragraph 26 – point 4 (new)
(4) Is disappointed by the lack of transparency in the appointment of EFSI managers; calls for transparency in appointment procedures and for information on CVs and declarations of interests to be made public;
Amendment 2 #
2015/2285(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Acknowledges the new approach for a more streamlined European Semester organised in two successive phases, including publishing the recommendations for the entire euro area early on, together with this annual growth survey (AGS), preceding the country-specific recommendations (CSRs), thus giving Member States the opportunity to take the euro area recommendations into account in national policymaking;
Amendment 21 #
2015/2285(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Underlines that the new European Fund for Strategic Investments (EFSI), as part of the Investment Plan for Europe, should be complementary tonot undermine the rationale for local and regional investment strategies and the European Structural and Investment (ESI Funds), and that Member States should closely involve theall the relevant stakeholders, including civil society organisations, local and regional authorities in promoting project pipelines and investment platforms; calls for further steps to be taken to ensure complementarity and synergies between the ESI Funds, the EFSI and other EU-subsidised programmes and initiatives, together with national public investments and private financial instruments, in order to obtain maximum added value and synergy by exploiting the full potential of such investments;
Amendment 27 #
2015/2285(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. NotesExpresses its concern regarding the closer links between the objectives of the European Semester process and the programming of the ESI Funds for 2014- 2020, reflected in the Partnership Agreements, especially concerning improvements to the labour market, the reform of education systems, the functioning of public administration, improvements to the business and research and innovation environment, and social inclusion; considers that cohesion policy investments could play a very important role in supporting structural reforms and the fulfilment of the EU’s strategic goals by following up the relevant CSRs together with; considers that cohesion policy investments could play a very important role in supporting structural reforms but reiterates that the macroconditionality principle enshrined in the article 23 of the Common Provision Regulation is liable to jeopardise the achievement of the effobjective implementation of the Partnership Agreementsof economic, social and territorial cohesion;
Amendment 37 #
2015/2285(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Welcomes the fact that the Commission has underlined that ESI Funds can play a vital role in supporting reform implementation and injecting investment directly into the real economy, if targeted wisely and effectively implemented; acknowledges that there is an urgent need to focus on improving the investment environment and points out that both CSRs and ex ante conditionalities within cohesion policy 2014-2020 have a key role to play in this context, as they have important positive spillover effects on the broader investment environment, for instance by enhancing access to credit for Micro, Small and Medium Enterprises; urges the Commission and the Member States to ensure that EU funding is used to its full potential and in the most effective and efficient way;
Amendment 8 #
2015/2284(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on the Commission, in future proposals, to give more clear-cut indications regarding the sectors in which workers are likely to find employment and the question whether the training offering is suited to the economic outlook and labour market needs in the regions affected by redundancies;
Amendment 11 #
2015/2284(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Points to the importance of drawing up a coordinated package of personalised services for workers, in consultation with the social partners and regional authorities;
Amendment 20 #
2015/2284(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Commission to ensure that the public have access to all documents related to EGF cases so as to bring greater transparency to the decision-taking and funding process as a whole;
Amendment 32 #
2015/2284(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Notes that the average rate of self- employment in all cases of support by the EGF is 5% of the overall re-employment rate; recalls in this regard the need to use, and to programme, support from the ESI Funds in such a way as to enhance the positive perception and the potential of self-employment, entrepreneurship and business creation.
Amendment 39 #
2015/2284(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Welcomes the measures to promote entrepreneurship, in the form of start-up grants, entrepreneurship incentives, and services for new entrepreneurs; considers that such measures will be more useful if they are provided in combination to participants.
Amendment 18 #
2015/2282(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the 23 million small and medium-sized enterprises (SMEs) in the EU, which account for around 99% of all businesses, make a fundamental contribution to economic growth, social cohesion and job creation, providing over 100 million jobs which generate 2 out of every 3 private sector jobs; and maintaining double the employment growth rate of larger enterprises;
Amendment 23 #
2015/2282(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas microcredit, which mostly aims microentrepreneurs and disadvantaged people who wish to enter into self-employment, is pivotal in overcoming obstacles in accessing traditional bank services and whereas JASMINE (Joint Action to Support Microfinance Institutions) and the Microfinance and Social Entrepreneurship axis of EaSI can provide a valid support for improving access to finance, including for social enterprises;
Amendment 27 #
2015/2282(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas Cohesion Policy in 2014- 2020 will further support SMEs by doubling the 2007/2013 support to achieve 140 billion euros;
Amendment 35 #
2015/2282(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas the Partnership Agreements and Operational Programmes are strategic tools to guide investments in Member States and regions, provided for in Articles 14, 16 and 29 of the Common Provision Regulation;
Amendment 37 #
2015/2282(INI)
Motion for a resolution
Recital G b (new)
Recital G b (new)
Gb. whereas SMEs ensure that industrial production represents a share of at least 20% of Member States' GDP by 2020;
Amendment 38 #
2015/2282(INI)
Motion for a resolution
Recital G c (new)
Recital G c (new)
Gc. whereas only a small percentage of European SMEs are now able to identify and exploit the opportunities offered by international trade, trade agreements and the global value chains, and that only 13% of European SMEs has been active at the international level outside the EU over the past three years;
Amendment 39 #
2015/2282(INI)
Motion for a resolution
Recital G d (new)
Recital G d (new)
Gd. whereas the process of internationalisation of SMEs should rely on corporate social responsibility, on the respect of human and workers' rights, and on the highest protection of the environment, in order to ensure a fair competition and an increase of the quality jobs;
Amendment 63 #
2015/2282(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Encourages the Member States and regional authorities to make fullproper use of the financial instrument opportunitiess and of SME Initiative Programme aimed at financially supporting SMEs; highlights that financial instruments should be used always taking into account the goals of cohesion policy; emphasises the need to ensure the transparency, accountability and scrutiny of such financial instruments; calls for simplified access to credit, taking into account the particular characteristics of micro-enterprises;
Amendment 72 #
2015/2282(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes that in the past programming period 2007-2013 several obstacles, as the effects of economic crisis, the complex management of structural funds and administrative burdens, caused an insufficient absorption of such funds by SMEs; Is concerned about theis low absorption of funds devoted to SMEs in certain Member States in the 2007-2013 programming period, and warns that the underlying reasons need to be addressed in order to avoid any recurrence of the same problems in the 2014-2020 programming period;
Amendment 81 #
2015/2282(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the fact that the Commission is paying increased attention to good governance and high-quality public services; recalls the importance for SMEs to have a transparent, consistent and innovative public procurement set-up; stresses the need to continue with the strict application ofapply in a strict way anti-error and anti-fraud measures without adding to the administrative burden and simplifying administrative procedures to prevent errors;
Amendment 90 #
2015/2282(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Reiterates its calls to enhance transparency and the participation of all relevant regional and local authorities, civil society stakeholders and interested parties; reiterates, therefore, the need for implementation of the partnership principle as detailed in the Common Provisions Regulation and the Code of Conduct on Partnership, in particular regarding the appropriate involvement of beneficiaries; underlines that a proper application of partnership principle leads to a better use and stronger efficacy of cohesion policy, making SMEs instruments more effective and compliant with the needs of SMEs;
Amendment 92 #
2015/2282(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses in this regard that local, regional and national authorities have primary administrative responsibility for the management of the projects and that poor administrative capacity may hinder the successful and timely implementation of TO3;
Amendment 99 #
2015/2282(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Highlights the role that ITI, CLLD, macro-regional strategies and European territorial cooperation in general could play in the successful implementation of TO3 objectives, given that some projects may involve cross-border areas, including several regions and countries, and are able to develop place-based innovative practices;
Amendment 101 #
2015/2282(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes that according to the first evaluation released by the Commission the amounts allocated to support for SMEs have increased substantially as compared with the previous programming periods; highlights that ESI Funds, and notably Operational Programmes aimed at supporting research and development, could help SMEs in increasing their capacity of patent application to the European Patent Office, by providing viable and user-friendly financing schemes;
Amendment 120 #
2015/2282(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Stresses that, especially in microcredit schemes, adequate training and business support is fundamental both for the beneficiaries and the success of business ventures;
Amendment 131 #
2015/2282(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Asks the High Level Group on Simplification to draw attention to the need for SMEs to reduce the administrative burden andidentify the main obstacles for SMEs to fully use available funds, and to express recommendations on reduction of administrative burdens for SMEs and on more effective ways to simplify procedures in the management of ESI Funds;
Amendment 134 #
2015/2282(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Asks the Commission to encourage the Member States to exchange data, knowledge and best practices in this respect, ensuring appropriate reporting, and motivating them to support projects with high job creation potential;
Amendment 141 #
2015/2282(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses that smart specialisation strategies, although not formally required as ex ante conditionalities in TO 3, are a crucial tool in guaranteeing innovation and the adaptability of Thematic Objectives; asks the Commission to report to Parliament on the results of smart specialisation strategies devoted to SMEs at national and/or regional level highlighting the coherence of smart specialisation strategies adopted by every single region with the related territorial economy;
Amendment 169 #
2015/2282(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Calls on the Commission to pursue equality between men and women in terms of access to ERDF funding; calls on the Commission and the Member States to encourage MFIs to implement specific strategies to address women and support female entrepreneurship, including through cooperation with relevant associations and organisations in the field;
Amendment 170 #
2015/2282(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Calls on the Commission to multiply the initiatives and funding available for granting more resources to innovative start-ups run by young people, in order to support youth entrepreneurship and high technological, scientific and social innovation in a time of economic crisis and difficulty in obtaining access to credit;
Amendment 171 #
2015/2282(INI)
Motion for a resolution
Paragraph 19 c (new)
Paragraph 19 c (new)
19c. Calls on the Commission to explore new ways and to make greater use of ESI funds to help SMEs to seize the opportunities offered, and to address the challenges posed, by international trade (and trade agreements) and to support them in addressing adjustment costs and the negative impacts of increased international competition.
Amendment 53 #
2015/2280(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes with concernDeplores the late adoption of ETC programmes, and urges the Commission and the Member States to mobilise their efforts for their successful implementation, in order to avoid the critical issues already highlighted in the 2007-2013 programming period;
Amendment 94 #
2015/2280(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Urges that synergies between Horizon 2020, the European Fund for Strategic Investments (EFSI) and the European Structural and Investment (ESI) Funds should aim at maximising the quantity, quality and impact of research and innovation investments;
Amendment 104 #
2015/2280(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Stresses that financial instruments need to be an integral part of ETC programmes throughmay complementing grants with a view to supporting SMEs, research and innovation; suggests, in this regard, that better information and empirical evidence of the usefulness of financial instruments in cohesion policy should be provided;
Amendment 116 #
2015/2280(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Considers that ETC programmes mayshall, in complementarity with other appropriate funding, support responses to migration- related challenges within the framework of their existing intervention logic; emphasizes that ETC should deal with territorial and urban aspects of migration and refugee inflow and that it should foster effective integration policies;
Amendment 125 #
2015/2280(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Encourages broadera cautious use of financial instruments (FIs) as flexible mechanisms to be used alongside grants; urges, therefore, the involvement of financial institutions, and in particular the EIB, so as to provide specific expertise and know-how;
Amendment 128 #
2015/2280(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Underlines that during the programming period 2007-2013 the possible complementarities between the ETC programmes and other EU-funded programmes were not sufficiently assessed; calls for the setting-up of appropriate coordination mechanisms to ensure effective coordination, complementarity and synergy between the ESI Funds and other Community and national funding instruments, as well as with the EFSI and EIB;
Amendment 138 #
2015/2280(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Is convinced that the multi-level governance principle and the actual implementation of the code of conduct are particularly significant for the development of ETC programmes;
Amendment 145 #
2015/2280(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Stresses that arrangements for involving private stakeholders must be broadened and simplifiedsimplified, always taking into account the need of transparency and accountability; recommends that the establishment of public-private partnerships, and could offer a number of potential benefits but entails a risk of conflict of interests that should be adequately addressed both by hard-law and soft-law tools; suggests, in this regard, that the issues of access to services, cost to citizens, fairness and equity, financial accountability, stability and quality of services provided, along with a more active involvement of SMEs, should be properly considered in the setting-up, and in the implementation, of the PPPs; calls on the Commission to provide timely, consistent and clear guidance on the application of financial instruments in ETC programmes;
Amendment 154 #
2015/2280(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
38. Considers that the basic cooperation philosophy and current structure of ETC should be maintained, as well as the emphasis on the cross-border component; stresses that there should be a fair distribution of funds under ETC programmes, on the basis not only of population size but also of a set of harmonised criteria, considering territorial specificities; recommends suitable funding opportunities for the programmes involving regions that are facing, and will probably face also in the next future, relevant challenges like the ongoing migration crisis and refugees inflow;
Amendment 168 #
2015/2280(INI)
Motion for a resolution
Paragraph 40
Paragraph 40
40. Calls on the Commission to strengthen and further developconsider cautiously the role of financial instruments to complement grants, working more closely with the EIB in the support of SMEs, and mobilizing EC and EIB's financial and technical expertise to act as a catalyst for investments;
Amendment 2 #
2015/2279(INI)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
- having regard to its resolution of 28 April 2015 on ‘A new EU Forest Strategy: for forests and the forest-based sector’,
Amendment 56 #
2015/2279(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Considers that the European Agricultural Fund for Rural Development (EAFRD) should form an integral part of the smart specialisation strategies of regions with mountain areas; calls therefore on the Commission, Member States and the regions to strengthen synergies between different funds and measures for mountain areas in preparing, examining and adopting operational programmes; calls also for greater use to be made of EU initiatives such as Interreg and LAG to foster the development of economic diversification projects and coordinated marketing strategies that take proper account of regional resources, local networks and cooperative working methods;
Amendment 86 #
2015/2279(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Considers that sustainable forestry can offer jobs and economic development for mountainous regions; calls for the support of SMEs involved in the wood sector and that forest resources should therefore be guaranteed over time, by exploiting them sustainably; points out that forests are of vital importance for the ecosystem and that in the mountains they play an important role of preventing avalanches, landslides and flooding; calls for the support of SMEs, in particular those established in mountain areas, which are involved in the wood sector and fully respect the principle of environmental sustainability;
Amendment 109 #
2015/2279(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Stresses the need to promote and support small and medium-sized mountain farms which, by using traditional techniques and production methods that exploit natural resources – such as pastures and different types of forage crops – in an integrated and sustainable manner, produce products with specific quality characteristics but which, on average, have higher costs and lower profitability than intensive crops or livestock farms;
Amendment 126 #
2015/2279(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Stresses the importance of the Youth Employment Initiative and of a more effective implementation of the Youth Guarantee as a good opportunity to stop the outflow of young people from mountainous regions in response to the demographic crisis and the problem of an ageing population; calls for youth employment initiatives specifically oriented to meet the needs of underdeveloped mountainous regions;
Amendment 148 #
2015/2279(INI)
Motion for a resolution
Paragraph 34 a (new)
Paragraph 34 a (new)
34a. Reiterates the importance of ensuring that measures to prevent hydrogeological risks and make mountain areas safe are programmed and implemented, especially in those regions that are often subject to subsidence, landslides and flooding because of their specific geomorphology and/or indiscriminate human activity;
Amendment 157 #
2015/2279(INI)
Motion for a resolution
Paragraph 38 a (new)
Paragraph 38 a (new)
38a. Calls for examples of good practices to be proposed, which can contribute to the economic diversification of mountain regions, such as telework, e-commerce and the use of digital marketing channels;
Amendment 37 #
2015/2278(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on all actors involved to develop RIS3 on the basis of analyses of each region’s relative strengths and potential, to focus on productive specialisation to detect emerging niches for smart specialisation, and to enhance a stronger partnership between the public and private sectors ; stresses however that the cooperative relationship between public actors (governments, agencies and international organisations, or a combination thereof) and private actors, could offer a number of potential benefits but entails a risk of conflict of interests that should be adequately addressed both by hard-law and soft-law tools;
Amendment 59 #
2015/2278(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Regrets that some Member States have decided to opt for national RIS3 without giving local and regional authorities a chance to develop their own views, thus undermining the bottom-up entrepreneurial discovery process that should be enshrined in RIS3;
Amendment 85 #
2015/2278(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Recalls that smart specialisation strategies should also be a powerful instrument to tackle social, environmental, climate and energy challenges, to promote knowledge spill over and technological diversification;
Amendment 92 #
2015/2278(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Underlines that the integrated use of ESI Funds with Horizon 2020 and the European Fund for Strategic Investments (EFSI) provides excellent options to boost innovation at regional, national and EU level; takes note of the guidelines on the European Structural and Investment Funds and European Fund for Strategic Investment complementarities, issued by the European Commission in February 2016;
Amendment 15 #
2015/2258(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Expresses its deep concern in relation to the effect the austerity measures in the EU have been producing on the lives of persons with disabilities; calls thus on Member States to refrain from cuts on disability related benefits, community based services, health services, training and education programmes that will undermine the UN CRPD and will increase even more levels of poverty and social exclusion;
Amendment 18 #
2015/2258(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Encourages the Member States as well as regional and local authorities to increase their efforts in the area of prevention of discrimination and exclusion of persons with disabilities, including equal access to health care, and with a view to developing high-quality social services for people with disabilities;
Amendment 26 #
2015/2258(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on those Member States that have not ratified the UNCRPD to do so as soon as possible;
Amendment 35 #
2015/2258(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Commission and the Member States to involve as much as possible national, regional and local organisations of persons with disabilities both in the programming and in the monitoring of Operational Programmes;
Amendment 37 #
2015/2258(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Recalls that, according to the article 7 of the Regulation n.1304/2013, financial support for organisations of persons with disabilities should be included in the programming of national and regional Operational Programmes;
Amendment 50 #
2015/2258(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls on all actors involved, including EU institutions, to pay particular attention to the integration of persons with intellectual and psychosocial disabilities. and to adopt comprehensive recruitment policies;
Amendment 8 #
2015/2255(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas social dumping has a greater impact in social and cultural environments in which there is little knowledge of workers’ rights and in which women have greater difficulty in entering the labour market;
Amendment 13 #
2015/2255(INI)
Draft opinion
Recital A b (new)
Recital A b (new)
Ab. whereas so many migrant women and girls arriving in Europe are forced to accept inadequate working conditions in economic and social conditions that vary from country to country and are often inappropriate for the work done;
Amendment 22 #
2015/2255(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on the Member States to adopt specific measures with the aim of professionalising and qualifying, in a harmonised manner, work such as housekeeping, which today is often done illegally, also because of a cultural heritage that hinders change;
Amendment 26 #
2015/2255(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Expresses concern about the impact that bilateral and multilateral agreements, such as TTIP and TiSA, might have on social standards in the labour market in Europe, particularly for women, and calls for specific safeguards to be provided in this regard against all forms of social dumping;
Amendment 35 #
2015/2255(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Commission and the Member States always to take into consideration, in their laws, the social impact of the harmonisation of existing rules and the implementation of new provisions, in order to eliminate all forms of social dumping, with specific reference to aspects relating to women;
Amendment 36 #
2015/2255(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Calls on the Commission to carry out ex ante assessments of the impact that structural reforms have in Europe on social and labour conditions, with clear reference to aspects relating to women;
Amendment 37 #
2015/2255(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Calls on the Commission and the Member States to make provision for equal minimum salaries throughout Europe, for various types of work, in order to prevent social dumping;
Amendment 19 #
2015/2233(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls for legal disputes affecting compliance with this agreement to be referred to the public courts at the place of the defendant's registered office, and for proceedings to be conducted in the defendant's language and governed by the laws in force in the defendant's country; underlines that the right of appeal must be safeguarded;
Amendment 26 #
2015/2233(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Considers that the drafts proposals from the Commission, such as the horizontal reservation for a wide range of public services, the exclusion of sensitive sectors from EU liberalisation commitments, and also member states' right to regulate how services have to be supplied, are not able to adequately protect public services, since in some member states, many social, health and education services which are of general interest are privately funded or supported by a hybrid of public and private funding';
Amendment 27 #
2015/2233(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Regrets that the terminology concerning public services used in the different trade agreements currently being negotiated by the EU (CETA, TTIP and TiSA) is not consistent;
Amendment 30 #
2015/2233(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Believes that the Commission should monitor and, three years after the entry into force of TiSA, evaluate the impact of the agreement on gender equality between men and women and on respect for fundamental human rights;
Amendment 32 #
2015/2233(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Believes in any case that all Member States signatory to TiSA should commit themselves to ensuring respect for gender equality between men and women and respect for fundamental rights, with regards to the liberalisation and opening- up of national and local markets as well;
Amendment 34 #
2015/2233(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Regrets that women are poorly represented within the European trade sector and in third country relations, and that scant attention is paid to ensuring that men and women have equal opportunities to access services;
Amendment 35 #
2015/2233(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls for the introduction of an unequivocal 'gold standard' clause, which could be included in all trade agreements and would clarify that the public utilities clause applies to all modes of supply and to any services considered as public services by European, national or regional authorities;
Amendment 35 #
2015/2233(INI)
Draft opinion
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Regrets that the terminology used within the various trade agreements currently being negotiated by the EU (CETA, TTIP and TiSA) is not consistent;
Amendment 39 #
2015/2233(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls for TiSA to include a specific section on protecting the rights of women and promoting their greater and more successful participation in trade and service activities, with the inclusion of a list of gender-specific indicators;
Amendment 41 #
2015/2233(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Opposes any encroachment on the discretionary power of LRAs with regard to services, as laid down in Article 14 of the TFEU and Protocol N°26 of the TFEU, especially through provisions on domestic regulation, standstill and ratchet clauses, as well as provisions on public procurement, in order to protect the right to create new public services in the future; calls, therefore, on the Commission to fully exclude public services, both publicly and privately funded, from the TiSA negotiations and to further strengthen flexibilities on the enforcement of commitments at local level, as laid down in GATS Article 1.3;
Amendment 42 #
2015/2233(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Calls for TiSA to include a review clause, in order that any decisions made concerning the liberalisation of services may be reconsidered, including in light of an evaluation having been carried out on respect for gender equality between men and women within trade agreements;
Amendment 46 #
2015/2233(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Strongly recommends that the EU exercise its political will in order to fully exclude public services, and in particular all social services, be it at a European, national or regional level, both publicly and privately funded, from the scope of TiSA and to include a gold standard clause for these services within all trade agreements in order to safeguard their quality;
Amendment 62 #
2015/2233(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Proposes that, instead of a "negative list" of spheres excluded from the agreement, a "positive list" of policy areas to be covered by the TiSA should be presented, in order to enhance transparency and accountability.
Amendment 64 #
2015/2233(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Considers, that in the Domestic Annex regulation, the concept of 'discriminating regulation' may reduce the scope of action of the National and Regional legislator and calls thus for a clear definition of the terms 'objective' and 'not more burdensome than necessary' when referred to the measures of general application affecting trade in services.
Amendment 65 #
2015/2233(INI)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Calls for the exclusion of the Domestic Regulation Annex from TiSa.
Amendment 3 #
2015/2229(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas in countries where capital punishment is practised, methods that are equivalent to torture (such as stoning to death) and involve bodily humiliation (such as public hanging) are used to execute women, in order to intimidate other women;
Amendment 9 #
2015/2229(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
Ba. whereas many women and girls are denied access to high-quality education and many are forced to abandon their studies when they marry or have children;
Amendment 12 #
2015/2229(INI)
Draft opinion
Recital B b (new)
Recital B b (new)
Ba. whereas three-fifths of the billion people living below the poverty line are women1 a; __________________ 1a Source: http://www.aidos.it/files/1226588271Front es_Introduzione.pdf
Amendment 14 #
2015/2229(INI)
Draft opinion
Recital B c (new)
Recital B c (new)
Bc. whereas women and girls account for two-thirds of the 960 million people around the world who are illiterate1 a; __________________ 1a Source: http://www.aidos.it/files/1226588271Front es_Introduzione.pdf
Amendment 17 #
2015/2229(INI)
Draft opinion
Recital C
Recital C
C. whereas the surge in terrorism and armed conflicts in the Middle East and North Africa (MENA) region has led to a significant increase in these forms of violence, with rape and enslavement of women and girls being used systematically as a weapon of war, and trafficking in human beings, especially women and children, as a source of financing terrorist activities; whereas the participation of women in peacebuilding processes and democratic reform is critical to their success;
Amendment 18 #
2015/2229(INI)
Draft opinion
Recital C a (new)
Recital C a (new)
Ca. whereas the participation of women in peacebuilding processes and democratic reform is critical to the success of those processes;
Amendment 20 #
2015/2229(INI)
Draft opinion
Recital C b (new)
Recital C b (new)
Cb. whereas, according to UNICEF, more than 500 000 women die in childbirth each year around the world1 a; __________________ 1a Source: http://www.unicef.org/factoftheweek/inde x_52778.html
Amendment 21 #
2015/2229(INI)
Draft opinion
Recital D a (new)
Recital D a (new)
Da. whereas women continue to be trafficked for prostitution, in most cases under conditions tantamount to slavery, as their identity papers are taken away and they are told that, if they attempt to rebel, harsh reprisals will be taken against their families;
Amendment 24 #
2015/2229(INI)
Draft opinion
Recital E
Recital E
E. whereas in sometill too many countries around the world women still do not enjoy the same civil and political rights as men;
Amendment 32 #
2015/2229(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Reiterates that religious, cultural and traditional differences can never justify violenceany form of violence, in particular against women and girls, such as female genital mutilation (FGM), early and forced marriages, domestic violence and, honour killings and other forms of torture, such as those that occur when sentences to death by stoning are carried out;
Amendment 55 #
2015/2229(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Points out that, with a view to ensuring that women play a leading role in decision-making and peace efforts, they must be given free and proper access to higher education, on a par with men, and action must be taken to prevent them being forced to abandon their studies, as they often are when they get married and have children;
Amendment 61 #
2015/2229(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls for the EU to ensure that fundamental human rights safeguards, in particular for women and girls, are written in to its economic and trade agreements with third countries, and to review such agreements in cases where those rights are not upheld;
Amendment 65 #
2015/2229(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Deplores the fact that in some third countries marriages between adults and minors are legal and in some cases involve brides under the age of nine (child brides);
Amendment 67 #
2015/2229(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Regards under-age marriages as fundamental human rights violations that affect all aspects of the lives of the girls involved, jeopardising their education and thus limiting their prospects, endangering their health and increasing the risk of them suffering violence and abuse;
Amendment 69 #
2015/2229(INI)
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Draws attention to the need for women to be afforded proper health care, free of charge, during childbirth, in order to reduce the still extremely high number of mothers and babies who die in childbirth in many third countries as a result of inadequate or non-existent health care;
Amendment 84 #
2015/2229(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Deplores the fact that in some countries extreme and fundamentalist laws and social, cultural and religious ideologies are preventing women from taking up certain occupations, forcing them to dress in a way that is humiliating for them as women and as human beings and placing restrictions on them engaging in everyday activities and conduct that are open to men (for example, driving and cycling);
Amendment 92 #
2015/2229(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls for the EU to promote, in its relations with third countries, protection for women who decided to adopt customs and traditions other than those of the societies and families from which they come, so that they may become fully empowered and free to make their own choices;
Amendment 96 #
2015/2229(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Deplores the fact that in some third countries homosexuality is a crime, and one that is in some cases punishable by death;
Amendment 98 #
2015/2229(INI)
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Points out that even in the West women are no strangers to violence, much of it domestic violence at the hands of their partners, or to labour and pay discrimination;
Amendment 100 #
2015/2229(INI)
Draft opinion
Paragraph 7 d (new)
Paragraph 7 d (new)
7d. Calls for the EU to pay proper attention to, and step up protection for, women migrants, and to give them the assistance they require and protect them against human trafficking and exploitation for prostitution by criminal organisations, which occur all too frequently;
Amendment 13 #
2015/2227(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Recognises that consumers across EU demand a better food quality and safety while reducing the environmental impact of agriculture and farming;
Amendment 16 #
2015/2227(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Recognises that meat and dairy overconsumption might cause health problems and their massive production is highly energy intensive, resources consuming and has a considerable impact on GHGs emission;
Amendment 17 #
2015/2227(INI)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Stresses the need to launch educational campaign on healthy diets and habits to prevent food induced diseases;
Amendment 22 #
2015/2227(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses the need to tackle food waste, since each year 1.3 billion tonnes of food is wasted or lost, and the need to address the wasteful use of cereals as animal feed in intensive production systems - which is an inefficient and environmentally damaging use of land and resources - instead of using these crops to feed people directly;
Amendment 39 #
2015/2227(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Stresses, therefore, the importance of supporting farmers in the transition to more sustainable and humane agricultural practices, with the aim of increasing efficiency and productivity while ensuring food safety, the protection of human and animal health and welfare and a reduction in pollution and greenhouse gas emissions;
Amendment 44 #
2015/2227(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses that some breeding technologies like marker assisted selection (MAS) can play an important role in selecting varieties with improved taste, better resistance to biotic and abiotic stressing factors that can help further wide spread of organic farming as well as restoring endangered local varieties and species;
Amendment 51 #
2015/2227(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Insists that farm management practices should ensure the protection of water and soil quality and minimise biodiversity loss, halt the biodiversity loss in the short period and facilitate biodiversity recovery and wide spread in the medium- long term;
Amendment 56 #
2015/2227(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Highlights the key role played by organic and biodynamic farming in preserving natural resources , preventing environmental pollution and directly and indirectly preserving biodiversity;
Amendment 67 #
2015/2227(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Underlines the need for an integration of production and processing, by promoting producers groups and encouraging short supply chains which might help in reducing the carbon footprint of the food supplying chain while providing local, fresher and healthier products for consumers;
Amendment 73 #
2015/2227(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Calls upon the Commission and Member States to discourage industrial intensive farming because of its huge environmental impact;
Amendment 96 #
2015/2227(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Urges Member States to launch programs to encourage farmers to invest on species differentiation, to grow local varieties and to abandon monocultures;
Amendment 98 #
2015/2227(INI)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Calls upon the Commission and Member State to invest on the improvement of the varieties of endemic plant species which could be suitable for animal feeding in order to reduce the dependence on the import of animal feed often made up of genetically engineered plants;
Amendment 105 #
2015/2227(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls upon the Commission and Member States to invest on technologies to increase water and energy efficiency, to reduce the dependence on fossil fuel, to include agriculture in the circular economy and to enhance animal welfare.
Amendment 17 #
2015/2226(INI)
Motion for a resolution
Recital B
Recital B
B. whereas, in the face of the current economic crisis, the European Union has made jobs – in particular via the Juncker plan –decided to make jobs one of its key priorities, and whereas, in that connection, tha CAP whose legitimacy of the CAP must be reaffirmed so that it can bis reaffirmed and which is more effective mused ast become one of the principal tools for EU action as regards jobs in rural areas;
Amendment 44 #
2015/2226(INI)
Motion for a resolution
Recital F
Recital F
F. whereas experience on the ground shows that other kinds of agricultural development are possible, providing better results in terms of food quality and agronomic, environmental and economic performance, and that small and medium- sized farms that are generally more diversified, more innovative and better organised in terms of forming associations involving group agriculture are more inclined to be resilient in times of crisis and to benefit the communities where they are located;
Amendment 53 #
2015/2226(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the current crisis shows that the unregulated market is unable to ensure price stability or maintain jobs, and that it is time to come up with new regulatory tools that are tailored to the hypercompetition pertaining in Europe and the rest of the world, and to identify long- term objectives which will promote production planning whose fundamental aims include meeting the European population's food requirements;
Amendment 89 #
2015/2226(INI)
Motion for a resolution
Recital L a (new)
Recital L a (new)
La. whereas the rural environment needs to be made more attractive to rising generations, promoting training geared to innovation and modernisation in the profession and in technologies;
Amendment 130 #
2015/2226(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Takes the view that the market measures and exceptional crisis measures provided for under the Single CMO must be implemented much more swiftly and proactively so as to limit the negative effects that falling prices have on income; urges the Commission, in this context, in the light of recent crises, to develop more rapid and effective intervention systems which can prevent the most negative effects;
Amendment 138 #
2015/2226(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Emphasises that geographical indications and organic farming represent and guarantee territory-based added value and create jobs, and as such should not only be protected but also developed; recalls, in the light of the legislative proposals under discussion or in preparation, that these positive impacts on the economy are based on the confidence that consumers have in this type of production, and therefore hopes that such confidence will not be undermined by changes that could be perceived as reducing its quality;
Amendment 206 #
2015/2226(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to clearly redefine and propose a European agricultural model that makes retaining territory-based jobs and food sovereignty a priority;
Amendment 238 #
2015/2226(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Emphasises that it is important that the CAP should provide funding for the positive effects that agriculture brings in terms of jobs and the environment, and that it should provide more support for organic and biodynamic farming and all other sustainable production methods in the context of agroecology, which will entail moving beyond current cross-compliance standards and agri-environmental and climate measures;
Amendment 241 #
2015/2226(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Recalls the positive example of 'organic districts', namely areas where, by means of a coordinated set of measures, products of local arable and livestock farming produced by organic methods and all the economic operators which depend on them (agrofood, gastronomic and touristic undertakings) are promoted, an instrument which has already shown that it can increase local income and assist the defence of the land by means of conservation of the countryside and of traditional products;
Amendment 250 #
2015/2226(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Takes the view that regaining control of the European market must be a principle for action under the future CAP, before turning to markets outside the EU, in order to ensure that dependence on exports and imports does not damage the economy;
Amendment 274 #
2015/2226(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls for the PAC to prioritise, under the EIP, support for innovative, more sustainable agricultural and forestry models for the production of food and non- food goods and services (renewables, bioeconomics, etc.), developing the full range of resources in each rural territory; stresses at the same time that food resources and resources which serve for food production should not be used for other economic purposes;
Amendment 317 #
2015/2226(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Member States to make significant progress towards top- down social harmonisation of the agricultural workforce and its costs, thereby minimising the damage done by internal social dumping, which undermines jobs;
Amendment 20 #
2015/2225(INI)
Motion for a resolution
Recital B
Recital B
B. whereas global food production mustneeds could increase by 60-110 % to meet this demandin response to this rise;
Amendment 26 #
2015/2225(INI)
Motion for a resolution
Recital C
Recital C
C. whereas there is a pressing demand to produce more, as well as safe and nutritious, food for EU and global citizens;
Amendment 41 #
2015/2225(INI)
Motion for a resolution
Recital F
Recital F
F. whereas if the increase in energy consumption were to continue at its current rate, global energy demand is predicted towould rise by 40 % by 2030;
Amendment 108 #
2015/2225(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Emphasises that the collation and analysis of large integrated data sets has the potential to drive innovation in agriculture and is particularly useful in addressing and developing an efficient and sustainable food-chain that will benefit farmers, the economy and consumers;
Amendment 142 #
2015/2225(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Takes the view that introducing genetically modified organisms into the European ecosystem would represent a serious and irreversible step towards the impoverishment of genetic diversity and would undermine biodiversity;
Amendment 164 #
2015/2225(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Emphasises that it is crucial not to hamper the application ofexperiments involving high- precision breeding techniques – without scientific reason – by subjecting them to unnexcessaryive regulatory oversight;
Amendment 184 #
2015/2225(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses the urgent need to review the implementation of the regulatory framework for PPPs and to develop a coherent, efficient, predictable, risk-based and scientifically robust approvals system which assesses possible damage to health and the environment;
Amendment 196 #
2015/2225(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Highlights the importance of assessing the benefits of active substances in supporting sustainable agriculture as well as the risk and hazards associated with the use of products; calls, in particular, for assessments to cover not just the impact of each individual product, but also the overall impact of all the products used in a given area;
Amendment 206 #
2015/2225(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Takes the view that low-risk substances should be given provisional approval for use and priority for evaluation by the rapporteur Member States and the European Food Safety Authority (EFSA) to help meet the aims of Directive 2009/128/EC regarding the sustainable use of pesticides, especiallyalso for product use on minor and speciality crops;
Amendment 215 #
2015/2225(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Notes that a faster approvals process would increase the availability of low-risk pesticides on the market, stimulate industry research into the development of new low-risk substances andthere is a need to draw up strategies and introduce incentives which enable farmers to switch more rapidly to sustainable PPPs;
Amendment 231 #
2015/2225(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Takes the view that investing in the development of agricultural technologies may attract younger people to farming, thus fostering generational change;
Amendment 242 #
2015/2225(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Welcomes the progress made in applied research in recent years, but calls for greater efforts to involve farmers and other users of agricultural technologies and products; notes that in Member States where public-private partnerships are promotedused intelligently there has been a greater shift towards applied research and a higher involvement of end-users;
Amendment 252 #
2015/2225(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Considers it essential for the Commission and the Member States to develop projects which focus exclusively on the development of more resource- efficient crop varieties, especially given the increasing scarcity of water availability and certain key components of soil fertilisers such as phosphatety;
Amendment 281 #
2015/2225(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
Amendment 290 #
2015/2225(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Notes in particular the high cost, long timescales and commercial uncertainty of bringing new technologies and sustainable products to market under current EU regulations;
Amendment 298 #
2015/2225(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Calls on the Commission to use its new Scientific Advice Mechanism (SAM) to design a regulatory framework which places greater emphasis on risk-based and, scientific evidence when determining the balance between benefits and risks inregulatory framework for the adoption of new technologies, products and practices;
Amendment 67 #
2015/2224(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Invites the Member States to provide additional support and guidance to smaller and less developed localities and to micro enterprises which often have limited resources and capacity and for which the administrative burden and complexity related to the implementation of these tools may be overwhelming;
Amendment 88 #
2015/2224(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Regrets that, given the Commission’s failure to devise a common methodology, the wholly individualistic approach adopted by Member States in drawing up partnership agreements makes those agreements difficult to compare, in particular those parts relating to integrated territorial investments;
Amendment 106 #
2015/2224(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Considers that community-led local development, which represents a new form of partnership aimed at fostering social innovation, should contribute to the implementation of initiatives aimed at creating new, quality jobs, with the accent being placed on sustainable development and social inclusion;
Amendment 118 #
2015/2224(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Encourages capacity building and, awareness-raising among social and economic partners, as well as civil society stakeholders, and the active participation of those parties, so that as many partners as possible can propose CLLD strategies before the deadline for proposals (31 December 2017);
Amendment 129 #
2015/2224(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Highlights the fundamental importance of a non-discriminatory and transparent approach and of minimising potential conflicts of interest in interactions between individuals in the public and private sectors, to ensure the balance that is needed between effectiveness of the tool, simplification and transparency; welcomes, furthermore, the participation of a wide range of partners in LAGs; emphasises, however, that the provision whereby public authorities cannot hold more than 49% of voting rights in LAGs, as provided for in the current legislative framework, may in certain situations impede the implementation of CLLD since the other interest groups involved might lack the adequate expertise and resources; asks the Commission to closely monitor and assess the implementation of this provision in order to detect regions where these requirements can pose particular problems, and possibly provide future recommendations;
Amendment 161 #
2015/2224(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Asks for the abovementioned report to analyse whether a compulsory approach in the post-2020 cohesion policy legislation concerning CLLD and ITI would be desirable, with minimum earmarking for these instruments in operational programmes; in that sense, considers it essential to perform an in-depth assessment of the impact of those instruments, based on indicators that take into account not only the amount of the funds used, but also their effectiveness in the territories concerned and in the actions taken; proposes, alternatively, that the option of designing concrete incentives to stimulate Member States to implement CLLD and ITI be assessed;
Amendment 14 #
2015/2223(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
Ba. whereas many women and families live below the poverty line in that they do not have enough income to meet their basic needs, as a result of the worsening crisis and increasing household costs;
Amendment 15 #
2015/2223(INI)
Draft opinion
Recital B b (new)
Recital B b (new)
Bb. whereas a basic income would enable families to escape poverty and would help women in particular to bridge the economic and social divide between them and men;
Amendment 16 #
2015/2223(INI)
Draft opinion
Recital B c (new)
Recital B c (new)
Bc. whereas gender-related tax problems are widespread, and whereas the failure to introduce tax concessions and favourable tax conditions is worsening the situation of women in the family and in society;
Amendment 17 #
2015/2223(INI)
Draft opinion
Recital B d (new)
Recital B d (new)
Bd. whereas large families with dependent under-age children incur greater costs and burdens which could force them into poverty;
Amendment 18 #
2015/2223(INI)
Draft opinion
Recital B e (new)
Recital B e (new)
Be. whereas the children of poor families are often taken into care, resulting in increased spending on childcare facilities and emotional trauma for the children separated from their parents;
Amendment 21 #
2015/2223(INI)
Draft opinion
Recital C a (new)
Recital C a (new)
Ca. whereas levels of welfare support differ from one Member State to another, and whereas that support does not always guarantee an adequate level of assistance, in particular where the elderly, children and persons with a disability are concerned; whereas this state of affairs increases the costs and workload borne by women, who are forced to choose between caring for their loved ones and their own careers;
Amendment 36 #
2015/2223(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Expresses deep concern at the Commission’s assessment that the 2020 anti-poverty target ‘seems out of reach’ and insists on fresh political impetus for dprasctical, resolute and binding action to tackle poverty in the EU; calls on the Member States to ensure that national poverty strategies are gender mainstreamed and address gender inequality;
Amendment 50 #
2015/2223(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Commission to issue guidelines to the Member States with a view to guaranteeing minimum welfare standards, gradually raising the level of those standards and offering better assistance to the elderly, children and persons with a disability;
Amendment 58 #
2015/2223(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Member States to safeguard families and the role of women within families by introducing a basic income which guarantees that they remain above the poverty line;
Amendment 69 #
2015/2223(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls for tax relief for large and one- parent families, which statistics show are most likely to suffer poverty;
Amendment 72 #
2015/2223(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Emphasises the need for the banking system, which in recent years has received significant amounts of public money to safeguard its liquidity, to offer women, and in particular women with children, easier access to credit, in the form of favourable interest rates and streamlined procedures;
Amendment 73 #
2015/2223(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Calls on the Member States to introduce direct subsidies for poor families, so that the children in such families can be raised with dignity, rather than being taken into care;
Amendment 8 #
2015/2222(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas the Charter of Fundamental Rights of the European Union states that 'equality between women and men must be ensured in all areas, including employment, work and pay';
Amendment 12 #
2015/2222(INI)
Draft opinion
Recital A b (new)
Recital A b (new)
Ab. whereas a balance between women and men in worker representation on boards can help to improve working life and private life, in particular for women workers;
Amendment 15 #
2015/2222(INI)
Draft opinion
Recital A c (new)
Recital A c (new)
Ac. whereas equal participation of women and men in decision-making processes is a matter of justice and is therefore necessary in order better to reflect the composition of the workforce in companies;
Amendment 17 #
2015/2222(INI)
Draft opinion
Recital A d (new)
Recital A d (new)
Ad. whereas one of the objectives of the Beijing Platform is to ensure equal access and full participation of women in decision-making processes;
Amendment 19 #
2015/2222(INI)
Draft opinion
Recital A e (new)
Recital A e (new)
Ae. whereas true women's empowerment should be achieved exclusively by recognising women's merit and not by adopting mandatory quotas which require the presence of women regardless of their ability;
Amendment 32 #
2015/2222(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Calls on the Commission and on all the Members States to introducpromote legislative measures requiring quotas in orderwith a view to increaseing gender balance in worker representation at board level; calls for a monitoring system to be put in place and any non-compliance with quota requirements to result in sanctions consistent with national company laws;
Amendment 47 #
2015/2222(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Takes the view that the problem of unequal representation of women and men in the workplace depends primarily on a cultural and social heritage that repeats old patterns and models that penalise women and that, therefore, action needs to be taken chiefly by taking measures to raise awareness among those involved in working processes;
Amendment 49 #
2015/2222(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Takes the view that the adoption of fixed quotas is not the optimal solution to the problem of women's representation in the workforce and that a system of rewards and incentives should, rather, be practised when giving more space to women, albeit without disregarding meritocracy;
Amendment 57 #
2015/2222(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Asks the Commission and the Member States to step up their capacity for collecting gender-segregated statistics about worker board-level representatives, making use of the work of the EIGE and Eurostat, in order to monitor the number of women and men in key decision-making positions so as to ensure the promotion of gender equality at board level in Europe.
Amendment 2 #
2015/2187(DEC)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Agency to explain why the number of meetings of experts and working groups was doubled from 13 in 2013 to 26 in 2014, while, over the same period, the number of studies undertaken fell from 14 to 8; calls account to be taken also of the relative increase in costs;
Amendment 3 #
2015/2187(DEC)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Regrets the delays in the procurement of surveys and studies that resulted in large amounts being carried over in respect of Title III (operational expenditure), totalling EUR 1.8 million (54 %);
Amendment 2 #
2015/2154(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes, that the Annual report of the Court of Auditors ("the Court") of 10 November 2015 on the implementation of the 2014 budget of the European Union found the error rate in Cohesion Policy to be estimated at 5,7%, comprising 6.1 % of estimated level of error for regional and urban policy and 3.7 % for employment and social affairs, which represents an increase as compared to 2013 (5,3%); expresses its concern at this increase, which is especially significant as far as errors with financial implications and serious negative effects on the budget are concerned;
Amendment 6 #
2015/2154(DEC)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses that the EU’s economic situation still shows there to be many weaknesses as regards gender equality;
Amendment 8 #
2015/2154(DEC)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Points to the considerable difficulties women experience in accessing credit, which has serious repercussions in terms of their personal and business prospects;
Amendment 9 #
2015/2154(DEC)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Emphasises that difficulties in accessing credit adversely affect women and serve to widen the gap between their wages and pensions and those of men;
Amendment 11 #
2015/2154(DEC)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Commission to produce an assessment of the impact that EU financing has had on promoting gender equality;
Amendment 16 #
2015/2154(DEC)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on all the EU institutions to assess whether there is genuine parity as regards the distribution of posts within the institutions and bodies of the EU, providing gender-by-gender statistics on staff numbers and grades as part of the discharge procedure.
Amendment 17 #
2015/2154(DEC)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Notes that the main source of error continues to be infringement of public procurement rules, accounting for nearly half of the estimated level of error, with cases of serious failure to comply with public procurement rules identified, by the Annual report of the Court of Auditors on the implementation of the 2014 budget of the European Union , in unjustified direct award of contracts, additional works or services, unlawful exclusion of bidders, as well as cases of conflict of interest and discriminatory selection criteria;
Amendment 40 #
2015/2154(DEC)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Member States to use all the information available to prevent, or detect and correct the errors before claiming reimbursement from the Commission, stressing that if all this information had been used to correct errors before declaring the expenditure to the Commission, the estimated level of error for expenditure under economic, social and territorial cohesion would have been 1.6 percentage points lower;
Amendment 45 #
2015/2154(DEC)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Invites the Commission to further strengthen the control system for audit authorities, ensuring adequate checks of compliance with state aid and public procurement rules and the provision of specific information on audits of operations;
Amendment 17 #
2015/2147(INI)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
Amendment 19 #
2015/2147(INI)
Motion for a resolution
Citation 8 b (new)
Citation 8 b (new)
- having regard to Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector,
Amendment 20 #
2015/2147(INI)
Motion for a resolution
Citation 8 c (new)
Citation 8 c (new)
- having regard to the Commission communications of 15 May 2003 and of 7 March 2007 on the implementation of the Data Protection Directive, Communication to the European Parliament and the Council COM (2003)0265 final and COM(2007)0087 final,
Amendment 36 #
2015/2147(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the continuously expanding use of the internet and mobile communications has deeply changed the way users communicate, invent, consume and share; whereas this has expanded the market place, facilitating access by smcitizens interact with each other, with the government, with businesses and with civil society, and has dynamically companies to a customer base of 500 million customers and the development by entrepreneurs of new ideasnformed a new concept of "digital citizenship" still very unequally distributed among geographic areas, age groups, and socioeconomic cohorts of the Union;
Amendment 38 #
2015/2147(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the use of the internet and mobile communications has changed the way usersse new "digital citizens", together with government, business and civil society actors, have developed innovative ways to communicate, participate, invent, consume and share; whereas this, actively involving a significant part of their lives; and furthermore such a change has expanded the market place, facilitating access by smallnd speeding the access of companies to a potential customer base of 500 million European customers, and the development by entrepreneurs of new ideas;
Amendment 51 #
2015/2147(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas these deep changes have at its core a new figure of "citizen- consumer", whose active involvement in the digital market place goes way beyond the mere act of purchase of goods and services, generates a rich variety of interwoven, multidirectional flows (physical, monetary and informative), and brings new value, new challenges and new opportunities for the whole social, economic and politic fabrics of the Union;
Amendment 59 #
2015/2147(INI)
Motion for a resolution
Recital A g (new)
Recital A g (new)
Ag. whereas the digital environment is understood by a significant share of European citizens as a public good, therefore expecting to enjoy in this area high-performance, affordable public services available to a vast majority of citizens, if not all;
Amendment 60 #
2015/2147(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the new model of deeply intensified interaction, by its own nature, goes beyond borders, distances and many other physical constraints, and as a consequence does not only connect "digital citizens" within the Union, but allows them to reach out to, and to be reached by, citizens and businesses all over the world; whereas this connectivity means that the Digital Single Market must be conceived and implemented in close interrelationship with the digital realities and on-going developments all over the world;
Amendment 61 #
2015/2147(INI)
Motion for a resolution
Recital A c (new)
Recital A c (new)
Ac. whereas the management of such complexity involves harnessing informative flows of an unprecedented scale and richness, to which the whole society contributes, and from which the whole society must benefit;
Amendment 62 #
2015/2147(INI)
Motion for a resolution
Recital A d (new)
Recital A d (new)
Ad. whereas the Union, together with the different levels of national, regional and local governments, must guarantee that no single player, either public or private, will be allowed to benefit unduly from the new all-encompassing digital environment;
Amendment 64 #
2015/2147(INI)
Motion for a resolution
Recital A e (new)
Recital A e (new)
Ae. whereas it is generally agreed that the informative flows generated by a fully functioning Digital Single Market can only be productively managed with a continuously increasing use of artificial intelligence, for aggregating data, identifying and interpreting patterns, and recognizing emerging structures; whereas such combination of activities could likely bring an unprecedented development of this field, which in itself is largely unregulated and even un-discussed, with enormous political, ethical, legal and technical implications;
Amendment 65 #
2015/2147(INI)
Motion for a resolution
Recital A f (new)
Recital A f (new)
Af. whereas a highly-participative, highly- inclusive Digital Single Market can only be designed and implemented through processes that are equally participative and inclusive, creatively summoning and combining the vision, values, strengths, knowledge, skills and experiences of the whole European society;
Amendment 70 #
2015/2147(INI)
Motion for a resolution
Recital B
Recital B
B. whereas all Union policies and legislation in the area of the Digital Single Market should allow and stimulate new opportunities for users and businesses to emerge, especially within today’s service society, while taking a holistic approach that considers their social dimension as they inevitably involvecitizens, governments, businesses and civil society to emerge and become well-established realities; whereas the Union, acting institutionally in such direction, must take stock of the modern European society, strongly oriented to services, where citizens legitimately expect to have similar rules for similar services; whereas these actions must be guided by a holistic approach that pays the utmost attention to the transformative social dimension of such major, structural changes;
Amendment 82 #
2015/2147(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas such emphasis on services must be balanced with a renewed, performing and sustainable industrial economy, which will also greatly profit from the digital transformation;
Amendment 97 #
2015/2147(INI)
Motion for a resolution
Recital C
Recital C
C. whereas although 75% of the value added by the digital economy comes from traditional industry; whereasnon-ICT industry, its integration of digital technology remains weakmuch slower and weaker than desirable, with only 1.7% of EU enterprises making full use of advanced digital technologies and only 14% of SMEs using the internet as a sales channel;
Amendment 102 #
2015/2147(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas a similar lag affects the inclusion of citizens in the digital environment, i.e. "digital inclusion", where many studies point out that it is essential to act proactively and generously towards senior citizens, inhabitants of rural areas, minorities and other citizens in a situation of comparative socioeconomic weakness; whereas their inclusion must be understood as a great opportunity for enhancing market development, strengthening social fabrics, and increasing all kinds of participation throughout all the European Union and its area of influence;
Amendment 114 #
2015/2147(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas the innovative technical nature of many of the issues regarding the Digital Single Market require a special effort to reach out to European citizenship, communicating towards them in an accessible way, and making sure that the DSM implications are understandable for the average citizen; insofar such understanding is a prerequisite for the generalised, active involvement and participation that the Union strives to achieve;
Amendment 122 #
2015/2147(INI)
Motion for a resolution
Recital D
Recital D
D. whereas a high level of consumer protection and satisfaction necessarily entails choice, flexibility, information and trust in a securan online environment providing a balanced combination of safety and security for all participants (especially minors and other vulnerable cohorts), wide choice, equal access opportunities, legal certainty, operational flexibility, transparency, interoperability and reliable information (both top-down and peer-to- peer); whereas such a balance, properly monitored and enforced, is key for breeding rational trust in the online environment;
Amendment 160 #
2015/2147(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas the ambitious programmatic development of the Digital Single Market imposes on European Union policy- makers the need to have available state- of-the-art, independent scientific and technological advice regarding issues on stake, in order to assess adequately the corresponding opportunities, challenges and risks;
Amendment 165 #
2015/2147(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas such complex combination of factors must be seamlessly embedded in a solid overall frame of guarantees regarding the fundamental rights of our citizens (especially in the fields of privacy and data protection), in order to truly and efficiently achieve its goals regarding consumer protection and satisfaction;
Amendment 166 #
2015/2147(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Communication on ‘'A Digital Single Market Strategy for Europe’'; believes thatsupports the horizontal approach taken, and is convinced that it needs to be strengthened in its design, implementation and controls as the digital sectorenvironment where the Digital Single Market takes place affects every dimension of the society and the economy;
Amendment 191 #
2015/2147(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Believes that better regulation should help to examine policy through a digital lensensure that the design and implementation of policies systematically includes a digital perspective, in order to encompass all existing realities and many of the upcoming possibilities, and facilitate the adaptation of legislation and enforcement frameworks in the light of new technologies and new business models to prevent fragmentensure a sustained integration of the digital single market;
Amendment 219 #
2015/2147(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that usercitizens’ trust in digital services is vital to innovation and growth indevelopment of the digital economy and that reinforcing that trust; stresses that continuously reinforcing that trust, through appropriate, integrated consideration of the plurality of social, legal and communicative factors conditioning it, should be at the basis of both public policy and business models;
Amendment 233 #
2015/2147(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Considers that a competitive broadband environment is a crucial precondition to the achievement of the goals of a Digital Single Market insofar it enables consumers take-up, business diversity, economic pluralism, choice and ultimately the fundamental rights in the digital environment;
Amendment 236 #
2015/2147(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. reminds in this context that the build- up of any kind of trust is slow and gradual, whilst loss of trust can be steep, almost instantaneous, and very difficult to recover; points out that a variety of business-related issues are unfortunately eroding that trust, such as lack of tariff transparency, difficult portability, purposefully induced obsolescence, and increasing spam and undesired publicity, among others; accordingly, they must be tackled in the development of the Digital Single Market;
Amendment 241 #
2015/2147(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses that building trust in the digital single market in the minds of citizens not only requires effective guarantees and protection of their rights and freedoms but also depends on citizens’ own perception and awareness of these guarantees and this protection;
Amendment 245 #
2015/2147(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses the urgent need for the Commission and Member States to promote a more dynamic economy for innovation to flourish and for companie, start-ups to enter the market at an increasing rate, and established SMEs to scale up, through the development of e- government, a modernised integrated regulatory framework fit for the emergence and scale- up of innovative businesses and civil society's initiatives, and a long term investment strategy in infrastructure, skills, digital inclusion, research and innovation;
Amendment 281 #
2015/2147(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission, in cooperation with Member States, to further develop initiatives to boost entrepreneurship that rangeand active participation in the digital scene, from changing the mind-set on how success is defined, measured and rewarded, to promoting an entrepreneurial and innovation culture where a vast majority of citizens, businesses of all dimensions, and social agents participate; believes, in addition, that the diversity and specific attributes of the different national innovation hubs couldan be turned into a real competitive advantage for the EU if they are, when effectively interconnected;
Amendment 300 #
2015/2147(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Is concerned aboutby the different national approaches taken ton regulating the internet and the sharing economy; urges the Commission to take action to preserve the integrity of the single market and the internet as an open and, global, neutral, inclusive platform for communication and innovation, participation and innovation, based on fair competition and consistent consumer protection standards;
Amendment 347 #
2015/2147(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses that this open model of internet is the basic substrate for developing the Digital Single Market, as well as a sharing, innovative economy and, at the same time, a variety of factors involving digital citizenship and a broad range of participation modes, ranging from the fully commercial to the non- profit;
Amendment 356 #
2015/2147(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Deplores the absence of international regulation in key sectors of the digital market, such as the management of domains and network standards, and the fact that, instead, this role is entrusted to private bodies which are not subject to adequate monitoring and supervision; calls on the Commission, therefore, to intervene to establish a strategy for regulating digital activity;
Amendment 386 #
2015/2147(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Points out that in the absence of an appropriate uniform EU legal framework, national rules are addressing emerging issues in the digital market inconsistently, with the risk of allowing potentially harmful situations for the rights of citizens and businesses to arise, in addition to conflicts between taxation laws and labour laws;
Amendment 396 #
2015/2147(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Considers it advisable for the Commission to assess whether the current competition rules are adequate for meeting the emerging challenges of a rapidly changing digital market, in particular to prevent operators in a dominant position from abusing that position to the detriment of smaller operators, or to prevent restrictions to competition itself, at the expense of citizens;
Amendment 417 #
2015/2147(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Believes that a full harmonisation of the legal framework governing online sales irrespective of whether they are cross- border or domestic sales, while maintaining the coherence of online and offline rules regarding legal remedies, constitutes the most practical and proportionate approachapproach that is best able to meet the expectations of businesses and citizens; calls, moreover, for greater consistency, particularly with regard to taxation, the absence of which on the one hand allows large companies to exploit the diversity of rules in order to avoid tax and to pay taxes that are often negligible compared to the profits made, and on the other, induces national authorities to increase the tax burden on operators which are easier to monitor, such as small businesses or family businesses;
Amendment 429 #
2015/2147(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Points out that the greatest difficulties in cross-border trade, especially in the digital sector, are due to the uncertainty as to which national law is applicable to specific transactions; reminds the Commission that a balance needs to be struck between the need for certainty and simplicity for manufacturers and distributors on the one hand and consumers/purchasers on the other, and that therefore the possible application of the principle according to which the rules of the state of origin must apply should not ultimately reduce the level of consumer protection;
Amendment 440 #
2015/2147(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Considers that there is a risk that the Commission’s proposals entail a growing disparity between the applicable legal standards for offline and online purchases, when, conversely, also in terms of consumer perception, these two forms of trade should be made as equal as possible;
Amendment 448 #
2015/2147(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Regrets the imprecision of the Commission’s proposal regarding a legislative measure for a more comprehensive online sales law that covers digital content products as well as tangible goods; the latter in particular are adversely affected by the different national standards applied, such as required technical specifications, which oblige producers and distributors to adapt their products and packaging if they want to sell across borders; this involves an inevitable increase in costs, particularly for SMEs;
Amendment 468 #
2015/2147(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Calls on the Commission to establish a regulatory framework in which it is clear what the rights of buyers and duties of sellers are with regard to transactions carried out on platforms that enable users to play both roles, in which the role of seller is not always regarded in the same way as that of a professional trader, leaving a grey area as regards the proper application of the relevant and generally accepted buyers’ rights;
Amendment 533 #
2015/2147(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Points out that delivery is a major concern for those who buy online and for SMEs, and that certain time frames and clear traceability systems should therefore be guaranteed as far as possible, with efficiency improved and costs reduced; is of the view that in order to enable consumers to make informed choices, the environmental and social impact of the delivery services offered should be made clearer;
Amendment 573 #
2015/2147(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Considers that ambitious actions are needed to improve access to legal digital content, in particular by ending geo- blocking practices and unfair price discrimination based on geographical location, which often have the effect of building monopolies or oligopolies and, in some cases, conceal protectionist measures;
Amendment 594 #
2015/2147(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Regrets that while the Commission is attempting to build a European single market, there are still internal trade barriers that prevent citizens from using digital content that has been legally purchased in one Member State in the rest of the Union, freely and without restriction; stresses that these restrictions may act as an incentive to use online piracy systems to get around obstacles that are perceived to be unjust, having an adverse effect not only on the freedom of citizens but also on the profits of distributors; calls on the Commission better to coordinate the laws on copyright and licences, in order to put an end to such inequalities;
Amendment 605 #
2015/2147(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Supports in particular the Commission’s planned scrutiny of the practical enforcement of Article 20(2) of the Services Directive in order to analyse possible patterns of discrimination against consumers based on their country of residence; calls on the Commission to identify and define concise case groups of justified discrimination under Article 20(2) of the Services Directive in order to outlaw unjustified discriminatory behaviour by private entities and in order to provide interpretative assistance to authorities responsible for applying Article 20(2) in practice; calls on the Commission to make concerted efforts to add the provision of Article 20(2) to the Annex of Regulation (EC) No 2006/2004 in order to utilise the Consumer Protection Cooperation Network’s investigation and enforcement powers;
Amendment 635 #
2015/2147(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. ETakes note that, according to the Commission's Strategy, there exists an investment gap in order to meet the digital agenda targets, and accordingly emphasises that incentivising a combination of public and private investments in fast and ultra-fast communication networks is a requirement for any digital progress, with competition remainingboth a previous requirement and a pulling factor regarding any digital progress; in this context, stresses that safeguarding sustainable competition, together with bringing large-scale digital inclusion, remain the main drivergoals of infrastructure investments, and that they in turn drive innovation, affordable prices and choices for consumers; considers that little evidence exists, in the still fragmented European telecommunications market, of a link between consolidation of operators and increased investment in networkpermanently flexible choices for consumers;
Amendment 664 #
2015/2147(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Notes that scarce or no evidence exists, in the still fragmented European telecommunications market, of a correlation between consolidation of operators and increased investment in networks; encourages a regulatory design which provides ample opportunities for new entrepreneurial players, and which discourages the formation of oligopolies and other forms of market distortion;
Amendment 676 #
2015/2147(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Stresses that future rules affecting the development and functioning of markets should be more focused on the interests of European citizens by allowing them to benefit from high-performance broadband access offers at affordable prices and, therefore, fostering both the take-up of broadband services and the entrepreneurial development of initiatives;
Amendment 699 #
2015/2147(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Stresses that since the development of over- the-top services has increased demand and competition to the benefit of consumers, modernisation of the telecommunication framework should not lead to more regulatory burdens, but should drive innov, and at the same time it has brought to the centre of the debate questions about essential issues like neutrality, privacy and data protection, and in general about fragmented consumer protection standards; underlines that the modernisation of the telecommunication framework should strive to design for the whole European Union carefully assessed and balanced regulatory burdens which take in account the needs of citizens, SMEs and entrepreneurs, and drive innovation, participation and fair competition;
Amendment 726 #
2015/2147(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Underlines that the modernisation of the telecommunication framework should strive to design for the whole European Union carefully assessed and balanced regulatory burdens which take in account the needs of citizens, SMEs and entrepreneurs, and drive innovation, participation and fair competition;
Amendment 742 #
2015/2147(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls as a priority for a harmonised European framework for spectrum allocation to boost long-term infrastructure investments; requests from the Commission a detailed updated inventory of any existing national roadblocks which could be hindering such harmonisation;
Amendment 778 #
2015/2147(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Stresses that a uniform enforcement of the Connected Continent package, including the drive towards the end of end- user roaming surcharges and the pledge to enforce the net neutrality principle, requires the establishment of a single independent European telecommunications regulator, adequately empowered and resourced, and interacting actively and constructively with national regulators, under defined procedures, ensuring a consistent application over Member States of all rules and standards concerning the Digital Single Market;
Amendment 805 #
2015/2147(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. UrgAppreciates the Commission to develop an innovation-friendly policy th's initiative to analyse the role of plat fosters competition between, and innovation in, online platforms; considers that the priorities should be transparency, facilitation of switching between platforms or online services, access to platforms, and identifying and addressing barriers to the emergence and scale-up of platforms;rms in the Digital Economy as part of the up- coming Internal Market Strategy; notes the significant difficulties involved in the mere definition of what a platform is, and how should it be managed for the common good; accordingly:
Amendment 812 #
2015/2147(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Urges the Commission to develop an innovation-friendly policy that fosters competition between, and innovation in, online platforms; considers that the priorities should be transparency, facilitation ofthe removal of barriers to switching between platforms or online services, access to platforms, and identifying and addressing barriers to the emergence and scale-up of platforms;
Amendment 834 #
2015/2147(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Calls on the Commission to expand this initiative into a wide-ranging, multidisciplinary, in-depth discussion, involving all stakeholders, including civil society, about the present and future role of the online platforms in the Digital Single Markets, including but not limited to the issues of stimulus to entrepreneurship, creation and innovation, regulatory control and enforcement, avoidance of distortions to the European market, interaction with third countries' markets, citizen participation and involvement, guarantees for fundamental rights; considers that only through such discussion processes it becomes possible to seize the opportunity to bring forward European strengths and specificities and therefore to aim towards a European leadership in the field;
Amendment 835 #
2015/2147(INI)
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23b. Urges the Commission to develop an innovation-friendly policy that fosters competition and innovation between online platforms, and active participation of citizens in them; considers that the priorities should be transparency, removal of all constraints to users switching between platforms or online services, access to platforms, open standards, interoperability, data protection by design and by default, identifying and addressing barriers to the emergence and scale up of platforms;
Amendment 849 #
2015/2147(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
Amendment 854 #
2015/2147(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Appreciates the Commission’s initiative to analyse the role of platforms in the Digital Economy as part of the upcoming Internal Market Strategy; points out that often, platform operators can take advantage of their role to create distortions in the market, harming some distributors and restricting choice for consumers, especially when they too are distributors; calls on the Commission, therefore, to ensure that free competition rules are not breached on digital platforms;
Amendment 876 #
2015/2147(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Calls on the Commission to ensure that the role of digital platforms does not stifle the growth of SMEs that sell their products and services through them, given that most of the commercial risk and responsibility towards buyers is shifted on to those very SMEs;
Amendment 891 #
2015/2147(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Encourages the Commission to analyse the need to protect consumers in the sharing economy and, where appropriate and if necessary, to come forward with proposals to ensure the adequacy of the consumer-related legislation framework in the digital sphere, including possibletake into consideration the emerging phenomenon of the sharing economy, in order to strike a fair balance that enables innovative forms of business that are useful for citizens to continue to expand, without unnecessarily harming those who operate in the sector; calls on the Commission to establish a clear regulatory framework which prevents uncertainty and ensures compliance with the rules without restricting free competition and initiative, which includes proposals to protect consumers appropriately in the digital sphere, including the prevention of and fight against any abuses;
Amendment 944 #
2015/2147(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Reminds the Commission that in order for the digital single market to work effectively, a climate of trust in the system needs to be built for both consumers and distributors, by means of supervisory and assessment tools that are unbiased, accurate and independent, secure payment systems and simple, easy-to-use dispute settlement instruments; recommends, moreover, that even though the establishment of these instruments can be left to free initiative and the inventiveness of market operators, the Commission should provide uniform guidelines and promote the exchange of best practices;
Amendment 965 #
2015/2147(INI)
Motion for a resolution
Paragraph 26 b (new)
Paragraph 26 b (new)
26b. Takes the view that facilitating the exchange of information, including personal information and sensitive data, should not result in reduced protection of citizens' privacy and that, therefore, the supervisory authorities should be required to ensure that such information is adequately protected and does not become a tradable commodity without the knowledge of the individuals concerned;
Amendment 8 #
2015/2132(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Points outNotes that according to the Commission's document "Elements for a payment plan to bring the EU budget back onto a sustainable track”, the foreseen payment appropriations for heading 1b must also be used to pay the expected backlog at the end of 2015 (EUR 20 billion), and calls on the Commission to make further efforts to reduce delays in payments, stressing that such delays greatly increase the burdens on local and administrative authorities and have an extremely serious domino effect on recipients of funding;
Amendment 18 #
2015/2128(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Given that there continues to be a significant number of irregularities in the area of cohesion policy, invites the Commission and the Member States to establish standardised and comparable guidelines aimed at analysing performance of administrative personnel responsible for management and control of funds;
Amendment 27 #
2015/2128(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Considers that the fight against fraud and irregularities requires a huge effort to raise awareness and to provide incentive for action among all institutional bodies on a European, national, regional and local level and among the general public, through the widespread dissemination of data, news and items of potential interest;
Amendment 29 #
2015/2128(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Calls for the appointment of a European Prosecutor, imperative for proper analysis of fraudulent activity involving the Community budget and in light of the need to take an approach to combating fraud that goes beyond national borders and which takes into account the dangerous transnational dimension of organised crime;
Amendment 39 #
2015/2128(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses how the prevention of irregularities and fraud must involve both constant training and support for personnel responsible for management and control of funds in the competent administrative authorities, and also innovative action, including circulating information regarding the most common errors and criminal methods, but also concerning good control practices;
Amendment 1 #
2015/2127(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. WelcomesTakes note of the increase in the EIB Group’s total financing activities in 2014, including over EUR 50 billion in additional lending and more than EUR 150 billion in mobilised investment, which is essential for complementing cohesion policy and the European Structural and Investment Funds (ESI Funds);
Amendment 3 #
2015/2127(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Calls on the EIB to assess the effects of the economic crisis in relations with the banking system and the final recipients of EIB funding, in particular regarding SMEs, social economy sector and public companies;
Amendment 5 #
2015/2127(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Recognises that persistent problems such as financial barriers result in a lack of investment within the EU and the urgent need to mobilise investment in order to boost the real economy; welcomes, in this regard, the proposal for an Investment Plan for Europe and the new European Fund for Strategic Investments (EFSI); recalls that there is a need to ensure consistency and complementarity between the EFSI and other EU policies and instruments, in particular the ESI Funds;
Amendment 14 #
2015/2127(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls for a revision of the EIB's External Mandate so that available resources can be increasingly concentrated inside the European Union;
Amendment 17 #
2015/2127(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Takes note of the EIB Operational Plan for 2015-2017; welcomstresses the fact that it recognises that speeds of recovery differ between the Member States and that it has set economic and social cohesion as a cross-cutting policy goal;
Amendment 21 #
2015/2127(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Believes that there are still considerable margins for manoeuvre for improving transparency, assessing the economic and social impact of the loans and the effectiveness in the implementation of due diligence;
Amendment 23 #
2015/2127(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. WelcomeConsiders the enlarged role the EIB Group will play in implementing cohesion policy for the 2014-2020 programming period;
Amendment 35 #
2015/2127(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Considers administrative burdens and a lack of administrative capacity a serious obstacle to successfully achieving cohesion policy goals; stresses the importance of the EIB’s advisory role and recognises the efforts undertaken in this context; welcomstresses the partnership between the Commission and the EIB in setting up the fi-compass advisory platform;
Amendment 38 #
2015/2127(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Expresses concern for some projects included in the national pipelines submitted to the European Commission to be financed by the EIB or at least for its support in the framework of the European Fund for Strategic Investments (EFSI); recalls that among those projects presented to the EIB, there are harmful, dangerous, wasteful plans as the HST, the implementation of ILVA steel plant in Taranto or the LNG terminals;
Amendment 49 #
2015/2127(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Recalls the importance of the multilateral cooperation between the EIB and the national promotional banks in order to foster synergies, share risks and costs, and ensure appropriate lending to EU projects with a positive impact on productivity, job creation, environmental protection and quality of life;
Amendment 25 #
2015/2118(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas it is acknowledged that human trafficking is 'the slavery of our times' and a major source of funding for organised crime (around EUR 6 billion in 2015 alone, according to Europol estimates) and Islamic State terrorist groups, yielding high profits for low risks;
Amendment 39 #
2015/2118(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the main purpose of human trafficking is sexual exploitation, accounting for 53 % of victims, of which 97 % are women; whereas it may assume different forms, either visible (street prostitution) or invisible(in brothels, private homes or nightclubs);
Amendment 41 #
2015/2118(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas, according to Eurostat data, human trafficking takes place largely within EU borders, 65 % of the victims being European citizens; whereas such activities are focused on a number of hotspots, including migrant registration centres in Germany, France and Belgium;
Amendment 66 #
2015/2118(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Amendment 68 #
2015/2118(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas Europol studies have shown that that criminal gangs are able to make use of new digital technologies to attract victims by means of false online vacancy advertisements;
Amendment 74 #
2015/2118(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas sexual exploitation, like any other activity, is fuelled by demand and if no-one were willing to pay for sexual services, prostitution and human trafficking could no longer exist;
Amendment 109 #
2015/2118(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Member States to make use of properly structured victim interview techniques to help achieve a precise reconstruction of events without at the same time placing psychological pressure on victims who are already frightened and confused;
Amendment 110 #
2015/2118(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Calls on the Member States to use properly trained female staff to interview victims in order to help them more effectively, both physically and psychologically, by putting them at ease in providing information;
Amendment 119 #
2015/2118(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on Member States to monitor websites more effectively, so as to ensure the prompt identification of those that lend themselves to links with criminal gangs, without restricting or criminalising the web, but using its enormous potential to disseminate good practices and raise awareness of human trafficking issues;
Amendment 140 #
2015/2118(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission and the Member States to work together to create gender-sensitive training programmes for persons coming in contact with victims of THB in an official capacity, including police officers, border officers, judges, magistrates, lawyers, front-line medical staff and social worke, social workers and psychological counsellors; stresses that training should include detection of victims, the formal identification process and appropriate, gender-specific assistance for victims;
Amendment 170 #
2015/2118(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Calls on the Member States to adopt the ‘Nordic model' to combat sexual exploitation, particularly since studies have shown that, in countries such as Sweden and Norway where the purchase of sexual services is a criminal offence, prostitution and human trafficking are on the wane;
Amendment 213 #
2015/2118(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Calls on the Member States to provide legal and psychological assistance to all of those who either self-identify, or meet an adequate number of the criteria for identification, as victims of THB, to help them access their rights, compensations and/or legal redress; ;
Amendment 228 #
2015/2118(INI)
Motion for a resolution
Paragraph 41
Paragraph 41
41. Asks that the Member States collect more detailed and up to date data by compiling reliable statistical information gathered from all main actors, by ensuring that the data is disaggregated by gender, age, type of exploitation (within the subsets of types of THB), country of origin and destination, and by including internally trafficked people, to better assess the gender dimension and recent trends in THB, as well as by collecting data on recovery and reflection periods, residence permits and victim compensation; calls on the Members States to ensure that national rapporteurs play a more significant role in the coordination of data collection initiatives, in close cooperation with relevant civil society organisations active in this field;
Amendment 236 #
2015/2118(INI)
Motion for a resolution
Paragraph 43 a (new)
Paragraph 43 a (new)
43a. Calls on the various EU agencies such as Eurojust, Europol, CEPOL, EASO, EIGE, FRA and Frontex to cooperate more effectively in combating human trafficking both inside and outside the Union;
Amendment 18 #
2015/2111(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas in many cases the problems encountered by women in entrepreneurship are due to diffuse cultural factors and prejudices which exist in various Member States;
Amendment 25 #
2015/2111(INI)
Motion for a resolution
Recital K a (new)
Recital K a (new)
Ka. whereas the greater difficulty that women face in comparison with men in obtaining credit from financial institutions in order to launch their own businesses is often due to the fact that their reliability is called into question by prejudices regarding their training and their way of conducting business, because it has been statistically demonstrated that, in comparison with men in similar positions, women entrepreneurs have less propensity to take risks and are less concerned with business expansion and growth, which is seen as incompatible with the requirements of private life, which influence women enormously in their business decisions;
Amendment 26 #
2015/2111(INI)
Motion for a resolution
Recital K b (new)
Recital K b (new)
Kb. whereas very often women who request access to credit are ‘fronts’ and not the real owners of the undertaking, for the sole purpose of securing financial concessions and advantageous conditions from credit institutions and European, national and regional public administrations;
Amendment 33 #
2015/2111(INI)
Motion for a resolution
Recital P a (new)
Recital P a (new)
Pa. whereas in most cases women entrepreneurs operate in sectors which are secondary from the point of view of economic returns and competitiveness on the market;
Amendment 34 #
2015/2111(INI)
Motion for a resolution
Recital Q a (new)
Recital Q a (new)
Qa. whereas the need to reconcile working time with family needs is one of the needs most commonly felt by women entrepreneurs, to say nothing of the difficulties of access to continuing training and assistance services;
Amendment 58 #
2015/2111(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the European Union to invest in the creation of support structures for women entrepreneurs to provide child care and care of elderly relatives and the family, improving and facilitating access to basic services (such as crèches) and various work opportunities (such as flexible working hours);
Amendment 67 #
2015/2111(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Considers that European networks of women entrepreneurs should create a European and national network to facilitate and assist women in seeking financing and in advice services for ease of access;
Amendment 87 #
2015/2111(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Considers that easier access to financing should be provided for women entrepreneurs in innovative and sustainable sectors, with special reference to those in ICT, construction and transport, where men are in the majority; calls in this respect for greater monitoring to avoid phenomena whereby women are used by men as ‘fronts’ in order to secure financing on easier terms;
Amendment 99 #
2015/2111(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls on the European Union to invest in programmes to provide continuing training for women, both workers and entrepreneurs, constantly bringing their skills up to date and ensuring quality professional development, with particular reference to the commercial sector;
Amendment 46 #
2015/2105(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Opposes any form of negotiation involving the treatment of European agriculture as an expendable bargaining chip and; deplores the fact that such negotiations are increasingly common; warns of the cumulative effect of tariff concessions granted under different trade agreements; points out that a zero rate of duty is imposed on 71 % of all EU agri- food imports;
Amendment 83 #
2015/2105(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Takes the view that trade agreements should ensure a level playing field between the different trading partners in the agricultural sector, taking into account the high environmental, food safety and social costs to be met by European farmers, so as to ensure that the latter are able to benefit fully from the opening of new markets while protecting them from third country competitors that enjoy the advantage of lower production costs;
Amendment 99 #
2015/2105(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Considers that the protection of geographical indications should be a sine qua non in trade negotiations with third countries, especially the USA; regrets therefore that, under the trade agreement with Canada, a number of major denominations that enjoy protection at European level have been treated as generic or semi-generic; urges the Commission in this regard to give support during trade negotiations to those countries that have not yet introduced arrangements for the protection of geographical designations, so as to to create effective systems compatible with existing EU provisions;
Amendment 126 #
2015/2105(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses the importance of ensuring that in negotiating agreements with third countries there are no provisions that may reduce or weaken guarantees currently provided by the Union to consumers in the agri-food industry, particularly as regards the use of products derived from GMOs or cloning;
Amendment 31 #
2015/2103(INL)
Motion for a resolution
Recital E
Recital E
E. whereas at the same time the development of robotics and AI may result in a large part of the work now done by humans, not only manual but also intellectual work, being taken over by robots, so raising concerns about the future of employment and the viability of social security systems if the current basis of taxation is maintained, creating the potential for increased inequality in the distribution of wealth and influence;
Amendment 36 #
2015/2103(INL)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas robotics and AI that can perform similar tasks to those performed by humans should be used mainly to support and boost the abilities of man, as opposed to trying to replace the human element completely;
Amendment 51 #
2015/2103(INL)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas the increasingly widespread use of social media and smartphones, which are constantly collecting and generating data, is causing the volume of data produced all over the world, so-called ‘Big Data’, to grow exponentially, and whereas 90% of the data in circulation today has been generated in the last two years;
Amendment 146 #
2015/2103(INL)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Considers that companies that manufacture robots should also record in this register the algorithms used to programme intelligent machines;
Amendment 161 #
2015/2103(INL)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Considers it essential, in the development of robotics and AI, to guarantee that humans have control over intelligent machines at all times;
Amendment 163 #
2015/2103(INL)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Considers that when developing new intelligent machines, designers should always include status indicators that provide the user with information in real time, insofar as this is compatible with the design brief;
Amendment 165 #
2015/2103(INL)
Motion for a resolution
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Considers that in preservation of the fundamental principle of transparency, and to allow us to understand and be aware at all times of the decisions taken by intelligent machines, any robotic application capable of performing similar tasks to those performed by humans should be equipped with a ‘black box’ which records data on every transaction carried out by the machine, including the logic that contributed to its decisions;
Amendment 166 #
2015/2103(INL)
Motion for a resolution
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Highlights that the algorithms used to programme intelligent machines should be put together in line with a clear and precise code of ethics, which also allows robots capable of learning to respect ethical principles in the tasks they perform;
Amendment 176 #
2015/2103(INL)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Notes that to uphold these fundamental rights, ethics committees with special powers should be set up, perhaps as part of a European agency, and those committees should be able to take a holistic approach to the entire robotics research and development ecosystem;
Amendment 188 #
2015/2103(INL)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Considers that the use of robotics and AI for the purposes of warfare should be strongly limited and regulated;
Amendment 189 #
2015/2103(INL)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Considers that special care should be taken in preparing robots or AI to perform tasks in positions of authority, for example performing the functions of the police, prison wardens/guards or security guards, teachers or any other state or civil servant role;
Amendment 190 #
2015/2103(INL)
Motion for a resolution
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Considers that special attention should be paid to the use or creation of anthropomorphised intelligent machines that can forge emotional bonds with man, causing an emotional attachment or deception;
Amendment 191 #
2015/2103(INL)
Motion for a resolution
Paragraph 7 d (new)
Paragraph 7 d (new)
7d. Considers that special attention should be paid to robots that represent a significant threat to confidentiality owing to their placement in traditionally protected and private spheres and because they are able to extract and send personal and sensitive data;
Amendment 220 #
2015/2103(INL)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission and the Member States to ensure that, in the development of any EU policy on robotics, privacy and data protection, including metadata protection, guarantees are embedded in line with the principles of necessity and proportionality; calls, in this regard, on the Commission to foster the development of standards for the concepts of privacy by design and privacy by default, informed consent and encryption;
Amendment 295 #
2015/2103(INL)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Calls on the Commission to develop an analysis of the employment challenges and structural opportunities inherent in constant technological growth, and to accompany such growth with a suitable legislative framework which is easy to keep up-to-date;
Amendment 296 #
2015/2103(INL)
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23b. Highlights the importance of foreseeing changes to society following the new industrial revolution in robotics, and the need to start considering changing the working hours/income paradigm, creating new employment sustainability models, including through the introduction of a minimum citizens’ income;
Amendment 324 #
2015/2103(INL)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Considers, in any case, that responsibility must always lie with a human and never a robot;
Amendment 331 #
2015/2103(INL)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Considers that, as is the case with the insurance of motor vehicles, such an insurance system could be supplemented by a fund in order to ensure that reparation can be made for damage in cases where no insurance cover exists; this fund should be endowed by an annual fixed percentage to be paid by any private company that wishes to invest in the robotics sector; calls on the insurance industry to develop new products that are in line with the advances in robotics;
Amendment 338 #
2015/2103(INL)
Motion for a resolution
Paragraph 31 – point a a (new)
Paragraph 31 – point a a (new)
aa) introducing a suitable instrument for consumers who wish to collectively claim compensation for damages deriving from the malfunction of intelligent machines from the manufacturing companies responsible;
Amendment 342 #
2015/2103(INL)
Motion for a resolution
Paragraph 31 – point b
Paragraph 31 – point b
b) ensuring that a compensation fund, endowed by an annual fixed percentage paid by any private company that wishes to invest in the robotics sector, would not only serve the purpose of guaranteeing compensation if the damage caused by a robot was not covered by an insurance – which would in any case remain its primary goal – but also that of allowing various financial operations in the interests of the robot, such as investments, donations or payments made to smart autonomous robots for their services, which could be transferred to the fund;
Amendment 6 #
2015/2095(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Highlights that art. 80 TFUE defines how the policies of the Union shall be governed by the principle of solidarity and fair sharing of responsibility, including its financial implications, between the Member States;
Amendment 21 #
2015/2095(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Highlights, that in order to effectively tackle criminal networks of smugglers and traffickers, the EU needs legal and safe ways for both economic migrants and asylum seekers to reach Europe;
Amendment 22 #
2015/2095(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Stresses that the EU and its Member States should also move beyond emergency or crisis responses, and envisage thus foreign and development policies that better address the persistent structural issues that lead to massive flows of migration;
Amendment 29 #
2015/2095(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Deplores that in some Members States a series of serious frauds and administrative irregularities, often perpetrated with the involvement of organised crime, took place in the management of some asylum-seeker reception centres, resulting both in the misuse of European funds and in the further worsening of the living conditions and protection of the human rights of migrants;
Amendment 34 #
2015/2095(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Supports the allocation of the designated amounts from the European Regional Development Fund (ERDF) during 2014- 2020 programming period to help with the integration of migrants and, in particular, the use of the ERDF for emergency measures concerning their accommodation; welcomes, moreover, the flexibility promised by the European Commission regarding the eligibility under the ERDF of a wide array of actions, from the opening of reception centres, mobile hospitals, water supply and sanitation facilities, to children care infrastructures and support for the creation of new enterprises;
Amendment 25 #
2015/2074(BUD)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses the enormous practical difficulties caused by late payment, creating unacceptable financial, administrative and managerial complications for the national, regional and local authorities called on to make advance payments to beneficiaries and even greater hardship for the beneficiaries themselves if they do not receive from the authorities advances on amounts due from the Commission;
Amendment 30 #
2015/2074(BUD)
Draft opinion
Paragraph 5
Paragraph 5
5. Demands that the payment plan to be agreed between Parliament, the Council and the Commission, in line with the joint statement of December 2014 of the Parliament and of the Council in the framework of the agreement reached on 2014 and 2015 budgets, be implemented without any further delay; hopes that the Commission will provide as soon as possible operative details of the above payment plan; calls, to this end, for sufficient payment appropriations to be provided under heading 1b within the 2016 budget, with a view to decreasing the level of the backlog as much as possible by the end of the year; underlines the urgency of addressing this issue in a proper way, as the situation of outstanding payments undermines the credibility, effectiveness and sustainability of the policy.
Amendment 36 #
2015/2074(BUD)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the European Commission to develop immediately an operative strategy taking into account the major problems encountered in the previous programming period (2007-2013) in order to avoid any accumulation of late payments under this programme.
Amendment 1 #
2015/2065(INI)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
- having regard to the European Parliament's Written Declaration 0088/2007 'Investigating and remedying the abuse of power by large supermarkets operating in the European Union',
Amendment 16 #
2015/2065(INI)
Motion for a resolution
Recital D
Recital D
D. whereas significant structural changes have taken place in the business-to- business (B2B) food supply chain in recent years, involving concentration and horizontal, cross border and vertical integration of entities operating in the production, processing and retail sectors;
Amendment 28 #
2015/2065(INI)
Motion for a resolution
Recital E
Recital E
E. whereas UTPs occur where there is a lack of economic balance in trading relations between partners in the food supply chain, resulting fromfood supply chain actors such as farmers and suppliers on one hand, and manufacturers, processors and retailers on the other hand, lead to bargaining power disparities in business relations and constituting a serious disturbance to market balance;
Amendment 35 #
2015/2065(INI)
Motion for a resolution
Recital F
Recital F
F. whereas unfair practices may have harmful consequences for the food supply chain, which in turn may havehas a detrimental impact on the entire EU economy; whereas UTPs may discourage cross-border trade in the EU and hinder the proper functioning of the internal market; whereas unfair practices can result in particular in enterprises cutting back on investment and innovation owing to a reduction in income and a lack of certainty, and may lead them to abandon production, processing or trading activities;
Amendment 42 #
2015/2065(INI)
Motion for a resolution
Recital G
Recital G
G. whereas UTPs are an obstacle to the development and smooth functioning of the internal market and seriously disrupt market mechanisms;
Amendment 44 #
2015/2065(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas such squeezes on suppliers have negative knock-on effects on both quality of employment and environmental protection;
Amendment 45 #
2015/2065(INI)
Motion for a resolution
Recital G b (new)
Recital G b (new)
Gb. whereas consumers potentially face a loss in product diversity, cultural heritage and retail outlets as a result of UTPs;
Amendment 46 #
2015/2065(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Recognises that the power gaps arising from a highly concentrated market place producers in a very weak position; believes that the stronger parties in contracts should be prevented from exploiting that position to offload corporate risk onto the weaker parties in contracts;
Amendment 61 #
2015/2065(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Doubts whether voluntary initiatives are adequate for addressing UTPs and the acknowledged ‘fear factor’ in the supply chain arising from the imbalance of power between farmers and retailers; believes, therefore, that the appropriate legal safeguards must be provided in the mainstream judicial system;
Amendment 75 #
2015/2065(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. WelcomNotes the steps taken to date by the Commission to combat UTPs with a view to securing a more balanced market;
Amendment 87 #
2015/2065(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the setting upReserves judgement – pending the provision of detailed statistics by the Commission – on the effectiveness of the Supply Chain Initiative, which has resulted in the adoption of a set of principles of good practice in B2B relations in the food supply chain and a voluntary framework for the implementation of those principles; believes that efforts to promote fair trading practices in the food supply chain can make a real impact;
Amendment 88 #
2015/2065(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the setting up of the Supply Chain Initiative, which has resulted in the adoption of a set of principles of good practice in B2B relations in the food supply chain and a voluntary framework for the implementation of those principles; believes that efforts to promote fair trading practices in the food supply chain can make a real impact; nevertheless notes that groups representing farmers have chosen not to participate because there is no enforcement mechanism nor mechanism for confidential complaints;
Amendment 94 #
2015/2065(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the principles of good practice and the list of examples of fair and unfair practices in vertical relations in the food supply chain; shares the view that these standards now need to be enforced, however, that the voluntary nature of these practices means they do not provide a sufficiently effective solution;
Amendment 105 #
2015/2065(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the development of alternative and informal mechanisms for dispute settlement and redress, in particular through mediation and amicable arrangements; nevertheless considers that suitable legal protection needs to be provided by the mainstream judicial system;
Amendment 117 #
2015/2065(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes that several Member States have initiated actions in national law to address the concerns of primary producers regarding the negative impact of UTPsthe regulatory framework is currently extremely fragmented across the EU, and that while some Member States have taken unsatisfactory action or none at all, others have initiated actions in national law to address the concerns of primary producers regarding the negative impact of UTPs; asks the Commission to assess these national efforts with a view to selecting best practices for application at EU level; asks the Commission to assess these national efforts with a view to selecting best practices for application at EU level; notes in particular the Groceries Code Adjudicator in the UK as a potential model for adaptation at EU level;
Amendment 119 #
2015/2065(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Confirms the existence of UTPs in the food supply chain and acknowledges that they are contrary to the basic principles of law and stem from imbalances of power in a highly concentrated market;
Amendment 120 #
2015/2065(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Confirms the existence of UTPs in the food supply chain and acknowledges that they are contrary to the basic principles of law; recognises that these basic principles should include prohibiting the stronger party in a contract from offloading corporate risk onto the weaker party in a contract;
Amendment 130 #
2015/2065(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Draws attention to the recent phenomenon of ‘private labels’, which allows distributors to be both the customers and the competitors of their own suppliers; stresses that there is a risk of this practice significantly limiting freedom of competition, both by compromising producers’ bargaining power and by considerably restricting the freedom of consumers by reducing their choice of products and making it difficult for them to compare prices effectively, which will prejudice the proper functioning of the market;
Amendment 139 #
2015/2065(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Points out that UTPs imposed by parties in a stronger bargaining position clearly have a negative impact; stressesPoints out that UTPs can hamper investment and product innovationimposed by parties in a stronger bargaining position clearly have a negative impact and limit consumers' actual freedom of choice;
Amendment 142 #
2015/2065(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Points out that UTPs imposed by parties in a stronger bargaining position clearly have a negative impact; stresses that UTPs can hamper investment and product innovation, and have a detrimental effect on product quality; in addition that UTPs lead to uncertainty in production which can also lead to overproduction and unnecessary food wastage;
Amendment 151 #
2015/2065(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Believes that rapidly-enacted framework legislation at EU level is essential to tackle UTPs and to address their negative consequences for farmers; urges the Commission to consider this when assessing the SCI;
Amendment 152 #
2015/2065(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Believes that the Supply Chain Initiative and other national and EU voluntary systems (codes of good practice, voluntary dispute settlement mechanisms) should be further developed and impromoted; encouragesved so as to overcome the current reticence on the part of producers and traders to become involved in such initiatives; takes the view that they should play a leading role in efforts to combat UTPs;
Amendment 165 #
2015/2065(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Acknowledges, nonetheless, that voluntary and self-regulatory schemes are not enough to put an end to UTPs once and for all, owing to the lack of effective enforcement mechanisms, scant producer participation, conflicts of interest between the parties concerned and the absence of any concrete penalties for non- compliance;
Amendment 175 #
2015/2065(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Stresses that action to combat UTPs will help to ensure the proper functioning of the internal market and to develop cross- border trading in the EU; points out that a fragmented market leads to regulatory uncertainty for those involved and thus creates an imbalance in surplus distribution along the value chain in the various countries concerned;
Amendment 178 #
2015/2065(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Stresses that action to combat UTPs will help to ensure the proper functioning of the internal market and to develop cross- border trading within the EU and with third countries;
Amendment 198 #
2015/2065(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Reaffirms that free and fair competition, freedom to contract and properstrong and effective enforcement of the relevant legislation to protect all entities in the food supply chain, irrespective of geographical location are of key importance in ensuring the proper functioning of the food supply chain;
Amendment 207 #
2015/2065(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Welcomes the Commission's acknowledgement in its Green paper of 31 January 2013 that there is no true contractual freedom where there is marked inequality between parties;
Amendment 208 #
2015/2065(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Points out that the regulatory framework is extremely fragmented across the EU, and that while some Member States have adopted specific measures, others have taken unsatisfactory action or none at all;
Amendment 213 #
2015/2065(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Urges the Commission to submit specific proposals for EUbasic EU-level framework legislation bannprohibiting UTPs in the food supply chain that will enable markets to operate as they should and fair and transparent relations to be maintained between food producers, suppliers and distributors;
Amendment 236 #
2015/2065(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Suggests that work should begin on EU rules on the establishment or recognition of national public agencies with responsibility for enforcing laws to combat unfair practices in the food supply chain; takes the view that public agencies of this kind should be empowered to conduct investigations on their own initiative andor on the basis of informal information andor complaints dealt with on a confidential basis (thus overcoming the fear factor), as well as to impose penalties;
Amendment 237 #
2015/2065(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Suggests that work should begin on EU rules on the establishment or recognition of national public agencies with responsibility for enforcing laws to combat unfair practices in the food supply chain; takes the view that public agencies of this kind should be empowered to conduct investigations on their own initiative and on the basis of informal information and complaints dealt with on a confidential basis (thus overcoming the fear factor), as well as to impose penalties; The issue of unfair trading practices in the supply chain has the been the subject of 5 European Parliament resolutions including 3 specifically on imbalances and abuses in the food supply chain, since 2009; further notes that the European Commission has produced 3 Communications, one Green paper and commissioned two Final Reports on similar subjects in the same timeframe; on this basis declares that yet more analysis on the state of UTPs in the food supply chain will merely delay the pressing need for action to help all food supply chain actors address UTPs. Therefore recommends that work should begin swiftly on a Directive based on Article 114 TFEU providing for the establishment or recognition of national public agencies with responsibility for enforcing laws to combat unfair practices in the food supply chain; takes the view that the EU should establish minimum standards for principles, including an open list of outlawed UTPs, and operational procedures regarding investigations undertaken by such agencies on their own initiative and on the basis of informal information and complaints dealt with on a confidential basis (thus overcoming the fear factor), as well as to impose dissuasive penalties of amounts sufficient to ensure that no enterprise can profit from imposing UTPs; Such a Directive should also provide for a single European market coordination forum to enable national enforcement bodies to provide advice, facilitate exchange of good practice and information, cooperate on cross border cases, analyse new forms of UTPs and where appropriate, cooperate in setting and imposing penalties in cases involving operators from more than one Member State. Such public agencies should be sufficiently staffed and funded, and also coordinate with relevant enforcement bodies in Member States and in third countries;
Amendment 255 #
2015/2065(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls for due account to be taken, when drafting rules in this area, of the specific features of each market and the legal requirements obtaining on it, the different situations and approaches in individual Member States, the degree of consolidation or fragmentation of individual markets, and other significant factors, while also capitalising upon the measures already taken in some Member States that are proving to be effective; takes the view that such regulatory efforts should ensure that there is relatively broad discretion to tailor the measures to be taken to the specific features of each market and should be based on the general principle of improving enforcement by involving the relevant public agencies;
Amendment 261 #
2015/2065(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Recognises that self regulation, EU and Member State legislation as well as independent adjudicators and dispute resolution entities can all co-exist and work together to end UTPs in the food supply chain;
Amendment 311 #
2015/2065(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the setting upExpresses doubts as to the Commission's assessment of the effectiveness of the Supply Chain Initiative, which has resulted in the adoption of a set of principles of good practice in B2B relations in the food supply chain and a voluntary framework for the implementation of those principles; believes that efforts to promote fair trading practices in the food supply chain can make a real impact; regrets, in particular, as regards the collection of data relating to complaints received and resolved, that a more detailed analysis has not been carried out, in terms of both quantity and quality, to understand what types of operators have resorted to this option and whether large distributors or SMEs have benefited more greatly; believes that the failure to carry out such an in-depth assessment could undermine the overall judgment of the initiative;
Amendment 330 #
2015/2065(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the setting up of national platforms of organisations and businesses in the food supply chain to promote fair trading practices and seek to put an end to UTPs; regrets, however, that in assessing the effectiveness of the Supply Chain Initiative, cross-border trading practices between stakeholders in different countries, which remain outside the area of responsibility of the national platforms, have not been sufficiently taken into consideration; stresses that in order to build an efficient European single market it is vital not to neglect this aspect, on which there is a lack of data, also concerning the negative impact on producers' income;
Amendment 6 #
2015/2053(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Considers that the lack of an EU unitary system for the protection of geographical indications relating to non-agricultural products creates a highly fragmented situation in Europe, arising from different national and local, sectoral or transversal rules, which have distorting effects, which hamper the harmonious development of the common market, as well as homogeneous protection of Europe's economic interests and cultural heritage and effective competition on equal terms, which prevent consumers from receiving accurate, truthful and comparable information and which are an obstacle to consumer protection;
Amendment 13 #
2015/2053(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Welcomes, therefore, the publication of the Green Paper (COM(2014)469) by the Commission and looks favourably upon the possible extension of the European Union’sis in favour of the European Union’s system of protection based on geographical indications tobeing extended to cover non- agricultural products;
Amendment 22 #
2015/2053(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Considers that this system should be based on the general principles governing the system in force for agricultural and food products, and calls on the Commission to learn the necessary lessons from the experience gained in that sector, with the aim of creating a system based on best practices and transparent and non- discriminatory principles, and which is effective, responsive and free of unnecessary administrative burden for the operators involved and includes appropriate means of dealing with fraud;
Amendment 38 #
2015/2053(INI)
Draft opinion
Paragraph 6 – indent 1
Paragraph 6 – indent 1
- protect consumers more effectively and help them to make better informed choices about buying products, increasing transparency, furnishing more information about quality and origin and, ensuring traceability and obviating the risk of them being misled by false or misleading names or descriptions;
Amendment 43 #
2015/2053(INI)
Draft opinion
Paragraph 6 – indent 1 a (new)
Paragraph 6 – indent 1 a (new)
- help, in particular, small and micro- enterprises, which are the source of close to 80% of the typical locally made products that could be protected under the geographical indications system; this would give them an opportunity to boost sales by means of more effective marketing operations and an incentive to cooperate more closely, given the collective nature of the scheme;
Amendment 49 #
2015/2053(INI)
Draft opinion
Paragraph 6 – indent 2
Paragraph 6 – indent 2
- help effectively to combat counterfeiting, fraudulent use of the name of a geographical origin and other unfair practices which mislead the final consumer and cause harm, most of all, to micro and medium-sized enterprises which produce the vast majority of the products that could potentially receive protection and have an adverse impact on exports and on investment in research and innovation;
Amendment 59 #
2015/2053(INI)
Draft opinion
Paragraph 6 – indent 4
Paragraph 6 – indent 4
- promote the development of new, skilled employment with links to local areas, with particular reference to depressed areas and to the poorest regionmost marginal regions, in many of which employment is dependent on typical locally made products, imparting a fresh impetus to vocational and craft training closely connected, which is central to the development of localities and production areas;
Amendment 61 #
2015/2053(INI)
Draft opinion
Paragraph 6 – indent 5
Paragraph 6 – indent 5
- help to increase the overall attractiveness of an area and to preserve local identities, as well as facilitating the generation of useful synergies to promote local areas and their distinctiveness, with consequent benefits also from the point of view of tourism, culture and trade, and making the most of the strong link between products and the specific geographical area in which they are produced;
Amendment 65 #
2015/2053(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Considers that the new system, as happened in the past withwhich would take over the best features of the system currently in place for agrofood products, should represent a guarantee which is intuitively perceptible to consumers who seek high-quality products, regarding authenticity and origin, based on reliable and clear information;
Amendment 84 #
2015/2053(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Considers that the system must be based on compliance with a clear product specification, as in the case of agrofood products, but without druling out the possibility of innovation where this couraging innovationld result in greater efficiency without diminishing the product's quality or distinctiveness.
Amendment 8 #
2015/2052(INI)
Motion for a resolution
Recital A
Recital A
A. whereas cohesion policy is first and foremost a Treaty-based policy, aimed at strengthening economic, social and territorial cohesion in the Union, and in particular at reducing disparities between the levels of development of the various regions, and whereas the macroconditionality principle is liable to jeopardise achievement of those objectives;
Amendment 59 #
2015/2052(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls for the investment clause to be revised to allow regional and national investments made as cofinancing for EU funding (ESI funds and the Connecting European Facility) not to be included in the calculation of national public deficits;
Amendment 79 #
2015/2052(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Stresses that any reprogramming would entail significant bureaucratic and administrative burdens for the national, regional and local authorities concerned;
Amendment 92 #
2015/2052(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Does not accept that the inability to properly address macroeconomic issues at national level may penalise subnationregional and local authorities or call into question the territorial approach of cohesion policy, considering also that the increase in public debt principally stems from central government activities, as was recognised, moreover, in the Sixth Report on Cohesion (Chapter 4.3.6);
Amendment 4 #
2015/2013(BUD)
Draft opinion
Paragraph 5
Paragraph 5
5. Is concerned that a high proportion of programmes is still pending adoption, and considers essential that all programmes are adopted and rolled out as soon as possible, so that the implementation of the policy suffers no further delays; calls for a decisive change concerning inter- institutional coordination, and namely between the European Commission, Member States and regional authorities in order to avoid the same problems in the next programming period;
Amendment 1 #
2015/2011(BUD)
Draft opinion
Paragraph 1
Paragraph 1
1. SDoes not supports the Commission's proposal on the DAB 1/2015, which proposes the provisioning of a guarantee fund and possible calls on a EUnion guarantee, as well as the budgeting of appropriations for the provision of advisory support, in line with the legislative proposal for a Regulation of the European Parliament and of the Council on the European Fund for Strategic Investments (EFSI); deems that the rationale of the entire Regulation of the European Parliament and of the Council on the European Fund for Strategic Investments (EFSI), and the instruments proposed, are not only unable to fulfil the objectives therein stated but also potentially detrimental to the social, economic and territorial cohesion of the Union;
Amendment 5 #
2015/2011(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Reiterates the role of the Union budget in creating added value by pooling resources andbut expresses its concern regarding its contributiong to the multiplying effect of Union spending; does not supports the mobilisation of additional sources of private and public finance to fund investment on goals of a European dimension, in particularnotably by addressing cross- border challenges in areas such aslike energy and transport infrastructure;
Amendment 10 #
2015/2011(BUD)
Draft opinion
Paragraph 4
Paragraph 4
4. Emphasises, however, the need to ensure transparency, accountability and scrutiny for financial instruments or any other mechanisms that involve the EUnion budget, and in particular the EFSIdeeply regrets that these issues have not been taken duly into consideration in the whole EFSI Regulation; recalls the need for thorough and regular assessment of the functioning of such instruments and their contribution to the achievement of the Union strategy for smart, sustainable and inclusive growth;
Amendment 13 #
2015/2007(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas a recent study authorised by the European Commission has revealed that less than 30 % of the ICT sector workforce is female, and that only 3 % of female graduates have a degree in ICT, with respect to 10 % of male graduates1 a; __________________ 1ahttps://ec.europa.eu/digital- agenda/en/news/women-active-ict-sector
Amendment 15 #
2015/2007(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
A b. whereas only 9 % of developers in Europe are women, only 19 % of bosses in the ICT and communications sectors are female (with respect to 45 % in other services sectors) and women represent just 19 % of entrepreneurs (with respect to 54 % in other services sectors)2 a ; __________________ 2ahttps://ec.europa.eu/digital- agenda/en/news/women-active-ict-sector
Amendment 48 #
2015/2007(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas women face numerous difficulties in integrating in the ICT sector, causing them greater levels of stress and contributing increasingly to the so-called ‘leaky pipeline’ phenomenon in which they leave the sector mid-career;
Amendment 52 #
2015/2007(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. whereas digitalisation favours the promotion of direct democracy via the web, thereby permitting women to be more involved in politics and improving their access to information;
Amendment 53 #
2015/2007(INI)
Motion for a resolution
Recital G b (new)
Recital G b (new)
G b. whereas the partnership of digitalisation and direct democracy provides women with more opportunities to get involved directly, outside of traditional political schemes, and participate fully and in a comprehensive manner;
Amendment 61 #
2015/2007(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
H a. whereas 18 % of women in Europe have suffered some form of ill-treatment since adolescence as a result of knowledge made public on the internet, and there have been nine million victims of online violence in Europe;
Amendment 96 #
2015/2007(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission and the Member States to make better use of the considerable potential that digitalisation has at all levels of political participation and the inclusion of women in decision- making processes; highlights the major opportunities that digitalisation holds with respect to access to information, decision-making processes, transparency and greater government accountability;
Amendment 101 #
2015/2007(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Calls on the Commission and Member States to promote digitalisation in politics in order to ensure proper direct democracy and the direct involvement of women and citizens, thereby overcoming out-dated schemes and obstacles that cause difficulties for women attempting to establish themselves in electoral and institutional environments;
Amendment 102 #
2015/2007(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Calls on Member States to adopt online voting methods for electoral consultations, in order to eliminate logistical barriers which remain even today, particularly for women, and to reduce the costs of building polling stations, thereby furthermore circumventing the need to use public facilities and interrupt the services provided therein, such as school activities;
Amendment 108 #
2015/2007(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Calls on Member States to consult their citizens directly on legislative decisions by means of digital solutions, thereby enabling women to promote the public’s interests with greater energy and in the process overcome the gap that exists between men and women in relation to public administration;
Amendment 126 #
2015/2007(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Considers that access to free broadband for all would grant increased possibilities for women to access the labour market, in addition to a series of further advantages with regards to environmental, economic and social matters, and would contribute to social inclusion for persons with low and very low income;
Amendment 133 #
2015/2007(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Calls on Member States to invest in digital working practices that would enable women to more readily and effectively reconcile their private life with their working life and more smartly manage their time, thanks to teleworking;
Amendment 146 #
2015/2007(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Emphasises the value of women being able to access online training courses to improve their personal qualifications, in light of logistical travel issues and/or economic difficulties in accessing more expensive classroom courses, with the same results being achieved;
Amendment 156 #
2015/2007(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Calls on the Commission and Member States to implement programmes targeted at parents in order to familiarise them with the ICT technologies used by their children, thereby improving adults’ awareness of the potential encounters and relationships that can occur online, and reducing the generational gap that exists with regards to the ICT sector;
Amendment 192 #
2015/2007(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22 a. Emphasises the fact that the rapid diffusion of smartphones and increasing internet access amongst children, girls and women represents, on the one hand, an optimum source of emancipation and knowledge, but on the other hand poses the risk that these tools will be used to expose girls to harmful sexist insults (that are, in some cases, difficult to erase) and blackmail, with so-called revenge porn being one outcome of this; highlights therefore the need to increase measures to protect women and girls from cyber abuse;
Amendment 201 #
2015/2007(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24 a. Calls on the Commission and Member States to promote free and anonymous support services with female staff that can be accessed via the internet and/or by telephone, available to women who become trapped in a web of online grooming and are blackmailed and forced to suffer violence and abuse, scarring them for the rest of their lives;
Amendment 217 #
2015/2007(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26 a. Calls on the Commission and Member States to tighten monitoring of internet grooming by terrorist groups which recruit young women and force them into marriage or prostitution in third countries;
Amendment 70 #
2015/0288(COD)
Proposal for a directive
Title 1
Title 1
Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on certain aspects concerning contracts for the online and other distance sales of goodssale of goods and repealing Directive 1999/44/EC (Text with EEA relevance)
Amendment 73 #
2015/0288(COD)
Proposal for a directive
Recital 1
Recital 1
(1) In order to remain competitive on global markets, the Union needs to successfully answer the multiple challenges raised today by an increasingly technologically-driven economy. The Digital Single Market Strategy38 lays down a comprehensive framewguidelines fork facilitating the integration of the digital dimension into the Single Market. The first pillar of the Strategy tackles fragmentation in intra-EU trade by approaching all major obstacles to the development of cross-border e- commerce. _________________ 38 COM(2015) 192 final.
Amendment 85 #
2015/0288(COD)
Proposal for a directive
Recital 4
Recital 4
(4) WThile online sales of goods constitute the vast majority of distance sales in the Union, this Directive should cover alls Directive should cover all sales channels, both for face-to-face sales and for distance sales channels, including phone and mail orders, in order to avoid any unjustifiedivergences in the rules and distortions of competition and to create a level playing field for all businesses selling at a distance, which serve to create uncertainties and make consumers less inclined to buy.
Amendment 90 #
2015/0288(COD)
Proposal for a directive
Recital 5
Recital 5
(5) The Union rules applicable to the online and other distance sales of goods are still fragmented, although Directive 2011/83/EC has harmonised the rules on pre- contractual information requirements, the right of withdrawal and delivery conditions havfor distance salready been fully harmonisedes and other contracts. Other key contractual elements such as the conformity criteria, the remedies and modalities for their exercise for goods which do not conform to the contract are subject to minimum harmonisation in Directive 1999/44/EC of the European Parliament and of the Council39 . Member States have been allowed to go beyond the Union standards and introduce rules that ensure an even higher level of consumer protection. Having done so, they have acted on different elements and to different extents. Thus, national provisions transposing the Union legislation on consumer contract law significantly diverge today on essential elements of a sales contract, such as the absence or existence of a hierarchy of remedies, the period of the legal guarantee, the period of the reversal of the burden of proof, or the notification of the defect to the seller. _________________ 39 Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees, OJ L 171, 7.7.1999, p. 12.
Amendment 96 #
2015/0288(COD)
Proposal for a directive
Recital 7
Recital 7
(7) While consumers enjoy a high level of protection when they purchase online or otherwise at a distance from abroad as a result of the application of Regulation (EC) No 593/2008, fragmentation also impacts negatively on consumers’ levels of confidence in e- commerce. While several factors contribute to this mistrust, uUncertainty about key contractual rights ranks prominently among consumers’ concerns. This uncertainty exists independently of whether or not consumers are protected by the mandatory consumer contract law provisions of their own Member State in the case where a seller directs his cross- border activities to them or whether or not consumers conclude cross-border contracts with a seller without the respective seller pursuing commercial activities in the consumer's Member State.
Amendment 103 #
2015/0288(COD)
Proposal for a directive
Recital 8
Recital 8
(8) In order to remedy those problems, businesses and consumers should be able to rely on a set of fully harmonised, targeted rules for the online and othersale of goods, including online sales and the other types of distance sales of goods. Uniform rules are necessary in relation to several essential elements of consumer contract law which under the current minimum harmonisation approach have led to disparities and trade barriers across the Union.
Amendment 109 #
2015/0288(COD)
Proposal for a directive
Recital 9
Recital 9
(9) Fully harmonised consumer contract law rules will make it easier for traders to offer their products in other Member States. Businesses will have reduced costs as they will no longer need to take account of different consumer mandatory rules. They will enjoy more legal certainty when selling at a distance to other Member States through a stable contract law environment.
Amendment 114 #
2015/0288(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Increased competition among retailers is likely to result in wider choices at more competitive prices being offered to consumers. Consumers will benefit from a high level of consumer protection and welfare gains through targeted fully harmonised rules. This in turn would increase their trust in the cross-border commerce at a distance and in particular online. Consumers will more confidently buy at a distance cross-border knowing they would enjoy the same rights across the Union.
Amendment 120 #
2015/0288(COD)
Proposal for a directive
Recital 11
Recital 11
(11) This Directive covers rules applicable to the online and othersale of goods, including online sales and the other types of distance sales of goods, only in relation to key contract elements needed to overcome contract- law -related barriers in the Single Market and the Digital Single Market. For this purpose, rules on conformity requirements, remedies available to consumers for lack of conformity of the goods with the contract and modalities for their exercise should be fully harmonised and the level of consumer protection, as compared to Directive 1999/44/EC, should be increased.
Amendment 130 #
2015/0288(COD)
Proposal for a directive
Recital 14
Recital 14
(14) This Directive should not affect contract laws of Member States in areas not regulated by this Directive. Member States should also be free to provide more detailed conditions in relation to aspects regulated in this Directive to the extent that those are not fully harmonised by this Directive: this concerns, for example, limitation periods for exercising the consumers' rights, commercial guarantees, and the right of redress of the seller. To afford the necessary protection to retailers, Member States should, in addition, consider whether commercial guarantees and legal guarantees might be couched in identical terms.
Amendment 134 #
2015/0288(COD)
Proposal for a directive
Recital 15
Recital 15
(15) Where referring to the same concepts, the rules of this Directive should be applied and interpreted in a manner consistent with the rules of Directive 1999/44/EC and Directive 2011/83/EU of the European Parliament and of the Council41 as interpreted by the case law of the Court of Justice of the European Union. _________________ 41 Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council, OJ L 304, 22.11.2011, p. 64.
Amendment 137 #
2015/0288(COD)
Proposal for a directive
Recital 18
Recital 18
(18) In order to balance the requirement of legal certainty with an appropriate flexibility of the legal rules, any reference to what can be expected ofrom or by a personarty to a contract in this Directive should be understood as a reference to what can reasonably be expected. The standard of reasonableness should be objectively ascertained, having regard to the nature and purpose of the contract, to the circumstances of the case and to the usages and practices of the parties involved. In particular, the reasonable time for completing a repair or replacement should be objectively ascertained, having regard to the nature of the goods and the lack of conformity.
Amendment 142 #
2015/0288(COD)
Proposal for a directive
Recital 20
Recital 20
(20) A large number of consumer goods are intended to be installed before they can be usefully used by the consumer. Therefore any lack of conformity resulting from an incorrect installation of the goods should be regarded as a lack of conformity with the contract where the installation was performed by the seller or under the seller's control, as well as where the goods were installed by the consumer but the incorrect installation is due to incomplete, missing, or incorrect installation instructions.
Amendment 147 #
2015/0288(COD)
Proposal for a directive
Recital 21 a (new)
Recital 21 a (new)
(21a) Advertisements and pre- contractual information should be intrinsic to the conformity of a product. Where the seller, be it in his shop, on his website, or on social media pages linked to that website, publicises a way of using the product that is found to be impossible, the product should be considered non- conforming, irrespective of the fact that it might be in perfect working order, unless the seller proves that he had no knowledge of that advertising.
Amendment 165 #
2015/0288(COD)
Proposal for a directive
Recital 26
Recital 26
(26) In order to allow businesses to rely on a single set of rules across the Union, it is necessary to fully harmonise the period of time during which the burden of proof for the lack of conformity is reversed in favour of the consumer. Within the first two years, in order to benefit from the presumption of lack of conformity, the consumer should only establish that the good is not conforming, without needing to demonstrate that the lack of conformity actually existed at the relevant time for establishing conformity. In order to increase legal certainty in relation to available remedies for lack of conformity with the contract and in order to eliminate one of the major obstacles inhibiting the Digital Single Market, a fully harmonised order in which remedies can be exercised should be provided for. In particular, the consumer should enjoy a choice between repair or replacement as a first remedy which should help in maintaining the contractual relation and mutual trust. Moreover, enabling consumers to require repair should encourage a sustainable consumption and could contribute to a greater durability of products. To enable the circular economy genuinely to develop, good practices such as recycling, reuse, and repair should be fully taken into account by producers when developing products, as laid down in Directive 2009/125/EC establishing a framework for the setting of ecodesign requirements for energy-related products.
Amendment 171 #
2015/0288(COD)
Proposal for a directive
Recital 27
Recital 27
(27) The consumer's choice between repair and replacement should only be limited where the optionremedy chosen would be disproportionate compared to the other optionalternative remedy available, impossible or unlawful. For instance, it might be disproportionate to request the replacement of goods because of a minor scratch where this replacement would create significant costs while, at the same time,to the seller and the scratch could easily be repaired.
Amendment 172 #
2015/0288(COD)
Proposal for a directive
Recital 28
Recital 28
(28) Where the seller has not remedied the lack of conformity through repair or replacement without significant inconvenience for the consumer and within a reasonable time, the consumer should be entitled to a price reductione month after the consumer has returned the non-con for to terminate the contract. In particular any repair or replacement needs to be successfully accomplished within this reasonable period. What is a reasonable time should be objectively ascertained considering the nature of the goods and the lack of conformityming goods, the consumer should be entitled to a price reduction or to terminate the contract. If upon the lapse of the reasonable periodone month, the seller has failed to successfully remedy the lack of conformity, the consumer should not be obliged to accept any further attempts by the seller in relation to the same lack of conformity.
Amendment 181 #
2015/0288(COD)
Proposal for a directive
Recital 29
Recital 29
(29) Considering that the right to terminate the contract due to the lack of conformity is an important remedy applicable where repair or replacement areis not feasible or haves failed, the consumer should also enjoy the right to terminate the contract in cases where the lack of conformity is not minor. This would provide a strong incentive to remedy all cases of a lack of conformity at an early stage. In order to make the right to terminate effective for consumers, in situations where the consumer acquires multiple goods, some being an accessory to the main item which the consumer would not have acquired without the main item, and the lack of conformity impacts that main item, the consumer should have the right to terminate the contract also in relation to the accessory elements, even if the latter are in conformity with the contract.
Amendment 186 #
2015/0288(COD)
Proposal for a directive
Recital 32
Recital 32
(32) In order to increase legal certainty for sellers and overall consumer confidence in cross-border purchases it is necessary to harmonise the minimum period during which the seller is held liable for any lack of conformity which exists at the time when the consumer acquires the physical possession of goods. Considering that the large majority of Member States have foreseelaid down a two-year period when implementing Directive 1999/44/EC and in practice this is considered by market participants as a reasonable period, this periominimum standard should be maintained.
Amendment 197 #
2015/0288(COD)
Proposal for a directive
Recital 38
Recital 38
(38) Directive 1999/44/EC should be amended to exclude distance sales contracts from its scope of applicationrepealed.
Amendment 199 #
2015/0288(COD)
Proposal for a directive
Recital 42
Recital 42
(42) Since the objectives of this Directive, namely to contribute to the functioning of the internal market by tackling in a consistent manner contract law-related obstacles for the online and othersale of goods, including online sales and the other types of distance sales of goods, cannot be sufficiently achieved by the Member States but can rather be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. 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 those objectives.
Amendment 203 #
Amendment 205 #
2015/0288(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive lays down certain requirements concerning contracts for the sale of goods, including distance sales contracts, concluded between the seller and the consumer, in particular rules on conformity of goods, remedies in case of non-conformity and the modalities for the exercise of these remedies.
Amendment 209 #
2015/0288(COD)
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
Amendment 210 #
2015/0288(COD)
Proposal for a directive
Article 1 – paragraph 3
Article 1 – paragraph 3
Amendment 217 #
2015/0288(COD)
Proposal for a directive
Article 1 – paragraph 4
Article 1 – paragraph 4
Amendment 234 #
2015/0288(COD)
Proposal for a directive
Article 2 a (new)
Article 2 a (new)
Article 2a Scope 1. This Directive shall apply to all sale contracts concluded between a consumer and a seller. 2. This Directive shall not apply to distance contracts for the provision of services. However, in case of sales contracts providing both for the sale of goods and the provision of services, this Directive shall apply to the part relating to the sale of goods. 3. This Directive shall not apply to any durable medium incorporating digital content where the durable medium has been used exclusively as a carrier for the supply of the digital content to the consumer. 4. In so far as not regulated therein, this Directive shall not affect national general contract laws such as rules on formation, the validity or effects of contracts, including the consequences of the termination of a contract.
Amendment 248 #
2015/0288(COD)
Proposal for a directive
Article 4 – paragraph 1 – point c a (new)
Article 4 – paragraph 1 – point c a (new)
(ca) meet the quality and performance standards indicated in advertising material , including that available on the business premises, on the relevant website or on social media pages linked to the seller, unless the seller shows that he has not been informed thereof.
Amendment 264 #
2015/0288(COD)
Proposal for a directive
Article 5 a (new)
Article 5 a (new)
Article 5a Hidden defects 1. A hidden defect shall be understood to be a defect that makes the product unfit for its intended use, or impedes its use in such a way that the consumer would not have bought the product or would have paid a lower price. 2. The seller is liable to the consumer for any hidden defect if the following conditions are also met: (a) the defect is not immediately visible or evident; (b) the product was defective prior to purchase; (c) the defect is such as to render the product wholly or partly unserviceable. 3. If conditions (a), (b) and (c) of paragraph 2 are met, the consumer may terminate the contract or seek payment of an amount corresponding to the loss in the product's value in use, even if the consumer discovers the defect after the expiry of the legal guarantee.
Amendment 267 #
2015/0288(COD)
Proposal for a directive
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) the goods, intended to be installed by the consumer, were installed by the consumer and the incorrect installation was due to a shortcoming inincomplete, missing or erroneous the installation instructions.
Amendment 271 #
2015/0288(COD)
Proposal for a directive
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) the goods are handed over to the carrier chosen by the consumer, where that carrier was not proposed by the seller or where the seller proposes no means of carriage, without prejudice to the rights of the consumer against the carrier.
Amendment 292 #
2015/0288(COD)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. A repair or replacement shall be completed within a reasonable timeone month from the return of the goods and without any significant inconvenience to the consumer, taking account of the nature of the goods and the purpose for which the consumer required the goods.
Amendment 302 #
2015/0288(COD)
Proposal for a directive
Article 9 – paragraph 3 – point a a (new)
Article 9 – paragraph 3 – point a a (new)
(aa) the defect is not minor;
Amendment 303 #
2015/0288(COD)
Proposal for a directive
Article 9 – paragraph 3 – point b
Article 9 – paragraph 3 – point b
(b) the seller has not completed repair or replacement within a reasonable tione month from the return of the goods by the consumer;
Amendment 304 #
2015/0288(COD)
Proposal for a directive
Article 9 – paragraph 3 – point b a (new)
Article 9 – paragraph 3 – point b a (new)
(ba) repair or replacement are impossible or excessively expensive;
Amendment 305 #
2015/0288(COD)
Proposal for a directive
Article 9 – paragraph 3 – point d
Article 9 – paragraph 3 – point d
(d) the seller has declared, or it is equally clear from the circumstances, that the seller will not bring the goods in conformity with the contract within a reasonable tione month from the return of the goods by the consumer.
Amendment 311 #
2015/0288(COD)
Proposal for a directive
Article 9 – paragraph 5 a (new)
Article 9 – paragraph 5 a (new)
5a. If the seller becomes insolvent, has ceased activities or is no longer contactable, the consumer has the right, in the case of defective goods, to seek satisfaction from the operator who sold the goods to the seller.
Amendment 337 #
2015/0288(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The consumer shall exercise the right to terminate the contract by notice to the seller given by any meansa written statement to the seller specifying the decision to terminate the contract.
Amendment 359 #
2015/0288(COD)
Proposal for a directive
Article 13 a (new)
Article 13 a (new)
Article 13a Right to damages 1. The supplier shall be liable to the consumer for any financial loss arising from lack of conformity with the contract or a failure to supply the goods. Damages shall, as far as possible, place the consumer in the position in which he would have been had the goods been in conformity with the contract. The Member States shall lay down detailed rules for the exercise of the right to damages.
Amendment 365 #
2015/0288(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
The consumer shall be entitled to a remedy for the lack of conformity with the contract of the goods where the lack of conformity becomes apparent within two years as from the relevant time for establishing conformity unless a longer period is stipulated under national law. If, under national legislation, the rights laid down in Article 9 are subject to a limitation period, that period shall not be shorter than two years from the relevant time for establishing conformity with the contract.
Amendment 370 #
2015/0288(COD)
Proposal for a directive
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
Consumers purchasing used products shall be entitled to remedy for the lack of conformity with the contract where the defect becomes apparent within one year from the relevant time for establishing conformity.
Amendment 374 #
2015/0288(COD)
Proposal for a directive
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
During the period of repair or replacement of the product, the legal guarantee shall be suspended until the consumer receives the product replaced or repaired.
Amendment 375 #
2015/0288(COD)
Proposal for a directive
Article 14 – paragraph 1 b (new)
Article 14 – paragraph 1 b (new)
If, as part of the repair of a product, a component is replaced with a new one, the new component shall have a warranty period of two years from delivery of the repaired product.
Amendment 377 #
2015/0288(COD)
Proposal for a directive
Article 15 – paragraph 1 – point b
Article 15 – paragraph 1 – point b
(b) advertising available at the time of or before the conclusion of the contract; and, including affirmations contained on the website or social media pages linked to the seller;
Amendment 381 #
2015/0288(COD)
Proposal for a directive
Article 15 – paragraph 2 – point a a (new)
Article 15 – paragraph 2 – point a a (new)
(aa) a clear statement that that the product must comply with declarations of conformity contained in pre- contractual information and advertisements;
Amendment 388 #
2015/0288(COD)
Proposal for a directive
Article 15 a (new)
Article 15 a (new)
Article 15a Commercial guarantee of minimum duration 1. Manufacturers of products that consume energy for their operation must (a) guarantee to consumers the serviceability of the product for its minimum expected life and indicate the duration thereof, or (b) indicate clearly that they do not guarantee the serviceability of the product for its minimum expected life. 2. In the commercial guarantee, the manufacturer shall inform the consumer if the minimum life of the product is less or greater than that specified under the legal guarantee. 3. A manufacturer who fails to comply with the obligations set out in paragraphs 1 and 2 shall have the same obligations as the seller vis-a-vis the consumer.
Amendment 402 #
2015/0288(COD)
Proposal for a directive
Article 19 – title
Article 19 – title
Amendments to Directive 1999/44/EC, Regulation (EC) No 2006/2004 and Directive 2009/22/ECE
Amendment 403 #
2015/0288(COD)
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
Directive 1999/44/EC
Article 1
Article 1
Amendment 406 #
2015/0288(COD)
Proposal for a directive
Article 19 a (new)
Article 19 a (new)
Article 19a Repeal Directive 1999/44/EC shall be repealed as of (date of application of this Directive). References to the repealed Directive shall be construed as references to this Directive.
Amendment 72 #
2015/0287(COD)
Proposal for a directive
Title 1
Title 1
Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on certain aspects concerning contracts for the supply of digital content and digital services (Text with EEA relevance)
Amendment 78 #
2015/0287(COD)
Proposal for a directive
Recital 1
Recital 1
(1) The growth potential of e- commerce has not yet been fully exploited. Theis Digital Single Market Strategy for Europe29 tackles in a holistic manner thrective tackles some major obstacles to the development of cross- border e-commerce in the Union in order to unleash this potential. Ensuring better access for consumers to digital content and services and facilitating businesses to supply digital content and digital services is necessary to boost the Union’'s digital economy and stimulate overall growth. _________________ 29COM (2015) 192 final.
Amendment 89 #
2015/0287(COD)
Proposal for a directive
Recital 2
Recital 2
(2) For the achievement of a genuine digital single market, the harmonisation of certain aspects concerning contracts for supply of digital content or services, taking as a base a high level of consumer protection, is necessary.
Amendment 97 #
2015/0287(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Differences in national mandatory consumer contract law rules and a lack of clear contract law rules are among the key obstacles which hinder the development of the supply of digital content and digital services, as very few tailor-made rules exist at Union level. Businesses face additional costs stemming from differences in national mandatory consumer contract law rules and legal uncertainty when sellupplying digital content or digital services across borders. Businesses also face costs when adapting their contracts to specific mandatory rules for the supply of digital content or digital services that are already emerging in several Member States, creating differences in scope and content between specific national rules governing these contracts. In those Member States where there are not yet specific rules for the supply of digital content or digital services, traders willing to sellupply such content or services cross-border face uncertainty, as they will often not know which rules apply to the digital content or digital service in the Member State in which they want to export tosupply this, nor the content of those rules and whether they are mandatory.
Amendment 106 #
2015/0287(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Consumers are not confident when buying cross border and especially online. One of the major factors for this lack of confidence is uncertainty about their key contractual rights and the lack of a clear contractual framework for digital content and digital services. Many consumers of digital content or digital services experience problems related to the quality of, or access to, digital content or digital services. For instance, they receive wrong or faulty digital content or digital services, or they are not able to access the digital content or digital services in question. As a result, consumers suffer financial and non- financial detriment.
Amendment 117 #
2015/0287(COD)
Proposal for a directive
Recital 5
Recital 5
(5) In order to remedy these problems, both businesses and consumers should be able to rely on fully harmonised rules for the supply of digital content or digital services setting out Union-wide contractual rights which are essential for this type of transactions.
Amendment 126 #
2015/0287(COD)
Proposal for a directive
Recital 6
Recital 6
(6) Fully harmonised consumer contract law rules in all Member States will make it easier for businesses to offer digital content and digital services cross-border. They will have a stable contract law environment when selling online and otherwise at a distance to other Member States. Fully harmonised rules specific for digital content and digital services throughout the EU will remove the complexity caused by the different national rules that currently apply to contracts for the supply of digital content and digital services. They will also prevent legal fragmentation that otherwise would arise from new national legislations regulating specifically digital content and digital services.
Amendment 133 #
2015/0287(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Consumers will benefit from fully harmonised rights for digital content and digital services at a high level of protection. They will have clear rights when they receive or access digital content or digital services from anywhere in the EU. This will increase their confidence in buying digital content and digital services. This will also contribute to reducing the detriment consumers currently suffer, since there will be a set of clear rights that will enable them to address problems they face with digital content and digital services.
Amendment 143 #
2015/0287(COD)
Proposal for a directive
Recital 8
Recital 8
(8) This Directive should fully harmonise a set of key rules that are so far not regulated at Union level. It should include therefore rules on conformity of the digital content and digital services, remedies available to consumers in cases of lack of conformity of digital content or digital services with the contract and certain modalities for the exercise of those remedies. This Directive should also harmonise certain aspects concerning the right to terminate a long term contract, as well as certain aspects concerning the modification of the digital content or digital services.
Amendment 158 #
2015/0287(COD)
Proposal for a directive
Recital 11
Recital 11
(11) The Directive should address problems across different categories of digital content and its supply. In order to cater for fast technological developdigital services and their supply. In order to ensure Directive 2011/83/EU of the European Parliaments and to maintain the future-proof nature ofof the Council30 is applied properly, the notion of 'digital content, this notion as used in this Directive should be broader than in Directive 2011/83/EU of the European Parliament and of the Council.30 In particular it should cover services which allow the creation, processing or storage of data' should refer to it and include, for example computer programmes, applications, games, music, videos or texts. The Directive should furthermore cover digital services which allow the creation, processing or storage of data, such as cloud services or file hosting services, digital services allowing data sharing such as social media, video or audio-sharing platforms, instant messaging services. While there are numerous ways for digital content or digital services to be supplied, such as transmission on a durable medium, downloading by consumers on their devices, web-streaming, allowing access to storage capabilities of digital content or access to the use of social media, this Directive should apply to all digital content or digital services independently of the medium used for itstheir transmission. Differentiating between different categories in this technologically fast changing market is not desirable because it would hardly be possible to avoid discriminations between suppliers. A level- playing -field between suppliers of different categories of digital content and digital services should be ensured. However this Directive should not apply to digital content which is embedded in goods in such a way that it operates as an integral part of the goods and its functions are subordinate to the main functionalities of the goods. _________________ 30 OJ L 304, 22.11.2011, p.64. OJ L 304, 22.11.2011, p. 64
Amendment 167 #
2015/0287(COD)
Proposal for a directive
Recital 12
Recital 12
(12) In order to meet the expectations of consumers and ensure a clear-cut and simple legal framework for suppliers of digital content offered on a durable medium, in relation to conformity requirements and remedies available to consumers for non-conformity, this Directive should apply to goods such as DVDs and CDs, incorporating digital content in such a way that the goods function only as a carrier of the digital contentin which digital content is embedded and forms an integral part of the good and cannot easily be de-installed, or is necessary for the conformity of the good with the contract, unless the supplier proves that the defect lies in the hardware of the good. The Directive should apply to the digital content supplied on a durable medium, independently whether it is sold at a distance or in face-to-face situations, so as to avoid fragmentation between the different distribution channels. The Directive 2011/83 should continue to apply to those goods, including to obligations related to the delivery of goods, remedies in case of the failure to deliver and the nature of the contract under which those goods are supplied. The Directive is also without prejudice to the distribution right applicable to these goods under copyright law.
Amendment 178 #
2015/0287(COD)
Proposal for a directive
Recital 13
Recital 13
(13) In the digital economy, information about individuals is often and increasingly seen by market participants as having a value comparable to money. Digital content isand digital services are often supplied not in exchange for a price but against counter-performance other than money i.e. by giving access to personal data or other data such as for example photographs, poems, songs or other items produced by the user. Those specific business models apply in different forms in a considerable part of the market. Introducing a differentiation depending on the nature of the counter-performance would discriminate between different business models; it would provide an unjustified incentive for businesses to move towards offering digital content and digital services against data. A level playing field should be ensured. In addition, defects of the performance features of the digital content supplied against counter-performance other than money, such as the supply of personal data, may have an impact on the economic interests of consumers. Therefore the applicability of the rules of this Directive should not depend on whether a price is paid for the specific digital content or digital service in question.
Amendment 193 #
2015/0287(COD)
Proposal for a directive
Recital 14
Recital 14
(14) As regards digital content or digital services supplied not in exchange for a price but against counter-performance other than money, this Directive should apply only to contracts where the supplier requests and the consumer actively provides data, such as name and e-mail address or photos, directly or indirectly to the supplier for example through individual registration or on the basis of a contract which allows access to consumers' photos. This Directive should not apply to situations where the supplier collects data necessary for the digital content or digital service to function in conformity with the contract, for example geographical location where necessary for a mobile application to function properly, or for the sole purpose of meeting legal requirements, for instance where the registration of the consumer is required for security and identification purposes by applicable laws. This Directive should also not apply to situations where the supplier collects information, including personal data, such as the IP address, or other automatically generated information such as information collected and transmitted by a cookie, without the consumer actively supplying it, even if the consumer accepts the cookie. It should also not apply to situations where the consumer is exposed to advertisements exclusively in order to gain access to digital content.
Amendment 205 #
2015/0287(COD)
Proposal for a directive
Recital 16
Recital 16
(16) In order to ensure a common set of rights for consumers and a level playing field for business, consumers should have the same remedies for digital content or services which isare not in conformity with the contract irrespective of the way the content has been developed. Consequently the Directive should apply to contracts for the development of digital content and services tailor made to the specific requirements of the consumer including tailor made software. This Directive should also apply to the supply of visual modelling files required in the context of 3D printing. However this Directive should not regulate goods produced with the use of 3D printing technology or the damage caused to them.
Amendment 210 #
2015/0287(COD)
Proposal for a directive
Recital 17
Recital 17
(17) Digital content isand services are highly relevant in the context of the Internet of Things. However it is opportune to address specific issues of liability related to the Internet of Things, including the liability for data and machine-to-machine contracts, in a separate way.
Amendment 223 #
2015/0287(COD)
Proposal for a directive
Recital 22
Recital 22
(22) The protection of individuals with regard to the processing of personal data is provided for by Article 8 of the Charter of Fundamental Rights of the European Union and governed by Directive 95/46/EC of the European Parliament and of the Council31 and by Directive 2002/58/EC of the European Parliament and of the Council32 which are fully applicable in the context of contracts for the supply of digital content. Those Directives already establish a legal framework in the field of personal data in the Union. The implementation and application of this Directive should be made in full compliance with that legal framework. _________________ 31 OJ L 281, 23/11/1995, p. 31 - 50) [to be replaced by the General Data Protection Regulation, once adopted]. 32 OJ L 201, 31.7.2002, p. 37–47. OJ L 201, 31.7.2002, p. 37–47.
Amendment 227 #
2015/0287(COD)
Proposal for a directive
Recital 23
Recital 23
(23) There are various ways for digital content and digital services to reach consumers. It is opportune to set simple and clear rules as to the modalities and the time for performing the supplier's main contractual obligation to supply digital content to the consumer. Considering that the supplier is not in principle responsible for acts or omissions of an internet provider or an electronic platform which the consumer selected for receiving the digital content, it should be sufficient for the supplier to supply the digital content or service to this third party. With regard to the time of supply, in line with market practices and technical possibilities, the digital content or service should be supplied immediatelywithin one month from the conclusion of the contract, unless the parties decide to agree otherwise in order to cater for other supply models.
Amendment 235 #
2015/0287(COD)
Proposal for a directive
Recital 24
Recital 24
(24) In order to promote innovation in the Digital Single Market and cater for technological developments reflected in the fast changing characteristics of digital content, it is justified for the digital content or service to be, above all, in conformity with what was agreed in the contract.
Amendment 239 #
2015/0287(COD)
Proposal for a directive
Recital 25
Recital 25
(25) In cases where tThe contract does notshould stipulate sufficiently clear and comprehensive benchmarks to ascertain the conformity of the digital content or service with the contract, it is necessary to set objective conformity criteria to ensure that consumers are not deprived of their rights. In such cases the conformity with the contract should be assessed considering the purpose for which digital content or services of the same description would normally be used, taking into account the nature of the content and service and, if applicable, public statements made by or on behalf of the supplier or other persons in previous links of the commercial transaction chain.
Amendment 244 #
2015/0287(COD)
Proposal for a directive
Recital 26
Recital 26
(26) Due to itstheir nature, digital content and services needs to interact with other digital equipment to function properly; interoperability should therefore form a part of the conformity criteria. In particular it needs, the digital content and services need to interact with hardware including processor speed and graphics card features and software including a specific version of the operating system or specific multi- media player. The notion of functionality should refer to the ways in which digital content and digital services can be used; it should also refer to the absence or presence of any technical restrictions such as protection via Digital Rights Management or regional coding.
Amendment 249 #
2015/0287(COD)
Proposal for a directive
Recital 29
Recital 29
(29) Many types of digital content are supplied over a period of time. For instance, consumers access cloud services over a period of time. It is therefore important to ensure that the digital content is in conformity with the contract throughout the duration of the contract. Moreover, given the frequent improvement of digital content, notably by updates, the version ofconformity of the digital content or service supplied to the consumer should bewith the contract should be assessed on the basis of the most recent versione available at the time of the conclusion of the contract.
Amendment 262 #
2015/0287(COD)
Proposal for a directive
Recital 32
Recital 32
(32) Due to the specific nature of digital content with its high complexity as well as the supplier's better knowledge and access to know how, technical information and high-tech assistance, it is the supplier who is in a better position than the consumer to know the reasons for the digital content or service not being in conformity with the contract. The supplier is also in a better position to assess whether the lack of conformity with the contract is due to incompatibility of the consumer's digital environment with the technical requirements for the digital content. Therefore in case of a dispute it should be for the supplier to prove that the digital content or service is in conformity with the contract, unless the supplier proves that the consumer's digital environment is not compatible with the digital content or service. Only where the supplier proves that the consumer's digital environment is not compatible with the interoperability and other technical requirements, it should be for the consumer to prove that the digital content or service is not in conformity with the contract.
Amendment 268 #
2015/0287(COD)
Proposal for a directive
Recital 33
Recital 33
(33) Without prejudice to the fundamental rights to the protection of private life, including confidentiality of communications, and the protection of personal data of the consumer, the consumer should cooperate with the supplier in order to allow the supplier to ascertain the consumer's digital environment with the use of the least intrusive means which are at the disposal of both parties in the circumstances. This may often be done for instance by providing the supplier with automatically generated incident reports or details of the consumer's internet connection. Only in exceptional and duly justified circumstances where with the best use of all other means there is no other way possible, this may also be done by allowing virtual access to the consumer's digital environment. However, where the consumer does not cooperate with the supplier, it should be for the consumer to prove that the digital content or service is not in conformity with the contract.
Amendment 274 #
2015/0287(COD)
Proposal for a directive
Recital 34
Recital 34
(34) The supplier should be liable to the consumer for the lack of conformity with the contract and for any failure to supply the digital content or service. Moreover, given that digital content or services may be supplied over a period of time, it is justified that the supplier should be liable for any lack of conformity which occurs during that period.
Amendment 282 #
2015/0287(COD)
Proposal for a directive
Recital 35
Recital 35
(35) A failure of the supplier to supply the digital content or service to the consumer in accordance with the contract is a serious breach of the main contractual obligation of the supplier, which should allow the consumer to immediately terminate the contract. Where the supplier has initially not failed to supply the digital content, interruptions of the supply making the digital content not available or accessible to the consumer over a short period of time should be treated as non- conformity with the contract, and not a failure to supply. In particular, the requirement of proper continuity of the digital content or service should also cover more than negligible short term interruptions of the supply.
Amendment 288 #
2015/0287(COD)
Proposal for a directive
Recital 36
Recital 36
(36) In the case of non-conformity with the contract, consumers should as a first step be entitled to have the digital content or service brought to conformity with the contract. Depending on technical characteristics of the digital content, the supplier may select a specific way of bringing the digital content or service to conformity with the contract, for example by issuing updates or requiring the consumer to access a new copy of the digital content. Given the diversity of digital content and services, it is not appropriate to set fixed deadlines for the exercise of rights or the fulfilling of obligations related to that digital content or service. Such deadlines may not capture this diversity and be either too short or too long, depending on the case. It is therefore more appropriate to refer to reasonable deadlines. The digital content or service should be brought into conformity with the contract within a reasonable time and free of any costs; in particular the consumer should not incur any costs associated with the development of an update for the digital content or service.
Amendment 298 #
2015/0287(COD)
Proposal for a directive
Recital 37
Recital 37
(37) As a second step, the consumer should be entitled to have the price reduced or the contract terminated. The right of a consumer to have the contract terminated should be limited to those cases where for instance bringing the digital content or service to conformity is not possible and the non- conformity impairs the main performance features of the digital content. Where the consumer terminates the contract, the supplier should reimburse the price paid by the consumer or, where the digital content or service is supplied not in exchange for a price but against access to data provided by the consumer, the supplier should refrain from using it, from transferring that data to third parties or allowing third parties to access it after termination of the contract. Fulfilling the obligation to refrain from using data should mean in the case when the counter- performance consists of personal data, that the supplier should take all measures in order to comply with data protection rules by deleting it or rendering it anonymous in such a way that the consumer cannot be identified by any means likely reasonably to be used either by the supplier or by any other person. Without prejudice to obligations of a controller under Directive 95/46/EC the supplier should not be obliged to undertake any further steps in relation to data which the supplier has lawfully provided to third parties in the course of the duration of the contract for the supply of the digital content.
Amendment 316 #
2015/0287(COD)
Proposal for a directive
Recital 39
Recital 39
(39) In order to ensure that the consumer benefits from effective protection in relation to the right to terminate the contract, the supplier should allow the consumer to retrieve all data uploaded by the consumer, actively produced by the consumer with the use of the digital content or service or generated through the consumer's use of the digital content or service. This obligation should extend to data which the supplier is obliged to retain under the contract for the supply of the digital content or service as well as to data which the supplier has effectively retained in relation to the contract.
Amendment 324 #
2015/0287(COD)
Proposal for a directive
Recital 41
Recital 41
(41) Where the contract is terminated, the consumer should not be required to pay for the use of digital content or a digital service which is not in conformity with the contract because that would deprive the consumer of effective protection.
Amendment 327 #
2015/0287(COD)
Proposal for a directive
Recital 42
Recital 42
(42) Considering the need to balance legitimate interests of consumers and suppliers, where the digital content or service provided over a period of time in exchange for a payment of a price, gives rise to the right to terminate, the consumer should be entitled to terminate only the part of the contract which corresponds to the time when the digital content or service was not in conformity with the contract. However where the digital content or service is provided against a counter- performance other than money partial termination is not feasible because it is impossible to proportionally apportion a counter-performance other than money.
Amendment 333 #
2015/0287(COD)
Proposal for a directive
Recital 43
Recital 43
(43) Due to its nature the digital content or service is not subject to wear and tear while being used and it is often supplied over a period of time rather than as a one- off supply. It is, therefore, justified not to provide a period during which the supplier should be held liable for any lack of conformity which exists at the time of the supply of the digital content. Consequently Member States should refrain from maintaining or introducing such a period. Member States should remain free to rely on national prescription rules in order to ensure legal certainty in relation to claims based on the lack of conformity of digital content.
Amendment 341 #
2015/0287(COD)
Proposal for a directive
Recital 44
Recital 44
(44) The principle of the supplier's liability for damages is an essential element of the contracts for supply of digital content or a digital service. In order to increase consumers' trust in digital content and services this principle should thus be regulated at Union level to ensure that consumers do not suffer a detriment if their hardware or software is damaged by digital content or services which isare not in conformity with the contract. Therefore, consumers should be entitled to a compensation for damages caused to the consumer's digital environment by a lack of conformity with the contract or a failure to supply the digital content or service. However, it should be for Member States to lay down the detailed conditions for the exercise of the right to damages while taking into account that discounts on prices for future supplies of the digital content, especially when offered by suppliers as an exclusive compensation for losses, do not necessarily put the consumer as nearly as possible into the position in which the consumer would have been if the digital content or service had been duly supplied and been in conformity with the contract.
Amendment 346 #
2015/0287(COD)
(45) Due to technological or other reasons the supplier might be compelled to change features of the digital content or service supplied over a period of time. These changes are often to the advantage of the consumer as they improve the digital content or service. Consequently, the parties to the contract may include respective clauses in the contract which allow the supplier to undertake modifications. However, where such modifications negatively affect the way the consumer benefits from main performance features of the digital content or service, they may disturb the balance of the contract or the nature of the performance due under the contract to an extent that the consumer may not have concluded such a contract. Therefore, in such cases these modifications should be subject to certain conditions.
Amendment 352 #
2015/0287(COD)
Proposal for a directive
Recital 46
Recital 46
(46) Competition is an important element for a well-functioning digital single market. In order to stimulate such a competition, consumers should be enabled to respond to competitive offers and to switch between suppliers. In order to make this work in practice, they should be able to do so without being hindered by legal, technical or practical obstacles, including contractual conditions or lack of means for retrieving all data uploaded by the consumer, produced by the consumer with the use of the digital content or service or generated through the consumer's use of the digital content or service. However, it is also important to protect existing investments and the trust in concluded contracts. Therefore consumers should be given the right to terminate long- term contracts under certain balanced conditions. This does not preclude that consumer contracts may be concluded for longer contractual periods. However, the consumer should be entitled to terminate any contractual relation that altogether lasts for a period longer than 12 months. In order to prevent any circumvention of this right it should cover any contract which results in the consumer being bound by the contract for more than 12 months, irrespective of whether the contract is of indeterminate duration or is extended automatically or following a subsequent agreement by the parties.
Amendment 371 #
2015/0287(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive lays down certain requirements concerning contracts for the supply of digital content or a digital service to consumers, in particular rules on conformity of the digital content or service with the contract, remedies in case of the lack of such conformity and the modalities for the exercise of those remedies as well as on modification and termination of such contracts.
Amendment 380 #
2015/0287(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point b
Article 2 – paragraph 1 – point 1 – point b
Amendment 385 #
2015/0287(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point c
Article 2 – paragraph 1 – point 1 – point c
Amendment 388 #
2015/0287(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
1a. 'digital service' means (a) a service allowing the creation, processing or storage of data in digital form, where such data is provided by the consumer, for example cloud storage or file hosting services, and (b) a service allowing sharing of and any other interaction with data in digital form provided by other users of the service, for example social media, instant messaging services, websites and video or audio- sharing platforms which fall outside the scope of electronic communication services;
Amendment 395 #
2015/0287(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
2. 'integration' means linking together differentfull interoperability between the digital content or service provided and the various components of a digital environment to act as a coordinated whole in conformity with its intended purpose;
Amendment 414 #
2015/0287(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
6. 'price' means money that is due in exchange for digital content or a digital service supplied;
Amendment 421 #
2015/0287(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
8. 'digital environment' means hardware, digital content and services and any network connection to the extent that they are within the control of the user;
Amendment 430 #
2015/0287(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
9. 'interoperability' means the ability of digital content or a digital service to perform all its functionalities in interaction with a concrete digital environment;
Amendment 438 #
2015/0287(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
10. 'supply' means providing access to digital content or a digital service or making digital content or a digital service available;
Amendment 450 #
2015/0287(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. This Directive shall apply to any contract where the supplier supplies digital content or a digital service to the consumer or undertakes to do so and, in exchange, a price is to be paid and/or the consumer actively provides counter- performance other than money in the form of personal data or any other data.
Amendment 457 #
2015/0287(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. This Directive shall apply to any contract for the supply of digital productcontent or a digital service developed according to the consumer's specifications.
Amendment 462 #
2015/0287(COD)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 469 #
2015/0287(COD)
Proposal for a directive
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. This Directive shall apply to goods in which digital content is embedded unless the supplier proves that the lack of conformity does not lie in the hardware of the good.
Amendment 475 #
2015/0287(COD)
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
4. This Directive shall not apply to digital content provided against counter- performance other than money to the extent the supplier requests the consumer to provide personal data the processing of which is strictly necessary for the performance of the contract or for meeting legal requirements and the supplier does not further process them in a way incompatible with this purpose. It shall equally not apply to any other data, such as photographs, poems, songs and other user-produced items, the supplier requests the consumer to provide for the purpose of ensuring that the digital content is in conformity with the contract or of meeting legal requirements, and the supplier does not use that data for commercial purposes.
Amendment 478 #
2015/0287(COD)
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
4. This Directive shall not apply to digital content or services provided against counter- performance other than money to the extent the supplier requests the consumer to provide personal data the processing of which is strictly necessary for the performance of the contract or for meeting legal requirements and the supplier does not further process them in a way incompatible with this purpose. It shall equally not apply to any other data the supplier requests the consumer to provide for the purpose of ensuring that the digital content is in conformity with the contract or of meeting legal requirements, and the supplier does not use that data for commercial purposes.
Amendment 481 #
2015/0287(COD)
Proposal for a directive
Article 3 – paragraph 5 – point a
Article 3 – paragraph 5 – point a
(a) services performed with a predominant element of human intervention by the supplier where the digital format is used mainly as a carrierother than the supply of digital content or services;
Amendment 498 #
2015/0287(COD)
Proposal for a directive
Article 3 – paragraph 6
Article 3 – paragraph 6
6. Where a contract includes elements in addition to the supply of digital content or a digital service, this Directive shall only apply to the obligations and remedies of the parties as supplier and consumer of the digital content.
Amendment 515 #
2015/0287(COD)
Proposal for a directive
Article 4 a (new)
Article 4 a (new)
Article 4a Contract terms detrimental to the consumer’s data protection rights A contract term that concerns the processing of personal data provided by the consumer to the supplier or collected by the supplier or a third party in the interest of the supplier in the context of the conclusion or performance of the contract, and which violates any right afforded to the consumer as a data subject under Directive 95/46/EC and Regulation (EU) 2016/679, including any term defining the functionality, interoperability and other performance features of the digital content or digital service in a way that is not in conformity with Directive 95/46/EC and Regulation (EU) 2016/679, shall not be binding upon the consumer. The contract shall continue to bind the parties as regards the rest of its terms if it is capable of continuing in existence without the non-binding term.
Amendment 520 #
2015/0287(COD)
Proposal for a directive
Article 5 – title
Article 5 – title
Supply of the digital content or digital service
Amendment 523 #
2015/0287(COD)
Proposal for a directive
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. When performing the contract for the supply of the digital content or digital service, the supplier shall supply the digital content or digital service to
Amendment 529 #
2015/0287(COD)
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) a third party which operates a physical or virtual facility making the digital content or digital service available to the consumer or allowing the consumer to access it and which has been chosen by the consumer for receiving the digital content or digital service.
Amendment 530 #
2015/0287(COD)
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) a third party which operates a physical or virtual facility making the digital content available to the consumer or allowing the consumer to access it and which has been chosen by the consumer for receiving the digital content.; or
Amendment 531 #
2015/0287(COD)
Proposal for a directive
Article 5 – paragraph 1 – point b a (new)
Article 5 – paragraph 1 – point b a (new)
(ba) a third party chosen by the consumer.
Amendment 536 #
2015/0287(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The supplier shall supply the digital content immediately after the conclusion of the contractor digital service within one month of the contract being concluded, unless the parties have agreed otherwise. The supply shall be deemed to take place when the digital content is suppliedor digital service is made accessible to the consumer or, where point (b) of paragraph 1 applies, to the third party chosen by the consumer, whichever is the earlier.
Amendment 544 #
2015/0287(COD)
Proposal for a directive
Article 6 – title
Article 6 – title
Conformity of the digital content or digital service with the contract
Amendment 550 #
2015/0287(COD)
Proposal for a directive
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. In order to conform with the contract, the digital content or digital service shall, where relevant:
Amendment 553 #
2015/0287(COD)
Proposal for a directive
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) be of the quantity, quality, duration and version and shall possess functionality, interoperability and other performance features such as accessibility, continuity and security, as required by the contract, including in any pre-contractual information which formsforming an integral part of the contract or in any advertising communication attributable to the supplier, unless the supplier proves it had not been informed thereof;
Amendment 565 #
2015/0287(COD)
Proposal for a directive
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) be supplied along with all the accessories, installationy instructions and customer assistance as stipulated by the contract; and
Amendment 570 #
2015/0287(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 587 #
2015/0287(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Where the contract stipulates that the digital content shall be supplied over a period of time, the digital content or digital service shall be in conformity with the contract throughout the duration of that period.
Amendment 595 #
2015/0287(COD)
Proposal for a directive
Article 6 – paragraph 5
Article 6 – paragraph 5
5. In order to conform with the contract the digital content must also meet the requirements of Articles 6a, 7 and 8.
Amendment 600 #
2015/0287(COD)
Proposal for a directive
Article 6 a (new)
Article 6 a (new)
Amendment 603 #
2015/0287(COD)
Proposal for a directive
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
Where the digital content or digital service is incorrectly integrated into the consumer's digital environment, any lack of conformity resulting from the incorrect integration shall be regarded as lack of conformity of the digital content or digital service if:
Amendment 608 #
2015/0287(COD)
Proposal for a directive
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) the digital content or digital service was integrated by the supplier or under the supplier’s responsibility; or
Amendment 612 #
2015/0287(COD)
Proposal for a directive
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) the digital content or digital service was intended to be integrated by the consumer and the incorrect integration was due to shortcomings in the integration instructions where those instructions were supplied in accordance with point (c) of Article 6(1) or should have been supplied in accordance with Article 6(2).
Amendment 619 #
2015/0287(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. At the time the digital contenit is supplied to the consumer, the digital content or digital service shall be free of any right of a third party, including based on intellectual property, so that the digital contenit can be used in accordance with the contract.
Amendment 626 #
2015/0287(COD)
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Where the digital content or digital service is supplied over a period of time, the supplier shall, for the duration of that period, keep the digital contenit supplied to the consumer free of any right of a third party, including that based on intellectual property, so that the digital contenit can be used in accordance with the contract.
Amendment 631 #
2015/0287(COD)
Proposal for a directive
Article 8 a (new)
Article 8 a (new)
Amendment 652 #
2015/0287(COD)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Paragraph 1 shall not apply where the supplier shows that the digital environment of the consumer is not compatible with interoperability and other technical requirements of the digital content or digital service and where the supplier informed the consumer of such requirements before the conclusion of the contract.
Amendment 660 #
2015/0287(COD)
Proposal for a directive
Article 9 a (new)
Article 9 a (new)
Article 9a Replacement of the digital content or service 1. Where the supplier remedies the lack of conformity with the contract by replacement, the supplier shall take back the replaced digital content or service at the supplier's expense unless the parties have agreed otherwise after the lack of conformity with the contract has been brought to the supplier's attention by the consumer. 2. Where the consumer had installed the digital content or service in a manner consistent with the nature and purpose of that digital content or service, before the lack of conformity with the contract became apparent, the obligation to take back the replaced digital content or service shall include the removal of the non-conforming digital content or service and the installation of replacement digital content or a replacement digital service, or bearing the costs thereof. 3. The consumer shall not be liable to pay for any use made of the replaced digital content or service in the period prior to the replacement.
Amendment 666 #
2015/0287(COD)
Proposal for a directive
Article 10 – paragraph 1 – point a
Article 10 – paragraph 1 – point a
(a) any failure to supply the digital content or service;
Amendment 672 #
2015/0287(COD)
Proposal for a directive
Article 10 – paragraph 1 – point b
Article 10 – paragraph 1 – point b
(b) any lack of conformity which exists at the time the digital content or service is supplied; and
Amendment 677 #
2015/0287(COD)
Proposal for a directive
Article 10 – paragraph 1 – point c
Article 10 – paragraph 1 – point c
(c) where the contract provides that the digital content or service shall be supplied over a period of time, any lack of conformity which occurs during the duration of that period.
Amendment 692 #
2015/0287(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Where the supplier has failed to supply the digital content or service in accordance with Article 5 the consumer shall be entitled to terminate the contract immediately under Article 13.
Amendment 702 #
2015/0287(COD)
Proposal for a directive
Article 12 – title
Article 12 – title
Amendment 707 #
2015/0287(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
In the case of a lack of conformity with the contract, the consumer shall be entitled to have the digital content or service brought into conformity with the contract free of charge, unless this is impossible, disproportionate or unlawful.
Amendment 711 #
2015/0287(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 2 – introductory part
Article 12 – paragraph 1 – subparagraph 2 – introductory part
Bringing the digital content or service into conformity with the contract shall be deemed to be disproportionate where the costs it imposes on the supplier are unreasonable. The following shall be taken into account when deciding whether the costs are unreasonable:
Amendment 716 #
2015/0287(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 2 – point a
Article 12 – paragraph 1 – subparagraph 2 – point a
(a) the value the digital content or service would have if it were in conformity with the contract; and
Amendment 723 #
2015/0287(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 2 – point b
Article 12 – paragraph 1 – subparagraph 2 – point b
(b) the significance of the lack of conformity with the contract for attaining the purpose for which the digital content or service of the same description would normally be used.
Amendment 729 #
2015/0287(COD)
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The supplier shall bring the digital content or service in conformity with the contract pursuant to paragraph 1 within a reasonable time fromone month of the time the supplier hwas been informed by the consumer about the lack of conformity with the contract and without any significant inconvenience to the consumer, taking account of the nature of digital content and the purpose for which the consumer required thisat digital content.
Amendment 733 #
2015/0287(COD)
Proposal for a directive
Article 12 – paragraph 3
Article 12 – paragraph 3
Amendment 749 #
2015/0287(COD)
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 762 #
2015/0287(COD)
Proposal for a directive
Article 12 – paragraph 5
Article 12 – paragraph 5
5. The consumer may terminate the contract only if the lack of conformity with the contract impairs functionality, interoperability and other main performance features of the digital content such as its accessibility, continuity and security where required by Article 6 paragraphs (1) and (2). The burden of proof that the lack of conformity with the contract does not impair functionality, interoperability and other main performance features of the digital content or service shall be on the supplier.
Amendment 767 #
2015/0287(COD)
Proposal for a directive
Article 12 a (new)
Article 12 a (new)
Article 12a Price reduction 1. The consumer shall be entitled to either a proportionate reduction of the price in the manner set out in paragraph 4 where the digital content or service is supplied in exchange for a payment of a price, or terminate the contract under paragraph 5 and Article 13, where (a) the remedy to bring the digital content or service in conformity is impossible, disproportionate or unlawful; (b) the supplier has not completed the remedy within the time specified in paragraph 2; (c) the remedy to bring the digital content or service in conformity would cause significant inconvenience to the consumer; or (d) the supplier has declared, or it is equally clear from the circumstances, that the supplier will not bring the digital content or service in conformity with the contract. 2. The reduction in price shall be proportionate to the decrease in the value of the digital content or service which was received by the consumer compared to the value of the digital content or service that is in conformity with the contract.
Amendment 771 #
2015/0287(COD)
Proposal for a directive
Article 13 – title
Article 13 – title
Terminationhe consumer's right to terminate the contract
Amendment 781 #
2015/0287(COD)
Proposal for a directive
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1a. Where the lack of conformity with the contract relates to only some of the digital content or services delivered under the contract and there is a ground for termination of a contract pursuant to Article 12, the consumer may terminate the contract only in relation to that digital content or those digital services and any other digital content or services which the consumer acquired as an accessory to the non-conforming digital content or services.
Amendment 796 #
2015/0287(COD)
Proposal for a directive
Article 13 – paragraph 2 – point b
Article 13 – paragraph 2 – point b
(b) the supplier shall take all measures which could be expected in order to refrain from the use of the counter- performance other than money which the consumer has provided in exchange for the digital content or service and any other data, such as photographs, poems, songs and other user-produced items, collected by the supplier in relation to the supply of the digital content or service including any content or service provided by the consumer with the exception of the content which has been generated jointly by the consumer and others who continue to make use of the content;
Amendment 808 #
2015/0287(COD)
Proposal for a directive
Article 13 – paragraph 2 – point c
Article 13 – paragraph 2 – point c
(c) the supplier shall provide the consumer with technical means to retrieve all content provided by the consumer and any other data produced or generated through the consumer's use of the digital content, such as photographs, poems, songs and other user-produced items, to the extent that data has been retained by the supplier. The consumer shall be entitled to retrieve the content free of charge, without significant inconvenience, in reasonable time and in a commonly used data format;
Amendment 827 #
2015/0287(COD)
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Upon termination, the supplier may prevent any further use of the digital content or service by the consumer, in particular by making the digital content not accessible to the consumer or disabling the user account of the consumer, without prejudice to point (c) of paragraph 2.
Amendment 833 #
2015/0287(COD)
Proposal for a directive
Article 13 – paragraph 4
Article 13 – paragraph 4
4. The consumer shall not be liable to pay for any use made of the digital content or service in the period prior to the termination of the contract.
Amendment 838 #
2015/0287(COD)
Proposal for a directive
Article 13 – paragraph 5
Article 13 – paragraph 5
5. Where the digital content or service has been supplied in exchange for a payment of a price and over the period of time stipulated in the contract, the consumer may terminate the contract only in relation to that part of the period of time where the digital content or service has not been in conformity with the contract.
Amendment 843 #
2015/0287(COD)
Proposal for a directive
Article 13 – paragraph 6
Article 13 – paragraph 6
6. Where the consumer terminates a part of the contract in accordance with paragraph 5, paragraph 2 shall apply, with the exception of point (b) in regards to the period during which the digital content was in conformity with the contract. The supplier shall reimburse to the consumer the part of the price paid corresponding to the period of time when the digital content or service was not in conformity with the contract.
Amendment 860 #
2015/0287(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The supplier shall be liable to the consumer for any economic damage to the digital environment of the consumer caused by a lack of conformity with the contract or a failure to supply the digital content or service. Damages shall put the consumer as nearly as possible into the position in which the consumer would have been if the digital content or service had been duly supplied and been in conformity with the contract.
Amendment 871 #
2015/0287(COD)
Proposal for a directive
Article 14 a (new)
Article 14 a (new)
Article 14a Time limits The consumer shall not be denied a remedy for the lack of conformity with the contract of the digital content or service where the lack of conformity becomes apparent within two years as from the relevant time for establishing conformity unless a longer period is stipulated under national law. If, under national legislation, the rights laid down in Article 12 are subject to a limitation period, that period shall not be shorter than two years from the relevant time for establishing conformity with the contract.
Amendment 872 #
2015/0287(COD)
Proposal for a directive
Article 14 b (new)
Article 14 b (new)
Amendment 873 #
2015/0287(COD)
Proposal for a directive
Article 15 – title
Article 15 – title
Modification of the digital content or service
Amendment 877 #
2015/0287(COD)
Proposal for a directive
Article 15 – paragraph 1 – introductory part
Article 15 – paragraph 1 – introductory part
1. Where the contract provides that the digital content or service shall be supplied over the period of time stipulated in the contract, the supplier may alter functionality, interoperability and other main performance features of the digital content or service such as its accessibility, continuity and security, to the extent those alternations adversely affect access to or use of the digital content or service by the consumer, only if:
Amendment 898 #
2015/0287(COD)
Proposal for a directive
Article 15 – paragraph 2 – point a
Article 15 – paragraph 2 – point a
(a) the supplier shall reimburse to the consumer the part of the price paid corresponding to the period of time after modification of the digital content or service;
Amendment 902 #
2015/0287(COD)
Proposal for a directive
Article 15 – paragraph 2 – point b
Article 15 – paragraph 2 – point b
(b) the supplier shall refrain from the use of the counter-performance other than money which the consumer has provided in exchange for the digital content or service and any other data collected by the supplier in relation to the supply of the digital content, such as photographs, poems, songs and other user-produced items, including any content provided by the consumer.
Amendment 915 #
2015/0287(COD)
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Where the contract provides for the supply of the digital content or service for an indeterminate period or where the initial contract duration or any combination of renewal periods exceed 12 months, the consumer shall be entitled to terminate the contract any time after the expiration of the first 12 months period.
Amendment 929 #
2015/0287(COD)
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
3. Where the digital content or service is supplied in exchange for a payment of a price, the consumer remains liable to pay the part of the price for the digital content or service supplied corresponding to the period of time before the termination becomes effective.
Amendment 938 #
2015/0287(COD)
Proposal for a directive
Article 16 – paragraph 4 – point a
Article 16 – paragraph 4 – point a
(a) the supplier shall take all measures which could be expected in order to refrain from the use of other counter-performance than money which the consumer has provided in exchange for the digital content or service and any other data collected by the supplier in relation to the supply of the digital content, such as photographs, poems, songs and other user-produced items, including any content provided by the consumer;
Amendment 949 #
2015/0287(COD)
Proposal for a directive
Article 16 – paragraph 4 – point b
Article 16 – paragraph 4 – point b
(b) the supplier shall provide the consumer with technical means to retrieve all any content provided by the consumer and any other data produced or generated through the consumer's use of the digital contentcollected by the supplier in relation to the supply of the digital content, such as photographs, poems, songs and other user-produced items, to the extent thisat data has been retained by the supplier. The consumer shall be entitled to retrieve the content without significant inconvenience, in reasonable time and in a commonly used data format; and
Amendment 954 #
2015/0287(COD)
Proposal for a directive
Article 16 – paragraph 4 – point c
Article 16 – paragraph 4 – point c
(c) where applicable, the consumer shall delete any usable copy of the digital content or service, render it unintelligible or otherwise refrain from using it including by making it available to a third party.
Amendment 960 #
2015/0287(COD)
Proposal for a directive
Article 16 – paragraph 5
Article 16 – paragraph 5
5. Upon termination, the supplier may prevent any further use of the digital content or service by the consumer, in particular by making the digital content not accessible to the consumer or disabling the user account of the consumer, without prejudice to paragraph (4) point (b).
Amendment 966 #
2015/0287(COD)
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
Where the supplier is liable to the consumer because of any failure to supply the digital content or service or a lack of conformity with the contract resulting from an act or omission by a person in earlier links of the chain of transactions, the supplier shall be entitled to pursue remedies against the person or persons liable in the chain of transactions. The person against whom the supplier may pursue remedies and the relevant actions and conditions of exercise, shall be determined by national law.
Amendment 24 #
2015/0284(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) SinceThe development of European identity and citizenship is also based on the smooth functioning of the internal market, which comprises an area without internal frontiers relying, inter alia, onwhere the free movement of services and persons, it is necessary tos guaranteed and encouraged. It is therefore necessary to ensure seamless access to online content services throughout the Union by provideing that consumers can use online content services which offer access to content such as music, games, films or sporting events not only in their Member State of residence but also when they are temporarily present in other Member States of the Union for such purposes as leisure, business or study. Therefore, barriers that hamper access and use of such online content services cross border should be eliminated.
Amendment 43 #
2015/0284(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Therefore, the objective of this Regulation is to adapt the legal framework in order to ensure that the licensing of rights no longer presents barriers to cross- border portability of online content services in the Union and that the cross- border portability can be ensured. In order not to compromise the current financing system of the audio-visual sector, which might cause a loss both in revenues and in the cultural diversity of the offer, this Regulation should not substantially alter the territorial principle. It should not be possible to interpret portability as open cross-border access.
Amendment 51 #
2015/0284(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) In order to avoid both inconsistency with the current rules in the field of taxation and disproportionate administrative burdens, this Regulation should not affect the application of any provision related to taxation.
Amendment 54 #
2015/0284(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) This Regulation should, therefore, apply to online content services that a service provider, after having obtained the relevant rights from right holders in a given territory, provides to its subscribers on the basis of a contract, by any means including streaming, downloading or any other technique which allows use of that content. A registration to receive content alerts or a, mere acceptance of HTML cookies or payment of a universal mandatory fee such as a broadcasting licence fee, should not be regarded as a contract for the provision of online content service for the purposes of this Regulation.
Amendment 57 #
2015/0284(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) This Regulation should apply only to online content services which subscribers can effectively access and use in the Member State in which they habitually reside without being limited to a specific location, as it is not appropriate to require service providers that do not offer portable services in their home country subscriber’s Member State of residence to do so across borders.
Amendment 63 #
2015/0284(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) OProviders of online content services which are provided without payment of money are alsoshould have the option to be included in the scope of this Regulation to the extent that providers verify the Member State of residence of their subscribers. Online content services which are provided without the payment of money and whose providers do not verify the Member State of residence of their subscribers should be outside the scope of this Regulation as their inclusion would involve a major change to the way these services are delivered and involve disproportionate costs. As concerns verification of the subscribIf they exercise that option, these provider's Member State of residence, information such as a payment of a licence fee for other services provided inshould comply with the same obligations as are laid down in this Regulation for the providers of online content services which are provided against payment of money. Failing to verify the Member State of residence, of the existence of a contract for internet or telephone connection, IP address or other means of authenticsubscribers effectively and therefore not being included in the scope of this Regulation, should be relied upon, if they enablemean that these provider to have reasonable indicators as to the Member State of residence of its subscriberss cannot take advantage of the mechanism mentioned in Article 4 and are therefore unable to provide portability for the content offered.
Amendment 65 #
2015/0284(COD)
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) The only criterion for determining where a subscriber is resident for the purposes of this Regulation is the habitual residence of that subscriber. Criteria for determining residence set out in other pieces of legislation should not be used to interpret the concept in this Regulation, unless absolutely necessary.
Amendment 84 #
2015/0284(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Service providers should ensure that their subscribers are properly informed about the conditions of enjoyment of online content services in Member States other than the Member State of residence of the subscribers. The Regulation enables right holders to require thats the service provider to make use of effective means in order to verify that the online content service is provided in conformity with this Regulation. It is necessary, however, to ensure that the required means of verification and authentication are reasonable and do not go beyond what is necessary in order to achieve this purpose. Examples of the necessary technical and organisational measures may include sampling of IP address instead of constant monitoring of location, transparent information to the individuals about the methods used for the verification and its purposes, and appropriate security measures. Considering that for purposes of the verification what matters is not the location, but rather, in which Member State the subscriber is accessing the service, precise location data should not be collected and processed for this purpose. Similarly, where authentication of a subscriber is sufficient in order to deliver the service provided, identification of the subscriber should not be required.
Amendment 85 #
2015/0284(COD)
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) For the purposes of this Regulation, a consumer cannot claim his habitual residence in more than one Member State. In order to determine their subscribers’ Member State of residence, providers should rely on a list of verification means which are considered effective and proportionate.
Amendment 87 #
2015/0284(COD)
Proposal for a regulation
Recital 23 b (new)
Recital 23 b (new)
(23b) In order to take due account of the needs of industry and consumers, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amendment of the list of means for the verification of the subscriber's Member State of residence. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level, in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016¸on Better Law-Making1 a . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 1a * OJ L 123, 12.5.2016, p.1.
Amendment 107 #
2015/0284(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) "Temporarily present in a Member State" means a presence of a subscriber in a Member State other than the Member State of residence;
Amendment 117 #
2015/0284(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point e – subparagraph 2 – point 2
Article 2 – paragraph 1 – point e – subparagraph 2 – point 2
(2) without payment of money provided that the subscriber's Member State of residence is effectively verified by the provider;
Amendment 123 #
2015/0284(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
(1) The provider of an online content service against payment of money shall enable a subscriber who is temporarily present in a Member State to access and use the online content service.
Amendment 133 #
2015/0284(COD)
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Article 3a 1. The provider of an online content service provided without payment of money may decide to allow its subscribers who are temporarily present in a Member State to access the service in accordance with this Regulation. 2. In order for the provisions of this Regulation to be applicable to providers in accordance with paragraph 1, the provider shall verify the subscribers’ Member State of residence as required by this Regulation.
Amendment 135 #
2015/0284(COD)
Proposal for a regulation
Article 3 b (new)
Article 3 b (new)
Amendment 141 #
2015/0284(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
(2) Notwithstanding paragraph 1,The holders of copyright and related rights orand those holding any other rights in the content of online content services may require that the service provider make use of effective means in order to verify that the online content service is provided in conformity with Article 3(1), provided that the required means are reasonable and do not go beyond what is necessary in order to achieve their purposprovided may authorise access, thereby exempting the provider from the verification of the Member State of residence.
Amendment 149 #
2015/0284(COD)
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Article 7a Three years after the entry into force of this Regulation the Commission shall assess the implementation of this Regulation and submit to the European Parliament and the Council a report on this. The report shall assess, in particular, whether or not there has been a significant variation in the revenues of right holders and prices charged to consumers.
Amendment 151 #
2015/0284(COD)
Proposal for a regulation
Article 7 b (new)
Article 7 b (new)
Article 7b Exercise of the delegation 1. The power to adopt delegated acts shall be conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 3b(3) shall be conferred on the Commission for an indeterminate period of time from...1 a. 3. The delegation of power referred to in Article 3b(3) 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. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Article 3b(3) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of [two months] of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by [two months] at the initiative of the European Parliament or of the Council. _________________ 1aDate of entry into force of this Regulation.
Amendment 153 #
2015/0284(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
It shall apply from [date: 612 months following the day of its publication].
Amendment 173 #
2015/0278(COD)
Proposal for a directive
Recital 6
Recital 6
(6) The approximation of national measures at Union level is therefore necessary for the proper functioning of the internal market in order to put an end to fragmentation in the market of accessible products and services, to create economies of scale, to facilitate cross-border trade and mobility and the free movement of persons, including persons with disabilities, as well as to help economic operators to concentrate resources on innovation instead of using those resources for complying with fragmented legal requirements across the Union.
Amendment 176 #
2015/0278(COD)
Proposal for a directive
Recital 7
Recital 7
(7) The benefits of harmonising accessibility requirements for the internal market have been demonstrated by the application ofin cases where Directive 2014/33/EU of the European Parliament and of the Council regarding lifts31 and Regulation (EC) No 661/2009 of the European Parliament and of the Council32 in the area of transport. have been fully and uniformly implemented. __________________ 31 Directive 2014/33/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to lifts and safety components for lifts (OJ L 96, 29.3.2014, p.251). 32 Regulation (EC) No 661/2009 of the European Parliament and of the Council of 13 July 2009 concerning type-approval requirements for the general safety of motor vehicles, their trailers and systems, components and separate technical units intended therefor (OJ L 200, 31.7.2009, p.1).
Amendment 194 #
2015/0278(COD)
Proposal for a directive
Recital 19
Recital 19
(19) It is therefore necessary to specify accessibility requirements for the placing on the market of products and services which fall within the scope of this Directive and for the built environment connected with the supply of those products and services, in order to ensure their free circulation in the internal market.
Amendment 201 #
2015/0278(COD)
Proposal for a directive
Recital 23
Recital 23
(23) In some situations, common accessibility requirements of the built environment would facilitate the free movebuilt environment accessibility is a precondition for the proper enjoyment of the related services and ofby persons with disabilities. Therefore, this Directive enablrequires Member States to include the built environment used in the provision of the services under the scope of this Directive, ensuring compliance with the accessibility requirements set in Annex X.
Amendment 218 #
2015/0278(COD)
Proposal for a directive
Recital 30
Recital 30
(30) The manufacturer having detailed knowledge of the design and production process is best placed to carry out the complete conformity assessment procedure. The obligationsmanufacturer shall be held liable for any conformity assessment should rest with the manufacturerproblems identified during checks by the market surveillance authority, in cooperation with organisations representing people with disabilities.
Amendment 221 #
2015/0278(COD)
Proposal for a directive
Recital 32
Recital 32
(32) Importers shouldall ensure that products from third countries entering the Union market comply with the accessibility requirements of this Directive and in particular that appropriate conformity assessment procedures have been carried out by manufacturers with regard to those products. The importer shall be held liable for any conformity problems identified during checks by the market surveillance authority, in cooperation with organisations representing people with disabilities.
Amendment 223 #
2015/0278(COD)
Proposal for a directive
Recital 36
Recital 36
(36) For reasons of proportionality, accessibility requirements should only apply to the extent that they do not impose a disproportionate burdenburden the market surveillance authority judges to be excessive on the economic operator concerned, or require a change in the products and services which would result in their fundamental alteration in accordance with the specified criteria.
Amendment 226 #
2015/0278(COD)
Proposal for a directive
Recital 37
Recital 37
(37) This Directive should follow the principle of 'think small first' and should take account of the administrative burdens that SMEs are faced with. It should set light rules in terms of conformity assessment and should establish safeguard clauses for economic operators, rather than providing for general exceptions and derogations for those enterprises. Consequently, when setting up the rules for the selection and implementation of the most appropriate conformity assessment procedures, the situation of SMEs should be taken into account and the obligations to assess conformity of accessibility requirements should be limited to the extent that they do not pose a disproportionate burden on SMEs. In addition, market surveillance authorities should operate in a proportionate manner in relation to the size of undertakings and to the small serial or non-serial nature of the production concerned, without creating unnecessary obstacles for SMEs and without compromising the protection of public interests. Furthermore, the development of accessible products and services should be included among the objectives set for SME and microenterprise funding programmes.
Amendment 233 #
2015/0278(COD)
Proposal for a directive
Recital 40
Recital 40
(40) In the absence of harmonised standards and where needed for market harmonisation purposes, the Commission should be able adopt implementing acts establishing common technical specifications for the accessibility requirements set in this Directive, with the involvement of organisations representing people with disabilities.
Amendment 249 #
2015/0278(COD)
Proposal for a directive
Recital 50
Recital 50
(50) A safeguard procedure should be set up which applies only in the event of disagreement between Member States over measures taken by a Member State under which interested parties are informed of measures intended to be taken with regard to products not complying with the accessibility requirements of this Directive. It should allow market surveillance authorities, in cooperation with organisations representing people with disabilities and with the relevant economic operators, to act at an earlier stage in respect of such products.
Amendment 292 #
2015/0278(COD)
Proposal for a directive
Article 1 – paragraph 2 – point d
Article 1 – paragraph 2 – point d
d) banking services and payment terminals;
Amendment 320 #
2015/0278(COD)
Proposal for a directive
Article 1 – paragraph 3 a (new)
Article 1 – paragraph 3 a (new)
3a. Derogations from the provisions of this Directive may be granted in cases where products and services covered by the Directive are produced by microenterprises.
Amendment 362 #
2015/0278(COD)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The following self-service terminals: Automatic Teller Machines, ticketing machines and, check-in machines and payment terminals shall comply with the requirements set out in Section II of Annex I.
Amendment 377 #
2015/0278(COD)
Proposal for a directive
Article 3 – paragraph 7
Article 3 – paragraph 7
7. Banking services, the websites, the mobile device-based banking services, self- service terminals, including Automatic Teller machines used for provision of banking services and payment terminals shall comply with the requirements set out in Section VI of Annex I.
Amendment 391 #
2015/0278(COD)
Proposal for a directive
Article 3 – paragraph 10
Article 3 – paragraph 10
10. Member States may decide, in the light of national conditions,shall ensure that the built environment used by clients of passenger transport services including the environment that is managed by service providers and by infrastructure operators as well as the built environment used by clients of banking services, and customer services centres and shops under the scope of telephony operators shall complyies with the accessibility requirements of Annex I, section X, in order to maximise their use by persons with functional limitations, including persons with disabilities.
Amendment 430 #
2015/0278(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Where an importer considers or has reason to believe that a product is not in conformity with the accessibility requirements referred to in Article 3, he shall not place the product on the market until it has been brought into confinform the manufacturer and the market surveillance authormity. Furthermore, where the product presents a risk, the importer shall inform the manufacturer and the market surveillance authorities to that effect and shall not place the product on the market until it has been brought into conformity.
Amendment 439 #
2015/0278(COD)
Proposal for a directive
Article 7 – paragraph 8
Article 7 – paragraph 8
8. Importers who consider or have reason to believe that a product which they have placed on the market is not in conformity with the requirements referred to in Article 3 shall immediately take the necessary corrective measures to bring that product into conformity, to withdraw it or recall it, if appropriate. Furthermore where the product presents a riskdoes not comply with this Directive, importers shall immediately inform the competent national authorities of the Member States in which they made the product available to that effect, giving details, in particular, of the non-compliance and of any corrective measures taken.
Amendment 450 #
2015/0278(COD)
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Where a distributor considers or has reason to believe that a product is not in conformity with the accessibility requirements referred to in Article 3, they shall inform the manufacturer and the market surveillance authorities and not make the product available on the market until it has been brought into conformity. Furthermore, where the product presents a risk, the distributor shall inform the manufacturer and the market surveillance authorities to that effect.
Amendment 455 #
2015/0278(COD)
Proposal for a directive
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Distributors who consider or have reason to believe that a product which they have made available on the market is not in conformity with this Directive shall make sure that the necessary corrective measures are taken to bring that product into conformity, to withdraw it or recall it, if appropriate. Furthermore, where the product presents a riskfails to conform to this Directive, distributors shall immediately inform the competent national authorities of the Member States in which they made the product available to that effect giving details, in particular, of the non-compliance and of any corrective measures taken.
Amendment 485 #
2015/0278(COD)
Proposal for a directive
Article 12 – paragraph 5
Article 12 – paragraph 5
5. The assessment of whether compliance with accessibility requirements regarding products or services imposes a fundamental alteration or disproportionatexcessive burden shall be performed by the economic operatormarket surveillance authorities, in cooperation with the organisations representing persons with disabilities.
Amendment 532 #
2015/0278(COD)
Proposal for a directive
Article 20 – paragraph 1 – subparagraph 1
Article 20 – paragraph 1 – subparagraph 1
Where, on completion of the procedure set out in Article 19(3) and (4), objections are raised against a measure taken by a Member State, or where the Commission considers a national measure to be contrary to Union legislation, the Commission shall without delay enter into consultation with the Member States, and with the organisations representing persons with disabilities and the relevant economic operator or operators, and shall evaluate the national measure. On the basis of the results of that evaluation, the Commission shall decide whether the national measure is justified or not.
Amendment 557 #
2015/0278(COD)
Proposal for a directive
Article 25 – paragraph 2 – point b a (new)
Article 25 – paragraph 2 – point b a (new)
(ba) provisions whereby a consumer complaints mechanism is established.
Amendment 588 #
2015/0278(COD)
Proposal for a directive
Annex I – Section II – Title
Annex I – Section II – Title
Self-service terminals: Automatic Teller Machines, ticketing machines and, check- in machines and payment terminals
Amendment 631 #
2015/0278(COD)
Proposal for a directive
Annex I – Section VI – Part A – point d a (new)
Annex I – Section VI – Part A – point d a (new)
(da) the built environment for the provision of the service shall comply with the requirements laid down in Section X.
Amendment 60 #
Amendment 7 #
2015/0218(COD)
Proposal for a regulation
–
–
The Committee on Agriculture and Rural Development calls on the Committee on International Trade, as the committee responsible, to propose that the Commission proposal should be rejected.
Amendment 8 #
2015/0218(COD)
Proposal for a regulation
Citation 1 a (new)
Citation 1 a (new)
Having regard to Decision No 534/2014/EU of the European Parliament and of the Council of 15 May 2014 providing EUR 300 million in macro- financial assistance to the Republic of Tunisia,
Amendment 9 #
2015/0218(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Olive oil is Tunisia’s main agricultural export product to the Union and the olive oil industry is an important part of the country’s economy, as it is of the economies of some Member States.
Amendment 12 #
2015/0218(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The Union can best support Tunisia’s economy, in accordance with the objectives set out in the European Neighbourhood Policy and in the Euro- Mediterranean Agreement, by providing an attractive and reliable market for Tunisia’s exports of olive oil. This requires autonomous trade measures allowing for the import of this product into the Union on the basis of a duty free tariff quota. To this end, pending the conclusion of the negotiations on the establishment of a Deep and Comprehensive Free Trade Area (DCFTA), on 15 May 2014, in response to the economic crisis in Tunisia and in order to provide support for the political reforms required, the EU approved an EUR 300 million increase in macro- financial assistance to Tunisia, to be disbursed in three EUR 100 million instalments in 2015.
Amendment 24 #
2015/0218(COD)
(9) The specific autonomous trade measures established by this Regulation are intended to alleviate the difficult economic situation, which Tunisia is currently facing, due to the terrorist attacks. Those measures should therefore be limited in time an, without, however, worsening the agricultural situation in the EU. The validity of those measures, if they are adopted, should therefore be limited to one year and the measures should be without prejudice to the negotiations between the Union and Tunisia on the establishment of a Deep and Comprehensive Free Trade Area (DCFTA), which are to started in October 2015. An extension of the application period may be contemplated at the end of this period if warranted by the market situation or progress in the DCFTA negotiation and which are intended to secure mutual reductions in duties, including on agricultural products.
Amendment 26 #
2015/0218(COD)
Proposal for a regulation
Recital 10
Recital 10
Amendment 33 #
2015/0218(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
An annual duty free tariff quota of 35 017 500 tons is opened for imports into the Union of virgin olive oil originating in Tunisia and, falling within CN codes 1509 10 10 and 1509 10 90, obtained entirely from Tunisian olives grown in that country and transported directly from there to the EU.
Amendment 45 #
2015/0218(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Where the Commission finds that there is sufficient evidence of a failure by Tunisia to comply with the conditions set out in Article 2, it may adopt an implementing act suspending in whole or in part the preferential arrangements provided for in Article 1. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 6(2).
Amendment 31 #
2015/0009(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The purpose of the EFSI should be to help resolve the difficulties in financing and implementing productive investments in the Union and to ensure increased access to financing. It is intended that increased access to financing should be of particular benefit to small and medium enterprises. It is also appropriate to extend the benefit of such increased access to financing to mid- cap companies, which are companies having up to 3000 employees. Overcoming Europe's current investment difficulties should contribute to strengthening the Union's economic, social and territorial cohesion.
Amendment 41 #
2015/0009(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The EFSI should support strategic investments with high economic, social and territorial value added contributing to achieving Union policy objectives.
Amendment 45 #
2015/0009(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The EFSI should target projects delivering high societal and economic value. In particular, the EFSI should target projects that promote job creation, long- term growth and competitiveness especially in the regions characterised by a high rate of unemployment and by geographical disadvantages. The EFSI should support a wide range of financial products, including equity, debt or guarantees, to best accommodate the needs of the individual project. This wide range of products should allow the EFSI to adapt to market needs whilst encouraging private investment in the projects. The EFSI should not be a substitute for private market finance but should instead catalyse private finance by addressing market failures so as to ensure the most effective and strategic use of public money. The requirement for consistency with State aid principles should contribute to such effective and strategic use.
Amendment 59 #
2015/0009(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Decisions on the use of the EFSI support for infrastructure and large mid- cap projects should be made by an Investment Committee. The Investment Committee should be composed of independent experts who are knowledgeable and experienced in the areas of investment projects. The Investment Committee should be accountable to a Steering Board of the EFSI and to the European Parliament, who should supervise the fulfilment of the EFSI's objectives. To effectively benefit from the experience of the EIF, the EFSI should support funding to the EIF to allow the EIF to undertake individual projects in the areas of small and medium enterprises and small mid-cap companies.
Amendment 60 #
2015/0009(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Provided that all relevant eligibility criteria are fulfilled, Member States may not use European Structural Investment Funds to contribute to the financing of eligible projects that are supported by the EU guarantee. The flexibility of this approach should maximise the potential to attract investors to the areas of investment targeted by the EFSI.
Amendment 67 #
2015/0009(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) The EIB should regularly evaluate activities supported by the EFSI with a view to assessing their relevance, performance and impact, and to identifying aspects that could improve future activitiess well as their coordination, consistency, and additionality with other Union policies and instruments. European Structural and Investment Funds should not contribute to the support of the EFSI in any way. Such evaluations should contribute to accountability and analysis of sustainability.
Amendment 86 #
2015/0009(COD)
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2
Article 1 – paragraph 1 – subparagraph 2
The purpose of the EFSI shall be to support investments in the Union and to ensure increased access to financing for companies having up to 300250 employees, with a particular focus on small and medium enterprises, through the supply of risk bearing capacity to the EIB ('EFSI Agreement').
Amendment 107 #
2015/0009(COD)
Proposal for a regulation
Article 3 – paragraph 5 – subparagraph 1
Article 3 – paragraph 5 – subparagraph 1
5. The EFSI Agreement shall provide that the EFSI shall have an Investment Committee, which shall be responsible for examining potential operations in line with the EFSI investment policies and approving the support of the EU guarantee for operations in line with Article 5, irrespective of their geographic location.
Amendment 111 #
2015/0009(COD)
Proposal for a regulation
Article 3 – paragraph 5 – subparagraph 2
Article 3 – paragraph 5 – subparagraph 2
The Investment Committee shall be composed of six independent experts and the Managing Director. Independent experts shall have a high level of relevant market experience in project finance and. They will be appointed byupon proposal of the Steering Board and approval of the European Parliament by absolute majority of its votes for a renewable fixed term of three years.
Amendment 133 #
2015/0009(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2 a (new)
Article 5 – paragraph 2 – subparagraph 2 a (new)
Amendment 135 #
2015/0009(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2 b (new)
Article 5 – paragraph 2 – subparagraph 2 b (new)
As the transport sector has been strongly affected by the reduction of funding originally reserved to the Connecting Europe Facility, the Investment Committee, when evaluating the projects in this sector, should re-allocate the funds that were previously assigned to TEN-T to projects aimed at favouring the development of transport infrastructures which should be characterised by a low impact on the environment and on the public health and by a high compatibility with a sustainable development at regional and local level.
Amendment 136 #
2015/0009(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Provided that all relevant eligibility criteria are fulfilled, Member States may not use European Structural and Investment Funds to contribute to the financing of eligible projects in which the EIB is investing with the support of the EU guarantee.
Amendment 144 #
2015/0009(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The Commission and the EIB, with support from the Member States, regions and local authorities, shall promote the creation of a transparent pipeline of current and potential future investment projects in the Union, taking into account the Union's goals of economic, social and territorial cohesion. The pipeline is without prejudice to the final projects selected for support according to Article 3(5).
Amendment 152 #
2015/0009(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Member States, regions and local authorities shall develop, update and disseminate, on a regular and structured basis, information on current and future investment projects in their territory.
Amendment 161 #
2015/0009(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point d
Article 10 – paragraph 2 – point d
(d) an assessment of the quality and effectiveness of EIB financing and investment operations, with a special focus on the results achieved;
Amendment 125 #
2014/2256(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls for a broad exception for research and education purposes, which should cover educational and research activities linked to an educational establishment or institution recognised by national authorities or legislation or within the purview of an educational or research programme.
Amendment 133 #
2014/2256(INI)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Urges the Commission to find ways for public and research libraries to lend books to the public in digital formats, irrespective of the place of access and ensuring a fair remuneration to rightholders
Amendment 28 #
2014/2247(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas, for the 2014-2020 programming period, at least 20 % of total European Social Fund resources are earmarked in each Member State for the specific objective of ‘promoting social inclusion and combating poverty and all forms of discrimination’;
Amendment 32 #
2014/2247(INI)
Motion for a resolution
Recital D
Recital D
D. whereas heavy cuts to public services as a consequence of the crisis and austerity policies imposed on various Member States have led to numerous problems, often resulting in severe budgetary problems for municipalities, leading to a lack of options when dealing with marginalised groups and seeking to improve their inclusion and prevent further segregation;
Amendment 118 #
2014/2247(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Stresses that, in the context of an EU urban agenda, the issue of urban renewal and regeneration and, in particular, of measures to reassess the historic centres of European towns and cities, should be a matter of priority since it will help to prevent the establishment of ghetto areas resulting in the social, economic and cultural marginalisation of most of their inhabitants;
Amendment 125 #
2014/2247(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Stresses that the partnership principle must lead to involvement at all levels and, needs to be applied by Member States on an obligatory basis and should not result in the merely formal application of the provisions of the regulations; stresses the importance of the implementation of the code of conduct on partnership to ensure equal participation and representation of marginalised communities; is concerned about the poor compliance with the obligatory involvement of partners in accordance with Article 5 of the CPR; calls on the Commission not to authorise payments for programmes that disregard the involvement of partners, including those most concerned;
Amendment 135 #
2014/2247(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Stresses that in the EU political debate, marginalised communities are often exploited tendentiously for political ends and that a detailed analysis of structural exclusion is therefore required, both in partnership agreements and in the various operational programmes;
Amendment 141 #
2014/2247(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Considers multi-level governance to play an important role; emphasises that involvement of local authorities is essential toand the provision of appropriate training for administrative staff to provide specific knowledge of the difficulties of marginalised communities are vital for reaching the target group and requires the highest territorial proximity possible;
Amendment 155 #
2014/2247(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Notes that marginalised communities often live in less favourable parts of cities; emphasises the importance of the genuine implementation of urban regeneration programmes for deprived neighbourhoods, which tackle both economic and social challenges and improve the urban environment;
Amendment 196 #
2014/2247(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Takes the view that formal, non- formal and informal education, characterised by education in diversity, is a first step towards the genuine political and economic integration of marginalised communities;
Amendment 31 #
2014/2246(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the goals of cohesion policy have unquestionably evolved over the time, demonstrating their effectiveness; whereas the European Fund for Strategic Investments brings new elements to the overall EU strategy aimed at creating growth and jobs;
Amendment 79 #
2014/2246(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. PVoints also to the closer relationship with the broader economic governance process throughces its concern about the measures linking the effectiveness of the ESI Funds to sound economic governance, and through the provision of support to Member States experiencing temporary budgetary difficultiesstresses that the macroconditionality principle could make the objectives set for cohesion policy harder to achieve;
Amendment 91 #
2014/2246(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Points out that the late adoption of a number of regional operational programmes in some less-developed EU regions is seriously jeopardising the achievement of the Europe 2020 objectives, in particular those relating to employment, poverty and social exclusion;
Amendment 172 #
2014/2246(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Calls on the Member States to take a more coordinated, integrated approach to the implementation of national and regional operational programmes, with a view to ensuring that they are run more efficiently and, thereby, to meeting the objectives laid down in the partnership agreements concluded between Member States and the Commission;
Amendment 2 #
2014/2245(INI)
Draft opinion
Recital A
Recital A
A. whereas historically women have been more affected by unemployment than men, despite representing 59% of new graduates; whereas women’s unemployment stands at 10 % across the EU, with significant regional variation; whereas even for women who are employed, their professional qualifications and level of salary and pension contributions are not proportional to the degrees they have obtained;
Amendment 14 #
2014/2245(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
B a. whereas the employment rate for women is still low with respect to the objectives set out in the Europa 2020 strategy (11.5% below the target of 75%)1 a; __________________ 1aSource: Eurostat, Labour Force Survey (LFS), 2014 (second quarter)
Amendment 16 #
2014/2245(INI)
Draft opinion
Recital B b (new)
Recital B b (new)
B b. whereas women are under-represented in managerial positions and only 30% of new start-ups in Europe are established by women1 a ; __________________ 1a Source: Entrepreneurship 2020 Action plan. Reigniting the entrepreneurial spirit in Europe (COM(2012) 795 final).
Amendment 17 #
2014/2245(INI)
Draft opinion
Recital B c (new)
Recital B c (new)
B c. whereas only 29% of women have a degree in ICT and only 4% are directly employed in the ICT sector1 a; __________________ 1a Source: European Commission report (2013), Women active in the ICT sector.
Amendment 46 #
2014/2245(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Expresses its serious concern about the significant delay in the implementation of cohesion policy 2014-2020, including the delay in adoption of Operational Programmes, with only just over 100 Operational Programmes adopted at the end of 2014, as well as a; regrets the backlog in payments amounting to ca EUR 25 billion for the 2007-2013 programming period;, stressesing that these delays are undermining the credibility of cohesion policy, effectiveness and sustainability, challenging national, regional and local authorities’ capacity to plan effectively and implement the European Structural and Investment Funds (ESIF) for the 2014- 2020 period;
Amendment 48 #
2014/2245(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that women are more likely to be engaged in part-time work, which results in in-work poverty and a gender pension disparity; notes that employed women in Europe are still four times more likely to be working part-time than employed men1 a; is concerned about the variation in part- time work figures among the Member States; calls on the Commission to produce an updated, in-depth analysis of the different types of employment, including comparisons within and between Member States; __________________ 1aSource: Report on equality between women and men 2014, European Commission, Justice and Consumers
Amendment 51 #
2014/2245(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that it is imperative to start the implementation of the Operational Programmes as soon as they are adopted, in order to maximise the results of the investments, boost job creation and raise productivity growth, and that the Commission and the Member States should do their utmost to speed up their adoption, without any prejudice to their quality; demands that the Commission – while keeping a high focus on quality and the need to keep up the fight against fraud – analyses all possible ways of streamlining its internal procedures in order to ensure that Operational Programmes resubmitted after the deadline of 24 November 2014 are also taken into consideration; is aware that two scenarios are envisaged for the adoption of Operational Programmes, both implying further delays as regards the start of implementation;
Amendment 58 #
2014/2245(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Member States to give priority to the digital economy agenda; stresses that full broadband access is a vital element in offering options to women and businesses in terms of flexible work arrangements and homeworking; calls on the Member States, the Commission and local and regional authorities to support investments for training women in the ICT sector.
Amendment 62 #
2014/2245(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. WelcomesTakes note of the new European Fund for Strategic Investment (EFSI) and its potential leverage effect; advises the parties concerned to build on the experiences gained from the implementation of the European Economic Recovery Plan in 2008, in particular regarding smart investments; calls for the coordination of all EU investment policies – in particular cohesion policy – to ensure complemeand asks to avoid any contarity and avoid overlapsbution of the ESIF to EFSI; suggests that the implementation of this new EU investment plan build on the experiences of the three joint initiatives JEREMIE, JESSICA and JASMINE, which allowed an increase in the delivery of Structural Funds from EUR 1.2 billion in 2000-2006 to EUR 8.4 billion in 2007- 2012;
Amendment 62 #
2014/2245(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Calls on the Commission, the Member States and local and regional authorities to take account of policies for protecting women within their investment programmes and to ensure that funds are directed towards effective employment and professional growth and are not misused.
Amendment 121 #
2014/2245(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Warns that the alarming rates of youth unemployment threaten to bring about the loss of an entire generation; insists that advancing the integration of young people into the job market must remain a top priority, to the attainment of which the integrated use of the ESF and the ERDF can make a major contribution; considers that a more results-oriented approach should be taken in this regard to ensure the most effective use of available resources; calls on Member States to establish strong partnerships with stakeholders and to use the European Social Fund and the other structural funds effectively and in synergy with other national policies in this area, and to make impact indicators clear and readily understandable so that their contribution to growth and employment may be properly gauged;
Amendment 122 #
2014/2245(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Warns that the alarming rates of youth unemployment threaten to bring about the loss of an entire generation and that the EU must commit itself to making an active contribution to solving this issue; insists that advancing the integration of young people into the job market must remain a top priority, to the attainment of which the integrated use of the ESF and the ERDF can make a major contribution; considers that a more results-oriented approach should be taken in this regard to ensure the most effective use of available resources;
Amendment 1 #
2014/2242(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes that sustainable urban mobility is an increasingly important topic in cohesion policy, being a key element and facilitator for smart, sustainable and inclusive growth: considers that the ESIF funds, and especially the ERDF, should contribute to the financing, through the operational programmes, of the Sustainable Urban Mobility Plans (SUMPs) for cities and regions and in the EU, by supporting clean and innovative forms of urban transport that will promote multimodality and mobility in a broader territorial context; recalls, in this regard, the importance of more than merely formal respect of the principle of partnership in the programming and implementation of operational programmes, in order to ensure full involvement of the social partners, professional organisations, research centres and enterprises;
Amendment 10 #
2014/2242(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Underlines that the ESIF funds should be systematically used for the development and the implementation of comprehensive and integrated SUMPs for complementarily and mutually reinforcing urban mobility measures in the wider spatial planning context, with account also being taken of the fact that European transport systems are 96% dependent on oil and its by-products, which means it is vital to reduce their negative impact on the environment;
Amendment 14 #
2014/2242(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Notes that promoting sustainable transport and improved network infrastructures, encouraging adaptation to climate change, and risk prevention and management are all among the thematic objectives of cohesion policy 2014-2020;
Amendment 15 #
2014/2242(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Points in particular to the many harmful effects of the current transport model on fundamental elements of the natural environment, including air, water and soil, and on the various ecosystems;
Amendment 27 #
2014/2242(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Calls for a move beyond the current concept of urban mobility based on the use of private vehicles that imply heavy environmental costs, and towards providing guaranteed mobility in urban centres via the public transport system, which should be free and accessible to all;
Amendment 36 #
2014/2242(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Considers that it would be appropriate to promote the sharing ofurban mobility best practices in order to speed up the spread of the most innovative solutions and achievement of the EU’s objectives in this sphere;
Amendment 40 #
2014/2242(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the authorities to promote the use of clean vehicles and clean fuels, along with the development of intelligent transport systems ensuring a territorial continuum between urban centres and their periurban areas; asks the Commission to regulate as soon as possible new forms of mobility using means of transport with automatic pilot;
Amendment 45 #
2014/2242(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the authorities to promote the use of clean vehicles and clean fuels, along with the development of intelligent transport systems ensuring a territorial continuum between urban centres and their periurban areas, whilst also promoting practices likely to reduce the demand for transport, such as teleworking and the use of ICT tools;
Amendment 48 #
2014/2242(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Urges the Member States to facilitate inermodal transport systems and infomobility, and to introduce zones accessible only to public means of transport, electric or car-sharing vehicles and bicycles, as well as developing extensive networks of facilities for recharging electric vehicles by, for example, making use of public lighting networks;
Amendment 70 #
2014/2242(INI)
Draft opinion
Paragraph 11
Paragraph 11
11. ConsiderHopes that the Juncker Plan can play a key role in financing sustainable urban transport projects; believes, therefore, that it is essential to establish strong strategic planning and coherence between urban mobility projects to be supported by the European Fund for Strategic Investment and the objectives and priorities related to urban mobility already developed by national, local and European authorities.
Amendment 26 #
2014/2241(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Welcomes the Commission’s Digital Tourism Platform and its objectives of boosting the innovation capacity of tourism-related SMEs for the purpose of activating the tourism sector and of generating suggestions for how to adapt and shape policies and funding aimed at further developing the tourism sector;
Amendment 44 #
2014/2241(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Recommends the creation of an EU online application containing European travel mapsuggestions for tourist itineraries and activities, developed in collaboration with competent national and local authorities, which could help to promote Europe as a tourist destination and to improve the amount and quality of information available to consumers;
Amendment 92 #
2014/2241(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Considers that the issue of accessible tourism should receive greater attention, in order to give persons with motor and sensory disabilities, individuals with food intolerances, and the elderly the opportunity to fully benefit from the European tourism supply, by promoting measures designed to adapt pre-existing facilities and train staff;
Amendment 7 #
2014/2228(INI)
Draft opinion
Recital A
Recital A
A. whereas the EU agricultural sector is a very sensitive and essential part of the TTIP negotiations and one in which the EU, which already enjoys a significant trade surplus with the US, stands to benefit greatly from new or increased market access opportunitiesrisks seeing its own advantageous position jeopardised by the conclusion of this agreement;
Amendment 8 #
2014/2228(INI)
Draft opinion
Recital A
Recital A
A. whereas the EU agricultural sector is a very sensitive and essential part of the TTIP negotiations and one in which the EU, which already enjoys a significant trade surplus with the US, stands to benefit greatly from new or increased market access opportunitiesstudies commissioned by Parliament have shown that the conclusion of the TTIP agreement could cause serious risks and difficulties for important EU agricultural sectors, including the production of cereals, beef and veal and poultry meat, with regard to both market shares and safety standards relating to public health;
Amendment 26 #
2014/2228(INI)
Draft opinion
Recital B
Recital B
Amendment 37 #
2014/2228(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Is convinced, however, that TTIP should not only cut down barriers but also aim at promoting European high levels of consumer protection; observes that in most sectorssome key sectors there are disparities between EU and US standards and regulatory environments ensure this high level; considers, therefore, that approximathe adjusting our regulations that set lower standards represents a unique chance to establish high-quality standards and laws for consumers which will be the de facto international standards;
Amendment 42 #
2014/2228(INI)
Draft opinion
Recital C
Recital C
C. whereas respect for food safety and human and animal health standards will beis a fundamental tenet of the negotiations for European agriculture;
Amendment 88 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point a
Paragraph 1 – point a
a. prioritise an ambitious and balanced result of the negotiations for agriculture, the three main components of which (market access, geographical indications and sanitary and phytosanitary measures) should be tackled early and in parallel in the negotiation process, in order to give Parliament enough time to discuss and evaluate this chapter with stakeholders and European citizenabandon the negotiations to conclude the TTIP agreement with the United States;
Amendment 89 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point a
Paragraph 1 – point a
a. prioritise an ambitious and balanced result of the negotiations for result which protects EU agriculture, the three main components of which (market access, geographical indications and sanitary and phytosanitary measures) shouldmust be tackled early and in parallel in the negotiation process, in order to give Parliament enough time to discuss and evaluate this chapter with stakeholders and European citizens;
Amendment 111 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point b
Paragraph 1 – point b
b. firmly commit toguarantee the strict preservation of standards on food safety and human and animal health, as defined under EU legislation, and ensure that fundamental values of the EU such as the precautionary principle are not undermined;
Amendment 128 #
2014/2228(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses that, while safeguarding the protection achieved by EU standards and regulations, TTIP should go beyond the WTO Technical Barriers to Trade Agreement, in areas such as conformity assessment, product requirements, or standards, as well as providing for transparency in the preparation and availability of technical regulations, and should at the same time ensure that the regulatory systems are fully compatible and reciprocal;
Amendment 140 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point c
Paragraph 1 – point c
c. ensure a positive final outcome of the negotiations for agriculture reflecting both the offensive and defensive interests of the EU agricultural sector concerning the abolition or reduction of both tariff and non-tariff barriers, including in particular sanitary and phytosanitary standards and procedures, so that EU producers make genuine gains in terms of access to the US market;
Amendment 164 #
2014/2228(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Recalls the aim to continue to guarantee a high level of product safety within the Union; considers that TTIP should not question this requirement, but should eliminate unnecessary duplication of testing that causes a waste of resources, in particular on low-risk products; demands the recognition by the US of self- declaration of conformity on products, where allowed by EU law;
Amendment 193 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point e
Paragraph 1 – point e
e. secure significantly improved protection of EU geographical indications and better consumer information as an essential element of a balancedny agreement, taking the relevant chapter of the CETA with Canada as a good example;
Amendment 216 #
2014/2228(INI)
Draft opinion
Paragraph 14
Paragraph 14
14. Considers that the EU and the US need to establish common rules to define the origin of products, and that such rules should be clear and easily applicable andfor producers, should consider current and future trends in production and should ensure that consumers cannot mistake the origin of products.
Amendment 4 #
2014/2223(INI)
Motion for a resolution
Citation -1 b (new)
Citation -1 b (new)
- having regard to the Decision No 1386/2013/EU of the European Parliament and of the Council of 20 November 2013 on a General Union Environment Action Programme to 2020 'Living well, within the limits of our planet'
Amendment 8 #
2014/2223(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
- having regard to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions entitled "An EU Strategy on adaptation to climate change" COM(2013)0216),
Amendment 10 #
2014/2223(INI)
Motion for a resolution
Citation 1 b (new)
Citation 1 b (new)
- having regard to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions entitled "Our life insurance, our natural capital: an EU biodiversity strategy to 2020 (COM(2011)0244),
Amendment 12 #
2014/2223(INI)
Motion for a resolution
Citation 1 c (new)
Citation 1 c (new)
- having regard to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions entitled "Roadmap to a Resource Efficient Europe" (COM2011)0571),
Amendment 24 #
2014/2223(INI)
Motion for a resolution
Recital B
Recital B
B. whereas, although this is clearly an area of Member State responsibility, forest- based businesses are keen to see better and more active coordination and a higher profile for this important economic sector, as well as guarantees of jobs at European level;
Amendment 26 #
2014/2223(INI)
Motion for a resolution
Recital C
Recital C
C. whereas timber is a sustainrenewable resource and the intelligent and sustainable use of this raw material needs to be ensured, including by the development and exchange of know-how;
Amendment 42 #
2014/2223(INI)
Motion for a resolution
Recital E
Recital E
E. whereas, owing to the urbanisation of our society, EU citizens feel less of a connection to the forest, and have little knowledge of forestry and its positive impact on prosperity, jobs and the whole value chain, climate, environment, human health and the whole value chain and the link with the wider ecosystems;
Amendment 79 #
2014/2223(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Commission communication on a new EU forest strategy and the accompanying working documents, and stresses that an EU forest strategy must focus on better coordination, because the increasing number of European policy initiatives in areasensuring the sustainable management of forests, promoting partnerships between forestry and nature conservation , and the coordination of Community policies which have a direct or indirect reference to forestry such as economic and employment policy, energy supplpolicy, environmental and climate policy, call for a greater contribution from the forestry sector;
Amendment 91 #
2014/2223(INI)
Motion for a resolution
Paragraph 1 – point 1 a (new)
Paragraph 1 – point 1 a (new)
1 a. Considers that forest provides value and benefits to society with their economic, social and environmental functions; underlines the need to determine the value of forest ecosystem services more systematically and to take it into consideration in public and private sector decision-making;
Amendment 114 #
2014/2223(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Acknowledges the importance of ownership and property rights, as well as the various ecosystem and protection services that forests provide to society, and supports all measures enabling all relevant stakeholder groups to participate in a dialogue on developing and implementing sustainable forest management and improve the exchange of information;
Amendment 124 #
2014/2223(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Considers that Europe's forests are of great value in terms of biodiversity and as carbon sinks and therefore should benefit from a high level of protection and an improvement in the conservation status of forest species and habitats, as required under the forest target of the EU Biodiversity Strategy to 2020; highlights the opportunities provided by the Natura 2000 network on this respect, which includes a significant share of Europe's forests;
Amendment 133 #
2014/2223(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Gives its full support to the Commission’'s efforts to promote forest- related employment and the generation of prosperity in Europe, and stresses in this connection the important role of the sustainable production of timber and other materials, such as cork, for; of other forest ecosystem services such as soil protection, flood prevention, carbon sequestration, air cleaning and water filtration; of the development of sustainable economic models and, and of the creation of green jobs and the enlargement of forests' benefits to society as a whole;
Amendment 170 #
2014/2223(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that timber as a raw material, and sustainable forest management, have an important role to play in achievement of the EU’'s socio-political goals such as the energy transition and the implementation of the Europe 2020 Strategy targets and biodiversity targets, and notes that lack of management is inimical tothe absence of forest management may, in certain cases, work against these goals;
Amendment 190 #
2014/2223(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Highlights that the predicted growth in wood demand is both an opportunity and a challenge to the forests and all forest-based sectors, especially as droughts, fires, storms, and pests are expected to damage forests more frequently and more severely as a result of climate change; recalls in this context the need to protect forests from these growing threats and to reconcile their productive and protective functions;
Amendment 203 #
2014/2223(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Takes the view that sustainable forest management must be based on generally acknowledged and accepted criteria and indicators which must always apply to the sector as a whole; strongly supports in this connection the sustainability criteria devised in the framework of Forest Europe (Ministerial Conference on the Protection of Forests in Europe)1 [1], which form a pan-European basis for uniform reporting on sustainable forest management and a basis for sustainability certification; __________________ 1 Forest Europe - Ministerial Conference on the Protection of Forests in Europe, Intergovernmental Negotiating Committee for a Legally Binding Agreement on Forests in Europe: http://www.foresteurope.org/
Amendment 223 #
2014/2223(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Takes the view that forest management plans can be an important strategic instrument for the implementation of concrete measures at the level of individual businesses, while supporting the principle that such measures should be voluntary, in accordance with entrepreneurial freedom; calls at the same time for a clear separation between forest management plans and the management plans under Natura 2000, in view of the need to curb excessive bureaucracy, particularly for small and medium-sized forestry undertaking; recommends at the same time that Natura 2000 protection objectives and measures are taken into account when developing forest management plans;
Amendment 281 #
2014/2223(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Commission and the Member States to devise measures and, where possible, use existing European instruments such as the European Agricultural Fund for Rural Development (EAFRD), the European Regional Development Fund (ERDF), the European Social Fund (ESF) and the European training programmes (ET2020), to compensate for the workforce shortage in the forests; further takes the view that training programmes should be developed, particularly for new entrants and young foresters, so that the transfer of knowledge in sustainable forest management and its downstream industries is ensured;
Amendment 292 #
2014/2223(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Member States and the Commission to promote initiatives focusing more closely on timber as one of the EU’'s crucial and limited raw materials and on the forest as a significant economic factor, environmental and social resource and a supplier for a bio-based society, and expressly supports awareness-raising campaigns to this end in schools and educational establishments;
Amendment 337 #
2014/2223(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Takes the view, therefore, that the Standing Forestry Committee and the involvement of all relevant stakeholders should be strengthened to enable expertise from the Member States to be exploited to that end and to play an active role in the implementation process;
Amendment 354 #
2014/2223(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Notes that, in view of the Commission’'s list of priorities, priority should also be given in implementing the new EU forest strategy to promoting the competitiveness and sustainability of forestry, protecting, conserving and enhancing the ecosystem services they provide, supporting rural and urban areas, expanding the knowledge basis and promoting coordination and communication;
Amendment 45 #
2014/2214(INI)
6. Expresses grave concern at the renewed impulse to the exploration and exploitation of oil and gas, both offshore and on land, especially in areas already heavily affected by significant environmental consequenceGiven that the macro-region’s growth depends more on its ability to attract tourists and on economic activities linked to its specific environmental features and ecosystems than on industry, expresses grave concern at the renewed impulse to the exploration and exploitation of oil and gas, both offshore and on land, and at the plans for further LNG plants, given the major impact that such facilities have been proven to have on the environment, both during normal operation and, all the more so, in the event of accidents; stresses that this is in contradiction with the EUnion’s climate and renewable energy targets;
Amendment 50 #
2014/2214(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 57 #
2014/2214(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Urges Member States to actively involve all stakeholders in the decision-making procedures concerning the macro-region, particularly local communities, which must be able to exercise their right to protect their environment and health when these are put in danger by polluting and dangerous economic activities or by invasive or environmentally harmful infrastructure.
Amendment 71 #
2014/2214(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses the need to align the national and regional operational programmes of EU Member States with the goals of the strategy;
Amendment 79 #
2014/2214(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Considers it imperative that, in the implementation phase of the strategy, its general principles, and in particular matters relating to environmental protection and the enhancement of natural resources, should be taken into due consideration in all four pillars, also in order to take a holistic approach to the complex and varied challenges of the macro-region;
Amendment 80 #
2014/2214(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Urges Member States to actively involve all stakeholders in the decision- making procedures concerning the macro-region, particularly local communities, which must be able to exercise their right to protect their environment and health when these are put in danger by polluting and dangerous economic activities;
Amendment 89 #
2014/2214(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Emphasises that the region faces serious migration problems in the Mediterranean; stresses that controlling these problems is essential for the further development of the southern part of the regionregrets the insufficient cooperation among EU Member States with regard to migratory challenges; considers it imperative that a holistic approach be taken to migration flows, taking into consideration not only the security aspects, but also the humanitarian aspect and the possible integration of migrants;
Amendment 128 #
2014/2214(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes with concern the rate of fish stock depletion in the Adriatic and Ionian Seas as a result of overfishing and the significant risks to all marine life posed by oil and gas prospecting techniques, such as air guns; stresses that fisheries are one of the key components in the economies of the coastal areas and islands; deems it necessary, therefore, to consider the protection and preservation of fish stocks to be a paramount objective of the strategy, to take decisive action in the form of data sharing, joint monitoring platforms and fishery management plans, and to further develop the aquaculture sector;
Amendment 148 #
2014/2214(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Stresses the importance of improving transport and energy connectivity among the participating countries as well as between them and their other neighbours, including maritime transport, intermodal connections to the hinterland and energy networks; underlines the lack of connection between the two coasts on the Adriatic and the infrastructure gap which exists in the Adriatic/Ionian region;
Amendment 150 #
2014/2214(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Stresses the need to develop combined transport of goods and passengers by road and sea as a way of attaining greater social cohesion between the States participating in the Strategy and reducing road congestion and thus CO2 emissions;
Amendment 155 #
2014/2214(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Underlines the importance of connecting maritime transport routes and ports with other parts of Europe and the relevance of interconnections with TEN-T corridors; calls on the participating countries to focus their efforts on implementing projects that are covered by the current TEN-T network and its proposed indicativemplementing other measures for its proposed extension which can overcome the existing disparity in infrastructure in the Adriatic/Ionian area, with particular reference to completing the Baltic- Adriatic corridor, the North-South extension tof the Western Balkans, using existing instrumScandinavian- Mediterranean corridor to the Ancona- Pescara-Bari section and the entire Adriatic coast of Italy, the building of a branch to link the Iberian peninsula to central Italy and the Balkans more effectively so as to develop the motorways of the sea, and improving port infrastructure so as to link the two coasts of the Adriatic more efficientsly;
Amendment 166 #
2014/2214(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Underlines the need to incorporate in the TEN-T networks the high-speed railway line from Ancona to Apulia, in order to eliminate the bottleneck at the Ancona hub;
Amendment 171 #
2014/2214(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the participating countries to improve their maritime, rail and air transport infrastructure, and to develop motorways of the sea in the macro-region, combining intermodal transport means, especially for connecting the hinterland, and to improve transport logistics, putting the most advanced technologies to the best possible use and always ensuring a high level of safety and environmental sustainability;
Amendment 182 #
2014/2214(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Stresses the persistent and deplorable lack of regular rail services and the lack of road links between the Tyrrhenian coast and the Adriatic/Ionian coast, which seriously damages the prospects for tourism and productive activities in the areas concerned;
Amendment 204 #
2014/2214(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Expresses its deep concern regarding the numerous concessions made to various multinational oil companies for the purposes of marine hydrocarbon prospecting, which, moreover, in blatant contradiction with the Union’s climate and renewable energy objectives, will entail a large number of boreholes in semi-enclosed seas such as the Adriatic and Ionian, exposing the macro-region to the risk of disasters with very serious consequences for the environment, economy and public health;
Amendment 211 #
2014/2214(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Considers that growth potential in the macro-region depends chiefly on attracting tourists and on economic activities relating to its particular environment and ecosystem, rather than on industrial development; expresses its deep concern at renewed oil and gas prospecting initiatives on land and at sea, using methods that are particularly dangerous for the ecosystem and fish stocks, such as air-gun exploration techniques in areas in which the environment has already been severely affected;
Amendment 234 #
2014/2214(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Considers that, even from the point of view of diversifying energy supply sources, the economic and strategic benefits of projects such as the Trans- Adriatic pipeline emerging on the coast of Puglia will, in view of the reduction in demand for gas, be negligible compared with the major onshore and offshore environmental impact thereof, seriously undermining delicate ecosystems where the pipeline emerges on land, affecting in particular Posidonia sea grass beds, Caretta caretta turtle colonies and ancient olive groves in the area concerned;
Amendment 242 #
2014/2214(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Stresses the need to encourage the use of existing airports in the macro- region in order to avoid the excessive concentration of passengers in a few airport hubs and promote sustainable and more balanced tourist flows in various locations;
Amendment 245 #
2014/2214(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Recognises the rich cultural and natural heritage of the region as a strong asset, which the tourism sector builds upon; points out the large number of protected UNESCO sites in all participating countries; considers that, despite the significant contribution of this sector to the economy, the tourism potential is not being fully exploited, in particular owing to high seasonality and lacks in the areas of innovation, sustainability, transport infrastructure, the quality of the tourism offer, the skills of participating stakeholders and responsible tourism management; calls, in this connection, for the eight governments adhering to the strategy to adopt policies ensuring adequate connections and tourist facilities both during and outside the summer season so as to diversify tourist flows and ensure a constant tourist presence in every season;
Amendment 267 #
2014/2214(INI)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32 a. Stresses the need for genuine transport intermodality using an integrated network of services and intersections with a view to developing quality eco-tourism;
Amendment 2 #
2014/2213(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
- having regard to the Commission communication Smart cities and communities – European Innovation Partnership, July 2012,
Amendment 3 #
2014/2213(INI)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
- having regard to the Commission's report Cities of tomorrow, challenges, visions, ways forward, October 2011,
Amendment 23 #
2014/2213(INI)
Motion for a resolution
Recital D
Recital D
D. whereas some cities are seeing a decline in their population and face problems due to the scale of the facilities they provide, and others have a growing population, which increases pressure on existing facilities and exacerbates other problems such as (youth) unemployment, social exclusion, traffic congestion and pollution, land and water consumption, energy supply;
Amendment 32 #
2014/2213(INI)
Motion for a resolution
Recital E
Recital E
E. whereas thesome of the strategic challenges which cities are facing can only be met by taking into account their relation torelated to economic development, climate change, transport and demographic change can only be tackled in partnerships between the cities and their surrounding rural areas;
Amendment 35 #
2014/2213(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas, in the last twenty years, the Town Centre Management has established itself as a valid model of bottom-up governance, able to assume exclusive characteristics which are functional to the relevant territory;
Amendment 46 #
2014/2213(INI)
Motion for a resolution
Recital L
Recital L
L. whereas the European Regional Development Fund (ERDF) regulation (Regulation (EU) No 1301/2013) reinforces the urban dimension of the European Structural and Investment Funds (ESIF) by allocating at least 5 % of its financial support to integrated actions for sustainable urban development, by giving urban authorities more responsibilities in selecting and managing projects by creating tools such as integrated territorial investments (ITIs), community-led local development (CLLD) and ‘innovative actions’, and by establishing an urban development network; whereas, however, in the current programming period, some smart cities are planned, but this is mostly restricted to energy and mobility projects, and there is an absence of a wider holistic approach to the future development; (as highlighted in the study of European Parliament "The role of Cities in Cohesion Policy")
Amendment 55 #
2014/2213(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Is of the opinion that EU policies should support and enable towns, cities and larger functional urban areas to attain their full strength and potential as motors of economic growth, employment and, social inclusion and sustainable development; believes, therefore, that towns, cities and larger functional urban areas need to be more closely associated with the entire European policymaking cycle;
Amendment 60 #
2014/2213(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Invites the Commission to consider and acknowledge the experience of Town Center Management as a valid and inclusive model of governance based on the correct development of a European Smart City;
Amendment 68 #
2014/2213(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Asks the Commission to propose ways to introduce an early warning mechanism, giving the subnational government the possibility to observe whether the principles of subsidiarity and proportionality have been taken into account; Recognises that although there is no EU competence on urban development, a broad range of EU initiatives impact directly or indirectly on cities: believes there is a need to better assess this impact as new initiatives are being developed at EU level through a stronger territorial and urban dimension of EU's impact assessments: asks the Commission to work with the Committee of the Regions to strengthen impact assessments;
Amendment 107 #
2014/2213(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Urges the Commission to systematise and analyse all available data and shared conceptual frameworks (‘urban acquis’) in order to provide a clear definition of integrated sustainable urban development and thus identify the common coherent and transparent EU objectives in this area;
Amendment 115 #
2014/2213(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Reminds, however, that an EU urban agenda should also focus on the issue of urban regeneration, and namely of actions aimed at revalorising historical centres in European cities, and at avoiding an 'urban sprawl' that most times, in Europe, result in the building of ghettos, in the consequent social, economic and cultural exclusion of a large part of citizens, and in the related environmental problems like increased air pollution; (As well explained in the report of European Environment Agency n. 10/2006, pag. 5 : " Sprawl threatens the very culture of Europe, as it creates environmental, social and economic impacts for both the cities and countryside of Europe. Moreover, it seriously undermines efforts to meet the global challenge of climate change. Urban sprawl is synonymous with unplanned incremental urban development, characterised by a low density mix of land uses on the urban fringe")
Amendment 119 #
2014/2213(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Regrets that, although the new cohesion policy has legally binding urban- related aspects, especially regarding involvement of cities in the programming phase, the actual participation of civil society organizations and of city and urban representatives in the shaping of the policy is weak; calls on the Commission and the Member States to systematically apply the partnership principle when implementing programmes and projects supported by EU funding, with particular attention being given to the involvement of cities and towns in the management and governance of the programmes;
Amendment 135 #
2014/2213(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Urges the Commission to develop a new model of multi-level governance, combining formal governmental structures with informal flexible governance structures that correspond to the new realities of the digitalised ‘network’ society, and which is adapted to the scale at which the challenges exist based on a transparent set of tools for working with urban stakeholders based on existing good practices, a model that is based on partnerships and genuine collaboration, moving multilevel cooperation beyond simple stakeholder consultations, a model combining formal governmental structures with informal flexible governance structures, a model which improves the multi-level cooperation, both vertical and horizontal, with governmental and non-governmental actors aton local, regional, national and European level, thus bringing government closer to the citizens and improving the democratic legitimacy of the European project; rRecommends that this modelese tools become the generally applied working methods ofn the future European Urban Agenda in particularly across the Commission;
Amendment 154 #
2014/2213(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20 a. Highlights, in particular, the following challenges: a) concerning smart growth: favourable conditions for innovation, generation and circulation of knowledge; attracting talents, improvement of educational system, favourable entrepreneurial environment; b) concerning inclusive growth: manage and adapt to demographic changes due to ageing, age imbalances, mobility within counties and cross-border mobility, international migration. Realise provisions for integration, respect for diversity and participation; c) concerning sustainability: focusing on green growth, and in particular creating green infrastructures; ensuring sustainable urban mobility and transport; preserve the territory from soil, water and air consumption and pollution; climate change adaptation (water shortages, floods, heat or cold waves); energy efficient cities; (This amendment recalls the contents already written in the explanatory statement of the Draft Report, in the paragraph 'challenges for tomorrow's cities', making them explicit and integrating these latter in the text of the Report.)
Amendment 158 #
2014/2213(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Strongly believes that these challenges should respond to the following criteria: 1) are in line with the shared conceptual framework; 2) are major urban challenges with significant impact on cities and functional urban areas in Member States; 3) cannot be solved by Member States unilaterally; 4) where an EU approach has a clear added value; urges the Commission to start working on mapping such challenges in close cooperation with all relevant stakeholders, particularly those at local level;
Amendment 160 #
2014/2213(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
Amendment 168 #
2014/2213(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Asks the Commission to appoint a special EU urban envoy to monitor and evaluate the practical implementation of such coordination by closely following the implementation of the Europe 2020 strategy and the territorial agenda of the EU in a horizontal (engaging all relevant policy sectors) and vertical (engaging all levels of government) manner; is of the opinion that the special EU urban envoy shouldalready existing services or bodies within the Commission, with the help of the Commission’'s Inter-service Group on ‘'Urban Development’, ' should perform a systematic impact assessment of policy proposals, ensuring that the urban dimension of future legislation is adequately addressed;
Amendment 1 #
2014/2209(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Underlines the importance of each European Structural and Investment Fund (ESIF) and of the European Fund for Strategic Investments (EFSI) in enhancing the competitiveness of SMEs and in supporting the shift towards a low-carbon economy in all sectors; is of the opinion that those fundshopes that those funds, together with the European Fund for Strategic Investments (EFSI), will contribute to the achievement of the Europe 2020 objectives for smart, sustainable and inclusive growth;
Amendment 37 #
2014/2209(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Encourages the extension of innovative support schemes, such as green innovation vouchers, which can promote the introduction of sustainable technologies and environmentally friendly solutions into the market; urges the Member States to support the activities of firms involved in the decontamination of polluted sites and in research into new decontamination technologies and sustainable methodological approaches;
Amendment 38 #
2014/2209(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the focus is primarily on high- tech SMEs that directly deliver green innovations, but there is a need to support other companies which wish to comply with environmental regulations and to implement green innovation measures; whereas eco-innovation might be an idea for a new company, but also a measure to improve existing businesses within the framework of the green economy;
Amendment 38 #
2014/2209(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Encourages the extension of innovative support schemes, such as green innovation vouchers, which can promote the introduction of sustainable technologies and environmentally friendly solutions into the market; urges the Member States to promote structural reforms proceeding from the now proven fact that economic growth and environmental sustainability are mutually compatible;
Amendment 43 #
2014/2209(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls onAsks the Commission and the Member States to support and promote the creation of thematic and geographic/regional platforms, through which incremental or breakthrough eco- innovative projects would attract private investments, and to encourage stakeholder cooperation in order to enrich the European value chain; calls on local authorities to use available indirect funding to support eco-innovative SME ventures, not least by applying procedures enabling that funding to be pooled with the direct funding (under the Smart Specialisation Strategies, for example) provided in order to seek and establish clusters of excellence and quality districts;
Amendment 45 #
2014/2209(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. whereas inadequate access to risk capital, in particular at the start-up stages, continues to be one of the main obstacles to the creation and development of growth-oriented businesses;
Amendment 60 #
2014/2209(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Highlights the fact that our economy will need to provide for an ever growing population – 9 billion people by 2050 – and that our natural resources are limited and therefore should be used in a very efficient way; points out new innovative and green solutions to these challenges such as new products, production processes, business practices and services, and a new supporting legal framework;
Amendment 68 #
2014/2209(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Believes that the EU needs to drastically change its entrepreneurial culture in order to contribute to environmentally sustainable economic growth by having more people starting up their own businesses and seeking more businesses opportunities, including in green growth, and by accepting failure and risk-taking; emphasises the importance of putting this issue at the centre of policy making; calls on Member States to cater for a softer landing after business failure, for instance by modifying bankruptcy laws to allow people to start up a new business soon after failure of a previous venture, especially in new and innovative sectors;
Amendment 81 #
2014/2209(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 93 #
2014/2209(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that there is no one-size-fits-all mode of business finance and calls on the Commission to support the development of a broad range of tailored programmes, instruments and initiatives, especially for new business models in the green economy, ranging across equity (such as business angels, crowd funding and multilateral trading facilities), quasi-equity (such as mezzanine finance) and debt instruments (such as small-ticket company bonds, guarantee facilities and platforms), and partnerships between banks and other operators involved in SME financing (accountancy professionals, business or SME associations or chambers of commerce), in order to support businesses in their start-up, growth and transfer phases, taking into account their size, turnover and financing needs; calls on the Member States to provide fiscal incentives for these funding models; stresses the importance of reviewing existing SME supporting instruments to include further green growth opportunities;
Amendment 95 #
2014/2209(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Urges local authorities to use the indirect funding available to them to support green innovation measures taken by SMEs, where appropriate introducing arrangements for combining such funding with direct funding (for example through smart specialisation strategies), with a view to identifying or establishing clusters of excellence and quality hubs;
Amendment 96 #
2014/2209(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the Commission and the Member States to monitor the results achieved by SMEs that have accessed green innovation funding, in order to gauge the effectiveness of such funding; urges the Commission to lose no time in making the changes required for the funding to be more effective, should the results prove to be unsatisfactory;
Amendment 113 #
2014/2209(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Notes the important role of sector federationsUrges sector federations to play a more prominent role in providing appropriate information and advice on green technologies, funding possibilities and the relevant procedures; calls on the Commission and the Member States to fill the gap where this support is lacking;
Amendment 124 #
2014/2209(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Highlights the importance of the commercialisation and valorisation by European companies of R&D output; calls on the Commission and the Member States to provide for a stable regulatory framework and adequate financial schemes in order to enable economic initiative and entrepreneurship and to limit the time to market of new products, services and business practices, notably in the green economy that are more environmentally sustainable;
Amendment 143 #
2014/2209(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Welcomes the Commission decision for withdrawing obsolete or overly burdensome legislative proposals; calls on the Commission to refrain from legislative proposals that would lead to an unnecessary administrative burden for businesses and SMEs and to continuously review existing legislation with the objective of decreasing the current administrative burden and adapting this to new business models; stresses, nonetheless, the need for ambitious actions to reach the EU’s environmental targets;
Amendment 148 #
2014/2209(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Recalls the importance of technology- neutral and green-innovation-friendly legislation, which allows different new technologies geared to more sustainable resource use to be tested and valued by the market; calls on Member States to use market-based instruments in their public support schemes and to refrain from using market-distorting subsidies in their public support schemes; calls on the Commission to draw up common guidelines for national public support schemes for green investment projects in order to create a more uniform set of measures;
Amendment 157 #
2014/2209(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Notes that disruptive industries and technologies often indicate flaws in existing legislation; stresses the need for continuous monitoring of existing legislation and the use of exemption clauses for certain innovative technologiesin order to be able to adjust and update it as soon as this is necessary, to ensure that ithis does not hinder market entry for new green technological developments;
Amendment 166 #
2014/2209(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Believes that developing entrepreneurship skills and programmes to learn how the market, the economy and the financial system operate, function and interact, along with environmental awareness, should be included in basic education systems; believes that a well prepared business plan is the first step towards better access to finance and viability; calls on the Commission and the Member States to include financialeconomic education in their education programmes without delay, with a special focus on efficient resource use; supports in this connection the ‘Erasmus for Young Entrepreneurs’ programme, designed to promote an entrepreneurial culture and develop the single market and competitiveness;
Amendment 24 #
2014/2160(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas many women work in companies free of charge, or as figureheads, or in undeclared employment, which seriously harms their career opportunities and has an adverse effect on their pension entitlements;
Amendment 28 #
2014/2160(INI)
Motion for a resolution
Recital G b (new)
Recital G b (new)
Gb. whereas women are often forced to work in administrative positions in which they have no career development prospects and there is frequently a glass ceiling;
Amendment 40 #
2014/2160(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. whereas women are paid less than their male counterparts even when they do the same work or work at the same level or grade;
Amendment 47 #
2014/2160(INI)
Motion for a resolution
Recital M a (new)
Recital M a (new)
Ma. whereas equality between men and women and the need to bridge the pay gap are vital issues for employment growth, competitiveness and economic revival;
Amendment 77 #
2014/2160(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Takes the view that the Commission and the Member States should adopt shared measures on maternity and paternity leave which enable women to have children without any negative repercussions on their professional status whilst at the same time ensuring that employers do not suffer damage to their businesses;
Amendment 83 #
2014/2160(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls on the Commission and the Member States to adopt all possible measures to prevent and penalise acts of abuse or coercion, situations conducive to blackmail and/or subjugation, or violence against women at the workplace, pointing out that, in addition to acts of physical violence, segregation and discrimination are also forms of mental cruelty or psychological aggression;
Amendment 138 #
2014/2160(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on the Commission to introduce in the new directive sanctions at EU level that would exclude companies found guilty of infringing the equality principle from the public procurement ofmeasures to monitor compliance with the principle of equal treatment and equal opportunities by companies which are awarded public contracts for goods and services financed from the EU budget;
Amendment 6 #
2014/2151(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Welcomes the Commission’s Action Plan with its emphasis on tackling enforcement on commercial scale infringements by adopting a ‘follow the money’ approach where those who are the greatest offenders will suffer financial loss; stresses that the sale of counterfeit goods is frequently a source of funding for organised crime;
Amendment 11 #
2014/2149(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes that cultural heritage projects are often examples of innovative and sustainable economic activities which create jobs and develop the business and research capabilities of small and medium- sized enterprises (SMEs), increase tourism and above all help to protect and conserve regional, national and European cultural identity;
Amendment 28 #
2014/2149(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Recognises, however, the need to promote and support small-scale cultural initiatives also, which can help conserve cultural heritage and promote local development and economic growth in general;
Amendment 30 #
2014/2149(INI)
Draft opinion
Paragraph 4
Paragraph 4
Amendment 54 #
2014/2149(INI)
Draft opinion
Paragraph 11
Paragraph 11
11. Welcomes the Commission proposal to introduce VALOR as the platform for the dissemination of project results, but calls on the Commission also to include in the platform examples of good practice taken from the cultural heritage projects carried out under the ERDF during the 2000-2006 and 2007-2013 programming periods; recommends carrying out a technical analysis of the specific methods of uploading data on the portal.
Amendment 39 #
2014/2147(INI)
Motion for a resolution
Recital Ha (new)
Recital Ha (new)
Ha. whereas the figures contained in the Commission’s report for the period 2003- 2010 show that there has been a slight reduction in the total EU agricultural area cropped with F&V, there has also been an increase in the average area cropped per holding, which suggests that it is mainly a question of small holdings disappearing;
Amendment 60 #
2014/2147(INI)
Motion for a resolution
Recital O
Recital O
O. whereas the crisis caused by the Russian ban has had significant Russian ban has had significant negative effects on the F&V sector; whereas the importance of the existence of strong POsPOs organised in such a way as to be able to collectively deal with unexpected and adverse situations must be underlined;
Amendment 123 #
2014/2147(INI)
Motion for a resolution
Paragraph 6a (new)
Paragraph 6a (new)
6a. Urges the Commission to ensure that strengthening of the PO system does not become a threat to the existence of producers operating on short supply chains or local markets, or who sell their products direct;
Amendment 176 #
2014/2147(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Stresses the importance of ensuring that the structure and functioning of POs and APOs are based on the principles of independence and democracy, in order to enhance mutual trust among producers and combat unfair trading practices and opportunistic behaviour;
Amendment 210 #
2014/2147(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Stresses that POs should help to combat illegal activity in the agricultural sector, particularly as regards ecomafia organisations and the black economy; calls on the Commission and the Member States to monitor progress in this respect;
Amendment 33 #
2014/2146(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the Russian ban on European dairy products since August 2014 has had a significant impact on the EU internal market and demonstrated the importance of securing diverse export markets for EU products, but also the need to apply market measures at this critical time capable of correcting both the fall in demand and the excess of supply, in order to prevent prices from collapsing;
Amendment 91 #
2014/2146(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Highlights that dairy farmers are particularly vulnerable to income variations and risks owing to high capital costs, volatile dairy commodity prices, input and energy costs, and that a sustainable livelihood from dairy farming is an ongoing challenge as production costs are frequently close to or above farm gate prices;
Amendment 100 #
2014/2146(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Urges the Commission to address the crisis currently facing the dairy sector as a result of the lack of adequate instruments to handle crisis situations, a dip in global demand, global price volatility and the Russian embargo, and recognises the targeted measures taken thus far in addressing the impact of the Russian embargo;
Amendment 118 #
2014/2146(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Recalls that the dairy crisis of 2009 occurred under the quota structure, thereby demonstrating that the quota system was not applied effectively in reducing quantities produced to match the level of demand; reminds the Commission that the delay in responding to the crisis forced many dairy farmers out of business, and expresses concern regarding the Commission’s capacity to respond rapidly and effectively to market crises;
Amendment 124 #
2014/2146(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 182 #
2014/2146(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Takes the view that EU dairy policy after the expiry of milk quotas presents an opportunity for the EU economy, provided that measures are implemented that are able to provide financial and other support to farmers, above all to small-scale farmers, to ensure that they are prepared, thereby guaranteeing the existence of an adequate number of dairy farms; and considers that any future measures must strengthen its competitiveness and stability in order to facilitate growth and innovation;
Amendment 224 #
2014/2146(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Highlights that, so far, the contracts have not helped improve the situation in the sector or that of farmers as was previously hoped, due in part to the lack of minimum standards and also the weak bargaining position of farmers;
Amendment 230 #
2014/2146(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Considers that minimum standards should be set with regard to the contracts, which minimum standards should include: a defined quantity, a defined quality, a defined or agreed price based on the average full costs of milk production in the European Union, defined contract terms; considers that the Milk Market Observatory should be notified promptly of contracts when they are concluded;
Amendment 239 #
2014/2146(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes that the sector could further explore the potential offered by longer- term integrated supply chain contracts, forwards contracts, fixed margin contracts, and the opportunity to ‘lock in’ a milk price reflective of production costs for a set period of time; believes that the option to avail of new instruments in contractual relations should be available;
Amendment 268 #
2014/2146(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls for greater support in establishing independent producer organisations through more widespread information mechanisms and support for management activities, so as to encourage farmers to see them as effective instruments and participate therein;
Amendment 280 #
2014/2146(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Emphasises the importance of the Milk Market Observatory (MMO) in disseminating and analysing market data and calls for an increased role for the MMO, above all in managing the implementation of future crisis prevention programmes; recommends that the Commission take the necessary action to ensure that the MMO is in a position to communicate earlyier and more frequent warnings to the Commission, Member States and relevant stakeholders, when the market situation so requires; considers that the information provided by the MMO should involve updates on market and price trends, and should be easily accessible and user-friendly for all stakeholders;
Amendment 329 #
2014/2146(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Points out that global dairy demand is predicted to grow by 2 % per annum, offering opportunities for products of EU origin; notes, however, that the market is increasingly dominated by dried dairy products; furthermore notes that, even if this growth does not occur, measures capable of stabilising the market need to be adopted;
Amendment 346 #
2014/2146(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Underlines that bilateral trade negotiations may represent strategic opportunities for the EU dairy sector, but that there is a need to provide adequate protection against a potential lowering of quality, safety and health standards caused by agreements currently under discussion;
Amendment 355 #
2014/2146(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Underlines the possible threat posed by non-recognition of PDOs and PGIs by American authorities in the context of the transatlantic negotiation (TTIP);
Amendment 424 #
2014/2146(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Underlines the necessity of establishing a specialised programme; considers that such a programme, in order to be truly effective, should be formed of three stages: a) identification of the crisis, b) immediate urgent response, c) identification of any possible measures for reallocating the quantities produced;
Amendment 454 #
2014/2146(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Underlines the importance of a more responsive and realistic crisis instrument, and recommends that the Commission engage with the sector on the possibility of using risk management instruments such as the futures markets to take advantage of the volatprogramme suggested in the Committee of the Regions’ draft report of 5 March 2015 and the futures markets to ensure greater stability in the sector to increase its competitiveness;
Amendment 466 #
2014/2146(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Stresses that dairy producers are particularly vulnerable to imbalances in the supply chain, in particular owing to fluctuating demand, rising production costs and decreasing farm gate prices; considers that the downward pressure on prices by retailers from own-brand labelling and the persistent use of liquid milk as a ‘loss leader’ by retailers undermines the work and, investment of producers in the dairy sector and devalues the end product for the consumer and the lack of a crisis management programme;
Amendment 9 #
2014/2075(DEC)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls for a harmonization of the criteria chosen by the European Commission and the Court of Auditors in the definition of the error rate;
Amendment 27 #
2014/2075(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes that 80 % of funding is administered under shared management at Member State level and that the Court found that for the majority of errors identified there was sufficient information available for Member States to detect these errors themselves; points out, therefore, that measures such as improving administrative capacity on procurement, eligibility rules and, state aid, financial instruments, and focusing on simplification and on a risk-based approach should be implemented at Member State level;
Amendment 30 #
2014/2075(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes the reinforced procedures foreseen in the regulatory framework for the 2014-2020 programming period, and in particular regarding the management verifications and controls before the certification to the Commission of programme annual accounts and the submission of management declarations by the managing authorities; notes that the Commission’s corrective capacity was further improved by removing, under certain conditions, the possibility for Member States to re-use funds, resulting in net financial corrections, but stresses that these measures should be taken only under the conditions laid down in Articles 144 and 145 of the Common Provisions Regulation; welcomes the establishment of a Competence Centre on administrative capacity building to support public administrations managing ERDF and the Cohesion Fund and to help them achieve the objectives of increasing the absorption and the effectiveness of the Funds; supports the enhanced result- orientation and thematic concentration of cohesion policy that should ensure high added value of the co- financed operations.
Amendment 45 #
2014/0255(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) As a types of feed, medicated feed and intermediate products falls within the scope of Regulation (EC) No 183/2005 of the European Parliament and of the Council6, of Regulation (EC) No 767/2009 of the European Parliament and of the Council7, of Regulation (EC) No 1831/2003 of the European Parliament and of the Council8 and of Directive 2002/32/EC of the European Parliament and of the Council9. Specific provisions for medicated feed and intermediate products should be established concerning facilities and equipment, personnel, manufacture quality control, storage and transport, record- keeping, complaints and product recalls, the application of procedures based on the hazard analysis and critical control points (HACCP) principles and labelling. __________________ 6 Regulation (EC) No 183/2005 of the European Parliament and of the Council of 12 January 2005 laying down requirements for feed hygiene (OJ L 35, 8.2.2005, p. 1). 7 Regulation (EC) No 767/2009 of the European Parliament and of the Council of 13 July 2009 on the placing on the market and use of feed (OJ L 229, 1.9.2009, p. 1). 8 Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (OJ L 268, 18.10.2003, p. 29). 9 Directive 2002/32/EC of the European Parliament and of the Council of 7 May 2002 on undesirable substances in animal feed (OJ L 140, 30.5.2002, p. 10).
Amendment 53 #
2014/0255(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Carry-over may occur during production, processing, storage and transport of feed where the same production and processing equipment, storage facilities or means of transport are used for feed with different components. For the purposes of this Regulation, the concept of ‘carry-over' is used specifically to designate the transfer of traces of an active substance contained in a medicated feed to a non-target feed, while the term ‘cross-contamination' is to be considered as a contamination resulting from a carry-over or from the transfer in feed of any unintended substance. Carry-over of active substances contained in medicated feed toin non-target feed should be avoided or kept as low as possible. In order to protect animal health, human health and the environment, maximum levels of carry- over forimits for trace levels of active substances contained in medicated feed should be established, based on a scientific risk assessment performed by the European Food Safety Authority and taking into account the application of good manufacturing practice and the ALARA (As Low As Reasonably Achievable) principle. General limits should be set out in this Regulation, taking into account the unavoidable carry-over and the risk caused by the active substances concerned.
Amendment 78 #
2014/0255(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Taking into account the serious public health risk posed by resistance to antimicrobials, it is appropriate to limit the use of medicated feed containing antimicrobials for food-producantimicrobials ing animals. Preventive use or use to enhance the performance of food-producing animals should in particular not be allowed. The Commission should encourage innovation in the development of nutritional solutions to preserve animals' welfare and thereby contribute to reduce the need for veterinary treatment, in particular via antimicrobials.
Amendment 89 #
2014/0255(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) the placing on the market, including import from third countries, and use of medicated feed and intermediate products;
Amendment 95 #
2014/0255(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) the definitions of 'food-producing animal' and 'non-food producing animals', 'feed materials', 'compound feed', 'complementary feed', 'mineral feed', 'labelling', 'label', 'minimum storage life' and 'batch' as laid down in Article 3(2) of Regulation (EC) No 767/2009;
Amendment 104 #
2014/0255(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) 'medicated feed': a mixtureresult of the manufacturing of one or more veterinary medicinal products or intermediate products authorised for this purpose with one or more feeds which is ready to be directly fed to animals without further processing;
Amendment 122 #
2014/0255(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point i e (new)
Article 2 – paragraph 2 – point i e (new)
(ie) 'preventive treatment (prophylaxis)': treatment of an animal or a group of animals before the emergence of clinical signs of a disease, in order to prevent the occurrence of a disease or an infection;
Amendment 127 #
2014/0255(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point i f (new)
Article 2 – paragraph 2 – point i f (new)
(if) 'control treatment (metaphylaxis)': treatment of a group of animals, after a diagnosis of a clinical disease in part of the group has been made, with the aim of treating the clinically sick animals and controlling the spread of disease to animals in close contact and at risk which may already be infected;
Amendment 155 #
2014/0255(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point b
Article 5 – paragraph 2 – point b
(b) the medicated feed is manufactured in compliance with the relevant conditions laid down in the summary of the product characteristics referred to in Article 14 of Directive 2001/82/EC, related to the veterinary medicinal products to be incorporated in the medicated feed; this includes in particular provisions regarding interactions between the veterinary medicinal products and the feed that may impair the safety or the efficacy of the medicated feed;
Amendment 156 #
2014/0255(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point c
Article 5 – paragraph 2 – point c
Amendment 163 #
2014/0255(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The Commission may, by means of implementing acts, establish criteria for the homogenous incorporation of the veterinary medicinal product into the medicated feed or into the intermediate product, taking into account the specific properties of the veterinary medicinal products and of the mixanufacturing technology (mixing, spraying, etc.). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 20(2).
Amendment 167 #
2014/0255(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Feed business operators manufacturing, storing, transporting and placing on the market medicated feed and intermediate products shall apply measures in accordance with Article 3 and 4 to avoidminimise carry-over.
Amendment 173 #
2014/0255(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
The Commission shall be empowered to adopt delegated acts in accordance with Article 19 concerning the establishment of specific carry-overmaximum limits for trace levels of active substances in non-target feed.
Amendment 186 #
2014/0255(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 2 – point b
Article 7 – paragraph 2 – subparagraph 2 – point b
(b) for the other active substances, 3%1% of the authorised maximum content of the active substance in the last batch of medicated feed or of intermediate product produced before the production of non- target feed for withdrawal feed and for 'continuous food-producing animals' feed.
Amendment 200 #
2014/0255(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. In addition to Article 11(1), Articles 121(4), 12, 14, 15 and 147 of Regulation (EC) No 767/2009, the labelling of medicated feed and intermediate products shall comply with Annex III to this Regulation.
Amendment 204 #
2014/0255(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Permitted tolerances for discrepancies between the labelled compositional values ofand amount of active substances in a medicated feed or an intermediate product and the values analysed in official controls performed in accordance with Regulation (EC) No 882/2004 are as set out in Annex IV.
Amendment 221 #
2014/0255(COD)
Proposal for a regulation
Article 15 – paragraph 3 a (new)
Article 15 – paragraph 3 a (new)
Amendment 236 #
2014/0255(COD)
Proposal for a regulation
Article 15 – paragraph 6
Article 15 – paragraph 6
6. The prescription shall, in line with the summary of the product characteristics of the veterinary medicinal product, indicate the inclusion rate of the veterinary medicinal product and the quantity of medicated feed calculated on the basis of the relevant parameters. The daily dose shall be incorporated in a quantity of medicated feed that ensures the uptake of the daily dose by the target animal considering that the feed uptake of diseased animals might differ from a normal daily ration
Amendment 257 #
2014/0255(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point b
Article 16 – paragraph 1 – point b
(b) the quantities required for one month's treatment or two weeken days in case of medicated feed containing antimicrobial veterinary medicinal products, unless differently provided for in the prescription in accordance with the summary of product characteristics (SPC).
Amendment 271 #
2014/0255(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Medicated feed containing antimicrobial veterinary medicinal products shall not be used to prevent diseases in food-producing animals or to enhance their performancefor prophylaxis. Metaphylaxis is allowed to minimize the spread of an infection within a group of animals where the presence of an infectious agent has been confirmed.
Amendment 301 #
2014/0255(COD)
Proposal for a regulation
Annex 1 – section 6 – point 2 – point i
Annex 1 – section 6 – point 2 – point i
(i) for the distributor who supplies to the animal holder information on the person who has issued the prescription, including at least his name and address.
Amendment 307 #
2014/0255(COD)
Proposal for a regulation
Annex 2 – point 2
Annex 2 – point 2
2. The daily dose of the veterinary medicinal product shall be incorporated in a quantity of medicated feed that ensures the uptake of the daily dose by the target animal considering that the feed uptake of diseased animals might differ from a normal daily raccordance with the prescription.
Amendment 310 #
2014/0255(COD)
Proposal for a regulation
Annex 3 – point 1
Annex 3 – point 1
(1) the expression 'Medicated feed' or 'Intermediate product for medicated feed' supplemented by the expression 'complete' or 'complementary', as appropriate, and the target species;
Amendment 312 #
2014/0255(COD)
Proposal for a regulation
Annex 3 – point 3
Annex 3 – point 3
(3) the approval number of the person responsible for the labelling and of the manufacturer if different from the person responsible for labelling, in accordance with Article 12;
Amendment 318 #
2014/0255(COD)
Proposal for a regulation
Annex 3 – point 6
Annex 3 – point 6
(6) the veterinary medicinal products with name, active substance, strength, and its added amount, strength, marketing authorisation holder and marketing authorisation number, preceded by the heading ‘medication';
Amendment 319 #
2014/0255(COD)
Proposal for a regulation
Annex 3 – point 7
Annex 3 – point 7
(7) therapeutic indications of the veterinary medicinal products, any contra- indications and adverse events in so far as these particulars are necessary for the use;
Amendment 333 #
2014/0255(COD)
Proposal for a regulation
Annex 4 – point 1 – paragraph 1
Annex 4 – point 1 – paragraph 1
1. The tolerances laid down in this point shall include technical and analytical deviations.
Amendment 339 #
2014/0255(COD)
Proposal for a regulation
Annex 4 – point 1 – paragraph 2
Annex 4 – point 1 – paragraph 2
Where the composition of a medicated feed or an intermediate product is found to deviate from the amount of an antimicrobial active substance indicated on the label, a tolerance of 10% shall apply. For the other active substances, the following tolerances shall apply:
Amendment 37 #
2014/0185(COD)
Proposal for a decision
Recital 19
Recital 19
(19) A single sector interoperability perspective is associated with the risk that the adoption of different or incompatible solutions at national or sectoral levels will throw up new e-barriers that impede the proper functioning of the internal market and the associated freedoms of movement, and undermine the openness and competitiveness of markets and the delivery of services of general interest to citizens and enterprises. In order to mitigate this risk, Member States and the Union should step up joint efforts to avoid market fragmentation and ensure cross- border or cross-sector interoperability in the implementation of legislation, while reducing administrative burdens and costs, and promote commonly agreed ICT solutions with the aim of harmonising them across the Union as much as possible, while ensuring appropriate governance.
Amendment 41 #
2014/0185(COD)
Proposal for a decision
Recital 23
Recital 23
(23) Solutions established or operated under the present ISA2 Programme should, as far as possible, form part of a consistent environment of services facilitating interaction between European public administrations, enterprises and citizens, promoting the exploitation of the potential of e- government and e-democracy and ensuring, facilitating and enabling cross- border or cross-sector interoperability.
Amendment 55 #
2014/0185(COD)
Proposal for a decision
Recital 29
Recital 29
(29) Interoperability of European public administrations concerns all levels of administration: European, local, regional and national. It is therefore important to ensure that participation is as broad and inclusive as possible in the ISA2 programme and that solutions take into account their respective needs, as well as those of citizens and enterprises where relevant.
Amendment 78 #
2014/0185(COD)
Proposal for a decision
Article 3 – paragraph 1 – point f a (new)
Article 3 – paragraph 1 – point f a (new)
(fa) the development and delivery of public services with fewer administrative burdens and lower costs, by fully exploiting the potential of e-government and e-democracy;
Amendment 98 #
2014/0185(COD)
Proposal for a decision
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Involvement of the largest possible number of Member States in a project shall be encouragedconstitute a priority for selection, in order to promote commonly agreed solutions that are as harmonised as possible across the Union. Member States shall be able, and encouraged, to join a project at any stage.
Amendment 123 #
2014/0185(COD)
Proposal for a decision
Article 7 – paragraph 1 – subparagraph 2
Article 7 – paragraph 1 – subparagraph 2
The rolling work programme shall identify, prioritise, document, select, design, implement and evaluate the actions referred to in Article 5, taking care to ensure that participation is as broad and inclusive as possible, as well as promote their results.
Amendment 491 #
2014/0100(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation establishes the principles of organic production and the control and certification thereof and lays down the rules concerning organic production and the processing and distribution of organic products, as well as the use of indications referring thereto in labelling and advertising.
Amendment 498 #
2014/0100(COD)
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 1
Article 2 – paragraph 1 – subparagraph 1
This Regulation shall apply to agricultural products listed in Annex I to the Treaty on the Functioning of the European Union (‘the Treaty’) and to some other products closely linked to farming that are listed in Annex I to this Regulation, insofar as those agricultural products and those other products are intended to be produced, prepared, distributed, placed on the market, imported or exported as organic.
Amendment 522 #
2014/0100(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 7
Article 3 – paragraph 1 – point 7
(7) ‘group of operators’ means a group in which each operator is a farmer who has a holding of up to 5 hectares of utilised agricultural area andrun exclusively by farmers, each of whom may, in addition to producing food or feed, be engaged in processing of food or feed, and whose holdings are close to one another and produce the same product;
Amendment 562 #
2014/0100(COD)
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
Organic production is a sustainable management system for agriculture that is based on the following general principles:
Amendment 567 #
2014/0100(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c a (new)
Article 4 – paragraph 1 – point c a (new)
(ca) helping to protect the environment, the climate and human beings;
Amendment 575 #
2014/0100(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point g a (new)
Article 4 – paragraph 1 – point g a (new)
(ga) ensuring the quality of organic products at all stages of production, processing and distribution;
Amendment 639 #
2014/0100(COD)
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. There shall be a 10-year transitional period, running from the date of conversion, by the end of which the entire holding shall comply with the provisions of this Regulation. During that transitional period, the holding shall be split into geographically separated organic and non-organic production units. Farming operations conducted in accordance with this Regulation shall involve species that are different, and may easily be distinguished, from those in which other methods are used.
Amendment 667 #
2014/0100(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. GMOs and products produced from or by GMOs shall not be used in food or feed or as food, feed, processing aids, additives, plant protection products, fertilisers, soil conditioners, plant reproductive material, micro-organisms and animals in organic production.
Amendment 670 #
2014/0100(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. For the purposes of paragraph 1, with regard to GMOs or products produced from or by GMOs for food and feed, operators may rely on the labels of a product Any reference to or use of the term ‘or gany other accompanying document, affixed or provided pursuant to Directive 2001/18/EC, Regulation (EC) No 1829/2003 of the European Parliament and of the Council48 or Regulation (EC) No 1830/2003 of the European Parliament and of the Council49. __________________ 49 European Parliament and of the Council of 22 September 2003 concerning the traceability and labelling of genetically modified organisms and the traceability of food and feed products produced from genetically modified organisms and amending Directive 2001/18/EC (OJ L 268, 18.10.2003, p. 24).ic’ or ‘bio’ on food which, during the stages of its production, has been contaminated by genetically modified material, shall also be prohibited. Regulation (EC) 1830/2003 of the
Amendment 673 #
2014/0100(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 690 #
2014/0100(COD)
Proposal for a regulation
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2a. Where the plant reproductive material is obtained from plants cultivated on holdings in compliance with this Regulation, it shall be deemed as having been obtained in accordance with organic methods, regardless of the fact that it may derive from a registered variety.
Amendment 793 #
2014/0100(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. In order to ensure the effectiveness, efficiency and transparency of the organic production and labelling system, the Commission shall be empowered to adopt delegated acts in accordance with Article 36 regarding the specific criteria and conditions for the application of the levels referred to in paragraph 1 and regarding the establishment of those levels in a uniform manner across the Union, and their adaptation in the light of technical developments.
Amendment 805 #
2014/0100(COD)
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. By way of derogation from Article 211(1) of Regulation (EU) No 1308/2013, and subject to an authorization by the Commission adopted without applying the procedure referred to in Article 37(2) or (3) of this Regulation, Member States mayshall grant national payments to compensate farmers for the losses they have incurred due to the contamination of their agricultural products by non-authorised products or substances which prevents them from marketing those products as organic provided that the farmers have taken all appropriate measures to prevent the risk of such contamination. Member States may also use the instruments of the Common Agricultural Policy to cover totally or partially such losses.
Amendment 843 #
2014/0100(COD)
Proposal for a regulation
Article 23 a (new)
Article 23 a (new)
Article 23a Control arrangements 1. Member States shall set up a system of controls and shall designate one or more competent authorities to be responsible for monitoring compliance with the obligations laid down by this Regulation, in accordance with Article 3 of Regulation (EU) No XX/XXXX (the Official Controls Regulation OCR). 2. In addition to the conditions laid down in the Official Controls Regulation, the control system set up under this Regulation shall comprise at least the application of the precautionary measures provided for by Article 20a and the control measures provided for by this Chapter. 3. The nature and frequency of the controls shall be determined on the basis of an assessment of the risk of occurrence and the seriousness of non-compliance with the requirements laid down in this Regulation. All operators and groups of operators shall be subject to a process of physical ‘in situ’ verification of their compliance with the applicable rules. Such verification shall be based on an audit to be carried out at least once a year and on further inspections, screening and targeted screening, depending on the likelihood of non-compliance. The Commission shall be empowered to adopt delegated acts in accordance with Article 36 concerning the detailed elements of the risk assessment, the rates of control and the proportion of random controls. However, operators dealing only with pre- packaged products and operators selling to the final consumer or user shall not be subject to the control system as provided for in this Regulation.
Amendment 865 #
2014/0100(COD)
Proposal for a regulation
Article 24 – paragraph 1 a (new)
Article 24 – paragraph 1 a (new)
1a. Member States may exempt from the application of this Article operators who deal exclusively in pre-packed products provided there is absolutely no possibility of them handling the product.
Amendment 877 #
2014/0100(COD)
Proposal for a regulation
Article 24 – paragraph 5
Article 24 – paragraph 5
5. Member States shall ensure that the fees that may be collected by the competent authorities, control authorities or control bodies in accordance with Article 76 of Regulation (EU) No XX/XXXX (official controls Regulation) are not excessively burdensome for operators and are made public.
Amendment 928 #
2014/0100(COD)
Proposal for a regulation
Article 30 – paragraph 1 a (new)
Article 30 – paragraph 1 a (new)
The Commission shall publish an updated list of the differences between production rules and control measures in force in the European Union and those applied in recognised third countries
Amendment 949 #
2014/0100(COD)
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
By 31 December 2021, the Commission shall present a report to the European Parliament and the Council on the availability of organic plant reproductive material and animals for breeding purposes, in which the Commission shall take account of differentiation between species and sub-species arising from differences in climate, soil, altitude and other factors that characterise individual geographical regions.
Amendment 1072 #
2014/0100(COD)
Proposal for a regulation
Annex II – part II – point 1.4.1 – paragraph 1 – point g
Annex II – part II – point 1.4.1 – paragraph 1 – point g
(g) suckling animals shallmust be fed in preferencedirectly on maternal milk for a minimumthe duration of the natural weaning period;
Amendment 1110 #
2014/0100(COD)
Proposal for a regulation
Annex II – part II – point 1.7.2
Annex II – part II – point 1.7.2
1.7.2. Husbandry practices, including stocking densities and housing conditions shall ensure that the developmental, physiological and ethological needs of animals are met during the entire life of the animal.
Amendment 1233 #
2014/0100(COD)
Proposal for a regulation
Annex II – part II – point 2.4.4 – paragraph 1 – point e – point vi
Annex II – part II – point 2.4.4 – paragraph 1 – point e – point vi
Amendment 1287 #
2014/0100(COD)
Proposal for a regulation
Annex II – part III – point 4.1.5.3 – paragraph 1 a (new)
Annex II – part III – point 4.1.5.3 – paragraph 1 a (new)
Aquaculture should only be authorised for species where knowledge of the standards pertaining to their needs exists in a manner sufficient to ensure correct application.
Amendment 130 #
2014/0014(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
12a In order to verify the effectiveness of the programmes, financing should be provided for initiatives to monitor and evaluate the results achieved, with particular attention being paid to medium term changes in consumption.
Amendment 210 #
2014/0014(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) No 1308/2013
Article 23 – paragraph 6
Article 23 – paragraph 6
6. Member States shall choose the products to be featured in the distribution or to be included in supporting educational measures on the basis of objective criteria which may include the health and, environmental and ethical considerations, seasonality, variety, or availability of local produce, giving priority to the extent practicable to products originating in the Union, particularly to local purchasing, organic products, short supply chains orand with a particular focus on environmental benefits.
Amendment 219 #
2014/0014(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) No 1308/2013
Article 23 – paragraph 7
Article 23 – paragraph 7
7. Member States shall, in order to promote healthy eating habits which are more sustainable from an environmental perspective, ensure that their competent health authorities endorse the list of all the products supplied under the school scheme and decide on their nutritional aspects.
Amendment 279 #
2014/0014(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) No 1308/2013
Article 23 a – paragraph 3
Article 23 a – paragraph 3
3. Member States shall apply every year for the participation in the school scheme by submitting their request for the Union aid for each category of product they wish to distribute as referred tofrom the three listed in Article 23(1)(a).
Amendment 300 #
2014/0014(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) No 1308/2013
Article 23 a – paragraph 6 a (new)
Article 23 a – paragraph 6 a (new)
6 a. Member States shall establish monitoring and evaluation measures in order to verify the results and efficacy of the scheme on changing eating habits in the medium term. The Union may finance the above measures pursuant to Article 6 of Regulation (EU) No 1306/2013.
Amendment 302 #
2014/0014(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) No 1308/2013
Article 23 a – paragraph 7
Article 23 a – paragraph 7
7. The Union may also finance, pursuant to Article 6 of Regulation (EU) No 1306/2013 , information, monitoring and evaluation measures relating to the school scheme, including raising public awareness of it, and related networking measures.
Amendment 316 #
2014/0014(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EU) No 1308/2013
Article 24 – paragraph 1 – point c
Article 24 – paragraph 1 – point c
(c) the drawing-up of the national or regional strategies and on the supporting educational, monitoring and evaluation measures.
Amendment 342 #
2014/0014(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EU) No 1308/2013
Article 24 – paragraph 3
Article 24 – paragraph 3
3. In order to promote awareness of the school scheme the Commission shall be empowered to adopt delegated acts in accordance with Article 227, requiring Member States with a school scheme to clearly and unambiguously publicise the subsidising role of the Union aid.
Amendment 52 #
2013/0443(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Member States should adopt and implement a national air pollution control programme which takes into account the various anthropogenic emissions that contribute to increasing greenhouse gases, while making a distinction between industrial and agricultural emissions, with a view to meeting their emission reduction requirements and intermediate emission levels, and to contributing effectively to the achievement of the Union air quality objectives. To this effect, Member States should take account of the need to reduce emissions in zones and agglomerations affected by excessive air pollutant concentrations and/or in those that contribute significantly to air pollution in other zones and agglomerations, including in neighbouring countries. National air pollution control programmes should, to that end, contribute to the successful implementation of air quality plans enacted under Article 23 of Directive 2008/50/EC of the European Parliament and of the Council.23 __________________ 23 Directive 2008/50/EC of the European Parliament and of the Council of 21 May 2008 on ambient air quality and cleaner air in Europe (OJ L 152, 11.6.2008, p. 1).
Amendment 71 #
2013/0443(COD)
Proposal for a directive
Article 3 – point 1 a (new)
Article 3 – point 1 a (new)
1a. ‘anthropogenic emissions’ mean atmospheric gas emissions resulting from human activities. May derive from industrial or agricultural activities, but also from common social activities;
Amendment 73 #
2013/0443(COD)
Proposal for a directive
Article 3 – point 2
Article 3 – point 2
2. ‘ozone precursors’ mean nitrogen oxides, nitrous oxide, non-methane volatile organic compounds, methane, and carbon monoxide;
Amendment 74 #
2013/0443(COD)
Proposal for a directive
Article 3 – point 4 a (new)
Article 3 – point 4 a (new)
4a. ‘nitrous oxide’ and ‘N2O’ expressed as nitrogen monoxide;
Amendment 85 #
2013/0443(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall, as a minimum, limit their annual anthropogenic emissions of sulphur dioxide (SO2), nitrogen oxides (NOX) and nitrous oxide (N2O), volatile organic compounds other than methane (NMVOC), ammonia (NH3), particulate matter (PM2,5) and methane (CH4) in accordance with the national emission reduction commitments applicable from 2020 and 2030, as laid down in Annex II.
Amendment 92 #
2013/0443(COD)
Proposal for a directive
Article 4 – paragraph 2 – subparagraph 1
Article 4 – paragraph 2 – subparagraph 1
1. Without prejudice to paragraph 1, Member States shall take all the necessary measures not entailing disproportionate costs to limit their 2025 anthropogenic emissions of SO2, NOX, N2O, NMVOC, NH3, PM2,5 and CH4. The levels of those emissions shall be determined on the basis of fuels sold, by a linear reduction trajectory established between their emission levels for 2020 and the emission levels defined by the emission reduction commitments for 2030.
Amendment 158 #
2013/0443(COD)
Proposal for a directive
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2 a. The Commission shall make those reports publicly available.
Amendment 83 #
2013/0402(COD)
Proposal for a directive
Recital 14
Recital 14
(14) The prospect of losing the confidentiality of a trade secret during litigation procedures often deters legitimate trade secret holders from instituting proceedings to defend their trade secrets, thus jeopardising the effectiveness of the measures and remedies provided for. For this reason, it is necessary to establish, subject to a balance between appropriate safeguards ensuring the right to a fair trial, and specific requirements aimed at protecting the confidentiality of the litigated trade secret in the course of legal proceedings instituted for its defence. These should include the possibility to restrict access to evidence or hearings for persons not connected with the parties, or to publish only the non- confidential elements of judicial decisions. Such protection should remain in force after the legal proceedings have ended for as long as the information covered by the trade secret is not in the public domain.
Amendment 201 #
2013/0402(COD)
Proposal for a directive
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
Member States shall ensure that the parties, their legal representatives, court officials, witnesses, experts and any other person participating in the legal proceedings relating to the unlawful acquisition, use or disclosure of a trade secret, or who has access to documents which form part of those legal proceedings, shall not be permitted to use or disclose any trade secret or alleged trade secret of which they have become aware as a result of such participation or access.
Amendment 210 #
2013/0402(COD)
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 2 – point a
Article 8 – paragraph 2 – subparagraph 2 – point a
(a) to restrict access to any document containing trade secrets submitted by the parties or third parties, in whole or in part, provided that each of the parties, their lawyers or representatives in the proceedings, their experts, and court officials have been given full access to that document;
Amendment 212 #
2013/0402(COD)
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 2 – point b
Article 8 – paragraph 2 – subparagraph 2 – point b
(b) to restrict access to hearings, when trade secrets may be disclosed, and their corresponding records or transcript. In exceptional circumstances, and subject to appropriate justification, the competent judicial authorities may restrict the parties’ access to those hearings and order them to be carried out only in the presence of the legal, provided that each of the parties, their lawyers or representatives ofin the parties and authorised experts subject to the confidentiality obligation referred to in paragraph 1roceedings, their experts, and court officials have been given full access to those hearings, records, or transcripts;
Amendment 232 #
2013/0402(COD)
Proposal for a directive
Article 10 – paragraph 3 – point a
Article 10 – paragraph 3 – point a
(a) the applicant does not institute proceedings leading to a decision on the merits of the case before the competent judicial authority, within a reasonable period determined by the judicial authority ordering the measures where the law of a Member State so permits or, in the absence of such determination, within a period not exceeding 20 working days or 31 calendar days, whichever is the longer, commencing on the date of the ruling by the judicial authority;
Amendment 238 #
2013/0402(COD)
Proposal for a directive
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
1. Member States shall ensure that, where a judicial decision is taken finding an unlawful acquisition, use or disclosure of a trade secret has become final, the competent judicial authorities may, at the request of the applicant order against the infringer:
Amendment 241 #
2013/0402(COD)
Proposal for a directive
Article 11 – paragraph 1 – point b a (new)
Article 11 – paragraph 1 – point b a (new)
(ba) the destruction of all or some of the physical or electronic media in which the trade secret is stored or, where appropriate, the delivery up to the trade secret holder of those media;
Amendment 246 #
2013/0402(COD)
Proposal for a directive
Article 11 – paragraph 2 – point d
Article 11 – paragraph 2 – point d
(d) destructionwithdrawal of the infringing goods or, where appropriate, their withdrawal fromfrom the market and their distribution to charitable organisations under conditions to be laid down by the judicial authorities in order to ensure that the goods in question do not re-enter the market, provide and that such action does not undermine the protection of the trade secret in question;
Amendment 247 #
2013/0402(COD)
Proposal for a directive
Article 11 – paragraph 2 – point d a (new)
Article 11 – paragraph 2 – point d a (new)
(da) as a last resort, destruction of the goods;
Amendment 250 #
2013/0402(COD)
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1
Article 11 – paragraph 3 – subparagraph 1
Amendment 251 #
2013/0402(COD)
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 a (new)
Article 11 – paragraph 3 – subparagraph 1 a (new)
When considering a request for corrective measures, the seriousness of the infringement, the remedies to be imposed, and the interests of third parties shall be brought into an appropriate relationship as determined by the principle of proportionality.
Amendment 34 #
2010/0208(COD)
Council position
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(1) and Article 114 thereof,
Amendment 88 #
2010/0208(COD)
Council position
Recital 8
Recital 8
(8) During the authorisation procedure of a given GMO, the possibility should be provided for a Member State to request the Commission to present to the notifier/applicant its demanda Member State may notify the Commission of its intention not to allow the cultivation of the given GMO in all or part of its territory. In this case the notifier/applicant has the possibility to request the Commission or the authorizing body to adjust the geographical scope of its notification/application submitted in accordance with Part C of Directive 2001/18/EC or in accordance with Articles 5 and 17 of Regulation (EC) No 1829/2003 to the effect that all or part of the territory of that Member State be excluded from cultivation. The Commission should facilitate the procedure by presenting the request of accordingly. The Commission should inform the concerned Member State and the other Member State to the notifier/applicant without delay and the notifier/applicant should respond to that request within an established time-limits about the request of the notifier/applicant without delay.
Amendment 90 #
2010/0208(COD)
Council position
Recital 8
Recital 8
(8) During the authorisation procedure of a given GMO, the possibility should be provided for a Member State to request the Commission to present to the notifier/applicant its demand to adjust the geographical scope of its notification/application submitted in accordance with Part C of Directive 2001/18/EC or in accordance with Articles 5 and 17 of Regulation (EC) No 1829/2003 to the effect that all or part of the territory of that Member State be excluded from cultivation. The Commission should facilitate the procedure by presenting the request of the Member State to the notifier/applicant without delaya Member State may notify the Commission its intention not to allow the cultivation of the given GMO in all or part of its territory. In this case the notifier/applicant has the possibility to request the Commission or the authorizing body to adjust accordingly the geographical scope of its notification/application submitted in accordance with Part C of Directive 2001/18/EC or in accordance with Articles 5 and 17 of Regulation (EC) No 1829/2003. The Commission should inform about the request of the notifier/applicant the concerned Member State and to the notifier/applicant should respond to that requher Member Statest within an established time-limitout delay.
Amendment 95 #
2010/0208(COD)
Council position
Recital 9
Recital 9
(9) The geographical scope of the notification/application should be adjusted accordingly if the notifier/applicant explicitly or tacitly agrees with the Member StateCommission or the authorizing body does not reject the notifier/applicant's request within an established time-limit from theits communication by. If the Commission ofr that request. If the notifier/applicant opposes the request, the notifier/applicane authorizing body rejects the request, it should notify the Commits decission and the Member States. However, a refusal by the notifier/applicant to adjust the geographical scope of the notification/application is without prejudice to tto the notifier/applicant, the concerned Member State as well as the others Member States. The Commission' retains its powers in accordance with Article 19 of Directive 2001/18/EC or Articles 7 and 19 of Regulation (EC) No 1829/2003, as the case may be, to make such an adjustment, where appropriate, in the light of the environmental risk assessment carried out by the European Food Safety Authority ('the Authority').
Amendment 103 #
2010/0208(COD)
Council position
Recital 10
Recital 10
(10) In addition, and only wWhere the notifier/applicant has refused to adjust the geographical scope of the notifchooses not to exploit the possibility to request the restrication/application of a GMO as requested by a of the geographical scope of a given GMO, the concerned Member State, there should be the possibility for that Member State to adoptsend to the Commission the reasoned measures restricting or prohibiting the cultivation of that GMO once authorised in all or part of its territory, on the basis of grounds dlistinct from those assessed according to the harmonized set of Union rules, that is Directive 2001/18/EC and Regulation (EC) No 1829/2003,ed in Article 26b paragraph 3 of this Directive which are in conformity with Union law. Those grounds may be related to environmental or agricultural policy objectives, or other compelling grounds such as town and country planning, land use, socio-economic impacts, co-existence and public policy. Those grounds may be invoked individually or in combination, depending on the particular circumstances of the Member State, region or area in which those measures will apply.
Amendment 122 #
2010/0208(COD)
Council position
Recital 12
Recital 12
(12) Member States should also be able to base the decisions which they adopt pursuant to Directive 2001/18/EC on grounds concerning socio-economic impacts which might arise from the cultivation of a GMO on the territory of the Member State concerned. While co- existence measures have been addressed by the Commission Recommendation of 13 July 20101 , there should also be the possibility for Member States to adopt measures restricting or prohibiting cultivation of authorised GMOs in all or part of their territory under this Directive. Those grounds may be related to the impracticability or the impossibility of implementing co-existence measures due to specific geographical conditions, the needThose grounds may be related to the need or willingness to avoid GMO presence in other products such as specific or particular products, the need to protect the diversity of agricultural production, or the need to ensure seed and plant propagating material purity. Furthermore, the Commission has, as requested in the Council Conclusions of 5 December 2008 on Genetically Modified Organisms, reported to the European Parliament and the Council on socio- economic implications of GMO cultivation. The outcome of that report may provide valuable information for Member States considering taking decisions on the basis of this Directive. __________________ 1 Commission 2010 on guidelines for the development of national co-existence measures to avoid the unintended presence of GMOs in conventional and organic crop (OJ C 200, 22.7.2010, p. 1).Recommendation of 13 July
Amendment 134 #
2010/0208(COD)
Council position
Recital 15
Recital 15
(15) Decisions to restrict or prohibit the cultivation of GMOs by Member States in all or part of their territory should not prevent biotechnology research from being carried out provided that, in carrying out such research, all necessary safety measures are observed and that the activity does not undermine the respect of the grounds upon which the ban has been introduced.
Amendment 140 #
2010/0208(COD)
Council position
Recital 16
Recital 16
(16) When new and objective circumstances justify an adjustment of the geographical scope of the consent/authodeemed approprisation of a GMOe, and in any case not earlier than two years, after the date when the consent/authorisation is granted, a Member State should be able to request, via the Commission, the consent/authorisation holder to adjust its geographical scope. If the consent/authorisation holder does not explicitly or tacitly agree, the Member State should be given the possibility to adopt reasoned measures restricting or prohibiting the cultivation of that GMO. The Member State concerned should communicate a draft of those measures to a GMO, a Member State should be able to adopt measures restricting or prohibiting the cultivation of that GMO on all or part of its territory. Such measures should be notified to the Commission at least 75 days prior to their adoption, in order to give the opportunity to the Commission to comment, ansend a non-binding comment. The Member State concerned should refrain from adopting and implementing those measures during that period. On the expiry of the established standstill period, the Member State should be able to adopt the measures as originally proposed or amended to take into account the Commission's commentsin the event it would be deemed appropriate by the Member State concerned to take into account the Commission's comments. In the event that the 75 days overlap in full or in part with the sowing season of the species to which the approved GMO belongs, the Member State should be authorized to implement the ban.
Amendment 149 #
2010/0208(COD)
Council position
Recital 21 a (new)
Recital 21 a (new)
(21a) The Commission, in accordance with Article 207 TFEU, will continue to ensure the defence of any complaint against measures adopted by a Member State in this area before WTO dispute settlement bodies.
Amendment 151 #
2010/0208(COD)
Council position
Recital 21 b (new)
Recital 21 b (new)
(21b) The provisions laid down in Articles 26b and 26c of Directive 2001/18/EC apply without prejudice to Article 23 of that Directive as well as Article 34 of Regulation (EC) No 1829/20031a. __________________ 1aRegulation (EC) No 1829/2003 of the European Parliament and of the European Council of 22 September 2003 on genetically modified food and feed (OJ L 268, 18.10.2003 p. 1.).
Amendment 152 #
2010/0208(COD)
Council position
Recital 21 b (new)
Recital 21 b (new)
The Commission, in accordance with Article 207 TFEU, will continue to ensure the defence of any complaint against measures adopted by a Member State in this area before WTO dispute settlement bodies.
Amendment 176 #
2010/0208(COD)
Council position
Article 1 – paragraph 1
Article 1 – paragraph 1
Directive 2001/18/EC
Article 26 b – paragraph 1
Article 26 b – paragraph 1
1. During the authorisation procedure of a given GMO or during the renewal of consent/authorisation, a Member State may, a Member State may notify to the Commission its intention not to allow the cultivation of the given GMO in all or part of its territory. In this case the notifier/applicant has the possibility to request, via the Commission, or the notifier/applicant to adjustauthorizing body to adjust accordingly the geographical scope of its notification/application submitted in accordance with Part C of this Directive or Regulation (EC) No 1829/2003, to the effect that all or part of the territory of that Member State is to be excluded from cultivation. This request shall be communicatedsent to the Commission or the authorizing body at the latest 30 days from the date of the circulation of the assessment report under Article 14(2) of this Directive, or from receiving the opinion of the Authority under Article 6(6) and Article 18(6) of Regulation (EC) No 1829/2003notifier/applicant receives the notification from the Commission about the decision of the Member State to restrict or ban the cultivation of that GMO. The Commission shall communicate the request of the Member State to the notifier/applicantnotifier/applicant to the interested Member State and to the other Member States without delay.
Amendment 188 #
2010/0208(COD)
Council position
Article 1 – paragraph 1
Article 1 – paragraph 1
Directive 2001/18/EC
Article 26 b – paragraph 2 – subparagraph 2
Article 26 b – paragraph 2 – subparagraph 2
The written consent issued under this Directive and, where applicable, the decision issued in accordance with Article 19 as well as the decision of authorisation adopted under Articles 7 and 19 of Regulation (EC) No 1829/2003, shall be issued on the basis of the adjusted geographical scope of the notification/application as explicitly or tacitly agreed by the notifier/applicantCommission or authorizing body.
Amendment 190 #
2010/0208(COD)
Council position
Article 1 – paragraph 1
Article 1 – paragraph 1
Directive 2001/18
Article 26b – paragraph 2
Article 26b – paragraph 2
Amendment 198 #
2010/0208(COD)
Council position
Article 1 – paragraph 1
Article 1 – paragraph 1
Directive 2001/18/EC
Article 26 b – paragraph 3 – subparagraph 1 – introductory part
Article 26 b – paragraph 3 – subparagraph 1 – introductory part
3. Where the notifier/applicant opposes the adjustment of the geographical scope of its notification/application corresponding to a request made by a Member State in accordance with paragraph 1 of this Article, thatA Member State may adopt measures restricting or prohibiting the cultivation of that GMO in all or part of its territory once authorised in accordance with Part C of this Directive or with Regulation (EC) No 1829/2003, provided that such measures are in conformity with Union law, reasoned, proportional and non- discriminatory and, in addition, are based on compelling grounds such as. National, regional or local bans for the cultivation of a given GMO can be adopted based on grounds such as, among others, those related to:
Amendment 254 #
2010/0208(COD)
Council position
Article 1 – paragraph 1
Article 1 – paragraph 1
Directive 2001/18/EC
Article 26 b – paragraph 4 – subparagraph 1 – point c
Article 26 b – paragraph 4 – subparagraph 1 – point c
(c) the Commission may make any non- binding comments it considers appropriate.
Amendment 255 #
2010/0208(COD)
Council position
Article 1 – paragraph 1
Article 1 – paragraph 1
Directive 2001/18/EC
Article 26 b – paragraph 4 – subparagraph 1 a (new)
Article 26 b – paragraph 4 – subparagraph 1 a (new)
If during this timeframe the authorization is being granted it has to be considered as temporarily suspended until the end of the 75-day period.
Amendment 257 #
2010/0208(COD)
Council position
Article 1 – paragraph 1
Article 1 – paragraph 1
Directive 2001/18/EC
Article 26 b – paragraph 4 – subparagraph 2
Article 26 b – paragraph 4 – subparagraph 2
On expiry of the 75-day period referred to in the first subparagraph, and no later than two years after the date that the consent/authorisation is granted, the Member State concerned may adopt the measures either in the form originally proposed, or as amended to take account of any not binding comments received from the Commission. Those measures shall be communicated to the Commission, the other Member States and the notifier/applicant without delay.
Amendment 268 #
2010/0208(COD)
Council position
Article 1 – paragraph 1
Article 1 – paragraph 1
Directive 2001/18/EC
Article 26 b – paragraph 5
Article 26 b – paragraph 5
5. Where, after the authorisation of a GMO under this Directive or Regulation (EC) No 1829/2003 and no earlier than two years after the date that the consent/authorisation is granted, a Member State considers thappropriate new objective circumstances justify an adjustment of the geographical scope of the consent/authorisation, it may applyot to allow the cultivation of the given GMO in all or part of its territory, the procedure under paragraphs 1 to 4, shall apply mutatis mutandis, provided that such measures do not. When the restrictive measures are adopted by a Member State within two years of the date of the consent/authorisation or should they affect the cultivation of any authorised GMO seeds and plant propagating materials which were planted lawfully before those measures were adopted, the concerned Member State shall provide to affected farmers a compensation consistent with the real economic damage they have suffered .
Amendment 278 #
2010/0208(COD)
Council position
Article 1 – paragraph 1
Article 1 – paragraph 1
Directive 2001/18/EC
Article 26 b – paragraph 7 – subparagraph 1 – introductory part
Article 26 b – paragraph 7 – subparagraph 1 – introductory part
7. For the purposes of an adjustment of the geographical scope of the consent/authorisation of a GMO under paragraphs 5 and 6, and on condition that under paragraph 5 the consent/authorisation-holderCommission or the authorizing body explicitly or tacitly agrees to the request of the Member Statenotifier/applicant:
Amendment 292 #
2010/0208(COD)
Council position
Article 1 – paragraph 1
Article 1 – paragraph 1
Directive 2001/18/EC
Article 26 c – paragraph 1
Article 26 c – paragraph 1
1. As from…...* until ...** a Member Statenotifier/applicant may request, via the Commission, a notifier/applicant or the authorizing body to adjust the geographical scope of a notification/application submitted, or of an authorisation granted, under this Directive or Regulation (EC) No 1829/2003 before…...*. The Commission shall communicate the request of the Member State to the notifier/applicantnotifier/applicant to the concerned Member State and to the other Member States without delay. __________________ *OJ: please insert the date of entry into force of the Directive in document st 10972/14. **OJ: please insert the date of entry into force of the Directive in document st 10972/14+ 6 months.".
Amendment 296 #
2010/0208(COD)
Council position
Article 1 – paragraph 1
Article 1 – paragraph 1
Directive 2001/18/EC
Article 26 c – paragraph 2
Article 26 c – paragraph 2
2. Where the application is pending and the notifier/applicant has explicitly or tacitly agreed toCommission or the authorizing body has not opposed such a request within 30 days from the communication of that request, the geographical scope of the notification/application shall be adjusted accordingly. The written consent issued under this Directive and, where applicable, the decision issued in accordance with Article 19 as well as the decision of authorisation adopted under Articles 7 and 19 of Regulation (EC) No 1829/2003 shall be issued on the basis of the adjusted geographical scope of the notification/application as explicitly or tacitly agreed by the notifier/applicantCommission or the authorizing body.
Amendment 298 #
2010/0208(COD)
Council position
Article 1 – paragraph 1
Article 1 – paragraph 1
Directive 2001/18/EC
Article 26 c – paragraph 3
Article 26 c – paragraph 3
3. Where the authorisation has already been granted and the authorisation holder hasCommission or the authorizing body explicitly or tacitly agreed to a request within 30 days from the communication of the request referred to in paragraph (1) of this Article, the authorisation shall be as agreed by the authorisation holderCommission or the granting authority. For a written consent under this Directive, the competent authority shall amend the geographical scope of the consent accordingly as explicitly or tacitly agreed by the authorisation holderCommission or the granting authority and shall inform the Commission, the Member States, and the authorisation holder once this is complete. For an authorisation under Regulation (EC) No 1829/2003, the Commission shall amend the decision of authorisation accordingly, without applying the procedure set out in Article 35(2) of that Regulation. The Commission shall inform the Member States and the authorisation holder accordingly.
Amendment 299 #
2010/0208(COD)
Council position
Article 1 – paragraph 1
Article 1 – paragraph 1
Directive 2001/18/EC
Article 26 c – paragraph 4
Article 26 c – paragraph 4
Amendment 313 #
2010/0208(COD)
Council position
Article 3
Article 3
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. Within 6 months of its date of entry into force, Members States shall transpose the content of this Directive by amending their national legislation implementing Directive 2001/18/EC.