BETA

2109 Amendments of Markus BUCHHEIT

Amendment 3 #

2023/2107(INI)

Draft opinion
Recital A a (new)
Aa. whereas Japan is crucial partner located in the Indo-Pacific region and it is a member of the Comprehensive and Progressive Trans-Pacific Partnership (CPTPP) and the Regional Comprehensive Economic Partnership (RCEP);
2023/09/22
Committee: INTA
Amendment 15 #

2023/2107(INI)

Draft opinion
Paragraph 5
5. Recalls the importance of implementing the EPA fully and effectively, including in the areas of government procurement to ensure transparency, and sanitary and phytosanitary commitments to speed up and simplify import procedures; takes note of the commitments taken by the parties on SPS in the framework of the EU- Japan Summit; recalls the importance of promptly finding a solution on the restrictions imposed by Japan on EU products due to African Swine Fever;
2023/09/22
Committee: INTA
Amendment 20 #

2023/2107(INI)

Draft opinion
Paragraph 5 a (new)
5a. Takes note of the EU decision to lift the import restrictions on food following the 2011 Fukushima nuclear accident ; takes note of the Japanese government’s decision to release the treated radioactive water from Fukushima nuclear power plants into the sea; calls on the Commission to continue monitoring the situation in order to avoid that EU consumers’ health is put at risk;
2023/09/22
Committee: INTA
Amendment 29 #

2023/2107(INI)

Draft opinion
Paragraph 7
7. Welcomes the launch of the EU- Japan digital partnership to advance cooperation on digital issues; welcomes, in this regard, the conclusion of the digital trade principles and the signature of the memorandum of cooperation on semiconductors, to enhance bilateral cooperation on research and development for semiconductors, transparency of subsidies to the semiconductor sector, an early warning mechanism for the semiconductor supply chain, advanced skills for the semiconductor industry, and uses cases of semiconductors applications;
2023/09/22
Committee: INTA
Amendment 42 #

2023/2107(INI)

Draft opinion
Paragraph 8
8. Highlights that Japan is the EU’s closest partner in the Indo-Pacific region with whom the EU should enhance cooperation on economic resilience and security, including by jointly addressing non- market practices. market practices and policies, economic coercion and other harmful practices; welcomes the Administrative Arrangement on Cooperation in Critical Raw Materials Supply Chains to increase cooperation between the EU and Japan on diversifying supply chains for critical raw materials in order to minimize the risks from increased geopolitical tensions and accelerated technological shifts.
2023/09/22
Committee: INTA
Amendment 3 #

2023/2059(INI)

Aa. whereas current economic developments suggest an ongoing worldwide trade regionalisation which might become structural in the upcoming future, challenging European ports into new competitive tasks where they should tighten intra-regional links and shorten connections to grant supplies and make import/export’s routes more resilient;
2023/09/28
Committee: INTA
Amendment 8 #

2023/2059(INI)

Draft opinion
Recital A b (new)
Ab. whereas European ports are strategic infrastructures and play an overarching role in the European trade and industrial policies, building up on their vocation as gateways for goods and services and providing a wider range of industrial, manufacturing, and transformative activities, such as shipbuilding, steelmaking, energy production and data exchanging;
2023/09/28
Committee: INTA
Amendment 23 #

2023/2059(INI)

Draft opinion
Paragraph 2
2. Highlights that an open, sustainable and assertive EU trade policy, coupled with ambitious trade agreements, wcould contribute to strengthening the competitiveness and resilience of European ports;
2023/09/28
Committee: INTA
Amendment 75 #

2023/2059(INI)

Draft opinion
Paragraph 8 a (new)
8a. Underlines the importance of providing European ports with a more rationalized and efficient access to public and private funding coming from the EU, from its Member States, and from those third-countries that are most reliable.
2023/09/28
Committee: INTA
Amendment 135 #

2023/0156(COD)

Proposal for a regulation
Recital 4
(4) In order to provide for effective means of achieving the objectives of the customs union, a number of rules and procedures regulating how goods are brought into or taken out of the customs territory of the Union should be revised and, simplified and harmonized. A modern, integrated set of interoperable electronic services should be provided for collecting, processing and exchanging information relevant for implementing customs legislation (European Union Customs Data Hub, ‘EU Customs Data Hub’). A European Union Customs Authority (‘EU Customs Authority’) should be established as a central, operational capacity for the coordinated governance of the customs union in specific areas.
2023/11/17
Committee: IMCO
Amendment 166 #

2023/0156(COD)

Proposal for a regulation
Recital 36
(36) The non-Union goods that are brought to the customs territory of the Union should be considered to be in temporary storage from the moment the carrier notifies their arrival until their placement under a customs procedure unless they are already placed in transit. To ensure appropriate customs supervision, this situation should be limited in time. It should not last more than 10 days, except in exceptional cases. If the importer needs to store the goods for a longer period, the goods should be in a customs warehouse, where the goods can be stored without time limit. The existing authorisations for temporary storage locations should therefore be converted into customs warehouse authorisations if the relevant requirements are met.
2023/11/17
Committee: IMCO
Amendment 198 #

2023/0156(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point 18 –point b
(b) pose a threat to the security and safety of theUnion and itspublic health ofUnion citizens and residents; or
2023/11/17
Committee: IMCO
Amendment 229 #

2023/0156(COD)

Proposal for a regulation
Article 25 – paragraph 1
1. An importer or exporter,, exporter or customs representative who is resident or registered in the customs territory of the Union, meets the criteria set out in paragraph 3 and has conducted regular customs operations in the course of that person’s business for at least 3 years, may apply for the status of Trust and Check trader to the customs authority of the Member State where that person is established.
2023/11/17
Committee: IMCO
Amendment 255 #

2023/0156(COD)

Proposal for a regulation
Article 25 – paragraph 7 – introductory part
7. Customs authorities mayshall authorise Trust and Check traders:
2023/11/17
Committee: IMCO
Amendment 269 #

2023/0156(COD)

Proposal for a regulation
Article 27 – paragraph 3
3. A customs representative having the status of Trust and Check trader shall only be recognised as such when acting as indirect representative. When acting as a direct representative, the customs representative may be recognised as Trust and Check trader if the person in whose name and on whose behalf that representative is acting has been granted such status or is a small and micro enterprise pursuant to Reccomendation 2003/361/EC or is an authorised economic operator pursuant to the present Regulation.
2023/11/17
Committee: IMCO
Amendment 275 #

2023/0156(COD)

Proposal for a regulation
Article 27 – paragraph 6 a (new)
6 a. For the purposes of paragraph 3 of this Article, the Commission shall adopt and publish guidelines setting out common principles and practices for the implementation of obligations pursuant to Articles 20 and 22 respectively.
2023/11/17
Committee: IMCO
Amendment 281 #

2023/0156(COD)

Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1 (new)
Enable interoperability with the EU Maritime Single Window Environment for the provision and fulfilment of the customs formalities indicated in the Reporting Obligations Annex of Regulation 2019/1239.
2023/11/17
Committee: IMCO
Amendment 337 #

2023/0156(COD)

Proposal for a regulation
Article 80 – paragraph 9
9. Until the date in Article 265(3), the entry summary declaration submitted in accordance with the rules and data rrquirements set down in Regulation 952/2013, its Implementing and Delegated Acts shall be considered the advance cargo information.
2023/11/17
Committee: IMCO
Amendment 338 #

2023/0156(COD)

Proposal for a regulation
Article 83 – paragraph 1 – subparagraph 1 (new)
Until the date in Article 265(3), the Arrival Notification shall be submitted in accordance with the rules and data requirements set down in Regulation 952/2013, its Implementing and Delegated acts.
2023/11/17
Committee: IMCO
Amendment 339 #

2023/0156(COD)

Proposal for a regulation
Article 83 – paragraph 4
4. Where the arrival of the means of transport and of the consignments therein is not covered by the notification referred to in paragraph 1, theGoods which are brought into the customs territory of the Union by sea or air and which remain on board the same means of transport for carrierage, shall notify the arrival of thegoods broughtonly be notified as ‘arrived’ into the customs territory of the Union by sea or air at the port or airport where they are unloaded or transhipped.
2023/11/17
Committee: IMCO
Amendment 341 #

2023/0156(COD)

Proposal for a regulation
Article 85 – paragraph 2
2. The customs authorities shall require the carrier , without prejudice to article 80(5),to present the goods and provide the advance cargo information referred to in Article 80, where this information has not been provided at an earlier stage.
2023/11/17
Committee: IMCO
Amendment 342 #

2023/0156(COD)

Proposal for a regulation
Article 85 – paragraph 5 – subparagraph 1 (new)
Until the date in Article 265(3), the Presentation Notification shall be submitted in accordance with the rules and data requirements set down in Regulation 952/2013, its Implementing and Delegated acts.
2023/11/17
Committee: IMCO
Amendment 343 #

2023/0156(COD)

Proposal for a regulation
Article 86 – paragraph 1 – subparagraph 1 (new)
Until the date in Article 265(3), the Temporary Storage Declaration shall be submitted in accordance with the rules and data requirements set down in Regulation 952/2013, its Implementing and Delegated acts.
2023/11/17
Committee: IMCO
Amendment 344 #

2023/0156(COD)

Proposal for a regulation
Article 86 – paragraph 5
5. Non-Union goods in temporary storage shall be placed under a customs procedure no later than 30 days after the notification of their arrival or no later than 6 days after the notification of their arrival in the case of an authorised consignee as referred to in Article 116(4), point (b),unless the customs authorities require the goods to be presented. In exceptional cases, that time limit may be extendunless the customs authorities do not require the goods to be presented.
2023/11/17
Committee: IMCO
Amendment 80 #

2023/0085(COD)

Proposal for a directive
Recital 16
(16) The assessment made to substantiate explicit environmental claims needs to consider the life-cycle of the product or of the overall activities of the trader and should not omit any relevant environmental aspects or environmental impacts, such as the environmental impact of a product imported from a third country. The benefits claimed should not result in an unjustified transfer of negative impacts to other stages of the life cycle of a product or trader, or to the creation or increase of other negative environmental impacts.
2023/11/14
Committee: ENVIIMCO
Amendment 113 #

2023/0085(COD)

Proposal for a directive
Recital 30
(30) While unfair commercial practices, including misleading environmental claims, are prohibited for all traders pursuant to Directive 2005/29/EC84, an administrative burden linked to substantiation and verification of environmental claims on the smallest companies could be disproportionate and should be avoided. To this end, microenterprises should be exempted from the requirements on substantiation of Article 3 and 4 unless these enterprises wish to obtain a certificatean alternative to third-party certification should be provided for micro, small and medium-sized enterprises on the basis of a declaration of conformity of explicit environmental claims that will be recognised by the competent authorities across the Union. _________________ 84 Directive 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) (OJ L 149, 11.6.2005, p. 22) as amended.
2023/11/14
Committee: ENVIIMCO
Amendment 138 #

2023/0085(COD)

Proposal for a directive
Recital 37
(37) In order to avoid potential disproportionate impacts on the micro, small and medium-sized enterprises, the smallest companies should be exempted from the requirements of Article 5 linked to information on the substantiation of explicit environmental claims unless these enterprises wish to obtain a certificate of conformity of explicit environmental claim that will be recognised by the competent authorities across the Union.
2023/11/14
Committee: ENVIIMCO
Amendment 166 #

2023/0085(COD)

Proposal for a directive
Recital 54
(54) Small and medium-sized enterprises (SMEs) should be ablegiven sufficient support to benefit from the opportunities provided by the market for more sustainable products but, as they couldgenerally face proportionately higher costs and difficulties with some of the requirements on substantiation and verification of explicit environmental claims. The Member States should provide adequate information by means of easily accessible information portals or similar means and raise awareness of the ways to comply with the requirements of this Directive, ensure targeted and specialised training free of charge, and provide specific and sufficient assistance and support, including financial, so thato SMEs wishing to make explicit environmental claims on their products or as regards their activities are able to do so. Member States actions should be taken in respect of applicable State aid rules.
2023/11/14
Committee: ENVIIMCO
Amendment 332 #

2023/0085(COD)

Proposal for a directive
Article 3 – paragraph 1 – point g
(g) identify whether improving environmental impacts, environmental aspects or environmental performance subject to the claim leads to significant harm in relation to environmental impacts on climate change, resource consumption and circularity, sustainable use and protection of water and marine resources, pollution, biodiversity, public well-being and health, animal welfare and ecosystems;
2023/11/14
Committee: ENVIIMCO
Amendment 370 #

2023/0085(COD)

Proposal for a directive
Article 3 – paragraph 1 – point j a (new)
(ja) provide relevant information on the environmental impact of the transport of products, in particular in the context of imports.
2023/11/14
Committee: ENVIIMCO
Amendment 381 #

2023/0085(COD)

Proposal for a directive
Article 3 – paragraph 3
3. The requirements set out in paragraphs 1 and 2 shall not apply to traders that are micro, small or medium- sized enterprises within the meaning of Commission Recommendation 2003/361/EC110 unless they request the verification with the aim of receiving the certificate of conformity in accordance with Article 10. _________________ 110 Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium- sized enterprises (OJ L 124, 20.5.2003, p. 36).
2023/11/14
Committee: ENVIIMCO
Amendment 431 #

2023/0085(COD)

Proposal for a directive
Article 4 – paragraph 3
3. The requirements laid down in this Article shall not apply to traders that are micro, small or medium-sized enterprises within the meaning of Commission Recommendation 2003/361/EC111 unless they request the verification with the aim of receiving the certificate of conformity in accordance with Article 10. _________________ 111 Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium- sized enterprises (OJ L 124, 20.5.2003, p. 36).
2023/11/14
Committee: ENVIIMCO
Amendment 503 #

2023/0085(COD)

Proposal for a directive
Article 5 – paragraph 7
7. The requirements set out in paragraphs 2, 3 and 6 shall not apply to traders that are micro, small or medium- sized enterprises within the meaning of Commission Recommendation 2003/361/EC unless they request the verification with the aim of receiving the certificate of conformity in accordance with Article 10.
2023/11/14
Committee: ENVIIMCO
Amendment 550 #

2023/0085(COD)

Proposal for a directive
Article 8 – paragraph 3 – subparagraph 1
From [OP: Please insert the date = the date of transposition of this Directive] no new national or regional environmental labelling schemes shall be established by public authorities of the Member States. However, national or regional environmental labelling schemes established prior to that date may continue to award the environmental labels on the Union market, provided they meet the requirements of this Directive.deleted
2023/11/14
Committee: ENVIIMCO
Amendment 555 #

2023/0085(COD)

Proposal for a directive
Article 8 – paragraph 3 – subparagraph 2
From the date referred to in the first subparagraph, environmental labelling schemes may only be established under Union law.deleted
2023/11/14
Committee: ENVIIMCO
Amendment 621 #

2023/0085(COD)

Proposal for a directive
Article 10 – paragraph 3
3. The verification and certification requirements shall apply to traders that are micro, small or medium-sized enterprises within the meaning of Commission Recommendation 2003/361/EC only if they so request.
2023/11/14
Committee: ENVIIMCO
Amendment 624 #

2023/0085(COD)

Proposal for a directive
Article 10 – paragraph 3 a (new)
3a. When they set up the procedures referred to in paragraphs 1 and 2, Member States shall encourage verifiers to take into account the complexity of the substantiation of the claim and the size and turnover of traders requesting verification and certification when calculating their pricing for the cost of verification and certification, paying particular attention to micro, small and medium-sized enterprises.
2023/11/14
Committee: ENVIIMCO
Amendment 700 #

2023/0085(COD)

Proposal for a directive
Article 12 – paragraph 1 – introductory part
Member States shall take appropriate measures to help micro, small and medium sized enterprises apply the requirements set out in this Directive. Those measures shall at least include guidelinaccessible guidelines containing clear examples or similar mechanisms to raise awareness of ways to comply with the requirements on explicit environmental claims. In addition, wWithout prejudice to applicable state aid rules, such measures may include one or more of the following elements:
2023/11/14
Committee: ENVIIMCO
Amendment 706 #

2023/0085(COD)

Proposal for a directive
Article 12 – paragraph 1 – point d a (new)
(da) access to specialised information portals.
2023/11/14
Committee: ENVIIMCO
Amendment 732 #

2023/0085(COD)

Proposal for a directive
Article 16
Complaint-handling and access to justice 1. Natural or legal persons or organisations regarded under Union or national law as having a legitimate interest shall be entitled to submit substantiated complaints to competent authorities when they deem, on the basis of objective circumstances, that a trader is failing to comply with the provisions of this Directive. 2. For the purposes of the first subparagraph, non-governmental entities or organisations promoting human health, environmental or consumer protection and meeting any requirements under national law shall be deemed to have sufficient interest. 3. Competent authorities shall assess the substantiated complaint referred to in paragraph 1 and, where necessary, take the necessary steps, including inspections and hearings of the person or organisation, with a view to verify those complaints. If confirmed, the competent authorities shall take the necessary actions in accordance with Article 15. 4. Competent authorities shall, as soon as possible and in any case in accordance with the relevant provisions of national law, inform the person or organisation referred to in paragraph 1 that submitted the complaint of its decision to accede to or refuse the request for action put forward in the complaint and shall provide the reasons for it. 5. Member States shall ensure that a person or organisation referred to in paragraph 1 submitting a substantiated complaint shall have access to a court or other independent and impartial public body competent to review the procedural and substantive legality of the decisions, acts or failure to act of the competent authority under this Directive, without prejudice to any provisions of national law which require that administrative review procedures be exhausted prior to recourse to judicial proceedings. Those judicial review procedures shall be fair, equitable, timely and free of charge or not prohibitively expensive, and shall provide adequate and effective remedies, including injunctive relief where necessary. 6. Member States shall ensure that practical information is made available to the public on access to the administrative and judicial review procedures referred to in this Article.Article 16 deleted
2023/11/14
Committee: ENVIIMCO
Amendment 760 #

2023/0085(COD)

Proposal for a directive
Article 17 – paragraph 2 – point g a (new)
(ga) the size of the company;
2023/11/14
Committee: ENVIIMCO
Amendment 761 #

2023/0085(COD)

Proposal for a directive
Article 17 – paragraph 3
3. Member States shall provide that penalties and measures for infringements of this Directive shall include: (a) fines which effectively deprive those responsible of the economic benefits derived from their infringements, and increasing the level of such fines for repeated infringements; (b) confiscation of revenues gained by the trader from a transaction with the relevant products concerned; (c) temporary exclusion for a maximum period of 12 months from public procurement processes and from access to public funding, including tendering procedures, grants and concessions. For the purposes of point (a), Member States shall ensure that when penalties are to be imposed in accordance with Article 21 of Regulation (EU) 2017/2394115, the maximum amount of such fines being at least at 4 % of the trader’s annual turnover in the Member State or Member States concerned. _________________ 115 OJ L 345, 27.12.2017, p. 1.deleted
2023/11/14
Committee: ENVIIMCO
Amendment 812 #

2023/0085(COD)

Proposal for a directive
Article 25 – paragraph 1 – subparagraph 2
They shall apply those measures from [OP please insert the date = 2436 months after the date of entry into force of this Directive].
2023/11/14
Committee: ENVIIMCO
Amendment 72 #

2023/0083(COD)

Proposal for a directive
Recital 3
(3) In order to reduce premature (3) disposal of viable goods purchased by consumers and to encourage consumers to use their goods longer, it is necessary to set out rules on repair of such goods. Repair should not only result in more sustainable consumption, since it is likely to generate less waste caused by discarded goods, less demand for resources, including energy, caused by the process of manufacturing and sale of new goods replacing defective goods, as well as less greenhouse gas emissions, but should also promote the creation of non-relocatable jobs. This Directive promotes sustainable consumption in view of achieving benefits for the environment while also producing benefits for consumers by avoiding costs associated with new purchases in the short term. To help consumers make sustainable choices, the cost of repairing a product should remain competitive and encourage consumers to repair rather than discard.
2023/09/08
Committee: IMCO
Amendment 84 #

2023/0083(COD)

Proposal for a directive
Recital 8
(8) The consumer’s free choice to decide by whom to have its goods repaired should be facilitated by requesting the European Repair Information Form not only from the producer, but also from the seller of the goods concerned or from independent repairers, where applicable. Repairers should provide the European Repair Information FormAlthough consumers must be informed that a European Repair Information Form exists, repairers should provide it only where the consumer requests that form and the repairer intends to provide the repair service or it is obliged to repair. A consumer may also choose not to request the European Repair Information Form and to conclude a contract for the provision of repair services with a repairer pursuant to pre-contractual information provided by other means in accordance with Directive 2011/83/EU of the European Parliament and the Council.15 __________________ 15 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 (Text with EEA relevance) (OJ L 304, 22.11.2011, p. 64–88).
2023/09/08
Committee: IMCO
Amendment 102 #

2023/0083(COD)

Proposal for a directive
Recital 13
(13) Producers may fulfil their obligation to repair by sub-contracting repair, for instance, if the producer does not have the repair infrastructure or if repair can be carried out by a repairer located closer to the consumer, among othersparticularly where the producer is established outside the Union. To this end, they should provide the consumer with a list of verified repairers.
2023/09/08
Committee: IMCO
Amendment 109 #

2023/0083(COD)

Proposal for a directive
Recital 14
(14) The requirements laid down in delegated acts adopted pursuant to Regulation [on the Ecodesign for Sustainable Products] or implementing measures adopted pursuant to Directive 2009/125/EC of the European Parliament and of the Council16, according to which producers should provide access, at a reasonable cost and in a non- discriminatory manner for a period equivalent to at least the expected lifespan of the product, to spare parts, repair and maintenance information or any repair related software tools, firmware or similar auxiliary means, apply. Those requirements ensure the technical feasibility of repair, not only by the producer, but also by other repairers. As a consequence, the consumer can select a repairer of its choice. __________________ 16 Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products (recast) (Text with EEA relevance) (OJ L 285, 31.10.2009, p. 10–35).
2023/09/08
Committee: IMCO
Amendment 140 #

2023/0083(COD)

Proposal for a directive
Recital 23
(23) Member States should ensure that consumers have easy access to the online platform allowing them to find suitable repair services for their defective goods. The online platform should also be accessible to vulnerable consumers, including persons with disabilities, in accordance with applicable Union law relating to accessibility. To this end, Member States should take steps to inform consumers of the existence of the online platform, for example through communication campaigns. The economic operators concerned should also take measures to inform consumers of the existence of the online platform, for example by displaying a link to the platform on their websites or in shops in general and when purchasing in particular.
2023/09/08
Committee: IMCO
Amendment 142 #

2023/0083(COD)

Proposal for a directive
Recital 24
(24) The search function based on products may refer to the product type or brand. Since repairers cannot know the specific defect before a request to repair has been made, it is sufficient that they provide on the online platform generic information on key elements of repair services to enable consumers to decide whether to repair the good in question, in particular the average time to complete repair, the availability of temporary replacement goods, the place where the consumer hands over the goods for repair, the possibility of replacing the product under repair during the repair period and the availability of ancillary services. Repairers should be encouraged to regularly update their information on the online platform. In order to build consumer confidence in the repair services available on the online platform, repairers should be able to demonstrate their adherence to certain repair standards.
2023/09/08
Committee: IMCO
Amendment 167 #

2023/0083(COD)

Proposal for a directive
Recital 28 b (new)
(28b) In order to encourage repair and compensate for the absence of the product during the repair period, the economic operator performing, or delegating, a repair service, should offer the consumer a new or refurbished replacement free of charge, where possible.
2023/09/08
Committee: IMCO
Amendment 259 #

2023/0083(COD)

Proposal for a directive
Article 5 – paragraph 3
3. Producers shall ensure that independent repairers have access to spare parts and repair-related information and tools in accordance with the Union legal acts listed in Annex II, at a reasonable cost and in a non- discriminatory manner for a period equivalent to at least the expected lifespan of the product, to spare parts, repair-related information and tools.
2023/09/08
Committee: IMCO
Amendment 1 #

2023/0081(COD)

Proposal for a regulation
Citation 4 a (new)
having regard to Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC, and in particular Article 85 thereof,
2023/06/02
Committee: IMCO
Amendment 6 #

2023/0081(COD)

Proposal for a regulation
Recital 25
(25) Directives 2014/23/EU, 2014/24/EU and 2014/25/EU already allow contracting authorities and entities awarding contracts through public procurement procedures to rely, in addition to price or cost, on additional criteria for identifying the most economically advantageous tender. Such criteria concern for instance the quality of the tender including social, environmental and innovative characteristics. When awarding contracts for net-zero technology through public procurement, contracting authorities and contracting entities should duly assess the tenders’ contribution to sustainability andor resilience in relation to a series of criteria relating to the tender’s environmental sustainability, the extent to which the economic and social externalities of a tender are into account, innovation, system integration and to resilience.
2023/06/02
Committee: IMCO
Amendment 42 #

2023/0081(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point a
(a) ‘net-zero technologies’ means renewable energy technologies66; electricity and heat storage technologies; heat pumps; grid technologies; renewable fuels of non-biological origin technologies; sustainable alternative fuels technologies67; electrolysers and fuel cells; advanced technologies to produce energy from nuclear processes with minimal waste from the fuel cycle, small modular reactors, and related best-in- class fuels; carbon capture, utilisenergy system technologies which ensure low, zero or negative greenhouse gas emissions when operationg, and storage technologies; and energy- system related energy efficiency technologies. They refer to the fins well as final technological products, specific components and specific machinery primarily used for the production of those products. They shall have reached a technology readiness level of at least 8. __________________ 66 ‘renewable energy' means ‘renewable energy’ as defined in Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources ‘sustainable alternative fuels’ means fuels covered by the Proposal for a Regulation of the European Parliament and of the Council on ensuring a level playing field for sustainable air transport, COM/2021/561 final and by the Proposal for a Regulation of the European Parliament and Council on the use of renewable and low-carbon fuels in maritime transport COM/2021/562 final, machinery or assemblies installed in the Union which are available on the market and which contribute to the implementation or production of technologies enabling the overall target referred to in Article 1(1) to be achieved.
2023/06/02
Committee: IMCO
Amendment 69 #

2023/0081(COD)

Proposal for a regulation
Article 19 – paragraph 1
1. Contracting authorities or contracting entities shall base the award of contracts for net-zero technology listed in the Annex, as defined in Article 3(1)(a) of this Regulation, and more generally all energy system technologies which ensure low, zero or negative greenhouse gas emissions when operating, in a public procurement procedure on the most economically advantageous tender, which shall include the best price-quality ratio, comprising at least the sustainability and, resilience and security of supply contribution of the tender, in compliance with Directives 2014/23/EU, 2014/24/EU, or 2014/25/EU and applicable sectoral legislation, as well as with the Union’s international commitments, including the GPA and other international agreements by which the Union is bound.
2023/06/02
Committee: IMCO
Amendment 72 #

2023/0081(COD)

Proposal for a regulation
Article 19 – paragraph 2 – introductory part
2. The tender’s sustainability andor resilience and security of supply contribution shall be based on at least one of the following cumulative criteria, which shall be objective, transparent and non- discriminatory:
2023/06/02
Committee: IMCO
Amendment 87 #

2023/0081(COD)

Proposal for a regulation
Article 19 – paragraph 2 – point d
(d) the tender’s contribution to resilience and security of supply, taking into account the proportion of the products originating from a single source of supply, as determined in accordance with Regulation (EU) No 952/2013 of the European Parliament and of the Council72, from which more than 65% of the supply for that specific net-zero technology within the Union originates in the last year for which data is available for when the tender takes place. __________________ 72 Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1).
2023/06/02
Committee: IMCO
Amendment 89 #

2023/0081(COD)

Proposal for a regulation
Article 19 – paragraph 2 – point d a (new)
(da) the extent to which the economic and social externalities of a tender, such as job creation or retention, tax revenue and impact on social expenditure, are taken into account.
2023/06/02
Committee: IMCO
Amendment 95 #

2023/0081(COD)

Proposal for a regulation
Article 19 – paragraph 3
3. Contracting authorities and contracting entities shall give the tender’s sustainability andor resilience contribution a weight between 1520% and 350% of the award criteria, without prejudice of the application of Article 41 (3) of Directive 2014/23/EU, Article 67 (5) of Directive 2014/24/EU or Article 82 (5) of Directive 2014/25/EU for giving a higher weighting to the criteria referred to in paragraph 2, points (a) and (b).
2023/06/02
Committee: IMCO
Amendment 99 #

2023/0081(COD)

Proposal for a regulation
Article 19 – paragraph 4
4. The contracting authority or the contracting entity shall not be obliged to apply the considerations relating to the sustainability and resilience contribution of net-zero technologies where their application would oblige that authority or entity to acquire equipment having disproportionate costs, or technical characteristics different from those of existing equipment, resulting in incompatibility, technical difficulties in operation and maintenance. Cost differences above 130% may be presumed by contracting authorities and contracting entities to be disproportionate. This provision shall be without prejudice of the possibility to exclude abnormally low tenders under Article 69 of Directive 2014/24/EU and Article 84 of Directive 2014/25/EU, and without prejudice to other contract award criteria according to the EU legislation, including social aspects according to Articles 30 (3) and 36 (1), second intent of Directive 2014/23/EU, Articles 18 (2) and 67 (2) of Directive 2014/24/EU and Articles 36 (2) and 82 (2) of Directive 2014/24/EU.
2023/06/02
Committee: IMCO
Amendment 103 #

2023/0081(COD)

Proposal for a regulation
Article 19 – paragraph 4 a (new)
4a. Any tender submitted for the award of a ‘net zero technologies’ contract should be rejected where the proportion of the products originating in third countries, as determined in accordance with Regulation (EU) No 952/2013 of the European Parliament and of the Council, exceeds 50% of the total value of the products constituting the tender.
2023/06/02
Committee: IMCO
Amendment 106 #

2023/0081(COD)

Proposal for a regulation
Article 19 – paragraph 4 b (new)
4b. Where the cost differential between two or more tenders is less than 15%, or where two or more tenders are equivalent in terms of the contract award criteria, the contracting authority or the contracting entity should give preference to a tender containing no more than 50% of products originating in a third country.
2023/06/02
Committee: IMCO
Amendment 220 #

2023/0053(COD)

Proposal for a directive
Recital 16
(16) The minimum ages of applicants for the different categories of driving licences should be set at Union level. Nevertheless,are set by individual Member States. Member States should beare also allowed to set a higher age limit for the driving of certain categories of vehicles in order to further promote road safety. Member States should in exceptional circumstances be allowedare free to set lower age limits in order to take account of national circumstances. In particular, to allow the driving of fire service, rescue service and public order maintenance related vehicles or pilot projects related to new vehicle technologies.
2023/09/26
Committee: TRAN
Amendment 244 #

2023/0053(COD)

Proposal for a directive
Recital 25 a (new)
(25a) The Commission should be empowered to identify third countries that ensure a comparable level of training when issuing certificates similar to the European Certificate of Competence (CPC), allowing the holders of those certificates to exchange them with a European CPC, on condition that they undertake an additional competence training.
2023/09/26
Committee: TRAN
Amendment 330 #

2023/0053(COD)

Proposal for a directive
Article 6 – paragraph 1 – point c – point viii – indent 1
– motor vehicles designed and constructed for the carriage of no more than 1622 passengers in addition to the driver and with a maximum length not exceeding 8 meters.
2023/09/26
Committee: TRAN
Amendment 364 #

2023/0053(COD)

Proposal for a directive
Article 7 – paragraph 1 – point e
(e) 241 years for categories D and DE.
2023/09/26
Committee: TRAN
Amendment 378 #

2023/0053(COD)

Proposal for a directive
Article 7 – paragraph 3 – introductory part
3. Member States may lower the minimum age for category C to 18 years and forand category D to 218 years with regard to:
2023/09/26
Committee: TRAN
Amendment 411 #

2023/0053(COD)

Proposal for a directive
Article 9 – paragraph 2 – point h
(h) two years after a driving licence, granted for category B, was issued for the first time it shall be valid for driving the alternatively fuelled vehicles referred to in Article 2 of Council Directive 96/53/EC63 and special purpose vehicles provided that it is a motor caravan as defined in Annex I, Part A, point 5.1 to Regulation (EU) 2018/858 of the European Parliament and of the Council with a maximum authorised mass above 3 500 kg but not exceeding 4 250 kg without a trailer. __________________ 63 Council Directive 96/53/EC of 25 July 1996 laying down for certain road vehicles circulating within the Community the maximum authorised dimensions in national and international traffic and the maximum authorised weights in international traffic (OJ L 235, 17.9.1996, p. 59).
2023/09/26
Committee: TRAN
Amendment 457 #

2023/0053(COD)

Proposal for a directive
Article 10 – paragraph 2 – subparagraph 6
Member States shall reduce the periods of administrative validity set out in the first subparagraph to five years or less for driving licences of holders residing on their territory having reached the age of 70, in order to apply an increased frequency of medical checks or other specific measures, including refresher courses. This reduced period of administrative validity shall only be applied upon renewal of the driving licence.deleted
2023/09/26
Committee: TRAN
Amendment 495 #

2023/0053(COD)

Proposal for a directive
Article 12 – paragraph 8 a (new)
8a. The Commission may assess whether a third country has professional driver training and/or certification rules and examination procedures that are wholly or partially comparable to those of the Union, as well as a level of road safety, which would justify allowing the holder of a Certificate of Professional Competence (CPC), or equivalent issued by the third country to be exchanged for a new CPC, issued by a Member State. On the basis of the assessment, the Commission may adopt an implementing act allowing this exchange on condition that the holder of the CPC completes additional competence training up to 35 hours to be conducted in the most practicable language, with, if necessary, appropriate language support, in line with the provisions of the EU Driver Training Directive (EU) 2022/2561, to ensure high level of competence and road safety. Member States shall have six months to provide their opinion on the Commission assessment regarding a third country. The implementing act shall not apply until the Commission has received an opinion from all Member States or until six months from the entry into force of the implementing act concerned, whichever is the earlier.
2023/09/25
Committee: TRAN
Amendment 506 #

2023/0053(COD)

Proposal for a directive
Article 14 – paragraph 1
1. By way of derogation from Article 7(1), points (b) and (d) respectively, Member States shall issue driving licences, in accordance with Article 10(1), for categories BC, CE and CD marked with the Union code 98.02 specified in Annex I, Part E, to applicants who have reached the age of 17 years.
2023/09/25
Committee: TRAN
Amendment 517 #

2023/0053(COD)

Proposal for a directive
Article 14 – paragraph 1 a (new)
1a. By way of derogation from Article 7(1), points (b), Member States shall issue driving licences, in accordance with Article 10(1), for categories B marked with the Union code 98.02 specified in Annex I, Part E, to applicants who have reached the age of 15 years.
2023/09/25
Committee: TRAN
Amendment 530 #

2023/0053(COD)

Proposal for a directive
Article 14 – paragraph 2 – point e
(e) in the case of a vehicle of category C, CE or D has the qualification and training provided by Directive (EU) 2022/2561.
2023/09/25
Committee: TRAN
Amendment 537 #

2023/0053(COD)

Proposal for a directive
Article 14 – paragraph 2 – point e a (new)
(ea) In case a driver of a vehicle category C, CE and D, has undergone a dedicated 7-hour training course to learn the necessary professional and pedagogical skills, as part of their periodic CPC training. Member States may decide to increase the duration of the training to 14 hours.
2023/09/25
Committee: TRAN
Amendment 556 #

2023/0053(COD)

Proposal for a directive
Article 15 – paragraph 2
(2) Member States shall lay down rules on penalties for novice drivers who drive with a blood alcohol level exceeding 0.05g/mL and take all measures necessary to ensure that they are implemented. Those penalties shall be effective, proportionate, dissuasive and non‐discriminatory.
2023/09/25
Committee: TRAN
Amendment 653 #

2023/0053(COD)

Proposal for a directive
Annex II – Part I – point B – point 5 – point 1 – point c – paragraph 1
The Union code (78) shall not be marked on a driving licence of category A1, A2, A, B1, B and BE issued on the basis of a test of skills and behaviour taken on a vehicle with automatic transmission shall be removed if the holder passes a dedicated test of skills and behaviour or completes a dedicated training or B, or shall be removed accordingly, if the applicant or holder passes a dedicated test of skills and behaviour or completes a dedicated training, which may take place before or after the test of skills and behaviour taken on a vehicle with automatic transmission.
2023/09/25
Committee: TRAN
Amendment 20 #

2023/0038M(NLE)

Motion for a resolution
Recital D a (new)
Da. whereas the EU has a consistent trade deficit with New Zealand in agriculture, accounting for EUR 1.100 million in 2022;
2023/09/22
Committee: INTA
Amendment 28 #

2023/0038M(NLE)

Motion for a resolution
Recital G a (new)
Ga. whereas Italy, Greece and New Zealand are among the largest producers of kiwifruit worldwide; whereas foreign kiwifruit producers can produce in and export from New Zealand only if they are authorized by Kiwifruit New Zealand, in collaboration with Zespri Group Limited, through a collaborative marketing arrangement;
2023/09/22
Committee: INTA
Amendment 30 #

2023/0038M(NLE)

Motion for a resolution
Recital H
H. whereas open trade is one of the four pillars of the EU’s Green Deal industrial plan;deleted
2023/09/22
Committee: INTA
Amendment 57 #

2023/0038M(NLE)

Motion for a resolution
Paragraph 6
6. Believes that the agreement will level the playing field with other trading partners that already have FTAs with New Zealand; notes the high level of tariff liberalisation under the agreement, which will entail the removal of 100 % of New Zealand tariffs on EU exports at entry into force and the lifting of 98.5 % of EU tariffs on New Zealand trade after seven years; believes that the sensitive character of certain European agricultural sectors has been duly reflected by well-calibrated concessions in the form of tariff-rate quotas and longer transition periods; notes that a significant market access has been granted for dairy, beef and sheep products from New Zealand; calls on the Commission to carefully manage and monitor the TRQs and consider to implement safeguards such as seasonability; welcomes the inclusion of dedicated chapters on sustainable food systems and animal welfare respectively and an ambitious chapter on sanitary and phytosanitary matters;
2023/09/22
Committee: INTA
Amendment 63 #

2023/0038M(NLE)

Motion for a resolution
Paragraph 6 a (new)
6a. Deplores the fact that the agricultural sector is often used as bargaining chip to be sacrificed during the negotiations in order to obtain concessions in other chapters; calls on the Commission to consider the cumulative impacts of future trade deals on EU farmers and the need for investment in local EU production;
2023/09/22
Committee: INTA
Amendment 68 #

2023/0038M(NLE)

Motion for a resolution
Paragraph 6 b (new)
6b. Calls on the Commission to continue engaging with New Zealand to find long-lasting solutions ensuring the respect of reciprocity in the kiwifruit sector; underlines the importance of preventing the disclosure of confidential business information in the application for the collaborative marketing arrangement needed to export kiwifruit from New Zealand;
2023/09/22
Committee: INTA
Amendment 73 #

2023/0038M(NLE)

Motion for a resolution
Paragraph 7
7. Welcomes the protection that the agreement provides for the names of 163 European foodstuff geographical indications (GIs) and the complete list of EU GI wines and spirits, as well as the scope for adding more GI names in the future; calls on the Commission to ensure an effective protection of GIs, with a particular attention to those under grandfathering clause, in order to prevent counterfeiting products being produced in New Zealand; notes that the agreement also includes comprehensive intellectual property provisions on copyright, trademarks and industrial designs, thereby ensuring effective protection and enforcement;
2023/09/22
Committee: INTA
Amendment 15 #

2022/2198(INI)

Motion for a resolution
Recital E
E. whereas the transition to Web 4.0 and the development of virtual worlds are an indispensable part of the future of digitisation and a key building block for the completion of the digital single market; whereas the new virtual worlds should not replace but rather only complement the real world;
2023/09/26
Committee: IMCO
Amendment 25 #

2022/2198(INI)

Motion for a resolution
Recital F
F. whereas virtual worlds also entail significant risks affecting citizen and consumer protection and issues related to competition law, privacy and personal data protection, and cybersecurity;
2023/09/26
Committee: IMCO
Amendment 33 #

2022/2198(INI)

Motion for a resolution
Paragraph 2
2. Points to the lack of a universally recognised or agreed definitions of virtual worlds and the real world and considers that further work is needed in order to rectify this;
2023/09/26
Committee: IMCO
Amendment 36 #

2022/2198(INI)

3. Underlines that a true digital single market can contribute decisively to the development of virtual worlds; considers that a clear and comprehensive regulatory framework is of vital importance; highlights and stresses the need to monitor potential fragmentation issues within the digital single market;deleted
2023/09/26
Committee: IMCO
Amendment 49 #

2022/2198(INI)

Motion for a resolution
Paragraph 5
5. Welcomes the Commission’s commitment to monitor the development of virtual worlds; invites the Commission to draft a report on this subject every two years and to transmit it to Parliament and the Council; asks the Commission to pay attention to the potential emergence of problems in the Web 4.0 that already exist in the Web 3.0, such as the proliferation of fake news, infringement of intellectual property rights, digital identity fraud, cybercrime, cyberterrorism, sexual abuse of minors and cyberbullying, among others;
2023/09/26
Committee: IMCO
Amendment 58 #

2022/2198(INI)

Motion for a resolution
Paragraph 7
7. Signals also the positive impact that these developments will have on employment, includ; stresses the importance of promoting the creation of new jobs in domains such as virtual world architecture or content creation; highlights the importance of promoting the development of appropriate skills to ensure the supply of talented and skilled workers fit for these jobs in the EU, as well as of creating appealing conditions to keep EU talent, attract foreign talent and promote entrepreneurship and innovation in the territory of the EU;
2023/09/26
Committee: IMCO
Amendment 64 #

2022/2198(INI)

Motion for a resolution
Paragraph 8
8. RecallsCriticises the fact that most companies leading the development of virtual worlds are established outside the EU; considers that the EU should take the lead in shaping virtual worlds as ecosystems in which European strategic interests, values and principles are respected and promoted, with users at their centre; signals the importance of fostering the creation of a level playing field that promotes the expansion of European small and medium-sized enterprises, and the establishment of European companies able to compete with foreign competitors, as well as innovation and growth;
2023/09/26
Committee: IMCO
Amendment 72 #

2022/2198(INI)

Motion for a resolution
Paragraph 9
9. Acknowledges that multiple virtual worlds have been developed by different undertakings in the absence of open standards and interoperable platforms; considers that interoperability and open standards can contribute to the prevention of quasi-monopolies or abuses of dominant position to the detriment of consumers and European companies, notably SMEs; welcomes the Commission’s commitment to engage with existing multi-stakeholder internet governance institutions to develop common governance standards; supports the establishment of a technical multi- stakeholder forum for the development of technical standards to ensure interoperable virtual worlds;
2023/09/26
Committee: IMCO
Amendment 82 #

2022/2198(INI)

Motion for a resolution
Paragraph 11
11. Believes that the debate over the need for the identification of users in virtual worldmaking users in virtual worlds identifiable under predefined conditions should be a priority area in the development process of virtual worlds and that there should be a profound reflection on the possible configuration of this digital reality, bearing in mind that, in some cases, anonymity may be preferable; points out that anonymity in the digital world is always possible under a username (alias), behind which there must always be an individual identifiable only by the competent authorities in case of need;
2023/09/26
Committee: IMCO
Amendment 98 #

2022/2198(INI)

Motion for a resolution
Paragraph 13
13. Warns about the potential health problems that may arise from accessing virtual worlds, such as addiction, cybersickness or disturbances in sleep patterns or cognitive development, especially among minors and young people;
2023/09/26
Committee: IMCO
Amendment 102 #

2022/2198(INI)

Motion for a resolution
Paragraph 14
14. Recalls the potential of virtual worlds to offer unique experiences that can help minors develop their appetite for learning through, for example, learning through play, which can help them to develop skills in collaboration, communication, critical thinking, innovation and confidence; stresses, however, the risks inherent in early exposure to an excessive use of screens, which can affect well-being and proper cognitive, physical, psychological and social development; calls for information campaigns on limiting screen time, promoting the proper use of screens and the importance of digital parenting to be launched; underlines the importance of protecting minors in virtual worlds, especially against abuse, harassment and bullying;
2023/09/26
Committee: IMCO
Amendment 109 #

2022/2198(INI)

15. Notes that virtual worlds will generate high-resolution images, graphics and video to ensure immersive user experiences, further requiring high- performing infrastructure; notes that, in particular 5G and 6G networks with low latency and high bandwidth will be key, as will technologies such as edge computing; recalls the European Court of Auditors’ January 2022 report, which estimated the total cost of 5G deployment across all EU Member States until 2025, between building new 5G infrastructure and upgrading existing infrastructure, to range between EUR 281 billion and EUR 391 billion; calls, in this regard, for the establishment of a framework which would provide for a fair and equitable contribution to be made by very large content providers to Internet access providers;
2023/09/26
Committee: IMCO
Amendment 118 #

2022/2198(INI)

Motion for a resolution
Paragraph 16
16. Calls on the Commission to conduct an assessment of how to ensure that the infrastructure needed is delivered to consumers; highlights that a true single market for telecoms is key in this regard;
2023/09/26
Committee: IMCO
Amendment 3 #

2022/2171(INI)

Draft opinion
Recital A
A. whereas consumers arseem to be ready to change their purchasing patterns for sustainable options but can be misled by greenwashing practicewhen duly informed about sustainability and origin of the products;
2022/12/16
Committee: IMCO
Amendment 18 #

2022/2171(INI)

Draft opinion
Recital B a (new)
Ba. whereas supporting a vibrant and dynamic textile sector is strategic for the value chains and the competitiveness of the internal market;
2022/12/16
Committee: IMCO
Amendment 21 #

2022/2171(INI)

Draft opinion
Recital B b (new)
Bb. whereas the long tradition and experience of European textile companies has a priceless value for the European historical heritage;
2022/12/16
Committee: IMCO
Amendment 33 #

2022/2171(INI)

Draft opinion
Paragraph 2
2. Calls for stricter customs controls to avoid the import of counterfeit and unsafe textile products or goods without the specific requirements to be sold in the internal market; calls for the implementation of a trusted-flagger alert and notification mechanism and of an appropriate European redress mechanism for consumers affected by misleading labels and textiles that do not comply with Union law;
2022/12/16
Committee: IMCO
Amendment 41 #

2022/2171(INI)

Draft opinion
Paragraph 3
3. Welcomes the introduction of the digital product passport in the proposal for a regulation on ecodesign requirements for sustainable products; believes that in order to be relevant this passport needs to be available on the product itself and be easy to read; favours open and trustworthy data ensuring traceability down to factory level; emphasises that any action that could increase red tape for producers should be avoided and calls for stronger support for SMEs in this sector;
2022/12/16
Committee: IMCO
Amendment 54 #

2022/2171(INI)

Draft opinion
Paragraph 5
5. Encourages initiatives to help consumers switch to more sustainable consumption patterns by providing quality products at an affordable price and reducing waste, without affecting competitiveness and offering more choices to the consumers;
2022/12/16
Committee: IMCO
Amendment 59 #

2022/2171(INI)

Draft opinion
Paragraph 6
6. Believes that textile producers and brands should be drivers of sustainability by being transparent in their practices and respecting human rights and the environment; believes that these goals could be also achieved supporting the value chain, promoting reshoring in EU of delocalized productions, lowering burdens, promoting the textile value chain with incentives and creating a clear and efficient legal framework for companies and customers;
2022/12/16
Committee: IMCO
Amendment 67 #

2022/2171(INI)

Draft opinion
Paragraph 7
7. Stresses that some fast fashion companies located outside the EU contribute to puts enormous stress on suppliers and their workforce through unfair trading practices;
2022/12/16
Committee: IMCO
Amendment 83 #

2022/2171(INI)

Draft opinion
Paragraph 8
8. Calls for mandatorytransparent criteria onfor a responsible consumption to applyied to public procurement, avoiding fragmentation of the internal market;
2022/12/16
Committee: IMCO
Amendment 93 #

2022/2171(INI)

Draft opinion
Paragraph 9 a (new)
9a. Recalls the need to support the EU textile value chain, which actively contribute to the EU competitiveness, while at the same time defending it from external unfair practices, which are also distortive of the internal market;
2022/12/16
Committee: IMCO
Amendment 55 #

2022/2060(INI)

Draft opinion
Paragraph 8
8. Observes that the uptake of electric vehicles will lead to higher electricity consumption in the futuredecision to ban the sale of new internal combustion engine vehicles in favour of electric vehicles will lead to huge costs for car manufacturers and will jeopardise the biofuel vehicle sector; observes further that this decision will lead to a dependence on lithium producing countries and their exporting companies; notes that it will also lead to higher electricity consumption and new ways of consumers ‘fuelling’ their vehicles; asks the Commission and Member States to ensure competition and price transparency between energy providers for electric vehicle charging stations; notes that a lack of competition may lead to consumers paying higher rates than necessary to charge their vehicles;
2022/12/14
Committee: IMCO
Amendment 62 #

2022/2058(INI)

Motion for a resolution
Paragraph 7 a (new)
7a. The continued use of traditional European standards on consumer products is essential to ensure that they can be understood by purchasers, for the measurement of speed (km/h), weight (kg), temperature (°C) or dates (30 January 2023), for example. It must be remembered that a number of EU partners such as the United States and the United Kingdom use other standards (°F, miles, 2023-01-30). Dates and times on computers and other items sold in Europe should be displayed in accordance with the configurations used in the Member State or European Union.
2023/02/02
Committee: IMCO
Amendment 4 #

2022/2040(INI)

Motion for a resolution
Citation 17 a (new)
— having regard to the Commission proposal for a regulation of the European Parliament and of the Council establishing a Single Market emergency instrument and repealing Council Regulation No (EC) 2679/98 (COM(2022)0278);
2022/10/24
Committee: INTA
Amendment 12 #

2022/2040(INI)

Motion for a resolution
Recital A a (new)
A a. whereas any EU strategy to address the current and possible future shortages should follow a comprehensive approach that takes into consideration the root causes of shortages and includes concrete actions for their prevention;
2022/10/24
Committee: INTA
Amendment 24 #

2022/2040(INI)

Motion for a resolution
Recital C
C. whereas large increases in commodity prices, higher prices around the globe and a troublesome spike in inflation are expected to further challenge global supply chains; whereas the EU is experiencing the strongest inflation of the last 30 years and is visibly heading for an energy crisis; whereas the war in Ukraine acts as a catalyst to the existing challenges, such as the monetary policy of the European Central Bank (ECB), the politically intended “green inflation” or the price increases resulting from disrupted supply chains due to the excessive lockdown policy;
2022/10/24
Committee: INTA
Amendment 27 #

2022/2040(INI)

Motion for a resolution
Recital D
D. whereas the EU is strategically dependent on external sources of energy, a situation that is undermining the EU’s economic resilience and strategic autonomy; whereas skyrocketing energy prices are a serious threat to the EU’s production and may put further pressure on many supply chains that have already faced disruption; whereas the EU decision to halt all economic cooperation with Russia has worsen its own economic situation considerably, as inflation and energy prices are rising, energy supply is not secured, and risks in production failures increase the possibilities of insolvencies and job losses;
2022/10/24
Committee: INTA
Amendment 34 #

2022/2040(INI)

Motion for a resolution
Recital E
E. whereas even though the EU must gain more strategic independenceautonomy in different fields, including agricultural products, critical raw materials, semiconductors, medicines and health products, new digital technologies and energy production, this independence has not yet been achieved;
2022/10/24
Committee: INTA
Amendment 37 #

2022/2040(INI)

Motion for a resolution
Recital E a (new)
E a. Whereas Covid-19 restrictions, the Russian naval blockade and other external accidents as the Suez Canal obstruction have highlighted how much trade is dependent on transport; whereas transport and logistics management are of crucial importance for the supply of products, not least given the increasing degree of complexity of the transport chain;
2022/10/24
Committee: INTA
Amendment 39 #

2022/2040(INI)

Motion for a resolution
Recital E b (new)
E b. Whereas long term reliable supply chains should be environmentally, socially and economically sustainable; whereas a growing number of EU businesses have already taken voluntary initiatives to deploy due diligence processes; whereas EU businesses may face difficulties in this challenging time in matching the need to find new suppliers in a short time and the obligation to screen their production methods;
2022/10/24
Committee: INTA
Amendment 41 #

2022/2040(INI)

Motion for a resolution
Recital F
F. whereas small and medium-sized enterprises (SMEs) account for 99 % of all EU businesses, 65 % of all EU jobs and more than 50 % of the EU’s economic output from the non-financial sector; whereas the lack of coordination and coherence among the large number of EU support actions designed for SMEs hinders their participation in the global supply chains and as a consequence their contribution to international trade;
2022/10/24
Committee: INTA
Amendment 53 #

2022/2040(INI)

Motion for a resolution
Paragraph 1
1. Underlines that it is crucial to respond to the possible negative consequences of any external shocks with a coordinated approach at national and EU level; calls on the Commission to continue monitoring the supply chains, especially those which are at higher risk, and to develop a multifaceted strategy for each sector or product concerned in order to be able to promptly address current and future shortages; recalls the importance of avoiding passing from a given dependency to another dependency;
2022/10/24
Committee: INTA
Amendment 64 #

2022/2040(INI)

Motion for a resolution
Paragraph 3
3. Stresses that the COVID-19 crisis and the war in Ukraine have highlighted the EU agricultural sector’s dependence on imports from a small number of countries, especially in the case of wheat and ammonium, which is essential for fertilisers; notes that many non-EU countries have imposed food export restrictions as a response to the crisis; recalls that the EU should be much more autonomous in primary sector products in order to guarantee its security and avoid dependence on third parties; with a view to ensuring a self-sufficient, fair, resilient and sustainable agricultural model anchored in EU territories; stresses the need to recognize and promote the food sovereignty of EU Member States and their right to regulate their imports, exports and stocks to secure their own needs while keeping an open trade policy;
2022/10/24
Committee: INTA
Amendment 77 #

2022/2040(INI)

Motion for a resolution
Paragraph 4
4. SUnderlines that the EU is highly dependent on only few countries for critical raw materials, in particular on China which currently provides 98% of the EU’s supply of rare earth elements (REE); stresses that the war in Ukraine and the subsequent sanctions on Russia have increased the difficulty of sourcing raw materials; takes note of the announcement of the forthcoming publication of the Critical Raw Materials Act during the 2022 State of the Union address; calls on the Member States and the Commission to enhance EU capacity for extraction, processing, recycling and refining of those critical raw materials present in the EU; underlines the importance to ensure the respect of high social, environmental and labour standards in the mining activities not only in the EU, but also in partner countries;
2022/10/24
Committee: INTA
Amendment 113 #

2022/2040(INI)

Motion for a resolution
Paragraph 6
6. Stresses that medical supply chains can be strengthened by investing in skills, building health data infrastructure, and supporting regulatory framework and intellectual property policies that foster innovation and ensure affordable medicines; asks for the fast and transparent implementation of a database at EU level that could improve the coordination among Member States; calls on the Commission to assess the possibility of reshoring the production for essential medicines and active pharmaceutical ingredients to the EU; underlines the difficulties that a broad range of the pharmaceutical industries face in receiving EU funds related to R&D and production investments which are key to ensure that their products can respond to tomorrow’s needs;
2022/10/24
Committee: INTA
Amendment 117 #

2022/2040(INI)

Motion for a resolution
Paragraph 6 a (new)
6 a. New digital technologies Underlines that new digital technologies are transforming digital trade facilitating new business models and reducing the geographical barriers of economic transactions; regrets that the EU is highly dependent on third countries for services such as edge and cloud computing whichare crucial to increase Europe’s data sovereignty as outlined in the EU DigitalStrategy; calls on the EU and the Member States to create favorable conditions for major investments in the research, development and deployment of next generation cloud and edge technologies; emphasizes that the brain- drain and the sell-off of technology industries to third countries must be prevented by appropriate trade policy and other measures, as technological knowledge must be preserved within the EU;
2022/10/24
Committee: INTA
Amendment 119 #

2022/2040(INI)

Motion for a resolution
Paragraph 6 b (new)
6 b. a.Energy production Hopes that the REPowerEU Plan will effectively respond to the energy market disruptions caused by the war in Ukraine; calls on the Commission for the suspension of the Emissions Trading Systems (ETS) Directive in order to reduce energy expenditure in the medium term; calls on the Member States to restore security of energy supply through the unrestricted use of coal-fired and nuclear power plants in the EU; calls on the Commission to update the Energy Taxation Directive to enable the abolition of the energy and electricity tax in the medium term;
2022/10/24
Committee: INTA
Amendment 126 #

2022/2040(INI)

Motion for a resolution
Paragraph 7 a (new)
7 a. Takes note of the Commission proposal on the Single Market emergency instrument hoping that it can be useful to effectively respond to emergency situations in a coordinated manner in order to ensure the smooth functioning of the Single Market and the preservation of EU competitiveness;
2022/10/24
Committee: INTA
Amendment 129 #

2022/2040(INI)

Motion for a resolution
Paragraph 8
8. Welcomes the development of an EU toolbox of autonomous trade instruments, including an anti-coercion instrument, the foreign-direct-investment screening mechanism, the foreign subsidies instrument and the international procurement instrument as well as the creation of the post of Chief Trade Enforcement Officer (CTEO) to respond to these emerging challenges and protect EU competitiveness;
2022/10/24
Committee: INTA
Amendment 130 #

2022/2040(INI)

Motion for a resolution
Paragraph 8 a (new)
8 a. Is convinced that an open trade policy without sanctions is compatible with protecting the EU strategic sectors and with an industrial policy that defends and enable EU resilience to a different range of external shocks and avoidance of economic dependencies on external actors; calls for the abolition of all economic and political sanctions and for the deepening of international economic relations with all partners, in particular regarding energy supply partnerships;
2022/10/24
Committee: INTA
Amendment 135 #

2022/2040(INI)

Motion for a resolution
Paragraph 9
9. Emphasises that the continuing rise in the cost of bureaucracy, particularly as a result of national or EU legislation such as the Supply Chain Act, places a particular burden on the export industry, which is dominated by SMEsfuture directive on Due Diligence or the German Supply Chain Act, places a particular burden on industries, in particular on SMEs; calls on the Commission to introduce a moratorium on bureaucracy and to postpone legislative projects that cause additional bureaucratic costs for businesses; calls for a so-called “bureaucracy brake” and to widen the "one in, one out" principle to a "one in, two out" rule in the medium term in order to effectively cut red tape;
2022/10/24
Committee: INTA
Amendment 138 #

2022/2040(INI)

Motion for a resolution
Paragraph 9 a (new)
9 a. Underlines that should be a priority for the EU to harmonize the existing instruments in support to SMEs to increase their awareness on the opportunities and risks of the international trade;
2022/10/24
Committee: INTA
Amendment 139 #

2022/2040(INI)

Motion for a resolution
Paragraph 9 b (new)
9 b. Calls on the Member States to work towards a back stock of materials and increase transparency of supply chains by spending data, N-tier mapping, or both, as many of today’s most pressing supply shortages such as semiconductors occur in supplier sub-tiers; calls for national risk mitigation plans including finding new suppliers, redesigning networks, resetting inventory targets, keeping safety stocks, and sourcing locally or regionally
2022/10/24
Committee: INTA
Amendment 140 #

2022/2040(INI)

9 c. Calls on the Member States, in close cooperation with the Commission and all interested stakeholders, to take coordinated measures with a view to adopting a strategic plan to upgrade their existing infrastructure for an efficient and timely supply of products;
2022/10/24
Committee: INTA
Amendment 141 #

2022/2040(INI)

Motion for a resolution
Paragraph 10
10. Recalls that in cooperation with the Member States and international partners, the EU must guarantee freedom of the sea and trade routes and thus ensure access to raw materials, energy and export markets; calls on the Member States to get capacity on alternative routes in case logistics disruptions are likely as well as simulate the effects of regional demand shifts on production, examine the risks in supplier networks, labour, manufacturing, and delivery to determine if any part of the value chain is exposed to internal or external disruptions, and set up controls to minimize their effects;
2022/10/24
Committee: INTA
Amendment 146 #

2022/2040(INI)

Motion for a resolution
Paragraph 10 a (new)
10 a. Underlines that enhancing EU industrial production capacities through dedicated public policies and favorable economic, social and environmental conditions would help to secure supplies and boost EU competitiveness;
2022/10/24
Committee: INTA
Amendment 151 #

2022/2040(INI)

Motion for a resolution
Paragraph 12
12. Calls for the shortening of supply chains, in combination with other instruments, and the relocation to the EU of EU businesses’ production facilities in countries outside the blocwhich would lead to a reduction in emissions cause by transport, the improvement of the functioning of the internal market and the reduction of administrative barriers simultaneously; calls on the Member States and the Commission to provide financial incentives to EU businesses for reshoring their production facilities back to the EU;
2022/10/24
Committee: INTA
Amendment 161 #

2022/2040(INI)

Motion for a resolution
Paragraph 13 a (new)
13 a. Calls on the Member States to stimulate and plan for extreme supply- and-demand disruptions, such as ordering components earlier than usual and allowing extra time for delivery, accounting for the higher cost of energy, materials, and transportation, and checking inventories of critical materials to reprioritize production should shortages seem inevitable;
2022/10/24
Committee: INTA
Amendment 166 #

2022/2040(INI)

Motion for a resolution
Paragraph 15
15. Recalls that the circular economy action plan is intended to help the EU to reduce its dependence on external players so as to support strategic autonomy in a wide range of sectors, including mining; emphasizes that this is an ongoing process and strategic autonomy is far from achieved;
2022/10/24
Committee: INTA
Amendment 175 #

2022/2040(INI)

Motion for a resolution
Paragraph 16
16. Believes that free trade agreements (FTAs) may be crucial to diversifying sources of supply and reducing the EU’s dependence on just a few countries; calls foron the EU to prioritise strategic FTAs, in particular with countries rich in raw materials such Chile, Australia, and India, with a particular focus on chapters on raw materials and energy, technical barriers to trade and regulatory cooperation; unterlines that a Bilateral Investment Agreement (BIA) with Taiwan will enhance supply-chain resilience in the semiconductor industry;
2022/10/24
Committee: INTA
Amendment 182 #

2022/2040(INI)

Motion for a resolution
Paragraph 17
17. Welcomes the launch of the EU-US Trade and Technology Council (TTC) in June 2021 and the EU-India agreement on launching a trade and technology council in April 2022; regards these initiatives as meaningful forums for addressing new challenges in the areas of trade, technology and security; calls on the Commission to include in the future EU-India TTC a working group dedicated to “secure supply chains” as in the case of the EU- US TTC in order to share good practices and find common solutions to common external dependencies; underlines that the decision taken at this level are not legally binding since the Commission has not any mandate to negotiate;
2022/10/24
Committee: INTA
Amendment 2 #

2022/2038(INI)

Draft opinion
Recital A a (new)
A a. Whereas the Secretariat of the European Regulators Group for Audiovisual Media Services (ERGA) is staffed and hosted by the Commission diminishing its independence;
2022/11/17
Committee: IMCO
Amendment 3 #

2022/2038(INI)

Draft opinion
Recital A b (new)
A b. Whereas only the strict maintenance of responsibilities and competences of the Member States can guarantee the success of the European media policy;
2022/11/17
Committee: IMCO
Amendment 4 #

2022/2038(INI)

Draft opinion
Recital A c (new)
A c. Whereas media policy is not mentioned in the relevant catalogues of exclusive or shared competences assigned to the EU under primary Union law;
2022/11/17
Committee: IMCO
Amendment 7 #

2022/2038(INI)

Draft opinion
Paragraph 1
1. Underlines the importance of the proper implementation of the Directive; regrets that not all Member States have done this and encourages them to do so urgently;
2022/11/17
Committee: IMCO
Amendment 14 #

2022/2038(INI)

Draft opinion
Paragraph 2 a (new)
2 a. Underlines that the strategy of the Commission to harmonise legislation in the field of media, a policy area where the EU clearly lacks competences, by feigning internal market considerations is unacceptable; emphasises that the concept of freedom of establishment has to be interpreted narrowly and must by no ways serve as a general authorisation to legislate in other policy areas for which there is no clear competence; notes that any regulatory approach that would limit entrepreneurial freedom in the internal market would not be compatible with the internal market concept of Article 26 TFEU, which aims at progress towards cross-border freedom of development;
2022/11/17
Committee: IMCO
Amendment 39 #

2022/2038(INI)

Draft opinion
Paragraph 5
5. Highlights the importance of a well functioning internal media market; underlines that the proposed European media freedom act aims to further enhance cooperation between the national regulators by establishing a European media board; stresses that independence and adequate resources must be guaranteed in order to fulfil these new responsibilities; insists on the importance of avoiding overlaps between the two instruments in order to preserve their effectiveness.is a political appropriation of the media by the Commission;
2022/11/17
Committee: IMCO
Amendment 23 #

2022/2036(INI)

Motion for a resolution
Paragraph 1
1. Emphasises that, in order to strengthen the single market, it is necessary to carry out a digital transformation that inensure the development of an independent European single market, it is necessary to provide for a revision of European competition law and thus creaseste the availability of online public services; recalls that eGovernment facilitates relationships with citizens, businesses, employees and governments, and calls for the establishment of a European digital identityconditions conducive to the emergence of strategic European digital sectors; regrets that Member States rely on private solutions from third countries when drawing up national cloud strategies;
2022/11/09
Committee: IMCO
Amendment 25 #

2022/2036(INI)

Motion for a resolution
Paragraph 1
1. Emphasises that in order to strengthen the single market, it is necessary to carry out a digital transformation that increases the availability of online public services; recalls that eGovernment facilitates relationships with citizens, businesses, employees and governments, and calls for the establishment of a European digital identity;
2022/11/09
Committee: IMCO
Amendment 31 #

2022/2036(INI)

Motion for a resolution
Paragraph 2
2. Firmly bBelieves that the further development of digital public services can significantly contribute to the reduction of administrative barriers for entrepreneurs, especially micro, small and medium-sized enterprises (MSMEs); calls on Member States to redouble their efforts to further digitalise public services without that meaning that citizens of Member States who so wish cannot avail themselves of those services in a traditional and non- digitalised manner; stresses the importance of not sacrificing public services that are accessible in a non- computerised manner, but, rather, of allowing easy and rapid access to such public services;
2022/11/09
Committee: IMCO
Amendment 34 #

2022/2036(INI)

Motion for a resolution
Paragraph 3
3. Emphasises that the provision of digital public services implies the use of personal data, and therefore calls on the Commission and Member States to pay special attention to the protection of citizens’ personal data, including in connection with data transfer agreements with third countries; calls on the Commission not to compromise the high level of personal-data protection to which Member State citizens are entitled; calls on the Commission to foster the development of sovereign European digital infrastructure guaranteeing that the rights of European users, and the security of their data, will be protected;
2022/11/09
Committee: IMCO
Amendment 42 #

2022/2036(INI)

Motion for a resolution
Paragraph 4
4. Emphasises that broadband internet coverage, especially on islands and in rural areas, is of key importance for the development of eGovernment; calls on the Commission, therefore, to complete the necessary infrastructure for broadband internet access in cooperation with the Member States; highlights the high cybersecurity risks with regard to submarine cables in particular; calls on Member States to redouble their efforts to protect them;
2022/11/09
Committee: IMCO
Amendment 46 #

2022/2036(INI)

Motion for a resolution
Paragraph 5
5. Points out that without improvements to digital skills and digital literacy, as well as an awareness of Member States' extreme dependence on third countries and the means to rectify that, the European digital single market cannot be built; invites the Commission, therefore, to robustly implement the Digital Education Action Plan;
2022/11/09
Committee: IMCO
Amendment 54 #

2022/2036(INI)

Motion for a resolution
Paragraph 7
7. Believes that e-health has untapped potential, and therefore welcomes the Commission’s intention to create a European health data space; emphasises, furthermore, that e-medical records are extremely useful for stimulating cross-border research and providing cross-border healthcare;deleted
2022/11/09
Committee: IMCO
Amendment 85 #

2022/2036(INI)

Motion for a resolution
Paragraph 18
18. Welcomes the Commission’s initiative to create a European data space for public procurement as a cornerstone of the future public procurement data strategy; regrets the lack of any European ambition to foster the emergence of world-class data centres and sovereign clouds in the Member States; considers that improved publication of procurement data above and below EU thresholds as well as better quality and aligned data sources and formats will particularly help the Commission in this task;
2022/11/09
Committee: IMCO
Amendment 100 #

2022/2036(INI)

Motion for a resolution
Paragraph 24
24. Welcomes the Commission’s initiative to create European data spaces in various sectors, including health, justice and public procurement; considers it crucial for these data spaces to be interoperable so that consumers and entrepreneurs, especially SMEs, can achieve their full potential; points out that the interoperability of data spaces should be the starting point for all future digitalisation strategies; calls on the Commission to submit a legislative proposal as soon as possible that will ensure the interoperability of data spaces in the European single market;
2022/11/09
Committee: IMCO
Amendment 51 #

2022/2026(INI)

Draft opinion
Paragraph 4
4. UrgesCalls on the Member States to improve the accessibility of buildings, transport and communication, including web accessibility, in order to remove physical, digital, logistical and social barriers in all areas, and recalls that the Member States mustshould speed up the transposition of the European Accessibility Act10 ; _________________ 10 Petitions Nos 0954/2019, 1491/2020,1135/21 and 1213/2021.
2022/06/02
Committee: PETI
Amendment 62 #

2022/2026(INI)

Draft opinion
Paragraph 5
5. Recalls, in this respect, that the COVID-19 crisis has fostered remote work, which could provide for wider access to employment for PwD, and urgescalls on the Member States to take serious measures to tackle unemployment and the payment gap11 ; _________________ 11 Petitions Nos 0608/2020, 1139/2021, 0226/21 and 0070/2022.
2022/06/02
Committee: PETI
Amendment 92 #

2022/2026(INI)

8. Highlights that all PwD are exposed to discrimination most frequently, in particular those with intellectual, psychosocial and mental disabilities, and women and girls, migrants and members of the LGBTIQ community with disabilities; calls, in this respect, for anti- discrimination legislation to protect the rights of PwD and for the horizontal Anti- Discrimination Directive to be unblocked in the Council14 ; _________________ 14 Petitions Nos 0164/2020 and 0226/2021.all PwD;
2022/06/02
Committee: PETI
Amendment 31 #

2022/2014(INI)

Motion for a resolution
Recital B
B. whereas the video games industry employed 86 953 people in 2019, of whom around 20% were women; 3a; _________________ 3a ISFE, Europe’s Video Games Industry, ISFE-EGDF Key Facts, 2021.
2022/06/27
Committee: IMCO
Amendment 40 #

2022/2014(INI)

Motion for a resolution
Recital D a (new)
Da. whereas online video games present, by their very nature, important levels of criticalities especially when the gaming experience is compared to most traditional physical channels;
2022/06/27
Committee: IMCO
Amendment 45 #

2022/2014(INI)

Motion for a resolution
Recital E
E. whereas spending excessive amounts of time playing online video games, in the absence of appropriate safeguards, can create addictions and lead to ‘gaming disorder’, and can also lead to consumer-protection related issues as well as mechanisms that can be reminiscent of electronic forms of gambling, in particular with regard to minors;
2022/06/27
Committee: IMCO
Amendment 55 #

2022/2014(INI)

Motion for a resolution
Recital F a (new)
Fa. whereas monetized video games may have very few consumer protection guarantees, which could pose financial risks for users and, in the case of minors, parents and those legally responsible for their actions;
2022/06/27
Committee: IMCO
Amendment 56 #

2022/2014(INI)

Motion for a resolution
Recital F b (new)
Fb. whereas the control and verification tools set up for accessing online video games may lack efficiency, particularly when it comes to verifying with absolute certainty players’ age;
2022/06/27
Committee: IMCO
Amendment 68 #

2022/2014(INI)

Motion for a resolution
Recital J a (new)
Ja. whereas, with regard to the psychosocial effects of certain reward mechanisms, children are more at risk to develop habits in response to certain stimuli;
2022/06/27
Committee: IMCO
Amendment 70 #

2022/2014(INI)

Motion for a resolution
Recital K
K. whereas the European video games industry represented a market size of EUR 23.3 billion in 2020 and is still growing8a; whereas, since 2015, digital revenues have increased threefold and account for more than half of European market revenues; _________________ 8a ISFE, Europe’s Video Games Industry, ISFE-EGDF Key Facts, 2021
2022/06/27
Committee: IMCO
Amendment 73 #

2022/2014(INI)

Motion for a resolution
Recital K a (new)
Ka. whereas the industry has historically generated revenue from the sale of video games but has been rapidly shifting to purely digital services sold through online storefronts, leading the grounds for new and complex business models; whereas one of the currently predominant business models is represented by in-game purchases that unlock digital content in the video game environment;
2022/06/27
Committee: IMCO
Amendment 77 #

2022/2014(INI)

Motion for a resolution
Recital K b (new)
Kb. whereas the video games industry represents an important and rapidly growing segment of the creativity sector in Europe, which has historically lagged behind in the emergence of 'European champions' within the global digital sector;
2022/06/27
Committee: IMCO
Amendment 92 #

2022/2014(INI)

Motion for a resolution
Paragraph 1
1. Welcomes the measures taken to better protect consumers; notes, however, the need for a single, coordinated approach between Member States in order to avoid fragmentation of the single market and to protect European consumers;
2022/06/27
Committee: IMCO
Amendment 104 #

2022/2014(INI)

Motion for a resolution
Paragraph 3
3. Welcomes the development and implementation of parental-control tools that help to filter content and video games by age, monitor time spent playing games, disable or limit online spending and restrict communications with others or the viewing of content created by other players; notes, however, that parents may find it difficult to use such tools, which reduces their effectiveness; calls for mechanisms to be put in place to exercise stricter parental control over the amount of time and money children spend on games, among other thingsstresses that instructions for effective use of parental control should be made user-friendly, accessible and clear;
2022/06/27
Committee: IMCO
Amendment 108 #

2022/2014(INI)

Motion for a resolution
Paragraph 4
4. Points out that some video games offer their users the possibility to pay, sometimes even with real money, in order to obtain rewards through loot boxesbuy in-game currencies and to obtain randomized rewards through loot boxes; stresses that the use of in-game currencies constitutes an additional transaction layer that abstracts the real-world cost of the virtual item;
2022/06/27
Committee: IMCO
Amendment 115 #

2022/2014(INI)

Motion for a resolution
Paragraph 4 a (new)
4a. Observes that generally the ownership of in-game currencies does not guarantee the right of refund nor the right of withdrawal for consumers, notably given the complicated licensing agreements through which video games companies often grant themselves the power to unilaterally change contractual clauses;
2022/06/27
Committee: IMCO
Amendment 145 #

2022/2014(INI)

Motion for a resolution
Paragraph 8
8. Stresses that consumers should have all the necessary information about an online video game before starting to play it, as well as during the game, in terms of the multiple options for possible purchases while playing and other information that may be considered to be of interest; observes in particular that clear information shall be provided to consumers in advertising materials on what to expect from in-game purchases and how they affect gameplay;
2022/06/27
Committee: IMCO
Amendment 153 #

2022/2014(INI)

Motion for a resolution
Paragraph 8 a (new)
8a. Points out that in cases where algorithmic decision-making is employed in video games, particularly when it aims at influencing user behaviour, consumers shall be explicitly informed;
2022/06/27
Committee: IMCO
Amendment 171 #

2022/2014(INI)

Motion for a resolution
Paragraph 10 a (new)
10a. Stresses that, when adopting regulatory action, the Commission shall prioritize banning misleading designs, increasing minors protection and ensuring transactional transparency for in-game purchasing systems;
2022/06/27
Committee: IMCO
Amendment 174 #

2022/2014(INI)

Motion for a resolution
Paragraph 10 b (new)
10b. Stresses that regulatory action shall provide a good balance between consumer protection and the development of strategic business models; underlines that although consumer protection is a shared competence, the video games sector requires cross-border protection because of its intrinsic nature;
2022/06/27
Committee: IMCO
Amendment 193 #

2022/2014(INI)

Motion for a resolution
Paragraph 12 a (new)
12a. Recalls that children are less able to disentangle costs when presented with virtual currencies and may have problems understanding and taking probabilities into account particularly when it comes to randomized rewards;
2022/06/27
Committee: IMCO
Amendment 215 #

2022/2014(INI)

Motion for a resolution
Paragraph 15 a (new)
15a. Stresses the importance of creating enforceable accessibility standards for consumers affected by disabilities, in particular when minors;
2022/06/27
Committee: IMCO
Amendment 250 #

2022/2014(INI)

Motion for a resolution
Paragraph 22 a (new)
22a. Calls on the Commission to take advantage of the fitness check to be conducted on digital fairness, as part of the New Consumer Agenda2020, to assess key concepts relevant for the protection of consumer in online video games as vulnerability, deceptive design and monetisation techniques;
2022/06/27
Committee: IMCO
Amendment 7 #

2022/2008(INI)

Draft opinion
Paragraph 1
1. Recalls that the new Industrial Strategy was updated to reflect the lessons learned from COVID-19, and that this strategy will be key toshould go further in enhancing EU competitiveness and overcoming future challenges, such as Union independence for the most strategic economic sectors; recalls that a strong governance system, European preference and market surveillance are essential in order to relaunch the single market; calls on the Commission to focus on ensuring that the industrial strategy helps remove single market barriers and avoid further fragmentation;
2022/04/06
Committee: IMCO
Amendment 8 #

2022/2008(INI)

Draft opinion
Paragraph 1
1. Recalls that the new Industrial Strategy was updated to reflect the lessons learned from COVID-19, and that this strategy will be key to enhancing EU competitiveness and overcoming future challenges; recalls that a strong governance system and market surveillance are essential in order to relaunch the single market; calls on the Commission to focus on ensuring that the industrial strategy helps remove single market barriers and avoid further fragmentation;
2022/04/06
Committee: IMCO
Amendment 33 #

2022/2008(INI)

Draft opinion
Paragraph 3
3. Underlines the need to strengthen the competitiveness of SMEs and industry by addressing supply risks, dependencies, disruptions and vulnerabilities, especially in the green and digital economies; stresses that effective public procurement will lead to more jobs, growth and innovative investments; recalls that the selection and award criteria should not result in an unreasonable administrative burden, particularly for European micro-, small and medium-sized enterprises;
2022/04/06
Committee: IMCO
Amendment 34 #

2022/2008(INI)

Draft opinion
Paragraph 3
3. Underlines the need to strengthen the competitiveness of SMEs and industry by addressing supply risks, dependencies, disruptions and vulnerabilities, especially in the green and digital economies; stresses that public procurement can play an active role in achieving the New Industrial Strategy objectives, such as the emergence of competitive European businesses; stresses that effective public procurement will lead to more jobs, growth and innovative investments;
2022/04/06
Committee: IMCO
Amendment 46 #

2022/2008(INI)

Draft opinion
Paragraph 4
4. Reiterates the need to enhance European strategic autonomy by investing in skills, digital infrastructures, particularly for the storage and processing of European user data, and key technologies such as AI, cybersecurity, 5G and 6G, microprocessors and semiconductors, high-performance computing and quantum technologies;
2022/04/06
Committee: IMCO
Amendment 55 #

2022/2008(INI)

Draft opinion
Paragraph 4 a (new)
4a. Stresses that developing these key sectors requires that a European preference system be established for local or European production in public procurement contracts in Europe;
2022/04/06
Committee: IMCO
Amendment 106 #

2022/0358(COD)

Proposal for a regulation
Recital 18
(18) Competent authorities that wish to receive from online short-term rental platforms information about hosts’ activities and have registration systems in place should be able to obtain activity data from online platforms on a regular basis. The type of data that may be obtained should be fully harmonised and include information on the number of nights for which a registered unit has been rented, the number of guests that stayed in the unit per night, their country or geographical area of residence, the registration number and the URL of the listing of the unit, which is needed in order to facilitate the identification of the host and the unit offered for short-term accommodation rental services in cases where the registration number is missing or incorrect. Only online platforms that have effectively facilitated the conclusion of direct transactions between hosts and guests are covered by the obligation to provide the activity data, the registration number and the URL of the listing of the unit, as only those platforms are in a position to collect data, such as on the number of nights for which a unit is rented and the number of guests that stayed in the unit per night. Member States should not maintain or introduce measures that require platforms to report on short-term accommodation rental service providers and their activities diverging from those laid down in this Regulation, unless otherwise provided under Union law.
2023/06/05
Committee: IMCO
Amendment 131 #

2022/0358(COD)

Proposal for a regulation
Article 2 – paragraph 1
1. This Regulation applies to providers of online short-term rental platforms that offer services to hostand online short-term rental advertising platforms that offer services to hosts and other online short-term rental platforms providing short-term accommodation rental services in the Union, irrespective of their place of establishment.
2023/06/05
Committee: IMCO
Amendment 132 #

2022/0358(COD)

Proposal for a regulation
Article 2 – paragraph 1 a (new)
1a. This Regulation also applies to hosts providing short-term accommodation rental services in the Union, their intermediaries and the local authorities managing the data collected, irrespective of their place of establishment.
2023/06/05
Committee: IMCO
Amendment 139 #

2022/0358(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 1 – introductory part
(1) ‘unit’ means a furnished accommodation located in the Union that is the subject of the provision of a short-term accommodation rental service, as further defined by national law. It does not include the following:
2023/06/05
Committee: IMCO
Amendment 145 #

2022/0358(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 3 a (new)
(3a) ‘property manager’ means any entity that has been retained to perform and carry out short term rentals, operation and management services at one or more of the units owned by the host;
2023/06/05
Committee: IMCO
Amendment 147 #

2022/0358(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 6 a (new)
(6a) ‘online short-term rental advertising platform’ means a service within the meaning of Article 3, point (i) and (j) of Regulation (EU) 2022/2065, that display advertising of short-term accommodation rental services on their platform but that do not allow guests to conclude distance contracts with hosts for the provision of short-term accommodation rental services;
2023/06/05
Committee: IMCO
Amendment 157 #

2022/0358(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 11
(11) ‘activity data’ means the number of nights for which a unit is rented corresponding to the number of actual stays in the unit and the number of guests that have been declared to stayed in the unit per night, and, in accordance with Regulation (EU) 692/2011, their country or geographical area of residence;
2023/06/05
Committee: IMCO
Amendment 161 #

2022/0358(COD)

Proposal for a regulation
Article 4 – paragraph 2 – point a a (new)
(aa) the requirements on hosts underlying the registration procedures are proportionate, non-discriminatory and justified;
2023/06/05
Committee: IMCO
Amendment 163 #

2022/0358(COD)

Proposal for a regulation
Article 4 – paragraph 2 – point b
(b) registration procedures allow for theonline, automatic and, immediate issue of a registration number for a specific unit upon the submission by the host of the information referred to in Article 5(1) and, where appropriate, any supporting documentation required pursuant to Article 5(2);
2023/06/05
Committee: IMCO
Amendment 169 #

2022/0358(COD)

Proposal for a regulation
Article 4 – paragraph 2 – point g
(g) hosts are required, when offering their short-term accommodation rental services via an online short-term rental platform or an online short-term rental advertising platform, to declare whether the unit offered is located in an area where a registration procedure has been established or applies and, if so, to provide the registration number.
2023/06/05
Committee: IMCO
Amendment 184 #

2022/0358(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point a – point 4 a (new)
(4a) where applicable, if the host uses the intermediary services of a property manager;
2023/06/05
Committee: IMCO
Amendment 195 #

2022/0358(COD)

Proposal for a regulation
Article 5 – paragraph 6
6. Hosts shall be responsible for the accuracy of the information that they provide to competent authorities pursuant to this Article, and of the information that they provide to online short-term rental platforms and to online short-term rental advertising platforms pursuant to Article 7 of this Regulation.
2023/06/05
Committee: IMCO
Amendment 200 #

2022/0358(COD)

Proposal for a regulation
Article 6 – paragraph 3
3. Where a host fails to rectify the requested information pursuant to paragraph 2, the competent authority shall have the power to suspend the validity of the affected registration numbers and to issue an order requesting online short-term rental platforms and short-term advertising platforms to remove or disable access to any listing relating to the unit or units in question without undue delay.
2023/06/05
Committee: IMCO
Amendment 205 #

2022/0358(COD)

Proposal for a regulation
Article 6 – paragraph 4
4. Where a competent authority, after verification pursuant to paragraph 1, finds that there are manifest and serious doubts as regards the authenticity and validity of the information or documentation submitted pursuant to Article 5(1) and 5(2), it shall have the power to suspend the validity of the affected registration numbers and to issue an order requesting online short-term rental platforms and online short-term rental advertising platforms to remove or disable access to any listing relating to the unit or units in question without undue delay.
2023/06/05
Committee: IMCO
Amendment 215 #

2022/0358(COD)

Proposal for a regulation
Article 6 – paragraph 6 – point b
(b) clear information enabling the provider of the online short-term rental platform or the provider of the online short-term rental advertising platform to identify and locate the listing or listings concerned, such as one or more exact uniform resource locators (URL) and the identity of the competent authority;
2023/06/05
Committee: IMCO
Amendment 217 #

2022/0358(COD)

Proposal for a regulation
Article 6 – paragraph 6 – point c
(c) the identity of the host andregistration number of the unit offered for short-term accommodation rental services.
2023/06/05
Committee: IMCO
Amendment 233 #

2022/0358(COD)

(c) make reasonable efforts to regularly carry out randomly checks of the declaration of the hosts concerning the existence or not of a registration procedure, taking into account the list made available pursuant to Article 13(1), point (a), and, where such a procedure exists, the validity of the registration number provided by the host, including through the use of the functionalities offered by the Single Digital Entry Points referred to in Article 10(2), point (b), after allowing the offering of the short-term accommodation rental services by the host.
2023/06/05
Committee: IMCO
Amendment 259 #

2022/0358(COD)

Proposal for a regulation
Article 10 – paragraph 2 – point b
(b) facilitate random checks by online short-term rental platforms and by online short-term rental advertising platforms pursuant to Article 7(1), point (c) of the validity of registration numbers provided by hosts;
2023/06/05
Committee: IMCO
Amendment 311 #

2022/0358(COD)

Proposal for a regulation
Article 19 – paragraph 2
It shall apply from [OP please insert date = 12 months after the date of entry into force of this Regulation]. However, Article 7 and Article 9 shall apply from [OP please insert date = 24 months after the date of entry into force of this Regulation].
2023/06/05
Committee: IMCO
Amendment 48 #

2022/0288(COD)

Proposal for a regulation
Recital 49 a (new)
(49a) The Regulation has implications for the Union budget, in particular the total financial resources necessary to support the implementation of this proposal are estimated to be EUR 4.654 million for the period 2022-2027, of which EUR 2.904 million for administrative expenditure. The additional costs on EU economic operators imposed by this Regulation should be compensated in order to avoid loss of competitiveness at international level, taking into account the particular situation of SMEs.
2023/07/07
Committee: INTA
Amendment 51 #

2022/0288(COD)

Proposal for a regulation
Article 1 – paragraph 1
This Regulation lays down rules governing import and export authorisation, and import, export and transit measures for firearms, their essential components , ammunition and alarm and signal weapons , for the purpose of implementing Article 10 of the United Nations Protocol against the Illicit Manufacturing of and Trafficking in Firearms, their Parts and Components and Ammunition, supplementing the United Nations Convention against Transnational Organised Crime (the ‘UN Firearms Protocol’).
2023/07/07
Committee: INTA
Amendment 54 #

2022/0288(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2
2. ‘identical weapons’ means weapons with identical technical characteristics with respect to manufacturer, brand or make, type, model, material, calibre and operation;deleted
2023/07/07
Committee: INTA
Amendment 58 #

2022/0288(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 4
4. ‘semi-finished firearms’ mean firearms that are not ready for direct use and have the approximate shape or outline of the finished firearms, and which can only be used, other than in exceptional cases, for completion into the finished firearm;deleted
2023/07/07
Committee: INTA
Amendment 60 #

2022/0288(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 5
5. ‘semi-finished essential components’ mean essential components that are not ready for direct use and have the approximate shape or outline of the finished essential component, and which can only be used, other than in exceptional cases, for completion into the finished essential component;deleted
2023/07/07
Committee: INTA
Amendment 63 #

2022/0288(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 8
8. ‘alarm and signal weapons’ means devices with a cartridge holder which are designed to fire only blanks, irritants, other active substances or pyrotechnic signalling rounds and which are not capable of being converted to expel a shot, bullet or projectile by the action of a combustible propellant;deleted
2023/07/07
Committee: INTA
Amendment 74 #

2022/0288(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point c a (new)
(ca) (d) collectors and bodies concerned with cultural and historical aspects of firearms, their parts and essential components and ammunition and recognised as such for the purpose of this Regulation by the Member State in whose territory they are established, provided that tracing measures are ensured;
2023/07/07
Committee: INTA
Amendment 76 #

2022/0288(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point c b (new)
(cb) (e) deactivated firearms;
2023/07/07
Committee: INTA
Amendment 77 #

2022/0288(COD)

Proposal for a regulation
Article 4
Derogations to Union customs procedures 1. Firearms, their essential components and ammunition listed in Annex I to this Regulation shall not: (a) be placed under a customs procedure based on a simplified declaration established under Article 166 of Regulation (EU) No 952/2013; (b) be subject to an entry in the declarant’s record pursuant to Article 182 of Regulation (EU) No 952/2013; (c) be subject to self-assessment pursuant to Article 185 of Regulation (EU) No 952/2013; (d) be declared with a customs declaration containing the specific dataset referred to in Article 143 (a) of Delegated Regulation (EU) 2015/2446; (e) be declared with a customs declaration containing the reduced dataset referred to in Article 144 of Delegated Regulation (EU) 2015/2446. 2. With respect to single authorisations for simplified procedures still valid pursuant to Article 345 (4) of Implementing Regulation (EU) 2015/2447 paragraph 1, points (a) and (b) of this Article shall not apply to firearms, their essential components and ammunition listed in Annex I to this Regulation. 3. For firearms, their essential components and ammunition an authorisation in accordance with Article 12 and 13 of this Regulation shall be required for an intra-EU and external transit procedure set out in Article 226 of Regulation (EU) No 952/2013.Article 4 deleted
2023/07/07
Committee: INTA
Amendment 83 #

2022/0288(COD)

Proposal for a regulation
Article 5 – paragraph 1
1. Economic operators established in the customs territory of the Union shall only import a firearm, their essential components, ammunition and alarm and signal weapons as listed in Annex I, if they comply with the obligations set out in paragraph 2.
2023/07/07
Committee: INTA
Amendment 85 #

2022/0288(COD)

Proposal for a regulation
Article 5 – paragraph 2 – point a
(a) verify that the imported firearms, their essential components, ammunition and alarm and signal weapon comply with (a) the rules on marking referred to in Article 4 of Directive (EU) 2021/555; (b) the rules on non-convertibility referred to in Article 14(3) of Directive (EU) 2021/555; (c) the rules on deactivation referred to in Article 15(3) of Directive (EU) 2021/555;deleted
2023/07/07
Committee: INTA
Amendment 88 #

2022/0288(COD)

Proposal for a regulation
Article 5 – paragraph 2 – point b
(b) keep all certificates according to paragraph 2 point (a) of this Article and relevant documentation according to Articles 9 and 10 of this Regulation at the disposal of the authorities referred to in Article 34(2) of this Regulation and ensuring that the technical documentation shall be made available to those authorities upon request;
2023/07/07
Committee: INTA
Amendment 89 #

2022/0288(COD)

Proposal for a regulation
Article 5 – paragraph 2 – point c
(c) further to a reasoned request from an authority referred to in Article 34(2) provide that authority with all information and documentation necessary to demonstrate the conformity of the firearms, their essential components, ammunition and alarm and signal weaponsin English or, alternatively, in a language, which can be easily understood by that authority;
2023/07/07
Committee: INTA
Amendment 93 #

2022/0288(COD)

Proposal for a regulation
Article 6
1. Firearms or their essential components shall be imported provided that they are marked in accordance with Article 4 of Directive (EU) 2021/555. 2. In the absence of the required marking according to paragraph 1 of this Article, the firearms or their essential components shall be placed under another customs procedure. 3. In accordance with Article 8 of the United Nations Protocol, all firearms and their essential components shall be marked with a unique marking providing the name of the manufacturer, the country or place of manufacture and the serial number, or with any alternative unique user-friendly marking with simple geometric symbols in combination with a numeric and/or alphanumeric code, permitting ready identification of the country of manufacture. 4. In the absence of a marking in accordance with paragraph 3, the re- export shall be prohibited and the firearms and their essential components shall be seized and destroyed.Article 6 deleted Marking at import
2023/07/07
Committee: INTA
Amendment 95 #

2022/0288(COD)

Proposal for a regulation
Article 6 – paragraph 1
1. Firearms or their essential components shall be importedimported may be placed on the single market provided that they are marked in accordance with Article 4 of Directive (EU) 2021/555.
2023/07/07
Committee: INTA
Amendment 99 #

2022/0288(COD)

Proposal for a regulation
Article 6 – paragraph 2
2. In the absenceevent that firearms ofr the required ir essential components lack a marking in according toance with paragraph 1 of this Article, the firearms or , they shall be placed under anotheir essential components shall be placed under another customs procedurecustoms procedure, and, under the supervision of customs authorities, the importer must complete the marking.
2023/07/07
Committee: INTA
Amendment 101 #

2022/0288(COD)

Proposal for a regulation
Article 6 – paragraph 3
3. In accordance with Article 8 of the United Nations Protocol, all firearms and their essential components shall be marked with a unique marking providing the name of the manufacturer, the country or place of manufacture and the serial number, or with any alternative unique user-friendly marking with simple geometric symbols in combination with a numeric and/or alphanumeric code, permitting ready identification of the country of manufactureFirearms and their imported parts must bear the marking prescribed by Article 8, paragraph 1, letter (b) of the United Nations Protocol.
2023/07/07
Committee: INTA
Amendment 105 #

2022/0288(COD)

Proposal for a regulation
Article 7
1. Deactivated firearms shall be imported provided that they are accompanied by import authorisation referred to in Article 9 of this Regulation and the deactivation certificate referred to in Article 15 of Directive (EU) 2021/555. 2. In the absence of the deactivation certificate, the deactivated firearm shall be placed under another customs procedure or declared as a firearm.Article 7 deleted Deactivated firearms
2023/07/07
Committee: INTA
Amendment 109 #

2022/0288(COD)

Proposal for a regulation
Article 8
1. Alarm and signal weapons shall be imported as alarm and signal weapons provided that it is indicated in the import authorisation referred to in Article 9 that they are non-convertible and declared as such by the authorities referred to in paragraph 3 of this Article. This import authorisation shall be issued without the conditions as referred to in Article 9(2). 2. Upon entry into the customs territory of the Union, alarm and signal weapons which do not comply with the technical specifications referred to in Article 14 of Directive (EU) 2021/555 shall be classified as firearms pursuant to Annex I to this Regulation. 3. Member States shall communicate on 1 January and 1 July of each year to the Commission a report on the alarm and signal weapons classified as non- convertible. Those reports shall be discussed within the Coordination Group referred to in Article 33 of this Regulation. 4. In case of diverging national practices, the Commission shall adopt implementing acts establishing a list of non-convertible alarm and signal weapons. Those implementing acts shall be adopted in accordance with the committee procedure referred to in Article 37.Article 8 deleted Alarm and signal weapons
2023/07/07
Committee: INTA
Amendment 115 #

2022/0288(COD)

Proposal for a regulation
Article 9 – paragraph 1
1. Import authorisation shall be necessary for the import of a firearm, an essential component, ammunition and alarm and signal weapons into the customs territory of the Union. Such import authorisation shall be established in accordance with the form set out in Annex II, part I. Such authorisation shall be granted by the competent authorities of the Member State where the importer is established and shall be issued by electronic means, through the electronic licensing system referred to in Article 28.
2023/07/07
Committee: INTA
Amendment 117 #

2022/0288(COD)

Proposal for a regulation
Article 9 – paragraph 3
3. Only arms dealers and brokers shall be authorised to import semi- finished firearms and semi-finished essential components.ted
2023/07/07
Committee: INTA
Amendment 118 #

2022/0288(COD)

Proposal for a regulation
Article 9 – paragraph 4
4. Competent authorities shall process applications for import authorisations within a period of time, which shall not exceed 6015 working days, from the date on which all required information has been provided to the competent authorities. Under exceptional circumstances and for duly justified reasons, that period may be extended to 930 working days.
2023/07/07
Committee: INTA
Amendment 133 #

2022/0288(COD)

Proposal for a regulation
Article 12 – paragraph 4
4. As soon as the shipment of firearms, their essential components, and ammunition or alarm and signal weapons listed in Annex I has been imported or has been exported from the customs territory of the Union, the customs office of import or of export shall inform the competent authority of dispatch or destination in the customs territory of the Union of the completion of the intra-EU transit procedure, via the electronic licensing system referred to in Article 28.
2023/07/07
Committee: INTA
Amendment 134 #

2022/0288(COD)

Proposal for a regulation
Article 13 – paragraph 3
3. In deciding whether to grant an import authorisation for external-transit under this Regulation, Member States shall take into account all relevant considerations including, where appropriate considerations of national foreign and security policy, including those covered by Common Position 2008/944/CFSP.deleted
2023/07/07
Committee: INTA
Amendment 135 #

2022/0288(COD)

Proposal for a regulation
Article 14 – paragraph 2
2. Competent authorities may only grant export authorisations for firearms of categories A and B of Annex I if the application for such authorisation is accompanied by an end-user certificate delivered by the authorities of the country of final destination. Annex IV establishes the content of the end-user certificate.deleted
2023/07/07
Committee: INTA
Amendment 138 #

2022/0288(COD)

Proposal for a regulation
Article 14 – paragraph 3
3. The Commission shall adopt an implementing act to establish an uniform end-user certificate. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 37(2).deleted
2023/07/07
Committee: INTA
Amendment 141 #

2022/0288(COD)

Proposal for a regulation
Article 15 – paragraph 1 a (new)
1a. Member States may decide that, if no objections to the transit are received within 20 working days from the day of the written request for no objection to the transit submitted by the exporter, the consulted third country of transit shall be regarded as having no objection to the transit
2023/07/07
Committee: INTA
Amendment 144 #

2022/0288(COD)

Proposal for a regulation
Article 15 – paragraph 3
3. With respect to deactivated firearms , the exporter shall supply the deactivation certificate referred to in Article 15 of Directive (EU) 2021/555 to the competent authorities of the Member States responsible for issuing the export authorisation.deleted
2023/07/07
Committee: INTA
Amendment 146 #

2022/0288(COD)

Proposal for a regulation
Article 15 – paragraph 4
4. Member States shall process applications for export authorisations within a period of time , which shall not exceed 6015 working days, from the date on which all required information has been provided to the competent authorities. Under exceptional circumstances and for duly justified reasons, that period may be extended by the competent authorities to 930 working days.
2023/07/07
Committee: INTA
Amendment 153 #

2022/0288(COD)

Proposal for a regulation
Article 16 – paragraph 3
3. Firearms, their essential components and ammunition shall be exported provided that they are marked in accordance with Article 4 of Directive (EU) 2021/555.deleted
2023/07/07
Committee: INTA
Amendment 154 #

2022/0288(COD)

Proposal for a regulation
Article 16 – paragraph 3
3. Firearms, their essential components and ammunition shall be exported provided that they are marked in accordance with Article 4 of Directive (EU) 2021/5558, paragraph 1, letter (a) of the United Nations Protocol.
2023/07/07
Committee: INTA
Amendment 157 #

2022/0288(COD)

Proposal for a regulation
Article 17 – paragraph 5
5. Notwithstanding Article 15, if no objections to the transit by third countries of transit are received within 20 working days from the day of the written request for no objection to the external transit submitted by the exporter, the consulted third country of external transit shall be regarded as having no objection to the transit.deleted
2023/07/07
Committee: INTA
Amendment 173 #

2022/0288(COD)

Proposal for a regulation
Article 22 – paragraph 1
1. Firearms, their essential components, and ammunition or alarm and signal weapons as listed in Annex I to this Regulation entering, leaving, or transiting through the customs territory of the Union shall be subject to the controls and measures laid down in this Chapter. The application of this Chapter shall not affect other provisions of this Regulation and other Union legislation governing the import or export of goods, in particular Articles 46, 47, 134 and 267 of Regulation (EU) No 952/2013. In accordance with Article 2(2) of Regulation (EU) No. 2019/1020, Articles 25 to 28 of that Regulation shall not apply to controls on firearms, their essential components and ammunition entering the Union market.
2023/07/07
Committee: INTA
Amendment 176 #

2022/0288(COD)

Proposal for a regulation
Article 22 – paragraph 5
5. Competent authorities shall be responsible for the overall enforcement of this Regulation with regard to the firearms, their essential components, ammunition and alarm and signal weap and ammunitions listed in Annex I entering, leaving, or transiting through the customs territory of the Union.
2023/07/07
Committee: INTA
Amendment 178 #

2022/0288(COD)

Proposal for a regulation
Article 22 – paragraph 6
6. Without prejudice to paragraph 5 of this Article, customs authorities shall carry out controls on the customs declaration lodged in relation to the firearms, their essential components, ammunition and alarm and signal weap and ammunitions listed in Annex I to this Regulation entering, leaving or transiting through the customs territory of the Union. Such controls shall be based primarily on risk analysis, as established in Article 46(2) of Regulation (EU) No 952/2013.
2023/07/07
Committee: INTA
Amendment 181 #

2022/0288(COD)

Proposal for a regulation
Article 23 – paragraph 2 – introductory part
2. The risk information, including risk analysis and control results, relevant for the enforcement of this Regulation and, in particular, in relation to suspicion of trafficking of firearms, their essential components, ammunition and alarm and signal weap and ammunitions shall be exchanged and processed between customs authorities and the Commission in accordance with: Between customs authorities in accordance with Article 46(5) of Regulation (EU) No 952/2013; and
2023/07/07
Committee: INTA
Amendment 185 #

2022/0288(COD)

Proposal for a regulation
Article 23 – paragraph 3
3. Where in relation to firearms, their essential components, ammunition and alarm and signal weap and ammunitions listed in Annex I that are either in temporary storage or placed under any customs procedure, customs authorities have reason to believe that those products are not compliant, they shall in addition to taking the necessary measures as described in Article 22 transmit all relevant information to the competent authorities.
2023/07/07
Committee: INTA
Amendment 193 #

2022/0288(COD)

Proposal for a regulation
Article 25 – paragraph 1 – subparagraph 1 – introductory part
Where customs authorities discovers an illicit shipment of firearms, their components, and ammunition or alarm and signal weapons, they shall without delay inform the competent authority in the country of the customs authority thereof. That competent authority shall:
2023/07/07
Committee: INTA
Amendment 195 #

2022/0288(COD)

Proposal for a regulation
Article 25 – paragraph 1 – subparagraph 1 – point b
(b) in case of intra-EU transit or external-transit, without delay inform the competent authority of dispatch in the customs territory of the Union of the illegal shipment of firearms, their components, and ammunition or alarm and signal weapons.
2023/07/07
Committee: INTA
Amendment 198 #

2022/0288(COD)

Proposal for a regulation
Article 25 – paragraph 1 – subparagraph 2
The customs authorities, which discovered the illicit shipment of firearms, their components and ammunition, shall seize the firearms, their essential components, and ammunition or alarm and signal weapons until the competent authority of destination in the customs territory of the Union has decided otherwise and has communicated that decision in writing to the competent authority in the country of the customs authority in which the illegal shipment of firearms, their components, and ammunition or alarm and signal weapons is detained.
2023/07/07
Committee: INTA
Amendment 200 #

2022/0288(COD)

Proposal for a regulation
Article 25 – paragraph 2
2. In case of suspicion of trafficking of firearms, their essential components, and ammunition or alarm and signal weapons, the information related to firearms, their essential components and ammunition seized during customs controls shall be shared by the customs authority with the competent authorities referred to in Article 34(2) of this Regulation through Europol’s Secure Information Exchange Network Application.
2023/07/07
Committee: INTA
Amendment 204 #

2022/0288(COD)

Proposal for a regulation
Article 25 – paragraph 3 – point c
(c) information about manufacture: including the reactivation of deactivated firearms, the conversion of alarm and signal weapons, hand-made firearms manufactured by additive manufacturing or any other information of interest, if already available;
2023/07/07
Committee: INTA
Amendment 210 #

2022/0288(COD)

Proposal for a regulation
Article 27 – paragraph 1 – point b
(b) the information on firearms, essential components, ammunition and alarm and signal weap and ammunitions seizures listed in Article 25(3).
2023/07/07
Committee: INTA
Amendment 214 #

2022/0288(COD)

Proposal for a regulation
Article 28 – paragraph 1 – subparagraph 2 – point a
(a) registration of economic operators and natural persons authorised, pursuant to Directive (EU) No 2021/555, to manufacture, acquire, possess or trade firearms, their essential components, and ammunition or alarm and signal weapons listed in Annex I to this Regulation before placing firearms, their essential components, and ammunition or alarm and signal weapons listed in Annex I to this Regulation under the customs procedure ‘import’ or ‘export’; inclusion of the Economic Operators Registration and Identification (EORI) number as assigned by the customs authority upon registration for customs purposes in accordance with Article 9 of Regulation (EU) No 952/2013, shall be included in their registration profile;
2023/07/07
Committee: INTA
Amendment 216 #

2022/0288(COD)

Proposal for a regulation
Article 28 – paragraph 1 – subparagraph 2 – point d
(d) allow the risk profiling by competent authorities, customs authorities and the Commission of economic operators, which are person authorised, pursuant to Directive (EU) No 2021/555, to manufacture, acquire, possess or trade firearms, their essential components or ammunition listed in Annex I to this Regulation and risk profiling of firearms, their essential components, ammunition and alarm and signal weap and ammunitions for the purpose of identifying high risk consignments according to the risk analysis in Article 25 of this Regulation;
2023/07/07
Committee: INTA
Amendment 218 #

2022/0288(COD)

Proposal for a regulation
Article 28 – paragraph 1 – subparagraph 2 – point f
(f) allow communication between competent authorities, economic operators and person authorised, pursuant to Directive (EU) No 2021/555, to manufacture, acquire, possess or trade firearms, their essential components, and ammunition or alarm and signal weapons listed in Annex I to this Regulation for the purposes of implementation of this Regulation.
2023/07/07
Committee: INTA
Amendment 223 #

2022/0288(COD)

Proposal for a regulation
Article 28 – paragraph 3
3. The Commission shall provide access to the electronic licensing system to customs authorities, competent authorities, economic operators and person authorised, pursuant to Directive (EU) No 2021/555, to manufacture, acquire, possess or trade firearms, their essential components, and ammunition or alarm and signal weapons listed in Annex I to the extend depending on their respective obligations under this Regulation.
2023/07/07
Committee: INTA
Amendment 239 #

2022/0288(COD)

Proposal for a regulation
Article 35 – paragraph 1 – point b
(b) setting out the technical characteristics of semi-finished firearms and essential components, in accordance with Article 9(3) to this Regulation;deleted
2023/07/07
Committee: INTA
Amendment 258 #

2022/0278(COD)

Proposal for a regulation
Recital 35
(35) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission as regards the possibility to adopt supportive measures for facilitating free movement of persons, for establishing a list of individual targets (quantities and deadlines) for those strategic reserves that the Member States should maintain, so that the objectives of the initiative are achieved. Furthermore, implementing powers should be conferred on the Commission as regards activating the vigilance mode and vigilance measures in order to carefully monitor the strategic supply chains and coordinate the building up of strategic reserves for goods and services of strategic importance. Moreover, implementing powers should be conferred on the Commission as regards activation of specific emergency response measures at the time of a Single Market emergency, to allow for a rapid and coordinated response. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.
2023/03/31
Committee: IMCO
Amendment 276 #

2022/0278(COD)

Proposal for a regulation
Article 1 – paragraph 1
1. This Regulation establishes a framework of measures to anticipate, prepare for and respond to impacts of crisesensure the proper functioning onf the Single Market, with the purpose of safeguarding the free movement of goods, services and persons and of ensuring the availability of goods and services of strategic importance and crisis-relevantternal market by setting out harmonised rules to ensure an effective response to crises and to facilitate the free movement of goods and, services in the Single Marketand persons.
2023/03/31
Committee: IMCO
Amendment 281 #

2022/0278(COD)

Proposal for a regulation
Article 1 – paragraph 2
2. The measures referred to in paragraph 1 include: (a) Commission on the appropriate measures for anticipating, preventing or responding to the impact of a crisis on the Single Market; (b) measures for obtaining, sharing and exchanging the relevant information; (c) contingency measures aiming at anticipation and planning; (d) measures for addressing Single Market impacts of significant incidents that have not yet resulted in a Single Market emergency (Single Market vigilance), including a set of vigilance measures and (e) measures for addressing Single Market emergencies, including a set of emergency response measures.deleted an advisory group to advise the
2023/03/31
Committee: IMCO
Amendment 293 #

2022/0278(COD)

Proposal for a regulation
Article 1 – paragraph 3
3. Member States shall regularly exchange information on all matters falling within the scope of this Regulation among themselves and with the Commission.deleted
2023/03/31
Committee: IMCO
Amendment 299 #

2022/0278(COD)

Proposal for a regulation
Article 1 – paragraph 4
4. The Commission may obtain any relevant specialised and/or scientific knowledge, which is necessary for the application of this Regulation.deleted
2023/03/31
Committee: IMCO
Amendment 310 #

2022/0278(COD)

Proposal for a regulation
Article 2 – paragraph 5 a (new)
5 a. This Regulation is without predjudice to the European Union rules on Intellectual property rights.
2023/03/31
Committee: IMCO
Amendment 311 #

2022/0278(COD)

Proposal for a regulation
Article 2 – paragraph 6
6. This Regulation is without prejudice to the Commission: (a) cooperation, on behalf of the Union, with relevant third countries, with particular attention paid to developing countries, with a view to seeking cooperative solutions to avoid supply chain disruptions, in compliance with international obligations. This may involve, where appropriate, coordination in relevant international fora; or (b) to impose restrictions to exports of goods in line with the international rights and obligations of the Union under Regulation (EU) 2015/479 of the European Parliament and of the Council48 . __________________ 48 OJ L 83, 27.3.2015, p. 34.deleted entering into consultations or assessing whether it is appropriate
2023/03/31
Committee: IMCO
Amendment 324 #

2022/0278(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 1
(1) ‘crisis’ means an exceptional unexpected and sudden, natural or man- made event of extraordinary nature and scale that takes place inside or outside of the Union which has a severe impact on the free movement of persons, goods and services;
2023/03/31
Committee: IMCO
Amendment 349 #

2022/0278(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 7
(7) ‘strategic reserves’ means a stock of goods of strategic importance under the control of a Member State for which building a reserve may be necessary to prepare for a Single Market emergency, under the control of a Member State.
2023/03/31
Committee: IMCO
Amendment 367 #

2022/0278(COD)

Proposal for a regulation
Article 4 – paragraph 3
3. The Commission shall chair the advisory group and ensure its secretariat. The Commission may invite a representative of the European Parliament,, in accordance with the advisory group, may invite representatives of EFTA States that are contracting parties to the Agreement on the European Economic Area49 , representatives of economic operators, stakeholder organisations, social partners and experts, to attend meetings of the advisory group as observers. It shall invite the representatives of other crisis- relevant bodies at Union level as observers to the relevant meetings of the advisory group. __________________ 49 OJ L 1, 3.1.1994, p. 3.
2023/03/31
Committee: IMCO
Amendment 400 #

2022/0278(COD)

Proposal for a regulation
Article 4 – paragraph 5 – point f a (new)
(fa) establishing whether the criteria for the activation or deactivation of the vigilance mode have been fullfilled.
2023/03/31
Committee: IMCO
Amendment 414 #

2022/0278(COD)

Proposal for a regulation
Article 4 – paragraph 6 – point e
(e) facilitating exchanges and sharing of information, including with other crisis- relevant bodies at Union level, as well as, as appropriate, third countries, with particular attention paid to developing countries, and intwith economic opernational organisationors.
2023/03/31
Committee: IMCO
Amendment 424 #

2022/0278(COD)

Proposal for a regulation
Article 4 – paragraph 9
9. The advisory group may adopt opinions, recommendations or reports in the context of its tasks set out in paragraphs 4 to 6. These opinions, recommendations and reports are binding on the EU Commission.
2023/03/31
Committee: IMCO
Amendment 433 #

2022/0278(COD)

Proposal for a regulation
Article 5 – paragraph 2
2. The Commission shall designate a Union level central liaison office for contacts with the central liaison offices of the Member States during the Single Market vigilance and emergency modes under this Regulation. The Union level central liaison office shall ensure the coordination and information exchange with the central liaison offices of the Member States for the management of the Single Market vigilance and emergency modes. The central liaison offices of the Member States shall guarantee the transfer of information to stakeholders in the Emergency mode referred to in Part IV of the Regulation.
2023/03/31
Committee: IMCO
Amendment 437 #

2022/0278(COD)

Proposal for a regulation
Article 6 – paragraph 1 – introductory part
1. The Commission taking into consideration the opinion of the advisory group, including economic operators and the input of relevant Union level bodies, is empowered after consulting the Member States, to adopt a delegated act to supplement this Regulation with a framework setting out crisis protocols regarding crisis cooperation, exchange of information and crisis communication for the Single Market vigilance and emergency modes, in particular:
2023/03/31
Committee: IMCO
Amendment 460 #

2022/0278(COD)

Proposal for a regulation
Article 7 – paragraph 1
The Commission shall organise the training on crisis coordination, cooperation and information exchange referred to in Article 6 for the staff of the designated central liaison offices. It shall organise simulations involving the staff of the central liaison offices from all Member States based on potential scenarios of Single Market emergencies, with the involvment of economic operators potentially involved in the various crisis scenarios.
2023/03/31
Committee: IMCO
Amendment 468 #

2022/0278(COD)

Proposal for a regulation
Article 8 – paragraph 2
2. The central liaison offices and any relevant national competent authorities shall, in accordance with Union law and national legislation that complies with Union law, treat the information referred to in paragraph 1 in a way that respects its confidentiality, protects the security and public order of the European Union or its Member States, and protects the security and commercial interests of the economic operators concerned, adopting all technological, digital and contractual instruments necessary to guarantee the secrecy of information. In the event of disclosure of secret information, economic operators shall have the right to take legal proceedings for compensation of damages.
2023/03/31
Committee: IMCO
Amendment 494 #

2022/0278(COD)

Proposal for a regulation
Article 9 – paragraph 1 – introductory part
1. Where the Commission, taking intoin due consideration of the opinion provided by the advisory group, considers that the threat referred to in Article 3(2) is present, it shall activate the vigilance mode for a maximum duration of six months by means of an implementing act. Such an implementing act shall contain the following:
2023/03/31
Committee: IMCO
Amendment 515 #

2022/0278(COD)

Proposal for a regulation
Article 10 – paragraph 1
1. The Commission, if it considers that the reasons for activating the vigilance mode pursuant to Article 9(1) remain valid, and taking intoin due consideration of the opinion provided by the advisory group, may extend the vigilance mode for a maximum duration of six months by means of an implementing act.
2023/03/31
Committee: IMCO
Amendment 533 #

2022/0278(COD)

Proposal for a regulation
Article 11 – paragraph 2
2. The Commission shall provide for standardised and secure means for the collection and processing of information for the purpose of paragraph 1, using electronic means. Before providing the standardised means for information, the Commission shall carry out a consultation with the advisory group and the economic operators with a view to identifying the appropriate and proportionate content of the information, the reasonable deadline to provide them and to evaluate how to better protect sensitive information. Without prejudice to national legislation requiring collected information including business secrets to be kept confidential, confidentiality with regard to the commercially sensitive informationand information affecting the security and public order of the Union or its Member States shall be ensured.
2023/03/31
Committee: IMCO
Amendment 549 #

2022/0278(COD)

Proposal for a regulation
Article 11 – paragraph 6
6. The Commission mayshall ask the advisory group to discuss the findings and prospects of evolution based on the monitoring of supply chains of goods and services of strategic importance.
2023/03/31
Committee: IMCO
Amendment 555 #

2022/0278(COD)

Proposal for a regulation
Article 11 – paragraph 7
7. On the basis of the information collected through the activities carried out in accordance with paragraph 1, the Commission mayshall provide a report of the aggregated findings.
2023/03/31
Committee: IMCO
Amendment 562 #

2022/0278(COD)

Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1
The Commission may, among the goods of strategic importance listed in an implementing act adopted pursuant to Article 9(1),, in due consideration of the opinion of the advisory group, identify those for which it may be necessary to build a reserve in order to prepare for a Single Market emergency, taking into account the probability and impact of shortages. The Commission shall inform the Member States thereof.
2023/03/31
Committee: IMCO
Amendment 566 #

2022/0278(COD)

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – introductory part
The Commission may require, by means of implementing acts, that the Member States provide information on the goods listed in an implementing act adopted pursuant to Article 9(1), as regards all of the following:
2023/03/31
Committee: IMCO
Amendment 567 #

2022/0278(COD)

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point b
(b) any potential for further purchase;deleted
2023/03/31
Committee: IMCO
Amendment 568 #

2022/0278(COD)

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 2
The implementing actrequests for information shall specify the goods for which information is to be given.
2023/03/31
Committee: IMCO
Amendment 569 #

2022/0278(COD)

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 3
Member States shall report to the Commission the levels of strategic reserves of goods of strategic importance held by them, and the levels of other stocks of such goods held on their territory.deleted
2023/03/31
Committee: IMCO
Amendment 573 #

2022/0278(COD)

Proposal for a regulation
Article 12 – paragraph 4
4. Where the building of strategic reserves of goods of strategic importance identified pursuant to paragraph 1 can be rendered more effective by streamlining among Member States, the Commission may draw up and regularly update, by means of implementing acts, a list of individual targets regarding the quantities and the deadlines for those strategic reserves that the Member States should maintain. When setting the individual targets for each Member State, the Commission shall take into account: (a) shortages referred in paragraph 1; (b) economic operators and strategic reserves across the Union, and any information on economic operators’ ongoing activities to increase their stocks; (c) maintaining such strategic reserves.deleted the probability and impact of the level of existing stocks of the the costs for building and
2023/03/31
Committee: IMCO
Amendment 575 #

2022/0278(COD)

Proposal for a regulation
Article 12 – paragraph 5
5. The Member States shall regularly inform the Commission about the current state of their strategic reserves. Where a Member State has reached the individual targets referred to in paragraph 4, it shall inform the Commission if it has at its disposal any stocks of the goods in question in excess of their target. The Member States whose reserves have not reached the individual targets shall explain to the Commission the reasons for this situation. The Commission shall facilitate cooperation between the Member States which have already reached their targets and the other Member States.deleted
2023/03/31
Committee: IMCO
Amendment 576 #

2022/0278(COD)

Proposal for a regulation
Article 12 – paragraph 6 – subparagraph 1
Where the strategic reserves of a Member State continuously fall significantly short of the individual targets referred to in paragraph 4 and economic operators on its territory are not able to compensate that shortfall, the Commission may, at its own initiative or at the request of 14 Member States, assess the need to take further measures to build up strategic reserves of goods of strategic importance identified pursuant to paragraph 1.deleted
2023/03/31
Committee: IMCO
Amendment 578 #

2022/0278(COD)

Proposal for a regulation
Article 12 – paragraph 8
8. The implementing acts referred to in this Article shall be adopted in accordance with the examination procedure referred to in Article 42(2).deleted
2023/03/31
Committee: IMCO
Amendment 622 #

2022/0278(COD)

Proposal for a regulation
Article 14 – paragraph 2
2. Where the Commission, taking into due consideration the opinion provided by the advisory group, considers there is a Single Market emergency, it shall propose to the Council to activate the Single Market emergency mode.
2023/03/31
Committee: IMCO
Amendment 631 #

2022/0278(COD)

Proposal for a regulation
Article 14 – paragraph 5
5. As soon as the Single Market emergency mode is activated, the Commission shall, without delay, adopt a list of crisis-relevant goods and services by means of an implementing act. The list may be amended by means of implementing acts.deleted
2023/03/31
Committee: IMCO
Amendment 639 #

2022/0278(COD)

Proposal for a regulation
Article 14 – paragraph 6
6. The Commission implementing act referred to in paragraph 5 shall be adopted in accordance with the examination procedure referred to in Article 42(2). On duly justified imperative grounds of urgency relating to the impacts of the crisis on the Single Market, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 42(3).deleted
2023/03/31
Committee: IMCO
Amendment 642 #

2022/0278(COD)

Proposal for a regulation
Article 15 – paragraph 1
1. Where the Commission considers, taking into due consideration the opinion provided by the advisory group, that an extension of the Single Market emergency mode is necessary, it shall propose to the Council to extend the Single Market emergency mode. Subject to urgent and exceptional changes in circumstances, the Commission shall endeavour to do so no later than 30 days before the expiry of the period for which the Single Market emergency mode has been activated. The Council may extend the Single Market emergency mode by no more than six months at a time by means of an implementing act.
2023/03/31
Committee: IMCO
Amendment 650 #

2022/0278(COD)

Proposal for a regulation
Article 15 – paragraph 2
2. Where the advisory group has concrete and reliable evidence that the Single Market emergency should be deactivated, it may formulate an opinion to that effect and transmit it to the Commission. Where the Commission, taking into due consideration the opinion provided by the advisory group, considers a Single Market emergency no longer exists, it shall propose to the Council without delay the deactivation of the Single Market emergency mode.
2023/03/31
Committee: IMCO
Amendment 662 #

2022/0278(COD)

Proposal for a regulation
Article 16 – paragraph 1
1. When adopting and applying national measures in response to a Single Market emergency and the underlying crisis, Member States shall ensure that their actions fully comply with the Treaty and Union law and, in particular, with the requirements laid down in this ArticleRestrictions on free movement of people, goods and services should only be adopted in absence of possible alternative measures and shall fully comply with the Treaty and Union law.
2023/03/31
Committee: IMCO
Amendment 668 #

2022/0278(COD)

Proposal for a regulation
Article 16 – paragraph 2
2. Any restriction shall be limited in time and immediately removed as soon as the situation allows it. Additionally, any restriction should take into due account the situation of border regions.
2023/03/31
Committee: IMCO
Amendment 676 #

2022/0278(COD)

Proposal for a regulation
Article 16 – paragraph 4
4. Member States shall inform citizens, consumers, businesses, workers and their representatives about measures that affect their free movement rights in a clear and unambiguous manner and shall be easily accessible.
2023/03/31
Committee: IMCO
Amendment 680 #

2022/0278(COD)

Proposal for a regulation
Article 16 – paragraph 5
5. Member States shall ensure that all affected stakeholders are informed of measures restricting free movement of goods, services and persons, including workers and service providers, before their entry into force. Member States shall ensure a continuous dialogue with stakeholders before and while adopting any potential restriction, including communication with social partners and international partners.
2023/03/31
Committee: IMCO
Amendment 705 #

2022/0278(COD)

Proposal for a regulation
Article 17 – paragraph 2 – introductory part
2. During the Single Market emergency mode and when responding to the Single Market emergency, Member States shall refrain from any of the following, unless to do so is inherent to the nature of the crisis:
2023/03/31
Committee: IMCO
Amendment 708 #

2022/0278(COD)

Proposal for a regulation
Article 17 – paragraph 3 – introductory part
3. During the Single Market emergency mode and when responding to a Single Market emergency, Member States shall refrain from any of the following unless to do so is inherent to the nature of the crisis/Single Market emergency:
2023/03/31
Committee: IMCO
Amendment 710 #

2022/0278(COD)

Proposal for a regulation
Article 17 – paragraph 4 – point a
(a) applying of more generous rules to travel to or from one Member State to or from another Member State or group of Member States, as compared to travel to and from other Member States unless to do so is inherent to the nature of the crisis/Single Market emergency;deleted
2023/03/31
Committee: IMCO
Amendment 765 #

2022/0278(COD)

Proposal for a regulation
Article 19 – paragraph 16 a (new)
16 a. The Commission shall publish the measures adopted by the Member States in the context of the internal market emergency that restrict free movement of goods, services and persons, including workers, which have been notified. Those measures shall be published within one working day of their receipt via an electronic platform managed by the Commission. Information shall be clear and easily accessible, in particualr for people affected by disabilities.
2023/03/31
Committee: IMCO
Amendment 770 #

2022/0278(COD)

Proposal for a regulation
Article 21 – paragraph 2
2. Member States shall ensure that it is possible for citizens, consumers, economic operators and workers and their representatives to receive, at their request and via the respective single points of contact, information from the competent authorities on the way in which the respective national crisis response measures are generally interpreted and applied. Where appropriate, such information shall include a step-by-step guide. The information shall be provided in clear, understandable and intelligible language. It shall be easily accessible at a distance and by electronic means and shall be kept up to date. Member States shall make best efforts to provide the information in all official languages of the Union, paying particular attention to the situation and needs of the border regions.
2023/03/31
Committee: IMCO
Amendment 792 #

2022/0278(COD)

Proposal for a regulation
Article 24 – paragraph 1
1. Where there is a severe crisis- related shortages or an immediate threat thereof, the Commission may invite representative organisations or economic operators in crisis-relevant supply chains to transmit on a voluntary basis, within a setreasonable time limit, specific information to the Commission on in accordance withe production capacities and possible existing stocks of crisis- relevant goods and components thereof in Union production facilities and third country facilities which it operates, caragraph 3. The information request contains a notice indicating that Single Points of Contracts or purchases supply from, as well as information on any relevant supply chain disruptions within a given deadlineperated by the Member States pursuant to Article 21 can provide support, especially to SMEs, in completing the request.
2023/03/31
Committee: IMCO
Amendment 809 #

2022/0278(COD)

Proposal for a regulation
Article 24 – paragraph 4
4. Following the activation of the mandatory information requests to economic operators by means of an implementing act, the Commission shall address a formal decision to each of those representative organisations or economic operators in crisis-relevant supply chains that have been identified in the implementing act, requesting them to provide the information specified in the implementing act. The Commission shall rely, where possible, on the relevant and available contact lists of the economic operators active in the selected supply chains of crisis-relevant goods and services, compiled by the Member States. The Commission may obtain the necessary information on the relevant economic operators from the Member States.
2023/03/31
Committee: IMCO
Amendment 814 #

2022/0278(COD)

Proposal for a regulation
Article 24 – paragraph 5
5. The Commission Decisions containing individual information requests shall contain a reference to the implementing act referred to in paragraph 2 on which they are based and to the situations of severe crisis-related shortages or an immediate threat thereof which has given rise to them. Any information request shall be duly justified and proportionate in terms of the volume, nature and granularity of the data, as well as the frequency of access to the data requested, and shall be necessary for the management of the emergency or for compiling relevant official statistics. A request shall set out a reasonable time limit within which the information is to be provided. It shall take into account the effort required to collect and make the data available by the economic operator or representative organisation. The formal decision shall also contain safeguards for protection of data in accordance with Article 39 of this Regulation, safeguards for non-disclosure of sensitive business information contained in the reply in accordance with Article 25, and information on the possibility of contesting it before the Court of Justice of the European Union in line with relevant Union law and the fines provided for in Article 28 for failure to comply and the timeline for a reply.
2023/03/31
Committee: IMCO
Amendment 818 #

2022/0278(COD)

Proposal for a regulation
Article 24 – paragraph 6
6. The owners of the economic operators or their representatives and, in the case of legal persons, companies or firms, or associations having no legal personality, the persons authorised to represent them by law or by their constitution may supply the information requested on behalf of the economic operator or the association of economic operators concerned. Each economic operator or association of economic operators shall provide the requested information on an individual basis in line with the Union rules on competition governing the exchange of information. Lawyers duly authorised to act may supply the information on behalf of their clients. The latter shall remain fully responsible if the information supplied is incomplete, incorrect or misleading.
2023/03/31
Committee: IMCO
Amendment 826 #

2022/0278(COD)

Proposal for a regulation
Article 25 – paragraph 2
2. Member States and the Commission shall ensure the protection of trade and business secrets, intellectual property and other sensitive and confidential information acquired and generated in application of this Regulation, including recommendations and measures to be taken, in accordance with Union and the respective national law. In the event of an involuntary disclosure of data, the economic operator shall have the right to take legal proceedings for compensation of damages.
2023/03/31
Committee: IMCO
Amendment 829 #

2022/0278(COD)

Proposal for a regulation
Article 25 – paragraph 4
4. The Commission mayshall present to the advisory group referred to in Article 4 aggregate information based on any information collected pursuant to Article 24.
2023/03/31
Committee: IMCO
Amendment 830 #

2022/0278(COD)

Proposal for a regulation
Article 26
Targeted amendments to harmonised When the Single Market emergency mode has been activated by means of a Council implementing act adopted pursuant to Article 14, and there is a shortage of crisis relevant goods the Commission may activate by means of implementing acts the emergency procedures included in the Union legal frameworks amended by [Regulation of the European Parliament and of the Council amending Regulation (EU) 2016/424, Regulation (EU) 2016/425, Regulation (EU) 2016/426, Regulation (EU) 2019/1009 and Regulation (EU) No 305/2011 and introducing emergency procedures for the conformity assessment, adoption of common specifications and market surveillance in the context of a Single Market emergency and Directive of the European Parliament and of the Council amending Directives 2000/14/EC, 2006/42/EC, 2010/35/EU, 2013/29/EU, 2014/28/EU, 2014/29/EU, 2014/30/EU, 2014/31/EU, 2014/32/EU, 2014/33/EU, 2014/34/EU, 2014/35/EU, 2014/53/EU, and2014/68/EU and introducingas regard emergency procedures for the conformity assessment, adoption of common specifications and market surveillance in the context ofdue to a Single Market] as regards crisis-relevant goods, indicating which crisis-relevant goods and emergency procedures are subject to the activation, providing reasons for such activation and its proportionality, and indicating the duration of such activation . Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 42(2). On duly justified imperative grounds of urgency relating to the impacts of the crisis on the Single Market, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 42(3).Article 26 deleted product legislation
2023/03/31
Committee: IMCO
Amendment 845 #

2022/0278(COD)

Proposal for a regulation
Article 27 – paragraph 2
2. If an economic operator does not accept and prioritise priority rated orders, the Commission may, following a positive opinion of the advisory group reached unanimously, at its own initiative or at the request of 14 Member States, assess the necessity and proportionality of resorting to priority rated orders in such cases, the Commission shall give the economic operator concerned as well as any parties demonstrably affected by the potential priority rated order, the opportunity to state their position within a reasonable time limit set by the Commission in light of the circumstances of the case. In exceptional circumstances, following such an assessment, the Commission may, following a positive opinion of the advisory group reached unanimously, address an implementing act to the economic operator concerned, requiring it to either accept and prioritise the priority rated orders specified in the implementing act or explain why it is not possible or appropriate for that operator to do so. The Commission’s decision shall be based on objective data showing that such prioritisation is indispensable to ensure the maintenance of vital societal economic activities in the Single Market
2023/03/31
Committee: IMCO
Amendment 850 #

2022/0278(COD)

Proposal for a regulation
Article 27 – paragraph 4 – subparagraph 1
Where the economic operator to which the decision referred to in paragraph 2 is addressed declines to accept the requirement to accept and prioritise the orders specified in the decision, it shall provide to the Commission, within 10 days from the notification of the decision, a reasoned explanation setting out duly justified reasons why it is not possible or appropriate, in light of the objectives of this provision, for it to comply with the requirement. Such reasons include the inability of the operator to perform the priority rated order on account of insufficient production capacity or a serious risk that accepting the order would entail particular hardship or economic burden for the operator, particularly taking into account the prices and quantities specified by the Commission or other considerations of comparable gravity.
2023/03/31
Committee: IMCO
Amendment 853 #

2022/0278(COD)

Proposal for a regulation
Article 27 – paragraph 4 – subparagraph 2
The Commission may make such reasoned explanation or parts of it public, with due regard to business confidentiality.deleted
2023/03/31
Committee: IMCO
Amendment 856 #

2022/0278(COD)

Proposal for a regulation
Article 27 – paragraph 6
6. The Commission shall take the decision referred to in paragraph 2 in accordance with applicable Union law, including the principles of necessity and proportionality, and the Union’s obligations under international law. The decision shall in particular take into account the legitimate interests of the economic operator concerned and any available information concerning the cost and effort required for any change in production sequence. It shall state the legal basis for its adoption, fix the time limits within which the priority rated order is to be performed and, where applicable, specify the product and quantity. It shall state the fines provided for in Article 28 for failure to comply with the decision. The priority rated order shall be placed at a fair and reasonable priceThe priority rated order shall be placed at a fair and reasonable price, which shall include, where relevant, an appropriate compensation for all additional costs incurred by the economic operator.
2023/03/31
Committee: IMCO
Amendment 857 #

2022/0278(COD)

Proposal for a regulation
Article 27 – paragraph 8
8. The implementing acts referred to in paragraph 2 shall be adopted in accordance with the examination procedure referred to in Article 42(2). On duly justified imperative grounds of urgency relating to the impacts of the crisis on the Single Market, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 42(3).
2023/03/31
Committee: IMCO
Amendment 859 #

2022/0278(COD)

Proposal for a regulation
Article 28
Fines to operators for failure to comply with the obligation to reply to mandatory information requests or to comply with 1. a decision, where deemed necessary and proportionate, impose fines: (a) organisation of economic operators or an economic operator, intentionally or through gross negligence, supplies incorrect, incomplete or misleading information in response to a request made pursuant to Article 24, or does not supply the information within the prescribed time limit; (b) intentionally or through gross negligence, does not comply with the obligation to inform the Commission of a third country obligation pursuant to Article 27 or fails to explain why it has not accepted a priority rated order; (c) intentionally or through gross negligence, does not comply with an obligation which it has accepted to prioritise certain orders of crisis-relevant goods (‘priority rated order’) pursuant to Article 27 2. referred to in paragraph 1 (a) and (b) shall not exceed 200 000 EUR. 3. referred to in paragraph 1 (c) shall not exceed 1 % of the average daily turnover in the preceding business year for each working day of non-compliance with the obligation pursuant to Article 27 (priority rated orders) calculated from the date established in the decision not exceeding 1% of total turnover in the preceding business year. 4. In fixing the amount of the fine, regard shall be had to the size and economic resources of the economic operator concerned, to the nature, gravity and duration of the infringement, taking due account of the principles of proportionality and appropriateness. 5. European Union shall have unlimited jurisdiction to review decisions whereby the Commission has fixed a fine. It may cancel, reduce or increase the fine imposed.Article 28 deleted priority rated orders The Commission may, by means of where a representative where an economic operator, where an economic operator, Fines imposed in the cases Fines imposed in the cases The Court of Justice of the
2023/03/31
Committee: IMCO
Amendment 877 #

2022/0278(COD)

Proposal for a regulation
Article 29
Limitation period for the imposition of 1. fines in accordance with Article 30 shall be subject to the following limitation periods: (a) infringements of provisions concerning requests of information pursuant to Article 24; (b) infringements of provisions concerning the obligation to prioritise the production of crisis-relevant goods pursuant to Article 26(2). 2. day on which the Commission becomes aware of the infringement. However, in case of continuous or repeated infringements, time shall begin to run on the day on which the infringement ceases 3. Commission or the competent authorities of the Member States for the purposes of ensuring compliance with the provisions of this Regulation shall interrupt the limitation period. 4. period shall apply for all the parties which are held responsible for the participation in the infringement. 5. time running afresh. However, the limitation period shall expire at the latest on the day in which a period equal to twice the limitation period has elapsed without the Commission having imposed a fine. That period shall be extended by the time during which the limitation period is suspended because the decision of the Commission is the subject of proceedings pending before the Court of Justice of the European Union.Article 29 deleted fines The Commission power to impose two years in the case of three years in the case The time shall begin to run on the Any action taken by the The interruption of the limitation Each interruption shall start the
2023/03/31
Committee: IMCO
Amendment 882 #

2022/0278(COD)

Proposal for a regulation
Article 30
Limitation periods for enforcement of 1. enforce decisions taken pursuant to Article 28 shall be subject to a limitation period of five years. 2. Time shall begin to run on the day on which the decision becomes final. 3. The limitation period for the enforcement of fines shall be interrupted: (a) by notification of a decision varying the original amount of the fine or refusing an application for variation; (b) or of a Member State, acting at the request of the Commission, designed to enforce payment of the fine. 4. Each interruption shall start time running afresh. 5. enforcement of fines shall be suspended for so long as: (a) (b) enforcement of payment is suspended pursuant to a decision of the Court of Justice of the European Union.Article 30 deleted fines The power of the Commission to by any action of the Commission The limitation period for the time to pay is allowed;
2023/03/31
Committee: IMCO
Amendment 886 #

2022/0278(COD)

Proposal for a regulation
Article 31
Right to be heard for the imposition of 1. pursuant to Article 28, the Commission shall give the economic operator or representative organisations of economic operators concerned the opportunity of being heard on: (a) Commission, including any matter to which the Commission has taken objections; (b) may intend to take in view of the preliminary findings pursuant to point (a) of this paragraph. 2. organisations of economic operators concerned may submit their observations to the Commission’s preliminary findings within a time limit which shall be fixed by the Commission in its preliminary findings and which may not be less than 21 days. 3. decisions only on objections on which economic operators and representative organisations of economic operators concerned have been able to comment. 4. economic operator or representative organisations of economic operators concerned shall be fully respected in any proceedings. The economic operator or representative organisations of economic operators concerned shall be entitled to have access to the Commission's file under the terms of a negotiated disclosure, subject to the legitimate interest of economic operators in the protection of their business secrets. The right of access to the file shall not extend to confidential information and internal documents of the Commission or the authorities of the Member States. In particular, the right of access shall not extend to correspondence between the Commission and the authorities of the Member States. Nothing in this paragraph shall prevent the Commission from disclosing and using information necessary to prove an infringement.Article 31 deleted fines Before adopting a decision preliminary findings of the measures that the Commission Undertakings and representative The Commission shall base its The rights of defence of the
2023/03/31
Committee: IMCO
Amendment 895 #

2022/0278(COD)

Proposal for a regulation
Article 33
Measures to ensure the availability and supply of crisis-relevant goods and services 1. considers that there is a risk of a shortage of crisis-relevant goods, recommend that Member States implement specific measures to ensure the efficient re- organisation of supply chains and production lines and to use existing stocks to increase the availability and supply of crisis-relevant goods and services, as quickly as possible. 2. In particular, the measures referred to in paragraph 1 may include measures: (a) repurposing of existing or the establishment of new production capacities for crisis-relevant goods; (b) existing or the establishment of new capacities related to service activities; (c) of crisis-relevant goods.Article 33 deleted The Commission may, when it facilitating the expansion or facilitating the expansion of aiming at accelerating permitting
2023/03/31
Committee: IMCO
Amendment 925 #

2022/0278(COD)

Proposal for a regulation
Article 35 – paragraph 3
3. Representatives of the Commission or experts nominated by the Commission may carry out on-site visits at the locations of production facilities of relevant goods of strategic importance or crisis-relevant goods.deleted
2023/03/31
Committee: IMCO
Amendment 178 #

2022/0277(COD)

Proposal for a regulation
Recital 9
(9) The definition of audience measurement should cover measurement systems developed as agreed by industry standards within self-regulatory organisations, like the Joint Industry Committees, and measurement systems developed outside such self-regulatory approaches. The latter tend to be deployed by certain online players who self-measure or provide their proprietary audience measurement systems to the market, which do not necessarily abide by the commonly agreed industry standards. Given the significant impact that such audience measurement systems have on the advertising and media markets, they should be covered by this Regulation. Media service providers that abide by commonly agreed industry standards shall not be considered as providers of proprietary audience measurement systems.
2023/04/13
Committee: IMCO
Amendment 179 #

2022/0277(COD)

Proposal for a regulation
Recital 9 a (new)
(9a) Online platforms’ capacity to offer content without exercising editorial responsibility over it and to market the ability to target users with advertising allows them to act as direct competitors to media service providers whose content they intermediate and distribute. The audience measurement definition should therefore also take into account content consumed both by users of media services and users of online platforms. This will ensure that all intermediaries involved in content distribution are transparent about their audience measurement methodologies so as to enable advertisers to make informed choices that drive competition.
2023/04/13
Committee: IMCO
Amendment 187 #

2022/0277(COD)

Proposal for a regulation
Recital 18
(18) Public service media established by the Member States play a particular role in the internal media market, by ensuring that citizens and businesses have access to varied offers including quality information, balanced and impartial media coverage, as part of their mission. However, public service media can be particularly exposed to the risk of interference, given their institutional proximity to the State and the public funding they receive. This risk may be exacerbated by uneven safeguards related to independent governance and balanced coverage by public service media across the Union. This situation may lead to biased or partial media coverage, distort competition in the internal media market and negatively affect access to independent and impartial media services. It is thus necessary, building on the international standards developed by the Council of Europe in this regard, to put in place legal safeguards for the independent functioning of public service media across the Union. It is also necessary to guarantee that, without prejudice to the application of the Union’s State aid rules, public service media providers benefit from sufficient and stable funding to fulfil their mission that enables predictability in their planning. Preferably, such funding should be decided and appropriated on a multi-year basis, in line with the public service mission of public service media providers, to avoid potential for undue influence from yearly budget negotiations. The requirements laid down in this Regulation do not affect the competence of Member States to provide for the funding of public service media as enshrined in Protocol 29 on the system of public broadcasting in the Member States, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union.
2023/04/13
Committee: IMCO
Amendment 191 #

2022/0277(COD)

Proposal for a regulation
Recital 20
(20) Media integrity also requires a proactive approach to promote editorial independence by news media companies, in particular through internal safeguards. Media service providers should adopt proportionate measures to guarantee, once the overall editorial line has been agreed between their owners and editors, the freedom of the editors to take individual decisions in the course of their professional activity. The objective to shield editors from undue interference in their decisions taken on specific pieces of content as part of their everyday work contributes to ensuring a level playing field in the internal market for media services and the quality of such services. That objective is also in conformity with the fundamental right to receive and impart information under Article 11 of the Charter. In view of these considerations, media service providers should also ensure transparency of actual or potential conflicts of interest to their service recipients. This is without prejudice to existing legal and self- regulatory frameworks of Member States that govern liability rules applicable to the editorial content of media services.
2023/04/13
Committee: IMCO
Amendment 197 #

2022/0277(COD)

Proposal for a regulation
Recital 22 a (new)
(22a) Directive 2010/13/EU and this Regulation are different legislative instruments, inasmuch they have different scopes, the tasks, conferred by them should be treated separately in order to avoid overlap in their implementation.
2023/04/13
Committee: IMCO
Amendment 200 #

2022/0277(COD)

Proposal for a regulation
Recital 23
(23) The Board should bring together senior representatives of the national regulatory authorities or bodies referred to in Article 30 of Directive 2010/13/EU, appointed by such authorities or bodies. In cases where Member States have several relevant regulatory authorities or bodies, including at regional level, a joint representative should be chosen through appropriate procedures and the voting right should remain limited to one representative per Member State. This should not affect the possibility for the other national regulatory authorities or bodies to participate, as appropriate, in the meetings of the Board. The Board should also have the possibility to invite to attend its meetings, in agreement with the Commission, experts and observers, including in particular regulatory authorities or bodies from candidate countries, potential candidate countries, EEA countries, or ad hoc delegates from other competent national authorities. Due to the sensitivity of the media sector and following the practice of ERGA decisions in accordance with its rules of procedure, the Board should adopt its decisions on the basis of a two-thirds majority of the votes.
2023/04/13
Committee: IMCO
Amendment 207 #

2022/0277(COD)

Proposal for a regulation
Recital 24
(24) Without prejudice to the powers granted to the Commission by the Treaties, it is essential that the Commission and the Board work and cooperate closely. In particular, the Board should actively support the Commission in its tasks of ensuring the consistent application of this Regulation and of the national rules implementing Directive 2010/13/EU. For that purpose, the Board should in particular advise and assist the Commission on regulatory, technical or practical aspects pertinent to the application of Union law, promote cooperation and the effective exchange of information, experience and best practices and draw up opinions in agreement with the Commission or upon its request in the cases envisaged by this Regulation. In order to effectively fulfil its tasks, the Board should be able to rely on the expertise and human resources of a secretariat provided by the Commission. The Commission secretariat should provide administrative and organisational support to the Board, and help the Board in carrying out its tasks.
2023/04/13
Committee: IMCO
Amendment 213 #

2022/0277(COD)

Proposal for a regulation
Recital 28
(28) Ensuring a consistent regulatory practice regarding this Regulation and Directive 2010/13/EU is essential. For this purpose, and to contribute to ensuring a convergent implementation of EU media law, the Commission may issue guidelines on matters covered by both this Regulation and Directive 2010/13/EU when needed. When deciding to issue guidelines, the Commission should consider in particular regulatory issues affecting a significant number of Member States or those with a cross-border element. This is the case in particular for national measures taken under Article 7a of Directive 2010/13/EU on the appropriate prominence of audiovisual media services of general interest. In view of the abundance of information and the increasing use of digital means to access the media, it is important to ensure prominence for content of general interest, in order to help achieving a level playing field in the internal market and compliance with the fundamental right to receive information under Article 11 of the Charter of Fundamental Rights of the Union. Given the possible impact of the national measures taken under Article 7a on the functioning of the internal media market, guidelines by the Commission would be important to achieve legal certainty in this field. Such guidelines should respect the Member States’ competence in cultural matters with a view to promoting media pluralism. It would also be useful to provide guidance on national measures taken under Article 5(2) of Directive 2010/13/EU with a view to ensuring the public availability of accessible, accurate and up-to-date information related to media ownership. In the process of preparing its guidelines, the Commission should be assisted by the Board. The Board should in particular share with the Commission its regulatory, technical and practical expertise regarding the areas and topics covered by the respective guidelines.
2023/04/13
Committee: IMCO
Amendment 219 #

2022/0277(COD)

Proposal for a regulation
Recital 30
(30) Regulatory authorities or bodies referred to in Article 30 of Directive 2010/13/EU have specific practical expertise that allows them to effectively balance the interests of the providers and recipients of media services while ensuring the respect for the freedom of expression. This is key in particular when it comes to protecting the internal market from activities of media service providers established outside the Union that target audiences in the Union where, inter alia in view of the control that may be exercised by third countries over them, they may prejudice or pose risks of prejudice to public security and defence. In this regard, the coordination between national regulatory authorities or bodies to face together possible public security and defence threats stemming from such media services needs to be strengthened and given a legal framework to ensure the effectiveness and possible coordination of the national measures adopted in line with Union media legislation. In order to ensure that media services suspended in certain Member States under Article 3(3) and 3(5) of Directive 2010/13/EU do not continue to be provided via satellite or other means in those Member States, a mechanism of accelerated mutual cooperation and assistance should also be available to guarantee the ‘effet utile’ of the relevant national measures, in compliance with Union law. Additionally, it is necessary to coordinate the national measures that may be adopted to counter public security and defence threats by media services established outside of the Union and targeting audiences in the Union, including the possibility for the Board, in agreement with the Commission, to issue opinions on such measures, as appropriate. In this regard, risks to public security and defence need to be assessed with a view to all relevant factual and legal elements, at national and European level. This is without prejudice to the competence of the Union under Article 215 of the Treaty on the Functioning of the European Union.
2023/04/13
Committee: IMCO
Amendment 244 #

2022/0277(COD)

Proposal for a regulation
Recital 38
(38) Different legislative, regulatory or administrative measures can negatively affect the operations of news and current affairs programs of media service providers in the internal market. They include, for example, rules to limit the ownership of media companies by other companies active in the media sector or non-media related sectors; they also include decisions related to licensing, authorisation or prior notification for media service providers. In order to mitigate their potential negative impact on the functioning of the internal market for media services and enhance legal certainty, it is important that such measures comply with the principles of objective justification, transparency, non- discrimination and proportionality.
2023/04/13
Committee: IMCO
Amendment 249 #

2022/0277(COD)

Proposal for a regulation
Recital 39
(39) It is also key that the Board is empowered to issue an opinion, on the Commission’s request, where national measures are likely to affect the functioning of the internal market for media services. This is, for example, the case when a national administrative measure is addressed to a media service provider providing its services towards more than one Member State, or when the concerned media service provider has a significant influence on the formation of public opinion in that Member State.
2023/04/13
Committee: IMCO
Amendment 257 #

2022/0277(COD)

Proposal for a regulation
Recital 44
(44) With a view to ensuring pluralistic media markets, the national authorities or bodies and the Board should take account of a set of criteria. In particular, impact on media pluralism should be considered, including notably the effect on the formation of public opinion, taking into account of th, meaning on the diversity of media services, should be conline environmentsidered. Concurrently, it should be considered whether other media outlets, providing different and alternative content, would still coexist in the given market(s) after the media market concentration in question. Assessment of safeguards for editorial independence should include the examination of potential risks of undue interference by the prospective owner, management or governance structure in the individual editorial decisions of the acquired or merged entity. The existing or envisaged internal safeguards aimed at preserving independence of the individual editorial decisions within the media undertakings involved should also be taken into account. In assessing the potential impacts, the effects of the concentration in question on the economic sustainability of the entity or entities subject to the concentration should also be considered and whether, in the absence of the concentration, they would be economically sustainable, in the sense that they would be able in the medium term to continue to provide and further develop financially viable, adequately resourced and technologically adapted quality media services in the market. Consideration should also be given to whether concentration would stimulate investments and a vital media market. The assessment should also take into account competition with online platforms and publicly funded public service broadcasters.
2023/04/13
Committee: IMCO
Amendment 262 #

2022/0277(COD)

Proposal for a regulation
Recital 45
(45) Audience measurement has a direct impact on the allocation and the prices of advertising, which represents a key revenue source for the media sector. It is a crucial tool to evaluate the performance of media content and understand the preferences of audiences in order to plan the future buying, selling and production of content. Accordingly, media market players, in particular media service providers, right holders and advertisers, should be able to rely on objective audience data stemming from transparent, unbiased and verifiable audience measurement solutions. However, certain new players that have emerged in the media ecosystem provide their own measurement services without making available information on their methodologies. This could result in incomparable measurement systems and information asymmetries among media market players and in potential market distortions, to the detriment of equality of opportunities for media service providers in the market. In order to ensure impartiality in measurement, audience measurement should be carried out by independent third parties or self- regulatory bodies.
2023/04/13
Committee: IMCO
Amendment 265 #

2022/0277(COD)

Proposal for a regulation
Recital 46
(46) In order to enhance the verifiability, comparability and reliability of audience measurement methodologies, in particular online, transparency obligations should be laid down for providers of audience measurement systems that do not abide by the industry benchmarks agreed within the relevant self-regulatory bodies. As such, for the purpose of this Regulation, systems developed without market governance, outside European or national standards agreed by the relevant national regulatory bodies or by independent providers appointed by relevant bodies should be considered proprietary measurement systems. Under these obligations, such actors, when requested and to the extent possible, should provide advertisers and media service providers or parties acting on their behalf, with information describing the methodologies employed for the measurement of the audience. The information must be as granular as the information on methodologies published by self- regulatory bodies that govern the agreed industry standards on audience measurement. Such information could consist in providing elements, such as the size of the sample measured, the definition of the indicators that are measured, the metrics, the measurement methods and the margin of error as well as the measurement period. The obligations imposed under this Regulation are without prejudice to any obligations that apply to providers of audience measurement services under Regulation 2019/1150 or Regulation (EU) 2022/XX [Digital Markets Act], including those concerning ranking or self- preferencing.
2023/04/13
Committee: IMCO
Amendment 276 #

2022/0277(COD)

Proposal for a regulation
Article 1 – paragraph 2 – point a a (new)
(aa) Directive 2001/29/EU;
2023/04/13
Committee: IMCO
Amendment 283 #

2022/0277(COD)

Proposal for a regulation
Article 1 – paragraph 2 a (new)
2a. Directive 2010/13/EU and Directive (EU) 2018/1808 with the exception of Article 27 of this Regulation;
2023/04/13
Committee: IMCO
Amendment 284 #

2022/0277(COD)

Proposal for a regulation
Article 1 – paragraph 2 b (new)
2b. Directive (EU) 2019/789;
2023/04/13
Committee: IMCO
Amendment 285 #

2022/0277(COD)

Proposal for a regulation
Article 1 – paragraph 3
3. This Regulation shall not affect the possibility for Member States to adopt more detailed rules in the fields covered by Chapter II and Section 5 of Chapter III and of Article 24, provided that those rules comply with Union law.
2023/04/13
Committee: IMCO
Amendment 289 #

2022/0277(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 1
(1) ‘media service’ means a service as defined by Articles 56 and 57 of the Treaty, where the principal purpose of the service or a dissociable section thereof consists in providing programmes or press publications to the general public, by any means, in order to inform, entertain or educate, under the editorial responsibility of a media service provideras defined into Directive 2010/13/EU;
2023/04/13
Committee: IMCO
Amendment 316 #

2022/0277(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 14
(14) ‘audience measurement’ means the activity of collecting, interpreting or otherwise processing data about the number and characteristics of users of media services and of users of online platforms, to determine the audience size, reach and frequency for the purposes of decisions regarding advertising allocation or prices or the related planning, buying, selling, production or distribution of content;
2023/04/13
Committee: IMCO
Amendment 407 #

2022/0277(COD)

Proposal for a regulation
Article 10 – paragraph 5
5. The Commission shall designate a representative to the Board. The representative of the Commission shall participate in all activities and meetings of the Board, without voting rights. The Chair of the Board shall keep the Commission informed about the ongoing and planned activities of the Board. The Board shall consultadditionally keep the Commission in preparationformed ofn its work programme and main deliverables.
2023/04/13
Committee: IMCO
Amendment 411 #

2022/0277(COD)

Proposal for a regulation
Article 10 – paragraph 6
6. The Board, in agreement with the Commission, may invite experts and observers to attend its meetings.
2023/04/13
Committee: IMCO
Amendment 417 #

2022/0277(COD)

Proposal for a regulation
Article 10 – paragraph 8
8. The Board shall adopt its rules of procedure by a two-thirds majority of its members with voting rights, in agreement with the Commission.
2023/04/13
Committee: IMCO
Amendment 432 #

2022/0277(COD)

Proposal for a regulation
Article 12 – paragraph 1 – introductory part
Without prejudice to the powers granted to the Commission by the Treaties, the Board shall promote the effective and consistent application of this Regulation and of national rules implementing Directive 2010/13/EU throughout the Union. The Board shall keep a separate agenda for its responsibilities and activities relating to Directive 2010/13/EU. Additionally, it shall not intervene neither in national media markets nor for matters relating to the sole and exclusive competence of national authorities. The Board shall:
2023/04/13
Committee: IMCO
Amendment 435 #

2022/0277(COD)

Proposal for a regulation
Article 12 – paragraph 1 – point c
(c) advise the Commission, on its own initiative or where requested by it, on regulatory, technical or practical aspects pertinent to the consistent application of this Regulation and implementation of Directive 2010/13/EU as well as all on other matters related to media services within its competence. Where the Commission requests advice or opinions from the Board, it may indicate a time limit, taking into account the urgency of the matter;
2023/04/13
Committee: IMCO
Amendment 442 #

2022/0277(COD)

Proposal for a regulation
Article 12 – paragraph 1 – point d
(d) on its own initiative or when requested by the Commission, provide opinions on the technical and factual issues that arise with regard to Article 2(5c), Article 3(2) and (3), Article 4(4), point (c) and Article 28a(7) of Directive 2010/13/EU;
2023/04/13
Committee: IMCO
Amendment 445 #

2022/0277(COD)

Proposal for a regulation
Article 12 – paragraph 1 – point e – introductory part
(e) in agreement with the Commission, draw up opinions with respect to:
2023/04/13
Committee: IMCO
Amendment 478 #

2022/0277(COD)

Proposal for a regulation
Article 13 – paragraph 7
7. Where the requesting authority does not consider the measures taken by the requested authority to be sufficient to address and reply to its request, it shall inform the requested authority without undue delay, explaining the reasons for its position. If the requested authority does not agree with that position, or if the requested authority’s reaction is missing, either authority may refer the matter to the Board. Within 14 calendar days from the receipt of that referral, the Board shall issue, in agreement with the Commission, an opinion on the matter, including recommended actions. The requested authority shall do its outmost to take into account the opinion of the Board.
2023/04/13
Committee: IMCO
Amendment 483 #

2022/0277(COD)

Proposal for a regulation
Article 14 – paragraph 4
4. If no amicable solution has been found following mediation by the Board, the requesting national authority or body or the requested national authority or body may request the Board to issue an opinion on the matter. In its opinion the Board shall assess whether the requested authority or body has complied with a request referred to in paragraph 1. If the Board considers that the requested authority has not complied with such a request, the Board shall recommend actions to comply with the request. The Board shall issue its opinion, in agreement with the Commission, without undue delay.
2023/04/13
Committee: IMCO
Amendment 488 #

2022/0277(COD)

Proposal for a regulation
Article 15 – paragraph 2 – point a
(a) the appropriate prominence of audiovisual media services of general interest under Article 7a and of Article 13(1) of Directive 2010/13/EU;
2023/04/13
Committee: IMCO
Amendment 492 #

2022/0277(COD)

Proposal for a regulation
Article 15 – paragraph 3
3. The Commission may issue an opinion on any matter related to the application of this Regulation and of the national rules implementing Directive 2010/13/EU. The Board shall assist the Commission in this regard, where requested.
2023/04/13
Committee: IMCO
Amendment 508 #

2022/0277(COD)

Proposal for a regulation
Article 16 – paragraph 2
2. The Board, in agreement with the Commission, may issue opinions on appropriate national measures under paragraph 1. All competent national authorities, including the national regulatory authorities or bodies, shall do their utmost to take into account the opinions of the Board.
2023/04/13
Committee: IMCO
Amendment 520 #

2022/0277(COD)

Proposal for a regulation
Article 17 – paragraph 1 – introductory part
1. Providers of very large online platforms shall provide a functionality allowing recipients of their services to declare thatThe national regulatory authorities or bodies referred to in Article 30 of Directive 2010/13/EU shall maintain a list of service providers who are established in that Member State and who have demonstrated to that regulatory authority that they:
2023/04/13
Committee: IMCO
Amendment 523 #

2022/0277(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point a
(a) it isare a media service provider within the meaning of Article 2(2);
2023/04/13
Committee: IMCO
Amendment 526 #

2022/0277(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point b
(b) it isare editorially independent from Member States and third countries; and
2023/04/13
Committee: IMCO
Amendment 531 #

2022/0277(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point c
(c) it isare subject to regulatory requirements for the exercise of editorial responsibility in one or more Member States, or adheres to a co-regulatory or self-regulatory mechanism governing editorial standards, widely recognised and accepted in the relevant media sector in one or more Member States.
2023/04/13
Committee: IMCO
Amendment 534 #

2022/0277(COD)

Proposal for a regulation
Article 17 – paragraph 1 – subparagraph 1 (new)
Member States shall communicate the list, including any updates thereto, to the Commission. The Commission shall maintain a centralised database of these lists and make this database available to very large online platforms in a standardised, machine-readable format, including through application programming interfaces.
2023/04/13
Committee: IMCO
Amendment 545 #

2022/0277(COD)

Proposal for a regulation
Article 17 – paragraph 2
2. Where a provider of a very large online platform decides to suspend the provision of its online intermediation services in relation to content provided by a media service provider that submitted a declarationis listed in the Commission database established pursuant to paragraph 1 of this Article, on the grounds that such content is incompatible with its terms and conditions, without that content contributing to a systemic risk referred to in Article 26 of the Regulation (EU) 2022/XXX [Digital Services Act], it shall take all possible measures, to the extent consistent with their obligations under Union law, including Regulation (EU) 2022/XXX [Digital Services Act], to communicate to the media service provider concerned the statement of reasons accompanying that decision, as required by Article 4(1) of Regulation (EU) 2019/1150, prior to the suspension taking effect.
2023/04/13
Committee: IMCO
Amendment 554 #

2022/0277(COD)

Proposal for a regulation
Article 17 – paragraph 3
3. Providers of very large online platforms shall take all the necessary technical and organisational measures to ensure that complaints under Article 11 of Regulation (EU) 2019/1150 by media service providers that submitted a declarationthat are listed in the Commission database established pursuant to paragraph 1 of this Article are processed and decided upon with priority and without undue delay.
2023/04/13
Committee: IMCO
Amendment 563 #

2022/0277(COD)

Proposal for a regulation
Article 17 – paragraph 4
4. Where a media service provider that submitted a declarationis listed in the Commission database pursuant to paragraph 1 considers that a provider of very large online platform frequently restricts or suspends the provision of its services in relation to content provided by the media service provider without sufficient grounds, the provider of or where the very large online platform shall engage in a meaningful and effective dialogue with the media service provider, upon its request, in good faith with a view to finding an amicable solution for terminating unjustified restrictions or suspensions and avoiding them in the future. The media service provider may notify the outcome of such exchanges to the Boardidentifies a media service provider that frequently violates the platform’s terms of service, either party may request to engage in a dialogue with the aim to come to a mutual understanding of content moderation practices. Both parties may notify the outcome of such exchanges to the Board and request the Board to publish the outcome of the dialogue.
2023/04/13
Committee: IMCO
Amendment 572 #

2022/0277(COD)

Proposal for a regulation
Article 17 – paragraph 5 – point a
(a) the number of instances where they imposed any restriction or suspension on the grounds that the content provided by a media service provider that submitted a declarationin the Commission database in accordance with paragraph 1 of this Article is incompatible with their terms and conditions; and
2023/04/13
Committee: IMCO
Amendment 576 #

2022/0277(COD)

Proposal for a regulation
Article 17 – paragraph 6
6. With a view to facilitating the consistent and effective implementation of this Article, the Commission may issue guidelines before the Regulation gets adopted to establish the form and details of the declarationlists and database set out in paragraph 1.
2023/04/13
Committee: IMCO
Amendment 590 #

2022/0277(COD)

Proposal for a regulation
Article 20 – paragraph 1
1. Any legislative, regulatory or administrative measure taken by a Member State that is liable to affect the operations of news and current affairs media service providers in the internal market shall be duly justified and proportionate. Such measures shall be reasoned, transparent, objective and non- discriminatory.
2023/04/13
Committee: IMCO
Amendment 591 #

2022/0277(COD)

Proposal for a regulation
Article 20 – paragraph 2
2. Any national procedure used for the purposes of the preparation or the adoption of a regulatory or administrative measure as referred to in paragraph 1 shall be subject to clear timeframes set out in advance.deleted
2023/04/13
Committee: IMCO
Amendment 597 #

2022/0277(COD)

Proposal for a regulation
Article 20 – paragraph 4
4. The Board, upon request of the Commission, shall draw up an opinion where a national legislative, regulatory or administrative measure is likely to affect the funcoperationings of the internal market fornews and current affairs media service providers. Following the opinion of the Board, and without prejudice to its powers under the Treaties, the Commission may issue its own opinion on the matter. Opinions by the Board and, where applicable, by the Commission shall be made publicly available.
2023/04/13
Committee: IMCO
Amendment 600 #

2022/0277(COD)

Proposal for a regulation
Article 20 – paragraph 5
5. Where a national authority or body adopts a measure that affects individually and directly a media service provider and is likely to affect the funcoperationings of the internal market fornews and current affairs media service providers, it shall communicate, at the request of the Board, and where applicable, of the Commission, without undue delay and by electronic means, any relevant information, including the summary of the facts, its measure, the grounds on which the national authority or body has based its measure, and, where applicable, the views of other authorities concerned.
2023/04/13
Committee: IMCO
Amendment 622 #

2022/0277(COD)

Proposal for a regulation
Article 21 – paragraph 2 – point a
(a) the impact of the concentration on media pluralism, including its effects on the formation of public opinion and on the diversity of media players on the market, taking into account the online environment and the parties’ interests, links or activities in other media or non- media businesses;
2023/04/13
Committee: IMCO
Amendment 627 #

2022/0277(COD)

Proposal for a regulation
Article 21 – paragraph 2 – point b
(b) the safeguards for editorial independence, including the impact of the concentration on the functioning of the editorial teams and the existence of measures by media service providers taken with a view to guaranteeing the independence of individual editorial decisions, in line with national laws and self-regulation;
2023/04/13
Committee: IMCO
Amendment 634 #

2022/0277(COD)

Proposal for a regulation
Article 21 – paragraph 2 – point c a (new)
(ca) competition with very large online platforms and publicly funded public service broadcasters.
2023/04/13
Committee: IMCO
Amendment 659 #

2022/0277(COD)

Proposal for a regulation
Article 23 – paragraph 2
2. Without prejudice to the protection of undertakingss business secrets, providers of proprietary audience measurement systems, developed without market governance or outside of European or national industry standards agree by the relevant national self- regulatory bodies, shall provide, without undue delay and free of costs, to media service providers, right holders and advertisers, as well as to third parties authorised by media service providers and advertisers, accurate, detailed, comprehensive, intelligible and up-to-date information on the data collected and on the methodology used by their audience measurement systems. This provision shall not affect the Union’s data protection and privacy rules.
2023/04/13
Committee: IMCO
Amendment 667 #

2022/0277(COD)

Proposal for a regulation
Article 23 – paragraph 4
4. The Commission, assisted by the Board and the relevant experts from media service providers such as Joint Industry Committees providing audience measurements, may issue guidelines on the practical application of paragraphs 1, 2 and 3 of this Article.
2023/04/13
Committee: IMCO
Amendment 127 #

2022/0272(COD)

Proposal for a regulation
Recital 7
(7) Under certain conditions, all products with digital elements integrated in or connected to a larger electronic information system can serve as an attack vector for malicious actors. As a result, even hardware and software considered as less critical can facilitate the initial compromise of a device or network, enabling malicious actors to gain privileged access to a system or move laterally across systems. Manufacturers should therefore ensure that all connectable products with digital elements connected to external network or device are designed and developed in accordance with essential requirements laid down in this Regulation. This includes both products that can be connected to external networks or device physically via hardware interfaces and products that are connected logically, such as via network sockets, pipes, files, application programming interfaces or any other types of software interface. As cybersecurity threats can propagate through various products with digital elements before reaching a certain target, for example by chaining together multiple vulnerability exploits, manufacturers should also ensure the cybersecurity of those products that are only indirectly connected to other devices or networks.
2023/05/04
Committee: ITRE
Amendment 128 #

2022/0272(COD)

Proposal for a regulation
Recital 7 a (new)
(7a) This regulation should not apply to the internal networks of a product with digital elements if these networks have dedicated endpoints and are secured from external data connection.
2023/05/04
Committee: ITRE
Amendment 129 #

2022/0272(COD)

Proposal for a regulation
Recital 7 b (new)
(7b) This regulation should not apply to spare parts intended solely to replace defective parts of products with digital elements, in order to restore their functionality.
2023/05/04
Committee: ITRE
Amendment 141 #

2022/0272(COD)

Proposal for a regulation
Recital 10
(10) In order not to hamper innovation or research, free and open-source software developed or supplied outside the course of a commercial activity should not be covered by this Regulation. This is in particular the case for software, including its source code and modified versions, that is openly shared and freely accessible, usable, modifiable and redistributable. In the context of software, a commercial activity might be characterized not only by charging a price for a product, but also by charging a price for technical support services,solely occurs when a price is charged for the use of a product with the intention of making a profit or by providing a software platform through which the manufacturer monetises other services, or by the usemonetization of personal data for reasons other than exclusively for improving the security, compatibility or interoperability of the software.
2023/05/04
Committee: ITRE
Amendment 143 #

2022/0272(COD)

Proposal for a regulation
Recital 13 a (new)
(13a) Agricultural and forestry vehicles in scope of Regulations (EU) 167/2013 of the European Parliament and of the Council fall also in the scope of this Regulation. In order to avoid regulatory overlaps, additional cybersecurity requirements in future amendments of Regulation (EU) 167/2013 should not be foreseen.
2023/05/04
Committee: ITRE
Amendment 155 #

2022/0272(COD)

Proposal for a regulation
Recital 26
(26) Critical products with digital elements should be subject to stricter conformity assessment procedures, while keeping a proportionate approach. For this purpose, critical products with digital elements should be divided into two classes, reflecting the level of cybersecurity risk linked to these categories of products. A potential cyber incident involving products in class II might lead to greater negative impacts than an incident involving products in class I, for instance due to the nature of their cybersecurity-related function or intended use in sensitive environments, and therefore should undergo a stricter conformity assessment procedure. Periodical checks should be carried out to ensure that the list of critical products with digital elements is updated.
2023/05/04
Committee: ITRE
Amendment 171 #

2022/0272(COD)

Proposal for a regulation
Recital 36
(36) Manufacturers of products with digital elements should put in place coordinated vulnerability disclosure policies that are coordinated in terms of frequency and timing to facilitate the reporting of vulnerabilities by individuals or entities. A coordinated vulnerability disclosure policy should specify a structured process through which vulnerabilities are reported to a manufacturer in a manner allowing the manufacturer to diagnose and remedy such vulnerabilities before detailed vulnerability information is disclosed to third parties or to the public. Given the fact that information about exploitable vulnerabilities in widely used products with digital elements can be sold at high prices on the black market, manufacturers of such products should be able to use programmes, as part of their coordinated vulnerability disclosure policies, to incentivise the reporting of vulnerabilities by ensuring that individuals or entities receive recognition and compensation for their efforts (so-called ‘bug bounty programmes’).
2023/05/04
Committee: ITRE
Amendment 190 #

2022/0272(COD)

Proposal for a regulation
Recital 62
(62) In order to ensure that the regulatory framework can be adapted where necessary, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of updates to the list of critical products in Annex III and specifying the definitions of the these product categories. Such updates shall be carried out periodically by the Commission, ensuring timely changes to the list of critical products in Annex III. Power to adopt acts in accordance with that Article should be delegated to the Commission to identify products with digital elements covered by other Union rules which achieve the same level of protection as this Regulation, specifying whether a limitation or exclusion from the scope of this Regulation would be necessary as well as the scope of that limitation, if applicable. Power to adopt acts in accordance with that Article should also be delegated to the Commission in respect of the potential mandating of certification of certain highly critical products with digital elements based on criticality crieria set out in this Regulation, as well as for specifying the minimum content of the EU declaration of conformity and supplementing the elements to be included in the technical documentation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Inter-institutional Agreement of 13 April 2016 on Better Law-Making33. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 33 OJ L 123, 12.5.2016, p. 1.
2023/05/04
Committee: ITRE
Amendment 206 #

2022/0272(COD)

Proposal for a regulation
Article 2 – paragraph 1
1. This Regulation applies to products with digital elements whose intended or reasonably foreseeable use includes a direct or indirect logical or physical data connection to an external device or network. This Regulation does not apply to the electronic communications networks as defined in Article 2, point (1), of Directive (EU) 2018/1972 in which products with digital elements are integrated.
2023/05/04
Committee: ITRE
Amendment 216 #

2022/0272(COD)

Proposal for a regulation
Article 2 – paragraph 5 a (new)
5a. This Regulation does not apply to free and open-source software, including its source code and modified versions, except when such software is provided in exchange for a price or as a monetised product with the intention of making a profit rather than performing maintenance.
2023/05/04
Committee: ITRE
Amendment 219 #

2022/0272(COD)

Proposal for a regulation
Article 2 – paragraph 5 c (new)
5c. 7 (new) This Regulation shall not apply to spare parts intended solely to replace defective parts of products with digital elements, in order to restore their functionality.
2023/05/04
Committee: ITRE
Amendment 230 #

2022/0272(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 11
(11) ‘physical connection’ means any connection between electronic information systems or components implemented using physical means, including through electrical or mechanical interfaces, wires or radio wav or wires;.
2023/05/04
Committee: ITRE
Amendment 252 #

2022/0272(COD)

Proposal for a regulation
Article 4 – paragraph 3
3. Member States shall not prevent the making available of unfinished software which does not comply with this Regulation provided that the software is only made available for a limited period required for testing purposes and that a visible sign clearly indicates that it does not comply with this Regulation and will not be available on the market for purposes other than testing.
2023/05/04
Committee: ITRE
Amendment 258 #

2022/0272(COD)

Proposal for a regulation
Article 6 – paragraph 2 – introductory part
2. The Commission is empowered to adopt delegated acts in accordance with Article 50 to amend Annex III by including in the list of categories of critical products with digital elements a new category or withdrawing an existing one from that list. The Commission should carry out periodical checks to assess whether the list of critical products with digital elements needs to be integrated or updated. When assessing the need to amend the list in Annex III, the Commission shall take into account the level of cybersecurity risk related to the category of products with digital elements. In determining the level of cybersecurity risk, one or several of the following criteria shall be taken into account:
2023/05/04
Committee: ITRE
Amendment 271 #

2022/0272(COD)

Proposal for a regulation
Article 10 – paragraph 2
2. For the purposes of complying with the obligation laid down in paragraph 1, manufacturers shall undertake an assessment of the cybersecurity risks associated with a data connection to an external device or network of a product with digital elements and take the outcome of that assessment into account during the planning, design, development, production, delivery and maintenance phases of the product with digital elements with a view to minimising cybersecurity risks, preventing security incidents and minimising the impacts of such incidents, including in relation to the health and safety of users.
2023/05/04
Committee: ITRE
Amendment 277 #

2022/0272(COD)

Proposal for a regulation
Article 10 – paragraph 6 – subparagraph 1
When placing a product with digital elements on the market, and forthe manufacturer shall define the expected product lifetime or for a period of five years from the placing of the product on the market, whichever is shorter, manufacturers shall ensure that vulnerabilities of that product are handled effectively and in accordance with the essential requirements set out in Section 2 of Annex I. In doing so, the manufacturer shall ensure that expected product lifetime is in line with reasonable consumer expectations and that it promotes sustainability and the need to ensure long-lasting products with digital elements. Manufacturers shall ensure that vulnerabilities of that product are handled effectively and in accordance with the essential requirements set out in Section 2 of Annex I during at least the expected product lifetime or 10 years, whichever is shorter. Where applicable, the expected product lifetime shall be clearly stated on the product, its packaging or be included in contractual agreements.
2023/05/04
Committee: ITRE
Amendment 358 #

2022/0272(COD)

Proposal for a regulation
Article 16 – paragraph 1
A natural or legal person, other than the manufacturer, the importer or the distributor, that carries out a substantial modification of the product with digital elements, with the intention of making a profit, shall be considered a manufacturer for the purposes of this Regulation.
2023/05/04
Committee: ITRE
Amendment 369 #

2022/0272(COD)

Proposal for a regulation
Article 19 – paragraph 1
Where harmonised standards referred to in Article 18 do not exist or where the Commission considers that the relevant harmonised standards are insufficient to satisfy the requirements of this Regulation or to comply with the standardisation request of the Commission, or where there are undue delays in the standardisation procedure or where the request for harmonised standards by the Commission has not been accepted by the European standardisation organisations, as a last resort the Commission is empowered, by means of implementing acts, to adopt common specifications in respect of the essential requirements set out in Annex I. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 51(2).
2023/05/04
Committee: ITRE
Amendment 451 #

2022/0272(COD)

Proposal for a regulation
Article 55 – paragraph 3 a (new)
3a. 4 (new) By way of derogation, for products with digital elements falling in scope of Regulation (Machinery Regulation proposal) or Regulation (EU) 167/2013 of the European Parliament and of the Council, the application date referred to art. 57 is extended by (36 months).
2023/05/04
Committee: ITRE
Amendment 452 #

2022/0272(COD)

Proposal for a regulation
Article 55 – paragraph 3 b (new)
3b. By way of derogation for products with digital elements falling in scope of Regulation (Machinery Regulation proposal) or Regulation 2013/167, where the annual new sales in the EU of each type are fewer than (1000) units, the application date referred to art. 57 is extended by (60 months).
2023/05/04
Committee: ITRE
Amendment 456 #

2022/0272(COD)

Proposal for a regulation
Article 57 – paragraph 2
It shall apply from [248 months after the date of entry into force of this Regulation]. However Article 11 shall apply from [124 months after the date of entry into force of this Regulation].
2023/05/04
Committee: ITRE
Amendment 464 #

2022/0272(COD)

Proposal for a regulation
Annex I – Part 1 – point 3 – introductory part
(3) On the basis of the cybersecurity risk assessment referred to in Article 10(2) and where applicable, products with digital elements shall:
2023/05/04
Committee: ITRE
Amendment 469 #

2022/0272(COD)

Proposal for a regulation
Annex I – Part 1 – point 3 – point a a (new)
(aa) be placed on the market without any known exploitable vulnerabilities towards an external device or network.
2023/05/04
Committee: ITRE
Amendment 504 #

2022/0272(COD)

Proposal for a regulation
Annex III – Part I – point 17
17. Firewalls, Security Gateways, intrusion detection and/or prevention systems not covered by class II;
2023/05/04
Committee: ITRE
Amendment 508 #

2022/0272(COD)

Proposal for a regulation
Annex III – Part I – point 18
18. Routers, modems intended for the connection to the internet, and switches, and other network nodes that are necessary for the provision of the connectivity service, not covered by class II;
2023/05/04
Committee: ITRE
Amendment 516 #

2022/0272(COD)

Proposal for a regulation
Annex III – Part I – point 23 a (new)
23a. Authentication, Authorisation and Accounting (AAA) platforms.
2023/05/04
Committee: ITRE
Amendment 533 #

2022/0272(COD)

Proposal for a regulation
Annex III – Part II – point 4
4. Firewalls, Security Gateways, intrusion detection and/or prevention systems intended for industrial use;
2023/05/04
Committee: ITRE
Amendment 537 #

2022/0272(COD)

Proposal for a regulation
Annex III – Part II – point 7
7. Routers, modems intended for the connection to the internet, and switches, and other network nodes that are necessary for the provision of the connectivity service, intended for industrial use;
2023/05/04
Committee: ITRE
Amendment 539 #

2022/0272(COD)

Proposal for a regulation
Annex III – Part II – point 11
11. Smartcards, smartcard readers, biometric readers, and tokens;
2023/05/04
Committee: ITRE
Amendment 168 #

2022/0269(COD)

(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 value 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 value chains. Appropriate due diligence means that forced labour issues in the value chain have been identified and addressed in accordance with relevant Union legislation and international standards. This Regulation should be subsidiary to Due Diligence processes and be the last resort instrument to be applied when supply chain due diligence has not been properly executed according to applicable international guidelines. 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.
2023/06/09
Committee: INTAIMCO
Amendment 384 #

2022/0269(COD)

Proposal for a regulation
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 value chain as close as possible to where the risk of forced labour is likely to occcausing forced labour 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.
2023/06/15
Committee: INTAIMCO
Amendment 406 #

2022/0269(COD)

Proposal for a regulation
Article 4 – paragraph 4
4. Economic operators shall respond to the request of the competent authority referred to in paragraph 3 within 15 30 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.
2023/06/15
Committee: INTAIMCO
Amendment 420 #

2022/0269(COD)

Proposal for a regulation
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. , aligned with EU and international legislation including the Directive on Corporate Sustainability Due Diligence (CSDDD) and the UN Guiding Principles on business and human rights, for mitigating, preventing or bringing an end to forced labour.
2023/06/15
Committee: INTAIMCO
Amendment 430 #

2022/0269(COD)

Proposal for a regulation
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 consider 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 andor brings to an end the risk of forced labour.
2023/06/15
Committee: INTAIMCO
Amendment 432 #

2022/0269(COD)

Proposal for a regulation
Article 4 a (new)
Article 4 a Burden of evidence Competent authorities shall 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 on the basis of all information and evidence gathered during the investigation, including its preliminary phase.
2023/06/15
Committee: INTAIMCO
Amendment 435 #

2022/0269(COD)

Proposal for a regulation
Article 5 – paragraph 1
1. Competent authorities that, pursuant to Article 4(5), determine that value chain due diligence has not been properly executed according to applicable international guidelines and that therefore there is a substantiated concern of a violation of Article 3, shall decide, as last resort instrument. to initiate an investigation on the products and economic operators concerned.
2023/06/15
Committee: INTAIMCO
Amendment 471 #

2022/0269(COD)

Proposal for a regulation
Article 5 – paragraph 4
4. Economic operators shall submit the information within 1530 working days from the request referred to in paragraph 3 or make a justified request for an extension of that time limit.
2023/06/15
Committee: INTAIMCO
Amendment 580 #

2022/0269(COD)

Proposal for a regulation
Article 8 – paragraph 5
5. Economic operators that have been affected by a decision of a competent authority pursuant to this Regulation shall have access to a court to review the procedural and substantive legality of the decision. Economic operators shall be entitled to compensation or damages for the prohibition, withdrawal or destruction of products arising from a wrongful decision by a competent authority.
2023/06/15
Committee: INTAIMCO
Amendment 626 #

2022/0269(COD)

Proposal for a regulation
Article 11 – paragraph 1
1. The Commission shall call upon external expertise and all relevant stakeholders to provide an indicative, non- exhaustive, verifiableed, solid 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 reliable external sources of information from, amongst others, international organisations and third country authorities.
2023/06/09
Committee: INTAIMCO
Amendment 643 #

2022/0269(COD)

Proposal for a regulation
Article 11 – paragraph 2
2. The Commission shall ensure that the database is made publicly available by the external expertise at the lateleast 2410 months after the entry into force of this Regulation.
2023/06/09
Committee: INTAIMCO
Amendment 728 #

2022/0269(COD)

Proposal for a regulation
Article 23 – paragraph 1 – introductory part
The Commission shall issue guidelines no later than 180 months after the entry into force of this Regulation, which shall include the following:
2023/06/09
Committee: INTAIMCO
Amendment 749 #

2022/0269(COD)

Proposal for a regulation
Article 23 – paragraph 1 – point d
(d) further information to facilitate the competent authorities’detailed guidance for competent authorities to garantee homogeneous implementation of this Regulation;
2023/06/09
Committee: INTAIMCO
Amendment 799 #

2022/0269(COD)

Proposal for a regulation
Article 26 – paragraph 1
1. In order to facilitate effective implementation and enforcement of this Regulation, the Commission mayshall as appropriate 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.
2023/06/09
Committee: INTAIMCO
Amendment 16 #

2022/0219(COD)

Proposal for a regulation
Recital 5
(5) Such a new instrument will contribute to reinforce common defence procurement and, through the associated Union financing, to strengthen EU Member States' defence industrial capabilities.
2023/02/01
Committee: IMCO
Amendment 19 #

2022/0219(COD)

Proposal for a regulation
Recital 14
(14) This Instrument will build on and take into account the work of the Member States and the Defence Joint Procurement Task Force established by the Commission and the High Representative/Head of Agency, in line with the Joint Communication ‘Defence Investment Gaps Analysis and Way Forward”, to coordinate very short-term defence procurement needs and engage with Member States and EU defence manufacturers to support joint procurement to replenish stocks, notably in light of the support provided to Ukraine.
2023/02/01
Committee: IMCO
Amendment 21 #

2022/0219(COD)

Proposal for a regulation
Recital 16
(16) As the instrument aims to enhance the competitiveness and efficiency of the Union’s defence industry, to benefit from the instrument, common procurement contracts will need to be placed with legal entities which are principally established in the Union or exceptionally in associated countries and are not subject to control by non-associated third countries or by non- associated third- country entities. In that context, control should be understood to be the ability to exercise a decisive influence on a legal entity directly, or indirectly through one or more intermediate legal entities. Additionally, in order to ensure the protection of essential security and defence interests of the Union and its Member States, the infrastructure, facilities, assets and resources of the contractors and subcontractors involved in the common procurement which are used for the purposes of the common procurement shall be located principally on the territory of a Member State or exceptionally of an associated third country.
2023/02/01
Committee: IMCO
Amendment 25 #

2022/0219(COD)

Proposal for a regulation
Recital 16 a (new)
(16a) Following the recent military and diplomatic posturing of Turkish President Erdogan in his dealings with European countries, Turkey, unlike other NATO member countries, can no longer be considered a reliable ally when it comes to defence and security. It can therefore not be allowed to participate in the European defence programme.
2023/02/01
Committee: IMCO
Amendment 26 #

2022/0219(COD)

Proposal for a regulation
Recital 16 a (new)
(16a) It is considered that too many Member States are reliant mainly on third countries to meet their defence needs;
2023/02/01
Committee: IMCO
Amendment 27 #

2022/0219(COD)

Proposal for a regulation
Recital 16 b (new)
(16b) Calls for tenders financed by ‘European’ funds should be reserved for European bidders.
2023/02/01
Committee: IMCO
Amendment 28 #

2022/0219(COD)

Proposal for a regulation
Recital 16 c (new)
16c. European internal market preference for local or European defence industries is necessary for their revival in Europe.
2023/02/01
Committee: IMCO
Amendment 29 #

2022/0219(COD)

Proposal for a regulation
Recital 16 d (new)
16d. It is necessary to bolster the strategic autonomy and technological sovereignty of the Member States by reducing technological and industrial dependency and ensuring better supervision of foreign subsidies and foreign direct investment in Europe, in order to fend off attempts by third countries to gain control of critical European companies;
2023/02/01
Committee: IMCO
Amendment 30 #

2022/0219(COD)

Proposal for a regulation
Recital 16 d (new)
16d. Supply chain security is of great strategic importance, necessitating subcontracting provisions designed to reduce drastically the risks related to the opening up or interruption of the supply chain caused by the involvement of third country companies where this can be avoided.
2023/02/01
Committee: IMCO
Amendment 31 #

2022/0219(COD)

Proposal for a regulation
Recital 17
(17) In certain circumstances, it should be possible to derogate from the principle that contractors and subcontractors involved in a common procurement supported by the Instrument are not subject to control by non-associated third countries or non associated third-country entities. In that context, a legal entity established in the Union or in an associated third country and controlled by a non-associated third country or a non- associated third country entity may participate as contractor and subcontractor involved in the common procurement if strict conditions relating to the security and defence interests of the Union and its Member States, as established in the framework of the Common Foreign and Security Policy pursuant to Title V of the Treaty on European Union (TEU), including in terms of strengthening the European Defence Technological and Industrial Base, are fulfilled.deleted
2023/02/01
Committee: IMCO
Amendment 41 #

2022/0219(COD)

Proposal for a regulation
Recital 18 a (new)
(18a) The purpose of the emergency instrument is to strengthen existing industries in Europe and not to disrupt the internal market by creating competitors through public subsidies.
2023/02/01
Committee: IMCO
Amendment 42 #

2022/0219(COD)

Proposal for a regulation
Recital 18 b (new)
(18b) European subcontractors and manufacturers of critical components or systems must be strengthened and protected from predatory tactics adopted by third country undertakings;
2023/02/01
Committee: IMCO
Amendment 44 #

2022/0219(COD)

Proposal for a regulation
Recital 21
(21) To generate the incentive effect, the level of Union contribution may be differentiated based on factors such as (a) the complexity of the common procurement, for which a proportion of the anticipated size of the procurement contract, based on experience gained in similar actions, may serve as an initial proxy, (b) the characteristics of the cooperation, such as joint usage, stockpiling, ownership or maintenance, which are likely to induce stronger interoperability outcomes and long-term investment signals to industry, and (c) the number of participating Member States or associated countries or the inclusion of additional Member States or associated countries to existing cooperations and (d) the proportion of production taking place in Europe.
2023/02/01
Committee: IMCO
Amendment 48 #

2022/0219(COD)

(22) Member States should appoint a procurement agent to conduct a common procurement on their behalf. The procurement agent should be a contracting authority established in a Member State or an associated third country, including Union bodies or international organisationand designated by at least three Member States, such as the Organisation Cconjointe de Ccoopération en matière d'AR’armement (OCCAR).
2023/02/01
Committee: IMCO
Amendment 49 #

2022/0219(COD)

Proposal for a regulation
Recital 22 a (new)
(22a) According to a report by the European Parliament Research Service - EPRS (p.111), US foreign military sales for 2016-2018 amounted to USD 55 billion or 32% of the total defence expenditure of all the EU Member States. The latter are required to set a minimum annual quota for the production in Europe of acquisitions through this instrument. That quota may not be less than 50%, to be reassessed annually with a view to increasing the European share of procurement and strengthening the European defence industry.
2023/02/01
Committee: IMCO
Amendment 60 #

2022/0219(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point d
(d) the actions shall comply with the annual minimum production quota in Europe and fulfil the additional conditions as set out in Article 8.
2023/02/01
Committee: IMCO
Amendment 121 #

2022/0219(COD)

Proposal for a regulation
Article 10 – paragraph 1 – point 1
1. The contribution of the action to strengthening and developing the Union defence industrial base of the EU Member States to allow ithem to address in particular the most urgent and critical defence products needs as referred to in Article 3, including with respect to procurement procedure and delivery lead times, replenishment of stocks, availability and supply;
2023/02/01
Committee: IMCO
Amendment 53 #

2022/0147(COD)

Proposal for a directive
Recital 13
(13) Certain consumer financial services are governed by specific Union acts, which continue to apply to those financial services. In order to ensure legal certainty, it should be clarified that where another Union act governing specific financial services contains rules on pre-contractual information or on the exercise of the right of withdrawal, only the respective provisions of those other Union acts should apply to those specific consumer financial services with the exception of the relevant provisions of this Directive, unless provided otherwise in those acts. For instance, when Article 186 of Directive 2009/138/EC of the European Parliament and of the Council19 applies, the rules concerning the 'cancellation period' laid down in Directive 2009/138/EC apply and not the rules on the right of withdrawal laid down in this Directive and when Article 14(6) of Directive 2014/17/EU of the European Parliament and of the Council20 applies, the rules on the right of withdrawal under this Directive should not apply. Union acts governing specific financial services should prevail over the rules of this Directive even where these Union acts do not provide for any pre-contractual information or right of withdrawal or adequate information. Likewise, certain Union acts governing specific financial services21 contain extensive and developed rules designed to ensure that consumers are able to understand the essential characteristics of the proposed contract Furthermore, certain Union acts governing specific financial services, such as Directive 2014/17/EU on credit agreements for consumers relating to residential immovable property22 , already lay down rules on adequate explanations to be provided by the traders to the consumers with respect to the proposed contract. In order to ensure legal certainty, the rules on adequate explanations set out in this Directive should not apply to financial services falling under Union acts governing specific financial services that contain rules on the information to be provided to the consumer prior to the conclusion of the contract. _________________ 19 Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (OJ L 335, 17.12.2009, p. 1). 20 Directive 2014/17/EU of the European Parliament and of the Council of 4 February 2014 on credit agreements for consumers relating to residential immovable property and amending Directives 2008/48/EC and 2013/36/EU and Regulation (EU) No 1093/2010 (OJ L 60, 28.2.2014, p. 34). 21 Such as, Regulation (EU) 2019/1238 of the European Parliament and of the Council of 20 June 2019 on a pan- European Personal Pension Product (PEPP) (OJ L 198, 25.7.2019, p. 1), Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU (OJ L 173, 12.6.2014, p. 349), Directive (EU) 2016/97 of the European Parliament and of the Council of 20 January 2016 on insurance distribution (OJ L 26, 2.2.2016, p. 19), Directive 2014/92/EU of the European Parliament and of the Council of 23 July 2014 on the comparability of fees related to payment accounts, payment account switching and access to payment accounts with basic features (OJ L 257, 28.8.2014, p. 214) 22 Directive 2014/17/EU of the European Parliament and of the Council of 4 February 2014 on credit agreements for consumers relating to residential immovable property and amending Directives 2008/48/EC and 2013/36/EU and Regulation (EU) No 1093/2010 (OJ L 60, 28.2.2014, p. 34)
2023/01/18
Committee: IMCO
Amendment 58 #

2022/0147(COD)

Proposal for a directive
Recital 17
(17) The use of means of distance communications should not lead to an unwarranted restriction on the information provided to the consumer. In the interests of transparency, requirements should be laid down with regard to when the information should be provided to the consumer prior to the conclusion of the distance contract and how that information should reach the consumer. In order to be able to make their decisions in full knowledge of the facts, consumers should receive the information at least one day prior to the conclusion of the distance contract. Only in exceptional cases can the information be provided less than a day befin good time priore to the conclusion of the distance contract for financial service. In case the contract is concluded less than one day before, the trader, within the established timeframe, should be obliged to remind the consumer about the possibility to withdraw from the distance contract for financial service.
2023/01/18
Committee: IMCO
Amendment 76 #

2022/0147(COD)

Proposal for a directive
Recital 25
(25) For distance contracts concluded by electronic means, the trader shouldmay provide the consumer with the possibility to use a withdrawal button. In order for ensure the effective use of the withdrawal button, the trader should ensure that it is visible and, when the consumer uses the button, the trader should adequately document its use.
2023/01/18
Committee: IMCO
Amendment 104 #

2022/0147(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
1. BIn good time before the consumer is bound by a distance contract, or any corresponding offer, the trader shall provide the consumer with the following information, in a clear and comprehensible manner:
2023/01/18
Committee: IMCO
Amendment 107 #

2022/0147(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 1– point b
(b) the geographical address at which the trader is established as well as the trader’s telephone number andor email address or own digital platform; in addition, where the trader provides other means of online communication which guarantee that the consumer can keep any written correspondence, including the date and time of such correspondence, with the trader on a durable medium, the information shall also include details of those other means; all those means of communication provided by the trader shall 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;
2023/01/18
Committee: IMCO
Amendment 125 #

2022/0147(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 2 – subparagraph 1
In the case of telephone communications or another means of distance communication initiated by the trader, the identity of the tradlatter and the commercial purpose of the call initiated by the traderommunication shall be made explicitly clear at the beginning of any conversation with the consumer.
2023/01/18
Committee: IMCO
Amendment 130 #

2022/0147(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 2 – subparagraph 2
Where the consumer explicitly agrees to continue the telephone communications, by way of derogation from paragraph 1, only the information referred to in points (a), (f), (g), and (p) of that paragraph needs to be provided.
2023/01/18
Committee: IMCO
Amendment 133 #

2022/0147(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 2 – subparagraph 3
The trader shall inform the consumer of the nature and the availability of the other information referred to in paragraph 1 and shall provide that information when fulfillingimmediately after the conclusion of the distance contract. For any other means of distance communication, which does not allow for the transmission of the contractual terms and conditions and the information in accordance with paragraph 1, the trader shall fulfil his obligations under that paragraph 3. immediately after the conclusion of the distance contract.
2023/01/18
Committee: IMCO
Amendment 152 #

2022/0147(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 6
6. Where another Union act governing specific financial services contains rules on the information to be provided to the consumer prior to the conclusion of the contract, oand even if it does not provide for any information to be supplied in this respect, the application of the provisions of Article 16a of this Directive is excluded. Only the pre-contractual information requirements of that Union act shall apply to those specific financial services, unless provided otherwise in that act.
2023/01/18
Committee: IMCO
Amendment 155 #

2022/0147(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16b – paragraph 1 – subparagraph 2 –point b
(b) the day on which the consumer receives the contractual terms and conditions and the information in accordance with Article 16a,, provided Article 16a is applicable or other Union act with requirements of pre-contractual information, receives such information if that is later than the date in point (a) of this subparagraph.
2023/01/18
Committee: IMCO
Amendment 159 #

2022/0147(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16b – paragraph 2– point a
(a) consumer financial services whose price depends on fluctuations in the financial market outside the traders control, which may occur during the withdrawal period, such as, but not limited to, services related to:
2023/01/18
Committee: IMCO
Amendment 160 #

2022/0147(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 Directive 2011/83/EU
— foreign exchangeinancial instruments as defined in Annex I, Section C of Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments (Mifid II);
2023/01/18
Committee: IMCO
Amendment 161 #

2022/0147(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16b – paragraph 2 – point a –indent 2
money marpackaged retail and insurance- based investment product’ or ‘PRIIP’, as defined in Article 4 of Regulation (EU) No 1286/2014 of the European Parliament and of the Council of 26 November 2014 on kety instruments; transferable securitiesformation documents for packaged retail and insurance-based investment products (PRIIPs);
2023/01/18
Committee: IMCO
Amendment 162 #

2022/0147(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16b – paragraph 2 – point a – indent 3
— units in collective investment undertakings;deleted
2023/01/18
Committee: IMCO
Amendment 163 #

2022/0147(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16b – paragraph 2 – point a – indent 4
— financial-futures contracts, including equivalent cash-settled instruments;deleted
2023/01/18
Committee: IMCO
Amendment 164 #

2022/0147(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16b – paragraph 2 – point a – indent 6
— interest-rate, currency and equity swaps;deleted
2023/01/18
Committee: IMCO
Amendment 165 #

2022/0147(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16b – paragraph 2 – point a – indent 7
— options to acquire or dispose of any instruments referred to in this point including equivalent cash-settled instruments. This category includes in particular options on currency and on interest rates;deleted
2023/01/18
Committee: IMCO
Amendment 177 #

2022/0147(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16b – paragraph 5– subparagraph 1
Member States shall ensure that, for distance contracts concluded by electronic means, the trader provides on-line adequate and comprehensive information aimed at ensuring an easy and conscious withdrawal from the contract, while the trader may provide a possibility to use a withdrawal button in order to facilitate the consumer’s exercise of the right of withdrawal. Such button shall be clearly labelled with the words ‘Withdraw from CIf this withdrawal button is offered by the trader, it shall be clearly labelled “Cancel the contract or a corresponding unambiguous formulationformulation without ambiguity.
2023/01/18
Committee: IMCO
Amendment 180 #

2022/0147(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16b – paragraph 5 – subparagraph 3
The trader shall ensure that the activation of the withdrawal button results in an instant confirmation notice to the consumer that the right of withdrawal has been exercised, which shall include the date and time of the exercise of the right of withdrawal. Confirmation of the exercise of the right of withdrawal shall be provided by the trader to the consumer on a durable medium.
2023/01/18
Committee: IMCO
Amendment 192 #

2022/0147(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16e
Article 16e Additional protection regarding online interfaces Without prejudice to Directive 2005/29/EC of the European Parliament and of the Council24 and Council Directive 93/13/EEC25 , Member States shall adopt measures requiring that traders, when concluding financial services contracts at a distance, do not use the structure, design, function or manner of operation of their online interface in a way that could distort or impair consumers’ ability to make a free, autonomous and informed decision or choice. _________________ 24 Directive 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’) (OJ L 149, 11.6.2005, p. 22). 25 Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ L 95, 21.4.1993, p. 29).deleted
2023/01/18
Committee: IMCO
Amendment 32 #

2022/0140(COD)

Proposal for a regulation
Recital 7
(7) In health systems, personal electronic health data is usually gathered in electronic health records, which typically contain a natural person’s medical history, diagnoses and treatment, medications, allergies, immunisations, as well as radiology images and laboratory results, spread between different entities from the health system (general practitioners, hospitals, pharmacies, care services). A patient’s Covid vaccination status does not need to be included in the electronic health data. In order to enable that electronic health data to be accessed, shared and changed by the natural persons or health professionals, some Member States have taken the necessary legal and technical measures and set up centralised infrastructures connecting EHR systems used by healthcare providers and natural persons. Alternatively, some Member States support public and private healthcare providers to set up personal health data spaces to enable interoperability between different healthcare providers. Several Member States have also supported or provided health data access services for patients and health professionals (for instance through patients or health professional portals). They have also taken measures to ensure that EHR systems or wellness applications are able to transmit electronic health data with the central EHR system (some Member States do this by ensuring, for instance, a system of certification). However, not all Member States have put in place such systems, and the Member States that have implemented them have done so in a fragmented manner. In order to facilitate the free movement of personal health data across the Union and avoid negative consequences for patients when receiving healthcare in cross-border context, Union action is needed in order to ensure individuals have improved access to their own personal electronic health data and are empowered to share it.
2023/03/09
Committee: IMCO
Amendment 36 #

2022/0140(COD)

Proposal for a regulation
Recital 16
(16) Timely and full access of health professionals to the medical records of patients is fundamental for ensuring continuity of care and avoiding duplications and errors. However, due to a lack of interoperability, in many cases, health professionals cannot access the complete medical records of their patients and cannot make optimal medical decisions for their diagnosis and treatment, which adds considerable costs for both health systems and natural persons and may lead to worse health outcomes for natural persons. Electronic health data made available in interoperable format, which can be transmitted between healthcare providers are entirely controlled by the patient and can be shared by the patient with healthcare providers on a strictly voluntary basis, which can also reduce the administrative burden on health professionals of manually entering or copying health data between electronic systems. Therefore, health professionals should be provided with appropriate electronic means, such as health professional portals, to use personal electronic health data for the exercise of their duties. Moreover, the access to personal health records should be transparent to the natural persons and natural persons should be able to exercise full control over such access, including by limiting access to all or part of the personal electronic health data in their records. To that end, patients must be asked, in a clear and comprehensible manner, for their explicit consent whenever their personal health data could be shared. Health professionals should refrain from hindering the implementation of the rights of natural persons, such as refusing to take into account electronic health data originating from another Member State and provided in the interoperable and reliable European electronic health record exchange format.
2023/03/09
Committee: IMCO
Amendment 40 #

2022/0140(COD)

Proposal for a regulation
Recital 19
(19) The level of availability of personal health and genetic data in an electronic format varies between Member States. The EHDS should make it easier for natural persons who so wish to have those data available in electronic format. This would also contribute to the achievement of the target of 100% of Union citizens having access to their electronic health records by 2030, as referred to in the Policy Programme “Path to the Digital Decade”. In order to make electronic health data accessible and transmissible, such data should be accessed and transmitted in an interoperable common European electronic health record exchange format, at least for certain categories of electronic health data, such as patient summaries, electronic prescriptions and dispensations, medical images and image reports, laboratory results and discharge reports, subject to transition periods. Electronic health records should only be processed and stored on servers in Europe, under the supervision of Member States, and by European undertakings which provide the necessary technology and employees for those purposes. Where personal electronic health data is made available to a healthcare provider or a pharmacy by a natural person, or is transmitted by another data controller in the European electronic health record exchange format, the electronic health data should be read and accepted for the provision of healthcare or for dispensation of a medicinal product, thus supporting the provision of the health care services or the dispensation of the electronic prescription. Commission Recommendation (EU) 2019/24345provides the foundations for such a common European electronic health record exchange format. The use of European electronic health record exchange format shcouldbecome moregeneralised at EU andnational level. While the eHealth Network under Article 14 of Directive 2011/24/EU 46of the European Parliament and of the Council46 recommended Member States to use the European electronic health record exchange format in procurements, in order to improve interoperability, uptake was limited in practice, resulting in fragmented landscape and uneven access to and portability of electronic health data. _________________ 45 Commission Recommendation (EU) 2019/243 of 6 February 2019 on a European Electronic Health Record exchange format (OJ L 39, 11.2.2019, p. 18). 46 Directive 2011/24/EU of the European Parliament and of the Council of 9 March 2011 on the application of patients’ rights in cross-border healthcare (OJ L 88, 4.4.2011, p. 45).
2023/03/09
Committee: IMCO
Amendment 118 #

2022/0115(COD)

Proposal for a regulation
Recital 3
(3) For many years, geographical indication protection has been established at Union level for wines, spirit drinks6 , aromatised wines7 , as defined at Union level, as well as agricultural products and foodstuffs8 , as protected at Union level. It is appropriate to provide Union-wide geographical indication protection in respect of products falling outside the scope of existing regulations, while ensuring convergence, and aiming at encompassing a large variety of craft and industrial products, such as natural stones, jewellery, textiles, lace, cutlery, glass and porcelain. For most of these products, the link between quality and origin is provided by the tradition of production, so it is appropriate that this regulation can protect geographical names that coincide with the names of specific places or regions where the tradition of production in question is present in a known and established way. __________________ 6 Regulation (EU) 2019/787 of the European Parliament and of the Council of 17 April 2019 on the definition, description, presentation and labelling of spirit drinks, the use of the names of spirit drinks in the presentation and labelling of other foodstuffs, the protection of geographical indications for spirit drinks, the use of ethyl alcohol and distillates of agricultural origin in alcoholic beverages, and repealing Regulation (EC) No 110/2008 (OJ L 130, 17.5.2019, p. 1). 7 Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ L 347 20.12.2013, p. 671). 8 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).
2022/11/10
Committee: IMCO
Amendment 123 #

2022/0115(COD)

Proposal for a regulation
Recital 13
(13) Member States should have the possibility to charge a registration fee to cover their costs of managing the geographical indication system for craft and industrial products. Member States should charge lower fees for micro, small or medium-sized enterprises (MSMEs). The Office should not charge a fee for the management of the Union application process. However, the Office should have the possibility to charge a fee for the direct registration. In that case, the fees charged by the Office should be laid down by an implementing act in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council14 . __________________ 14 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
2022/11/10
Committee: IMCO
Amendment 127 #

2022/0115(COD)

Proposal for a regulation
Recital 14
(14) To qualify for protection in the Member States, geographical indications should be registered only at Union level. However, with effect from the date of application for such registration at Union level, Member States should be able to grant temporary protection at national level without affecting the internal market of the Union or international trade. The protection afforded by this Regulation upon registration should be equally available to geographical indications of third countries that meet the corresponding criteria and that are protected in their country of origin. The Office should carry out the corresponding procedures for geographical indications originating in third countries.
2022/11/10
Committee: IMCO
Amendment 129 #

2022/0115(COD)

Proposal for a regulation
Recital 15
(15) The procedures for registration, amendments to the product specification and cancellation of the registration in respect of geographical indications originating in the Union under this Regulation should be carried out by the Member States and the Office. The Member States and the Office should be responsible for distinct stages of the procedures. Member States should be responsible for the first stage, which consists of receiving the application from the applicants, assessing it, running the national opposition procedure, and, following the positive results of the assessment, submitting the Union application to the Office. The Office should be responsible for examining the applications in the second stage of the procedure, running the worldwide opposition procedure at the European level and taking a decision on granting or refusing the protection to the geographical indication. The Office should also carry out the corresponding procedures for geographical indications originating in third countries, without prejudice to the direct registration procedure.
2022/11/10
Committee: IMCO
Amendment 132 #

2022/0115(COD)

Proposal for a regulation
Recital 17
(17) It is possible for certain Member States to obtain a derogation from the Member States’ obligation to designate a national authority in respect of geographical indications for craft and industrial products to take charge of the procedures for registration, national opposition, amendments to the product specification and cancellation of the registration under certain circumstances specified in this Regulation. That derogation, that should take the form of a Commission Decision, takes into account the fact that certain Member States do not have a specific national system for the management of geographical indications for craft and industrial products and that the local interest in these countries to protect these geographical indications is minimal. Under these circumstances, it would not be justified to oblige the respective Member State to set up an infrastructure, employ the necessary personnel and purchase facilities for the management of these geographical indications. It is more effective and economical to provide an alternative procedure for the producer groups from these Member States to protect their products by a geographical indication. The “direct registration procedure” has cost advantages reaped by Member States. Pursuant to this derogation, procedures for registration, amendments to the product specification and cancellation should be managed directly by the Office. In this regard the Office should receive the effective assistance of the administrative authorities of that Member State when required by the Office, through designation of a contact point, as regards in particular aspects related to the examination of the application. In those cases, the Office should be entitled to charge a registration fee, considering that this procedure generates more work for the Office than the management of Union applications. However, the application of the “direct registration procedure” should not exempt Member States from the obligation to designate a competent authority for the controls and enforcement and to take the necessary actions to enforce the rights set out in this Regulation. The competent authority maintained or designated for the management of the geographical indications and the competent authority designated for the controls and enforcement may differ, when a Member State so decides.
2022/11/10
Committee: IMCO
Amendment 136 #

2022/0115(COD)

Proposal for a regulation
Recital 21
(21) The Commission should have the right to take over from the Office the power to decide concerning individual applications for registration, amendments to the product specification or cancellation. The Office should remain responsible for the examination of the file, the opposition procedure, when needed, and based on technical considerations, it shall submit a proposal for an implementing act to the Commission. Any Member State or the Office may request the Commission to exercise this prerogative. The Commission may also act on its own initiative.deleted
2022/11/10
Committee: IMCO
Amendment 144 #

2022/0115(COD)

Proposal for a regulation
Recital 38
(38) The use of Union symbols and indications on the packaging of craft and industrial products designated by a geographical indication should be recommended in order to make this category of products, and the guarantees attached to them, better known to consumers and to permit easier identification of these products on the market, thereby facilitating checks. The use of such symbols or indications should remain voluntary for third-country geographical indications.
2022/11/10
Committee: IMCO
Amendment 156 #

2022/0115(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point a
(a) the registration, protection, control and enforcement of certain names that identify craft and industrial products with given quality, reputation or other characteristics linked to their geographical origin and,
2022/11/10
Committee: IMCO
Amendment 159 #

2022/0115(COD)

Proposal for a regulation
Article 2 – paragraph 1
1. This Regulation applies to craft and industrialnon- agricultural and non-food products listed under the combined nomenclature set out in Annex I to Council Regulation (EEC) No 2658/8724 Products covered by Regulation (EU) 2019/787 of the European Parliament and of the Council, Regulation (EU) No 1308/2013 of the European Parliament and of the Council and Regulation (EU) No 1151/2012 of the European Parliament and of the Council are also excluded from the scope of this Regulation. __________________ 24 Council Regulation (EEC) N0 2685/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff Regulation (OJ L 256, 7.9.1987 p.1)
2022/11/10
Committee: IMCO
Amendment 163 #

2022/0115(COD)

Proposal for a regulation
Article 2 – paragraph 2
2. This Regulation does not apply to spirit drinks as referred in Regulation (EU) 2019/787 of the European Parliament and of the Council25 , wines as defined in Regulation (EU) No 1308/2013 of the European Parliament and of the Council26 , nor to agricultural products and foodstuffs as protected by Regulation (EU) No 1151/2012 of the European Parliament and of the Council27 . __________________ 25 Regulation (EU) 2019/787 of the European Parliament and of the Council of 17 April 2019 on the definition, description, presentation and labelling of spirit drinks, the use of the names of spirit drinks in the presentation and labelling of other foodstuffs, the protection of geographical indications for spirit drinks, the use of ethyl alcohol and distillates of agricultural origin in alcoholic beverages, and repealing Regulation (EC) No 110/2008 (OJ L 130, 17.5.2019, p. 1). 26 Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ L 347 20.12.2013, p. 671). 27 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).deleted
2022/11/10
Committee: IMCO
Amendment 168 #

2022/0115(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point a
(a) ‘craft products’ means products produced either totally by hand ormade by undertakings that national law defines as artisan, with the aid of manual tools or by mechanical means, whenever or digital means, including withe direct manual contribution is the mostinput during the production process which constitutes an important component of the finished product;
2022/11/10
Committee: IMCO
Amendment 176 #

2022/0115(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point d
(d) ‘producer group’ means any association, irrespective of its legal form, mainly composed of producers or processors, manufacturers, processors or any other operator working with the same product;
2022/11/10
Committee: IMCO
Amendment 181 #

2022/0115(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point f
(f) ‘traditional’ and 'tradition', when associated with a product originating in a geographical area, means proven historical usage by producers in a professional community for a period that allows transmission between generations;
2022/11/10
Committee: IMCO
Amendment 184 #

2022/0115(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point g
(g) 'producer' means an operator engaged in anyone or more production step of a product the name of which is protected as a geographical indication, including processing activities, covered by the product specification;
2022/11/10
Committee: IMCO
Amendment 185 #

2022/0115(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point h – point i
(i) the common names of products in the Union or the names of products which, although relating to the place, region or country where the product was originally produced or marketed, have become the common name of a product in the Union or do not have a given quality, reputation or other characteristics traditionally linked to their geographical origin;
2022/11/10
Committee: IMCO
Amendment 186 #

2022/0115(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point h – point ii
(ii) a common term descriptive of the type of product, or product attributes or other terms that do not refer to specific product;
2022/11/10
Committee: IMCO
Amendment 194 #

2022/0115(COD)

Proposal for a regulation
Article 5 – paragraph 1 – introductory part
For the name of a craft andor industrial product to qualify for “geographical indication” protection, the product shall comply with the following requirements:
2022/11/10
Committee: IMCO
Amendment 201 #

2022/0115(COD)

Proposal for a regulation
Article 6 – paragraph 2
2. An authority designated by a Member State may be deemed to be an applicant producer group for the purposes of this Title, if it is not feasible for the producers concerned to form a group by reason of their number, geographical location or organisational characteristics. Where such representation takes place, the application referred to in Article 11(3) shall state these reasons for such representation.deleted
2022/11/10
Committee: IMCO
Amendment 203 #

2022/0115(COD)

Proposal for a regulation
Article 6 – paragraph 3 – introductory part
3. A single producer may be deemed to be an applicant producer group for the purposes of this Title, where both of the following conditions are fulfilled: if the person concerned is the only producer willing to submit an application for the registration of a geographical indication.
2022/11/10
Committee: IMCO
Amendment 204 #

2022/0115(COD)

Proposal for a regulation
Article 6 – paragraph 3 – point a
(a) the person concerned is the only producer willing to submit an application for the registration of a geographical indication;deleted
2022/11/10
Committee: IMCO
Amendment 205 #

2022/0115(COD)

Proposal for a regulation
Article 6 – paragraph 3 – point b
(b) the geographical area concerned is defined by natural features without reference to property boundaries and has characteristics which differ appreciably from those of neighbouring areas or the characteristics of the product are different from those produced in neighbouring areas.deleted
2022/11/10
Committee: IMCO
Amendment 208 #

2022/0115(COD)

Proposal for a regulation
Article 6 – paragraph 4
4. In the case of a geographical indication that designates a cross-border geographical area, producer groups from different Member States may lodge a joint application for the registration of a geographical indication from either Member State. When the cross-border geographical area concerns a Member State and a third country, they may lodge a joint application for registration with the national authority of the Member State concerned. When the cross-border geographical area concerns several third countries, several producer groups may lodge a joint application with the Office.
2022/11/10
Committee: IMCO
Amendment 210 #

2022/0115(COD)

Proposal for a regulation
Article 7 – paragraph 1 – introductory part
1. Craft and industrial products the names of which are registered as a geographical indication shall comply with a product specification, which shall include at least:
2022/11/10
Committee: IMCO
Amendment 211 #

2022/0115(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point a
(a) the name to be protected as geographical indication which may be either a geographical name of the place of production of a specific product, or a name used in trade or in common language to describe the specific product in the defined geographical area or both;
2022/11/10
Committee: IMCO
Amendment 227 #

2022/0115(COD)

Proposal for a regulation
Article 8 – paragraph 1 – point a – point i a (new)
(ia) the type of products;
2022/11/10
Committee: IMCO
Amendment 229 #

2022/0115(COD)

Proposal for a regulation
Article 8 – paragraph 1 – point a – point ii a (new)
(iia) a description of the method of producing or obtaining the product, where appropriate, the traditional method and specific practices used;
2022/11/10
Committee: IMCO
Amendment 232 #

2022/0115(COD)

Proposal for a regulation
Article 9 – paragraph 2
2. The Commission shall be empowered to adopt delegated acts supplementing this Regulation by provisions clarifying the requirements or listing additional items of the accompanying documentation to be supplied.
2022/11/10
Committee: IMCO
Amendment 233 #

2022/0115(COD)

Proposal for a regulation
Article 10 – paragraph 1
1. Member States may charge a fee to cover the costs of managing the geographical indication system for craft and industrial products provided for in this Regulation, including those incurred in processing applications, statements of opposition, applications for amendments and requests for cancellations.deleted
2022/11/10
Committee: IMCO
Amendment 236 #

2022/0115(COD)

Proposal for a regulation
Article 10 – paragraph 2
2. Where a Member State charges a fee, for the administrative costs of filing applications the level of the fees shall be reasonable, foster the competitiveness of the producers of the geographical indications and shall take into account the situation of micro, small and medium-sized enterprises, enabling them full access to the protection of geographical indications and the safeguarding of their intellectual property rights.
2022/11/10
Committee: IMCO
Amendment 240 #

2022/0115(COD)

Proposal for a regulation
Article 10 – paragraph 4
4. By way of derogation to paragraph 3 of this Article, the Office shall charge a fee in the direct registration procedure referred to in Article 15, in the procedure referred to in Article 17(3) and for the appeals before the Boards of Appeal referred to in Article 30. Fees may be charged also for the amendment of the product specification and cancellation if the procedure concerns a name that was registered under Article 15 or Article 17(3).deleted
2022/11/10
Committee: IMCO
Amendment 242 #

2022/0115(COD)

Proposal for a regulation
Article 10 – paragraph 5
5. The Commission shall adopt implementing acts to determine the amounts of the fees charged by the Office and the ways in which they are to be paid or, in case of the fee for appeals before the Boards of Appeal, reimbursed. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 65(2).deleted
2022/11/10
Committee: IMCO
Amendment 245 #

2022/0115(COD)

Proposal for a regulation
Article 11 – paragraph 4
4. TIn the case of geographical indication that designates a cross-border geographical area, two or more Member States may agree that the competent authority of one Member State is in charge of the national phase of the registration and other procedures, including the submission of the Union application to the Office, also on behalf of the other Member State, or Member States.
2022/11/10
Committee: IMCO
Amendment 248 #

2022/0115(COD)

Proposal for a regulation
Article 12 – paragraph 1
The competent authority shall examine the application and shall check that the product complies with the requirements for geographical indications referred to in Article 5 and provides the necessary information for registration referred to in Articles 7, 8 and 9. The competent authority shall, where appropriate, enter into consultation with the most representative local, regional or national sector associations to obtain their opinion.
2022/11/10
Committee: IMCO
Amendment 252 #

2022/0115(COD)

Proposal for a regulation
Article 13 – paragraph 2
2. The competent authority shall establish the detailed arrangements of the opposition procedure. Those detailed arrangements may include criteria for the admissibility of an opposition, a period of consultation between the applicant and each national opponent, and submission of a report from the applicant on the outcome of the consultations including any changes the applicant has made to the application. When the national opposition procedure is concluded, the competent authority shall draw up and publish a report.
2022/11/10
Committee: IMCO
Amendment 269 #

2022/0115(COD)

Proposal for a regulation
Article 17 – paragraph 3
3. For geographical indications concerning products originating in a third country or countries the application for registration is submittdeleted the product specification referred the single document referred to in the Office, such application for registration shall comprise: (a) to in Article 7 together with its publication reference; (b) Article 8; (c) referred to in Article 9; (d) geographical indication in its country of origin; (e) applicant is represented by an agent.accompanying documentation legal proof of protection of the a power of attorney where the
2022/11/10
Committee: IMCO
Amendment 272 #

2022/0115(COD)

Proposal for a regulation
Article 17 – paragraph 4
4. A joint application for registration referred to in Article 6(4) shall be submitted to the Office by one of the Member States concerned or by the applicant producer group in a third country, directly or by the competent authority of that third country. If the cross- border area concerns any Member State and a third country, the joint application shall be submitted by the Member State concerned.
2022/11/10
Committee: IMCO
Amendment 274 #

2022/0115(COD)

Proposal for a regulation
Article 17 – paragraph 5
5. The joint application referred to in Article 6(4) shall include, where relevant, the documents listed in paragraphs 1 and 2 of this Article, from the Member States or third countries, in case of a cross-border geographical area with one or more non-EU countries, from a third country concerned. The related national procedure for application, the examination and opposition procedure referred to in Articles 11, 12 and 13 shall be carried out in all the Member States and from a third countriesy concerned.
2022/11/10
Committee: IMCO
Amendment 276 #

2022/0115(COD)

Proposal for a regulation
Article 17 – paragraph 6
6. The Commission shall be empowered to adopt delegated acts defining procedures and conditions applicable to the preparation and submission of Union applications for registration.
2022/11/10
Committee: IMCO
Amendment 277 #

2022/0115(COD)

Proposal for a regulation
Article 18 – paragraph 2
2. Where the application for registration relates to a geographical area in a third country, the application shall be submitted to the Office, either directly by the applicant producer group or by the competent authority of the third country concerned. The digital system, referred to in paragraph 1, shall have capacity to allow the submission of those applications by an applicant producer group established in a third country and by the competent authorities in the third country concerned. The applicant producer group and the competent authorities of the third country concerned shall be considered a party to the procedure.deleted
2022/11/10
Committee: IMCO
Amendment 279 #

2022/0115(COD)

Proposal for a regulation
Article 19 – paragraph 4
4. The Office may seek supplementary information from the Member State concerned. If the application is lodged by a producer group from a third country or by the competent authority of a third country, such producer group or competent authority shall provide supplementary information where requested to do so by the Office.
2022/11/10
Committee: IMCO
Amendment 280 #

2022/0115(COD)

Proposal for a regulation
Article 19 – paragraph 6
6. Where, based on the examination carried out pursuant to paragraph 1, the Office finds that the application is incomplete or incorrect, the Office shall send its observations to the Member State or in case of third country applications, to the relevant producer group or competent authority that has submitted the Union application, from where that application originates and request to complete or to correct the application within 60 days. If the Member State, or in case of third country applications, the relevant producer group or competent authority, does not complete the application within the deadline, the application shall be considered to be withdrawn, or if not corrected, it shall be rejected pursuant to Article 24(2).
2022/11/10
Committee: IMCO
Amendment 289 #

2022/0115(COD)

Proposal for a regulation
Article 23 – paragraph 2
2. The Office may decide to extend the transitional period granted under paragraph 1 up to 15 years, or allowing continued use for up to 15 years, provided it is additionally shown that: (a) referred to in paragraph 1 has been in legal use consistently and fairly for at least 25 years before the application for registration of the concerned geographical indication was submitted to the Office; (b) the designation referred to in paragraph (1) has not, at any time, been to profit from the reputation of the name of the product that has been registered as geographical indication; and (c) the consumer has not been or could not have been misled as to the true origin of the product.deleted the name in the designation the purpose of using the name in
2022/11/10
Committee: IMCO
Amendment 292 #

2022/0115(COD)

Proposal for a regulation
Article 23 – paragraph 6
6. Paragraph 5 shall apply mutatis mutandis to a geographical indication referring to a cross-border geographical area swituated inh a third country, with the exception of the opposition procedure.
2022/11/10
Committee: IMCO
Amendment 295 #

2022/0115(COD)

Proposal for a regulation
Article 25
Decision by the Commission 1. registration referred to in Article 17, the Commission may take over from the Office, at any time before the end of the procedure, on its own initiative, on the initiative of a Member State or the Office, the power to decide on the application for registration of the proposed geographical indication where such decision may jeopardise the public interest or the Union’s trade or external relations. The Office shall submit a proposal to the Commission for a decision pursuant to Article 24(2) to 24(6). The Commission shall adopt the final act on the application for registration. This paragraph shall apply mutatis mutandis to the cancellation and the amendment of the product specification. 2. paragraph 1 of this Article, the Commission shall adopt implementing acts on the protection of the geographical indication. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 65(2) and shall be published in the Official Journal of the European Union and in the Union register of geographical indications for craft and industrial products. 3. Commission has access to the documents concerning the applications for registration, any amendment of the product specification and cancellation through the digital system referred to in Article 18(1) and Article 26(1).Article 25 deleted Concerning applications for In situations referred to in The Office shall ensure that the
2022/11/10
Committee: IMCO
Amendment 306 #

2022/0115(COD)

Proposal for a regulation
Article 28 – paragraph 4
4. Union amendments shall be approved by the Office or, where Article 25 applies, the Commission. The approval procedure shall follow mutatis mutandis the procedure and publication requirements laid down in Articles 6 to 254.
2022/11/10
Committee: IMCO
Amendment 307 #

2022/0115(COD)

Proposal for a regulation
Article 28 – paragraph 8
8. Standard amendments shall be approved by Member States or third countries in whose territory the geographical area of the product concerned is located. Such amendments shall be communicated to the Office. Where Article 25 applies, the Office shall approve the standard amendments. The Office shall make those amendments public in the Union register of geographical indications for craft and industrial products.
2022/11/10
Committee: IMCO
Amendment 309 #

2022/0115(COD)

Proposal for a regulation
Article 29 – paragraph 1 – introductory part
1. The Office may, own its own initiative or on a duly substantiated request by a Member State, a third country or any natural or legal person having a legitimate interest, decide to cancel the registration of a geographical indication in the following cases:
2022/11/10
Committee: IMCO
Amendment 314 #

2022/0115(COD)

Proposal for a regulation
Article 29 – paragraph 4
4. Before deciding to cancel the registration of a geographical indication, the Office shall consult the competent authority of the Member State, the competent authorities of the third country or,or where possible, the third country producer group which had applied for the registration of the geographical indication concerned, unless the cancellation is directly requested by the original applicants. Any natural person affected by the cancellation of the registration of a geographical indication may submit observations during the cancellation procedure. If the geographical indication was registered pursuant to Article 15, the Office shall consult the Advisory Board referred to in Article 33.
2022/11/10
Committee: IMCO
Amendment 326 #

2022/0115(COD)

Proposal for a regulation
Article 35 – paragraph 1 – introductory part
1. Geographical indications entered in the Union register of geographical indications for craft and industrial products and geographical indications protected under an international agreement within the Union shall be protected against:
2022/11/10
Committee: IMCO
Amendment 328 #

2022/0115(COD)

Proposal for a regulation
Article 35 – paragraph 1 – point a
(a) any direct or indirect commercial use of the geographical indication in respect of products not covered by the registration, where those products are identical or similar to the products registered under that geographical indication or where use of the name exploits, weakens, dilutes, or is detrimental to the reputation of, the protected geographical indication even if these products are parts or components of manufactured products;
2022/11/10
Committee: IMCO
Amendment 331 #

2022/0115(COD)

Proposal for a regulation
Article 35 – paragraph 1 – point b
(b) any misuse, counterfeiting, imitation or evocation, even if the true origin of the products or services is indicated or if the protected geographical indication is translated or accompanied by an expression such as ‘style’, ‘type’, ‘method’, ‘as produced in’, ‘imitation’, ‘flavour’, ‘like’ or similar, even if these products are parts or components of manufactured products;
2022/11/10
Committee: IMCO
Amendment 334 #

2022/0115(COD)

Proposal for a regulation
Article 35 – paragraph 2
2. For the purposes of paragraph 1, point (b), the evocation of a geographical indication shall be deemed to arise, in particular, where a term, sign, or other labelling or packaging device presents a direct and clear linkclear link is present with the product covered by the registered geographical indication in the mind of the reasonably circumspect consumer, thereby exploiting, weakening, diluting or being detrimental to the reputation of the registered name.
2022/11/10
Committee: IMCO
Amendment 336 #

2022/0115(COD)

Proposal for a regulation
Article 35 – paragraph 5
5. The producer group or any producer that is entitled to usethe holder of the protected geographical indication shall be entitled to prevent all third parties from bringing goods, in the course of trade, into the Union without being released for free circulation there, where such goods, including packaging, come from third countries and are contrary to paragraph 1.
2022/11/10
Committee: IMCO
Amendment 342 #

2022/0115(COD)

Proposal for a regulation
Article 37 – paragraph 1
1. Generic terms not associated with names of a specific place, region or country shall not be registered as a geographical indication.
2022/11/10
Committee: IMCO
Amendment 343 #

2022/0115(COD)

Proposal for a regulation
Article 37 – paragraph 2
2. To establish whether or not a term has become generic, account shall be takendeleted the existing situation in areas of allthe relevant factors, in particular: (a) consumption; (b) legal acts.Union or national
2022/11/10
Committee: IMCO
Amendment 345 #

2022/0115(COD)

Proposal for a regulation
Article 39
A name shall not be registered as a geographical indication where, in the light of a trade mark’s reputation and renown, registration of the name proposed as a geographical indication could mislead the consumer as to the true identity of the product.rticle 39 deleted Trade marks
2022/11/10
Committee: IMCO
Amendment 347 #

2022/0115(COD)

Proposal for a regulation
Article 40 – paragraph 1
1. Member States or the Office, when Article 15 applies, shall verify that the producer group operates in a transparent and democratic manner and that all producers of the product designated by the geographical indication enjoy right of membership in the group. Member States may provide that public officials, and other stakeholders such as consumer groups, retailers and suppliers, also participate in the work of the producer group.
2022/11/10
Committee: IMCO
Amendment 349 #

2022/0115(COD)

Proposal for a regulation
Article 40 – paragraph 2 – point a
(a) develop and amend the product specification and manage internal controls that ensure compliance of production steps of product designated by the geographical indication with that specification;
2022/11/10
Committee: IMCO
Amendment 352 #

2022/0115(COD)

Proposal for a regulation
Article 40 – paragraph 2 – point b
(b) take legal action to ensure the protection of the geographical indication and of the intellectual property rights that are directly connected with it and prevent and counteract any measures that are or risk being detrimental to the image of their products;
2022/11/10
Committee: IMCO
Amendment 353 #

2022/0115(COD)

Proposal for a regulation
Article 40 – paragraph 2 – point c
(c) agree sustainability undertakings, whether or not included in the product specification or as a separate initiative, including arrangements for verification of compliance with these undertakings and assuring adequate publicity for them in particular in an information system provided by the Commission;
2022/11/10
Committee: IMCO
Amendment 355 #

2022/0115(COD)

Proposal for a regulation
Article 40 – paragraph 2 – point d – point v
(v) providing advice and training to current and future producers, including on gender mainstreaming and equality; and
2022/11/10
Committee: IMCO
Amendment 358 #

2022/0115(COD)

Proposal for a regulation
Article 42 – paragraph 2
2. The Office and, when applicable, the competent national authorities shall invalidate ex officio trade marks registered in breach of paragraph 1.
2022/11/10
Committee: IMCO
Amendment 360 #

2022/0115(COD)

Proposal for a regulation
Article 42 – paragraph 4
4. Without prejudice to paragraph 2 of this Article, a trade mark the use of which contravenes Article 35, which has been applied for, registered, or established by use in good faith within the territory of the Union, if that possibility is provided for by the legislation concerned, or protected within the territory of the Union before the date on which the application for registration of the geographical indication is submitted to the Office, may continue to be used and reneweduntil the expiry of the trade mark registration, notwithstanding the registration of a geographical indication, provided that no grounds for invalidity or revocation of the trade mark exist under Directive (EU) 2015/243632 of the European Parliament and of the Council or Regulation (EU) 2017/1001. In such cases, the use of the geographical indication and that of the relevant trade mark shall be permitted. After the expiry of the trade mark registration, products so labelled may be marketed until the stocks are exhausted. __________________ 32 Directive (EU) 2015/2436 of the European Parliament and of the Council of 16 December 2015 to approximate the laws of the Member States relating to trade marks (OJ L 336, 23.12.2015, p. 1).
2022/11/10
Committee: IMCO
Amendment 361 #

2022/0115(COD)

Proposal for a regulation
Article 43 – paragraph 1
1. A registered geographical indication may be used by any producer marketing a product conforming to the corresponding product specification or to a single document or an equivalent to the latter.
2022/11/10
Committee: IMCO
Amendment 364 #

2022/0115(COD)

Proposal for a regulation
Article 44 – paragraph 2
2. In the case of craft and industrial products originating in the Union that are marketed under a geographical indication, the Union symbol referred to in paragraph 1 mayshall appear on the labelling and advertising material. The geographical indication shall be in the same field of vision as the Union symbol.
2022/11/10
Committee: IMCO
Amendment 365 #

2022/0115(COD)

Proposal for a regulation
Article 44 – paragraph 3
3. The abbreviation ‘PGI’ corresponding to the indication ‘protected geographical indication’ mayshall appear on the labelling of products designated by a geographical indication of craft and industrial products and, where applicable, on the advertising material.
2022/11/10
Committee: IMCO
Amendment 367 #

2022/0115(COD)

Proposal for a regulation
Article 44 – paragraph 5
5. After the submission of a Union application for the registration of a geographical indication, producers may indicate on the labelling, and in the presentation, of the product that an application has been filed in compliance with Union law.deleted
2022/11/10
Committee: IMCO
Amendment 369 #

2022/0115(COD)

Proposal for a regulation
Article 44 – paragraph 6
6. The Union symbol indicating the protected geographical indication and the Union indication ‘protected geographical indication’ and the abbreviation ‘PGI’ as relevant, may appear on the labelling and, where applicable, on advertising material only after the publication of the decision on registration in accordance with Articles 24 and 25.
2022/11/10
Committee: IMCO
Amendment 370 #

2022/0115(COD)

Proposal for a regulation
Article 44 – paragraph 7
7. Where an application is rejected, any products labelled in accordance with paragraph 4 may be marketed until the stocks are exhausted.deleted
2022/11/10
Committee: IMCO
Amendment 371 #

2022/0115(COD)

Proposal for a regulation
Article 44 – paragraph 8 – introductory part
8. TIn order not to mislead the reasonably cautious consumer as to the origin of the products, the following mayshall also appear on the labelling:
2022/11/10
Committee: IMCO
Amendment 372 #

2022/0115(COD)

Proposal for a regulation
Article 44 – paragraph 8 – point a
(a) depictions of the geographical area of origin, as referred to in the product specification; and
2022/11/10
Committee: IMCO
Amendment 373 #

2022/0115(COD)

Proposal for a regulation
Article 44 – paragraph 8 – point b
(b) text, graphics or symbolindication of the country of origin of the product ("Made in [country of origin]") and emblems or flags referring to the Member State or the region in which that geographical area of origin is located.
2022/11/10
Committee: IMCO
Amendment 374 #

2022/0115(COD)

Proposal for a regulation
Article 44 – paragraph 8 – subparagraph 1 (new)
Where the size or nature of the product does not allow for the indications in (a) and (b), such information shall be provided on the packaging or in a document accompanying the product.
2022/11/10
Committee: IMCO
Amendment 375 #

2022/0115(COD)

Proposal for a regulation
Article 44 – paragraph 9
9. The Union symbol associated with a geographical indication entered in the Union Register of geographical indications for craft and industrial products designating craft and industrial product originating in third countries, may appear on the product labelling and advertising material, in which case the symbol shall be used in conformity with paragraph 2.deleted
2022/11/10
Committee: IMCO
Amendment 378 #

2022/0115(COD)

Proposal for a regulation
Article 46 – paragraph 4
4. In respect of geographical indications that designate products originating indeleted a public competent a uthird country, the verification of compliance with the specifications before placing the product on the market shall be carried out by : (a) designated by the third country; or (b) bodies.ority one or more product certification
2022/11/10
Committee: IMCO
Amendment 380 #

2022/0115(COD)

Proposal for a regulation
Article 46 – paragraph 6
6. The costs of verification of compliance with the product specification may be borne by the producers, which are subject to those controls. Member States may also contribute to those costs, in particular for micro, small, medium-sized enterprises.
2022/11/10
Committee: IMCO
Amendment 383 #

2022/0115(COD)

Proposal for a regulation
Article 48 – paragraph 2
2. The enforcement authority shall carry out controls, based on a risk analysis and notifications of interested producers of products designated by geographical indications, to ensure conformity with the product specification or the single document or an equivalent to the latter.
2022/11/10
Committee: IMCO
Amendment 386 #

2022/0115(COD)

Proposal for a regulation
Article 48 – paragraph 5 a (new)
5a. As provided for in Article 47(c), applicant producer groups as referred to in Article 6, which obtained the registration of the geographical indication, shall be entitled to notify the authorities designated pursuant to paragraph 1 in order for them to carry out checks as provided for in this Title. In such cases, upon request by the associations, the authorities shall provide information on the progress of the process initiated by such notification.
2022/11/10
Committee: IMCO
Amendment 396 #

2022/0115(COD)

Proposal for a regulation
Article 60 – paragraph 1 – point 7 – point b
Regulation (EU)2019/1753
Article 7 – paragraph 2
In respect of craft and industrial geographical indications, the decision whether to grant protection shall be adopted by the Office, or, in cases referred to in Article 25 of Regulation (EU) 2022/…, by the Commission.. The related implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15(2).
2022/11/10
Committee: IMCO
Amendment 399 #

2022/0115(COD)

Proposal for a regulation
Article 67 – paragraph 3
3. In accordance with the procedure laid down in Articles 17 to 254, the Office or, in cases referred to in Article 25, the Commission shall register the names referred to in paragraph 2 of this Article, which comply with Articles 2, 5, 7 and 8. Article 21 and 22 shall not apply. However, generic terms shall not be registered.
2022/11/10
Committee: IMCO
Amendment 101 #

2022/0095(COD)

Proposal for a regulation
Recital 4
(4) In the absence of legislation at Union level, diverging national approaches to improving the environmental sustainability of products have already emerged, ranging from information requirements on the duration of software compatibility of electronic devices to reporting obligations on handling unsold durable goods. This is an indication that further national efforts to achieve the aimsless ambitious aims than those pursued by this Regulation will likely lead to further fragmentation of the internal market. Therefore, in order to safeguard the functioning of the internal market while ensuring a high level of environmental protection, there is a need for a regulatory framework to progressively introduce ecodesign requirements for products. This Regulation will, by making the ecodesign approach initially set out in Directive 2009/125/EC of the European Parliament and of the Council29 applicable to the broadest possible range of products, provide such a framework. _________________ 29 Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products (Text with EEA relevance) (OJ L 285, 31.10.2009, p. 10).
2022/12/06
Committee: IMCO
Amendment 105 #

2022/0095(COD)

Proposal for a regulation
Recital 5
(5) This Regulation will contribute to making products fit for a climate-neutral, more local, resource-efficient and circular economy, achieving the highest level of strategic independence for Member States, reducing waste and ensuring that the performance of frontrunners in sustainability progressively becomes the norm. It should provide for the setting of new ecodesign requirements to improve product durability, reusability, upgradability and reparability, improve possibilities for refurbishment and maintenance, address the presence of hazardous chemicals in products, increase their energy and resource efficiency, reduce their expected generation of waste materials and increase recycled content in products, while ensuring their performance and safety, enabling remanufacturing and high-quality recycling and reducing carbon and environmental footprints.
2022/12/06
Committee: IMCO
Amendment 116 #

2022/0095(COD)

(11) In order to create an effective and future-proof regulatory framework, it is necessary to allow for the setting of ecodesign requirements on all physical goods placed on the market or put into service, including components and intermediate products. This should allow the Commissions to take into account the broadest range of products possible when prioritising the establishment of ecodesign requirements and thereby maximise their effectiveness. Where needed, specific exemptions should be made when setting ecodesign requirements, for example for defence-related products or for products with a particular purpose that could not be fulfilled when complying with ecodesgign requirements. In addition, exemptions should be made at the level of the framework for those products for which it is already clear that ecodesign requirements would not be suitable or where other frameworks provide for the setting of such requirements. This should be the case for food and feed as defined in Regulation (EC) No 178/2002 of the European Parliament and of the Council44, medicinal products for human use as defined in Directive 2001/83/EC of the European Parliament and of the Council45, veterinary medicinal products as defined in Regulation (EU) 2019/6 of the European Parliament and of the Council46, living plants, animals and micro-organisms, products of human origin, and products of plants and animals relating directly to their future reproduction. _________________ 44 Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1). 45 Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (OJ L 311, 28.11.2001, p. 67). 46 Regulation (EU) 2019/6 of the European Parliament and of the Council of 11 December 2018 on veterinary medicinal products and repealing Directive 2001/82/EC (OJ L 4, 7.1.2019, p. 43).
2022/12/06
Committee: IMCO
Amendment 124 #

2022/0095(COD)

Proposal for a regulation
Recital 19 a (new)
(19 a) To encourage the consumption of sustainable products, traders should provide, before the conclusion of the contract, for all types of goods, where applicable as a first step, the reparability score of the good as provided by the producer in accordance with national and Union law. This reparability score shall be established according to several criteria, namely the availability and sale price of spare parts in relation to the price of new equipment, including the ordering procedure, information about the disassembly of and access to parts, the length of availability on the market of spare parts and delivery times, and the availability of a user and repair manual. This reparability score should be affixed directly to the product or its packaging. In shops it should be displayed on or in the immediate vicinity of the product, and on websites in the presentation of the equipment and close to the price. Within two years of this Directive entering into force, this reparability score should be extended to a wider category of goods.
2022/12/06
Committee: IMCO
Amendment 127 #

2022/0095(COD)

Proposal for a regulation
Recital 23
(23) To improve environmental sustainability of products, information requirements should relate to a selected product parameter relevant to the product aspect, such as the location of the stages of manufacture, the product’s environmental footprint or its durability. They may require manufacturer to make available information on the product’s performance in relation to a selected product parameter or other information that may influence the way the product is handled by parties other than the manufacturer in order to improve performance in relation to such a parameter. Such information requirements should be set either in addition to, or in place of, performance requirements on the same product parameter as appropriate. Where a delegated act includes information requirements, it should indicate the method for making the required information available, such as its inclusion on a free- access website, product passport or product label. Information requirements are necessary to lead to the behavioural change needed to ensure that the environmental sustainability objectives of this Regulation are achieved. By providing a solid basis for purchasers and public authorities to compare products on the basis of their environmental sustainability, information requirements are expected to drive consumers and public authorities towards more sustainable, i.e. more local and circular, choices.
2022/12/06
Committee: IMCO
Amendment 130 #

2022/0095(COD)

Proposal for a regulation
Recital 26
(26) The information requirements set under this Regulation should include the requirement to make available a product passport. The product passport is an important tool for making information available to actors along the entire value chain, such as the location of the stages of manufacture, and the availability of a product passport should significantly enhance end- to-end traceability of a product throughout its value chain. Among other things, the product passport should help consumers make informed choices by improving their access to product information relevant to them, allow economic operators other value chain actors such as repairers or recyclers to access relevant information, and enable competent national authorities to perform their duties. To this end, the product passport should not replace but complement non-digital forms of transmitting information, such as information in the product manual or on a label. In addition, it should be possible for the product passport to be used for information on other sustainability aspects applicable to the relevant product group pursuant to other Union legislation.
2022/12/06
Committee: IMCO
Amendment 136 #

2022/0095(COD)

Proposal for a regulation
Recital 31
(31) Digitalised information about the product and its life cycle or, where applicable, its passport should be easily identifiable and accessible by scanning a data carrier, such as a watermark or a quick response (QR) code. Where possible, the data carrier should be on the product itself to ensure the information remains accessible throughout its life cycle. However, exceptions are possible depending on the nature, size or use of the products concerned.
2022/12/06
Committee: IMCO
Amendment 142 #

2022/0095(COD)

Proposal for a regulation
Recital 39
(39) To drive consumers towards more sustainable choices, labels should, when required by the delegated acts adopted pursuant to this Regulation, provide information allowing for the effective comparison of products, for instance by indicating classes of performance and the location of the stages of manufacture. Specifically for consumers, physical labels can be an additional source of information at the place of sale. They can provide a quick visual basis for consumers to distinguish between products based on their performance in relation to a specific product parameter or set of product parameters. They should, where appropriate, also allow for the accessing of additional information by bearing specific references like website addresses, dynamic QR codes, links to online labels or any appropriate consumer-oriented means. The Commission should set out in the relevant delegated act the most effective way of displaying such labels, including in the case of online distance selling, taking into account the implications for customers and economic operators and the characteristics of the products concerned. The Commission may also require the label to be printed on the packaging of the product.
2022/12/06
Committee: IMCO
Amendment 162 #

2022/0095(COD)

Proposal for a regulation
Article premier – paragraph 2 – point a a (new)
(a a) defence-related products as defined in the Annex to Directive 2009/43/EC
2022/12/06
Committee: IMCO
Amendment 165 #

2022/0095(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 9 a (new)
(9 a) 'Reparability score' means a rating intended to be made known to consumers at the time of purchase of new equipment expressing the capacity of a good to be repaired, based on a methodology established in accordance with EU law
2022/12/06
Committee: IMCO
Amendment 269 #

2022/0095(COD)

Proposal for a regulation
Article 7 – paragraph 2 – point b – paragraph 1 a (new)
information for consumers and other end- users on the location of the stages of their manufacture;
2022/12/06
Committee: IMCO
Amendment 337 #

2022/0095(COD)

Proposal for a regulation
Article 14 – paragraph 1 – point d a (new)
(da) the information indicating the location of the manufacturing stages of the products;
2022/12/06
Committee: IMCO
Amendment 476 #

2022/0095(COD)

Proposal for a regulation
Annex III – paragraph 1 a (new)
information on the location of the various manufacturing stages;
2022/12/06
Committee: IMCO
Amendment 294 #

2022/0094(COD)

Proposal for a regulation
Recital 2
(2) In order for a construction product covered by a harmonised technical specification to be placed on the market, the manufacturer is obliged to draw a declaration of performance for such product. The manufacturer assumes the responsibility for the conformity of the product with such declared performance. Certain exemptions to this obligation are provided.
2022/12/20
Committee: IMCO
Amendment 303 #

2022/0094(COD)

Proposal for a regulation
Recital 17
(17) Construction products placed on the market in the outermost regions of the European Union are often imported from neighbouring countries, and are therefore not subject to requirements laid down in Union law. Subjecting those construction products to such requirements would be disproportionately costly. At the same time, construction products manufactured in the outermost regions hardly circulate in other Member States. Accordingly, Member States should have the possibility to exempt construction products placed on the market or directly installed in the outermost regions of the European Union from those requirements.deleted
2022/12/20
Committee: IMCO
Amendment 309 #

2022/0094(COD)

Proposal for a regulation
Recital 18 a (new)
(18 a) To provide predictability for manufacturers, public authorities and the wider construction ecosystem, the Commission should, at the latest 6 months after the entry into force of this Regulation and based on a scientific and evidence-based approach, adopt a working plan, covering at least 3 years, laying down a list of product groups for which it plans to adopt requirements and standardisation requests.
2022/12/20
Committee: IMCO
Amendment 313 #

2022/0094(COD)

Proposal for a regulation
Recital 28
(28) In particular, in the case of energy- related products included in ecodesign working plans which are also construction products and for intermediary products, with the exception of cement, priority for the setting of sustainability requirements will be given to the [ESPR]. This should be the case for instance fore intermediary products concerned are heaters, boilers, heat pumps, water and space heating appliances, fans, cooling and ventilating systems and photovoltaic products, excluding building- integrated photovoltaic panels. In this respect, a detailed definition of energy- related products together with a full list of energy-related products which are also construction products shall be drafted by the European Commission within the framework of the [ESPR] with the aim to avoid unnecessary legislative overlaps and duplications of sustainability requirements which may hinder the internal market. This Regulation may still intervene in a complementary manner where needed, mainly in relation to safety aspects also taking account of other Union legislation on products such as on gas appliances, low voltage, and machinery. For other products, in order to avoid unnecessary burden for economic operators, the need may arise in future to determine the conditions under which the fulfilment of obligations under other Union law also fulfils certain obligations under this Regulation. The power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to determine such conditions.
2022/12/20
Committee: IMCO
Amendment 319 #

2022/0094(COD)

Proposal for a regulation
Recital 40
(40) To create transparency for users of construction products and to avoid inappropriate use of those products, construction products and their intended use should be precisely identified by the manufacturer. For the same reason, the manufacturer should make clear whethern the construction products are intended for professional use only, or also for use by consumers. To ensure that construction products can be traced back, manufacturers should be indicated on the product or, where this is not possible e.g. due to the product’s size or surface, on its packaging or, where that is not possible either, in a document accompanying it.
2022/12/20
Committee: IMCO
Amendment 325 #

2022/0094(COD)

Proposal for a regulation
Recital 47
(47) In order to be able to make informed choices, users of construction products should be sufficiently well informed about the environmental performances of products, about their conformity with environmental requirements and of the degree of fulfilment of manufacturer’s environmental obligations in this regard. Therefore, the Commission is empowered to adopt delegated acts to establish specific labelling requirements which might include the easily understandable traffic light labelling.deleted
2022/12/20
Committee: IMCO
Amendment 326 #

2022/0094(COD)

Proposal for a regulation
Recital 52
(52) In order to avoid that 3D-printing is used to circumvent the obligations under this Regulation, 3D-printing service providers should have certain information obligations.deleted
2022/12/20
Committee: IMCO
Amendment 338 #

2022/0094(COD)

Proposal for a regulation
Article 1 – paragraph 1 – introductory part
This Regulation establishes harmonised rules for the making available on the market and direct installation of construction products, regardless of whether undertaken in the framework of a service or not, by establishing:
2022/12/20
Committee: IMCO
Amendment 339 #

2022/0094(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point a
(a) rules on how to express the environmental, including climate, and safety performance of construction products in relation to their essential characteristics;
2022/12/20
Committee: IMCO
Amendment 343 #

2022/0094(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point b
(b) environmental, including climate, functional and safety product requirements for construction products.
2022/12/20
Committee: IMCO
Amendment 345 #

2022/0094(COD)

Proposal for a regulation
Article 1 – paragraph 2
This Regulation also establishes obligations incumbent on economic operators dealing with construction products or their components or with products that could be regarded as construction products whilst not being intended by their manufacturer to be construction products.
2022/12/20
Committee: IMCO
Amendment 351 #

2022/0094(COD)

Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 1 – point a
(a) 3D-datasets placed on the market to permit the 3D-printing of construction products covered by this Regulation and 3D-printed construction products and moulds;
2022/12/20
Committee: IMCO
Amendment 355 #

2022/0094(COD)

Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 1 – point b
(b) materials intended to be used for the 3D-printing of construction products on or close to the construction site or for the manufacturing using moulds on or close to the construction siter for the manufacturing using moulds;
2022/12/20
Committee: IMCO
Amendment 358 #

2022/0094(COD)

Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 1 – point c
(c) construction products manufactured on the construction site for immediate incorporation into construction works, without separate commercial action for the placing on the market;deleted
2022/12/20
Committee: IMCO
Amendment 361 #

2022/0094(COD)

Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 1 – point f
(f) kits or assemblies, where their composition is specified in and covered by harmonised technical specifications or European assessment documents (EADs);deleted
2022/12/20
Committee: IMCO
Amendment 364 #

2022/0094(COD)

(g) prefabricated one-family-houses of less than 180 m2 surface floor space with one floor or of less than 100 m2 surface floor space on two floors.deleted
2022/12/20
Committee: IMCO
Amendment 367 #

2022/0094(COD)

Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 2
Member States may decide not to apply this Regulation for the houses referred to in point (g) by notification to the Commission.deleted
2022/12/20
Committee: IMCO
Amendment 380 #

2022/0094(COD)

Proposal for a regulation
Article 2 – paragraph 3 – point b
(b) boilers, pipes, tanks and ancillaries and other products intended to be in contact with water for human consumption;
2022/12/20
Committee: IMCO
Amendment 382 #

2022/0094(COD)

Proposal for a regulation
Article 2 – paragraph 3 – point c
(c) systems treating waste water;deleted
2022/12/20
Committee: IMCO
Amendment 385 #

2022/0094(COD)

Proposal for a regulation
Article 2 – paragraph 3 – point d
(d) sanitary appliances;deleted
2022/12/20
Committee: IMCO
Amendment 388 #

2022/0094(COD)

Proposal for a regulation
Article 2 – paragraph 3 – point e
(e) traffic signalling products.deleted
2022/12/20
Committee: IMCO
Amendment 392 #

2022/0094(COD)

Proposal for a regulation
Article 2 – paragraph 3 – point e a (new)
(e a) photovoltaic elements other than building-integrated photovoltaic (BIPV) elements;
2022/12/20
Committee: IMCO
Amendment 393 #

2022/0094(COD)

Proposal for a regulation
Article 2 – paragraph 3 – point e b (new)
(e b) Electrical and electronic products which are not included in products in line 1-32 of the table I of Annex IV.
2022/12/20
Committee: IMCO
Amendment 395 #

2022/0094(COD)

4. This Regulation also shall also apply to 3D-printing services of construction products and of items covered by this Regulation. 3D-printing services include renting out of 3D- printing machines that could be used for construction products and items covered by this Regulation. This Regulation shall also apply to services linked to: — the manufacturing and commercialisation of construction products and or items covered by this Regulation, and — to the de-installing, preparation for re- use, remanufacturing and dealing with used construction products or items covered by this Regulation.deleted
2022/12/20
Committee: IMCO
Amendment 397 #

2022/0094(COD)

Proposal for a regulation
Article 2 – paragraph 5
5. Member States may exempt from the application of this Regulation construction products and items covered by this Regulation that are placed on the market or directly installed in the outermost regions of the European Union in the meaning of Article 349 of the Treaty on the Functioning of the European Union. Member States shall notify to the European Commission and to the other Member States the regulations providing such exemptions. They shall ensure that exempted construction products or items do not bear the CE marking in accordance with Article 16. Construction products or items placed on the market or directly installed on the basis of such exemption shall not be deemed to be placed on the market or directly installed in the Union in the meaning of this Regulation.deleted
2022/12/20
Committee: IMCO
Amendment 403 #

2022/0094(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 1
(1) ‘construction product’ means any formed or formless physical item, including its packaging and instructions for use, or a kit or assembly combining such items, that isproduct or kit which is produced and placed on the market or produced for incorporation in a permanent manner in construction works or parts thereof within the Union, with the exception of items that are necessarily first integrated into an assembly, kit or other construction product prior to being incorporated in a permanent manner in construction worksand the performance of which has an effect on the performance of the construction works with respect to the basic requirements for construction works, including3D-printed products or other items covered by this Regulation in accordance with Article 2(1) to (3);
2022/12/20
Committee: IMCO
Amendment 405 #

2022/0094(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 2
(2) ‘permanent’ means for a duration of two years or longerinstalled or affixed in such a manner that may significantly affect the basic work requirements and that the item cannot be removed without tools or mechanical force;
2022/12/20
Committee: IMCO
Amendment 408 #

2022/0094(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 3
(3) ‘product’ means a construction product or other item covered by this Regulation in accordance with Article 2(1) to (3);deleted
2022/12/20
Committee: IMCO
Amendment 412 #

2022/0094(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 5
(5) ‘direct installation’ means the installation of a product into a construction work of a client without prior making available on the market or the installation of a one-family house covered by this Regulation, regardless whether in the framework of providing a service or not;deleted
2022/12/20
Committee: IMCO
Amendment 418 #

2022/0094(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 8
(8) ‘product requirements’ means a threshold level or another characteristic with which a product has to comply before it can be placed on the market or installed directly, including those requirements relating to labelling and instructions for use or other information to be provided;
2022/12/20
Committee: IMCO
Amendment 422 #

2022/0094(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 9
(9) ‘economic operator’ means the manufacturer, the authorised representative, the importer, the distributor, the fulfilment service provider, the 3D- printing service provider, manufacturer, importer or distributor of materials intended for 3D-printing of products, online seller, the broker, the supplier, the service provider, the own- brand-labeller or any other natural or legal person, other than authorities, notified bodies, technical assessment bodies and product contact points for construction who is subject to this Regulation in relation to the manufacturing, de- installation for re-use, re-manufacturing or repackaging of products, or making those products available on the market or installing those products directly in accordance with this Regulation, and economic operators as defined in Article 3, point (13) of Regulation (EU) 2019/1020 of the European Parliament and of the Council44 ; _________________ 44 Regulation (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).
2022/12/20
Committee: IMCO
Amendment 424 #

2022/0094(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 10
(10) ‘3D-printing service provider’ means any natural or legal person offering, in the course of a commercial activity, one of the following services: renting or leasing out 3D-printers, printing out 3D-printing datasets, or brokering one of these services, regardless of whether the printing material is provided by that person or not;deleted
2022/12/20
Committee: IMCO
Amendment 427 #

2022/0094(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 11
(11) ‘materials intended for 3D- printing of products’ means any material intended or the 3D-printing of products for which the respective economic operators have not explicitly and consistently excluded the use as materials for 3D-printing;deleted
2022/12/20
Committee: IMCO
Amendment 430 #

2022/0094(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 13
(13) ‘3D-datasets’ means a set of numerical data describing the shape of an object by its outer dimensions and its cavities in view of permitting the 3D- printing of that object;deleted
2022/12/20
Committee: IMCO
Amendment 432 #

2022/0094(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 15
(15) ‘buildings’ means facilities, other than containers, giving shelter to humans, animals or objects, which either are permanently fixed to the ground or can only be transported by the help of special equipment whilst having a surface floor space of at least 20m2 on one or several levels;deleted
2022/12/20
Committee: IMCO
Amendment 434 #

2022/0094(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 16
(16) ‘level’ means the result of the assessment of the performance of a product in relation to its essential characteristics, expressed as a numerical valueexpression of performance without a classification of potential performances and/or a specified minimum or maximum;
2022/12/20
Committee: IMCO
Amendment 435 #

2022/0094(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 17
(17) ‘class’ means a range of levels, delimited by a minimum and a maximum value, of performance of a productn expression of performance according to a systematic division of potential performances;
2022/12/20
Committee: IMCO
Amendment 439 #

2022/0094(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 22
(22) ‘assembly’ means a set of at least two separate items, one of which is a product;deleted
2022/12/20
Committee: IMCO
Amendment 440 #

2022/0094(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 25
(25) ‘intended use’ means the use intended by the manufacturer, including the conditions for usage, as laid out in technical documentation, on labels, in instructions for use, or in publicity material, whilst usages mentioned only in one of these are already part of the ‘intended use’intended use as determined by the manufacturer of the construction product as defined in the applicable harmonised technical specification;
2022/12/20
Committee: IMCO
Amendment 452 #

2022/0094(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 39
(39) ‘Union law’ means the TEU, the TFEU, general principles of law, acts of general applicability referred to in the second, third and fourth paragraph of Article 288 TFEU and any international agreements to which the Union is party or the Union and its Member States are parties;deleted
2022/12/20
Committee: IMCO
Amendment 464 #

2022/0094(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 48
(48) ‘double use product’ means a product that is, by its manufacturer, intended to be used as product and as an item with another intended use that would fall outside of the scope of this Regulation if it had only that other intended use;deleted
2022/12/20
Committee: IMCO
Amendment 465 #

2022/0094(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 51
(51) ‘full-time equivalence’ means the work-power of one person employed full- time as defined by the Member State concerned or the work-power of several persons employed part-time working together the same number of hours per day or week;deleted
2022/12/20
Committee: IMCO
Amendment 467 #

2022/0094(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 57
(57) ‘broker’ means any natural or legal person providing an intermediation service for the placing on the market or direct installation of products;
2022/12/20
Committee: IMCO
Amendment 488 #

2022/0094(COD)

The Commission mayshall issue standardisation requests in accordance with Article 10 of Regulation (EU) 1025/2012 laying down the basic principles and corner stones for the establishment of these essential characteristics and their assessment methods.
2022/12/20
Committee: IMCO
Amendment 492 #

2022/0094(COD)

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 3 a (new)
These standardisation requests shall be issued in accordance with the working plan established in accordance with Article 93a.
2022/12/20
Committee: IMCO
Amendment 495 #

2022/0094(COD)

Proposal for a regulation
Article 4 – paragraph 3
3. By way of derogation from paragraph 2 and in order to cover the regulatory needs of Member States and to pursue the goals of Article 114 of the Treaty on the Functioning of the European Union, the Commission is empowered to supplement this Regulation by means of delegated acts in accordance with Article 87, by establishing, for particular product families and categories, voluntary or mandatory essential characteristics and their assessment methods in any of the following cases: (a) there are undue delays in the adoption of certain standards referred to in the first subparagraph of Article 4(2)by the European standardisation organisations, whilst an undue delay is given where the European standardisation organisation does not submit a standard within the time-frame set out in the standardisation request; (b) there is an urgency for the adoption of more harmonised technical specifications that cannot be matched with standards referred to in the first subparagraph of Article 4(2) alone; (c) one or more essential characteristics referring to basic work requirements set out in Annex I Part A, Point 1 or included in Annex I Part A, Point 2 are not covered by the standards referred to in the first subparagraph of Article 4(2) the references of which are already published in the Official Journal; (d) the standards referred to in the first subparagraph of Article 4(2) are for other reasons considered not sufficient to cover regulatory needs of Member States or the needs of economic operators; (e) the standards referred to in the first subparagraph of Article 4(2) are not in line with EU climate and environmental legislation and ambition; (f) references to standards referred to in the first subparagraph of Article 4(2) cannot be published in the Official Journal for the reasons set out in Article 34(4) or other legal reasons; (g) references to standards referred to in the first subparagraph of Article 4(2) have been withdrawn from the Official Journal or were published with a restriction.deleted
2022/12/20
Committee: IMCO
Amendment 522 #

2022/0094(COD)

Proposal for a regulation
Article 4 – paragraph 3 a (new)
3 a. By way of derogation from paragraph 2 and in order to cover the regulatory needs of Member States and to pursue the goals of Article 114 of the Treaty on the Functioning of the European Union, the Commission may supplement in exceptional cases, after consultation of the relevant European standardisation organisations and European stakeholder organisations receiving Union financing under Regulation (EU) No 1025/2012, this Regulation by means of delegated acts in accordance with Article 87, by establishing, for particular product families and categories, voluntary or mandatory essential characteristics and their assessment methods where the following cases have been fulfilled: (a) no reference to harmonised standards covering the relevant essential characteristics is published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012 and no such reference is expected to be published within a reasonable period; and (b) the Commission has requested one or more European standardisation organisations to draft a harmonised standard for the requirements; (c) the request has not been accepted by any of the European standardisation organisations or the standard is not delivered within the deadline. Before preparing a draft delegated act, the Commission shall inform the committee referred to in Article 22 of Regulation EU (No) 1025/2012 that it considers that the conditions in paragraph 1 are fulfilled. If harmonised standards covering the essential requirements are developed and the references to them are published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012, the relevant delegated acts shall no longer apply. In the early preparation of the draft delegated act establishing the common specification, the Commission shall gather the views of relevant bodies or expert groups established under relevant sectorial Union law. Based on that consultation, the Commission shall prepare the draft delegated act.
2022/12/20
Committee: IMCO
Amendment 532 #

2022/0094(COD)

Proposal for a regulation
Article 4 – paragraph 4 – introductory part
4. IWhile priority shall be given to the elaboration of standards in order to cover the regulatory needs of Member States and to pursue the environmental, safety and harmonisation goals of Article 114 of the Treaty on the Functioning of the European Union, the Commission is empowered to supplement this Regulation, by means of delegated acts in accordance with Article 87, after consultation of the relevant European standardisation organisations and European stakeholder organisations receiving Union financing under Regulation(EU) No 1025/2012, by determining, for particular product families and categories, the following:
2022/12/20
Committee: IMCO
Amendment 539 #

2022/0094(COD)

Proposal for a regulation
Article 4 – paragraph 5
5. The Commission, after consultation of the relevant European stakeholder organisations, is empowered to amend Annex I Part A by means of delegated acts in accordance with Article 87 in order to adapt it to technical progress and to cover new risks and environmental aspects.
2022/12/20
Committee: IMCO
Amendment 547 #

2022/0094(COD)

Proposal for a regulation
Article 5 – paragraph 1
1. All products covered by this Regulation shall, prior to their placing on the market or direct installation, satisfy the generic, directly applicable product requirements set out in Annex I Part D and, satisfy the product requirements laid down in Annex I Part B, C and C asD when specified for the respective product family or category in accordance with paragraph 2. The product requirements laid down in Annex I Part B, C and CD are only applicable where they have been specified in accordance with paragraph 2.
2022/12/20
Committee: IMCO
Amendment 557 #

2022/0094(COD)

Proposal for a regulation
Article 5 – paragraph 2
2. In order to specify the product requirements set out in Annex I Part B, C and D, the Commission is empowered to supplement this Regulation, by means of delegated acts in accordance with Article 87, by specifying, for particular product families and categories, these product requirements and by laying down the corresponding assessment methods. Once the Commission has specified these product requirements by delegated acts, it mayshall issue standardisation requests which aim at the elaboration of voluntary harmonised standards providing presumption of conformity with these mandatory product requirements as specified by these delegated acts.
2022/12/20
Committee: IMCO
Amendment 562 #

2022/0094(COD)

Proposal for a regulation
Article 5 – paragraph 3
3. The Commission, after consultation with European stakeholder organisations, is empowered to amend Annex I Part B, C and D by means of delegated acts in accordance with Article 87 in order to adapt it to technical progress and in particular to cover new risks and environmental aspects.
2022/12/20
Committee: IMCO
Amendment 570 #

2022/0094(COD)

Proposal for a regulation
Article 6 – title
Assessment and verification systems and their product specific modalities
2022/12/20
Committee: IMCO
Amendment 573 #

2022/0094(COD)

Proposal for a regulation
Article 6 – paragraph 3
3. In order to counter systematic non-compliances of notified bodies or manufacturers or in view of adaptation to technical progress, the Commission is empowered to amend this Regulation, by means of delegated acts in accordance with Article 87, by introducing additional assessment or verification steps in the systems of Annex V.deleted
2022/12/20
Committee: IMCO
Amendment 578 #

2022/0094(COD)

Proposal for a regulation
Article 7 – paragraph 1
1. The harmonised zone shall be presumed to be comprehensive, covering all potential legal requirements for products other than those covered by other Union lawconstruction products.
2022/12/20
Committee: IMCO
Amendment 582 #

2022/0094(COD)

Proposal for a regulation
Article 7 – paragraph 7 – introductory part
7. This Regulation does not hinder Member States to introduce mandatory deposit-refund systems, to oblige manufacturers to take back used or not used non-custom-made products directly or via their importers and distributors and to establish obligations regarding the collection and the treatment of products for waste, provided that all of the following is complied with:
2022/12/20
Committee: IMCO
Amendment 589 #

2022/0094(COD)

Proposal for a regulation
Article 7 – paragraph 8
8. Member States may ban the destruction of non-custom-made products taken back in accordance with Article 22(2), point (j) and Article 26 or make the destruction of these products dependent on their prior making available on a national brokering platform for non-commercial use of products.
2022/12/20
Committee: IMCO
Amendment 596 #

2022/0094(COD)

Proposal for a regulation
Article 9 – paragraph 3
3. By drawing up the declaration of performance, the manufacturer assumes responsibility for the conformity of the product with such declared performance and becomes liable in accordance with Union and national laws on contractual and extra-contractual liability, and this even where it did not act negligently. In the absence of objective indications to the contrary, Member States shall presume the declaration of performance drawn up by the manufacturer to be accurate and reliable.
2022/12/20
Committee: IMCO
Amendment 597 #

2022/0094(COD)

Proposal for a regulation
Article 10 – paragraph 1 – point a
(a) the product is, otherwise than by 3D-printing or already existing moulds, individually manufactured or custom-made in a non- series process in response to a specific order, and installed in a single identified construction work, by a manufacturer who is also responsible for the safe incorporation of the product into the construction work in compliance with the applicable national rules, and under the supervision of those responsible for the safe execution of the construction works designated under the applicable national rules;
2022/12/20
Committee: IMCO
Amendment 598 #

2022/0094(COD)

Proposal for a regulation
Article 10 – paragraph 1 – point b
(b) the product is otherwise than by 3D-printing or already existing moulds manufactured on the construction site, in a non-series process for its incorporation in the respective construction work in compliance with the applicable national rules and under the supervision of those responsible for the safe execution of the construction works designated under the applicable national rules; or
2022/12/20
Committee: IMCO
Amendment 599 #

2022/0094(COD)

Proposal for a regulation
Article 10 – paragraph 3
3. A Member State may exempt from Article 9(1) parts of construction works other than products that are prepared for re-use or remanufactured provided that the part does not to circulate outside the territory of that Member State.deleted
2022/12/20
Committee: IMCO
Amendment 612 #

2022/0094(COD)

Proposal for a regulation
Article 12 – paragraph 2
2. Where there is no declaration of performance available for a used product issued by the initial manufacturer or another economic operator pursuant to this Regulation or Regulation (EU) 305/2011, an economic operator may issue a new declaration of performance without undergoing a full procedure in accordance with this Regulation where it limits the intended use to decoration”ve purposes. Where the economic operator has used this derogation, the declaration of performance shall be labelled “declaration of performance for used product with decorative purposes”.
2022/12/20
Committee: IMCO
Amendment 619 #

2022/0094(COD)

Proposal for a regulation
Article 13 – paragraph 3
3. By the declaration of conformity, the manufacturer assumes responsibility for the conformity of the product with the product requirements and becomes liable in accordance with national laws on contractual and extra-contractual liability, and this even where it did not act negligently. In case of non-compliance or absence of a declaration of conformity, the product may not be made available on the market. In the absence of objective indications to the contrary, Member States shall presume the declaration of conformity drawn up by the manufacturer to be accurate and reliable.
2022/12/20
Committee: IMCO
Amendment 627 #

2022/0094(COD)

Proposal for a regulation
Article 15 – paragraph 3
3. Declarations may contain permalinks to unamendable environmental product declarations or other unamendable documents containing the requested information if those documents follow the order and structure of the declarations or if a correlation table linking the order of the declarations to the order of these documents is provided together with the permalinkdocuments containing the requested information.
2022/12/20
Committee: IMCO
Amendment 643 #

2022/0094(COD)

Proposal for a regulation
Article 16 – paragraph 2
2. The CE marking shall be affixed to those products for which the manufacturer has drawn up a declaration of performance or a declaration of performance and conformity in accordance with Articles 9 and 11 to 14. The CE marking shall be affixed to key parts. The CE marking may not be affixed to parts which are not key parts.
2022/12/20
Committee: IMCO
Amendment 649 #

2022/0094(COD)

Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 1 – point d
(d) the unique identification code of the product-type, the permalink to the manufacturer’s products registration(s) in Union databases and the precise location therein where the product can be found;
2022/12/20
Committee: IMCO
Amendment 651 #

2022/0094(COD)

Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 1 – point g
(g) the identification number of the notified body, if applicable.deleted
2022/12/20
Committee: IMCO
Amendment 653 #

2022/0094(COD)

Proposal for a regulation
Article 17 – paragraph 3
3. The CE marking shall be affixed before the product is placed on the market or directly installed into a construction work. It may be subsequently followed by a pictogram or any other mark indicating a special risk or use.
2022/12/20
Committee: IMCO
Amendment 659 #

2022/0094(COD)

Proposal for a regulation
Article 18 – paragraph 1 a (new)
Markings other than the CE marking, including private ones, may contain additional information that could help users to make an informed choice on which product would be best suited for the needs of their construction work
2022/12/20
Committee: IMCO
Amendment 661 #

2022/0094(COD)

Proposal for a regulation
Article 18 – paragraph 2
No oOther marking than marking set out by Union legislation may be affixed on a product in a distance smaller than the double length of the CE marking measured from any poas long as it does not impair the visibility, legibility and meanintg of the CE and the other marking set out by Union lawmarking.
2022/12/20
Committee: IMCO
Amendment 664 #

2022/0094(COD)

Proposal for a regulation
Article 19 – paragraph 2
2. Where diverging statements of non-compliance of an economic operator or of a product and requests for corrective action emanate from authorities of different Member States, an economic operator shall take differentiated measures, subject to where the products are intended to be made available on the market or directly installed. Where this is not possible or where a more severe measure imposed by one Member State encompasses the less severe measure imposed by another, the more severe measure shall be taken. Where these rules do not lead to a clear result, the Member States concerned and the Commission, and, on their request, other Member States shall try to find a common solution and, if need is, adopt an implementing act in accordance with Article 33.deleted
2022/12/20
Committee: IMCO
Amendment 666 #

2022/0094(COD)

Proposal for a regulation
Article 19 – paragraph 3 – subparagraph 1 – point c
(c) who is involved in financial and other collateral services linked to the making available or direct installation of products.deleted
2022/12/20
Committee: IMCO
Amendment 671 #

2022/0094(COD)

Proposal for a regulation
Article 19 – paragraph 3 – subparagraph 2 – point iii
(iii) email addresses, and websites and social media profiles, if any, of these operators;
2022/12/20
Committee: IMCO
Amendment 672 #

2022/0094(COD)

Proposal for a regulation
Article 19 – paragraph 3 – subparagraph 2 – point v
(v) bank accounts of these operators; andeleted
2022/12/20
Committee: IMCO
Amendment 678 #

2022/0094(COD)

Proposal for a regulation
Article 21 – paragraph 1
1. The manufacturer shall determine the product type, respecting the boundaries set up therefore by the definition provided in Article 3 point (31). The product type shall be processed in accordance with the applicable assessment and verification system set out in Annex V. The manufacturer shall draw up a declaration of performance and a declaration of conformity in accordance with Articles 9 and Articles 11 to 15 and affix the CE marking in accordance with Articles 16 and 17.
2022/12/20
Committee: IMCO
Amendment 679 #

2022/0094(COD)

Proposal for a regulation
Article 21 – paragraph 2
2. The manufacturer shall refrain from any claim about the characteristics of a product that is not based on: (a) the assessment method contained in a harmonised technical specification where the relevant characteristic is covered by such; or (b) where no such assessment method exists, an assessment method which represents the most effective and advanced method to achieve an accurate assessment.deleted
2022/12/20
Committee: IMCO
Amendment 682 #

2022/0094(COD)

Proposal for a regulation
Article 21 – paragraph 3 – subparagraph 1
The manufacturer shall, as the basis for the declarations referred to in paragraph 1, draw up a technical documentation describing the intended use including the precise conditions for use and all the elements necessary to demonstrate performance and conformity.
2022/12/20
Committee: IMCO
Amendment 683 #

2022/0094(COD)

Proposal for a regulation
Article 21 – paragraph 3 – subparagraph 2
That technical documentation shall contain the mandatory or facultative calculation of environmental, including climate sustainability assessed in accordance with harmonised technical specifications adopted under this Regulation or with Commission acts adopted under this Regulation.
2022/12/20
Committee: IMCO
Amendment 684 #

2022/0094(COD)

Proposal for a regulation
Article 21 – paragraph 5 – subparagraph 1
The manufacturer shall ensure that its product bear a manufacturer-specific type number and, a batch or serial number or any other element allowing their identification. If this is impossible, the required information shall be provided on the packaging, on an affixed tag or, as last resort, in a document accompanying the product.
2022/12/20
Committee: IMCO
Amendment 687 #

2022/0094(COD)

Proposal for a regulation
Article 21 – paragraph 5 – subparagraph 2
The manufacturer shallmay in the same way as set out in the first subparagraph label a product as “Only fFor professional use” if it is not intended for consumers or other non-professional usersappropriate to have some kind of expertise in order to use the product. Products not labelled “Only fFor professional use” shall be deemed to be also intended for non- professional users and consumers in the meaning of this Regulation and the Regulation (EU) … [Regulation on General Product Safety].
2022/12/20
Committee: IMCO
Amendment 692 #

2022/0094(COD)

Proposal for a regulation
Article 21 – paragraph 9
9. Where the product presents a risk or is likely to present a risk, the manufacturer shall within two working days thereof inform, the manufacturer shall inform without undue delay the authorised representative, importers, distributors, fulfilment service providers, and online market places involved in the distribution, as well as the competent national authorities of the Member States in which the manufacturer or – to its knowledge – other economic operators made the product available. The manufacturer shall, to that effect, provide all useful details and, in particular, specify the type of the non- compliance, the frequency of accidents or incidents and the corrective measures taken or recommended. In case of risks caused by products which have already reached the final user or consumer, the manufacturer shall also alert the media andat cannot be identified or contacted directly. The manufacturer shall through media and other appropriate channels, ensuring the widest possible reach, disseminate the inform themation about appropriate measures to eliminate or, if not possible, to reduce the risks. In case of a “serious risk” in the meaning of Article 3, point (71) the manufacturer shall withdraw and recall the product at their own cost.
2022/12/20
Committee: IMCO
Amendment 695 #

2022/0094(COD)

Proposal for a regulation
Article 22 – paragraph 2 – subparagraph 1 – point c
(c) respect the minimum recycled content obligations and other limit values regarding aspects of environmental, including climate sustainability contained in harmonised technical specifications; sustainability as assessed per each product category. Minimum recycled content obligations should be set by the European Commission after consulting with industry stakeholder
2022/12/20
Committee: IMCO
Amendment 697 #

2022/0094(COD)

Proposal for a regulation
Article 22 – paragraph 5
5. In order to ensure transparency for the users and to promote sustainable products, the Commission is empowered to supplement this Regulation by delegated acts adopted in accordance with Article 87 to establish specific environmental sustainability labelling requirements including “traffic-light- labelling” in relation to environmental obligations set out in paragraph 1, product inherent environmental requirements set out in Annex I Part C Point 2, and environmental performance classes established in accordance with of Article 4(4), point (a).deleted
2022/12/20
Committee: IMCO
Amendment 698 #

2022/0094(COD)

Proposal for a regulation
Article 22 – paragraph 6
6. The manufacturer shall affix the traffic light label in the way set out in the delegated acts adopted in accordance with paragraph 5.deleted
2022/12/20
Committee: IMCO
Amendment 702 #

2022/0094(COD)

Proposal for a regulation
Article 23 – paragraph 2
2. Authorised representatives shall act with due care in relation to the obligations of this Regulation. They shall be liable for gross negligence or conscious infringement of this Article and of Article 19 in accordance with national law on contractual and extra-contractual liability.
2022/12/20
Committee: IMCO
Amendment 703 #

2022/0094(COD)

Proposal for a regulation
Article 23 – paragraph 3 – subparagraph 1 – point c
(c) terminate the contract, when deemed appropriate, where the manufacturer infringes this Regulation and inform thereof the competent national authorities of the Member States where the product is placed on the market and the national competent authority of his own place of business;
2022/12/20
Committee: IMCO
Amendment 704 #

2022/0094(COD)

Proposal for a regulation
Article 23 – paragraph 3 – subparagraph 1 – point d
(d) when having reason to believe that a product in question is non-compliant or presents a risk, inform the manufacturer and the national competent authorities of the Member States where the product is placed on the market and the national competent authority of his own place of business thereof; and
2022/12/20
Committee: IMCO
Amendment 705 #

2022/0094(COD)

Proposal for a regulation
Article 23 – paragraph 5
5. Where an authorised representative considers that there iidentifies a non-compliance mentioned in the paragraph 4, the authorised representative shall ask the manufacturer to remedy the non- compliances. The manufacturer shall thereon stop the placing on the market and ask other economic operators involved in the distribution to stop their commercial activities, until the authorised representative regards the infringements as remedied. Where the non-compliances are not remedied within one month whilst products possibly continue to be made available on the market, the authorised representative shall be allowed to terminate his contract with the manufacturer and thereof inform the national competent authorities of the Member States where the products are placed on the market and the national competent authority of his own place of business. The latter shall coordinate joint actions of all competent authorities, unless the national competent authorities agree on another national competent authority to coordinatenon-compliance is remedied.
2022/12/20
Committee: IMCO
Amendment 706 #

2022/0094(COD)

Proposal for a regulation
Article 24 – paragraph 4
4. After having assembled all available product information from the manufacturer and the de-installer, the importer shall in particular scrutinise used and remanufactured products, namely with regard to damages or indications for loss of performance or non-compliance and changed mechanical or chemical properties, and assess all risks; when necessary to ensure safety or the protection of the environment, the importer shall reduce the intended use or refrain from selling. This obligation shall also apply to used and remanufactured products for which no declaration of performance is mandatory.deleted
2022/12/20
Committee: IMCO
Amendment 708 #

2022/0094(COD)

Proposal for a regulation
Article 24 – paragraph 7
7. The importer shall investigate complaints, and, if necessary, keep a register of complaints, of non-conforming products and of product withdrawals or recalls, and shall keep manufacturers and distributors informed of any such monitoring.
2022/12/20
Committee: IMCO
Amendment 710 #

2022/0094(COD)

Proposal for a regulation
Article 25 – paragraph 2
2. When making a product available on the market, the distributors shall verify at a documentary level that the manufacturer and the importer have complied with the requirements set out in Article 21(1), (5) and (6) and where applicable in Article 22(2), points (f) and (i) and shall fulfil the obligations incumbent on importers in accordance with Article 24(13) to (5) whilst references to “placing on the market” shall be understood as “further making available on the market”.
2022/12/20
Committee: IMCO
Amendment 712 #

2022/0094(COD)

Proposal for a regulation
Article 25 – paragraph 3
3. The distributor shall ensure that no products are sold to consumers or other non-professional users which are labelled “for professional use only”. These products shall, in their premises, online and on paper publicity material, be presented as products for professional use only.deleted
2022/12/20
Committee: IMCO
Amendment 717 #

2022/0094(COD)

Proposal for a regulation
Article 27 – paragraph 1
1. When contributing to the making available on the market or direct installation of a product, fulfilment service provider or broker shall act with due care in relation to the obligations of this Regulation. It shall be liable for infringement of this Article and of Article 19 in accordance with national law on contractual and extra-contractual liability.
2022/12/20
Committee: IMCO
Amendment 718 #

2022/0094(COD)

Proposal for a regulation
Article 28
providers and of providers of moulds, of 3D-printing datasets, and of 3D-printing 1. A 3D-printing service provider shall: (a) refrain from placing on the market or directly installing products for clients without satisfying the obligations incumbent on manufacturers; (b) inform its clients that they may use 3D-printing services only for the fabrication of products for their own use, unless satisfying the obligations incumbent on manufacturers; (c) inform its clients that the 3D-datasets and the materials to be used shall have undergone the procedures applicable to products under this Regulation; and (d) inform its clients that both the information provided by the manufacturer of the 3D-dataset and the information provided by the manufacturer of the printing material shall coincide and confirm the usability of the material for that type of 3D-dataset and the given 3D- printing technology. 2. Providers of moulds and of 3D-datasets intended to produce items covered by this Regulation shall produce 10 such items and shall make them available to the notified body, technical assessment body and to authorities on request. Providers of moulds and of 3D-datasets intended to produce items covered by this Regulation shall assess and document the fulfilment of requirements of this Regulation with regard to the produced items. 3. Providers of materials intended to be used for the 3D-printing of items covered by this Regulation on or close to the construction site shall produce 10 such items for each intended use and shall make them available to the notified body, technical assessment body and to authorities on request. Providers of materials intended to be used for the 3D- printing of items covered by this Regulation on or close to the construction site shall assess and document the fulfilment of requirements of this Regulation with regard to the produced items.Article 28 deleted Obligations of 3D-printing service materials
2022/12/20
Committee: IMCO
Amendment 719 #

2022/0094(COD)

Proposal for a regulation
Article 29
Obligations of economic operators de- installing or dealing with used products 1. An economic operator de-installing used products for re-use or re- manufacturing shall establish protocols on the place, conditions and presumed length of use of the de-installed product and make them available together with the products, regardless whether it exert its activity on its own behalf or for somebody else. The economic operator shall also make the protocols available on request to authorities, to later users of these products and to owners of the construction works in which they were re- installed. 2. Where an economic operator brokers, sells or otherwise makes available de- installed used products on its own behalf or for somebody else, it shall also fulfil the obligations of importers or distributors with regard to used products.Article 29 deleted for re-use or remanufacturing
2022/12/20
Committee: IMCO
Amendment 722 #

2022/0094(COD)

Proposal for a regulation
Article 30
Obligations of suppliers and service providers involved in the manufacturing 1. A supplier or service provider involved in the manufacturing of products shall: (a) provide to manufacturers, notified bodies and authorities all available information on the environmental sustainability of their supplied component or service; (b) ensure the correctness of such information namely by respecting this Regulation and correct any errors made by communication to all their clients and, if potentially useful, to notified bodies and authorities; (c) permit, in absence of such information, their customers to assess that environmental sustainability on their own expense and support that assessment, namely by giving access to all documents, including those of commercial character, relevant for that assessment; (d) permit notified bodies to verify the correctness of any calculation of the environmental sustainability and support that verification; (e) permit notified bodies to verify the performance and compliance of the supplied component or service and support that verification. 2. Where a supplier or service provider has been informed in accordance with the last sentence of Article 21(8), it shall forward that information to his other clients who have, in the last 5 years, received components or services which are identical with regard to the issue in question. In case of a serious risk as defined in Article 3, point (71) or a risk falling under the last sentence of Article 21(9), the supplier or service provider shall also inform the national competent authorities of the Member States where products with that component or manufacturing service have been made available on the market or directly installed; where it cannot identify these Member States, it shall inform all national competent authorities.Article 30 deleted of products
2022/12/20
Committee: IMCO
Amendment 727 #

2022/0094(COD)

Proposal for a regulation
Article 31
Double use and pseudo products 1. A manufacturer of double use products shall satisfy the obligations of this Regulation for all the items of the respective type, unless they are specifically marked as “not for construction”. 2. Other economic operators dealing with double use products shall fulfil the obligations incumbent on them in accordance with this Regulation. In their commercial contracts, they shall establish an obligation of their clients to do the same and not to sell or to use items for construction which are marked as “not for construction”. 3. For items suitable for construction for which the manufacturer has never intended such use and which, therefore, have not been CE-marked (“pseudo products”), other economic operators shall: (a) not acquire or sell them as items being intended for construction without undergoing the procedures set out in this Regulation to be undergone by manufacturers; (b) ensure by presentation that they cannot be understood as being intended for construction; and (c) establish a contractual obligation of their clients to do the same and not to use these items for construction.Article 31 deleted
2022/12/20
Committee: IMCO
Amendment 731 #

2022/0094(COD)

Proposal for a regulation
Article 33
Where this is necessary to ensure a harmonised application of this Regulation and only to the extent necessary to prevent diverging practices creating an uneven playing field for economic operators, the Commission may adopt implementing acts providing details on how to execute the obligations and rights of economic operators contained in this Chapter. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 88(2).Article 33 deleted Implementing acts on economic operators’ obligations and rights
2022/12/20
Committee: IMCO
Amendment 734 #

2022/0094(COD)

Proposal for a regulation
Article 35 – paragraph 2 – subparagraph 1 – introductory part
Following a request for a European technical assessment by a manufacturer or a group of manufacturers or on initiative of the Commission, a European assessment document may be drawn up and adopted by the organisation of technical assessment bodies (‘TABs’) in agreement with the Commission for any kind or category of products product not covered by:
2022/12/20
Committee: IMCO
Amendment 745 #

2022/0094(COD)

Proposal for a regulation
Article 40 – paragraph 1 – point a
(a) a description of the kind or category of products product covered; and
2022/12/20
Committee: IMCO
Amendment 747 #

2022/0094(COD)

Proposal for a regulation
Article 40 – paragraph 1 – point b
(b) the list of essential characteristics, relevant for the intended use of the kind or category of products product as set out by the manufacturer and agreed between the manufacturer and the organisation of TABs, and the methods and criteria for assessing the performance of the product in relation to those essential characteristics.
2022/12/20
Committee: IMCO
Amendment 749 #

2022/0094(COD)

Proposal for a regulation
Article 40 – paragraph 2
2. Principles for the applicable factory production control to be applied shall be set out in the European assessment document, taking into account the conditions of the manufacturing process of the kind or category of products product concerned.
2022/12/20
Committee: IMCO
Amendment 750 #

2022/0094(COD)

Proposal for a regulation
Article 40 – paragraph 3
3. Where the performance of some of certain essential characteristics of the kind or category of products product can appropriately be assessed with methods and criteria established in harmonised technical specifications or European assessment documents, those existing methods and criteria shall be incorporated as parts of the European assessment document, unless there are good reasons to deviate from this rule.
2022/12/20
Committee: IMCO
Amendment 775 #

2022/0094(COD)

Proposal for a regulation
Article 78 – paragraph 1
1. The Commission is empowered to supplement this Regulation by means of delegated act according to Article 87, by setting up a voluntary Union construction products database or system where information related to showing compliance with this regulation can be stored or linked to. This initiative should that builds to the extent possible on the Digital Product Passport established by Regulation (EU) ... [Regulation on ecodesign for sustainable products] in order to avoid overlaps with other EU legislation and to ensure interoperability with already existing requirements.
2022/12/20
Committee: IMCO
Amendment 792 #

2022/0094(COD)

Proposal for a regulation
Article 79 – paragraph 1
1. Member States shall support economic operators by product contact points for construction. Member States shall designate and maintain at least one product contact point for construction on their territory and shall ensure that their product contact points for construction have sufficient powers and adequate resources for the proper performance of their tasks and at any rate at least one full- time equivalence per Member State and one additional full-time equivalence per each ten millions of inhabitants. They shall ensure that product contact points for construction deliver their services in accordance with Regulation (EU) 2018/172449 and that they coordinate with the contact points for mutual recognition established by Article 9(1) of Regulation (EU) No 2019/51550 . _________________ 49 Regulation (EU) 2018/1724 of the European Parliament and of the Council of 2 October 2018 establishing a single digital gateway to provide access to information, to procedures and to assistance and problem-solving services and amending Regulation (EU) No 1024/2012; OJ L 295, 21.11.2018, p. 1–38. 50 Regulation (EU) 2019/515 of the European Parliament and of the Council of 19 March 2019 on the mutual recognition of goods lawfully marketed in another Member State and repealing Regulation (EC) No 764/2008; OJ L 91, 29.3.2019, p. 1–18.
2022/12/20
Committee: IMCO
Amendment 794 #

2022/0094(COD)

Proposal for a regulation
Article 82 – paragraph 1 – introductory part
1. The Commission after consultation with the Member states may cooperate, including through the exchange of information, with third countries or international organisations in the field of application of this Regulation, such as:
2022/12/20
Committee: IMCO
Amendment 797 #

2022/0094(COD)

Proposal for a regulation
Article 83
1. Where Member States provide incentives for a product category covered by a delegated act establishing performance classes in accordance with Article 4(4), point (a) or a “traffic-light-labelling” in accordance with Article 22(5), those incentives shall aim at the highest two populated classes / colour codes, or at higher classes / better colour codes. Where a delegated act defines classes of performance in relation to more than one sustainability parameter, it shall be indicated therein in relation to which parameter this Article should be implemented. 2. Where no delegated act is adopted pursuant to Article 4(4), the Commission may specify in the delegated acts adopted pursuant to Article 4(3), which levels of performance related to product parameters theArticle 83 deleted Member States incentives shall concern. When doing so, the Commission shall take into account the following criteria: (a) the relative affordability of the products depending on their level of performance; (b) the need to ensure sufficient demand for more environmentally sustainable products.
2022/12/20
Committee: IMCO
Amendment 804 #

2022/0094(COD)

Proposal for a regulation
Article 84
1. The Commission is empowered to supplement this Regulation by delegated acts according to Article 87 by establishing sustainability requirements applicable to public contracts, including implementation, monitoring and reporting of those requirements by Member States. 2. Requirements adopted pursuant to paragraph 1 for public contracts awarded by contracting authorities, as defined in Article 2(1) of Directive 2014/24/EU or Article 3, point (1) of Directive 2014/25/EU, or contracting entities, as defined in Article 4(1) of Directive 2014/25/EU, may take the form of mandatory technical specifications, selection criteria, award criteria, contract performance clauses, or targets, as appropriate. 3. When establishing requirements pursuant to paragraph 1 for public contracts, the Commission shall take into account the following criteria: (a) the value and volume of public contracts awarded for that given product family or category or for the services or works using the given product family or category; (b) the need to ensure sufficient demand for more environmentally sustainable products; (c) the economic feasibility for contracting authorities or contracting entities to buy more environmentally sustainable products, without entailing disproportionate costs.Article 84 deleted Green public procurement
2022/12/20
Committee: IMCO
Amendment 833 #

2022/0094(COD)

Proposal for a regulation
Article 88 – paragraph 1
1. The Commission shall be assistguided by the Committee on Construction Products. This committee shall be a committee within the meaning of Regulation (EU) No 182/2011. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply (advisory procedure).
2022/12/20
Committee: IMCO
Amendment 839 #

2022/0094(COD)

Proposal for a regulation
Article 90 – paragraph 4
4. The Commission is empowered to supplement this Regulation by delegated act adopted in accordance with Article 87 in order to establish proportionate minimum penalties, targeting all economic operators, TABs and notified bodies directly or indirectly involved in the infringement of obligations of this Regulation.deleted
2022/12/20
Committee: IMCO
Amendment 849 #

2022/0094(COD)

Proposal for a regulation
Article 92 – paragraph 1
Regulation (EU) 305/2011 is repealed with effect from 1 January 2045.10 years after entry into force of this Regulation
2022/12/20
Committee: IMCO
Amendment 858 #

2022/0094(COD)

Proposal for a regulation
Article 93 a (new)
Article 93 a Prioritisation and planning 1. The Commission shall adopt by six months after entry into force of the Regulation and regularly update a working plan, covering a period of at least 3 years, setting out a list of product families or categories it intends to establish obligations and the necessary standardisation requests to be adopted in accordance with this Regulation. In the development of the working plan, the Commission shall consult the Member States, the European Parliament and the European Standardisation Organisations. 2. The Commission shall once a year report to the Member States and the European Parliament about the progress in implementing the working plan including the standardisation requests issued.
2022/12/20
Committee: IMCO
Amendment 861 #

2022/0094(COD)

Proposal for a regulation
Annex I – Part A – point 1 – paragraph 4
The intended life span related to basic requirements for construction works shall take into account the likely impacts of the changing climate.deleted
2022/12/20
Committee: IMCO
Amendment 903 #

2022/0094(COD)

Proposal for a regulation
Annex I – Part D – point 1 – introductory part
1. PWhere the information is not already provided with the declaration of performance, products shall be accompanied by the following information:
2022/12/20
Committee: IMCO
Amendment 37 #

2022/0051(COD)

Proposal for a directive
Recital 6
(6) The concept of human rights due diligence was specified and further developed in the OECD Guidelines for Multinational Enterprises80 which extended the application of due diligence to environmental and governance topics. The OECD Guidance on Responsible Business Conduct and sectoral guidance81 are internationally recognised frameworks setting out practical due diligence steps to help companies identify, prevent, mitigate and account for how they address actual and potential impacts in their operations, value chains and other business relationships. The concept of due diligence is also embedded in the recommendations of the International Labour Organization (ILO) Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy82. _________________ 80 OECD Guidelines for Multinational Enterprises, 2011 updated edition, available at http://mneguidelines.oecd.org/guidelines/. https://mneguidelines.oecd.org/mneguidel ines. 81 OECD Guidance on Responsible Business Conduct, 2018, and sector- specific guidance, available at https://www.oecd.org/investment/due- diligence-guidance-for-responsible- business-conduct.htm.recommendations of the International Labour Organization (ILO) Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy82. It was also studied by international economic policy and research organisations, such as the OECD. _________________ 82 The “International Labour Organization’s Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy, Fifth Edition, 2017, available at: https://www.ilo.org/empent/Publications/ WCMS_094386/lang--en/index.htm.
2022/11/10
Committee: IMCO
Amendment 38 #

2022/0051(COD)

Proposal for a directive
Recital 8
(8) International agreements under the United Nations Framework Convention on Climate Change, to which the Union and the Member States are parties, such as the Paris Agreement84 and the recent Glasgow Climate Pact85, set out precisalthough non-binding, set out precise and proactive avenues to address climate change and keep global warming within 1.5 C degrees. Besides specific actions being expected from all signatory Parties, the role of the private sector, in particular its investment strategies, is considered central to achieve these objectives. _________________ 84 https://unfccc.int/files/essential_backgroun d/convention/application/pdf/english_paris _agreement.pdf. 85 Glasgow Climate Pact, adopted on 13 November 2021 at COP26 in Glasgow, https://unfccc.int/sites/default/files/resourc e/cma2021_L16_adv.pdf.https://unfccc.int/ sites/default/files/resource/cma2021_L16_ adv.pdf.
2022/11/10
Committee: IMCO
Amendment 39 #

2022/0051(COD)

Proposal for a directive
Recital 12
(12) This Directive is in coherence with the EU Action Plan on Human Rights and Democracy 2020-202499. This Action Plan defines as a priority to strengthen the Union’s engagement to actively promote the global implementation of the United Nations Guiding Principles on Business and Human Rights and other relevant international guidelines such as the OECD Guidelines for Multinational Enterprises, including by advancing relevant due diligence standards. _________________ 99 Joint Communication to the European Parliament and the Council on the EU Action Plan on Human Rights and Democracy 2020-2024 (JOIN/2020/5 final).
2022/11/10
Committee: IMCO
Amendment 65 #

2022/0051(COD)

Proposal for a directive
Recital 21
(21) Under this Directive, EU companies with more than 500 employees on average and a worldwide net turnover exceeding EUR 150 million in the financial year preceding the last financial year should be required to comply with due diligence. As regards companies which do not fulfil those criteria, but which had more than 250 employees on average and more than EUR 40 million worldwide net turnover in the financial year preceding the last financial year and which operate in one or more high-impact sectors, due diligence should apply 2 years after the end of the transposition period of this directive, in order to provide for a longer adaptation period. In order to ensure a proportionate burden, companies operating in such high- impact sectors should be required to comply with more targeted due diligence focusing on severe adverse impacts. Temporary agency workers, including those posted under Article 1(3), point (c), of Directive 96/71/EC, as amended by Directive 2018/957/EU of the European Parliament and of the Council103, should be included in the calculation of the number of employees in the user company. Posted workers under Article 1(3), points (a) and (b), of Directive 96/71/EC, as amended by Directive 2018/957/EU, should only be included in the calculation of the number of employees of the sending company. Micro, small and medium-sized enterprises (SMEs), defined in accordance with the Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises103 a, should be excluded from the scope of this Directive so as to reduce the administrative burdens and excessive requirements imposed upon them. _________________ 103 Directive (EU) 2018/957 of the European Parliament and of the Council of 28 June 2018 amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services (OJ L 173, 9.7.2018, p. 16). 103 a Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (C(2003) 1422) (OJ L 124, 20.5.2003, pp. 36–41).
2022/11/10
Committee: IMCO
Amendment 71 #

2022/0051(COD)

Proposal for a directive
Recital 22
(22) In order to reflect the priority areas of international action aimed at tackling human rights and environmental issues, the selection of high-impact sectors for the purposes of this Directive should be based on existing sectoral OECD due diligence guidance as defined by the OECD. The following sectors should be regarded as high-impact for the purposes of this Directive: the manufacture of textiles, leather and related products (including footwear), and the wholesale trade of textiles, clothing and footwear; agriculture, forestry, fisheries (including aquaculture), the manufacture of food products, and the wholesale trade of agricultural raw materials, live animals, wood, food, and beverages; the extraction of mineral resources regardless of where they are extracted from (including crude petroleum, natural gas, coal, lignite, metals and metal ores, as well as all other, non- metallic minerals and quarry products), the manufacture of basic metal products, other non-metallic mineral products and fabricated metal products (except machinery and equipment), and the wholesale trade of mineral resources, basic and intermediate mineral products (including metals and metal ores, construction materials, fuels, chemicals and other intermediate products). As regards the financial sector, due to its specificities, in particular as regards the value chain and the services offered, even if it is covered by sector-specific OECD guidance, it should not form part of the high-impact sectors covered by this Directive. At the same time, in this sector, the broader coverage of actual and potential adverse impacts should be ensured by also including very large companies in the scope that are regulated financial undertakings, even if they do not have a legal form with limited liability.
2022/11/10
Committee: IMCO
Amendment 73 #

2022/0051(COD)

Proposal for a directive
Recital 23
(23) In order to achieve fully the objectives of this Directive addressing human rights and adverse environmental impacts with respect to companies’ operations, subsidiaries and value chains, third-country companies with significant operations in the EU should also be covered. More specifically, the Directive should apply to third-country companies which generated a net turnover of at least EUR 150 million in the Union in the financial year preceding the last financial year or a net turnover of more than EUR 40 million but less than EUR 150 million in the financial year preceding the last financial year in one or more of the high- impact sectors, as of 2 years after the end of the transposition period of this Directive.
2022/11/10
Committee: IMCO
Amendment 76 #

2022/0051(COD)

Proposal for a directive
Recital 24
(24) For defining the scope of application in relation to non-EU companies the described turnover criterion should be chosen as it creates a territorial connection between the third-country companies and the Union territory. Turnover is a proxy for the effects that the activities of those companies could have on the internal market. In accordance with international law, such effectscriterion of contracts concluded with companies or individuals established in the European Union should be chosen. This connection already justifyies the application of Union law to third- country companies. To ensure identification of the relevant turnover of companies concerned, the methods for calculating net turnover for non-EU companies as laid down in Directive (EU) 2013/34 as amended by Directive (EU) 2021/2101 should be used. To ensure effective enforcement of this Directive, an employee threshold should, in turn, not be applied to determine which third-country companies fall under this Directive, as the notion of “employees” retained for the purposes of this Directive is based on Union law and could not be easily transposed outside of the Union. In the absence of a clear and consistent methodology, including in accounting frameworks, to determine the employees ofnon-EU companies in EU legal acts such as the Regulation laying down harmonised rules on artificial intelligence. With a view to ensuring that the supervisory authority knows which third- country companies, such employee threshold would therefore create legal uncertainty and would be difficult to apply for supervisory authorities. The definition of turnover should be based on Directive 2013/34/EU which has already established the methods for calculating net turnover for non-Union companies, as turnove conclude contracts with companies or aind revenue definitions are similar in international accounting frameworks too. With a view to ensuring that the supervisory authority knows which third country companies generateividuals established in the Union and the required turnover in the Union tofore fall under the scope of this Directive, this Directive should require that a supervisory authority in the Member State where the third country company’s authorised representative is domiciled or established and, where it is different, a supervisory authority in the Member State in which the company generated most of its net turnover in the Union in the financial year preceding the last financial year are informed that the company is a company falling under the scope of this Directive.
2022/11/10
Committee: IMCO
Amendment 195 #

2022/0051(COD)

Proposal for a directive
Article 2 – paragraph 2 – introductory part
2. This Directive shall also apply under the same conditions to companies which are formed in accordance with the legislation of a third country, and fulfil one of the following conditconclude contracts with companies or individuals established in the Unions:.
2022/11/10
Committee: IMCO
Amendment 197 #

2022/0051(COD)

Proposal for a directive
Article 2 – paragraph 2 – point a
(a) generated a net turnover of more than EUR 150 million in the Union in the financial year preceding the last financial year;deleted
2022/11/10
Committee: IMCO
Amendment 201 #

2022/0051(COD)

Proposal for a directive
Article 2 – paragraph 2 – point b
(b) generated a net turnover of more than EUR 40 million but not more than EUR 150 million in the Union in the financial year preceding the last financial year, provided that at least 50% of its net worldwide turnover was generated in one or more of the sectors listed in paragraph 1, point (b).deleted
2022/11/10
Committee: IMCO
Amendment 87 #

2022/0047(COD)

Proposal for a regulation
Recital 1
(1) In recent years, data-driven technologies have had transformative effects on all sectors of the economy. In recent years, data-driven technologies have had transformative effects on all sectors of the economy. High quality and interoperable data from different domains increase competitiveness and innovation and ensure sustainable economic growth. In the light of those challenges, it is critical that the Commission support the Member States in their digital independence strategies, including in the development of European digital infrastructure, and ensure that European users’ privacy, data security and rights are strongly protected. The same dataset may potentially be used and reused for a variety of purposes and to an unlimited degree, without any loss in its quality or quantity.
2022/11/16
Committee: IMCO
Amendment 90 #

2022/0047(COD)

Proposal for a regulation
Recital 2
(2) Barriers to data sharing prevent an optimal allocation of data to the benefit of society. These barriers include a lack of incentives for data holders to enter voluntarily into data sharing agreements, uncertainty about rights and obligations in relation to data, abuse of dominant positions by companies from third countries, the EU’s lack of ambition with regard to strategic independence vis-à-vis third countries and their companies, costs of contracting and implementing technical interfaces, the high level of fragmentation of information in data silos, poor metadata management, the absence of standards for semantic and technical interoperability, bottlenecks impeding data access, a lack of common data sharing practices and abuse of contractual imbalances with regards to data access and use.
2022/11/16
Committee: IMCO
Amendment 99 #

2022/0047(COD)

Proposal for a regulation
Recital 7
(7) The fundamental right to the protection of personal data is safeguarded in particular under Regulation (EU) 2016/679 and Regulation (EU) 2018/1725. Directive 2002/58/EC additionally protects private life and the confidentiality of communications, including providing conditions to any personal and non- personal data storing in and access from terminal equipment. These instruments provide the basis for sustainable and responsible data processing, including where datasets include a mix of personal and non-personal data. This Regulation complements and is without prejudice to Union law on data protection and privacy, in particular Regulation (EU) 2016/679 and Directive 2002/58/EC. No provision of this Regulation should be applied or interpreted in such a way as to diminish or limit the right to the protection of personal data or the right to privacy and confidentiality of communications. In the event of a conflict between this Regulation and Union law on the protection of personal data or national law adopted in accordance with Union law of that kind, the relevant Union or national law on the protection of personal data shall prevail. This Regulation does not create a legal basis for the processing of personal data, nor does it affect any of the rights or obligations set out in Regulations (EU) 2016/679 or (EU) 2018/1725 or Directives 2002/58/EC or (EU) 2016/680.
2022/11/16
Committee: IMCO
Amendment 102 #

2022/0047(COD)

Proposal for a regulation
Recital 8
(8) The principles of data minimisation and data protection by design and by default are essential when processing involves significant risks to the fundamental rights of individuals. Taking into account the state of the art, all parties to data sharing, including where within scope of this Regulation, should implement technical and organisational measures to protect these rights. Such measures include not only pseudonymisation and encryption, but also the use of increasingly available technology that permits algorithms to be brought to the data and allow valuable insights to be derived without the transmission between parties or unnecessary copying of the raw or structured data themselves. Products should, therefore, be designed in a way that makes it possible for data subjects to use products covered by this Regulation anonymously or with the least possible infringement of their privacy.
2022/11/16
Committee: IMCO
Amendment 107 #

2022/0047(COD)

Proposal for a regulation
Recital 14
(14) Physical products that obtain, generate or collect, by means of their components, data concerning their performance, use or environment and that are able to communicate that data via a publicly available electronic communications service (often referred to as the Internet of Things) should be covered by this Regulation. Electronic communications services include land- based telephone networks, television cable networks, satellite-based networks and near-field communication networks. Such products may include vehicles, home equipment and consumer goods, medical and health devices or agricultural and industrial machinery. The data represent the digitalisation of user actions and events and should accordingly be accessible to the user, while information derived or inferred from this data, where lawfully held, should not be considered within scope of this Regulation. Such data are potentially valuable to the user and support innovation and the development of digital and other services protecting the environment, health and the circular economy, in particular though facilitating the maintenance and repair of the products in question. The processing, use and sharing of and access to personal and sensitive data, such as health data, by data holders, users and third parties or recipients shall be subject to all the conditions and rules laid down in the EU regulatory framework on data protection and privacy.
2022/11/16
Committee: IMCO
Amendment 208 #

2022/0047(COD)

Proposal for a regulation
Article premier – paragraph 2 – point a
(a) manufacturers of products and suppliers of related services placed on the market in the Union, regardless of their place of establishment, and the users of such products or services;
2022/11/16
Committee: IMCO
Amendment 217 #

2022/0047(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
(1a) ‘personal data’ means any information relating to an identified or identifiable natural person; an identifiable natural person is a natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
2022/11/16
Committee: IMCO
Amendment 224 #

2022/0047(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 1 b (new)
(1b) ‘non-personal data’ means data other than personal data as defined in point (1) of Article 4 of Regulation (EU) 2016/679;
2022/11/16
Committee: IMCO
Amendment 322 #

2022/0047(COD)

Proposal for a regulation
Article 4 – paragraph 4
4. The user and/or third party shall not use the data obtained pursuant to a request referred to in paragraph 1 to develop a product that competes with the product from which the data originate.
2022/11/16
Committee: IMCO
Amendment 343 #

2022/0047(COD)

Proposal for a regulation
Article 6 – paragraph 2 – point a
(a) coerce, deceive or manipulate the user in any way, whether that person is the person concerned or not, by subverting or impairing the autonomy, decision-making or choices of the user, including by means of a digital interface with the user;
2022/11/16
Committee: IMCO
Amendment 359 #

2022/0047(COD)

Proposal for a regulation
Article 8 – paragraph 1
1. Where a data holder is obliged to make data available to a data recipient under Article 5 or under other Union law or national legislation implementing Union law, it shall do so under fair, reasonable and non-discriminatory terms and in a transparent manner in accordance with the provisions of this Chapter and Chapter IV and without prejudice to Regulation (EU) 2016/679.
2022/11/16
Committee: IMCO
Amendment 391 #

2022/0047(COD)

Proposal for a regulation
Article 13 – title
Unfair contractual terms unilaterally imposed on a micro, small or medium- sized enterprise
2022/11/16
Committee: IMCO
Amendment 395 #

2022/0047(COD)

Proposal for a regulation
Article 13 – paragraph 1
1. A contractual term, concerning the access to and use of data or the liability and remedies for the breach or the termination of data related obligations which has been unilaterally imposed by an enterprise on a micro, small or medium-sizednother enterprise as defined in Article 2 of the Annex to Recommendation 2003/361/EC shall not be binding on the latter enterprise if it is unfair.
2022/11/16
Committee: IMCO
Amendment 406 #

2022/0047(COD)

Proposal for a regulation
Article 15 – paragraph 1 – introductory part
An exceptional need to use data within the meaning of this Chapter shall be strictly limited in time and scope and only deemed to exist in any of the following circumstances:
2022/11/16
Committee: IMCO
Amendment 421 #

2022/0047(COD)

Proposal for a regulation
Article 15 – paragraph 1 – point c – point 2
(2) obtaining the data in line with the procedure laid down in this Chapter would substantively reduce the administrative burden for data holders or other enterprises.deleted
2022/11/16
Committee: IMCO
Amendment 477 #

2022/0047(COD)

Proposal for a regulation
Article 23 – paragraph 1 – point a
(a) terminating, after a maximum notice period of 3015 calendar days, the contractual agreement of the service;
2022/11/16
Committee: IMCO
Amendment 545 #

2022/0047(COD)

Proposal for a regulation
Article 24 – paragraph 2
2. Where the mandatory transition period as defined in paragraph 1, points (a) and (c) of this Article is technically unfeasible, the provider of data processing services shall notify the customer within 7 working days after the switching request has been made, duly motivating the technical unfeasibility with a detailed report and indicating an alternative transition period, which may not exceed 63 months. In accordance with paragraph 1 of this Article, full service continuity shall be ensured throughout the alternative transition period against reduced charges, referred to in Article 25(2).
2022/11/11
Committee: IMCO
Amendment 555 #

2022/0047(COD)

Proposal for a regulation
Article 25 – paragraph 1
1. From [date X+3yr + 3 months] onwards, providers of data processing services shall not impose any charges on the customer for the switching process.
2022/11/11
Committee: IMCO
Amendment 564 #

2022/0047(COD)

Proposal for a regulation
Article 25 – paragraph 2
2. From [date X, the date of entry into force of the Data Act] until [date X+3yr + 3 months], providers of data processing services may impose reduced charges on the customer for the switching process.
2022/11/11
Committee: IMCO
Amendment 601 #

2022/0047(COD)

Proposal for a regulation
Article 27 – paragraph 1
1. Providers of data processing services shall take all reasonablethe necessary technical, legal and organisational measures, including contractual arrangements, in order to prevent international transfer or governmental access to non-personal data held in the Union where such transfer or access would create a conflict with Union law or the national law of the relevant Member State, without prejudice to paragraph 2 or 3.
2022/11/11
Committee: IMCO
Amendment 603 #

2022/0047(COD)

Proposal for a regulation
Article 27 – paragraph 2
2. Any decision or judgment of a court or tribunal, in accordance with Article 47 of the Charter of Fundamental Rights of the European Union, and any decision of an administrative authority of a third country requiring a provider of data processing services to transfer from or give access to non-personal data within the scope of this Regulation held in the Union may only be recognised or enforceable in any manner if based on an international agreement, such as a mutual legal assistance treaty, in force between the requesting third country and the Union or any such agreement between the requesting third country and a Member State.
2022/11/11
Committee: IMCO
Amendment 606 #

2022/0047(COD)

Proposal for a regulation
Article 27 – paragraph 3 – subparagraph 1 – introductory part
In the absence of such an international agreement, wWhere a provider of data processing services is the addressee of a decision of a court or a tribunal or a decision of an administrative authority of a third country to transfer from or give access to non- personal data within the scope of this Regulation held in the Union and compliance with such a decision would risk putting the addressee in conflict with Union law or with the national law of the relevant Member State, transfer to or access to such data by that third-country authority shall take place only:
2022/11/11
Committee: IMCO
Amendment 607 #

2022/0047(COD)

Proposal for a regulation
Article 27 – paragraph 3 – subparagraph 1 – point b
(b) the reasoned objection of the addressee is subject to a review by a competent court or tribunal in the third- country, in accordance with Article 47 of the Charter of Fundamental Rights of the European Union; and
2022/11/11
Committee: IMCO
Amendment 659 #

2022/0047(COD)

Proposal for a regulation
Article 31 – paragraph 7 a (new)
7a. The competent authorities shall cooperate with the competent authorities of the other Member States to ensure this Regulation is implemented coherently and efficiently. Such mutual assistance shall include the exchange of all relevant information by secure electronic means without undue delay, in particular for the purpose of carrying out the tasks referred to in paragraph 3(b), (c) and (d).
2022/11/11
Committee: IMCO
Amendment 660 #

2022/0047(COD)

Proposal for a regulation
Article 31 – paragraph 7 b (new)
7b. Entities falling within the scope of this Regulation shall be subject to the jurisdiction of the Member State where the entity is established. In the event that the entity is established in more than one Member State, it shall be deemed to fall under the territorial jurisdiction of all Member States if the entity is a gatekeeper designated pursuant to Article 3 of Regulation (EU) 2022/1925 on fair and competitive markets in the digital sector and amending Directives (EU) 2019/1937 and (EU) 2020/1828.
2022/11/11
Committee: IMCO
Amendment 83 #

2022/0032(COD)

Proposal for a regulation
Recital 29
(29) In light of the structural deficiencies of the semiconductor supply chain and the resulting risk of future shortages, this Regulation provides instruments for a coordinated approach to monitoring and effectively tackling possible market disruptions. The long-term objective of the monitoring exercise enshrined under this Regulation should be a shift from crisis mitigation to crisis prevention.
2022/09/19
Committee: IMCO
Amendment 84 #

2022/0032(COD)

Proposal for a regulation
Recital 30
(30) Due to the complex, quickly evolving and interlinked semiconductor value chains with various actors, a coordinated approach to regular monitoring is necessary to increase the ability to mitigate risks that may negatively affect the supply of semiconductors. Member States, in close coordination with relevant stakeholders, should monitor the semiconductor value chain focusing on early warning indicators and the availability and integrity of the services and goods provided by key market actors,. The monitoring activity shall be targeted and purpose driven in such a way that it would not represent an excessive administrative burden for undertakings nor jeopardize confidentiality requirements .Information collected within the scope of this exercise shall be consistent, comparable at EU level and paced in line with evolving global developments. In this regard the Commission may provide guidance in order to avoid excessive defragmentation in the set-up of national monitoring mechanisms.
2022/09/19
Committee: IMCO
Amendment 92 #

2022/0032(COD)

Proposal for a regulation
Recital 35
(35) As part of the monitoring, national competent authorities should also do a mapping of undertakings operating in the Union along the semiconductor supply chain established in their national territory and notify this information to the Commission. Strategic mapping shall complement the monitoring activity under this Regulation and should serve the objective of understanding long-term interdependencies across the supply chain.
2022/09/19
Committee: IMCO
Amendment 97 #

2022/0032(COD)

Proposal for a regulation
Recital 37
(37) In order to forecast and prepare for future disruptions of the different stages of the semiconductor value chain in the Union, the Commission should, assisted by the European Semiconductor Board, identify early warning indicators in the Union risk assessment. Such indicators could include the availability of raw materials, intermediate products and human capital needed for manufacturing semiconductors, or appropriate manufacturing equipment, the forecasted demand for semiconductors on the Union and global markets, price surges exceeding normal price fluctuation, the effect of accidents, attacks, natural disasters or other serious events, the effect of trade policies, tariffs, export restrictions, trade barriers and other trade related measures, and the effect of business closures, delocalisations or acquisitions of key market actors. Member States should monitor these early warning indicators. A strong involvement of the industry in the monitoring of identified indicators should be a prerequisite for earlier qualitative assessment and simulation of potential shortages.
2022/09/19
Committee: IMCO
Amendment 110 #

2022/0032(COD)

Proposal for a regulation
Recital 42
(42) The semiconductor crisis stage should be triggered as last resort in the presence of concrete, serious, and reliable evidence of such a crisis. A semiconductor crisis occurs in case of serious disruptions to the supply of semiconductors leading to significant shortages which entail significant delays and negative effects on one or more important economic sectors in the Union, either directly or through ripple effects of the shortage, given that the Union’s industrial sectors represent a strong user base of semiconductors. Alternatively or in addition, a semiconductor crisis also occurs when serious disruptions of the supply of semiconductors lead to significant shortages which prevent the supply, repair and maintenance of essential products used by critical sectors, for instance medical and diagnostic equipment.
2022/09/19
Committee: IMCO
Amendment 112 #

2022/0032(COD)

Proposal for a regulation
Recital 43
(43) In order to ensure an agile and effective response to such a semiconductor crisis, the Commission should be empowered to activate the crisis stage by means of an implementing acts and for a predetermined duration period, taking into account the opinion of the European Semiconductor Board. The Commission should assess the need for prolongation and prolong the duration of the crisis stage for a predetermined period, should such a necessity be ascertained, taking into account the opinion of the European Semiconductor Board. Equally, should supply chain recovery conditions be ascertained, the Commission, in accordance with the European Semiconductor Board, should assess the possibility of ending the crisis stage and related measures in advance.
2022/09/19
Committee: IMCO
Amendment 124 #

2022/0032(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point c
(c) setting up a coordination mechanism between the Member States and, the Commission as well as key market actors and relevant end user industries for monitoring the supply of semiconductors and crisis response to semiconductor shortages.
2022/09/19
Committee: IMCO
Amendment 124 #

2022/0032(COD)

Proposal for a regulation
Recital 1
(1) Semiconductors are at the core of any digital device: from smartphones and cars, through critical applications and infrastructures in health, energy, communications and automation to most other industry sectors. While semiconductors are essential to the functioning of our modern economy and society, the Union has witnessed unprecedented disruptions in their supply. The current supply shortage in high range but also in mid-low range of chips, is a symptom of permanent and serious structural deficiencies in the Union’s semiconductor value and supply chain. The disruptions have exposed long-lasting vulnerabilities in this respect, notably a strong third-country dependency in manufacturing and design of chips.
2022/10/19
Committee: ITRE
Amendment 126 #

2022/0032(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 16
(16) ‘critical sector’ means any sector referred to in the Annex of the Commission proposal for a Directive of the European Parliament and of the Council on the resilience of critical entities, the defence sector and other, activities that are relevant for public safety and security as well as any other activity or sector of strategic economic importance for Member States;
2022/09/19
Committee: IMCO
Amendment 134 #

2022/0032(COD)

Proposal for a regulation
Recital 3
(3) This framework pursues two objectives. The first objective is to ensure the conditions necessary for the competitiveness and innovation capacity of the Union and to ensure the adjustment of the industry to structural changes due to fast innovation cycles and the need for sustainability as well as to ensure supply of chips to core sectors for the Union's economy. The second objective, separate and complementary to the first one, is to improve the functioning of the internal market by laying down a uniform Union legal framework for increasing the Union’s resilience and security of supply in the field of semiconductor technologies.
2022/10/19
Committee: ITRE
Amendment 145 #

2022/0032(COD)

Proposal for a regulation
Recital 4
(4) It is necessary to take measures to build capacity and strengthen the Union’s semiconductor sector in line with Article 173(3) of the Treaty. These measures do not entail the harmonisation of national laws and regulations. In this regard, the Union should reinforce the competitiveness and resilience of the semiconductor technological and industrial base, whilst strengthening the innovation and manufacturing capacityies of its semiconductor sector, reducing dependence on a limited number of third country companies and geographies, and strengthening its capacity to design and produce advanced components. The Chips for Europe Initiative (the ‘Initiative’) should support these aims by bridging the gap between Europe’s advanced research and innovation capabilities and their sustainable industrial exploitation in terms of manufacturing. It should promote capacity building to enable design, production and systems integration in next generation semiconductor technologies, enhance collaboration among key players across the Union, strengthening Europe's semiconductor supply and value chains, serving key industrial sectors and creating new markets.
2022/10/19
Committee: ITRE
Amendment 148 #

2022/0032(COD)

Proposal for a regulation
Article 15 – paragraph 2
2. Member States shall invite the main users of semiconductors and other relevant stakeholders to provide information regarding significant fluctuations in demand and known disruptions of their supply chain. To facilitate the exchange of information, Member States shall provide for a mechanism and administrative set-up for these updates. In doing so, Member States shall consult relevant end user industries with a view to build the necessary mechanisms on existing industry best monitoring practices.
2022/09/19
Committee: IMCO
Amendment 163 #

2022/0032(COD)

Proposal for a regulation
Recital 8
(8) The semiconductor sector is characterised by very high development and innovation costs and very high costs for building state of the art testing and experimentation facilities to support the industrial production. This has direct impact on the competitiveness and innovation capacity of the Union industry, as well as on the security and resilience of the supply. In light of the lessons learnt from recent shortages in the Union and worldwide and the rapid evolution of technology challenges and innovation cycles affecting the semiconductor value chain, it is necessary to strengthen the Union’s competitiveness, resilience and, innovation capacity and manufacturing by setting up the Initiative.
2022/10/19
Committee: ITRE
Amendment 174 #

2022/0032(COD)

Proposal for a regulation
Article 16 – paragraph 2
2. The Commission shall review the Union risk assessment including the early warning indicators as necessary, including upon indication of the European Semiconductor Board.
2022/09/19
Committee: IMCO
Amendment 179 #

2022/0032(COD)

Proposal for a regulation
Recital 12
(12) In order to achieve its general objective, and address both the supply and demand side challenges of the current semiconductor ecosystem, the Initiative should include five main components. First, to reinforce Europe’s design capacity, the Initiative should support actions to build a virtual platform that is available across the Union. The platform should connect the communities of design houses, SMEs and start-ups, intellectual property and tool suppliers, with research and technology organisations to provide virtual prototype solutions based on co- development of technology. Second, in order to strengthen the security and resilience of supply and reducing the Union’s dependency on third country production, the Initiative should support development and access to pilot lines. The pilot lines should provide for the industry a facility to test, experiment and validate semiconductor technologies and system design concepts at the higher technology readiness levels beyond level 3 but under level 8 while reducing environmental impacts as much as possible. Union investments along Member States investment and with the private sector in pilot lines is necessary to address the existing structural challenge and market failure where such facilities are not available in the Union hindering innovation potential and global competitiveness of the Union. Third, in order to enable investments in alternative technologies, such as quantum technologies, conducive to the development of the semiconductors sector, the Initiative should support actions including on design libraries for quantum chips, pilot lines for building quantum chips and testing and experimentation facilities for quantum components. Fourth, in order to promote the use of the semiconductor technologies, to provide access to design and pilot line facilities, and to address skills gaps across the Union, the Initiative should support establishment of the competence centres on semiconductors in each Member State. Access to publicly funded infrastructure, such as pilot and testing facilities, and to the competence network, should be open to a wide range of users and must be granted on a transparent and non-discriminatory basis and on market terms (or cost plus reasonable margin basis) for large undertakings, while SMEs and academic research centers can benefit from preferential access or reduced prices. Such access, including for international research and commercial partners, can lead to broader cross-fertilisation and gains in know-how and excellence, while contributing to cost recovery. Fifth, The Commission should set-up a dedicated semiconductor investment facility support (as part of the investment facilitation activities described collectively as the ‘Chips Fund’) proposing both equity and debt solutions, including a blending facility under the InvestEU Fund established by Regulation (EU) 2021/523 of the European Parliament and Council53 , in close cooperation with the European Investment Bank Group and together with other implementing partners such as national promotional banks and institutions. The ‘Chips Fund’ activities should support the development of a dynamic and resilient semiconductor ecosystem by providing opportunities for increased availability of funds to support the growth of start-ups and SMEs as well as investments across the value chain, including for other companies in the semiconductor value chains. In this context, the European Innovation Council will provide further dedicated support through grants and equity investments to high risk, market creating innovators. _________________ 53 Regulation (EU) 2021/523 of the European Parliament and of the Council of 24 March 2021 establishing the InvestEU Programme and amending Regulation (EU) 2015/1017 (OJ L 107, 26.3.2021, p. 30).
2022/10/19
Committee: ITRE
Amendment 188 #

2022/0032(COD)

Proposal for a regulation
Article 18 – paragraph 3 a (new)
3 a. During the crisis stage the Commission shall, upon request from a Member State or on its own initiative, equally assess whether advance termination of crisis stage should be considered. Where the assessment concludes that earlier termination is appropriate, the Commission may conclude activation after consulting the European Semiconductor Board.
2022/09/19
Committee: IMCO
Amendment 207 #

2022/0032(COD)

Proposal for a regulation
Article 19 – paragraph 4
4. The use of the measures referred to in paragraph 1 shall be proportionate and restricted to what is necessary for addressing serious disruptions of vital societal functions or strategic economic activities in the Union and must be in the best interest of the Union. The use of these measures shall avoid placing disproportionate administrative burden on SMEs.
2022/09/19
Committee: IMCO
Amendment 212 #

2022/0032(COD)

Proposal for a regulation
Article 19 – paragraph 6
6. The Commission mayshall, after consulting the European Semiconductor Board, issue guidance on the implementation and the use of the emergency measures.
2022/09/19
Committee: IMCO
Amendment 215 #

2022/0032(COD)

Proposal for a regulation
Article 22 – paragraph 1
1. The Commission may, upon the request of two or more Member States, establish a mandate to act as a central purchasing body on behalf of the participating Member States (‘participating Member States’) for their public procurement of crisis-relevant products for certain critical sectors or strategic economic activities in the Union (‘common purchasing’).
2022/09/19
Committee: IMCO
Amendment 219 #

2022/0032(COD)

Proposal for a regulation
Article 22 – paragraph 2
2. The Commission shall, in consultation with the European Semiconductor Board, assess the utility, necessity and proportionality of the request. Where the Commission intends not to follow the request, it shall inform the Member States concerned and the European Semiconductor Board without undue delay and give reasons for its refusal.
2022/09/19
Committee: IMCO
Amendment 223 #

2022/0032(COD)

Proposal for a regulation
Article 22 – paragraph 4
4. Procurement under this Regulation shall be carried out by the Commission in accordance with the rules set out in the Financial Regulation for its own procurement. The Commission may have the ability and responsibility, on behalf of all participating Member States, to enter into contracts with economic operators, including individual producers of crisis- relevant products, concerning the purchase of such products or concerning the advance financing of the production or the development of such products in exchange for a priority right to the result. The Commission shall keep Member States duly informed of the progress of the procurement procedure.
2022/09/19
Committee: IMCO
Amendment 235 #

2022/0032(COD)

Proposal for a regulation
Recital 29
(29) In light of the structural deficiencies of the semiconductor supply chain and the resulting risk of future shortages, this Regulation provides instruments for a coordinated approach to monitoring and effectively tackling possible market disruptions and related impact on the competitiveness of European industry.
2022/10/19
Committee: ITRE
Amendment 241 #

2022/0032(COD)

Proposal for a regulation
Recital 30
(30) Due to the complex, quickly evolving and interlinked semiconductor value chains with various actors, a coordinated approach to regular monitoring is necessary to increase the ability to mitigate risks that may negatively affect the supply of semiconductors. Member States should monitor the semiconductor value chain focusing on early warning indicators and the availability and integrity of the services and goods provided by key market actors and European industrial end-users, in such a way that it would not represent an excessive administrative burden for undertakings.
2022/10/19
Committee: ITRE
Amendment 265 #

2022/0032(COD)

Proposal for a regulation
Recital 36
(36) In order to facilitate effective monitoring, in-depth assessment of the risks associated with different stages of the semiconductor value chain is needed, including on the origins and sources of supplies beyond the Union. Such risks may be related to critical inputs (raw materials, intermediate product) and equipment for the industry, including digital products that may be vulnerable, possible impact of counterfeit semiconductors, manufacturing capacities and other risks that may disrupt, compromise or negatively affect the supply chain. Those risks could include supply chains with a single point of failure or which are otherwise highly concentrated. Other relevant factors could include the availability of substitutes or alternative sources for critical inputs and resilient and sustainable transport. The Commission should, assisted by the European Semiconductor Board and taking also into account information received from the main user categories, develop a Union level risk assessment.
2022/10/19
Committee: ITRE
Amendment 293 #

2022/0032(COD)

Proposal for a regulation
Recital 46
(46) A number of sectors are critical for the proper functioning of the internal market and to preserve the competitiveness of European industries. Those critical sectors are the sectors listed in the Annex of the Commission proposal for a Directive of the European Parliament and of the Council on the resilience of critical entities61 . For the purposes of this Regulation, defence, automotive and other activities that are relevant for public safety and security as well as economic wellness of Europe should be additionally considered as a critical sector. Certain measures should only be enacted fur the purpose of securing supply to critical sectors. The Commission may limit the emergency measures to certain of these sectors or to certain parts of them when the semiconductor crisis has disturbed or is threatening to disturb their operation. _________________ 61 COM(2020) 829. 16.12.2020.
2022/10/19
Committee: ITRE
Amendment 297 #

2022/0032(COD)

Proposal for a regulation
Recital 47
(47) The purpose of requests for information from undertakings along the semiconductor supply chain established in the Union in the crisis stage is an in-depth assessment of the semiconductor crisis in order to identify potential mitigation or emergency measures at Union or national level and to support, in perspective, the independence from third country suppliers. Such information may include production capability, production capacity and current primary disruptions and bottlenecks. These aspects could include the typical and current actual stock of crisis-relevant products in its production facilities located in the Union and third country facilities which it operates or contracts or purchases supply from; the typical and current actual average lead time for the most common products produced; the expected production output for the following three months for each Union production facility; reasons that prevent the filling of production capacity; or other existing data necessary to assess the nature of the semiconductor crisis or potential mitigation or emergency measures at national or Union level. Any request should be proportionate, have regard for the legitimate aims of the undertaking and the cost and effort required to make the data available, as well as set out appropriate time limits for providing the requested information. Undertakings should be obliged to comply with the request and may be subject to penalties if they fail to comply or provide incorrect information. Any information acquired should be subject to confidentiality rules. Should an undertaking be subject to a request for information related to its semiconductor activities from a third country, it should inform the Commission so to enable an assessment whether an information request by the Commission is warranted.
2022/10/19
Committee: ITRE
Amendment 304 #

2022/0032(COD)

Proposal for a regulation
Recital 48
(48) In order to ensure that critical sectors can continue to operate in a time of crisis and when necessary and proportionate for this purpose, Integrated Production Facilities and Open EU Foundries could be obliged by the Commission to accept and prioritise orders of crisis-relevant products. This obligation may also be extended to semiconductor manufacturing facilities which have accepted such possibility in the context of receiving public support to create or enlarge manufacturing capacity. The decision on a priority rated order should be taken in accordance with all applicable Union legal obligations, having regard to the circumstances of the case. The priority rating obligation should take precedence over any performance obligation under private or public law while it should have regard for the legitimate aims of the undertakings and the cost and effort required for any change in production sequence. Undertakings may be subject to penalties if they fail to comply with the obligation for priority rated orders.
2022/10/19
Committee: ITRE
Amendment 316 #

2022/0032(COD)

Proposal for a regulation
Recital 53
(53) When the crisis stage is activated, two or more Member States could mandate the Commission to aggregate demand and act on their behalf for their public procurement in the public interest, in accordance with existing Union rules and procedures, leveraging its purchasing power. The mandate could authorise the Commission to enter into agreements concerning the purchase of crisis-relevant products (raw material, intermediate products) for certain critical sectors. The Commission should assess for each request the utility, necessity and proportionality in consultation with the Board. Where it intends to not follow the request, it should inform the concerned Member States and the Board and give its reasons. Furthermore, the participating Member States should be entitled to appoint representatives to provide guidance and advice during the procurement procedures and in the negotiation of the purchasing agreements. The deployment and use of purchased products should remain within the remit of the participating Member States.
2022/10/19
Committee: ITRE
Amendment 344 #

2022/0032(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 4
(4) ‘semiconductor supply chain’ means the system of activities, organisations, actors, technology, information, resources and services involved in the production of semiconductors, including raw materials, intermediate product, manufacturing equipment, design, fabrication, assembly, testing and packaging;
2022/10/19
Committee: ITRE
Amendment 345 #

2022/0032(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 5
(5) ‘semiconductor value chain’ means the set of activities in relation to a semiconductor product from its conception to its end use, including raw materials, intermediate product, manufacturing equipment, research, design, fabrication, testing, assembly and packaging to embedding and validation in end products;
2022/10/19
Committee: ITRE
Amendment 374 #

2022/0032(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 16
(16) ‘critical sector’ means any sector referred to in the Annex of the Commission proposal for a Directive of the European Parliament and of the Council on the resilience of critical entities, the defence sector, the mobility/automotive sector and other activities that are relevant for public safety and security;
2022/10/19
Committee: ITRE
Amendment 430 #

2022/0032(COD)

Proposal for a regulation
Article 4 – paragraph 2 – point d – point 2
(2) address the skills shortage and mismatch, nurturing, attracting and mobilising new talent and supporting the emergence of a suitably skilled workforce for strengthening the semiconductor sector, including viastudents orientation, reskilling and upskilling of workers.
2022/10/19
Committee: ITRE
Amendment 440 #

2022/0032(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point c
(c) advanced technology and engineering capacities for quantum chips and multilevel chips;
2022/10/19
Committee: ITRE
Amendment 451 #

2022/0032(COD)

Proposal for a regulation
Article 7 – paragraph 3 – point b
(b) the draft Statutes of the ECIC that shall include at least the provisions on: the procedure for setting-up, membership, budget, legal seat, applicable law and jurisdiction, ownership of the results, governance, including decision making procedure and specific role and if applicable voting rights of Member States and the Commission, winding-up, reporting and liability.
2022/10/19
Committee: ITRE
Amendment 473 #

2022/0032(COD)

Proposal for a regulation
Article 8 – paragraph 2 – point e
(e) developing and managing specific training actions on semiconductor technologies and on their applications to support the development of the talent pool in the Union.
2022/10/19
Committee: ITRE
Amendment 526 #

2022/0032(COD)

Proposal for a regulation
Article 11 – paragraph 2 – point b
(b) its establishment and operation have a clear positive impact on the Union’s semiconductor value chain with regard to ensuring the security of supply and increasing qualified workforce, taking into account in particular the strengthen of its production capacity to meet the rising demand the extent to which it offers front- end or back-end, or both, production capacity to undertakings not related to the facility, if there is sufficient demand;
2022/10/19
Committee: ITRE
Amendment 798 #

2022/0032(COD)

Proposal for a regulation
Article 31 – paragraph 4
4. The rights of defence of the undertaking or representative organisations of undertakings concerned shall be fully respected in any proceedings. The undertaking or representative organisations of undertakings concerned shall be entitled to have access to the Commission's file under the terms of a negotiated disclosure, subject to the legitimate interest of undertakings in the protection of their business secrets. The right of access to the file shall not extend to confidential information and internal documents of the Commission or the authorities of the Member States. In particular, the right of access shall not extend to correspondence between the Commission and the authorities of the Member States. Nothing in this paragraph shall prevent the Commission from disclosing and using information necessary to prove an infringement, respecting however undertakings business secrets.
2022/10/19
Committee: ITRE
Amendment 11 #

2022/0021(COD)

Proposal for a regulation
Recital 6
(6) The decision-making bodies of the European standardisation organisations are open to participation not only by national standardisation bodies, but also by national standardisation organisations of acceding countries, candidate countries and potential candidates to the Union, among oth as observers. In order to avoid excluding those organisations from participation in the work of decision- making bodies concerned, while preserving the interests and autonomy of the European Union regarding its decisions in standardisation, it is only necessary to provide that the decisions in those bodies concerning European standards and European standardisation deliverables requested under Article 10(1) of Regulation (EU) No 1025/2012 be taken exclusively by representatives of the Member States' national standardisation bodies, without imposing any other requirements on the work of the decision-making bodies of the European standardisationhile also taking into account the input of national standardisation organisations of third-party States or organisations.
2022/05/20
Committee: IMCO
Amendment 12 #

2022/0021(COD)

Proposal for a regulation
Recital 7
(7) In order for the requirement for decisions in the decision-making bodies of European standardisation organisations concerning European standards and European standardisation deliverables requested by the Commission under Article 10(1) of Regulation (EU) No 1025/2012 to be taken exclusively by representatives of Member States' national standardisations bodies to be effective, it is necessary to provide that the Commission may only make such requests to a European standardisation organisation that complies with that requirement.
2022/05/20
Committee: IMCO
Amendment 13 #

2022/0021(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EU) No 1025/2012
Article 10 – paragraph 1
The Commission may within the limitations of the competences laid down in the Treaties, request that one or several European standardisation organisations draft a European standard or European standardisation deliverable within a set deadline, provided that the European standardisation organisation concerned complies with paragraph 2a. European standards and European standardisation deliverables take into account the public interest and are based on consensus.;
2022/05/20
Committee: IMCO
Amendment 15 #

2022/0021(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
2a. Each European standardisation organisation shall ensure that the following decisions concerning European standards and European standardisation deliverables referred to in paragraph 1 are taken exclusively by representatives of the Member States' national standardisation bodies within the competent decision- making body of that organisation, taking into account the opinion of participating third-party States' or organisations' national standardisation organisations:
2022/05/20
Committee: IMCO
Amendment 9 #

2021/2200(INI)

Motion for a resolution
Recital A
A. whereas the Indo-Pacific region has become a geopolitical and geoeconomic reality; whereas the global economy’s centre of gravity has shifted from the Atlantic to the Pacific; whereas many European countries have begun demonstrating a keen interest in playing a greater role in the Indo-Pacific, which was underlined in the EU Ministerial Forum for cooperation in the Indo- Pacific (Paris, February 2022);
2022/03/28
Committee: INTA
Amendment 26 #

2021/2200(INI)

D. whereas geopolitical competition between the United States and China continues to rise with significant effects on global trade; whereas there is a clear rise of China which entails a critical element of the current global and regional uncertainties;
2022/03/28
Committee: INTA
Amendment 28 #

2021/2200(INI)

Motion for a resolution
Recital D a (new)
D a. Whereas the EU has shown a desire to deepen its engagement with partners in the Indo-Pacific to respond to emerging dynamics that are affecting regional stability; whereas Europe, both as a region and as individual countries, has been inconsistent in how it approaches Asia and deals with the before-mentioned dynamics, remaining most of its member states ambivalent;
2022/03/28
Committee: INTA
Amendment 37 #

2021/2200(INI)

Motion for a resolution
Recital F a (new)
F a. Whereas European overseas territories could hold a very important geostrategic role in enhancing EU’s position and building upon strong cooperation with the neighbouring countries in the fields of connectivity, ocean governance, security and defence;
2022/03/28
Committee: INTA
Amendment 42 #

2021/2200(INI)

Motion for a resolution
Recital G
G. whereas the COVID-19 crisis has accelerated a number of geopolitical trends that were already under way; whereas it also highlighted the need for international cooperation giving rise to intense geopolitical competition adding to increasing tensions on trade as well as in technological, political and security areas; whereas it has also shown vulnerabilities in the global supply chains and has made clear the need for more diversification;
2022/03/28
Committee: INTA
Amendment 49 #

2021/2200(INI)

Motion for a resolution
Recital G a (new)
G a. Whereas EU has expressed its interest in strengthening its role in the Ocean governance sphere in the Indo- Pacific, underlining the core role that EU member states could play in this regard - especially due the presence of France through its overseas territories-;
2022/03/28
Committee: INTA
Amendment 50 #

2021/2200(INI)

Motion for a resolution
Recital G b (new)
G b. Whereas the EU and Member states could play a key role in fostering the sustainable management of the ocean’s resources in the Indo-Pacific region, safeguarding biodiversity, marine diversity and biological resources; underlines in this regards, the importance of various Sustainable Fisheries Partnership Agreements in the region and the role that they could play in the fight against Illegal, Unreported and Unregulated fishing (IUU);
2022/03/28
Committee: INTA
Amendment 74 #

2021/2200(INI)

Motion for a resolution
Paragraph 3 a (new)
3 a. Underlines the role the EU and member states could play in the fight against deforestation; calls in this regard partners from the Indo-Pacific region to fully implement FLEGT agreements and to cooperate in the fight against illegal timber trade;
2022/03/28
Committee: INTA
Amendment 77 #

2021/2200(INI)

Motion for a resolution
Paragraph 3 b (new)
3 b. Calls on the European Commission while negotiating trade and investment agreements to always bear in mind the specificities of the EU overseas territories located in the Pacific and Indian Ocean and to promote and reflect their specific interest;
2022/03/28
Committee: INTA
Amendment 103 #

2021/2200(INI)

Motion for a resolution
Paragraph 8
8. Calls for continuing actions oriented at raising awareness among businesses and citizens of existing FTAs in the region and the opportunities they provide, with a special attention and support to SMEs; calls for strengthened technical and financial support where necessary to help partner countries to effectively implement FTAs, in particular the chapters on TSD;
2022/03/28
Committee: INTA
Amendment 2 #

2021/2186(INI)

Draft opinion
Paragraph 1
1. Expresses concern about the number of petitions setting out cases of discrimination; in this context, stresses that discrimination remains one of the most serious and unacceptable threats to fundamental rights and that it has no place in any aspect of life; regrets the fact that the proposal for a Council Directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation (COM(2008)0426) (the ‘horizontal Anti-Discrimination Directive’) remains blocked in the Council, and calls on the Commission to propose new anti-discrimination legislation; calls, therefore, on the Member States to effectively tackle every alleged case of discrimination and to deal with it in accordance with EU and national law;
2022/02/21
Committee: PETI
Amendment 16 #

2021/2186(INI)

Draft opinion
Paragraph 2
2. Considers that particular attention should be paid to the principle of non- discrimination anchored in Article 21 of the Charter of Fundamental Rights of the European Union (‘the Charter’) and stresses that this provision must be duly respected; calls, therefore, on the CommissionMember States to further develop a rigorous mechanism for a regularn assessment of the situation of fundamental rights, and, in particular, the right to non- discrimination, as it constitutes one of the most frequently violated rights;
2022/02/21
Committee: PETI
Amendment 18 #

2021/2186(INI)

Draft opinion
Paragraph 3
3. Considers that LGBTI people face some of the biggest challenges as far as fundamental rightStresses that the right to life and physical integrity, as well as afre concerned, and, in particular, the right to non- discrimination; stresses that the right of a person to self-determination of their sex, sexual orientation or gender identity is inviolable; highlights that in spite of the progress madedom of belief, freedom of conscience, freedom of art and of expression, and the inviolability of private property are in crecent years wiasingly under th regard to LGBTI acceptance, the situation of LGBTI people in the EU remains critical, as they continue to be the targets of discriminationat; affirms that all people are equal in front of the law;
2022/02/21
Committee: PETI
Amendment 27 #

2021/2186(INI)

Draft opinion
Paragraph 4
4. Urges the Commission, in the light of the increase in the number of cases of discrimination on various grounds, in particular of a person’s sex, sexual orientation and gender identity, to ensure that the Charter to ensure that the Charter of Fundamental Rights of the European Union is upheld and adhered to, using allthe legal instruments provided for; calls on the Commission and the Fundamental Rights Agency to work together to raise awareness about the problem, in order to guarantee equality for all EU citizens;
2022/02/21
Committee: PETI
Amendment 36 #

2021/2186(INI)

Draft opinion
Paragraph 5
5. Highlights the importance of the child’s best interests in cross-border family litigation; emphasises the importance of close cooperation and efficient communication between the different national and local authorities involved in child custody proceedings; calls on the Member States to introduce non- discriminatory monitoring and evaluation systems for child-related cases, which ensure full respect for the fundamental rights of the child, particularly the principle of the best interests of the child; calls on the Member States to respect the right of children to see their parents in spite of theany restrictive measures linked to the pandemic, as long as this does not endanger the children’s safety and healthwell- being;
2022/02/21
Committee: PETI
Amendment 41 #

2021/2186(INI)

Draft opinion
Paragraph 6
6. Calls on the Commission to uphold the fundamental rights of refugees and migrants; emphasises that they are one of the most vulnerable groups in society and need support for their basic needs according to the Geneva Refugee Convention;
2022/02/21
Committee: PETI
Amendment 45 #

2021/2186(INI)

Draft opinion
Paragraph 7
7. Calls on the CommissionMember States to ensure specifically that all refugee camps and asylum accommodations meet the basic needs of refugees and provide them with a basic standard of living, thereby observing the principle of respect for human dignity; calls on the Member States to work closely with the Commission and to strictly follow the Commission’s guidelines in order to ensure sufficient protection of the fundamental rights of asylum seekers;
2022/02/21
Committee: PETI
Amendment 50 #

2021/2186(INI)

Draft opinion
Paragraph 8
8. Highlights that more progress is needed with regard to the safeguarding of refugees’ fundamental rights, especially in the light of the evolving migrant movements, as stipulated by treaty in the Geneva Refugee Convention; in this context, urges the CommissionMember States to develop further approaches guaranteeing respect for fundamental rights, specifically those of asylum seekers; clarifying that asylum - per definition - is limited to a certain period of time; offering refugees to return to their countries of origin as soon as the reason for asylum ceases to exist;
2022/02/21
Committee: PETI
Amendment 61 #

2021/2186(INI)

Draft opinion
Paragraph 9
9. Emphasises that the measures related to the COVID-19 pandemic adopted by many of the Member States have interfered with the rights and freedoms guaranteed by the Union’s legal order, such as the freedom of movement of persons, including travelling within the EU and within countries, the freedom of expression and information, and the right to privacy and data protection, especially in relation to public health and measures taken in order to safeguard it; stresses that the measures taken to contain the pandemic must be in accordance with the rules and principles of the Charter of Fundamental Rights of the European Union and the constitutions of the Member States;
2022/02/21
Committee: PETI
Amendment 69 #

2021/2186(INI)

Draft opinion
Paragraph 11
11. Notes with regret the high number of petitions concerning emergency quarantine measures that have been adopted by several Member States as a result of the pandemic and which may have restricted citizens’ rights and freedoms, such as the freedom of expression and information, the freedom of assembly and of association, and the freedom of movement and of residence; calls, therefore, on the Commission and the Member States to effectively tackle COVID-19-related discrimination, hate speech and racism against ethnic minority groups, migrants and refugees, or people with a migrant background;
2022/02/21
Committee: PETI
Amendment 78 #

2021/2186(INI)

Draft opinion
Paragraph 12
12. Points to the petitions criticising travel restrictions, especially for couples living in different countries; highlights the importance of individual freedom and of the respect for private and family life.
2022/02/21
Committee: PETI
Amendment 33 #

2021/2185(INI)

Draft opinion
Paragraph 4 a (new)
4a. Deplores the fact that the Commission allows dominant players on the digital market to pursue aggressive external growth strategies, making it impossible for a European champion to emerge in this sector.
2022/01/13
Committee: IMCO
Amendment 65 #

2021/2185(INI)

Draft opinion
Paragraph 8 a (new)
8a. Calls on the Commission to take account of the impact on jobs in Europe and on prices for consumers in the procedures to assess the different options put forward by DG Competition to companies looking to merge.
2022/01/13
Committee: IMCO
Amendment 67 #

2021/2185(INI)

Draft opinion
Paragraph 8 b (new)
8b. Calls on the Commission to adapt competition rules and ensure their enforcement in the digital sector to allow for the emergence of European giants capable of competing in global markets and offering European consumers competitive, safe and sovereign digital solutions that keep their data in Europe.
2022/01/13
Committee: IMCO
Amendment 69 #

2021/2185(INI)

Draft opinion
Paragraph 8 c (new)
8c. Calls on the Commission to amend the rules to introduce a quota for European production in the digital sector to restore competitive market structures and respond to consumer demand.
2022/01/13
Committee: IMCO
Amendment 75 #

2021/2185(INI)

Draft opinion
Paragraph 9 a (new)
9a. Calls for a quota or European preference to be introduced for local or European production in public procurement in the digital sector in Europe.
2022/01/13
Committee: IMCO
Amendment 2 #

2021/2180(INI)

Draft opinion
Paragraph 1
1. Emphasises the important role of the Committee on Petitions in identifying and flagging possible breaches of the rule of law, taking into account the numerous petitions received from citizens concerned about breaches of the rule of law in several Member States; strongly believes that full protection of all EU citizens can only be ensured throughout the Union if allthe Member States comply with all principles of the rule of law;
2022/02/08
Committee: PETI
Amendment 16 #

2021/2180(INI)

Draft opinion
Paragraph 3
3. Emphasises that judicial accountability and prosecutorial and judicial independence are crucial components of the rule of law; calls on the Commission to enforce these core EU values when they are infringed by Member States in order to increase citizens’ trust in the judiciary;
2022/02/08
Committee: PETI
Amendment 24 #

2021/2180(INI)

Draft opinion
Paragraph 4
4. Points to the high amount of petitions1 in relation to the impact and challenges brought by the COVID-19 pandemic; calls for an investigation into whether COVID-19-related measures were limited in time and whether their necessity and proportionality was justified; requests an assessment of the checks and balances between the legislative, executive and judicial branches during the pandemic, especially given that courts in several Member States have already ruled that certain measures were not consistent with the national constitution; underlines the need to have a clear legal regime in place before a crisis;essentiality of separation of powers between the legislative, executive and judicial branches. _________________ 1 Petitions No 1438/2020, 1469/2020, 1493/2020, 1501/2020, 0038/2021, 0046/2021, 0053/2021, 0106/2021, 0152/2021, 0186/2021 and 0533/2021.
2022/02/08
Committee: PETI
Amendment 30 #

2021/2180(INI)

Draft opinion
Paragraph 5
5. Notes that emergency regimes and decree-laws were urgently instated by governments in several Member States because of the COVID-19 pandemic, and that this has affected the functioning of the national justice systems and the activity of the courts; draws attention to the lack of participation and the non-involvement of national parliaments in the decision- making and the closure of parliaments during the pandemic, which has increased the power of governments and has led to a lack of accountability and transparency;
2022/02/08
Committee: PETI
Amendment 36 #

2021/2180(INI)

Draft opinion
Paragraph 6
6. Calls on the EU institutions and the Member States to improve the effectiveness of the judicial system by developing the digitalisation process; analogue procedural processes must be available on an equal footing with digital options in order to meet accessibility and the expectations and needs of all citizens;
2022/02/08
Committee: PETI
Amendment 39 #

2021/2180(INI)

Draft opinion
Paragraph 7
7. Is deeply concerned about the status of Poland’s Constitutional Tribunal, the close connections between public prosecutors and the governments (in particular the Public Prosecutor General/Minister of Justice) and the complete disregard for not only EU law requirements, but also European Convention on Human Rights and Polish Constitutional requirements2 ; is further concerned about the impartiality of the judiciary in Hungary3 and the independence of the judiciary in Spain4 ; _________________ 2 Petitions No 0559/2020, 1154/2020, 1246/2020, 1360/2020 and 0869/2021. 3 Petition No 1512/2020. 4 Petitions No 1180/2020, 1182/2020, 1326/2020, 1367/2020, 1561/2020 and 0353/2021.some Member States; therefore calls for impartiality and independence of the judiciary in these Member States;
2022/02/08
Committee: PETI
Amendment 49 #

2021/2180(INI)

Draft opinion
Paragraph 8
8. Stresses the indispensability of enforcing court sentences, both at national and EU level; condemnsalls on all national and regionlocal governments on EU territorywithin the EU that refuse to follow judgments; emphasises that sentences of the Court of Justice of the European Union have to be implemented in a timely manner and as soon as possible in accordance with the Treaties, which the Member States agreed to comply with5 ; _________________ 5 Petition No 0858/2017.
2022/02/08
Committee: PETI
Amendment 64 #

2021/2180(INI)

Draft opinion
Paragraph 11
11. Regrets the fact that that the safety of journalists is not universally guaranteedguaranteed in a full manner; underlines the importance of media pluralism and the need to protect journalists against threats and attacks in order to assure freedom of expression, the freedom of speech and the right to information and safeguard the journalistic profession;
2022/02/08
Committee: PETI
Amendment 73 #

2021/2180(INI)

12. Draws attention to the need for better regulation and more transparency regarding social networking sites9 ; takes note of the insufficiency of the horizontal assessment of the media sector and the lack of representation of online media in the Commission’s 2021 Rule of Law report (COM(2121)700); _________________ 9 Petitions No 1336/2020, 0036/2021, 0137/2021, 0691/2021 and 0719/2021.deleted
2022/02/08
Committee: PETI
Amendment 80 #

2021/2180(INI)

Draft opinion
Paragraph 13
13. Observes that fake news and the resultingobjectively, not ideologically, determined fake news and the resulting objectively, not ideologically, determined misinformation aimed at EU citizens are a threat to our EU democracies10 ; notes, however, that overly extensive control of false information and the increased promotion of disinformation campaigns may lead to a violation of Article 11(1) of the EU Charter of Fundamental Rights which guarantees the indivisible and important right to receive and impart information and ideas without interference by public authorities and regardless of borders according to the core principle of freedom of speech and expression11 ; _________________ 10 Petitions No 1310/2019, 0268/2020, 0743/2020 and 1293/2020. 11 Petition No 1336/2020.
2022/02/08
Committee: PETI
Amendment 87 #

2021/2180(INI)

Draft opinion
Paragraph 14
14. Is concerned about the increase in hate crimes against minorities, in particular those related to religious beliefs, political ideas and sexual orientation12 ; is aware of the difficult balance between hate speech and freedom of expression and acknowledges that the boundaries are hard to define;regrets that this increase in hate crimes is also seen in the context of uncontrolled mass migration from outside the EU; is aware of the difficult balance between hate speech and freedom of speech and expression, but recognises that the boundaries are already defined with laws on defamation of character, libel, slander, defamation of honour, contempt, etc. _________________ 12 Petitions No 0354/2020, 0657/2020, 1038/2020, 0471/2021, 0480/2021, 0667/2021, 0704/2021, 0725/2021, 0820/2021, 0855/2021 and 0894/2021.
2022/02/08
Committee: PETI
Amendment 92 #

2021/2180(INI)

Draft opinion
Paragraph 15
15. Stresses that the findings of the Rule of Law report shouldmight be operationalised in concrete policy actions and that the report shcould only serve conjointly with other instruments, such as infringement procedures, the procedures enshrined in the Conditionality Regulation13 , the rule of law framework and Article 7 of the Treaty on European Union; urges the Commission to use its tools more effectively and in a timely manner; asks the Commission to introduce deadlines for the recommendations based on the Rule of Law report; _________________ 13 Regulation (EU, Euratom) 2020/2092 of the European Parliament and of the Council of 16 December 2020 on a general regime of conditionality for the protection of the Union budget, OJ L 433I , 22.12.2020, p. 1.
2022/02/08
Committee: PETI
Amendment 99 #

2021/2180(INI)

Draft opinion
Paragraph 16
16. Underlines that the role of civil society organisations is of particular importance; calls on the Commission to foster debates with civil society organisations in order to take note of all their concerns and involve them more effectively in follow-up meetings; highlights the need to offer longer consultation periods to guarantee proper participation of all civil society organisations.
2022/02/08
Committee: PETI
Amendment 22 #

2021/2167(INI)

J. whereas the EU has planned a period of unprecedented levels of spending and investment under NextGenerationEU, which will also create significant links with the private sector, therefore making it even more crucial for the EU institutions to have a decision-making process founded on full transparency and on the most stringent ethical rules in order to prevent conflicts of interest and corruption cases;
2021/10/12
Committee: PETI
Amendment 45 #

2021/2167(INI)

Motion for a resolution
Paragraph 5
5. Urges the Commission to ensure full transparency on all details of the research into, and the development, purchase and distribution of COVID-19 vaccines, by publishing non-redacted versions of the Advance Purchase Agreements and the Purchase Agreement and by making the disclosure of all details in future contracts concerning COVID-19 vaccines and COVID-19 technologies mandatory; emphasises that any lack of transparency in the framework of the COVID-19 pandemic is at odds with citizens’ right to information and fuels disinformation and distrust;
2021/10/12
Committee: PETI
Amendment 65 #

2021/2167(INI)

Motion for a resolution
Paragraph 11
11. Urges the Commission to refrain fromexercise the precautionary principle when it comes to approvinge ‘active substances’ used in pesticides in cases where critical areas of concern or no safe use have been identified, or when additional data confirming their safety is needed, given the already serious consequences which the use of pesticides has caused for human health and the environment;
2021/10/12
Committee: PETI
Amendment 69 #

2021/2167(INI)

Motion for a resolution
Paragraph 12
12. Calls on the Commission to ensure an approval process for ‘active substances’ in pesticides, which is fully transparent and free from conflicts of interest, committing to put an end to the use of all synthetic pesticides by 2035 at the latest, as well as immediately prohibiting the export of pesticides that have been banned in the EU and stopping the import of foodstuffs produced outside the EU using such unsafe chemicals; asks the Ombudsman to continue investigating the systems in place at EU level to make sure that the current policies and procedural safeguards in this field guarantee the highest levels of human health and environmental protection, and that the collection and examination of scientific evidence is fully transparent, accurate and free from conflicts of interest;
2021/10/12
Committee: PETI
Amendment 76 #

2021/2167(INI)

Motion for a resolution
Paragraph 15
15. Strongly criticises the Commission for its failure to finalise the SIA before concluding the EU-Mercosur trade negotiations; underlines that this meantcould imply that the Commission concluded the negotiations without appropriate and updated information about the potential social, environmental and economic impacts of the proposed agreement and without properly taking into account the views of all stakeholders, which must represent an additional reason to stop the adoption of the EU-Mercosur trade agreement;
2021/10/12
Committee: PETI
Amendment 77 #

2021/2167(INI)

Motion for a resolution
Paragraph 15
15. Strongly criticises the Commission for its failure to finalise the SIA before concluding the EU-Mercosur trade negotiations; underlines that this meant that the Commission concluded the negotiations without appropriate and updated information about the potential social, environmental and economic impacts of the proposed agreement and without properly taking into account the views of all stakeholders, which must represent an additional reason to stopreconsider the adoption of the EU- Mercosur trade agreement;
2021/10/12
Committee: PETI
Amendment 108 #

2021/2167(INI)

Motion for a resolution
Paragraph 23
23. Welcomes the adoption of the new Statute of the Ombudsman, whose provisions reinforce the Ombudsman’s role, adding further competences on areas related to whistleblowing, harassment and conflicts of interest; considers it of the utmost importance to allocate an increased budget to the Ombudsman, in order to provide her with the necessary resources to effectively handle her overall workload;
2021/10/12
Committee: PETI
Amendment 109 #

2021/2167(INI)

Motion for a resolution
Paragraph 23
23. Welcomes the adoption of the new Statute of the Ombudsman, whose provisions reinforce the Ombudsman’s role, adding further competences on areas related to whistleblowing, harassment and conflicts of interest; considers it of the utmost importancet to allocate an increased budget to the Ombudsman, in order to provide herprovide the Ombudsman with the necessary resources to effectively handle her overall workload;
2021/10/12
Committee: PETI
Amendment 7 #

2021/2166(INI)

Draft opinion
Paragraph 1
1. Recalls that the role of the better regulation programme is improving regulatory principles and reducing unnecessary burdens for businesses and citizens; underlines the importance of enabling citizens to fully exercise their democratic right to participate in the EU’s decision-making process and ensuring citizens’ direct participation to the democratic process; underlines that it is essential for the EU to ensure increased transparency at different levels of policy- making; calls on the Commission to continuously improve public consultations in order to ensure citizens’ participation and to take into account feedback from other institutions on such activities; stresses that public consultations on better law-making in the EU should be accessible to citizens and civil society through different outreach channels, should be translated into all official and co-official languages of the Member States, and should have easy-to-access documents;
2021/12/17
Committee: PETI
Amendment 8 #

2021/2166(INI)

Draft opinion
Paragraph 1
1. Recalls that the role of the better regulation programme is improving regulatory principles and reducing unnecessary burdens for businesses and citizens; underlines the importance of enabling citizens to fully exercise their democratic right to participate in the EU’s decision-making process and ensuring citizens’ direct participation; underlines that it is essential for the EU to ensure increased transparency at different levels of policy-making; calls on the Commission to continuously improve public consultations in order to ensure citizens’ participation and to take into account feedback from other institutions and grassroot movements on such activities; stresses that public consultations on better law-making in the EU should be accessible to citizens and civil society through different outreach channels, should be translated into all official and co-official languages of the Member States, and should have easy-to- access documents;
2021/12/17
Committee: PETI
Amendment 10 #

2021/2166(INI)

Draft opinion
Paragraph 1
1. Recalls that the role of the better regulation programme is improving regulatory principles and reducing unnecessary burdens for businesses, particularly SMEs, and citizens; underlines the importance of enabling citizens to fully exercise their democratic right to participate in the EU’s decision- making process and ensuring citizens’ direct participation; underlines that it is essential for the EU to ensure increased transparency at different levels of policy- making; calls on the Commission to continuously improve public consultations in order to ensure citizens’ participation and to take into account feedback from other institutions on such activities; stresses that public consultations on better law-making in the EU should be accessible to citizens and civil society through different outreach channels, should be translated into all official and co-official languages of the Member States, and should have easy-to-access documents;
2021/12/17
Committee: PETI
Amendment 12 #

2021/2166(INI)

Draft opinion
Paragraph 1
1. Recalls that the role of the better regulation programme is improving regulatory principles and reducing unnecessary burdens for businesses and citizens; underlines the importance of enabling citizens to fully exercise their democratic right to participate in the EU’s decision-making process and ensuring citizens’ direct participation; underlines that it is essential for the EU to ensure increased transparency at different levels of policy-making; calls on the Commission to continuously improve public consultations in order to ensure citizens’ participation and to take into account feedback from other institutions on such activities; stresses that public consultations on better law-making in the EU should be accessible to citizens and civil society through different outreach channels, should be translated into all official and co-official languages of the Member States, and should have easy-to-access documents and data;
2021/12/17
Committee: PETI
Amendment 13 #

2021/2166(INI)

Draft opinion
Paragraph 2
2. Emphasises that better regulation must be an interinstitutional effort, with Parliament and the Council also sharing responsibility; highlights the fact that the principles of subsidiarity and proportionality are the guiding principles of the EU when it chooses to actlegiferate; recalls, in that regard, Article 1 of the Treaty on European Union, which provides that the decisions at EU level shall be taken as openly and closely as possible to the citizens;
2021/12/17
Committee: PETI
Amendment 20 #

2021/2166(INI)

Draft opinion
Paragraph 3
3. Considers, as the committee most directly engaged with the public, that a democratic approach and political accountability remain the strongest control mechanisms in any constitutional democracy, including as well as in the EU;
2021/12/17
Committee: PETI
Amendment 34 #

2021/2166(INI)

Draft opinion
Paragraph 6
6. Considers that the Commission, in its efforts to ensure that EU policies draw on a clear understanding of policy areas subject to rapid structural change such as the environment and digitalisation, should make use of the input included in the petitions of citizens and civil society organisations; considers citizens’ participation key in policy areas such as fundamental rights, respect for rule of law, and any form of discrimination against women, migrants and LGTBIQ persons;
2021/12/17
Committee: PETI
Amendment 39 #

2021/2166(INI)

Draft opinion
Paragraph 7
7. Calls on the Commission to seize the opportunity for a revamped and effective better regulation programme to help EU governanceMember States' adaptation to a post- pandemic 'new normal', improve law- making and be more responsive to citizens’ concerns;
2021/12/17
Committee: PETI
Amendment 42 #

2021/2166(INI)

Draft opinion
Paragraph 7
7. Calls on the Commission to seize the opportunity for a revamped and effective better regulation programme to help EU governance adapt to a post- pandemic ‘new normal’scenario, improve law- making and be more responsive to citizens’ concerns;
2021/12/17
Committee: PETI
Amendment 45 #

2021/2166(INI)

Draft opinion
Paragraph 8
8. Stresses the important role played by Parliament as representative of the citizens of the EU, including in its oversight of and cooperation with the Commission and the other communitarian institutions on behalf of the public and in ensuring a bottom-up approach regarding the effects of legislation on citizens;
2021/12/17
Committee: PETI
Amendment 48 #

2021/2166(INI)

Draft opinion
Paragraph 9
9. Stresses the role of specific tools, such as the European Citizens’ Initiative and the European Ombudsman, in improving Commission regulation; recalls that the Conference on the Future of Europe should be continuouseffectively improved in order for the citizens to communicate the real impacts of legislation at national, local and regional level and to make suggestions on how to achieve better law-making; notes that the Commission should develop new tools to give citizens direct access to and involvement in EU policy-making;
2021/12/17
Committee: PETI
Amendment 10 #

2021/2099(INI)

Motion for a resolution
Recital A
A. whereas EUthe citizenship of a EU Member State is one of most tangible achievements of the EU and confers on EU citizens of a Member State a set of fundamental rights, including free movement in the EU, the right to participate in European democratic life and the right to be protected from discrimination;
2021/11/19
Committee: PETI
Amendment 25 #

2021/2099(INI)

Motion for a resolution
Recital D
D. whereas PETI has received a considerable number of petitions raising concerns over the discrimination experienced by LGBTIQ persons in the EU in general, and rainbow familiehouseholds (i.e. families where at least one member is LGBTIQ) in particular, when exercising their freedom of movement in the EU, resulting in adverse consequences for the rights and interests of their children;
2021/11/19
Committee: PETI
Amendment 57 #

2021/2099(INI)

Motion for a resolution
Paragraph 3
3. Is concerned by the many obstacles that rainbow familiehouseholds still face when they exercise their right to move to another Member State resulting from differences in national legal rules on the recognition of same-sex couples and of the parent-child relationship; urges the Commission and the Member States to implement the recommendations laid down in its resolution on LGBTIQ rights in the EU, including its call for the Commission to examine whether all Member States comply with the judgment of 5 June 2018 in case C-673/16, Relu Adrian Coman and Others v Inspectoratul General pentru Imigrări and Ministerul Afacerilor Interne17 and to include this judgment in the upcoming revision of the guidelines; _________________ 17 Judgment of the Court of Justice of the European Union of 5 June 2018, Relu Adrian Coman and Others v Inspectoratul General pentru Imigrări and Ministerul Afacerilor Interne, C-673/16, EU:C:2018:385.;
2021/11/19
Committee: PETI
Amendment 75 #

2021/2099(INI)

Motion for a resolution
Paragraph 6
6. Welcomes the announcement of the Commission to review the rules on consular protection; urges the Commission to ensure assistance for EU citizens of unrepresented Member States; stresses that Member States also issue travel documents to persons who are not their citizens such as stateless persons; deplores the fact that consular protection is in some cases only guaranteed to citizens and leaves stateless persons completely unprotected; urges the Commission and the Member States to include the right to consular protection for persons who are issued a travel document by a Member State even if they are not a citizen of that state;
2021/11/19
Committee: PETI
Amendment 84 #

2021/2099(INI)

Motion for a resolution
Paragraph 8
8. Recalls, furthermore, that the electoral rights of EU citizens living abroad is frequently the subject matter of petitions; is concerned that several Member States depriveset barriers to their citizens of their' right to vote in national parliamentary elections once they move to another EU country; believes that the disenfranchisement of EU citizens on the grounds of their residence abroad, along with the non-recognition of their right to vote in national elections in the country of residence, hinders the freedom of movement and results in the denial of the fundamental right to political participation; highlights that several Member States have disenfranchised long- term residents from local and European elections, while others have made political party membership subject to nationality; calls on the Commission to explore legal avenues to make the Member States concerned abolish disenfranchisement rules;
2021/11/19
Committee: PETI
Amendment 17 #

2021/2043(INI)

Motion for a resolution
Recital C
C. whereas many barriers affecting the single market derive from incorrect or incomplete application of EU legislation; whereas the effective implementation of existing EU legislation and abolition of barriers depends on both the Commission and Member States;
2021/09/08
Committee: IMCO
Amendment 22 #

2021/2043(INI)

Motion for a resolution
Recital C a (new)
C a. whereas continuously evolving regulatory intervention at EU level might also adversely affect the single market, creating barriers such as high compliance costs in the business environment, especially for SMEs, and legal uncertainty for individual consumers as well;
2021/09/08
Committee: IMCO
Amendment 59 #

2021/2043(INI)

Motion for a resolution
Paragraph 2
2. Underlines that the single market remains the European Union’s greatest achievement; urges the Commission, therefore, to simplify the application of the current EU regulatory framework as well as refocus resources at issues plaguing the single market, in particular non-tariff barriers (NTBs), which continue to limit opportunities for consumers and businesses;
2021/09/08
Committee: IMCO
Amendment 64 #

2021/2043(INI)

Motion for a resolution
Paragraph 2 a (new)
2 a. Regrets that in some cases EU regulations have increased social dumping and unfair competition within the single market instead of reducing them, thereby also discriminating against those companies and Member States that produce with very high social and environmental standards;
2021/09/08
Committee: IMCO
Amendment 76 #

2021/2043(INI)

Motion for a resolution
Paragraph 5 a (new)
5 a. States that the prerogative of Member States to regulate certain areas of public interest must remain unaffected, specifically in cases of multilevel governance where regions have implementing powers;
2021/09/08
Committee: IMCO
Amendment 108 #

2021/2043(INI)

Motion for a resolution
Paragraph 7 a (new)
7 a. Regrets that some of the identified restrictions under the Services Directive come as a result of the legal uncertainty it has triggered since its entry into force with regard to its scope, in particular for SMEs in the tourism sector;
2021/09/08
Committee: IMCO
Amendment 117 #

2021/2043(INI)

Motion for a resolution
Paragraph 9
9. Recognises the insufficient use of the notification procedure under the Services Directive; calls on the Commission to reflect on improving this framework, possibly by means of a new initiative which would increase clarity and transparency on the measures that need to be notified, while remaining cautious in order to not undermine the Services Directive and avoiding the situation which led to the withdrawal of the previous proposal;
2021/09/08
Committee: IMCO
Amendment 125 #

2021/2043(INI)

Motion for a resolution
Paragraph 10 a (new)
10 a. Underlines that provisions aimed at safeguarding consumers safety, working conditions and the environment as well as preserving the regional cultural heritage shall not be considered as barriers to the free movement of goods and services;
2021/09/08
Committee: IMCO
Amendment 135 #

2021/2043(INI)

Motion for a resolution
Paragraph 12
12. Considers that mutual recognition of professional qualification is seriously affected by administrative barriers imposed by Member States; observes in this regard that the Commission is not reacting to unfair competition, both offline and online, which affects those sectors where Member States do not impose harmonised standards;
2021/09/08
Committee: IMCO
Amendment 164 #

2021/2043(INI)

Motion for a resolution
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 the Commission and Member States to abolish unnecessary restrictions on cabotage, and calls for the opento boost the realisation of the ongoing projects in the Alpine (EUSALP) macro- region, such as the Brenner tunnel; calls on the Member States not to apply, and to remove, if already in place, any additional restrictions or limitations on road haulage transport within the affected regions, during of the freight and passenger transport services sector within the EUtransitional period or afterwards due to consequences of increased freight traffic and transit;
2021/09/08
Committee: IMCO
Amendment 189 #

2021/2043(INI)

Motion for a resolution
Paragraph 21
21. Calls on the Commission and the Member States to consistently, speedily and rigorously assess whether EU and national rules hinder the internal market, and where they do, to assess if they are necessary, proportional and justified;
2021/09/08
Committee: IMCO
Amendment 194 #

2021/2043(INI)

Motion for a resolution
Paragraph 22 a (new)
22 a. Observes that the incorrect enforcement of single market rules comes also as a result of obstacles encountered by Member States in transposing EU legislation on certain production sectors;
2021/09/08
Committee: IMCO
Amendment 12 #

2021/2040(INI)

Motion for a resolution
Recital D a (new)
D a. whereas the vulnerability of consumers to whom such products are addressed and the health risk to them in the event of exposure to unsafe or counterfeit products;
2021/07/13
Committee: IMCO
Amendment 13 #

2021/2040(INI)

D b. whereas e-commerce increases consumer choice but exposes them to health risks when purchasing unsafe or counterfeit products;
2021/07/13
Committee: IMCO
Amendment 53 #

2021/2040(INI)

Motion for a resolution
Paragraph 9
9. Underlines that lower limit values for chemicals such as nitrosamines and nitrosatable substances set out at national level compared to those established in the TSD create inconsistencies, even when justified by the Commission; notes, however, that all EU children should enjoy the same high level of protection, in particular children with disabilities; acknowledges that this limit value cannot be amended by an implementing act but would require a legislative procedure; calls on the Commission, therefore, to adapt the limit value to the strictest value in force at national level in a revision of the TSD;
2021/07/13
Committee: IMCO
Amendment 86 #

2021/2040(INI)

Motion for a resolution
Paragraph 13 a (new)
13 a. Calls on market surveillance authorities to strictly apply Article 19 (EU) 2019/1020 when dealing with toys, given the vulnerability of children to defective, unsafe or counterfeit products;
2021/07/13
Committee: IMCO
Amendment 116 #

2021/2040(INI)

Motion for a resolution
Paragraph 17 a (new)
17 a. Highlights the importance of safeguarding children´s privacy when using connected toys and calls for data generated by such toys to be fully under parental control;
2021/07/13
Committee: IMCO
Amendment 150 #

2021/2040(INI)

Motion for a resolution
Paragraph 25 a (new)
25 a. Calls for future revision of TSD to consider the impact of the use of artificial intelligence in connected toys;
2021/07/13
Committee: IMCO
Amendment 5 #

2021/2037(INI)

Draft opinion
Paragraph 1
1. Notes that in 2020 China for the first time ranked as the EU’s largest partner for trade in goods, with the trade balance further deteriorating to the EU’s detriment, having the latter a trade deficit with China; highlights that the current EU- China Strategy in place has clearly resulted limited;
2021/05/27
Committee: INTA
Amendment 11 #

2021/2037(INI)

Draft opinion
Paragraph 1 a (new)
1 a. Welcomes the outcome of the WTO dispute settlement case opposing China to the EUregarding the non-market economy treatment in anti-dumping as in line with the European Parliament positionin May 2016, which marks the end of the status of China as a market1a _________________ 1aEuropean Parliament resolution of 12 May 2016 on China’s market economy status
2021/05/27
Committee: INTA
Amendment 27 #

2021/2037(INI)

Draft opinion
Paragraph 3
3. Is concerned about the increasingly unbalanced EU-China bilateral economic and trade relationship, which are marked by an asymmetry in market access and the absence of an effective level playing-field able to ensure fair access to the Chinese market for these EU producers and exporters as well as by the opposed social and environmental standards; stresses that rebalancing and a more level playing field are vital to EU interests;
2021/05/27
Committee: INTA
Amendment 34 #

2021/2037(INI)

Draft opinion
Paragraph 3 a (new)
3 a. Regrets that the efforts and the tools used by the EU have not resulted in tangible progress on human rights in China, not contributing in the ceasing of the prompt and negative evolution and deterioration of China as an international actor;
2021/05/27
Committee: INTA
Amendment 39 #

2021/2037(INI)

Draft opinion
Paragraph 4
4. Repeats its deep concern about the many barriers that European businesses face when accessing and operating on the Chinese market as well as the unfair trading practices imposed by state-owned enterprises; is worried that China’s ‘dual circulation strategy’ referred to in its 14th Five Year Plan will further deteriorate the business environment for EU companies; highlights again its particular concern about the market distorting practices of Chinese state-owned enterprises, forced technology transfers and data localisation, industrial overcapacity in sectors such as steel and the related dumping of exports, and other unfair trading practices as well as the interferences in the democratic life of the EU by the attempts of Chinese state and non-state actors;
2021/05/27
Committee: INTA
Amendment 47 #

2021/2037(INI)

Draft opinion
Paragraph 4 a (new)
4 a. Welcomes the adoption of a proposal for a Regulation on foreign subsidies distorting the internal market; hopes that that this instrument can secure a strong and competitive single market, strengthening the position of the EU and tackling the distortions caused by third countries-especially China- by increasing the level-playing field;
2021/05/27
Committee: INTA
Amendment 54 #

2021/2037(INI)

Draft opinion
Paragraph 4 b (new)
4 b. Recalls that China has not ratified four of the eight core ILO Conventions; condemns the continuous breaches of human and labour rights practiced by China, especially those related to Uighur abuses in Xinjiang region;
2021/05/27
Committee: INTA
Amendment 68 #

2021/2037(INI)

Draft opinion
Paragraph 5
5. WelcomesTakes note with big concern of the conclusion at the political level of the EU- China Comprehensive Agreement on Investment (CAI); recalls that the CAI has to be considered in the context of a strengthened EU toolbox of unilateral measureswelcomes the suspension of the ratification of the such investment agreement and expects the Commission to consult with the Parliament before taking further steps towards its conclusion; underlines it will thoroughly scrutinise the agreement, including its sustainable development section, and take stock of the human rights context, before determining its position;
2021/05/27
Committee: INTA
Amendment 73 #

2021/2037(INI)

Draft opinion
Paragraph 5 a (new)
5 a. In this sense, recalls the arbitrary and unlawful sanctions adopted by the People’s Republic of China against five members of the European Parliament, entities and think tanks, meant as a tool of intimidation; highlights that, due the latter Chinese sanctions, the role of the European Parliament for duly analysing the CAI has been jeopardised and further states that trade and investment relations need to be within the scope of human rights and the broader political relations;
2021/05/27
Committee: INTA
Amendment 94 #

2021/2037(INI)

Draft opinion
Paragraph 6
6. Welcomes the entry into force of the EU-China Agreement on geographical indications, and reiterates the importance of effective implementation of the Agreement.; regrets, nevertheless, that the Commission did not pursue from the beginning a more ambitious agenda by trying to cover a broader number of Geographical Indications;
2021/05/27
Committee: INTA
Amendment 99 #

2021/2037(INI)

Draft opinion
Paragraph 6 a (new)
6 a. Is highly concerned about the global high dependence on Chinese supply chain that the current COVID19 pandemic has shown; further highlights the need for the EU to swift towards the reshoring and near shoring some strategical productions 1b; _________________ 1b“PostCovid-19 value chains: options for reshoring production back to Europe in a globalised economy”, published in 2020
2021/05/27
Committee: INTA
Amendment 102 #

2021/2037(INI)

Draft opinion
Paragraph 6 b (new)
6 b. Takes note of the important role that China is taking in the Asia-Pacific region, which has increased even more thanks to the Regional Comprehensive Economic Partnership (RCEP); underlines the fact that the RCEP is causing significant geopolitical shifts, challenging also the global position of the EU, by creating the world's largest trading bloc, covering nearly a third of the global economy;
2021/05/27
Committee: INTA
Amendment 22 #

2021/2012(INI)

A. whereas the EU has endorsed the Paris Agreement, as well as the European Green Deal and the recently adopted European Climate Law, which set an ambitious target of reducing emissions by 55 % by 2030 and complementary goals, with the aim of achieving the EU’s net- zero carbon emission target by 2050 at the latest in order to fight the effects; The effects of these objectives, which will destroy Europe as a business location, ofn global climate change remain to be seen;
2021/07/07
Committee: ITRE
Amendment 28 #

2021/2012(INI)

Motion for a resolution
Recital B
B. whereas the transition to a net-zero greenhouse gas (GHG) economy requires a clean energy transition that ensures sustainability,threatens the security of supply and affordability of energy;
2021/07/07
Committee: ITRE
Amendment 34 #

2021/2012(INI)

Motion for a resolution
Recital C
C. whereas the dramatic fall in renewable offshore energy prices has made it one of the cheapest sources of energy and consequently a critical element in the green transition, paving the way for a modern, resource-efficient and competitive economy, and offshore renewable energy has resulted in a dramatic drop in prices, due to misguided subsidy policies, thast also made it one of the most important pillars of the EU’s climate ambitionsre not being passed on to the end user;
2021/07/07
Committee: ITRE
Amendment 40 #

2021/2012(INI)

Motion for a resolution
Recital C a (new)
C a. whereas wind farms in stable weather conditions can cause a braking effect of the wind, which can reach up to 100 km, resulting in a loss of power to neighbouring wind farms of up to 2 kilowatts per year;
2021/07/07
Committee: ITRE
Amendment 74 #

2021/2012(INI)

Motion for a resolution
Paragraph 1
1. Stresses that a net-zero emissions economy requires renewable energy to be deployed on an unprecedented scale; emphasises that if no further actions are taken to accelerate the deployment of offshore renewable energy (ORE), the EU will not be able to live up to its climate commitmentsand nuclear energy in the future, in particular in the form of dual-fluid technology;
2021/07/07
Committee: ITRE
Amendment 85 #

2021/2012(INI)

Motion for a resolution
Paragraph 2
2. Highlights that the energy production targets for ORE in all of EU’s sea basins, as outlined in Commission communication COM(2020)0741, are at least 60 GW by 2030 and 340 GW by 2050; highlights that the competitiveness of offshore wind as an energy as an energy source will continue to increase and prices will continue to fall further in step with continuous development and deploymentsource can only be maintained through government subsidies; in especially has not been and will not be marketable in a reasonable future and as a consequence the price of electricity will continue to rise; Germany, with the highest electricity prices, is an eloquent example of this; a large part of the costs consist of various electricity taxes;
2021/07/07
Committee: ITRE
Amendment 96 #

2021/2012(INI)

Motion for a resolution
Paragraph 3
3. Notes the competitive advantage of EU companies and technologies in the ORE sector; underlines the potential for government-led exponential growth of the sector and its contribution to the EU economy, including technology and systems exports;
2021/07/07
Committee: ITRE
Amendment 115 #

2021/2012(INI)

Motion for a resolution
Paragraph 4
4. Stresses the urgency of improving and expanding existing infrastructure will be more expensive and more complex than onshore to enable the increased flow of electricity from offshore sites to inland- based consumers;
2021/07/07
Committee: ITRE
Amendment 117 #

2021/2012(INI)

Motion for a resolution
Paragraph 4 a (new)
4 a. Shows that the onshore power grid also needs to be further strengthened and supplemented to ensure connection to the supraregional extra-high voltage grid; it is feared that the costs of line construction will be passed on directly to the end consumer;
2021/07/07
Committee: ITRE
Amendment 119 #

2021/2012(INI)

Motion for a resolution
Paragraph 4 b (new)
4 b. Also points out that large amounts of offshore-generated electricity will be used to satisfy the energy demand for the Commission planned implementation of the hydrogen strategy;
2021/07/07
Committee: ITRE
Amendment 256 #

2021/2012(INI)

Motion for a resolution
Paragraph 15
15. Stresses that the uptake of ORE is dependent on the adequate implementation of well-designed market rules and is accompanied by an internalization of external costs;
2021/07/07
Committee: ITRE
Amendment 257 #

2021/2012(INI)

Motion for a resolution
Paragraph 15 a (new)
15 a. Calls for wind turbines that have fallen out of subsidy after 20 years to be allowed to participate in the market without subsidies and feed-in priority; wind turbines must be completely dismantled, including the more robust and stable concrete basements; it should be noted that the amounts of carbon emissions in the production of cement must be included in the overall energy and greenhouse footprint;
2021/07/07
Committee: ITRE
Amendment 262 #

2021/2012(INI)

Motion for a resolution
Paragraph 16
16. Calls for the recalculation of the distribution of costs and benefits between the generation and transmission of ORE, ensuring the right incentives and a stable regulatory framework for developers; stresses that uncertainty regarding the distribution of costs and benefits is deterring companies from launching offshore renewable projects; invites the Commission to expedite the publishing of EU guidance on sharing the costs and benefits of offshore hybrid projects;
2021/07/07
Committee: ITRE
Amendment 273 #

2021/2012(INI)

Motion for a resolution
Paragraph 17
17. Calls for a revision of the existing regulatory framework governing EU electricity markets in order to facilitate the uptake of ORE and eliminate artificial trade barriers, fixed prices, subsidies and other market-distorting mechanisms as those described in Article 16 that prevent the further successful integration of offshore renewables; calls on the Commission and the MSs to carefully analyse existing bidding zones and their suitability for the integration of the growing capacity for offshore renewables; invites the Commission to identify existing regulatory mechanisms that successfully promote the integration of offshore renewables in a well-functioning energy market, as part of a future-proof model including the facilitation of hybrid projects and new forms of collaboration;
2021/07/07
Committee: ITRE
Amendment 13 #

2021/2011(INI)

Motion for a resolution
Citation 29 a (new)
— - having regard to the current widespread commodity shortages, affecting other materials previously not considered “critical1a”; _________________ 1a https://www.nytimes.com/2021/05/03/busi ness/economy/commodity-shortages- inflation.html
2021/06/23
Committee: ITRE
Amendment 16 #

2021/2011(INI)

Motion for a resolution
Recital A
A. whereas critical raw materials (CRMs) are the originators of industrial value creation and therefore essentially affect downstream sectors; whereas it is of highstrategic importance that the EU takes back control of its flows, value, and supply chains, and supports, fosters and digitalises ecosystems since this is the new core capacity in international (industrial) competition;
2021/06/23
Committee: ITRE
Amendment 24 #

2021/2011(INI)

Motion for a resolution
Recital B
B. whereas the growing population and the transition towards digital, highly energy-efficient and climate-neutral economies lead in all scenarios to a significant higher demand for CRMs6 ; whereas the shortages in CRMs are leading to increasing industrial and security concerns; _________________ 6World Bank, Commission Foresight Study, OECD.
2021/06/23
Committee: ITRE
Amendment 44 #

2021/2011(INI)

Motion for a resolution
Recital D
D. whereas it is evident that new and sustainable sourcing is required and that thee EU’s and its neighbourhood’s potential of sourcing at high sustainable standards by the EU and its neighbourhood should be fully and quickly exploited, together with recycling and researching for alternatives to CRMs;
2021/06/23
Committee: ITRE
Amendment 50 #

2021/2011(INI)

Motion for a resolution
Recital D a (new)
Da. Whereas one of the great challenges concerning CRMs in Europe is recycling, and its development should be coupled with more sustainable techniques of sourcing and extraction;
2021/06/23
Committee: ITRE
Amendment 72 #

2021/2011(INI)

Motion for a resolution
Paragraph 3
3. Warns that Europe’s transition to climate neutrality should not replace reliance on fossil fuels with reliance on raw materials;deleted
2021/06/23
Committee: ITRE
Amendment 85 #

2021/2011(INI)

Motion for a resolution
Paragraph 4
4. Calls on the Commission to carefully review the criticality assessment methodology before 2023, ahead of the publication of the next list of CRMs; calls to a comprehensive debate involving industries and other concerned stakeholders, also taking into consideration the development of the international situation related with the CRMs;
2021/06/23
Committee: ITRE
Amendment 98 #

2021/2011(INI)

Motion for a resolution
Paragraph 7
7. Is concerned that recovery plans do not sufficiently tackle the challenges linked to CRM supply; calls therefore for investing more in recycling, also establishing a specific fund to support the development of more efficient and cost- effective recycling techniques;
2021/06/23
Committee: ITRE
Amendment 108 #

2021/2011(INI)

Motion for a resolution
Paragraph 8
8. Calls on the Commission and the Member States to create an Important Project of Common European Interest (IPCEI) on CRMs, covering all the topics to reduce criticality and dependence: mining, reuse, recycling, substitution, etc;
2021/06/23
Committee: ITRE
Amendment 134 #

2021/2011(INI)

Motion for a resolution
Paragraph 11
11. Stresses the need for closer partnerships between CRM actors and downstream users and the common awareness and commitment to sustainable and circular value chains;
2021/06/23
Committee: ITRE
Amendment 141 #

2021/2011(INI)

Motion for a resolution
Paragraph 12 a (new)
12a. Recalls that in the short time it is essential to develop and strengthen partnerships and agreements regarding CRM production in several countries outside the EU, especially in cooperation with other EU allies and likeminded international partners;
2021/06/23
Committee: ITRE
Amendment 157 #

2021/2011(INI)

Motion for a resolution
Paragraph 14
14. Welcomes the proposal to map the potential supply of secondary CRMs from EU stocks and waste; encourages the Commission to make this mapping exercise a priority and carry it out earlier than envisaged; stresses the needs to encourage collaborative instruments for CRM market such as RM European platform and to extend it also to circulating product fluxes and their trends, in order to evaluate the potentially recyclable secondary materials;
2021/06/23
Committee: ITRE
Amendment 168 #

2021/2011(INI)

Motion for a resolution
Paragraph 15
15. Notes that industrial CRM recycling processes still need massive investment in the collection, sorting, pre- processing and recovery infrastructure, in innovation, research, and scaling of technologies, and in skills, while providing job opportunities;
2021/06/23
Committee: ITRE
Amendment 171 #

2021/2011(INI)

Motion for a resolution
Paragraph 15 a (new)
15a. Highlights the need to implement dedicated measures that do incentive the use and market of secondary raw materials, in order to mitigate the global market instability;
2021/06/23
Committee: ITRE
Amendment 176 #

2021/2011(INI)

Motion for a resolution
Paragraph 16
16. Calls on the Commission to step up efforts to ensure theand Member States to enhance efforts for proper collection and recycling of end-of- life -products with CRMs instead of having them stockpiledstockpiling them in households or discarded by landfill disposaing them into landfill or incineration;
2021/06/23
Committee: ITRE
Amendment 182 #

2021/2011(INI)

Motion for a resolution
Paragraph 18
18. Notes that while smart product design, the reuse of materials, recycled sources and substitution can significantly reduce primary demand, responsible and sustainable sourcing (including mining and extraction) is needed when supply cannot be met;
2021/06/23
Committee: ITRE
Amendment 197 #

2021/2011(INI)

Motion for a resolution
Paragraph 19
19. Highlights that primary and secondary sourcing in the EU is subject to the highest environmental and social standards worldwide, provides thousands of highly qualified jobs and is an indispensable prerequisite of the green and digital transition; calls therefore on all actors to help build public acceptance for responsible CRM sourcing projects in the EU;
2021/06/23
Committee: ITRE
Amendment 207 #

2021/2011(INI)

Motion for a resolution
Paragraph 21
21. Underlines the importance of maintaining and further developing expertise and skills in mining and processing technologies in the EU; calls for the development of new and innovative technologies in the field of sustainable mining and extraction of CRM in the EU;
2021/06/23
Committee: ITRE
Amendment 232 #

2021/2011(INI)

Motion for a resolution
Paragraph 24
24. Urges the Commission to systematically and strategically build new CRM partnerships, where possible, in cooperation with our allies, and make this endeavour a horizontal task of its external and internal policies and to present the results in 2021;
2021/06/23
Committee: ITRE
Amendment 237 #

2021/2011(INI)

Motion for a resolution
Paragraph 25
25. Welcomes the EU’s commitment to responsible and sustainable sourcing; stresses the need to underpin this commitment with concrete technical support, institution building and political dialogue with partner countries; stresses the need of homogeneous policies related to ethical standard for CRM sourcing; stresses the need to mobilise more state and private actors to also subscribe to and implement sustainability standards;
2021/06/23
Committee: ITRE
Amendment 294 #

2021/0426(COD)

Proposal for a directive
Recital 3
(3) As announced in the Green Deal, the Commission presented its Renovation Wave strategy on 14 October 202030. The strategy contains an action plan with concrete regulatory, financing and enabling measures, with the objective to at least double the annual energy renovation rate of buildings by 2030 and to foster deep renovations. The revision of the Energy Performance of Buildings Directive is necessary as one of the vehicles to deliver on the Renovation Wave. It will also contribute to delivering on the New European Bauhaus initiative and the European mission on climate-neutral and smart cities. The revision of the legislation should also protect, support and revive the production chain involved in the building sector, particularly at this difficult time and during this crisis. _________________ 30 A Renovation Wave for Europe - greening our buildings, creating jobs, improving lives, COM/2020/662 final.
2022/07/06
Committee: ITRE
Amendment 317 #

2021/0426(COD)

Proposal for a directive
Recital 11
(11) Measures to improve further the energy performance of buildings should take into account the particular characteristics of historical and artistic heritage, climatic conditions, including adaptation to climate change, local conditions as well as indoor climate environment and cost-effectiveness. Those measures should not affect other requirements concerning buildings such as accessibility , architectural barriers, fire safety and seismic safety and the intended use of the building.
2022/07/06
Committee: ITRE
Amendment 332 #

2021/0426(COD)

Proposal for a directive
Recital 14
(14) Two-thirds of the energy used for heating and cooling of buildings still comes from fossil fuels. In order to decarbonise the building sector, it is of particular importance to phase out fossil fuel in heating and cooling. Therefore, Member States should indicate their national policies and measures to phase out fossil fuels in heating and cooling in their building renovation plans, and no financial incentives should be given for the installation of fossil fuel boilers under the next Multiannual Financial Framework as of 2027, with the exception of those selected for investment, before 2027, under the European Regional Development Fund and on the Cohesion Fund. A clear legal basis for the ban of heat generators based on their greenhouse gas emissions or the type of fuel used should support national phase- out policies and measurespplying a technological neutrality criterion and protecting operators in the sector.
2022/07/06
Committee: ITRE
Amendment 351 #

2021/0426(COD)

Proposal for a directive
Recital 19
(19) The enhanced climate and energy ambition of the Union requires a new vision for buildings: the zero-emission building, the very low energy demand of which is fully covered by energy from renewable sources where technically feasible. All new buildings should be zero- emission buildings, and all existing buildings should be transformed into zero- emission buildings by 2050.
2022/07/06
Committee: ITRE
Amendment 362 #

2021/0426(COD)

Proposal for a directive
Recital 21
(21) The necessary decarbonisation of the Union building stock requires energy renovation at a large scale: almost 75% of that building stock is inefficient according to current building standards, and 85-95% of the buildings that exist today will still be standing in 2050. However, the weighted annual energy renovation rate is persistently low at around 1%. At the current pace, the decarbonisation of the building sector would require centuries. Triggering and supporting building renovation, including a shift towards emission-free heating systems, is therefore a key goal of this Directive, and to achieve this, the views of companies involved in the sector and property owners shall be duly taken into account.
2022/07/06
Committee: ITRE
Amendment 364 #

2021/0426(COD)

Proposal for a directive
Recital 22
(22) Minimum energy performance standards are the essential regulatory tool to trigger renovation of existing buildings on a large scale, as they tackle the key barriers to renovation such as split incentives and co-ownership structures, which cannot be overcome by economic incentives. The introduction of minimum energy performance standards should lead to a gradual phase-out of the worst- performing buildings and a continuous improvement of the national building stock, contributing to the long-term goal of a decarbonised building stock by 2050.deleted
2022/07/06
Committee: ITRE
Amendment 366 #

2021/0426(COD)

Proposal for a directive
Recital 23
(23) Minimum energy performance standards set at Union level should focus on the renovation of the buildings with the highest potential in terms of decarbonisation, energy poverty alleviation and extended social and economic benefits, in particular on the very worst-performing buildings, which need to be renovated as a priority.deleted
2022/07/06
Committee: ITRE
Amendment 368 #

2021/0426(COD)

Proposal for a directive
Recital 24
(24) As regards the rest of the national building stock, Member States are free to decide whether they wish to introduce minimum energy performance standards, designed at national level and adapted to national conditions. When reviewing this Directive, the Commission should assess whether further binding minimum energy performance standards need to be introduced in order to achieve a decarbonised building stock by 2050.deleted
2022/07/06
Committee: ITRE
Amendment 374 #

2021/0426(COD)

Proposal for a directive
Recital 25
(25) The introduction of minimum energy performance standards should be accompanied by an enabling framework including technical assistance and financial measures. Minimum energy performance standards set at national level do not amount to “Union standards” within the meaning of State aid rules, while Union-wide minimum energy performance standards might be considered constituting such “Union standards”. In line with revised State aid rules, Member States may grant State aid to building renovation to comply with the Union-wide energy performance standards, namely to achieve a certain energy performance class, until those Union-wide standards become mandatory. Once the standards are mandatory, Member States may continue to grant State aid for the renovation of buildings and building units falling under the Union-wide energy performance standards as long as the building renovation aims at a higher standard than the specified minimum energy performance class.deleted
2022/07/06
Committee: ITRE
Amendment 377 #

2021/0426(COD)

Proposal for a directive
Recital 26
(26) The EU Taxonomy classifies environmentally sustainable economic activities across the economy, including for the building sector. Under the EU Taxonomy Climate Delegated Act, building renovation is considered a sustainable activity where it achieves at least 30% energy savings, complies with minimum energy performance requirements for major renovation of existing buildings, or consists of individual measures related to the energy performance of buildings, such as the installation, maintenance or repair of energy efficiency equipment or of instruments and devices for measuring, regulating and controlling the energy performance of buildings, where such individual measures comply with the criteria set out. Building renovation to comply with Union-wide minimum energy performance standards is typically in line with the EU Taxonomy criteria related to building renovation activities.
2022/07/06
Committee: ITRE
Amendment 379 #

2021/0426(COD)

Proposal for a directive
Recital 27
(27) The Union-wide minimum energy performance standards should be based on harmonised energy performance classes. By defining the lowest energy performance class G as the worst- performing 15% of each Member State’s national building stock, the harmonisation of energy performance classes ensures similar efforts by all Member States, while the definition of the best energy performance class A ensures the convergence of the harmonised energy performance class scale towards the common vision of zero-emission buildings.deleted
2022/07/06
Committee: ITRE
Amendment 382 #

2021/0426(COD)

Proposal for a directive
Recital 28
(28) Minimum energy performance requirements for existing buildings and building elements were already contained in the predecessors of this Directive and should continue to apply. While the newly introduced minimum energy performance standards set a floor for the minimum energy performance of existing buildings and ensure that renovation of inefficient buildings takes place, minimum energy performance requirements for existing buildings and building elements ensure the necessary depth of renovation when a renovation takes place.deleted
2022/07/06
Committee: ITRE
Amendment 403 #

2021/0426(COD)

Proposal for a directive
Recital 34
(34) In order to foster deep renovation, which is one of the goals of the Renovation Wave strategy, Member States should give enhanced financial and administrative support to deep renovation, by adopting reliable, stable, predictable legal instruments and applying the criterion of technological neutrality.
2022/07/06
Committee: ITRE
Amendment 413 #

2021/0426(COD)

Proposal for a directive
Recital 36
(36) Electric vehicles are expected to play a crucialmay also play a role in the decarbonisation and efficiency of the electricity system, namely through the provision of flexibility, balancing and storage services, especially through aggregation. This potential of electric vehicles to integrate with the electricity system and contribute to system efficiency and further absorption of renewable electricity should be fully exploited. Charging in relation to buildings is particularly important, since this is where electric vehicles park regularly and for long periods of time. Slow charging is economical and the installation of recharging points in private spaces can provide energy storage to the related building and integration of smart charging services and system integration services in general.
2022/07/06
Committee: ITRE
Amendment 415 #

2021/0426(COD)

Proposal for a directive
Recital 37
(37) Combined with an increased share of renewable electricity production, electric vehicles produce fewer greenElectric vehicles, like low- emission vehicles and thouse gas emissions. Electric vehiclesrunning on sustainable fuels, constitute an important component of a clean energy transition based on energy efficiency measures, alternative fuels, renewable energy and innovative solutions for the management of energy flexibility. Building codes can be effectively used to introduce targeted requirements to support the deployment of recharging infrastructure in car parks of residential and non-residential buildings. Member States should remove barriers such as split incentives and administrative complications which individual owners encounter when trying to install a recharging point on their parking space.
2022/07/06
Committee: ITRE
Amendment 420 #

2021/0426(COD)

Proposal for a directive
Recital 40
(40) Promoting green mobilitysustainable mobility, particularly if based on a technological neutrality criterion, is a key part of the European Green Deal and buildings can play an important role in providing the necessary infrastructure, not only for recharging of electric vehicles but also for bicycles. A shift to soft mobility such as cycling can significantly reduce greenhouse gas emissions from transport, where climate conditions and the terrain allow. As set out in the 2030 Climate Target Plan, increasing the modal shares of clean and efficient private and public transport, such as cycling, will drastically lower pollution from transport and bring major benefits to individual citizens and communities. The lack of bike parking spaces is a major barrier to the uptake of cycling, both in residential and non- residential buildings. Building codes can effectively support the transition to cleaner mobility by establishing requirements for a minimum number of bicycle parking spaces.
2022/07/06
Committee: ITRE
Amendment 424 #

2021/0426(COD)

Proposal for a directive
Recital 41
(41) The agendas of the Digital Single Market and the Energy Union should be aligned and should serve common goals. The digitalisation of the energy system is quickly changing the energy landscape, from the integration of renewables to smart grids and smart-ready buildings. In order to digitalise the building sector, the Union’s connectivity targets and ambitions for the deployment of high-capacity communication networks are important for smart homes and well-connected communities. Targeted incentives should be provided to promote smart-ready systems and digital solutions in the built environment, in accordance with the individual's right to privacy. This would offer new opportunities for energy savings, by providing consumers with more accurate information about their consumption patterns, and by enabling the system operator to manage the grid more effectively.
2022/07/06
Committee: ITRE
Amendment 426 #

2021/0426(COD)

Proposal for a directive
Recital 42
(42) In order to facilitate a competitive and innovative market for smart building services that contributes to efficient energy use and integration of renewable energy in buildings and support investments in renovation, Member States should ensure direct access to building systems’ aggregated data by interested parties. To avoid excessive administrative costs for third parties, Member States shall facilitate the full interoperability of services and of the data exchange within the Union.
2022/07/06
Committee: ITRE
Amendment 438 #

2021/0426(COD)

Proposal for a directive
Recital 47
(47) Financing alone will not deliver on the renovation needs, nor will it fully sustain the recovery of the building sector. Together with financing, setting up accessible and transparent advisory tools and assistance instruments such as one- stop-shops that provide integrated energy renovation services or facilitators, as well as implementing other measures and initiatives such as those referred to in the Commission’s Smart Finance for Smart Buildings Initiative, is indispensable to provide the right enabling framework and break barriers to renovation.
2022/07/06
Committee: ITRE
Amendment 457 #

2021/0426(COD)

Proposal for a directive
Recital 56
(56) Installers and builders are critical for the successful implementation of this Directive. Therefore, an adequate number of installers and builders should, through training and other measures, have the appropriate level of competence for the installation and integration of the energy efficient and renewable energy technology required. These measures should typically be affordable for the majority of the population.
2022/07/06
Committee: ITRE
Amendment 477 #

2021/0426(COD)

Proposal for a directive
Article 1 – paragraph 2 – point e
(e) renovation passports;deleted
2022/07/06
Committee: ITRE
Amendment 484 #

2021/0426(COD)

Proposal for a directive
Article 1 – paragraph 2 – point k
(k) independent control systems for energy performance certificates , renovation passports, smart readiness indicators and inspection reports.
2022/07/06
Committee: ITRE
Amendment 523 #

2021/0426(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 3
3. ‘nearly zero-energy building’ means a building with a very high energy performance, as determined in accordance with Annex I , which cannot be lower than the 2023 cost-optimal level reported by Member States in accordance with Article 6(2) and where the nearly zero or very low amount of energy required is covered to a very significant extent by energy from renewable sources, including, where possible, energy from renewable sources produced on-site or nearby;
2022/07/06
Committee: ITRE
Amendment 554 #

2021/0426(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 18
18. ‘renovation passport’ means a document that provides a tailored roadmap for the renovation of a specific building in several steps that will significantly improve its energy performance;deleted
2022/07/06
Committee: ITRE
Amendment 738 #

2021/0426(COD)

Proposal for a directive
Article 5 – paragraph 3 – point d – point i (new)
(i) buildings used for national security purposes:
2022/07/06
Committee: ITRE
Amendment 757 #

2021/0426(COD)

Proposal for a directive
Article 7 – paragraph 1 – point a
(a) as of 1 January 20327, new buildings occupied or owned by public authorities; and
2022/07/06
Committee: ITRE
Amendment 769 #

2021/0426(COD)

Proposal for a directive
Article 7 – paragraph 1 – point b
(b) as of 1 January 20305, all new buildings;
2022/07/06
Committee: ITRE
Amendment 779 #

2021/0426(COD)

Proposal for a directive
Article 7 – paragraph 2 – point a
(a) as of 1 January 20327, for all new buildings with a useful floor area larger than 2000 square meteres; and
2022/07/06
Committee: ITRE
Amendment 781 #

2021/0426(COD)

Proposal for a directive
Article 7 – paragraph 2 – point b
(b) as of 1 January 20305, for all new buildings.
2022/07/06
Committee: ITRE
Amendment 842 #

2021/0426(COD)

Proposal for a directive
Article 9 – paragraph 1 – point a – point i
(i) after 1 January 20327, at least energy performance class F; and
2022/07/06
Committee: ITRE
Amendment 845 #

2021/0426(COD)

Proposal for a directive
Article 9 – paragraph 1 – point a – point ii
(ii) after 1 January 20305, at least energy performance class E;
2022/07/06
Committee: ITRE
Amendment 865 #

2021/0426(COD)

Proposal for a directive
Article 9 – paragraph 1 – point b – point i
(i) after 1 January 20327, at least energy performance class F; and
2022/07/06
Committee: ITRE
Amendment 870 #

2021/0426(COD)

Proposal for a directive
Article 9 – paragraph 1 – point b – point ii
(ii) after 1 January 20305, at least energy performance class E;
2022/07/06
Committee: ITRE
Amendment 892 #

2021/0426(COD)

Proposal for a directive
Article 9 – paragraph 1 – point c – point i
(i) after 1 January 20305, at least energy performance class F; and
2022/07/06
Committee: ITRE
Amendment 894 #

2021/0426(COD)

Proposal for a directive
Article 9 – paragraph 1 – point c – point ii
(ii) after 1 January 20338, at least energy performance class E;
2022/07/06
Committee: ITRE
Amendment 969 #

2021/0426(COD)

Proposal for a directive
Article 10
1. By 31 December 2023, the Commission shall adopt delegated acts in accordance with Article 29 supplementing this Directive by establishing a common European framework for renovation passports, based on the criteria set out in paragraph 2. 2. By 31 December 2024, Member States shall introduce a scheme of renovation passports based on the common framework established in accordance with paragraph 1. 3. The renovation passport shall comply with the following requirements: (a) it shall be issued by a qualified and certified expert, following an on-site visit; (b) it shall comprise a renovation roadmap indicating a sequence of renovation steps building upon each other, with the objective to transform the building into a zero-emission building by 2050 at the latest; (c) it shall indicate the expected benefits in terms of energy savings, savings on energy bills and operational greenhouse emission reductions as well as wider benefits related to health and comfort and the improved adaptive capacity of the building to climate change; and (d) it shall contain information about potential financial and technical support.Article 10 deleted Renovation passport
2022/07/06
Committee: ITRE
Amendment 971 #

2021/0426(COD)

Proposal for a directive
Article 10 – title
10 RVoluntary renovation passport
2022/07/06
Committee: ITRE
Amendment 973 #

2021/0426(COD)

Proposal for a directive
Article 10 – paragraph 1
1. By 31 December 2023, the Commission shall adopt delegated acts in accordance with Article 29 supplementing this Directive by establishing a common European framework for voluntary renovation passports, based on the criteria set out in paragraph 2.
2022/07/06
Committee: ITRE
Amendment 977 #

2021/0426(COD)

Proposal for a directive
Article 10 – paragraph 2
2. By 31 December 2024, Member States shall introduce a scheme of renovation passports based on the common framework established in accordance with paragraph 1.deleted
2022/07/06
Committee: ITRE
Amendment 984 #

2021/0426(COD)

Proposal for a directive
Article 10 – paragraph 3 – introductory part
3. The voluntary renovation passport shall comply with the following requirements:
2022/07/06
Committee: ITRE
Amendment 1027 #

2021/0426(COD)

4. Member States shall ensure that, when a technical building system is installed, the overall energy performance of the altered part, and where relevant, of the complete altered system, is assessed. The results shall be documented and passed on to the building owner, so that they remain available and can be used for the verification of compliance with the minimum requirements laid down pursuant to paragraph 1 and the issue of energy performance certificates.deleted
2022/07/06
Committee: ITRE
Amendment 1043 #

2021/0426(COD)

Proposal for a directive
Article 12 – paragraph 1 – point a
(a) the installation of at least one recharging point;deleted
2022/07/06
Committee: ITRE
Amendment 1065 #

2021/0426(COD)

Proposal for a directive
Article 12 – paragraph 1 – subparagraph 2
Member States shall ensure that the pre- cabling is dimensioned so as to enable the simultaneous use of the expected number of recharging points.deleted
2022/07/06
Committee: ITRE
Amendment 1102 #

2021/0426(COD)

Proposal for a directive
Article 12 – paragraph 4 – point b
(b) at least two bicycle parking spaces for every dwelling.deleted
2022/07/06
Committee: ITRE
Amendment 1158 #

2021/0426(COD)

Proposal for a directive
Article 14 – paragraph 2
2. When laying down the rules regarding the management and exchange of data, Member States or, where a Member State has so provided, the designated competent authorities, shall specify the rules on the access to building systems data by eligible parties in accordance with this Article and the applicable Union legal framework. Particular attention to the right to privacy of individual inhabitants, owners, tenants or lessees of buildings shall be paid in the data collection and exchange procedures.
2022/07/06
Committee: ITRE
Amendment 1168 #

2021/0426(COD)

Proposal for a directive
Article 14 – paragraph 5
5. The Commission shall adopt implementing acts detailing interoperability requirements and non- discriminatory and transparent procedures for access to the data with respect for the rights of individuals. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 30(2).
2022/07/06
Committee: ITRE
Amendment 46 #

2021/0422(COD)

Proposal for a directive
Recital 1
(1) According to Article 3(3) of the Treaty on European Union (TEU) and Article 191 of the Treaty on the Functioning of the European Union (TFEU), the Union is, together with the Member States, committed to ensuring a high level of protection and improvement of the quality of the environment.
2022/09/16
Committee: PETI
Amendment 56 #

2021/0422(COD)

Proposal for a directive
Recital 3
(3) The existing systems of penalties under Directive 2008/99/EC of the European Parliament and of the Council20 and environmental sectoral law have not been sufficient in all environmental policy area to achieve compliance with Union law for the protection of the environment. Compliance should be strengthened by the availability of criminal penalties, which demonstrate social disapproval of a qualitatively different nature compared to administrative penalties. _________________ 20 Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law (OJ L 328, 6.12.2008, p. 28).
2022/09/16
Committee: PETI
Amendment 64 #

2021/0422(COD)

Proposal for a directive
Recital 4
(4) The effective investigation, prosecution and adjudication of environmental criminal offences should be improved. The list of environmental criminal offences which were set out in Directive 2008/99/EC should be revised and additional categories of offences based on the most serious breaches of Union environmental law should be added. Provisions on sanctions should be strengthened in order to enhance their deterrent effect as well as the enforcement chain in charge of detecting, investigating, prosecuting and adjudicating environmental criminal offences.
2022/09/16
Committee: PETI
Amendment 68 #

2021/0422(COD)

Proposal for a directive
Recital 5
(5) Member States shouldmay criminalise offence categories and provide for greater precision on the definitions of the offence categories, and harmonisation concerning sanction types and levels.
2022/09/16
Committee: PETI
Amendment 71 #

2021/0422(COD)

Proposal for a directive
Recital 6
(6) Member States should provide for criminal penalties in their national legislation in respect of serious infringements of provisions of Union law concerning protection of the environment. In the framework of the common fisheries policy, Union law provides for comprehensive set of rules for control and enforcement under Regulation (EC) No 1224/200921 and Regulation (EC) No 1005/2008 in case of serious infringements, including those that cause damage to the marine environment. Under this system the Member States have the choice between administrative and/or criminal sanctioning systems. In line with the Communication from the Commission on the European Green Deal22 and the EU Biodiversity Strategy for 203023 , certain intentional unlawful conduct covered under Regulation (EC) No 1224/2009 and Regulation (EC) 1005/200824 shouldmay be established as criminal offences. _________________ 21 Commission Implementing Regulation (EU) No 404/2011 of 8 April 2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy (OJ L 112, 30.4.2011, p. 1–153). 22 COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE EUROPEAN COUNCIL, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS The European Green Deal, COM/2019/640 final. 23 COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS EU Biodiversity Strategy for 2030 Bringing nature back into our lives, COM/2020/380 final 24 Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing, amending Regulations (EEC) No 2847/93, (EC) No 1936/2001 and (EC) No 601/2004 and repealing Regulations (EC) No 1093/94 and (EC) No 1447/1999, (OJ L 286, 29.10.2008, p. 1– 32).
2022/09/16
Committee: PETI
Amendment 76 #

2021/0422(COD)

Proposal for a directive
Recital 7
(7) In order to constitute an environmental offence under this Directive, conduct should be unlawful under Union law protecting the environment or national laws, administrative regulations or decisions giving effect to that Union law. The conduct which constitutes each category of criminal offence should be defined and, where appropriate, a threshold which needs to be met for the conduct to be criminalised should be set. Such conduct should be considered a criminal offence when committed intentionally and, in certain cases, also when committed with serious negligence. Illegal conduct that causes death or serious injury of persons, substantial damage or a considerable risk of substantial damage for the environment or is considered otherwise as particularly harmful to the environment constitutes a criminal offence when committed with serious negligence. Member States remain free to adopt or maintain more stringent or more lenient criminal law rules in that area.
2022/09/16
Committee: PETI
Amendment 78 #

2021/0422(COD)

Proposal for a directive
Recital 8
(8) A conduct should be considered unlawful also when it is carried out under an authorisation by a competent authority in a Member State if such authorisation was obtained fraudulently, or by corruption, extortion or coercion. Moreover, operators should take the necessary steps to comply with the legislative, regulatory and administrative provisions concerning the protection of environment applicable when they carry out the respective activity, including by complying with their obligations, as laid down in applicable EU and national laws, in procedures governing amendments or updates to existing authorisations.
2022/09/16
Committee: PETI
Amendment 83 #

2021/0422(COD)

Proposal for a directive
Recital 9
(9) The environment should be protected in a wide sense, as set out under Article 3 (3) TEU and Article 191 TFEU, covering all natural resources - air, water, soil, wild fauna and flora including habitats - as well as services provided by natural resources.
2022/09/16
Committee: PETI
Amendment 86 #

2021/0422(COD)

Proposal for a directive
Recital 10
(10) The acceleration of cClimate change, biodiversity loss and environmental degradation, paired with tangible examples of their devastating effects, have led to the recognition of the green transition as thea defining objective of our time and a matter of intergenerational equity. Therefore, when Union legislation covered by this Directive evolves, this Directive should also cover any updated or amended Union legislation falling within the scope of criminal offences defined under this Directive, when the obligations under Union law remain unchanged in substance. However, when new legal instruments prohibit new conduct harmful to the environment, this Directive should be amended in order to add to the categories of criminal offences also the new serious breaches of Union environmental law.
2022/09/16
Committee: PETI
Amendment 89 #

2021/0422(COD)

Proposal for a directive
Recital 11
(11) Qualitative and quantitative thresholds used to define environmental criminal offences should be clarified by providing a non-exhaustive list of circumstances which should be taken into account when assessing such thresholds by authorities which investigate, prosecute and adjudicate offences. This should promote the coherent application of the Directive and a more effective fight against environmental crimes as well as provide for legal certainty. However, such thresholds or their application should not make the investigation, prosecution or adjudication of criminal offences excessively difficult.
2022/09/16
Committee: PETI
Amendment 93 #

2021/0422(COD)

Proposal for a directive
Recital 12
(12) In criminal proceedings and trials, due account should be taken of the involvement of organised criminal groups operating in ways that negatively impact the environment. Criminal proceedings should address corruption, money laundering, cyber-crime and document fraud and – in relation to business activities – the intention of the offender to maximise profits or save expenses, where these occur in the context of environmental crime. These crime forms are oftensometimes interconnected with serious environmental crime forms and should therefore not be dealt with in isolation. In this respect, it is of particular concern that some environmental crimes are committed with the tolerance or active support of the competent administrations or officials performing his/her public duty. In certain cases this can even take the form of corruption. Examples of such behaviours are turning a blind eye or remaining silent on the infringement of laws protecting the environment following inspections, deliberately omitting inspections or controls for example with regard to whether the conditions of a permit are being respected by the permit-holder, resolutions or votes in favour of granting illegal licences or issuing falsified or untrue favourable reports.
2022/09/16
Committee: PETI
Amendment 97 #

2021/0422(COD)

Proposal for a directive
Recital 13
(13) Inciting, and aiding and abetting the criminal offences committed intentionally should also be punishable. An attempt tTo commit a criminal offence that causes death or serious injury of a person, substantial damage to the environment or is likely to cause or substantial damage to the environment or is otherwise considered particularly harmful should alsomust constitute a criminal offence when committed intentionally.
2022/09/16
Committee: PETI
Amendment 111 #

2021/0422(COD)

Proposal for a directive
Recital 18
(18) This Directive shouldmay apply without prejudice to the general rules and principles of national criminal law on the sentencing or the application and execution of sentences in accordance with the specific circumstances in each individualof the cases.
2022/09/16
Committee: PETI
Amendment 123 #

2021/0422(COD)

Proposal for a directive
Recital 24
(24) Environmental criminal offences harm nature and society. By reporting breaches of Union environmental law, people perform a service of public interest and play a key role in exposing and preventing such breaches, and thus safeguarding the welfare of society. Individuals in contact with an organisation in the context of their work-related activities are often the first to know about threats or harm to the public interest and the environment. Persons who report irregularities are known as whistleblowers. Potential whistleblowers are often discouraged from reporting their concerns or suspicions for fear of retaliation. Such persons should benefit from balanced and effective whistleblowers protection set out under Directive (EU) 2019/1937of the European Parliament and of the Council25 . _________________ 25 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 305/17).
2022/09/16
Committee: PETI
Amendment 141 #

2021/0422(COD)

Proposal for a directive
Recital 30
(30) To ensure an effective, integrated and coherent enforcement system that includes administrative, civil and criminal law measures, Member States should organise internal cooperation and communication between all actors along the administrative and criminal enforcement chains and between punitive and remedial sanctioning actors. Following the applicable rules, Member States shouldmay also cooperate through EU agencies, in particular Eurojust and Europol, as well as with EU bodies, including the European Public Prosecutor’s Office (EPPO) and the European Anti-Fraud Office (OLAF), in their respective areas of competence.
2022/09/16
Committee: PETI
Amendment 154 #

2021/0422(COD)

Proposal for a directive
Recital 33
(33) The statistical data collected under this Directive on environmental offences should be comparable between the Member States and collected on the basis of common minimum standards. In order to ensure uniform conditions for the implementation of this Directive, implementing powers should be conferred on the Commission to define the standard format for statistical data transmission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council27 . _________________ 27 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
2022/09/16
Committee: PETI
Amendment 155 #

2021/0422(COD)

Proposal for a directive
Recital 36 – paragraph 2
[participation:] In accordance with Article 3 and Article 4a(1) of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the TEU and to the TFEU, Ireland has notified [, by letter of …,] its wish to take part in the adoption and application of this Directive.deleted
2022/09/16
Committee: PETI
Amendment 156 #

2021/0422(COD)

(39) Since the objectives of this Directive, namely to ensure common definitions of environmental criminal offences and the availability of effective, dissuasive and proportionate criminal sanctions for serious environmental offences, poses a threat to the principle of subsidiarity and therefore cannot be sufficiently achieved by the Member StatesUnion but can rather, by reason of the scale and effects of this Directive, be better achieved at Union level, the UnionMember States level, the Member States may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 TEU. In accordance with the principle of proportionalitys, as set out in that Article, this Directive does not go beyond what is necessary to achieve that objective.
2022/09/16
Committee: PETI
Amendment 157 #

2021/0422(COD)

Proposal for a directive
Recital 40
(40) This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union, including the protection of personal data, the freedom of expression and information, the freedom to conduct a business, the right to an effective remedy and to a fair trial, the presumption of innocence and right of defence, the principles of legality and proportionality of criminal offences and penalties, and the right not to be tried or punished twice in criminal proceedings for the same offence. This Directive seeks to ensure full respect for those rights and principles and should be implemented accordingly,.
2022/09/16
Committee: PETI
Amendment 367 #

2021/0422(COD)

Proposal for a directive
Article 22
1. The Commission shall be empowered to adopt implementing acts establishing the standard format for data transmission referred to in Article 21(4). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 23(2). 2. For the purposes of the transmission of statistical data, the standard format shall contain the following elements: (a) a common classification of environmental crimes; (b) a common understanding of counting units; (c) a common understanding of procedural stages (investigation, prosecution, trial) in environmental crime proceedings; (d) a common reporting format.Article 22 deleted Implementing powers
2022/09/16
Committee: PETI
Amendment 34 #

2021/0406(COD)

Proposal for a regulation
Recital 5 a (new)
(5 a) Some non-transparent commercial behaviours implemented by third countries show how trade dynamics could be also used as instruments of economic and political pressure against Member States, the European Union and its internal market.
2022/04/29
Committee: IMCO
Amendment 58 #

2021/0406(COD)

Proposal for a regulation
Article 1 – paragraph 1
1. This Regulation lays down rules and procedures in order to ensure the effective protection of the interests of the Union and its Member States where a third country seeks, through measures affecting trade or investment, to coerce the Union or a Member State into adopting or refraining from adopting a particular act. This Regulation provides a framework for the Union to respond in such situations with the objective to deter, or have the third country desist from such actions, whilst permitting the Union, in the last resort, to counteract such actions and protecting the interests of the Union, the Member States and the internal market.
2022/04/29
Committee: IMCO
Amendment 60 #

2021/0406(COD)

Proposal for a regulation
Article 2 – paragraph 1 – indent 2
— by applying or threatening to apply direct or indirect measures affecting trade or investment or the internal market.
2022/04/29
Committee: IMCO
Amendment 65 #

2021/0406(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point e a (new)
(e a) the political and economic dimension of the third country exercising the interference, and the previous relations it had with the European Union and its member states.
2022/04/29
Committee: IMCO
Amendment 112 #

2021/0406(COD)

(a) where the economic coercion has ceasedeffectively ceased, even in its indirect forms;
2022/04/29
Committee: IMCO
Amendment 63 #

2021/0402(COD)

Proposal for a regulation
Recital 6
(6) Whilst always acting within the framework of international law, it is essential that the Union possess an appropriate instrument to deter and counteractin good time or prevent completely economic coercion by third countries or, if such coercion nevertheless occurs, to counteract it effectively in order to safeguard ithe Union’s rights and interests and those of its Member States. This is particularly the case where third countries take measures affecting trade or investment that interfere in the legitimate sovereign choices of the Union or a Member State by seeking to prevent or obtain the cessation, modification or adoption of a particular act by the Union or a Member State. Such measures affecting trade or investment may include not only actions taken on, and having effects within, the territory of the third country, but also actions taken by the third country, including through entities controlled or directed by the third country and present in the Union, that cause harm to economic activities in the Union.
2022/05/30
Committee: INTA
Amendment 150 #

2021/0402(COD)

Proposal for a regulation
Article 4 – paragraph 2
Prior to adopting its decision, the Commission may inshall provitde the third country concerned with an opportunity to submit its observations within an appropriate deadline.
2022/05/30
Committee: INTA
Amendment 179 #

2021/0381(COD)

Proposal for a regulation
Recital 17
(17) The publication or dissemination by other actors of a message that is liable to influence the outcome of an election or referendum, legislative or regulatory process or voting behaviour should also constitute political advertising. In order to determine whether the publication or dissemination of a message is liable to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour, account should be taken of all relevant factors such as the content of the message, the language used to convey the message, the context in which the message is conveyed, the objective of the message and the means by which the message is published or disseminated. Messages on societal or controversial issues may, as the case may be, be liable to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour.
2022/09/19
Committee: IMCO
Amendment 207 #

2021/0381(COD)

Proposal for a regulation
Recital 30
(30) The transparency requirements should also not apply to the sharing of information through electronic communication services such as electronic message services or telephone calls, as long as no political advertising service is involved.
2022/09/19
Committee: IMCO
Amendment 239 #

2021/0381(COD)

Proposal for a regulation
Recital 44
(44) Information about the amounts spent on and the value of other benefits received in part or full exchange for political advertising services can usefully contribute to the political debate. It is necessary to ensure that an appropriate overview of political advertising activity can be obtained from the annual reports prepared by relevant political advertising publishers. To support oversight and accountability, such reporting should include information about expenditure on the targeting of political advertising in the relevant period, aggregated to campaign or candidate. To avoid disproportionate burdens, those transparency reporting obligations should not apply to enterprises qualifying under Article 3(1), (2) and (3) of Directive 2013/34/EU.
2022/09/19
Committee: IMCO
Amendment 256 #

2021/0381(COD)

Proposal for a regulation
Recital 58
(58) For the oversight of those aspects of this Regulation that do not fall within the competence of the supervisory authorities under Regulation (EU) 2016/679, Regulation (EU) 2018/725 Member States shouldmay designate competent authorities. To support the upholding of fundamental rights and freedoms, the rule of law, democratic principles and public confidence in the oversight of political advertising it is necessary that such authorities are structurally independent from external intervention or political pressure and are appropriately empowered effectively monitor and take the measures necessary to ensure compliance with this Regulation, in particular the obligations laid down in Article 7. Member States may designate, in particular, the national regulatory authorities or bodies under Article 30 of Directive 2010/13/EU of the European Parliament and of the Council13. _________________ 13 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).
2022/09/19
Committee: IMCO
Amendment 264 #

2021/0381(COD)

Proposal for a regulation
Recital 66
(66) In order to fulfil the objectives of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of Article 7(7) to further specify the form in which the requirements for the provision of information in the transparency notices according to that Article should be provided; and in respect of Article 12(8) to further specify the form in which the requirements of the provision of information about targeting should be provided. It is of particular importance that the Commission carries out appropriate consultations, including of experts designated by each Member State, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
2022/09/19
Committee: IMCO
Amendment 302 #

2021/0381(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point a
(a) by, for or on behalf of a political actor, unless it is of a purely private or a purely commercial nature; ordeleted
2022/09/19
Committee: IMCO
Amendment 304 #

2021/0381(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point b
(b) which is liable to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour.deleted
2022/09/19
Committee: IMCO
Amendment 341 #

2021/0381(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 9
9. ‘electoral period’ means the period preceding or during or immediately after an election or referendum in a Member State and during which the campaign activities are subject to specific rules;
2022/09/19
Committee: IMCO
Amendment 468 #

2021/0381(COD)

Proposal for a regulation
Article 7 – paragraph 8
8. The Commission is empowered to adopt delegated acts in accordance with Article 19 to amend Annex I by adding, modifying or removing elements from the list of information to be provided pursuant to paragraph 2 where, in the light of technological developments, such an amendment is necessary for the wider context of the political advertisement and its aims to be understood.
2022/09/19
Committee: IMCO
Amendment 482 #

2021/0381(COD)

Proposal for a regulation
Article 8 – paragraph 2
2. Paragraph 1 shall not apply to undertakings that qualifying under as micro, small or medium-sized enterprises within the meaning of Article 3(3) of Directive 2013/34/EU.
2022/09/19
Committee: IMCO
Amendment 547 #

2021/0381(COD)

Proposal for a regulation
Article 11 – paragraph 7 a (new)
7a. Any information provided pursuant to this article may only be used in the context for which it was requested i.e. for the purpose specified in the request made to the provider of political advertising services by the entity referred to in paragraph 2.
2022/09/19
Committee: IMCO
Amendment 566 #

2021/0381(COD)

Proposal for a regulation
Article 12 – paragraph 8
8. The Commission is empowered to adopt delegated acts in accordance with Article 19 to amend Annex II by modifying or removing elements of the list of information to be provided pursuant to paragraph 3(c) of this Article in light of technological developments in relevant scientific research, and developments in supervision by competent authorities and relevant guidance issued by competent bodies.
2022/09/19
Committee: IMCO
Amendment 584 #

2021/0381(COD)

Proposal for a regulation
Article 15 – paragraph 2
2. Member States shall designate competent authorities to monitor the compliance of providers of intermediary services within the meaning of Regulation (EU) 2021/xxx [DSA] with the obligations laid down in Articles 5 to 11 and 14 of this Regulation, where applicable. The competent authorities designated under Regulation (EU) 2021/xxx [Digital Services Act] may also be one of the competent authorities designated to monitor the compliance of online intermediaries with the obligations laid down in Articles 5 to 11 and 14 of this Regulation. The Digital Services Coordinator referred to in Article 38 of Regulation (EU) 2021/xxx in each Member State shall be responsible for ensuring coordination at national level in respect of providers of intermediary services as defined by Regulation (EU) 2021/xxx [Digital Services Act]. Article 45(1) to (4) and Article 46(1) of Regulation (EU) 2021/xxx [Digital Services Act] shall be applicable for matters related to the application of this Regulation as regards providers of intermediary services.
2022/09/19
Committee: IMCO
Amendment 592 #

2021/0381(COD)

Proposal for a regulation
Article 15 – paragraph 3
3. Each Member State shallmay designate one or more competentther authorities to be responsible for the application and enforcement of the aspects of this Regulation not referred to in paragraphs 1 and 2. Each competent authority designated under this paragraph shall structurally enjoy full independence both from the sector and from any external intervention or political pressure. It shall in full independence effectively monitor and take the measures necessary and proportionate to ensure compliance with this Regulation.
2022/09/19
Committee: IMCO
Amendment 598 #

2021/0381(COD)

Proposal for a regulation
Article 15 – paragraph 4
4. Competent authorities referred to in paragraph 3, where exercising their supervisory tasks in relation to this Regulation, shall have the power to request to access data, documents or any necessary information from providers of political advertising services for the performance of their supervisory tasks.
2022/09/19
Committee: IMCO
Amendment 600 #

2021/0381(COD)

Proposal for a regulation
Article 15 – paragraph 5 – introductory part
5. Competent authorities referred to in paragraph 3, where exercising their enforcement powers in relation to this Regulation, shall have the power to:
2022/09/19
Committee: IMCO
Amendment 617 #

2021/0381(COD)

Proposal for a regulation
Article 15 – paragraph 8 – introductory part
8. Where a provider of political advertising services is providing services in more than one Member State, or has its main establishment or a representative in a Member State but provides its main activities in another Member State, theeach competent authority of the Member State of the main establishment or other establishment or of the represenwhere the services are being provided shall be considered competent for applying supervisory or enforcement measures. The authorities of the different Member States shall cooperate and provide each other with support if necessary. Unless already provided for under EU law, a competent authority may request, via the contact point referred to in paragraph 7, in a substantive, and ated, justified and proportionate manner, that another competent authorities of those other Member States shall cooperate with and assist each other as necessary. Unless already regulated by Union law,y, where it is better placed, take the supervisory or enforcement measures referred to in paragraphs 4 and 5; The relevant competent authority so requested shall, via the contact points referred to in paragraph 7 and within a time frame proportionate to the urgency of the request, provide a response or inform that it does not consider that the conditions for requesting assistance under this Regulation have been met. Any information exchanged in thate cooperation shall entail, at least, the following: ntext of the request for assistance and provided under this article shall only be used in the context of the matter for which it was requested.
2022/09/19
Committee: IMCO
Amendment 618 #

2021/0381(COD)

Proposal for a regulation
Article 15 – paragraph 8 – point a
(a) the competent authorities applying supervisory or enforcement measures in a Member State shall, via the contact point referred to in paragraph 7, inform and consult the competent authorities in the other Member State(s) concerned on the supervisory and enforcement measures taken and their follow-up;deleted
2022/09/19
Committee: IMCO
Amendment 622 #

2021/0381(COD)

Proposal for a regulation
Article 15 – paragraph 8 – point b
(b) a competent authority may request, via the contact point referred to in paragraph 7, in a substantiated, justified and proportionate manner, another competent authority, where it is better placed, to take the supervisory or enforcement measures referred to in paragraphs 4 and 5; andeleted
2022/09/19
Committee: IMCO
Amendment 625 #

2021/0381(COD)

Proposal for a regulation
Article 15 – paragraph 8 – point c
(c) a competent authority shall, upon receipt of a justified request from another competent authority, provide the other competent authority with assistance so that the supervision or enforcement measures referred to in paragraphs 4 and 5 can be implemented in an effective, efficient and consistent manner. The relevant competent authority so requested shall, via the contact points referred to in paragraph 7 and within a timeframe proportionate to the urgency of the request provide a response communicating the information requested, or informing that it does not consider that the conditions for requesting assistance under this Regulation have been met. Any information exchanged in the context of assistance requested and provided under this Article shall be used only in respect of the matter for which it was requested.deleted
2022/09/19
Committee: IMCO
Amendment 631 #

2021/0381(COD)

Proposal for a regulation
Article 15 – paragraph 9
9. Contact points shall meetexchange information periodically at Union level in the framework of the European Cooperation Network on Elections to facilitate the swift and secured exchange of information on issues connected to the exercise of their supervisory and enforcements tasks pursuant to this Regulation.
2022/09/19
Committee: IMCO
Amendment 637 #

2021/0381(COD)

Proposal for a regulation
Article 16 – paragraph 1
1. In relation to Articles 5 to 11, 13 and 14 Member States shall lay down rules on sanctions including administrative fines and financial penalties applicable to providers of political advertising services under their jurisdiction and under the applicable data protection legislation, where appropriate, for infringements of the present Regulation, which shall in each individual case be effective, proportionate and dissuasive.
2022/09/19
Committee: IMCO
Amendment 110 #

2021/0297(COD)

Proposal for a regulation
Recital 3
(3) The Union's common commercial policy is to be consistent with and to consolidate the objectives of the Union policy in the field of development cooperation, laid down in Article 208 of the Treaty on the Functioning of the European Union (TFEU), in particular the eradication of poverty and the promotion of sustainable economic, social, and environmental development and good governance in the developing countries. It n the context of a new, more sustainable growth model, the Union needs a new trade policy strategy and the green transition must go hand in hand with social equity and reciprocity. It is to comply with World Trade Organisation (‘WTO’) requirements, in particular with the Decision on Differential and More Favourable Treatment, Reciprocity and Fuller Participation of Developing Countries (the ‘Enabling Clause’), adopted under the General Agreement on Tariffs and Trade (‘GATT’) in 1979, under which WTO Members may accord differential and more favourable treatment to developing countries.
2022/02/07
Committee: INTA
Amendment 115 #

2021/0297(COD)

Proposal for a regulation
Recital 5
(5) The general objectives of the GSP are to support eradication of poverty in all its forms, in line with Agenda 2030 and Sustainable Development Goal 17.12 and, to promote the sustainable development agenda and to encourage exports diversification from GSP beneficiary countries, while averting harm to EU industry’s interests. The 2018 GSP Mid- term Evaluation and the 2021 supporting Study for the Impact Assessment underpinning this Regulation concluded that the GSP framework under Regulation (EU) No 978/2012 has delivered on these main objectives, which were at the core of the 2012 overhaul of Council Regulation (EC) No 732/200815 . _________________ 15 Council Regulation (EC) No 732/2008 of 22 July 2008 applying a scheme of generalised tariff preferences from 1 January 2009 and amending Regulations (EC) No 552/97, (EC) No 1933/2006 and Commission Regulations (EC) No 1100/2006 and (EC) No 964/2007 (OJ L 211, 6.8.2008, p. 1).
2022/02/07
Committee: INTA
Amendment 120 #

2021/0297(COD)

Proposal for a regulation
Recital 6
(6) Those objectives remain relevant in the current global context and they are consistent with the analysis and perspective of the recent Commission Communication Trade Policy Review “An Open, Sustainable and Assertive Trade Policy”16 (‘TPR’). According to the TPR, the Union has a “strategic interest to support the enhanced integration into the world economy of vulnerable developing countries” and it “must fully use the strength provided by its openness and the attractiveness of its Single Market” to support multilateralism and to ensure adherence to universal values. For GSP specifically, the TPR notes its important role in “promoting respect for core human and labour rights” and sets the objective for the GSP “to further increase trading opportunities for developing countries to reduce poverty and create jobs based on international values and principles”. Together with openness to trade, the scheme should support GSP beneficiary countries to develop a strong industrial base and to create an infrastructure that facilitates access to knowledge and information to foster diversification of trade flows. Moreover, the scheme should assist beneficiaries in recovering from the COVID-19 impact and in re-building their economies in a sustainable manner, including with respect to international human rights, labour, environmental and good governance standards. By prioritising diversification of exports from GSP beneficiary countries, the scheme should focus preferences on less competitive products which should ultimately contribute to sustainable development and poverty eradication. Coherence should be ensured between the GSP and its objectives and the assistance provided to beneficiary countries, in line with Union’s Policy Coherence for Development (PCD), which constitutes a key pillar of Union’s efforts to enhance the positive impact and increase effectiveness of development cooperation17 . _________________ 16 COM(2021) 66 final, 18 February 2021 17 Article 208 of the Treaty on the Functioning of the EU concerning PCD reads: “The Union shall take account of the objectives of development cooperation in the policies that it implements which are likely to affect developing countries”.
2022/02/07
Committee: INTA
Amendment 133 #

2021/0297(COD)

Proposal for a regulation
Recital 7
(7) By providing preferential access to the Union market, the scheme should assist developing countries in their efforts to reduce poverty and achieve and promote good governance and sustainable development by helping them to generate additional revenue through international trade, which can then be re-invested for the benefit of their own development and, in addition, to diversify their economies. The scheme's tariff preferences should focus on less competitive products originating from those developing countries that have greater development, trade and financial needs.
2022/02/07
Committee: INTA
Amendment 134 #

2021/0297(COD)

Proposal for a regulation
Recital 7 a (new)
(7 a) Union policies increasingly entail an escalation in obligations to comply with Union standards on quality and sustainability of production, with a significant impact on production costs, which are not fully taken into account in international trade negotiations or in the GSP, despite the leading role of the Union in these areas. The limits and obligations that European producers have to respect should equally apply to imports into the Union internal market, being also monitored regularly. The latter imports should reflect the soaring requirements that Union farmers are bounded to implement as the GSP must not, under any circumstance, be a tool to promote unsustainable production or triangular trade. This should become a non- negotiable factor in free trade negotiations or access through the Union's GSP, alongside with equivalence which should also be a prerequisite, covering the entire value chain. The creation of a level playing field for production based on an equivalent political approach would strengthen the competitiveness, employment and growth of agri-food production in the beneficiary countries of the GSP schemes, while safeguarding the European producers.
2022/02/07
Committee: INTA
Amendment 162 #

2021/0297(COD)

Proposal for a regulation
Recital 19
(19) The special arrangement for the least-developed countries (EBA) should continue to grant duty free access to the Union market for products originating in the least developed countries, as recognised and classified by the United Nations (UN), except for trade in arms. For a country no longer classified by the UN as a least-developed country, a transitional period should be established, to alleviate any adverse effects caused by the removal of the tariff preferences granted under that arrangement. If a beneficiary country of the EBA scheme no longer meets certain economic, environmental and social conditions, that country should be excluded from the list of beneficiary countries of the EBA scheme. If a product imported from EBA beneficiary countries does not meet certain economic, environmental and social production criteria, that product should be excluded from the tariff preference scheme and the Common Customs Tariff should be reintroduced for that product. Tariff preferences provided under the special arrangement for the least- developed countries should continue to be granted for those least developed countries, which benefit from another preferential market access arrangement with the Union.
2022/02/07
Committee: INTA
Amendment 165 #

2021/0297(COD)

Proposal for a regulation
Recital 21
(21) Common Customs Tariff duties on non-sensitive products should continue to be suspended, while duties on sensitive products should enjoy a tariff reduction, in order to ensure a satisfactory utilisation rate while at the same time taking account of the situation of the corresponding Union industriesown production industries and agriculture.
2022/02/07
Committee: INTA
Amendment 168 #

2021/0297(COD)

Proposal for a regulation
Recital 22
(22) Such a tTariff reductions should be sufficiently attractive, in order to motivate traders to make use of the opportunities offered by the scheme. Therefore, the ad valorem duties should generally be reduced by a flat rate of 3,5 percentage points from the 'most favoured nation' duty rate, while such duties for textiles and textile goods should be reduced by 20 %. Specific duties should be reduced by 30 %. Where a minimum duty is specified, that minimum duty should not apply.
2022/02/07
Committee: INTA
Amendment 171 #

2021/0297(COD)

Proposal for a regulation
Recital 23 a (new)
(23 a) Safeguards are essential mechanisms to reduce beneficiary countries’ dependency on a few products, to focus preferences on less competitive products and to stimulate economic growth. The scheme should reinforce the Union’s financial and economic interests by providing effective and enforceable safeguards to sensitive products which should at the same time improve the implementation of social and environmental rights in beneficiary countries
2022/02/07
Committee: INTA
Amendment 178 #

2021/0297(COD)

Proposal for a regulation
Recital 25
(25) The reasons for temporary withdrawal of the arrangements under the scheme should include serious and systematic violations of the principles laid down in international conventions concerning core human rights (including certain principles of international humanitarian law enshrined in those conventions), labour rights, climate and environmental protection, and good governance, so as to promote the objectives of those conventions. Furthermore, temporary withdrawal should be made possible in case of severe and systemic breach of the obligation of the beneficiary country towards not respecting the Members States’ interests and not complying with international trade obligations and creating some retaliatory or discriminatory measures. Tariff preferences under the special incentive arrangement for sustainable development and good governance should be temporarily withdrawn if the beneficiary country does not respect its binding undertaking to maintain the ratification and effective implementation of those conventions or to comply with the reporting requirements imposed by the respective conventions, or if the beneficiary country does not cooperate with the Union's monitoring procedures as set out in this Regulation. The temporary withdrawal should continue until the reasons justifying it no longer apply. In situations characterised by an exceptional gravity of the violations, the Commission should have the power to respond rapidly by adopting measures within a shorter timeline. Under the Union’s zero tolerance approach for child labour the reasons for temporary withdrawal should include exports of goods made by internationally prohibited child labour, as well as forced labour including slavery and prison labour, as identified in the relevant Conventions in Annex VI.
2022/02/07
Committee: INTA
Amendment 185 #

2021/0297(COD)

Proposal for a regulation
Recital 25 a (new)
(25 a) Trade defense instruments are becoming increasingly important and should be enforced as soon as imports harm Union producers. Thereunder, the latter instruments should be used to manage situations where unfair trade practices take place in the form of price dumping or public subsidies, not WTO compliant. As trade within agri-food products is increasingly concentrated on processed products, the activation of trade defense instruments is progressively becoming more complex, as evidenced by the evolution of imports of semi-finished or processed rice from Cambodia. For this purpose, a certain establishment of the origin of the raw material used in the transformation of the product should be ensured.
2022/02/07
Committee: INTA
Amendment 196 #

2021/0297(COD)

Proposal for a regulation
Recital 35
(35) The Commission should also adopt immediately applicable implementing acts where, in duly justified cases relating to safeguard investigations, imperative grounds of urgency relating to the deterioration of the economic and/or financial situation of Union producers which would be difficult to repair so require. Safeguards should be promptly activated if there were to exist a substantial negative impact on the Union agri-food production sector. Any delay or hesitation in the application of safeguard measures in the agri-food sector could lead to irreversible economic damage for Union farmers and the agri-food industry overall, with consequent loss of jobs and damage to the local, national and European socio-economic framework.
2022/02/07
Committee: INTA
Amendment 200 #

2021/0297(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 9 a (new)
(9 a) "sensitive products" means goods whose excessive utilisation rate by standard GSP beneficiary countries could have a negative impact on the market for basic or processed goods and other European commodities, in the medium and long term. In this regard and for the purposes of this definition, processed agri-food products - such as rice and sugar - are products obtained with basic raw materials whose origin or place of origin is ascertained in a Member State.
2022/02/07
Committee: INTA
Amendment 202 #

2021/0297(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 9 b (new)
(9 b) For the purpose of this Regulation, agricultural and agri-food products are considered sustainable when they are certified in accordance with voluntary sustainability certification schemes recognized by the European Commission on the basis of pre- established sustainability criteria and minimum requirements. The latter should be based, inter alia, in consistency with the ambitious objectives of the European Green deal and the "Farm2Fork" strategy, as well as with internationally recognized standards such as relevant international conventions listed in Annex VI, adequate standards of human rights, environmental sustainability, economic equality and decent income. Criteria is also to include reliability, transparency, traceability, independent and accredited audit and adequate appeal procedures.
2022/02/07
Committee: INTA
Amendment 215 #

2021/0297(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point b a (new)
(b a) it has not ratified all the conventions listed in Annex VI (the 'relevant conventions') or the Commission has identified, based on available information, in particular the most recent available conclusions of the monitoring bodies under those conventions, a serious failure to effectively implement any of those conventions.
2022/02/07
Committee: INTA
Amendment 234 #

2021/0297(COD)

Proposal for a regulation
Article 8 – paragraph 1
1. The tariff preferences referred to in Article 7 shall be suspended, in respect of products of a GSP section originating in a standard GSP beneficiary country, when the average value of Union imports of such products over three consecutive years from that standard GSP beneficiary country exceeds the thresholds listed in Annex IV. The thresholds shall be calculated as a percentage of the total value of Union imports of the same products from all GSP beneficiary countries. Additionally, such a threshold shall be applied to a specific Taric code, or to a restricted number of Taric codes.
2022/02/07
Committee: INTA
Amendment 236 #

2021/0297(COD)

Proposal for a regulation
Article 8 – paragraph 3
3. The Commission shall, every three years, review the list referred to in paragraph 2 of this Article and adopt an implementing act in the year preceding the review year, in accordance with the advisory procedure referred to in Article 39(2), in order to suspend or to re-establish the tariff preferences referred to in Article 7. That implementing act shall apply as of 1 January of the year following its entry in force.
2022/02/07
Committee: INTA
Amendment 240 #

2021/0297(COD)

Proposal for a regulation
Article 8 – paragraph 4
4. The list referred to in paragraphs 2 and 3 of this Article shall be established on the basis of the data available on 1 September of the year in which the review is conducted and of the two years preceding the review year. It shall take into account imports from GSP beneficiary countries listed in Annex I as applicable at that time. However, the value of imports from GSP beneficiary countries, which upon the date of application of the suspension no longer benefit from the tariff preferences under Article 4(1), point (b), shall not be taken into account.
2022/02/07
Committee: INTA
Amendment 271 #

2021/0297(COD)

Proposal for a regulation
Article 14 – paragraph 1
1. By 1 January 2027, and every three years thereafter, the Commission shall present to the European Parliament and to the Council, in the most transparent way, a report on the status of ratification of the relevant conventions, the compliance of the GSP+ beneficiary countries with any reporting obligations under those conventions and the status of the effective implementation thereof.
2022/02/07
Committee: INTA
Amendment 292 #

2021/0297(COD)

Proposal for a regulation
Article 15 – paragraph 9
9. Where the Commission considers that the findings justifya temporary withdrawal for the reasons referred to in paragraph 1 of this Article, it is empowered to adopt delegated acts, in accordance with Article 36, to amend Annex I and Annex II in order to temporarily withdraw the tariff preferences provided under the special incentive arrangement for sustainable development and good governance referred to in Article 1(2), point (b). In adopting the delegated act the Commission may, when appropriatejustified, consider the socio-economic effect of the temporary withdrawal of tariff preferences in the beneficiary country, including with regard to impacts on women’s employment and unemployment, with a view to minimising the negative socio- economic impact on the GSP+ beneficiary countries population while maximizing the leverage on its government.
2022/02/07
Committee: INTA
Amendment 297 #

2021/0297(COD)

Proposal for a regulation
Article 15 – paragraph 10
10. Where the Commission decides on temporary withdrawal, such delegated act shall become applicable sixone months after its adoption.
2022/02/07
Committee: INTA
Amendment 299 #

2021/0297(COD)

Proposal for a regulation
Article 17 – paragraph 1
1. An eligible country shall benefit from the tariff preferences provided under the special arrangement for the least- developed countries referred to in Article 1(2), point (c), if that country is identified by the United Nations as a least-developed country and if it has not ratified all the conventions listed in Annex VI (the "relevant conventions") or the Commission has identified, based on available information, in particular the most recent available conclusions of the monitoring bodies under those conventions, a serious failure to effectively implement any of those conventions.
2022/02/07
Committee: INTA
Amendment 304 #

2021/0297(COD)

Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 1
Where an EBA beneficiary country no longer fulfils the econditionsomic, environmental and social criteria referred to in paragraph 1 of this Article, the Commission is empowered to adopt delegated acts, in accordance with Article 36, to amend Annex I in order to remove the country from the EBA arrangement following a transitional period of three years as from the date on which the EBA beneficiary country no longer fulfils the econditionsomic, environmental and social criteria referred to in paragraph 1 of this Article.
2022/02/07
Committee: INTA
Amendment 321 #

2021/0297(COD)

Proposal for a regulation
Article 19 – paragraph 1 – point d
(d) serious and systematic unfair trading practices including those affecting the supply of raw materials, which have an adverse effect on the Union industry and which have not been addressed by the beneficiary country. For those unfair trading practices, which are prohibited or actionable under the WTO Agreements, the application of this Article shall be based on a previous determination to that effect by the competent WTO body; Commission following a trade Barrier investigation under Council Regulation (EC) No 3286/94 of 22 December 1994 laying down Community procedures in the field of the common commercial policy in order to ensure the exercise of the Community's rights under international trade rules, in particular those established under the auspices of the WTO. For the other unfair trading practices, including - but not limited to - breaches of intellectual property rights, trade distorting investment practices, trafficking and smuggling, breaches of competition rules and any other unfair trading practices that may hinder market access and the national treatment principle, the application of this Article shall be based on a previous determination to that effect under the conditions laid down in Paragraph 3;
2022/02/07
Committee: INTA
Amendment 335 #

2021/0297(COD)

Proposal for a regulation
Article 19 – paragraph 3
3. Where the Commission, acting upon a complaint or on its own initiative, considers that there are sufficient grounds justifying temporary withdrawal of the tariff preferences provided under any preferential arrangement referred to in Article 1(2) on the basis of the reasons referred to in paragraph 1 of this Article it shall adopt an implementing act to initiate the procedure for temporary withdrawal in accordance with the advisory procedure referred to in Article 39(2). The Commission shall inform the European Parliament and the Council of the adoption of that implementing act. Sufficient grounds justifying temporary withdrawal of the tariff preferences provided under any preferential arrangement referred to in Article 1(2) on the basis of the reasons referred to in paragraph 1 of this Article are prima facie deemed to exist in case a Trade Barrier investigation has already been concluded by the Commission in relation to the unfair trading practices at stake.
2022/02/07
Committee: INTA
Amendment 340 #

2021/0297(COD)

Proposal for a regulation
Article 19 – paragraph 4 – point b
(b) state that the Commission will monitor and evaluate the situation in the beneficiary country concerned during the monitoring and evaluation period referred to in Paragraph 5. During this process the Commission shall inform the Parliament and share, in the most transparent way, the relevant information out of the latter monitoring with the Council and the European Parliament;
2022/02/07
Committee: INTA
Amendment 342 #

2021/0297(COD)

Proposal for a regulation
Article 19 – paragraph 5
5. The Commission shall provide the beneficiary country concerned with every opportunity to cooperate during the monitoring and evaluation period of six months from the date of publication of the noticmonitoring and evaluation period will be of three months from the date of publication of the notice. During this period, the Commission shall provide the beneficiary country concerned with every opportunity to cooperate.
2022/02/07
Committee: INTA
Amendment 345 #

2021/0297(COD)

Proposal for a regulation
Article 19 – paragraph 7
7. Within thre one months from the expiry of the period referred to in paragraph 5, the Commission shall submit a report on its findings and conclusions to the beneficiary country concerned. The beneficiary country has the right to submit its comments on the report. The period for comments shall not exceed one month. This paragraph does not apply in case a trade barrier investigation has already been concluded in relation to the unfair trading practices at stake.
2022/02/07
Committee: INTA
Amendment 349 #

2021/0297(COD)

Proposal for a regulation
Article 19 – paragraph 8 – introductory part
8. Within sixtwo months from the expiry of the period referred to in paragraph 4, point (b)5, the Commission shall decide:
2022/02/07
Committee: INTA
Amendment 352 #

2021/0297(COD)

Proposal for a regulation
Article 19 – paragraph 10
10. Where the Commission considers that the findings justify temporary withdrawal for the reasons referred to in paragraph 1 of this Article, it is empowered to adopt delegated acts, in accordance with Article 36, to amend Annex I and Annex II, in order to temporarily withdraw the tariff preferences provided under the preferential arrangements referred to in Article 1(2). In adopting the delegated act the Commission may, where appropriate, consider the socio-economic effect of the temporary withdrawal of tariff preferences in the beneficiary country.
2022/02/07
Committee: INTA
Amendment 357 #

2021/0297(COD)

Proposal for a regulation
Article 19 – paragraph 12
12. Where the Commission decides on temporary withdrawal, such delegated act shall become applicable sixone months after its adoption.
2022/02/07
Committee: INTA
Amendment 363 #

2021/0297(COD)

Proposal for a regulation
Article 19 – paragraph 16
16. Where the Commission considers that there is sufficient evidence to justify temporary withdrawal for the reason set out in paragraph 1, point (a) and the exceptional gravity of the violations calls for a rapid response in view of the specific circumstances in the beneficiary country, it shall initiate the procedure for temporary withdrawal in accordance with paragraphs (3) to (15). However, the period referred to in paragraph 4, point (b)5 is reduced to 21 months and the deadline referred to in paragraph 8 is reduced to 52 months.
2022/02/07
Committee: INTA
Amendment 366 #

2021/0297(COD)

Proposal for a regulation
Article 22 – paragraph 1
1. Where a product originating in a beneficiary country of any of the preferential arrangements referred to in Article 1(2) is imported in volumes or at prices which cause, or threaten to cause, serious difficulties to Union producers of likeproducts obtained in the Union for similar or directly competing products, normal Common Customs Tariff duties on that product may be wholly or partially reintroduced.
2022/02/07
Committee: INTA
Amendment 368 #

2021/0297(COD)

Proposal for a regulation
Article 22 – paragraph 1 – subparagraph 1 (new)
"Products obtained in the Union" are the primary basic products, processed products and other goods of EU producers. Processed agri-food products are products obtained with raw materials whose origin or place of origin is ascertained in one of the Member States.
2022/02/07
Committee: INTA
Amendment 373 #

2021/0297(COD)

Proposal for a regulation
Article 22 – paragraph 3 a (new)
3 a. For the purposes of this Chapter, "directly competing products" means a product which, after or prior to an industrial transformation, can be compared to another product.
2022/02/07
Committee: INTA
Amendment 377 #

2021/0297(COD)

Proposal for a regulation
Article 24 – paragraph 4
4. An investigation, including the procedural steps referred to in Articles 25, 26 and 27, shall be concluded within 129 months from its initiation.
2022/02/07
Committee: INTA
Amendment 380 #

2021/0297(COD)

Proposal for a regulation
Article 25 – paragraph 1
On duly justified grounds of urgency relating to deterioration of the economic or financial situation of Union producers of products obtained in the Union, and where delay might cause damage which would be difficult to repair, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 39(4) to reintroduce normal Common Customs Tariff duties for a period of up to 12 months.
2022/02/07
Committee: INTA
Amendment 384 #

2021/0297(COD)

Proposal for a regulation
Chapter VI – Section II – title
II Safeguards in the Textile, Footwear, Agriculture and Fisheries Sectors
2022/02/07
Committee: INTA
Amendment 388 #

2021/0297(COD)

Proposal for a regulation
Article 29 – paragraph 1 – introductory part
1. Without prejudice to Section I of this Chapter, on 1 January of each year, the Commission, on its own initiative and in accordance with the advisory procedure referred to in Article 39(2), shall adopt an implementing act in order to remove the tariff preferences referred to in Articles 7 and 12 with respect to the products from GSP sections S-11a, S-11b and S-11b2a or to products falling under Combined Nomenclature codes 1006, 1701, 2207 10 00, 2207 20 00, 2909 19 10, 3814 00 90, 3820 00 00, 38249956, 38249957, 38249992, 38248400, 38248500, 38248600, 38248700, 38248800, 38249993, and 38249996 where imports of such products, originate in a beneficiary country and their total value:
2022/02/07
Committee: INTA
Amendment 395 #

2021/0297(COD)

Proposal for a regulation
Article 29 – paragraph 1 – point a
(a) for products falling under Combined Nomenclature codes 2207 10 00, 2207 20 00, 2909 19 10, 3814 00 90, 3820 00 00, and 38249956, 38249957, 38249992, 38248400, 38248500, 38248600, 38248700, 38248800, 38249993, and 38249996 exceeds the share referred to in point 1 of Annex IV of the value of Union imports of the same products from all countries and territories listed in Annex I, columns A and B C, during a calendar year
2022/02/07
Committee: INTA
Amendment 399 #

2021/0297(COD)

Proposal for a regulation
Article 29 – paragraph 1 – point a a (new)
(a a) for products falling under Combined Nomenclature codes 1006 and 1701 exceeds the share referred to in point 2 of Annex IV of the value of Union imports of the same products from all countries and territories listed in Annex I, column C, during a calendar year;
2022/02/07
Committee: INTA
Amendment 403 #

2021/0297(COD)

Proposal for a regulation
Article 29 – paragraph 1 – point b
(b) for products under GSP sections S- 11a, S-11b and S-11b2a exceeds the share referred to in point 3 of Annex IV of the value of Union imports of products in GSP sections S-11a, S-11b and S-11b2a from all countries and territories listed in Annex I, columns A and B, during a calendar year.
2022/02/07
Committee: INTA
Amendment 410 #

2021/0297(COD)

Proposal for a regulation
Article 29 – paragraph 2
2. Paragraph 1 shall not apply to EBA beneficiary countries, nor shall it apply to countries with a share for the relevant products referred to in paragraph 1 not exceeding 6 % of total Union imports of the same products.
2022/02/04
Committee: INTA
Amendment 415 #

2021/0297(COD)

Proposal for a regulation
Article 40 – paragraph 1
By 1 January 2027 and every threewo years thereafter, the Commission shall submit to the European Parliament and to the Council a report on the effects of the scheme covering the most recent three- wo-year period and all of the preferential arrangements referred to in Article 1(2).
2022/02/04
Committee: INTA
Amendment 420 #

2021/0297(COD)

Proposal for a regulation
Annex IV – subheading 1
Modalities for the application of Article 8 and Article 29
2022/02/04
Committee: INTA
Amendment 426 #

2021/0297(COD)

Proposal for a regulation
Annex IV – point 1
1. Article 8 and Article 29 shall apply when the percentage share referred to in paragraph 1 of thatose Articles exceeds 470 %.
2022/02/04
Committee: INTA
Amendment 431 #

2021/0297(COD)

Proposal for a regulation
Annex IV – point 2
2. Article 8 shall apply for each of the GSP sections S-2a, S-3 and S-5 of Annex III, when the percentage share referred to in paragraph 1 of that Article exceeds 17,5 0 %. Article 29 shall apply for products falling under Combined Nomenclature codes 1006 and 1701 when the percentage share referred to in paragraph 1 of Article exceeds 10%.
2022/02/04
Committee: INTA
Amendment 34 #

2021/0293(COD)

Proposal for a decision
Recital 3
(3) As outlined in the Commission’s Communication updating the 202032 new industrial strategy32, it is necessary for the European Union to identify systems of critical technologies and strategic sectors, to address strategic weaknesses and high- risk dependencies which could lead to supply shortages or cybersecurity risks, to promote in this sense the development of sovereign European digital infrastructures that guarantee the protection of rights and the security of European users' data, and to foster digital transition. This underlines the importance for Member States to join forces and to support industry’s efforts to address these dependencies and to develop strategic capacity needs. This , which also responds to the analysis in the 2021 Strategic Foresight Report33. In the framework of the Recovery and Resilience Facility and the preparation of national recovery and resilience plans, the Commission encouraged Member States to coordinate their efforts in favour of Multi-Country Projects in the digital area. This experience highlighted the need for the Commission to support coordination efforts by Member States, and for the Union to dispose of implementation mechanisms that facilitate joint investments, in order for Multi-Country Projects to materialise. In conjunction with other Commission’s initiatives such as the Observatory for Critical Technologies34, a governance structure implementing the Digital Compass Communication should be established and should help to identify the Union’s current and possible future digital strategic dependencies and contribute to strengthening its digital sovereignty. _________________ 32 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions updating the 2020 new industrial strategy: Building a stronger Single Market for Europe’s recovery”, 5.5.2021 COM(2021) 350 final. 33 COM(2021) 750 final of 8.9.2021 – "2021 Strategic Foresight Report - The EU’s capacity and freedom to act". 34 Action Plan on synergies between civil, defence and space industries, 22.02.2021, COM(2021) 70 final, Action 4.
2022/02/22
Committee: IMCO
Amendment 76 #

2021/0293(COD)

Proposal for a decision
Recital 26
(26) The Commission and one or more Member States may undertake joint commitments regarding coordinated actions they would like to undertake in order to achieve the targets, establish Multi-Country Projects, and agree on any other measures and actions at Union and national level with the objective to progress towards achieving the targets in alignment with the projected trajectories. The Commission should ensure that competition law as well as, for example, State aid rules take into account the need to achieve the general objectives set out in Article 2 of this decision, inter alia the development of an independent digital industry.
2022/02/22
Committee: IMCO
Amendment 109 #

2021/0293(COD)

Proposal for a decision
Article 2 – paragraph 1 – point c
(c) ensure digital sovereignty notably by an independent, secure and accessible digital infrastructure capable to stock and process vast volumes of data, in the Union, that enables other technological developments, supporting the competitiveness of the Union's industry;
2022/02/22
Committee: IMCO
Amendment 112 #

2021/0293(COD)

Proposal for a decision
Article 2 – paragraph 1 – point c a (new)
(ca) work towards the development of an independent European digital industry that guarantees the protection of the rights and security of European users' data, as well as the protection of the strategic interests of Member States when using these services;
2022/02/22
Committee: IMCO
Amendment 152 #

2021/0293(COD)

Proposal for a decision
Article 4 – paragraph 1 – point 2 – introductory part
(2) secure, performant and sustainable European digital infrastructures:;
2022/02/22
Committee: IMCO
Amendment 164 #

2021/0293(COD)

Proposal for a decision
Article 4 – paragraph 1 – point 2 a (new)
(2a) the European Commission and the Member States encourage the promotion of an innovative and independent European industry in order to protect the strategic interests of the Member States, the rights of European users and the security of their data;
2022/02/22
Committee: IMCO
Amendment 172 #

2021/0293(COD)

Proposal for a decision
Article 4 – paragraph 1 – point 4 – introductory part
(4) digitalisation of public services, without this meaning that citizens of the Member States who so wish cannot benefit from these services in a traditional, non-digitised manner:
2022/02/22
Committee: IMCO
Amendment 217 #

2021/0293(COD)

Proposal for a decision
Article 12 – paragraph 2 – point c
(c) addressing strategic vulnerabilities and dependencies of the Union along the digital supply chains, in particular by establishing independent European digital companies governed by EU rules and regulations;
2022/02/22
Committee: IMCO
Amendment 218 #

2021/0293(COD)

Proposal for a decision
Article 12 – paragraph 2 – point d
(d) widening the diffusion and best use of digital solutions in areas of public interest and the private sector, while taking into account existing disparities in digital coverage and respecting the choice of citizens in Member States not to use digital solutions;
2022/02/22
Committee: IMCO
Amendment 226 #

2021/0293(COD)

Proposal for a decision
Article 12 – paragraph 5 a (new)
(5a) If at least three Member States request the Commission to adjust the applicable rules in order to promote the objectives pursued and foster the success of a multinational project, such as the promotion of an independent European digital industry, the Commission must respond to this request within less than three months stating its grounds. In the event that the Commission responds favourably, it must submit a legislative initiative within less than six months.
2022/02/22
Committee: IMCO
Amendment 61 #

2021/0291(COD)

Proposal for a directive
Recital 1
(1) One of the objectives of Directive 2014/53/EU of the European Parliament and of the Council11 is to guarantee the proper functioning of the internal market. Pursuant to Article 3(3), point (a), of that Directive, one of the essential requirements that radio equipment must fulfil is that it interoperates with accessories, in particular with common chargers. In that respect, recital (12) of Directive 2014/53/EU indicates that the interoperability between radio equipment and accessories such as chargers simplifies the use of radio equipment and reduces unnecessary waste and costs, in particular for the benefit of consumers and other end-users. __________________ 11 Directive 2014/53/EU of the European Parliament and of the Council of 16 April 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment and repealing Directive 1999/5/EC (OJ L 153, 22.5.2014, p. 62).
2022/02/21
Committee: IMCO
Amendment 64 #

2021/0291(COD)

Proposal for a directive
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. RSuch initiatives have already been successful to a certain extent, allowing for a shift in the number of charging solutions from thirty to only few predominant options. Nevertheless, most recent voluntary initiatives do not fully meet Union harmonisation policy objectives, which seek to reduce electronic waste (e-waste), ensure consumer convenience and avoid fragmentation of the market for charging devices.
2022/02/21
Committee: IMCO
Amendment 72 #

2021/0291(COD)

Proposal for a directive
Recital 5 a (new)
(5a) The growing tendency for multi- device ownership along with short lifecycles of some radio equipment and the absence of clear labelling have triggered in recent years a number of problems for consumers as the inability to charge certain devices, inaccessibility to compatible charges, confusion and product safety issues, in particular for end-users affected by disabilities.
2022/02/21
Committee: IMCO
Amendment 77 #

2021/0291(COD)

Proposal for a directive
Recital 6
(6) The interoperability between radio equipment and accessories such as chargers is hampered as there are different charging interfaces for certain categories or classes of 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 clear and easy to understand 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 equipmentradio equipment operating with power delivery of up to or less than 100 watts, as well as the information to be provided to end-users regarding the charging characteristics of those categories or classes ofoncerned radio equipment.
2022/02/21
Committee: IMCO
Amendment 84 #

2021/0291(COD)

Proposal for a directive
Recital 9
(9) It is therefore necessary to harmonise the charging interface and charging communication protocols for specific categories or classes of radio equipment that areradio equipment operating with power delivery of up to or less than 100 watts and recharged via wired charging. It is also necessary to provide the basis for adaption to any future technological progress by introducing aor market development, which shall continuously be monitored by the Commission in close cooperation with Members States and relevant stakeholders. In particular the harmonisation of the charging interfaces and the charging communication protocols should in future be considered 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 reducefollow a thorough impact assessment confirming that wireless charging technology or technology that uses other means than wired charging has stabilised its efficiency and use within the internal market. The future adaption of harmonisation should continue to pursue the objectives of reducing environmental waste, ensureing consumer convenience and avoiding 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.
2022/02/21
Committee: IMCO
Amendment 89 #

2021/0291(COD)

Proposal for a directive
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 on manufacturers, at least for a transitional period, to ensure that end- users are not obligedoffered the option to purchase a new charging device with each purchase of a new mobile phone or similar item of radio equipment without a charging device. Unbundling should in future be converted to default practice provided that the Commission has established, in consultation with the Single Market Enforcement Taskforce and relevant stakeholders, that consumers are supplied with a safe and state-of-the-art common charging solution, which is not financially disadvantageous. A smooth transitioning to mandatory unbundling will foster out-of-box experiences for consumers, leading ultimately to e-waste reduction. 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. A dedicated pictogram, placed in a prominent position on the product, should enable consumers to determine whether or not a charging device is included with the radio equipment before the purchase. The above-mentioned information requirements should be displayed in case of all forms of supply, including distance selling.
2022/02/21
Committee: IMCO
Amendment 102 #

2021/0291(COD)

Proposal for a directive
Recital 13
(13) With respect to charging by means other than wired charging, divergent solutions may be developed in the future, which may have negative impacts on interoperability, consumer convenience and the environment. Whilst it is premature to impose specific requirements on such solutions at this stage, the Commission should be able to take action towards harmonising them in the future,, following a thorough impact assessment, towards harmonising them within five years of entry into force of this Directive if fragmentation on the internal market is observed.
2022/02/21
Committee: IMCO
Amendment 107 #

2021/0291(COD)

Proposal for a directive
Recital 14
(14) Article 3 of Directive 2014/53/EU should be amended in order to cover charging interfaces and charging communication protocols. The categories or classes of radio equipment specifically covered by this new provision should be further detailed in a new annex to Directive 2014/53/EU.
2022/02/21
Committee: IMCO
Amendment 109 #

2021/0291(COD)

Proposal for a directive
Recital 16
(16) Article 10(8) of Directive 2014/53/EU provides for information to be included in the instructions for use and so additional information requirements should be inserted in that Article. The details of the new requirements should be specified in the new annex to Directive 2014/53/EU. Those information requirements wouldCertain elements of information should also be displayed by means of visual and consumer-friendly representation. A dedicated label indicating charging capabilities and compatible chargers will enable consumers to determine the most appropriate external power supply (EPS) needed to charge their radio equipment. It should be possible to adapt thosesuch information requirements in the future in order to reflect any changes to the labelling requirements for EPS, which may be introduced under Directive 2009/125/EC of the European Parliament and of the Council14 . __________________ 14 Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products (OJ L 285, 31.10.2009, p. 10).
2022/02/21
Committee: IMCO
Amendment 113 #

2021/0291(COD)

Proposal for a directive
Recital 18 a (new)
(18a) Despite this Directive not affecting product safety per se but interoperability requirements, the existence of a significant market for counterfeit charging devices raises serious concerns, particularly in regard to online and distance selling. European consumers should be able to safely purchase stand- alone charging devices online, regardless of whether these have been produced in the Union or not. Market surveillance authorities should therefore be ensured the procedural means to enforce newly introduced requirements on charging protocols and interoperability aspects, in particular towards online platforms allowing distance contracts with third- country traders.
2022/02/21
Committee: IMCO
Amendment 116 #

2021/0291(COD)

Proposal for a directive
Recital 19
(19) In order to address any future developments in charging technology and to ensure the minimum common interoperability between radio equipment and the charging devices for such radio equipment, 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 to amend the categories or classes ofpower delivery requirement of concerned radio equipment and the specifications regarding the charging interfaces and charging communication protocols, as well as the details on the information in relation to charging. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Inter- institutional Agreement on Better Law- Making of 13 April 201615 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. __________________ 15 OJ L 123, 12.5.2016, p. 1.
2022/02/21
Committee: IMCO
Amendment 122 #

2021/0291(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Directive 2014/53/EU
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 capabilities set out in that Annex for the relevant category or class of radio equipment.
2022/02/21
Committee: IMCO
Amendment 126 #

2021/0291(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Directive 2014/53/EU
Article 3 – paragraph 4 – subparagraph 2 – introductory part
With respect to radio equipment capable of being recharged via wired charging, the Commission is empowered to adopt delegated acts in accordance with Article 44 to amend Annex Ia in the light of technical progress or market developments, and to ensure the minimum common interoperability between radio equipment and their charging devices, by:
2022/02/21
Committee: IMCO
Amendment 129 #

2021/0291(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Directive 2014/53/EU
Article 3 – paragraph 4 – subparagraph 2 – point a
(a) modifying, adding or removing categories or classes of radio equipment the power delivery requirement of radio equipment falling under the scope of this Directive;
2022/02/21
Committee: IMCO
Amendment 134 #

2021/0291(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Directive 2014/53/EU
Article 3 – paragraph 4 – subparagraph 2 – point b
(b) modifying, adding or removing technical specifications, including references and descriptions, in relation to the charging receptacle(s) and charging communication protocol(s), for each category or class of radio equipment concerned.’
2022/02/21
Committee: IMCO
Amendment 138 #

2021/0291(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Directive 2014/53/EU
Article 3 – paragraph 4 – subparagraph 3 – introductory part
With respect to radio equipment capable of being recharged via means other than wired charging, the Commission is empowered to adopt delegated acts within five years of entry into application of this Directive in accordance with Article 44 in order to amend Annex Ia in the light of technical progress or market developments, and to ensure the minimum common interoperability between radio equipment and their charging devices, by:
2022/02/21
Committee: IMCO
Amendment 156 #

2021/0291(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Economic operators shall provide information whether or not a charging device is included with radio equipment referred to in Article 3(4) when such equipment is made available to consumers and end-users. Such information shall be displayed by means of visual elements and placed in a prominent position, in case of all forms of supply, on the product packaging.
2022/02/21
Committee: IMCO
Amendment 160 #

2021/0291(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive 2014/53/EU
Article 10 – paragraph 8 – subparagraph 3
Radio equipment falling within the scope of Article 3(4) first subparagraph shall also be accompanied by information on specifications relating to charging capabilities and to its charging device, as described in Annex Ia, Part II. In addition to being included in the instructions accompanying the radio equipment, the information shall also be displayed by means of labelling. The label shall be placed in a prominent position, in case of all forms of supply, on the product packaging. The Commission is empowered to adopt delegated acts in accordance with Article 44 in order to amend Annex Ia, Part II, by introducing, modifying, adding or removing any details in relation to that information or the way that such information shall be indicated.;
2022/02/21
Committee: IMCO
Amendment 169 #

2021/0291(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 6 – point a
Directive 2014/53/EU
Article 43 – paragraph 1 – point h
(a) in point (h), the words ‘information on the intended use of radio equipment’ are replaced by the words ‘the information’; is replaced by the following: ‘the information, the EU declaration of conformity or usage restrictions as set out in Article 10(8), (9) and (10) does not accompany the radio equipment or the pictogram set out in Article 3a(2) or the label set out in Article 10(8), third subparagraph, are not displayed’.
2022/02/21
Committee: IMCO
Amendment 185 #

2021/0291(COD)

Proposal for a directive
Annex I
Directive 2014/53/EU
Annex I a – Part 1 – paragraph 1 – introductory part
1. Hand-held mobile phones, tablets, digital cameras, headphones, headsets, handheld videogame consoles and portable speakerRadio equipment falling under the scope of this Directive and operating with power delivery of up to or less than 100 watts, in so far as they are capable of being recharged via wired charging, shall:
2022/02/21
Committee: IMCO
Amendment 190 #

2021/0291(COD)

Proposal for a directive
Annex I
Directive 2014/53/EU
Annex I a – Part 1 – paragraph 1 – point b
(b) be capable, in the case of charging power lower than 6100 watts, of being charged with cables which comply with the standard EN IEC 62680-1-3:2021 ‘Universal serial bus interfaces for data and power - Part 1-3: Common components - USB Type-CTM Cable and Connector Specification’.
2022/02/21
Committee: IMCO
Amendment 194 #

2021/0291(COD)

Proposal for a directive
Annex I
Directive 2014/53/EU
Annex I a – Part I – paragraph 2 – introductory part
2. Hand-held mobile phones, tablets, digital cameras, headphones, headsets, handheld videogame consoles and portable speakerRadio equipment falling under the scope of this Directive and operating with power delivery of up to or less than 100 watts, 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:
2022/02/21
Committee: IMCO
Amendment 194 #

2021/0223(COD)

Proposal for a regulation
Recital 5
(5) Therefore all modes of transport should be addressed in one instrument which should take into account a variety of alternative fuels. The use of zero-emission powertrain technologies is at different stages of maturity in the different modes of transport. In particular, in the road sector, due to a one-sided funding policy and a rejection of technological neutrality a rapid uptake of battery-electric and plug-in hybrid vehicles is taking place. Hydrogen fuel-cell road vehicles are available to markets, as well. In addition, smaller hydrogen and battery electric vessels and hydrogen fuel-cell trains are currently being deployed in different projects and in first commercial operations, with full commercial roll out expected in the next years. In contrast, the aviation and waterborne sectors continue to be dependent on liquid and gaseous fuels, as zero- and low-emission powertrain solutions are expected to enter the market only around 2030 and in particular for the aviation sector even later, with full commercialisation taking its time. The use of fossil gaseous or liquid fuels is only possible if it is clearly embedded into a clear decarbonisation pathway that is in line with the long-term objective of climate neutrality in the Union, requiring increasing blending with or replacement by renewable fuels such as bio-methane, advanced biofuels or renewable and low- carbon synthetic gaseous and liquid fuels.
2022/02/07
Committee: ITRE
Amendment 206 #

2021/0223(COD)

Proposal for a regulation
Recital 8 a (new)
(8 a) For vehicles running on biofuels and synthetic fuels, the establishment of a refuelling infrastructure is not necessary, as the existing network of gas stations can be used without significant adaptations. In order to keep costs low for public authorities, the private sector and the end user, preference should be given to this technology whenever possible;
2022/02/07
Committee: ITRE
Amendment 207 #

2021/0223(COD)

Proposal for a regulation
Recital 9
(9) The deployment of publicly accessible recharging infrastructure for light-duty electric vehicles has been uneven across the Union. Continued uneven distribution would jeopardize the uThe politically enforced acceptaknce of such vehicles, limiting jeopardises connectivity across the Union. Continuing divergence in policy ambitions and approaches at national level, to the exclusion of economic efficiency and general market considerations, will not create the long-term certainty needed for substantive market investment. Mandatory minimum targets for Member States at national level should therefore provide policy orientations and complement National Policy Frameworks. That approach should combine national fleet based targets with distance-based targets for the trans-European network for transport (TEN-T). National fleet based targets should ensure that vehicle uptake in each Member State is matched with the deployment of sufficient publicly accessible recharging infrastructure. Distance-based targets for the TEN-T network should ensure full coverage of electric recharging points along the Union’s main road networks and thereby ensure easy and seamless travel throughout the Unionare a disproportionate violation of the subsidiarity principle.
2022/02/07
Committee: ITRE
Amendment 219 #

2021/0223(COD)

Proposal for a regulation
Recital 10
(10) National fleet based targets should be established on the basis of the total number of registered electric vehicles in that Member State following a common methodology that accounts for technological developments such as the increased driving range of electric vehicles or the increasing market penetration of fast-charging points which can recharge a greater number of vehicles per recharging point than at a normal recharging point. The methodology also has to take into account the different recharging patterns of battery electric, especially with regard to the durability of the installed rechargeable batteries, and plug-in hybrid vehicles. A methodology that norms national fleet based targets on the total maximum power output of the publicly accessible recharging infrastructure should allow flexibility for the implementation of different recharging technologies in Member States.
2022/02/07
Committee: ITRE
Amendment 226 #

2021/0223(COD)

Proposal for a regulation
Recital 13
(13) Electric heavy-duty vehicles need a distinctively different recharging infrastructure than light-duty vehicles. Public accessible infrastructure for electric heavy-duty vehicles is however currently almost nowhere available in the Union. A combined approach of distance-based targets along the TEN-T network, targets for overnight recharging infrastructure and targets at urban nodes should ensure that a sufficient publicly accessible infrastructure coverage for electric heavy-duty vehicles is established throughout the Union to support the expected market uptake of batteryinfluences the establishment of heavy electric vehicles in a plan-based manner by building a publicly accessible infrastructure coverage for electric heavy-duty vehicles.;
2022/02/07
Committee: ITRE
Amendment 227 #

2021/0223(COD)

Proposal for a regulation
Recital 14
(14) A sufficient number of publicly accessible fast recharging points dedicated to heavy-duty vehicles should also be deployed along the TEN-T network to ensure full connectivity throughout the Union. That infrastructure should have sufficient power output to allow the recharge of the vehicle within the driver’s legal break time. In addition to fast recharging points along the network, heavy-duty vehicles should also be able to use publicly accessible recharging infrastructure for overnight recharging along the main transport network to specifically support the electrification of the long haul sector.deleted
2022/02/07
Committee: ITRE
Amendment 231 #

2021/0223(COD)

Proposal for a regulation
Recital 20
(20) Smart metering systems as defined in Directive (EU) 2019/944 of the European Parliament and of the Council52 enable real-time data to be produced, which is needed to ensure the stability of the grid and to encourage rational use of recharging services. By providing energy metering in real time and accurate and transparent information on the cost, they encourage, in combination with smart recharging points, recharging at times of low general electricity demand and low energy prices. The use of smart metering systems in combination with smart recharging points can optimise recharging, with benefits for the electricity system and for the end user. Member States should encourage the use of smart metering system for the recharging of electric vehicles at publicly accessible recharging stations, where technically feasible and economically reasonable, and ensure that these systems comply with the requirements laid down in Article 20 of Directive (EU) 2019/444. Personal and vehicle-related data of the end user are not collected and stored at any time. _________________ 52Directive (EU) 2019/944 of the European Parliament and of the Council of 5 June 2019 on common rules for the internal market for electricity and amending Directive 2012/27/EU (OJ L 158, 14.6.2019, p. 125).
2022/02/07
Committee: ITRE
Amendment 234 #

2021/0223(COD)

Proposal for a regulation
Recital 21
(21) The increasing number of electric vehicles in road, rail, maritime and other transport modes will require that recharging operations are optimised and managed in a way that does not causeavoids congestion and takes full advantage of the availability of renewable electricityaverts the threats to the availability and security of supply of electricity from renewable sources and low electricity prices in the systemgrid. Smart recharging in particular can facilitate the integration of electric vehicles into the electricity system further as it enables demand response through aggregation and through price based demand response. System integration can further be facilitated through bi- directional recharging (vehicle-to-grid). All normal recharging points at which vehicles are typically parked for a longer period should therefore support smart recharging.
2022/02/07
Committee: ITRE
Amendment 244 #

2021/0223(COD)

Proposal for a regulation
Recital 28
(28) At the early stage of market deployment there is still a degree of uncertainty with regard to the kind of vehicles that will come into the market and, to the kind of technologies that are going to be widely used and to whether the end user accepts another propulsion system. As outlined in the Commission’s communication ‘A hydrogen strategy for a climate-neutral Europe’56 the heavy-duty segment was identified as the most likely segment for the early mass deployment of hydrogen vehicles. Therefore, hydrogen refuelling infrastructure should preliminarily focus on that segment while also allowing light-duty vehicles to fuel at publicly accessible hydrogen refuelling stations. To ensure interoperability, all publicly accessible hydrogen stations should at least serve gaseous hydrogen at 700 bar. The infrastructure roll out should also take into account the emergence of new technologies, such as liquid hydrogen, that allow a larger range for heavy-duty vehicles and are the preferred technology choice of some vehicle manufacturers. To that end, a minimum number of hydrogen refuelling stations should serve also liquid hydrogen in addition to gaseous hydrogen at 700 bar. _________________ 56 COM(2020) 301 final
2022/02/07
Committee: ITRE
Amendment 268 #

2021/0223(COD)

Proposal for a regulation
Recital 37
(37) In accordance with Article 3 of Directive 2014/94/EU, Member States have established national policy frameworks outlining their plans and objectives to ensure that those objectives would be met. Both the assessment of the national policy framework and the evaluation of Directive 2014/94/EU have highlighted the need for higher ambition and a better coordinated approach across Member States in view of the expected acceleration in the uptake of alternative fuel vehicles, in particular of electric vehicles. Furthermore, alternatives to fossil fuel will be needed in all transport modes to meet the ambitions of the European Green Deal. The existing National Policy Frameworks should be revised to clearly describe how the much greater need for publicly accessible recharging and refuelling infrastructure as expressed in the mandatory targets is going to be met by the Member States. The revised frameworks should equally address all transport modes including those for which no mandatory deployment targets exists.
2022/02/07
Committee: ITRE
Amendment 33 #

2021/0218(COD)

Proposal for a directive
Recital 1
(1) The European Green Deal5 establishes the objective of the Union becoming climate neutral in 2050 in a manner that contributes to the European economy, growth and job creation. That objective, and the objective of a 55% reduction in greenhouse gas emissions by 2030 as set out in the 2030 Climate Target Plan6 that was endorsed both by the European Parliament7 and by the European Council8 , requires an cross-border and highly challenging energy transition and significantly higher shares of renewable energy sources in an integrated energy system and network. _________________ 5 Communication from the Commission COM(2019) 640 final of 11.12.2019, The European Green Deal. 6 Communication from the Commission COM(2020) 562 final of 17.9.2020, Stepping up Europe’s 2030 climate ambition Investing in a climate-neutral future for the benefit of our people 7 European Parliament resolution of 15 January 2020 on the European Green Deal (2019/2956(RSP)) 8 European Council conclusions of 11 December 2020, https://www.consilium.europa.eu/media/47 296/1011-12-20-euco-conclusions-en.pdf
2022/05/04
Committee: PETI
Amendment 59 #

2021/0218(COD)

Proposal for a directive
Recital 4
(4) There is a growing recognition of the need for alignment of bioenergy policies with the cascading principle of biomass use11 , with a view to ensuring fair access to the biomass raw material market for the development of innovative, high value-added bio-based solutions and a sustainable circular bioeconomy. When developing support schemes for bioenergy, Member States should therefore take into consideration the available sustainable supply of biomass for energy and non- energy uses and the maintenance of the national forest carbon sinks and ecosystems as well as the principles of the circular economy and the biomass cascading use, and the waste hierarchy established in Directive 2008/98/ECof the European Parliament and of the Council12 . For this, they should grant no support to the production of energy from saw logs, veener logs, stumps and roots and avoid promoting the use of quality roundwood for energy except in well-defined circumstances. In line with the cascading principle, woody biomass should be used according to its highest economic and environmental added value in the following order of priorities: 1) wood-based products, 2) extending their service life, 3) re-use, 4) recycling, 5) bio-energy and 6) disposal. Where no other use for woody biomass is economically viable or environmentally appropriate, energy recovery helps to reduce energy generation from non- renewable sources. Member States’ support schemes for bioenergy should therefore be directed to such feedstocks for which little market competition exists with the material sectors, and whose sourcing is considered positive for both climate and biodiversity, in order to avoid negative incentives for unsustainable bioenergy pathways, as identified in the JRC report ‘The use of woody biomass for energy production in the EU’13 . On the other hand, in defining the further implications of the cascading principle, it is necessary to recognise the national specificities which guide Member States in the design of their support schemes. Waste prevention, reuse and recycling of waste should be the priority option. In this sense, more efforts are needed in areas where the recycling system is weak or not enough developed for many different reasons. Member States should avoid creating support schemes which would be counter to targets on treatment of waste and which would lead to the inefficient use of recyclable waste. Moreover, in order to ensure a more efficient use of bioenergy, from 2026 on Member States should not give support anymore to electricity-only plants , unless the installations are in regions with a specific use status as regards their transition away from fossil fuels or if the installations use carbon capture and storage. _________________ 11 The cascading principle aims to achieve resource efficiency of biomass use through prioritising biomass material use to energy use wherever possible, increasing thus the amount of biomass available within the system. In line with the cascading principle, woody biomass should be used according to its highest economic and environmental added value in the following order of priorities: 1) wood-based products, 2) extending their service life, 3) re-use, 4) recycling, 5) bio-energy and 6) disposal. 12 Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3). 13 https://publications.jrc.ec.europa.eu/reposit ory/handle/JRC122719
2022/05/04
Committee: PETI
Amendment 64 #

2021/0218(COD)

Proposal for a directive
Recital 5
(5) The rapid growth and increasing cost-competitiveness of renewable electricity production can be used to satisfy a growing share of energy demand, for instance using heat pumps for space heating or low-temperature industrial processes, electric vehicles for transport, or electric furnaces in certain industries. Renewable electricity can also be used to produce synthetic fuels for consumption in hard-to-decarbonise transport sectors such as aviation and maritime transport. A framework for electrification needs to enable robust and efficient coordination and expand market mechanisms to match both supply and demand in space and time, stimulate investments in flexibility, and help integrate large shares of variable renewable generation. Member States should therefore ensure that the deployment of renewable electricity continues to increase at an adequate pace to meet growing demand. For this, Member States should establish a framework that includes market-compatible mechanisms to tackle remaining barriers to have secure and adequate electricity systems fit for a high level of renewable energy, as well as storage facilities, fully integrated into the electricity system. In particular, this framework shall tackle remaining barriers, including non-financial ones such as insufficient digital and human resources of authorities to process a growing number of permitting applications. Finally, Member States should consider that having a secure, adequate and fully integrated renewable electricity system must comply with the target of becoming energetically independent from third countries.
2022/05/04
Committee: PETI
Amendment 74 #

2021/0218(COD)

Proposal for a directive
Recital 8
(8) The Offshore Renewable Energy Strategy introduces an ambitious objective of 300 GW of offshore wind and 40 GW of ocean energy across all the Union’s sea basins by 2050. To ensure this step change, Member States will need to work together across borders at sea-basin level. Member States should therefore jointly define the amount of offshore renewable generation to be deployed within each sea basin by 2050, with intermediate steps in 2030 and 2040. These objectives should be reflected in the updated national energy and climate plans that will be submitted in 2023 and 2024 pursuant to Regulation (EU) 2018/1999. In defining the amount, Member States should take into account the offshore renewable energy potential of each sea basin, environmental protection, climate adaptation and other uses of the sea, as well as the Union’s decarbonisation targets. In addition, Member States should increasingly consider the possibility of combining offshore renewable energy generation with transmission lines interconnecting several Member States, in the form of hybrid projects or, at a later stage, a more meshed grid. This would allow electricity to flow in different directions, thus maximising socio- economic welfare, optimising infrastructure expenditure and enabling a more sustainable usage of the sea. by preserving its ecosystem.
2022/05/04
Committee: PETI
Amendment 86 #

2021/0218(COD)

Proposal for a directive
Recital 12
(12) Insufficient numbers of skilled workers, in particular installers and designers of renewable heating and cooling systems, slow down the replacement of fossil fuel heating systems by renewable energy based systems and is a major barrier to integrating renewables in buildings, industry and agriculture. Member States should cooperate with social partners and renewable energy communities to anticipate the skills that will be needed. A sufficient number of high-quality training programmes and certification possibilities ensuring proper installation and reliable operation of a wide range of renewable heating and cooling systems should be made available and designed in a way to attract participation in such training programmes and certification systems. Member States should consider what actions should be taken to attract groups currently under-represented in the occupational areas in question. In particular, Member States should ensure that the access to training programmes and certification systems is not hindered by an excess of bureaucracy or a lack of coordination between the federal level and the local authorities. The list of trained and certified installers should be made public to ensure consumer trust and easy access to tailored designer and installer skills guaranteeing proper installation and operation of renewable heating and cooling.
2022/05/04
Committee: PETI
Amendment 91 #

2021/0218(COD)

Proposal for a directive
Recital 15
(15) With more than 30 million electric vehicles expected in the Union by 2030 it is necessary to ensure that they can fully contribute to the system integration of renewable electricity, and thus allow reaching higher shares of renewable electricity in a cost-optimal manner. The potential of electric vehicles to absorb renewable electricity at times when it is abundant and feed it back into a grid when there is scarcity has to be fully utilised. It is therefore appropriate to introduce specific measures on electric vehicles and information about renewable energy and how and when to access it which complement those in Directive (EU) 2014/94 of the European Parliament and of the Council16 and the [proposed Regulation concerning batteries and waste batteries, repealing Directive 2006/66/EC and amending Regulation (EU) No 2019/1020]. Moreover, it is of utmost importance to ensure that the system integration of renewable electricity responds to the target of energetic autonomy of the European Union. _________________ 16 Directive 2014/94/EU of the European Parliament and of the Council of 22 October 2014 on the deployment of alternative fuels infrastructure (OJ L 307, 28.10.2014, p. 1)
2022/05/04
Committee: PETI
Amendment 107 #

2021/0214(COD)

Proposal for a regulation
Recital 10
(10) Existing mechanisms to address the risk of carbon leakage in sectors or sub- sectors at risk of carbon leakage are the transitional free allocation of EU ETS allowances and financial measures to compensate for indirect emission costs incurred from GHG emission costs passed on in electricity prices respectively laid down in Articles 10a(6) and 10b of Directive 2003/87/EC. However, free allocation under the EU ETS weakens the price signal that the system provides for the installations receiving it compared to full auctioning and thus affects the incentives for investment into further abatement of emissions.
2022/02/08
Committee: ITRE
Amendment 213 #

2021/0214(COD)

Proposal for a regulation
Recital 34
(34) However, aluminium products should be included in the CBAM as they are highly exposed to carbon leakage. Moreover, in several industrial applications they are in direct competition with steel products because of characteristics closely resembling those of steel products. Inclusion of aluminium is also relevant as the scope of the CBAM may be extended to cover also indirect emissions in the future. However, including indirect emissions and pricing them in the CBAM could be considered only once the mismatch between indirect carbon costs and indirect carbon emissions has been reduced to a minimum. If after the initial transitional period, the data collected by the Commission shows that the CBAM cannot effectively protect against carbon leakage and incentivise the reduction of global emissions, further phase-in of CBAM and phase-out of free allocation of emission allowances should be paused until an effective solution can be found.
2022/02/08
Committee: ITRE
Amendment 218 #

2021/0214(COD)

Proposal for a regulation
Recital 35 a (new)
(35 a) In case European industries producing goods subject to the CBAM face serious difficulties as a result of its implementation, an in-depth assessment developed in close cooperation with the industrial sectors should be made as promptly as possible to examine whether a CBAM is effective and practicable.
2022/02/08
Committee: ITRE
Amendment 219 #

2021/0214(COD)

Proposal for a regulation
Recital 36 a (new)
(36 a) Before widening the scope of the CBAM to new sectors, including downstream products using goods covered by the CBAM, a prior assessment should be made by the European Commission in consultation with the industrial sectors in order to check its practicability and effectiveness.
2022/02/08
Committee: ITRE
Amendment 41 #

2021/0211(COD)

Proposal for a directive
Recital 13
(13) Greenhouse gases that are not directly released into the atmosphere should be considered emissions under the EU ETS and allowances should be surrendered for those emissions unless they are captured and reused for example to produce recycled carbon fuels and renewables liquid and gaseous fuels of non-biological origin , stored in a storage site in accordance with Directive 2009/31/EC of the European Parliament and of the Council46 , or they are permanently chemically bound in a product so that they do not enter the atmosphere under normal use. The Commission should be empowered to adopt implementing acts specifying the conditions where greenhouse gases are to be considered as permanently chemically bound in a product so that they do not enter the atmosphere under normal use, including obtaining a carbon removal certificate, where appropriate, in view of regulatory developments with regard to the certification of carbon removals. _________________ 46Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide and amending Council Directive 85/337/EEC, European Parliament and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No 1013/2006 (OJ L 140, 5.6.2009, p. 114).
2022/02/04
Committee: ITRE
Amendment 54 #

2021/0211(COD)

Proposal for a directive
Recital 17
(17) In the European Green Deal, the Commission stated its intention to take additional measures to address greenhouse gas emissions from the maritime transport sector through a basket of measures to enable the Union to reach its emissions reduction targets. In this context, Directive 2003/87/EC should be amended to include the maritime transport sector in the EU ETS in order to ensure this sector contributes to the increased climate objectives of the Union as well as to the objectives of the Paris Agreement, which requires developed countries to take the lead by undertaking economy-wide emission reduction targets, while developing countries are encouraged to move over time towards economy-wide emission reduction or limitation targets.49 Considering that emissions from international aviation outside Europe should be capped from January 2021 by global market-based action while there is no action in place that caps or prices maritime transport emissions, it is appropriate that the EU ETS covers a share of the emissions from voyages between a port under the jurisdiction of a Member State and port under the jurisdiction of a third country, with the third country being able to decide on appropriate action in respect of the other share of emissions. The extension of the EU ETS to the maritime transport sector should thus include half of the emissions from ships performing voyages arriving at a port under the jurisdiction of a Member State from a port outside the jurisdiction of a Member State, half of the emissions from ships performing voyages departing from a port under the jurisdiction of a Member State and arriving at a port outside the jurisdiction of a Member State, emissions from ships performing voyages arriving at a port under the jurisdiction of a Member State from a port under the jurisdiction of a Member State, and emissions at berth in a port under the jurisdiction of a Member State. This approach has been noted as a practical way to solve the issue of Common but Differentiated Responsibilities and Capabilities, which has been a longstanding challenge in the UNFCCC context. The coverage of a share of the emissions from both incoming and outgoing voyages between the Union and third countries ensures the effectiveness of the EU ETS, notably by increasing the environmental impact of the measure compared to a geographical scope limited to voyages within the EU, while limiting the risk of evasive port calls and the risk of delocalisation of transhipment activities outside the Union. To ensure a smooth inclusion of the sector in the EU ETS, the surrendering of allowances by shipping companies should be gradually increased with respect to verified emissions reported for the period 2023 to 2025. To protect the environmental integrity of the system, to the extent that fewer allowances are surrendered in respect of verified emissions for maritime transport during those years, once the difference between verified emissions and allowances surrendered has been established each year, a corresponding a number of allowances should be cancelled. As from 2026, shipping companies should surrender the number of allowances corresponding to all of their verified emissions reported in the preceding year. However, measures should be taken to ensure that the extension of the ETS to maritime transport affects Member States in a fair and not disproportionate manner, taking into account their specific circumstances. _________________ 49 Paris Agreement, Article 4(4). 49
2022/02/04
Committee: ITRE
Amendment 75 #

2021/0211(COD)

Proposal for a directive
Recital 29
(29) Further incentives to reduce greenhouse gas emissions by using cost- efficient techniques should be provided. To that end, the free allocation of emission allowances to stationary installations from 2026 onwards should be conditional on investments in techniques to increase energy efficiency and reduce emissions. Ensuring that this is focused on larger energy users would result in a substantial reduction in burden for businesses with lower energy use, which may be owned by small and medium sized enterprises or micro- enterprises. [Reference to be confirmed with the revised EED]. The relevant delegated acts should be adjusted accordingly.deleted
2022/02/04
Committee: ITRE
Amendment 85 #

2021/0211(COD)

Proposal for a directive
Recital 30
(30) The Carbon Border Adjustment Mechanism (CBAM), established under Regulation (EU) […./..] of the European Parliament and of the Council51 , is an alternative to free allocation to address the risk of carbon leakage. To the extent that sectors and subsectors are covered by that measure, they should not receive free allocation. However, a transitional phasing-out of free allowances is needed to allow producers, importers and traders to adjust to the new regime. The reduction of free allocation should be implemented by applying a factor to free allocation for CBAM sectors, while the CBAM is phased in. Sufficient safeguards should nevertheless be provided for the products intended for exports and their producers. This percentage (CBAM factor) should be equal to 100 % during the transitional period between the entry into force of [CBAM Regulation] and 2025, 90 % in 2026 and should be reduced by 10 percentage points each year to reach 0 % and thereby eliminate free allocation by the tenth year. The relevant delegated acts on free allocation should be adjusted accordingly for the sectors and subsectors covered by the CBAM, taking into account the need to maintain free allowances for the products that are exported. The free allocation no longer provided to the CBAM sectors based on this calculation (CBAM demand) must be auctioned and the revenues will accrue to the Innovation Fund, so as to support innovation in low carbon technologies, carbon capture and utilisation (‘CCU’), carbon capture and geological storage (‘CCS’), renewable energy and energy storage, in a way that contributes to mitigating climate change. Special attention should be given to projects in CBAM sectors. To respect the proportion of the free allocation available for the non- CBAM sectors, the final amount to deduct from the free allocation and to be auctioned should be calculated based on the proportion that the CBAM demand represents in respect of the free allocation needs of all sectors receiving free allocation. _________________ 51 [please insert full OJ reference]
2022/02/04
Committee: ITRE
Amendment 95 #

2021/0211(COD)

Proposal for a directive
Recital 31
(31) In order to better reflect technological progress and adjust the corresponding benchmark values to the relevant period of allocation while ensuring emission reduction incentives and properly rewarding innovation, the maximum adjustment of the benchmark values should be increased from 1,6 % to 2,5 % per year. For the period from 2026 to 2030, the benchmark values should thus be adjusted within a range of 4 % to 50 % compared to the value applicable in the period from 2013 to 2020.deleted
2022/02/04
Committee: ITRE
Amendment 100 #

2021/0211(COD)

Proposal for a directive
Recital 31 a (new)
(31a) In order to reflect the actual technological progress within installations included in product benchmarks with consideration of fuel and electricity exchange ability in Commission Implementing Regulation (EU) 2021/447 and where the share of indirect emissions is higher than 50% of the relevant product benchmarks, the update of such benchmarks for the periods as of 2026 shall not be affected by the evolution of the carbon intensity of the electricity mix.
2022/02/04
Committee: ITRE
Amendment 102 #

2021/0211(COD)

Proposal for a directive
Recital 32
(32) A comprehensive approach to innovation is essential for achieving the European Green Deal objectives. At EU level, the necessary research and innovation efforts are supported, among others, through Horizon Europe which include significant funding and new instruments for the sectors coming under the ETS. Consequently, the Innovation Fund should seek synergies with Horizon Europe and, where relevant, with other Union funding programmes. Member States should ensure that the national transposition provisions do not hamper innovations and are technologically neutral.
2022/02/04
Committee: ITRE
Amendment 111 #

2021/0211(COD)

Proposal for a directive
Recital 33
(33) The scope of the Innovation Fund referred to in Article 10a(8) of Directive 2003/87/EC should be extended to support innovation in and demonstration of low- carbon technologies and processes that concern the consumption of fuels in the sectors of buildings and road transport. In addition, the Innovation Fund should serve to support investments to decarbonise the maritime transport sector, including investments in sustainable alternative fuels, such as hydrogen and ammonia and synthetic fuels that are produced from renewables, as well as zero-emission propulsion technologies like wind technologies. Considering that revenues generated from penalties raised in Regulation xxxx/xxxx [FuelEU Maritime]52 are allocated to the Innovation Fund as external assigned revenue in accordance with Article 21(5) of the Financial Regulation, the Commission should ensure that due consideration is given to support for innovative projects aimed at accelerating the development and deployment of renewable and low carbon fuels in the maritime sector, as specified in Article 21(1) of Regulation xxxx/xxxx [FuelEU Maritime]. To ensure sufficient funding is available for innovation within this extended scope, the Innovation Fund should be supplemented with 50 million allowances, stemming partly from the allowances that could otherwise be auctioned, and partly from the allowances that could otherwise be allocated for free, in accordance with the current proportion of funding provided from each source to the Innovation Fund. _________________ 52[add ref to the FuelEU Maritime Regulation].
2022/02/04
Committee: ITRE
Amendment 127 #

2021/0211(COD)

Proposal for a directive
Recital 40
(40) Renewable liquid and gaseous fuels of non-biological origin and recycled carbon fuels can be important to reduce greenhouse gas emissions in sectors that are hard to decarbonise. Where recycled carbon fuels and renewable liquid and gaseous fuels of non-biological origin are produced from captured carbon dioxide under an activity covered by this Directive, the emissions should be accounted under that activity where the CO2 is emitted into the atmosphere. To ensure that renewable fuels of non-biological origin and recycled carbon fuels contribute to greenhouse gas emission reductions and to avoid double counting for fuels that do so, it is appropriate to explicitly extend the empowerment in Article 14(1) to the adoption by the Commission of implementing acts laying down the necessary adjustments for how and where to account for the eventual release of carbon dioxide and how to avoid double counting to ensure appropriate incentives are in place for capturing the CO2, taking also into account the treatment of these fuels under Directive (EU) 2018/2001.
2022/02/04
Committee: ITRE
Amendment 130 #

2021/0211(COD)

Proposal for a directive
Recital 42
(42) The exclusion of installations using exclusively biomass from the EU ETS has led to situations where installations combusting a high share of biomass have obtained windfall profits by receiving free allowances greatly exceeding actual emissions. Therefore, a threshold value for zero-rated biomass combustion should be introduced above which installations are excluded from the EU ETS. The threshold value of 95 % is in line with the uncertainty parameter set out in Article 2(16) of Commission Delegated Regulation (EU) 2019/33156 . _________________ 56Commission Delegated Regulation (EU) 2019/331 of 19 December 2018 determining transitional Union-wide rules for harmonised free allocation of emission allowances pursuant to Article 10a of Directive 2003/87/EC of the European Parliament and of the Council (OJ L 59, 27.2.2019, p. 8).deleted
2022/02/04
Committee: ITRE
Amendment 155 #

2021/0211(COD)

Proposal for a directive
Recital 54
(54) Innovation and development as well as demonstration and up-scaling of new low-carbon technologies in the sectors of buildings and road transport are crucial for ensuring the cost-efficient contribution of these sectors to the expected emission reductions. Therefore, 150 million allowances from emissions trading in the buildings and road transport sectors should also be made available to the Innovation Fund to stimulate the cost-efficient emission reductions.
2022/02/04
Committee: ITRE
Amendment 181 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Directive 2003/87/EC
Annex I
(b) ‘emissions’ means the release into the atmosphere of greenhouse gases from sources in an installation or the release into the atmosphere from an aircraft performing an aviation activity listed in Annex I or from ships performing a maritime transport activity listed in Annex I of the gases specified in respect of that activity, or the release of greenhouse gases corresponding to the activity referred to in Annex III;;
2022/02/04
Committee: ITRE
Amendment 262 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point a – point ii
Directive 2003/87/EC
Article 10 – paragraph 1 – subparagraph 3
In order to provide further incentives for reducing greenhouse gas emissions and improving energy efficiency, the determined Union- wide ex-ante benchmarks shall be reviewedsubjected to an extensive and comprehensive assessment by the European Commission to evaluate the need to review them before the period from 2026 to 2030 in view of potentially modifying the definitions and system boundaries of existing product benchmarks.
2022/02/08
Committee: ITRE
Amendment 266 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point b – introductory part
Directive 2003/87/EC
Article 10 a – paragraph 1 a – new
(b) the following paragraph 1a is inserted: Free allocation at benchmark level shall be given in relation to the production of products listed in Annex I of Regulation [CBAM] until the full effectiveness of the CBAM in tackling the carbon leakage risk both on the EU market and on export markets is assessed and positively verified. To this purpose, in 2029 the Commission shall present to the European Parliament and the Council a report pursuant to Regulation [CBAM] regarding the effectiveness of the CBAM. The report shall also include the selected option to address the carbon leakage risk on export markets. The report by the Commission shall be accompanied by a legislative proposal to amend this article in view of gradually phasing out free allocation after 2030 proportionally to the proven level of effectiveness of the CBAM. Allowances resulting from the reduction of free allocation shall be made available to support innovation in relation to the production of products listed in Annex I of Regulation [CBAM] in accordance with Article 10a(8).
2022/02/08
Committee: ITRE
Amendment 267 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point b
Directive 2003/87/EC
Article 10 a – paragraph 1 a – new
1a. No free allocation shall be given in relation to the production of products listed in Annex I of Regulation [CBAM] as from the date of application of the Carbon Border Adjustment Mechanism. By way of derogation from the previous subparagraph, for the first years of operation of Regulation [CBAM], the production of these products shall benefit from free allocation in reduced amounts. A factor reducing the free allocation for the production of these products shall be applied (CBAM factor). The CBAM factor shall be equal to 100 % for the period during the entry into force of [CBAM regulation] and the end of 2025, 90 % in 2026 and shall be reduced by 10 percentage points each year to reach 0 % by the tenth year. The reduction of free allocation shall be calculated annually as the average share of the demand for free allocation for the production of products listed in Annex I of Regulation [CBAM] compared to the calculated total free allocation demand for all installations, for the relevant period referred to in Article 11, paragraph 1. The CBAM factor shall be applied. Allowances resulting from the reduction of free allocation shall be made available to support innovation in accordance with Article 10a(8).;deleted
2022/02/08
Committee: ITRE
Amendment 292 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point c – point i
Directive 2003/87/EC
Article 10 a – paragraph 2 – subparagraph 3 – point c
(c) For the period from 2026 to 2030, the benchmark values shall be determined in the samIn order to provide further incentives for reducing greenhouse gas emissions in the steel industry, the manner as set out in points (a) and (d) on the basis of information submitted pursuant to Article 11 for the years 2021 and 2022 and on the basis of applying the annual reduction rate in respect of each year between 2008 and 2028ual reduction rate of the product benchmark hot metal calculated pursuant to the previous sub-paragraph shall not be affected by the modification of benchmark definitions and system boundaries pursuant to the fifth sub-paragraph of article 10a1 when the calculation of such rate is influenced by installations that were operational in the period referred to the first sub-paragraph of article 10a2.
2022/02/08
Committee: ITRE
Amendment 298 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point c – point ii
Directive 2003/87/EC
Article 10 a – paragraph 2 – third paragraph – point d
(d) Where the annual reduction rate exceeds 2,5 % or is below 0,2 %, the benchmark values for the period from 2026 to 2030 shall be the benchmark values applicable in the period from 2013 to 2020 reduced by whichever of those two percentage rates is relevant, in respect of each year between 2008 and 2028. By way of derogation from the previous point, the maximum annual reduction rate of the fuel and heat fallback benchmarks shall remain at 1.6%.
2022/02/08
Committee: ITRE
Amendment 311 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point e
Directive 2003/87/EC
Article 10 a – paragraph 6 – subparagraph 1
Member States shouldall adopt financial measures in accordance with the second and fourth subparagraphs in favour of sectors or subsectors which are exposed to a genuine risk of carbon leakage due to significant indirect costs that are actually incurred from greenhouse gas emission costs passed on in electricity prices, provided that such financial measures are in accordance with State aid rules, and in particular do not cause undue distortions of competition in the internal market. The financial measures adopted should not compensate indirect costs covered by free allocation in accordance with the benchmarks established pursuant to paragraph 1. Where a Member State spends an amount higher than the equivalent of 25 % of their auction revenues of the year in which the indirect costs were incurred, it shall set out the reasons for exceeding that amount.
2022/02/08
Committee: ITRE
Amendment 339 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/EC
Article 10 a – paragraph 8 – subparagraph 6
Projects shall be selected on the basis of objective and transparent criteria and on a technology-neutral basis, taking into account, where relevant, the extent to which projects contribute to achieving emission reductions well below the benchmarks referred to in paragraph 2. Projects shall have the potential for widespread application or to significantly lower the costs of transitioning towards a low-carbon economy in the sectors concerned. Projects involving CCU shall deliver a net reduction in emissions and ensure avoidance or permanent storage of CO2. In the case of grants provided through calls for proposals, up to 60 % of the relevant costs of projects may be supported, out of which up to 40 % need not be dependent on verified avoidance of greenhouse gas emissions, provided that pre-determined milestones, taking into account the technology deployed, are attained. In the case of support provided through competitive bidding and in the case of technical assistance support, up to 100 % of the relevant costs of projects may be supported.
2022/02/08
Committee: ITRE
Amendment 343 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g Directive 2003/87/EC
The calls for proposal shall be open and transparent and clearly set out what kinds of technologies can be supported. The Commission shall take measures to ensure that the calls are communicated as widely as possible, and especially to SMEs.
2022/02/08
Committee: ITRE
Amendment 344 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/EC
Article 10 a – paragraph 8 – subparagraph 7 a
The Innovation Fund shall, where appropriate, ensure that there are effective synergies with other relevant Union funding instruments, such as Horizon Europe, and in particular with European partnerships.
2022/02/08
Committee: ITRE
Amendment 346 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 a (new)
Directive 2003/87/EC
Article 1 – paragraph 1 – point 12 a (new)
(12a) In order to avoid an adjustment of free allocation as of Article 10a (5), in addition to the flexibility provided in paragraph 5a, allowances in the market stability reserve shall be used corresponding to an amount of up to 5% of the total quantity of allowances.
2022/02/08
Committee: ITRE
Amendment 353 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 14 – point a
Directive 2003/87/EC
Article 10 d – paragraph 1– subparagraph 1
1. A fund to support investments proposed by the beneficiary Member States, including the financing of small- scale investment projects, including in regions and municipalities, to modernise energy systems and improve energy efficiency shall be established for the period from 2021 to 2030 (the ‘Modernisation Fund’). The Modernisation Fund shall be financed through the auctioning of allowances as set out in Article 10, for the beneficiary Member States set out therein.
2022/02/08
Committee: ITRE
Amendment 392 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 15 – point e
Directive 2003/87/EC
Article 12 – paragraph 3 b – subparagraph 1
3b. An obligation to surrender allowances shall not arise in respect of emissions of greenhouse gases which are considered to have been captured and utilised to become permanently chemically bound in a product so that they do not enter the atmosphere under normal use, and in respect of greenhouse gases that are captured and used to produce recycled carbon fuels and renewable liquid and gaseous fuels of non-biological origin.
2022/02/08
Committee: ITRE
Amendment 447 #

2021/0211(COD)

Proposal for a directive
Annex I – paragraph 1 – point a
Directive 2003/87/EC
Annex 1 – point 1
1. Installations or parts of installations used for research, development and testing of new products and processes, and installations where emissions from the combustion of biomass that complies with the criteria set out pursuant to Article 14 contribute to more than 95 % of the total greenhouse gas emissionexclusively using biomass are not covered by this Directive.
2022/02/08
Committee: ITRE
Amendment 167 #

2021/0203(COD)

Proposal for a directive
Recital 14
(14) In order to have an impact, the energy efficiency first principle needs to be consistently applied by decision makers in all relevant policy, planning and major investment decisions – that is to say large- scale investments with a value of more than 50 euro million each or 75 euro million for transport infrastructure projects – affecting energy consumption or supply, with due regard for the principle of technology neutrality. The proper application of the principle requires using the right cost-benefit analysis methodology, setting enabling conditions for energy efficient solutions and proper monitoring. Demand side flexibility can bring significant benefits to consumers and to society at large, and can increase the efficiency of the energy system and decrease the energy costs, for example by reducing system operation costs, which must resulting in lower tariffs for all consumers. Member States should take into account potential benefits from demand side flexibility in applying the energy efficiency first principle and where relevant consider demand response, energy storage and smart solutions as part of their efforts to increase efficiency of the integrated energy system.
2022/03/21
Committee: ITRE
Amendment 196 #

2021/0203(COD)

Proposal for a directive
Recital 28
(28) To fulfil their obligation, Member States should target the final energy consumption of all public services and installations of public bodies. To determine the scope of addressees, Member States should apply the definition of contracting authorities provided in the Directive 2014/24/EU of the European Parliament and of the Council60. The obligation can be fulfilled by the reduction of final energy consumption in any area of the public sector, including transport, public buildings, healthcare, spatial planning, water management and wastewater treatment, sewage and water purification, waste management, district heating and cooling, energy distribution, supply and storage, public lighting, infrastructure planning and IT or ICT services and infrastructure. To lower the administrative burden for public bodies, Member States should establish digital platforms or tools to collect the aggregated consumption data from public bodies, make them publicly available, and report the data to the Commission. _________________ 60 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94 28.3.2014, p. 65).
2022/03/21
Committee: ITRE
Amendment 200 #

2021/0203(COD)

Proposal for a directive
Recital 30
(30) Public authorities are encouraged to obtain support from entities such as sustainable energy agencies, where applicable established at regional or local level. The organisation of those agencies usually reflect the individual needs of public authorities in a certain region or operating in a certain area of the public sector. Centralised agencies can serve the needs better and work more effectively in other respects, for example, in smaller or centralised Member States or regarding complex or cross-regional aspects such as district heating and cooling. Sustainable energy agencies can serve as one-stop- shops pursuant to Article 21. Those agencies are often responsible for developing local or regional decarbonisation plans, which may also include other decarbonisation measures, such as the exchange of fossil fuels boilers, and to support public authorities in the implementation of energy related policies. Sustainable energy agencies or other entities to assist regional and local authorities may have clear competences, objectives and resources in the field of sustainable energy. Sustainable energy agencies could be encouraged to consider initiatives taken in the framework of the Covenant of Mayors, which brings together local governments voluntarily committed to implementing the Union´s climate and energy objectives, and other existing initiatives for this purpose. The decarbonisation plans should be linked to territorial development plans and take into account the comprehensive assessment which the Member States should carry out.
2022/03/21
Committee: ITRE
Amendment 214 #

2021/0203(COD)

Proposal for a directive
Recital 36
(36) All public entities investing public resources through procurement should lead by example when awarding contracts and concessions by choosing products, services works and buildings with the highest energy efficiency performance, taking cost-effectiveness into account, also in relation to those procurements that are not subject to specific requirements under Directive 2009/30/EC. In that context, all award procedures for public contracts and concessions with the value above the thresholds set out in Articles 6 and 7 of Directive 2014/23/EU of the European Parliament and of the Council67, Article 2(1) of Directive 2014/24/EU of the European Parliament and of the Council68, and Articles 3 and 4 of Directive 2014/25/EU of the European Parliament and of the Council, need to take into account the energy efficiency performance of the products, buildings and services set by Union or national law, by considering as priority the energy efficiency first principle in their procurement procedures. _________________ 67 Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (OJ L 94, 28.3.2014, p. 1). 68 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65).
2022/03/21
Committee: ITRE
Amendment 236 #

2021/0203(COD)

Proposal for a directive
Recital 50
(50) When designing policy measures to fulfil the energy savings obligation, Member States should respect the climate and environmental standards and priorities of the Union and comply with the principle of ‘do no significant harm’ within the meaning of Regulation (EU) 2020/85271. Member States should not promote activities that are not environmentally sustainable such as use of solid fossil fuels. The energy savings obligation aims at strengthening the response to climate change by promoting incentives to Member States to implement a sustainable and clean policy mix, which is resilient, and mitigates climate change. Therefore, energy savings from policy measures regarding the use of direct fossil fuel combustion will not be eligible energy savings under energy savings obligation as of transposition of this Directive. It will allow aligning the energy savings obligation with the objectives of the European Green Deal, the Climate Target Plan, the Renovation Wave Strategy, and mirror the need for action identified by the IEA in its net zero report72. The restriction aims at encouraging Member States to spend public money into future-proof, sustainable technologies only, taking cost- effectiveness into account. It is important that Member States provide a clear policy framework and investment certainty to market actors. The implementation of the calculation methodology under energy savings obligation should allow all market actors to adapt their technologies in a reasonable timeframe. Where Member States support the uptake of efficient fossil fuel technologies or early replacement of such technology, for example through subsidy schemes or energy efficiency obligation schemes, energy savings may not be eligible anymore under the energy savings obligation. While energy savings resulting, for example, from the promotion of natural gas-based cogeneration would not be eligible, the restriction would not apply for indirect fossil fuel usage, for example where the electricity production includes fossil fuel generation. Policy measures targeting behavioural changes to reduce the consumption of fossil fuel, for example through information campaigns, eco-driving, should remain eligible. The energy savings from policy measures targeting building renovations may contain measures such as a replacement of fossil fuel heating systems together with building fabric improvements, which should be limited to those technologies that allow achieving the required energy savings according to the national building codes established in a Member State. Nevertheless, Member States should promote upgrading heating systems as part of deep renovations in line with the long- term objective of carbon neutrality, i.e. reducing the heating demand and covering the remaining heating demand with a carbon-free energy source. _________________ 71 Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU) 2019/2088 (OJ L 198, 22.6.2020, p. 13). 72 IEA (International Energy Agency) (2021), Net Zero by 2050 A Roadmap for the Global Energy Sector, https://www.iea.org/reports/net-zero-by- 2050.
2022/03/21
Committee: ITRE
Amendment 248 #

2021/0203(COD)

Proposal for a directive
Recital 51
(51) Member States' energy efficiency improvement measures in transport are eligible to be taken into account for achieving their end-use energy savings obligation. Such measures include policies that are, inter alia, dedicated to promoting more efficient vehicles, a modal shift to cycling, walking and collective transport, or mobility and urban planning that reduces demand for transport. In addition, schemes which accelerate the uptake of new, more efficient vehicles or policies fostering a shift to fuels with reduced levels of emissions, except policy measures regarding the use of direct fossil fuel combustion, that reduce energy use per kilometre are also capable of being eligible, subject to compliance with the rules on materiality and additionality set out in Annex V to this Directive. Policy measures promoting the uptake of new fossil fuel vehicles should not qualify as eligible measures under the energy savings obligation.
2022/03/21
Committee: ITRE
Amendment 262 #

2021/0203(COD)

Proposal for a directive
Recital 54
(54) Member States and obligated parties should make use of all available means and technologies, except regarding the use of direct fossil fuel combustion technologies, to achieve the cumulative end-use energy savings required, including by promoting sustainable technologies in efficient district heating and cooling systems, efficient heating and cooling infrastructure and energy audits or equivalent management systems, provided that the energy savings claimed comply with the requirements laid down in Article 8 and Annex V to this Directive. Member States should aim for a high degree of flexibility in the design and implementation of alternative policy measures. Member States should encourage actions resulting in energy savings over the long lifetimes.
2022/03/21
Committee: ITRE
Amendment 271 #

2021/0203(COD)

Proposal for a directive
Recital 60
(60) In accordance with Article 9 of the Treaty, the Union's energy efficiency policies should be inclusive and should therefore ensure equal access to energy efficiency measures for all consumers affected by energy poverty. Improvements in energy efficiency should, be implemented as a priority among vulnerable customers and final users, people affected by energy poverty, and, where appropriate, among medium-income households and people living in social housing, elderly people and those living in rural and remote areas . In this context, specific attention should be paid to particular groups which are more at risk of being affected by energy poverty or more susceptible to the adverse impacts of energy poverty, such as commuters, women, persons with disabilities, elderly people, children, and persons with a minority racial or ethnic background. Member States can require obligated parties to include social aims in energy- saving measures in relation to energy poverty and this possibility had already been extended to alternative policy measures and Energy Efficiency National Funds. That should be transformed into an obligation to protect and empower vulnerable customers and final users and to alleviate energy poverty , while allowing Member States to retain full flexibility with regard to the type of policy measure, their size, scope and content. If an energy efficiency obligation scheme does not permit measures relating to individual energy consumers, the Member State may take measures to alleviate energy poverty by means of alternative policy measures alone. Within its policy mix, Member States should ensure that other policy measures do not have an adverse effect on vulnerable customers, final users, people affected by energy poverty and, where applicable, people living in social housing. Member States should make best possible use of public funding investments into energy efficiency improvement measures, including funding and financial facilities established at Union level.
2022/03/21
Committee: ITRE
Amendment 273 #

2021/0203(COD)

Proposal for a directive
Recital 62
(62) Around 34 million households in the Union were unable to keep their home adequately warm in 201974. With its one- sided promotion of renewable energy sources, EU energy policy also contributes to a continuous rise in energy prices. The European Green Deal prioritises the social dimension of the transition by committing to the principle that `no one is left behind´. The green transition, including the clean transition, affects women and men differently and may have a particular impact on some disadvantaged groups including people with disabilities. Energy efficiency measures must therefore be central to any cost-effective strategy to address energy poverty and consumer vulnerability and are complementary to social security policies at Member State level. To ensure that energy efficiency measures reduce energy poverty for tenants sustainably, the cost- effectiveness of such measures, as well as their affordability to property owners and tenants, should be taken into account, and adequate financial and technical support for such measures should be guaranteed at Member State level. Member States should support the local and regional level in identifying and alleviating energy poverty. The Union's building stock needs, in the long term, to be converted to NZEBs in accordance with the objectives of the Paris Agreement. Current building renovation rates are insufficient and buildings occupied by citizens on low incomes who are affected by energy poverty are the hardest to reach. The measures laid down in this Directive with regard to energy savings obligations, energy efficiency obligation schemes and alternative policy measures are therefore of particular importance. _________________ 74 COMMISSION RECOMMENDATION of 14.10.2020 on energy poverty, C(2020) 9600 final.
2022/03/21
Committee: ITRE
Amendment 321 #

2021/0203(COD)

Proposal for a directive
Recital 100
(100) Member States should ensure that national energy regulatory authorities take an integrated approach encompassing potential savings in the energy supply and the end-use sectors. Without prejudice to security of supply, market integration and anticipatory investments in offshore grids necessary for the deployment of offshore renewable energy, national energy regulatory authorities should ensure that the energy efficiency first principle is applied in the planning and decision making processes and that network tariffs and regulations incentivise improvements in energy efficiency. It is also important to ensure that the CO2 emissions over the whole life cycle of the wind turbines are considered. Member States should also ensure that transmission and distribution system operators consider the energy efficiency first principle. That would help transmission and distribution system operators to consider better energy efficiency solutions and incremental costs incurred for the procurement of demand side resources, as well as the environmental and socio-economic impacts of different network investments and operation plans. Such an approach requires a shift from the narrow economic efficiency perspective to maximised social welfare. The energy efficiency first principle should in particular be applied in the context of scenario building for energy infrastructure expansion where demand side solutions could be considered as viable alternatives and need to be properly assessed, and it should become an intrinsic part of the assessment of network planning projects. Its application should be scrutinised by national regulatory authorities.
2022/03/21
Committee: ITRE
Amendment 326 #

2021/0203(COD)

Proposal for a directive
Recital 108
(108) Member States and regions should be encouraged to make full use of the European funds available in the MFF and Next Generation EU including the Recovery and Resilience Facility, the Cohesion Policy Funds, the Rural Development Fund and the Just Transition Fund, as well as the financial instruments and technical assistance available under InvestEU, to trigger private and public investments in energy efficiency improvement measures. Investment in energy efficiency has the potential to contribute to economic growth, employment, innovation and a reduction in energy poverty in households, and therefore makes a positive contribution to economic, social and territorial cohesion and green recovery. Potential areas for funding include energy efficiency measures in public buildings and housing, and providing new skills to promote employment in the energy efficiency sector. The Commission will ensure synergies between the different funding instruments and make them accessible to the public in a transparent manner, in particular the funds in the shared management and in the direct management (like the centrally-managed programmes: Horizon Europe or LIFE), as well as between grants, loans and technical assistance to maximise their leverage effect on private financing and their impact on the achievement of energy efficiency policy objectives.
2022/03/21
Committee: ITRE
Amendment 337 #

2021/0203(COD)

Proposal for a directive
Recital 123
(123) Energy generated on or in buildings from renewable energy technologies reduces the amount of energy supplied from fossil fuels. The reduction of energy consumption and the use of energy from renewable sources in the buildings sector are important measures to reduce the Union's energy dependence and greenhouse gas emissions, especially in view of ambitious climate and energy objectives set for 2030 as well as the global commitment made in the context of the Paris Agreement. For the purposes of their cumulative energy savings obligation Member States may take into account energy savings from policy measures promoting renewable technologies to meet their energy savings requirements in accordance with the calculation methodology provided in this Directive . Energy savings from policy measures regarding the use of direct fossil fuel combustion should not be counted.
2022/03/21
Committee: ITRE
Amendment 357 #

2021/0203(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 3
(3) ‘energy system’ means a system primarily designed to supply energy- services to satisfy the demand of end-use sectors for energy in the forms of heat, cooling, fuels, and electricity;
2022/03/21
Committee: ITRE
Amendment 488 #

2021/0203(COD)

Proposal for a directive
Article 4 – paragraph 3 – subparagraph 2
The Commission shall assess whether the national measures referred to in this paragraph are sufficient to achieve the Union’s energy efficiency targets. Where national measures are deemed to be insufficient, the Commission shall, as appropriate, propose measures and exercise its power at Union level in addition to those recommendations in order to ensure, in particular, the achievement of the Union's 2030 targets for energy efficiencyadditional measures.
2022/03/21
Committee: ITRE
Amendment 607 #

2021/0203(COD)

Proposal for a directive
Article 7 – paragraph 5 – introductory part
5.(5) Member States may require that contracting authorities and contracting entities take into account, where appropriate, wider sustainability, social, environmental and circular economy aspects in procurement practices with a view to achieving the Union’s decarbonisation and zero pollution objectives. Where appropriate, and in accordance with the requirements laid down in Annex IV, Member States shall require contracting authorities and contracting entities to take into account Union green public procurement criteria, regard being had to the economic viability thereof.
2022/03/22
Committee: ITRE
Amendment 650 #

2021/0203(COD)

Proposal for a directive
Article 8 – paragraph 3 – subparagraph 2 – point a a (new)
(aa) Inability to fuel a motor vehicle sufficiently to guarantee its readiness for service;
2022/03/22
Committee: ITRE
Amendment 1028 #

2021/0203(COD)

Proposal for a directive
Article 31 – paragraph 2
2. The Commission is empowered to adopt delegated acts in accordance with Article 32 to amend or supplement this Directive by adapting to technical progress the values, calculation methods, default primary energy coefficient s and requirements referred to in Article 29, Annexes II, III, V, VII to XI, and XIII .
2022/03/22
Committee: ITRE
Amendment 1106 #

2021/0203(COD)

Proposal for a directive
Annex V – point 2 – point g
(g) policies with the purpose of encouraging higher levels of energy efficiency of products, equipment, transport systems, vehicles and fuels, buildings and building elements, processes or markets shall be permitted , except those policy measures regarding the use of direct combustion of fossil fuel technologies that are implemented as from 1 January 2024 ;
2022/03/22
Committee: ITRE
Amendment 1117 #

2021/0203(COD)

Proposal for a directive
Annex V – point 2 – point h
(h) Energy savings as a result of policy measures regarding the use of direct fossil fuel combustion in products, equipment, transport systems, vehicles, buildings or works shall not count towards the fulfilment of energy savings obligation as from 1 January 2024;deleted
2022/03/22
Committee: ITRE
Amendment 1140 #

2021/0203(COD)

Proposal for a directive
Annex V – point 2 – point k
(k) fFor policies that accelerate the uptake of more efficient products and vehicles, except those regarding the use of direct fossil fuel combustion, full credit may be claimed, provided that it is shown that such uptake takes place before expiry of the average expected lifetime of the product or vehicle, or before the product or vehicle would usually be replaced, and the savings are claimed only for the period until end of the average expected lifetime of the product or vehicle to be replaced;
2022/03/22
Committee: ITRE
Amendment 193 #

2021/0171(COD)

Proposal for a directive
Recital 49 a (new)
(49 a) Creditors, providers of crowdfunding credit services and insurers should not take into account the medical history of people who have been affected by cancer. Currently, five Member States have national provisions to help specific groups of people affected by cancer, under certain circumstances, to access financial services, including insurance, without reference to the risk associated with cancer. Such provisions should be implemented in all Member States. To this end, Member States should define, with the support of medical, scientific and statistical experts, the conditions determining the right to access financial services, including insurance, without reference to the risk associated with cancer. Member States should also undertake to adopt measures to inform consumers of the existence of this right. The imposition of restrictive conditions in policies, which are not based on medical, scientific and statistical data, should be avoided whenever pre-existing conditions are disclosed.
2022/03/16
Committee: IMCO
Amendment 204 #

2021/0171(COD)

Proposal for a directive
Recital 62
(62) The consumer should have the right to discharge his or her obligations before the date agreed in the credit agreement. As provided by the Court of JusticeThe consumer should have the right to a reduction in the total cost of the credit in the event of early repayment of the credit, which includes all the costs imposed by the creditor ofn the EU Lexitor ruling,34 the right of the consumer to a reduction in the total cost of the credit in the event of early repayment of the credit includes all the costs imposconsumer with the exclusion of up-front costs - in so far as they are preliminary and preparatory activities for the granting of the loan, and are fully exhausted at the time of granting the loan - that have been adequately identified and declared and the cost of third parties (e.g fee of credit intermediaries, insurance charges and taxes). As regards the method of reimbursement, the amortised cost criterion (interest curve) for the calculation of the proportional reduction of costs should apply unless it is otherwise regulated oin the consumertract taken in account. In the case of early repayment the creditor should be entitled to a fair and objectively justified compensation for the costs directly linked to the early repayment, taking into account also any savings thereby made by the creditor. However, in order to determine the method of calculating the compensation, it is important to respect several principles. The calculation of the compensation due to the creditor should be transparent and comprehensible to consumers already at the pre-contractual stage and in any case during the performance of the credit agreement. In addition, the calculation method should be easy for creditors to apply, and supervisory control of the compensation by the competent authorities should be facilitated. Therefore, and due to the fact that consumer credit is, given its duration and volume, not financed by long- term funding mechanisms, the ceiling for the compensation should be fixed in terms of a flat-rate amount. This approach reflects the specific nature of consumer credits and should not prejudice the approach in respect of other products which are financed by long-term funding mechanisms, such as fixed-rate mortgage loans. _________________ 34 Judgment of the Court of Justice of 11 September 2019, Lexitor, C-383/18, ECLI:EU:C:2019:702.
2022/03/16
Committee: IMCO
Amendment 245 #

2021/0171(COD)

Proposal for a directive
Article 2 – paragraph 2 – point g a (new)
(g a) credit agreements where the credit is granted free of interest and without any other charges;
2022/03/16
Committee: IMCO
Amendment 286 #

2021/0171(COD)

Proposal for a directive
Article 3 – paragraph 1 – point 5 a (new)
(5 a) Short-term, interest-free (“STIF”) credit agreement means “a fixed-sum credit agreement between a consumer (borrower) and a creditor (lender) entered into in connection with the purchase of goods or services, where the credit is granted free of interest and without any other charges and credit agreements under the terms of which the credit has to be repaid within three months and only insignificant charges are payable”.
2022/03/16
Committee: IMCO
Amendment 377 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 3 – point a
(a) the total amount of credit; (b) the duration of the credit agreement or of the agreement for the provision of crowdfunding credit services; (c) the borrowing rate, or all borrowing rates if different borrowing rates apply in different circumstances; (d) the annual percentage rate of charge and the total amount payable by the consumer; (e) in the case of a credit in the form of deferred payment for specific goods or services and in the case of linked credit agreements, the specific goods or services and their cash price; (f) costs in the case of late payments; (g) the type of credit;
2022/03/16
Committee: IMCO
Amendment 381 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 3 – point c
(c) the total amount of credit and the conditions governing the drawdown;deleted
2022/03/16
Committee: IMCO
Amendment 384 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 3 – point d
(d) the duration of the credit agreement or crowdfunding credit services;deleted
2022/03/16
Committee: IMCO
Amendment 385 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 3 – point e
(e) in the case of a credit in the form of deferred payment for specific goods or services and in the case of linked credit agreements, the specific goods or services and their cash price;deleted
2022/03/16
Committee: IMCO
Amendment 386 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 3 – point f
(f) the borrowing rate, or all borrowing rates where different borrowing rates apply in different circumstances, the conditions governing the application of each borrowing rate and, where available, any index or reference rate applicable to each initial borrowing rate , as well as the periods, conditions and procedures for changing each borrowing rate;deleted
2022/03/16
Committee: IMCO
Amendment 389 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 3 – point g
(g) the annual percentage rate of charge and the total amount payable by the consumer, illustrated by means of a representative example mentioning all the assumptions used in order to calculate that rate; Where the consumer has informed the creditor or the provider of crowdfunding credit services of one or more components of his or her preferred credit, such as the duration of the credit agreement or of the agreement for the provision of crowdfunding credit services and the total amount of credit, the creditor or the provider of crowdfunding credit services shall take those components into account;deleted
2022/03/16
Committee: IMCO
Amendment 416 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 4
4. At the same time as the Standard European Consumer Credit Information form is provided to the consumer, the creditor and, where applicable, the credit intermediary or the provider of crowdfunding credit services, shall provide the consumer with the Standard European Consumer Credit Overview form set out in Annex II, containing the following pre-contractual information: (a) the total amount of credit; (b) the duration of the credit agreement or of the agreement for the provision of crowdfunding credit services; (c) the borrowing rate, or all borrowing rates if different borrowing rates apply in different circumstances; (d) the annual percentage rate of charge and the total amount payable by the consumer; (e) in the case of a credit in the form of deferred payment for specific goods or services and in the case of linked credit agreements, the specific goods or services and their cash price; (f) costs in the case of late payments;deleted
2022/03/16
Committee: IMCO
Amendment 438 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 5
5. Information displayed in the Standard European Consumer Credit Information form and in the Standard European Consumer Credit Overview form shall be consistent. It shall be clearly legible and take into account the technical constraints of the medium on which it is displayed. Information shall be displayed in an adequate and suitable way on the different channels. Any additional information which the creditor may provide to the consumer shall be given in a separate document which may be annexed to the Standard European Consumer Credit Information form or the Standard European Consumer Credit Overview form.deleted
2022/03/16
Committee: IMCO
Amendment 445 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 5 – subparagraph 1
Any additional information which the creditor may provide to the consumer shall be given in a separate document which may be annexed to the Standard European Consumer Credit Information form or the Standard European Consumer Credit Overview form.
2022/03/16
Committee: IMCO
Amendment 460 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 7
7. If the agreement has been concluded at the consumer's request using a means of distance communication which does not enable the information to be provided in accordance with this article, the creditor and, where applicable, the credit intermediary or the provider of crowdfunding credit services shall provide the consumer with the Standard European Consumer Credit Information form and the Standard European Consumer Credit Overview form immediately after the conclusion of the credit agreement or of the agreement for the provision of crowdfunding credit services.
2022/03/16
Committee: IMCO
Amendment 464 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 8
8. Upon request from the consumer, the creditor and, where applicable, the credit intermediary or the provider of crowdfunding credit services shall, in addition to the Standard European Consumer Credit Information form and the Standard European Consumer Credit Overview form, provide the consumer free of charge with a copy of the draft credit agreement, or of the draft agreement for the provision of crowdfunding credit services, provided that the creditor at the time of the request is willing to proceed to the conclusion of the credit agreement or of the agreement for the provision of crowdfunding credit services with the consumer.
2022/03/16
Committee: IMCO
Amendment 517 #

2021/0171(COD)

Proposal for a directive
Article 14 – paragraph 4
4. Member States may allow creditors or providers of crowdfunding credit services to require the consumer to hold a relevant insurance policy related to the credit agreement or crowdfunding credit services, taking into account proportionality considerations. In such cases, Member States shall ensure that the creditor or the provider of crowdfunding credit services is required to accept the insurance policy from a supplier different to his or her preferred supplier where such insurance policy has a level of guarantee equivalent to the one the creditor or the provider of crowdfunding credit services has proposed, without modifying the condition of the credit offering to the consumer. Under those circumstances, the insurance policy shall avoid imposing restrictive conditions, whenever specific requirements related to pre-existing medical conditions are fulfilled (such as the “right to be forgotten” criteria for cancer survivors). Member States shall guarantee that people cured of specific pathologies have equal access to insurance policies. For this purpose, Member States should define, with the support of medical, scientific and statistical experts, the conditions that determine the right to access financial services, including insurance, without reference to cancer, committing themselves to review these conditions periodically. Member States should also take measures to inform consumers of the existence of this right.
2022/03/16
Committee: IMCO
Amendment 541 #

2021/0171(COD)

Proposal for a directive
Article 17 – paragraph 1
Member States shall prohibit any sale of credit to consumers, without their prior request and explicit agreement. This provision shall not apply to credit agreements concluded at point of sale to finance the purchase of a good or a service
2022/03/16
Committee: IMCO
Amendment 552 #

2021/0171(COD)

Proposal for a directive
Article 18 – paragraph 1
1. Member States shall require that, before concluding a credit agreement, or an agreement for the provision of crowdfunding credit services, the creditor or, where applicable, the provider of crowdfunding credit services makes a thorough assessment of the consumer’s creditworthiness. That assessment shall be done in the interest of the consumer, taking into account the nature and the risks of the credit, to prevent irresponsible lending practices and over-indebtedness, and shall take appropriate account of factors relevant to verifying the prospect of the consumer to meet his or her obligations under the credit agreement or the agreement for the provision of crowdfunding credit services. The obligation to assess the creditworthiness is considered fulfilled if the creditor has met the requirements provided by Directive 2013/36/EU, Regulation n. 575/2013 EU and EBA Guidelines ABE/GL/2020/06.
2022/03/16
Committee: IMCO
Amendment 558 #

2021/0171(COD)

Proposal for a directive
Article 18 – paragraph 2 – introductory part
2. The assessment of creditworthiness shall be carried out on the basis of relevant and accurate information on the consumer’s income and expenses and other financial and economic circumstances which is necessary and proportionate such as evidence of income or other sources of repaymenwhich is necessary and proportionate to the nature and the risks of the credit, inform relation on financial assets and liabilities, or information on other financial commitmentsto nature, duration, complexity and size of the credit granted. The information shall be obtained from relevant internal or external sources, including the consumer and, where necessary, on the basis of a consultation of a database referred to in Article 19. In the case of STIF credit agreements, as referred to in Article [3 point 5a] of the current Directive , the creditors may base their creditworthiness assessment on other indicators or information as appropriate to the reduced risk levels associated with these products.
2022/03/16
Committee: IMCO
Amendment 564 #

2021/0171(COD)

Proposal for a directive
Article 18 – paragraph 2 – subparagraph 1
The information obtained in accordance with this paragraph shall be appropriately verified, where necessary through reference to independently verifiable documentation.deleted
2022/03/16
Committee: IMCO
Amendment 570 #

2021/0171(COD)

Proposal for a directive
Article 18 – paragraph 2 – subparagraph 1 a (new)
Given that STIF credit agreements (as defined in Article 3) are a relatively new and rapidly expanding market, Member States shall impose additional reporting requirements on STIF credit providers licensed in their territory including on usage levels, default rates and late fee revenues accrued. Where default rates and late fees are found to be excessively high, Member States shall take additional steps to ensure the full compliance of the STIF credit provider with the conduct rules set out in Article 38 and require remedial measures as appropriate.
2022/03/16
Committee: IMCO
Amendment 585 #

2021/0171(COD)

Proposal for a directive
Article 18 – paragraph 4 – introductory part
4. Member States shall ensure that the creditor or the provider of crowdfunding credit services only makes the credit available to the consumer where the result of the creditworthiness assessment indicates that the obligations resulting from the credit agreement or the agreement for the provision of crowdfunding credit services are likely to be met in the manner required under that agreement. However, a positive creditworthiness assessment should not constitute an obligation for the creditor to provide credit.
2022/03/16
Committee: IMCO
Amendment 592 #

2021/0171(COD)

Proposal for a directive
Article 18 – paragraph 4 – subparagraph 1
Notwithstanding the first subparagraphs, where the result of the creditworthiness assessment indicates that the obligations resulting from the credit agreement or the agreement for the provision of crowdfunding credit services are not likely to be met in the manner required under that agreement, the creditor or the provider of crowdfunding credit services may exceptionally make credit available to the consumer in specific and well justified circumstances.deleted
2022/03/16
Committee: IMCO
Amendment 600 #

2021/0171(COD)

Proposal for a directive
Article 18 – paragraph 6
6. Where the creditworthiness assessment involves the use of profiling or other automated processing of personal data, Member States shall ensure that the consumer has the right to: (a) request and obtain human intervention on the part of the creditor or the provider of crowdfunding credit services to review the decision; (b) request and obtain from the creditor or the provider of crowdfunding credit services a clear explanation of the assessment of creditworthiness, including on the logic and risks involved in the automated processing of personal data as well as its significance and effects on the decision; (c) express his or her point of view and contest the assessment of the creditworthiness and the decision.deleted
2022/03/16
Committee: IMCO
Amendment 651 #

2021/0171(COD)

Proposal for a directive
Article 21 – paragraph 3 a (new)
3 a. Member States shall identify, among the elements listed in paragraph 1, those which, if absent or uncertain, shall lead to the nullity of the contract, those which can be replaced by law and those which extend the period for exercising the right of withdrawal defined by article 26.
2022/03/16
Committee: IMCO
Amendment 688 #

2021/0171(COD)

Proposal for a directive
Article 29 – paragraph 1
1. Member States shall ensure that the consumer is at any time entitled to early repayment. In such cases, the consumer shall be entitled to a reduction in the total cost of the credit, consisting of the interest and the costs for the remaining duration of the contract. When calculating that reduction, all the costs imposed on the consumer by the creditor shall be taken into consideration, except for up-front costs, which are fully exhausted at the time of granting of the loan and corresponded to services effectively provided to the consumer or to costs effectively incurred by creditor as well as third party costs. The up-front costs should be adequately identified and declared in the credit contract. In any case, costs that remunerate credit intermediaries activities or costs that remunerate creditor’s services as well as taxes are excluded from the calculation of the reduction of the total cost of credit. As regards the method of reimbursement the amortised cost criterion (interest curve) for the calculation of the proportional reduction of costs should be used unless otherwise regulated in the contract.
2022/03/16
Committee: IMCO
Amendment 711 #

2021/0171(COD)

Proposal for a directive
Article 31 – paragraph 1 – introductory part
1. 1. Member States shall introducemay set caps on one or more of the following:
2022/03/16
Committee: IMCO
Amendment 721 #

2021/0171(COD)

Proposal for a directive
Article 31 – paragraph 2
2. Member States may introduce additional caps for revolving credit facilitiesThe provision of Paragraph 1 is considered fulfilled whereas there are national legislations already in force setting up caps on one of the options listed in letters a,b, c.
2022/03/16
Committee: IMCO
Amendment 796 #

2021/0171(COD)

Proposal for a directive
Article 46 – paragraph 2
2. The Commission shall also monitor the effect of the existence of the regulatory choices referred to in Article 42 on the internal market and consumers. Given that STIF credit products (as defined in Article 3) are a relatively new and rapidly expanding market, it is appropriate that the Commission gives particular consideration in its review to the further development of this market and the evidence base regarding consumer harm, and to whether the treatment of such products under this Directive needs to be revised.
2022/03/16
Committee: IMCO
Amendment 203 #

2021/0170(COD)

Proposal for a regulation
Recital 24 a (new)
(24 a) The indication of origin is a necessary supplement to the basic traceability requirements laid down in this Regulation concerning the name and address of the manufacturer. Furthermore, the indication of the country of origin helps to identify the actual place of manufacture in all those cases where the manufacturer cannot be contacted, in particular where its given address is different from the actual place of manufacture, where the name and address of the manufacturer is missing altogether or where the address was on the packaging that has been lost. Suchinformation can facilitate the task of market surveillance authorities in tracing the product back to the actual place of manufacture and enable contacts with the authorities of the countries of origin in the framework of bilateral or multilateral cooperation on consumer product safety for appropriate follow-up actions.
2022/01/19
Committee: IMCO
Amendment 294 #

2021/0170(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point a a (new)
(a a) printed books and periodical different from children's books and printed periodicals;
2022/01/19
Committee: IMCO
Amendment 303 #

2021/0170(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 1
1. product’ means any item, interconnected or not to other items, suppliitem placed or made available, whether for consideration or not, in the course of a commercial activity including in the context of providing a service -which is intended for consumers or can, under reasonably foreseeable conditions, be used by consumers even if not intended for them;
2022/01/19
Committee: IMCO
Amendment 312 #

2021/0170(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 2
2. ‘safe product’ means any product which, under normal or reasonably foreseeable conditions of use or miscorrect use, including the actual duration of use, does not present any risk or only the minimum risks compatible with the product's use, considered acceptable and consistent with a high level of protection of health and safety of consumers;
2022/01/19
Committee: IMCO
Amendment 316 #

2021/0170(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 3
3. ‘dangerous product’ means any product which does not conform to the definition of ‘safe product’, by virtue of the manner it is created, or the components with which it is manufactured, or use to which it is intended, may potentially endanger the health and/or safety of consumers;
2022/01/19
Committee: IMCO
Amendment 336 #

2021/0170(COD)

Proposal for a regulation
Article 5 – paragraph 1
Economic operators shall place or make available on the Union market only safe products.deleted
2022/01/19
Committee: IMCO
Amendment 337 #

2021/0170(COD)

Proposal for a regulation
Article 5 – paragraph 1 a (new)
Manufacturers and a natural or legal person, other than the manufacturer, that substantially modifies the product pursuant to article 12 thereof, shall place or make available on the Union market only products as defined in accordance with this Regulation.
2022/01/19
Committee: IMCO
Amendment 370 #

2021/0170(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point f
(f) the appearance of the product and in particular where a product, although not foodstuff, resembles foodstuff and is likely to be confused with foodstuff due to its form, odour, colour, appearance, packaging, labelling, volume, size or other characteristics;
2022/01/19
Committee: IMCO
Amendment 390 #

2021/0170(COD)

Proposal for a regulation
Article 7 a (new)
Article 7 a Indication of the 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 determination of the country of origin within the meaning of paragraph 1 of this Article, non- preferential origin rules set out in Articles 59 to 62 of Regulation (EU) No 952/2013 of the European Parliament and of the Council, including delegated acts to be adopted pursuant to Article 62 of that Regulation, shall apply. 3. Where the country of origin determined in accordance with paragraph 2 is a Member State of the Union, manufacturers and importers may refer to the Union or to a particular Member State. 4. Manufacturers shall be authorised to indicate the country of origin in English only (‘Made in[country]’), since this is readily comprehensible for consumers.
2022/01/19
Committee: IMCO
Amendment 398 #

2021/0170(COD)

Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1
Manufacturers shall make publicly available to consumers, communication channels such as telephone number, electronic address or dedicated section of their website, allowing the consumers to file complaints and to inform them of any accident or safety issue they have experienced with the product. These communication channels and the reporting methods shall be provided in accessible formats for persons with disabilities.
2022/01/19
Committee: IMCO
Amendment 405 #

2021/0170(COD)

Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 2
Personal data stored in the register of complaints shall only be those personal data that are necessary for the manufacturer to investigate the complaint about an alleged dangerous product. Such data shall only be kept as long as it is necessary for the purpose of investigation and no longer than five years after they have been encoded.deleted
2022/01/19
Committee: IMCO
Amendment 429 #

2021/0170(COD)

Proposal for a regulation
Article 8 – paragraph 6
6. Manufacturers shall ensure that their products bear a type, batch or serial number or other element allowing the identification of the product which is easily visible and legible for consumers, or, where the size or nature of the product does not allow it, that the required information is provided on the packaging or in a document accompanying the product. This information shall be provided in accessible formats for persons with disabilities.
2022/01/19
Committee: IMCO
Amendment 432 #

2021/0170(COD)

Proposal for a regulation
Article 8 – paragraph 7
7. Manufacturers shall indicate their name, registered trade name or registered trade mark and the postal and electronic address at which they can be contacted on the product or, where that is not possible, on its packaging or in a document accompanying the product. The address shall indicate a single contact point at which the manufacturer can be contacted. This information shall be provided in accessible formats for persons with disabilities.
2022/01/19
Committee: IMCO
Amendment 437 #

2021/0170(COD)

Proposal for a regulation
Article 8 – paragraph 8
8. Manufacturers shall ensure that their product is accompanied by instructions and safety information in a language which can be easily understood by consumers, as determined by the Member State in which the product is made available. Alternatively, the instructions may be provided in a digital format. However, upon consumer’s request at the time of the purchase of the product, the instructions shall be provided in paper format free of charge. This requirement shall not apply where the product can be used safely and as intended by the manufacturer without such instructions and safety information.
2022/01/19
Committee: IMCO
Amendment 459 #

2021/0170(COD)

Proposal for a regulation
Article 9 – paragraph 2 – point a
(a) provide asupport market surveillance authority, upon its reasoned request, withand ensure that all information and documentation necessary is available for inspection by the market surveillance authority to demonstrate the safety of the product in an official language which can be understood by that authority;
2022/01/19
Committee: IMCO
Amendment 468 #

2021/0170(COD)

Proposal for a regulation
Article 10 – paragraph 1
1. Before placing a product on the 1. market importers shall ensure that the product is compliant with the general safety requirement laid down in Article 5 and that the manufacturer has complied with the requirements set out in Article 8 (4), (6) and (7). This verification also takes place taking into account the practice and characteristics of each product sector as well as the evidence, based on the same characteristics and functions, of the safety of the product.
2022/01/19
Committee: IMCO
Amendment 474 #

2021/0170(COD)

Proposal for a regulation
Article 10 – paragraph 3
3. ITaking into account the practices and characteristics of each product sector, importers shall indicate their name, registered trade name or registered trade mark, the postal and electronic address at which they can be contacted on the product or, where that is not possible, on its packaging or in a document accompanying the product. They shall ensure that any additional label does not obscure any information on the label provided by the manufacturer. This information shall be provided in accessible formats for persons with disabilities.
2022/01/19
Committee: IMCO
Amendment 476 #

2021/0170(COD)

Proposal for a regulation
Article 10 – paragraph 4
4. Importers shall ensure that the product they imported is accompanied by instructions and safety information in a language which can be easily understood by consumers, as determined by the Member State in which the product is made available, except where the product can be used safely and as intended by the manufacturer without such instructions and safety information. This information shall be provided in accessible formats for persons with disabilities.
2022/01/19
Committee: IMCO
Amendment 523 #

2021/0170(COD)

Proposal for a regulation
Article 15 – paragraph 2
2. In addition to the tasks referred to in Article 4(3) of Regulation (EU) 2019/1020, the economic operator referred to in Article 4(1) of Regulation (EU) 2019/1020 shall periodically carry out sample testing ofaking into account the practice and characteristics of each product sector as well as the evidence, based on the same characteristics and functions, of the safety of the product, the economic operator referred to in Article 4(1) of Regulation (EU) 2019/1020 shall be able to provide testing documentation against harmonized standards upon request for randomly chosen products made available on the market. When the products made available on the market have been subject to a Commission decision adopted under Article 26(1) of this Regulation, the economic operator referred to in Article 4(1) of Regulation (EU) 2019/1020 shall carry out, at least once a year, for the entire duration of the decision, representative sample testing of products made available on the market chosen under the control of a judicial officer or any qualified person designated by the Member State where the economic operator is situated.
2022/01/19
Committee: IMCO
Amendment 545 #

2021/0170(COD)

Proposal for a regulation
Article 18 – paragraph 1 – introductory part
Where products are made available on the market online or through other means of distance sales by the relevant economic operators, the relevant offer of the product shall clearly and visibly indicate at least the following information to achieve parity with offline sales, such as:
2022/01/19
Committee: IMCO
Amendment 548 #

2021/0170(COD)

Proposal for a regulation
Article 18 – paragraph 1 – point c
(c) information that allow to identify the product, includingfor example its type and, when available, batch or serial number and any other product identifier;
2022/01/19
Committee: IMCO
Amendment 550 #

2021/0170(COD)

Proposal for a regulation
Article 18 – paragraph 1 – point d
(d) any warning or safety information that is to be affixed on the product or to accompany itpackaging in accordance with this Regulation or the applicable Union harmonisation legislation in a language which can be easily understood by consumers. and enable additional information to be accessible through manufacturer’s e-label. This information shall be provided in accessible formats for persons with disabilities
2022/01/19
Committee: IMCO
Amendment 574 #

2021/0170(COD)

Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1 a (new)
Online marketplaces should comply with the obligations set out in Article 10 for products they facilitate the sale of when there is no manufacturer established in the Union and no importer.
2022/01/19
Committee: IMCO
Amendment 579 #

2021/0170(COD)

Proposal for a regulation
Article 20 – paragraph 2 – subparagraph 1
Online marketplaces shall take the necessary measures to receive and process the orders issued in accordance with this paragraph. They shall act upon receipt of the order issued without undue delay, and in any event within two working days in the Member State where the online marketplace operates, from receipt of the order. They shall inform the issuing market surveillance authority of the effect given to the order by using the contacts of the market surveillance authority published in the Safety Gatereplying via email to the notified order.
2022/01/19
Committee: IMCO
Amendment 585 #

2021/0170(COD)

Proposal for a regulation
Article 20 – paragraph 3
3. Online marketplaces shall take into account regular information on dangerous products notified by the market surveillance authorities in line with Article 24, received via the Safety Gate portal, for the purpose of applying their voluntary measures aimed at detecting, identifying, removing or disabling access to the illegal content referring to dangerous products offered on their marketplace, where applicable. They shall informprovide periodic agreed reports to the authority that made the notification to the Safety Gate of any action taken by using the contacts of the market surveillance authority published in the Safety Gate.
2022/01/19
Committee: IMCO
Amendment 592 #

2021/0170(COD)

Proposal for a regulation
Article 20 – paragraph 4
4. Online marketplaces shall give an appropriate answer without undue delay, and in any event within five working days, in the Member State where the online marketplace operates, to notices related to product safety issues and dangerous products received in accordance with [Article 14] of Regulation (EU) […/…] on a Single Market for Digital Services (Digital Service Act) and amending Directive 2000/31/EC.
2022/01/19
Committee: IMCO
Amendment 622 #

2021/0170(COD)

Proposal for a regulation
Article 20 – paragraph 6 – point d
(d) allowing access to their interfaces for the online tools operated by market surveillance authorities to identify dangerous productupon request, provide relevant data useful to effectively engage in market surveillance activities;
2022/01/19
Committee: IMCO
Amendment 683 #

2021/0170(COD)

Proposal for a regulation
Article 27 – paragraph 1
1. Products that have been deemed dangerous on the basis of a decision of a market surveillance authority in one Member State according to this Regulation shall be presumed dangerous by market surveillance authorities in other Member States.
2022/01/19
Committee: IMCO
Amendment 698 #

2021/0170(COD)

Proposal for a regulation
Article 29 – paragraph 1
1. In the framework of the activities referred to in Article 28(3), point (b), market surveillance authorities may agree with other relevant authorities orand with organisations representing economic operators orand consumers to carry out activities aimed at ensuring safety and protection of consumers health with respect to specific categories of products placed or made available on the market, in particular categories of products that are often found to present a serious risk.
2022/01/19
Committee: IMCO
Amendment 710 #

2021/0170(COD)

Proposal for a regulation
Article 31 – paragraph 2
2. Member States and the Commission shall take the necessary steps to ensure that their officials and agents are required not to disclose information, different from the ones pointed out in article 31(1), obtained for the purposes of this Regulation which, by its nature, is covered by professional secrecy in duly justified cases, except for information relating to the safety properties of products pursuant to article 31(1) which must be made public in order to protect consumers.
2022/01/19
Committee: IMCO
Amendment 720 #

2021/0170(COD)

Proposal for a regulation
Article 32 – paragraph 2
2. Consumers shall have the possibility to inform the Commission of products which may presenting a risk to consumer health and safety through a separate section of the Safety Gate portal. The Commission shall take in due consideration the information received and ensure follow up, where appropriate.
2022/01/19
Committee: IMCO
Amendment 784 #

2021/0170(COD)

Proposal for a regulation
Article 47 – paragraph 2
It shall apply from [624 months after the entry into force of this Regulation].
2022/01/19
Committee: IMCO
Amendment 14 #

2021/0136(COD)

Proposal for a regulation
Recital 4
(4) A more harmonised approach to digital identification should reduce the risks and costs of the current fragmentation due to the use of divergent national solutions and will strengthen the Single Market by allowing citizens, other residents as defined by national law and businesses to identify online in a convenient and uniform way across the Union. Everyone should be able to securely access public and private services relying on an improved ecosystem for trust services and on verified proofs of identity and attestations of attributes, such as a university degree legally recognised and accepted everywhere in the Union. Users should, however, not be obliged to use a digital identity wallet to access public or private services. It should be possible to use digital key generator applications or ID card readers, for example. The framework for a European Digital Identity aims to achieve a shift from the reliance on national digital identity solutions only, to the provision of electronic attestations of attributes valid at European level. Providers of electronic attestations of attributes should benefit from a clear and uniform set of rules and public administrations should be able to rely on electronic documents in a given format.
2022/05/24
Committee: IMCO
Amendment 18 #

2021/0136(COD)

Proposal for a regulation
Recital 5 a (new)
(5a) It should be made clear that recognition of a qualified electronic attestation of attributes in a given Member State is limited to the confirmation of the facts. Recognition of a qualified electronic attestation of attributes in any other Member State shall be limited to confirming the factual circumstances relating to the attribute concerned, and shall not have legal effect there unless the attested attributes are in accordance with its national law.
2022/05/24
Committee: IMCO
Amendment 23 #

2021/0136(COD)

Proposal for a regulation
Recital 7
(7) It is necessary to set out the harmonised conditions for the establishment of a framework for European Digital Identity Wallets to be issued by Member States, which should empower all Union citizens and other residents as defined by national law to share securely data related to their identity in a user friendly and convenient way under the sole control of the user. Technologies used to achieve those objectives should be developed aiming towards the highest level of security, user convenience and wide usability. Member States should ensure equal access to digital identification to all their nationals and legal residents.
2022/05/24
Committee: IMCO
Amendment 27 #

2021/0136(COD)

Proposal for a regulation
Recital 9
(9) All European Digital Identity Wallets should allow users to electronically identify and authenticate online and offline across borders for accessing a wide range of public and private services. Without prejudice to Member States’ prerogatives as regards the identification of their nationals and residents, Wallets can also serve the institutional needs of public administrations, international organisations and the Union’s institutions, bodies, offices and agencies. Offline use would be important in many sectors, including in the health sector where services are often provided through face-to-face interaction and ePrescriptions should be able to rely on QR-codes or similar technologies to verify authenticity. Relying on the level of assurance “high”, the European Digital Identity Wallets should benefit from the potential offered by tamper-proof solutions such as secure elements, to comply with the security requirements under this Regulation. The European Digital Identity Wallets should also allow users to create and use qualified electronic signatures and seals which are accepted across the EU. To achieve simplification and cost reduction benefits to persons and businesses across the EU, including by enabling powers of representation and e- mandates, Member States should issue European Digital Identity Wallets relying on common standards to ensure seamless interoperability and a high level of security. Only Member States’ competent authorities can provide a high degree of confidence in establishing the identity of a person and therefore provide assurance that the person claiming or asserting a particular identity is in fact the person he or she claims to be. It is therefore necessary that the European Digital Identity Wallets rely on the legal identity of citizens, other residents or legal entities. Trust in the European Digital Identity Wallets would be enhanced by the fact that issuing parties are required to implement appropriate technical and organisational measures to ensure a level of security commensurate to the risks raised for the rights and freedoms of the natural persons, in line with Regulation (EU) 2016/679.
2022/05/24
Committee: IMCO
Amendment 32 #

2021/0136(COD)

Proposal for a regulation
Recital 14
(14) Only Member States’ competent authorities may establish the identity of a person with a high degree of assurance and, therefore, guarantee that the person claiming or asserting a particular identity is in fact the person he or she claims to be. The process of notification of electronic identification schemes should be simplified and accelerated to promote the access to convenient, trusted, secure and innovative authentication and identification solutions and, where relevant, to encourage private identity providers to offer electronic identification schemes to Member States authorities for notification asto issue national electronic identity card schemes under Regulation 910/2014.
2022/05/24
Committee: IMCO
Amendment 33 #

2021/0136(COD)

Proposal for a regulation
Recital 14 a (new)
(14a) Penalties for negligence in protecting personal data by private identity providers or on consumer platforms and sites should be dissuasive so as to foster access to convenient, reliable, secure and innovative authentication and identification solutions.
2022/05/24
Committee: IMCO
Amendment 64 #

2021/0136(COD)

Proposal for a regulation
Article premier – paragraph 1 – point 3 – point i
EU 910/2014
Article 3
(46). ‘authentic source’ is a repository or system, held under the responsibility of a public sector body or private entity, that contains attributes about a natural or legal person and is considered to be the primary source of that information or recognised as authentic in national law;
2022/05/24
Committee: IMCO
Amendment 72 #

2021/0136(COD)

Proposal for a regulation
Article premier – paragraph 1 – point 7
EU 910/2014
Article 6a – paragraph 2 – point b
(b) under a mandate from a Member State by a European public organisation or company, based in Europe and which employs staff and pays a significant amount in taxes in Europe;
2022/05/24
Committee: IMCO
Amendment 105 #

2021/0136(COD)

Proposal for a regulation
Article premier – paragraph 1 – point 7
EU 910/2014
Article 6a – paragraph 7a
7a. Digital identity wallets shall not contain health data.
2022/05/24
Committee: IMCO
Amendment 106 #

2021/0136(COD)

Proposal for a regulation
Article premier – paragraph 1 – point 7
EU 910/2014
Article 6a – paragraph 7b
7b. Digital identity wallets should not be used as a means of discriminating between EU citizens.
2022/05/24
Committee: IMCO
Amendment 119 #

2021/0136(COD)

Proposal for a regulation
Article premier – paragraph 1 – point 7
EU 910/2014
Article 6b – paragraph 3
3. Relying parties shall be responsible for carrying out the procedure for authenticating person identification data and electronic attestation of attributes originating from European Digital Identity Wallets.
2022/05/24
Committee: IMCO
Amendment 123 #

2021/0136(COD)

Proposal for a regulation
Article premier – paragraph 1 – point 11
EU 910/2014
Article 10 b (new)
3a. Users of European Digital Identity Wallets should be ensured compensation for any undesirable situation related to their data, such as theft, loss, disclosure or use for purposes other than those originally intended. This liability should extend to all of the above situations, regardless of the provider's intentions or negligence (whether it is culpable or not).
2022/05/24
Committee: IMCO
Amendment 137 #

2021/0136(COD)

Proposal for a regulation
Article premier – paragraph 1 – point 16
EU 910/2014
Article 12 a – paragraph 3 a (new)
3a. It must be possible to check attributes without fully identifying the digital identity wallet holder.
2022/05/24
Committee: IMCO
Amendment 138 #

2021/0136(COD)

Proposal for a regulation
Article premier – paragraph 1 – point 16
EU 910/2014
Article 12 a – paragraph 3 b (new)
3b. The issuance and systematic use of EU-wide persistent unique identifiers gives rise to data protection and privacy risks for individuals. The use of privacy by design architectures should therefore be promoted by the Member States and the Commission.
2022/05/24
Committee: IMCO
Amendment 142 #

2021/0136(COD)

Proposal for a regulation
Article premier – paragraph 1 – point 16
EU 910/2014
Article 12 a – paragraph 5
5. The Commission shall make an assessment within 18 months after deployment of the European Digital Identity Wallets whether on the basis of evidence showing availability, security and usability of the European Digital Identity Wallet, additional private online service providers shall be mandated to accept the use of the European Digital identity Wallet strictly upon voluntary request of the user. Criteria of assessment may include extent of user base, cross-border presence of service providers, technological development, evolution in usage patterns. The Commission shall be empowered to adopt delegated acts based on this assessment, regarding a revision of the requirements for recognition of the European Digital Identity wallet under points 1 to 4 of this article.
2022/05/24
Committee: IMCO
Amendment 143 #

2021/0136(COD)

Proposal for a regulation
Article premier – paragraph 1 – point 17
EU 910/2014
Article 13 – paragraph 1
1. Notwithstanding paragraph 2 of this Article, tThe liability of trust service providers cannot be limited by an internal policy on service provision. Trust service providers shall be liable for damage caused intentionally or negligently to any natural or legal person due to a failure to comply with the obligations under this Regulation and with the cybersecurity risk management obligations under Article 18 of the Directive XXXX/XXXX [NIS2].;
2022/05/24
Committee: IMCO
Amendment 144 #

2021/0136(COD)

Proposal for a regulation
Article premier – paragraph 1 – point 18
EU 910/2014
Article 14 – paragraph 1
1. The Commission may not adopt implementing acts, in accordance with Article 48(2), setting out the conditions under which the requirements of a third country applicable to the trust service providers established in its territory and to the trust services they provide can be considered equivalent to the requirements applicable to qualified trust service providers established in the Union and to the qualified trust services they provide.
2022/05/24
Committee: IMCO
Amendment 146 #

2021/0136(COD)

Proposal for a regulation
Article premier – paragraph 1 – point 18
EU 910/2014
Article 14 – paragraph 2
2. Where the Commission has adopted an implementing act pursuant to paragraph 1 or concluded an international agreement on the mutual recognition of trust services in accordance with Article 218 of the Treaty, trust services provided by providers established in the third country concerned shall be considered equivalent to qualified trust services provided by qualified trust service providers established in the Union.;deleted
2022/05/24
Committee: IMCO
Amendment 153 #

2021/0136(COD)

Proposal for a regulation
Article premier – paragraph 1 – point 24
EU 910/2014
Article 23 – paragraph 2 a
2a. Paragraph 1 and 2 shall also apply to trust service providers established in third countries and to the services they provide, provided that they have been recognised in the Union in accordance with Article 14.;deleted
2022/05/24
Committee: IMCO
Amendment 159 #

2021/0136(COD)

Proposal for a regulation
Article premier – paragraph 1 – point 38
EU 910/2014
Article 45 – paragraph 2
2. Qualified certificates for website authentication referred to in paragraph 1 shall be recognised by web-browsers. For those purposes web-browsers shall ensure that the identity data provided using any of the methods is displayed in a user friendly manner. Web-browsers shall ensure support and interoperability with qualified certificates for website authentication referred to in paragraph 1, with the exception of enterprises, considered to be microenterprises and small enterprises in accordance with Commission Recommendation 2003/361/EC in the first 5 years of operating as providers of web- browsing services. This new digital identity framework does not prevent web browsers from undertaking additional security processes with due diligence to protect consumers and their reputation.
2022/05/24
Committee: IMCO
Amendment 165 #

2021/0136(COD)

Proposal for a regulation
Article premier – paragraph 1 – point 39
EU 910/2014
Article 45 b – paragraph 3
3. Personal data relating to the provision of qualified electronic attestation of attributes services shall be kept physically and logically in Europe, separate from any other data held.
2022/05/24
Committee: IMCO
Amendment 169 #

2021/0136(COD)

Proposal for a regulation
Article premier – paragraph 1 – point 40
(EU)910/2014
Article 48a – paragraph 2 – point a
(a) the number of natural and legal persons having a valid European Digital Identity Wallet;
2022/05/24
Committee: IMCO
Amendment 170 #

2021/0136(COD)

Proposal for a regulation
Article premier – paragraph 1 – point 40
EU 910/2014
Article 48 a – paragraph 2 – point c a (new)
(c a) The number of people who have suffered data theft; the number of companies that have reported data theft; the number of complaints to the authorities about a data breach (identity theft, data fraud, etc).
2022/05/24
Committee: IMCO
Amendment 172 #

2021/0136(COD)

Proposal for a regulation
Article premier – paragraph 1 – point 40
EU 910/2014
Article 48 a – paragraph 2 – point c b (new)
(c b) The most stringent sanctions imposed on companies during the year for failure to protect identity data (both within and outside the EU).
2022/05/24
Committee: IMCO
Amendment 176 #

2021/0136(COD)

Proposal for a regulation
Article premier – paragraph 1 – point 41
EU 910/2014
Article 49 – paragraph 2
2. The evaluation report shall include an assessment of the availability, security and usability of the identification means including European Digital Identity Wallets in scope of this Regulation and assess whether all online private service providers relying on third party electronic identification services for users authentication, shall be mandated to accept the use of notified electronic identification means and European
2022/05/24
Committee: IMCO
Amendment 178 #

2021/0136(COD)

Proposal for a regulation
Annex VI – paragraph 1 – introductory part
Further to Article 45d, Member States shall ensure that measures are taken to allow qualified providers of electronic attestations of attributes to verify by electronic means at the request of the user, the authenticity of the following attributes against the relevant authentic source at national level or via designated intermediaries recognised at national level, in accordance with national or Union law and in cases where these attributes rely on authentic sources stored in Europe within the public sector:
2022/05/24
Committee: IMCO
Amendment 180 #

2021/0136(COD)

Proposal for a regulation
Annex VI – paragraph 1 – point 2 a (new)
2a. Whether or not they are on the national register of paedophiles or sex offenders;
2022/05/24
Committee: IMCO
Amendment 186 #

2021/0136(COD)

Proposal for a regulation
Annex VI – paragraph 1 – point 9 a (new)
9a. Criminal records index;
2022/05/24
Committee: IMCO
Amendment 47 #

2021/0114(COD)

Proposal for a regulation
Recital 17
(17) Where the Commission examines a foreign subsidy on its own initiative, it should have the power to impose redressive measures on an undertaking to remedy any distortion caused by a foreign subsidy in the internal market. Redressive measures should be proportionate and suitable to remedy the distortion at stake. They should include behavioural or structural remedies or the repayment of the foreign subsidy. This process should be transparent for the public;
2022/02/02
Committee: IMCO
Amendment 48 #

2021/0114(COD)

Proposal for a regulation
Recital 18
(18) The undertaking concerned should have the possibility to offer commitments in order to remedy the distortion caused by the foreign subsidy. If the Commission considers that the commitments offered fully and effectively remedy the distortion, it could accept them and make them binding by public decision.
2022/02/02
Committee: IMCO
Amendment 52 #

2021/0114(COD)

Proposal for a regulation
Recital 25
(25) The Commission should close the in-depth investigation by adopting a publicly accessible decision.
2022/02/02
Committee: IMCO
Amendment 56 #

2021/0114(COD)

Proposal for a regulation
Recital 1
(1) A strong, open and competitive internal market enables both European and foreign undertakings to compete on merits. The Union benefits from a sophisticated and effective system of State aid control, aiming at ensuring fair conditions for all undertakings engaging in any economic activity in the internal market. This State aid control system prevents Member States from granting State aid that unduly distorts competition in the internal market.
2022/02/11
Committee: INTA
Amendment 64 #

2021/0114(COD)

Proposal for a regulation
Recital 6
(6) Rules and procedures to investigate foreign subsidies that actually or potentially distort the internal market should be laid down and, where relevant, those distortions should be redressed. Foreign subsidies could distort the internal market if the undertaking benefitting from the foreign subsidy engages in any economic activity in the Union. This Regulation should therefore establish rules for all undertakings engaging in any economic activity in the Union. Given the significance of the economic activities pursued by SMEs, and their contribution to the fulfilment of the Union’s key policy goals, special attention is given to the impact of this Regulation on them.
2022/02/11
Committee: INTA
Amendment 67 #

2021/0114(COD)

Proposal for a regulation
Recital 7
(7) To ensure a level playing field throughout the internal market and consistency in the application of this Regulation, the Commission should be the sole authority competent to apply this Regulation, in close cooperation with Member States. The Commission should have the power to examine any foreign subsidy to the extent it is in the scope of this Regulation in any sector of the economy on its own initiative relying on information from all available sources. To ensure effective control, in the specific case of large concentrations (mergers and acquisitions) and public procurement procedures above certain thresholds, the Commission should have the power to review foreign subsidies based on a prior notification by the undertaking to the Commission. The Commission shall consult and inform Member States and the Parliament in all stages of the process in due time.
2022/02/11
Committee: INTA
Amendment 72 #

2021/0114(COD)

Proposal for a regulation
Recital 9
(9) There should be a financial contribution or any other advantage provided, directly or indirectly, by the public authorities of a third country. The financial contribution or advantage may be granted through public or private entities. Whether a public entity provides a financial contribution or advantage should be determined on a case-by-case basis with due regard to elements such as the characteristics of the relevant entity and the legal and economic environment prevailing in the country in which the entity operates including the government’s role in the economy. Financial contributions or advantage may also be granted through a private entity if its actions can be attributed to the third country.
2022/02/11
Committee: INTA
Amendment 79 #

2021/0114(COD)

Proposal for a regulation
Recital 10
(10) Such a financial contribution or advantage should confer a benefit to any undertaking engaging in an economic activity in the internal market. A financial contribution or advantage that benefits an entity engaging in non- economic activities does not constitute a foreign subsidy. The existence of a benefit should be determined on the basis of comparative benchmarks, such as the investment practice of private investors, rates for financing obtainable on the market, a comparable tax treatment, or the adequate remuneration for a given good or service.. If no directly comparable benchmarks are available, existing benchmarks could be adjusted or alternative benchmarks could be established based on generally accepted assessment methods.
2022/02/11
Committee: INTA
Amendment 94 #

2021/0114(COD)

Proposal for a regulation
Recital 16
(16) The Commission should take into account the positive effects of the foreign subsidy on the development of the relevant subsidised economic activity. The Commission should weigh these positive effects against the negative effects of a foreign subsidy in terms of distortion on the internal market in order to determine, if applicable, the appropriate redressive measure or accept commitments. The balancing may also lead to the conclusion that no redressive measures should be imposed. Categories of foreign subsidies that are deemed most likely to distort the internal market are less likely to have more positive than negative effects. The Commission shall, in close cooperation with Member States, develop and publish guidelines on the application of the balancing test.
2022/02/11
Committee: INTA
Amendment 98 #

2021/0114(COD)

Proposal for a regulation
Recital 19
(19) The undertaking concerned could offer to repay the subsidy, together with appropriate interest. The Commission shouldmay accept a repayment offered as a commitment if it can ascertain that the repayment fully remedies the distortion, is executed in a transparent manner and is effective in practice, while taking into account the risk of circumvention of the objectives of this Regulation.
2022/02/11
Committee: INTA
Amendment 105 #

2021/0114(COD)

Proposal for a regulation
Recital 21
(21) The Commission should have the power, on its own initiative, to examine any information on foreign subsidies, received from any relevant source, including Member States.. To this end, it is necessary to establish a procedure consisting of two steps, namely a preliminary review and an in-depth investigation.
2022/02/11
Committee: INTA
Amendment 114 #

2021/0114(COD)

Proposal for a regulation
Article 6 – paragraph 6 a (new)
(6a) If an undertaking does not make commitments or take redressive measures, this may lead to exclusion from the market.
2022/02/02
Committee: IMCO
Amendment 118 #

2021/0114(COD)

Proposal for a regulation
Recital 28
(28) Given the potentially significant impact of concentrations on the internal market, the Commission should have the power, upon notification, to examine information on foreign financial contributionsubsidies in the context of a proposed concentration. Undertakings should not be allowed to implement the concentration prior to the conclusion of the Commission’s review.
2022/02/11
Committee: INTA
Amendment 125 #

2021/0114(COD)

Proposal for a regulation
Recital 31
(31) Below the notification thresholds, the Commission itself or upon request from a Member State, could require the notification of potentially subsidised concentrations that were not yet implemented or the notification of potentially subsidised bids prior to the award of a public contract, if it considers that the concentration or the bid would merit ex-ante review given their impact in the Union. The Commission should also have the possibility to carry out a review on its own initiative of already implemented concentrations or awarded public contracts.
2022/02/11
Committee: INTA
Amendment 134 #

2021/0114(COD)

Proposal for a regulation
Recital 33
(33) The need to address distortive foreign subsidies is especially salient in public procurement, given its economic significance in the internal market and the fact that it is financed by taxpayer funds. The Commission should have the power, upon notification prior to the award of a public contract or concession, to examine information on foreign financial contributionsubsidies to the participating undertakings in the context of a public procurement procedure. Prior notifications should be mandatory above a threshold set in this Regulation to capture economically significant cases while minimising the administrative burden and not hindering the participation of SMEs in public procurement. That obligation of prior notification above a threshold should also apply to groups of economic operators referred to in Article 26(2) of Directive 2014/23/EU of the European Parliament and of the Council40 , Article 19(2) of Directive 2014/24/EU of the European Parliament and of the Council41 and Article 37(2) of Directive 2014/25/EU of the European Parliament and of the Council42 . It should also apply to the main subcontractors and the main suppliers of undertaking. _________________ 40 Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (OJ L 94, 28.3.2014, p. 1). 41 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65). 42 Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243).
2022/02/11
Committee: INTA
Amendment 136 #

2021/0114(COD)

Proposal for a regulation
Article 27 – paragraph 2
(2) For the purpose of Article 28, a notifiable foreign financial contribution in an EU public procurement procedure shall be deemed to arise where the estimated value of that public procurement is equal or greater than EUR 25100 million.
2022/02/02
Committee: IMCO
Amendment 138 #

2021/0114(COD)

Proposal for a regulation
Recital 34
(34) When a foreign financial contributionsubsidy is notified in the context of a public procurement procedure, the assessment should be limited to that procedure.
2022/02/11
Committee: INTA
Amendment 144 #

2021/0114(COD)

Proposal for a regulation
Recital 37
(37) Taking into account the nature of the ex ante review mechanism for concentrations and public procurement awards, and the need for legal certainty regarding these specific transactions, a concentration or public procurement tender notified and assessed under the respective procedures cannot be reviewed again by the Commission on its own initiative. Financial contributions or advantage of which the Commission was informed through the notification procedure may however also be relevant outside the concentration or procurement procedure. In order to gather information on foreign subsidies, the Commission should have the possibility to launch investigations regarding specific sectors of the economy, particular types of economic activity or the use of particular foreign subsidy instruments.
2022/02/11
Committee: INTA
Amendment 145 #

2021/0114(COD)

Proposal for a regulation
Article 28 – paragraph 2
(2) The obligation to notify foreign financial contributions under this paragraph shall extend to economic operators, groups of economic operators referred to in Article 26(2) of Directive 2014/23/EU, Article 19(2) of Directive 2014/24/EU and Article 37(2) of Directive 2014/25/EU, main subcontractors and main suppliers. A subcontractor or supplier shall be deemed to be main where their participation ensures key elements of the contract performance and in any case where the economic share of their contribution exceeds 320% of the estimated value of the contract.
2022/02/02
Committee: IMCO
Amendment 153 #

2021/0114(COD)

Proposal for a regulation
Recital 47
(47) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission in accordance with Article 291 of the Treaty. Those powers should be exercised to set out the form and content of notifications of concentrations as well as of financial contributionoreign subsidies in the context of public procurement procedures, details of disclosure, form and content of transparency requirements, calculation of time-limits, conditions and time-limits for commitments and detailed rules on the procedural steps concerning investigations regarding public procurement procedures. Those powers should be exercised in accordance with Regulation (EU) No 182/2011.
2022/02/11
Committee: INTA
Amendment 158 #

2021/0114(COD)

Proposal for a regulation
Article 29 – paragraph 2
(2) The Commission shall carry out a preliminary review no later than 630 days after it received the notification.
2022/02/02
Committee: IMCO
Amendment 160 #

2021/0114(COD)

Proposal for a regulation
Recital 48
(48) In order to ensure a level playing field on the internal market also in the long term, with a view to ensuring adequate coverage of cases investigated both through notifications as well as ex officio, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of amending the notification thresholds for concentrations and for public procurement procedures, exempting certain categories of undertakings from the notification obligations under this Regulation, as well as amending the time limits for the preliminary review and the in-depth investigations of notified concentrations or notified financial contributionoreign subsidies in the context of a public procurement procedure. In relation to financial contributionoreign subsidies in the context of a public procurement procedure, the power to adopt such acts should be exercised in a way that takes into account the interests of SMEs. It is of particular importance that the Commission carries out appropriate consultations during the preparations of those acts, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making47 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council should receive all documents at the same time as Member States' experts, and their experts systematically should have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 47 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission of 13 April 2016 on Better Law-Making (OJ L 123, 12.5.2016, p. 1).
2022/02/11
Committee: INTA
Amendment 163 #

2021/0114(COD)

Proposal for a regulation
Article 29 – paragraph 4
(4) The Commission may adopt a decision closing the in-depth investigation no later than 200 days after it received the notification. In exceptional circumstances, this time limit may be extended for 60 days after consultation with the concerned contracting authority or contracting entity.
2022/02/02
Committee: IMCO
Amendment 163 #

2021/0114(COD)

Proposal for a regulation
Recital 49
(49) Where a concentration is notifiable pursuant to this Regulation, financial contributionsoreign subsidy to any of the parties to the concentration granted in the three years prior to the date of application of this Regulation should fall within the scope of this Regulation. In the context of a public procurement procedure, this Regulation should also apply to a financial contributionoreign subsidy granted to an undertaking in the three years prior to the date of application of this Regulation,
2022/02/11
Committee: INTA
Amendment 164 #

2021/0114(COD)

Proposal for a regulation
Article 1 – paragraph 2
(2) This Regulation addresses foreign subsidies grantedconferring an advantage to an undertaking engaging in an economic activity in the internal market. Such advantage is deemed to exist from any moment it can cause distortions, including prior to the actual receipt of, or entitlement to, the subsidy by the beneficiary. An undertaking acquiring control or merging with any undertaking established in the Union or an undertaking participating in a public procurement procedure is considered to be engaging in an economic activity in the internal market.
2022/02/11
Committee: INTA
Amendment 167 #

2021/0114(COD)

(1) For the purpose of this Regulation, a foreign subsidy shall be deemed to exist where a third country provides a financial contribution or any other advantage which confers a benefit to any undertaking engaging in an economic activity in the internal market and which is limited, in law or in fact, to an individual undertaking or industry or to several undertakings or industrieincluding any commercial interaction with a public or private operator, regardless of the place where the commercial interaction occurs, and which is limited, in law or in fact, to an individual undertaking or industry or to several undertakings or industries. Such advantage shall be considered to exist from the moment it first causes a disruption, even if it is prior to the beneficiary's receipt of the subsidy or being fully entitled to it. This may occur if the advantage is conditional or if there is a pattern of advantages granted to the latter beneficiary in similar situations.
2022/02/11
Committee: INTA
Amendment 170 #

2021/0114(COD)

Proposal for a regulation
Article 2 – paragraph 1 a (new)
(1 a) other advantages shall include regulatory requirements which are lower than those set in the Union as well as all economic benefits that could not be obtained on normal market conditions, such as:
2022/02/11
Committee: INTA
Amendment 172 #

2021/0114(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point a – introductory part
(a) a financial contribution shall include, inter alia:
2022/02/11
Committee: INTA
Amendment 183 #

2021/0114(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point a a (new)
(a a) other advantages shall include regulatory requirements which are lower than those in effect in the EU as well as all economic benefits that could not be obtained on normal market conditions - i.e.:without an intervention of subsidizing entities referred under (c) such as: (i) exclusive or special rights for the provision of goods or services in the third country or (ii) the benefit of a domestic captive market in the third country that can be attributed to the legal and economic environment prevailing in the third country and resulting in the de jure or de facto exclusion of competitors originating in the EU.
2022/02/11
Committee: INTA
Amendment 185 #

2021/0114(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point b – introductory part
(b) the financial contribution or any other advantage provided by the third country shall include the financial contribution or advantage provided by:
2022/02/11
Committee: INTA
Amendment 188 #

2021/0114(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point b – point iii
(iii) any private entity whose actions can be attributed to the third country, taking into account all relevant circumstances, or whose actions cannot clearly be demonstrated to be independent of government policies.
2022/02/11
Committee: INTA
Amendment 211 #

2021/0114(COD)

Proposal for a regulation
Article 3 – paragraph 2 a (new)
(2 a) The European Commission's findings of subsidies benefitting third country producers in a given sector made in relevant and recent Trade Defence Instruments (TDIs) investigations, or subsidies documented in reports published by international intergovernmental organizations shall constitute sufficient evidence of distortive subsidies to operators in the countries and sectors concerned having met the relevant threshold.
2022/02/11
Committee: INTA
Amendment 219 #

2021/0114(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point 4
(4) a foreign subsidy enabling an undertaking to submit an unduly advantageous tender, on the basis of which the undertaking would be awarded the public or private contract.
2022/02/11
Committee: INTA
Amendment 221 #

2021/0114(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point 4 a (new)
(4 a) all export financing subsidies granted by third countries which are not signatories to the OECD Arrangement on officially supported export credits where they cause a distortion in the internal market;
2022/02/11
Committee: INTA
Amendment 224 #

2021/0114(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point 4 b (new)
(4 b) all foreign subsidy to beneficiaries active in sectors which are characterized by structural excess capacity; featuring high-tech and/or dual-use products to a significant extent; or are designated as strategic by the government providing the subsidies.
2022/02/11
Committee: INTA
Amendment 225 #

2021/0114(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point 4 c (new)
(4 c) foreign subsidies to operators which have privileged and/or protected access to a significant non-EU market, especially if the non-EU market is the operator's domestic market.
2022/02/11
Committee: INTA
Amendment 233 #

2021/0114(COD)

Proposal for a regulation
Article 5 – paragraph 1
(1) The Commission shall, where warranted, balance the negative effects of a foreign subsidy in terms of distortion on the internal market with positive effects on the development of the relevant economic activity, based on the contribution of a foreign subsidy to the fulfilment of the objectives of the EU policies in the field concerned.
2022/02/11
Committee: INTA
Amendment 238 #

2021/0114(COD)

Proposal for a regulation
Article 5 – paragraph 2
(2) The Commission shall take into account the balancing between the negative and positive effects when deciding whether to impose redressive measures or to accept commitments, and the nature and level of those redressive measures or commitments. The general objective of tackling distortions created by foreign subsidies, in particular those which may endanger the preservation of a strong industrial base in the Union with sustainable and diversified supply chains, should be given special consideration.
2022/02/11
Committee: INTA
Amendment 243 #

2021/0114(COD)

Proposal for a regulation
Article 5 – paragraph 2 a (new)
(2 a) The Commission shall carry out a full, thorough and timely consultation of relevant Union industries affected by the distortions. The Commission may - in close cooperation with Member States and relevant stakeholders and industries affected by the distortions - publish guidelines on the application of this article, in order to further specify what constitutes a negative effect and the indicators used in the before-mentioned evaluation. The Parliament and the Council shall regularly be informed.
2022/02/11
Committee: INTA
Amendment 256 #

2021/0114(COD)

Proposal for a regulation
Article 6 – paragraph 3 – introductory part
(3) Commitments or redressive measures may consist of the following non-exhaustive list:
2022/02/11
Committee: INTA
Amendment 260 #

2021/0114(COD)

Proposal for a regulation
Article 6 – paragraph 3 – point b
(b) reducing capacity or market presence notably by means of temporary market access restrictions, temporary restrictions in the supply of goods or services in the internal market where the related economic activity is distorted as a result of foreign subsidies, taking into account sectorial specificities;
2022/02/11
Committee: INTA
Amendment 271 #

2021/0114(COD)

Proposal for a regulation
Article 6 – paragraph 6
(6) Where the undertaking concerned proposes to repay the foreign subsidy including an appropriate interest rate, the Commission shallmay accept such repayment as commitment if it can ascertain that the repayment is transparent and effective, while taking into account the risk of circumvention. However, the Commission may impose other redressive measures than the repayment in presence of major subsidies, strategic sectors and/or State owned or controlled companies.
2022/02/11
Committee: INTA
Amendment 275 #

2021/0114(COD)

Proposal for a regulation
Article 6 – paragraph 6 a (new)
(6 a) When choosing whether to accept commitments offered by the undertaking or which is the most appropriate and effective redressive measure to adopt, the Commission shall thoroughly consult affected Union industries, taking into account their sectoral specificities.
2022/02/11
Committee: INTA
Amendment 280 #

2021/0114(COD)

Proposal for a regulation
Article 7 – paragraph 1
The Commission may on its own initiative or upon request from a Member State or from the Union industry examine information from any source regarding alleged distortive foreign subsidies.
2022/02/11
Committee: INTA
Amendment 289 #

2021/0114(COD)

Proposal for a regulation
Article 8 – paragraph 1 – introductory part
(1) The Commission shall seek all the information it considers necessary to assess, on a preliminary basis, whether the financial contribution or advantage under examination constitutes a foreign subsidy and whether it distorts the internal market. To that end, the Commission may in particular:
2022/02/11
Committee: INTA
Amendment 295 #

2021/0114(COD)

Proposal for a regulation
Article 8 – paragraph 2 – point c a (new)
(c a) Where appropriate, set interim measures in accordance with article 10
2022/02/11
Committee: INTA
Amendment 302 #

2021/0114(COD)

Proposal for a regulation
Article 9 – paragraph 1
(1) During the in-depth investigation, the Commission shall further assess the foreign subsidy distorting the internal market that has been identified in the decision to initiate the in-depth investigation, seeking all the information it considers necessary in accordance with Articles 11, 12 and 13. The Commission shall report to the Parliament and the Council on the results of the investigation.
2022/02/11
Committee: INTA
Amendment 309 #

2021/0114(COD)

Proposal for a regulation
Article 10 – paragraph 1 – introductory part
The Commission may take interim measures, including during the preliminary review period, where:
2022/02/11
Committee: INTA
Amendment 312 #

2021/0114(COD)

Proposal for a regulation
Article 10 – paragraph 1 – point 1
(1) there are indications that a financial contribution or advantage constitutes a foreign subsidy and distorts the internal market; and
2022/02/11
Committee: INTA
Amendment 315 #

2021/0114(COD)

Proposal for a regulation
Article 10 – paragraph 1 – point 2
(2) there is a serious risk of substantial and irreparable damage to competition on the internal market. Such serious risk is likely to occur in the case of subsidies operators in sectors which are targeted by national strategic plans in third countries or are otherwise considered strategic, affected by structural excess capacities, or dominated by the presence of State-owned enterprises in the country granting the subsidies.
2022/02/11
Committee: INTA
Amendment 352 #

2021/0114(COD)

Proposal for a regulation
Article 14 – paragraph 3
(3) Where an undertaking concerned, including a public undertaking which is directly or indirectly controlled by the State, fails to provide the necessary information to determine whether a financial contribution or advantage confers a benefit to it, that undertaking may be deemed to have received such benefit.
2022/02/11
Committee: INTA
Amendment 354 #

2021/0114(COD)

Proposal for a regulation
Article 14 – paragraph 4 a (new)
(4 a) In all cases of non full cooperation, the concerned subsidies shall be considered to have distortive effects and to concern a limited group of beneficiaries.
2022/02/11
Committee: INTA
Amendment 362 #

2021/0114(COD)

Proposal for a regulation
Article 15 – paragraph 6 a (new)
(6 a) The Commission may consult the Member States concerned as well as Union industries affected, in order to assess whether a fine or periodic penalty payment -or a combination of both- is an appropriate measure.
2022/02/11
Committee: INTA
Amendment 370 #

2021/0114(COD)

Proposal for a regulation
Article 18 – paragraph 3 – point a
(a) the acquired undertaking or at least one of the merging undertakings is established in the Union and generates an aggregate turnover in the Union of at least EUR 2500 million; and
2022/02/11
Committee: INTA
Amendment 378 #

2021/0114(COD)

Proposal for a regulation
Article 18 – paragraph 3 – point b
(b) the undertakings concerned received from third countries an aggregate financial contributionaggregate foreign subsidies in the three calendar years prior to notification of more than EUR 50 million.
2022/02/11
Committee: INTA
Amendment 383 #

2021/0114(COD)

Proposal for a regulation
Article 18 – paragraph 4 – point a
(a) the joint venture is contemplated to be active in the Union and the joint venture itself or one of its parent undertakings is established in the Union and generates an aggregate turnover in the Union of at least EUR 500 million; and
2022/02/11
Committee: INTA
Amendment 387 #

2021/0114(COD)

Proposal for a regulation
Article 18 – paragraph 4 – point b
(b) the joint venture itself and its parent undertakings received from third countries an aggregate financial contributionaggregate foreign subsidies in the three calendar years prior to notification of more than EUR 50 million.
2022/02/11
Committee: INTA
Amendment 391 #

2021/0114(COD)

Proposal for a regulation
Article 19 – paragraph 5
(5) The Commission may request the prior notification of any concentration which is not a notifiable concentration within the meaning of Article 18 at any time prior to its implementation where the Commission suspects that the undertakings concerned may have benefitted from foreign subsidies in the three years prior to the concentration. That concentration shall be deemed to be a notifiable concentration for the purposes of this Regulation.deleted
2022/02/11
Committee: INTA
Amendment 398 #

2021/0114(COD)

Proposal for a regulation
Article 22 – title
Aggregation of financial contributionoreign subsidies
2022/02/11
Committee: INTA
Amendment 399 #

2021/0114(COD)

Proposal for a regulation
Article 22 – paragraph 1
The aggregate financial contributionoreign subsidies to an undertaking concerned shall be calculated by adding together the respective financial contributionoreign subsidies received from third countries by all undertakings referred to in Article 21(4), points (a) to (e).
2022/02/11
Committee: INTA
Amendment 405 #

2021/0114(COD)

Proposal for a regulation
Article 24 – paragraph 2
(2) The Commission may initiate an in- depth investigation under Article 8(2) no later than 25 working days after receipt of the complete notification, and shall publish a notice of initiation in the Official Journal of the European Union, which invites interested parties, Member States and the third country concerned to express their views in writing within a prescribed period of time. The interested parties which have made themselves known, shall be heard within the period prescribed in the latter published notice, making a written request for a hearing and showing that they are an interested party likely to be affected by the result of the proceedings. Opportunities shall, on request, be provided to interested parties so that opposing views may be presented and rebuttal arguments offered.
2022/02/11
Committee: INTA
Amendment 426 #

2021/0114(COD)

Proposal for a regulation
Article 27 – paragraph 2
(2) For the purpose of Article 28, a notifiable foreign financial contributionsubsidies in an EU public procurement procedure shall be deemed to arise where the estimated value of that public procurement is equal or greater than EUR 250 million.
2022/02/11
Committee: INTA
Amendment 428 #

2021/0114(COD)

Proposal for a regulation
Article 28 – title
Prior notification of foreign financial contributionsubsidies in the context of public procurement procedures
2022/02/11
Committee: INTA
Amendment 432 #

2021/0114(COD)

Proposal for a regulation
Article 28 – paragraph 1
(1) When submitting a tender or a request to participate in a public procurement procedure, undertakings shall either notify to the contracting authority or the contracting entity all foreign financial contributionsubsidies received in the three years preceding that notification or confirm in a declaration that they did not receive any foreign financial contributionsubsidies in the last three years. Undertakings which do not submit such information or declaration shall not be awarded the contract. The notification must take place when submitting a request for prequalification for public procurement procedures which include a prequalification stage before the tendering phase.
2022/02/11
Committee: INTA
Amendment 440 #

2021/0114(COD)

Proposal for a regulation
Article 28 – paragraph 2
(2) The obligation to notify foreign financial contributionsubsidies under this paragraph shall extend to economic operators, groups of economic operators referred to in Article 26(2) of Directive 2014/23/EU, Article 19(2) of Directive 2014/24/EU and Article 37(2) of Directive 2014/25/EU, main subcontractors and main suppliers. A subcontractor or supplier shall be deemed to be main where their participation ensures key elements of the contract performance and in any case where the economic share of their contribution exceeds 30% of the estimated value of the contract.
2022/02/11
Committee: INTA
Amendment 441 #

2021/0114(COD)

Proposal for a regulation
Article 28 – paragraph 5
(5) Where the undertaking, economic operators or groups of economic operators referred to in paragraph 1 fail to notify a foreign financialsubsidies contribution, or where such a notification is not transferred to the Commission, the Commission may initiate a review.
2022/02/11
Committee: INTA
Amendment 446 #

2021/0114(COD)

Proposal for a regulation
Article 28 – paragraph 6
(6) Where the Commission suspects that an undertaking may have benefitted from foreign subsidies in the three years prior to the submission of the tender or request to participate in the public procurement procedure, it may request the notification of the foreign financial contributionsubsidies received by that undertaking in any public procurement procedure which are not notifiable under Article 27(2) or fall within the scope of paragraph 5 of this Article, at any time before the award of the contract. Once the Commission has requested -itself or upon request of a Member State- the notification of such a financial contributionsubsidies, it is deemed to be a notifiable foreign financial contributionsubsidy in a public procurement procedure.
2022/02/11
Committee: INTA
Amendment 449 #

2021/0114(COD)

Proposal for a regulation
Article 29 – title
Procedural rules applicable to the preliminary review and the in-depth investigation of notified financial contributionoreign subsidies in public procurement procedures
2022/02/11
Committee: INTA
Amendment 450 #

2021/0114(COD)

Proposal for a regulation
Article 29 – paragraph 1
(1) Articles 8, 9 (1), (3) and (4), 11, 12, 13, 14, 16 and 22 shall apply to notified financial contributionoreign subsidies in public procurement procedures.
2022/02/11
Committee: INTA
Amendment 453 #

2021/0114(COD)

Proposal for a regulation
Article 29 – paragraph 2
(2) The Commission shall carry out a preliminary review no later than 630 days after it received the notification.
2022/02/11
Committee: INTA
Amendment 460 #

2021/0114(COD)

Proposal for a regulation
Article 29 – paragraph 4
(4) The Commission may adopt a decision closing the in-depth investigation no later than 2100 days after it received the notification. In exceptional circumstances, this time limit may be extended after consultation with the concerned contracting authority or contracting entity.
2022/02/11
Committee: INTA
Amendment 466 #

2021/0114(COD)

Proposal for a regulation
Article 29 a (new)
Article 29 a Aggregation of financial contributions The aggregate financial contribution to an undertaking concerned shall be calculated by adding together the respective financial contributions received from third countries by all undertakings referred to in Article 21(4), points (a) to (e).
2022/02/11
Committee: INTA
Amendment 481 #

2021/0114(COD)

Proposal for a regulation
Article 32 – title
Fines and periodic penalty payments applicable to financial contributionoreign subsidies in the context of public procurement procedures
2022/02/11
Committee: INTA
Amendment 483 #

2021/0114(COD)

Proposal for a regulation
Article 33 – paragraph 1
(1) A financial contributionoreign subsidy notified in the context of a concentration under Article 19 may be relevant and assessed again in relation to another economic activity.
2022/02/11
Committee: INTA
Amendment 484 #

2021/0114(COD)

Proposal for a regulation
Article 33 – paragraph 2
(2) A financial contributionoreign subsidy notified in the context of a public procurement procedure under Article 28 may be relevant and assessed again in relation to another economic activity.
2022/02/11
Committee: INTA
Amendment 493 #

2021/0114(COD)

Proposal for a regulation
Article 35 – paragraph 1
(1) The powers of the Commission under Article 9 shall be subject to a limitation period of ten years, starting onfrom the day on which a foreign subsidy is granted to the undertaking concernedlater of the actual moment of receipt of the subsidy or moment at which the related distortion first appears in the EU. Any action taken by the Commission under Articles 8, 11, 12, 13 or 134 with respect to a foreign subsidy shall interrupt the limitation period. After each interruption, the limitation period shall start to run afresh.
2022/02/11
Committee: INTA
Amendment 499 #

2021/0114(COD)

Proposal for a regulation
Article 38 – paragraph 1
(1) The Commission shall, before adopting a decision pursuant to Articles 9, 15, 24(3) point (c), 25, 30(2) or 32 give all the interested parties likely yo be affected by the result of the proceeding -such as the undertaking concerned- the opportunity to submit observationsaccess the relevant documentation, submit observations and provide relevant evidence on the grounds on which the Commission intends to adopt its decision.
2022/02/11
Committee: INTA
Amendment 501 #

2021/0114(COD)

Proposal for a regulation
Article 40 – paragraph 7
(7) An investigation pursuant to this Regulation shall not be carried out and measures shall not be imposed or maintained where such investigation or measures would be contrary to the Union’s obligations emanating from any relevant international agreement it has entered into. In particular, no action shall be taken under this Regulation which would amount to a specific action against a subsidy within the meaning of Article 32.1 of the Agreement on Subsidies and Countervailing Measures. This Regulation shall not prevent the Union from exercising its rights or fulfilling its obligations under international agreements, except where the third country granting the subsidy is not a WTO Member or where the Commission has well-founded indications that the third country granting the subsidy is in substantial non-compliance with notification obligations under the Agreement on Subsidies and Countervailing Measures or under other international agreements, at least with regard to the sector concerned. Provided that, regardless of the sector involved, actions may always be taken under this Regulation in relation to foreign subsidies which cause distortions on the internal market in public procurement procedures or in relation to concentrations.
2022/02/11
Committee: INTA
Amendment 506 #

2021/0114(COD)

Proposal for a regulation
Article 42 – paragraph 1 – point b
(b) the form, content and procedural details of notifications of foreign financial contributionsubsidies in public procurement procedures pursuant to Article 28;
2022/02/11
Committee: INTA
Amendment 507 #

2021/0114(COD)

Proposal for a regulation
Article 42 – paragraph 1 – point f
(f) detailed rules on the application of redressive measures under article 6 and the conditions and time limits for proposing commitments under Article 30;
2022/02/11
Committee: INTA
Amendment 510 #

2021/0114(COD)

Proposal for a regulation
Article 44
(1) The Commission is empowered to adopt delegated acts for the purposes of: (a) amending the thresholds for notifications as set out in Articles 18 and 27, in the light of the practice of the Commission during the first five years of application of this Regulation, and taking into account the effectiveness of application; (b) exempting certain categories of undertakings concerned from the obligation to notify pursuant to Articles 19 and 28, in light of the practice of the Commission in the first five years of application of this Regulation, in case this practice allows to identify economic activities where foreign subsidies are unlikely to distort the internal market; (c) amending the timelines for review and in-depth investigations as set out in Articles 24 and 29. (2) Delegated acts referred to in paragraph 1 shall be adopted in accordance with Article 45.Article 44 deleted Delegated acts
2022/02/11
Committee: INTA
Amendment 518 #

2021/0114(COD)

Proposal for a regulation
Article 45
(1) The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. (2) The power to adopt delegated acts referred to in Article 44 shall be conferred on the Commission for an indeterminate period of time starting two years after the date of entry into force of this Regulation. (3) The delegation of power referred to in Article 44 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 on Better Law-Making of 13 April 2016. (5) As soon as it adopts aArticle 45 delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. (6) A delegated act adopted pursuant to Article 44 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.Exercise of the delegation
2022/02/11
Committee: INTA
Amendment 522 #

2021/0114(COD)

Proposal for a regulation
Article 46 – paragraph 1
Within fivthree years after the entry into force of this Regulation at the latest, and every two years thereafter, the Commission shall present a report to the European Parliament and the Council on the application and effectiveness of this Regulation, accompanied, where the Commission considers it appropriate, by relevant legislative proposals.
2022/02/11
Committee: INTA
Amendment 532 #

2021/0114(COD)

Proposal for a regulation
Article 47 – paragraph 2
(2) This Regulation shall apply to foreign financialsubsidies contributions granted in the three years prior to the date of application of this Regulation where such foreign financial contributions were granted to an undertaking notifying a concentration or notifying financial contributionoreign subsidies in the context of a public procurement procedure pursuant to this Regulation.
2022/02/11
Committee: INTA
Amendment 317 #

2021/0106(COD)

Proposal for a regulation
Recital 1
(1) The purpose of this Regulation is to improve the functioning of the internal market by laying down a uniform legal framework in particular for the development, marketing and use of artificial intelligence in conformity with Union values. This Regulation pursues a number of overriding reasons of public interest, such as a high level of protection of health, safety and fundamental rights, and it ensures the free movement of AI- based goods and services cross-border, thus preventing Member States from imposing restrictions on the development, marketing and use of AI systems, unless explicitly authorised by this Regulation and without prejudice to stricter national legislation governing the protection of fundamental rights.
2022/06/13
Committee: IMCOLIBE
Amendment 323 #

2021/0106(COD)

Proposal for a regulation
Recital 2
(2) Artificial intelligence systems (AI systems) can be easily deployed in multiple sectors of the economy and society, including cross border, and circulate throughout the Union. Certain Member States have already explored the adoption of national rules to ensure that artificial intelligence is safe and is developed and used in compliance with fundamental rights obligations. Differing national rules may lead to fragmentation of the internal market and decrease legal certainty for operators that develop or use AI systems. A minimum, consistent and high level of protection throughout the Union should therefore be ensured, while divergences hampering the free circulation of AI systems and related products and services within the internal market should be prevented, by laying down uniform obligations for operators and guaranteeing the uniform protection of overriding reasons of public interest and of rights of persons throughout the internal market based on Article 114 of the Treaty on the Functioning of the European Union (TFEU). To the extent that this Regulation contains specific rules on the protection of individuals with regard to the processing of personal data concerning restrictions of the use of AI systems for ‘real-time’ remote biometric identification in publicly accessible spaces for the purpose of law enforcement, it is appropriate to base this Regulation, in as far as those specific rules are concerned, on Article 16 of the TFEU. In light of those specific rules and the recourse to Article 16 TFEU, it is appropriate to consult the European Data Protection Board.
2022/06/13
Committee: IMCOLIBE
Amendment 361 #

2021/0106(COD)

Proposal for a regulation
Recital 6
(6) The notion of AI system should be clearly defined to ensure legal certainty, while providing the flexibility to accommodate future technological developments. The definition should be based on the key functional characteristics of the software, in particular the ability, for a given set of human-defined objectivesobjectives or parameters which have human control at their origin, to generate outputs such as content, predictions, recommendations, or decisions which influence the environment with which the system interacts, be it in a physical or digital dimension. AI systems can be designed to operate with varying levels of autonomy and be used on a stand- alone basis or as a component of a product, irrespective of whether the system is physically integrated into the product (embedded) or serve the functionality of the product without being integrated therein (non-embedded). The definition of AI system should be complemented by a list of specific techniques and approaches used for its development, which should be kept up-to–date in the light of market and technological developments through the adoption of delegated acts by the Commission to amend that list. These delegated acts should consist only of additions to the list of techniques used.
2022/06/13
Committee: IMCOLIBE
Amendment 381 #

2021/0106(COD)

Proposal for a regulation
Recital 9
(9) For the purposes of this Regulation the notion of publicly accessible space should be understood as referring to any physical place that is accessible to the public, irrespective of whether the place in question is privately or publicly owned. Therefore, the notion does not cover places that are private in nature and normally not freely accessible for third parties, including law enforcement authorities, unless those parties have been specifically invited or authorised, such as homes, private clubs, offices, warehouses and factories. Online spaces are not covered either, as they are not physical spaces. However, the mere fact that certain conditions for accessing a particular space may apply, such as admission tickets or age restrictions, does not mean that the space is not publicly accessible within the meaning of this Regulation. Consequently, in addition to public spaces such as streets, relevant parts of government buildings and most transport infrastructure, spaces such as cinemas, theatres, shops and shopping centres are normally also publicly accessible. Whether a given space is accessible to the public should however be determined on a case-by-case basis by the competent judicial or administrative authority, having regard to the specificities of the individual situation at hand.
2022/06/13
Committee: IMCOLIBE
Amendment 389 #

2021/0106(COD)

Proposal for a regulation
Recital 11
(11) In light of their digital nature, certain AI systems should fall within the scope of this Regulation even when they are neither placed on the market, nor put into service, nor used in the Union. This is the case for example of an operator established in the Union that contracts certain services to an operator established outside the Union in relation to an activity to be performed by an AI system that would qualify as high-risk and whose effects impact natural persons located in the Union. In those circumstances, the AI system used by the operator outside the Union could process data lawfully collected in and transferred from the Union, and provide to the contracting operator in the Union the output of that AI system resulting from that processing, without that AI system being placed on the market, put into service or used in the Union. To prevent the circumvention of this Regulation and to ensure an effective protection of natural persons located in the Union, this Regulation should also apply to providers and users of AI systems that are established in a third country, to the extent the output produced by those systems is used in the Union. Nonetheless, to take into account existing arrangements and special needs for cooperation with foreign partners with whom information and evidence is exchanged, this Regulation should not apply to public authorities of a third country and international organisations when acting in the framework of international agreements concluded at national or European level for law enforcement and judicial cooperation with the Union or with its Member States. Such agreements have been concluded bilaterally between Member States and third countries or between the European Union, Europol and other EU agencies and third countries and international organisations.
2022/06/13
Committee: IMCOLIBE
Amendment 398 #

2021/0106(COD)

Proposal for a regulation
Recital 12
(12) This Regulation should also apply to Unionthe institutions, offices, bodibodies, offices and agencies when acting as a provider or user of an AI systemof the Union. AI systems exclusively developed or used for military purposes should be excluded from the scope of this Regulation where that use falls under the exclusive remit of the Common Foreign and Security Policy regulated under Title V of the Treaty on the European Union (TEU). This Regulation should be without prejudice to the provisions regarding the liability of intermediary service providers set out in Directive 2000/31/EC of the European Parliament and of the Council [as amended by the Digital Services Act].
2022/06/13
Committee: IMCOLIBE
Amendment 410 #

2021/0106(COD)

Proposal for a regulation
Recital 13
(13) In order to ensure a consistent and high level of protection of public interests as regards health, safety and fundamental rights, minimum common normative standards for all high-risk AI systems should be established. Those standards should be consistent with the Charter of fundamental rights of the European Union (the Charter) and should be non- discriminatory and in line with the Union’s international trade commitments.
2022/06/13
Committee: IMCOLIBE
Amendment 412 #

2021/0106(COD)

Proposal for a regulation
Recital 14
(14) In order to introduce a proportionate and effective set of binding rules for AI systems, a clearly defined risk- based approach should be followed. That approach should tailor the type and content of such rules to the intensity and scope of the risks that AI systems can generate. It is therefore necessary to prohibit certain artificial intelligence practices, to lay down requirements for high-risk AI systems and obligations for the relevant operators, and to lay down transparency obligations for certain AI systems. It is also necessary to establish the criteria and conditions which determinine the category to which an AI system belongs.
2022/06/13
Committee: IMCOLIBE
Amendment 416 #

2021/0106(COD)

Proposal for a regulation
Recital 15
(15) Aside from the many beneficial uses of artificial intelligence, that technology can also be misused and provide novel and powerful tools for manipulative, exploitative and social control practices. Such practices are particularly harmful and should be prohibited because they contradict Union the values of respect for human dignity, freedom, equality, democracy and the rule of law, which are protected values under EU law, and Union fundamental rights, including the right to non-discrimination, data protection and privacy and the rights of the child.
2022/06/13
Committee: IMCOLIBE
Amendment 426 #

2021/0106(COD)

Proposal for a regulation
Recital 16
(16) The placing on the market, putting into service or use of certain AI systems intended to distort human behaviour, whereby physical or psychological harms are likely to occur, should be forbidden. Such AI systems deploy subliminal components individuals cannot perceive or exploit vulnerabilities of children and people due to their age, physical or mental incapacities. They do so with the intention to materially distort the behaviour of a person and in a manner that causes or is likely to cause harm to that or another person. The intention may not be presumed if the distortion of human behaviour results from factors external to the AI system which are outside of the control of the provider or the userpeople such as children or people who are vulnerable due to their age, physical or mental incapacities, or other traits. Research for legitimate purposes in relation to such AI systems should not be stifled by the prohibition, if such research does not amount to use of the AI system in human- machine relations with uninformed or non-consenting third parties that exposes natural persons to harm and such research is carried out in accordance with recognised ethical standards for scientific research.
2022/06/13
Committee: IMCOLIBE
Amendment 432 #

2021/0106(COD)

Proposal for a regulation
Recital 17
(17) AI systems providing social scoring of natural persons for general purpose by public authorities or on their behalf may lead to discriminatory outcomes and the exclusion of certain groupsare, by definition, discriminatory. They may violate the right to dignity and non- discrimination and the values of equality and justice. Such AI systems evaluate or classify the trustworthiness of natural persons based on their social behaviour in multiple contexts or known or predicted personal or personality characteristics. The social score obtained from such AI systems may leads to the detrimental or unfavourable treatment of natural persons or whole groups thereof in social contexts, which are unrelated to the context in which the data was originally generated or collected or to a detrimental treatment that is disproportionate or unjustified to the gravity of their social behaviour. Such AI systems should be therefore prohibited.
2022/06/13
Committee: IMCOLIBE
Amendment 455 #

2021/0106(COD)

Proposal for a regulation
Recital 18
(18) The use of AI systems for ‘real- time’ remote biometric identification of natural persons in publicly accessible spaces for the purpose of law enforcement is considered particularly intrusive in the rights and freedoms of the concerned persons, to the extent that it may affects the private life of a large part of the population, evoke a feeling ofconstitutes constant surveillance and indirectly dissuades the exercise of the freedom of assembly and other fundamental rights. In addition, the immediacy of the impact and the limited opportunities for further checks or corrections in relation to the use of such systems operating in ‘real-time’ carry heightened risks for the rights and freedoms of the persons that are concerned by law enforcement activities.
2022/06/13
Committee: IMCOLIBE
Amendment 471 #

2021/0106(COD)

Proposal for a regulation
Recital 19
(19) The use of those systems for the purpose of law enforcement should therefore be prohibited, except in three exhaustively listed and narrowly defined situations, where the use is ad hoc and strictly necessary to achieve a substantial public interest, the importance of which outweighs the risks. Those situations involve the search for potential victims of crime, including missing children; certain threats to the life or physical safety of natural persons or of a terrorist attack; and the detection, localisation, identification or prosecution of perpetrators or suspects of the criminal offences referred to in Council Framework Decision 2002/584/JHA38if those criminal offences are punishable in the Member State concernedif they are punishable by a custodial sentence or a detention order for a maximum period of at least threen years and as they are defined in the law of thatin the Member State concerned. Such threshold for the custodial sentence or detention order in accordance with national law contributes to ensure that the offence should be serious enough to potentially justify the use of ‘real-time’ remote biometric identification systems. Moreover, of the 32 criminal offences listed in the Council Framework Decision 2002/584/JHA, some are in practice likely to be more relevant than others, in that the recourse to ‘real-time’ remote biometric identification will foreseeably be necessary and proportionateThe nature of the offences deemed sufficiently serious to justify a penalty up to thighly varying degrees for the practical pursuit of the detection, localisation, identification or prosecution of a perpetrator or suspect of the different criminal offences listed and having regard to the likely differences in the seriousness, probability and scale of the harm or possible negative consequences. _________________ 38 Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ L 190, 18.7.2002, p. 1)s threshold is a matter for the national legislation of each Member State in accordance with its own criminal law.
2022/06/13
Committee: IMCOLIBE
Amendment 505 #

2021/0106(COD)

Proposal for a regulation
Recital 23
(23) The use of AI systems for ‘real- time’ remote biometric identification of natural persons in publicly accessible spaces for the purpose of law enforcement necessarily involves the processing of biometric data. The rules of this Regulation that prohibit, subject to certain exceptions, such use, which are based on Article 16 TFEU, should apply as lex specialis in respect of the rules on the processing of biometric data contained in Article 10 of Directive (EU) 2016/680, thus regulating such use and the processing of biometric data involved in an exhaustive manner. Therefore, such use and processing should only be possible in as far as it is compatible with the framework set by this Regulation, without there being scope, outside that framework, for the competent authorities, where they act for purpose of law enforcement, to use such systems and process such data in connection thereto on the grounds listed in Article 10 of Directive (EU) 2016/680. In this context, this Regulation is not intended to provide the legal basis for the processing of personal data under Article 8 of Directive 2016/680. However, the use ofThe use of biometric identification systems, including ‘real-time’ remote biometric identification systems in publicly accessible spaces for purposes other than law enforcement, including by competent authorities, should not be covered by the specific framework regarding such use for the purpose of law enforcement set by this Regulation. Such use for purposes other than law enforcement should therefore not be subject to the requirement of an authorisation under this Regulation and the applicable detailed rules of national law that may give effect to itset by this Regulation, with the exception of customs formalities and individual authentication.
2022/06/13
Committee: IMCOLIBE
Amendment 526 #

2021/0106(COD)

Proposal for a regulation
Recital 27
(27) High-risk AI systems should only be placed on the Union market or put into service if they comply with certain mandatory requirements. Those requirements should ensure that high-risk AI systems available in the Union or whose output is otherwise used in the Union do not pose unacceptable risks to important Union public interests as recognised and protected by Union law. AI systems identified as high-risk should be limited to those that have a significant harmful impact on the health, safety and fundamental rights of persons in the Union, as well as the public order and national security of the Member States, and such limitation minimises any potential restriction to international trade, if any.
2022/06/13
Committee: IMCOLIBE
Amendment 536 #

2021/0106(COD)

Proposal for a regulation
Recital 31
(31) The classification of an AI system as high-risk pursuant to this Regulation should not necessarily mean that the product whose safety component is the AI system, or the AI system itself as a product, is considered ‘high-risk’ under the criteria established in the relevant Union harmonisation legislation that applies to the product. This is notably the case for Regulation (EU) 2017/745 of the European Parliament and of the Council47 and Regulation (EU) 2017/746 of the European Parliament and of the Council48, where a third-party conformity assessment is provided for medium-risk and high-risk products. However, the classification of an AI system as high risk for the sole purpose of this Regulation will apply to all products which use that AI system or which are themselves AI systems, irrespective of their classification under the sector-specific harmonisation legislation of the Union under which they are otherwise covered. _________________ 47 Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices, amending Directive 2001/83/EC, Regulation (EC) No 178/2002 and Regulation (EC) No 1223/2009 and repealing Council Directives 90/385/EEC and 93/42/EEC (OJ L 117, 5.5.2017, p. 1). 48 Regulation (EU) 2017/746 of the European Parliament and of the Council of 5 April 2017 on in vitro diagnostic medical devices and repealing Directive 98/79/EC and Commission Decision 2010/227/EU (OJ L 117, 5.5.2017, p. 176).
2022/06/13
Committee: IMCOLIBE
Amendment 555 #

2021/0106(COD)

Proposal for a regulation
Recital 34
(34) As regards the management and operation of critical infrastructure, iIt is appropriate to classify as high- risk the AI systems intended to be used as safety components in the management and operation of critical infrastructure such as road traffic andor the supply of water, gas, heating and electricity, since their failure or malfunctioning may put at risk the life and health of persons at large scale and lead to appreciable disruptions in the ordinary conduct of social and economic activities.
2022/06/13
Committee: IMCOLIBE
Amendment 558 #

2021/0106(COD)

Proposal for a regulation
Recital 35
(35) AI systems used in education or vocational training, notably for determining access or assigning persons to educational and vocational training institutions or to evaluate persons on tests as part of or as a precondition for their education should be considered high-risk, since they may determine the educational and professional course of a person’s life and therefore affect their ability to secure their livelihood. When improperly designed and used, such systems may violate the right to education and training as well as the right not to be discriminated against and perpetuate historical patterns of discrimination.
2022/06/13
Committee: IMCOLIBE
Amendment 562 #

2021/0106(COD)

Proposal for a regulation
Recital 36
(36) AI systems used in employment, workers management and access to self- employment, notably for the recruitment and selection of persons, for making decisions on promotion and termination and for task allocation, monitoring or evaluation of persons in work-related contractual relationships, should also be classified as high-risk, in so far as such use does not correspond to practices prohibited by this Regulation, since those systems may appreciably impact future career prospects and livelihoods of these persons. Relevant work-related contractual relationships should involve employees and persons providing services through platforms as referred to in the Commission Work Programme 2021. Such persons should in principle not be considered users within the meaning of this Regulation. Throughout the recruitment process and in the evaluation, promotion, or retention of persons in work-related contractual relationships, such systems may perpetuate historical patterns oflead to discrimination, for example against women, certain age groups, persons with disabilities, or persons of certain racial or ethnic origins or sexual orientation. AI systems used to monitor the performance and behaviour of these persons may also impact their rights to data protection and privacy.
2022/06/13
Committee: IMCOLIBE
Amendment 575 #

2021/0106(COD)

Proposal for a regulation
Recital 37
(37) Another area in which the use of AI systems deserves special consideration is the access to and enjoyment of certain essential private and public services and benefits necessary for people to fully participate in society or to improve one’s standard of living. In particular, AI systems used to evaluate the credit score or creditworthiness of natural persons should be classified as high-risk AI systems, in so far as such use does not correspond to practices prohibited by this Regulation, since they determine those persons’ access to financial resources or essential services such as housing, electricity, and telecommunication services. AI systems used for this purpose may lead to discrimination of persons or groups and perpetuate historical patterns of discrimination, for example based on racial or ethnic origins, disabilities, age, sexual orientation, or create new forms of discriminatory impacts. Considering the very limited scale of the impact and the available alternatives on the market, it is appropriate to exempt AI systems for the purpose of creditworthiness assessment and credit scoring when put into service by small- scale providers for their own use. Natural persons applying for or receiving public assistance benefits and services from public authorities are typically dependent on those benefits and services and in a vulnerable position in relation to the responsible authorities. If AI systems are used for determining whether such benefits and services should be denied, reduced, revoked or reclaimed by authorities, they maywill have a significant impact on persons’ livelihood and maywill infringe their fundamental rights, such as the right to social protection, non- discrimination, human dignity or an effective remedy. Those systems should therefore be classified as high-risk. Nonetheless, this Regulation should not hamper the development and use of innovative approaches in the public administration, which would stand to benefit from a wider use of compliant and safe AI systems, provided that those systems do not entail a high risk to legal and natural personallow for experimentation in the public administration, in a regulatory sandbox, with innovative approaches which would stand to benefit from a wider use of compliant and safe AI systems, in accordance with the established rules. Finally, AI systems used to dispatch or establish priority in the dispatching of emergency first response services should also be classified as high- risk sincebe prohibited as they make decisions in very critical situations for the life and health of persons and their property, and such ethical choices should not be given over to computer systems.
2022/06/13
Committee: IMCOLIBE
Amendment 580 #

2021/0106(COD)

Proposal for a regulation
Recital 38
(38) Actions by law enforcement authorities involving certain uses of AI systems are characterised by a significant degree of power imbalance and may lead to surveillance, arrest or deprivation of a natural person’s liberty as well as other adverse impacts on fundamental rights guaranteed in the Charter. In particular, if the AI system is not trained with high quality data, does not meet adequate requirements in terms of its accuracy or robustness, or is not properly designed and tested before being put on the market or otherwise put into service, it may single out people in a discriminatory or otherwise incorrect or unjust manner. Furthermore, the exercise of important procedural fundamental rights, such as the right to an effective remedy and to a fair trial as well as the right of defence and the presumption of innocence, could be hampered, in particular, where such AI systems are not sufficiently transparent, explainable and documented. It isAI systems intended to assess or rank the refore appropriate to classify as high-risk a number of AI systemsliability of natural persons, to identify natural persons based on biometric data, to serve as polygraphs or similar tools, to detect the emotional state of natural persons, to predict the occurrence or reoccurrence of an actual or potential criminal offence based on profiling of natural persons or to assess personality traits of natural persons or groups for profiling in the course of detection, investigation or prosecution of criminal offences, shall be prohibited except in the three specific cases provided for in this Regulation. AI systems other than the aforementioned and intended to be used in thea law enforcement context where accuracy, reliability and transparency is particularly important shall be classed as high-risk AI systems to avoid adverse impacts, retain public trust and ensure accountability and effective redress. In view of the nature of the activities in question and the risks relating thereto, those high-risk AI systems should include in particular AI systems intended to be used by law enforcement authorities for individual risk assessments, polygraphs and similar tools or to detect the emotional state of natural person, to detect ‘deep fakes’, for the evaluation of the reliability of evidence in criminal proceedings, for predicting the occurrence or reoccurrence of an actual or potential criminal offence based on profiling of natural persons, or assessing personality traits andor assessing characteristics or past criminal behaviour of natural persons or groups, for profiling in the course of detection, investigation or prosecution of criminal offences, as well as for crime analytics regarding natural persons. AI systems specifically intended to be used for administrative proceedings by tax and customs authorities should not be considered high-risk AI systems used by law enforcement authorities for the purposes of prevention, detection, investigation and prosecution of criminal offences.
2022/06/13
Committee: IMCOLIBE
Amendment 590 #

2021/0106(COD)

Proposal for a regulation
Recital 39
(39) AI systems used in migration, asylum and border control management affect people who are often in particularlysometimes in a vulnerable position and who are dependent on the outcome of the actions of the competent public authorities. The accuracy, non-discriminatory nature and transparency of the AI systems used in those contexts are therefore particularly important to guarantee the respect of the fundamental rights of the affected persons, notably, and where applicable, their rights to free movement, non- discrimination, protection of private life and personal data, international protection and good administration. It is therefore appropriate to classify as high-risk AI systems intended to be used by the competent public authorities charged with tasks in the fields of migration, asylum and border control management as polygraphs and similar tools or to detect the emotional state of a natural person; for assessing certain risks posed by natural persons entering the territory of a Member State or applying for visa or asylum; for verifying the authenticity of the relevant documents of natural persons; for assisting competent public authorities for the examination of applications for asylum, visa and residence permits and associated complaints with regard to the objective to establish the eligibility of the natural persons applying for a status. AI systems in the area of migration, asylum and border control management covered by this Regulation should comply with the relevant procedural requirements set by the Directive 2013/32/EU of the European Parliament and of the Council49, the Regulation (EC) No 810/2009 of the European Parliament and of the Council50 and other relevant legislation. _________________ 49 Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (OJ L 180, 29.6.2013, p. 60). 50 Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code) (OJ L 243, 15.9.2009, p. 1).
2022/06/13
Committee: IMCOLIBE
Amendment 598 #

2021/0106(COD)

Proposal for a regulation
Recital 40
(40) Certain AI systems intended for the administration of justice and democratic processes should be classified as high-riskprohibited, considering their potentially significant impact on democracy, rule of law, individual freedoms as well as the right to an effective remedy and to a fair trial. In particular, to address the risks of potential biases, errors and opacity, it is appropriate to qualify as high-riskprohibit the use of AI systems intended to assist judicial authorities in researching and interpreting facts and the law and in applying the law to a concrete set of facts. Such qualification should not extend, however, to AI systems intended for purely ancillary administrative activities that do not affect the actual administration of justice in individual cases, such as anonymisation or pseudonymisation of judicial decisions, documents or data, communication between personnel, administrative tasks or allocation of resources.
2022/06/13
Committee: IMCOLIBE
Amendment 624 #

2021/0106(COD)

Proposal for a regulation
Recital 44
(44) High data quality is essential for the performance of many AI systems, especially when techniques involving the training of models are used, with a view to ensure that the high-risk AI system performs as intended and safely and it does not become the source of discrimination prohibited by Union law. High quality training, validation and testing data sets require the implementation of appropriate data governance and management practices. Training, validation and testing data sets should be sufficiently relevant, representative and free of errors and complete in view of the intended purpose of the system. They should also have the appropriate statistical properties, including as regards the persons or groups of persons on which the high-risk AI system is intended to be used. In particular, training, validation and testing data sets should take into account, to the extent required in the light of their intended purpose, the features, characteristics or elements that are particular to the specific geographical, behavioural or functional setting or context within which the AI system is intended to be used. In order to protect the right of others from the discrimination that might result from the bias in AI systems, the providers shouldbe able to process also special categories of personal data, as a matter of substantial public interest, in order to ensure the bias monitoring, detection and correction in relation to high-risk AI systems.
2022/06/13
Committee: IMCOLIBE
Amendment 632 #

2021/0106(COD)

Proposal for a regulation
Recital 45
(45) For the development of high-risk AI systems, certain actors, such as providers, notified bodies and other relevant entities, such as digital innovation hubs, testing experimentation facilities and researchers, should be able to access and use high quality datasets within their respective fields of activities which are related to this Regulation. European common data spaces established by the Commission, developed and operated by European actors and which do not transfer any data outside the territory or legal jurisdiction of the European Union, and the facilitation of data sharing between businesses and with government in the public interest will be instrumental to provide trustful, accountable and non- discriminatory access to high quality data for the training, validation and testing of AI systems. For example, in health, the European health data space will facilitate non- discriminatory access to health data and the training of artificial intelligence algorithms on those datasets, in a privacy- preserving, secure, timely, transparent and trustworthy manner, and with an appropriate institutional governance. Relevant competent authorities, including sectoral ones, providing or supporting the access to data may also support the provision of high-quality data for the training, validation and testing of AI systems.
2022/06/13
Committee: IMCOLIBE
Amendment 642 #

2021/0106(COD)

Proposal for a regulation
Recital 48
(48) High-risk AI systems should be designed and developed in such a way that natural persons can actually oversee their functioning. For this purpose, appropriate human oversight measures should be identified by the provider of the system before its placing on the market or putting into service. In particular, where appropriate, such measures should guarantee that the system is subject to in- built operational constraints that cannot be overridden by the system itself and, that it cannot make decisions without approval by the human operator, that it is responsive to the human operator, and that the natural persons to whom human oversight has been assigned have the necessary competence, training and authority to carry out that role.
2022/06/13
Committee: IMCOLIBE
Amendment 646 #

2021/0106(COD)

Proposal for a regulation
Recital 49
(49) High-risk AI systems should perform consistently throughout their lifecycle and meet an appropriate level of accuracy, robustness and cybersecurity in accordance with the generally acknowledged state of the art. The level of accuracy and accuracy metrics should be communicated to the userdefined by standards or common technical specifications and communicated to the users. The European Commission should be able to decide on such standards or common technical specifications or to adopt existing ones developed by third parties such as suppliers, stakeholders or standardisation bodies.
2022/06/13
Committee: IMCOLIBE
Amendment 654 #

2021/0106(COD)

Proposal for a regulation
Recital 51
(51) Cybersecurity plays a crucial role in ensuring that AI systems are resilient against attempts to alter their use, behaviour, performance or compromise their security properties by malicious third parties exploiting the system’s vulnerabilities. Cyberattacks against AI systems can leverage AI specific assets, such as training data sets (e.g. data poisoning) or trained models (e.g. adversarial attacks), or exploit vulnerabilities in the AI system’s digital assets or the underlying ICT infrastructure. To ensure a level of cybersecurity appropriate to the risks, suitable measures should therefore be taken by the providers of high-risk AI systems, also taking into account as appropriate the underlying ICT infrastructure.
2022/06/13
Committee: IMCOLIBE
Amendment 655 #

2021/0106(COD)

Proposal for a regulation
Recital 53
(53) It is appropriate that a specific natural or legal person, defined as the provider, takes the responsibility for the placing on the market or putting into service of a high-risk AI system, regardless of whether that natural or legal person is the person who designed or developed the system, without prejudice to the right of a provider to take action against the manufacturer of that system.
2022/06/13
Committee: IMCOLIBE
Amendment 664 #

2021/0106(COD)

Proposal for a regulation
Recital 58
(58) Given the nature of AI systems and the risks to safety and fundamental rights possibly associated with their use, including as regard the need to ensure proper monitoring of the performance of an AI system in a real-life setting, it is appropriate to set specific responsibilities for users. Users should in particular use high-risk AI systems in accordance with the instructions of usefor the purpose for which they were intended and in accordance with the instructions of use, to that end high-risk AI systems should structurally limit, to the greatest extent possible, the technical possibility for a user to use these AI systems in another way, and certain other obligations should be provided for with regard to monitoring of the functioning of the AI systems and with regard to record- keeping, as appropriate.
2022/06/13
Committee: IMCOLIBE
Amendment 669 #

2021/0106(COD)

Proposal for a regulation
Recital 59
(59) It is appropriate to envisage that the user of the AI system should be the natural or legal person, public authority, agency or other body under whose authority the AI system is operated except where the use is made in the course of a personal non- professional activity.
2022/06/13
Committee: IMCOLIBE
Amendment 673 #

2021/0106(COD)

Proposal for a regulation
Recital 61
(61) Standardisation should play a key role to provide technical solutions to providers to ensure compliance with this Regulation. Compliance with harmonised standards as defined, in particular as regards the levels and metrics of accuracy and robustness for high-risk AI systems. The Commission should be able to adopt common technical specifications in areas where no harmonised standards exist or where they are insufficient. The Commission should also be able to adopt standards or common technical specifications developed by third parties such as suppliers, stakeholders or standardisation bodies. Compliance with the common technical specifications adopted by the Commission should be a means for suppliers to demonstrate compliance with the requirements of this Regulation. Compliance with other harmonised standards set out in Regulation (EU) No 1025/2012 of the European Parliament and of the Council54 should be a means for providers to demonstrate conformity with the requirements of this Regulation. However, the Commission could adopt common technical specifications in areas where no harmonised standards exist or where they are insufficientalso help to demonstrate suppliers’ compliance with the requirements of this Regulation, without having the same probative value as the common technical specifications adopted by the Commission. _________________ 54 Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council (OJ L 316, 14.11.2012, p. 12).
2022/06/13
Committee: IMCOLIBE
Amendment 680 #

2021/0106(COD)

Proposal for a regulation
Recital 63
(63) It is appropriate that, in order to minimise the burden on operators and avoid any possible duplication, for high- risk AI systems related to products which are covered by existing Union harmonisation legislation following the New Legislative Framework approach, the compliance of those AI systems with the requirements of this Regulation should be assessed as part of the conformity assessment already foreseen under that legislation. The applicability of the requirements of this Regulation should thus not affect the specific logic, methodology or general structure of conformity assessment under the relevant specific New Legislative Framework legislation. This approach is fully reflected in the interplay between this Regulation and the [Machinery Regulation]. While safety risks of AI systems ensuring safety functions in machinery are addressed by the requirements of this Regulation, certain specific requirements in the [Machinery Regulation] will ensure the safe integration of the AI system into the overall machinery, so as not to compromise the safety of the machinery as a whole. The [Machinery Regulation] applies the same definition of AI system as this Regulation. However, should this Regulation and another legislative act of the European Union both cover the same product or component of a product and provide diverging definitions or impose different safety requirements, the applicable text shall be the one with the definition or safety requirements offering the best protection for people, Member States, society and fundamental rights.
2022/06/13
Committee: IMCOLIBE
Amendment 682 #

2021/0106(COD)

Proposal for a regulation
Recital 64
(64) Given the more extensive experience of professional pre-market certifiers in the field of product safety and the different nature of risks involved, it is appropriate to limit, at least in an initial phase of application of this Regulation, the scope of application of third-party conformity assessment for high-risk AI systems other than those related to products. Therefore, the conformity assessment of such systems should be carried out as a general rule by the provider under its own responsibility, with the only exception of AI systems intended to be used for the remote biometric identification of persons, for which the involvement of a notified body in the conformity assessment should be foreseen, to the extent theyallow them to carry out a conformity assessment for AI systems, including high-risk AI systems, as qualified bodies, to the extent that these systems are not prohibited.
2022/06/13
Committee: IMCOLIBE
Amendment 692 #

2021/0106(COD)

Proposal for a regulation
Recital 66
(66) In line with the commonly established notion of substantial modification for products regulated by Union harmonisation legislation, it is appropriate that an AI system undergoes a new conformity assessment whenever a change occurs which may affect the compliance of the system with this Regulation or when the intended purpose of the system changes. In addition, as regards AI systems which continue to ‘learn’ after being placed on the market or put into service (i.e. they automatically adapt how functions are carried out), it is necessary to provide rules establishing that changes to the algorithm and its performance that constitute substantial modifications are subject to new conformity assessments, including in cases where the substantial modifications have been pre-determined by the provider and assessed at the moment of the initial conformity assessment should not constitute a substantial modification.
2022/06/13
Committee: IMCOLIBE
Amendment 715 #

2021/0106(COD)

Proposal for a regulation
Recital 70
(70) Certain AI systems intended to interact with natural persons or to generate content may pose specific risks of impersonation or deception irrespective of whether they qualify as high-risk or not. In certain circumstances, the use of these systems should therefore be subject to specific transparency obligations without prejudice to the requirements and obligations for high-risk AI systems. In particular, natural persons should be notified that they are interacting with an AI system, unless this is obvious from the circumstances and the context of use. Moreover, natural persons should be notified when they are exposed to an emotion recognition system or a biometric categorisation system. Such information and notifications should be provided in accessible formats for persons with disabilities. Further, users, who use an AI systems used to generate or manipulate image, audio or video content that appreciably resembles existing persons, places or events and would falsely appear to a person to be authentic, should disclosesystematically contain an indication on the content generated that the content has been artificially created or manipulated by labelling the artificial intelligence output accordingly and disclosing its artificial origi, and users who use such AI systems or reuse the content generated should not be allowed to remove or conceal that indication.
2022/06/13
Committee: IMCOLIBE
Amendment 731 #

2021/0106(COD)

Proposal for a regulation
Recital 73
(73) In order to promote and protect innovation, it is important that the interests of small-scale providers and users of AI systems are taken into particular account. To this objective, Member States should develop initiatives, which are targeted at those operators, including on awareness raising and information communication. Moreover, the specific interests and needs of small-scale providers shall be taken into account when Notified Bodies set conformity assessment fees. Translation costs related to mandatory documentation and communication with authorities may constitute a significant cost for providers and other operators, notably those of a smaller scale. Member States should possibly ensure that one of the languages determined and accepted by them for relevant providers’ documentation and for communication with operators is one which is broadly understood by the largest possible number of cross-border users.
2022/06/13
Committee: IMCOLIBE
Amendment 747 #

2021/0106(COD)

Proposal for a regulation
Recital 78
(78) In order to ensure that providers of high-risk AI systems can take into account the experience on the use of high-risk AI systems for improving their systems and the design and development process or can take any possible corrective action in a timely manner, all providers should have a post-market monitoring system in place. In view of the sensitive nature of high-risk AI systems, this post-market monitoring system should not be able to automatically send data or error reports to the supplier via the AI system. This system is also key to ensure that the possible risks emerging from AI systems which continue to ‘learn’ after being placed on the market or put into service can be more efficiently and timely addressed. In this context, providers should also be required to have a system in place to report to the relevant authorities any serious incidents or any breaches to national and Union law protecting fundamental rights resulting from the use of their AI systems.
2022/06/13
Committee: IMCOLIBE
Amendment 769 #

2021/0106(COD)

Proposal for a regulation
Recital 85
(85) In order to ensure that the regulatory framework can be adapted where necessary, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to amend the techniques and approaches referred to in Annex I to define AI systems, the Union harmonisation legislation listed in Annex II, the high-risk AI systems listed in Annex III, the provisions regarding technical documentation listed in Annex IV, the content of the EU declaration of conformity in Annex V, the provisions regarding the conformity assessment procedures in Annex VI and VII and the provisions establishing the high-risk AI systems to which the conformity assessment procedure based on assessment of the quality management system and assessment of the technical documentation should apply. As the purpose of delegating that power is to allow this Regulation to be adapted to technical advancements, the Commission should only be able to adopt such delegated acts to include non- restrictive additions or clarifications in the lists in those Annexes, whereas deletions, restrictive clarifications or amendments to the definitions of the items in those Annexes should only result from the adoption of amending regulations. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making58. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 58 OJ L 123, 12.5.2016, p. 1.
2022/06/13
Committee: IMCOLIBE
Amendment 785 #

2021/0106(COD)

Proposal for a regulation
Article premier – paragraph 1 – point a
(a) harmonised minimum rules for the development of human-centric AI in the Union through the placing on the market, the putting into service and the use of artificial intelligence systems (‘AI systems’) in the Union;
2022/06/13
Committee: IMCOLIBE
Amendment 877 #

2021/0106(COD)

Proposal for a regulation
Article 2 – paragraph 4
4. This Regulation shall not apply to public authorities in a third country nor to international organisations falling within the scope of this Regulation pursuant to paragraph 1, where those authorities or organisations use AI systems in the framework of international agreements for law enforcement and judicial cooperation with the Union or with one or more Member States.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 915 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 1
(1) ‘artificial intelligence system’ (AI system) means software that is developed with one or more of the techniques and approaches listed in Annex I and can, for a given set of human-defined objectivesobjectives or parameters subject to human command, generate outputs such as content, predictions, recommendations, or decisions influencing the environments they interact with;
2022/06/13
Committee: IMCOLIBE
Amendment 922 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 1 a (new)
(1a) ‘human-centric AI’ means an approach which strives to ensure that human values are central to the development, deployment, use and monitoring of AI systems, by ensuring respect for fundamental rights, including those set out in the Treaties of the European Union and the Charter of Fundamental Rights of the European Union, all of which are united by reference to a common foundation rooted in respect for human dignity, in which every human being enjoys a unique and inalienable moral status, which also entails consideration of the natural environment and of other living beings that are part of the human ecosystem, as well as a sustainable approach enabling the flourishing of future generations;
2022/06/13
Committee: IMCOLIBE
Amendment 941 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 4
(4) ‘user’ means any natural or legal person, public authority, agency or other body using an AI system under its authority, except where the AI system is used in the course of a personal non- professional activity;
2022/06/13
Committee: IMCOLIBE
Amendment 996 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 18 a (new)
(18a) ‘lifecycle of AI’ means the process of developing, deploying and using an AI system, including the research, design, data supply, training, limited-scale deployment, implementation and withdrawal stages;
2022/06/13
Committee: IMCOLIBE
Amendment 1006 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 23
(23) ‘substantial modification’ means a change, including a change based on ‘learning’, to the AI system following its placing on the market or putting into service which affects the compliance of the AI system with the requirements set out in Title III, Chapter 2 of this Regulation or results in a modification to the intended purpose for which the AI system has been assessed;
2022/06/13
Committee: IMCOLIBE
Amendment 1011 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 25
(25) ‘post-market monitoring’ means all activities carried out by providers of AI systems to proactively collect and review experience gained from the use of AI systems they place on the market or put into service for the purpose of identifying any need to immediately apply any necessary corrective or preventive actions, whereby such activities may not consist in the AI system automatically sending data or error reports to the provider;
2022/06/13
Committee: IMCOLIBE
Amendment 1013 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 28 a (new)
(28a) ‘sandbox’, in connection with the development of AI systems, means an isolated operating and experimental environment enabling certain actions to be carried out using an AI system while protecting the user from any harm resulting from computer bias, damage or compromise;
2022/06/13
Committee: IMCOLIBE
Amendment 1024 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 33
(33) ‘biometric data’ means personal data resulting from specific technical processing relating to the physical, or physiological or behavioural characteristics of a natural person, which allow or confirm the unique identification of that natural person, such as facial images or dactyloscopic data;
2022/06/13
Committee: IMCOLIBE
Amendment 1034 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 34
(34) ‘emotion recognition system’ means an AI system for the purpose of identifying or inferring emotions or intentions of natural persons on the basis of their biometric dataor behavioural data or by means of biological or brain implants;
2022/06/13
Committee: IMCOLIBE
Amendment 1042 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 35
(35) ‘biometric categorisation system’ means an AI system for the purpose of assigning natural persons to specific categories, such as sex, age, hair colour, eye colour, tattoos, health, ethnic origin or sexual or political orientation, on the basis of their biometric data;
2022/06/13
Committee: IMCOLIBE
Amendment 1060 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 36
(36) ‘remote biometric identification system’ means an AI system for the purpose, after a unique process, of identifying natural persons at a distance through the comparison of a person’s biometric data with the biometric data contained in a reference database, and without prior knowledge of the user of the AI system whether the person will be present and can be identified ;
2022/06/13
Committee: IMCOLIBE
Amendment 1066 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 38
(38) ‘‘post’ remote biometric identification system’ means a remote biometric identification system other than a ‘real-time’ remote biometric identification system, regardless of whether the acquired data is hosted in a separate system prior to the comparison and identification;
2022/06/13
Committee: IMCOLIBE
Amendment 1070 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 40 – introductory part
(40) ‘law enforcement authority’ means: any public authority competent for the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security;
2022/06/13
Committee: IMCOLIBE
Amendment 1071 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 40 – point a
(a) any public authority competent for the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security; ordeleted
2022/06/13
Committee: IMCOLIBE
Amendment 1073 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 40 – point b
(b) any other body or entity entrusted by Member State law to exercise public authority and public powers for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security;deleted
2022/06/13
Committee: IMCOLIBE
Amendment 1082 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 44 – introductory part
(44) ‘serious incident’ means any incident or malfunctioning that directly or indirectly leads, might have led or might lead to any of the following:
2022/06/13
Committee: IMCOLIBE
Amendment 1087 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 44 – point a
(a) the death of a person or serious damage to a person’s health or wealth, to property or the environment,
2022/06/13
Committee: IMCOLIBE
Amendment 1093 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 44 – point b
(b) a serious and irreversible disruption of the management and operation of critical infrastructure.,
2022/06/13
Committee: IMCOLIBE
Amendment 1094 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 44 – point b a (new)
(ba) a breach of obligations under national law or Union law intended to protect fundamental rights.
2022/06/13
Committee: IMCOLIBE
Amendment 1102 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 44 a (new)
(44a) ‘bias’ means any inclination of prejudice towards or against a person, object or position, whether voluntary or involuntary, that may arise as a result of the design, data supply, interactions, personalisation or configuration of an IA system;
2022/06/13
Committee: IMCOLIBE
Amendment 1113 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 44 b (new)
(44b) ‘auditability’ means the ability of an AI system to undergo an assessment of the system’s algorithms, data and design processes;
2022/06/13
Committee: IMCOLIBE
Amendment 1115 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 44 c (new)
(44c) ‘reproducibility’ means the ability of an AI system to exhibit the same behaviour when an experiment is repeated under the same conditions;
2022/06/13
Committee: IMCOLIBE
Amendment 1139 #

2021/0106(COD)

Proposal for a regulation
Article 4 – paragraph 1
The Commission is empowered to adopt delegated acts in accordance with Article 73 to amend the list of techniques and approaches listed in Annex I, in order to update that list to market and technological developments by means of additions or non-restrictive precisions on the basis of characteristics that are similar to the techniques and approaches listed therein.
2022/06/13
Committee: IMCOLIBE
Amendment 1142 #

2021/0106(COD)

Proposal for a regulation
Article 4 – paragraph 1 a (new)
The techniques and approaches listed in Annex I may only be amended by an amending regulation if the amendment concerns a withdrawal, a restrictive precision or a change in the definition of those techniques and approaches.
2022/06/13
Committee: IMCOLIBE
Amendment 1161 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point a
(a) the placing on the market, putting into service or use of an AI system that deploys subliminal techniques beyond a person’s consciousness in order to materially distort a person’s behaviour in a manner that causes or is likely to cause that person or another person physical or psychological harm;
2022/06/13
Committee: IMCOLIBE
Amendment 1179 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point b
(b) the placing on the market, putting into service or use of an AI system that exploits any of the vulnerabilities of a person or a specific group of persons due to their, such as age, or physical or mental disability, in order to materially distort the behaviour of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm;
2022/06/13
Committee: IMCOLIBE
Amendment 1188 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point c – introductory part
(c) the placing on the market, putting into service or use of AI systems by public authorities or on their behalf for the evaluation or classification of the trustworthiness of natural persons over a certain period of time based on their social behaviour or known or predicted personal or personality characteristics, with the social score leading to either or both of the following:;
2022/06/13
Committee: IMCOLIBE
Amendment 1198 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point c – point i
(i) detrimental or unfavourable treatment of certain natural persons or whole groups thereof in social contexts which are unrelated to the contexts in which the data was originally generated or collected;deleted
2022/06/13
Committee: IMCOLIBE
Amendment 1210 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point c – point ii
(ii) detrimental or unfavourable treatment of certain natural persons or whole groups thereof that is unjustified or disproportionate to their social behaviour or its gravity;deleted
2022/06/13
Committee: IMCOLIBE
Amendment 1224 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point c a (new)
(c a) the placing on the market, putting into service or use of an AI system that takes decisions to dispatch or set priorities for dispatching emergency response services on which the lives of those rescued depend;
2022/06/13
Committee: IMCOLIBE
Amendment 1226 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point c b (new)
(c b) the placing on the market, putting into service or use of an AI system that performs individual risk assessments, serves as polygraphs or similar tools, or analyses the emotional state of natural persons, or predicts the occurrence or repetition of an actual or potential criminal offence on the basis of profiling of natural persons or groups, or which assesses the personality traits of natural persons or groups for profiling purposes in the context of detection, investigation or prosecution of criminal offences;
2022/06/13
Committee: IMCOLIBE
Amendment 1227 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point c c (new)
(c c) the placing on the market, putting into service or use of an AI system for the administration of justice and for democratic processes, which helps judicial authorities to investigate and interpret facts and the law, and to apply the law to a specific set of facts, with the exception of purely ancillary administrative activities which have no impact on the actual administration of justice in individual cases;
2022/06/13
Committee: IMCOLIBE
Amendment 1228 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point c d (new)
(c d) the placing on the market, putting into service or use of an AI system that performs genomic, physiological, psychological or behavioural analyses of a natural person for the purpose of profiling that natural person;
2022/06/13
Committee: IMCOLIBE
Amendment 1229 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point c e (new)
(c e) the placing on the market, putting into service or use of an AI system that may affect the cognitive integrity or personality of a natural person, with or without the support of physical implants;
2022/06/13
Committee: IMCOLIBE
Amendment 1231 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point d – introductory part
(d) the use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for the purpose of, except those strictly used for individual authentication of access to protected spaces or systems, those used for the execution of administrative procedures by tax and customs authorities, and by law enforcement, unless authorities if and in as far as such use is strictly necessary for one of the following objectives:
2022/06/13
Committee: IMCOLIBE
Amendment 1281 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point d – point iii
(iii) the detection, localisation, identification or prosecution of a perpetrator or suspect of a criminal offence referred to in Article 2(2) of Council Framework Decision 2002/584/JHA62and punishable in the Member State concerned by a custodial sentence or a detention order for a maximum period of at least threen years, as determined by the law of that Member State. _________________ 62 Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ L 190, 18.7.2002, p. 1).
2022/06/13
Committee: IMCOLIBE
Amendment 1378 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 1
The competent judicial or administrative authority shall only grant the authorisation where it is satisfied, based on objective evidence or clear indications presented to it, that the use of the ‘real-time’ remote biometric identification system at issue is necessary for and proportionate to achieving one of the objectives specified in paragraph 1, point (d), as identified in the request. In deciding on the request, the competent judicial or administrative authority shall take into account the elements referred to in paragraph 2. It shall grant the authorisation for a limited period and scope. Any renewal or amendment of the authorisation shall be subject to the submission of a new request to the competent judicial or administrative authority.
2022/06/13
Committee: IMCOLIBE
Amendment 1465 #

2021/0106(COD)

Proposal for a regulation
Article 7 – paragraph 1 – introductory part
1. The Commission is empowered to adopt delegated acts in accordance with Article 73 to update the list set out in Annex III by adding fields of high-risk AI systems where both of the following conditions are fulfilled:they present a risk of harm to health and safety or a risk of a negative impact on fundamental rights which, taking into account its severity and likelihood of occurrence, is equivalent to or higher than the risk of harm or negative impact of high-risk AI systems already listed in Annex III.
2022/06/13
Committee: IMCOLIBE
Amendment 1471 #

2021/0106(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point a
(a) the AI systems are intended to be used in any of the areas listed in points 1 to 8 of Annex III;deleted
2022/06/13
Committee: IMCOLIBE
Amendment 1477 #

2021/0106(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point b
(b) the AI systems pose a risk of harm to the health and safety, or a risk of adverse impact on fundamental rights, that is, in respect of its severity and probability of occurrence, equivalent to or greater than the risk of harm or of adverse impact posed by the high-risk AI systems already referred to in Annex III.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 1487 #

2021/0106(COD)

Proposal for a regulation
Article 7 – paragraph 2 – introductory part
2. When assessing an AI system for the purposes of paragraph 1 whether an AI system poses a risk of harm to the health and safety or a risk of adverse impact on fundamental rights that is equivalent to or greater than the risk of harm posed by the high-risk AI systems already referred to in Annex III, the Commission shall take into account the following criteria:
2022/06/13
Committee: IMCOLIBE
Amendment 1546 #

2021/0106(COD)

Proposal for a regulation
Article 7 – paragraph 2 a (new)
2a. When assessing an AI system for the purposes of paragraph 1, the Commission shall consult, where appropriate, national and European authorities and bodies, representatives of the groups concerned by that system, industry professionals, independent experts and civil society organisations. The Commission shall organise public consultations in this regard.
2022/06/13
Committee: IMCOLIBE
Amendment 1551 #

2021/0106(COD)

Proposal for a regulation
Article 7 – paragraph 2 b (new)
2b. The Commission shall publish a detailed report on the assessment referred to in paragraph 2.
2022/06/13
Committee: IMCOLIBE
Amendment 1552 #

2021/0106(COD)

Proposal for a regulation
Article 7 – paragraph 2 c (new)
2c. The Commission shall consult the Board before adopting delegated acts pursuant to paragraph 1.
2022/06/13
Committee: IMCOLIBE
Amendment 1589 #

2021/0106(COD)

Proposal for a regulation
Article 9 – paragraph 2 – point a a (new)
(aa) identification of the risks, damage and harm actually caused by the high-risk AI system in the past, whether these are the result of use of the high-risk AI system for its intended purpose or of another use;
2022/06/13
Committee: IMCOLIBE
Amendment 1599 #

2021/0106(COD)

Proposal for a regulation
Article 9 – paragraph 2 – point c a (new)
(ca) sandbox experimentation on the functioning of the AI systems;
2022/06/13
Committee: IMCOLIBE
Amendment 1604 #

2021/0106(COD)

Proposal for a regulation
Article 9 – paragraph 3
3. The risk management measures referred to in paragraph 2, point (d) shall give due consideration to the effects and possible interactions resulting from the combined application of the requirements set out in this Chapter 2. They shall take into account the generally acknowledged state of the art, including as reflected in the common technical specifications adopted by the Commission or in relevant harmonised standards or common specifications.
2022/06/13
Committee: IMCOLIBE
Amendment 1608 #

2021/0106(COD)

Proposal for a regulation
Article 9 – paragraph 4 – introductory part
4. The risk management measures referred to in paragraph 2, point (d) shall be such that any residual risk associated with each hazard, as well as the overall residual risk of the high-risk AI systems is judged acceptable, provided that the high- risk AI system is used in accordance with its intended purpose or under conditions of reasonably foreseeable misuse. Those residual risks shall be communicated to the user., is:
2022/06/13
Committee: IMCOLIBE
Amendment 1636 #

2021/0106(COD)

Proposal for a regulation
Article 9 – paragraph 4 – point a (new)
(a) technically and structurally minimised by the high-risk AI system;
2022/06/13
Committee: IMCOLIBE
Amendment 1637 #

2021/0106(COD)

Proposal for a regulation
Article 9 – paragraph 4 – point b (new)
(b) deemed acceptable, provided that the high-risk AI system is used for its intended purpose or under conditions of reasonably foreseeable misuse.
2022/06/13
Committee: IMCOLIBE
Amendment 1638 #

2021/0106(COD)

Proposal for a regulation
Article 9 – paragraph 4 a (new)
4a. Those residual risks shall be communicated to the user.
2022/06/13
Committee: IMCOLIBE
Amendment 1646 #

2021/0106(COD)

Proposal for a regulation
Article 9 – paragraph 6
6. Testing procedures shall be suitable to achieve the intended purpose of the AI system and do not need to go beyond what is necessary to achieve that purpose.
2022/06/13
Committee: IMCOLIBE
Amendment 1649 #

2021/0106(COD)

Proposal for a regulation
Article 9 – paragraph 6 – subparagraph 1 (new)
They shall test:
2022/06/13
Committee: IMCOLIBE
Amendment 1650 #

2021/0106(COD)

Proposal for a regulation
Article 9 – paragraph 6 – point a (new)
(a) the ability of the high-risk AI system to generate an accurate and robust result;
2022/06/13
Committee: IMCOLIBE
Amendment 1651 #

2021/0106(COD)

(b) the trustworthiness of the high- risk AI system and its ability to actually generate a result such as that expected in accordance with its intended purpose;
2022/06/13
Committee: IMCOLIBE
Amendment 1652 #

2021/0106(COD)

Proposal for a regulation
Article 9 – paragraph 6 – point c (new)
(c) the structural and technical capacity of the high-risk AI system to ensure it cannot be used for purposes other than its intended purpose.
2022/06/13
Committee: IMCOLIBE
Amendment 1654 #

2021/0106(COD)

Proposal for a regulation
Article 9 – paragraph 7
7. The testing of the high-risk AI systems shall be performed, as appropriate, at any point in time throughout the development process, and, in any event, prior to the placing on the market or the putting into service. Testing shall be made against preliminarily defined metrics and probabilistic thresholds that are preliminarily defined according to common standards or technical specifications and appropriate to the intended purpose of the high-risk AI system.
2022/06/13
Committee: IMCOLIBE
Amendment 1687 #

2021/0106(COD)

Proposal for a regulation
Article 10 – paragraph 2 – point a
(a) the relevant design choices, including the extent to which the functioning of the algorithms can be audited and reproduced;
2022/06/13
Committee: IMCOLIBE
Amendment 1734 #

2021/0106(COD)

Proposal for a regulation
Article 10 – paragraph 5
5. To the extent that it is strictly necessary for the purposes of ensuring bias monitoring, detection and correction in relation to the high-risk AI systems, the providers of such systems may process special categories of personal data referred to in Article 9(1) of Regulation (EU) 2016/679, Article 10 of Directive (EU) 2016/680 and Article 10(1) of Regulation (EU) 2018/1725, subject to appropriate safeguards for the fundamental rights and freedoms of natural persons, including technical limitations on the re-use and use of state- of-the-art security and privacy-preserving measures, such as pseudonymisation, or encryption where anonymisation may significantly affect the purpose pursued.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 1741 #

2021/0106(COD)

Proposal for a regulation
Article 10 – paragraph 5 a (new)
5a. The dissemination of data by an AI system to other AI systems, whether or not they are of the same origin and whether or not they are installed on the same medium, shall be checked by the provider and may be retracted if necessary.
2022/06/13
Committee: IMCOLIBE
Amendment 1763 #

2021/0106(COD)

Proposal for a regulation
Article 11 – paragraph 3
3. The Commission is empowered to adopt delegated acts in accordance with Article 73 to amenddd to Annex IV where necessary to ensure that, in the light of technical progress, the technical documentation provides all the necessary information to assess the compliance of the system with the requirements set out in this Chapter.
2022/06/13
Committee: IMCOLIBE
Amendment 1765 #

2021/0106(COD)

Proposal for a regulation
Article 12 – paragraph 1
1. High-risk AI systems shall be designed and developed with capabilities enabling the automatic recording of events (‘logs’) while the high-risk AI systems isare operating. Those logging capabilities shall conform to recognised standards or common specifications. Where possible, these capabilities shall be local ones and the logs shall be stored on the medium employed by the user of the AI system.
2022/06/13
Committee: IMCOLIBE
Amendment 1800 #

2021/0106(COD)

Proposal for a regulation
Article 13 – paragraph 3 – point b – point ii
(ii) the level of accuracy, robustness and cybersecurity referred to in Article 15 against which the high-risk AI system has been tested and validated before being placed on the market and which can be expected, and any known and foreseeable circumstances that may have an impact on that expected level of accuracy, robustness and cybersecurity;
2022/06/13
Committee: IMCOLIBE
Amendment 1815 #

2021/0106(COD)

Proposal for a regulation
Article 14 – paragraph 2
2. Human oversight shall aim at preventing or minimising the risks to health, safety or fundamental rights that may emerge when a high-risk AI system is used in accordance with its intended purpose or under conditions of reasonably foreseeable misuse, in particular when such risksprovided that those risks, if they persist notwithstanding the application of other requirements set out in this Chapter, do not result in a requirement for the high-risk AI system to be recalled or withdrawn.
2022/06/13
Committee: IMCOLIBE
Amendment 1864 #

2021/0106(COD)

Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 2 a (new)
It shall be possible for the user, the provider, the national competent authority or authorities and the Commission, as appropriate, to audit and reproduce the functioning of the high-risk AI systems.
2022/06/13
Committee: IMCOLIBE
Amendment 1892 #

2021/0106(COD)

Proposal for a regulation
Article 16 – paragraph 1 – point e
(e) ensure that the high-risk AI system undergoes the relevant conformity assessment procedure, prior to its placing on the market or putting into service, and ensure it is periodically reviewed;
2022/06/13
Committee: IMCOLIBE
Amendment 1898 #

2021/0106(COD)

Proposal for a regulation
Article 16 – paragraph 1 – point g
(g) take the necessary corrective actions, if the high-risk AI system is not in conformity with the requirements set out in Chapter 2 of this Title, before the high- risk AI system concerned is placed on the market, made available on the market or put into service, or before a high-risk AI system that has been withdrawn or recalled is placed on the market, made available on the market or put into service once again;
2022/06/13
Committee: IMCOLIBE
Amendment 1951 #

2021/0106(COD)

Proposal for a regulation
Article 19 – paragraph 1
1. Providers of high-risk AI systems shall ensure that their systems undergo the relevant conformity assessment procedure in accordance with Article 43, prior to their placingbefore they are placed on the market, made available on the market or putting into service. Where the compliance of the AI systems with the requirements set out in Chapter 2 of this Title has been demonstrated following that conformity assessment, the providers shall draw up an EU declaration of conformity in accordance with Article 48 and affix the CE marking of conformity in accordance with Article 49.
2022/06/13
Committee: IMCOLIBE
Amendment 1954 #

2021/0106(COD)

Proposal for a regulation
Article 20 – paragraph 1
1. Providers of high-risk AI systems shall keepguarantee the storage of the logs automatically generated by their high-risk AI systems, where possible on the media employed by users, to the extent such logs are under their control by virtue of a contractual arrangement with the user or otherwise by law. The logs shall be kept for a period that is appropriate in the light of the intended purpose of the high-risk AI system and applicable legal obligations under Union or national law.
2022/06/13
Committee: IMCOLIBE
Amendment 1961 #

2021/0106(COD)

Proposal for a regulation
Article 21 – paragraph 1
Providers of high-risk AI systems which consider or have reason to consider that a high-risk AI system which they have placed on the market or put into service is not in conformity with this Regulation shall immediately take the necessary corrective actions to bring that system into conformitywithdraw or recall the system, as appropriate, tso withdraw it or to recall it, as appropriateas to bring it into conformity. They shall inform the distributors of the high-risk AI system in question and, where applicable, the authorised representative and importers accordingly.
2022/06/13
Committee: IMCOLIBE
Amendment 1983 #

2021/0106(COD)

Proposal for a regulation
Article 25 – paragraph 1 a (new)
1a. As of the time they are appointed, authorised representatives must be able to correspond, exchange technical information and carry out the duties required of them under this Regulation with the national authorities and in the official languages of all the Member States.
2022/06/13
Committee: IMCOLIBE
Amendment 1985 #

2021/0106(COD)

Proposal for a regulation
Article 25 – paragraph 2 – point a
(a) keep a copy of the EU declaration of conformity and the technical documentation at the disposal of the national competent authorities and national authoritiescarry out or commission the conformity assessment referred to in Article 63(7)43;
2022/06/13
Committee: IMCOLIBE
Amendment 1987 #

2021/0106(COD)

Proposal for a regulation
Article 25 – paragraph 2 – point b
(b) provide a national competent authority, upon a reasoned request, with all the information and documentation necessary to demonstrate the conformity of a high-risk AI system wikeep a copy of the EU declaration of conformity and the the requirements set out in Chapter 2 of this Title, including access to the logs automatically generated by the high-risk AI system to the extent such logs are under the control of the provider by virtue of a contractual arrangement with the user or otherwise by lawechnical documentation at the disposal of the national competent authorities and national authorities referred to in Article 63(7);
2022/06/13
Committee: IMCOLIBE
Amendment 1990 #

2021/0106(COD)

Proposal for a regulation
Article 25 – paragraph 2 – point c
(c) cooperate withprovide a national competent national authoritiesy, upon a reasoned request, on any action the latter takes in relation to the high-risk AI system.with all the information and documentation necessary to demonstrate the conformity of a high-risk AI system with the requirements set out in Chapter 2 of this Title, including access to the logs automatically generated by the high-risk AI system to the extent such logs are under the control of the provider by virtue of a contractual arrangement with the user or otherwise by law;
2022/06/13
Committee: IMCOLIBE
Amendment 1994 #

2021/0106(COD)

Proposal for a regulation
Article 25 – paragraph 2 – point c a (new)
(ca) cooperate with competent national authorities, upon a reasoned request, on any action the latter takes in relation to the high-risk AI system.
2022/06/13
Committee: IMCOLIBE
Amendment 1997 #

2021/0106(COD)

Proposal for a regulation
Article 26 – paragraph 1 – point a
(a) the appropriate conformity assessment procedure has been carried out by the provider of that AI system following its import and prior to its deployment;
2022/06/13
Committee: IMCOLIBE
Amendment 2007 #

2021/0106(COD)

Proposal for a regulation
Article 26 – paragraph 5
5. Importers shall provide national competent authorities, upon a reasoned request, with all necessary information and documentation to demonstrate the conformity of a high-risk AI system with the requirements set out in Chapter 2 of this Title in a language which can be easily understood byn official language of that national competent authority, including access to the logs automatically generated by the high-risk AI system to the extent such logs are under the control of the provider by virtue of a contractual arrangement with the user or otherwise by law. They shall also cooperate with those authorities on any action national competent authority takes in relation to that system.
2022/06/13
Committee: IMCOLIBE
Amendment 2016 #

2021/0106(COD)

Proposal for a regulation
Article 27 – paragraph 4
4. A distributor that considers or has reason to consider that a high-risk AI system which it has made available on the market is not in conformity with the requirements set out in Chapter 2 of this Title shall take the corrective actions necessary to bring that systemto withdraw or recall that system in order to bring it into conformity with those requirements, to withdraw it or recall it or shall ensure that the provider, the importer or any relevant operator, as appropriate, takes those corrective actions. Where the high- risk AI system presents a risk within the meaning of Article 65(1), the distributor shall immediately inform the national competent authorities of the Member States in which it has made the product available to that effect, giving details, in particular, of the non-compliance and of any corrective actions taken.
2022/06/13
Committee: IMCOLIBE
Amendment 2029 #

2021/0106(COD)

Proposal for a regulation
Article 28 – paragraph 1 – point b a (new)
(ba) they have placed on the market or put into service a high-risk AI system which they have substantially modified by their own means;
2022/06/13
Committee: IMCOLIBE
Amendment 2091 #

2021/0106(COD)

Proposal for a regulation
Article 30 – paragraph 8
8. Notifying authorities shall make sure that conformity assessments are carried out in a proportionate manner, avoiding unnecessary burdens for providers and that notified bodies perform their activities taking due account of the size of an undertaking, the sector in which it operates, its structure and the degree of complexity of and risk posed by the AI system in question.
2022/06/13
Committee: IMCOLIBE
Amendment 2099 #

2021/0106(COD)

Proposal for a regulation
Article 32 – paragraph 4
4. The conformity assessment body concerned may begin to perform the activities of a notified body only where no objections are raised by the Commission or the other Member States within one month of a notification.
2022/06/13
Committee: IMCOLIBE
Amendment 2106 #

2021/0106(COD)

Proposal for a regulation
Article 33 – paragraph 7
7. Notified bodies shall have procedures for the performance of activities which take due account of the size of an undertaking, the sector in which it operates, its structure, and the degree of complexity of and risk posed by the AI system in question.
2022/06/13
Committee: IMCOLIBE
Amendment 2108 #

2021/0106(COD)

Proposal for a regulation
Article 34 – paragraph 3
3. Activities may be subcontracted or carried out by a subsidiary only with the agreement of the provider and the notifying authority.
2022/06/13
Committee: IMCOLIBE
Amendment 2114 #

2021/0106(COD)

Proposal for a regulation
Article 37 – paragraph 4
4. Where the Commission ascertains that a notified body does not meet or no longer meets the requirements laid down in Article 33, it shall adopt a reasoned decision requesting the notifying Member State to take the necessary corrective measures, including withdrawal of notification if necessary. That implementing acrequest shall be adopted in accordance with the examination procedure referred to in Article 74(2).
2022/06/13
Committee: IMCOLIBE
Amendment 2117 #

2021/0106(COD)

Proposal for a regulation
Article 39
39 Conformity assessment bodies established under the law of a third country with which the Union has concluded an agreement may be authorised to carry out the activities of notified Bodies under this Regulation. Conformity assessment bodies established under the law of a third country with which the Union has concluded an agreement may be authorised to carry out the activities of notified Bodies under this Regulation.Article 39 deleted
2022/06/13
Committee: IMCOLIBE
Amendment 2123 #

2021/0106(COD)

Proposal for a regulation
Article 40 – paragraph 1
High-risk AI systems which arshall be in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements set out in Chapter 2 of this Title, to the extent those standards cover those requirements.
2022/06/13
Committee: IMCOLIBE
Amendment 2145 #

2021/0106(COD)

Proposal for a regulation
Article 41 – paragraph 3
3. High-risk AI systems which are in conformity with the common specifications referred to in paragraph 1 shall be presumed to be in conformity with the requirements set out in Chapter 2 of this Title, to the extent those common specifications cover those requirements.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 2147 #

2021/0106(COD)

Proposal for a regulation
Article 41 – paragraph 4
4. Where providers do not comply with the common specifications referred to in paragraph 1, they shall duly justify that they have adopted technical solutions that are at least equivalent thereto.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 2158 #

2021/0106(COD)

Proposal for a regulation
Article 43 – paragraph 1 – introductory part
1. For high-risk AI systems listed in point 1 of Annex III, where, in demonstrating the compliance of a high- risk AI system with the requirements set out in Chapter 2 of this Title, the provider has applied harmonised standards referred to in Article 40, or, where applicable, common specifications referred to in Article 41, the provider shall follow one of the following procedures:the conformity assessment procedure based on assessment of the quality management system and assessment of the technical documentation, with the involvement of a notified body, referred to in Annex VII.
2022/06/13
Committee: IMCOLIBE
Amendment 2162 #

2021/0106(COD)

Proposal for a regulation
Article 43 – paragraph 1 – point a
(a) the conformity assessment procedure based on internal control referred to in Annex VI;deleted
2022/06/13
Committee: IMCOLIBE
Amendment 2167 #

2021/0106(COD)

Proposal for a regulation
Article 43 – paragraph 1 – point b
(b) the conformity assessment procedure based on assessment of the quality management system and assessment of the technical documentation, with the involvement of a notified body, referred to in Annex VII.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 2184 #

2021/0106(COD)

Proposal for a regulation
Article 43 – paragraph 2
2. For high-risk AI systems referred to in points 2 to 8 of Annex III, providers shall follow the conformity assessment procedure based on internal control as referred to in Annex VI, which does not provide forassessment of the quality management system and assessment of the technical documentation, with the involvement of a notified body, referred to in Annex VII. For high-risk AI systems referred to in point 5(b) of Annex III, placed on the market or put into service by credit institutions regulated by Directive 2013/36/EU, the conformity assessment shall be carried out as part of the procedure referred to in Articles 97 to101 of that Directive.
2022/06/13
Committee: IMCOLIBE
Amendment 2187 #

2021/0106(COD)

Proposal for a regulation
Article 43 – paragraph 3 a (new)
3a. High-risk AI systems shall periodically be subject to a conformity assessment review procedure.
2022/06/13
Committee: IMCOLIBE
Amendment 2195 #

2021/0106(COD)

Proposal for a regulation
Article 43 – paragraph 4 – subparagraph 1
For high-risk AI systems that continue to learn after being placed on the market or put into service, changes to the high-risk AI system and its performance tshatll constitute a substantial modification, including if they have been pre-determined by the provider at the moment of the initial conformity assessment and are part of the information contained in the technical documentation referred to in point 2(f) of Annex IV, shall not constitute a substantial modification.
2022/06/13
Committee: IMCOLIBE
Amendment 2202 #

2021/0106(COD)

Proposal for a regulation
Article 43 – paragraph 5
5. The Commission is empowered to adopt delegated acts in accordance with Article 73 for the purpose of updating Annexes VI and Annex VII in order to introduce elements of the conformity assessment procedures that become necessary in light of technical progress.
2022/06/13
Committee: IMCOLIBE
Amendment 2203 #

2021/0106(COD)

Proposal for a regulation
Article 43 – paragraph 6
6. The Commission is empowered to adopt delegated acts to amend paragraphs 1 and 2 in order to subject high-risk AI systems referred to in points 2 to 8 of Annex III to the conformity assessment procedure referred to in Annex VII or parts thereof. The Commission shall adopt such delegated acts taking into account the effectiveness of the conformity assessment procedure based on internal control referred to in Annex VI in preventing or minimizing the risks to health and safety and protection of fundamental rights posed by such systems as well as the availability of adequate capacities and resources among notified bodies.
2022/06/13
Committee: IMCOLIBE
Amendment 2209 #

2021/0106(COD)

Proposal for a regulation
Article 44 – paragraph 1
1. Certificates issued by notified bodies in accordance with Annex VII shall be drawn-up in anthe official Union language determined byof the Member State in which the notified body is established or in an official Union language otherwise acceptable to the notified body.
2022/06/13
Committee: IMCOLIBE
Amendment 2211 #

2021/0106(COD)

Proposal for a regulation
Article 46 – paragraph 2 – introductory part
2. Each notified body shall inform the other notified bodies and the notifying authority of:
2022/06/13
Committee: IMCOLIBE
Amendment 2231 #

2021/0106(COD)

Proposal for a regulation
Article 49 – paragraph 1
1. The CE marking shall be affixed visibly, legibly and indelibly for high-risk AI systems before they are placed on the market, made available on the market or put into service. Where that is not possible or not warranted on account of the nature of the high-risk AI system, it shall be affixed to the packaging or to the accompanying documentation, as appropriate.
2022/06/13
Committee: IMCOLIBE
Amendment 2354 #

2021/0106(COD)

Proposal for a regulation
Article 54 – paragraph 1 – point a a (new)
(aa) natural persons whose personal data are used for the development and testing of certain innovative AI systems in the sandbox shall be informed of the collection and use of their data and shall have given their consent thereto;
2022/06/13
Committee: IMCOLIBE
Amendment 2433 #

2021/0106(COD)

Proposal for a regulation
Article 57 – paragraph 1
1. The Board shall be composed of the national supervisory authorities, who shall be represented by the head or equivalent high-level official of that authority, and the European Data Protection Supervisor and the national data protection bodies. Other national authorities may be invited to the meetings, where the issues discussed are of relevance for them.
2022/06/13
Committee: IMCOLIBE
Amendment 2446 #

2021/0106(COD)

Proposal for a regulation
Article 57 – paragraph 2
2. The Board shall adopt its rules of procedure by a simpletwo-thirds majority of its members, following the consent of the Commission. The rules of procedure shall also contain the operational aspects related to the execution of the Board’s tasks as listed in Article 58. The Board may establish sub-groups as appropriate for the purpose of examining specific questions.
2022/06/13
Committee: IMCOLIBE
Amendment 2452 #

2021/0106(COD)

Proposal for a regulation
Article 57 – paragraph 3
3. The Board shall be chaired by the Commission. The Commissionnational supervisory authority of the Member State holding the Presidency of the Council of the European Union. The latter shall convene the meetings and prepare the agenda in accordance with the tasks of the Board pursuant to this Regulation and with its rules of procedure. The Commission shall provide administrative and analytical support for the activities of the Board pursuant to this Regulation.
2022/06/13
Committee: IMCOLIBE
Amendment 2565 #

2021/0106(COD)

Proposal for a regulation
Article 59 – paragraph 2
2. Each Member State shall designate aone or more national supervisory authorityies among the national competent authorities. The national supervisory authority or authorities shall act as notifying authorityies and market surveillance authority unless a Member State has organisational and administrative reasons to designate more than one authorityies.
2022/06/13
Committee: IMCOLIBE
Amendment 2567 #

2021/0106(COD)

Proposal for a regulation
Article 59 – paragraph 3
3. Member States shall inform the Commission of their designation or designations and, where applicable, the reasons for designating more than one authority.
2022/06/13
Committee: IMCOLIBE
Amendment 2579 #

2021/0106(COD)

Proposal for a regulation
Article 59 – paragraph 5
5. Member States shall report to the Commission on an annual basis on the status of the financial and human resources of the national competent authorities with an assessment of their adequacy. The Commission shall transmit that information to the Board for discussion and possible recommendations.
2022/06/13
Committee: IMCOLIBE
Amendment 2645 #

2021/0106(COD)

Proposal for a regulation
Article 61 – paragraph 2
2. The post-market monitoring system shall actively and systematically collect, document and analyse relevant data provided by users or collected through other sources, not including the automated transmission of data, on the performance of high- risk AI systems throughout their lifetime, and allow the provider to evaluate the continuous compliance of AI systems with the requirements set out in Title III, Chapter 2.
2022/06/13
Committee: IMCOLIBE
Amendment 2647 #

2021/0106(COD)

Proposal for a regulation
Article 61 – paragraph 3
3. The post-market monitoring system shall be based on a post-market monitoring plan. The post-market monitoring plan shall be part of the technical documentation referred to in Annex IV. The Commission shall adopt an implementing act laying down detailed provisions establishing a template for the post-market monitoring plan and the list of elements to be included in the plan. These provisions shall not provide for the automated and systematic transmission of data.
2022/06/13
Committee: IMCOLIBE
Amendment 2659 #

2021/0106(COD)

Proposal for a regulation
Article 62 – paragraph 1 – subparagraph 1
Such notification shall be made immediately after the provider has established a causal link between the AI system and the incident or malfunctioning or the reasonable likelihood of such a link, and, in any event, not later than 15 day72 hours after the providers becomes aware of the serious incident or of the malfunctioning.
2022/06/13
Committee: IMCOLIBE
Amendment 2707 #

2021/0106(COD)

Proposal for a regulation
Article 65 – paragraph 1
1. AI systems presenting a risk shall be understood as a product presenting a risk defined in Article 3, point 19 of Regulation (EU) 2019/1020 insofar as risks to the health or safety or to the protection of fundamental rights of persons, or of public order or the national security of the Member States are concerned.
2022/06/13
Committee: IMCOLIBE
Amendment 2718 #

2021/0106(COD)

Proposal for a regulation
Article 65 – paragraph 2 – subparagraph 1
Where, in the course of that evaluation, the market surveillance authority finds that the AI system does not comply with the requirements and obligations laid down in this Regulation, it shall without delay require the relevant operator to take all appropriate corrective actions to bring the AI system into compliancwithin a reasonable period, commensurate with the nature of the risk, and which it may prescribe, to withdraw the AI system from the market, or to recall it within a reasonable period, commensurate with the nature of the risk, as it may prescribto bring it into compliance.
2022/06/13
Committee: IMCOLIBE
Amendment 2732 #

2021/0106(COD)

Proposal for a regulation
Article 65 – paragraph 7
7. The market surveillance authorities of the Member States other than the market surveillance authority of the Member State initiating the procedure shall without delay inform the Commission and the other Member States of any measures adopted and of any additional information at their disposal relating to the non-compliance of the AI system concerned, and, in the event of disagreement with the notified national measure, of their objections.
2022/06/13
Committee: IMCOLIBE
Amendment 2734 #

2021/0106(COD)

Proposal for a regulation
Article 65 – paragraph 8
8. Where, within three months of receipt of the information referred to in paragraph 5, no objection has been raised by either a Member State or the Commission in respect of a provisional measure taken by a Member State, that measure shall be deemed justified. This is without prejudice to the procedural rights of the concerned operator in accordance with Article 18 of Regulation (EU) 2019/1020.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 2738 #

2021/0106(COD)

Proposal for a regulation
Article 66
Union safeguard procedure 1. Where, within three months of receipt of the notification referred to in Article 65(5), objections are raised by a Member State against a measure taken by another Member State, or where the Commission considers the measure to be contrary to Union law, the Commission shall without delay enter into consultation with the relevant Member State and 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 within 9 months from the notification referred to in Article 65(5) and notify such decision to the Member State concerned. 2. If the national measure is considered justified, all Member States shall take the measures necessary to ensure that the non-compliant AI system is withdrawn from their market, and shall inform the Commission accordingly. If the national measure is considered unjustified, the Member State concerned shall withdraw the measure. 3. Where the national measure is considered justified and the non- compliance of the AI system is attributed to shortcomings in the harmonised standards or common specifications referred to in Articles 40 and 41 of this Regulation, the Commission shall apply the procedure provided for in Article 11 of Regulation (EU) No 1025/2012.Article 66 deleted
2022/06/13
Committee: IMCOLIBE
Amendment 2757 #

2021/0106(COD)

Proposal for a regulation
Article 67 – paragraph 4
4. The Commission shall without delay enter into consultation with the Member States and the relevant operator and shall evaluate the national measures taken. On the basis of the results of that evaluation, the Commission shall decide whether the measure is justified or not and, where necessary, propose appropriate measures.
2022/06/13
Committee: IMCOLIBE
Amendment 2767 #

2021/0106(COD)

Proposal for a regulation
Article 68 – paragraph 2
2. Where the non-compliance referred to in paragraph 1 persists for longer than one week following receipt of the relevant notice, the Member State concerned shall take all appropriate measures to restrict or prohibit the high- risk AI system being made available on the market or ensure that it is recalled or withdrawn from the market. , imposing, where necessary, the penalties laid down in national law.
2022/06/13
Committee: IMCOLIBE
Amendment 2789 #

2021/0106(COD)

Proposal for a regulation
Article 69 – paragraph 2
2. The Commission and the Board shall encourage and facilitate the drawing up of codes of conduct intended to foster the voluntary application to AI systems of requirements related for example to environmental sustainability, accessibility for persons with a disability, and stakeholders participation in the design and development of the AI systems and diversity of development teams on the basis of clear objectives and key performance indicators to measure the achievement of those objectives.
2022/06/13
Committee: IMCOLIBE
Amendment 2814 #

2021/0106(COD)

Proposal for a regulation
Article 71 – paragraph 1
1. In compliance with the terms and 1. conditions laid down in this Regulation, Member States shall lay down the rules on penalties, including administrative fines, applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are properly and effectively implemented. The penalties provided for shall be effective, proportionate, and dissuasive. They shall take into particular account the interests of small-scale providers and start-ups and their economic viability, as well as the extent to which the infringement was intentionally committed and the extent of the harm sustained.
2022/06/13
Committee: IMCOLIBE
Amendment 2834 #

2021/0106(COD)

Proposal for a regulation
Article 71 – paragraph 3 – introductory part
3. The following infringements shall be subject to administrative fines of up to 31 000 000 000 EUR or, if the offender is a company, up to 610 % of its total worldwide annual turnover for the preceding financial year, whichever is higher:
2022/06/13
Committee: IMCOLIBE
Amendment 2889 #

2021/0106(COD)

Proposal for a regulation
Article 72 – paragraph 1 – point b
(b) the cooperation with the European Data Protection Supervisor in order to remedy the infringement and mitigate the possible adverse effects of the infringement, including compliance with any of the measures previously ordered by the European Data Protection Supervisor against the Union institution or agency or body concerned with regard to the same subject matter;deleted
2022/06/13
Committee: IMCOLIBE
Amendment 2897 #

2021/0106(COD)

Proposal for a regulation
Article 72 – paragraph 2 – introductory part
2. The following infringements shall be subject to administrative fines of up to 530 000 000 EUR:
2022/06/13
Committee: IMCOLIBE
Amendment 2907 #

2021/0106(COD)

Proposal for a regulation
Article 72 – paragraph 3
3. The non-compliance of the AI system with any requirements or obligations under this Regulation, other than those laid down in Articles 5 and 10, shall be subject to administrative fines of up to 250 000 000 EUR.
2022/06/13
Committee: IMCOLIBE
Amendment 2914 #

2021/0106(COD)

Proposal for a regulation
Article 72 – paragraph 6
6. Funds collected by imposition of fines in this Article shall be the income of the general budget of the Union.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 2944 #

2021/0106(COD)

Proposal for a regulation
Article 83 – paragraph 1 – introductory part
1. This Regulation shall not apply to the AI systems which are components of the large-scale IT systems established by the legal acts listed in Annex IX that have been placed on the market or put into service before [12 months after the date of application of this Regulation referred to in Article 85(2)], unless the replacement or amendment of those legal acts leads to a significant change in the design or intended purpose of the AI system or AI systems concerned.
2022/06/13
Committee: IMCOLIBE
Amendment 2958 #

2021/0106(COD)

Proposal for a regulation
Article 83 – paragraph 2
2. This Regulation shall apply to the high-risk AI systems, other than the ones referred to in paragraph 1, that have been placed on the market or put into service before [date of application of this Regulation referred to in Article 85(2)], only if, from that date, those systems are subject to significant changes in their design or intended purpose.
2022/06/13
Committee: IMCOLIBE
Amendment 3026 #

2021/0106(COD)

Proposal for a regulation
Annex I – point c a (new)
(c a) Approaches based on neural network imitation and neuro-robotic networks;
2022/06/13
Committee: IMCOLIBE
Amendment 3027 #

2021/0106(COD)

Proposal for a regulation
Annex I – point c b (new)
(c b) Machine learning tasks on graphs for repetition tasks or pattern recognition;
2022/06/13
Committee: IMCOLIBE
Amendment 3028 #

2021/0106(COD)

(c c) Natural language programming techniques, including emotion detection and recognition systems, using interactions between human language and computer language;
2022/06/13
Committee: IMCOLIBE
Amendment 3029 #

2021/0106(COD)

Proposal for a regulation
Annex I – point c d (new)
(c d) Artificial vision for pattern recognition, including graphical analysis or digital signature identification;
2022/06/13
Committee: IMCOLIBE
Amendment 3030 #

2021/0106(COD)

Proposal for a regulation
Annex I – point c e (new)
(c e) Interactive systems related to mechatronics, robotics and automation systems.
2022/06/13
Committee: IMCOLIBE
Amendment 3036 #

2021/0106(COD)

Proposal for a regulation
Annex II – Part A – point 12 a (new)
12a. [REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC]
2022/06/13
Committee: IMCOLIBE
Amendment 3037 #

2021/0106(COD)

Proposal for a regulation
Annex II – Part A – point 12 b (new)
12b. [REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on contestable and fair markets in the digital sector (Digital Markets Act)].
2022/06/13
Committee: IMCOLIBE
Amendment 3061 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 1 – point a
(a) AI systems intended to be used for the ‘real-time’ and ‘post’ remote biometric identification of natural persons, within the strict limits of the exemption from the general prohibition on their use laid down in Article 5;
2022/06/13
Committee: IMCOLIBE
Amendment 3070 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 1 – point a a (new)
(a a) AI systems intended to be used by autonomous devices, drones or vehicles to transport or collect natural persons;
2022/06/13
Committee: IMCOLIBE
Amendment 3141 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 5 – point c
(c) AI systems intended to be used, without taking any decisions on the matter, to dispatch, or to establish priority in the dispatching of emergency first response services, including by firefighters and medical aid.
2022/06/13
Committee: IMCOLIBE
Amendment 3148 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 6 – point a
(a) AI systems intended to be used by law enforcement authorities for making individual risk assessments of natural persons in order to assess the risk of a natural person for offending or reoffending or the risk for potential victims of criminal offences;deleted
2022/06/13
Committee: IMCOLIBE
Amendment 3156 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 6 – point b
(b) AI systems intended to be used by law enforcement authorities as polygraphs and similar tools or to detect the emotional state of a natural person;deleted
2022/06/13
Committee: IMCOLIBE
Amendment 3173 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 6 – point e
(e) AI systems intended to be used by law enforcement authorities for predicting the occurrence or reoccurrence of an actual or potential criminal offence based on profiling of natural persons as referred to in Article 3(4) of Directive (EU) 2016/680 or assessing personality traits and characteristics or past criminal behaviour of natural persons or groups;deleted
2022/06/13
Committee: IMCOLIBE
Amendment 3180 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 6 – point f
(f) AI systems intended to be used by law enforcement authorities for profiling of natural persons as referred to in Article 3(4) of Directive (EU) 2016/680 in the course of detection, investigation or prosecution of criminal offences;deleted
2022/06/13
Committee: IMCOLIBE
Amendment 3228 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 8
8. Administration of justice and democratic processes: (a) AI systems intended to assist a judicial authority in researching and interpreting facts and the law and in applying the law to a concrete set of facts.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 3283 #

2021/0106(COD)

Proposal for a regulation
Annex VI
CONFORMITY ASSESSMENT PROCEDURE BASED ON INTERNAL CONTROL 1. The conformity assessment procedure based on internal control is the conformity assessment procedure based on points 2 to 4. 2. The provider verifies that the established quality management system is in compliance with the requirements of Article 17. 3. The provider examines the information contained in the technical documentation in order to assess the compliance of the AI system with the relevant essential requirements set out in Title III, Chapter 2. 4. The provider also verifies that the design and development process of the AI system and its post-market monitoring as referred to in Article 61 is consistent with the technical documentation.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 50 #

2021/0045(COD)

Proposal for a regulation
Recital 35
(35) A contract which includes any type of regulated retail roaming service should specify the characteristics of that regulated retail roaming service, including the expected level of quality of serviceclear and comprehensible information on the expected level of quality of service. Such information should be provided in line with BEREC’s retail roaming guidelines. The provider should make available information on relevant factors that can affect the quality of service, such as availability of certain technologies, coverage or variation due to external factors such as topography.
2021/06/07
Committee: IMCO
Amendment 57 #

2021/0045(COD)

Proposal for a regulation
Recital 36
(36) Roaming customers and home operators sometimes unwittingly incur large bills as a result of the lack of transparency on the numbers used for value added services across the Union and on the wholesale prices charged for value added services. Communications to certain numbers which are used for providing value added services, for example, premium-rate numbers, freephone numbers or shared cost numbers, are subject to particular pricing conditions at the national level. This Regulation should not apply to the part of the tariff that is charged for the provision of value added services but only to the tariffs for the connection to such services. Nevertheless, the RLAH principle might create an expectation for end-users that communications to such numbers while roaming should not incur any increased cost in comparison to the domestic situation. However, this is not always the case when roaming. End-users are confronted with increased costs, even when they call numbers that are free when called domestically. This could erode customers’ confidence in using their phones when roaming and could result in bill shocks, thus having a negative impact on a genuine RLAH experience. This is mainly caused, at retail level by the insufficient level of transparency on the higher charges which can be incurred because of communications to value added services numbers. Therefore measures should be introduced to increase the transparency on the conditions for communications to value added services numbers. To that end, roaming customers and roaming customers living with a disability should be informed in their contract and notified and warned, in a timely manner and free of charge, that communications to value added services numbers in roaming can entail additional charges.
2021/06/07
Committee: IMCO
Amendment 86 #

2021/0045(COD)

Proposal for a regulation
Article 9 – paragraph 3 – point c
(c) clear and comprehensible information on the quality of service that can reasonably be expected when roaming in the Union, including in particular information on the speed and potential limitation to the transmission of data.
2021/06/07
Committee: IMCO
Amendment 94 #

2021/0045(COD)

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 3
Roaming providers shall, except when the roaming customer has notified the roaming provider that he does not require this service, provide the customer, automatically by means of a Message Service, without undue delay and free of charge, when the roaming customer enters a Member State other than that of his domestic provider, with information on the potential risk of increased charges due to the use of value added services including a link to a dedicated webpage providing information about the types of services that may be subject to increased costs and, if available, information on value added services number ranges. Such communications shall be guaranteed and easily accessible in particular for roaming customers living with a disability.
2021/06/07
Committee: IMCO
Amendment 1 #

2020/2260(INI)

Draft opinion
Recital A (new)
A (new) whereas in 2019, the value of total trade of agricultural goods between the EU and the rest of the world was €325 billion with a trade surplus of €39billion;1a _________________ 1ahttps://ec.europa.eu/eurostat/statistics- explained/index.php?title=Extra- EU_trade_in_agricultural_goods#EU_tra de_in_agricultural_products:_surplus_of _.E2.82.AC39_billion
2021/02/09
Committee: INTA
Amendment 3 #

2020/2260(INI)

Draft opinion
Paragraph 1
1. Stresses that EU trade policy has a major role to play in the transition towards more sustainable agri-food systems, in line with the Paris Agreement and the European Green Deal; without putting at risk the competitiveness of the European production; EU trade policy should be designed to provide the consumer with the best products putting European farmers and producers at the core; highlights that domestic related policies and trade should never encourage practices that lead to a significant increase of imports from third countries which might have less ambitious social, environmental and SPS standards;
2021/02/09
Committee: INTA
Amendment 5 #

2020/2260(INI)

Draft opinion
Paragraph 1
1. Welcomes the fact that the aim of the Farm to Fork Strategy is to establish a sustainable, healthy and resilient food system which benefits consumers in the EU; recalls the importance of an overall impact assessment to make sure that any legislative measure is without prejudice to the EU internal market;
2021/01/18
Committee: IMCO
Amendment 12 #

2020/2260(INI)

Draft opinion
Paragraph 1
1. Welcomes the fact that the aim of the Farm to Fork Strategy is to establish a local, sustainable, healthy and resilient food system which benefits consumers in the EU;
2021/01/18
Committee: IMCO
Amendment 27 #

2020/2260(INI)

Draft opinion
Paragraph 2
2. Considers that promoting healthy and sustainable food consumption calls for changesinvolves paying attention to diets, production systems and, internal trade and promoting public food education campaigns starting from primary schools;
2021/01/18
Committee: IMCO
Amendment 33 #

2020/2260(INI)

Draft opinion
Paragraph 2
2. Notes that the EU internal market is the world’s biggest importer and exporter of agri-food products; is convinced that the EU should use this position to set the benchmark in terms of standards for sustainable food systems, based on the precautionary principle, environmental protection, , respect of human rights and animal welfare;
2021/02/09
Committee: INTA
Amendment 37 #

2020/2260(INI)

Draft opinion
Paragraph 2 a (new)
2a. Notes that quality food, fair profits for producers, fair prices for consumers, food sovereignty, environmental protection and high standards of animal welfare are key objectives for a balanced consumption policy;
2021/01/18
Committee: IMCO
Amendment 40 #

2020/2260(INI)

Draft opinion
Paragraph 2 a (new)
2a. Deplores that the new initiative proposed does not take into account the impact of the Covid-19crisis and the consequent food insecurity in the European market; in this regard, stresses with big concern that the Covid-19 crisis is expected to significantly increase the EU population unable to afford a healthy and nutritious meal;
2021/02/09
Committee: INTA
Amendment 43 #

2020/2260(INI)

Draft opinion
Paragraph 2 b (new)
2b. Stresses that the Covid-19 pandemic has highlighted the need to shorten the EU food supply chain and to make it less dependent on imports from third countries, thus increasing the EU’s resilience in order to meet the needs of consumers and to secure the food production and the stocks;
2021/02/09
Committee: INTA
Amendment 45 #

2020/2260(INI)

Draft opinion
Paragraph 2 c (new)
2c. Underlines that local production is - and will always be - more sustainable than global food production as it meets the immediate needs of consumers, reduces food waste, and can have a lesser impact on the environment by reducing transport related GHG emissions;
2021/02/09
Committee: INTA
Amendment 45 #

2020/2260(INI)

Draft opinion
Paragraph 3
3. Calls on the Commission to step up its support for regional food systems and short supply chains, which act as a source of fresh, sustainable and better quality products for consumers; takes the view that legislation on European public procurement should be revised in order to foster local, high-quality food supply systems; underlines the fundamental role of public administrations in the collective catering sector, in which priority should be given to organic, traditional, typical products, products with geographical indication and from a short supply chain;
2021/01/18
Committee: IMCO
Amendment 57 #

2020/2260(INI)

Draft opinion
Paragraph 3 a (new)
3a. Considers that local, national or European preference in public tenders for food (canteens, hospitals, etc.) should be encouraged;
2021/01/18
Committee: IMCO
Amendment 60 #

2020/2260(INI)

Draft opinion
Paragraph 3
3. Believes that sustainable production should become a key characteristic of EU agri-food products, expanding the concept of quality to social and environmentthe Commission should take into account that sustainability is not only focused on environmental issues as it should be taken as a global concept also including economic and social aspects;
2021/02/09
Committee: INTA
Amendment 65 #

2020/2260(INI)

Draft opinion
Paragraph 3 a (new)
3a. Believes that the main objective of the Farm to Fork Strategy should be to guarantee the access to healthy and nutritious food for consumers at a fair price, as well as ensuring decent salaries for producers; furthermore the strategy should strengthen the position of EU farmers and producers in the global food supply chain; in this regard the strategy should also set out realistic, achievable, and fair objectives by giving the possibility and the time needed for producers to gradually adapt to any changes required in the production process without any abrupt shifts and without discriminating any sector per se;
2021/02/09
Committee: INTA
Amendment 68 #

2020/2260(INI)

Draft opinion
Paragraph 3 b (new)
3b. Remarks that the loss of competitiveness and production capacity caused to European companies - if the announced Farm to Fork target thresholds are confirmed - could only be mitigated if the other major world players also adopted a system of equivalent environmental rules, reminds the Commission that currently there are no elements that make us think that this can happen in a sufficient way;
2021/02/09
Committee: INTA
Amendment 69 #

2020/2260(INI)

Draft opinion
Paragraph 3 c (new)
3c. Underlines the importance of preserving the production specificities, the quality and the distinctiveness of the EU productive model forged through historical and cultural practices; in this regard, stresses the need to consider that many farming practices are part of the national and European cultural heritage and are moreover designed by geographic, regionals and climate related specificities; recalls that those practices should be cherished as part of the European and international heritage and preserved from any ideological interferences; furthermore any future evolvement should take into account the local peculiarities of each Member State and the need to define proportionate and calibrated objectives according to the principle of subsidiarity;
2021/02/09
Committee: INTA
Amendment 71 #

2020/2260(INI)

Draft opinion
Paragraph 4 a (new)
4a. Urges the Commission to allow Member States that so wish (Bulgaria, Slovakia, etc.) to encourage the creation of special shelves in supermarkets for local or national products;
2021/01/18
Committee: IMCO
Amendment 75 #

2020/2260(INI)

Draft opinion
Paragraph 4 b (new)
4b. Calls on the Commission to make it easier for quality products from micro- enterprises to access local markets;
2021/01/18
Committee: IMCO
Amendment 80 #

2020/2260(INI)

Draft opinion
Paragraph 5
5. Supports the establishment of a governance framework and a code of conduct for food and retail businesses, in order to make them accountable and aware of the importance of sustainability and health; points out the importance of tackling free-riding throughout the food supply chain in order to ensure a fair price for products and protect the reputation of those products with quality marks;
2021/01/18
Committee: IMCO
Amendment 85 #

2020/2260(INI)

Draft opinion
Paragraph 5
5. Supports the establishment of a governance framework and a code of conduct for food and retail businesses, in order to make them accountable and aware of the importance of sustainability and health; recalls the importance of effective application of the Directive on unfair practices in the agri-food chain;
2021/01/18
Committee: IMCO
Amendment 87 #

2020/2260(INI)

Draft opinion
Paragraph 5
5. Emphasises the importance of enforceable Trade and Sustainable Development chapters in trade agreements to promote biodiversity, foster more sustainable agri-food production and stop EU-driven global deforestation; urges support for developing countries to promote food security and alignment with European standards for sustainability;le production and respect of human rights; ; in this regard, expresses its deep concern on how the Farm to Fork Strategy could generate a higher level of food insecurity worldwide, by reducing the European and the global production as suggested in the report published in 2020 by the United States Department of Agriculture; stresses that it has been evidenced that organic production alone is not able to meet the needs and provide the necessary aliments to feed the world population.
2021/02/09
Committee: INTA
Amendment 90 #

2020/2260(INI)

Draft opinion
Paragraph 5 a (new)
5a. Points out that, although food prices are soaring for consumers, producers are still receiving too low a share of the value added; calls for the distribution of value added to be rebalanced;
2021/01/18
Committee: IMCO
Amendment 97 #

2020/2260(INI)

Draft opinion
Paragraph 6
6. WelcomAcknowledges the Commission’s initiative to promote healthier diets by introducing nutritional profiles, accompanied by mandatovoluntary and harmonised labelling of the nutritional value of foods on the front of packaging; underlines however that front-of-pack labelling schemes as Nutri-Score, not based on actual portions of consumption, mislead consumers, influencing their choices on the basis of simplistic and distorted judgments that consistently lack nutrition- specific information;
2021/01/18
Committee: IMCO
Amendment 100 #

2020/2260(INI)

Draft opinion
Paragraph 6
6. WelcomAcknowledges the Commission’s initiative to promote healthier diets by introducing nutritional profiles, accompanied by mandatthrough consumer education campaigns and actions that inforym and harmonised labelling of the nutritional vabout the importance of a varied and balanced diet, which does not exclude ofany food as lon the front of packagingg as it is consumed in the right quantities and frequencies and which is accompanied by adequate physical activity;
2021/01/18
Committee: IMCO
Amendment 104 #

2020/2260(INI)

Draft opinion
Paragraph 5 a (new)
5a. Regrets the absence of an effective impact assessment for the Biodiversity and Farm to Fork strategies and recalls the need to present legislative proposals only when following an assessment of the overall effects of the strategies from an environmental, social and economic point of view;
2021/02/09
Committee: INTA
Amendment 108 #

2020/2260(INI)

Draft opinion
Paragraph 6 a (new)
6a. Stresses that the key to pursue the objective of healthier diets should be providing clear and correct information to consumers, not influencing their food choices with distortive claims on nutritional values; it further underlines that nutrition labelling schemes could be detrimental to some products that benefit from an indication of origin;
2021/01/18
Committee: IMCO
Amendment 113 #

2020/2260(INI)

Draft opinion
Paragraph 6 b (new)
6b. Supports the Commission's proposal to introduce a harmonized front- pack labelling system (FOP) based on solid scientific evidence and supported by accurate impact assessments, a scheme based on the principles of Article 35 of Regulation (EU) 1169/2011, voluntary, informative and non-discriminatory;
2021/01/18
Committee: IMCO
Amendment 115 #

2020/2260(INI)

Draft opinion
Paragraph 6
6. Stresses the risk of putting the EU agri-food sector at a competitive disadvantage in the absence of global convergence of standards, and of leading to increased costs for consumers; calls on the Commission to immediately conduct and present a comprehensive neutral impact assessment of the targets envisaged in the Strategy, as well as proportionate measures to maintain the competitiveness of the EU agri-food sector and ensure reciprocity of standards; recalls that FTAs should be based on a coordinated approach, fostering more consistency between trade, customs and market surveillance; furthermore, urges the Commission to set a more ambitious agenda regarding food fraud and adulteration in FTAs;
2021/02/09
Committee: INTA
Amendment 122 #

2020/2260(INI)

Draft opinion
Paragraph 7
7. Regards it as essential, further, to keepsafeguard consumers better informed by introducing mandatory origin labelling of food, which would be broadened to cover animal welfare, sustainability and pesticide residue levels’ right to complete information for a conscious and safe choice by introducing mandatory origin labelling of food and the need to evaluate, in the context of the labelling of products of animal origin, an indication on the animal welfare, sustainability and pesticide residue levels; stresses in any case that every initiative in this sense should be subject to the need to safeguard the European livestock market;
2021/01/18
Committee: IMCO
Amendment 127 #

2020/2260(INI)

Draft opinion
Paragraph 7
7. Regards it as essential, further, to keep consumers better informed by introducing mandatory ingredient origin labelling of processed and unprocessed food, which would be broadened to cover animal welfare, sustainability and pesticide residue levels;
2021/01/18
Committee: IMCO
Amendment 129 #

2020/2260(INI)

Draft opinion
Paragraph 6 a (new)
6a. Notes that the Farm to Fork Strategy will set out various constraints for producers which should be counterbalanced by the provision of alternative tools; in this regard calls on the Commission to support research, development and innovation activities related to the agri-food sector in order to provide realistic, science based and suitable solutions, which can ensue the necessary tools (like NBT) and lead to feasible new practices in order to achieve a more sustainable agricultural production;
2021/02/09
Committee: INTA
Amendment 134 #

2020/2260(INI)

Draft opinion
Paragraph 7 a (new)
7a. Underlines the importance of extending the indication of origin labelling, including that of primary ingredients, to all agricultural supply chains; stresses that the indication of origin requirement should be made uniform throughout the EU internal market in such a way that is sustainable for the entire agri-food chain;
2021/01/18
Committee: IMCO
Amendment 135 #

2020/2260(INI)

Draft opinion
Paragraph 7 a (new)
7a. Calls for mandatory labelling of meat products and processed meat products, indicating the animal’s place of birth, rearing and slaughter, and the animal welfare conditions, including transport and method of slaughter, so that consumers can make an informed choice;
2021/01/18
Committee: IMCO
Amendment 142 #

2020/2260(INI)

Draft opinion
Paragraph 6 b (new)
6b. Calls on the Commission to develop a mandatory origin labelling system within the EU in order to increase transparency and improve consumer awareness; stresses the need for an effective system shared by the entire agri- food chain, in order to ensure the level playing field of application in Europe; underlines that particular attention must be paid to new technological and digital innovation tools that can provide a contribution to the traceability of the supply chain;
2021/02/09
Committee: INTA
Amendment 143 #

2020/2260(INI)

Draft opinion
Paragraph 7 b (new)
7b. Calls for the ‘EU and non-EU’ indication of origin to be immediately prohibited for foodstuffs such as honey and jam, because it is often fake and misleads consumers about the European origin of the product;
2021/01/18
Committee: IMCO
Amendment 144 #

2020/2260(INI)

Draft opinion
Paragraph 7 c (new)
7c. Calls for a ban on all European public subsidies for slaughterhouses not stunning animals before their slaughter;
2021/01/18
Committee: IMCO
Amendment 145 #

2020/2260(INI)

Draft opinion
Paragraph 7 d (new)
7d. Considers that the clear and mandatory origin labelling of food should indicate a precise place of origin in the Member State or third country concerned;
2021/01/18
Committee: IMCO
Amendment 169 #

2020/2260(INI)

Draft opinion
Paragraph 10
10. Supports the Commission in its efforts to combat food fraud, which misleads consumers and distorts competition in the internal market, and regards it as essential to make the penalties imposed on fraudsters more dissuasive and to earmark sufficient resources so that checks can be stepped up and legally define at EU level the concepts of “Fraud and Agri-food Crime” and that of “Sounding”;
2021/01/18
Committee: IMCO
Amendment 183 #

2020/2260(INI)

Draft opinion
Paragraph 11 a (new)
11a. Notes that Turkey has engaged in unilateral and provocative activities against the EU, Member States and European leaders; notes, further, that Turkish unilateral and provocative activities in the Eastern Mediterranean are still taking place, including in Cyprus’ Exclusive Economic Zone; calls on the Commission and Member States to temporarily limit the access of Turkish foodstuffs to the internal market and European consumers.
2021/01/18
Committee: IMCO
Amendment 186 #

2020/2260(INI)

Draft opinion
Paragraph 11 a (new)
11a. Recalls that the tools of the Farm to Fork Strategy could be profitable for the European market only if environmental and social sustainability are placed at the core of the EU trade policy in relation to agreements with third Countries;
2021/01/18
Committee: IMCO
Amendment 15 #

2020/2242(INI)

Motion for a resolution
Recital A
A. whereas the EU hascurrently endorseds the Paris Agreement, the Green Deal and the goal of achieving a cost-efficient and fair transition leading to climate neutrality by 2050;
2020/12/11
Committee: ITRE
Amendment 30 #

2020/2242(INI)

Motion for a resolution
Recital B
B. whereas the transition togoals of a net-zero greenhouse gas economy requires a cleaninclude a ‘renewable’ energy transition that ensures sustainability, security of supply and affordability of energdepends on heavy subsidisation by the state and that guarantees neither grid stability nor security of supply;
2020/12/11
Committee: ITRE
Amendment 34 #

2020/2242(INI)

Motion for a resolution
Recital C
C. whereas hydrogen can be used for industrial, transport and heating applications, decarbonising sectors in which direct electrification is not possible or competitive, as well as for energy storage to balance the energy system, thereby playing a significant role in energy system integrationthe production of hydrogen is very energy-intensive, whereas significant additional energy losses arise during the production of hydrogen in connection with transformation processes, and whereas stringent technical requirements apply to a hydrogen network that does not yet exist, which is why it is unlikely in the immediate future, given the current state of the art, that hydrogen will be viable from the perspective of energy industry considerations or that its production in sufficient quantities can be guaranteed;
2020/12/11
Committee: ITRE
Amendment 64 #

2020/2242(INI)

Motion for a resolution
Paragraph 1
1. Stresses the need to maintain and further develop European technological leadership in clean hydrogen13 through a competitive and sustainable hydrogen economy with an integrated hydrogen market; emphasises the necessity of a European hydrogen strategy that covers the whole hydrogen value chaEmphasises that in the foreseeable future, it will only be possible to obtain the energy required to produce hydrogen for use in, including the demand and supply sectors, and is coordinated with national efforts to bring down the costs of clean hydrogen; welcomes, therefore, the hydrogen strategy for a climate-neutral Europe proposed by the Commission; _________________ 13 According to the Commission, ʻclean hydrogenʼ refers to hydrogen produced through electrolysis of water with electricity from renewable sources. It may also be produced through reforming of biogas or biochemical conversion of biomass, if in compliance with sustainability requirements.dustrial, heating or transport applications through the consistent use of fossil fuels;
2020/12/11
Committee: ITRE
Amendment 82 #

2020/2242(INI)

Motion for a resolution
Paragraph 2
2. Underlines that the ‘energy efficiency first’ principle prevails and that direct electrification, where possible, is naturally the preferable option for decarbonisation as it is more cost- and energy-efficient than the use of clean hydrogen;
2020/12/11
Committee: ITRE
Amendment 83 #

2020/2242(INI)

Motion for a resolution
Paragraph 3
3. Is convinced that only clean hydrogen is sustainably contributing to achieving climate neutrality in the long term;deleted
2020/12/11
Committee: ITRE
Amendment 100 #

2020/2242(INI)

Motion for a resolution
Paragraph 4
4. Believes that a common legal classification of the different types of hydrogen is of utmost importance; welcomes the classification proposed by the Commission; notes that avoiding two names for the same category, such as ʻrenewableʼ and ʻcleanʼ hydrogen, could further clarify that classificationproposes to the Commission the following categorisation for hydrogen as a basis for distinguishing between production processes: - obtained from renewable energies, - obtained from fossil fuels, - obtained from nuclear energy; stresses that the desire for rapid availability of large quantities of hydrogen is in conflict with the associated cost-related and environmental problems and the dogmatic non-use of fossil fuels;
2020/12/11
Committee: ITRE
Amendment 113 #

2020/2242(INI)

Motion for a resolution
Paragraph 5
5. Underlines the urgent need for European standards, certification and labelling systems for clean hydrogen and guarantees of origin for renewable electricity; believes that clean hydrogen should be determined according to an independent, science-based review of its lifecycle emissions; believes that there is a need for European safety and technical standards for hydrogen; calls on the Commission to provide a regulatory framework as early as possible in 2021;
2020/12/11
Committee: ITRE
Amendment 122 #

2020/2242(INI)

Motion for a resolution
Paragraph 6
6. Is strongly convinced that public acceptance is key to the successful creation of a hydrogen economy; stresses, therefore, the importance of public and stakeholder involvement and European safety and technical standards for hydrogen, and high-quality hydrogen solutions respecting those standardseconomy, efficiency and baseload capacity are key to every energy system;
2020/12/11
Committee: ITRE
Amendment 132 #

2020/2242(INI)

Motion for a resolution
Paragraph 7
7. Welcomes the Commission’s ambitious goals of increasing the capacity of renewable hydrogen electrolysers and hydrogen production; urges the Commission and the Member States to incentivise the value chain and market uptake of clean hydrogen in order to make it technologically mature and competitive with fossil-based and low- carbon hydrogen14; _________________ 14According to the Commission, ʻlow- carbon hydrogenʼ encompasses fossil- based hydrogen with carbon capture and electricity-based hydrogen, with significantly reduced full life-cycle greenhouse gas emissions compared to existing hydrogen production.deleted
2020/12/11
Committee: ITRE
Amendment 150 #

2020/2242(INI)

Motion for a resolution
Paragraph 8
8. Highlights that for a functioning and predictable internal hydrogen market, regulatory barriers need to be overcome and a coherent and comprehensive regulatory framework created; believes that the gas market regulatory framework and the Clean Energy Package could serve as blueprints for that purposeStresses that baseload-capable, efficient, economically viable and sustainable power generation does not require additional market incentives in the form of tax-funded subsidies;
2020/12/11
Committee: ITRE
Amendment 158 #

2020/2242(INI)

Motion for a resolution
Paragraph 9
9. Notes that, in order to build up a sustainable hydrogen economy fast enough to reach our climate goals, low- carbon hydrogen can play a transitional role; calls on the Commission to assess for how long and how much of this hydrogen would be needed approximately for decarbonisation purposes until solely clean hydrogen can play this role;deleted
2020/12/11
Committee: ITRE
Amendment 186 #

2020/2242(INI)

Motion for a resolution
Paragraph 10
10. Underlines that a cleann efficient use of hydrogen economy requires significant additional amounts of affordable renewable energy and the corresponding infrastructure; calls on the Commission and the Member States to step up their efforts in this regard and to abolish taxes and levies on renewable electricityenergy, which must logically be produced mainly using fossil fuels and which requires the corresponding infrastructure;
2020/12/11
Committee: ITRE
Amendment 205 #

2020/2242(INI)

Motion for a resolution
Paragraph 11
11. Emphasises the timely need for hydrogen production and transport infrastructure and the parallel development of demand and supply; welcomes, in this respect, the Commission’s intention to review Regulation No 347/2013 of 17 April 2013 on guidelines for trans-European energy infrastructure (the TEN-E Regulation)15; notes that, despite the concentration on industrial clusters in the first phase, the planning of infrastructure for transmission over longer distances and its regulation should already be undertaken; _________________ 15 OJ L 115, 25.4.2013, p. 39.ncourages the Commission and the Member States to provide advice to industry on hydrogen projects carried out within the context of infrastructure development;
2020/12/11
Committee: ITRE
Amendment 230 #

2020/2242(INI)

Motion for a resolution
Paragraph 12
12. Encourages the CommPoints out that hydrogen is sion and the Member States to assess the possibility of repurposing existing gas pipelines for the transport of pure hydrogen in order to maximise cost efficiency and minimise investment costs and levelised costs of transmissiognificantly more volatile and requires significantly higher pressure than natural gas; states that existing gas pipelines are unsuitable for pure hydrogen and would have to be upgraded and relaid at great cost; therefore also stresses that entire sealing and valve systems would have to be replaced and new compressor stations would have to be built; consequently notes that existing natural gas pipelines are not suitable for transporting pure hydrogen;
2020/12/11
Committee: ITRE
Amendment 257 #

2020/2242(INI)

Motion for a resolution
Paragraph 13
13. Highlights that, in order to achieve a fast market uptake of clean hydrogen and to avoid carbon lock-ins, demand for clean hydrogen must increase; acknowledges that the initial focus of hydrogen demand should be on sectors for which the use of hydrogen is close to competitive or that currently cannot be decarbonised by other means; believes that for these sectors roadmaps for demand development, investment and research needs should be established at European level; agrees with the Commission that demand-side policies such as quotas for the use of clean hydrogen in specific sectors and carbon contracts for difference (ʻCCfDʼ) are necessary to promote decarbonisation through clean hydrogenon a free market, demand and supply determine the price; therefore stresses that a planned increase in hydrogen demand should be rejected;
2020/12/11
Committee: ITRE
Amendment 291 #

2020/2242(INI)

Motion for a resolution
Paragraph 14
14. Stresses the importance of research, development and innovation along the whole value chain and of demonstration projects on an industrial scale in order to make clean hydrogen competitive; believes that involving SMEs and equipping workers with adequate knowledge about hydrogen are of the utmost importancsafe, efficient and competitive;
2020/12/11
Committee: ITRE
Amendment 300 #

2020/2242(INI)

Motion for a resolution
Paragraph 15
15. Underlines that significant amounts of investment are needed to make clean hydrogen competitive, and that European programmes and financing instruments such as Horizon Europe, the Connecting Europe Facility, InvestEU and the ETS Innovation Fund have a key role in fostering a cleanuse hydrogen economy; deeply deplores the Council’s cuts affecting these instruments; calls on the Commission to develop a coordinated investment strategy for clean hydrogenmpetitively;
2020/12/11
Committee: ITRE
Amendment 317 #

2020/2242(INI)

Motion for a resolution
Paragraph 16
16. Welcomes the European Clean Hydrogen Alliance and the Important Projects of Common European Interest (IPCEIs) as important means to enhance investment in clean hydrogen; encourages the Alliance to come up with an investment agenda and a project pipeline that can ensure the implementation of the hydrogen goals set by the Commission as soon as possible; welcomes the Commission’s plan to revise the State aid guidelines to include clean hydrogen;deleted
2020/12/11
Committee: ITRE
Amendment 335 #

2020/2242(INI)

Motion for a resolution
Paragraph 17
17. Stresses the work of the Fuel Cells and Hydrogen Joint Undertaking (FCH JU); asks the Commission to use it as a competence centre for clean hydrogen;deleted
2020/12/11
Committee: ITRE
Amendment 349 #

2020/2242(INI)

Motion for a resolution
Paragraph 18
18. Believes that the importing of clean hydrogen may become necessary to cater to European demand; calls on the Commission to establish mutually beneficial cooperation with neighbouring regionskes no sense from an energy- policy or economic perspective, as, compared with natural gas, extremely volatile hydrogen gas has a significantly lower energy density; stresses that hydrogen would have to be liquefied for transport, which would result in additional energy losses of 35 %; notes that, consequently, its transport is currently completely uneconomical;
2020/12/11
Committee: ITRE
Amendment 383 #

2020/2242(INI)

Motion for a resolution
Paragraph 20
20. Underlines the need for an integrated energy system in order to achieve climatand safeguard the eneutrargy-politcy by 2050objectives of security of supply and grid stability; believes that the integration of the electricity, gas and hydrogen grid is beneficial for a well-functioning hydrogen and energy market; welcomes the inclusion of hydrogen in the Commission’s Strategy for Energy System Integration; believes that clean hydrogen can play a key role in terms of energy storage to balance intermittent renewable energy supply and demand;
2020/12/11
Committee: ITRE
Amendment 5 #

2020/2223(INI)

Draft opinion
Paragraph 1 a (new)
1a. Stresses that competition policy applies only to actors operating on European territory, but that the globalised nature of the economy and trade enables key players to implement global strategies that are not subject to EU legislation and are designed to circumvent it, generating significant economic and social harm in Europe while appearing to meet the objectives of European competition; strongly recommends that these objectives, in particular those of low prices and the strong competition supposedly conducive to creativity, be revised in the light of the costs and destruction that their implementation entails, with the focus shifting to fair prices and equitable development;
2021/01/08
Committee: IMCO
Amendment 8 #

2020/2223(INI)

Draft opinion
Paragraph 1 a (new)
1a. Recalls the importance of safeguarding consumers' right to a conscious and safe choice by promoting tools that will ensure the highest level of transparency about the composition and origin of products;
2021/01/08
Committee: IMCO
Amendment 34 #

2020/2223(INI)

Draft opinion
Paragraph 4
4. Highlights the importance of a few online operators acting as gatekeepers to the digital economy, including access to e- commerce markets and the consequences on freedom of choice for consumers and access to markets for companies; underlines, thereforein that connection, the strategic requirement for the EU to have companies with comparable capacities, and calls on the Commission to adapt competition law rules in order to foster the rapid recovery of Member States’ economies and the emergence of such companies; stresses, further, the need for an internal market ex ante regulatory instrument to ensure that impacted markets remain fair and competitive; looks forward to seeing this instrument in the forthcoming Digital Markets Act proposal;
2021/01/08
Committee: IMCO
Amendment 45 #

2020/2223(INI)

Draft opinion
Paragraph 5
5. Notes that the Vertical Block Exemption Regulation has been inadequately adapted to recent market developments, notably the growth of online sales and online platforms; welcomes the impact assessment recently launched by the Commission and calls for further steps to address the issue, without prejudice to legislation on future services and digital markets;
2021/01/08
Committee: IMCO
Amendment 59 #

2020/2223(INI)

Draft opinion
Paragraph 6 b (new)
6b. Encourages the adoption of measures to strengthen European start- ups and SMEs as a means of supporting their competitiveness with non-EU ones, in accordance with the level playing field principle; stresses the need of a proper application of competition policy to third- country companies operating in the EU internal market;
2021/01/08
Committee: IMCO
Amendment 61 #

2020/2223(INI)

Draft opinion
Paragraph 7
7. Calls on the Commission to ensure fair and secure access to data for all market participantsin keeping with a European strategy of protection and sovereignty in their hosting, processing and management; notes that ithis should empower all consumers to control their data, whatever form they take and including the metadata of online services, such as connection details, interaction arrangements or information on the IT equipment used, and provide them with additional rights in terms of data portability and interoperability in order to ensure that the single market for data is based on European values and fair competitionthe full and uniform application of European law.
2021/01/08
Committee: IMCO
Amendment 6 #

2020/2217(INI)

Motion for a resolution
Citation 29 a (new)
- having regard to the OECD report entitled 'Building back better: a sustainable, resilient recovery after COVID-19', published on 5 June 2020,
2020/11/12
Committee: ITRE
Amendment 7 #

2020/2217(INI)

Motion for a resolution
Citation 29 b (new)
- having regard to the programmatic book entitled 'COVID-19: The Great Reset', a plan to 'reset the world' published by the World Economic Forum and co-signed by Klaus Schwab and Thierry Malleret,
2020/11/12
Committee: ITRE
Amendment 12 #

2020/2217(INI)

Motion for a resolution
Recital A a (new)
Aa. whereas the volume of data stored worldwide will increase from 33 ZB in 2018 to 175 ZB in 2025, and whereas the internet of things and China will account for a significant proportion of this sharp rise;
2020/11/12
Committee: ITRE
Amendment 35 #

2020/2217(INI)

Motion for a resolution
Recital C
C. whereas the Union must urgently take action to reap the benefits of data by building an ethically sustainable, human- centric, trustworthy and secure data society that respects human rights and democracyfirst of all comply with the laws on personal data and the right to anonymity, and may also consider ways of making European data more secure and less vulnerable to foreign attacks;
2020/11/12
Committee: ITRE
Amendment 37 #

2020/2217(INI)

Draft opinion
Paragraph 2 a (new)
2a. Calls on the Commission and Member State authorities to combat tax evasion and abuses of dominant positions by non-European businesses active on the market for algorithmic systems for personal-data analysis;
2020/11/17
Committee: IMCO
Amendment 38 #

2020/2217(INI)

Draft opinion
Paragraph 2 b (new)
2b. Calls for consideration to be given to different models for the taxation of digital businesses in order to prevent across-the-board user surveillance; states that taxing digital businesses according to the volume of data they collect, analyse or store would make it possible to rebalance economic models based on ‘surveillance capitalism’ and to protect consumers;
2020/11/17
Committee: IMCO
Amendment 41 #

2020/2217(INI)

Motion for a resolution
Recital D
D. whereas all uses of personal and/or business data should be consistent with the General Data Protection Regulation and the e-Privacy Directive;
2020/11/12
Committee: ITRE
Amendment 47 #

2020/2217(INI)

Draft opinion
Paragraph 3
3. Highlights the need to create a single European data space with the aim of ensuring the free flow of non-personal data across borderall Member States and sectors; underlines the principle of the free flow of non-personal data as imperative for a single market for data, providing a level playing field for data sharing between stakeholders; considers that business-to- business (B2B) and business-to- government (B2G) data sharing should be voluntary, while mandatory access to data should also be envisaged to remedy potential market failures relating to the monopoly exercised by particular third- country actors;
2020/11/17
Committee: IMCO
Amendment 54 #

2020/2217(INI)

Motion for a resolution
Recital E
E. whereas the Union should be an active global player in settingcooperation between EU Member States can play a key role in the fight for data control and data sovereignty, and whereas rules basfounded on itsthe values flowing from that cooperation would protect Europeans effectively;
2020/11/12
Committee: ITRE
Amendment 58 #

2020/2217(INI)

Draft opinion
Paragraph 3 a (new)
3a. Emphasises how important it is that European citizens’ personal data should preferably be processed in Europe;
2020/11/17
Committee: IMCO
Amendment 61 #

2020/2217(INI)

Motion for a resolution
Recital E b (new)
Eb. whereas Article 16 TFEU states that everyone has the right to the protection of their personal data;
2020/11/12
Committee: ITRE
Amendment 62 #

2020/2217(INI)

Draft opinion
Paragraph 3 b (new)
3b. Points to the unique nature of certain personal data, such as health data, children’s data and intimate private data, e.g. sexual preferences or personal photos; stresses that anonymisation of such data should be guaranteed and that storage or analysis thereof outside the European Union should not be authorised;
2020/11/17
Committee: IMCO
Amendment 62 #

2020/2217(INI)

Motion for a resolution
Recital E c (new)
Ec. whereas in its digital package published on 19 February 2020 the Commission states that ICT today accounts for between 5% and 9% of global electricity consumption and 2% of CO2 emissions and that the volume of data transferred and stored will continue to grow exponentially in the years to come; whereas, further, the 2018 study on artificial intelligence drawn up by the Joint Research Centre already suggested that data centres and data transmission could account for 3 to 4% of the Union's total electricity consumption;
2020/11/12
Committee: ITRE
Amendment 64 #

2020/2217(INI)

Motion for a resolution
Paragraph 1
1. Welcomes the Commission communication entitled ‘A European strategy for data’; notes the determination to create a framework guaranteeing European data sovereignty, but points out that this concept has not yet been defined; believes that it is a prerequisite for the viability of European industries and enterprises and nascent AI, and a vital step towards a democratic data society, whicheffective data control under democratic scrutiny, and that it will bring better services, growth and jobs;
2020/11/12
Committee: ITRE
Amendment 72 #

2020/2217(INI)

Draft opinion
Paragraph 3 c (new)
3c. Considers that a Member State should be able to oblige cloud service providers and digital businesses operating in the European Union, whether located in the European Union or in a third country, to provide access to any relevant personal data relating to terrorism, even if stored in a third country;
2020/11/17
Committee: IMCO
Amendment 76 #

2020/2217(INI)

Draft opinion
Paragraph 3 d (new)
3d. Regrets that the Commission does not envisage any specific protection for Europeans with critical economic responsibilities against third-country laws such as the US Cloud Act; states that that legislation allows third-country law enforcement authorities to access personal data in connection with criminal investigations that are sometimes conducted on economic competition grounds; states that the strategic impact of such cases is sometimes considerable for European firms, Alstom being a case in point,;
2020/11/17
Committee: IMCO
Amendment 93 #

2020/2217(INI)

Motion for a resolution
Paragraph 3
3. Believes that the Union’s aim must be an EU-governed, human-centric, data- driven society society driven by data, information and the objective analysis of that data, governed by the Member States on the basis of cooperation and centred on the freedom of the individual, built on trust and values of privacy, transparency and fundamental rights;
2020/11/12
Committee: ITRE
Amendment 97 #

2020/2217(INI)

Draft opinion
Paragraph 4 a (new)
4a. Points out that the development of a European industrial and technological base requires the introduction of a European preference for local or European production in digital procurement in Europe;
2020/11/17
Committee: IMCO
Amendment 99 #

2020/2217(INI)

Draft opinion
Paragraph 4 b (new)
4b. Considers that any authorisation by a contracting authority for economic operators from countries outside the European Union or the European Economic Area to participate in a procedure for the award of digital contracts, such as for cloud services, must take into account, inter alia, the imperatives of information and supply security, the safeguarding of defence and state security interests, the interest in developing a European digital industrial and technological base, and reciprocity requirements;
2020/11/17
Committee: IMCO
Amendment 102 #

2020/2217(INI)

Motion for a resolution
Paragraph 3 a (new)
3a. Emphasises the importance of the concept of individual responsibility in connection with the transmission of data, whether personal or public;
2020/11/12
Committee: ITRE
Amendment 106 #

2020/2217(INI)

Draft opinion
Paragraph 4 c (new)
4c. Points to the need to protect European subcontractors and producers of critical digital components, applications or systems in view of the predatory approach of third-country businesses;
2020/11/17
Committee: IMCO
Amendment 107 #

2020/2217(INI)

Draft opinion
Paragraph 4 d (new)
4d. Points out that, in the United States, the government has invested massively in new technologies: USD 1 400 billion in 20 years since the inception, in the early 1990s, of Al Gore’s information superhighway plan; points out that, by comparison, the EUR 2 billion investment planned by the Commission in a project on European data spaces and federated cloud infrastructure appears derisory; calls therefore on the Commission to authorise Member State aid to strengthen local or European businesses active in the field of digital data and to put an end to third-country businesses’ monopoly in Europe in this strategic area;
2020/11/17
Committee: IMCO
Amendment 108 #

2020/2217(INI)

Motion for a resolution
Paragraph 4
4. Notes that a well-built data society benefits all, which rules out any possibility of mass surveillance, empowers workers instead of lowering their working conditions, and does not lead to restrictions on freedoms, inequality or digital gaps;
2020/11/12
Committee: ITRE
Amendment 127 #

2020/2217(INI)

Motion for a resolution
Paragraph 6
6. Stresses that the Union's data strategy must support sustainability, the Green Deal and Union’s climate targetscompetitiveness and a healthy and sustainable economy for the Union;
2020/11/12
Committee: ITRE
Amendment 192 #

2020/2217(INI)

Motion for a resolution
Paragraph 14 a (new)
14a. Emphasises the importance of genuinely European data governance, and, in that connection, calls for the introduction of supervisory mechanisms which enable the EU and the Member States, at their respective levels, to decide what kinds of data are to be exchanged;
2020/11/12
Committee: ITRE
Amendment 223 #

2020/2217(INI)

Motion for a resolution
Paragraph 18
18. Calls on the Commission to examineand the Member States to defend actors’ rights to access data they have been involved in generating;
2020/11/12
Committee: ITRE
Amendment 262 #

2020/2217(INI)

Motion for a resolution
Paragraph 23
23. Calls on the Commission and the Member States, in order to strengthen to make the Union’s technological sovereignty, to work o a reality at long last, to work on purely European technologies that facilitate data sharing and analytics, and to invest in capacity building and high-impact projects to promote research, innovation and deployment of digital technologies;
2020/11/12
Committee: ITRE
Amendment 275 #

2020/2217(INI)

Motion for a resolution
Paragraph 24
24. Recalls that the success of the Union’s data and AI strategies depends on the wider ICT ecosystem, closing the digital gap, developing the IoT, fibre, 5G, 6G, quantum, edge computing, block chain and high-performance computing;
2020/11/12
Committee: ITRE
Amendment 280 #

2020/2217(INI)

Motion for a resolution
Paragraph 25
25. Calls on the Commission to promote competitive markets reserved for European firms to support the development of European cloud offerings, e.g. Gaia-x; emphasises, by way of an example, the way in which the original idea underpinning the public cloud project Gaia-x, that of a purely European project, has been lost, since it will now involve US, Chinese and Indian tech firms and the lobby group Digital Europe, which includes Google, Apple and Facebook among its members, has just applied to join the service providers' collective;
2020/11/12
Committee: ITRE
Amendment 309 #

2020/2217(INI)

Motion for a resolution
Paragraph 27 a (new)
27a. Draws attention to the significant costs generated by cyber attacks and the rapid increase in those costs over the years; calls, in that connection, for the development of European initiatives coordinated between national actors, with a view to combating such attacks more effectively;
2020/11/12
Committee: ITRE
Amendment 330 #

2020/2217(INI)

Motion for a resolution
Paragraph 30
30. Calls for public and private funding for SMEsclear rules and criteria governing public and private funding to be incorporated into existing European and national programmes in order to assist SMEs and enable them, by means of targeted investment, to fully capitalise on the data economy's potential;
2020/11/12
Committee: ITRE
Amendment 344 #

2020/2217(INI)

Motion for a resolution
Paragraph 31
31. Calls on social partners to explore the potential of digitalisation, data and AI to increase productivity, improve the well- being and employability of the workforce and invest in upskilling;
2020/11/12
Committee: ITRE
Amendment 353 #

2020/2217(INI)

Motion for a resolution
Paragraph 32
32. Believes that global rules governing the use of data are inadequate; calls on the Commission to work with like-minded and serve only to boost the ever growing power of GAFAM; calls on the Commission and the Member States to work and negotiate with third countries to agree on new international standards to govern the use of new technologies, such as AI;
2020/11/12
Committee: ITRE
Amendment 356 #

2020/2217(INI)

Motion for a resolution
Paragraph 32 a (new)
32a. Calls on the Commission to assess existing data exchange relations with third countries, in particular those which do not share our values; calls on the Commission to reconsider these partnerships, if necessary;
2020/11/12
Committee: ITRE
Amendment 357 #

2020/2217(INI)

Motion for a resolution
Paragraph 32 b (new)
32b. Takes the view that interference in the affairs of other States through the holding of digitalised data constitutes a serious breach of digital sovereignty; emphasises that certain national authorities, in their capacity as 'digital watchdogs', have voiced concerns regarding access by the authorities in north America to data transferred to the United States, with specific reference to the collection of and access to personal data, and that these actions are often justified by citing national security considerations under the US FISA Act and executive orders; points out that this legal arsenal is rounded off by extraterritoriality rules which become a means of waging economic war, used increasingly frequently by the United States, by providing for the adoption of provisions and measures whose legal reach extends beyond US national territory; takes the view, therefore, that the agreements drawn up in connection with every transfer outside Europe have no coercive force and that data collection methods can turn into completely unsupervised commercial practices;
2020/11/12
Committee: ITRE
Amendment 358 #

2020/2217(INI)

Motion for a resolution
Paragraph 32 c (new)
34c. Calls, as a matter of urgency, for the revision and invalidation of the Privacy Shield, the agreement authorising the transfer of data between the European Union and the United States subject to the requirement of reciprocity as regards the equal treatment of American and foreign data on US territory; emphasises, in that connection, that in the Shrems II case the Court of Justice of the European Union found that US surveillance practices remain incompatible with the requirements of the General Data Protection Regulation;
2020/11/12
Committee: ITRE
Amendment 365 #

2020/2217(INI)

Motion for a resolution
Paragraph 33
33. Calls for the free flow of data between the Union and third countries wheto be consistent with the rules on privacy, and security and other legitimate public policy interests are metand private - in particular firms' - policy interests and the sovereignty of Member States; calls on the Commission and the Member States to negotiate new rules for the global digital economy, including the prohibition of unjustified data localisation requirements;
2020/11/12
Committee: ITRE
Amendment 9 #

2020/2216(INI)

Motion for a resolution
Recital D
D. whereas artificial intelligence (AI) can offers many benefits but also presents certain risks;
2021/01/26
Committee: IMCO
Amendment 20 #

2020/2216(INI)

Motion for a resolution
Paragraph 1
1. Believes the EU needs to become a world leader in digital innovation; considers that the digital single market is about removing national barriers and having a better organised and common European approach for market integration and harmonisation; believes that further actions are needed at both Member State and EU level to achieve this;
2021/01/26
Committee: IMCO
Amendment 46 #

2020/2216(INI)

Motion for a resolution
Paragraph 5
5. Calls on the Commission to follow the ‘one in, one out’ principle in its future legislative proposals, and to address the fragmentation of the digital single market, remove any existing unjustified barriers, and support innovation by reducing red tape;
2021/01/26
Committee: IMCO
Amendment 56 #

2020/2216(INI)

Motion for a resolution
Paragraph 8
8. Considers that substantial investment in AI and other key new technologies is required; calls for NextGenerationEU, as well as public and private funding, to increase investment so as to reflect the EU’s ambition of becomstrengthen and improve the EU’s standing at global technological leader and reaping the full benefits of digitalisationlevel;
2021/01/26
Committee: IMCO
Amendment 73 #

2020/2216(INI)

Motion for a resolution
Paragraph 12
12. Recalls that we need a data economy that works for the entire EU, as it is a key enabler of digitalisation; believes that it is important for the EU to guarantee a high degree of control over data, with clear and balanced rules on intellectual property rights (IPR), but considers it essential to maintain openness towards third countries, and that the free flow of non-personal data across borders is important;
2021/01/26
Committee: IMCO
Amendment 99 #

2020/2216(INI)

Motion for a resolution
Paragraph 15
15. Strongly bBelieves that AI can be a force for goodplay a positive role for all European citizens, and offer significant benefits and value for the economy, safety, security, education, healthcare, transport and the environment; believes the security, inclusiveness, accessibility and fairness, especially for groups in vulnerable situations, of AI- driven products and services need to be ensured;
2021/01/26
Committee: IMCO
Amendment 105 #

2020/2216(INI)

Motion for a resolution
Paragraph 17
17. Notes that while AI offers greatood potential, it can also present certain risks due to issues such as bias and opacity;
2021/01/26
Committee: IMCO
Amendment 157 #

2020/2216(INI)

Motion for a resolution
Paragraph 27
27. Considers that the development of a voluntary labelling scheme for trustworthy AI, based on clear and common guidance drawn up by the Commission, could help improve consumer trust involving all relevant stakeholders and based on transparent standards could help improve consumer trust; this labelling could notably include information on safety aspects, such as a safety score, and minimum age requirements;
2021/01/26
Committee: IMCO
Amendment 186 #

2020/2216(INI)

Motion for a resolution
Paragraph 32
32. Highlights the importance of education and research for AI; therefore calls on the Commission and the Member States to establish an EUrengthen and enhance existing centres of excellence for AI; considers that this should be done with the involvement of universities, companies and research institutions; believes that such a centre can help to provide specialised training and development for regulatory authoritie such as the European Artificial Intelligence Networks;
2021/01/26
Committee: IMCO
Amendment 7 #

2020/2133(INI)

Draft opinion
Paragraph 1
1. Emphasises that high standards of transparency and integrity in the EU institutions are essential to enabling citizens to exercise their democratic right to participate in the EU’s decision-making process and thus to enhancing the democratic legitimacy and credibility of the Union while restoring confidence in the European integration process; recalls that, in her Political Guidelines for the 2019- 2024 Commission, the President of the Commission stressed that if citizens were to have faith in the EU, its institutions should be open and beyond reproach on ethics, transparency and integrity; recalls that the right to petition provides citizens with the most accessible way to enter into and maintain a direct dialogue with representatives from the EU institutions and thus contributes to improving openness, responsiveness and accountability while bridging the gap between citizens and EU institutions; nonetheless underlines the fact that still a large portion of citizens is not aware of the instrument represented by the right to petition;
2021/02/05
Committee: PETI
Amendment 17 #

2020/2133(INI)

Draft opinion
Paragraph 2
2. Underlines the particular interest that citizens have for transparency and integrity in the functioning of the EU institutions as revealed by a number of petitions received by the Committee on Petitions that call for more transparency1 , in particular in the decision-making of the Council and its contacts with lobbyists; raises its concerns over the appointment procedures of EU senior officials2 and over alleged conflicts of interests of Commissioners and breaches of MEPs’ code of conduct3 ; notes also that, as in previous years, the majority of inquiries closed by the European Ombudsman in 2019 concerned transparency and accountability, including public access to information and documents; stresses also the importance of remaining vigilant about the revolving doors phenomenon; _________________ 1Petitions Nos 0134/2019, 0939/2018, 0161/2017, 1367/2015, 0696/2015, 0698/2013. 2Petitions Nos 0224/2018 and 0799/2018, 0799/2018. 3Petitions Nos 0742/2017, 1004/2016, 2485/2014, 1984/2014.
2021/02/05
Committee: PETI
Amendment 18 #

2020/2133(INI)

Draft opinion
Paragraph 2
2. Underlines the particular interest that citizens have for transparency and integrity in the functioning of the EU institutions as revealed by a number of petitions received by the Committee on Petitions that call for more transparency1 , in particular in the decision-making of the Council and its contacts with lobbyists and stakeholders; raises its concerns over the appointment procedures of EU senior officials2 and over alleged conflicts of interests of Commissioners and breaches of MEPs’ code of conduct3 ; notes also that, as in previous years, the majority of inquiries closed by the European Ombudsman in 2019 concerned transparency and accountability, including public access to information and documents; _________________ 1Petitions Nos 0134/2019, 0939/2018, 0161/2017, 1367/2015, 0696/2015, 0698/2013. 2Petitions Nos 0224/2018 and 0799/2018, 0799/2018. 3Petitions Nos 0742/2017, 1004/2016, 2485/2014, 1984/2014.
2021/02/05
Committee: PETI
Amendment 38 #

2020/2133(INI)

Draft opinion
Paragraph 4
4. Considers that the EU institutions should apply the highest ethical standards to prevent any episodes of revolving doors and any conflicts of interests, also with regard to the appointments to senior positions in the EU institutions and agencies; expresses its concern that any such episodes, even if legally admissible, are undermining the overall credibility of the EU institutions and often used by anti- European propaganda as a means of introducing euro-scepticism to the public;
2021/02/05
Committee: PETI
Amendment 62 #

2020/2133(INI)

Draft opinion
Paragraph 6
6. Stresses the importantfundamental role played by Parliament as the only institution representative of the citizens of the EU, including in its oversight of the Commission and other institutions on behalf of the public;
2021/02/05
Committee: PETI
Amendment 69 #

2020/2133(INI)

Draft opinion
Paragraph 7
7. Reiterates, therefore, the need for the highest ethical standards for the Members of the European Parliament and calls for a strong advisory body within Parliament , consisting, among others, of highly respectable former Members with a staunch record of responsiveness to the public opinion;deleted
2021/02/05
Committee: PETI
Amendment 9 #

2020/2131(INI)

2. Stresses that the implementation of the SME strategy should focus on supporting SMEs to help them maintaand reacting their existence, as the COVID-19 crisis has delivered a shock to many SMEs and their role in the everyday life of Europeanso the COVID-19; micro and SMEs should be considered an essential asset in the post- COVID 19 transition;
2020/07/15
Committee: IMCO
Amendment 23 #

2020/2131(INI)

Draft opinion
Paragraph 3
3. Notes that SMEs should be burdened as little as possible and encourages the Commission to use strong enforcement action to ensure that the single market benefits all businesses and consumers and to counter gold-plating and other regulatory restrictions; recalls that in the post-COVID recovery further market deregulation should be harmonised with workers’ rights protection;
2020/07/15
Committee: IMCO
Amendment 30 #

2020/2131(INI)

Draft opinion
Paragraph 3 a (new)
3a. Stresses Member States to avoid practices of unfair competition inside the internal market, as they could seriously affect micro and SMEs and consumer rights;
2020/07/15
Committee: IMCO
Amendment 33 #

2020/2131(INI)

Draft opinion
Paragraph 3 b (new)
3b. Highlights that unfair competition usually driven by extra - UE companies is very detrimental to the European SMEs, especially in the post-COVID recovery; efficient trade defence instruments should be accessible to SMEs and they should avoid unfair practices from third countries;
2020/07/15
Committee: IMCO
Amendment 35 #

2020/2131(INI)

Draft opinion
Paragraph 3 c (new)
3c. Recalls that an effective “green” approach, favourable to SMEs, should avoid imposing extra burdens on SMEs while allowing imports from third countries which are not respecting free trade and “green” standards;
2020/07/15
Committee: IMCO
Amendment 39 #

2020/2131(INI)

Draft opinion
Paragraph 4
4. Highlights the crucial role of data as the lifeblood of the digital economy; supports the Commission in establishing European data spaces for trusted and secure data sharing to ramp up data flows between businesses and with governments; recalls that digital trainings and upskilling and reskilling programs for entrepreneurs and employees could support the recovery of SMEs and foster their competitiveness in the EU market;
2020/07/15
Committee: IMCO
Amendment 61 #

2020/2131(INI)

Draft opinion
Paragraph 6
6. Calls on the Member States to simplify procurement tendering processes by using the flexibility of the EU’s new procurement framework and to enhance opportunities for SMEs by using digital tools and platforms to expand cross-border procurement; stresses that green public procurement and a simplified access to tenders can make an important contribution to building a sustainable economy; where possible, calls for preferring European micro and SMEs in public tenders;
2020/07/15
Committee: IMCO
Amendment 77 #

2020/2131(INI)

Draft opinion
Paragraph 7 a (new)
7a. Highlights the importance of family -run and family-owned businesses, as the backbone of local economies; they create wealth, provide jobs, are locally rooted and connected to local communities; underlines that family businesses make up more than 60% of all companies in Europe, they range from sole proprietors to large international enterprises; big or small, listed or un- listed, family businesses play a significant role in the EU economy.
2020/07/15
Committee: IMCO
Amendment 6 #

2020/2086(INI)

Draft opinion
Paragraph 2
2. Condemns the fact that, according to these petitions, individuals with disabilities continue to encounter many challenges related to accessibility, participation in employment and mobility within the EU, and continue to encounter discrimination and barriers to entry; considers it unacceptable that many employers are still not taking appropriate measures to tackle these issues, despite such measures being crucial to the economic and social inclusion of the 100 million persons with disabilities in the EU;
2020/11/09
Committee: PETI
Amendment 14 #

2020/2086(INI)

Draft opinion
Paragraph 5
5. Underlines the fact that Council Directive 2000/78/EC does not contain any definition of the concept of disability and encourages the Member States to interpret EU law in such a way as to provide a basis for a concept ofdefined notion of disability and a comprehensive concept of person with disabilityies in line with the UN Convention on the Rights of Persons with Disabilities (UNCRPD);
2020/11/09
Committee: PETI
Amendment 24 #

2020/2086(INI)

Draft opinion
Paragraph 7
7. Considers that a reasonable effort should be made to adapt all workplaces to accommodate special needs with a view to potentially employing persons with all types of disabilities and insists on promoting constructive and continuous dialogue between social partners with a view to fostering equal treatment, including through the monitoring of workplace practices, collective agreements, codes of conduct and research on or the exchange of experiences and good practices;
2020/11/09
Committee: PETI
Amendment 29 #

2020/2086(INI)

Draft opinion
Paragraph 8
8. Calls on all Member States to take appropriate action to achieve the social and economic integration of disabled people, to raise awareness in the public opinion, to share best practices and to combat youth and senior unemployment, as unemployment can lead to poverty, social exclusion and mental health problems;
2020/11/09
Committee: PETI
Amendment 34 #

2020/2086(INI)

Draft opinion
Paragraph 8
8. Calls on all Member States to take appropriate action to achieve the social and economic integration of disabled people, to raise awareness, to share best practices and to combat youth and senior unemployment, as unemployment can leads to poverty, social exclusion and mental health problems;
2020/11/09
Committee: PETI
Amendment 44 #

2020/2086(INI)

Draft opinion
Paragraph 9
9. Highlights the role of women, who usually have primary responsibility for taking care of children and dependants with disabilities in families and social facilities; stresses that this has a direct effect on women’s access to jobs and their professional development and may negatively affect their conditions of employment;
2020/11/09
Committee: PETI
Amendment 52 #

2020/2086(INI)

Draft opinion
Paragraph 10
10. Insists on updating and renewing the post-2020 European Disability Strategy, with the aim of further reducing inequalities for disadvantaged persons, and promoting their social and economic inclusion and independence, taking into account the challenges and issues relating to disabilities that have arisen from the COVID-19 pandemic; notes that confinement measures taken by governments and teleworking may have affected persons with disabilities in terms of safety and personal wellbeing.
2020/11/09
Committee: PETI
Amendment 15 #

2020/2077(INI)

Draft opinion
Paragraph 1
1. Considers that placing sustainable products either from member states or third countries on the internal market should be the norm and calls for a horizontal Sustainable Product Framework Directive setting mandatory minimum requirements for durability, interoperability, reparability, by the consumer or by an authorised specialist, upgradability, reusability and recyclability for all products alongside further product- specific requirements; therefore a clear and comprehensible definition of "sustainable products" has to be provided by the Commission;
2020/09/10
Committee: IMCO
Amendment 21 #

2020/2077(INI)

Draft opinion
Paragraph 1 a (new)
1a. Underlines the importance of not unilaterally passing on the additional costs arising from the New Circular Economy Action Plan to consumers; further it is inevitable to set all measures in the sense of the free market economy and the preservation of the competitive ability in the international competition;
2020/09/10
Committee: IMCO
Amendment 36 #

2020/2077(INI)

Draft opinion
Paragraph 2 a (new)
2a. Highlights the sustainability of local supply chains; notes that the definition of the durability of a product or service should accordingly focus on relocalised production, recycling or reparability in Europe;
2020/09/10
Committee: IMCO
Amendment 44 #

2020/2077(INI)

Draft opinion
Paragraph 3
3. Welcomes the Commission’s intention to empower consumers to further engage in sustainable consumption practices; calls for mandatory labelling on product durability and reparability, and the development of a repair score, in addition to minimum information requirements; asks for both the legal guarantee rights and the reversed burden of proof rules to be extended based on the lifespan of products, the introduction of direct producer liability, and for legislative measures to ban practices resulting in premature obsolescence; the minimum legal guarantee period of two years is not appropriate for all products. In order to meet consumers legitimate expectations, a guarantee period of five or 10 years should be set for certain categories of products;
2020/09/10
Committee: IMCO
Amendment 63 #

2020/2077(INI)

Draft opinion
Paragraph 4
4. Supports the establishment of an EU-wide ‘right to repair’; calls, in this context, for measures to provide unrestricted and free access to repair and maintenance information and to spare parts for a proportionate price to all market participants, to define a mandatory minimum period of time for the availability of spare parts and/or updates, a maximum time-limit for their delivery, and for repair to be given priority under the legal guarantee regime;
2020/09/10
Committee: IMCO
Amendment 73 #

2020/2077(INI)

Draft opinion
Paragraph 5
5. Stresses that effective enforcement is crucial to making sure that products placed on the market comply with sustainability requirements; calls, therefore, for greater EU oversight, through setting harmonised rules on the minimum number of checks and their frequency, and by empowerasking the Commission to monitor, report in a recurrent period to be determined and audit the activities of national authorities, as well as to carry out regular tests and inspections;
2020/09/10
Committee: IMCO
Amendment 76 #

2020/2077(INI)

Draft opinion
Paragraph 5 a (new)
5a. Calls on the Commission to present an impact assessment of the planned tax on plastics; points out that, if such a tax cannot be avoided, the funds will not be transferred to the EU budget but will be provided to the Member States for the implementation of the New Circular Economy Action Plan;
2020/09/10
Committee: IMCO
Amendment 91 #

2020/2077(INI)

Draft opinion
Paragraph 6 a (new)
6a. Calls for mandatory country-of- origin information on all products imported or produced in Europe;
2020/09/10
Committee: IMCO
Amendment 105 #

2020/2077(INI)

Draft opinion
Paragraph 7
7. Calls for a revision of EU public procurement legislation introducing mandatory minimum targets, through defining a certain percentage for procurement based on economic, environmental, social and ethical criteria, and introducing a transparent hierarchy of award criteria, together with sector-specific targets.;
2020/09/10
Committee: IMCO
Amendment 5 #

2020/2076(INI)

Draft opinion
Paragraph 1
1. Takes note of the Commission’s initiatives to support European SMEs’ access to international markets; stresses, however, that SMEs have to deal with too many regulations and burdens and excessive bureaucracy; stresses that SMEs are kept at a competitive disadvantage by investing in climate neutrality to comply with the Green Deal while trying to remain competitive and thrive on export markets; furthermore stresses that the European Green Deal represents a disproportionate additional financial burden on SMEs and industry, distorting global competition and, under the impact of the COVID-19 crisis, seriously jeopardising their professional existence;
2020/06/02
Committee: INTA
Amendment 8 #

2020/2076(INI)

Draft opinion
Paragraph 1
1. Recognises that the Industrial Strategy, prepared prior to the outbreak and published at an early stage of the pandemic in Europe, will require substantial revision, to reflect the change in fundamentals and; calls on the new Commission of the Von Der Leyen Commission:to develop realistic strategies to return economies across the EU to growth and therefore to strengthen all economies, both north and south and east and west, to the benefit of citizens and businesses; stresses that the Green Deal is an inappropriate and unaffordable approach for this;
2020/06/10
Committee: IMCO
Amendment 14 #

2020/2076(INI)

Draft opinion
Paragraph 1 a (new)
1 a. Underlines that the COVID-19 crisis has severely hit European industry and threatening the employment market, call in this regard the Commission to re- focus on concrete actions to support industrial and local production and related exports alternatively to concentrate on a carbon-neutral economy;
2020/06/02
Committee: INTA
Amendment 18 #

2020/2076(INI)

Draft opinion
Paragraph 1 b (new)
1 b. underlines that european SMEs and instustry are already champion in the green economy and in green tools; in this regard the commission should accompany Member States towards exporting this tools and know-how to create a global level playing field;
2020/06/02
Committee: INTA
Amendment 20 #

2020/2076(INI)

Draft opinion
Paragraph 2
2. Calls for the Commission to undertake, together with Members States, a comprehensive and cross-sectoral analysis of the economies within the EU, in order to understand the depth of impacts felt by the COVID-19 pandemic; considers this an essential evidence base in order for the Commission to issue updated recommendations and determine the key policies that will act to strengthen the collective long-term recovery within the Single Market; welcomes the fourteen coherent industrial ecosystems identified by the Commission, whose strategic independence is to be ensured;
2020/06/10
Committee: IMCO
Amendment 26 #

2020/2076(INI)

Draft opinion
Paragraph 2
2. Calls on the Commission to focus on domestic productivity on the basis of research and innovation within Europe, in order to establish a strategic autonomy and less dependence on vulnerable supply chains in core industry sectors such as the tech and telecommunications, medical products and, pharmaceuticals and agricultural sectors, especially in times of global crisis, and to remain competitive on the global markets;
2020/06/02
Committee: INTA
Amendment 28 #

2020/2076(INI)

Draft opinion
Paragraph 3 a (new)
3 a. Calls on the Commission to focus on domestic productivity on the basis of research and innovation within Europe, in order to establish a strategic autonomy and less dependence on vulnerable supply chains in core industry sectors such as the tech and telecommunications, medical products, pharmaceuticals and agricultural sectors, especially in times of global crisis, to remain competitive on the global markets and to provide European consumers with essential goods;
2020/06/10
Committee: IMCO
Amendment 36 #

2020/2076(INI)

Draft opinion
Paragraph 2 a (new)
2 a. Underlines that industry is a national competence, which should be driven by the interest of local business and local producers; stresses however that the European Commission should give the opportunity to Member States of developing a proper strategy to enhance the exchange of information in order to achieve positive impact on trade relations -in and outside of the internal market-;
2020/06/02
Committee: INTA
Amendment 38 #

2020/2076(INI)

Draft opinion
Paragraph 2 b (new)
2 b. Underlines that industry counts for 80% of European goods exports and employs around 35 million people, calls the Commission to take into account the significant added value industry brings to the European employment market and social rights and its crucial place as a factor of prosperity and competitiveness;
2020/06/02
Committee: INTA
Amendment 42 #

2020/2076(INI)

Draft opinion
Paragraph 4
4. Stresses that EU industrial competitiveness relies on a fully functioning Single Market in Services; underlines that the Commission must consider how to address barriers to cross- border services as part of any revised set of priorities;
2020/06/10
Committee: IMCO
Amendment 44 #

2020/2076(INI)

Draft opinion
Paragraph 3
3. Supports, in principle, the initiative to reinforce a rule-based multilateral trading system; expresses its concern, however, about the functioning of the WTO, owing to some international actors abusing their market power; in this regards underlines the need of creating a level playing field while being mobilised on reforming the WTO toghether with international partners;
2020/06/02
Committee: INTA
Amendment 49 #

2020/2076(INI)

Draft opinion
Paragraph 3 a (new)
3 a. Deplores that during the Covid-19 crisis there has been a spread of disinformation, propaganda and misleading information, as well as a considerable lack of management of the interference of Chinese actors within the EU, which has undermined trust in the trade markets overall and created a negative impact on procurement markets;
2020/06/02
Committee: INTA
Amendment 49 #

2020/2076(INI)

Draft opinion
Paragraph 5
5. Underlines the importance of a prudent and not rushed sustainability strategy, which is central to plans to develop European industry; recalls in this regard the European Council conclusions of 12 December 2019, highlighting the need to establish a framework for actions that benefits all Member State and which does not jeopardise the global competitiveness of European industry and SMEs;
2020/06/10
Committee: IMCO
Amendment 56 #

2020/2076(INI)

Draft opinion
Paragraph 6
6. Recognises that the public and private sector will encounter significant financial constraints in the coming years, impacting their ability to support a programme of investment, particularly with regard to the Green Deal objectives; expresses concern about an unequal pace of development, particularly in less developed parts of the EU, where achieving transformation demands far more significant adisproportionately high Green Deal objectionves; strongly calls on the Commission in its revised Industrial Strategy to adopt a model with flexibility and support, in order that no one is lefto leave the Green Deal behind;
2020/06/10
Committee: IMCO
Amendment 81 #

2020/2076(INI)

Draft opinion
Paragraph 7
7. Calls on the Commission to strengthen the screening of foreign direct investment and to protect access to strategic industries, crucial infrastructure, key enabling technologies, or any other assets in the interests of security and cybersecurity. to prevent hostile takeovers by third country companies;
2020/06/02
Committee: INTA
Amendment 101 #

2020/2076(INI)

Draft opinion
Paragraph 10
10. Recalls that the automotive sector is touched by many of the transformations expected in the future economy and has been deeply affected by the impact of the COVID-19 pandemic; considers that the revised Industrial Strategy should foresee particular actions for this economic core sector, including appropriate financial support., independent of the orientation of production towards electric motor or combustion engine;
2020/06/10
Committee: IMCO
Amendment 3 #

2020/2044(INI)

Motion for a resolution
Recital E
E. whereas the number of petitions remained modest in relation to the total population of the EU; whereas nevertheless this number indicates that a non-negligible proportion of EU citizens are aware of and exercise the right to petition;
2020/09/30
Committee: PETI
Amendment 6 #

2020/2044(INI)

Motion for a resolution
Recital F
F. whereas of the 1 357 petitions submitted in 2019, 938 were declared admissible, 406 were declared inadmissible and 13 were withdrawn; whereas the relatively high percentage (30 %) of inadmissible petitions in 2019 reveals that there is still a widespread lack of clarity about the EU’s fields of activity and the PETI Committee working mechanism;
2020/09/30
Committee: PETI
Amendment 14 #

2020/2044(INI)

Motion for a resolution
Recital J
J. whereas Parliament has long been at the forefront of the development of the petitions process internationally and has the most open and transparent petitions process in Europe together with the one of the United Kingdom, allowing petitioners to participate fully in its activities;
2020/09/30
Committee: PETI
Amendment 21 #

2020/2044(INI)

Motion for a resolution
Recital P
P. whereas in 2019 the Petitions Web Portal has been further developed into a responsive and user-friendly web design version, compliant with the new ‘look and feel’ of the European Parliament’s website (Europarl); whereas it has therefore become more user-friendly and accessible for citizens, who can now use it on any device; whereas the new privacy statement has been uploaded in all language versions in the email templates and on the registration page, and audio Captcha for registration of user accounts has been enabled; whereas the Petitions Web Portal and ePetition have been further integrated by improving their synchronisation mechanism; whereas a large number of individual support requests have been handled successfully;
2020/09/30
Committee: PETI
Amendment 37 #

2020/2044(INI)

Motion for a resolution
Paragraph 1
1. Recalls the important role of the Committee on Petitions in defending and promoting the rights of EU citizens and residents, ensuring that petitioners’ concerns and complaints are examined in timely fashion and, wherever possible, resolved, through an open, democratic, agile and transparent petition process;
2020/09/30
Committee: PETI
Amendment 39 #

2020/2044(INI)

Motion for a resolution
Paragraph 2
2. Emphasizes the importance of a continuous public debate on the Union’s fields of activity aimed at informing citizens about the scope of the Union’s competences and the different levels of the decision-making, in order to process, with the purpose of reduceing the number of inadmissible petitions;
2020/09/30
Committee: PETI
Amendment 59 #

2020/2044(INI)

Motion for a resolution
Paragraph 4
4. Points out that petitions offer the opportunity to the European Parliament and other EU institutions to maintain a direct dialogue with EU citizens who are allegedly affected by the misapplication of EU law; stresses the need for enhanced cooperation between the EU institutions and national, regional and local authorities on inquiries regarding implementation of and compliance with EU law;
2020/09/30
Committee: PETI
Amendment 68 #

2020/2044(INI)

Motion for a resolution
Paragraph 6
6. Stresses that transparency and public access to the documents of the EU institutions should be the rule in order to ensure the highest levels of protection and enlargement of the democratic rights of citizens;
2020/09/30
Committee: PETI
Amendment 81 #

2020/2044(INI)

Motion for a resolution
Paragraph 11
11. Takes note that the environment was the main area of concern for petitioners in 2019; points in this regard to the motion for a resolution pursuant to Rule 227(2) on waste management, adopted on 21 March 2019 by the Committee on Petitions and on 4 April 2019 in plenary6 ; stresses that waste management is one of the main global socio-economic and environmental challenges, and reiterates its call for a reduction in waste generation, the boosting of reuse and recycling and better implementation of waste legislation by Member States with a particular focus on the economic sustainability; _________________ 6 Texts adopted, P8_TA(2019)0338.
2020/09/30
Committee: PETI
Amendment 1 #

2020/2043(INI)

Draft opinion
Paragraph -1 (new)
-1. whereas, as stated in the TFEU, environmental affairs are a shared competence with Member States;
2020/11/03
Committee: INTA
Amendment 2 #

2020/2043(INI)

Draft opinion
Paragraph -1 a (new)
-1a. whereas the European Union in 2017 was the first net importer of CO2 emissions worldwide;
2020/11/03
Committee: INTA
Amendment 10 #

2020/2043(INI)

Draft opinion
Paragraph 1
1. Is convinccerned that a purpose-built trade policy can be an important driver in steering economies towards decarbonbut highly politically motivated trade policy can be driver towards a planned economy in forcing economies towards decarbonisation and resulting deindustrialisation in order to achieve the climate objectives set in the Paris Agreement and the European Green Deal;
2020/11/03
Committee: INTA
Amendment 14 #

2020/2043(INI)

Draft opinion
Paragraph 1 a (new)
1a. Highlights that the CBAM should be formulated as a valuable instrument to protect from unfair competition and counterbalance the higher production costs that the EU Green Deal will evoke to EU companies; in this regard, highlights the need to ensure the level playing field for EU companies, as the standards imposed in the EU Green Deal are not equally ambitious in third countries, which has further increased the phenomenon of delocalisation aggravating the problem of ‘‘carbon leakage’’;
2020/11/03
Committee: INTA
Amendment 21 #

2020/2043(INI)

Draft opinion
Paragraph 2
2. Supports, in the absence of a global carbon price and a multilateral soluQuestion,s a market-based EU carbon border adjustment mechanism (CBAM) oneven under the condition that it is compatible with EU free trade agreements (FTAs) and WTO rules (by being non- discriminatory and not constituting a disguised restriction on international trade), and that it is proportionate, based on the polluter pays principle and fit for purpose in delivering the climate objectives; underlines that unilateral action by the EU through the introduction of the CBAM may lead to retaliatory measures such as punitive tariffs on European exports, that might cause economic damages and severely impact European producers and companies;
2020/11/03
Committee: INTA
Amendment 44 #

2020/2043(INI)

Draft opinion
Paragraph 3
3. Notes that the general exception clause of Article XX of the General Agreement on Tariffs and Trade (GATT) should be the basis for any CBAM design and its only rationale should be an environmental one – reducing global CO2 emissions and preventing carbon leakage; requests a legal opinion by an independent legal experts on whether Article XX’s “would not constitute a means of arbitrary and unjustifiable discrimination between countries in similar circumstances or a disguised restriction on international trade” would be applicable;
2020/11/03
Committee: INTA
Amendment 50 #

2020/2043(INI)

Draft opinion
Paragraph 3
3. Notes that the general exception clause of Article XX of the General Agreement on Tariffs and Trade (GATT) should be the basis for any CBAM design and its only rationale should be an environmental one – reducing global CO2 emissions and preventing carbon leakage; while protecting the competitiveness of the EU industrial sectors in Europe and worldwide;
2020/11/03
Committee: INTA
Amendment 64 #

2020/2043(INI)

Draft opinion
Paragraph 4
4. Calls for thorough impact assessments - especially on direct and indirect carbon leakage - and for the utmost transparency of the process leading to the CBAM, as well as engagement with the EU’s trading partners to build coalitions and avoid any possible retaliations; demands that a full life-cycle GHG emissions analysis will be used as the basis for calculation in order to obtain a neutral and comparable picture of the product’s carbon footprint;
2020/11/03
Committee: INTA
Amendment 75 #

2020/2043(INI)

Draft opinion
Paragraph 4 a (new)
4a. Calls on the Commission not to allocate CBAM revenues as assigned own resources to Next Generation EU (NGEU) but to the various EU research programmes and use it as a mean to help SMEs and industry coping the burdens of the Green Deal policy;
2020/11/03
Committee: INTA
Amendment 82 #

2020/2043(INI)

Draft opinion
Paragraph 5
5. Notes that many carbon- and trade- intensive industrial sectors could potentially be impacted by the CBAM, either directly or indirectly, and that it could influence supply chains; stresses that any CBAM should be easy to administer and not place an undue burden on enterprises, especially small and medium- sized enterprises (SMEs)., that need a stable and predictable policy and legislative framework in order to make the necessary investments, especially on national custom authorities and the implementation of the Union Customs Code, trying to balance between the complexity and efficiency of the instrument;
2020/11/03
Committee: INTA
Amendment 94 #

2020/2043(INI)

Draft opinion
Paragraph 5 a (new)
5a. In this regard, recalls that the CBAM should comprise a complex and detailed method to calculate objectively the amount of carbon in the products included in its scope; for this purpose a strong system of the effective rules of origin (RoOs) is needed in order to avoid and reduce additional administrative and bureaucratic obstacles for companies, especially for the SMEs;
2020/11/03
Committee: INTA
Amendment 99 #

2020/2043(INI)

Draft opinion
Paragraph 5 b (new)
5b. Highlights that one of the purposes of the CBAM should be to spur the reshoring of EU manufacturing activities, especially in the context of the Covid19 crisis, considering the fact that the pandemic has further shown the risks of depending on third countries’ economies and non-EU sources;
2020/11/03
Committee: INTA
Amendment 11 #

2020/2028(INI)

Motion for a resolution
Recital D
D. whereas CPR compliance costs represent 0.6 % to 1.1 % of the construction sector’s turnover, borne mainly by manufacturers, which can beis very burdensome for SMEs;
2020/10/12
Committee: IMCO
Amendment 26 #

2020/2028(INI)

Motion for a resolution
Paragraph 5
5. Points out that unlike other NLF legislation, the use of harmonised standards under the CPR is mandatory, which requires an effective system of adoption to address the needs of industry, keep up with technological developments and ensure legal clarity and a level playing field among all European SMEs active in this sector;
2020/10/12
Committee: IMCO
Amendment 43 #

2020/2028(INI)

Motion for a resolution
Paragraph 9
9. Believes that owing to the mandatory nature of standards and the fact that they are considered part of Union legislation, the texts of issued harmonised standards should be available in all Union languages; highlights the need to ensure high-quality translation and involve national standardisation bodies in the translation process; calls on the Commission to further support and simplify the financial arrangements for the translation of harmonised standards; emphasises that a common harmonised technical language would improve the effectiveness of EU regulatory framework while ensuring a level playing field for European economic operators;
2020/10/12
Committee: IMCO
Amendment 82 #

2020/2028(INI)

Motion for a resolution
Paragraph 21
21. Points to the increase in online sales in the construction sector; highlights the need to ensure the effective market surveillance of construction products sold online, especially those purchased from non-EU economic operators monitoring that these products comply with the EU regulatory framework notably to ensure a high level of EU consumer protection;
2020/10/12
Committee: IMCO
Amendment 85 #

2020/2028(INI)

Motion for a resolution
Paragraph 21 a (new)
21a. Calls on the Commission continuously to review legal measures against the use of building materials such as γ-Butyrolacton (GBL) in situations other than those of their intended use1a, in order to prevent citizens of the Member States falling victim to rape or other crimes; recommends that the Member States harmonise the provisions on the use and on the restrictions to the use of such building materials; __________________ 1a https://www.europarl.europa.eu/doceo/doc ument/E-9-2020-000717_EN.html
2020/10/12
Committee: IMCO
Amendment 102 #

2020/2028(INI)

Motion for a resolution
Paragraph 25
25. Highlights the need to ensure the proper involvement of all stakeholders in the consultation and evaluation process; highlights the need for a level playing field in construction products legislation for all businesses, especially SMEs, to avoid any form of trade barrier in the internal market by monitoring national regulations on construction products set by Member States;
2020/10/12
Committee: IMCO
Amendment 164 #

2020/2023(INI)

Motion for a resolution
Paragraph 12
12. Takes note that the UK has chosen to establish its future economic and trade partnership with the EU on the basis of a ‘Comprehensive Free Trade Agreement’ as laid down in the UK’s Approach to Negotiations; emphasises that, while the European Parliament is supportive of the EU constructively negotiating a balanced, ambitious and comprehensive FTA with the UK, by its nature an FTA will never be equivalent to ‘frictionless’ trade; shares the Commission’s negotiating position whereby the scope and ambition of an FTA that the EU would agree to is conditional on the UK agreeing to provisions related to the level playing field, givenstresses in this regards the core importance of the geographical proximity and integration of markets, as well as on the conclusion of an agreement on fisheries;
2020/05/28
Committee: AFETINTA
Amendment 169 #

2020/2023(INI)

Motion for a resolution
Paragraph 12 a (new)
12 a. Stresses the need to look for the for the same requirements from the UK as it has been done in the past with other trade partner with whom the EU has concluded FTAs; underlines in this regard the impoortance as well as the benefit of integration of markets as well as the geographical proximity which results in less costs and a less important environmental impact resulting from the transport of goods;
2020/05/28
Committee: AFETINTA
Amendment 174 #

2020/2023(INI)

Motion for a resolution
Paragraph 12 b (new)
12 b. Underlines its determination to establish the more appropriate and more beneficial relationship possible with the United Kingdom, points out that the EU Member States are net exporters to the UK and finding a solution that satisfies both parties shall be a priority aiming to ensure the respect and protection of the interests of EU exporters and investors calls on the Commission to enhance competitiveness for EU companies and small and medium-sized enterprises (SMEs);
2020/05/28
Committee: AFETINTA
Amendment 215 #

2020/2023(INI)

Motion for a resolution
Paragraph 13 – point ix
(ix) an overarching chapter on the needs and interests of micro-enterprises and small and medium-sized enterprises (SMEs) with regard to market access facilitation issues including, but not limited to, compatibility of technical standards, and streamlined customs procedures with the aim of preserving and generating concrete business opportunities and fostering their internationalisation; notes that the UK’s approach to the negotiations does not include specific provisions reflecting these objectives;
2020/05/28
Committee: AFETINTA
Amendment 235 #

2020/2023(INI)

Motion for a resolution
Paragraph 14
14. Regrets the UK’s negotiating position with the EU of hitherto not engaging in detailed negotiations on the level playing field; points out that this position does not reflect paragraph 77 of the Political Declaration signed by both sides;deleted
2020/05/28
Committee: AFETINTA
Amendment 254 #

2020/2023(INI)

Motion for a resolution
Paragraph 16 – point iii
(iii) full respect for the social and labour standards of the EU’s social model (including equivalent levels of protection and safeguards against social dumping), at least at the current high levels provided by the existing common standards; underlines in this regard that the UK already complies and is committed to the abovementioned;
2020/05/28
Committee: AFETINTA
Amendment 33 #

2020/2019(INL)

Draft opinion
Paragraph 2 a (new)
2a. Considers that the websites of platforms should provide a means for consumers to easily lodge complaints concerning false or misleading third-party advertising on these platforms;
2020/05/07
Committee: IMCO
Amendment 34 #

2020/2019(INL)

Draft opinion
Paragraph 2 b (new)
2b. Is of the opinion that the list of legal representatives established in the EU that can be held responsible for the content of advertisements must be easily accessible on the platforms’ websites;
2020/05/07
Committee: IMCO
Amendment 94 #

2020/2018(INL)

Motion for a resolution
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 alsomust become guiding principles of the future regulatory framework;
2020/05/18
Committee: IMCO
Amendment 106 #

2020/2018(INL)

Motion for a resolution
Paragraph 4 a (new)
4a. Stresses that European SMEs and start-ups should be able to compete on a level playing field with non-EU ones; notes that European businesses are often unable to access the same amount and quality of datasets as non EU-businesses, which undermines the competitiveness of European businesses in the European and global markets;
2020/05/18
Committee: IMCO
Amendment 168 #

2020/2018(INL)

Motion for a resolution
Paragraph 8
8. Notes that information society services providers, and in particular online platforms and social networking sites - because of their wide-reaching ability to reach and influence broader audiences, behaviour, opinions, and practices - bear significant social responsibility in terms of protecting users, their data and society at large and preventing their services from being exploited abusively.
2020/05/18
Committee: IMCO
Amendment 180 #

2020/2018(INL)

Motion for a resolution
Paragraph 9
9. Recalls that recent scandals regarding data harvesting and selling, Cambridge Analytica, fake news, political advertising and manipulation and a host of other online harms (from hate speech to the broadcast of terrorism) have shown the need to revisit the existing rules without any prejudice to the rights to freedom of expression and reinforce fundamental rights;
2020/05/18
Committee: IMCO
Amendment 201 #

2020/2018(INL)

Motion for a resolution
Paragraph 11
11. Notes that the COVID-19 pandemic has shown how vulnerable EU consumers are to misleading trading practices by dishonest traders selling fake or illegal products online that are not compliant with Union safety rules or imposing unjustified and abusive price increases or other unfair conditions on consumers; or defrauding consumers;
2020/05/18
Committee: IMCO
Amendment 311 #

2020/2018(INL)

Motion for a resolution
Paragraph 19 a (new)
19a. Stresses that child pornography is a widespread and steadily growing phenomenon that cannot go unnoticed and must be fought vigorously by common action;
2020/05/18
Committee: IMCO
Amendment 357 #

2020/2018(INL)

Motion for a resolution
Paragraph 22
22. Calls on the Commission to address the increasing differences and fragmentations of national rules in the Member States and to propose concrete legislative measures including a notice- and-action mechanism, that can empower users to notify online intermediaries of the existence of potentially illegal online content or behaviour and require platforms to react more quickly and to be more transparent about the actions taken; is of the opinion that such measures would guarantee a high level of users' and consumers' protection while promoting consumer trust in the online economy;
2020/05/18
Committee: IMCO
Amendment 473 #

2020/2018(INL)

Motion for a resolution
Paragraph 30
30. Considers that a central regulatory authority should be established which should be responsible for the oversight and compliance with the Digital Services Act and have supplementary powers to tackle cross-border issues; it should be entrusted with investigation and enforcement powers;deleted
2020/05/18
Committee: IMCO
Amendment 484 #

2020/2018(INL)

Motion for a resolution
Paragraph 30 a (new)
30a. Notes that over the years national authorities managed and solved critical aspects related to the evolution of e- commerce in an effective but fragmented way within the Union; stresses that a consistent approach between Member States is desirable;
2020/05/18
Committee: IMCO
Amendment 487 #

2020/2018(INL)

Motion for a resolution
Paragraph 31
31. Takes the view that the central regulatory authority should prioritise cooperation between Member States to address complex cross-border issues by working in close cooperation with a network of independent National Enforcement Bodies (NEBs);deleted
2020/05/18
Committee: IMCO
Amendment 495 #

2020/2018(INL)

Motion for a resolution
Paragraph 31 a (new)
31a. Considers that a network of independent National Enforcement Bodies (NEBs) on DSA should be reinforced;
2020/05/18
Committee: IMCO
Amendment 520 #

2020/2018(INL)

Motion for a resolution
Annex I – part I – paragraph 4
The Digital Services Act should respect the broad framework of fundamental European rights of users and consumers, such as the protection of privacy, non-discrimination, dignity, fairness and free speechdom of expression;
2020/05/18
Committee: IMCO
Amendment 893 #

2020/2018(INL)

Motion for a resolution
Annex I – part VIII – paragraph 2
The supervision and enforcement the Digital Services Act should be improved by the creation of central regulatory authority who should be responsible for overseeing compliance with the DSA and improve external monitoring, verification of platform activities, and better enforcement.deleted
2020/05/18
Committee: IMCO
Amendment 898 #

2020/2018(INL)

Motion for a resolution
Annex I – part VIII – paragraph 3
The central regulatory authority should prioritise cooperation between the Member States to address complex cross- border issues; to that end, it should work together with the network of independent NEBs and have detailed and extensive enforcement powers to launch initiatives and investigations into cross-border systemic issues.deleted
2020/05/18
Committee: IMCO
Amendment 903 #

2020/2018(INL)

Motion for a resolution
Annex I – part VIII – paragraph 4
The central regulator should coordinate the work of the different authorities dealing with illegal content online, enforce compliance, fines, and be able to carry out auditing of intermediaries and platforms.deleted
2020/05/18
Committee: IMCO
Amendment 915 #

2020/2018(INL)

Motion for a resolution
Annex I – part VIII – paragraph 5
The central regulator should report to the Union institutions and maintain a ‘Platform Scoreboard’ with relevant information on the performance of online platforms.deleted
2020/05/18
Committee: IMCO
Amendment 108 #

2020/2017(INI)

Draft opinion
Paragraph 6 a (new)
6a. Considers that, since automatic translation tools have made so much progress, content providers and commercial digital platforms should be encouraged to provide subtitling of educational and cultural programmes in the languages of the European Union;
2020/04/15
Committee: IMCO
Amendment 117 #

2020/2017(INI)

Draft opinion
Paragraph 6 b (new)
6b. Considers that commercial digital platforms should be encouraged to provide access to their programmes in all the languages in which their content is disseminated in Europe, i.e. without blocking access to certain languages according to the geographical location of the consumer when the oral or written version is available for other countries of dissemination.
2020/04/15
Committee: IMCO
Amendment 2 #

2020/2016(INI)

Draft opinion
Recital A
A. whereas the functioning of the digital single market should be improved by reinforcing legal certainty for providers of artificial intelligence (AI), and reinforcing users’ trust by strengthening safeguards to ensure the rule of law and fundamental rights, while stressing that criminal law legislation falls within the competence of each Member State;
2020/06/17
Committee: IMCO
Amendment 16 #

2020/2016(INI)

Draft opinion
Paragraph 1
1. Considers that AI used by police and judicial authorities has to be categorised as high-risk, given that the role of these authorities is to defend the public interest; considers that the EU should take the lead in laying down basic rules on the development and use of AI to ensure the same high level of consumer protection across the EU;
2020/06/17
Committee: IMCO
Amendment 29 #

2020/2016(INI)

Draft opinion
Paragraph 2
2. Stresses that AI should help to ease the administrative burden on public authorities, without ever replacing human decisions, and that AI systems shouldmust rely on human oversight; emphasizes the importance of avoiding the use of algorithms with judicial functions, predictive assessments on the dangerousness of subjects and predictive policing practices.
2020/06/17
Committee: IMCO
Amendment 37 #

2020/2016(INI)

Draft opinion
Paragraph 3
3. Considers that such tools should be released as open source software under the public procurement procedure, and that a fundamental rights audit should be part of a prior conformity assessment; believes that – while ensuring the respect of EU law and values and the applicable data protection rules, and without jeopardising investigations or criminal prosecutions – training data must be open data;deleted
2020/06/17
Committee: IMCO
Amendment 47 #

2020/2016(INI)

Draft opinion
Paragraph 4
4. Emphasises that data collection and the monitoring of individuals should be limited to criminal suspects; stresses that data which are no longer relevant to the proceedings must be deleted;
2020/06/17
Committee: IMCO
Amendment 52 #

2020/2016(INI)

Draft opinion
Paragraph 5
5. Insists that effective complaint and redress procedures, including judicial redress be made available to citizens;deleted
2020/06/17
Committee: IMCO
Amendment 64 #

2020/2016(INI)

Draft opinion
Paragraph 6
6. Recalls the high risk of abuse of certain types of AI, including facial recognition technologies in public spaces, automated behaviour detection and profiling to divide people into risk categories at borders, and calls on the CommissionMember States to ban them;
2020/06/17
Committee: IMCO
Amendment 28 #

2020/2007(INI)

Draft opinion
Paragraph 2
2. Regrets that insufficientcomplete national implementation of existing legislation continues to seriously hamper the free mobility of workers within the EU to the detriment of workers and the European economy as a whole;
2020/10/30
Committee: IMCO
Amendment 43 #

2020/2007(INI)

Draft opinion
Paragraph 3
3. Stresses that while it is a competence of Member States to regulate a certain profession, they must respect the limits of the principles of non- discrimination and proportionality, as explicitly stipulated in the Proportionality Test Directive; regrets that the assessment of proportionality is rarely carried out; calls on the Commission to define the concept of proportionality more precisely and to provide Member States with practical guidelines for its application;
2020/10/30
Committee: IMCO
Amendment 60 #

2020/2007(INI)

Draft opinion
Paragraph 4
4. Recalls that the Services Directive and the PQD build on the principle of mutual recognition to facilitate free movement of services; calls on the Member States to extend mutual recognition to more levels of education and to improve or introduce the necessary procedures as soon as possible; recalls that the country of destination principle was not included in the Services Directive;
2020/10/30
Committee: IMCO
Amendment 62 #

2020/2007(INI)

Draft opinion
Paragraph 5
5. EncouragesCalls on the Commission to fully enforce existing rulnot to exceed its competences disproportionately and, in accordance with the principle of subsidiarity, to give the Member States room for development in their policies and legislation on the free movement of workers and services; calls for alternative resolution mechanisms to be assessed and for infringement procedures to be applied swiftly and rigorously whenever breaches of relevant legislation are identified or disproportionate non-regulatory burdens introduced;
2020/10/30
Committee: IMCO
Amendment 103 #

2020/0374(COD)

Proposal for a regulation
Recital 13
(13) In particular, online intermediation services, online search engines, operating systems, online social networking, video sharing platform services, number- independent interpersonal communication services, cloud computing services and online advertising services all have the capacity to affect a large number of end users and businesses alike, which entails a risk of unfair business practices. They therefore should be included in the definition of core platform services and fall into the scope of this Regulation. Online intermediation services may also be active in the field of financial services, and they may intermediate or be used to provide such services as listed non-exhaustively in Annex II to Directive (EU) 2015/1535 of the European Parliament and of the Council32 . In certain circumstances, the notion of end users should encompass users that are traditionally considered business users, but in a given situation do not use the core platform services to provide goods or services to other end users, such as for example businesses relying on cloud computing services for their own purposes. _________________ 32Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services, OJ L 241, 17.9.2015, p. 1.
2021/09/13
Committee: ITRE
Amendment 112 #

2020/0374(COD)

Proposal for a regulation
Recital 16
(16) In order to ensure the effective application of this Regulation to providers of core platform services which are most likely to satisfy these objective requirements, and where unfair conduct weakening contestability is most prevalent and impactful, the Commission should be able to directly designate as gatekeepers those providers of core platform services which meet certain quantitative thresholds with the particular platform service offered. Such undertakings should in any event be subject to a fast designation process which should start upon the entry into force of this Regulation.
2021/09/13
Committee: ITRE
Amendment 113 #

2020/0374(COD)

Proposal for a regulation
Recital 17
(17) AThe provision of and a very significant turnover in the Union and the provision of a core platform service in at least three Member Stateswith a core platform service in the Union constitute compelling indications that the provider of a core platform service has a significant impact on the internal market. This is equally true where a provider of a core platform service in at least three Member States has a very significant market capitalisation or equivalent fair market value. Therefore, a provider of a core platform service should be presumed to have a significant impact on the internal market where it provides a core platform service in at least three Member States and where either its group turnoverthe Union and where either its turnover with providing core platforms realised in the EEA is equal to or exceeds a specific, high threshold or the market capitalisation of the group is equal to or exceeds a certain high absolute value. For providers of core platform services that belong to undertakings that are not publicly listed, the equivalent fair market value above a certain high absolute value should be referred to. The Commission should use its power to adopt delegated acts to develop an objective methodology to calculate that value. A high EEA group turnover with providing core platforms in conjunction with the threshold of users in the Union of core platform services reflects a relatively strong ability to monetise these users. A high market capitalisation relative to the same threshold number of users in the Union reflects a relatively significant potential to monetise these users in the near future. This monetisation potential in turn reflects in principle the gateway position of the undertakings concerned. Both indicators are in addition reflective of their financial capacity, including their ability to leverage their access to financial markets to reinforce their position. This may for example happen where this superior access is used to acquire other undertakings, which ability has in turn been shown to have potential negative effects on innovation. Market capitalisation can also be reflective of the expected future position and effect on the internal market of the providers concerned, notwithstanding a potentially relatively low current turnover. The market capitalisation value can be based on a level that reflects the average market capitalisation of the largest publicly listed undertakings in the Union over an appropriate period.
2021/09/13
Committee: ITRE
Amendment 115 #

2020/0374(COD)

Proposal for a regulation
Recital 18
(18) A sustained market capitalisation of the provider of core platform services at or above the threshold level over three or more years should be considered as strengthening the presumption that the provider of core platform services has a significant impact on the internal market.deleted
2021/09/13
Committee: ITRE
Amendment 120 #

2020/0374(COD)

Proposal for a regulation
Recital 21
(21) An entrenched and durable position in its operations or the foreseeability of achieving such a position future occurs notably where the contestability of the position of the provider of the core platform service is limited. This is likely to be the case where that provider has provided a core platform service in at least three Member States to a very high number of business users and end users during at least three years.
2021/09/13
Committee: ITRE
Amendment 132 #

2020/0374(COD)

Proposal for a regulation
Recital 3
(3) A small number of large – non- European and notably American – providers of core platform services have emerged with considerable economic power. Typically, they feature an ability to connect many business users with many end users through their services which, in turn, allows them to leverage their advantages and abuse their position, such as their access to large amounts of data, from one area of their activity to new ones. Some of these providers exercise control over whole platform ecosystems in the digital economy and are structurally extremely difficult to challenge or contest by existing or new market operators, irrespective of how innovative and efficient these may be. Contestability is particularly reduced due to the existence of very high barriers to entry or exit, including high investment costs, which cannot, or not easily, be recuperated in case of exit, and absence of (or reduced access to) some key inputs in the digital economy, such as data. As a result, the likelihood increases that the underlying markets do not function well – or will soon fail to function well – to the detriment of European businesses and consumers.
2021/07/09
Committee: IMCO
Amendment 133 #

2020/0374(COD)

Proposal for a regulation
Recital 28
(28) This should allow the Commission to intervene in time and effectively, while fully respecting the proportionality of the considered measures. It should also reassure actual or potential market participants about the fairness and contestability of the services concerned.deleted
2021/09/13
Committee: ITRE
Amendment 138 #

2020/0374(COD)

Proposal for a regulation
Recital 7
(7) Therefore, bBusiness users and end- users of core platform services provided by gatekeepers should be afforded appropriate regulatory safeguards throughout the Union and the Member States against the unfair behaviour of gatekeepers in order to facilitate cross- border business within the Union and thereby improve the proper functioning of the internal market and to address existing or likely emerging fragmentation in the specific areas covered by this Regulation. Moreover, while gatekeepers tend to adopt global or at least pan-European business models and algorithmic structures, they can adopt, and in some cases have adopted, different and unfair business conditions and practices in different Member States, which is liable to create disparities between thewhich create unequal competitive conditions for the users of core platform services provided by gatekeepers, to the detriment of integration with and prevent commercial alternatives, including future innovative players and European digital businesses and SMEs, from entering and operating in the interndigital market.
2021/07/09
Committee: IMCO
Amendment 139 #

2020/0374(COD)

Proposal for a regulation
Recital 8
(8) By approximating diverging national laws, obstacles to the freedom to provide and rWhile the harmonisation of the internal market is not an objecetive services, including retail services, withinin itself, fragmentation of the internal market should be eliminated. A targeted set of harmonised mandatory rules should therefore be established at Union level as far as possible, in pursuit of the objective of that regulation, which is to ensure contestable and fair digital markets featuring the presence of gatekeepers within the internal marketor the benefit of European consumers and businesses.
2021/07/09
Committee: IMCO
Amendment 146 #

2020/0374(COD)

Proposal for a regulation
Recital 9
(9) A fragmentation of the internal market can only be effectively averted if Member States are prevented from applying national rules which are specific to the types of undertakings and services covered by this Regulation. At the same time, sSince this Regulation aims at complementing the enforcement of competition law, it should be specified that this Regulation is without prejudice to Articles 101 and 102 TFEU, to the corresponding national competition rules and to other national competition rules regarding unilateral behaviour that are based on an individualised assessment of market positions and behaviour, including its likely effects and the precise scope of the prohibited behaviour, and which provide for the possibility of undertakings to make efficiency and objective justification arguments for the behaviour in question. However, the application of the latter rules should not affect the obligations imposed on gatekeepers under this Regulation and their uniform and effective application in the internal market.
2021/07/09
Committee: IMCO
Amendment 198 #

2020/0374(COD)

Proposal for a regulation
Recital 53
(53) The conditions under which gatekeepers provide online advertising services to business users including both advertisers and publishers are often non- transparent and opaque. This often leads to a lack of information for advertisers and publishers about the effect of a given ad. To further enhance fairness, transparency and contestability of online advertising services designated under this Regulation as well as those that are fully integrated with other core platform services of the same provider, the designated gatekeepers should therefore provide advertisers and publishers, when requested, with free of charge access to the performance measuring tools of the gatekeeper and the information necessary for advertisers, advertising agencies acting on behalf of a company placing advertising, as well as for publishers to carry out their own independent verification of the provision of the relevant online advertising services.
2021/09/13
Committee: ITRE
Amendment 204 #

2020/0374(COD)

Proposal for a regulation
Recital 33
(33) The obligations laid down in this Regulation are limited to what is necessary and justified to address the unfairness of the identified practices by gatekeepers and to ensure contestability in relation to core platform services provided by gatekeepers. Therefore, the obligations should correspond to those practices that are considered unfair by taking into account the features of the digital sector and where experience gained, for example in the enforcement of the EU and national competition rules, shows that they have a particularly negative direct impact on the business users and end users as well as businesses operating in the digital market including innovative players and European digital businesses and SMEs. In addition, it is necessary to provide for the possibility of a regulatory dialogue with gatekeepers to tailor those obligations that are likely to require specific implementing measures in order to ensure their effectiveness and proportionality. The obligations should only be updated after a thorough investigation on the nature and impact of specific practices that may be newly identified, following an in-depth investigation, as unfair or limiting contestability in the same manner as the unfair practices laid down in this Regulation while potentially escaping the scope of the current set of obligations.
2021/07/09
Committee: IMCO
Amendment 204 #

2020/0374(COD)

Proposal for a regulation
Recital 55
(55) Business users that use large core platform services provided by gatekeepers and end users of such business users provide and generate a vast amount of data, including data inferred from such use. In order to ensure that business users have access to the relevant data thus generated, the gatekeeper should, upon their request, allow unhindered access, free of charge, to such data. Such access should also be given to third parties contracted by the business user, who are acting as processors of this data for the business user. Data provided or generated by the same business users and the same end users of these business users in the context of other services provided by the same gatekeeper may be concerned where this is inextricably linked to the relevant request. To this end, a gatekeeper should not use any contractual or other restrictions to prevent business users from accessing relevant data and should enable business users to obtain consent of their end users for such data access and retrieval, where such consent is required under Regulation (EU) 2016/679 and Directive 2002/58/EC. Gatekeepers should also facilitate access to these data in real time by means of appropriate technical measures, such as for example putting in place high quality application programming interfaces.
2021/09/13
Committee: ITRE
Amendment 218 #

2020/0374(COD)

Proposal for a regulation
Recital 60
(60) In exceptional circumstances justified on the limited grounds of public morality, public health or public security, the Commission should be able to decide that the obligation concerned does not apply to a specific core platform service. This exemption must be transparent and comprehensible to the public. Affecting these public interests can indicate that the cost to society as a whole of enforcing a certain obligation would in a certain exceptional case be too high and thus disproportionate. The regulatory dialogue to facilitate compliance with limited suspension and exemption possibilities should ensure the proportionality of the obligations in this Regulation without undermining the intended ex ante effects on fairness and contestability.
2021/09/13
Committee: ITRE
Amendment 222 #

2020/0374(COD)

Proposal for a regulation
Recital 62
(62) In order to ensure the full and lasting achievement of the objectives of this Regulation, the Commission should be able to assess whether a provider of core platform services should be designated as a gatekeeper without meeting the quantitative thresholds laid down in this Regulation; wWhether systematic non- compliance by a gatekeeper warrants imposing additional remedies; and whether the list of obligations addressing unfair practices by gatekeepers should be reviewed and additional practices that are similarly unfair and limiting the contestability of digital markets should be identified. Such assessment should be based on market investigations to be run in an appropriate timeframe, by using clear procedures and deadlines, in order to support the ex ante effect of this Regulation on contestability and fairness in the digital sector, and to provide the requisite degree of legal certainty.
2021/09/13
Committee: ITRE
Amendment 230 #

2020/0374(COD)

Proposal for a regulation
Recital 39
(39) To safeguard a fair commercial environment and protect the contestability of the digital sector it is important to safeguard the right of business users, end users and disadvantaged European enterprises to raise concerns about unfair behaviour by gatekeepers with any relevant administrative or other public authorities. For example, business users may want to complain about different types of unfair practices, such as discriminatory access conditions, unjustified closing of business user accounts or unclear grounds for product de-listings. Any practice that would in any way inhibit such a possibility of raising concerns or seeking available redress, for instance by means of confidentiality clauses in agreements or other written terms, should therefore be prohibited. This should be without prejudice to the right of business users and gatekeepers to lay down in their agreements the terms of use including the use of lawful complaints-handling mechanisms, including any use of alternative dispute resolution mechanisms or of the jurisdiction of specific courts in compliance with respective Union and national law This should therefore also be without prejudice to the role gatekeepers play in the fight against illegal content online.
2021/07/09
Committee: IMCO
Amendment 235 #

2020/0374(COD)

Proposal for a regulation
Recital 68
(68) In order to ensure effective implementation and compliance with this Regulation, the Commission should have strong investigative and enforcement powers, to allow it to investigate, enforce and monitor the rules laid down in this Regulation, while at the same time ensuring the respect for the fundamental right to be heard and to have access to the file in the context of the enforcement proceedings. The Commission should dispose of these investigative powers also for the purpose of carrying out market investigations for the purpose of updating and reviewing this Regulation.deleted
2021/09/13
Committee: ITRE
Amendment 238 #

2020/0374(COD)

Proposal for a regulation
Recital 69
(69) The Commission should be empowered to request information necessary for the purpose of this Regulation, throughout the Union. In particular, the Commission should have access to any relevant documents, data, database, algorithm and information necessary to open and conduct investigations and to monitor the compliance with the obligations laid down in this Regulation, irrespective of who possesses the documents, data or information in question, and regardless of their form or format, their storage medium, or the place where they are stored.
2021/09/13
Committee: ITRE
Amendment 266 #

2020/0374(COD)

Proposal for a regulation
Article 1 – paragraph 3 – point b a (new)
(b a) Due to the structural differences between B2C and B2B-only and industry- only platforms, the latter two shall be exempted from the regulation;
2021/09/13
Committee: ITRE
Amendment 317 #

2020/0374(COD)

Proposal for a regulation
Recital 58
(58) To ensure the effectiveness of the obligations laid down by this Regulation, while also making certain that these obligations are limited to what is necessary to ensure contestability and tackling the harmful effects of the unfair behaviour by gatekeepers, it is important to clearly define and circumscribe them so as to allow the gatekeeper to immediately comply with them, in full respect of Regulation (EU) 2016/679 and Directive 2002/58/EC, consumer protection, cyber security and product safety. The gatekeepers should ensure the compliance with this Regulation by design. The necessary measures should therefore be as much as possible and where relevant integrated into the technological design used by the gatekeepers. However, it may in certain cases be appropriate for the Commission, following a dialogue with the gatekeeper concerned, to further specify some of the measures that the gatekeeper concerned should adopt in order to effectively comply with those obligations that are susceptible of being further specified. This possibility of a regulatory dialogue should facilitate compliance by gatekeepers and expedite the correct implementation of the Regulation. This procedure may be initiated at the request of a competent national authority. The competent national authorities shall be consulted during the procedure.
2021/07/09
Committee: IMCO
Amendment 325 #

2020/0374(COD)

Proposal for a regulation
Recital 60
(60) IA national competent authority within its territory or the Commission within the Union may decide, in exceptional circumstances justified on the limited grounds of public morality, public health or public security, the Commission should be able to decide that the obligation concerned does not apply, for a maximum period of one year, to a specific core platform service. Affecting these public interests can indicate that the cost to society as a whole of enforcing a certain obligation would in a certain exceptional case be too high and thus disproportionate. The regulatory dialogue to facilitate compliance with limited suspension and exemption possibilities should ensure the proportionality of the obligations in this Regulation without undermining the intended ex ante effects on fairness and contestability.
2021/07/09
Committee: IMCO
Amendment 330 #

2020/0374(COD)

Proposal for a regulation
Recital 61
(61) The data protection and privacy interests of end users are relevantessential to any assessment of potential negative effects of the observed practice of gatekeepers to collect and accumulate large amounts of data from end users. Ensuring an adequate level of transparency of profiling practices employed by gatekeepers facilitates contestability of core platform services, by putting external pressure on gatekeepers to prevent making deep consumer profiling the industry standard, given that potential entrants or start-up providers cannot access data to the same extent and depth, and at a similar scale. Enhanced transparency should allow other providers of core platform services to differentiate themselves better through the use of superior privacy guaranteeing facilities. To ensure a minimum level of effectiveness of this transparency obligation, gatekeepers should at least provide a description of the basis upon which profiling is performed, including whether personal data and data derived from user activity is relied on, the processing applied, the purpose for which the profile is prepared and eventually used, the impact of such profiling on the gatekeeper’s services, and the steps taken to enable end users to be aware of the relevant use of such profiling, as well as to seek their consent.
2021/07/09
Committee: IMCO
Amendment 337 #

2020/0374(COD)

Proposal for a regulation
Recital 64
(64) TAt the request of the European High-Level Group of Digital Regulators established by this Regulation, or on its own initiative, the Commission shouldall investigate and assess whether additional behavioural, or, where appropriate, structural remedies are justified, in order to ensure that the gatekeeper cannot frustratethwart the objectives of this Regulation by systematically non-t complianceying with one or severalmore of the obligations laid down in this Regulation, which has further strengthened its gatekeeper position. This would be the case if the gatekeeper’s size in the internal market has further increased, economic dependency of business users and end users on the gatekeeper’s core platform services has further strengthened as their number has further increased and the gatekeeper benefits from increased entrenchment of itsthereby maintaining or strengthening its gatekeeper position. The Commission should therefore in such cases have the power to impose, any remedy, whether behavioural or structural, having due regard to the principle of proportionality. St the request of the European High-Level Group of Digital Regulators, any necessary remedy, including structural remedies, suc through as legal, functional or structural separation, including or the divestiture of a business, or parts of it, should only be imposed either where there is no equally effective behavioural remedy or where any equally effective behavioural remedy would be more burdensome for the undertaking concerned than the structural remedy. Changes to the structure of an undertaking as it existed before the systematic non-compliance was established would only be proportionate where there is a substantial risk that this systematic non-compliance results from the very structure of the undertaking concernedin order to ensure compliance with the objectives of this Regulation.
2021/07/09
Committee: IMCO
Amendment 344 #

2020/0374(COD)

Proposal for a regulation
Recital 66
(66) In the event that gatekeepers engage in behaviour that is unfair or that limits the contestability of the core platform services that are already designated under this Regulation but without these behaviours being explicitly covered by the obligations, the Commission should be able, after having consulted the European High-Level Group of Digital Regulators or on a proposal by that group, to update this Regulation through delegated acts. Such updates by way of delegated act should be subject to the same investigatory standard and therefore following a market investigation. The Commission should also apply a predefined standard in identifying such behaviours. This legal standard should ensure that the type of obligations that gatekeepers may at any time face under this Regulation are sufficiently predictable.
2021/07/09
Committee: IMCO
Amendment 348 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point a
(a) the requirement in paragraph 1 point (a) where the undertaking to which it belongs achieves an annual EEA turnover equal to or above EUR 6.5 billion in the last three financial years with the particular core plattform, or where the average market capitalisation or the equivalent fair market value of the undertaking to which it belongs amounted to at least EUR 65 billion in the last financial year, and it provides a with the particular core plattform service in at least three Member States;
2021/09/13
Committee: ITRE
Amendment 353 #

2020/0374(COD)

Proposal for a regulation
Recital 68
(68) In order to ensure effective implementation and compliance with this Regulation, the Commission should haveand the Member States should pool their strong investigative and enforcement powers, to allow it to investigate, enforce and monitor the rules laid down in this Regulation, while at the same time ensuring the respect for the fundamental right to be heard and to have access to the file in the context of the enforcement proceedings. The Commission should dispose of these investigative powers also for the purpose of carrying out market investigations for the purpose of updating and reviewing this Regulation.
2021/07/09
Committee: IMCO
Amendment 356 #

2020/0374(COD)

Proposal for a regulation
Recital 70
(70) The Commission should be able to directly request that undertakings or association of undertakings provide any relevant evidence, data and information. In addition, the Commission should be able to request any relevant information from any public authority, body or agency within the Member State, or from any natural person or legal person for the purpose of this Regulation. WhenAny complying with a decision of the Commission, uetent national authority may initiate an investigation and provide information which the Commission must take into account in its assessments. Undertakings are obliged to answer factual questions and to provide documents.
2021/07/09
Committee: IMCO
Amendment 358 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 3 a (new)
3 a. Where a company has been categorised as a gatekeeper, the Commission shall determine which service offered is considered a core platform service and thus becomes subject to the obligations of Articles 5 and 6.
2021/09/13
Committee: ITRE
Amendment 363 #

2020/0374(COD)

Proposal for a regulation
Recital 73
(73) Compliance with the obligations imposed under this Regulation should be enforceable by means of fines and, periodic penalty payments. To that end, appropriate levels of fin, behavioural and structural measures, and, periodic penalty payments should also be laid down for non-compliance with the obligations and breach of the procedural rules subject to appropriate limitation periods. The Court of Justice should have unlimited jurisdiction in respect of fines and penalty paymentsossibly, personal sanctions against the directors, representatives or employees responsible for the failing within the undertaking concerned.
2021/07/09
Committee: IMCO
Amendment 369 #

2020/0374(COD)

Proposal for a regulation
Recital 75 a (new)
(75a) In order to ensure cooperation and coordination between the Commission and the Member States in their implementing measures, it is essential to set up a European High-Level Group of Digital Regulators, which will identify priorities, provide direct guidance to the Commission and offer advice. The establishment of the High-Level Group should promote the exchange of information and best practices between Member States, as well as better monitoring and more rigorous implementation, which together will ensure that gatekeepers comply with this Regulation.
2021/07/09
Committee: IMCO
Amendment 374 #

2020/0374(COD)

Proposal for a regulation
Recital 78 a (new)
(78a) Points out that the development of a European industrial and technological base in the digital sector requires the introduction of a European preference for local or European production in digital procurement in Europe;
2021/07/09
Committee: IMCO
Amendment 375 #

2020/0374(COD)

Proposal for a regulation
Recital 78 b (new)
(78b) Stresses that the personal data of European citizens should preferably be processed in Europe.
2021/07/09
Committee: IMCO
Amendment 376 #

2020/0374(COD)

Proposal for a regulation
Recital 79 – introductory part
(79) The objective of this Regulation is to ensure a contestable and fair digital sector in general and core platform services in particular, with a view to promoting innovation, high quality of digital products and services, fair and competitive prices, as well as a high quality and choice for end users in the digital sector. This cannot be sufficiently achieved by the Member States, but can only, by reason of the business model and operae Regulation should also create the conditions ofor the gatekeepers and the scale and effects of their operations, be fully achieved at Union leveldevelopment of the digital sector in Europe. The Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.
2021/07/09
Committee: IMCO
Amendment 378 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 6 – subparagraph 1 – point a
(a) the size, including turnover and market capitalisationwith the core platform, operations and position of the provider of core platform services as well as its market share and competitors;
2021/09/13
Committee: ITRE
Amendment 383 #

2020/0374(COD)

Proposal for a regulation
Article premier – paragraph 1
1. This Regulation layse purpose of this Regulation is to contribute to the proper functioning of the internal market and consumer protection by laying down harmonised rules ensuring contestable and fair markets in the digital sector across the Union for European undertakings, including SMEs, where gatekeepers are present.
2021/07/09
Committee: IMCO
Amendment 395 #

2020/0374(COD)

Proposal for a regulation
Article premier – paragraph 5
5. Member States shall notmay, in keeping with the spirit of this Regulation, impose on gatekeepers further obligations by way of laws, regulations or administrative action for the purpose of ensuring contestable and fair markets. This is without prejudice to rules and pursuing other legitimate public interests, in compliance with Union law. In particular, nothing in this Regulation precludes Member States from imposing obligations, which are compatible with Union law, on undertakings, including providers of core platform services where these obligations are unrelated to the relevant undertakings having a status of gatekeeper within the meaning of this Regulation in order to protect consumers or to fight against acts of unfair competition.
2021/07/09
Committee: IMCO
Amendment 410 #

2020/0374(COD)

Proposal for a regulation
Article premier – paragraph 7
7. National authorities shall not take decisions against the spirit of the Regulation which would run counter to a decision adopted by the Commission on a proposal by the High-Level Group under this Regulation. The Commission and Member States shall work in close cooperation and coordination in their investigation, supervisory and enforcement actions.
2021/07/09
Committee: IMCO
Amendment 520 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point g
(g) provide advertisers and publishers, upon their request and free of charge, with access to the performance measuring tools of the gatekeeper and the information necessary for advertisers and publishers to carry out their own independent verification of the ad inventory;
2021/09/13
Committee: ITRE
Amendment 533 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point i
(i) provide business users, or third parties authorised by a business user, free of charge, with effective, high-quality, continuous and real-time access and use of aggregated or non-aggregated data, that is provided for or generated in the context of the use of the relevant core platform services by those business users and the end users engaging with the products or services provided by those business users; for personal data, provide access and use only where directly connected with the use effectuated by the end user in respect of the products or services offered by the relevant business user through the relevant core platform service, and when the end user opts in to such sharing with a consent in the sense of the Regulation (EU) 2016/679; ;
2021/09/13
Committee: ITRE
Amendment 584 #

2020/0374(COD)

Proposal for a regulation
Article 9 – paragraph 1
1. The Commission may, acting on a reasoned request by a gatekeeper or on its own initiative, by decision adopted in accordance with the advisory procedure referred to in Article 32(4), exempt it, in whole or in part, from a specific obligation laid down in Articles 5 and 6 in relation to an individual core platform service identified pursuant to Article 3(7), where such exemption is justified on the grounds set out in paragraph 2 of this Article. The Commission shall adopt the exemption decision at the latest 3 months after receiving a complete reasoned request; this process shall be transparent and traceable for the public.
2021/09/13
Committee: ITRE
Amendment 592 #

2020/0374(COD)

Proposal for a regulation
Chapter III – title
III In respect of each of its core platform services identified pursuant to Article 3(7), aContestability of markets and limits to certain unfair practices of gatekeeper shall:s
2021/07/09
Committee: IMCO
Amendment 607 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point a a (new)
(a a) Any multinational gatekeeper wishing to continue operating in the internal market must establish itself in the European Union and develop local jobs.
2021/07/09
Committee: IMCO
Amendment 608 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point a b (new)
(a b) The creation of local jobs shall be used by the competent national authorities and the Commission in the procedures to determine whether the gatekeepers have fulfilled their obligations.
2021/07/09
Committee: IMCO
Amendment 634 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point d
(d) refrain from preventing or restricting business users, end users or whistleblowers from raising issues with any relevant public authority relating to any practice of gatekeepers, and also refrain from identifying them;
2021/07/09
Committee: IMCO
Amendment 642 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point e
(e) refrain from requiring business users to use, offer or interoperate with an identification service of the gatekeeper or with a specific payment service (Visa, Mastercard, payment service of the gatekeeper or other) in the context of services offered by the business users using the core platform services of that gatekeeper;
2021/07/09
Committee: IMCO
Amendment 664 #

2020/0374(COD)

Proposal for a regulation
Article 19 – paragraph 1
1. The Commission may by simple request or by decision require information from undertakings and associations of undertakings to provide all necessary information, including for the purpose of monitoring, implementing and enforcing the rules laid down in this Regulation. The Commission may also request access to data bases and algorithms of undertakings and request explanations on those by a simple request or by a decision.
2021/09/13
Committee: ITRE
Amendment 671 #

2020/0374(COD)

Proposal for a regulation
Article 21 – paragraph 3
3. During on-site inspections the Commission and auditors or experts appointed by it may require the undertaking or association of undertakings to provide access to and explanations on its organisation, functioning, IT system, algorithms, data-handling and business conducts. The Commission and auditors or experts appointed by it may address questions to key personnel.
2021/09/13
Committee: ITRE
Amendment 695 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point g a (new)
(g a) not acquire directly or indirectly any undertaking in a killer acquisition.
2021/07/09
Committee: IMCO
Amendment 697 #

2020/0374(COD)

Proposal for a regulation
Article 26 – paragraph 1 – introductory part
1. In the decision pursuant to Article 25, the Commission may impose on a gatekeeper fines not exceeding 10% of its total turnover generated by the core platform in the preceding financial year where it finds that the gatekeeper, intentionally or negligently, fails to comply with:
2021/09/13
Committee: ITRE
Amendment 699 #

2020/0374(COD)

Proposal for a regulation
Article 26 – paragraph 2 – introductory part
2. The Commission may by decision impose on undertakings and associations of undertakings fines not exceeding 1% of the total turnover generated by the core platform in the preceding financial year where they intentionally or negligently:
2021/09/13
Committee: ITRE
Amendment 702 #

2020/0374(COD)

Proposal for a regulation
Article 26 – paragraph 4 – subparagraph 4
The financial liability of each undertaking in respect of the payment of the fine shall not exceed 10 % of its total turnover generated by the core platform in the preceding financial year.
2021/09/13
Committee: ITRE
Amendment 703 #

2020/0374(COD)

Proposal for a regulation
Article 27 – paragraph 1 – introductory part
1. The Commission may by decision impose on undertakings, including gatekeepers where applicable, periodic penalty payments not exceeding 5 % of the average daily turnover generated by the core platform in the preceding financial year per day, calculated from the date set by that decision, in order to compel them:
2021/09/13
Committee: ITRE
Amendment 704 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point g b (new)
(g b) refrain from retaliating against undertakings which submit complaints or comments to the competent authorities.
2021/07/09
Committee: IMCO
Amendment 706 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 a (new)
Gatekeepers shall report annually to the Commission the number of employees based in each Member State and the percentage of total global employees for each core platform service identified by this Regulation.
2021/07/09
Committee: IMCO
Amendment 859 #

2020/0374(COD)

Proposal for a regulation
Article 7 – paragraph 2
2. Where the Commission finds that the measures that the gatekeeper intends to implement pursuant to paragraph 1, or has implemented, do not ensure effective compliance with the relevant obligations laid down in Article 6, it may by decision specify the measures that the gatekeeper concerned shall implement. The Commission shall adopt such a decision within sixthree months from the opening of proceedings pursuant to Article 18.
2021/07/09
Committee: IMCO
Amendment 873 #

2020/0374(COD)

Proposal for a regulation
Article 7 – paragraph 4
4. In view of adopting the decision under paragraph 2, the Commission shall communicate its preliminary findings within threewo months from the opening of the proceedings. In the preliminary findings, the Commission shall explain the measures it considers to take or it considers that the provider of core platform services concerned should take in order to effectively address the preliminary findings.
2021/07/09
Committee: IMCO
Amendment 879 #

2020/0374(COD)

Proposal for a regulation
Article 7 – paragraph 6 a (new)
6a. A public consultation allows interested businesses and individuals to contribute anonymously and to inform procedures.
2021/07/09
Committee: IMCO
Amendment 893 #

2020/0374(COD)

Proposal for a regulation
Article 8 – paragraph 1
1. The Commission may, on a reasoned request by the gatekeeper, exceptionally suspend, in whole or in part, a specific obligation laid down in Articles 5 and 6 for a core platform service by decision adopted in accordance with the advisory procedure referred to in Article 32(4), where the gatekeeper demonstrates that compliance with that specific obligation would endanger, due to exceptional circumstances beyond the control of the gatekeeper, the economic viability of the operation of the gatekeeper in the Union, and only to the extent necessary to address such threat to its viabilita risk of bankruptcy. The Commission shall aim to adopt the suspension decision without delay and at the latest 3 months following receipt of a complete reasoned request.
2021/07/09
Committee: IMCO
Amendment 900 #

2020/0374(COD)

Proposal for a regulation
Article 8 – paragraph 2
2. Where the suspension is granted pursuant to paragraph 1, the Commission shall review its suspension decision every yearsix months. Following such a review the Commission shall either lift the suspension or decide that the conditions of paragraph 1 continue to be met.
2021/07/09
Committee: IMCO
Amendment 901 #

2020/0374(COD)

Proposal for a regulation
Article 8 – paragraph 3
3. The Commission may, acting on a reasoned request by a gatekeeper, provisionally suspend the application of the relevant obligation to one or more individual core platform services already prior to the decision pursuant to paragraph 1. In assessing the request, the Commission shall take into account, in particular, the impact of the compliance with the specific obligation on the economic viability of the operation of the gatekeeper in the Union as well as on third parties. The suspension may be made subject to conditions and obligations to be defined by the Commission in order to ensure a fair balance between these interests and the objectives of this Regulation. Such a request may be made and granted at any time pending the assessment of the Commission pursuant to paragraph 1.deleted
2021/07/09
Committee: IMCO
Amendment 907 #

2020/0374(COD)

Proposal for a regulation
Article 9 – paragraph 2 – point a
(a) public morality;deleted
2021/07/09
Committee: IMCO
Amendment 915 #

2020/0374(COD)

Proposal for a regulation
Article 10 – paragraph 1
1. The Commission is empowered, on a proposal from the High-Level Group, to adopt delegated acts in accordance with Article 34 to update the obligations laid down in Articles 5 and 6 where, based on a market investigation pursuant to Article 17, it has identified the need for new obligations addressing practices that limit the contestability of core platform services or are unfair in the same way as the practices addressed by the obligations laid down in Articles 5 and 6.
2021/07/09
Committee: IMCO
Amendment 922 #

2020/0374(COD)

Proposal for a regulation
Article 10 – paragraph 2 – point a
(a) there is an imbalance of rights and obligations on business users or end users and the gatekeeper is obtaining an advantage from business users or end users that is disproportionate to the service provided by the gatekeeper to business users or end users; or
2021/07/09
Committee: IMCO
Amendment 928 #

2020/0374(COD)

Proposal for a regulation
Article 10 – paragraph 2 – point b
(b) the contestability of markets is weakened as a consequence of such a practice engaged in by gatekeepers, in particular where businesses operating in the digital market, including innovative players and European digital businesses or SMEs, are hindered.
2021/07/09
Committee: IMCO
Amendment 957 #

2020/0374(COD)

Proposal for a regulation
Article 12 – paragraph 1 – introductory part
1. A gatekeeper shall inform the Commission and the competent national authorities of any intended concentration within the meaning of Article 3 of Regulation (EC) No 139/2004 involving another provider of core platform services or of any other services provided in the digital sector irrespective of whether it is notifiable to a Union competition authority under Regulation (EC) No 139/2004 or to a competent national competition authority under national merger rules.
2021/07/09
Committee: IMCO
Amendment 976 #

2020/0374(COD)

Proposal for a regulation
Article 13 – paragraph 1
Within sixthree months after its designation pursuant to Article 3, a gatekeeper shall submit to the Commission an independently audited description of any techniques for profiling of consumers that the gatekeeper applies to or across its core platform services identified pursuant to Article 3. This description shall be updated at least annually.
2021/07/09
Committee: IMCO
Amendment 979 #

2020/0374(COD)

Proposal for a regulation
Article 15 – paragraph 1
1. The Commission may conduct a market investigation, on which it shall cooperate with the competent national authorities, for the purpose of examining whether a provider of core platform services should be designated as a gatekeeper pursuant to Article 3(6), or in order to identify core platform services for a gatekeeper pursuant to Article 3(7). It shall endeavour to conclude its investigation by adopting a decision in accordance with the advisory procedure referred to in Article 32(4) within twelvesix months from the opening of the market investigation.
2021/07/09
Committee: IMCO
Amendment 987 #

2020/0374(COD)

Proposal for a regulation
Article 15 – paragraph 2
2. In the course of a market investigation pursuant to paragraph 1, the Commission shall endeavour to communicate its preliminary findings to the provider of core platform services concerned within sixthree months from the opening of the investigation. In the preliminary findings, the Commission shall explain whether it considers, on a provisional basis, that the provider of core platform services should be designated as a gatekeeper pursuant to Article 3(6).
2021/07/09
Committee: IMCO
Amendment 1006 #

2020/0374(COD)

Proposal for a regulation
Article 16 – paragraph 1
1. Where the market investigation shows that a gatekeeper has systematically infringed the obligations laid down in Articles 5 and 6 and has further strengthened or extended its gatekeeper position in relation to the characteristics under Article 3(1), the Commission may by decision adopted in accordance with the advisory procedure referred to in Article 32(4) impose on such gatekeeper any behavioural or structural remedies which are proportionate to the infringement committed and necessary to ensure compliance with this Regulation. The Commission shall conclude its investigation by adopting a decision within twelvesix months from the opening of the market investigation. This provision shall be without prejudice to third-party liability or proceedings under national law in the event of intentional non-compliance or gross negligence.
2021/07/09
Committee: IMCO
Amendment 1017 #

2020/0374(COD)

Proposal for a regulation
Article 16 – paragraph 2
2. The Commission may only impose structural remedies pursuant to paragraph 1 either where there is no equally effective behavioural remedy or where any equally effective behavioural remedy would be more burdensome for the gatekeeper concerned than the structural remedy.
2021/07/09
Committee: IMCO
Amendment 1019 #

2020/0374(COD)

Proposal for a regulation
Article 16 – paragraph 3
3. A gatekeeper shall be deemed to have engaged in a systematic non- compliance with the obligations laid down in Articles 5 and 6, where the Commission has issued at least three non-compliance or fining decisions pursuant to Articles 25 and 26 respectively against a gatekeeper in relation to any of its core platform services within a period of five years prior to the adoption of the decision opening a market investigation in view of the possible adoption of a decision pursuant to this Article.
2021/07/09
Committee: IMCO
Amendment 1029 #

2020/0374(COD)

Proposal for a regulation
Article 16 – paragraph 5
5. The Commission shall communicate its objections to the gatekeeper concerned within sixthree months from the opening of the investigation. In its objections, the Commission shall explain whether it preliminarily considers that the conditions of paragraph 1 are met and which remedy or remedies it preliminarily considers necessary and proportionate.
2021/07/09
Committee: IMCO
Amendment 1036 #

2020/0374(COD)

Proposal for a regulation
Article 17 – paragraph 1
The Commission may conduct a market investigation with the High-Level Group with the purpose of examining whether one or more services within the digital sector should be added to the list of core platform services or to detect types of practices that may limit the contestability of core platform services or may be unfair and which are not effectively addressed by this Regulation. It shall issue a public report at the latest within 124 months from the opening of the market investigation.
2021/07/09
Committee: IMCO
Amendment 1038 #

2020/0374(COD)

Proposal for a regulation
Article 17 – paragraph 1 a (new)
A free advisory hub shall be set up within the Commission or the High-Level Group to respond informally and quickly to stakeholders’ questions on this legislation and provide guidance.
2021/07/09
Committee: IMCO
Amendment 1039 #

2020/0374(COD)

Proposal for a regulation
Article 17 – paragraph 1 b (new)
Gatekeepers intending to introduce a new service or working method may make use of a fast-track procedure to receive, within three months, a preliminary opinion from the High-Level Group on whether the proposed new service or working method is likely to comply with the obligations set out in this Regulation.
2021/07/09
Committee: IMCO
Amendment 1040 #

2020/0374(COD)

Proposal for a regulation
Article 17 – paragraph 1 c (new)
Administrative costs shall be invoiced. Depending on applications and administrative capacity, a schedule or a ceiling for applications per business may be laid down. This opinion shall not be binding on the courts.
2021/07/09
Committee: IMCO
Amendment 1045 #

2020/0374(COD)

Proposal for a regulation
Article 18 – paragraph -1 (new)
-1. Each year, the European High- Level Group of Digital Regulators shall draw up the schedule of priority issues of great concern for investigations on the basis of complaints and available information on the development of European digital businesses.
2021/07/09
Committee: IMCO
Amendment 1047 #

2020/0374(COD)

Proposal for a regulation
Article 18 – paragraph 1
Where the Commission, the European High-Level Group of Digital Regulators or a Member State intends to carry out proceedings in view of the possible adoption of decisions pursuant to Articles 7, 25 and 26, it shall adopt a decision opening a proceeding shall be published.
2021/07/09
Committee: IMCO
Amendment 1049 #

2020/0374(COD)

Proposal for a regulation
Article 18 a (new)
Article 18a The Commission shall set up a mechanism allowing whistleblowers or any stakeholder to provide information on the conduct of undertakings and associations of undertakings that may be relevant for the purposes of monitoring, implementing and enforcing the rules laid down in this Regulation. The Commission and national authorities shall safeguard the anonymity of whistleblowers, assess the information provided and, where appropriate, take account of it in their deliberations.
2021/07/09
Committee: IMCO
Amendment 1055 #

2020/0374(COD)

Proposal for a regulation
Article 19 – paragraph 6
6. At the request of the Commission, the governments and authorities of the Member States shall provide the Commission with all necessary information to carry out the duties assigned to it by this Regulation. Competent national authorities or any stakeholder may also on their own initiative provide the Commission or the European High-Level Group of Digital Regulators with information to be taken into account in their deliberations.
2021/07/09
Committee: IMCO
Amendment 1061 #

2020/0374(COD)

Proposal for a regulation
Article 21 – paragraph 1 a (new)
1a. Inspectors authorised by the Commission or the High-Level Group may conduct inspections in a third country if data relevant for the purpose of the inspection, including data relating to European citizens or businesses, are stored, transmitted, processed or analysed in that third country.
2021/07/09
Committee: IMCO
Amendment 1062 #

2020/0374(COD)

Proposal for a regulation
Article 21 – paragraph 1 b (new)
1b. If an inspection cannot be conducted in a third country, the gatekeeper's European data shall be repatriated to the European Union within 12 months.
2021/07/09
Committee: IMCO
Amendment 1077 #

2020/0374(COD)

Proposal for a regulation
Article 24 – paragraph 1
1. The Commission may take the necessary actions, in close cooperation with the competent national authorities, to monitor the effective implementation and compliance with the obligations laid down in Articles 5 and 6 and the decisions taken pursuant to Articles 7, 16, 22 and 23.
2021/07/09
Committee: IMCO
Amendment 1092 #

2020/0374(COD)

Proposal for a regulation
Article 25 – paragraph 3 a (new)
3a. An independent appeals board shall be set up so that administrative decisions can be challenged, with rulings on appeals to be issued within two months.
2021/07/09
Committee: IMCO
Amendment 1100 #

2020/0374(COD)

Proposal for a regulation
Article 26 – paragraph 1 – introductory part
1. In the decision pursuant to Article 25, the Commission may impose on a gatekeeper fines not exceeding 120% of its total turnover in the preceding financial year where it finds that the gatekeeper, intentionally or negligently, fails to comply with:
2021/07/09
Committee: IMCO
Amendment 1102 #

2020/0374(COD)

Proposal for a regulation
Article 26 – paragraph 2 – introductory part
2. The Commission may by decision impose on undertakings and associations of undertakings fines not exceeding 15% of the total turnover in the preceding financial year where they intentionally or negligently:
2021/07/09
Committee: IMCO
Amendment 1108 #

2020/0374(COD)

Proposal for a regulation
Article 26 – paragraph 4 – subparagraph 4 a (new)
Access to the service concerned shall ultimately be suspended on European Union territory in the event of failure to pay.
2021/07/09
Committee: IMCO
Amendment 1109 #

2020/0374(COD)

Proposal for a regulation
Article 27 – title
Periodic penalty payments
2021/07/09
Committee: IMCO
Amendment 1111 #

2020/0374(COD)

Proposal for a regulation
Article 27 a (new)
Article 27a Systematic non-compliance In the event of systematic non- compliance, the Commission may impose structural measures against a gatekeeper on a proposal from the High-Level Group.
2021/07/09
Committee: IMCO
Amendment 1112 #

2020/0374(COD)

Proposal for a regulation
Article 27 b (new)
Article 27b Structural measures Where the Europe-based workforce accounts for less than 30% of the European share of worldwide turnover, the Commission, in cooperation with the Member States and after hearing the gatekeeper, shall impose the necessary behavioural, functional or structural measures to remedy the situation within two years.
2021/07/09
Committee: IMCO
Amendment 1113 #

2020/0374(COD)

Proposal for a regulation
Article 27 c (new)
Article 27c In the event of systematic and intentional non-compliance or gross negligence, personal sanctions may be imposed on directors or managers, including a ban on entering the territory of a Member State.
2021/07/09
Committee: IMCO
Amendment 1114 #

2020/0374(COD)

Proposal for a regulation
Article 27 d (new)
Article 27d In the event of systematic and intentional non-compliance or gross negligence, a fine of up to 15% of their previous year's income may be imposed on directors or managers responsible for the failing or failings concerned.
2021/07/09
Committee: IMCO
Amendment 1122 #

2020/0374(COD)

Proposal for a regulation
Article 30 – paragraph 1 – introductory part
1. Before adopting a decision pursuant to Article 7, Article 8(1), Article 9(1), Articles 15, 16, 22, 23, 25 and 26 and Article 27(2), the Commission shall give the gatekeeper or undertaking or association of undertakings concerned, and third parties affected, the opportunity of being heard on:
2021/07/09
Committee: IMCO
Amendment 1139 #

2020/0374(COD)

Proposal for a regulation
Article 31 a (new)
Article 31a European High-Level Group of Digital Regulators 1. The Commission and Member States shall establish a European High-Level Group of Digital Regulators in the form of an Expert Group consisting of the representatives of competent authorities of all the Member States, the Commission, relevant Union bodies and other representatives of competent authorities in specific sectors, including data protection and electronic communications. 2. The group shall be composed of the heads of the relevant competent authorities and shall be assisted by a secretariat provided by the Commission. 3. The work of the High-Level Group may be organised in working groups and supported by digital market technology experts. 4. Rapporteurs shall be chosen from among the experts appointed by the Member States opting to take part. 5. The group shall be chaired by a representative of a Member State for a period of three years.
2021/07/09
Committee: IMCO
Amendment 1142 #

2020/0374(COD)

Proposal for a regulation
Article 31 b (new)
Article 31b Tasks of the European High-Level Group of Digital Regulators 1. The group’s tasks shall be: (a) to set the investigation priorities each year and to provide direct guidance for the Commission in applying this Regulation; (b) appoint rapporteurs to lead each investigation and be in charge of reports; (c) to facilitate cooperation and coordination between the Commission and Member States on their monitoring, investigation and enforcement actions by promoting the exchange of information and best practices about their work and decision-making principles and practices with the aim of developing a consistent regulatory approach and avoiding conflicting decisions; (d) to guide the Commission by means of advice, opinions, analysis and expertise in monitoring compliance with this Regulation; (e) to make recommendations to the Commission on the need to conduct market investigations under Articles 14, 15, 16 and 17; (f) to make recommendations to the Commission on the need to update the obligations of the Regulation under Articles 5 and 6; (g) to provide advice and expertise for the Commission in connection with the preparation of legislative proposals and policy initiatives, including under Article 38; (h) to provide advice and expertise for the Commission in connection with the preparation of delegated acts; (i) where necessary, to provide advice and expertise in connection with the early preparation of implementing acts before submission to the committee in accordance with Regulation (EU) No 182/2011; (j) to keep a publicly accessible electronic register of gatekeeper designation decisions adopted by the Commission under Article 3, and; (k) at the request of the Commission, to provide technical advice and expertise before the adoption of a specification decision under Article 7; (l) assess whether gatekeepers have complied with their undertakings and provide correct information in connection with their main acquisitions over the previous three years. 2. The High-Level Group of Digital Regulators shall report each year to the European Parliament on improvement of the contestability of the European digital market and the activities of digital players based in Europe. It shall make recommendations for creating jobs in Europe in digital markets.
2021/07/09
Committee: IMCO
Amendment 1147 #

2020/0374(COD)

Proposal for a regulation
Article 32 – paragraph 1
1. The Commission shallmay be assisted by the Digital Markets Advisory Committee. That Committee shall be a Committee within the meaning of Regulation (EU) No 182/2011.
2021/07/09
Committee: IMCO
Amendment 1158 #

2020/0374(COD)

Proposal for a regulation
Article 33 – paragraph 1
1. When threre one or more Member States or the European High-Level Group of Digital Regulators request the Commission to open an investigation pursuant to Article 15 because they consider that there are reasonable grounds to suspect that a provider of core platform services should be designated as a gatekeeper, the Commission shall within four months examine, 16, 17 or 25, the Commission shall open a preliminary investigation and examine within three months, in close cooperation with the European High-Level Group of Digital Regulators and the Member State or States concerned, whether there are reasonable grounds to open such anan in- depth investigation.
2021/07/09
Committee: IMCO
Amendment 1169 #

2020/0374(COD)

Proposal for a regulation
Article 33 – paragraph 2
2. Member States shall submit evidence in support of their requestFor businesses, SMEs and consumers, Member States shall designate an ambassador who can relay their complaints to gatekeepers and bring about rapid resolution of disagreements or refer them to the High-Level Group and the Commission, in the case of irregular practices, for more in-depth investigation and possible damages equivalent to three times the loss concerned.
2021/07/09
Committee: IMCO
Amendment 1188 #

2020/0374(COD)

Proposal for a regulation
Article 38 – paragraph 1
1. By DD/MM/YYYY, 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.
2021/07/09
Committee: IMCO
Amendment 1190 #

2020/0374(COD)

Proposal for a regulation
Article 38 – paragraph 2
2. The evaluations shall establish whether additional rules, including regarding the list of core platform services laid down in point 2 of Article 2, the obligations laid down in Articles 5 and 6 and their enforcement, may be required to ensure that digital markets across the Union are contestable and fair and to what extent this Regulation is helping to develop the European digital market. Following the evaluations, the Commission shall take appropriate measures, which may include legislative proposals.
2021/07/09
Committee: IMCO
Amendment 189 #

2020/0361(COD)

Proposal for a regulation
Recital 3
(3) Responsible and diligent behaviour by providers of intermediary services is essential for a safe, accessible, predictable and trusted online environment and for allowing Union citizens and other persons to exercise their fundamental rights guaranteed in the Charter of Fundamental Rights of the European Union (‘Charter’), in particular the freedom of expression and information and the freedom to conduct a business, and the right to non- discrimination.
2021/07/08
Committee: IMCO
Amendment 191 #

2020/0361(COD)

Proposal for a regulation
Recital 4
(4) Therefore, in order to safeguard and improve the functioning of the internal market, a targeted set of uniform, effective and proportionate mandatory rules should be established at Union level. This Regulation provides the conditions for innovative digital services to emerge and to scale up in the internal market. The approximation of national regulatory measures at Union level concerning the requirements for providers of intermediary services is necessary in order to avoid and put an end to fragmentation of the internal market and to ensure legal certainty, thus reducing uncertainty for developers and fostering interoperability. By using requirements that are technology neutral, innovation should not be hampered but instead be stimulated.
2021/07/08
Committee: IMCO
Amendment 196 #

2020/0361(COD)

Proposal for a regulation
Recital 5
(5) This Regulation should apply to providers of certain information society services as defined in Directive (EU) 2015/1535 of the European Parliament and of the Council26 , that is, any service normalfrequently provided for remuneration, at a distance, by electronic means and at the individual request of a recipient. Specifically, this Regulation should apply to providers of intermediary services, and in particular intermediary services consisting of services known as ‘mere conduit’, ‘caching’ and ‘hosting’ services, given that the exponential growth of the use made of those services, mainly for legitimate and socially beneficial purposes of all kinds, has also increased their role in the intermediation and spread of unlawful or otherwise harmful information and activitiesillegal content. __________________ 26Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (OJ L 241, 17.9.2015, p. 1).
2021/07/08
Committee: IMCO
Amendment 210 #

2020/0361(COD)

Proposal for a regulation
Recital 8
(8) Such a substantial connection to the Union should be considered to exist where the service provider has an establishment in the Union or, in its absence, on the basis of the existence of a significant number of users in one or more Member States, or the targeting of activities towards one or more Member States. The targeting of activities towards one or more Member States can be determined on the basis of all relevant circumstances, including factors such as the use of a language or a currency generally used in that Member State, or the possibility of ordering products or services, or using a national top level domain. The targeting of activities towards a Member State could also be derived from the availability of an application in the relevant national application store, from the provision of local advertising or advertising in the language used in that Member State, or from the handling of customer relations such as by providing customer service in the language generally used in that Member State. A substantial connection should also be assumed where a service provider directs its activities to one or more Member State as set out in Article 17(1)(c) of Regulation (EU) 1215/2012 of the European Parliament and of the Council27 . On the other hand, mere technical accessibility of a website from the Union cannot, on that ground alone, be considered as establishing a substantial connection to the Union. __________________ 27 Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L351, 20.12.2012, p.1).
2021/07/08
Committee: IMCO
Amendment 280 #

2020/0361(COD)

Proposal for a regulation
Recital 22
(22) In order to benefit from the exemption from liability for hosting services, the provider should, upon obtaining actual knowledge or awareness of illegal content, act expeditiously to remove or to disable access to that content act to remove or to disable access to the illegal content when such content is deemed to be illegal according to Union or Member State law. The removal or disabling of access should be undertaken in the observance of the principle of freedom of expression. The provider can obtain such actual knowledge or awareness throughf the illegal content, in particular, its own- initiative investigations or notices submitted to it by individuals or entities in accordance with this Regulation in so far as those notices are sufficiently precise and adequately substantiated to allow a diligentn economic operator to reasonably identify, assess and where appropriate act against the allegedly illegal content.
2021/07/08
Committee: IMCO
Amendment 286 #

2020/0361(COD)

Proposal for a regulation
Recital 23
(23) In order to ensure the effective protection of consumers when engaging in intermediated commercial transactions online, certain providers of hosting services, namely, online platforms that allow consumers to conclude distance contracts with traders, should not be able to benefit from the exemption from liability for hosting service providers established in this Regulation, in so far as those online platforms present the relevant information relating to the transactions at issue in such a way that it leads consumers to believe that the information was provided by those online platforms themselves or by recipients of the service acting under their authority or control, and that those online platforms thus have knowledge of or control over the information, even if that may in reality not be the case. In that regard, is should be determined objectively, on the basis of all relevant circumstances, whether the presentation could lead to such a belief on the side of an average and reasonably well-informed consumer.
2021/07/08
Committee: IMCO
Amendment 290 #

2020/0361(COD)

Proposal for a regulation
Recital 23 a (new)
(23a) European consumers should be able to safely purchase products and services online, regardless of whether a product or service has been produced in the Union or not. Online platforms allowing distance contracts with third- country traders should establish, before approving that trader on their platform, that the third-country trader complies with the relevant Union or national law on product safety and product compliance. In addition, if the third- country trader does not provide an economic operator inside the Union liable for the product safety, online platforms should not be able to benefit from the exemption from liability for hosting service providers established in this Regulation.
2021/07/08
Committee: IMCO
Amendment 357 #

2020/0361(COD)

Proposal for a regulation
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. In contrast to the legal representative, the point of contact should serve operational purposes and should not necessarily have to have a physical location .
2021/07/08
Committee: IMCO
Amendment 364 #

2020/0361(COD)

Proposal for a regulation
Recital 38
(38) Whilst the freedom of contract of providers of intermediary services should in principle be respected, it is appropriate to set certain rules on the content, application and enforcement of the terms and conditions of those providers in the interests of transparency, the protection of recipients of the service and the avoidance of unfair or arbitrary outcomes. To this end, the use of algorithmic decision- making processes should be disclosed to users whenever they are employed.
2021/07/08
Committee: IMCO
Amendment 407 #

2020/0361(COD)

Proposal for a regulation
Recital 46
(46) Action against illegal content can be taken more quickly and reliably where online platforms take the necessary measures to ensure that notices submitted by trusted flaggers through the notice and action mechanisms required by this Regulation are treated with priority, without prejudice to the requirement to process and decide upon all notices submitted under those mechanisms in a timely, diligent and objective manner. Such trusted flagger status should only be awarded to entities, and not individuals, that have demonstrated, among other things, that they have particular expertise and competence in tackling illegal content, that they represent collective interests and that they work in a diligent and objective manner. Such entities can be public in nature, such as, for terrorist content, internet referral units of national law enforcement authorities or of the European Union Agency for Law Enforcement Cooperation (‘Europol’) or they can be non-governmental organisations and semi-public bodies, such as the organisations part of the INHOPE network of hotlines for reporting child sexual abuse material and organisations committed to notifying illegal racist and xenophobic expressions online. For intellectual property rights, organisations of industry and of right- holders could be awarded trusted flagger status, where they have demonstrated that they meet the applicable conditions. The rules of this Regulation on trusted flaggers should not be understood to prevent online platforms from giving similar treatment to notices submitted by entities or individuals that have not been awarded trusted flagger status under this Regulation, from otherwise cooperating with other entities, in accordance with the applicable law, including this Regulation and Regulation (EU) 2016/794 of the European Parliament and of the Council.43 __________________ 43 Regulation(EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA, OJ L 135, 24.5.2016, p. 53deleted
2021/07/08
Committee: IMCO
Amendment 420 #

2020/0361(COD)

Proposal for a regulation
Recital 47
(47) The misuse of services of online platforms by frequently providing manifestly illegal content or by frequently submitting manifestly unfounded notices or complaints under the mechanisms and systems, respectively, established under this Regulation undermines trust and harms the rights and legitimate interests of the parties concerned. Therefore, there is a need to put in place appropriate and proportionate safeguards against such misuse. Information should be considered to be manifestly illegal content and notices or complaints should be considered manifestly unfounded where it is evident to a layperson, without any substantive analysis, that the content is illegal respectively that the notices or complaints are unfounded. Under certain conditions, online platforms should temporarily suspend their relevant activities in respect of the person engaged in abusive behaviour. This is without prejudice to the freedom by online platforms to determine their terms and conditions and establish stricter measures in the case of manifestly illegal content related to serious crimes. 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.
2021/07/08
Committee: IMCO
Amendment 432 #

2020/0361(COD)

Proposal for a regulation
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, 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 delaypromptly inform 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).
2021/07/08
Committee: IMCO
Amendment 442 #

2020/0361(COD)

Proposal for a regulation
Recital 50
(50) To ensure an efficient and adequate application of that obligation, without imposing any disproportionate burdens, the online platforms covered should make reasonable efforts to verify the reliability of the information provided by the traders concerned, in particular by using freely available official online databases and online interfaces, such as national trade registers and the VAT Information Exchange System45 , 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 oOnline pPlatforms covered should not be required to engage in excessive or costly online fact-finding exercises or to carry out verifications on the spot. Nor should such online platforms, which have made the reasonable efforts required by this Regulation, be understood as guamay also ask for support from the Digital Services Coordinator in carrying out these specific obligations. If the trader is established outside the Union and does not cooperate or does not provide sufficient information for the verification of its compliance with the relevant Union or Member State law, this trader should not be admitted to operate and sell its products on the platform. If the trader is already on the platform and should not meet the above criteria, the platform should suspend that trader's account. The trader should be granteeingd the reliapossibility of the information towards consumer or other interested parties. Such oredress in the event of suspension of the business account. Online platforms should also design and organise their online interface in a way that enables traders to comply with their obligations under Union law, in particular the requirements set out in Articles 6 and 8 of Directive 2011/83/EU of the European Parliament and of the Council46 , Article 7 of Directive 2005/29/EC of the European Parliament and of the Council47 and Article 3 of Directive 98/6/EC of the European Parliament and of the Council48 . __________________ 45 https://ec.europa.eu/taxation_customs/vies/ vieshome.do?selectedLanguage=en 46Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council 47Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to- consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) 48Directive 98/6/EC of the European Parliament and of the Council of 16 February 1998 on consumer protection in the indication of the prices of products offered to consumers
2021/07/08
Committee: IMCO
Amendment 485 #

2020/0361(COD)

Proposal for a regulation
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 conditions. 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.
2021/07/08
Committee: IMCO
Amendment 515 #

2020/0361(COD)

Proposal for a regulation
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. 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.
2021/07/08
Committee: IMCO
Amendment 521 #

2020/0361(COD)

Proposal for a regulation
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, for example sharing of images depicting child sexual abuse or terrorist content, should be explored via self- and co-regulatory agreements. Another area for consideration is the possible negative impacts of systemic risks on society and democracy, such as disinformation or manipulative and abusive activities. This includes coordinated operations aimed at amplifying information, including disinformation, such as the use of bots or fake accounts for the creation of 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.
2021/07/08
Committee: IMCO
Amendment 526 #

2020/0361(COD)

Proposal for a regulation
Recital 69
(69) The rules on codes of conduct under this Regulation could serve as a basis for already established self-regulatory efforts at Union level, including the Product Safety Pledge, the Memorandum of Understanding against counterfeit goods, the Code of Conduct against illegal hate speech as well as the Code of practice on disinformation. In particular for the latter, the Commission will issue guidance for strengthening the Code of practice on disinformation as announced in the European Democracy Action Plan.
2021/07/08
Committee: IMCO
Amendment 568 #

2020/0361(COD)

Proposal for a regulation
Recital 91
(91) The Board should bring together the representatives of the Digital Services Coordinators and possible other competent authorities under the chairmanship of the Commission, with a view to ensuring an careful assessment of matters submitted to it in a fully European dimension. In view of possible cross-cutting elements that may be of relevance for other regulatory frameworks at Union level, the Board should be allowed to cooperate with other Union bodies, offices, agencies and advisory groups with responsibilities in fields such as equality, including equality between women and men, and non- discrimination, data protection, electronic communications, audiovisual services, detection and investigation of frauds against the EU budget as regards custom duties, or consumer protection, as necessary for the performance of its tasks.
2021/07/08
Committee: IMCO
Amendment 583 #

2020/0361(COD)

Proposal for a regulation
Recital 98
(98) In view of both the particular challenges that may arise in seeking to ensure compliance by very large online platforms and the importance of doing so effectively, considering their size and impact and the harms that they may cause, the Commission should have strong investigative and enforcement powers to allow it to investigate, enforce and monitor certain of the rules laid down in this Regulation, in full respect of the principle of proportionality and the rights and interests of the affected parties.
2021/07/08
Committee: IMCO
Amendment 584 #

2020/0361(COD)

Proposal for a regulation
Recital 99
(99) In particular, the Commission should have access to any relevant documents, data and information necessaryThe Commission, to open and conduct investigations and to monitor the compliance with the relevant obligations laid down in this Rregulation, irrespective of who possesses the documents, data or information in question, and regardless of their form or format, their storage medium, or the precise place where they are stored. The Commission should be able to directly require that the very large online platform concerned or relevant third parties, or than individuals, provide any relevant evidence, data and information. In addition, the Commission should be able to request any relevant information from any public authority, body or agency within the Member State, or from any natural person or legal person for the purpose of this Regulation. The Commission should be empowered to require access to, and explanations relating to, data-bases and algorithms of relevant persons, and to interview, with their consent, any persons who may be in possession of useful information and to record the statements made. The Commission should also be empowered to undertake such inspections as are necessary to enforce the relevant provisions of this Regulation. Those investigatory powers aim to complement the Commission’s possibility to ask Digital Services Coordinators and other Member States’ authorities for assistance, for instance by providing information or in the exercise of those powers
2021/07/08
Committee: IMCO
Amendment 611 #

2020/0361(COD)

Proposal for a regulation
Article 1 – paragraph 2 – point b
(b) set out uniform rules for a safe, accessible, predictable and trusted online environment, where fundamental rights enshrined in the Charter are effectively protected.
2021/07/08
Committee: IMCO
Amendment 629 #

2020/0361(COD)

Proposal for a regulation
Article 1 – paragraph 5 – point b a (new)
(ba) Directive (EU) 2019/882
2021/07/08
Committee: IMCO
Amendment 655 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point d – introductory part
(d) ‘to offer services in the Union’ means enabling legal or natural persons in one or more Member States to use the services of the provider of information society services which has a substantial connection to the Union; such a substantial connection is deemed to exist where the provider has an establishment in the Union; in the absence of such an establishment, the assessment of a substantial connection is based on specific factual criteria, such as:
2021/07/08
Committee: IMCO
Amendment 658 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point d – indent 1
— a significant number of users in one or more Member States; ordeleted
2021/07/08
Committee: IMCO
Amendment 685 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point g
(g) ‘illegal content’ means any information,, which, in itself or by its reference to an or activity, including the sale of products or provision of services which is not in compliance with Union law or the law of a Member State, irrespective of the precise subject matter or nature of that law;criminal, administrative or civil legal framework of a Member State.
2021/07/08
Committee: IMCO
Amendment 739 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point q a (new)
(qa) "persons with disabilities" means person within the meaning of Article 3(1) of Directive(EU) 2019/882;
2021/07/08
Committee: IMCO
Amendment 759 #

2020/0361(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point b
(b) upon obtaining such knowledge or awareness, acts expeditiously, acts to remove or to disable access to the illegal content if the content or activity is to be deemed illegal under Article 2 (g).
2021/07/08
Committee: IMCO
Amendment 767 #

2020/0361(COD)

Proposal for a regulation
Article 5 – paragraph 3
3. Paragraph 1 shall not apply with respect to liability under consumer protection law of online platforms allowing consumers to conclude distance contracts with traders, where such an online platform presents the specific item of information or otherwise enables the specific transaction at issue in a way that would lead an average and reasonably well-informed consumer to believe that the information, or the product or service that is the object of the transaction, is provided either by the online platform itself or by a recipient of the service who is acting under its authority or control. In addition, the liability exemption in paragraph 1 shall not apply in case an online platform allows consumers to conclude distance contracts with third-country traders when there is no economic operator inside the Union liable for the product safety on behalf of that trader.
2021/07/08
Committee: IMCO
Amendment 904 #

2020/0361(COD)

Proposal for a regulation
Article 10 – paragraph 2
2. Providers of intermediary services shall make public, in a clear and user- friendly manner, the information necessary to easily identify and communicate with their single points of contact.
2021/07/08
Committee: IMCO
Amendment 923 #

2020/0361(COD)

Proposal for a regulation
Article 12 – paragraph 1
1. Providers of intermediary services shall include information on any restrictions that they impose in relation to the use of their service in respect of information provided by the recipients of the service, in their terms and conditions. That information shall include information on any policies, procedures, measures and tools used for the purpose of content moderation, including 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 formatThe use of algorithmic decision-making processes shall be notified to users whenever they are applied. The users shall be able, where appropriate, to switch easily from interaction with the algorithmic system to human interaction. The information shall be set out in clear and unambiguous language and shall be publicly available in an easily accessible format. Providers of intermediary services shall list the restrictions in relation to the use of their service for the dissemination of content deemed illegal under Union or Member State law in a clear and user- friendly manner, and differentiate the list from the general conditions for the use of their service so as to make the user aware of what is deemed illegal under the law and what is subject to the terms and conditions for the use of the service.
2021/07/08
Committee: IMCO
Amendment 991 #

2020/0361(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point d
(d) the number of complaints received through the internal complaint-handling system referred to in Article 17, the basis for those complaints, decisions taken in respect of those complaints, measures and tools used for the purpose of content moderation, including the impact of algorithmic decision-making compared to human review, the average time needed for taking those decisions and the number of instances where those decisions were reversed.
2021/07/08
Committee: IMCO
Amendment 1032 #

2020/0361(COD)

Proposal for a regulation
Article 14 – paragraph 2 – introductory part
2. The mechanisms referred to in paragraph 1 shall be such as to facilitate the submission of sufficiently precise and adequately substantiated notices, on the basis of which a diligentn economic operator can identify the illegality of the content in quesestablish, in a diligent manner and without discrimination, whether the notice concerns illegal content as defined in Article 2(g) of these Regulations. To that end, the providers shall take the necessary measures to enable and facilitate the submission of notices containing all of the following elements:
2021/07/08
Committee: IMCO
Amendment 1037 #

2020/0361(COD)

Proposal for a regulation
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. The possibility of identifying, on the basis of a list drawn up in agreement with the Digital Service Coordinator, the type of illegal content to which the individual or entity presumes the reported content below, to should also be foreseen;
2021/07/08
Committee: IMCO
Amendment 1053 #

2020/0361(COD)

Proposal for a regulation
Article 14 – paragraph 3
3. Notices that include the elements referred to in paragraph 2 shall be considered to give rise to actual knowledge or awareness for the purposes of Article 5 in respect of the specific item of information concerned.deleted
2021/07/08
Committee: IMCO
Amendment 1106 #

2020/0361(COD)

Proposal for a regulation
Article 15 – paragraph 2 – point a
(a) whether the decision entails either the removal of, or the disabling of access to, the information and, where relevant, the territorial scope of the disabling of access and the duration;
2021/07/08
Committee: IMCO
Amendment 1110 #

2020/0361(COD)

Proposal for a regulation
Article 15 – paragraph 2 – point c
(c) where applicable, information on the use made of automated means in taking the decision, including where the decision was taken in respect of content detected or identified using automated means;
2021/07/08
Committee: IMCO
Amendment 1148 #

2020/0361(COD)

Proposal for a regulation
Article 17 – paragraph 1 – introductory part
1. Online platforms shall provide recipients of the service, for a period of at least six months following the decision referred to in this paragraph, the access to an effective and user-friendly internal complaint-handling system, which enables the complaints to be lodged electronically and free of charge, against the following decisions taken by the online platform on the ground that the information provided by the recipients is illegal content or incompatible with its terms and conditions:
2021/07/08
Committee: IMCO
Amendment 1176 #

2020/0361(COD)

Proposal for a regulation
Article 17 – paragraph 2
2. Online platforms shall ensure that their internal complaint-handling systems are easy to access, user-friendly and enable and facilitate the submission of sufficiently precise and adequately substantiated complaints. The complainant shall be able to enter free written explanations in addition to the pre-established complaint options.
2021/07/08
Committee: IMCO
Amendment 1185 #

2020/0361(COD)

Proposal for a regulation
Article 17 – paragraph 3
3. Online platforms shall handle complaints submitted through their internal complaint-handling system in a timely, diligent and objectiveobjective and transparent manner. Where a complaint contains sufficient grounds for the online platform to consider that the information to which the complaint relates is not illegal and is not incompatible with its terms and conditions, or contains information indicating that the complainant’s conduct does not warrant the suspension or termination of the service or the account, it shall reverse its decision referred to in paragraph 1 without undue delay.
2021/07/08
Committee: IMCO
Amendment 1187 #

2020/0361(COD)

Proposal for a regulation
Article 17 – paragraph 4
4. Online platforms shall promptly inform complainants without undue delay of the decision they have taken in respect of the information to which the complaint relates and shall inform complainants of the possibility of out-of-court dispute settlement provided for in Article 18 and other available redress possibilities.
2021/07/08
Committee: IMCO
Amendment 1224 #

2020/0361(COD)

Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point c
(c) the dispute settlement is easily accessible, including for persons with disabilities, through electronic communication technology;
2021/07/08
Committee: IMCO
Amendment 1229 #

2020/0361(COD)

Proposal for a regulation
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 and at least in the language of the recipient to whom the decision referred to in Article 17 is addressed;
2021/07/08
Committee: IMCO
Amendment 1238 #

2020/0361(COD)

Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point e
(e) the dispute settlement takes place in accordance with clear and fairtransparent rules of procedure.
2021/07/08
Committee: IMCO
Amendment 1258 #
2021/07/08
Committee: IMCO
Amendment 1319 #

2020/0361(COD)

Proposal for a regulation
Article 20 – paragraph 1
1. Online platforms shall suspend, for a reasonablespecified period of time and after having issued a prior warning, the provision of their services to recipients of the service that frequently provide manifestly illegal content that has been duly declared illegal as defined in Article 2(g). The online platform may request support from the Digital Service Coordinator to establish the frequency for which account suspension is deemed necessary and to set the duration of the suspension.
2021/07/08
Committee: IMCO
Amendment 1331 #

2020/0361(COD)

Proposal for a regulation
Article 20 – paragraph 2
2. Online platforms shall suspend, for a reasonablespecified period of time and after having issued at least three prior warnings, the processing of notices and complaints submitted through the notice and action mechanisms and internal complaints- handling systems referred to in Articles 14 and 17, respectively, by individuals or entities or by complainants that frequently submit notices or complaints that are manifestly unfounded.
2021/07/08
Committee: IMCO
Amendment 1335 #

2020/0361(COD)

Proposal for a regulation
Article 20 – paragraph 3 – point a
(a) the absolute numbers of items of manifestly illegal content or manifestly unfounded notices or complaints, submitted in the past year;
2021/07/08
Committee: IMCO
Amendment 1341 #

2020/0361(COD)

Proposal for a regulation
Article 20 – paragraph 3 – subparagraph 1 a (new)
The assessment must be carried out by qualified staff provided with dedicated training on the applicable legal framework.
2021/07/08
Committee: IMCO
Amendment 1359 #

2020/0361(COD)

Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1
Where the online platform cannot identify with reasonable certainty the Member State concerned, it shall inform without undue delay the law enforcement authorities of the Member State in which it is established or has its legal representative or inform Europol.
2021/07/08
Committee: IMCO
Amendment 1374 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 1 – introductory part
1. Where an online platform allows consumers to conclude distance contracts with traders, it shall ensure that traders can only use its services to promote messages on or to offer products or services to consumers located in the Union if, prior to the use of its services, the online platform has obtained the following information:
2021/07/08
Committee: IMCO
Amendment 1384 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 1 – point c
(c) the bank account details of the trader, where the trader is a natural person;
2021/07/08
Committee: IMCO
Amendment 1394 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 1 – point f
(f) a self-certification by the trader committing to only offerthat products or services thatprovided comply with the applicable rules of Union lawrelevant Union or national law on product safety and product compliance.
2021/07/08
Committee: IMCO
Amendment 1401 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 2
2. The online platform shall, upon receiving that information, make reasonable efforts to assessassess, with the support of the Digital Service Coordinator if needed, whether the information referred to in points (a), (d) and (e) of paragraph 1 is reliable through the use of any freely accessible official online database or online interface made available by a Member States or the Union or through requests to the trader to provide supporting documents from reliable sourcesand official sources. Online platforms allowing distance contracts with third-country traders shall establish that the third-country trader complies with the relevant Union or national law on product safety and product compliance before giving them access its services offered in the Union and, where appropriate, with the support of the Digital service Coordinator. The Digital Service Coordinator may request support from market surveillance or customs authorities to assess the information provided by the trader.
2021/07/08
Committee: IMCO
Amendment 1430 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 4
4. The online platform shall store the information obtained pursuant to paragraph 1 and 2 in a secure manner for the duration of their contractual relationship with the trader concerned. They shall subsequently, asking the trader to notify any changes and confirm the information held by the online platform once a year. After the contractual relationship has ended, the online platform shall delete the information.
2021/07/08
Committee: IMCO
Amendment 1469 #

2020/0361(COD)

Proposal for a regulation
Article 23 – paragraph 1 – point b
(b) the number of suspensions imposed pursuant to Article 20, distinguishing between suspensions enacted for the provision of manifestly illegal content, the submission of manifestly unfounded notices and the submission of manifestly unfounded complaints;
2021/07/08
Committee: IMCO
Amendment 1474 #

2020/0361(COD)

Proposal for a regulation
Article 23 – paragraph 2
2. Online platforms shall publish, at least once every sixtwelve months, information on the average monthly active recipients of the service in each Member State, calculated as an average over the period of the past sixtwelve months, in accordance with the methodology laid down in the delegated acts adopted pursuant to Article 25(2).
2021/07/08
Committee: IMCO
Amendment 1499 #

2020/0361(COD)

Proposal for a regulation
Article 24 – paragraph 1 – subparagraph 1 a (new)
Special attention shall be given to recipients of the service who are minors. When advertising is addressed to minors, online platforms shall indicate in a clear, easy and unambiguous manner that such advertising targets this group of recipients.
2021/07/08
Committee: IMCO
Amendment 1592 #

2020/0361(COD)

Proposal for a regulation
Article 26 – paragraph 2
2. When conducting risk assessments, very large online platforms shall also take into account, in particular, how their content moderation systems, recommender systems and systems for selecting and displaying advertisement influence any of the systemic risks referred to in paragraph 1, including the potentially rapid and wide dissemination of illegal content and of information that is incompatible with their terms and conditions.
2021/07/08
Committee: IMCO
Amendment 1607 #

2020/0361(COD)

Proposal for a regulation
Article 27 – paragraph 1 – introductory part
1. Very large online platforms shall put in place reasonable, proportionate and effectivproportionate mitigation measures, tailored to the specific systemic risks identified pursuant to Article 26. Such measures may include, where applicable:
2021/07/08
Committee: IMCO
Amendment 1611 #

2020/0361(COD)

Proposal for a regulation
Article 27 – paragraph 1 – point a
(a) adaptchecking content moderation or recommender systems, their decision- making processes, the features or functioning of their services, or their terms and conditions;
2021/07/08
Committee: IMCO
Amendment 1617 #

2020/0361(COD)

Proposal for a regulation
Article 27 – paragraph 1 – point d
(d) initiating or adjusting cooperation with trusted flaggers in accordance with Article 19;deleted
2021/07/08
Committee: IMCO
Amendment 1633 #

2020/0361(COD)

Proposal for a regulation
Article 27 – paragraph 2 – introductory part
2. The Board, in cooperation with the Commission, shall publish comprehensive reports, once a year, which shall include the following:
2021/07/08
Committee: IMCO
Amendment 1639 #

2020/0361(COD)

Proposal for a regulation
Article 27 – paragraph 2 – point b
(b) best practices for very large online platforms to mitigate the systemic risks identifideleted.
2021/07/08
Committee: IMCO
Amendment 1642 #

2020/0361(COD)

Proposal for a regulation
Article 27 – paragraph 3
3. The Commission, in cooperation with the Digital Services Coordinators, may 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.deleted
2021/07/08
Committee: IMCO
Amendment 1668 #

2020/0361(COD)

Proposal for a regulation
Article 28 – paragraph 2 – point b
(b) have proven expertise in the area of risk management, technical competence and capabilities certified by qualified and accredited certification body;
2021/07/08
Committee: IMCO
Amendment 1680 #

2020/0361(COD)

Proposal for a regulation
Article 28 – paragraph 4
4. Very large online platforms receiving an audit report that is not positive shall take due account of any operational recommendations addressed to them with a view to take the necessary measures to implement them. They shall, within one month from receiving those recommendations, adopt an audit implementation report setting out those measures. Where they do not implement the operational recommendations, they shall justify in the audit implementation report the reasons for not doing so and set out any alternative measures they may have taken to address any instances of non-compliance identified.
2021/07/08
Committee: IMCO
Amendment 1726 #

2020/0361(COD)

Proposal for a regulation
Article 30 – paragraph 2 – point d
(d) whether the advertisement was intended to be displayed specifically to one or more particular groups of recipients of the service and if so, the main parameters used for that purpose;deleted
2021/07/08
Committee: IMCO
Amendment 1818 #

2020/0361(COD)

Proposal for a regulation
Article 34 – paragraph 1 – point b
(b) electronic submission of notices by trusted flaggers under Article 19, including through application programming interfaces;deleted
2021/07/08
Committee: IMCO
Amendment 1852 #

2020/0361(COD)

Proposal for a regulation
Article 35 – paragraph 2
2. Where significant systemic risk within the meaning of Article 26(1) emerge and concern several very large online platforms, the Commission may inv, in agreement witeh the very largBoard, may invite online platforms concerned, other very large online platforms, other online platforms and other providers of intermediary services, as appropriate, as well as civil society organisations and other interested parties, to participate in the drawing up of codes of conduct, including by setting out commitments to take specific risk mitigation measures, as well as a regular reporting framework on any measures taken and their outcomes.
2021/07/08
Committee: IMCO
Amendment 1925 #

2020/0361(COD)

Proposal for a regulation
Article 39 – paragraph 3
3. Paragraph 2 is without prejudice to the tasks of Digital Services Coordinators within the system of supervision and enforcement provided for in this Regulation and the cooperation with other competent authorities in accordance with Article 38(2). Paragraph 2 shall not prevent supervision of the authorities concerned in accordance with national constitutional law.
2021/07/08
Committee: IMCO
Amendment 1934 #

2020/0361(COD)

Proposal for a regulation
Article 40 – paragraph 3
3. Where a provider of intermediary services fails to appoint a legal representative in accordance with Article 11, all Member States shall have jurisdiction for the purposes of Chapters III and IV. Where a Member State decides to exercise jurisdiction under this paragraph, it shall inform all other Member States andto ensure that the principle of ne bis in idem is respected.
2021/07/08
Committee: IMCO
Amendment 1950 #

2020/0361(COD)

Proposal for a regulation
Article 41 – paragraph 3 – subparagraph 1 – point a
(a) require the management body of the providers, within a reasonable time period, to examine the situation, adopt and submit an action plan setting out the necessary measures to terminate the infringement, ensure that the provider takes those measures, and report on the measures taken within a specific period;
2021/07/08
Committee: IMCO
Amendment 1952 #

2020/0361(COD)

Proposal for a regulation
Article 41 – paragraph 3 – subparagraph 1 – point b
(b) where the Digital Services Coordinator considers that the provider has not sufficiently complied with the requirements of the first indent, that the infringement persists and causes serious harm, and that the infringement entails a serious criminal offence involving a threat to the life or safety of persons, request the competent judicial authority of that Member State to order the temporary restriction of access of recipients of the service concerned by the infringement or, only where that is not technically feasible, to the online interface of the provider of intermediary services on which the infringement takes place.
2021/07/08
Committee: IMCO
Amendment 2051 #

2020/0361(COD)

Proposal for a regulation
Article 48 – paragraph 1
1. The Board shall be composed of the Digital Services Coordinators, who shall be represented by high-level officials. Where provided for by national law, other competent authorities entrusted with specific operational responsibilities for the application and enforcement of this Regulation alongside the Digital Services Coordinator shall participate in the Board. Other national authorities may be invited to the meetings, where the issues discussed are of relevance for them. The meeting is deemed valid when at least two third of the eligible members are present.
2021/07/08
Committee: IMCO
Amendment 2056 #

2020/0361(COD)

Proposal for a regulation
Article 48 – paragraph 2 – subparagraph 2
The Board shall adopt its acts by simple majority. In the event of a tied vote, the vote shall be considered void and a new vote shall be held by the Board.
2021/07/08
Committee: IMCO
Amendment 2103 #

2020/0361(COD)

Proposal for a regulation
Article 50 – paragraph 2
2. When communicating the decision referred to in the first subparagraph of paragraph 1 to the very large online platform concerned, the Digital Services Coordinator of establishment shall request it to draw up and communicate to the Digital Services Coordinator of establishment, the Commission and the Board, within one month from that decision, an action plan, specifying how that platform intends to terminate or remedy the infringement. The measures set out in the action plan may includerecommend, where appropriate, participation in a code of conduct as provided for in Article 35.
2021/07/08
Committee: IMCO
Amendment 2127 #

2020/0361(COD)

Proposal for a regulation
Article 51 – paragraph 2 – subparagraph 1
Where the Commission decides to initiate proceedings pursuant to paragraph 1, it shall notify all Digital Services Coordinators, the Board and the very large online platform concerned. If the Commission decides not to initiate proceedings pursuant to paragraph 1, it shall inform the Board in writing of its reasons.
2021/07/08
Committee: IMCO
Amendment 2155 #

2020/0361(COD)

Proposal for a regulation
Article 54
Power to conduct on-site inspections 1. In order to carry out the tasks assigned to it under this Section, the Commission may conduct on-site inspections at the premises of the very large online platform concerned or other person referred to in Article 52(1). 2. On-site inspections may also be carried out with the assistance of auditors or experts appointed by the Commission pursuant to Article 57(2). 3. During on-site inspections the Commission and auditors or experts appointed by it may require the very large online platform concerned or other person referred to in Article 52(1) to provide explanations on its organisation, functioning, IT system, algorithms, data- handling and business conducts. The Commission and auditors or experts appointed by it may address questions to key personnel of the very large online platform concerned or other person referred to in Article 52(1). 4. concerned or other person referred to in Article 52(1) is required to submit to an on-site inspection ordered by decision of the Commission. The decision shall specify the subject matter and purpose of the visit, set the date on which it is to begin and indicate the penalties provided for in Articles 59 and 60 and the right to have the decision reviewed by the Court of Justice of the European Union.Article 54 deleted The very large online platform
2021/07/08
Committee: IMCO
Amendment 2165 #

2020/0361(COD)

Proposal for a regulation
Article 55 – paragraph 1
1. In the context of proceedings which may lead to the adoption of a decision of non-compliance pursuant to Article 58(1), where there is an urgency due to the risk of serious damage for the recipients of the service, the Commission may, by decision, and after consulting the Board, order interim measures against the very large online platform concerned on the basis of a prima facie finding of an infringement.
2021/07/08
Committee: IMCO
Amendment 2171 #

2020/0361(COD)

Proposal for a regulation
Article 56 – paragraph 1
1. If, during proceedings under this Section, the very large online platform concerned offers commitments to ensure compliance with the relevant provisions of this Regulation, the Commission may, by decision and after consulting the Board, make those commitments binding on the very large online platform concerned and declare that there are no further grounds for action.
2021/07/08
Committee: IMCO
Amendment 2176 #

2020/0361(COD)

Proposal for a regulation
Article 56 – paragraph 3
3. Where the Commission considers that the commitments offered by the very large online platform concerned are unable to ensure effective compliance with the relevant provisions of this Regulation, it shall reject those commitments in a reasoned decision, in agreement with the Board, when concluding the proceedings.
2021/07/08
Committee: IMCO
Amendment 2187 #

2020/0361(COD)

Proposal for a regulation
Article 58 – paragraph 1 – introductory part
1. The Commission shall adopt a non- compliance decision, after consulting the Board, where it finds that the very large online platform concerned does not comply with one or more of the following:
2021/07/08
Committee: IMCO
Amendment 2203 #

2020/0361(COD)

Proposal for a regulation
Article 58 – paragraph 5
5. Where the Commission finds that the conditions of paragraph 1 are not met, it shall close the investigation by a decision approved by the Board.
2021/07/08
Committee: IMCO
Amendment 2218 #

2020/0361(COD)

Proposal for a regulation
Article 59 – paragraph 2 – point c
(c) refuse to submit to an on-site inspection pursuant to Article 54.deleted
2021/07/08
Committee: IMCO
Amendment 2219 #

2020/0361(COD)

Proposal for a regulation
Article 59 – paragraph 3
3. Before adopting the decision pursuant to paragraph 2, the Commission shall communicate its preliminary findings to the very large online platform concerned or other person referred to in Article 52(1) and to the Board.
2021/07/08
Committee: IMCO
Amendment 2228 #

2020/0361(COD)

Proposal for a regulation
Article 60 – paragraph 1 – point b
(b) submit to an on-site inspection which it has ordered by decision pursuant to Article 54;deleted
2021/07/08
Committee: IMCO
Amendment 2235 #

2020/0361(COD)

Proposal for a regulation
Article 61 – paragraph 3 – point b
(b) on-site inspection;deleted
2021/07/08
Committee: IMCO
Amendment 2265 #

2020/0361(COD)

Proposal for a regulation
Article 65 – paragraph 1 – subparagraph 2
Prior to making such request to the Digital Services Coordinator, the Commission shall invite interested parties to submit written observations within a time period that shall not be less than two weeks, describing14 days, the measures it intends to request and identifying the intended addressee or addressees thereof.
2021/07/08
Committee: IMCO
Amendment 104 #

2020/0359(COD)

Proposal for a directive
Recital 46
(46) To further address key supply chain risks and assist entities operating in sectors covered by this Directive to appropriately manage supply chain and supplier related cybersecurity risks, the Cooperation Group involving relevant national authorities, in cooperation with the Commission and, ENISA and the affected essential and important entities, should carry out coordinated sectoral supply chain risk assessments, as was already done for 5G networks following Recommendation (EU) 2019/534 on Cybersecurity of 5G networks21 , with the aim of identifying per sector which are the critical ICT services, systems or products, relevant threats and vulnerabilities. __________________ 21Commission Recommendation (EU) 2019/534 of 26 March 2019 Cybersecurity of 5G networks (OJ L 88, 29.3.2019, p. 42).
2021/06/03
Committee: IMCO
Amendment 105 #

2020/0359(COD)

Proposal for a directive
Recital 47
(47) The supply chain risk assessments, in light of the features of the sector concerned, should take into account both technical and, where relevantjustified by the criticality of the sector, non- technical factors including those defined in Recommendation (EU) 2019/534, in the EU wide coordinated risk assessment of 5G networks security and in the EU Toolbox on 5G cybersecurity agreed by the Cooperation Group. These assessments should be evidence-based and their results clearly defined. To identify the supply chains that should be subject to a coordinated risk assessment, the following criteria should be taken into account: (i) the extent to which essential and important entities use and rely on specific critical ICT services, systems or products; (ii) the relevance of specific critical ICT services, systems or products for performing critical or sensitive functions, including the processing of personal data; (iii) the availability of alternative ICT services, systems or products; (iv) the resilience of the overall supply chain of ICT services, systems or products against disruptive events and (v) for emerging ICT services, systems or products, their potential future significance for the entities’ activities.
2021/06/03
Committee: IMCO
Amendment 114 #

2020/0359(COD)

Proposal for a directive
Recital 55
(55) This Directive lays down a two- stage approach to incident reporting in order to strike the right balance between, on the one hand, swift reporting that helps mitigate the potential spread of incidents and allows entities to seek support, and, on the other hand, in-depth reporting that draws valuable lessons from individual incidents and improves over time the resilience to cyber threats of individual companies and entire sectors. Where entities become aware of an incident, they should be required to submit an initial notification within 24out undue delay and not later than 72 hours, followed by a final report not later than one2 months after. The initial notification should only include the information strictly necessary to make the competent authorities aware of the incident and allow the entity to seek assistance, if required. Such notification, where applicable, should indicate whether the incident is presumably caused by unlawful or malicious action. Member States should ensure that the requirement to submit this initial notification does not divert the reporting entity’s resources from activities related to incident handling that should be prioritised. To further prevent that incident reporting obligations either divert resources from incident response handling or may otherwise compromise the entities efforts in that respect, Member States should also provide that, in duly justified cases and in agreement with the competent authorities or the CSIRT, the entity concerned can deviate from the deadlines of 724 hours for the initial notification and one2 months for the final report.
2021/06/03
Committee: IMCO
Amendment 126 #

2020/0359(COD)

Proposal for a directive
Recital 70
(70) In order to strengthen the supervisory powers and actions that help ensure effective compliance and to achieve a common high level of security within the digital sector throughout the Union, this Directive should provide for a minimum list of supervisory actions and means through which competent authorities may supervise essential and important entities. In addition, this Directive should establish a differentiation of supervisory regime between essential and important entities with a view to ensuring a fair balance of obligations for both entities and competent authorities. Thus, essential entities should be subject to a fully-fledged supervisory regime (ex-ante and ex-post), while important entities should be subject to a light supervisory regime, ex-post only. For the latter, this means that important entities should not document systematically compliance with cybersecurity risk management requirements, while competent authorities should implement a reactive ex -post approach to supervision and, hence, not have a general obligation to supervise those entities, except where there is a manifest breach of obligations, in particular where such entities cause risk for users or other services included in the scope of this Directive.
2021/06/03
Committee: IMCO
Amendment 128 #

2020/0359(COD)

Proposal for a directive
Recital 76
(76) In order to further strengthen the effectiveness and dissuasiveness of the penalties applicable to infringements of obligations laid down pursuant to this Directive, the competent authorities should be empowered to apply sanctions consisting of the suspension of a certification or authorisation concerning part or all thethe implicated services provided by an essential entity and the imposition of a temporary ban from the exercise of managerial functions by a natural person. Given their severity and impact on the entities’ activities and ultimately on their consumers, such sanctions should only be applied proportionally to the severity of the infringement and taking account of the specific circumstances of each case, including the intentional or negligent character of the infringement, actions taken to prevent or mitigate the damage and/or losses suffered. Such sanctions should only be applied as ultima ratio, meaning only after the other relevant enforcement actions laid down by this Directive have been exhausted, and only for the time until the entities to which they apply take the necessary action to remedy the deficiencies or comply with the requirements of the competent authority for which such sanctions were applied. The imposition of such sanctions shall be subject to appropriate procedural safeguards in accordance with the general principles of Union law and the Charter of Fundamental Rights of the European Union, including effective judicial protection, due process, presumption of innocence and right of defence.
2021/06/03
Committee: IMCO
Amendment 133 #

2020/0359(COD)

Proposal for a directive
Article 2 – paragraph 1
1. This Directive applies to public and private entities of a type referred to as essential entities in Annex I and as important entities in Annex II. Entities and subsectors that fall within the scope of this Directive shall be provided with clear and concise definitions with respect to their designations. This Directive does not apply to entities that Member States unequivocally identify as non-critical, including where they are of types referred to in Annex I and Annex II. This Directive does not apply to entities that qualify as micro and small enterprises within the meaning of Commission Recommendation 2003/361/EC.28, without prejudice to their voluntary involvement. __________________ 28 Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium- sized enterprises (OJ L 124, 20.5.2003, p. 36).
2021/06/03
Committee: IMCO
Amendment 148 #

2020/0359(COD)

Proposal for a directive
Article 4 – paragraph 1 – point 26 a (new)
(26a) 'non-critical entity' means any entity of a type referred to in Annex I and Annex II which, regardless of its size and resources, has no critical function within a specific sector or type of service provided and has a low level of dependency from other sectors or types of services.
2021/06/03
Committee: IMCO
Amendment 149 #

2020/0359(COD)

Proposal for a directive
Article 5 – paragraph 1 – point b
(b) a governance framework to achieve those objectives and priorities, including the policies referred to in paragraph 2 and the roles and responsibilities of public bodies and entities as well as other relevant actors, in particular those entrusted with specific SMEs support. The governance framework shall clearly outline how cooperation and coordination is organised between relevant national authorities designated under this Directive;
2021/06/03
Committee: IMCO
Amendment 161 #

2020/0359(COD)

Proposal for a directive
Article 5 – paragraph 2 – point h
(h) a policy addressing specific needs of SMEs in fulfilling the provisions laid down by this Directive, in particular those excluded from the scope of this Directive, in relation to guidance and support in improving their resilience to cybersecurity threats. and encouraging, through dedicated support, their proactive adoption of suitable cybersecurity measures;
2021/06/03
Committee: IMCO
Amendment 172 #

2020/0359(COD)

Proposal for a directive
Article 6 – paragraph 1
1. Each Member State shall designate one of its CSIRTs as referred to in Article 9 as a coordinator for the purpose of coordinated vulnerability disclosure. The process of coordinated vulnerability disclosure shall be coherent with internationally recognised standards on vulnerability handling and disclosure. The designated CSIRT shall act as a trusted intermediary, facilitating, where necessary, the interaction between the reporting entity and the manufacturer or provider of ICT products or ICT services. Where the reported vulnerability concerns multiple manufacturers or providers of ICT products or ICT services across the Union, the designated CSIRT of each Member State concerned shall cooperate with the CSIRT network.
2021/06/03
Committee: IMCO
Amendment 174 #

2020/0359(COD)

Proposal for a directive
Article 6 – paragraph 2
2. ENISA shall develop and maintain a European vulnerability registry. To that end, ENISA shall establish and maintain the appropriate information systems, policies and procedures, as well as the necessary technical and organisational measures for the security of the registry, with a view in particular to enabling important and essential entities and their suppliers of network and information systems to disclose and register vulnerabilities present in ICT products or ICT services, as well as to provide access to the information on vulnerabilities contained in the registry to all interested parties. ENISA shall clarify the terms of work and use of registry, including procedures for reporting, use and storage of the vulnerability information. The registry shall, in particular, include information describing the vulnerability, the affected ICT product or ICT services and the severity of the vulnerability in terms of the circumstances under which it may be exploited, the availability of related patches and, in the absence of available patches, guidance addressed to users of vulnerable products and services as to how the risks resulting from disclosed vulnerabilities may be mitigated.
2021/06/03
Committee: IMCO
Amendment 177 #

2020/0359(COD)

Proposal for a directive
Article 7 – paragraph 1
1. Each Member State shall designate one or more competent authorities responsible for the management of large- scale incidents and crises. Where a Member State designates more than one competent authority, it should clearly indicate which of these competent authorities would serve as the main point of contact during a large-scale incident or crisis. Member States shall ensure that competent authorities have adequate resources to perform, in an effective and efficient manner, the tasks assigned to them.
2021/06/03
Committee: IMCO
Amendment 186 #

2020/0359(COD)

Proposal for a directive
Article 10 – paragraph 2 – point f a (new)
(fa) providing practical and operational guidance to essential and important entities in cybersecurity response and prevention activities, including in particular dedicated technical support to SMEs;
2021/06/03
Committee: IMCO
Amendment 206 #

2020/0359(COD)

Proposal for a directive
Article 18 – paragraph 1
1. Member States shall ensure that essential and important entities shall take appropriate and proportionate technical and organisational measures to manage the risks posed to the security of network and information systems which those entities use in the provision of their services. These measures shall be adopted following a risk-based assessment that takes the utmost account of the level of criticality of the concerned entities. Having regard to the state of the art, those measures shall ensure a level of security of network and information systems appropriate to the risk presented and shall not undermine valid security offering mechanisms already in place.
2021/06/03
Committee: IMCO
Amendment 221 #

2020/0359(COD)

Proposal for a directive
Article 19 – paragraph 1
1. The Cooperation Group, in cooperation with the Commission and ENISA, and after having consulted the affected essential and important entities, may carry out coordinated security risk assessments of specific critical ICT services, systems or products supply chains, taking into account technical and, where relevant, non-technical risk factorjustified by the level of criticality of the sector, non-technical risk factors. Risk assessments should follow a balanced and non-discriminatory approach to ensure competitive and harmonised internal market, with coordinated Member State approaches.
2021/06/03
Committee: IMCO
Amendment 223 #

2020/0359(COD)

Proposal for a directive
Article 19 – paragraph 2
2. The Commission, after consulting with the Cooperation Group and, ENISA and the affected essential and important entities, shall identify the specific critical ICT services, systems or products that may be subject to the coordinated risk assessment referred to in paragraph 1.
2021/06/03
Committee: IMCO
Amendment 224 #

2020/0359(COD)

Proposal for a directive
Article 19 a (new)
Article 19a When the Cooperation Group includes non-technical risk factors in its supply chain risk assessments, it shall ensure that those factors are evidence-based, clearly defined and that their interpretation is aligned across the Union to the greatest extent possible. Member States shall ensure that any affected party has clear and lawful means to raise concerns, challenge and object to the final decision taken as a result of the supply chain assessments referred to in paragraph 1 of this Article.
2021/06/03
Committee: IMCO
Amendment 231 #

2020/0359(COD)

Proposal for a directive
Article 20 – paragraph 2 – subparagraph 1
Member States shall ensure that essential and important entities may notify, without undue delay where feasible or through periodic threat analysis reports, the competent authorities or the CSIRT of any significant cyber threat that those entities identify that could have potentially resulted in a significant incidentwithin the meaning of Article 2(8) of Regulation (EU) 2019/881.
2021/06/03
Committee: IMCO
Amendment 237 #

2020/0359(COD)

Proposal for a directive
Article 20 – paragraph 4 – subparagraph 1 – point a
(a) without undue delay and in any event winot later thian 724 hours after having become aware of the incident, an initial notification, which, where applicable and possible, shall indicate whether the incident is presumably caused by unlawful or malicious action;
2021/06/03
Committee: IMCO
Amendment 242 #

2020/0359(COD)

Proposal for a directive
Article 20 – paragraph 4 – subparagraph 1 – point c – introductory part
(c) a final report not later than onetwo months after the submission of the report under point (a), including at least the following:
2021/06/03
Committee: IMCO
Amendment 280 #

2020/0359(COD)

Proposal for a directive
Article 26 – paragraph 5
5. In compliance with Union law, ENISA shall support the establishment of cybersecurity information-sharing arrangements referred to in paragraph 2 by providing best practices and guidance with the aim of promoting the cross-border exchange of information at Union level between the relevant entities.
2021/06/03
Committee: IMCO
Amendment 8 #

2020/0322(COD)

Proposal for a regulation
Recital 1 a (new)
(1a) Public health falls, as a matter of principle under the responsibility of the Member States, which are free to organise and deliver their health-care services in whatever manner they wish, as well as to procure medical devices, medicines, vaccines and health products, and to devise policies for cooperation and sharing of best practice, information and medical equipment, however they see fit.
2021/04/21
Committee: IMCO
Amendment 9 #

2020/0322(COD)

Proposal for a regulation
Recital 2
(2) In light of the lessons learnt during the ongoing COVID-19 pandemic, such as systemic weaknesses in the supply chain of certain medical devices and medicines in Europe, in particular dependence on China and India, and in order to facilitate adequate Union-wide preparedness and response to all cross- border threats to health, the legal framework for epidemiological surveillance, monitoring, early warning of, and combating serious cross-border threats to health, as set out in Decision No 1082/2013/EU, needs to be broadened with regard to additional reporting requirements and analysis on health systems indicators, and cooperation by Member States with the European Centre for Disease Prevention and Control (ECDC). Moreover, in order to ensure effective Union response to novel cross- border threats to health, the legal framework to combat serious cross-border threats to health should enable to immediately adopt case definitions for the surveillance of novel threats and should provide for the establishment of a network of EU reference laboratories and a network to support monitoring of disease outbreaks that are relevant to substances of human origin. The capacity for contact tracing should be strengthened via the creation of an automated system, using modern technologies.
2021/04/21
Committee: IMCO
Amendment 17 #

2020/0322(COD)

Proposal for a regulation
Recital 6
(6) The protection of human health is a matter which has a cross-cutting dimension and is relevant to numerous Union policies and activities. In order to achieve a high level of human health protection, and to avoid any overlap of activities, duplication or conflicting actions, the Commission, in liaison with the Member States and in full compliance with the principle of subsidiarity, should ensure coordination and exchange of information between the mechanisms and structures established under this Regulation, and other mechanisms and structures established at Union level and under the Treaty establishing the European Atomic Energy Community (the Euratom Treaty), the activities of which are relevant to the preparedness and response planning, monitoring, early warning of, and combating serious cross-border threats to health. In particular, the Commission should ensure that relevant information from the various rapid alert and information systems at Union level and under the Euratom Treaty is gathered and communicated to the Member States through the Early Warning and Response System (‘EWRS’) set up by Decision No 2119/98/EC.
2021/04/21
Committee: IMCO
Amendment 18 #

2020/0322(COD)

Proposal for a regulation
Recital 7
(7) Preparedness and response planning are essential elements for effective monitoring, early warning of and combatting serious cross-border threats to health. As such, a Union health crisis and pandemic preparedness plan needs to be established by the Commission and approved by the HSC. This should be coupled with updates to Member States’ preparedness and response plans so as to ensure they are compatible within the regional level structures. To support Member States in this endeavour, targeted training and knowledge exchange activities for healthcare staff and public health staff should be provided knowledge and necessary skills should be provided by the Commission and Union Agencies. To ensure the putting into operation and the running of these plans, the Commission should be able to ask Member States to conduct stress tests, exercises and in-action and after-action reviews with Member States. These plans should be coordinated, be functional and updated, and have sufficient resources for their operationalisation. Following stress tests and reviews of the plans, corrective actions should be implemented and the Commission should be kept informed of all updates.
2021/04/21
Committee: IMCO
Amendment 21 #

2020/0322(COD)

Proposal for a regulation
Recital 8
(8) To this end, Member States should provide the Commission with an update on the latest situation with regard to their preparedness and response planning and implementation at national level. Information provided by the Member States should include the elements that Member States are obliged to report to the World Health Organization (WHO) in the context of the International Health Regulations (IHR)15. In turn, the Commission should report to the European Parliament and to the Council on the state of play and progress with preparedness, response planning and implementation at Union level, including on corrective actions, every 2 years to ensure that there is consistency between national preparedness and response plans are adequate. In order to support the assessment of these plans, EU audits in Member States should be conducted, in coordination with the ECDC and Union agencies. Such planning should include in particular adequate preparedness of critical sectors of society, such as energy, transport, communication or civil protection, which rely, in a crisis situation, on well-prepared gender-sensitive public health systems that are also in turn dependent on the functioning of those sectors and on maintenance of essential services at an adequate level. In the event of a serious cross-border threat to health originating from a zoonotic infection, it is important to ensure the interoperability between health and veterinary sectors for preparedness and response planning. __________________ International Health Regulation (IHR, 2005), https://www.who.int/ihr/publications/9789 241596664/en/
2021/04/21
Committee: IMCO
Amendment 24 #

2020/0322(COD)

Proposal for a regulation
Recital 8 a (new)
(8a) This regulation should draw on lessons learned from the COVID-19 pandemic to assess whether an EU coordination mandate is needed, particularly in view of the difficulties encountered in the European Commission’s negotiation of contracts for centralised procurement of vaccines as when as during their delivery. Such lessons should lead to the incorporation into negotiating mandates of provisions on negotiators’ qualifications, terms and conditions and deadlines for delivery, as well as the benefits or sanctions applicable in the event of diligence or default.
2021/04/21
Committee: IMCO
Amendment 31 #

2020/0322(COD)

Proposal for a regulation
Recital 9
(9) As serious cross-border threats to health are not limited to Union borders, joint procurement of medical countermeasures should be extended to include European Free Trade Association States and Union candidate countries, in accordance with the applicable Union legislation. The Joint Procurement Agreement, determining the practical arrangements governing the joint procurement procedure established under Article 5 of Decision No 1082/2013/EU, should also be adapted to include an exclusivity clause regarding negotiation and procurement for participating countries in a joint procurement procedure, to allow for better coordination within the EU. This exclusivity clause should nevertheless ensure that Member States who wish to be able to negotiate other contracts with different suppliers are free to do, so to be insulated from the eventuality of lateness or other failure affecting the joint procedure. The Commission should ensure coordination and information exchange between the entities organizing any action under different mechanisms established under this Regulation and other relevant Union structures related to procurement and stockpiling of medical countermeasures, such as the strategic rescEU reserve under Decision No 1313/2013/EU of the European Parliament and of the Council16. __________________ 16Decision No 1313/2013/EU of the European Parliament and of the Council of 17 December 2013 on a Union Civil Protection Mechanism (OJ L 347, 20.12.2013, p. 924).
2021/04/21
Committee: IMCO
Amendment 65 #

2020/0322(COD)

Proposal for a regulation
Recital 18
(18) The recognition of public health emergency situations and the legal effects of this recognition provided by Decision No 1082/2013/EU should be broadened. To this end, this Regulation should allow for the Commission to formally recognise a public health emergency at Union level. In order to recognise such an emergency situation, the Commission should establish an independent advisory committee that will provide expertise on whether a threat constitutes a public health emergency at Union level, and advise on public health response measures and on the termination of this emergency recognition. The advisory committee should consist of independent experts, selected by the Commission from the fields of expertise and experience most relevant to the specific threat that is occurring, representatives of the ECDC, of the EMA, and of other Union bodies or agencies as observers. Recognition of a public health emergency at Union level will provide the basis for introducing operational public health measures for medical products and medical devices, flexible mechanisms to develop, procure, manage and deploy medical countermeasures as well as the activation of support from the ECDC to mobilise and deploy outbreak assistance teams, known as ‘EU Health Task Force’. In accordance with the limits set by the Treaties, none of these mechanisms should be binding on Member States, but they should make it easier for the Union and the Member States to coordinate and adopt measures at the European level.
2021/04/21
Committee: IMCO
Amendment 67 #

2020/0322(COD)

Proposal for a regulation
Recital 20
(20) The occurrence of an event that corresponds to serious cross-border threats to health and is likely to have Union-wide consequences should requireallow the Member States concerned to take particular control or contact-tracing measures in a coordinated manner in order to identify people already contaminated and those persons exposed to risk. Such cooperation could require the exchange of personal data through the system, including sensitive information related to health and information about confirmed or suspected human cases of the disease, between those Member States directly involved in the contact-tracing measures. The exchange of personal data concerning health by the Member States has to comply with Article 9(2)(i) of Regulation (EU) 2016/679 of the European Parliament and of the Council18. __________________ 18Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
2021/04/21
Committee: IMCO
Amendment 68 #

2020/0322(COD)

Proposal for a regulation
Recital 23
(23) Since the objectives of this Regulation cannot be sufficiently achieved by the Member States due to the cross-border dimension of serious threats to health but can be better achieved at Union level, the Union may adopt measures, itext apply only to voluntary cooperation by the Member States and to organisation at the level of the Union institutions, bodies and offices and agencies alone, issuing a regulation is not the right way to achieve them in a meaningful manner. 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 Artic, it is preferable, since the repeale,d this Regulation does not go beyond what is necessary in order to achieve those objext is a decision, to replace it with another decision or a directives.
2021/04/21
Committee: IMCO
Amendment 70 #

2020/0322(COD)

Proposal for a regulation
Recital 25
(25) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission to adopt implementing acts in relation totext, the Commission should be able to propose decisions or recommendations establishing: templates to be used when providing the information on preparedness and response planning; organisation of the training activities for health care and public health staff; the establishment and update of a list of communicable diseases and related special health issues subject to the network of epidemiological surveillance and the procedures for the operation of such a network; the adoption of case definitions for those communicable diseases and special health issues covered by the epidemiological surveillance network and, where necessary, for other serious cross- border threats to health subject to ad hoc monitoring; the procedures for the operation of the EWRS; the functioning of the surveillance platform; the designation of EU reference laboratories to provide support to national reference laboratories; the procedures for the information exchange on and the coordination of the responses of the Member States; the recognition of situations of public health emergency at Union level and the termination of such a recognition and procedures necessary to ensure that the operation of the EWRS and the processing of data are in accordance with the data protection legislation. These definitions apply only within the above- mentioned European-level framework and shall not replace the national-level definitions used by the Member States.
2021/04/21
Committee: IMCO
Amendment 71 #

2020/0322(COD)

Proposal for a regulation
Recital 26
(26) Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council20. As the implementing acts provided for by this Regulation concern the protection of human health, the Commission may not adopt a draft implementing act where the Committee on serious cross-border threats to health delivers no opinion, in accordance with point (a) of the second subparagraph of Article 5(4) of Regulation (EU) No 182/2011. __________________ 20 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).deleted
2021/04/21
Committee: IMCO
Amendment 74 #

2020/0322(COD)

Proposal for a regulation
Recital 27
(27) The Commission should adopt immediately applicable implementing acts where, in duly justified cases relating to the severity or novelty of a serious cross- border threat to health or to the rapidity of its spread between the Member States imperative grounds of urgency so require.deleted
2021/04/21
Committee: IMCO
Amendment 75 #

2020/0322(COD)

Proposal for a regulation
Recital 28
(28) In order to ascertain the state of implementation of the national preparedness plans and their coherence with the Union plan, 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 CommissCommission should also be able to propose decisions or recommendations in respect of procedures, standards and criteria for the audits aimed at the assessment of preparedness and response planning at national level. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 201621. In particular, to ensure equal participation in the preparation of delegatedthese acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegatedthese acts. __________________ 21 OJ L 123, 12.5.2016, p. 1.
2021/04/21
Committee: IMCO
Amendment 77 #

2020/0322(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point c
(c) threats of environmental or climate origin;deleted
2021/04/21
Committee: IMCO
Amendment 78 #

2020/0322(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point d
(d) threats of unknown origin;deleted
2021/04/21
Committee: IMCO
Amendment 79 #

2020/0322(COD)

Proposal for a regulation
Article 2 – paragraph 6
6. Member States shall retain the right to maintain or introduce additional arrangements, procedures and measures for their national systems in the fields covered by this Regulation, including arrangements provided for in existing or future bilateral or multilateral agreements or conventions, on condition that such additional arrangements, procedures and measures do not impair the application of this Regulation. They shall also have the right not to comply with the Commission’s decisions, recommendations and guidelines.
2021/04/21
Committee: IMCO
Amendment 85 #

2020/0322(COD)

Proposal for a regulation
Article 4 – paragraph 3 – introductory part
3. As far as possible, the group shall adopt its guidance or opinions by consensus. These decisions shall not be binding.
2021/04/21
Committee: IMCO
Amendment 88 #

2020/0322(COD)

Proposal for a regulation
Article 5 – paragraph 3 – point e
(e) the risk and crisis communication;deleted
2021/04/21
Committee: IMCO
Amendment 89 #

2020/0322(COD)

Proposal for a regulation
Article 5 – paragraph 3 – point f
(f) the health preparedness and response and intersectoral collaboration;deleted
2021/04/21
Committee: IMCO
Amendment 90 #

2020/0322(COD)

Proposal for a regulation
Article 5 – paragraph 3 – point g
(g) the management of the plan.deleted
2021/04/21
Committee: IMCO
Amendment 96 #

2020/0322(COD)

Proposal for a regulation
Article 6 – paragraph 1
1. When preparing national preparedness and response plans each Member State shall coordinate withinform the Commission in order to reach consistency withand the HSC in order to ensure that the Union preparedness and response plan, also inform without delay the Commission and the HSC of any substantial revision of the national plan is kept suitably up to date.
2021/04/21
Committee: IMCO
Amendment 98 #

2020/0322(COD)

Proposal for a regulation
Article 7
[...]deleted
2021/04/21
Committee: IMCO
Amendment 102 #

2020/0322(COD)

Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 – point b – point iii
(iii) resources: including financial resources for emergency preparedness and contingency funding for response; logistics mechanisms, means of national production and essential supplies for health; and dedicated, trained and equipped human resources for emergencies; and
2021/04/21
Committee: IMCO
Amendment 105 #

2020/0322(COD)

Proposal for a regulation
Article 8 – paragraph 2
2. Member States shall present an action plan addressing the proposed recommendations of the audit and the corresponding corrective actions and milestones. These actions may, in particular, include: (a) legislation, if necessary; (b) (c) overview reports of audits series, which present cases of good practice.deleted review/adjustment of the training initiatives;
2021/04/21
Committee: IMCO
Amendment 107 #

2020/0322(COD)

Proposal for a regulation
Article 10 – paragraph 1 – introductory part
1. The Commission and the Member States shallthat wish to do so may, in complement to HSC’s monitoring role, work together within ithe HSC to coordinate their efforts to develop, strengthen and maintain their capacities for the monitoring, early warning and assessment of, and response to serious cross-border threats to health.
2021/04/21
Committee: IMCO
Amendment 116 #

2020/0322(COD)

Proposal for a regulation
Article 12 – paragraph 2 – point a
(a) participation in the joint procurement procedure ishall be open to all Members States, European Free Trade Association (EFTA) States and Union candidate countries in accordance with Article 165(2) of Regulation (EU, Euratom) 2018/1046;
2021/04/21
Committee: IMCO
Amendment 118 #

2020/0322(COD)

Proposal for a regulation
Article 12 – paragraph 2 – point b
(b) the rights and obligations of Members States, EFTA States and Union candidate countri States not participating in the joint procedurement shall b are respected, in particular those relating to the protection and improvement of human health;
2021/04/21
Committee: IMCO
Amendment 121 #

2020/0322(COD)

Proposal for a regulation
Article 12 – paragraph 2 – point c
(c) Member States, EFTA States and Union candidate countries participating in a specific joint procurement shall procure the medical countermeasure in question through that procedure and not through other channels, and shall not run parallel negotiation processes for that product;
2021/04/21
Committee: IMCO
Amendment 128 #

2020/0322(COD)

Proposal for a regulation
Article 12 – paragraph 2 – point d
(d) the joint procurement shall not affect the internal market, shall not constitute discrimination or a restriction of trade and shall not cause distortion of competition. It shall enable, among other things, the negotiation and procurement by Member States of medical countermeasures from suppliers other than the specific supplier chosen for the joint procedure in which they are participants;
2021/04/21
Committee: IMCO
Amendment 136 #

2020/0322(COD)

Proposal for a regulation
Article 12 – paragraph 2 – point e
(e) the joint procurement shall not have any direct financial impact on the budget of Member States, EFTA States and Union candidate countries not participating in the joint procurement.
2021/04/21
Committee: IMCO
Amendment 143 #

2020/0322(COD)

Proposal for a regulation
Article 12 – paragraph 3 a (new)
3a. Member States’ ability to hold strategic reserves shall be guaranteed, as well as their capacity to direct the use of these reserves solely for the benefit of their nationals and nationals of other Member States residing on their territory. Member States shall remain free to decide whether or not to share the use of these reserves.
2021/04/21
Committee: IMCO
Amendment 155 #

2020/0322(COD)

Proposal for a regulation
Article 13 – paragraph 10
10. On duly justified imperative grounds of urgency related to the severity or novelty of a serious cross-border threat to health or to the rapidity of its spread among the Member States, the Commission may adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 27(3)propose decisions or recommendations for the adoption of case definitions, procedures and indicators for surveillance in Member States in the case of a threat referred to in points (i) and (ii) of point (a) of Article 2(1). The indicators mentioned above shall also support the assessment of capacity for diagnosis, prevention and treatment.
2021/04/21
Committee: IMCO
Amendment 157 #

2020/0322(COD)

Proposal for a regulation
Article 14 – paragraph 2 – point a
(a) enable the automated collection of surveillance and laboratory data, make use of information from electronic health records, with the consent of the patients concerned and in strict compliance with personal data protection rules, as well as media monitoring, media monitoring, and apply artificial intelligence for data validation, analysis and automated reporting;
2021/04/21
Committee: IMCO
Amendment 160 #

2020/0322(COD)

Proposal for a regulation
Article 14 – paragraph 6 – point d
(d) the cases where, and the conditions under which the third countries and international organisations concerned may be granted partial access to the functionalities of the platform and the practical arrangements of such access;deleted
2021/04/21
Committee: IMCO
Amendment 161 #

2020/0322(COD)

Proposal for a regulation
Article 16 – paragraph 1
1. A network of Member States’ services supportenabling transfusion, transplantation and medically assisted reproduction, when authorised in national law, is established to allow for the continuous and rapid access to sero- epidemiological data, including assessment of donor population exposure and immunity, and to monitor, assess and help address disease outbreaks that are relevant to substances of human origin.
2021/04/21
Committee: IMCO
Amendment 162 #

2020/0322(COD)

Proposal for a regulation
Article 18 – paragraph 1
1. The EWRS shall enable the Commission and the competent authorities responsible at national level to be in permanent communication for the purposes of preparedness, early warning and response, alerting, assessing public health risks and determinsuggesting the measures that may be required to protect public health.
2021/04/21
Committee: IMCO
Amendment 163 #

2020/0322(COD)

Proposal for a regulation
Article 21 – paragraph 1 – introductory part
1. Following an alert notification pursuant to Article 19, on a request from the Commission or a Member State and on the basis of the available information, including the information referred to in Article 19 and the risk assessments referred to in Article 20, Member States shall coordinate within the HSC and in liaison with the Commission:
2021/04/21
Committee: IMCO
Amendment 168 #

2020/0322(COD)

Proposal for a regulation
Article 25 – paragraph 1 a (new)
1a. It shall have no effect on the activation and functioning of health emergency arrangements under Member States’ legislation, where they exist.
2021/04/21
Committee: IMCO
Amendment 49 #

2020/0306(COD)

Proposal for a regulation
Recital 7
(7) The exchanges of digital information through EU CSW-CERTEX should cover Union non-customs formalities laid down in Union legislation that customs authorities are entrusted to enforce. Those formalities impose different obligations for the import, export or transit of certain goods, and their verification through customs controls is fundamentally important to the effective functioning of the EU Single Window Environment for Customs. EU CSW-CERTEX should cover digitalised regulatory formalities laid down in Union legislation and managed by partner competent authorities in electronic Union non-customs systems, storing the relevant information from all Member States required for goods clearance. It is therefore appropriate to identify the Union non-customs formalities which should be subject to digital cooperation through EU CSW-CERTEX. In particular, EU CSW- CERTEX should initially cover sanitary and phytosanitary requirements, rules regulating the import of organic products, environmental requirements in relation to fluorinated greenhouse gases and ozone depleting substances, and formalities related to the import of cultural goods. EU CSW-CERTEX should integrate other non-customs formalities as soon as the appropriate technical and functional specifications are in place.
2021/06/16
Committee: IMCO
Amendment 56 #

2020/0306(COD)

Proposal for a regulation
Recital 10
(10) Any processing of personal data in EU CSW-CERTEX shall be conducted in an appropriately safe and secure environment with a view to preventing unauthorised disclosure and alteration. To that end, suitable organisational and technical cybersecurity measures should be adopted, including and deploying in particular encryption measures. Furthermore, any processing of personal data should facilitate information sharing between the national environments for customs and Union non- customs systems without any storing of data. It should also transform data, where necessary and taking into account the need to respect confidentiality, to enable information exchange between both digital domains. The information technology facilities used for data transformation should be located in the Union.
2021/06/16
Committee: IMCO
Amendment 60 #

2020/0306(COD)

Proposal for a regulation
Recital 10 a (new)
(10a) The processing of personal data within the framework of this Regulation by competent authorities should comply with Regulation (EU) 2016/679 of the European Parliament and of the Council. The processing of personal data by the Commission within the framework of this Regulation should comply with Regulation (EU) 2018/1725 of the European Parliament and of the Council.
2021/06/16
Committee: IMCO
Amendment 62 #

2020/0306(COD)

Proposal for a regulation
Recital 13
(13) The increased digitalisation of customs and Union non-customs regulatory formalities applicable to international trade has opened up new opportunities for Member States to improve the digital cooperation between customs and partner competent authorities. In pursuit of those priorities, several Member States have started to develop frameworks for national single window environments for customs. Those initiatives differ substantially depending on the level of existing customs information technology architecture, priorities and cost structures. It is therefore necessary to require Member States to establish and operate national single window environments for customs for Union non-customs formalities covered by EU CSW-CERTEX. Those environments should constitute the national components of the EU Single Window Environment for Customs, enabling safe and secure electronic information sharing and collaboration between customs, partner competent authorities and economic operators to ensure compliance with and efficient enforcement of customs legislation and Union non-customs formalities covered by EU CSW-CERTEX. In lineorder to realise an effective and uniform application of this Regulation, the Commission shall provide guidance concerning common technical and functional specifications for the integration of the relevant non-customs formalities within thise national single window environments for customs. As a result, national single windows should also be interoperable between each other in order to cater for the validation of formalities which, although issued by national administrations, are valid throughout the Union. . In line with these objectives, the national single window environments for customs should enable the automated verification by customs authorities of formalities in respect of which data is transmitted from the respective Union non-customs system through EU CSW-CERTEX. The national single window environments for customs should also allow partner competent authorities to monitor and control the quantities of authorised goods (‘quantity management’) that have been released by customs through the Union. This should be ensured by providing the necessary clearance information to the Union non- customs systems through EU CSW- CERTEX. In practical terms, quantity management at Union level is necessary to enable a better enforcement of non- customs regulatory formalities by automatically and consistently monitoring the consumption of authorised quantities for the release of goods, avoiding their overuse or mishandling.
2021/06/16
Committee: IMCO
Amendment 66 #

2020/0306(COD)

Proposal for a regulation
Recital 14
(14) To further simplify goods clearance processes for economic operators and to reduce administrative burdens, the national single window environments for customs should become a single channel to communicate with customs and partner competent authorities. Adequate support and information on the processes and technical requirements related to the use of such single channel should be provided to economic operators via easily accessible and user-friendly national websites. The Union non- customs formalities subject to this additional facilitation measure are a subset of the overarching formalities covered by EU CSW-CERTEX. The Commission should identify those formalities progressively by assessing the fulfilment of a set of criteria relevant to trade facilitation, taking into account their legal and technical feasibility. In order to further enhance trade facilitation, it should be possible to use the national single window environments for customs as a platform for coordinating controls between customs authorities and partner competent authorities in line with Article 47(1) of Regulation (EU) No 952/2013.
2021/06/16
Committee: IMCO
Amendment 80 #

2020/0306(COD)

Proposal for a regulation
Recital 26
(26) The Commission should regularly monitor the functioning of the EU Single Window Environment for Customs to evaluate the performance of EU CSW- CERTEX and to ensure the efficient enforcement of Union non-customs formalities covered by EU CSW-CERTEX, in particular with the view to integrate other non-customs formalities. The Commission should submit regular assessment reports on the functioning of the EU Single Window Environment for Customs to the European Parliament and to the Council. Those reports should take stock of progress, identify areas for improvement and propose recommendations for the future in light of progress made towards an improved digital collaboration between customs and partner competent authorities involved in goods clearance to ensure simplified processes for economic operators and the efficient enforcement of Union non-customs formalities.
2021/06/16
Committee: IMCO
Amendment 99 #

2020/0306(COD)

Proposal for a regulation
Article 6 – paragraph 1 – introductory part
1. Processing of personal data shall be conducted in a safe and secure environment by means of appropriate organizational and technical cybersecurity measures. Processing of personal data may take place in EU CSW- CERTEX only for the following purposes:
2021/06/16
Committee: IMCO
Amendment 103 #

2020/0306(COD)

Proposal for a regulation
Article 8 – paragraph 1
1. The Member States shall establish national single window environments for customs. Each Member State shall be responsible for the development, integration and operation of its single window environment for customs, including the safeguard of security and integrity of network and information systems in place. Member States shall ensure interoperability with EU CSW- CERTEX as well as with other national single window environments.
2021/06/16
Committee: IMCO
Amendment 106 #

2020/0306(COD)

Proposal for a regulation
Article 8 – paragraph 1 a (new)
1a. Where Member States have national single windows frameworks already in place, they shall bear responsibility for integrating and managing the appropriate interfaces with EU CSW-CERTEX.
2021/06/16
Committee: IMCO
Amendment 109 #

2020/0306(COD)

Proposal for a regulation
Article 8 – paragraph 2
2. The national single window environments for customs shall enable the interoperable and secure exchange of information and cooperation by electronic means between customs authorities, partner competent authorities and economic operators for the purposes of compliance with and efficient enforcement of customs legislation and the Union non- customs formalities listed in the Annex.
2021/06/16
Committee: IMCO
Amendment 110 #

2020/0306(COD)

Proposal for a regulation
Article 8 – paragraph 3 – point c
(c) provide a single communication channel for economic operators to lodge standardized information to fulfil the relevant customs formalities and Union non-customs formalities subject to additional digital cooperation in accordance with Article 12.
2021/06/16
Committee: IMCO
Amendment 114 #

2020/0306(COD)

Proposal for a regulation
Article 9 – paragraph 1
1. The processing of personal data within the national single window environments for customs shall take place in a safe and secure manner by means of appropriate organizational and technical cybersecurity measures, as well as in accordance with Regulation (EU) 2016/679 separately from the processing operations referred to in Article 6 of this Regulation.
2021/06/16
Committee: IMCO
Amendment 118 #

2020/0306(COD)

Proposal for a regulation
Article 10 – paragraph 1 – introductory part
1. For each of the Union non-customs formalities listed in the Annex, EU CSW- CERTEX shall enable information to be exchanged in a secure and interoperable manner between the national single window environments for customs and the relevant Union non-customs systems for the following purposes:
2021/06/16
Committee: IMCO
Amendment 122 #

2020/0306(COD)

Proposal for a regulation
Article 11 – paragraph 1 – point a
(a) allowing economic operators to submit the relevantrough a single point of entry the relevant standardized information required for the fulfilment of the applicable customs formalities and Union non-customs formalities;
2021/06/16
Committee: IMCO
Amendment 142 #

2020/0306(COD)

Proposal for a regulation
Article 24 – paragraph 3
Article 8(3), point (c), Article 11, Article 13(1), (2) and (3), Article 14 and Article 15(1) and (2) shall apply from 1 January 203129.
2021/06/16
Committee: IMCO
Amendment 45 #

2020/0036(COD)

Proposal for a regulation
The Committee on Industry, Research and Energy calls on the Committee on Environment, Public Health and Food Safety as the committee responsible, to propose rejection of the Commission proposal.
2020/06/09
Committee: ITRE
Amendment 46 #

2020/0036(COD)

Proposal for a regulation
Recital 1
(1) The Commission has, in its Communication of 11 December 2019 entitled ‘The European Green Deal’19 , set out a newn unrealistic growth strategy that aims to transform the Union into an alleged fair and prosperous society, with a modern, resource-efficient and competitive economy, where there are no net emissions of greenhouse gases in 2050 and where economic growth is decoupled from resource use. It also aims to protect, conserve and enhance the Union's natural capital, and protect the health and well-being of citizens from environment- related risks and impacts. At the same time, this transition must be just and inclusive, leaving no one behind by sacrificing entire branches of industry and thus global competitiveness without a proper impact assessment. _________________ 19 Commission Communication - The European Green Deal, COM(2019) 640 final of 11 December 2019.
2020/06/09
Committee: ITRE
Amendment 50 #

2020/0036(COD)

Proposal for a regulation
Recital 2
(2) The Intergovernmental Panel on Climate Change’s (IPCC) Special Report on the impacts of global warming of 1.5 °C above pre-industrial levels and related global greenhouse gas emission pathways20 provides a strong scientific basis for tackling climate change and illustrates the need to step up climate action. It confirms that greenhouse gas emissions need to be urgently reduced, and that climate change needs to be limited to 1.5 °C, in particular to reduce the likelihood of extreme weather events. The Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services’ (IPBES) 2019 Global Assessment Report21 showed worldwide erosion of biodiversity, with climate change as the third most important driver of biodiversity loss.22 _________________ 20IPCC, 2018: Global Warming of 1.5°C. An IPCC Special Report on the impacts of global warming of 1.5°C above pre- industrial levels and related global greenhouse gas emission pathways, in the context of strengthening the global response to the threat of climate change, sustainable development, and efforts to eradicate poverty [Masson-Delmotte, V., P. Zhai, H.-O. Pörtner, D. Roberts, J. Skea, P.R. Shukla, A. Pirani, W. Moufouma-Okia, C. Péan, R. Pidcock, S. Connors, J.B.R. Matthews, Y. Chen, X. Zhou, M.I. Gomis, E. Lonnoy, T. Maycock, M. Tignor, and T. Waterfield (eds.)]. 21IPBES 2019: Global Assessment on Biodiversity and Ecosystem Services. 22European Environment Agency’s The European environment – state and outlook 2020 (Luxembourg: Publication Office of the EU, 2019).deleted
2020/06/09
Committee: ITRE
Amendment 53 #

2020/0036(COD)

Proposal for a regulation
Recital 3
(3) A fixed long-term objective is crucial to contribute to economic and societal transformation, jobs, growth, and the achievement of the United Nations Sustainable Development Goals, as well as to move in a fair and cost-effective manner towards the temperature goal of the 2015 Paris Agreement on climate change following the 21st Conference of the Parties to the United Nations Framework Convention on Climate Change (the ‘Paris Agreement’).deleted
2020/06/09
Committee: ITRE
Amendment 56 #

2020/0036(COD)

Proposal for a regulation
Recital 4
(4) The Paris Agreement sets out a long-term goal to keep the global temperature increase to well below 2 °C above pre-industrial levels and to pursue efforts to keep it to 1.5 °C above pre- industrial levels23 , and stresses the importance of adapting to the adverse impacts of climate change24 and making finance flows consistent with a pathway towdeleted Article 2.1.a of the Paris Agreement. Article 2.1.b of the Paris Agreement. Article 2.1.c of the Pardis low greenhouse gas emissions and climate-resilient development25 . _________________ 23 24 25Agreement.
2020/06/09
Committee: ITRE
Amendment 57 #

2020/0036(COD)

Proposal for a regulation
Recital 5
(5) The Union’s and the Member States’ climate action aims to protect people and the planet, welfare, prosperity, health, food systems, the integrity of eco- systems and biodiversity against the threat of climate change, in the context of the 2030 agenda for sustainable development and in pursuit of the objectives of the Paris Agreement, and to maximize prosperity within the planetary boundaries and to increase resilience and reduce vulnerability of society to climate change.deleted
2020/06/09
Committee: ITRE
Amendment 60 #

2020/0036(COD)

Proposal for a regulation
Recital 6
(6) Achieving climate neutrality should require a contribution from all economic sectors. In light of the importance of energy production and consumption on greenhouse gas emissions, the transition to a sustainable, affordable and secure energy system relying on a well-functioning internal energy market is essential. The digital transformation, technological innovation, and research and development are also important drivers for achieving the climate-neutrality objective.deleted
2020/06/09
Committee: ITRE
Amendment 71 #

2020/0036(COD)

Proposal for a regulation
Recital 7
(7) The Union has been pursuing an ambitious policy on climate action and has put in place a regulatory framework to achieve its 2030 greenhouse gas emission reduction target. The legislation implementing this target consists, inter alia, of Directive 2003/87/EC of the European Parliament and of the Council26 , which establishes a system for greenhouse gas emission allowance trading within the Union, Regulation (EU) 2018/842 of the European Parliament and of the Council27 , which introduced national targets for reduction of greenhouse gas emissions by 2030, and Regulation (EU) 2018/841 of the European Parliament and of the Council28 , which requires Member States to balance greenhouse gas emissions and removals from land use, land use change and forestry. _________________ 26Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a system for greenhouse gas emission allowance trading within the Union and amending Council Directive 96/61/EC (OJ L 275 of 25 October 2003, p. 32). 27Regulation (EU) 2018/842 of the European Parliament and of the Council of 30 May 2018 on binding annual greenhouse gas emission reductions by Member States from 2021 to 2030 contributing to climate action to meet commitments under the Paris Agreement and amending Regulation (EU) No 525/2013 (OJ L 156, 19.6.2018, p. 26). 28 European Parliament and of the Council of 30 May 2018 on the inclusion of greenhouse gas emissions and removals from land use, land use change and forestry in the 2030 climate and energy framework, and amending Regulation (EU) No 525/2013 and Decision No 529/2013/EU (OJ L 156, 19.6.2018, p. 1).deleted Regulation (EU) 2018/841 of the
2020/06/09
Committee: ITRE
Amendment 75 #

2020/0036(COD)

Proposal for a regulation
Recital 8
(8) In addition, the Commission has, in its Communication of 28 November of 2018 entitled ‘A Clean Planet for all: A European strategic long-term vision for a prosperous, modern, competitive and climate-neutral economy’, presented a vision for achieving net-zero greenhouse gas emissions in the Union by 2050 through a socially-fair and cost-efficient transition.deleted
2020/06/09
Committee: ITRE
Amendment 79 #

2020/0036(COD)

Proposal for a regulation
Recital 9
(9) The Union has, through the ‘Clean Energy for All Europeans’ package29 been pursuing an ambitious decarbonisation agenda notably by constructing a robust Energy Union, which includes 2030 goals for energy efficiency and deployment of renewable energy in Directives 2012/27/EU30 and (EU) 2018/200131 of the European Parliament and of the Council, and by reinforcing relevant legislation, including Directive 2010/31/EU of the European Parliament and of the Council32 . _________________ 29COM(2016) 860 final of 30 November 2016. 30Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC (OJ L 315, 14.11.2012, p. 1) 31Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (OJ L 328, 21.12.2018, p. 82). 32Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings (OJ L 153, 18.6.2010, p. 13).deleted
2020/06/09
Committee: ITRE
Amendment 84 #

2020/0036(COD)

Proposal for a regulation
Recital 10
(10) The Union is a global leader in the transition towards climate neutrality, and is determined to help raise global ambition and to strengthen the global response to climate change, using all tools at its disposal, including climate diplomacy.deleted
2020/06/09
Committee: ITRE
Amendment 91 #

2020/0036(COD)

Proposal for a regulation
Recital 11
(11) The European Parliament called for the necessary transition to a climate- neutral society by 2050 at the latest and for this to be made into a European success story33 and has declared a climate and environment emergency34 . The European Council, in its Conclusions of 12 December 201935 , has agreed on the objective of achieving a climate-neutral Union by 2050, in line with the objectives of the Paris Agreement, while also recognising that it is necessary to put in place an enabling framework and that the transition will require significant public and private investment. The European Council also invited the Commission to prepare a proposal for the Union’s long- term strategy as early as possible in 2020 with a view to its adoption by the Council and its submission to the United Nations Framework Convention on Climate Change. _________________ 33European Parliament resolution of 15 January 2020 on the European Green Deal (2019/2956(RSP)). 34European Parliament resolution of 28 November 2019 on the climate and environment emergency (2019/2930(RSP)). 35Conclusions adopted by the European Council at its meeting on 12 December 2019, EUCO 29/19, CO EUR 31, CONCL 9.deleted
2020/06/09
Committee: ITRE
Amendment 97 #

2020/0036(COD)

Proposal for a regulation
Recital 12
(12) The Union should aim to achieve a balance between anthropogenic economy- wide emissions and removals, through natural and technological solutions, of greenhouse gases domestically within the Union by 2050. The Union-wide 2050 climate-neutrality objective should be pursued by all Member States collectively, and the Member States, the European Parliament, the Council and the Commission should take the necessary measures to enable its achievement. Measures at Union level will constitute an important part of the measures needed to achieve the objective.deleted
2020/06/09
Committee: ITRE
Amendment 116 #

2020/0036(COD)

Proposal for a regulation
Recital 13
(13) The Union should continue its climate action and international climate leadership after 2050, in order to protect people and the planet against the threat of dangerous climate change, in pursuit of the temperature goals set out in the Paris Agreement and following the scientific recommendations of the IPCC.deleted
2020/06/09
Committee: ITRE
Amendment 122 #

2020/0036(COD)

Proposal for a regulation
Recital 14
(14) Adaptation is a key component of the long-term global response to climate change. Therefore, Member States and the Union should enhance their adaptive capacity, strengthen resilience and reduce vulnerability to climate change, as provided for in Article 7 of the Paris Agreement, as well as maximise the co- benefits with other environmental policies and legislation. Member States should adopt comprehensive national adaptation strategies and plans.deleted
2020/06/09
Committee: ITRE
Amendment 125 #

2020/0036(COD)

Proposal for a regulation
Recital 15
(15) In taking the relevant measures at Union and national level to achieve the climate-neutrality objective, Member States and the European Parliament, the Council and the Commission should take into account the contribution of the transition to climate neutrality to the well- being of citizens, the prosperity of society and the competitiveness of the economy; energy and food security and affordability; fairness and solidarity across and within Member States considering their economic capability, national circumstances and the need for convergence over time; the need to make the transition just and socially fair; best available scientific evidence, in particular the findings reported by the IPCC; the need to integrate climate change related risks into investment and planning decisions; cost-effectiveness and technological neutrality in achieving greenhouse gas emissions reductions and removals and increasing resilience; progression over time in environmental integrity and level of ambition.deleted
2020/06/09
Committee: ITRE
Amendment 132 #

2020/0036(COD)

Proposal for a regulation
Recital 16
(16) The transition to climate neutrality requires changes across the entire policy spectrum and a collective effort of all sectors of the economy and society, as illustrated by the Commission in its Communication ‘The European Green Deal’. The European Council, in its Conclusions of 12 December 2019, stated that all relevant Union legislation and policies need to be consistent with, and contribute to, the fulfilment of the climate-neutrality objective while respecting a level playing field, and invited the Commission to examine whether this requires an adjustment of the existing rules.deleted
2020/06/09
Committee: ITRE
Amendment 137 #

2020/0036(COD)

Proposal for a regulation
Recital 17
(17) The Commission, in its Communication ‘The European Green Deal’, announced its intention to assess and make proposals for increasing the Union’s greenhouse gas emission reduction target for 2030 to ensure its consistency with the climate-neutrality objective for 2050. In that Communication, the Commission underlined that all Union policies should contribute to the climate-neutrality objective and that all sectors should play their part. By September 2020, the Commission should, based on a comprehensive impact assessment and taking into account its analysis of the integrated national energy and climate plans submitted to the Commission in accordance with Regulation (EU) 2018/1999 of the European Parliament and of the Council36 , review the Union’s 2030 target for climate and explore options for a new 2030 target of 50 to 55 % emission reductions compared with 1990 levels. Where it considers necessary to amend the Union’s 2030 target, it should make proposals to the European Parliament and to the Council to amend this Regulation as appropriate. In addition, the Commission should, by 30 June 2021, assess how the Union legislation implementing that target would need to be amended in order to achieve emission reductions of 50 to 55 % compared to 1990. _________________ 36 Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council (OJ L 328, 21.12.2018, p. 1).deleted
2020/06/09
Committee: ITRE
Amendment 152 #

2020/0036(COD)

Proposal for a regulation
Recital 18
(18) To ensure the Union and the Member States remain on track to achieve the climate-neutrality objective and progress on adaptation, the Commission should regularly assess progress. Should the collective progress made by Member States towards the achievement of the climate-neutrality objective or on adaptation be insufficient or Union measures inconsistent with the climate- neutrality objective or inadequate to enhance adaptive capacity, strengthen resilience or reduce vulnerability, the Commission should take the necessary measures in accordance with the Treaties. The Commission should also regularly assess relevant national measures, and issue recommendations where it finds that a Member State’s measures are inconsistent with the climate-neutrality objective or inadequate to enhance adaptive capacity, strengthen resilience and reduce vulnerability to climate change.deleted
2020/06/09
Committee: ITRE
Amendment 158 #

2020/0036(COD)

Proposal for a regulation
Recital 19
(19) The Commission should ensure a robust and objective assessment based on the most up to date scientific, technical and socio-economic findings, and representative of a broad range of independent expertise, and base its assessment on relevant information including information submitted and reported by Member States, reports of the European Environment Agency, best available scientific evidence, including the reports of the IPCC. Given that the Commission has committed to exploring how the EU taxonomy can be used in the context of the European Green Deal by the public sector, this should include information on environmentally sustainable investment, by the Union and Member States, consistent with Regulation (EU) 2020/… [Taxonomy Regulation] when such information becomes available. The Commission should use European statistics and data where available and seek expert scrutiny. The European Environment Agency should assist the Commission, as appropriate and in accordance with its annual work programme.deleted
2020/06/09
Committee: ITRE
Amendment 163 #

2020/0036(COD)

Proposal for a regulation
Recital 20
(20) As citizens and communities have a powerful role to play in driving the transformation towards climate neutrality forward, strong public and social engagement on climate action should be facilitated. The Commission should therefore engage with all parts of society to enable and empower them to take action towards a climate-neutral and climate-resilient society, including through launching a European Climate Pact.deleted
2020/06/09
Committee: ITRE
Amendment 166 #

2020/0036(COD)

Proposal for a regulation
Recital 21
(21) In order to provide predictability and confidence for all economic actors, including businesses, workers, investors and consumers, to ensure that the transition towards climate neutrality is irreversible, to ensure gradual reduction over time and to assist in the assessment of the consistency of measures and progress with the climate-neutrality objective, 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 to set out a trajectory for achieving net zero greenhouse gas emissions in the Union by 2050. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making37 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 37 OJ L 123, 12.5.2016, p. 1.deleted
2020/06/09
Committee: ITRE
Amendment 171 #

2020/0036(COD)

Proposal for a regulation
Recital 22
(22) In line with the Commission’s commitment to the principles on Better Law-Making, coherence of the Union instruments as regards greenhouse gas emissions reductions should be sought. The system of measuring the progress towards the achievement of the climate- neutrality objective as well as the consistency of measures taken with that objective should build upon and be consistent with the governance framework laid down in Regulation (EU) 2018/1999. In particular, the system of reporting on a regular basis and the sequencing of the Commission’s assessment and actions on the basis of the reporting should be aligned to the requirements to submit information and provide reports by Member States laid down in Regulation (EU) 2018/1999. Regulation (EU) 2018/1999 should therefore be amended in order to include the climate-neutrality objective in the relevant provisions.deleted
2020/06/09
Committee: ITRE
Amendment 172 #

2020/0036(COD)

Proposal for a regulation
Recital 23
(23) Climate change is by definition a trans-boundary challenge and a coordinated action at Union level is needed to effectively supplement and reinforce national policies. Since the objectives of this Regulation, namely to achieve climate neutrality in the Union by 2050, cannot be sufficiently achieved by the Member States alone, but can rather, by reason of the scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary to achieve those objectives,deleted
2020/06/09
Committee: ITRE
Amendment 179 #

2020/0036(COD)

Proposal for a regulation
Article 1 – paragraph 1
This Regulation establishes a framework for the irreversible and gradual reduction of greenhouse gas emissions and enhancement of removals by natural or other sinks in the Union. HAVE ADOPTED THIS DIRECTIVE: This Directive aims to promote the necessary transition to a rational environmental policy. To this end, the EU Member States and the EU institutions must review, question and, if necessary, adapt all existing policies. When taking measures to protect the environment and adapt to climate change at national and Union level, Member States and the European Parliament, the Council and the Commission should pay particular attention to the medium and long-term socio-economic consequences of the Corona crisis, the well-being of citizens, the prosperity of society and the competitiveness of the economy.
2020/06/09
Committee: ITRE
Amendment 185 #

2020/0036(COD)

Proposal for a regulation
Article 1 – paragraph 2
This Regulation sets out a binding objective of climate neutrality in the Union by 2050 in pursuit of the long-term temperature goal set out in Article 2 of the Paris Agreement, and provides a framework for achieving progress in pursuit of the global adaptation goal established in Article 7 of the Paris Agreement.deleted
2020/06/09
Committee: ITRE
Amendment 190 #

2020/0036(COD)

Proposal for a regulation
Article 1 – paragraph 3
This Regulation applies to anthropogenic emissions and removals by natural or other sinks of the greenhouse gases listed in Part 2 of Annex V to Regulation (EU) 2018/1999.deleted
2020/06/09
Committee: ITRE
Amendment 194 #

2020/0036(COD)

Proposal for a regulation
Article 2 – title
2 Climate-neutralitReassessment of environmental and climate policy objectives
2020/06/09
Committee: ITRE
Amendment 196 #

2020/0036(COD)

Proposal for a regulation
Article 2 – paragraph 1
1. Union-wide emissions and removals of greenhouse gases regulated in Union law shall be balanced at the latest by 2050, thus reducing emissions to net zero by that date. The policies of the EU Member States and the EU institutions have for some time now been focused merely on the highest conceivable reduction of greenhouse gases within the framework of a "climate policy" that can be described as essentially ideological, which shall primarily be achieved through economic intervention in the free market economy and a policy of prohibition. The focus is shifting more and more towards spectacular reduction targets that can neither be scientifically substantiated nor take into account the economic premises necessary for protective measures of any kind. Environmental protection is only possible in a free society that provides the technical innovative power and the necessary economic performance to make this feasible. More and more often, not even ecological considerations are given the necessary space; for example, when the environmental damage caused by the mining of resources for batteries to pursue renewable energy production, which up to now has been promoted by politics, is shifted to non-European countries. It is therefore essential, not only in the wake of the COVID-19 pandemic which is putting an unprecedented pressure on our economy, that the EU institutions and their Member States review, question and, where necessary, adapt all existing policies. This includes in particular the EU regulations mentioned above, namely Directive 2003/87/EC (greenhouse gas emission allowance trading), Regulation(EU) 2018/842 (national targets for the reduction of greenhouse gas emissions), Regulation (EU) 2018/841(compensation of greenhouse gases) and Regulation (EU)2018/1999 (governance system for the Energy Union and climate protection), but also, downstream, Directive 2012/27/EU (energy efficiency), Directive (EU)2018/2001 (use of renewable energies) and Directive 2010/31/EU (building efficiency) and, if necessary, other EU regulations. Adaptation to ongoing natural climate change, the causes of which must be further researched by independent scientists, must be at the heart of future policy.
2020/06/09
Committee: ITRE
Amendment 204 #

2020/0036(COD)

Proposal for a regulation
Article 2 – paragraph 2
2. The relevant Union institutions and the Member States shall take the necessary measures at Union andor national level respectively, to enable the collective achievement of the climate-neutralityin accordance with the principle of subsidiarity, to enable the objectives set out in paragraph 1 to be achieved jointly, taking into account the importance of promoting fairness and solidarity among Member States. between Member States. In addition, EU Member States are called upon to reassess their commitments under the Paris Agreement.
2020/06/09
Committee: ITRE
Amendment 216 #

2020/0036(COD)

Proposal for a regulation
Article 2 – paragraph 3
3. By September 20201, the Commission shall review the Union's 2030 target for climate referred to in Article 2(11) of Regulation (EU) 2018/1999 in lightview of the climate-neutrality objective set out in Article 2(1), and explore options for a new 2030 target of 50 to 55% emission reductions compared to 1990. Where the Commission considers that itreassessment set out in Article 2(1). Furthermore, the Commission should examine the extent to which Regulation (EU) 2018/1999 is affecting the economies of the EU Member States and, isf necessary to amend that target, it shall make proposals to the European Parliament, draw up proposals to adapt this Regulation so that the Member States, while respecting their sovereignty, can once again, take measures to implement a rational environmental policy that protects the environment for people, safeguards their health and toat the Council as appropriatesame time enables economic development.
2020/06/09
Committee: ITRE
Amendment 222 #

2020/0036(COD)

Proposal for a regulation
Article 2 – paragraph 4
4. By 30 June 2021, the Commission shall assess how the Union legislation implementing the Union’s 2030 target would need to be amended in order to enable the achievement of 50 to 55 % emission reductions compared to 1990 and to achieve the climate-neutrality- objective set out in Article 2(1), and consider taking the necessary measures, including the adoption of legislative proposals, in accordance with the Treaties.deleted
2020/06/09
Committee: ITRE
Amendment 245 #

2020/0036(COD)

Proposal for a regulation
Article 3 – title
3 Trajectory for achieving climate neutralityDelegated legislation
2020/06/09
Committee: ITRE
Amendment 247 #

2020/0036(COD)

Proposal for a regulation
Article 3 – paragraph 1
1. The Commission is empowered to adopt delegated acts in accordance with Article 9 to supplement this Regulation by setting out a trajectory at Union level to achieve the climate-neutrality objective set out in Article 2(1) until 2050. At the latest within six months after each global stocktake referred to in Article 14 of the Paris Agreement, the Commission shall review the trajectoryIrrespective of the policy field, it must be understood that any inappropriate request by an EU institution to usurp competences beyond those laid down in the Treaties must be rejected in the strongest terms. Specifically, this includes the Commission's request that it be given the power to impose decisions of a fundamental nature by means of delegated legislation, to which Parliament and the Council would only have a right of objection retrospectively. Such a request from an executive authority that is largely made up of unelected officials and therefore lacks sufficient democratic legitimacy is unacceptable, whatever the subject matter. Rather, decisions of a fundamental nature, such as the setting of possible emission reduction targets for 2030 or beyond, are the sole responsibility of the EU Member States and thus at EU level of the European Council.
2020/06/09
Committee: ITRE
Amendment 254 #

2020/0036(COD)

Proposal for a regulation
Article 3 – paragraph 2
2. The trajectory shall start from the Union’s 2030 target for climate referred to in Article 2(3).deleted
2020/06/09
Committee: ITRE
Amendment 259 #

2020/0036(COD)

Proposal for a regulation
Article 3 – paragraph 3
3. When setting a trajectory in accordance with paragraph 1, the Commission shall consider the following: (a) efficiency; (b) competiveness of the Union’s economy; (c) (d) energy efficiency, energy affordability and security of supply; (e) fairness and solidarity between and within Member States; (f) effectiveness and progression over time; (g) investment needs and opportunities; (h) socially fair transition; (i) efforts undertaken to achieve the long- term objectives of the Paris Agreedeleted cost-effectiveness and economic best available technology; the need to ensure environmental the need to ensure a just and international developments and the ultimate objective of the United Nations Framework Convention on Climate Change; (j) scientific evidence, including the latest reports of the IPCC.best available and most recent
2020/06/09
Committee: ITRE
Amendment 366 #

2020/0036(COD)

Proposal for a regulation
Article 4 – paragraph 1
1. The Member States and the relevant Union institutions and the Member States shall ensure continuous progress in enhancing adaptive capacity, strengthening resilience and reducing vulnerability to climate change in accordance with Article 7 of the Paris Agreement.
2020/06/09
Committee: ITRE
Amendment 372 #

2020/0036(COD)

Proposal for a regulation
Article 5 – title
5 Assessment of Union progress and measures in the sense of a rational environmental policy
2020/06/09
Committee: ITRE
Amendment 373 #

2020/0036(COD)

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 – introductory part
By 30 September 2023, and every 5 years thereafter, the Commission shall assess, together with the assessment foreseen under Article 29(5) of Regulation (EU) 2018/1999:In the course of a readjustment of Regulation (EU)2018/1999, which would previously have to be covered by an adaptation of the European Council Conclusions, the evaluation and reporting mechanisms contained therein also need to be re-established. According to Art. 1 and Art. 2(1) the new framework must be based on the principles of a rational environmental policy.
2020/06/09
Committee: ITRE
Amendment 378 #

2020/0036(COD)

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 – point a
(a) the collective progress made by all Member States towards the achievement of the climate-neutrality objective set out in Article 2(1) as expressed by the trajectory referred to in Article 3(1);deleted
2020/06/09
Committee: ITRE
Amendment 383 #

2020/0036(COD)

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 – point b
(b) the collective progress made by all Member States on adaptation as referred to in Article 4.deleted
2020/06/09
Committee: ITRE
Amendment 395 #

2020/0036(COD)

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 2
The Commission shall submit the conclusions of that assessment, together with the State of the Energy Union Report prepared in the respective calendar year in accordance with Article 35 of Regulation (EU) 2018/1999, to the European Parliament and to the Council.deleted
2020/06/09
Committee: ITRE
Amendment 398 #

2020/0036(COD)

Proposal for a regulation
Article 5 – paragraph 2
2. By 30 September 2023, and every 5 years thereafter, the Commission shall review: (a) the consistency of Union measures with the climate-neutrality objective set out in Article 2(1) as expressed by the trajectory referred to in Article 3(1); (b) the adequacy of Union measures to ensure progress on adaptation as referred to in Article 4.deleted
2020/06/09
Committee: ITRE
Amendment 412 #

2020/0036(COD)

Proposal for a regulation
Article 5 – paragraph 3
3. Where, based on the assessment referred to in paragraphs 1 and 2, the Commission finds that Union measures are inconsistent with the climate- neutrality objective set out in Article 2(1) or inadequate to ensure progress on adaptation as referred to in Article 4, or that the progress towards either the climate-neutrality objective or on adaptation as referred to in Article 4 is insufficient, it shall take the necessary measures in accordance with the Treaties, at the same time as the review of the trajectory referred to in Article 3(1).deleted
2020/06/09
Committee: ITRE
Amendment 416 #

2020/0036(COD)

Proposal for a regulation
Article 5 – paragraph 4
4. The Commission shall assess any draft measure or legislative proposal in light of the climate-neutrality objective set out in Article 2(1) as expressed by the trajectory referred to in Article 3(1) before adoption, and include this analysis in any impact assessment accompanying these measures or proposals, and make the result of that assessment public at the time of adoption.deleted
2020/06/09
Committee: ITRE
Amendment 422 #

2020/0036(COD)

Proposal for a regulation
Article 6 – title
6 AssessmenReport of national measures
2020/06/09
Committee: ITRE
Amendment 423 #

2020/0036(COD)

Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 – introductory part
By 30 SeptemStarting from 31 October 2023,31 and every 5 years, thereafterat intervals to be determined if the need arises, the Commission shall assesscollect:
2020/06/09
Committee: ITRE
Amendment 429 #

2020/0036(COD)

Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 – point a
(a) the consistency of national measures identified, on the basis of the National Energy and Climate Plans or the Biennial Progress Reports submitted in accordance with Regulation (EU) 2018/1999, as relevant for the achievement of the climate-neutrality objective set out in Article 2(1) with that objective as expressed by the trajectory referred to in Article 3(1)change adaptation or a new mechanism for the evaluation of national measures which in the course of a readjustment of Regulation (EU) 2018/1999 has been adopted. In the absence of new guidelines from the European Council, Regulation (EU)2018/1999 will remain in force unchanged;
2020/06/09
Committee: ITRE
Amendment 433 #

2020/0036(COD)

Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 – point b
(b) the adequacy of relevant national measures to ensure progress on adaptation as referred to in Article 4.deleted
2020/06/09
Committee: ITRE
Amendment 447 #

2020/0036(COD)

Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 2
The Commission shall submit the conclusions of that assessment, together with the State of the Energy Union Report prepared in the respective calendar year in accordance with Article 35 of Regulation (EU) 2018/1999, to the European Parliament and to the Council.deleted
2020/06/09
Committee: ITRE
Amendment 450 #

2020/0036(COD)

Proposal for a regulation
Article 6 – paragraph 2
2. Where the Commission finds, under due consideration of the collective progress assessed in accordance with Article 5(1), that a Member State’s measures are inconsistent with that objective as expressed by the trajectory referred to in Article 3(1) or inadequate to ensure progress on adaptation as referred to in Article 4, it may issue recommendations to that Member State. The Commission shall make such recommendations publicly available.deleted
2020/06/09
Committee: ITRE
Amendment 459 #

2020/0036(COD)

Proposal for a regulation
Article 6 – paragraph 3
3. Where a recommendation is issued in accordance with paragraph 2, the following principles shall apply: (a) the Member State concerned shall take due account of the recommendation in a spirit of solidarity between Member States and the Union and between Member States; (b) the Member State concerned shall set out, in its first progress report submitted in accordance with Article 17 of Regulation (EU) 2018/1999, in the year following the year in which the recommendation was issued, how it has taken due account of the recommendation. If the Member State concerned decides not to address a recommendation or a substantial part thereof, that Member State shall provide the Commission its reasoning; (c) the recommendations should be complementary to the latest country- specific recommendations issued in the context of the European Semester.deleted
2020/06/09
Committee: ITRE
Amendment 465 #

2020/0036(COD)

Proposal for a regulation
Article 7 – paragraph 1 – introductory part
1. In addition to the national measures referred to in Article 6(1)(a), and until such time as Regulation (EU) 2018/1999 has been adapted as referred to above, the Commission shall base its assessment referred to in Articles 5 and 6 on at least the following:
2020/06/09
Committee: ITRE
Amendment 470 #

2020/0036(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point d
(d) best available scientific evidence, including the latest reports of the IPCC; and
2020/06/09
Committee: ITRE
Amendment 473 #

2020/0036(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point e
(e) any supplementary information on environmentally sustainable investment, by the Union and Member States, including, when available, investment consistent with Regulation (EU) 2020/… [Taxonomy Regulation].
2020/06/09
Committee: ITRE
Amendment 476 #

2020/0036(COD)

Proposal for a regulation
Article 8 – paragraph 1
The Commission shallMember States may engage with all parts of society to enable and empower them to take action towards a climate- neutral and climate-resilient society. The Commission shall facilitate an inclusive and accessible process at all levels, including at national, regional and local level and with social partners, citizens and civil society, for the exchange of best practice and to identify actions to contribute to the achievement of the objectives of this Regulation. In addition, the Commission may also draw on the multilevel climate and energy dialogues as set up by Member States in accordance with Article 11 of Regulation (EU) 2018/1999resilient society.
2020/06/09
Committee: ITRE
Amendment 482 #

2020/0036(COD)

Proposal for a regulation
Article 8 – paragraph 1 a (new)
The Commission, for the exchange of the best practice and to identify actions to contribute to the achievement of the objectives of this Regulation, shall draw on the multilevel dialogues for an environmentally friendly and climate- resilient society as set up by the Member States in accordance with Article 11 of Regulation (EU)2018/1999.
2020/06/09
Committee: ITRE
Amendment 486 #

2020/0036(COD)

Proposal for a regulation
Article 9 – title
9 Exercise of thePrinciples of delegation
2020/06/09
Committee: ITRE
Amendment 487 #

2020/0036(COD)

Proposal for a regulation
Article 9 – paragraph 1
1. The power to adopt delegated acts referred to in Article 3(1) is conferred on the Commission subject to the conditions laid down in this Articledoes not apply here, since decisions of a fundamental nature pursuant to Article 290(1) TFEU may not be taken by delegated act.
2020/06/09
Committee: ITRE
Amendment 488 #

2020/0036(COD)

Proposal for a regulation
Article 9 – paragraph 2
2. The power to adopt delegated acts referred to in Article 3(1) shall be conferred on the Commission for an indeterminate period of time from …[OP: date of entry into force of this Regulation].
2020/06/09
Committee: ITRE
Amendment 489 #

2020/0036(COD)

Proposal for a regulation
Article 9 – paragraph 3
3. The delegation of power referred to in Article 3(1) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.deleted
2020/06/09
Committee: ITRE
Amendment 490 #

2020/0036(COD)

Proposal for a regulation
Article 9 – paragraph 4
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.
2020/06/09
Committee: ITRE
Amendment 491 #

2020/0036(COD)

Proposal for a regulation
Article 9 – paragraph 5
5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
2020/06/09
Committee: ITRE
Amendment 492 #

2020/0036(COD)

Proposal for a regulation
Article 9 – paragraph 6
6. A delegated act adopted pursuant to Article 3 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and to 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.
2020/06/09
Committee: ITRE
Amendment 495 #

2020/0036(COD)

Proposal for a regulation
Article 10
Regulation (EU) 2018/1999
Articles 1, 2, 3, 8, 11 and 15; Annex I and IV
[...]deleted
2020/06/09
Committee: ITRE
Amendment 522 #

2020/0036(COD)

Proposal for a regulation
Article 10 a (new)
Article 10 a The EU Member States and the European Council are called upon to reassess their previous commitments and conclusions of the European Council with regard to the so-called climate targets for 2030 and climate neutrality for 2050, and, if necessary, to adapt them within a reasonable period of time so that they can be implemented for the benefit of citizens, companies and the environment without jeopardising or even destroying entire branches of industry and millions of jobs through unrealistic emission reductions based on ideology-based models. On the basis of any new Conclusions of the European Council in the sense of a rational environmental policy, the Commission, as the downstream authority, is called upon to subsequently submit a proposal for the amendment of Regulation (EU) 2018/1999 accordingly.
2020/06/09
Committee: ITRE
Amendment 523 #

2020/0036(COD)

Proposal for a regulation
Article 11 – paragraph 1
This RegulationDirective shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
2020/06/09
Committee: ITRE
Amendment 524 #

2020/0036(COD)

Proposal for a regulation
Article 11 – paragraph 2
This Regulation shall be binding in its entirety and directly applicable in allDirective is addressed to the Member States.
2020/06/09
Committee: ITRE
Amendment 5 #

2019/2204(INI)

Motion for a resolution
Recital D
D. whereas the 2016 Commission evaluation concluded that the objectives of the Defence Procurement Directive had only been achieved partially, since it allowed for an initial increase in competition, transparency and non- discrimination in the EU’s defence procurement market, but much more progress in Member States’ consistent use of the directive was needed to fully achieve those objectives fullyshowing a preference for local or European manufacturing in defence procurement;
2020/11/11
Committee: IMCO
Amendment 6 #

2019/2204(INI)

Motion for a resolution
Recital D a (new)
Da. whereas following the military stances adopted by Erdoğan recently, Turkey is no longer a reliable ally in the fields of defence and security like other NATO members;
2020/11/11
Committee: IMCO
Amendment 8 #

2019/2204(INI)

Motion for a resolution
Recital E a (new)
Ea. whereas the EPRS report (p. 111) states that: ‘American FMS sales (foreign military sales) for the period 2016-2018 accounted for USD 55 billion or 32 % of the total defence procurement expenditure for all EU countries’; whereas Greece purchased 30 F-16 (FMS) in the midst of the Greek euro crisis of 2009-2010;
2020/11/11
Committee: IMCO
Amendment 11 #

2019/2204(INI)

Motion for a resolution
Recital G a (new)
Ga. whereas there is a need to protect and strengthen European subcontractors and manufacturers of critical components or systems in light of the predatory approach of third country undertakings;
2020/11/11
Committee: IMCO
Amendment 21 #

2019/2204(INI)

Motion for a resolution
Paragraph 2 a (new)
2a. Recalls in particular that the development of a European defence technological and industrial base requires the establishment of a European preference for local or European production in defence procurement in Europe;
2020/11/11
Committee: IMCO
Amendment 23 #

2019/2204(INI)

Motion for a resolution
Paragraph 2 b (new)
2b. Considers that too many Member States source mainly from third countries to meet their defence needs;
2020/11/11
Committee: IMCO
Amendment 27 #

2019/2204(INI)

Motion for a resolution
Paragraph 3
3. Believes, in this regard, that the Commission should take a more proactive role in monitoring the G2G exclusions used by the Member States in their awarding of contracts outside the scope of the Defence Procurement Directive, and should not be mainly reliant on received complaints filed by the industry;
2020/11/11
Committee: IMCO
Amendment 29 #

2019/2204(INI)

Motion for a resolution
Paragraph 3 a (new)
3a. Considers that when a contracting authority authorises economic operators from countries outside the European Union or the European Economic Area to participate in a procedure for the award of defence or security contracts, this authorisation must take into account, inter alia, the requirements of security of information and supply, the safeguarding of defence and state security interests, the interest in developing the European defence technological and industrial base and the requirements of reciprocity;
2020/11/11
Committee: IMCO
Amendment 30 #

2019/2204(INI)

Motion for a resolution
Paragraph 3 b (new)
3b. Deplores the use of G2G exclusions to allow for FMS acquisitions on a very large scale from third country partners and the distortions of competition suffered by European actors;
2020/11/11
Committee: IMCO
Amendment 33 #

2019/2204(INI)

Motion for a resolution
Paragraph 4
4. Considers that there is still a strong need to focus on the effective implementation of the Defence Procurement Directive, considers that, for that to happen, the Member States should focus on ensuring equal treatment of suppliers of hardware manufactured in Europe, transparency and competition and that the Commission should focus on providing the Member States with further guidelines on the application of the provisions laid down in the directive;
2020/11/11
Committee: IMCO
Amendment 34 #

2019/2204(INI)

Motion for a resolution
Paragraph 4 a (new)
4a. Stresses the need for coherence between the implementation of Directive 2009/81 and the European Defence Fund; as such, calls for tenders financed by ‘European’ funds should be reserved for European solutions;
2020/11/11
Committee: IMCO
Amendment 39 #

2019/2204(INI)

Motion for a resolution
Paragraph 5 a (new)
5a. Wishes, on the other hand, for the exclusion be made more flexible for defence and security cooperation so as to allow for the participation of an additional Member State in a project, even after the R&D phase, and for it to be expanded to cover other forms of cooperation, such as cross-purchases between two Member States and government-to-government markets between Member States, and for user clubs to be created for solutions developed and conceived under the leadership of European industry;
2020/11/11
Committee: IMCO
Amendment 40 #

2019/2204(INI)

Motion for a resolution
Paragraph 5 b (new)
5b. Considers that the Commission should clarify the conditions for the application of the government-to- government exclusion in order to avoid anti-competitive practices organised by third countries, such as foreign military sales (FMS), which lead to unfair competition and seriously hamper the capabilities of Member States’ companies; calls also for the guidance note on ‘government-to-government’ exclusion to cover new forms of procurement such as the Global-FMS concept;
2020/11/11
Committee: IMCO
Amendment 41 #

2019/2204(INI)

Motion for a resolution
Paragraph 5 c (new)
5c. Calls for greater transparency on the advantages offered by the direct and indirect compensation negotiated by third countries in the European Union;
2020/11/11
Committee: IMCO
Amendment 49 #

2019/2204(INI)

Motion for a resolution
Paragraph 10 a (new)
10a. Recalls that the export of defence- related products, both within the Union and to non-EU countries, must remain at the sole discretion of the Member States.
2020/11/11
Committee: IMCO
Amendment 58 #

2019/2204(INI)

Motion for a resolution
Paragraph 18
18. Calls on the Commission to introduce a quicker simplified preliminary procedure in the first phase of the infringement procedure (administrative letter requesting explanations) in the event of a clear distortion of competition detrimental to a European company, and to be bold in enforcing the directives, including, where necessary, by making use of infringement procedures;
2020/11/11
Committee: IMCO
Amendment 66 #

2019/2204(INI)

Motion for a resolution
Paragraph 21 a (new)
21a. Recalls the strategic nature of supply chain security and reaffirms the importance of provisions concerning subcontracting aimed at dramatically limiting the risks associated with supply chains being open or interrupted;
2020/11/11
Committee: IMCO
Amendment 71 #

2019/2204(INI)

Motion for a resolution
Paragraph 25
25. Considers that better implementation of the directives is critical in order to attain the overarching objective of improving the functioning of the internal market for defence products and of contributing to the establishment of an open EDEM; prioritising European or locally produced hardware;
2020/11/11
Committee: IMCO
Amendment 72 #

2019/2204(INI)

Motion for a resolution
Paragraph 25 a (new)
25a. Recalls the need to strengthen Member States’ strategic autonomy and technological sovereignty by reducing technological and industrial dependencies and by better controlling foreign subsidies and foreign direct investment in Europe, in order to protect critical European companies against attempts by third countries to control them;
2020/11/11
Committee: IMCO
Amendment 41 #

2019/2190(INI)

Motion for a resolution
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 and in particular products from outside the EU; calls, therefore, on the Commission and Member States to strengthen their coordinated actions within the product safety framework;
2020/05/20
Committee: IMCO
Amendment 56 #

2019/2190(INI)

Motion for a resolution
Paragraph 3
3. Points out the need to adapt product safety rules to the digital world; asks the Commission to address the challenges of emerging technologies such as artificial intelligence (AI), the internet of things (IoT) and robotics in its revision of the General Product Safety Directive (GPSD), and to identify and close gaps within existing legislation such as the Machinery Directive and Radio Equipment Directive, whileensuring coherence among all the different initiatives and avoiding duplicating legislation;
2020/05/20
Committee: IMCO
Amendment 91 #

2019/2190(INI)

Motion for a resolution
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 and SMEs to reduce the burden such measures can create;
2020/05/20
Committee: IMCO
Amendment 107 #

2019/2190(INI)

Motion for a resolution
Paragraph 9
9. Asks the Commission and the Member States to take account of the autonomous self-learning behaviour of AI throughout a product’s lifetime; calls for human oversight and effective checks on high-risk AI products to ensure trust and product safety;
2020/05/20
Committee: IMCO
Amendment 113 #

2019/2190(INI)

Motion for a resolution
Paragraph 10
10. Encourages economic operatomerging technologies' providers to integrate safety mechanisms in emerging technologies, including self-repair mechanisms, to prevent the upload of unsafe software, raise awareness of safety problems of their products, and ensure safety throughout their lifecycle;
2020/05/20
Committee: IMCO
Amendment 119 #

2019/2190(INI)

Motion for a resolution
Paragraph 11
11. Calls on the Commission and the Member States to enhance connectivity infrastructure, including 5G, in order to improve the safety of connected products while keeping citizens' health as the greater good;
2020/05/20
Committee: IMCO
Amendment 135 #

2019/2190(INI)

Motion for a resolution
Paragraph 13
13. Calls on the Commission to speed up its efforts to develop a European cybersecurity certification schemes for AI, IoT and robotics products, and to assess whether to create mandatory certification schemes for specific consumer products that can be quickly updated to adapt to current risks without hindering innovation;
2020/05/20
Committee: IMCO
Amendment 153 #

2019/2190(INI)

Motion for a resolution
Paragraph 14
14. Encourages Member States to increase the resources and expertise of their market surveillance authorities, to enhance cooperation among them, including particular at cross-border level, improve the efficiency and effectiveness of checks, especially where freight traffic is high such as in ports, and properly staff custom authorities so as to be able to identify unsafe products, in particular from third countries, track their origin and prevent and stop their circulation in the internal market;
2020/05/20
Committee: IMCO
Amendment 178 #

2019/2190(INI)

Motion for a resolution
Paragraph 17
17. Stresses that products directly purchased by consumers from non-EU economic operators must be subject to effective controls on their quality, origin and compliance to the EU regulatory framework; calls on market surveillance authorities to undertake adequate checks on these products and to keep the ICSMS system updated;
2020/05/20
Committee: IMCO
Amendment 199 #

2019/2190(INI)

Motion for a resolution
Paragraph 19
19. Urges the Commission to improve and increase, 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 products;
2020/05/20
Committee: IMCO
Amendment 244 #

2019/2190(INI)

Motion for a resolution
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 block misleading advertisements of these products;
2020/05/20
Committee: IMCO
Amendment 261 #

2019/2190(INI)

Motion for a resolution
Paragraph 28
28. Emphasises that traceability along the supply chain is key to improving the safety and quality of products, 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;
2020/05/20
Committee: IMCO
Amendment 264 #

2019/2190(INI)

Motion for a resolution
Paragraph 28 a (new)
28a. Stresses that the lack of EU mandatory rules on origin labelling of products and their main components generates uncertainty to consumers who are often misled by the packaging itself; points out that an EU effective and binding traceability system would ensure a higher level of consumer safety for all products placed on the EU market;
2020/05/20
Committee: IMCO
Amendment 18 #

2019/2176(INI)

Draft opinion
Paragraph 1
1. Calls on the European Commission, the High Representative for Foreign Affairs and Security Policy, the EU Council and all EU Member States to table a new resolution in the UN Security Council calling for political and economic sanctions against Turkey, stopping the pre- accession assistance and aborting all accession negotiations for its acts of aggression in the eastern Mediterranean and for its non-compliance with Resolutions 550 (1984) and 789 (1992) of the UN Security Council.
2020/06/08
Committee: PETI
Amendment 6 #

2019/2157(INI)

Draft opinion
Paragraph 1
1. Underlines that there is no specific legal basis for a common EU forest policy; points out, however, that many EU policies have an impact on forests and the forest- based sector and require stronger cross- sectoral coordination;
2020/03/30
Committee: ITRE
Amendment 41 #

2019/2157(INI)

Draft opinion
Paragraph 3
3. Notes that forest-based industry is a key driving force behind the circular bioeconomy; encourages the Member States to support recyclable and bio-based European products through public procurement and investment support;
2020/03/30
Committee: ITRE
Amendment 71 #

2019/2157(INI)

Draft opinion
Paragraph 6
6. Stresses that there is a continued need for sustained support for forest- related research and innovation throughout the forest value chain, including wood- based products to be used as plastic substitute packaging materials, smart and clothing fibres and medicines, in order to reduce the dependence of European production chains on imports from non- EU countries in the event of a crisis;
2020/03/30
Committee: ITRE
Amendment 9 #

2019/2028(BUD)

Draft opinion
Paragraph 3
3. Underlines the importance of a robust consumer policy that gives protection and predictability to consumers both offline and online, and confidence to businesses to provide their goods and services across the internal market, while also keeping the bureaucratic burden for SMEs to a minimum;
2019/07/25
Committee: IMCO
Amendment 7 #

2019/0142M(NLE)

Motion for a resolution
Recital G a (new)
Ga. whereas unequal requirements concerning environmental protection, measures to tackle the climate crisis, or the use of antibiotics and plant protection products, and the associated lack of protection of the European market, result in a worrying distortion of competition for European agriculture;
2019/11/12
Committee: INTA
Amendment 20 #

2019/0142M(NLE)

Motion for a resolution
Paragraph 2
2. Welcomes and acknowledges the fact that, while it remains unclear whether any compensation has been foreseen, other WTO members that export beef to the EU agreed to support this agreement by accepting that the vast majority of the quota would be allocated to the US;. No compensation is planned for this.
2019/11/12
Committee: INTA
Amendment 30 #

2019/0142M(NLE)

Motion for a resolution
Paragraph 4
4. Stresses the importance of findingavoiding one-sided negotiated solutions, such as this agreement, toas a way of diluteing trade tensions between the EU and the US by means of measures that are not accompanied by any quid pro quo;
2019/11/12
Committee: INTA
Amendment 70 #

2018/0356M(NLE)

Motion for a resolution
Paragraph 2 a (new)
2a. Points out that Vietnam is a founding member of the TPP and is currently taking part in the RCEP negotiations; notes that, it has concluded a number of free-trade agreements with countries in the region under ASEAN arrangements; highlights accordingly the potential risk of importing from Vietnam agricultural and other products of doubtful origin, some of them from countries with which Europe does not have direct agreements; stresses, therefore, the importance of effective monitoring arrangements to ensure the safety of products imported from Vietnam and verify their origin;
2019/11/13
Committee: INTA
Amendment 86 #

2018/0356M(NLE)

Motion for a resolution
Paragraph 4
4. Is convincedHopes that the agreement will make further strides towards setting high standards and rules in the ASEAN region, helping to pave the way for a future region-to-region trade and investment agreement; stresses that the agreement also sends a strong signal in favour of open and free trade at times of protectionist tendencies and the questioning of multilateral rules-based tradeprogress in terms of high standards and standards in the ASEAN region;
2019/11/13
Committee: INTA
Amendment 102 #

2018/0356M(NLE)

Motion for a resolution
Paragraph 6
6. Stresses theHopes for genuinely improved access under this agreement to Vietnamese public procurement in line with the Government Procurement Agreement (GPA), as Vietnam is not yet a member of the GPA; underlines that the government procurement chapter of the EVFTA achieves a degree of transparency and procedural fairness comparable to other FTAs that the EU has signed with developed and more advanced developing countries;
2019/11/13
Committee: INTA
Amendment 106 #

2018/0356M(NLE)

Motion for a resolution
Paragraph 7
7. Welcomes the fact thatStresses that only around 169 EU geographical indications will benefit from recognition and protection on the Vietnamese market at a comparable level to that of EU legislation, in view of the fact that Vietnam is an important export market in Asia for EU food and drink exports; points out that this list will need to be substantially increased in the immediate future;
2019/11/13
Committee: INTA
Amendment 114 #

2018/0356M(NLE)

Motion for a resolution
Paragraph 8 a (new)
8a. Notes with concern a number of major shortcomings in respect of human rights and fundamental freedoms, such as freedom of expression, freedom of the press and freedom of association; is deeply concerned by the numerous systematic infringements of fundamental rights;
2019/11/13
Committee: INTA
Amendment 117 #

2018/0356M(NLE)

Motion for a resolution
Paragraph 9
9. RecallNotes that the system of intellectual property protection is still too muddled, containing a number of gaps and several inconsistencies with European rules; hopes that the EVFTA will help Vietnam go further in improvsecuring IPR protection, to the benefit of IPR owners and consumers, as Vietnam will accede to the World Intellectual Property Organisation (WIPO) Internet Treaties, which set standards to prevent unauthorised online access to or use of creative work, protect the rights of owners, and address the challenges that new technologies and methods of communication pose to IPR;
2019/11/13
Committee: INTA
Amendment 157 #

2018/0356M(NLE)

Motion for a resolution
Paragraph 13 a (new)
13a. Notes that the country’s rapid economic development, with the expansion of the industry and services sectors, is causing increased environmental damage, which is having a serious impact on agricultural and marine biodiversity, while unregulated intensive agriculture is causing deforestation and soil deterioration, threatening biodiversity and water quality and undermining sustainable development goals; notes that Vietnam should apply a strict protection and conservation plan for the environment and marine ecosystem;
2019/11/13
Committee: INTA
Amendment 162 #

2018/0356M(NLE)

Motion for a resolution
Paragraph 14
14. WelcomStresses the commitment to effectively implement multilateral environmental agreements such as the Paris Agreement on climate change, and to act in favour of the conservation and sustainable management of wildlife, biodiversity and forestry; recalls that the Agreement provides for specific measures to fight against Illegal, Unreported and Unregulated fishing (IUU) and to promote a sustainable and responsible fishery sector, including aquaculture, in this context, that Vietnam is the fourth largest polluter of the world’s oceans with plastic waste; points out that, given the effort and commitment required by the European Union of its producers, it makes no sense to conclude trade agreements with partners that do not respect EU environmental values and are not genuinely committed to protecting the environment, since those importing from these countries are simply contributing to environmental damage and encouraging competition with EU companies that are rightly subject to stringent environmental constraints;
2019/11/13
Committee: INTA
Amendment 173 #

2018/0356M(NLE)

Motion for a resolution
Paragraph 14 a (new)
14a. Notes that the fisheries sector is a highly sensitive area regarding relations between the European Union and Vietnam; recalls that Vietnam received an initial warning from the European Commission in October 2017 and is currently under observation and that, if no corrective measures are taken, fishery products from Vietnam could be banned; observes, in this regard, that Vietnam should firmly commit to combating illegal, unreported and unregulated fishing activities; takes the view the Union should monitor the situation and require scrupulous checks by Vietnam to ensure that no illegal fishery products arrive on the Union market;
2019/11/13
Committee: INTA
Amendment 174 #

2018/0356M(NLE)

Motion for a resolution
Paragraph 14 b (new)
14b. Recalls the major problems faced by the Vietnamese authorities, in particular its oversized fishing fleet, the over-exploitation of marine resources and the inefficiency of controls; expresses the greatest concern, therefore, with regard to imports and calls for the rigorous monitoring of control systems;
2019/11/13
Committee: INTA
Amendment 175 #

2018/0356M(NLE)

Motion for a resolution
Paragraph 14 c (new)
14c. Expresses its serious concern, regarding agricultural imports, at the zero-duty rice quota of 80 000 tonnes; fails to understand the reason for such a large amount, given that the average annual quantity of rice imported from Vietnam to date is around 25 000 tonnes; points out that, at a time when Cambodian rice safeguard clauses are being activated, it is risky to establish such a large rice import quota that might damage the European rice industry, forcing it to reduce production, with serious repercussions in terms of quantity and quality;
2019/11/13
Committee: INTA
Amendment 176 #

2018/0356M(NLE)

Motion for a resolution
Paragraph 14 d (new)
14d. Recalls that increasing dependence on rice imports from Asia is a major factor in increasing the volatility of rice prices; points out that world global population growth vastly exceeds the capacity to increase world rice production; notes that the combination of import dependency and reduced domestic production could create future supply problems for the EU; points out that water from the Mekong river, one of the most polluted in the world, is being used for rice cultivation; it is therefore necessary to control both the quality of the final product and the production chain in order to verify compliance with European standards and requirements and ensure that no banned substances are used during processing in Europe that might have an adverse environmental impact, even if no trace of them remain in the final product;
2019/11/13
Committee: INTA
Amendment 177 #

2018/0356M(NLE)

Motion for a resolution
Paragraph 14 e (new)
14e. Calls for technical management measures designed to progressively dilute and keep track of the effects of the 80 000-tonne quota;
2019/11/13
Committee: INTA
Amendment 178 #

2018/0356M(NLE)

Motion for a resolution
Paragraph 14 f (new)
14f. Recommends that the quota be accorded in two half-yearly tranches; if, for one or more of the three sub-quotas - 30 000 tonnes of aromatic rice, 30 000 tonnes of milled rice and 20 000 tonnes of husked rice - a half-yearly tranche is exhausted before the opening of the next tranche, the duty exemption should not apply to quantities imported after the date of exhaustion up to the commencement of the next half-year; calls for a ban on ‘transfers’ from any unused sub-quotas; if, for three consecutive years, a sub- quota, or over 50 %, thereof, remains unused, it should be suspended;
2019/11/13
Committee: INTA
Amendment 180 #

2018/0356M(NLE)

Motion for a resolution
Paragraph 15
15. AcknowledgesExpresses great concern at revelations regarding the illegal timber trade in Vietnam and the numerous instances of illegal timber trafficking from Laos and Cambodia; acknowledges, in this regard, Vietnam’s engagement to address illegal logging and deforestation through the conclusion of a Voluntary Partnership Agreement on Forest Law Enforcement, Governance and Trade (VPA/FLEGT) with the EU; notes that this agreement has been in force since 1 June 2019 and introduces mandatory due diligence obligations for its importers; welcomes the open and constructive participation of all relevant stakeholders in Vietnam in this process; hopes that measures will be taken to ensure full compliance with agreement, accompanied by the envisaged monitoring procedures;
2019/11/13
Committee: INTA
Amendment 188 #

2018/0356M(NLE)

Motion for a resolution
Paragraph 17
17. Calls for enhanced monitoring of the agreement and effortsdetailed and rigorous monitoring of implementation of the agreement and for no effort to be spared to ensure that shortcomings are addressed rapidly with our trading partner; calls for specific technical assistance in order to help Vietnam implement some of the commitments via projects and expertise, notably linked to environmental and labour provisions;
2019/11/13
Committee: INTA
Amendment 43 #

2012/0060(COD)

Proposal for a regulation
Recital -1 (new)
(-1) Whereas foreign companies have nearly tripled their public procurement contracts in Europe in 5 years, and whereas, according to the Commission's figures, non-European companies were awarded public contracts in the European Union worth 32 billion in 2017 compared with 10-17 billion in 2021; whereas the Commission admits that it has no information on the biggest procurement contracts awarded to European companies in the US and China.
2021/09/10
Committee: IMCO
Amendment 45 #

2012/0060(COD)

Proposal for a regulation
Recital 1
(1) In accordance with Article 21 of the Treaty on European Union, the Union is to define and pursue common policies and actions, and improve cooperation in all fields in international relations in order, inter alia, to encourage the integration of all countries into the world economy, including through the progressive abolition of restrictions on internationallimiting unnecessary barriers to European trade.
2021/09/10
Committee: IMCO
Amendment 46 #

2012/0060(COD)

Proposal for a regulation
Recital 1 a (new)
(1a) In accordance with Article 18 of the Treaty establishing the EEC in 1957, the Member States shall declare their willingness to contribute to the development of international trade and the reduction of barriers to trade by entering into reciprocal and mutually- advantageous arrangements.
2021/09/10
Committee: IMCO
Amendment 47 #

2012/0060(COD)

Proposal for a regulation
Recital 2
(2) Pursuant to Article 206 of the Treaty on the Functioning of the European Union, the Union, by establishing a customs union, is to contribute, in the common interest, to the harmonious development of world trade, the progressive abolition of by limiting unnecessary restrictions on international trade and on foreign direct investment, and the lowering of customs and other barriers.
2021/09/10
Committee: IMCO
Amendment 48 #

2012/0060(COD)

Proposal for a regulation
Recital 3 a (new)
(3a) Cooperation in Europe will bear fruit for all countries only if it is based on Community preference.
2021/09/10
Committee: IMCO
Amendment 50 #

2012/0060(COD)

Proposal for a regulation
Recital 8
(8) Many third countries are reluctant or refuse to open their public procurement and their concessions markets to international competition, or to open those markets further than what they have already done. As a result, Union economic operators face restrictive procurement practices in many of the trading partner of the Union. Those restrictive procurement practices result in the loss of substantial trading opportunities. In this context, the introduction of measures aimed at encouraging the opening of third countries' public procurement markets and at achieving mutual reciprocity is a necessary stage in defending the commercial interests of the Member States and the Union. However, if the measures were to prove insufficient and European companies continued to encounter problems accessing the public procurement and concessions markets of third countries, the Commission and the Member States should investigate introducing more effective trade defence instruments without delay.
2021/09/10
Committee: IMCO
Amendment 53 #

2012/0060(COD)

Proposal for a regulation
Recital 8 a (new)
(8a) While many third countries persist in limiting access to their public procurement markets, large sections of the Union's public procurement markets remain open to international competition. Union companies operating in the internal market are thus confronted by unfair competition from economic operators based outside the Union, particularly where the latter receive government subsidies.
2021/09/10
Committee: IMCO
Amendment 54 #

2012/0060(COD)

Proposal for a regulation
Recital 8 b (new)
(8b) Alongside the application of reciprocity in international public procurement markets by means of this Regulation, which is a good first stage, the Commission and the Member States are urged to investigate the level of interest in implementing a 'Buy European' act.
2021/09/10
Committee: IMCO
Amendment 64 #

2012/0060(COD)

Proposal for a regulation
Recital 18
(18) In view of the fact that the access of third country goods and services to the public procurement market of the Union falls within the scope of the common commercial policy, Member States and their contracting authorities and contracting entities should not be able tomay, in keeping with the spirit of this Regulation, restrict the access of third country goods or services to their tendering procedures by any other measure than those provided for in this Regulationin order to ensure that foreign economic operators respect environmental, social and labour laws and all applicable national laws.
2021/09/10
Committee: IMCO
Amendment 71 #

2012/0060(COD)

Proposal for a regulation
Recital 20
(20) If the existence of a restrictive and/or discriminatory procurement measure or practice in a third country is confirmed, the Commission should invite the country concerned to enter into consultations with a view to improving the tendering opportunities for Union economic operators, goods and services in respect of public procurement in that country. In order to encourage the country concerned promptly to take an active part in this dialogue, the Commission should decide, when the consultation procedure starts, to introduce on a temporary basis some measures set out in this Regulation, namely exclusion from participation in tendering procedures in EU public procurement markets or from price adjustment measures. The measures would apply to tenders from economic operators originating in that country and/or which deal with products and services originating in that country.
2021/09/10
Committee: IMCO
Amendment 75 #

2012/0060(COD)

Proposal for a regulation
Recital 22
(22) If the consultations with the country concerned do not lead to sufficient improvements to the tendering opportunities for Union economic operators, goods and services within a reasonable timeframe, the Commission should be able to adopt, where appropriate, price adjustment measure applying to tenders submitted by economic operators originating in that country and/or including goods and services originating in that countryprolong the measures introduced at the start of the consultation procedure and where necessary to adopt additional measures contained in this Regulation.
2021/09/10
Committee: IMCO
Amendment 79 #

2012/0060(COD)

Proposal for a regulation
Recital 24
(24) Price adjustment measures should not have a negative impact on on-going trade negotiations with the country concerned. Therefore, where a country is engaging in substantive negotiations with the Union concerning market access in the field of public procurement, the Commission may suspend the measures during the negotiations.deleted
2021/09/10
Committee: IMCO
Amendment 84 #

2012/0060(COD)

Proposal for a regulation
Recital 27
(27) It is imperative that contracting authorities and contracting entities have access to a range of high-quality products meeting their purchasing requirements at a competitive price while remaining aware of the need to guarantee the long-term economic and social interests of the Member States and European citizens and consumers. Therefore contracting authorities and contracting entities should be able not to apply price adjustment measures limiting access of non-covered goods and services in case there are no Union and/or covered goods or services available which meet the requirements of the contracting authority or contracting entity to safeguard essential public needs, for example in the fields of health and public safety, or where the application of the measure would lead to a disproportionate increase in the price or costs of the contract.
2021/09/10
Committee: IMCO
Amendment 91 #

2012/0060(COD)

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1
This Regulation establishes measures intended to improve the access of Union economic operators, goods and services to the public procurement and concessions markets of third countries and to guarantee equal conditions of competition in the internal market. It lays down procedures for the Commission to undertake investigations into alleged restrictive and discriminatory procurement measures or practices adopted or maintained by third countries against Union economic operators, goods and services, and to enter into consultations with the third countries concerned.
2021/09/10
Committee: IMCO
Amendment 92 #

2012/0060(COD)

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2
It provides for the possibility of applying price adjustment measures to certain tenders for contracts for the execution of works or a work, for the supply of goods and/or the provision of services and for concessions, and measures aimed at excluding access to EU public procurement markets, on the basis of the origin of the economic operators, goods or services concerned. .
2021/09/10
Committee: IMCO
Amendment 107 #

2012/0060(COD)

Where an Islamist terrorist act takes place in the EU which is supported by demonstrators in a third country without their facing action by the government, the country concerned shall not be granted trade preferences or exemptions for access to the European internal market.
2021/09/10
Committee: IMCO
Amendment 108 #

2012/0060(COD)

Proposal for a regulation
Article 5 – paragraph 1 a (new)
Local elected representatives may promote local employment and use of the official language in local calls for tenders by means of environmental, social or linguistic clauses which are mandatory even for subcontractors.
2021/09/10
Committee: IMCO
Amendment 111 #

2012/0060(COD)

2. The assessment by the Commission of whether the alleged restrictive and/or discriminatory procurement measures or practices have been adopted or are maintained by the third country concerned shall be made on the basis of the information supplied by interested parties and Member States, of facts collected by the Commission during its investigation, or both. The assessmentinvestigation shall be concluded within a period of eightsix months after theits initiation of the investigation. In duly justified cases, this period may be extended by fourthree months.
2021/09/10
Committee: IMCO
Amendment 115 #

2012/0060(COD)

Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1
Where it is found as a result of an investigation that restrictive and/or discriminatory procurement measures or practices have been adopted or maintained by a third country and the Commission considers it to be in the Union interest, the Commission shall invite the country in question to enter into consultations. Those consultations shall aim at ensuring that Union economic operators, goods and services can participate in tendering procedures for the award of public procurement or concession contracts in that country on conditions no less favourable than those accorded to national economic operators, goods and services of that country and also with a view to ensuring the application of the principles of transparency and equal treatment. In order to encourage the country concerned promptly to take an active part in this dialogue, the Commission should decide, when the consultation procedure starts, to introduce on a temporary basis some measures set out in this Regulation, namely exclusion from participation in tendering procedures in EU public procurement markets or from price adjustment measures. The measures would apply to tenders from economic operators which originate in that country and/or which deal with products and services originating in that country.
2021/09/10
Committee: IMCO
Amendment 119 #

2012/0060(COD)

Proposal for a regulation
Article 7 – paragraph 3 – point i
(i) resume consultations with the third country concerned, and/orprolong the measure(s) introduced at the start of the consultation procedure;
2021/09/10
Committee: IMCO
Amendment 121 #

2012/0060(COD)

Proposal for a regulation
Article 7 – paragraph 3 – point ii – paragraph 1
decide, by implementing act, to impose a price adjustment measure pursuant to Article 8dditional measures under this Regulation.
2021/09/10
Committee: IMCO
Amendment 126 #

2012/0060(COD)

Proposal for a regulation
Article 7 – paragraph 6
6. In the event that consultations with a third country do not lead to satisfactory results within 15 months from the day those consultations started, the Commission shall terminate the consultations and shall take appropriate action. In particular, the Commission may decide, by means of an implementing act, to impose or extend the exclusion of companies from the country concerned that are participating in tendering procedures for the award of EU public procurement contracts or to impose a price adjustment measure, pursuant to Article 8. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 14(2).
2021/09/10
Committee: IMCO
Amendment 129 #

2012/0060(COD)

Proposal for a regulation
Article 8 – title
PMeasures seeking exclusion from EU public procurement markets and price adjustment measures
2021/09/10
Committee: IMCO
Amendment 130 #

2012/0060(COD)

Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1
Where it emerges, in the course of an investigation under Article 6 and after following the procedure specified in Article 7, that restrictive public procurement measures adopted or maintained by that third country are resulting in a substantial lack of reciprocity regarding market access between the Union and that third country, the Commission may adopt implementing acts in order to extend the exclusion of undertakings from the country concerned that are participating in tendering procedures for the award of EU public procurement contracts and/or adopt price adjustment measures. Tenders more than 50 % of the total value of which is made of goods and/or services originating in a third country, may be subject to a price adjustmentsuch measures where the third country concerned adopts or maintains restrictive and/or discriminatory procurement measures or practices.
2021/09/10
Committee: IMCO
Amendment 133 #

2012/0060(COD)

Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2
Price adjustmentThese measures shall only apply to contracts with an estimated value equal to or above EUR 5.000.000 exclusive of value-added tax.
2021/09/10
Committee: IMCO
Amendment 134 #

2012/0060(COD)

Proposal for a regulation
Article 8 – paragraph 2 – introductory part
2. The price adjustment measure shall specify the penalty of up to 20% to be calculated on the price of the tenders concerned. It shalMeasures adopted pursuant to paragraph 1 may take one of the following forms: (a) the exclusion of tenders of which over 50% of the total valso specify any restrictions toue is made up of goods or services originating in the scope of application of the measure, such as those related to:untry adopting or maintaining restrictive procurement practices and/or (b) a price adjustment measure.
2021/09/10
Committee: IMCO
Amendment 135 #

2012/0060(COD)

Proposal for a regulation
Article 8 – paragraph 2 – point a
(a) public procurement of specific categories of contracting authorities or contracting entities;deleted
2021/09/10
Committee: IMCO
Amendment 136 #

2012/0060(COD)

Proposal for a regulation
Article 8 – paragraph 2 – point a
(a) public procurement of specific categories of contracting authorities or contracting entities; The price adjustment measure shall specify a penalty of 25-40% to be calculated on the tender prices in question, taking into account any state aid or other subsidies granted to the economic operator. It shall also specify any restrictions to the scope of the measure in practice, such as those related to : (a) public procurement by specific categories of contracting authorities or contracting entities; (b) public procurement for specific categories of goods or services or tenders submitted by specific categories of economic operator; (c) public procurement contracts above or below certain thresholds; (d) tenders submitted for specific categories of concession; (e) the territories of certain subcentral levels of government.
2021/09/10
Committee: IMCO
Amendment 137 #

2012/0060(COD)

Proposal for a regulation
Article 8 – paragraph 2 – point b
(b) public procurement of specific categories of goods or services or tenders submitted by specific categories of economic operators;deleted
2021/09/10
Committee: IMCO
Amendment 138 #

2012/0060(COD)

Proposal for a regulation
Article 8 – paragraph 2 – point c
(c) public procurement above or within certain thresholds;deleted
2021/09/10
Committee: IMCO
Amendment 139 #

2012/0060(COD)

Proposal for a regulation
Article 8 – paragraph 2 – point d
(d) tenders submitted for specific categories of concessions;deleted
2021/09/10
Committee: IMCO
Amendment 140 #

2012/0060(COD)

Proposal for a regulation
Article 8 – paragraph 2 – point e
(e) the territories of certain subcentral levels of government.deleted
2021/09/10
Committee: IMCO
Amendment 149 #

2012/0060(COD)

Proposal for a regulation
Article 10 – title
Withdrawal or suspension of procurement market exclusion or price adjustment measures
2021/09/10
Committee: IMCO
Amendment 151 #

2012/0060(COD)

Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1
The Commission may decide, by implementing act, to withdraw the procurement market exclusion or price adjustment measure or suspend its application for a period of time if the country concerned takes satisfactory remedial or corrective actions.
2021/09/10
Committee: IMCO
Amendment 152 #

2012/0060(COD)

Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2
Where the remedial or corrective actions taken by the third country concerned are rescinded, suspended or improperly implemented, the Commission may reinstate the application of the procurement market exclusion and/or price adjustment measure, at any time, by means of an implementing act.
2021/09/10
Committee: IMCO
Amendment 153 #

2012/0060(COD)

Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2
Where the remedial or corrective actions taken by the third country concerned are rescinded, suspended or improperly implemented, the Commission may reinstate the application of the price adjustment or procurement market exclusion measure, at any time, by means of an implementing act.
2021/09/10
Committee: IMCO
Amendment 155 #

2012/0060(COD)

Proposal for a regulation
Article 11 – title
Application of procurement market exclusion or price adjustment measures
2021/09/10
Committee: IMCO
Amendment 156 #

2012/0060(COD)

Proposal for a regulation
Article 11 – paragraph 1 – introductory part
1. Contracting authorities and contracting entities on the list adopted pursuant to Article 9 shall apply price adjustmentrestrictive measures to the following:
2021/09/10
Committee: IMCO
Amendment 157 #

2012/0060(COD)

Proposal for a regulation
Article 11 – paragraph 1 – point b – paragraph 1
tenders offering goods and services originating in the third country concerned, where the value of those goods, jobs and services accounts for more than 50 % of the total value of the tender.
2021/09/10
Committee: IMCO
Amendment 159 #

2012/0060(COD)

Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 1
Where a price adjustment measure is applied, contracting authorities and contracting entities shall require tenderers to provide information on the origin of the goods and/or services contained in the tender, and on the value of the goods and services originating in the third country concerned as a percentage of the total value of the tender. They shall accept self- declarations from tenderers.
2021/09/10
Committee: IMCO
Amendment 160 #

2012/0060(COD)

Proposal for a regulation
Article 12 – paragraph 1 – introductory part
1. Contracting authorities and contracting entities may decide not to apply the procurement market exclusion or price adjustment measure with respect to a procurement or a concession procedure if:
2021/09/10
Committee: IMCO
Amendment 167 #

2012/0060(COD)

Proposal for a regulation
Article 12 – paragraph 1 – point b
(b) the application of the measure would lead to a disproportionate increase in the price or costs of the contract.deleted
2021/09/10
Committee: IMCO
Amendment 171 #

2012/0060(COD)

Proposal for a regulation
Article 12 – paragraph 1 – point b – indent 1 (new)
- this is justified for overriding reasons of public interest.
2021/09/10
Committee: IMCO
Amendment 175 #

2012/0060(COD)

Proposal for a regulation
Article 12 – paragraph 2
2. Where a contracting authority or contracting entity intends not to apply a price adjustmentrestrictive measure , it shall indicate its intention in the contract notice that it publishes pursuant to Article 49 of Directive 2014/24/EU or Article 69 of Directive 2014/25/EU or in the concession notice pursuant to Article 31 of Directive 2014/23/EU. It shall notify the Commission no later than ten calendar days after the publication of the contract notice.
2021/09/10
Committee: IMCO
Amendment 178 #

2012/0060(COD)

Proposal for a regulation
Article 12 – paragraph 4 – subparagraph 1
In the event that a contracting authority or contracting entity conducts a negotiated procedure without prior publication, under Article 2 of Directive 2014/24/EU or under Article 50 of Directive 2014/25/EU and decides not to apply a price adjustmentrestrictive measure , it shall indicate this in the contract award notice it publishes pursuant to Article 50 of Directive 2014/24/EU or Article 70 of Directive 2014/25/EU or in the concession award notice it publishes pursuant to Article 32 of Directive 2014/23/EU and notify the Commission no later than ten calendar days after the publication of the contract award notice.
2021/09/10
Committee: IMCO
Amendment 185 #

2012/0060(COD)

Proposal for a regulation
Article 16 – paragraph 1 a (new)
The Commission shall collect and publish annually information on the 10 largest contracts awarded to European companies in third countries; The Commission shall collect and publish annually information on the 10 largest public procurement contracts awarded to third-country companies in the internal market.
2021/09/10
Committee: IMCO