1649 Amendments of Valérie HAYER
Amendment 4 #
2024/0274(COD)
Recital G
G. whereas the legislative amendment is meant to provide more budgetary flexibility to reallocate funding for new measures under the EAFRD to provide 1 OJ L, 2024/2509, 26.9.2024, ELI: http://data.europa.eu/eli/reg/2024/2509/oj additional targeted assistance and flexibility to Member States affected by natural disasters, which occurred as of 1 January 2024;
Amendment 6 #
2024/0274(COD)
Paragraph 3
3. Recalls that the EP has repeatedly criticised the use of cohesionalready programed funding as emergency response tool and maintains that this approach risks undermining its longer-term policy and investment objectives as set out in the EARDF; acknowledges, however, that the present proposal offers a pragmatic solution to deal with insufficient budgetary flexibility and crisis response capacity in the EU budget, in order to provide a fast response to the needs of the affected populations;
Amendment 11 #
2024/0274(COD)
Paragraph 7
7. Welcomes the tangible financial support to farmers, foresters and SMEs that are victims of natural disasters such as severe floods and wildfires, as a concrete expression of European solidarity; acknowledges the need to swiftly address the income losses that European farmers, foresters as well as small and medium businesses active in processing, marketing or development of agricultural and forestry products are facing due to recent devastating climate-related disasters; welcomes the fact that the financial support provided through the present proposal should prioritise support measures based on the ‘build back better’ principle, paving the way for a more comprehensive and preventive EU support to foster preparedness and resilience in the EU’s rural areas;
Amendment 17 #
2024/0274(COD)
Paragraph 11
11. Considers that, in the longer term, a more developed and genuine budgetary flexibility should allow, in comparable cases, to make budgetary transfers in order to use the money under an dedicated expenditure instrument with a budget line, legal base and governance framework which are better suited for emergency response and liquidity support.;
Amendment 63 #
2023/2064(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Fears that, without properly delivering on itsRecalls the importance of the ECB mandate of maintaining price stability, the ECB risks losing its legitimacy;
Amendment 67 #
2023/2064(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the ECB to continue its essential work on climate risk stress tests developed to assess the resilience of banks and corporations in the face of climate transition risk;
Amendment 79 #
2023/2064(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Expresses concern about the highTakes note of the differing levels of debt and government deficits within the Member States and the risks that this entails; notes that the situation is worse in the euro area than in non-euro area Member Statepotential risks and problems that this entails; looks forward to the outcome of the Commission’s legislative proposals on revising the EU’s economic governance rules and calls for ambitious rules fit for the challenges currently facing the European Union; and welcomes the ECB’s opinion in this regard;
Amendment 88 #
2023/2064(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. RDeeply regrets Russia’s ongoing aggression against Ukraine; agrees with member of the Executive Board Isabel Schnabel on the risk the war entails in terms of negative supply side shocks;
Amendment 91 #
2023/2064(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Highlights that not only do persistent high levels of inflation, the ongoing war in Ukraine and highdivergent levels of debt in the Member States threaten the competitiveness of the European economy, and thus the international role of the euro as well, but also the upward price pressure following theneed for urgent action to implementation of the European Green Deal, the rise of fragmentation and protectionism in global trade, and an impending subsidy race between statensure Europe’s strategic autonomy as well as a global level playing field for Europe’s companies;
Amendment 156 #
2023/2064(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Notes the inflation target level of 2 % in the medium term; observes that inflation has, thus far, either been well below or far above this target level; questicalls ons the scientific evidence for this 2 % target level, as well asECB to better define the meaning of ‘medium term’; invites the ECB to look into a more qualitative approach to price stability;
Amendment 166 #
2023/2064(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Supports the ECB’s decision to scale back its asset-purchasing programmes, in view of the excess liquidity in the market; notwelcomes the ECB’s announcement to decarbonise its corporate bond holdings by ‘tilting’ its portfolio; stresses the importance of the quality of the collateral;
Amendment 201 #
2023/2064(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Takes note ofWelcomes the ECB’s progress on the digital euro project and welcomes its dialogue with Parliament in this regard; reiterates that a digital euro must respect competition in the banking landscape, must not endanger the existence or use of cash and must respect the privacy of citizens and businesseswith the view for the EU to be at the forefront of the digital transformations in the payments sector and welcomes its dialogue with Parliament in this regard; reiterates that as a complement to cash, the digital euro will only be a success if it ensures citizens’ privacy, is easy to use, and allows the fight against money laundering, without destabilizing the financial system; welcomes in this regard the European Commission’s legislative proposals for a “single currency package” which must give EU co-legislators the opportunity to decide on a number of key design choices of a digital euro;
Amendment 213 #
2023/2064(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Welcomes the Basel III framework, as it will strengthen the resilience of the banking sector; warns about the risk of non-complianceunderlines the importance of taking European specificities into account, ensuring the competitiveness of European banks and an international level playing field;
Amendment 91 #
2023/2058(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Observes with concern that inflation has been partially driven by some companies increasing their profit margins, with, for example, Maersk’s annual pre- tax income soaring from USD 967 million in 2019 to USD 30.2 billion in 2022;
Amendment 106 #
2023/2058(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Is concerned that the impact of temporary VAT reductions for end consumers was limited and was more pronounced forof the view that temporary VAT reductions had only a limited impact on end consumers and that, on some occasions, this reduction was used by companies thato increased their profit margins because of these reductions;
Amendment 142 #
2023/2058(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. In times of crisis and in the light of current and future economic and climate challenges, the EU and its companies need a well-functioning tax system providing clarity and predictability. For this purpose, the future BEFIT proposal designing a new single EU corporate tax rulebook should be key in reducing administrative burdens, removing tax obstacles, limiting opportunities for tax evasion and creating a more business-friendly environment within the single market.
Amendment 174 #
2023/2058(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes the adopted solidarity contribution in the EU; regrehighlights, however, its limited scope and short time span; calls on the Commission to consider a permanent excess profit tax on all sectors, in light of the growing evidthat measures such as windfall taxes should be temporary and exceptional and that the revencue that inflation is partly profit driven; believes that such taxes would curb the oligopolistic power of certain companies and boost competitiveness, while fighting inflation and raising revenueobtained needs to be used in a targeted manner;
Amendment 179 #
2023/2058(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Underlines the potential of the BEFIT initiative to provide clarity and predictability for companies, as well as sustainable tax revenues, which would help Member States to face current and future crises; recognises that simplifying the complexity of tax systems would reduce the administrative burden for SMEs and would attract foreign direct investment, thus improving the efficiency of the systems and the revenue available;
Amendment 29 #
2023/0264(BUD)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Regrets the gradual decrease of the EU budget as a percentage of EU gross national income (GNI) and the excessive focus on capping overall spending at roughly 1 % of EU GNI; considers that this has made it difficult for the Union to deliver on its agreed ambitions and deprived it of the ability to respond to crises and emerging needs while ensuring democratic accountability; regrets that the Commission has been forced to resort to double counting methods and the re-use of existing funds, disguising the current situation of the EU budget;
Amendment 31 #
2023/0264(BUD)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Recalls its long-standing position that new policy priorities or tasks should be accompanied by fresh money; regrets for instance the redeployments made on CEF Digital to finance the Digital Europe Programme, as well as the planned earmarking and redeployment made on several lines of the Horizon Europe and Single Market Programmes in order to finance the creation of the European Net Zero Industry Academies to bring the necessary skills to workers and deploy learning programmes on net-zero technologies as part of the Net Zero Industry Act proposal;
Amendment 37 #
2023/0264(BUD)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. In the context of the European electoral year, reiterates the importance for direct funding for cities to implement EU programmes locally, as it will allow increased support for project applications, and gain higher visibility on EU priorities and EU programmes such as forthe fight against climate change, or to promote the Rule of Law;
Amendment 40 #
2023/0264(BUD)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Recalls the essential work carried out by decentralised agencies; considers that agencies must be properly staffed and adequately resourced so that they can perform their tasks; recalls that the tasks of agencies evolve in line with policy priorities and stresses that new responsibilities must be accompanied by corresponding levels of fresh resources;
Amendment 63 #
2023/0264(BUD)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Underlines that, as part of the STEP proposal designed to secure the open strategic autonomy of the Union, reduce dependence on non-EU countries and boost investment in key strategic sectors, additional appropriations are to be allocated to InvestEU and to the European Innovation Council (EIC); proposes, therefore, to increase appropriations for the InvestEU guarantee by EUR 1,05 billion and for the EIC by EUR 125 million in 2024 in line with its MFF interim report; proposes, furthermore, to make available again EUR 500 million in research decommitments under Article 15(3) of the Financial Regulation for the EIC under Horizon Europe, in addition to the EUR 95 million included in the DB; underlines that the STEP instrument will not be enough to ensure a common European response through the EU budget and to strengthen the Union’s open strategic autonomy, reducing dependencies in strategic sectors and financing investment in key related sectors; therefore, calls on the Commission to rapidly build upon the STEP instrument in order to create in the near future a robust Sovereignty Fund with a real financial capacity to achieve the objective of the Union’s open strategic autonomy;
Amendment 65 #
2023/0264(BUD)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Recalls that the recently agreed Chips Act has a significant impact on the budget under Heading 1, in particular for Horizon Europe and for Digital Europe; underlines that, in accordance with the political agreement on the Chips Act, an additional EUR 50 million is required to meet funding needs over the period 2024 to 2027; proposes, therefore, to cover 25 % of that shortfall by allocating EUR 12,5 million to the Chips Joint Undertaking in 2024; Moreover, underlines that financing for the Chips Act has just been agreed, making the Council cut especially difficult to understand as it goes against a clear Union priority.
Amendment 80 #
2023/0264(BUD)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Underlines the importantessential role played by the decentralised agencies active under this heading; proposes to increase appropriations and staffing for the European Union Agency for Cybersecurity and the European Union Agency for the Cooperation of Energy Regulators in line with their identified needs and expanding mandates;
Amendment 97 #
2023/0264(BUD)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Points, in this regard, to the flagship Erasmus+ and European Solidarity Corps (ESC) programmes, which play a vital role in supporting learning mobility opportunities, improving people’s skills and employability and promoting social inclusion; emphasises that both programmes aim to boost participation rates among people with fewer opportunities - an objective that is challenged by soaring inflation and the increased cost of living; calls also on Member States to reassess scholarship amounts in the light of the high inflation; is committed to ensuring that Erasmus+ does not become a de facto selective programme open only to those who can afford to participate and recalls that the Commission is required to put in place financial support measures for people with fewer opportunities; proposes, therefore, an increase of EUR 100 million for Erasmus+ and EUR 2 million for the ESC above DB specifically to ensure the programmes are accessible for all;
Amendment 100 #
2023/0264(BUD)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Underlines the importance of a stronger Health Union and enhanced preparedness in post-pandemic Europe, as well as the need to better understand and treat long COVID; highlights the vital role that the EU4Health programme plays in this respect, as well as in supporting actions to achieve universal health coverage across the Union, encompassing quality access to sexual and reproductive health services; proposes, therefore, to increase the programme’s appropriations by EUR 20 million above DB, including to help offset redeployments towards the European Health Emergency and Response Authority;
Amendment 102 #
2023/0264(BUD)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Is alarmed by the growing impact of natural disasters in Europe and its neighbourhood and concerned about the EU’s ability to respond effectively; underlines that these disasters are often linked to climate change and are therefore likely to occur with greater frequency and intensity in the future; is concerned about the EU’s ability to respond effectively; increases, therefore, appropriations for the Union Civil Protection Mechanism by EUR 20 million above DB in order to ensure an effective response and protect human lives, to enhance the Union’s response capacity and better protect its citizens, including capacities for the mobilisation of medical units in emergencies, and underlines the need to invest in climate mitigation and adaptation for particularly vulnerable regions; ;
Amendment 105 #
2023/0264(BUD)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Underscores that soaring energy prices and inflation, following on from the COVID-19 pandemic, have had a significant impact on the cultural and creative sectors, which are often made up of small organisations and individual artists; emphasises the key role that Creative Europe plays in supporting European creations and Union values as well as the recovery of the cultural and creative sectors, fostering media literacy and combatting disinformation; recalls that free press and media pluralism have been under attack in the European Union and that the digital shift creates additional hurdles for a diverse field of media to flourish, which leads the Union to significantly strengthen its support for pluralistic media as the essential basis for a functioning democracy; proposes, therefore, to increase financing for the Creative Europe programme by EUR 25 million above DB, with EUR 15 million for the Culture strand and EUR 10 million for the Cross-Sectoral strand, which plays a vital role in tackling disinformation and promoting media literacy;
Amendment 113 #
2023/0264(BUD)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. Takes note that, in 2024, EUR 4.8 billion of the ESF+ budget under shared management would be allocated on food aid and basic material assistance for the most deprived persons, thus going beyond the actual objective of 4% and highlighting the worrying increase in the number of deprived persons; calls on Member States to allocate more of their ESF+ funds to organisations providing the most vulnerable and deprived persons with assistance and food aid, especially in context where the inflation is high and they face increasing demands;
Amendment 115 #
2023/0264(BUD)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Recalls the importantessential role played by the decentralised agencies under Heading 2b; increases funding and staffing levels for the European Institute for Gender Equality, the European Labour Authority and the European Union Agency for Criminal Justice Cooperation in line with the agencies’ identified needs; proposes, furthermore, to reinforce the European Public Prosecutor’s Office in terms of financing and staff to allow the body to fulfil its duties andUnderlines the importance of protecting the Union budget against fraud, corruption and other prohibited conduct, which adversely affect the Union and national budgets; stresses, in this regard, the central role that the European Public Prosecutor’s Office (EPPO) plays in protecting the Union’s financial interests, including with respect to the use of NextGenerationEU funds, and ensuring compliance with the rule of law; decides, therefore, to apply targeted reinforcements to the EPPO and increase its staffing levels to allow the body to fulfil its mandate, thereby reinforcing efforts against fraud, corruption, money laundering and organised crime; calls on all the Member States to join the EPPO and ensure a better protection of the Union’s financial interests; recalls the importance of compliance with the general regime of conditionality for the protection of the Union budget;
Amendment 118 #
2023/0264(BUD)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Underlines that the STEP proposal includes additional commitment appropriations in 2024 for the Innovation Fund under Heading 3 and a commensurate increase in the ceiling; considers that the proposed allocation for the Innovation Fund is not to the level of ambition needed but marks important progress towards its full budgetisation; proposes, therefore, to create a new budget line for the Innovation Fund, with appropriations of EUR 1,25 billion in line with its MFF interim report;
Amendment 132 #
2023/0264(BUD)
Motion for a resolution
Paragraph 41
Paragraph 41
41. Stresses that the war has vastly increased pressure on asylum systems in the Member States and that the Union must provide longer-term support to the host Member States to address the ever increasing pressure on national asylum and migration systems, including at the external borders, due to a rise of applications for international protection in the Member States and the exceptional support of the EU to host refugees from Ukraine; stresses moreover that a strong budget is necessary for the reception of asylum seekers and the integration of refugees in their host societies, as well as for strengthening the effective returns of migrants with no right to stay in the EU, and other actions that need a coordinated response, such as resettlement or legal pathways; further stresses that a stronger AMIF budget is a key determinant for the successful implementation of the New Pact on Migration and Asylum the adoption of which is expected before the end of this mandate; reiterates the need to facilitate the reception and integration of refugees from Ukraine, and to help face the recent migration trends via the Mediterranean route and anticipate the financial implications of a timely agreement on the Pact on Asylum and Migration (AMIF); decides, therefore, to reinforce the Asylum, Migration and Integration Fund by EUR 110 million above DB in 2024 given AMIF’s positive contribution in providing immediate support to refugees;
Amendment 167 #
2023/0264(BUD)
Motion for a resolution
Paragraph 58
Paragraph 58
58. Reiterates its commitment to the international dimension of Erasmus+, whichin line with the need identified by the Commission to provide support to Ukrainian students and teaching staff, as well as to all students to cope with high inflation; recalls that Erasmus + enables learning mobility exchanges with partner countries around the world; increases, therefore, appropriations for the international dimension of Erasmus+ by EUR 10 million above DB, split evenly between the NDICI and IPA III; underlines that these appropriations will also help to flatten the heavily back loaded financial profile of Erasmus+, providing more consistent annual financing for a programme with stable year-on-year demand; calls also on Member States to reassess scholarship amounts in the light of the high inflation;
Amendment 173 #
2023/0264(BUD)
Motion for a resolution
Paragraph 69
Paragraph 69
69. CondemnsDisagrees with the Commission’s horizontal approach to reduce the estimates of the institutions in order to adhere to the principle of stable staffing, and to a maximum increase of 2 % for non-salary related expenditure, despite the inflationary pressures for a second year in a row and irrespective of new tasks given to the institutions by the Commission and the co- legislators;
Amendment 175 #
2023/0264(BUD)
Motion for a resolution
Paragraph 72 – point c
Paragraph 72 – point c
(c) increase the establishment plans above the DB with the corresponding appropriations in line with the institutions’ requests for the European Data Protection Supervisor and European Data Protection Board to enable them to face new responsibilities and partially in line with the institutions’ requests for the European Committee of the Regions to enhance cybersecurity capabilities and the European External Action Service to enhance primarily cybersecurity and the fight against disinformation, and also to implement the Strategic Compass, and strengthen the crisis response centrer and enhance cybersecurity and the fight against disinformation.
Amendment 95 #
2023/0201R(APP)
Motion for a resolution
Paragraph 38
Paragraph 38
38. Points, furthermore, to the increased needs since the beginning of the MFF for humanitarian aid inside and outside the Union and for support in relation to natural disasters, in particular those driven by climate change, and considers that these needs are likely to grow; stresses that the annual allocation for the SEAR was exhausted in 2021 and 2022 and is expected to be fully used in 2023; points out with concern that beneficiaries of aid under the EU Solidarity Fund have, in some instances, received less than 50 % of the aid they would ordinarily have received and have had to wait a long time for disbursement owing to the limitations of the SEAR;
Amendment 99 #
2023/0201R(APP)
Motion for a resolution
Paragraph 40
Paragraph 40
Amendment 79 #
2023/0200(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Given that as long as the Russian war in Ukraine lasts, tax revenues collected by the Ukrainian government will continue to be largely allocated to the war effort, and that a residual gap remains in Ukraine’s financing needs for at least until 2027, significant and flexible support to the Ukrainian government to maintain its functions as well as to support the recovery, reconstruction and modernisation of the country has to be mobilised quickly.
Amendment 86 #
2023/0200(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Given the damage from Russia’s war of aggression to the Ukrainian economy, society and infrastructure, the support to the country to maintain its functions, as well as short relief, fast recovery, reconstruction and modernisation of Ukraine will require comprehensive support to rebuild the economy, to create the foundations of a free and prosperous country, anchored in European values, well integrated into the European and global economy, and progressing wactivelly on its path of accession to the European Union.
Amendment 102 #
2023/0200(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The Facility should tie the recovery, reconstruction and modernisation closely to the Union perspective, by linking financial support to the fulfilment of reforms and investments in view of accession without unduly restricting access to essential financial aid in times of war.
Amendment 143 #
2023/0200(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) Strengthening the rule of law, including the independence of the judiciary, the fight against corruption (and notably grand corruption, understood as the abuse of high-level power that benefits the few, and causes serious and widespread harm to individuals and society1a), money laundering and organised crime, as well as transparency, good governance at all levels, safeguarding the free and pluralistic media and fighting disinformation, strengthening public administration reform, including in the fields of public procurement, competition and State aid, remain key challenges and are essential for Ukraine to come closer to the Union and to prepare to fully assume the obligations of Union membership. In view of the longer-term nature of the reforms pursued in those areas and the need to build up track records, support under the Ukraine Facility should address those issues as early as possible. _________________ 1a ECA special report 23/2021: "Reducing grand corruption in Ukraine: several EU initiatives, but still insufficient results"
Amendment 202 #
2023/0200(COD)
Proposal for a regulation
Recital 71
Recital 71
(71) The Plan should also include an detailed explanation of Ukraine’s system along with specific measures to effectively prevent, detect and correct irregularities, corruption and notably grand corruption, fraud and conflicts of interests, when using the funds provided under the Facility, and the arrangements that aim to avoid double funding from the Facility and other Union programmes as well as other donors. Measures under the Plan should, where appropriate, contribute to ensuring an efficient management and control system. Such measures should be implemented by Ukraine by an indicative date which could be set, as appropriate depending on each measure, over the course of the lifetime of the Facility. Compliance with this plan will be instrumental to both preserve the financial interests of the Union and integrate the acquis communautaire into Ukraine's internal legal order, which will actively bring Ukraine closer to EU membership.
Amendment 209 #
2023/0200(COD)
Proposal for a regulation
Recital 78
Recital 78
(78) It is important to guarantee both flexibility and programmability as well as stability in providing Union support to Ukraine. For that purpose, payments under the Facility should occur according to a fixed quarterly schedule, subject to availability of funding, based on a payment request submitted by Ukraine and following verification by the Commission of the satisfactory fulfilment of the relevant conditions. In case a condition is not fulfilled in accordance with the indicative timeline set in the decision approving the Plan, the Commission should deduct from the payment an amount corresponding to those conditions. The disbursement of the corresponding withheld funds could take place during the nexa subsequent payment window and up to twelve months after the original deadline set out in the indicative timeline, provided the conditions have been fulfilled.
Amendment 240 #
2023/0200(COD)
Proposal for a regulation
Recital 91 a (new)
Recital 91 a (new)
Amendment 294 #
2023/0200(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point d
Article 3 – paragraph 2 – point d
(d) further strengthen the rule of law, democracy, the respect of human rights and fundamental freedoms, including through promoting an independent judiciary, reinforced security, the fight against fraud, corruption and grand corruption, organised crime and money laundering, tax evasion and tax fraud; compliance with international law; strengthen freedom of media and academic freedom and an enabling environment for civil society; foster social dialogue; promote non- discrimination and tolerance, to ensure and strengthen respect for the rights of persons belonging to minorities and the promotion of gender equality; reinforce the effectiveness of public administration and support transparency, structural reforms and good governance at all levels, including in the areas of public financial management and public procurement and State aid; support initiatives and bodies involved in supporting and enforcing international justice in Ukraine;
Amendment 398 #
2023/0200(COD)
Proposal for a regulation
Article 16 – paragraph 2 – point h
Article 16 – paragraph 2 – point h
(h) an detailed explanation of Ukraine’s system along with specific measures to effectively prevent, detect and correct irregularities, fraud, corruption and grand corruption and conflicts of interests, when using the funds provided under the Facility, and of the arrangements that aim to avoid double funding from the Facility and other Union programmes or donors;
Amendment 403 #
2023/0200(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. The Ukraine Plan shall be prepared by Ukraine. Ukraine shall strive to submit the Plan to the Commission by two months after entry into force of this Regulation. At the request of the government of Ukraine, the Commission shall provide a one-time technical and administrative assistance based on already existing programmes, with the view to accelerating the preparation of the Plan. Ukraine may submit a draft Plan to the Commission.
Amendment 456 #
2023/0200(COD)
Proposal for a regulation
Article 25 – paragraph 6
Article 25 – paragraph 6
Amendment 468 #
2023/0200(COD)
Proposal for a regulation
Article 26 – paragraph 4 a (new)
Article 26 – paragraph 4 a (new)
4a. The Commission shall prepare, in close cooperation with the Ukrainian authorities, a register of companies under oligarchic influence identified as potentially hampering free and fair competition on the market. Entities identitied on this register will not be eligible to receive funds under the Facility. This register will be prepared within six months after the entry into force of the regulation and updated quarterly.
Amendment 496 #
2023/0200(COD)
Proposal for a regulation
Article 32 – paragraph 4
Article 32 – paragraph 4
4. Assistance under this Chapter shall support the creation and strengthening of Ukrainian authorities responsible for ensuring appropriate use of funds and effective fight against mismanagement of public funding, in particular fraud, corruption and grand corruption, conflict of interests and irregularities incurred in relation to any amount spent to achieve the objectives of the Facility.
Amendment 81 #
2023/0199(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The EU industry has proven its inbuilt resilience but is being challenged. High inflation, labour shortages, post- COVID supply chains disruptions, the Russian war in Ukraine, rising interest rates, and spikes in energy costs and input prices are weighing on the competitiveness of the EU industry. and have put forward the need for the Union to secure its open strategic autonomy and reduce its dependence on non-EU countries. Several strategic dependencies have already been identified in the energy intensive industries, health and digital ecosystems.39a This is paired with strong, but not always fair, competition on the fragmented global market. The EU has already put forward several initiatives to support its industry, such as the Green Deal Industrial Plan,40 the Critical Raw Materials Act41 , the Net Zero Industry Act42 , the new Temporary Crisis and Transition Framework for State aid,43 and REPowerEU.44 While these solutions provide fast and targeted support, the EU needs a more structural answer to the investment needs of its industries, safeguarding cohesion and the level playing field in the Single Market and to reduce the EU’s strategic dependencies. _________________ 39a Commission Staff Working document on Strategic dependencies and capacities (SWD(2021)352) and Commission Staff Working Document on EU strategic dependencies and capacities: second stage of in-depth reviews (SWD(2022) 41) 40 Communication on A Green Deal Industrial Plan for the Net-Zero Age, COM(2023) 62 final. 41 COM(2023) 160 final 42 COM(2023) 161 final 43 Communication on a Temporary Crisis and Transition Framework for State Aid measures (OJ C 101, 17.3.2023, p. 3). 44 Regulation (EU) 2023/435 as regards REPowerEU (OJ L 63, 28.2.2023, p. 1).
Amendment 87 #
2023/0199(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The EU industry has proven its inbuilt resilience but is being challenged. High inflation, labour shortages, post- COVID supply chains disruptions, rising interest rates, and spikes in energy costs and input prices are weighing on the competitiveness of the EU industry. This is paired with strong, but not always fair, competition on the fragmented global market. The EU has already put forward several initiatives to support its industry, such as the Green Deal Industrial Plan,40 the Critical Raw Materials Act41 , the Net Zero Industry Act42 , the new Temporary Crisis and Transition Framework for State aid,43 and REPowerEU.44 While these solutions provide fast and targeted support, the EU needs a more structural answer to the investment needs of its industries, safeguarding cohesion and the level playing field in the Single Market, facilitating access to funding and to reduceing the EU’s strategic dependencies. _________________ 40 Communication on A Green Deal Industrial Plan for the Net-Zero Age, COM(2023) 62 final. 41 COM(2023) 160 final 42 COM(2023) 161 final 43 Communication on a Temporary Crisis and Transition Framework for State Aid measures (OJ C 101, 17.3.2023, p. 3). 44 Regulation (EU) 2023/435 as regards REPowerEU (OJ L 63, 28.2.2023, p. 1).
Amendment 91 #
2023/0199(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The uptake and scaling up in the Union of deep and digital technologies, clean technologies, and biotechnologies will be essential to reduce the Union’s strategic dependencies, seize the opportunities and meet the objectives of the green and digital transitions, thus securing the sovereignty and strategic autonomy of the Union and promoting the competitiveness of the European industry and its sustainability. Therefore, immediate action is required to support the development or manufacturing in the Union of such technologies, safeguarding and strengthening their value chains thereby reducing the Union’s strategic dependencies, and addressing existing labour and skills shortages in those sectors through trainings and apprenticeships and the creation of attractive, quality jobs accessible to all.
Amendment 98 #
2023/0199(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) There is a need to support critical technologies in the following fields: deep and digital technologies, clean technologies, and biotechnologies (including the respective critical raw materials value chains), in particular projects, companies and sectors with a critical role for EU’s competitiveness and resilience and its value chains. By way of example, deep technologies and digital technologies should include microelectronics, high-performance computing, quantum technologies (i.e., computing, communication and sensing technologies), cloud computing, edge computing, and artificial intelligence, cybersecurity technologies, robotics, 5G and advanced and secure connectivity and virtual realities, including actions related toincluding 5G and satellite-based connectivity, and actions related to virtual realities, deep and digital technologies for the development of defence and aerospace applications. Clean technologies should include, among others, renewable energy; electricity and heat storage; heat pumps; electricity grid; renewable fuels of non- biological origin; sustainable alternative fuels; electrolysers and fuel cells; carbon capture, utilisation and storage; energy efficiency; hydrogen and its related infrastructure; smart energy solutions; technologies vital to sustainability such as water purification and desalination; advanced materials such as nanomaterials, composites and future clean construction materials, and technologies for the sustainable extraction and processing of critical raw materials. BThe health ecosystem, in particular biotechnology should be considered to include technologies such as biomolecules and its applications, pharmaceuticals and medical technologies vital for health security, including active pharmaceutical ingredients, medicine and vaccine production, crop biotechnology, and industrial biotechnology, such as for waste disposal, and biomanufacturing. The Commission may issue guidance to further specify the scope of the technologies in these three fields considered to be critical in accordance with this Regulation, in order to promote a common interpretation of the projects, companies and sectors to be supported under the respective programmes in light of the common strategic objective of reducing critical dependencies. Moreover, technologies in any of these three fields which are subjects of an Important Project of Common European Interest (IPCEI) approved by the Commission pursuant to Article 107(3), point (b) TFEU should be deemed to be critical, and individual projects within the scope of such an IPCEI should be eligible for funding, in accordance with the respective programme rules, to the extent that the identified funding gap and the eligible costs have not yet been completely covered.
Amendment 118 #
2023/0199(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The scale of investments needed for the transition require a full mobilisation of funding available under existing EU programmes and funds, inclusive those granting a budgetary guarantee for financing and investment operations and implementation of financial instruments and blending operations. Such funding should be deployed in a more flexible manner, to provide timely and targeted support for critical technologies that reduce the Union dependency in strategic sectors. Therefore, a Strategic Technologies for Europe Platform (‘STEP’) should give a structural answer to the Union investment needs by helping to better channel the existing EU funds towards critical investments aimed at supporting the development or manufacturing of such critical technologies, while preserving a level playing field in the Single Market, thereby preserving cohesion and aiming at a geographically balanced distribution of projects financed under the STEP in accordance with the respective programme mandates.
Amendment 119 #
2023/0199(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The scale of investments needed for the transition require a full mobilisation of funding available under existing EU programmes and funds, inclusive those granting a budgetary guarantee for financing and investment operations and implementation of financial instruments and blending operations. Such funding should be deployed in a more flexible manner, to provide timely and targeted support for critical technologies in strategic sectors. Therefore, a Strategic Technologies for Europe Platform (‘STEP’) should give a structural answer to the Union investment needs by helping to better channel the existing EU funds towards critical investments (including non-bankable investments) aimed at supporting the development or manufacturing of critical technologies, while preserving a level playing field in the Single Market, thereby preserving cohesion and aiming at a geographically balanced distribution of projects financed under the STEP in accordance with the respective programme mandates.
Amendment 124 #
2023/0199(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The STEP should identify resources which should be implemented within the existing Union programmes and funds, the InvestEU, Horizon Europe, European Defence Fund and Innovation Fund. This should be accompanied by providing additional funding of EUR 104 billion. Of this, EUR 5,8 billion should be used to increase the endowment of the Innovation Fund46 and EUR 34,2 billion to increase the total amount of the EU guarantee available for the EU compartment under the InvestEU Regulation to EUR 710,5 billion,47 taking into account the relevant provisioning rate. EUR 0.5 billion should be made available to increase the financial envelope under the Horizon Europe Regulation,48 which should be amended accordingly; and EUR 13.5 billion to the European Defence Fund.49 _________________ 46 Directive 2003/87/EC establishing a scheme for greenhouse gas emission allowance trading (OJ L 275, 25.10.2003, p. 32). 47 Regulation (EU) 2021/523 establishing the InvestEU Programme (OJ L 107, 26.3.2021, p. 30). 48 Regulation (EU) 2021/695 establishing Horizon Europe (OJ L 170, 12.5.2021, p. 1). 49 Regulation (EU) 2021/697 establishing the European Defense Fund (OJ L 170, 12.5.2021, p. 149.)
Amendment 129 #
2023/0199(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) A Sovereignty Seal should be awarded to projects contributing to the STEP objectives, provided that the project has been assessed and complies with the minimum quality requirements, in particular eligibility, exclusion and award criteria, provided by a call for proposals under Horizon Europe, the Digital Europe programme,50 the EU4Health programme,51 the European Defence Fund or the Innovation Fund, and regardless of whether the project has received funding under those instruments. The Commission should ensure that any future changes to the mentioned regulations regarding the minimum quality requirements provided by each call for proposals aim to preserve their alignment. These minimum quality requirements will be established with a view to identify high quality projects. This Seal should be used as a quality label, to help projects attract public and private investments by certifying its contribution to the STEP objectives. Moreover, the Seal will promote better access to EU funding, notably by facilitating cumulative or combined funding from several Union instruments. Member States are also encouraged to take into account the Sovereignty Seal when granting national support to projects. _________________ 50 Regulation (EU) 2021/694 establishing the Digital Europe Programme (OJ L 166, 11.5.2021, p. 1). 51 Regulation (EU) 2021/522 establishing a Programme for the Union’s action in the field of health, EU4Health Programme (OJ L 107, 26.3.2021, p. 1).
Amendment 135 #
2023/0199(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) A new publicly available website (the ‘Sovereignty Portal’) should be set up by the Commission to provide information on available support to companies and project promoters seeking funds for STEP investments. To that end, it shouldunder EU funding programmes. This Sovereignty Portal should bring EU funding opportunities closer to the citizens and businesses. For this purpose, the Portal should become a single and common online platform, where all available EU funding opportunities are displayed in an comprehensive, accessible and user- friendly manner the funding opportunities for STEP investments availabl. It seeks to solve an existing market failure, namely an asymmetry of information problem, that hampers the effective uander the EU budget. This efficient implementation of EU funds. This Portal should include information about directly managed programmes, such asincluding but not limited to Horizon Europe, the Digital Europe programme, the EU4Health programme, and the Innovation Fund, and also other programmes under shared or indirect management, such as InvestEU, the RRF, and cohesion policy funds. The Sovereignty Portal should also include a self-assessment tool and information on any open calls as a means to facilitate access to EU funding. The Sovereignty Portal shall display a list of programmes that have been awarded funds under any EU funding programme. Moreover, the Sovereignty Portal should help increase the visibility for STEP investments towards investors, by listing the projects that have been awarded a Sovereignty Seal. The Portal should also list the national competent authorities responsible for acting as contact points for the implementation of the STEP at national level. The Commission should ensure that already existing Portals (such as, the InvestEU Portal) cease to exist once they have been integrated in the common Sovereignty Portal.
Amendment 136 #
2023/0199(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) A new publicly available website (the ‘Sovereignty Portal’) should be set up by the Commission to provide information on available support to companies and project promoters seeking funds for STEP investments. To that end, it should display in an accessible and user-friendly manner the funding opportunities for STEP investments available under the EU budget. This should include information about directly managed programmes, such as Horizon Europe, the Digital Europe programme, the EU4Health programme, and the Innovation Fund, and also other programmes such as InvestEU, the RRF, and cohesion policy funds. Moreover, the Sovereignty Portal should help increase the visibility for STEP investments towards investors, by listing the projects that have been awarded a Sovereignty Seal. The Portal should also list the national competent authorities responsible for acting as contact points for the implementation of the STEP at national level. The Commission should ensure the complementarity of the Portal with other similar platforms, including the NZIA Platform, and avoid red tape and administrative burden thereof.
Amendment 140 #
2023/0199(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) While the STEP relies on the reprogramming and reinforcement of existing programmes for supporting strategic investments reducing the Union dependencies, it is also an important element for testpreparing the feasibility and preparation of new interventions as a step towardsestablishment of a European Sovereignty Fund. The evaluation in 2025 will assess the relevance of the actions undertaken and serve as basis for assessing the need for an upscaling of the supp, provide an update on the state of the dependencies of the European Union and the most strategic sectors to strengthen its autonomy in a comprehensive way. This assessment will serve as a basis for the establishment of a European Sovereignty Fund to be integrated into the post-2027 Multiannual Financial Framewortk towards strategic sectorargeting key dependencies and increasing European investments in innovative projects with a strong economic potential for the Single Market and its competitiveness.
Amendment 148 #
2023/0199(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Directive 2003/87/EC54 should be amended to allow for additional financing with a financial envelope for the period 2024-2027 of EUR 5,8 billion. The Innovation Fund supports investments in innovative low-carbon technologies, which is a scope that is to be covered by the STEP. The increase in volume of the Innovation Fund should therefore allow to provide financing responding to the objective of supporting the development or manufacturing in the Union of critical clean technologies. In line with the objectives of ensuring cohesion and promoting the Single Market, and in order to support the green transition and the development of clean technologies throughout the Union, the additional financial envelope should be made available through calls for proposals open to entities from Member States whose average GDP per capita is below the EU average of the EU-27 measured in purchasing power standards (PPS) and calculated on the basis of Union figures for the period 2015-2017. _________________ 54 Directive 2003/87/EC establishing a scheme for greenhouse gas emission allowance trading (OJ L 275, 25.10.2003, p. 32).
Amendment 156 #
2023/0199(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) In order to extend support possibilities for investments aimed at strengthening industrial development and reinforcement of value chains in strategic sectors, the scope of support from the ERDF should be extended by providing for new specific objectives under the ERDF, without prejudice to the rules on eligibility of expenditure and climate spending as set out in Regulation (EU) 2021/106055 and Regulation (EU) 2021/105856 . In strategic sectors, it should also be possible to support productive investments in enterprises other than SMEs, which can make a significant contribution to the development of less developed and transition regions, as well as in more developed regions of Member States with a GDP per capita below the EU average. However, even if this possibility exists, it is of the utmost importance that SMEs are not excluded from the programme funding, and a significant and proportionate part of it should still be allocated to them. Managing authorities are encouraged to promote the collaboration between large enterprises and local SMEs, supply chains, innovation and technology ecosystems. Thi, and to ensure that SMEs still have effective access to the programme. These changes would allow reinforcinge Europe’s overall capacity to strengthen its position in those sectors through providing access to all Member States for such investments, thus counteracting the risk of increasing disparities. _________________ 55 Regulation (EU) 2021/1060 laying down common provisions (OJ L 231, 30.6.2021, p. 159). 56 Regulation (EU) 2021/1058 on the European Regional Development Fund and on the Cohesion Fund (OJ L 224, 24.6.2021, p. 31).
Amendment 177 #
2023/0199(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Horizon Europe is the EU’s key funding programme for research and innovation, and its European Innovation Council (EIC) provides for support for innovations with potential breakthrough and disruptive nature with scale-up potential that may be too risky for private investors. Additional flexibility should be provided for under Horizon Europe, so that t to improve the participation of SMEs and their access to finance, in particular to the EIC. The EIC Accelerator canshould provide equity- only support to non-bankable SMEs, including start-ups, and non- bankable SMEs and small mid-caps, carrying out innovation in the technologies supported by the STEP and regardless of whether they previously received other types of support from the EIC Accelerator. The implementation of the EIC Fund is currently limited to a maximum investment amount of EUR 15 million except in exceptional cases and cannot accommodate follow-on financing rounds or larger investment amounts. Allowing for equity- only support for non-bankable SMEs and small mid-caps would address the existing market gap with investments needs in the range of EUR 15 to 50 million. Moreover, experience has shown that the amounts committed for the EIC Pilot under Horizon2020 are not fully used. These unused funds should be made available for the purposes of the EIC Accelerator under Horizon Europe. The Horizon Europe Regulation should also be amended to reflect the increased envelope for the European Defence Fund.
Amendment 188 #
2023/0199(COD)
1. To strengthen European sovereignty and security, reduce its strategic dependencies, accelerate the Union’s green and digital transitions and enhance its competitiveness, reduce its strategic dependencies, favour a level playing field in the Single Market for investments throughout the Union, and promote inclusive access to attractive, quality jobs, the Platform shall pursue the following objectives:
Amendment 208 #
2023/0199(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point b a (new)
Article 2 – paragraph 1 – point b a (new)
(ba) facilitate access to finance for project promoters, streamlining the procedures and reducing the administration burden thereof.
Amendment 209 #
2023/0199(COD)
Proposal for a regulation
Article 2 – paragraph 2 – introductory part
Article 2 – paragraph 2 – introductory part
2. The technologies referred to in point (a) of the first paragraph, shall be deemed to be critical where they meet at least one of the following conditcontribute to reduce or prevent strategic dependencies of the Unions:.
Amendment 210 #
2023/0199(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
Amendment 215 #
2023/0199(COD)
Amendment 229 #
2023/0199(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) a Union guarantee referred to in Article 4(1) of Regulation (EU) 2021/523 with the indicative amount of EUR 710 500 000 000 That guarantee shall be implemented in accordance with Regulation (EU) 2021/523;
Amendment 236 #
2023/0199(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) an amount of EUR 5 0800 000 000 in current prices of the financial envelope referred to in the sixth subparagraph of Article 10a(8) of Directive 2003/87/EC. That amount shall be implemented within the Innovation Fund in accordance with the rules of Article 10a(8) of Directive 2003/87/EC and Commission Delegated Regulation [2019/856].
Amendment 238 #
2023/0199(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) An amount of EUR 13 500 000 000 in current prices of the financial envelope referred to in Article 4(1) of Regulation (EU) 2021/697. That amount shall be implemented in accordance with Regulation (EU) 2021/697.
Amendment 240 #
2023/0199(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) An amount of EUR 13 500 000 000 in current prices of the financial envelope referred to in Article 4(1) of Regulation (EU) 2021/697. That amount shall be implemented in accordance with Regulation (EU) 2021/697.
Amendment 249 #
2023/0199(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The Commission shall award a Sovereignty Seal, valid for a period of 5 years, to any action contributing to any of the Platform objectives, provided the action has been assessed and complies with the minimum quality requirements, in particular eligibility, exclusion and award criteria, provided by a call for proposals under Regulation (EU) 2021/695, Regulation (EU) 2021/694, Regulation (EU) 2021/697, Regulation (EU) 2021/522, or Commission Delegated Regulation (EU) 2019/856.
Amendment 266 #
2023/0199(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
Amendment 276 #
2023/0199(COD)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. The Commission shall establish a dedicated publicly available website (the ‘Sovereignty portal’), providing investors with where information about all EU funding opportunities for projects linked to the Platform objectives and grant visibility to those projects, in particular by displaying the following information:programmes under direct, shared or indirect management is displayed.
Amendment 277 #
2023/0199(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
Amendment 278 #
2023/0199(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
Amendment 279 #
2023/0199(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
Amendment 280 #
2023/0199(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
Amendment 282 #
2023/0199(COD)
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. The Sovereignty Portal shall serve project promoters to find available EU funding programmes that are relevant for their project. With this aim, the Sovereignty Portal shall include: (a) information about all EU funding programmes and access to any open calls for proposals and calls for tender, and (b) a self-assessment tool for project promoters, which will gather information about the particular project in order to highlight the relevant EU funding programmes under direct, shared or indirect management, for which the project could be eligible.
Amendment 283 #
2023/0199(COD)
Proposal for a regulation
Article 6 – paragraph 1 b (new)
Article 6 – paragraph 1 b (new)
1b. The Sovereignty Portal shall display an up to date list of projects that have been awarded funds under any EU funding programme, as well as those projects that have been awarded a Sovereignty Seal according to Article 4 of this Regulation. The Portal shall allow public and private investors to filter the listed projects.
Amendment 285 #
2023/0199(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The Sovereignty portal shall be launched atnot later than 6 months after the [date of the entry into force of this Regulation] and shall be updated by the Commission regularly.
Amendment 290 #
2023/0199(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. By 31 DecemberJune 2025, the Commission shall provide the European Parliament and the Council with an evaluation report on the implementation of the Platform, on the state of the dependencies of the Union and the strategic sectors for the its sovereignty.
Amendment 294 #
2023/0199(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The evaluation report shall, in particular, assess to which extent the objectives have been achieved, the efficiency of the use of the resources and the European added value. It shall also consider the continued relevance of all objectives and actions, in view of their potential upscaling.
Amendment 296 #
2023/0199(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Where appropriate, tThe evaluation shall be accompanied by a proposal for amendments of this Regulation, in view of the creation of a European Sovereignty Fund. In case the Commission does not present a European Sovereignty Fund, it shall provide the justification in a report to the Council of the European Union and the European Parliament.
Amendment 302 #
2023/0199(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point 1
Article 9 – paragraph 1 – point 1
In addition to the allowances referred to in the first to fifth subparagraphs of this paragraph, the Innovation Fund shall also implement a financial envelope for the period from 1 January 2024 to 31 December 2027 of EUR 5 0800 000 000 in current prices for supporting investments contributing to the STEP objective referred to in Article 2, point (a)(ii) of Regulation .../...63 [STEP Regulation]. This financial envelope shall be made available to support investments only in Member States whose average GDP per capita is below the EU average of the EU-27 measured in purchasing power standards (PPS) and calculated on the basis of Union figures for the period 2015-2017 _________________ 63 Regulation …/… of the European Parliament and of the Council … [insert full title and OJ reference].
Amendment 338 #
2023/0199(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point 2 – point a
Article 16 – paragraph 1 – point 2 – point a
Regulation (EU) 2021/523
Article 4 – paragraph 1 – first subparagraph
Article 4 – paragraph 1 – first subparagraph
The EU guarantee for the purposes of the EU compartment referred to in Article 9(1), point (a), shall be EUR 336 652 310 073 in current prices. It shall be provisioned at the rate of 40 %. The amount referred to in Article 35(3), first subparagraph, point (a), shall be also taken into account for contributing to the provisioning resulting from that provisioning rate.;
Amendment 345 #
2023/0199(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point 2 – point b
Article 16 – paragraph 1 – point 2 – point b
Regulation (EU) 2021/523
Article 4 – paragraph 2 – second subparagraph
Article 4 – paragraph 2 – second subparagraph
An amount of EUR 218 827 310 073 in current prices of the amount referred to in the first subparagraph of paragraph 1 of this Article shall be allocated for the objectives referred to in Article 3(2).;
Amendment 355 #
2023/0199(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point 6
Article 16 – paragraph 1 – point 6
Regulation (EU) 2021/523
Article 13 – paragraph 4
Article 13 – paragraph 4
4. At least 75 % of the EU guarantee under the EU compartment as referred to in Article 4(1), first subparagraph, amounting to at least EUR 25 237 489 232 554, shall be granted to the EIB Group. The EIB Group shall provide an aggregate financial contribution amounting to at least EUR 6 309 8872 308 138. That contribution shall be provided in a manner and form that facilitates the implementation of the InvestEU Fund and the achievement of the objectives set out in Article 15(2).;
Amendment 364 #
2023/0199(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point 6 d (new)
Article 16 – paragraph 1 – point 6 d (new)
Regulation (EU) 2021/523
Article 19 – paragraph 1 – second subparagraph
Article 19 – paragraph 1 – second subparagraph
(6d) In Article 19(1), the second sub- paragraph shall be replaced by the following: "The implementing partner shall have appropriate exposure at its own risk to financing and investment operations supported by the EU guarantee, unless exceptionally the policy objectives targeted by the financial product to be implemented are of such nature that the implementing partner could not reasonably contribute its own risk-bearing capacity to it. The EU guarantee will cover up to 100% of the risk exposure in projects that fall under the STEP policy window" (Ensure coverage of high-risk investment in STEP projects.) Or. en (https://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=CELEX:32021R0523&qid=1694106546408)
Amendment 367 #
2023/0199(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point 9
Article 16 – paragraph 1 – point 9
Regulation (EU) 2021/523
Article 25 – paragraph 2 – point j
Article 25 – paragraph 2 – point j
(j) provide advisory support to equity fund managers and other relevant stakeholders active in the areas referred to in point (e) of Article 8(1), including, regarding the valuation of intangible assets.
Amendment 368 #
2023/0199(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point 9 a (new)
Article 16 – paragraph 1 – point 9 a (new)
Regulation (EU) 2021/523
Article 26 – paragraph 1
Article 26 – paragraph 1
(9a) Article 26(1) shall be replaced by the following: "The Commission shall establish the InvestEU Portal. The InvestEU Portal shall be an easily accessible and user-friendly project database that provides relevant information for each project. The Commission shall ensure the InvestEU Portal ceases to exist once it is integrated in the common Sovereignty Portal, as referred to in Article 6 of the [STEP Regulation]." Or. en (https://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=CELEX:32021R0523&qid=1694106546408)
Amendment 372 #
2023/0199(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point 12
Article 16 – paragraph 1 – point 12
Regulation (EU) 2021/523
Annex I – point (e)
Annex I – point (e)
(e) up to EUR 710 500 000 000 for objectives referred to in Article 3(2), point (e).
Amendment 385 #
2023/0199(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point 1 – point a
Article 18 – paragraph 1 – point 1 – point a
Regulation (EU) 2021/697
Article 4 – paragraph 1
Article 4 – paragraph 1
1. In accordance with Article 12(1) of Regulation (EU) 2021/695, the financial envelope for the implementation of the Fund for the period from 1 January 2021 to 31 December 2027 shall be EUR 911 453 000 000 in current prices.
Amendment 387 #
2023/0199(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point 1 – point b
Article 18 – paragraph 1 – point 1 – point b
Regulation (EU) 2021/697
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) EUR 3 151484 000 000 for research actions;
Amendment 388 #
2023/0199(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point 1 – point b
Article 18 – paragraph 1 – point 1 – point b
Regulation (EU) 2021/697
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) EUR 6 3027 969 000 000 for development actions.
Amendment 21 #
2023/0156(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1 a) Common Customs Tariff duties and other duties established in respect of trade with third countries constitute an own resource entered in the Union budget, and represent a legitimate, stable and important source of revenue for the Union budget. For the sake of covering the operating costs supported by their national administrations to ensure the proper functioning of the EU Customs Union, Member States retain, by way of collection costs, a percentage of the amount of customs duties collected by them.
Amendment 22 #
2023/0156(COD)
Proposal for a regulation
Recital 1 b (new)
Recital 1 b (new)
(1 b) Over the period covering the MFF 2021-2027, Member States retain 25% of the collected customs duties as a retention cost, a rate in constant increase compared to the previous MFF. Such an upward trend undermines the Union budget, goes against the spirit of the Own Resources Decision and leads to an equivalent increase in Member States contribution to the Union budget, the GNI-based contribution acting as an adjustment factor to ensure a balanced EU budget. The retention of customs duties by Member States shall only be justified to cover operating costs incurred by customs authorities, and shall be strictly limited to this purpose.
Amendment 23 #
2023/0156(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The implementation of Regulation (EU) No 952/2013 has disclosed weaknesses in several areas. These include: the insufficient/ineffective action in ensuring the protection of the Union and its citizens against non-financial risks applicable to goods established by Union policies other than customs legislation; the capacity of customs authorities to effectively handle the increasing volume of goods imported from third country via distance sales (e-commerce transactions); the capacity of the IT systems architecture created by Regulation (EU) No 952/2013 to digitalise customs processes to keep up with the pace of technological progress, namely with technologies based on the exploitation of data; the lack of effective governance structures of the customs union, resulting in divergent practices and non-uniform implementation of the rules in the Member States. Those weaknesses lead to the emergence of obstacles to the proper functioning of the customs union and therefore of the internal market, due to the internal and external risks and threats, and have also significantly undermined the capacity of national authorities to levy customs duties proportionate to the real value of imports entering the EU Single Market. This customs gap has led to an important loss of revenues for the Union budget, which should be addressed.
Amendment 26 #
2023/0156(COD)
Proposal for a regulation
Recital 56
Recital 56
(56) The Member States and, the Commission and the European Parliament should be represented on a Management Board, in order to ensure the effective functioning of the EU Customs Authority. The composition of the Management Board, including the selection of its Chairperson and Deputy- Chairperson, should respect the principles of gender balance, experience and, qualification and integrity. Given the Union’s exclusive competence on the customs union, and the close link between customs and other policy fields, it is appropriate that its chairperson is elected from among those Commission representatives. In view of the effective and efficient functioning of the EU Customs Authority, the Management Board should, in particular, adopt a Single Programming Document including annual and multiannual programming, carry out its functions relating to the Authority’s budget, adopt the financial rules applicable to the Authority, appoint an Executive Director, and establish procedures for taking decisions relating to the operational tasks of the Authority by the Executive Director. The Management Board should be assisted by an Executive Board.
Amendment 28 #
2023/0156(COD)
Proposal for a regulation
Recital 57
Recital 57
(57) To guarantee its effective functioning, the EU Customs Authority and support its efforts towards a better coordination between national customs authorities, the EU Customs Authority should be provided with the necessary financial and human resources. For this purpose, it should be granted an autonomous budget, with revenue coming from the general budget of the Union and complemented by any voluntary financial contribution from the Member States, providing it does not jeopardise the independence of the Authority. In exceptional and duly justified circumstances, the EU Customs Authority should also be in the position to receive additional revenues through contribution agreements or grant agreements, and charges for publications and any other service provided by the EU Customs Authority.
Amendment 29 #
2023/0156(COD)
Proposal for a regulation
Recital 57 a (new)
Recital 57 a (new)
(57 a) With regard to the prevention and management of conflicts of interest, it is essential that the Authority acts impartially, demonstrates integrity and establishes high professional standards. There should never be any legitimate reason to suspect that decisions might be influenced by interests conflicting with the role of the Authority as a body serving the Union as a whole or by private interests or affiliations of any member of the Management Board which would create, or have the potential to create, a conflict with the proper performance of the official duties of the person concerned. The Management Board should therefore adopt comprehensive rules on conflicts of interests.
Amendment 31 #
2023/0156(COD)
Proposal for a regulation
Recital 64 a (new)
Recital 64 a (new)
(64 a) Pecuniary charges resulting from the application of common minimum non- criminal sanctions shall be transferred to the Union budget as other revenues.
Amendment 32 #
2023/0156(COD)
Proposal for a regulation
Recital 64 b (new)
Recital 64 b (new)
(64 b) If Member States decide to provide for further acts and omissions that constitute customs infringements than those defined in the present regulation, or if they decide to provide for pecuniary sanctions above the minimum thresholds for customs infringements defined in the present regulation, they shall retain the proceeds of the corresponding pecuniary charges resulting from the application of these sanctions.
Amendment 33 #
2023/0156(COD)
Proposal for a regulation
Recital 65
Recital 65
(65) The performance of the customs union, including the costs incurred by customs authorities to carry out their tasks, should be evaluated at least on an annual basis to allow the Commission, with the help of the Member States, to take the appropriate policy orientations, including with regard to the retention rate applied by Member States on customs duties collected by them. The collection of information from customs authorities should be formalised and deepened, as more comprehensive reporting would improve benchmarking and could help to homogenise practices and assess the impact of customs policy decisions. It is, therefore, appropriate to introduce a legal framework for the evaluation of the performance of the customs union. To allow sufficient granularity of analysis, the performance measurement should be done not only at national level but also at border crossing point level. The EU Customs Authority should support the Commission in the evaluation process by gathering and analysing the data in the EU Customs Data Hub and identifying how customs activities and operations support the achievement of the strategic objectives and priorities of the customs union and contribute to the mission of customs authorities. In particular, the EU Customs Authority should identify key trends, strengths, weaknesses, gaps, and potential risks, and provide recommendations for improvement to the Commission. It should also support the Commission to carry out, in close cooperation with Member States, an analysis of the operating costs incurred by national customs authorities for the fulfilment of their tasks. In the context of cooperation with law enforcement and security authorities in particular, the EU Customs Authority should also participate, from the operational perspective, in strategic analyses and threat assessments conducted at Union level, including those carried out by Europol and Frontex.
Amendment 34 #
2023/0156(COD)
Proposal for a regulation
Article 204 – paragraph 3
Article 204 – paragraph 3
3. The EU Customs Authority shall set up a crisis response cell that is permanently available throughout the crisis. This cell should be financed by the budget granted to the EU Customs Authority.
Amendment 35 #
2023/0156(COD)
Proposal for a regulation
Article 208 – paragraph 3 – point b
Article 208 – paragraph 3 – point b
(b) carry out performance measurement for the customs union, and support the Commission in its evaluation of the performance of the customs union, including the measurement of operating costs incurred by customs authorities to carry out their activity, in accordance with Title XV, Chapter 1;
Amendment 36 #
2023/0156(COD)
Proposal for a regulation
Article 208 – paragraph 3 – point k a (new)
Article 208 – paragraph 3 – point k a (new)
(k a) monitor the legal frameworks applied in the Member States to deter non-compliance with the Union Customs Code and support the Member States in the implementation and application of minimum non-criminal sanctions defined in Article 254;
Amendment 39 #
2023/0156(COD)
Proposal for a regulation
Article 212 – paragraph 5 a (new)
Article 212 – paragraph 5 a (new)
5 a. Each member and alternate shall sign a written statement at the time of taking office declaring that he or she is not in the situation of conflict of interests. Each member and alternate shall update his or her statement in the case of a change of circumstances with regard to any conflict of interests, or at least on an annual basis. The Authority shall publish the statements and updates on its website.
Amendment 42 #
2023/0156(COD)
Proposal for a regulation
Article 214 – paragraph 6
Article 214 – paragraph 6
6. When a matter of confidentiality or conflict of interests is on the agenda, the Management Board shall discuss and decide on this matter without the presence of the member concerned. This shall not affect the right of the Member States, the European Parliament and of the Commission to be represented by an alternate or by any other person. Detailed rules for the application of this provision may be laid down in the rules of procedure.
Amendment 58 #
2023/0156(COD)
Proposal for a regulation
Article 254 a (new)
Article 254 a (new)
Article 254a Transfer of the proceeds of non-criminal pecuniary sanctions to the EU budget and to Member States 1. The proceeds of pecuniary charges resulting from the application of common minimum non-criminal sanctions as defined in Article 254 of the present regulation shall be assigned to the EU budget as other revenues, net of the cost incurred by national authorities for the prosecution of customs infringements. 2. If Member States decide to provide for further acts and omissions that constitute customs infringements than those defined in Article 252 of the present regulation, or if they decide to provide for pecuniary sanctions above the minimum thresholds for Union customs infringements defined in Article 254 of the present regulation, they shall transfer the proceeds of the corresponding pecuniary charges resulting from the application of these sanctions to their national budget.
Amendment 59 #
2023/0156(COD)
Proposal for a regulation
Article 255 – paragraph 1
Article 255 – paragraph 1
1. The Commission shall assess and evaluate the performance of the customs union at least on an annual basis. This includes the measurement of customs activities performed by the customs authorities of the Member States and where possible candidate countries at national and border crossing points levels, as well as a regular monitoring of the level of expenditure incurred by national customs authorities in carrying out their activities, and a recommendation on the level of customs duties retention to be applied by Member States for the financing of their customs authorities. Such measurement may build on existing tools developed by the Commission and Member States for this purpose.
Amendment 60 #
2023/0156(COD)
Proposal for a regulation
Article 255 – paragraph 2
Article 255 – paragraph 2
2. The EU Customs Authority shall assist the Commission with that task. To support the Commission in its evaluation of the performance of the custom union, the EU Customs Authority shall identify how customs activities and operations support the achievement of the strategic objectives and priorities of the customs union and contribute to the mission of customs authorities laid down in Article 2. In particular, the EU Customs Authority shall identify key trends, strengths, weaknesses, gaps, and potential risks, support the Commission in gathering relevant data regarding the levels of expenditure incurred by national customs authorities to ensure their functioning, and provide recommendations for improvement to the Commission.
Amendment 61 #
2023/0156(COD)
Proposal for a regulation
Article 256 – paragraph 4
Article 256 – paragraph 4
4. The Commission shall verify the report and transmit it afterwards to the Member States and the European Parliament for information.
Amendment 196 #
2023/0138(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) National medium-term fiscal- structural plans should bring together the fiscal, structural reforms and investment commitments of each Member State and these plans should be the cornerstone of the economic governance framework of the Union. Each Member State should present a medium-term plan that sets out its fiscal trajectory as well as priority public investment and reform commitments that together ensurshould contribute sustained and gradual debt reduction and sustainable and inclusive growth and resilience, avoiding a pro-cyclical fiscal policy, as well as broader reform and investment commitments, including in relation to the green and digital transitions, social and economic resilience and the implementation of the European Pillar of Social Rights, including the related targets on employment, skills and poverty reduction by 2030. During the lifetime of the Recovery and Resilience Facility25 , commitments undertaken in the national Recovery and Resilience Plans should be duly taken into account. _________________ 25 Regulation (EU) 2021/241 of the European Parliament and of the Council of 12 February 2021 establishing the Recovery and Resilience Facility (OJ L 57, 18.2.2021, p. 17).
Amendment 212 #
2023/0138(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
Amendment 251 #
2023/0138(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) The Commission’s assessment of the national medium-term fiscal-structural plans should examine in particular the plausibility of the macroeconomic and fiscal assumptions, to the extent that they depart from those underlying the technical trajectory. In particular, the debt projections at unchanged policy to be included in the plan should be consistent and comparable with the Commission projections.
Amendment 260 #
2023/0138(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) To ensure a more gradual debt reduction, the adjustment period can be extended by a maximum of 3 years if the Member State underpins its medium-term fiscal-structural plan with a set of verifiable and time-bound reforms and investment that, taken altogether: are growthresilience-enhancing, support fiscal sustainability, address the common priorities of the Union, address relevant country-specific recommendations addressed to the Member State under the European Semester, and address the country-specific investment priorities without leading to cuts in other nationally financed public investment over the adjustment period in order to ensure a macroeconomic impact of investments and avoid crowding out of other investment priorities.
Amendment 274 #
2023/0138(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) Independent fiscal institutions have proven their capacity to foster fiscal discipline and strengthen the credibility of Member States’ public finances. In order to enhance national ownership, the role of independent fiscal institutions, traditionally mandated to monitor compliance with the national framework, should be expanded to the economic governance framework of the Unionmaintained and adapted to the medium-term fiscal- structural plans.
Amendment 302 #
2023/0138(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation sets out rules ensuring effective coordination of economic policies of the Member States, thereby supporting the achievement of the Union’s objectives for sustainable and inclusive growth and quality employment.
Amendment 327 #
2023/0138(COD)
(2) ‘net expenditure’ means government expenditure net of interest expenditure, discretionary revenue measures and other budgetary variables outside the control of the government as set out in Annex II, point (a). The government expenditure aggregate should be adjusted by averaging the investment expenditure over seven years;
Amendment 348 #
2023/0138(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) ‘annual progress report’ means the document of a Member State reporting on the implementation of the national medium-term fiscal-structural plan, including the net expenditure path, and of the reforms and investment commitments included in its national medium-term fiscal-structural plan;
Amendment 369 #
2023/0138(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
In order to ensure closer coordination of economic and employment policies and sustaineable upward convergence of the economic and social performance of the Member States in line with Union common priorities, the Council and the Commission shall conduct multilateral surveillance within the European Semester in accordance with the objectives and requirements set out in the TFEU. Multilateral surveillance shall rely on high quality and independent statistics, produced in accordance with the principles laid down in Regulation (EC) No 223/2009 of the European Parliament and of the Council.
Amendment 388 #
2023/0138(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
(c) the submission, assessment and endorsement of Member States’ medium- term fiscal-structural plans, where appropriate, as well as their monitoring via the annual progress reports;
Amendment 396 #
2023/0138(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point e a (new)
Article 3 – paragraph 2 – point e a (new)
(e a) the formulation and the surveillance of the implementation recommendations on the common priorities listed in Article 12(1), point (ba), in particular past and current investments and each member states investment gaps associated to those priorities.
Amendment 427 #
2023/0138(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
For each Member State having a public debt above the 60% of GDP reference value or a government deficit above the 3% of GDP reference value, the Commission shall put forward, in a report to the Economic and Financial Committee, a technical trajectory for net expenditure after the submission of a proposal by the Member State and the dialogue in accordance with the procedure referred to in Article 7. The technical trajectory for net expenditure shall covering a minimum adjustment period of 4 years of the national medium-term fiscal- structural plan, and its possible extension by a maximum of 3 years pursuant to Article 13. The Commission shall make the report public.
Amendment 440 #
2023/0138(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) the publicby the end of the adjustment period, at the latest, the 10-year debt tratio is put or remainjectory in the absence of further budgetary measures is on a plausibly downward path, or stays at prudent levels;
Amendment 449 #
2023/0138(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) the government deficit is brought and maintained below the 3% of GDP reference value in the absence of further budgetary measures over the same 10- year period;
Amendment 459 #
2023/0138(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
Amendment 467 #
2023/0138(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
Amendment 493 #
2023/0138(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point e
Article 6 – paragraph 1 – point e
Amendment 508 #
2023/0138(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
The technical trajectories shall be differentiated for each Member State. The criteria for setting the technical trajectories are set out in Annex I.
Amendment 515 #
2023/0138(COD)
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. By [1 March] of the year [xxxx] in which the Member States have to submit for the first time their medium-term fiscal- structural plans or, by [1 March] of the last year covered by the ongoing medium-term fiscal-structural plan or as appropriate, within 3 weeks from the request of the Member State to submit a new plan, the Commission shall publish:
Amendment 518 #
2023/0138(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) the underlying medium-term public debt pits macrojection framework and resultonomic forecast and assumptions;
Amendment 523 #
2023/0138(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) its macunderlying medium-term public debt projeconomic forecast and assumptiontion framework and results;
Amendment 540 #
2023/0138(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. For Member States having a government deficit below the 3% of GDP reference value and public debt below the 60% of GDP reference value, the Commission shall provide technical information regarding the structural primary balance necessary to ensure that the headline deficit is maintained below the 3% of GDP reference value without any additional policy measures over a 10-year period after the end of the national medium-term fiscal-structural plan while taking into account the investment needs of those Member States to deliver on the common European priorities listed in Article 12, point (ba).
Amendment 541 #
2023/0138(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
Amendment 551 #
2023/0138(COD)
Proposal for a regulation
Article 8 – title
Article 8 – title
Assessment of plausibility and debt sustainability
Amendment 585 #
2023/0138(COD)
Proposal for a regulation
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
Each Member State shall submit to the Council and to the Commission a new national medium-term fiscal-structural plan before end-April of the last year covered by the ongoing medium-term fiscal-structural plan.
Amendment 624 #
2023/0138(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Where the national-medium-term fiscal-structural plan includes a higher net expenditure trajectory than in the technical trajectory issued by the Commission pursuant to Article 5, the Member State shall provide in its plan sound and verifiable economic arguments explainingduly justify the difference.
Amendment 635 #
2023/0138(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point a
Article 12 – paragraph 1 – point a
(a) ensure the primary structural fiscal adjustment necessary to put or keep public debt on a plausibly downward path by the end of the adjustment period at the latest, or remain at prudent levels, and to bring and maintain the government deficit below the 3% of GDP reference value over the medium term;
Amendment 638 #
2023/0138(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point a a (new)
Article 12 – paragraph 1 – point a a (new)
(a a) assess the national public and private investment gaps to achieve the common priorities of the Union listed in Article 12;
Amendment 652 #
2023/0138(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point b
Article 12 – paragraph 1 – point b
(b) explain how it will ensure the delivery of investment and reforms responding to the main challenges identified within the European Semester, in the country-specific recommendations, correct the identified macroeconomic imbalances under the Macroeconomic Imbalances Procedure if applicable, and address the common priorities of the Union referred to in Annex VI of this Regulation, including the European Green Deal, European Pillar of Social Rights and the Digital Decade while being consistent with the updated National Energy and Climate Plans and the National Digital Decade Roadmapthe national investment gap as identified in the national fiscal-structural plans;
Amendment 658 #
2023/0138(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point b a (new)
Article 12 – paragraph 1 – point b a (new)
(b a) explain the consistency of the plan with the common priorities of the Union, as follows: (a) The European Green Deal, including the objectives of the Regulation 2021/1119 (European Climate Law) and the National Energy and Climate Plans; (b) The European Pillar of Social Rights including the related targets on employment, skills and poverty reduction by 2030; (c) The Digital Decade Policy Programme 2030, and reflected at national level through the National Digital Decade Strategic Roadmaps; (d) A Strategic Compass for Security and Defence - For a European Union that protects its citizens, values and interests and contributes to international peace and security.
Amendment 665 #
2023/0138(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point b b (new)
Article 12 – paragraph 1 – point b b (new)
(b b) quantify the current and planned expenditures, in particular for activities listed in Annex VI of Regulation (EU) 2021/241 for sectors listed in NACE Rev.2 (A*64 aggregation level) and explain their consistency with the reduction of the investment gap referred to in point (aa) within the timeframe of the plan;
Amendment 667 #
2023/0138(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point b b (new)
Article 12 – paragraph 1 – point b b (new)
(b b) disclose the change of public debt net of the sum of the cumulative investment undertaken in support of each common priority of the Union referred to in Article 12, point (ba);
Amendment 676 #
2023/0138(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point d a (new)
Article 12 – paragraph 1 – point d a (new)
(d a) quantify the current and planned green transition expenditures, in particular for activities listed in Annex VI of Regulation (EU) 2021/241 for sectors listed in NACE Rev.2 (A*64 aggregation level).
Amendment 681 #
2023/0138(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point d b (new)
Article 12 – paragraph 1 – point d b (new)
(d b) list the significant investments that support or carry out economic activities that do significant harm to any environmental objective within the meaning of the ‘Do no significant harm’ referred to in Article 17 of Regulation (EU) 2020/852;
Amendment 697 #
2023/0138(COD)
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 1
Article 13 – paragraph 2 – subparagraph 1
The set of reform and investment commitments underpinning an extension of the adjustment period, shall be commensurate with the degree of public debt challengesnational investment gap as identified in the national fiscal- structural plans referred to in Article 12, point (aa), and challenges to medium- term growth in the Member State concerned.
Amendment 703 #
2023/0138(COD)
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 2 – introductory part
Article 13 – paragraph 2 – subparagraph 2 – introductory part
The set of reforms and investment commitments shall fulfil, taken altogether, several of the following criteria:
Amendment 706 #
2023/0138(COD)
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 2 – point i
Article 13 – paragraph 2 – subparagraph 2 – point i
(i) be growth enhancing; sustainable and growth enhancing while respecting the targets set in Regulation (EU) 2021/1119 (European Climate Law);
Amendment 709 #
2023/0138(COD)
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 2 – point i
Article 13 – paragraph 2 – subparagraph 2 – point i
(i) be growth and resilience enhancing;
Amendment 723 #
2023/0138(COD)
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 2 – point iii
Article 13 – paragraph 2 – subparagraph 2 – point iii
(iii) address the common priorities of the Union referred to in Annex VIrticle 12, point (ba);
Amendment 733 #
2023/0138(COD)
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 2 – point v
Article 13 – paragraph 2 – subparagraph 2 – point v
Amendment 746 #
2023/0138(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Each of the reform and investment commitments underpinning an extension of the adjustment period shall be sufficiently detailed, front-loadedistributed proportionally throughout the period covered by the plan and at the latest by the end of the adjustment period, time-bound and verifiable.
Amendment 753 #
2023/0138(COD)
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
4. During the lifetime of the Recovery and Resilience Facility, in accordance with Regulation (EU) 2021/241, commitments included in the approved Recovery and Resilience Plan of the Member State concerned canshall be taken into account for an extension of the adjustment period.
Amendment 771 #
2023/0138(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. A Member State may request to submit a revised national medium-term fiscal-structural plan to the Commission before the end of its adjustment periodlast year covered by the ongoing medium-term fiscal-structural plan if there are objective circumstances preventing the implementation of the originalngoing national medium-term fiscal- structural plan or if the submission of a new national medium-term fiscal-structural plan is requested by a new government.
Amendment 784 #
2023/0138(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Taking into account the past adjustment of the Member State concerned or the lack thereof, the new technical trajectory shall not allow backloading of the fiscal adjustment effort and shall not lead to a lower fiscal adjustment efforthe new technical trajectory shall as a rule uphold the ambition of the previous fiscal path.
Amendment 791 #
2023/0138(COD)
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
5. The Commission shall in particular assess, if applicable, whether any extension of the adjustment period is to continue to apply under the revised national medium- term fiscal- structural plan, taking into account the implementation of thea revised set of reform and investment commitments underpinning the extension under the original plan and the changes in terms of public debt challenges under the revised national medium-term fiscal- structural plan.
Amendment 825 #
2023/0138(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point d
Article 15 – paragraph 2 – point d
Amendment 834 #
2023/0138(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point e
Article 15 – paragraph 2 – point e
Amendment 842 #
2023/0138(COD)
Amendment 862 #
2023/0138(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point f a (new)
Article 15 – paragraph 2 – point f a (new)
(f a) whether the other reform and investment commitments contained in the plan comply with the requirements of Article 12, point (b).
Amendment 872 #
2023/0138(COD)
Proposal for a regulation
Article 15 – paragraph 3 – point b
Article 15 – paragraph 3 – point b
Amendment 904 #
2023/0138(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point b
Article 18 – paragraph 1 – point b
(b) the Council considers that the revised national medium-term fiscal- structural plan does not comply with the requirements set out in Article 15(2) and (3), point (a)2;
Amendment 908 #
2023/0138(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point c
Article 18 – paragraph 1 – point c
(c) the Member State fails to submit a new national medium-term fiscal-structural plan at the end of the periodlast year covered by the previous national medium-term fiscal- structural plan.
Amendment 912 #
2023/0138(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
Where a Member State has been granted an extension of its adjustment period but fails to satisfactorily comply with its set of reform and investment commitments underpinning the extension referred to in Article 13(1), the Council may on a recommendation from the Commission, recommend that the Member State concerned submits an amended national medium-term fiscal-structural plan with a revised net expenditure path withof a shorter adjustment period.
Amendment 920 #
2023/0138(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Each Member State shall submit to the Commission an annual progress report on the implementation of its national medium-term fiscal-structural plan, by 15 April each year at the latesteach year in April, preferably by mid-April and not later than 30th of April.
Amendment 924 #
2023/0138(COD)
2. The annual progress report referred to in paragraph 1 shall contain in particular information about the progress in the implementation of the net expenditure path, the implementation of broader reform and investment commitments in the context of the European Semester contextand the common priorities of the Union referred to in Article 12 (ba) and, if applicable, in the implementation of the set of reform and investment commitments underpinning an extension of the adjustment period and the progress in reducing the investment gaps referred to in Article 12(aa).
Amendment 932 #
2023/0138(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
The Commission shall monitor the implementation of the national medium- term fiscal-structural plan, and in particular,including the net expenditure path and the reform and investment commitments.
Amendment 948 #
2023/0138(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
Each national independent fiscal institution referred to in Article 8 of Council Directive […]32 [on the national budgetary frameworks] shall provide an assessment of compliance of the budgetary outturns dobserved net expenditure patah reported in the progress report referred to in Article 20 with the net expenditure path planned in the ongoing national medium-term fiscal-structural plan . Where applicable, each national independent fiscal institution shall also analyse the factors underlying a deviation from the net expenditure path. Each national independent fiscal institution shall provide, or endorse, estimations of national public and private investment gaps to achieve the priorities of the Union listed in Article 12, point (ba) _________________ 32 Council Directive […] of […] [amending Council Directive 2011/85/EU on requirements for budgetary frameworks of the Member States] (OJ …., …, p,…)
Amendment 967 #
2023/0138(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. In the event of a significant risk of deviation from the net expenditure path or a risk that the government deficit may exceed the 3% of GDP reference value, the Commission may address a warning to the Member State concerned in accordance with Article 121(4) TFEU.
Amendment 971 #
2023/0138(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
Amendment 984 #
2023/0138(COD)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
As long as the severe economic downturn in the euro area or the Union as a whole persists, the Commission shall continue to monitor debt sustainability, compatibility of policies and investments with the common objectives listed in Article 12, in particular the transition to climate neutrality by 2050 and ensure policy coordination and a consistent policy mix that takes into account the euro area and the Union dimension.
Amendment 998 #
2023/0138(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
On a recommendation from the Commission, the Council may adopt a recommendation allowing a Member State to deviate from its net expenditure path where exceptional circumstances outside the control of the Member State lead to a majorsignificant impact on the public finances of the Member State concerned, provided it continuously supports European common objectives listed in Article 12 and in particular a transition to climate neutrality by 2050 and does not endanger fiscal sustainability in the medium term. The Council shall specify a time-limit for such a deviation.
Amendment 1013 #
2023/0138(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
The European Parliament shall be duly involved in the European Semester in order to increase the transparency and ownership of, and the accountability for the decisions taken, in particular by means of an economic dialogue as well as for setting macroeconomic and social policy priorities . The Economic and Financial Committee, the Economic Policy Committee, the Employment Committee and the Social Protection Committee shall be consulted within the framework of the European Semester where appropriate. Relevant stakeholders, in particular the social partners, shall be involved within the framework of the European Semester, on the main policy issues where appropriate, in accordance with the provisions of the TFEU and national legal and political arrangements.
Amendment 1030 #
2023/0138(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Where a Member State fails to implement the reform and investment commitments included in its national medium-term fiscal-structural plan to address the country-specific recommendations that are relevant for the Macroeconomic Imbalance Procedure established by Regulation (EU) No 1176/2011, and wheren this leads the Commission to considers that the Member State concerned is affected by excessive imbalances in accordance with Article 7(1) of that Regulation, the procedure laid down in Article 7(2) of Regulation (EU) No 1176/2011 shall apply.
Amendment 1042 #
2023/0138(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
The Commission is empowered to adopt delegated acts in accordance with Article 33 to amend Annexes II to VII to adapt them to take due account of further developments or needs regarding the information in the national medium-term fiscal-structural plan (Annex II) or in the annual progress reports (Annex III), regarding the functioning of the control account (Annex IV), regarding the methodology for the assessment of plausibility (Annex V), regarding the common priorities of the Union (Annex VI) or regarding the assessment framework (Annex VII).
Amendment 1063 #
2023/0138(COD)
Proposal for a regulation
Article 36 – paragraph 2 – point a
Article 36 – paragraph 2 – point a
(a) the effectiveness of this Regulation, particularly whether the provisions governing decision-making have proved sufficiently efficient in ensuring a downward path for public debt ratios or maintaining them at to promote debt sustainability and sustainable and inclusive growth in the Member States and prudevent levels in accordance with the relevant Council recommendationthe occurrence of excessive government deficits;
Amendment 1067 #
2023/0138(COD)
Proposal for a regulation
Article 36 – paragraph 2 – point b
Article 36 – paragraph 2 – point b
(b) the progress in ensuring closer coordination of economic policies and sustaineable upward convergence of economic and social performances of the Member States.
Amendment 1075 #
2023/0138(COD)
Proposal for a regulation
Annex I
Annex I
Amendment 1112 #
2023/0138(COD)
Proposal for a regulation
Annex II – paragraph 1 – point f
Annex II – paragraph 1 – point f
(f) In case the Member State makes use of assumptions referred to under point (e) that differ from the Commission’s assumptions over the adjustment period of the national medium-term fiscal-structural plan and the subsequent10-year period in the absence of further budgetary measures, due explanations and justifications based on sound economic arguments of these differences.ly justified
Amendment 1117 #
2023/0138(COD)
Proposal for a regulation
Annex II – paragraph 1 – point h
Annex II – paragraph 1 – point h
(h) If applicable, the duly substantiated reasons (with relevant sound and verifiable economic arguments) for deviating from the technical trajectory put forward by the Commission.
Amendment 1121 #
2023/0138(COD)
Proposal for a regulation
Annex II – paragraph 1 – point j
Annex II – paragraph 1 – point j
(j) Total public investment expenditure, as well as rReforms and public investment expenditure addressing the common priorities of the Union referred to in Annex VI.rticle 12 (ba)
Amendment 1125 #
2023/0138(COD)
Proposal for a regulation
Annex II – paragraph 1 – point l
Annex II – paragraph 1 – point l
(l) A quantification, as much as possible, of the expected impacts of reforms and investment referred to under point (k) on fiscal sustainability, growth and employment, where applicable in line with commonly agreed methodologies.sustainable and inclusive growth, competitiveness and quality employment as well as upward social convergence;
Amendment 1132 #
2023/0138(COD)
Proposal for a regulation
Annex II – paragraph 1 – point o
Annex II – paragraph 1 – point o
Amendment 36 #
2023/0137(CNS)
Proposal for a regulation
Recital 14
Recital 14
Amendment 42 #
2023/0137(CNS)
Proposal for a regulation
Recital 15
Recital 15
(15) To keep track of actual and planned annual deviations from the net expenditure path as set out in Annex IV to Regulation (EU) [on the preventive arm], the Commission should set up a control account for each Member State summing those deviations over time. The information in the control account should be the basis of enforcement actions, in particular of a report pursuant to Article 126(3) TFEU following a deviation from the net expenditure path. At the same time, the degree of ambition of the net expenditure path in the national medium- term fiscal-structural plan referred to in Regulation (EU) [on the preventive arm] should be considered when deciding on the opening of a debt-based EDP. In particular, if the Member State’s net expenditure path set by the Council is more ambitious than the medium-term technical trajectory put forward by the Commission in accordance with Regulation (EU) [on the preventive arm] and the deviation from the path is not significant when measured against this trajectory, the opening of an excessive deficit procedure should be avoided.
Amendment 46 #
2023/0137(CNS)
Proposal for a regulation
Recital 16
Recital 16
(16) The corrective net expenditure path under the EDP should bring or keep the general government deficit durably below the reference value of 3 % of GDP referred to in Article 126(2) TFEU and Protocol No 12 by the deadline established by the Council. The corrective net expenditure path under the EDP should also ensure sufficient progress during the period covered by the recommendation regarding putting the projected debt ratio on a plausibly downward path or remaining at a prudent level. When setting the corrective net expenditure path under the EDP, the Council should also ensure that there is no back-loading of the required primary structural fiscal adjustment effort. The corrective net expenditure path under the EDP would in principle be the one originally set by the Council, while taking into account the need to correct the deviation from that path. In case the original path is no longer feasible, due to objective circumstances, the Council should be able to set a different path under the EDP.
Amendment 53 #
2023/0137(CNS)
Proposal for a regulation
Recital 19
Recital 19
(19) Independent fiscal institutions have proven their capacity to foster fiscal discipline and strengthen the credibility of Member States’ public finances. In order to enhance national ownership, the role of independent fiscal institutions, traditionally mandated to monitor compliance with the national framework, should be expandadapted to the economic governance framework of the Union.
Amendment 102 #
2023/0137(CNS)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EC) No 1467/97
Article 2 – paragraph 3 – subparagraph 1
Article 2 – paragraph 3 – subparagraph 1
Amendment 130 #
2023/0137(CNS)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EC) No 1467/97
Article 2 – paragraph 3 – subparagraph 3 – point b
Article 2 – paragraph 3 – subparagraph 3 – point b
(b) the developments in the medium- term budgetary positions, including, in particular, the size of the actual deviation from the net expenditure path, in annual and cumulative terms as measured by the control account, and the extent to which the deviation is due to a severe economic downturn in the euro area or in the Union as a whole or to exceptional circumstances outside the control of the government with a major impact on the public finances of the Member State concerned in accordance with Articles 24 and 25 of Regulation (EU) [on the preventive arm]. Where relevant, the deviation compared to the technical trajectory shall also be taken into account when considering the size of the deviation;
Amendment 146 #
2023/0137(CNS)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EC) 1467/97
Article 2 – paragraph 3 – subparagraph 3 – point d a (new)
Article 2 – paragraph 3 – subparagraph 3 – point d a (new)
(da) the investments made in defence to ensure open strategic autonomy and in the green transition to achieve the climate goals;
Amendment 191 #
2023/0137(CNS)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation 1467/97
Article 3 – paragraph 4 – subparagraph 1
Article 3 – paragraph 4 – subparagraph 1
The Council recommendation made in accordance with Article 126(7) TFEU shall establish a maximum deadline of six months for effective action to be taken by the Member State concerned. When warranted by the seriousness of the situation, the deadline for effective action may be three months. The Council recommendation shall also establish a deadline for the correction of the excessive deficit. In its recommendation, the Council shall also request that the Member State implements a corrective net expenditure path, which ensures that the general government deficit remains or is brought and maintained below the reference value within the deadline set in the recommendation. For the years when the general government deficit is expected to exceed the reference value, the corrective net expenditure path shall be consistent with a minimum annual primary structural fiscal adjustment of at least 0,5% of GDP as a benchmark.
Amendment 195 #
2023/0137(CNS)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation 1467/97
Article 3 – paragraph 4– subparagraph 2
Article 3 – paragraph 4– subparagraph 2
The corrective net expenditure path shall also put the debt ratio on a plausibly downward path or keep it at a prudent level having regard to the criteria established in Annex Irticle 6 of Regulation (EU) [on the preventive arm]. The corrective net expenditure path shall ensure that the average annual fiscal adjustment effort in the first three years is at least as high as the average annual fiscal effort of the total adjustment period.
Amendment 222 #
2023/0137(CNS)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point a
Article 1 – paragraph 1 – point 4 – point a
Any Council decision to give notice to the participating Member State concerned to take measures for the deficit reduction in accordance with Article 126(9) TFEU shall be taken within two months of the Council decision under Article 126(8) TFEU establishing that no effective action has been taken. In the notice, the Council shall request that the Member State implements a corrective net expenditure path which ensures that the general government deficit remains or is brought and maintained below the reference value within the deadline set in the notice. For the years where the general government deficit is expected to exceed the reference value, the corrective net expenditure path shall be consistent with a minimum annual primary structural fiscal adjustment of at least 0,5% of GDP as a benchmark.
Amendment 223 #
2023/0137(CNS)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point a
Article 1 – paragraph 1 – point 4 – point a
Regulation 1467/97
Article 5 – paragraph 1 – subparagraph 2
Article 5 – paragraph 1 – subparagraph 2
The corrective net expenditure path shall also put the debt ratio on a plausibly downward path or keep it at a prudent level having regard to the criteria established in Annex Irticle 6 of Regulation (EU) [on the preventive arm]. The corrective net expenditure path shall ensure that the average annual fiscal adjustment effort in the first three years is at least as high as the average annual fiscal effort of the total adjustment period. The Council shall also indicate measures conducive to the achievement of the corrective net expenditure path.;
Amendment 21 #
2023/0081(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2 a) In this regard and although State aid can provide financial support in a fast and targeted manner, financial support to net-zero technologies cannot solely rely on a relaxation of State aid rules, considering the heterogeneity of Member States’ budgetary capacities, which could have adverse effects on the functioning of the Single Market. To avoid a fragmentation of the Single Market, it is necessary to consider a European approach to financial support for net-zero technologies, complementing private and national public funding.
Amendment 43 #
2023/0081(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) For the purposes of taking into account within a public procurement procedure of the need to diversify sources of supply of net-zero technologies away from single sources of supply within the meaning of Article 19 (2), and without prejudice to the Union’s international commitments, the supply should at least be deemed insufficiently diversified where a single source supplies for more than 650% of the demand for a specific net-zero technology within the Union.
Amendment 44 #
2023/0081(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) For the purposes of setting up schemes benefitting households or consumers which incentivise the purchase of net-zero technology final products, and without prejudice to the Union’s international commitments, the supply should be deemed insufficiently diversified where a single source supplies more than 650% of the total demand for a specific net- zero technology within the Union. To ensure a consistent application, the Commission should publish a yearly list starting on the date of application of this Regulation, of the distribution of the origin of net zero technology final products which fall under this category, broken down by the share of Union supply originating in different sources in the last year for which data is available.
Amendment 45 #
2023/0081(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) The application of the provisions on resilience in public procurement procedures set out in Article 19 should be without prejudice to the application of Regulation 2022/1031/EU of the European Parliament and the Council, Article 25 of Directive 2014/24/EU of the European Parliament and of the Council47 , and Articles 43 and 85 of Directive 2014/25/EU of the European Parliament and of the Council48 , as according with the Commission’s guidance of 201949 . The same way, public procurement provisions should continue to apply to works, supplies and services subject to Article 19, including article 67 (4) of Directive 2014/24/EU and any implementing measures resulting from the Proposal for a Regulation establishing a framework for setting ecodesign requirements for sustainable products. __________________ 47 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). 48 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). 49 Communication from the Commission: Guidance on the participation of third country bidders and goods in the EU procurement market, Brussels, 24.7.2019, C(2019) 5494 final.
Amendment 51 #
2023/0081(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) As indicated in the Communication on the Green Deal Industrial Plan for the Net-Zero Age, published on 1 February 2023, the Union’s industry’s market shares are under strong pressure, due to subsidies in third countries which roll out support schemes aiming at anchoring and attracting clean tech industry. Such an approach undermines a level playing field and presents a competitive challenge for the EU to maintain and develop its own industry. This translates in a need for a rapid and ambitious reaction from the Union in modernising its legal framework.
Amendment 52 #
2023/0081(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) Access to public and private finance is key for ensuring the Union’s open strategic autonomy and for establishing a solid and competitive manufacturing base for net-zero technologies and their supply chains across the Union. The majority of investments necessary to reach the Green Deal objectives will come from private capital53 attracted by the growth potential of the net-zero ecosystem. Well-functioning, deep and integrated capital markets will therefore be essential to raise and channel the funds needed for the green transition and net-zero manufacturing projects. Swift progress towards the Capital Markets Union is thus necessary for the EU to deliver on its net-zero objectives. The sustainable finance agenda (and blended finance) also plays a crucial role in scaling up investments into the net-zero technologies, while guaranteeing the competitiveness of the sectorAs indicated in the Staff Working Document accompanying this Regulation, investment needs amount to around EUR 92 billion over the period 2023-2030, with a range between about EUR 52 billion to around EUR 119 billion depending on various scenarios, which would result in public funding requirements of EUR 16 – 18 billion. __________________ 53 Commission Staff Working Document Identifying Europe's recovery needs Accompanying the document 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 - Europe's moment: Repair and Prepare for the Next Generation, SWD(2020) 98 final, Identifying Europe's recovery needs, 27.05.2020.
Amendment 56 #
2023/0081(COD)
Proposal for a regulation
Recital 40 a (new)
Recital 40 a (new)
(40 a) The majority of investments necessary to reach the Green Deal objectives will come from private capital attracted by the growth potential of the net-zero ecosystem. Well-functioning, deep and integrated capital markets will therefore be essential to raise and channel the funds needed for the green transition and net-zero manufacturing projects. Swift progress towards the Capital Markets Union is thus necessary for the EU to deliver on its net-zero objectives. The sustainable finance agenda (and blended finance) also plays a crucial role in scaling up investments into the net-zero technologies, while guaranteeing the competitiveness of the sector.
Amendment 61 #
2023/0081(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) Where private investment alone is not sufficient, the effective roll-out of net- zero manufacturing projects may require public support in the form of State aid. Such aid must have an incentive effect and be necessary, appropriate and proportionate. The existing State aid guidelines that have recently undergone an in-depth revision in line with the twin transition objectives provide ample possibilities to support investments for projects in the scope of this Regulation subject to certain conditions. Member States can have an important role in easing access to finance for net-zero technologies manufacturing projects by addressing market failures through targeted State aid support. The Temporary Crisis and Transition Framework (TCTF) adopted on 9 March 2023 aims at ensuring a level playing field within the internal market, targeted to those sectors where a third- country delocalisation risk has been identified, and proportionate in terms of aid amounts. It would enable Member States to put in place measures to support new investments in production facilities in defined, strategic net-zero sectors, including via tax benefits. The permitted aid amount can be modulated with higher aid intensities and aid amount ceilings if the investment is located in assisted areas, in order to contribute to the goal of convergence between Member States and regions. Appropriate conditions are required to verify the concrete risks of diversion of the investment outside the European Economic Area (EEA) and that there is no risk of relocation within the EEA to avoid a fragmentation of the EU Single Market. To mobilise national resources for that purpose, Member States may use a share of the ETS revenues that Member States have to allocate for climate-related purposes.
Amendment 63 #
2023/0081(COD)
Proposal for a regulation
Recital 41 a (new)
Recital 41 a (new)
(41 a) In order to ensure consistency between different existing tools to boost investments in net-zero technologies, the European Commission should ensure that strategic net-zero technologies as defined in the NZIA and which are not covered by the TCTF, must not be subject to risk of redeployment outside of the EU.
Amendment 64 #
2023/0081(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) Several Union funding programmes, such as the Recovery and Resilience Facility, InvestEU, cohesion policy programmes or the Innovation Fund are also available to fund investments in net-zero technology manufacturing projects. The current EU budget has however insufficient possibilities for supporting the objectives of the Net-Zero Industry Act and for ensuring a level- playing field between Member States. The revision of the 2021-2027 multinannual financial framework (MFF) should therefore provide for a European budget fit for purpose. In this regard, a European Sovereignty Fund should also provide fresh additional financial means partly dedicated to net-zero manufacturing projects contributing to the reduction of strategic dependencies in the EU.
Amendment 69 #
2023/0081(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) A European Sovereignty Fund would provide a comprehensive and structural answer to the investment needs. It will help preserving a European edge on critical and emerging technologies relevant to the green and digital transitions, including net-zero technologies for reducing strategic dependencies and ensure the open strategic autonomy of the Union. While not limited to the green and digital transitions, it will notably help preserving a European edge on critical and emerging technologies, including net-zero technologies, by meeting the applicable public funding requirements associated with this Regulation. This structural instrument will build on the experience of coordinated multi-country projects under the IPCEIs and seek to enhance all Member States’ access to such projects, thereby safeguarding cohesion and the Single Market against risks caused by unequal availability of State Aids.
Amendment 72 #
2023/0081(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) To overcome the limitations of the current fragmented public and private investments efforts, facilitate integration and return on investment, the Commission, and Member States should better coordinate and create synergies between the existing funding programmes at Union and national level as well as ensure better coordination and collaboration with industry and key private sector stakeholders. The Net-Zero Europe Platform has a key role to play to build a comprehensive view of available and relevant funding opportunities and to discuss the individual financing needs of net-zero strategic projects.
Amendment 103 #
2023/0081(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The Commission and the Member States shall undertake activities to accelerate and crowd-in public and private investments in net-zero strategic projects. Such activities may, without prejudice to Article 107 and Article 108 of the TFEU, include providing and coordinating support to net-zero strategic projects facing difficulties in accessing finance. The Commission and the Member States shall ensure this support is provided to the project promoter within six months following the submission of the request of the net-zero strategic project.
Amendment 105 #
2023/0081(COD)
Proposal for a regulation
Citation 1 a (new)
Citation 1 a (new)
Having regard to the Treaty establishing the European Atomic Energy Community, and in particular its preamble and its Article 2(c),
Amendment 109 #
2023/0081(COD)
Proposal for a regulation
Article 14 – paragraph 2 – introductory part
Article 14 – paragraph 2 – introductory part
2. The Commission and the Member States may provide administrative and operational support to net-zero strategic projects to facilitate their rapid and effective implementation, including by providing:
Amendment 115 #
2023/0081(COD)
Proposal for a regulation
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2 a. Member States shall allocate appropriate resources and incorporate measures to pursue the objectives of this Regulation within their national Recovery and Resilience Plans, specifically under their respective REPowerEU chapters.
Amendment 124 #
2023/0081(COD)
Proposal for a regulation
Article 15 – paragraph 2 – introductory part
Article 15 – paragraph 2 – introductory part
2. The Net-Zero Europe Platform shall, at the request of the net-zero strategic project promoter, discuss and advise on how the financing ofas well as provide and coordinate support for its project canto be completed, in particular to ensure it meets the criteria defined in Article 19(2), taking into account the funding already secured and considering at least the following elements:
Amendment 124 #
2023/0081(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The higher energy prices after the unjustified and unlawful military aggression by the Russian Federation against Ukraine, gave a strong impetus to accelerate the implementation of the European Green Deal and reinforce the resilience of the Energy Union by speeding up the clean energy transition and ending any dependence on fossil fuels exported from the Russian Federation. The REPowerEU plan35 plays a key role in responding to the hardships and global energy market disruption caused by the invasion of Ukraine by the Russian Federation. That plan aims to accelerate the energy transition in the European Union, in order to reduce the Union’s gas and electricity consumption and to boost investments in the deployment of energy efficient and low carbon solutions. That plan sets inter alia the targets to double solar photovoltaic capacity by 2025 and to install 600 GW of solar photovoltaic capacity by 2030; to double the rate of deployment of heat pumps; to produce 10 million tonnes of domestic renewable hydrogen by 2030; and to substantially increase production of biomethane up to 35 bcm by 2030. The plan also sets out that achieving the REPowerEU goals will require diversifying the supply of low carbon energy equipment and of critical raw materials, reducing sectoral dependencies, overcoming supply chain bottlenecks and expanding the Union’s clean energy technology manufacturing capacity. As part of its efforts to increase the share of renewable energy in power generation, industry, buildings and transport, the Commission proposes to increase the target in the Renewable Energy Directive to 45% by 2030 and to increase the target in the Energy Efficiency Directive to 13%. This would bring the total renewable energy generation capacities to 1236 GW by 2030, in comparison to 1067 GW by 2030 envisaged under the 2021 proposal and will see increased needs for storage through batteries to deal with intermittency in the electricity grid. Similarly, policies related to the decarbonisation of the road sector, such as Regulation (EU) 2019/631 and Regulation (EU) 2019/1242 will be strong drivers for a further electrification of the road transport sector and thus increasing demand for batteries. _________________ 35 Communication of 18 May 2022 from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions, REPowerEU Plan, COM/2022/230 final, 18.05.2022.
Amendment 127 #
2023/0081(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point d
Article 15 – paragraph 2 – point d
(d) relevant Union funding and financing programmes, including a European Sovereignty Fund.
Amendment 128 #
2023/0081(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The net-zero transformation is already causing huge industrial, economic, and geopolitical shifts across the globe, which will become ever more pronounced as the world advances in its decarbonisation efforts. The road to net zero translates into strong opportunities for the expansion of Union’s net-zero industry, making use of the strength of the Single Market, by promoting investment in technologies in the field of renewable energy technologiclean energy sources , electricity and heat storage technologies, heat pumps, grid technologiesnergy storage, energy efficiency, renewable fuels of non- biological origin technologies, electrolysers and fuel cells, fusion, small modular reactors and related best-in-class fuels, carbon capture, utilisation,rgy infrastructure, energy transformation, greenhouse gas capture, use and storage technologies, and energy-system related energy efficiency technologies, clean transportation, industrial emission reduction, and their supply chains, allowing for the decarbonisation of our economic sectors, from energy supply to transport, buildings, and industry. A strong net zero industry within the European Union can help significantly in reaching the Union’s climate and energy targets effectively, as well as in supporting other Green Deal objectives, while creating jobs and growth.
Amendment 139 #
2023/0081(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Contracting authorities or contracting entities shall base the award of contracts for net-zero technology listed in the Annex 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 contribution of the tender, in compliance with Regulation 2022/1031/EU, 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.
Amendment 141 #
2023/0081(COD)
Proposal for a regulation
Article 19 – paragraph 2 – point d
Article 19 – paragraph 2 – point d
(d) the tender’s contribution to resilience, 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 650% 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).
Amendment 142 #
2023/0081(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) To meet the 2030 and 2050 climate and energy targets, energy efficiency needs to be prioritised. Saving energy is the cheapest, safest and cleanest way to meet those targets. ‘Energy efficiency first’ is an overall principle of EU energy policy and is important in both its practical applications in policy and investment decisions. Therefore, it is essential to expand the Union’s manufacturing capacity for energy efficient technologies, such as heat pumps and smart grid technologies, that help the EU reduce and control its energy consumption.
Amendment 149 #
2023/0081(COD)
Proposal for a regulation
Article 19 – paragraph 4 b (new)
Article 19 – paragraph 4 b (new)
4 b. Award of a supply contract in all the sectors of the net-zero technologies as listed in Articles 3 point 1 (a) and of the strategic net-zero technologies as listed in Annex 1, shall be rejected if the economic operator originates from a country whose economic operators, goods and services are the subject to an IPI measure as defined in the Regulation 2022/1031/EU of the European Parliament and of the Council, especially the Articles 6 and 8.
Amendment 149 #
2023/0081(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The Union’s decarbonisation objectives, security of energy supply, digitalisation of the energy system and electrification of demand, for example in mobility and the need for fast recharging points, require an enormous expansion of electricity grids in the European Union, both at transmission level and at distribution level. At transmission level, high-voltage direct current (HVDC) systems are needed to connect offshore renewable energies; while at distribution level, connecting electricity providers and managing demand-side flexibility builds on investments in innovative grid technologies, such as electric vehicles smart charging (EVSC), energy efficiency building and industry automation and smart controls, advanced meter infrastructure (AMI) and home energy management systems (HEMS). The electricity grid needs to interact with many actors or devices based on a detailed level of observability, and hence availability of data, to enable flexibility, smart charging and smart buildings with smart electricity grids and small scale flexibility services enabling demand side response from consumers and the uptake of renewables. Connecting the net-zero technologies to the network of the European Union requires the substantial expansion of manufacturing capabilities for electricity grids in areas such as offshore and onshore cables, substations and transformers.
Amendment 154 #
2023/0081(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Additional policy effort is necessary to support those technologies that are commercially available and have a good potential for rapid scale up to support the Union’s 2030 and 2050 climate targets, improve the security of supply for net-zero technologies and their supply chains, and safeguard or strengthen the overall resilience and competitiveness of the Union’s energy system. It includes access to a safe and sustainable source of best in class fuels, as described in recital 8 of Commission Delegated Regulation (EU) 2022/1214.
Amendment 160 #
2023/0081(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) To achieve the 2030 objectives a particular focus is needed on some of the net-zero technologies, also in view their significant contribution towards the path to net zero by 2050. These technologies include solar photovoltaic and solar thermal technologies, onshore and offshore renewable technologies, battery/storage technologies, heat pumps and geothermal energy technologies, electrolysers and fuel cells, sustainable biogas/biomethane, carbon capture and storage technologies and grid technologies. These technologies play a key role in the Union’s open strategic autonomy, ensuring that citizens have access to clean, affordable, secure energy. Given their role, these technologies should benefit from even faster permitting procedures, obtain the status of the highest national significance possible under national law and benefit from additional support to crowd-in investments.
Amendment 186 #
2023/0081(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The development of carbon capture and storage solutions for industry is confronted with a coordination failure. On the one hand, despite the growing CO2 price incentive provided by the EU Emissions Trading System, for industry to invest into capturing CO2 emissions making such investments economically viable, they face a significant risk of not being able to access a permitted geological storage site. On the other hand, investors into first CO2 storage sites face upfront costs to identify develop and appraise them even before they can apply for a regulatory storage permit. Transparency about potential CO2 storage capacity in terms of the geological suitability of relevant areas and existing geological data, in particular from the exploration of hydrocarbon production sites, can support market operators to plan their investments. Member State should make such data publicly available and report regularly in a forward-looking perspective about progress in developing CO2 storage sites and the corresponding needs for injection and storage capacities above, in order to collectively reach the Union-wide target for CO2 injection capacitystorage.
Amendment 195 #
2023/0081(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) A key bottleneck for carbon capture investments that are today increasingly economically viable is the availability of operating CO2 storage sites in Europe, which underpin the incentives from Directive 2003/87/EC. To scale up the technology and expand its leading manufacturing capacities, the EU needs to develop a forward-looking supply of permanent geological CO2 storage sites permitted in accordance with Directive 2009/31/EU36 . By defining a Union target of 50 million tonnes of annual operational CO2 injection capacitystorage by 2030, in line with the expected capacities needed in 2030, the relevant sectors can coordinate their investments towards a European Net- Zero CO2 transport and storage value chain that industries can use to decarbonise their operations. This initial deployment will also support further CO2 storage in a 2050 perspective. According to the Commission’s estimates, the Union could need to capture up to 550 million tonnes of CO2 annually by 2050 to meet the net zero objective37 , including for carbon removals. Such a first industrial-scale storage capacity will de-risk investments into the capturing of CO2 emissions as important tool to reach climate neutrality. When this regulation is incorporated into the EEA Agreement, the Union target of 50 million tonnes of annual operational CO2 injection capacitystorage by 2030 will be adjusted accordingly. _________________ 36 Directive 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 (Text with EEA relevance), (OJ L 140, 5.6.2009, p. 114). 37 In depth analysis in support of the Commission Communication (2018/773) A Clean Planet for all. A European long-term strategic vision for a prosperous, modern, competitive and climate neutral economy.
Amendment 204 #
2023/0081(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) By defining CO2 storage sites that contribute to the Union’s 2030 target as net-zero strategic projects, the development of CO2 storage sites can be accelerated and facilitated, and the increasing industrial demand for storage sites can be channelled towards the most-cost-effective storage sites. An increasing volume of depleting gas and oil fields that could be converted in safe CO2 storage sites are at the end of their useful production lifetime. In addition, the oil and gas industry has affirmed its determination to embark on an energy transition and possesses the assets, skills and knowledge needed to explore and develop additional storage sites. To reach the Union’s target of 50 million tonnes of annual operational CO2 injection capacity by 2030, the sector needs to pool its contributions to ensure that carbon capture and storage as a climate solution is available ahead of demand. In order to ensure a timely, Union-wide and cost- effective development of CO2 storage sites in line with the EU objective for injection capacity, licensees of oil and gas production, refining and supply in the EU should contribute to this target pro rata of their oil and gas manufacturing capacity, while providing flexibilities to cooperate and take into account other contributions of third parties.
Amendment 208 #
2023/0081(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) By defining CO2 storage sites that contribute to the Union’s 2030 target as net-zero strategic projects, the development of CO2 storage sites can be accelerated and facilitated, and the increasing industrial demand for storage sites can be channelled towards the most-cost-effective storage sites. An increasing volume of depleting gas and oil fields that could be converted in safe CO2 storage sites are at the end of their useful production lifetime. In addition, the oil and gas industry has affirmed its determination to embark on an energy transition and possesses the assets, skills and knowledge needed to explore and develop additional storage sites. To reach the Union’s target of 50 million tonnes of annual operational CO2 injection capacitystorage by 2030, the sector needs to pool its contributions to ensure that carbon capture and storage as a climate solution is available ahead of demand. In order to ensure a timely, Union-wide and cost- effective development of CO2 storage sites in line with the EU objective for injection capacity, licensees of oil and gas production in the EU should contribute to this target pro rata of their oil and gas manufacturing capacity, while providing flexibilities to cooperate and take into account other contributions of third parties.
Amendment 210 #
2023/0081(COD)
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) Considering the need for periodic evaluation and potential adjustments, the Commission should conduct assessments every five years to assess targets for CO2 storage. Should the need arise, the Commission shall propose updates through delegated acts.
Amendment 217 #
2023/0081(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) To address security of supply issues and contribute to supporting the resilience of Union’s energy system and decarbonisation and modernisation efforts, the net-zero technology manufacturing capacity in the Union needs to expand. Union manufacturers of solar photovoltaic (PV) technologies need to increase their competitive edge and improve security of supply perspectives, by aiming to reach at least 30 gigawatt of operational solar PV manufacturing capacity by 2030 across the full PV value chain, in line with the goals set out in the European Solar Photovoltaic Industry Alliance, which is supported under the Union’s Solar Energy Strategy.38 Union manufacturers of wind and heat pump technologies need to consolidate their competitive edge and maintain or expand their current market shares throughout this decade, in line with the Union’s technology deployment projections that meet its 2030 energy and climate targets.39 This translates into a Union manufacturing capacity for wind of at least 36 GW and, respectively, for heat pumps of at least 31 GW in 2030. Union manufacturers of batteries and electrolysers need to consolidate their technology leadership and actively contribute to shaping these markets. For battery technologies this would mean contributing to the objectives of the European Battery Alliance and aim at almost 90% of the Union’s battery annual demand being met by the Union’s battery manufacturers, translating into a Union manufacturing capacity of at least 550 GWh in 2030. For EU electrolyser manufacturers, the REPowerEU plan projects 10 million tonnes of domestic renewable hydrogen production and a further up to 10 million tonnes of renewable hydrogen imports by 2030. To ensure EU’s technological leadership translates into commercial leadership, as supported under the Electrolyser Joint Declaration of the Commission and the European Clean Hydrogen Alliance, EU electrolyser manufacturers should further boost their capacity, such that the overall installed electrolyser capacity being deployed reaches at least 100 GW hydrogen by 2030. Furthermore, the RePowerEU Plan sets an objective of boosting biomethane production to 35 bcm by 2030. Biomethane, with its supply chain largely based in Europe today, already contributes to Europe’s resilience—a contribution that should be further promoted. _________________ 38 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: EU Solar Energy Strategy, SWD(2022) 148 final, 18.05.2022. 39 As per REPowerEU objectives set out in the REPowerEU Plan, COM/2022/230 final, and accompanying Commission Staff Working Document Implementing the Repower EU Action Plan: Investment Needs, Hydrogen Accelerator and achieving the Bio-Methane Targets Accompanying the Document : Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions REPowerEU Plan, SWD/2022/230 final, 18.05.2022
Amendment 223 #
2023/0081(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Considering these objectives together, while also taking into account that for certain elements of the supply chain (such as inverters, as well as solar cells, wafers, and ingots for solar PV or cathodes and anodes for batteries) the Union manufacturing capacity is low, the Union net-zero technologies annual manufacturing capacity should aim at approaching or reaching an overallcover at least 50% of annual deployment needs by 2030 for the technologies listed in the Annex. In addition to this general objective, specific objectives for each technology should be established. Moreover, the Union net-zero technologies annual manufacturing benchmark ofcapacity should cover at least 4025% of annuglobal deployment needs by 2030 for the technologies listed mand for the corresponding the Annex echnologies.
Amendment 237 #
2023/0081(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) In order to maintain competitiveness and reduce current strategic import dependencies in key net- zero technology products and their supply chains, while avoiding the formation of new ones, the Union needs to continue strengthening its net zero industrial base and become more competitive and innovation friendly. The Union needs to enable the development of manufacturing capacity faster, simpler and in a more predictable way and to reduce administrative burden and level the playing field with international competitors.
Amendment 256 #
2023/0081(COD)
(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, governance 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 and resilience in relation to a series of criteria relating to the tender’s environmental sustainability, compliance with human rights laws, adherence to EU governance rules and reporting obligations innovation, system integration and to resilience.
Amendment 264 #
2023/0081(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) For the purposes of taking into account within a public procurement procedure of the need to diversify sources of supply of net-zero technologies away from single sources of supply within the meaning of Article 19 (2), and without prejudice to the Union’s international commitments, the supply should at least be deemed insufficiently diversified where a single source supplies for more than 650% of the demand for a specific net-zero technology within the Union.
Amendment 266 #
2023/0081(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) For the purposes of setting up schemes benefitting households, companies or consumers which incentivise the purchase of net-zero technology final products, and without prejudice to the Union’s international commitments, the supply should be deemed insufficiently diversified where a single source supplies more than 650% of the total demand for a specific net- zero technology within the Union. To ensure a consistent application, the Commission should publish a yearly list starting on the date of application of this Regulation, of the distribution of the origin of net zero technology final products which fall under this category, broken down by the share of Union supply originating in different sources in the last year for which data is available.
Amendment 267 #
2023/0081(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) Council Decision 2014/115/EU approved in particular the amendment to the World Trade Organisation Agreement on Government Procurement (the ‘GPA’)46 . The aim of the GPA is to establish a multilateral framework of balanced rights and obligations relating to public contracts with a view to achieving the liberalisation and expansion of world trade. For contracts covered by the European Union’s Appendix I to the GPA, as well as by other relevant international agreements by which the Union is bound, including free trade agreements and the Article III:8(a) of the General Agreement on Tariffs and Trade of 1994 for procurement by governmental agencies of products purchased with a view to commercial resale or with a view to use in the production of goods for commercial sale, contracting authorities and contracting entities should not apply the requirements of Article 19 (1) point (d) to economic operators of sources of supply that are signatories to the agreements. _________________ In view of safeguarding a level playing field and reciprocity between European and third country entities and given the importance of ensuring an economically efficient green transition, the Commission should make sure that the relevant provisions of the International Procurement Instrument, Regulation (EU) 2022/103145a, are applied when awarding contracts to third country entities in international public procurement procedures. _________________ 45a Regulation (EU) 2022/1031 of the European Parliament and of the Council of 23 June 2022 on the access of third- country economic operators, goods and services to the Union’s public procurement and concession markets and procedures supporting negotiations on access of Union economic operators, goods and services to the public procurement and concession markets of third countries (OJ L 173, 30.6.2022, p. 1–16) 46 Council decision 2014/115/EU of 2 December 2013 on the conclusion of the Protocol Amending the Agreement on Government Procurement, (OJ L68, 7.3.2014, p. 1).
Amendment 271 #
2023/0081(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) The application of the provisions on resilience in public procurement procedures set out in Article 19 should be without prejudice to the application of Regulation 2022/1031/EU of the European Parliament and the Council46a, Article 25 of Directive 2014/24/EU of the European Parliament and of the Council47 , and Articles 43 and 85 of Directive 2014/25/EU of the European Parliament and of the Council48 , as according with the Commission’s guidance of 201949 . The same way, public procurement provisions should continue to apply to works, supplies and services subject to Article 19, including article 67 (4) of Directive 2014/24/EU and any implementing measures resulting from the Proposal for a Regulation establishing a framework for setting ecodesign requirements for sustainable products. _________________ 46a Regulation (EU) 2022/1031 of the European Parliament and of the Council of 23 June 2022 on the access of third- country economic operators, goods and services to the Union’s public procurement and concession markets and procedures supporting negotiations on access of Union economic operators, goods and services to the public procurement and concession markets of third countries (OJ L 173, 30.6.2022, p. 1–16) 47 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). 48 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). 49 Communication from the Commission: Guidance on the participation of third country bidders and goods in the EU procurement market, Brussels, 24.7.2019, C(2019) 5494 final.
Amendment 282 #
2023/0081(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) Households, consumers and final consumers are an essential part of the Union’s demand for net-zero technologies final products and public support schemes to incentivize the purchase of such product by households, in particular for vulnerable low- and lower middle-class income households and consumers, are important tools to accelerate the green transition. Under the solar rooftop initiative announced in the EU solar strategy52 , Member States should for instance set-up national programmes to support the massive deployment of rooftop solar energy. In the REPowerEU plan, the Commission called Member States to make full use of supporting measures which encourage switching to heat pumps. Such support schemes set up nationally by Member States or locally by local or regional authorities should also contribute to improving the sustainability and resilience of the EU net-zero technologies. Public authorities should for instance provide higher financial compensation to beneficiaries for the purchase of net-zero technology final products that will make a higher contribution to resilience in the Union. Public authorities should ensure that their schemes are open, transparent and non-discriminatory, so that they contribute to increase demand for net-zero technology products in the Union. Public authorities should also limit the additional financial compensation for such products so as not to slow down the deployment of the net-zero technologies in the Union. To increase the efficiency of such schemes Member States should ensure that information is easily accessible both for consumers and for net-zero technology manufacturers on a free website. The use by public authorities of the sustainability and resilience contribution in schemes targeted at consumers or households should be without prejudice to State aid rules and to WTO rules on Subsidies. _________________ 52 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions : EU Solar Energy Strategy, COM(2022) 221 final, 18.05.2022.
Amendment 291 #
2023/0081(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) As indicated in the Communication on the Green Deal Industrial Plan for the Net-Zero Age, published on 1 February 2023, the Union’s industry’s market shares are under strong pressure, due to subsidies in third countries which undermine a level playing field. Some third countries are rolling out support schemes that aim at anchoring and attracting clean tech industry. This situation presents a competitive challenge fieldor the EU to maintain and develop its own industry. This translates in a need for a rapid and ambitious reaction from the Union in modernising its legal framework, including its trade defence instruments in order to compete globally defending open and fair trade by making full and efficient use of all available tools, and promoting European standards for key net zero technologies.
Amendment 294 #
2023/0081(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) Access to public and private finance is key for ensuring the Union’s open strategic autonomy and for establishing a solid and competitive manufacturing base for net-zero technologies and their supply chains across the Union. The majority of investments necessary to reach the Green Deal objectives will come from private capital53 attracted by the growth potential of the net- zero ecosystem. Well-functioning, deep and integrated capital markets will therefore be essential to raise and channel the funds needed for the green transition and net-zero manufacturing projects. Swift progress towards the Capital Markets Union is thus necessary for the EU to deliver on its net-zero objectives. The sustainable finance agenda (and blended finance) also plays a crucial role in scaling up investments into the net-zero technologies, while guaranteeing the competitiveness of the sector. As indicated in the Staff Working Document accompanying this Regulation53a, investment needs amount to around EUR 92 billion over the period 2023-2030, with a range between about EUR 52 billion to around EUR 119 billion depending on various scenarios, which would result in public funding requirements of EUR 16 – 18 billion. _________________ 53 Commission Staff Working Document Identifying Europe's recovery needs Accompanying the document 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 - Europe's moment: Repair and Prepare for the Next Generation, SWD(2020) 98 final, Identifying Europe's recovery needs, 27.05.2020. 53a Commission Staff Working Document Investment Needs Assessment and Funding Availabilities to Strengthen EU's Net-Zero Technology Manufacturing Capacity Accompanying the document Regulation of the European Parliament and of the Council on establishing a framework of measures for strengthening Europe’s net-zero technology products manufacturing ecosystem (Net Zero Industry Act), SWD(2023) 68 final, Investment Needs Assessment and Funding Availabilities to Strengthen EU's Net-Zero Technology Manufacturing Capacity, 23.03.2023
Amendment 301 #
2023/0081(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) Where private investment alone is not sufficient, the effective roll-out of net- zero manufacturing projects may require public support in the form of State aid. Such aid must have an incentive effect and be necessary, appropriate and proportionate. The existing State aid guidelines that have recently undergone an in-depth revision in line with the twin transition objectives provide ample possibilities to support investments for projects in the scope of this Regulation subject to certain conditions. Member States can have an important role in easing access to finance for net-zero technologies manufacturing projects by addressing market failures through targeted State aid support. The Temporary Crisis and Transition Framework (TCTF) adopted on 9 March 2023 aims at ensuring a level playing field within the internal market, targeted to those sectors where a third- country delocalisation risk has been identified, and proportionate in terms of aid amounts. It would enable Member States to put in place measures to support new investments in production facilities in defined, strategic net-zero sectors, including via tax benefits. The permitted aid amount can be modulated with higher aid intensities and aid amount ceilings if the investment is located in assisted areas, in order to contribute to the goal of convergence between Member States and regions. Appropriate conditions are required to verify the concrete risks of diversion of the investment outside the European Economic Area (EEA) and that there is no risk of relocation within the EEA, to avoid a fragmentation of the EU single market. To mobilise national resources for that purpose, Member States may use a share of the ETS revenues that Member States have to allocate for climate-related purposes.
Amendment 304 #
2023/0081(COD)
Proposal for a regulation
Recital 41 a (new)
Recital 41 a (new)
(41a) In order to ensure consistency between different existing tools to boost investments in net-zero technologies, the European Commission should ensure that strategic net zero technologies as defined in the NZIA which are not covered by the TCTF must not be subject to risk of redeployment outside of the EU.
Amendment 305 #
2023/0081(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) Several Union funding programmes, such as the Recovery and Resilience Facility, InvestEU, cohesion policy programmes or the Innovation Fund are also available to fund investments in net-zero technology manufacturing projects. The current EU budget is not sufficient for supporting the objectives of the Net-Zero Industry Act and for ensuring a level-playing field between Member States. The revision of the 2021- 2027 multiannual financial framework (MFF) should therefore provide for a European budget fit for purpose. In this regard, a European Sovereignty Fund should also provide fresh additional financial means partly dedicated to net- zero manufacturing projects contributing to the reduction of strategic dependencies in the EU.
Amendment 324 #
2023/0081(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) The Innovation Fund also provides a very promising and cost efficient avenue to support the scaling up of manufacturing and deployment of renewableclean hydrogen and other strategic net zero technologies in Europe, thus reinforcing Europe’s sovereignty in key technologies for climate action and energy security.
Amendment 331 #
2023/0081(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) A European Sovereignty Fund would provide a comprehensive and structural answer to the investment needs. It will for reducing strategic dependencies and ensure the open strategic autonomy of the Union. While not limited to the green and digital transitions, it will notably help preserving a European edge on critical and emerging technologies relevant to the green and digital transitions, including net- zero technologies, by meeting the applicable public funding requirements associated with this Regulation. This structural instrument will build on the experience of coordinated multi-country projects under the IPCEIs and seek to enhance all Member States’ access to such projects, thereby safeguarding cohesion and the Single Market against risks caused by unequal availability of State Aids.
Amendment 333 #
2023/0081(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) To overcome the limitations of the current fragmented public and private investments efforts, facilitate integration and return on investment, the Commission, and Member States should better coordinate and create synergies between the existing funding programmes at Union and national level as well as ensure better coordination and collaboration with industry and key private sector stakeholders. To date, EU funding sources have largely benefitted research and innovation and deployment of clean energies and related infrastructures, rather than targeting manufacturing capacity in the sector. The Net-Zero Europe Platform has a key role to play to build a comprehensive view of available and relevant funding opportunities and to discussfor net- zero industrial value chains scale-up and to discuss and coordinate support for the individual financing needs of net-zero strategic projects.
Amendment 372 #
2023/0081(COD)
Proposal for a regulation
Recital 55
Recital 55
(55) Net-zero technology manufacturing projects undergo lengthy and complex permitting procedures of 2-7 years, depending on the Member State, technology and value chain segment. Considering the size of required investments – in particular for gigafactory- size projects which are needed to reach the expected economies of scale – inadequate permitting creates an additional and often detrimental barrier to increase net-zero technology manufacturing capacity in the Union. In order to provide project promoters and other investors with the security and clarity needed to increase development of net-zero technologies manufacturing projects, Member States should ensure that the permit-granting process related to such projects does not exceed pre-set time limits. For Net Zero Strategic Projects the length of the permit- granting process should not exceed twelve9 months for facilities with a yearly production output of more than 1 GW, and 96 months for those with a yearly production output of less than 1 GW. For all other net-zero technology manufacturing projects, the length of the permit-granting process should not exceed eighteen12 months for facilities with a yearly production output of more than 1 GW, and twelve9 months for those with a yearly production output of less than 1 GW. For net-zero technologies for which the GW metric is not relevant, such as grids and carbon capture and storage (CCS) or carbon capture and usage (CCU) technologies, the upper limits of the aforementioned deadlines should apply. For the expansion of existing production lines, each of the aforementioned time limits should be halved.
Amendment 398 #
2023/0081(COD)
Proposal for a regulation
Recital 69
Recital 69
(69) At Union level, a Net-Zero Europe Platform, should be established, composed of the Member States, of the European Parliament, of representatives of the industrials alliances and chaired by the Commission. The Net-Zero Europe Platform may advise and assist the Commission and Member States on specific questions and provide a reference body, in which the Commission and Member States coordinate their action and facilitate the exchange of information on issues relating to this Regulation or the achievement of the Green Deal Industrial Plan,. The Net- Zero Europe Platform should further perform the tasks outlined in the different Articles of this Regulation, notably in relation to permitting, including one-stop shops, Net-Zero Strategic Projects, coordination of and access to financing, access to markets and skills as well as innovative net-zero technologies regulatory sandboxes. Where necessary, the Platform may establish standing or temporary subgroups and invite third parties, such as experts or representatives from net-zero industries.
Amendment 432 #
2023/0081(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point a
Article 1 – paragraph 2 – point a
a) that by 2030, manufacturing capacity in the Union of the strategic net- zero technologies listed in the Annex approaches or reaches a benchmark ofcovers at least 450% of the Union’s annual deployment needs for the corresponding technologies necessary to achieve the Union’s 2030 climate and energy targets, and at least 25% of global demand for the corresponding technologies;
Amendment 445 #
2023/0081(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point b a (new)
Article 1 – paragraph 2 – point b a (new)
ba) the reduction of strategic dependencies for net zero technologies, while safeguarding open, fair and sustainable trade.
Amendment 470 #
2023/0081(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
This Regulation applies to net-zero technologies, except for Articles 26 and 27 of this Regulaincluding their essential components, materials and machinery that are indispensable to their production and functioning, which apply to innovative net-zero technologies. Raw materials processed materials or components falling under the scope of Regulation (EU) …/… [add footnote with publication references of the Critical Raw Materials Regulation] shall be excluded from the scope of this Regulation.
Amendment 473 #
2023/0081(COD)
Proposal for a regulation
Article 2 a (new)
Article 2 a (new)
Article2a Manufacturing capacity objectives within the Union 1. In order to achieve the objectives stated in Article 1(1), the following specific indicative targets should be reached by 2030: (i) The solar photovoltaic manufacturing capacity within the Union should meet at least 40% of the annual deployment needs for solar photovoltaic within the Union; (ii) The wind turbine manufacturing capacity within the Union should meet at least 85% of the annual deployment needs for wind energy within the Union; (iii) The heat pump manufacturing capacity within the Union should meet at least 60% of the annual deployment needs for heat pumps within the Union; (iv) The battery manufacturing capacity within the Union should meet at least 85% of the annual demand for batteries within the Union; (v) the electrolyser manufacturing capacity within the Union should meet at least 50% of the annual deployment needs within the Union; (vi) The manufacturing capacity of essential elements for nuclear reactors within the Union should be able to meet at least 90% of the annual deployment needs within the Union. (vii) The solar thermal manufacturing capacity within the Union should meet at least 75% of the annual deployment needs for solar thermal energy within the Union. 2. Where the Commission concludes that the Union does not achieve or risks not achieving the overall targets set out in paragraph 1, it shall propose without delay additional measures aimed at covering the identified gaps.
Amendment 477 #
2023/0081(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
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, utilisation, and storage technologies; and energy- system related energy efficiency technologies. They refer to the final 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 67 ‘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 Councilany technology that when deployed, contribute to the objectives of the Union’s climate and energy targets, and that is listed in the Annex onf the use of renewable and low-carbon fuels in maritime transport COM/2021/562 finalis Regulation.
Amendment 518 #
2023/0081(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a a (new)
Article 3 – paragraph 1 – point a a (new)
(aa) 'net-zero strategic projects' refers to net-zero technology manufacturing projects that are selected in accordance with the criteria set forth in Article 10 of this Regulation.
Amendment 523 #
2023/0081(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) ‘component’ means a small parnufactured element of a net-zero technology that is manufactured and traded by a company starting from processed materials;
Amendment 533 #
2023/0081(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) ‘innovative net-zero technologies’ means technologies which satisfy the definition of ‘net-zero technologies’, except that they have not reached a technology readiness level of at least 87, and that comprise genuine innovation which are not currently available on the market and are advanced enough to be tested in a controlled environment.
Amendment 562 #
2023/0081(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point e a (new)
Article 3 – paragraph 1 – point e a (new)
(ea) ‘net-zero industry valley’ means a specific area, on land, which has been designated by a Member State as particularly suitable for the construction or expansion of manufacturing facilities of the net-zero industry supply chain;
Amendment 666 #
2023/0081(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d a (new)
Article 5 – paragraph 1 – point d a (new)
(da) spatial planning and subsurface data;
Amendment 668 #
2023/0081(COD)
Proposal for a regulation
Article 6 – title
Article 6 – title
Duration and requirements of the permit- granting process
Amendment 685 #
2023/0081(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) 129 months for the construction of net-zero technology manufacturing projects with a yearly manufacturing capacity of less than 1 GW;
Amendment 692 #
2023/0081(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) 182 months for the construction of net-zero technology manufacturing projects, with a yearly manufacturing capacity of more than 1 GW.
Amendment 699 #
2023/0081(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. For net-zero technology manufacturing projects for which a yearly manufacturing capacity is not measured in GW, the permit-granting process shall not exceed a time limit of 182 months.
Amendment 721 #
2023/0081(COD)
Proposal for a regulation
Article 6 – paragraph 9 a (new)
Article 6 – paragraph 9 a (new)
9a. In accordance with this Regulation, the European Commission shall adopt guidelines to define a minimum set of permit-granting requirements that Member States must adhere to for net-zero technology manufacturing projects, in particular to simplify the preparatory work for promoters submitting manufacturing projects, while facilitating the instruction of requests by administrations.
Amendment 725 #
2023/0081(COD)
Proposal for a regulation
Article 6 – paragraph 9 b (new)
Article 6 – paragraph 9 b (new)
9b. National competent authorities shall ensure that the lack of reply of the relevant administrative bodies within the applicable time limits referred to in this Article results in the specific intermediary steps to be considered as approved, except where the principle of administrative tacit approval does not exist in the national legal system. This provision shall also apply to final decisions on the outcome of the process and for these decisions an explicit notice of tacit approval shall be send to the project promoter within a week after the tacit approval came into effect. All decisions, including a notice of tacit approval, shall be made publicly available.
Amendment 779 #
2023/0081(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point a
Article 10 – paragraph 1 – point a
(a) the net-zero technology manufacturing project contributes to the technological and industrial resilience of the Union’s energy system by increasing the manufacturing capacity of a component or part in the net- zero technology value chain for which the Union heavily dependsdepends on more than 50% on imports coming from a single third country ;
Amendment 802 #
2023/0081(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point b – point iv
Article 10 – paragraph 1 – point b – point iv
(iv) it adopts comprehensive low- carbon, energy and material efficiency and circular manufacturing practices, including waste heat recovery.
Amendment 810 #
2023/0081(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point b – point iv a (new)
Article 10 – paragraph 1 – point b – point iv a (new)
(iva) it contributes to increase the competitiveness of SMEs.
Amendment 916 #
2023/0081(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
(a) 96 months for the construction of net-zero strategic projects with a yearly manufacturing capacity of less than 1 GW;
Amendment 920 #
2023/0081(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) 129 months for the construction of net-zero strategic projects, with a yearly manufacturing capacity of more than 1 GW;
Amendment 926 #
2023/0081(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. For net-zero strategic technologies for which a yearly manufacturing capacity is not measured in GW, the permit-granting process shall not exceed a time limit of 129 months.
Amendment 941 #
2023/0081(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The Commission and the Member States shall undertake activities to accelerate and crowd-in public and private investments in net-zero strategic projects. Such activities may, without prejudice to Article 107 and Article 108 of the TFEU, include providing and coordinating support to net-zero strategic projects facing difficulties in accessing finance. The Commission and the Member States shall ensure this support is provided to the project promoter within six months following the submission of the request of the net-zero strategic project.
Amendment 949 #
2023/0081(COD)
Proposal for a regulation
Article 14 – paragraph 2 – introductory part
Article 14 – paragraph 2 – introductory part
2. The Commission and Member States may provide administrative and operational support to net-zero strategic projects to facilitate their rapid and effective implementation, including by providing:
Amendment 964 #
2023/0081(COD)
Proposal for a regulation
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2a. Member States shall allocate appropriate resources and incorporate measures to pursue the objectives of this Regulation within their national Recovery and Resilience Plans, specifically under their respective REPowerEU chapters.
Amendment 966 #
2023/0081(COD)
Proposal for a regulation
Article 14 – paragraph 2 b (new)
Article 14 – paragraph 2 b (new)
2b. In order to reach security of supply in the Union, Member States may provide financial support to Net Zero Resilience Projects.Such support shall, without prejudice to Article 107 and Article 108 of the TFEU, be designed to address remaining financing gaps for Net Zero Resilience Projects and may include: (a) guarantees to decrease borrowing costs and reduce risk at an early stage of project development; (b) measures aimed at de-risking agreements with off-takers, including supporting off-takers established in the Union to sign off-take agreements with Net-Zero Resilience Projects.
Amendment 974 #
2023/0081(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The Net-Zero Europe Platform as established in Article 28 shall discuassess financial needs and bottlenecks of net-zero strategic projects, collect potential best practices, in particular to develop EU cross-border supply chains, notably based on regular exchanges with the relevant industrial alliances.
Amendment 981 #
2023/0081(COD)
Proposal for a regulation
Article 15 – paragraph 2 – introductory part
Article 15 – paragraph 2 – introductory part
2. The Net-Zero Europe Platform shall, at the request of the net-zero strategic project promoter, discuss and advise on how the financing of its project can be completed, provide and coordinate support for its project to be completed, in particular to meet the criteria defined in Article 19(2), taking into account the funding already secured and considering at least the following elements:
Amendment 991 #
2023/0081(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point d
Article 15 – paragraph 2 – point d
(d) relevant Union funding and financing programmes, including a European Sovereignty Fund.
Amendment 995 #
2023/0081(COD)
Proposal for a regulation
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2a. Within three months of this regulation entering into force, the Net- Zero Europe Platform shall issue recommendations to the Commission on how to guarantee sufficient funding, including through the EU budget, to pursue the objectives of this Act. The Platform shall issue such recommendations every two years.
Amendment 1002 #
Amendment 1007 #
2023/0081(COD)
Proposal for a regulation
Article 16 – title
Article 16 – title
16 Union level objective of CO2 injection capacitystorage
Amendment 1016 #
2023/0081(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
An annual injection capacitystorage of at least 50 million tonnes of CO2 shall be achieved by 2030, in storage sites located in the territory of the European Union, its exclusive economic zones or on its continental shelf within the meaning of the United Nations Convention on the Law of the Sea (UNCLOS) and which are not combined with Enhanced Hydrocarbon Recovery (EHR).
Amendment 1022 #
2023/0081(COD)
Proposal for a regulation
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
Following the entry into force of this Regulation, the Commission shall conduct assessments every five years concerning targets for CO2 storage, and if necessary, propose an update by means of a delegated act.
Amendment 1089 #
2023/0081(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Each entity holding an authorisation as defined in Article 1, point 3, of Directive 94/22/EC shall be subject to an individual contribution to the Union- wide target for available CO2 injection capacity set in Article 16. Those individual contributions shall be calculated pro-rata on the basis of each entity’s share in the Union’s crude oil and natural gas production, refining and supply from 1 January 2020 to 31 December 2023 and shall consist of CO2 injection capacity in a storage site permitted in accordance with Directive 2009/31/EC on the geological storage of carbon dioxide and available to the market by 2030.
Amendment 1104 #
2023/0081(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. Following the receipt of the reports submitted pursuant to Article 17 (2), the Commission after having consulted Member States and interested parties, shall specify the share of the contribution to the Union CO2 injection capacitystorage objective by 2030 from entities referred to in paragraph 1.
Amendment 1107 #
2023/0081(COD)
Proposal for a regulation
Article 18 – paragraph 4 – introductory part
Article 18 – paragraph 4 – introductory part
4. Within twelve months of the entry into force of the Regulation, the entities referred to in paragraph 1 shall submit to the Commission a plan detailing how they intend to meet their contribution to Union CO2 injection capacitystorage objective by 2030. Those plans shall:
Amendment 1123 #
2023/0081(COD)
Proposal for a regulation
Article 18 – paragraph 5 – introductory part
Article 18 – paragraph 5 – introductory part
5. To meet their targeted volumes of available injection capacitystorage, entities referred to in paragraph 1 can do any of the following:
Amendment 1139 #
2023/0081(COD)
Proposal for a regulation
Article 18 – paragraph 6
Article 18 – paragraph 6
6. Two years after the entry into force of the Regulation and every year thereafter, the entities referred to in paragraph 1 shall submit a report to the Commission detailing their progress towards meeting their contribution. The Commission shall make these reports public. In accordance with Directive 2009/31/EC, this report must include details on the newly commissioned storage capacities, the extent of its utilization, and the origins of the CO2 being stored.
Amendment 1158 #
2023/0081(COD)
Proposal for a regulation
Article 18 – paragraph 7 a (new)
Article 18 – paragraph 7 a (new)
7a. To guarantee the continuous and effective implementation of this contribution over time, the Commission shall: (a) One year after the entry into force of this regulation, conduct an impact assessment to evaluate which carbon sources should be encouraged or precluded for the CO2 storage target. (b) On a rolling basis, and in accordance with the reassessment of the CO2 storage target, recalculate the pro-rata contributions of oil and gas producers, refiners, and other suppliers, based on their share in the Union’s crude oil and natural gas production.
Amendment 1162 #
2023/0081(COD)
Proposal for a regulation
Chapter IV – title
Chapter IV – title
IV Access to markets and global playing field of Net Zero Technologies
Amendment 1172 #
2023/0081(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. CWithout prejudice to the GPA and other international agreements by which the European Union is bound as well as applicable sectoral legislation, contracting authorities orand contracting entities shall base the award of contracts for purchase or use for net-zero technology listed in the Annex 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 contribution of the tender, in compliance with Regulation 2022/1031/EU, 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.
Amendment 1189 #
2023/0081(COD)
Proposal for a regulation
Article 19 – paragraph 2 – point b
Article 19 – paragraph 2 – point b
Amendment 1196 #
2023/0081(COD)
Amendment 1199 #
2023/0081(COD)
Proposal for a regulation
Article 19 – paragraph 2 – point d
Article 19 – paragraph 2 – point d
(d) the tender’s contribution to resilience, taking into account: (a) the proportion of the final 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 650% 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. ; (b) the proportion of the products and components originating from a source of supply located in the Union, as determined in accordance with Regulation (EU) No 952/2013 of the European Parliament and of the Council; (c) the introduction by third countries of a restrictive or distortive measure on net- zero technology or its technical and open interoperability; (d) the availability of essential spare parts for the functioning of the net-zero technology subject to the tender according to point (a) of this paragraph; (e) a commitment by the tenderer that possible changes in its supply chain during the execution of the contract will not affect adversely the execution of the contract; _________________ 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).
Amendment 1214 #
2023/0081(COD)
Proposal for a regulation
Article 19 – paragraph 2 a (new)
Article 19 – paragraph 2 a (new)
2a. Contracting authorities or contracting entities may base the award of contracts referred to in paragraph 1 on the following non-cumulative criteria, applied in an objective, transparent and non-discriminatory manner: a) where an innovative solution needs to be developed, its impact and the quality of the implementation plan, including risk management measures; b) the tender’s contribution to the energy system integration; c) social sustainability criteria applied under existing legislation.
Amendment 1217 #
2023/0081(COD)
Proposal for a regulation
Article 19 – paragraph 2 b (new)
Article 19 – paragraph 2 b (new)
2b. This shall not preclude contracting authorities from using other non-price criteria beyond those listed in paragraphs 2 and 2a.
Amendment 1218 #
2023/0081(COD)
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. Contracting authorities and contracting entities shall give the tender’s sustainability and resilience contribution a weight between 15% and 30% 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)minimum weight of 30% of the award criteria.
Amendment 1227 #
2023/0081(COD)
Proposal for a regulation
Article 19 – paragraph 3 a (new)
Article 19 – paragraph 3 a (new)
3a. For the implementation of the criteria referred to in paragraph 2, point (d), the contracting authorities or contracting entities refer to the latest data entered in the list referred to in Article 22(2), and the origin of supply shall be determined in accordance with Regulation (EU) No 952/2013 of the European Parliament and of the Council.
Amendment 1230 #
2023/0081(COD)
Proposal for a regulation
Article 19 – paragraph 4
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 10% may be presumed by contracting authorities and contracting entities to be disproportionate.This provisis Regulation 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.
Amendment 1240 #
2023/0081(COD)
Proposal for a regulation
Article 19 – paragraph 4 a (new)
Article 19 – paragraph 4 a (new)
4a. Any tender submitted for the award of a supply contract in all the sectors of the net zero technologies, shall 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 the Council, exceeds 50% of the total value of products constituting the tender. This paragraph shall apply in compliance with the provisions of the Article 85(1) of the Directive 25/2014/EU.
Amendment 1245 #
2023/0081(COD)
Proposal for a regulation
Article 19 – paragraph 4 b (new)
Article 19 – paragraph 4 b (new)
Amendment 1248 #
2023/0081(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Without prejudice to Article 4 of Directive (EU) 2018/2001 and Articles 107 and 108 the Treaty, and to the Union’s international commitments including the GPA and other international agreements by which the Union is bound, Member States, regional or local authorities, bodies governed by public law or associations formed by one or more such authorities or one or more such bodies governed by public law, shall assessuse the sustainability and resilience contribution as referred to in Article 19(2) of this Regulation when designing the criteria used for ranking bids or defining eligibility criteria in the framework of auctions, the aim of which is to support the production or consumption of energy from renewable sources as defined in Article 2, point (1) of Directive (EU) 2018/2001. This shall not preclude these entities from using other non-price criteria.
Amendment 1253 #
2023/0081(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The sustainability and resilience contribution shall be given a weight between 15% andminimum weight of 30% of the award criteria, without prejudice of the possibility to give a higher weighting to the criteria in Article 19(2), points (a) and (b), where applicable under Union legislation, and of any limit for non-price criteria . By exception to point 50 of Guidelines on State aid for climate, environmental protection and energy 2022, for auctions outlined in paragraph 1, non-price criteria will be able to represent under State aid rulesp to 45% of the award criteria, providing that the criteria set in Article 19(2) represent more than 25%.
Amendment 1260 #
2023/0081(COD)
Proposal for a regulation
Article 20 – paragraph 2 a (new)
Article 20 – paragraph 2 a (new)
2a. The conditions defined in Article 19 (4a) and (4b) apply also to this Article, for the actions to deploy renewable energy sources.
Amendment 1262 #
2023/0081(COD)
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
Amendment 1270 #
2023/0081(COD)
Proposal for a regulation
Article 20 – paragraph 3 a (new)
Article 20 – paragraph 3 a (new)
3a. When designing and implementing a scheme for the deployment of renewable energy sources by gateway (in the context of which aid is not allocated through a tendering procedure as described in paragraphs 20(1) to 20(3), competent public authorities may have the possibility to take into account the criteria mentioned in Article 19(2) and 19(2a) to provide higher financial amounts (as defined in Article 21(2) or to condition eligibility for the scheme).
Amendment 1281 #
2023/0081(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Without prejudice to Articles 107 and 108 of the Treaty and Article 4 of Directive 2018/200173 and in line with the Union’s international commitments, when deciding to set up schemes benefitting households, companies or consumers which incentivise the purchase of net-zero technology final products listed in the Annex, Member States, regional or local authorities, bodies governed by public law or associations formed by one or more such authorities or one or more such bodies governed by public law, shall design them in such a way as to promote the purchase by beneficiaries of net-zero technology final products with a higha minimum sustainability and resilience contribution as referred in Article 19(2), by providing additional proportionate financial compensation. _________________ 73 Directive 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
Amendment 1294 #
2023/0081(COD)
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. The additional financial compensation granted by authorities in accordance with paragraph 1, due to the application of the criteria referred to in Article 19(2) (b) (c) and (d) shall not exceed 520 % of the cost of the net-zero technology final product for the consumer.
Amendment 1302 #
2023/0081(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Where relevant, tThe Commission shall provide guidance on the criteria to assess the resilience and sustainability contribution of available products covered by the forms of public intervention covered under articles 19, 20 and 21.
Amendment 1352 #
Amendment 1358 #
2023/0081(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Member States may at their own initiative establish net-zero regulatory sandboxes, if needed in collaboration with regional, local levels and other Member States, allowing for the development, testing and validation of innovative net- zero technologies, in a controlled real- world environment for a limited time before their placement on the market or putting into service, thus enhancing regulatory learning and potential scaling up and wider deployment. Member States shall establish net-zero regulatory sandboxes in accordance with paragraph 1 at the request of any company developing innovative net-zero technologies, which fulfils the eligibility and selection criteria referred to in paragraph 4(a) and which has been selected by the competent authorities following the selection procedure referred to in paragraph 4(b).
Amendment 1398 #
2023/0081(COD)
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. The Platform may advise and assist the Commission and Member States in relation to their actions to reach the objectives outlined in Chapter I of this Regulation, taking into account Member States’ national energy and climate plans submitted under Regulation (EU) 2018/199975 . In particular, it will provide recommendations on several key areas. These include the establishment of manufacturing benchmarks for required strategic technologies and the identification of new technologies that should be included within the scope of the regulation. The Platform will also assess investment and funding needs, provide guidance on skills development, and oversee the implementation of permitting timelines. _________________ 75 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 (Text with EEA relevance.), (OJ L 328, 21.12.2018, p. 1).
Amendment 1406 #
2023/0081(COD)
Proposal for a regulation
Article 28 – paragraph 4 – introductory part
Article 28 – paragraph 4 – introductory part
4. The Commission and Member States may coordinate within the Platform on the Net-Zero Industrial Partnerships and also with relevant third countries to help promote the adoption of net-zero technologies globally and to support the role of Union industrial capabilities in paving the way for the global clean energy transition, in line with the overall objectives of this Regulation stemming from Article 1 of this Regulation. The Platform may periodically discussshall:
Amendment 1413 #
2023/0081(COD)
Proposal for a regulation
Article 28 – paragraph 4 – point a
Article 28 – paragraph 4 – point a
(a) how towhere needed, improve cooperation along the net-zero value chain between the Union and third countries;
Amendment 1414 #
2023/0081(COD)
Proposal for a regulation
Article 28 – paragraph 4 – point a a (new)
Article 28 – paragraph 4 – point a a (new)
(aa) ensure articulation and alignment of this regulation with other EU initiatives or temporary schemes falling under the Green deal industrial Plan;
Amendment 1415 #
2023/0081(COD)
Proposal for a regulation
Article 28 – paragraph 4 – point a b (new)
Article 28 – paragraph 4 – point a b (new)
(ab) monitor progress on value chains for net zero technologies, track technological and industrial changes, and identify future emerging strategic value chains;
Amendment 1416 #
2023/0081(COD)
Proposal for a regulation
Article 28 – paragraph 4 – point a c (new)
Article 28 – paragraph 4 – point a c (new)
(ac) monitor the timely notification of state-aid by Member states and authorisation by the Commission;
Amendment 1417 #
2023/0081(COD)
Proposal for a regulation
Article 28 – paragraph 4 – point a d (new)
Article 28 – paragraph 4 – point a d (new)
(ad) monitor requests for access to grants through EU funds and programs for purposes related to this regulation and, where needed, issue recommendations for coordinated, accelerated and easier procedure;
Amendment 1418 #
2023/0081(COD)
Proposal for a regulation
Article 28 – paragraph 4 – point b
Article 28 – paragraph 4 – point b
(b) assess how to address non-tariff barriers to trade, such as through mutual recognition of conformity assessment or commitments to avoid export restrictions;
Amendment 1420 #
2023/0081(COD)
Proposal for a regulation
Article 28 – paragraph 4 – point c – introductory part
Article 28 – paragraph 4 – point c – introductory part
(c) identify which third countries should be prioritised for the conclusion of Net-Zero Industrial Partnerships, taking into account the following:
Amendment 1429 #
2023/0081(COD)
Proposal for a regulation
Article 28 – paragraph 4 – point c a (new)
Article 28 – paragraph 4 – point c a (new)
(ca) evaluate trade defence tools to counter any measures from third countries that may arise and jeopardise the objectives set in Article 1;
Amendment 1430 #
2023/0081(COD)
Proposal for a regulation
Article 28 – paragraph 4 – point c b (new)
Article 28 – paragraph 4 – point c b (new)
(cb) Discuss market access for European undertakings to public procurements of third countries falling under the scope of Regulation (EU) 2022/1031;
Amendment 1440 #
2023/0081(COD)
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. The Platform shall be composed of the Member States and of the Commission, the Commission, of the European Parliament, and of representatives of the industrials alliances. It shall be chaired by a representative of the Commission.
Amendment 1465 #
2023/0081(COD)
Proposal for a regulation
Article 29 – paragraph 8
Article 29 – paragraph 8
8. Where appropriate, the Platform or the Commission may invite experts, stakeholders representing civil society, trade unions and other third parties to Platform and sub- group meetings or to provide written contributions.
Amendment 1503 #
2023/0081(COD)
Proposal for a regulation
Article 31 – paragraph 2 a (new)
Article 31 – paragraph 2 a (new)
2a. the number of SMEs that are part of net-zero technology manufacturing projects;
Amendment 1509 #
2023/0081(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
The Commission is empowered to adopt delegated acts in accordance with Article 33 to amend the list of net-zero technologies contained in Annexe, the modalities in which agreements between entities referred to in Article 18(1) and investments in storage capacity held by third parties are taken into account to meet their individual contribution set out in Article 18 (5), as well as the content of the reports referred to in Article 18 (6).
Amendment 1519 #
2023/0081(COD)
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
It shall apply from [date of entry into force]. Until [21 years following the date of application of this Regulation], Article 19 (2), point (a), (b) and (c) shall apply only to contracts concluded by central purchasing bodies as defined in Article 2 (1), point (16), of Directive 2014/24/EU and Article 2 (1), point (12), of Directive 2014/25/EU and for contracts of a value equal to or higher than EUR 25 million.
Amendment 1522 #
Amendment 1528 #
2023/0081(COD)
Proposal for a regulation
Annex I – table 1
Annex I – table 1
Amendment 115 #
2023/0079(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Access to raw materials is essential for the Union economy and the functioning of the internal market. There is a set of non-energy, non-agricultural raw materials that, due to their high economic importance and their exposure to high supply risk, often caused by a high concentration of supply from a few third countries, are considered critical. Given the key role of many such critical raw materials in realising the green and digital transitions, and in light of their use for defence and aerospace applications, demand will increase exponentially in the coming decades. At the same time, the risk of supply disruptions is increasing against the background of rising geopolitical tensions and resource competition. Furthermore, if not managed properly, increased demand for critical raw materials could lead to negative environmental and social impacts. Considering these trends, it is necessary to take measures to ensure access to a secure and sustainable supply of critical raw materials to safeguard the Union's economic resilience and open strategic autonomy.
Amendment 135 #
2023/0079(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) In order to ensure that the measures set out in the Regulation focus on the most relevant materials, a list of strategic raw materials and a list of critical raw materials should be established. Those lists should also serve to guide and coordinate Member States’ efforts to contribute to the realisation of the aims of this Regulation. The list of strategic raw materials should contain raw materials that are of high strategic importance, taking into account their use in strategic technologies underpinning the green and digital transitions or for defence or aerospace applications, that are characterised by a potentially significant gap between global supply and projected demand, and for which an increase in production is relatively difficult, for instance due to long lead-times for new projects increasing supply capacity. To take account of possible technological and economic changes, the list of strategic materials should be periodically reviewed and, if necessary, updated. In order to ensure that efforts to increase the Union capacities along the value chain, reinforce the Union’s capacity to monitor and mitigate supply risks and increase diversification of supply are focused on the materials for which they are most needed, the relevant measures should only apply to the list of strategic raw materials.
Amendment 167 #
2023/0079(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) To reflect the evolving Union's capabilities in extraction, processing, and recycling, which depend on geology, the Commission should modify the benchmark targets for each strategic raw material, following the issuance of an opinion from the Board. This modification could also occur subsequent to a review of the list of strategic raw materials.
Amendment 173 #
2023/0079(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) Limiting the increase in demand for critical raw materials is one of the levers to strengthen the strategic autonomy of the Union and reduce our global environmental footprint. Therefore, the Commission should develop an indicator to monitor the evolution of the level of criticality and material efficiency of intermediate and final products containing critical raw materials.
Amendment 181 #
2023/0079(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) In order to ensure the sustainability of increased raw material production, new raw materials projects should be implemented sustainably. To that end, the Strategic Projects receiving support under this Regulation should be assessed taking into account international instruments covering all aspects of sustainability highlighted in the EU principles for sustainable raw materials31, including ensuring environmental protection, socially responsible practices, including respect for human rights such as the rights of women, and transparent business practices. Projects should also ensure engagement in good faith as well as comprehensive and meaningful consultations with local communities, including with indigenous peoples. To provide project promoters with a clear and efficient way of complying with this criterion, compliance with relevant Union legislation, international standards, guidelines and principles or participation in a certification scheme recognised under this Regulation should be considered sufficient. As the Union will remain significantly dependant on third countries for its supply in raw materials, it should be particularly active in international standard setting so that a level-playing field can be reached with European producers respecting ambitious ESG criteria. _________________ 31 European Commission, Directorate- General for Internal Market, Industry, Entrepreneurship and SMEs, EU principles for sustainable raw materials, Publications Office, 2021, https://data.europa.eu/doi/10.2873/27875
Amendment 201 #
2023/0079(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) In light of their importance for ensuring the security of supply of strategic raw materials, Strategic Projects should be considered to be in the public interest. Ensuring the security of supply of strategic raw materials is of crucial importance for the success of the green and digital transitions as well as the resilience of the defence and aerospace sectors. To contribute towards security of supply of strategic raw materials in the Union, Member States may provide for support in national permit granting procedures to speed up the realisation of Strategic Projects in accordance with Union law.
Amendment 221 #
2023/0079(COD)
(26) Within the Union, critical raw materials projects often face difficulties with access to finance. Critical raw materials markets are often characterised by high volatility of prices, long lead times, high concentration and opacity. Additionally, financing for the sector requires a high level of expert knowledge that is often lacking among financial institutions. To overcome these factors and contribute towards ensuring a stable and reliable supply of strategic raw materials, Member States and the Commission should assist in access to finance and administrative support. Given the essential nature of critical raw materials for the Digital and Green Transition, the Commission shall adopt as soon as possible a delegated act under the Taxonomy Regulation (EU) 2021/523 defining the technical screening criteria for mining and refining, based on the work of the Platform on Sustainable Finance.
Amendment 325 #
2023/0079(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point a – point iii a (new)
Article 1 – paragraph 2 – point a – point iii a (new)
(iiia) One year after the date of entry into force of this Regulation, the Commission, after the issuance of an opinion of the Board, shall set benchmark targets per strategic raw materials at least equivalent to the global targets set in the (i), (ii) and (iii). After every review of the list of strategic raw materials, the Commission, following the issuance of an opinion by the Board, may review the benchmark targets set by strategic raw materials.
Amendment 414 #
2023/0079(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 31
Article 2 – paragraph 1 – point 31
(31) ‘strategic technologies’ means the technologies needed for the green and digital transitions as well as for defence and aerospace applications;
Amendment 627 #
2023/0079(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The Commission and the Member States shall undertake activities to accelerate and crowd-in private investments in Strategic Projects. Such activities may, without prejudice to Article 107 and Article 108 of the TFEU, includeTo secure consistent supply within the Union, Member States may, in compliance with Article 107 and Article 108 of the TFEU, institute specific support initiatives, including financial safeguards, and may also providing and coordinating support toassistance for Strategic Projects facing difficulties in accessthat are encountering issues in securing finance. ing.
Amendment 714 #
2023/0079(COD)
Proposal for a regulation
Article 19 – paragraph 3 – subparagraph 2 – point e
Article 19 – paragraph 3 – subparagraph 2 – point e
(e) the users of the relevant raw material along the value chain and their share of demand, with special attention to the manufacturing of technologies relevant for the green and digital transitions as well as defence and aerospace applications.
Amendment 723 #
2023/0079(COD)
Proposal for a regulation
Article 19 a (new)
Article 19 a (new)
Article19a Monitoring the level of the level of criticality and material efficiency of intermediate or final products containing critical raw materials 1. By 31 December 2024, the Commission shall adopt a delegated act to lay down the methodology to monitor the level of criticality and material efficiency of intermediate or final products containing critical raw materials. 2. The Commission shall adopt implementing acts specifying a list of intermediate or final products including critical raw materials for which the level of criticality and material efficiency shall be monitored. 3. After 31 December 2027, the Commission may adopt delegated act supplementing this Regulation by laying down minimum requirements for reducing the level of criticality and material efficiency of intermediate and final products containing critical raw materials.
Amendment 771 #
2023/0079(COD)
Proposal for a regulation
Article 25 – paragraph 1 – point b
Article 25 – paragraph 1 – point b
(b) increase the re-use, refurbishing, remanufacturing, and repurposing of products and components with high critical raw materials recovery potential;
Amendment 776 #
2023/0079(COD)
Proposal for a regulation
Article 25 – paragraph 1 – point c
Article 25 – paragraph 1 – point c
(c) increase the use of secondary critical raw materials in processing and manufacturing, in particular those originating from production scraps and end-of-life products with a high critical raw materials recovery potential, including, where appropriate, by taking into account recycled content and recyclability in all according processes appropriately into account in award criteria related to public procurement; and by implementing financial incentives to encourage manufacturers to utilize secondary raw materials processed within Europe, or to facilitate the establishment of recycling facilities for strategic raw material waste and production scraps within the Union;
Amendment 791 #
2023/0079(COD)
Proposal for a regulation
Article 25 – paragraph 1 – point e a (new)
Article 25 – paragraph 1 – point e a (new)
(ea) implement required actions to ensure that products and materials, exported under the status of 'end of waste', comply with the stipulations laid out in Directive 2008/98/EC and associated EU regulations.
Amendment 795 #
2023/0079(COD)
Proposal for a regulation
Article 25 – paragraph 1 – point e b (new)
Article 25 – paragraph 1 – point e b (new)
(eb) establish funding programs in research and innovation, focused on enhancing the recyclability of critical raw materials sourced from production waste and products at the end of their lifecycle, as well as the substitution and development of advanced materials.
Amendment 813 #
2023/0079(COD)
Proposal for a regulation
Article 25 – paragraph 7 a (new)
Article 25 – paragraph 7 a (new)
7a. By December 31st, 2023, the Commission shall adopt a delegated act specifying new dedicated waste codes for Lithium-ion batteries and their intermediate waste streams (“black masses”) and setting up a fast-track procedure for their shipment for treatment and recycling within the Union.
Amendment 833 #
2023/0079(COD)
Proposal for a regulation
Article 27 – paragraph 10
Article 27 – paragraph 10
10. Products primarily designed for defence or aerospace applications shall be exempted from the requirements of this Article
Amendment 842 #
2023/0079(COD)
Proposal for a regulation
Article 28 – paragraph 5 – subparagraph 2
Article 28 – paragraph 5 – subparagraph 2
Natural and legal persons placing on the market products referred to in paragraph 1 shall not provide or display labels, marks, symbols or inscriptions that are likely to mislead or confuse customers with respect to the information referred to in paragraph 1. Products primarily designed for defence or aerospace applications shall be exempted from the requirements of this Article.
Amendment 847 #
2023/0079(COD)
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1
Article 29 – paragraph 1 – subparagraph 1
Governments or organisations or industrial companies that have developed and oversee certification schemes related to the sustainability of critical raw materials ("scheme owners") may apply to have their schemes recognised by the Commission.
Amendment 849 #
2023/0079(COD)
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1
Article 29 – paragraph 1 – subparagraph 1
Governments or, organisations or industrial companies that have developed and oversee certification schemes related to the sustainability of critical raw materials ("scheme owners") may apply to have their schemes recognised by the Commission.
Amendment 1021 #
2023/0079(COD)
Proposal for a regulation
Annex I – Section 1 – paragraph 1 – point k
Annex I – Section 1 – paragraph 1 – point k
(k) Nickel - battery grade
Amendment 1025 #
2023/0079(COD)
Proposal for a regulation
Annex I – Section 1 – paragraph 1 – point k
Annex I – Section 1 – paragraph 1 – point k
(k) Nickel - battery grade
Amendment 1032 #
2023/0079(COD)
Proposal for a regulation
Annex I – Section 1 – paragraph 1 – point m
Annex I – Section 1 – paragraph 1 – point m
(m) Rare Earth Elements for magnets (Nd, Pr, Tb, Dy, Gd, Sm, and Ce)
Amendment 1033 #
2023/0079(COD)
(m) Rare Earth Elements for magnets (Nd, Pr, Tb, Dy, Gd, Sm, and Ce)
Amendment 1065 #
2023/0079(COD)
Proposal for a regulation
Annex I – Section 2 – point 1 – introductory part
Annex I – Section 2 – point 1 – introductory part
1. The strategic importance shall be determined based on the relevance of a raw material for the green and digital transition as well as defence and aerospace applications, taking into account:
Amendment 1072 #
2023/0079(COD)
Proposal for a regulation
Annex II – Section 1 – paragraph 1 – point -a (new)
Annex II – Section 1 – paragraph 1 – point -a (new)
(-a) Aluminium
Amendment 1093 #
2023/0079(COD)
Proposal for a regulation
Annex II – Section 1 – paragraph 1 – point w
Annex II – Section 1 – paragraph 1 – point w
(w) Nickel – battery grade
Amendment 1142 #
2023/0079(COD)
(a) it is open under transparent, fair and non-discriminatory terms to all economic operators willing and able to comply with the scheme’s requirements and it is of multi-stakholder governance;
Amendment 1156 #
2023/0079(COD)
Proposal for a regulation
Annex IV – paragraph 1 – point b – point ii
Annex IV – paragraph 1 – point b – point ii
(ii) requirements for ensuring socially responsible practices, including respect for human rights and labour rights including community life of indigenous peoples;
Amendment 1166 #
2023/0079(COD)
Proposal for a regulation
Annex IV – paragraph 1 – point c
Annex IV – paragraph 1 – point c
(c) verification and monitoring of compliance is objective, based on international, Union or national standards, requirements and procedures and carried out independently from the relevant economic operator; , such as: (a) the Ten Principles of the United Nations Global Compact; (b) the UNEP Guidelines for Social Life Cycle Assessment of Products; (c) the Convention on Biological Diversity, in particular Decision COP VIII/28- Voluntary guidelines on Biodiversity-Inclusive impact assessment; (d) the UN Paris Agreement; (e) the Eight fundamental ILO Conventions as defined under the ILO Declaration on Fundamental Principles and Rights at work; (f) any other international environmental conventions that are binding upon the Union or its Member States, (g) the ILO Declaration on Fundamental Principles and Rights at Work; and (h) the International Bill of Human Rights, including the international covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights.
Amendment 1171 #
2023/0079(COD)
Proposal for a regulation
Annex IV – paragraph 1 – point d a (new)
Annex IV – paragraph 1 – point d a (new)
(da) it includes sufficient requirements to ensure public reporting including but not limited to a detailed audit-report at the site level.
Amendment 188 #
2023/0077(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Very high prices and volatility in electricity markets have been observed since September 2021. As set out by the European Agency for the Cooperation of Energy Regulators (‘ACER’) in its April 2022 assessment of EU wholesale electricity market design17, this is mainly a consequence of the high price of gas, which is used as an input to generate electricity. Additional factors such as, maintenance, corrosion problems or outages experienced in various production plants further amplified the increase in electricity prices. _________________ 17 European Union Agency for the Cooperation of Energy Regulators, ACER’s Final Assessment of the EU Wholesale Electricity Market Design, April 2022.
Amendment 200 #
2023/0077(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) On 18 May 2022 the Commission presented the REPowerEU plan20 that introduced additional measures focusing on energy savings, diversification of energy supplies and accelerated roll-out of renewable energy and other fossil-free solutions aiming at ending the Union’s dependency on Russian fossil fuels, including a proposal to increase the Union’s 2030 target for renewables to 45%. Furthermore, the Communication on Short-Term Energy Market Interventions and Long-Term Improvements to the Electricity Market Design21, in addition to setting out additional short-term measures to tackle high energy prices identified potential areas for improving the electricity market design and announced the intention to assess these areas with a view to change the legislative framework. _________________ 20 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions - REPowerEU Plan, COM(2022)230. 21 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions - Short- Term Energy Market Interventions and Long Term Improvements to the Electricity Market Design – a course for action, COM(2022) 236 final.
Amendment 266 #
2023/0077(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) In this framework, Member States should strive to create the right market conditions for long-term market-based instruments, such as power purchase agreements (‘PPAs’). PPAs are bilateral purchase agreements between producers and buyers of electricity. They provide long-term price stability for the customer and the necessary certainty for the producer to take the investment decision. PPAs therefore help to support the competitiveness of the Union’s businesses, including SMEs, who face international competition . Nevertheless, only a handful of Member States have active PPA markets and buyers are typically limited to large companies, not least because PPAs face a set of barriers, in particular the difficulty to cover the risk of payment default from the buyer in these long-term agreements. Member States should take into consideration the need to create a dynamic PPA market when setting the policies to achieve the energy decarbonisation objectives set out in their integrated national energy and climate plans.
Amendment 371 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Regulation (EU) 2019/943
Article 1 – point e
Article 1 – point e
(e) support long-term investments in renewable and fossil-free energy generation and enable consumers’ to make their energy bills less dependent from fluctuations of short-term electricity market prices, in particular fossil fuel prices in the medium to long-term.
Amendment 402 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2019/943
Article 2 – point 77
Article 2 – point 77
(77) ‘power purchase agreement’ or ‘PPA’ means a contract under which a natural or legal person agrees to purchase electricity from an electricity producer on a market basicommercial terms;
Amendment 529 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
(EU) 2019/944
Article 8 paragraph 1
Article 8 paragraph 1
NEMOs shall allow market participants to trade energy as close to real time as possible and at least up to the intraday cross-zonal gate closure time. By 1 January 2028, the intraday cross-zonal gate closure time shall be at the earliest 30 minutes ahead of real time.
Amendment 534 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
(EU) 2019/944
Article 8 paragraph 3
Article 8 paragraph 3
NEMOs shall provide products for trading in day-ahead and intraday markets which are sufficiently small in size, with minimum bid sizes of 100kW or less, to allow for the effective participation of demand-side response, energy storage and small-scale renewables including direct participation by customers. Derogation may be granted until December 2026.
Amendment 632 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
(EU) 2019/944
Article 19a paragraph 1
Article 19a paragraph 1
1a. 1bis. Member States shall encourage that PPAs contracts reflect the conditions under which the producer generates electricity including its cost of production, while not preventing competition between producers. National regulatory authorities shall provide guidelines on the condition of conclusion of such contracts and may collect relevant information from the producer or the buyer to that extent.
Amendment 992 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Amendment 1117 #
2023/0077(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Directive (EU) 2019/944
Article 15 a – paragraph 1
Article 15 a – paragraph 1
1. All households, small and medium sized enterprises and public bodies have the right to participate in energy sharing as active customers. Member States shall establish a framework that enables energy sharing. This framework shall include at least the following provisions:
Amendment 1126 #
2023/0077(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Directive (EU) 2019/944
Article 15 a – paragraph 1 – point a
Article 15 a – paragraph 1 – point a
(a) Active customers shall be entitled to share renewable energy between themselves based on private agreements or through a legal entitythrough a legal entity up to a capacity limit of 3MW.
Amendment 149 #
2022/2172(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls for the establishment of a biowaste-based own resource; underlines that, under this mechanism, a share of GNI-based contributions would be replaced by a new distribution key requiring Member States recycling less biowaste to contribute more than Member States that recycle more biowaste, in a proportionate way; considers that this own resource would incentivise Member States to resort less to landfills; asks the Commission to assess whether an incentivizing mechanism for the recycling of hazardous waste could be implemented as well;
Amendment 38 #
2022/2146(INI)
Motion for a resolution
Recital B
Recital B
B. whereas a number of European companies are battling strong headwinds as a result of the current adverse economic and social situations;
Amendment 51 #
2022/2146(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the BEPS action plan managed to establish a global consensus on many issues regarding the fight against tax avoidance and aggressive tax planning;
Amendment 56 #
2022/2146(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the EU led by example in transposing international agreements into a high number of tax directives improving coordination and the EU’s fight against tax fraud, tax avoidance and aggressive tax planning;
Amendment 62 #
2022/2146(INI)
Motion for a resolution
Recital E
Recital E
E. whereas as of 16 December 2022, 138 statejurisdictions, including all EU Member States, had agreed on the reform of the international tax system through a two- pillar solution;
Amendment 67 #
2022/2146(INI)
Motion for a resolution
Recital F
Recital F
F. whereas tax policy fragmentation createsontributes to creation of various obstacles for citizens and companies in the single market, particularly small and medium- sized enterprises (SMEs); whereas these obstacles discourage cross-border economic activity and can distort the single market;
Amendment 69 #
2022/2146(INI)
Motion for a resolution
Recital F
Recital F
F. whereas tax policy fragmentation creates various obstacles for citizens and companies in the single market, particularly small and medium-sized enterprises (SMEs); whereas these obstacles discourage cross-border economic activity and can distort the single market; whereas Member States continue to lose tax revenue due to harmful tax practices enabled by loopholes between Member States’ legislation, or between Member States and third countries, and estimates of revenue lost as a result of harmful tax practices range from EUR 36-37 billion to EUR 160-190 billion per year; whereas policy fragmentations might increase the cost of enforcement for tax authorities;
Amendment 102 #
2022/2146(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Recalls that EU Member States cooperating on corporate taxation is not a goal in itself, but rather a tool to complete, improve and further develop the single marketalthough tax policy largely remains a Member State responsibility, the single market requires tax cooperation and harmonization in setting tax policy ;
Amendment 125 #
2022/2146(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Takes note of the numerousWelcomes the different tax directives since 2011 that have led to fairer, simpler and more effective corporate taxation in the EU, and to a high number of tax compliance obligations on companies wiwhile helped reducing the cost of tax compliance, especially for SMEs that operate in more thian the EUone Member State 21 ; _________________ 21 See notably the Anti-Tax Avoidance Directives (ATAD I and ATAD II), the amendments of the Directive on administrative cooperation in the field of taxation (DAC 1 to DAC 7), the revision of the Parent Subsidiary Directive, the EU Dispute Settlement Directive, the Public Country-by-Country Reporting Directive, or the Pillar Two Directive.
Amendment 158 #
2022/2146(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Commission to present an overall evaluation of actions taken on corporate taxation since 2011 and to immediately ease the burden on businesses by invoking a regulatory moratorium and delaying those tax acts that would unnecessarily increase costs for businesses already under strain; calls on the Commission to carry out competitiveness checks for new legislative tax proposals, as requested by the European Council for all new proposals on 22 March 2023;
Amendment 194 #
2022/2146(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Takes note ofWelcomes the two-pillar solution reached at the OECD/G20 Inclusive Framework on the allocation of taxing rights and the application of a minimum effective tax rate of 15 % on the global profits of MNEs; expresses its concern at the delays in the international process agreeing on Pillar One; recalls the implementation of this pillar is key to the introduction of a new own resource based on a share of the residual profits of the largest and most profitable MNEs that are reallocated to Member States under the agreement;
Amendment 195 #
2022/2146(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Takes note ofWelcomes the two-pillar solution reached at the OECD/G20 Inclusive Framework on the allocation of taxing rights and the application of a minimum effective tax rate of 15 % on the global profits of MNEs; welcomes the adoption of the Pillar Two Directive implementing the international agreement in the EU law;
Amendment 207 #
2022/2146(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Observes that, in addition to coping with a volatile business environment and an increasing number of EU tax directives, companies are focusing their financial and human resources on applying the Pillar Two rules; calls on the Commission to give companies breathing spaceadequate means and enough time to prepare for the possible new BEFIT rules;
Amendment 221 #
2022/2146(INI)
Motion for a resolution
Subheading 3
Subheading 3
Towards a more harmonized and simplified corporate tax regime
Amendment 227 #
2022/2146(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission to guidesuggest measures for all the Member States towards a simplified tax system to reduce the administrative burden for companies, especially SMEs; acknowledges that simplifying refund procedures, deductions and litigation are other solutions to reduce the administrative burden, especially for SMEs;
Amendment 228 #
2022/2146(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Highlights that the fragmentation of national tax policies can have a distortive effect on the EU single market and be harmful for the EU economy, particularly for SMEs, as they have to cope with up to 27 different tax systems ; Calls on the Commission to guide all the Member States towards a simplified and more harmonized tax system to reduce the administrative burden for companies, especially SMEs; acknowledges that simplifying refund procedures, deductions and litigation are other solutions to reduce the administrative burden, especially for SMEs;
Amendment 231 #
2022/2146(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Welcomes that the EU has developed peer review procedures within the Code of Conduct Group for business taxation; underlines that in this framework Member States re-examine, amend or abolish their existing tax measures that constitute harmful tax competition, as well as refrain from introducing new ones in the future; welcomes in this regard the 2022 Council agreement to broaden the scope of the tax measures under scrutiny when examining harmful tax practices within the EU;
Amendment 241 #
2022/2146(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Welcomes the Commission’s plan to work on a BEFIT proposal, expected in the third quarter of 2023, with a view to designing a new and single EU corporate tax rulebook, based on a fair, comprehensive and effective formulary apportionment and a common tax base of income taxation for businesses, which wil. In this context, calls on the Commission to ensure that the new proposal provides clarity and predictability for companies;
Amendment 242 #
2022/2146(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Welcomes the Commission’s plan to work on a BEFIT proposal, expected in the third quarter of 2023, with a view to designing a new and single EU corporate tax rulebook, based on a fair, comprehensive and effective formulary apportionment and a common tax base of income taxation for businesses, which will provide clarity and predictability for companies; further welcomes the fact that the Commission considers the potential introduction of a new own resource based on BEFIT framework once adopted, in accordance with the Interinstitutional Agreement of 16 December 2020 between the European Parliament, the Council of the European Union and the European Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management, as well as on new own resources, including a roadmap towards the introduction of new own resources (IIA)1a; _________________ 1a OJ L 433 I, 22.12.2020, p. 28.
Amendment 245 #
2022/2146(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Underlines the Commission’s Communication on Business taxation for the 21st century stating that “the lack of a common corporate tax system in the Single Market acts as a drag on competitiveness (...) and that it creates a competitive disadvantage compared to third country markets”; Welcomes the Commission’s plan to work on a BEFIT proposal, expected in the third quarter of 2023, with a view to designing a new and single EU corporate tax rulebook, based on a fair, comprehensive and effective formulary apportionment and a common tax base of income taxation for businesses, which will provide clarity and predictability for companies;
Amendment 253 #
2022/2146(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Takes note ofWelcomes the BEFIT objectives, as addressed in the Commission’s call for evidence for an impact assessment, to increase businesses’ resilience by reducing the complexity of tax rules and the compliance costs faced by EU businesses with cross-border operations, to remove obstacles to cross- border investment and make the single market a more attractive location for international investment, to create an environment conducive to fair and sustainable growth by paving the way for administrative simplification, and to provide sustainable tax revenue, which is particularly important in the current challenging economic climate;
Amendment 255 #
2022/2146(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Takes note of the BEFIT objectives, as addressed in the Commission’s call for evidence for an impact assessment, to increase businesses’ resilience by reducing the complexity of tax rules and the compliance costs faced by EU businesses with cross-border operations, to remove obstacles to cross- border investment and make the single market a more attractive location for international investment, to create an environment conducive to fair and sustainable growth by paving the way for administrative simplification, and to provide sustainable tax revenue, which is particularly important in the current challenging economic climate; emphasises that the implementation of a single tax rulebook would help reduce the scope for harmful tax competition between Member States while decreasing compliance costs, in particular for cross-border economic operations;
Amendment 2 #
2022/2062(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
— having regard to Articles 2 and 3 of the Treaty on European Union,
Amendment 21 #
2022/2062(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas the EIB eligibility list currently excludes equipment and infrastructure for military use; whereas investments for dual use are not excluded1a; _________________ 1a https://www.eib.org/en/publications/eib- eligibility-excluded-activities-and- excluded-sectors-list
Amendment 39 #
2022/2062(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Emphasises the importance of adherence to the rule of law in the European Union, as enshrined in the EU Treaty; invites the EIB to align its activities with the Rule of Law conditionality mechanism;
Amendment 54 #
2022/2062(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Welcomes the EIB Strategic European Security Initiative (SESI), which will make available up to 6 billion euros by 2027 for dual-use research, RDI, civilian security infrastructure and cutting-edge technology projects;
Amendment 58 #
2022/2062(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
Amendment 59 #
2022/2062(INI)
Motion for a resolution
Paragraph 10 c (new)
Paragraph 10 c (new)
10 c. Regrets the exclusion of ammunition, weapons, equipment and infrastructure for military use from the list of eligible investments, given that investment in these areas is critical in order to sustain European security; considers that any military product is not unethical in and of itself and that its use should always be aligned with international law; calls on the EIB to include investments in defence products and activities in its eligibility list;
Amendment 67 #
2022/2062(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes the fact that in 2022, the EIB provided financing amounting to a total investment of EUR 16.35 billion for SMEs and mid-caps; calls on the EIB to reflect on ways to facilitate its support to SME's further, especially for smaller financing projects;
Amendment 95 #
2022/2062(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21 a. Emphasises the importance of investing in low carbon energy sources such as hydrogen, CCS and nuclear energy; welcomes in this regard the EIB's contribution to REPowerEU in the form of an additional 30 billion euros in investments; highlights that nuclear energy is free of CO2 emissions and taxonomy-aligned; welcomes in this regard the EIB's activities in this field and encourages the bank to step up its efforts;
Amendment 101 #
2022/2062(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Welcomes the introduction of the EIB’s new transport lending policy in July 2022 and calls for its swift implementation; calls on the EIB to finance all projects that align with the EU Taxonomy, as well as other projects that aim to lower the carbon footprint of the maritime sector, such as Green Corridor projects;
Amendment 117 #
2022/2062(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24 a. Considers that the EIB should contribute to the EU’s objective of enhancing its strategic autonomy; welcomes in this regard the launch of the Global Gateway Fund, which will principally support investments in infrastructure and SME's;
Amendment 82 #
2022/2061(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
J a. whereas crisis management remains fragmented across the EU and the BU, resulting in an unlevel playing field between banks and jurisdictions;
Amendment 112 #
2022/2061(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that the EU should fairly and fully implement the Basel III reform in a timely manner, while taking European specificities into account, and ensuring the competitiveness of EU banks and an international level playing field;
Amendment 141 #
2022/2061(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the ongoing work by the Commission and the ECB on the digital euro; looks forward to the Commission’s legislative proposal and the ECB Governing Council’s decision on the digital euro;
Amendment 162 #
2022/2061(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Encourages banks to take advantage of the opportunities offered by the European market for banking services; stresses the need to remove unnecessary obstacles to cross-border activities within the European Union;
Amendment 192 #
2022/2061(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes that banks’ exposures to domestic sovereign debt remain high; recalls that one of the main objectives of the BU is to break the link between bank, in conjunction with unprecedented public financing needs since the Covid crisis; recalls that one of the main objectives of the BU is to break the bank-sovereign doom loop, through which bank failures translate to public debt and sovereign risks;
Amendment 208 #
2022/2061(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Highlights that banks have a crucial role to play in enabling the transition towards a sustainable economy; calls for the EBA to assess whether the current dedicated prudential treatment of exposures related to assets or liabilities subject to impacts from environmental, and/or social factors should be adjusted; this assesment shall include - the availability and accessibility of reliable and consistent ESG data per exposure class; - the feasibility of introducing a classification system to identify and qualify the exposures, for each exposure class, based on a common set of principles to ESG risk classification; - the effective riskiness of exposures related to assets and activities subject to impacts from environmental and/or social factors compared to the riskiness of other exposure; - the potential short, medium and long- term effects of an adjusted dedicated prudential treatment of exposures related to assets and activities subject to impacts from environmental and/or social factors on financial stability and bank lending in the Union; - the targeted enhancements that could be considered within the current prudential framework and the possible additional and more comprehensive revisions to the framework that should be considered; calls, if appropriate, for the Commission to submit to the European Parliament and to the Council a legislative proposal concerning the inclusion of environmental, social and governance (ESG) risks to be included in the prudential framework;
Amendment 215 #
2022/2061(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Recalls that as part of its ‘strategy for financing the transition to a sustainable economy’, the Commission pledged to ‘take action to ensure the inclusion of relevant ESG factors in credit ratings’ and looks forward to the upcoming legislative proposal in this area;
Amendment 239 #
2022/2061(INI)
16. Notes that crypto-assets create new challenges for banks; welcomes the forthcoming adoption of the regulation on markets in Crypto-assets in this regard; welcomes the recently published Basel prudential standard for banks' exposures to crypto assets, calls for the rapid implementation at EU level of this standard;
Amendment 249 #
2022/2061(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Welcomes the publication of the resolvability heat map; calls on the SRB to further improve the transparency of its decisions, for instance through the publication of bank by bank analysis on resolvability;
Amendment 253 #
2022/2061(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Takes note of the SRB’s work programme for 2023; emphasises that the Single Resolution Fund should be fully filled up and that all banks should be fully resolvable by the end of 2023, including thanks to binding MREL targets; notes that further progress is needed by all banks; encourages the SRB to take coercive measures in order for banks lagging behind to respect their MREL targets, rather than to postpone the binding nature of the requirement;
Amendment 258 #
2022/2061(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Points out the need to address the loopholes identified in the resolutioncrisis management framework; asks that the public interest assessment be further specified and harmonised, in a way that allows significantly broadening the scope of resolution, in order to foster better crisis preparedness of EU banks as well as less fragmented procedures to handle bank crises; calls for greater harmonisation of the treatment of small and medium-size banks, especially as regards external support by deposit guarantee schemes (DGS); stresses that the resolution framework and State aid rules should be consistent and allow for sufficient market discipline in order to protect taxpayers and erase implicit guarantees;
Amendment 266 #
2022/2061(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission to put forward an ambitious and comprehensive review of the crisis management and deposit insurance framework; recalls that protecting taxpayer money is one of the main objectives of the resolutioncrisis management framework;
Amendment 275 #
2022/2061(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Takes note ofWelcomes the appointment of a new SRB Chair and of a new Board member; points out the lack of gender balance within the Board and across the SRB’s management positions; urges the SRB to address this issue and ensure a more balanced representation of genders in its management positions;
Amendment 276 #
2022/2061(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22 a. Encourages the SRB to move towards a further operationalisation of transfer strategies in resolution, building on existing best practices, for instance in the US or in Member States outside the BU;
Amendment 294 #
2022/2061(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Acknowledges the progress made regarding the reduction of risks in the banking sector; calls for a risk sharing mechanism through an EDIS, provided that an asset quality review be conducted beforehand and in parallel with further progress on integration both in terms of LSIs supervision and of capital and liquidity waivers, while continuing the risk reduction trend;
Amendment 14 #
2022/2046(INI)
Motion for a resolution
Recital B
Recital B
B. whereas, since the adoption of the current multiannual financial framework (MFF) in December 2020, the political, economic and social context has changevolved beyond recognition, startincluding with the unprecedented scale and dramatic consequences of the continued COVID-19 pandemic, which is far fromnot over yet;
Amendment 22 #
2022/2046(INI)
Motion for a resolution
Recital D
Recital D
D. whereas citizens rightly expect thea bigger EU budget to respond effectively to evolving needs and to better support them in crises;
Amendment 29 #
2022/2046(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the combined effect of multiple crises and, low MFF ceilings and cumbersome rules applying to any MFF review or revision has given rise to a ‘galaxy’ of ad hoc instruments beyond the EU budget, as well as greater use of external assigned revenue not subject to the budgetary procedure, most notably in the case of NextGenerationEU; whereas, as one arm of the budgetary authority, Parliament should play a full role in this new budgetary environment in order to ensure democratic accountability and transparency;
Amendment 44 #
2022/2046(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Underlines the central role that the EU budget must plays in delivering on the Union’s political priorities, including making a success of the green and digital transitions, fostering an inclusive and social recovery, promoting growth, strategic autonomy and energy independence, providing support for small and medium-sized enterprises, fostering sustainable development that leaves no one behind and ensures cohesion and upward convergence, ensuring a more robust European Health Union in the aftermath of the COVID-19 crisis, promoting the rule of law, EU values and fundamental rights, contributing to greater opportunities for all, and ensuring a stronger Union for its people and in the world;
Amendment 58 #
2022/2046(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Asks therefore the Commission to consider putting forward a legislative proposal establishing a temporary instrument outside the MFF for the mutualisation of war-related costs ("Ukrainian crisis Adjustment Reserve"), that would be aimed to support the most affected Member States;
Amendment 68 #
2022/2046(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the decision to grant Ukraine and Moldova candidate country status and a membership perspective to Georgia; emphasises that this decision entails a long-term financial and budgetary commitment to supporting the necessary reforms specific to each country, as has been the case with other candidate countries, as well as to reconstruction and recovery;
Amendment 69 #
2022/2046(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Considers that the EU budget should play a role in the reconstruction and recovery of Ukraine once the war is over, along with contributions by Member States and other international partners and Russian war reparations;
Amendment 72 #
2022/2046(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Points out that essential new policy initiatives put forward since the adoption of the current MFF have come with proposals to shift money away from key EU policies and objectives that actually pay for the collateral damages of the recent crises; considers that recurrent redeployments are not a viable way to finance Union’s priorities;
Amendment 81 #
2022/2046(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Points to the extensive use made of the special instruments in the first two years of the MFF; notes that the Flexibility Instrument was mobilised for Heading 6 spending in 2022 and points to the proposal that it beCommission’s proposal in the Amending Letter 1/2023 that it will be significantly mobilised for spending under both Headings 62b, 5 and 76 in 2023; points out that, under the defence proposal of July 202218 , further appropriations are to be mobilised via special instruments in 2023 andalso in 2024; _________________ 18 Proposal of 19 July 2022 for a regulation on establishing the European defence industry Reinforcement through common Procurement Act (COM(2022)0349).
Amendment 83 #
2022/2046(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Highlights that the Solidarity and Emergency Aid Reserve (SEAR) was almost exhausted in 2021 and is projected to be fully exhausted in 2022 after having provided a combination of humanitarian aid and support to Member States for tackling natural and man-made disasters; points out that the extension of the scope of the European Union Solidarity Fund (EUSF) to include public health emergencies, coupled with the increased scale and frequency of natural disasters, the humanitarian crisis in Ukraine and the resulting arrival of large numbers of refugees in the EU, has placed the SEAR under extreme strain; expects, further, that the dramatic consequences of the unprecedented wildfires in the summer of 2022 will require significant financial support, including from the SEAR;
Amendment 87 #
2022/2046(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Emphasises, therefore, that the 2021-2027 MFF is already being pushed to its limits less than two years after its adoption, a situation aggravated by the unforeseeable events of 2022; points out that it is simply not equipped, in terms of size, structure or rules, to respond to a multitude of crises of this scale, nor to adequately finance new shared EU policy ambitions and the swift implementation of the requisite EU-wide solutions; is very concerned, in this regard, about the ability from the European Union to respond to any future unknown crises that might happen by 2027;
Amendment 94 #
2022/2046(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recalls that the MFF is increased annually on the basis of a 2 % deflator applied to 2018 prices; underlines that spiralling energy prices and extreme energy market volatility caused mainly by Russia’s decision to cut gas supply have been feeding soaring inflation, with severe impacts on citizens, businesses and consumers; is deeply concerned that such unexpectedly high levels of inflation are placing the MFF under severe strain and reducing its purchasing power further, in a context where its overall level is already lower than previous MFFs in terms of share of the EU GDP; stresses that, in practice, this means that fewer Union projects and actions can be funded, thereby negatively impacting beneficiaries;
Amendment 98 #
2022/2046(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recalls, further, that, despite Parliament’s demands that the European Union Recovery Instrument (EURI) be placed over and above the ceilings, the refinancing costs are repaid from within the MFF ceilings, exerting further pressure on the MFF, especially and requiring the use of special instruments in 2023, in a context of rising interest rates and increasing NGEU borrowing costs;
Amendment 99 #
2022/2046(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Observes the continuing demand for the EU budget to serve as a guarantee for additional necessary macro-financial assistance (MFA), especially for Ukraine; welcomes the EU support in this regard; notes, however, that the higher risks of default and the large amount at stake entail significant contingent liabilities;
Amendment 106 #
2022/2046(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Concludes that, in this context, the need for an urgent review and revision of the MFF is beyond any doubt and that a ‘business as usual’ approach will not remotely suffice to tackle the array of challenges posed and could thereby undermine confidence in the Union in the short, medium and long term;
Amendment 130 #
2022/2046(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Underlines that the unanimity requirement for adoption of the MFF Regulation impedes the necessary decisions in the revision process; calls, in that regard, on the European Council to activate the passerelle clause set out in Article 312(2) TFEU to allow for adoption of the MFF Regulation by qualified majority; recalls its proposals that the ordinary legislative procedure be applied for the adoption of the MFF Regulation;
Amendment 142 #
2022/2046(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Strongly supports the use of the Regulation on a general regime of conditionality for the protection of the EU budget (the Conditionality Regulation); believes that its entry into force had a general deterrent effect on nationals authorities planning to breach the rule of law with EU funds; regrets its long- overdue application by the Commission in case of Hungary; commits to do whatever it can to ensure the respect of the provisions of the Regulation and their effective implementation; emphasises the clear link between respect for the rule of law and the efficient implementation of the EU budget; notes that any upscaling of the 2021-2027 MFF should aim to reinforce the protection of the rule of law and EU’s financial interests; underlines that the Conditionality Regulation aims first and foremost at protecting the EU budget rather than the rule of law; asks the Commission to assess how the Regulation could be improved to allow the EU to suspend EU funds whenever there are breaches of the rule of law in Member States in order to ensure the full respect of Article 2 of the Treaty on the European Union;
Amendment 150 #
2022/2046(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Reaffirms its long-standing position that new political initiatives must be financed with additional fresh money and not to the detriment of well-established, pre-existing Union programmes or policies; strongly criticizes the systematic use of redeployments and the relabelling of existing programmes to finance new initiatives(“budgetwashing”);
Amendment 162 #
2022/2046(INI)
18. Highlights that many of the policy ambitions recently stated – notably in the fields of energy and strategic and industrial autonomy – and the new policy initiatives since January 2021 (Chips Act, Secure Connectivity, Health Emergency Preparedness and Response Authority) imply spending under Heading 1; opposes the use of agreed programme envelopes to finance new initiatives and believes that the margins are insufficient to accommodate the greater long-term needs; calls, therefore, for an increase in the ceiling of Heading 1;
Amendment 165 #
2022/2046(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Welcomes, in this regard, the announcement made by the Commission President in her State of the Union address on 14 September 2022, calling for the establishment of a European Sovereignty Fund; shares Commission’s concerns over the EU’s dependencies on non-EU countries, as it is the case for energy, critical industrial items, fertilisers, raw materials, chemicals and other key products for the European economy; commits to critically assess any proposal to make sure it responds to real needs and provides fresh means; calls in this regard for the establishment of a new dedicated Fund to secure the strategic autonomy of the Union by financing cross-border energy infrastructure, renewable energy production and energy efficiency, as well as supporting space, cybersecurity, key industrial sectors, the circular economy, food security, new partnerships, production of critical chemicals and raw materials; insists that any such new fund should be established according to the ordinary legislative procedure and function under the full oversight of the European Parliament and with direct management by the Commission; emphasises that its overall amount should be established on the basis of a clear assessment of the costs and investment gaps; asks all of it to be based on lessons learnt from NGEU and be presented with the upcoming MFF revision in 2023;
Amendment 170 #
2022/2046(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Regrets that, contrary to Parliament’s position, it was decidedcalls that the costs of EURI borrowing and the repayment of debt bare included as a budget line under Heading 2b, alongside flagship programmes such as Erasmus+, EU4Health, and Citizens, Equality, Rights and Values; stresses nevertheless that interest costs and debt repayment depend on market developments, are not discretionary spending, do not follow the logic of caps on spending and should never compete with programmes under the same ceiling; recalls that any activation of the Emergency Support Instrument also depends on the availability of an unallocated margin under the ceiling of this heading; reminds that this decision was taken for the 2021-2027 period only, without prejudice to future negotiations; insists, therefore, that the status quo presents significant risks to programme spending and that the repayment line be removed from Heading 2b and counted over and above the MFF ceilings;
Amendment 182 #
2022/2046(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Reiterates its position that the Social Climate Fund must be fully incorporated into the EU budget and within the MFF, without negatively impacting other programmes and funds under this heading, bearing in mind the importance of ensuring food security and delivering on the Green Deal; calls for the ceiling of Heading 3 to be adjusted accordingly; calls on the Council to move forward with the targeted MFF revision as soon as possible to integrate the Social Climate Fund into the MFF; reminds the other arm of the budgetary authority its obligation to respect budget unity;
Amendment 193 #
2022/2046(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Highlights that the necessary spending to enhance defence cooperation and investment cannot solely be covered within the ceiling of Heading 5; calls for the ceiling to be increased in line with needswelcomes the Commission’s upcoming proposal for a European defence investment programme (EDIP) in view of introducing joint procurement and life cycle management of military capabilities; calls for the ceiling to be increased in line with needs; considers, in this regard, that savings could be made thanks to a mutualisation of defence spending between the Member States at the EU level;
Amendment 198 #
2022/2046(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Deplores the fact that, even prior to the war against Ukraine, funds available under Heading 6 were woefully inadequate and that pressure has since increased substantially; underlines that the continued funding for the needs of refugees from Syria, Iraq and other countries was not factored into the MFF or NDICI-Global Europe negotiations and should therefore have been financed by fresh appropriations with a corresponding increase in the ceiling of Heading 6; highlights that, owing to the risk of default on MFA loans provided to Ukraine, a far higher rate of provisioning than the standard 9 % is likely to be required as further loans are rolled out, rather than redeployments; highlights that a far higher rate of provisioning than the standard 9 % is required for MFA loans provided to Ukraine as further loans are rolled out following the higher risk of default due to the war imposed by Russia; underlines that additional needs in Ukraine must not lead to money being diverted away from other geographic regions in need; insists, therefore, on an increase in the ceiling for Heading 6 to fully cover the current and projected future needs of the Union’s external action, which have dramatically increased both in neighbouring countries, especially in Ukraine, and worldwide as a result of the food, energy and economic crises;
Amendment 217 #
2022/2046(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Stresses that the MFF revision must not lead to any downwards revision of the pre-allocated national envelopes; emphasises the fact that the late agreement on the MFF for 2021-2027 and on the cohesion policy package, coupled with the COVID-19 crisis, led to a slow start to the programming process, but not because of the policy itself even though more administrative simplification is strongly needed; underlines that the delayed start does not in any way call into question the pivotal role and added value of cohesion policy as the essential Union investment policy and convergence instrument;
Amendment 222 #
2022/2046(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Recalls that payment appropriations flow directly from commitments and recalls, therefore, that any increase in the ceilings for commitments per heading will have to be accompanied by a correspondinglative increase in the ceiling for payments for the same or subsequent years;
Amendment 250 #
2022/2046(INI)
29. Stresses that, while crisis response measures are necessary and useful, cohesion policy is not a crisis response tool; is concerned that cohesion policy is increasingly being used to reinforce other policies and to make up for shortcomings in budgetary flexibility or crisis response mechanisms in the MFF; emphasises that cohesion policy is one of the priorities of the Union, has long-term investment objectives linked to the EU’s strategic agenda, in particular the European Green Deal and the Digital Agenda, and should not be used to replenish funding for other policies; calls, therefore, for cohesion funding levels to be preserved in the budget along with common agricultural policy;
Amendment 259 #
2022/2046(INI)
31. Considers that the special instruments are constrained both by scarcity of resources and rigidity of design, hampering their ability to serve as effective crisis response tools; stresses, therefore, that the revision is imperative in broadening the potential of the existing flexibility provisions; criticises in particular the Council’s decision, despite Parliament’s warnings, to mergeonsiders that the merging of the Emergency Aid Reserve (EAR) and the EUSF in the current MFF has led to shortcomings, while reducing the overall funding available;
Amendment 261 #
2022/2046(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Calls for annual appropriations for the Flexibility Instrument to be increased from EUR 915 million to EUR 2 billion; calls, in addition, for the SEAR to be split into two strands – the EAR and the EUSF – and for annual appropriations to be increased from EUR 1.2 billion for the SEAR overall to EUR 1 billion for each strand in 2018 prices; considers that this will provide vital additional resources to respond to current and emerging needs;
Amendment 272 #
2022/2046(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Insists that, beyond a reinforcement of the existing special instruments, it is necessary to establish a permanent fiscal capacity for the Euro Area and common crisis instrument as an additional permanent special instrument over and above the MFF ceilings so that the EU budget can better adapt and quickly react to crises and their social and economic effects;
Amendment 281 #
2022/2046(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Insists that decommitted appropriations should remain in the budge, fines not used for EU programmes top-ups in 2021-2027 and penalties should accrue to the crisis instrument so as to provide additional budgetary flexibility; underlines the need for corresponding changes to the Financial Regulation;
Amendment 286 #
2022/2046(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Underlines that many of the shortcomings and inadequacies in the current MFF are inherent in its logic and design, where predictability of spending drives decisions on structure and amounts and curbs flexibility; regrets the high tensions the MFF negotiations trigger due to its nature;
Amendment 290 #
2022/2046(INI)
Motion for a resolution
Paragraph 37 a (new)
Paragraph 37 a (new)
37 a. Regrets the decrease of the EU budget in terms of percentage to the EU GDP over the last decades; considers that capping the EU budget at roughly 1% of the EU GDP as a rule impedes the EU from fulfilling its increasing tasks; calls on the Member States to take decisions based on needs instead of dogmas;
Amendment 301 #
2022/2046(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Deplores, however, the repeated use of off-budget instruments, in particular under Article 122 TFEU, which runs counter to citizens’ interests, as this frustrates oversight, accountability and the transparency of public spending; considers, in that regard, than an annual plenary debate in Parliament on all EU finances, including off-budget instruments, will be an important step towards enhancing transparency and accountability;
Amendment 304 #
2022/2046(INI)
Motion for a resolution
Paragraph 40
Paragraph 40
40. Stresses, in this context, that the trend towards increased use of external assigned revenue is not a satisfactory solution as it weakens the role of the budgetary authority (Parliament and the Council), thereby negatively impacting democratic scrutiny and reducing the transparency of the EU’s finances; demands legally sound solutions that allow for targeted, one-off or needs-based top- ups that display the same advantages as earmarkxternal assigned revenue (i.e. not counted against the ceilings), but that are at the same time subject to full control of the budgetary authority; reminds its strong commitment to the universality principle;
Amendment 308 #
2022/2046(INI)
Motion for a resolution
Paragraph 42
Paragraph 42
42. Calls on the Commission, furthermore, to begin a longer-term reflection on the EU budget post-2027 in the light of evolving spending needs and building on the work of the Conference on the Future of Europe with respect to own resources and the budget; insists that the successor to the current MFF be equipped to deal fully and flexibly with a range of policy priorities and spending needs and to ensure resilience in the event of crises; asks the Commission to review the whole architecture of the MFF, including through an assessment of the suitability of a long-term programming framework for all EU programmes and of the duration of programming periods of seven years;
Amendment 177 #
2022/0272(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) Regulation (EU) 2019/881 establishes a voluntary European cybersecurity certification framework for ICT products, processes and services. European cybersecurity certification schemes can cover products with digital elements covered by this Regulationthus provide a common framework of trust for users to use ICT products by assessing their level of cybersecurity. This Regulation should consequently create synergies with Regulation (EU) 2019/881. Regulation (EU) 2019/881 should address products with critical cybersecurity aspects and this Regulation should be dedicated to minimising the risk of incidents and cyberattacks. In order to facilitate the assessment of conformity with the requirements laid down in this Regulation, products with digital elements that are certified or for which a statement of conformity has been issued under a cybersecurity scheme pursuant to Regulation (EU) 2019/881 and which has been identified by the Commission in an implementing act, shall be presumed to be in compliance with the essential requirements of this Regulation in so far as the cybersecurity certificate or statement of conformity or parts thereof cover those requirements. The need for new European cybersecurity certification schemes for products with digital elements should be assessed in the light of this Regulation. Such future European cybersecurity certification schemes covering products with digital elements should take into account the essential requirements as set out in this Regulation and facilitate compliance with this Regulation. The Commission should be empowered to specify, by means of implementing acts, the use of European cybersecurity certification schemes that can be usedfor critical products to demonstrate conformity with the essential requirements set out in this Regulation. Furthermore, in order to avoid undue administrative burden for manufacturers, wthere applicable, the Commission should specify if a cybersecurity certificate issued under such European cybersecurity certification schemes eliminates theshould be no obligation foron manufacturers to carry out a third-party conformity assessment as provided by this Regulation for corresponding requirements where a cybersecurity certificate has been issued under such European cybersecurity certification schemes, at a substantial or high level.
Amendment 203 #
2022/0272(COD)
Proposal for a regulation
Recital 70 a (new)
Recital 70 a (new)
(70a) This Regulation is without prejudice to the Member States’ prerogatives to take measures safeguarding national security, in compliance with Union law. Member States should be able to apply additional measures to products with digital elements that are used for military, defence or national security purposes.
Amendment 214 #
2022/0272(COD)
Proposal for a regulation
Article 2 – paragraph 5
Article 2 – paragraph 5
5. This Regulation does not apply to products with digital elements developed exclusively for public security, national security, defence or military purposes or to products specifically designed to process classified information.
Amendment 254 #
2022/0272(COD)
Proposal for a regulation
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
3a. This Regulation shall not prevent Member States from applying additional measures to products with digital elements provided that such measures are proportionate and aim to safeguard products, infrastructure or processed information and provided that those specific products are used for critical system functions or critical components deployed in sectors of high criticality as set out in Annex I to Directive (EU) 2022/2555.
Amendment 279 #
2022/0272(COD)
Proposal for a regulation
Article 10 – paragraph 6 – subparagraph 1
Article 10 – paragraph 6 – subparagraph 1
Amendment 282 #
2022/0272(COD)
Proposal for a regulation
Article 10 – paragraph 6 – subparagraph 1 a (new)
Article 10 – paragraph 6 – subparagraph 1 a (new)
Manufacturers shall determine the expected product lifetime referred to in the first subparagraph of this paragraph taking into account the time users reasonably expect to be able to use the product given functionality and intended purpose and therefore can expect to receive security updates.
Amendment 366 #
2022/0272(COD)
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
4. The Commission is empowered, by means of implementing acts, to specify the European cybersecurity certification schemes adopted pursuant to Regulation (EU) 2019/881 that cano be used to demonstrate conformity of critical products with digital elements with the essential requirements or parts thereof as set out in Annex I. Furthermore, where applicable, the Commission shall specify ithe issuance of a cybersecurity certificate issued under such schemes, at substantial or high level, eliminates the obligation of a manufacturer to carry out a third-party conformity assessment for the corresponding requirements, as set out in Article 24(2)(a), (b), (3)(a) and (b). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 51(2).
Amendment 45 #
2022/0212(BUD)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Calls for the European Financial Reporting Advisory Group (EFRAG) to receive sufficient public funding to ensure its independence, in particular to develop high-quality sustainability reporting standards that contribute to the European public good and meet the needs of Union undertakings;
Amendment 37 #
2022/0164(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The Versailles Declaration of 10-11 March 2022 of the Heads of States and Governments invited the Commission to propose by the end of May a REPowerEU plan to phase out the dependency on Russian fossil fuel imports, which was subsequently reiterated in the European Council Conclusions of 24-25 March 2022. This should be done well before 2030 in a way that is consistent with the EU’s Green Deal and the climate objectives for 2030 and 2050 enshrined in the European Climate Law. Regulation (EU) 2021/241 should therefore be amended to enhance its ability to support reforms and investments dedicated to diversifying energy supplies, in particular fossil fuels, nuclear and LNG, thereby strengthening the strategic autonomy of the Union alongside an open economy. Support should also be given to reforms and investments increasing the energy efficiency of the Member States’ economies and increasing the use of renewable energy, including hydrogen. Furthermore, in its Versailles Declaration of 10-11 March 2022, the European Council called for reducing EU strategic dependencies and invited, inter alia, the Commission to present options to address rising food prices and the issue of global food security as soon as possible.
Amendment 55 #
2022/0164(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The REPowerEU chapter should include new reforms and investments contributing to the REPowerEU aims and tackle, in a comprehensive manner, the crisis effects determined by the Russian military aggression against Ukraine. Furthermore, that chapter should contain an outline of other measures, financed from sources other than the Recovery and Resilience Facility, contributing to the energy-related objectives outlined in recital (3). The outline should cover measures whose implementation should take place between 1 February 2022 to 31 December 2026, the period during which the objectives set by this Regulation are to be achieved. As regards natural gas infrastructure, the investments and reforms of the REPowerEU chapters to diversify supply away from Russia should build on the needs currently identified through the assessment conducted and agreed by the European Network of Transmission System Operators for Gas (ENTSOG), established in the spirit of solidarity as regards security of supply and take into account the reinforced preparedness measures taken to adapt to new geopolitical threats. Finally, the REPowerEU chapters should provide an explanation and a quantification of the effects of the combination of the reforms and investments financed by the Recovery and Resilience Facility and the other measures financed by other sources than the Recovery and Resilience Facility.
Amendment 60 #
2022/0164(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6 a) In order to provide adequate and rapid response, Member States are encouraged to use all available funds to provide immediate and temporary support to SMEs and households for micro investments in energy efficiency improvements and in renewable energy self-generation, via vouchers or tax credits.
Amendment 64 #
2022/0164(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8 a) In light of the current energy crisis, where high energy prices are aggravating the impact of the COVID-19 crisis, by further increasing the financial burden of consumers, in particular for households with low income or vulnerable companies, the REPowerEU chapters should include measures to help structurally address situations of energy poverty, through long-lasting investments and reforms. Such reforms and investments should provide a higher level of financial support in energy efficiency schemes, clean energy policies and schemes to reduce energy demand for those households and companies facing severe difficulties due to high energy bills. Energy demand-reduction measures taken by Member States should take into account the principles set by the Council Regulations on energy demand-reduction measures.
Amendment 76 #
2022/0164(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12 a) Member States are encouraged to complement and accompany the measures in the REPowerEU chapter with additional measures in line with the objectives of the chapter; in order to achieve them, Member States are encouraged to use additional Union funding, in particular the Innovation Fund, the Modernisation Fund, InvestEU and all remaining funds under the 2014- 2020 programming period; information on existing or planned Union financing should be included in the chapter.
Amendment 128 #
2022/0164(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 2021/241
Article 4 – paragraph 1
Article 4 – paragraph 1
1. In line with the six pillars referred in Article 3 of this Regulation, the coherence and synergies they generate, and in the context of the COVID-19 crisis, the general objective of the Facility shall be to promote the Union’s economic, social and territorial cohesion by improving the resilience, crisis preparedness, adjustment capacity and growth potential of the Member States, by mitigating the social and economic impact of that crisis, in particular on women, by contributing to the implementation of the European Pillar of Social Rights, by supporting the green transition, by contributing to the achievement of the Union’s 2030 climate targets set out in point (11) of Article 2 of Regulation (EU) 2018/1999,and by complying with the objective of EU climate neutrality by 2050 and of the digital transition, by increasing the resilience of the Union energy system through a decrease of dependence on fossil fuels and an increase of the use of renewable energy, an increase of energy efficiency and diversification of energy supplies at Union level (‘REPowerEU objectives’) thereby contributing to the upward economic and social convergence, restoring and promoting sustainable growth and the integration of the economies of the Union, fostering high quality employment creation, and contributing to the strategic autonomy of the Union alongside an open economy and generating European added value.
Amendment 168 #
2022/0164(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 a (new)
Article 1 – paragraph 1 – point 4 a (new)
Regulation (EU) 2021/241
Article 22 – paragraph 2 – point d
Article 22 – paragraph 2 – point d
(4 a) In Article 22, paragraph 2, point (d), is amended as follows: (d) for the purpose of audit and control and to provide for comparable information on the use of funds in relation to measures for the implementation of reforms and investment projects under the recovery and resilience plan, to collect, in and ensure access tolectronic format into a single database, the following standardised categories of data:
Amendment 169 #
2022/0164(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 b (new)
Article 1 – paragraph 1 – point 4 b (new)
Regulation (EU) 2021/241
Article 22 – paragraph 4
Article 22 – paragraph 4
(4 b) In Article 22, paragraph 4 is replaced by: 4. The Commission shall make available to the Member States an integrated and interoperable information and monitoring system including a single data-mining and risk-scoring tool to access and analyse the relevant data, with a view to a generalised application by Member States of that system including with support of the Technical Support Instrumentas referred to in paragraph 3 (d).
Amendment 171 #
2022/0164(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 a (new)
Article 1 – paragraph 1 – point 5 a (new)
Regulation (EU) 2021/241
Article 31 – point 4 a (new)
Article 31 – point 4 a (new)
(5 a) In Article 31, the following paragraph is inserted: 4 a. The Commission shall also provide in the annual report a set of recommendations for each Member State to accelerate the investments included in the respective recovery and resilience plans, after assessing the data available on final beneficiaries, and referring to best practices from other Member States.
Amendment 210 #
2022/0164(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2021/241
Article 21b – paragraph 2
Article 21b – paragraph 2
(2) Payments shall be made in accordance with Article 24 of this Regulation and subject to available funding. Payments of financial contributions stemming from the resources allocated according to Article 21a shall be made by 21 December 2027.
Amendment 230 #
2022/0164(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2021/241
Article 21c – paragraph 1 – point b a (new)
Article 21c – paragraph 1 – point b a (new)
(b a) providing immediate and temporary support to households and SMEs for micro investments in energy efficiency improvements and in renewable energy self-generation, via vouchers or tax credits.
Amendment 240 #
2022/0164(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2021/241
Article 21c – paragraph 1 – point da (new)
Article 21c – paragraph 1 – point da (new)
(d a) addressing energy poverty and incentivising reduction of energy demand.
Amendment 253 #
2022/0164(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2021/241
Article 21c – paragraph 2 – point c a (new)
Article 21c – paragraph 2 – point c a (new)
(c a) information on existing or planned Union financing on complementary or accompanying measures in line with the objectives of this chapter;
Amendment 275 #
2022/0164(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2021/241
Article 21d – paragraph 2 a (new)
Article 21d – paragraph 2 a (new)
(2 a) The Commission shall also provide in the REPowerEU chapter of the annual report mentioned in paragraph (2) a set of recommendations for each Member State to accelerate the investments committed in their national recovery and resilience plans, after assessing the data available on final beneficiaries, and referring to best practices from other Member States.
Amendment 279 #
2022/0164(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2021/241
Article 21d – paragraph 2b (new)
Article 21d – paragraph 2b (new)
(2 b) The Commission shall make use of the data collected in accordance with Article 22 paragraph 2, in particular in order to provide comparable information on the use of funds in relation to measures for the implementation of reforms and investment projects under the REPowerEU chapter.
Amendment 285 #
2022/0164(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
Directive 2003/87/EC
Article 10e – paragraph 1
Article 10e – paragraph 1
(1) For the period until 31 December 2026, the allowances released pursuant to Article 1(6) of Decision (EU) 2015/1814an amount of allowances from the total quantity of allowances shall be auctioned until the amount of revenue obtained from such auctioning has reached EUR 20 billion. This revenue shall be made available to the Recovery and Resilience Facility established by Regulation (EU) 2021/241 and shall be implemented in accordance with the provisions of that Regulation. These allowances shall be taken in equal shares from the quantity to be auctioned in accordance with the second subparagraph of Article 10 and the quantity that would otherwise be allocated free of charge.
Amendment 290 #
2022/0164(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Decision (EU) 2015/1814
Article 1
Article 1
Amendment 25 #
2022/0162(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The budget shall be established and implemented in accordance with the principles of unity, budgetary accuracy, annuality, equilibrium, unit of account, universality, specification, sound financial management, respect for rule of law and fundamental rights and transparency as set out in this Regulation.
Amendment 33 #
2022/0162(COD)
Proposal for a regulation
Article 56 a (new)
Article 56 a (new)
Article 56 a Budget implementation in accordance with the principle of respect for rule of law and fundamental rights 1. The Commission shall implement the revenue and expenditure of the budget in accordance with the principle of respect for rule of law and fundamental rights, which is an essential precondition for sound financial management and effective EU funding. 2. The Commission shall implement the revenue and expenditure of the budget in accordance with Regulation (EU, Euratom) 2020/2092 and ensure the full compliance with Article 2 TEU. 3. The Member States shall cooperate with the Commission so that the appropriations are used in accordance with the principle of respect for rule of law and fundamental rights.
Amendment 31 #
2022/0066(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Violence against women and domestic violence can be exacerbated where it intersects with discrimination based on sexgender and other grounds of discrimination prohibited by Union law, namely nationality, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation. Member States should therefore pay due regard to victims affected by such intersectional discrimination, through providing specific measures where intersecting forms of discrimination are present. In particular, lesbian, bisexual, trans, non-binary, intersex and queer (LBTIQ) women, women with disabilities and women with a minority racial or ethnic background are at a heightened risk of experiencing gender- based violence.
Amendment 39 #
2022/0066(COD)
Proposal for a directive
Recital 60
Recital 60
(60) In order to ensure victims of violence against women and domesticgender-based violence, domestic violence and cyber violence are identified and receive appropriate support, Member States should ensure that professionals likely to come into contact with victims receive, including law enforcement authorities, receive mandatory training and targeted information. Trainings should cover the dynamics and impact of sexual assault victimization, the risk and prevention of intimidation, repeat and secondary victimisation and the availability of protection and support measures for victims and how to assess the risk of their situation. Trainings should also cover how to properly interview and assist a victim who wishes to lodge a complaint. To prevent and appropriately address instances of sexual harassment at work, persons with supervisory functions should also receive training. These trainings should also cover assessments regarding sexual harassment at work and associated psychosocial safety and health risks as referred to under Directive 89/391/EEC of the European Parliament and of the Council45 . Training activities should also cover the risk of third party violence. Third party violence refers to violence which staff may suffer at the workplace, not at the hands of a co-worker, and includes cases, such as nurses sexually harassed by a patient. _________________ 45 Council Directive 89/391/EEC of the European Parliament and of the Council of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (OJ L 183, 29.6.1989, p. 1).
Amendment 40 #
2022/0066(COD)
Proposal for a directive
Recital 61
Recital 61
(61) In order to counteract underreporting, Member States should also liaise with law enforcement authorities in the development of trainings in particular regarding harmful gender stereotypes, but also in the prevention of offences, given their typical close contact with groups at risk of violence and victims. Mandatory trainings of law enforcement authorities on how to receive a victim of gender- based violence, domestic violence or cyberviolence is essential to properly assist the filing of a complaint by the victim and to properly assess the risk of her situation.
Amendment 46 #
2022/0066(COD)
Proposal for a directive
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
This Directive lays down rules to prevent and combat violence against women and domestic gender-based violence, domestic violence and cyberviolence. It establishes minimum rules concerning:
Amendment 47 #
2022/0066(COD)
Proposal for a directive
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) the rights of victims of all forms of violence against women or domestic gender-based violence, domestic violence or cyberviolence before, during or after criminal proceedings;
Amendment 57 #
2022/0066(COD)
Proposal for a directive
Article 27 – paragraph 6 a (new)
Article 27 – paragraph 6 a (new)
6 a. Member States shall ensure a minimum of one rape crisis or sexual violence referral centre per 200 000 women. The geographical distribution of these centres shall also be taken into account so as not to leave any isolated area.
Amendment 68 #
2022/0066(COD)
Proposal for a directive
Article 37 – paragraph 1 a (new)
Article 37 – paragraph 1 a (new)
1 a. The appropriate training for law enforcement authorities handling victim's judicial complaint is especially crucial in the context of the fight against gender- based violence, domestic violence and cyberviolence, considering they may be the first authorities to whom the victim is reaching out in the judicial proceedings.
Amendment 73 #
2022/0066(COD)
Proposal for a directive
Article 43 – paragraph 1 – point b
Article 43 – paragraph 1 – point b
(b) exchanging information and best practices with relevant Union agencies; in particular with the European Institute for Gender Equality and Europol cybercrime center to provide help Member States;
Amendment 76 #
2022/0066(COD)
Proposal for a directive
Article 44 – paragraph 7 a (new)
Article 44 – paragraph 7 a (new)
7 a. Article 44a new - Financing and monitoring of the measures and objectives laid down in this Directive
Amendment 77 #
2022/0066(COD)
Proposal for a directive
Article 44 – paragraph 7 b (new)
Article 44 – paragraph 7 b (new)
7 b. The relevant agencies, in particular the European Institute for Gender Equality and Europol, shall be provided with the necessary human and financial resources to fulfil the objectives, tasks and responsibilities assigned to it under this directive financed by a contribution from the general budget of the Union, with the necessary appropriations drawn exclusively from unallocated margins under the relevant heading of the multiannual financial framework and/or through the mobilisation of the relevant special instruments, meaning that their support should not come at the expense of existing budget lines and Union programmes.
Amendment 78 #
2022/0066(COD)
Proposal for a directive
Article 44 – paragraph 7 c (new)
Article 44 – paragraph 7 c (new)
7 c. Member States shall ensure that sufficient public funding is provided for the measures adopted in order for them to be effectively implemented.
Amendment 1468 #
2022/0051(COD)
Proposal for a directive
Article 21 a (new)
Article 21 a (new)
Article 21a Revenues The revenues generated by the application of pecuniary sanctions referred to in Article 20(3) shall be accrued against the costs of the operation and maintenance of national supervisory authorities. Any revenue remaining after covering these costs shall constitute internal assigned revenue in accordance with Article 21(5) of Regulation (EU, Euratom) No 2018/1046 of the European Parliament and of the Council. Those remaining revenues shall be assigned to cover the costs of the operation and maintenance of the European Network of Supervisory Authorities and to the Union budget.
Amendment 128 #
2022/0047(COD)
Proposal for a regulation
Recital 14
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. Information derived or inferred from this data, where lawfully held, should not be considered within the scope of this Regulation. Products design-related data, meaning data related to the internal functioning and design of the product can expose EU companies' core know-how and therefore the EU strategic, technological and competitiveness interests. Such data should therefore be excluded from the scope of the Regulation.
Amendment 150 #
2022/0047(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Data generated by the use of a product or related service include data recorded intentionally by the user. Such data include also data generated as a by- product of the user’s action, such as diagnostics data, and without any action by the user, such as when the product is in ‘standby mode’, and data recorded during periods when the product is switched off. Such data should include data in the form and format in which they are generated by the product, but not pertain to data resulting from any software process that calculates derivative data from such data as such software process may be subject to intellectual property rights. Functional system data, meaning data related to the internal functioning of the product, in particular regarding interfaces between components, do not present any interest for users but can expose EU companies' know-how and and therefore the EU strategic, technological and competitiveness interests. Such data should therefore be excluded from the scope of this Regulation.
Amendment 387 #
2022/0047(COD)
Proposal for a regulation
Article 1 – paragraph 4 a (new)
Article 1 – paragraph 4 a (new)
4 a. This Regulation shall not affect product design-related data. Accordingly, inferred data or derived data resulting from any software process that calculates derivative data from such data, as well as functional system data, should not be considered within the scope of this Regulation.
Amendment 396 #
2022/0047(COD)
Proposal for a regulation
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1a. 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 designated as a gatekeeper,pursuant to Article 3 of (EU)2022/1925 on an entreprise shall not be binding on the latter enterprise if it is established as unfair under Article 13, paragraph 3 of this Regulation.
Amendment 467 #
2022/0047(COD)
Proposal for a regulation
Article 23 – paragraph 1 – introductory part
Article 23 – paragraph 1 – introductory part
1. Providers of a data processing service shall take the measures provided for in Articles 24, 25 and 26 to ensure that customers of their service can switch to another data processing service, covering the same service type, which is provided by a different service provider, or use multiple providers at the same time. In particular, providers of data processing service shall remove pre-commercial, commercial, technical, contractual and organisational obstacles, which inhibit customers from:
Amendment 483 #
2022/0047(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point c
Article 23 – paragraph 1 – point c
(c) porting its data, applications and other digital assets to another provider of data processing servicescloud computing services, including after having benefited from a free-tier offering;
Amendment 491 #
2022/0047(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Paragraph 1 shall only apply to obstacles that are related to the services, contractual agreements, pre-commercial or commercial practices provided by the original provider.
Amendment 558 #
2022/0047(COD)
Proposal for a regulation
Article 25 – paragraph 1 a (new)
Article 25 – paragraph 1 a (new)
1 a. From [date X, the date of entry into force of this Regulation] onwards, providers of cloud computing services shall not impose any egress fees, or data transfer costs for the switching process or when a customer is using several providers simultaneously.
Amendment 606 #
2022/0047(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Upon request by a user, or by a party acting on behalf of a user, the data holder shall make available the data generated by the use of a connected product or related service to a third party, without undue delay, free of charge to the user, of the same quality as is available to the data holder and, where applicain accordance with Articles 8 and 9, provided that the third party and its ultimate parent have their registered seat in the European Union, without undue delay, free of charge to the user, of the same quality as is available to the data holder easily, securely, in a structured, commonly used and machine readable format and, where technically feasible, continuously and in real-time.
Amendment 660 #
2022/0047(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) make the data available it receives to another third party, in raw, aggregated or derived form, unless this is necessary to provide the service requested by the user;
Amendment 662 #
2022/0047(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point c – point 1 (new)
Article 6 – paragraph 2 – point c – point 1 (new)
1) this is necessary to provide the service requested by the user; and
Amendment 663 #
2022/0047(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point c – point 2 (new)
Article 6 – paragraph 2 – point c – point 2 (new)
2) the third party and its ultimate parent have their registered seat in the European Union.
Amendment 5 #
2021/2251(INI)
Motion for a resolution
Citation 23 a (new)
Citation 23 a (new)
Amendment 9 #
2021/2251(INI)
Motion for a resolution
Recital A (new)
Recital A (new)
A. whereas Russia’s aggression in Ukraine on February 24 2022 has led the European Union to impose unprecedented economic sanctions; whereas the conflict generated by Russia has led a high number of Ukrainian citizens to leave Ukraine and to travel and settle in the EU; whereas the military invasion will generate economic and social consequences on the European continent, in particular on Eastern Europe countries;
Amendment 12 #
2021/2251(INI)
Motion for a resolution
Recital B (new)
Recital B (new)
Amendment 15 #
2021/2251(INI)
Motion for a resolution
Recital C (new)
Recital C (new)
Amendment 18 #
2021/2251(INI)
Motion for a resolution
Recital D (new)
Recital D (new)
Amendment 63 #
2021/2251(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes that, according to the Commission, the real GDP of the EU-27 could be around 1.5 % higher in 2024 than without NGEU investments19 , when implemented effectively; notes, furthermore, that the Commission forecasts that RRF grants will fund 24 % of total recovery support measures in 2022; highlights that Russia’s aggression in Ukraine will have economic and social consequences over the continent, particularly in Eastern Europe, that might influence the forecasts; __________________ 19 European Commission discussion paper 144, Quantifying Spillovers of Next Generation EU Investment, July 2021. https://ec.europa.eu/info/sites/default/files/ economy-finance/dp144_en.pdf
Amendment 70 #
2021/2251(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Reiterates the importance of the successful implementation by the Member States of national recovery and resilience plans (NRRPs) in order to ensure a long- term impact on the EU economy and society; recalls that the RRF is a performance-based mechanism, whereby funding is disbursed upon completion of milestones and targets related to measures; urges the Commission to use all lessons learned from the creation and implementation of the RRF to shape the new EU economic governance framework;
Amendment 122 #
2021/2251(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Reminds all Member States and the Commission that the current war in Ukraine poses a serious threat to the EU recovery and resilience strategy; urges the European Commission to explore ways in which unused loans could be requested to tackle the economic, social and energy consequences following Russia’s aggression in Ukraine on February 24 2022;
Amendment 131 #
2021/2251(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Tasks the Commission with analysing the reasons why the Member States have not requested loans to the full extent of their allocation; calls on the Commission, where relevant, to come forward with targeted measures to incentive the optimal use of the resources available under the RRF, taking into account the new financial needs caused by the Russian invasion of Ukraine and the side-effects of sanctions on Russia;
Amendment 143 #
2021/2251(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10 b. Recalls that, under Article 21 of the Recovery and Resilience Facility, objective circumstances allow a Member State to make a reasoned request to the Commission to make a proposal to amend or replace the approved plan; recalls that objective circumstances do not include political developments in Member States and insists that the Commission should apply a strict definition of the objective circumstances that justify such an amendment;
Amendment 154 #
2021/2251(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Looks forward to more granular and disaggregated data allowing for a better understanding of the additionality impacts of the RRF; urges the Member States to provide detailed, transparent and timely information information to the Commission in order to ensure effective reporting of the impact of the RRF;
Amendment 214 #
2021/2251(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Notes that all approved NRRPs expect to achieve the digital target of at least 20 % set out in the RRF Regulation and that the overall digital expenditure of all approved NRRPs reaches almost 29 % or EUR 130 billion; notes that countries have taken different approaches to supporting SMEs and highlights different initiatives such as measures for tax relief, voucher schemes and R&D incentives, digitalisation and aggregators for available technologies and services to SMEs, or speeding of fund distribution to companies;
Amendment 217 #
2021/2251(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Underlines the importance that the NRRPs dedicate almost 50 % of total expenditure or EUR 203 billion to measures to benefit the well-functioning of the single market, improving the business environment and promoting private investments; calls on the Member States to lift all unnecessary obstacles that would prevent SMEs from accessing the relevant RRF funding; asks Member States to implement the NRRPS according to a transparent schedule to allow the private sector to plan their activities and projects according to the relevant reforms and funding;
Amendment 238 #
2021/2251(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Notes that approved NRRPs envisage expenditure on healthcare-related measures of EUR 37 billion, which corresponds to 8 % of total NRRP expenditure; expects these healthcare- related measures to contribute to increasing the resilience of healthcare systems and their preparedness for future crises; is concerned that many Member States did not include sufficient measures to make mental health care accessible and affordable for all age groups, especially in early ages and highlights that mental health should represent an integral part of the EU’s socio-economic recovery from the pandemic and an occupational health priority, in particular in educational and workplace environments;
Amendment 242 #
2021/2251(INI)
Motion for a resolution
Paragraph 24 b (new)
Paragraph 24 b (new)
24 b. Highlights that the pandemic led the Union to prioritize reforms and investments to improve the resilience of public institutions to shocks; stresses that plans also aim to increase the capacity of public administrations to manage European funds effectively at national, regional and local levels; regrets that progress in this area is too slow, especially at regional and local levels, risking the effective and timely use of the funds assigned to each Member State in the context of the RRF;
Amendment 252 #
2021/2251(INI)
Motion for a resolution
Paragraph 25 c (new)
Paragraph 25 c (new)
25 c. Notes that in total so far, Member States have put forward 228 measures with a focus on supporting children and youth; notes that 74% of the measures focus on general, vocational and higher education and training capacity, as well as accessibility; affordability, quality and inclusiveness; including digitisation and infrastructure; further notes that 14% of the measures are dealing with early childhood education and care, early school leaving and child poverty; notes that 12% of the measures focus on tackling youth unemployment through job creation, hiring, job transition incentives and support for self-employment;
Amendment 285 #
2021/2251(INI)
Motion for a resolution
Paragraph 29 d (new)
Paragraph 29 d (new)
29 d. Recalls that the EU objective to have 5G connectivity in all populated areas of the EU by 2030 is of utmost importance but at the same time particularly challenging to achieve; recalls that scattered and inconsistent approaches between Member States risk countries being left behind and the digital gap between them being exacerbated; notes that several RRPs contain investment proposals in 5G connectivity and recalls that Member States should complement these investments with measures for mobile broadband and infrastructure expansion;
Amendment 286 #
2021/2251(INI)
Motion for a resolution
Paragraph 29 e (new)
Paragraph 29 e (new)
29 e. Highlights that synergies between RRF and other Union funding programmes are essential in order to ensure a proper recovery and consolidated resilience of the Union; regrets that some Member States have postponed the presentation of their Operational Programmes for the implementation of the EU structural funds for the period 2021-2027; calls on the Commission to assess the causes of these delays and to address them;
Amendment 287 #
2021/2251(INI)
Motion for a resolution
Paragraph 29 f (new)
Paragraph 29 f (new)
29 f. Underlines the need for complementarity with other EU sources of finance to ensure synergies in EU spending efforts, in particular with cohesion policy funds which cover similar objectives to the RRF but with a focus on more long-term structural actions; calls on Member States and cohesion managing authorities to ensure that the Partnership Agreements are linked to and in complementarity with the RRPs.
Amendment 290 #
2021/2251(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Notes the Commission assessment that all NRRPs address at least a significant subset of challenges identified in the relevant European Semester recommendations but that not all challenges are addressed, such as sustainability of public finances, tax evasion, tax administration and tax avoidance ensuring stability on the housing market and tackling homelessness, equal access to childcare, structural policies that consolidate competition, public administration red tape and malfunctions of state-owned enterprises, ensuring access to independent civil justice and tackling shadow economy and corruption;
Amendment 315 #
2021/2251(INI)
Motion for a resolution
Paragraph 32 d (new)
Paragraph 32 d (new)
32 d. Urges the Commission to ensure that the evaluation of the milestones and targets achieved by the Member States as part of their NRRP will be based on rigurous quantitative and qualitative assessment; is concerned that a simple quantitative evaluation of the milestones and targets achieved would lead to a box ticking dynamic in Member States, which would then miss a historical opportunity for long-term structural reforms;
Amendment 316 #
2021/2251(INI)
Motion for a resolution
Paragraph 32 e (new)
Paragraph 32 e (new)
32 e. Urges Member States to publish periodically up-to-date data on the funds transfered to final recipients, thereby enabling the accurate monitoring of the NRRP implementation;
Amendment 358 #
2021/2251(INI)
Motion for a resolution
Paragraph 34 e (new)
Paragraph 34 e (new)
34 e. Encourages the Commission to explore ways to include local and regional governments, as well as civil society organisations in the monitoring of the RRF implementation;
Amendment 373 #
2021/2251(INI)
Motion for a resolution
Paragraph 36 a (new)
Paragraph 36 a (new)
36 a. Calls on the Commission to explore and present different scenarios on how to use the RRF experience to improve the EU economic governance framework; emphasises that, in order to ensure proper democratic legitimacy, such framework needs to overcome shortcomings in parliamentary accountability and lack of democratic oversight;
Amendment 375 #
2021/2251(INI)
Motion for a resolution
Paragraph 36 b (new)
Paragraph 36 b (new)
36 b. Highlights that the revision of EU economic governance framework will be the opportunity to draw lessons from successes but also failures of the RFF; encourages the Commission to properly think about involvement of local and regional authorities and civil society organisations in any future economic coordination mechanism that will guide investments in EU Member States;
Amendment 12 #
2021/2162(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas the Commission acknowledged1a the need to reflect on amendments to the Financial Regulation that prevent selecting bidders that can be in a situation of conflict of interests and to improve implementation guidelines (Vademecum on public procurement) on the application of the notion of conflicting professional interests; _________________ 1a Case 853/2020/KR
Amendment 17 #
2021/2162(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Believes that the revision should seek to modernise the rules applicable to the EU budget in line with its latest evolutions and in line with the budgetary principles, and to strengthen public procurement rules avoiding any potential conflict of interests, including professional conflict of interests, whether immediately apparent or not and to increase parliamentary oversight, democratic accountability and the ability to respond to citizens’ needs;
Amendment 28 #
2021/2162(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Is of the opinion that, while a global overhaul of the rules applicable to the budget is not needed at this time, the Financial Regulation must be subject to targeted improvements and simplifications, in particular where they increase rule of law, transparency and democratic scrutiny;
Amendment 32 #
2021/2162(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes that the number and scope of off-budget instruments have grown significantly in the past decade, and that NGEU has taken this practice to the next level, by greatly, if temporarily,Welcomes that NGEU has greatly increasinged the magnitude of the EU budget allowing the form of external assigned revenue, andUnion to face one of its greatest challenges of its existence; notes that it has creatinged liabilities until 2058 through borrowing for lending and borrowing for direct EU expenditure; warns that these developments put at risk central budgetary principles such as unity and budgetary accuracy, equilibrium and universality;
Amendment 42 #
2021/2162(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Is concerned that these mechanisms pose a serious challenge toNotes that the number and scope of off-budget instruments have grown significantly in the past decade; Believes that off-budget instruments funded by external assigned revenues limit the ability of the Parliament to fulfil its decision-making, scrutiny and discharge functions; strongly believes that EU financial rules must be updated as regards the role of the budgetary authority in relation to these mechanisms, in order to bring them closer to the principles and responsibilities set out in the Treaties;
Amendment 71 #
2021/2162(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Reiterates that ensuring the respect of all the values enshrined in article 2 of the TEU is a form of ensuring the protection of the EU budget and of the EU’s financial interests; highlights that Regulation 2021/1060 (CPR) equipped the Commission with strong ex-ante control mechanisms to ensure that managing authorities are in full compliance with the respect of EU values, in particular the non-discrimination principle; believes, however, that there is still a strong risk that final beneficiaries of EU funds use them in a way that is not compliant with EU values throughout their execution; calls therefore on the Commission to include in the Financial Regulation provisions setting out ex-post control mechanisms and procedures ensuring that every euro of the EU budget is used for projects or organisations that respect EU values, in addition to existing mechanisms; believes that a mandatory single, inter-operable and transparent database of direct and ultimate beneficiaries of EU funds would facilitate the detection of such breaches of EU values;
Amendment 72 #
2021/2162(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Underlines the limited capacity of the Union to sanction breaches of the rule of law by EU Member States; considers that the Union should further strengthen its tools for the protection of the rule of law; believes government entities breaching rule of law principles pose a serious threat to public funds (national and European) as those authorities cannot be fully trusted for their management; calls therefore on the Commission to include in its proposal for a revision of the Financial Regulation new provisions allowing the Commission to suspend or reduce EU funds for EU Member States that do no respect the rule of law, including when no EU funds are directly put at risk, when it implements the Union budget under shared, direct or indirect management;
Amendment 128 #
2021/2162(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Notes that the Commission’s Vademecum on public procurement was last updated in January 2020; notes that the current definition of ‘professional conflict of interest’ is limited to a conflicting interest that affects the capacity of an economic operator to perform a contract; calls on the Commission to provide for a more explicit definition and to ensure that its implementation rules on public procurement do not permit the awarding of policy-related service contracts to undertakings that are under the economic control of a parent company or a group that owns shares related to activities that are not in line with the EU’s environmental, social and Green Deal objectives; believes that such a revised definition should take into account the risk of conflict of interests of a performer that is developing sectoral guidelines it will have to comply with, with particular scrutiny when it comes to policy-related projects and studies;
Amendment 130 #
2021/2162(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Notes that the Commission’s Vademecum on public procurement was last updated in January 2020; notes that the current definition of ‘professional conflict of interest’ is limited to a conflicting inter but has not been made public nor shared with the European Parliament for opinion; requests that affects the capacity of an economic operatorthe Parliament should be able to perform a contract; calls on the Commission to provide for a more explicit definition and to ensure that its implementation rules on public procurement do not permit the awarding of policy-related service contracts to undertakings that are under the economic control of a parent company or a group that owns shares related to activities that are not in line with the EU’s environmental, social and Green Deal objectiveulate an opinion on future revision of the Commission’s Vademecum on public procurement; calls on the Commission to share regular updates with the Parliament’s relevant committees on the revision of its Vademecum before it is finalised either through the discharge procedure of the European Commission or during dedicated hearings;
Amendment 133 #
2021/2162(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Asks the Commission to amend Article 167 – c) of the Financial Regulation to include professional conflict of interests, that is based on a revised definition, to the list of criteria for awarding policy-related service contracts;
Amendment 134 #
2021/2162(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17 b. Stresses that the General Conditions of the Commission’s public procurement contracts for services contain standard provisions on professional conflicting interests with requirements from contractors to proactively notify situations that could constitute a conflict of interests; asks the Commission to perform additional checks and thorough verifications before the signature of the contract, in order to avoid relying on voluntary notifications only from the applicants and to better assess possible professional conflict of interests; calls on the Commission to develop adequate sanctions, such as a temporary ban from public tender procedures, for economic operators that would be found in a situation of professional conflict of interests;
Amendment 5 #
2021/2076(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas, under the Own Resources Decision, the Commission is to regularly and comprehensively inform the Parliament and Council about all aspects of its debt management strategy, including an issuance calendar with expected issuance dates and volumes for the forthcoming year, and a plan setting out the expected principal and interest payments;
Amendment 7 #
2021/2076(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
C b. whereas the total amount programmed for the European Union Recovery Instrument, payment of periodic coupon and redemption at maturity (EURI repayment costs) is set at EUR 14,7 billion over the period 2021-2027;
Amendment 8 #
2021/2076(INI)
Motion for a resolution
Subheading 1
Subheading 1
Rationale behindof borrowing for NextGenerationEU
Amendment 14 #
2021/2076(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Underlines that the success of the borrowing strategy will be judged by its ability to raise the funds necessary for the implementation of NGEU on the capital markets in a timely and relatively low-cost manner, and to repay the debt by 2058 according to a smoothly and predictablye profile and without crowding out established programme expenditure under the MFF ceilings; stresses that that the Union’s issuance should not upset borrowing conditions for other European issuers and should even play a positive role on capital markets, notably by meeting investors’ demand for eEuro-denominated assets and for new products such as green bonds;
Amendment 16 #
2021/2076(INI)
4. Notes that the Commission has developed and put in place a new and large funding programme and built up its debt management capacities swiftly and efficiently; welcomes the fact that first issuances took place at a steady pace in 2021 and 2022 and were all heavily oversubscribed, revealing strong investor interest and enabling the Commission to meet its funding targets; notes with satisfaction that, consistent with its AAA- rating, EU products have been traded at attractive interest rates that are at par with other large European and supranational issuers;
Amendment 20 #
2021/2076(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Notes the Commission’s choice to rely on a large Primary Dealers’ Network (PDN), which are important partners in ensuring well-functioning primary and secondary markets and reporting to the Commission on market conditions; calls on the Commission to ensure that banks meet their legal requirements and to seek a better geographical balance both in the PDN membership and in the leadership of syndicated transactions; calls on the Commission to make sure that sufficient incentives and obligations are in place for PDN members to play their role;
Amendment 22 #
2021/2076(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Observes that, in line with the annual borrowing decision and the Semi- annual funding plans, the Commission has raised, as of June 2022, more than EUR 113 billion, of which EUR 23 billion in the form of green bonds and composed of bonds with short, medium and long term maturities, on the financial markets; takes good note of the information provided concerning the distribution of investor type and distribution ‘by geography”; calls for continued transparent communication about the progress of the bond auctions and syndications;
Amendment 27 #
2021/2076(INI)
Motion for a resolution
Subheading 3
Subheading 3
Potential positive effects and challenges of NextGenerationEU borrowing
Amendment 29 #
2021/2076(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Believes that, by making the Union one of largest bond issuers in Europe, NGEU can have a positive impact on the stability and liquidity of EU capital markets and canimprove the EU economic outlook, complement the macroeconomic architecture of the Euro area and strengthen the international role of the eEuro; notes, however, that NGEU is legally limited in size and in time and would have the potential to play even more influential role as safe assets and serve for integration of EU financial markets and resilience of the EU if lessons are properly taken;
Amendment 32 #
2021/2076(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Notes the high demand for a smooth integration of the EU’s debt on capital markets; calls on the Commission to consolidate the standing of EU debt by diversifying the investor profile, stimulating secondary markets and removing technical obstacles, such as the ECB’s purchase limitations and higher haircut applied to EU bonds over national sovereign bonds within its collateral framework;
Amendment 36 #
2021/2076(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Highlights, in particular, that the Union could set benchmarks for sustainable investment as the largest global issuer of green bonds, as well as by diversifying its investor base and securing lower borrowing costs; welcomes that the Green Bond framework used by the Commission observes high sustainability standards and urges the Commission to avoid any‘greenwashing’, in order to act as a catalyst in the green transition;
Amendment 39 #
2021/2076(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Notes that, despite its scale, NGEU has so far successfully mitigated the risk of crowding out demand for other European sovereign bonds; emphasises that, by making the Euro area sovereign market more attractive especially to non- EU investors, NGEU issuance maybe impacting positively on demand for securities issued by other European market players; invites the Commission to continue coordinating closely with Member State debt agencies and with the ECB, the EIB and the ESM;
Amendment 43 #
2021/2076(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8 b. Argues further that NGEU is having a positive impact on the attractiveness and sustainability of Member State debts, by offering AAA- rated borrowing conditions to all Member States through RRF loans, having a significant lowering effect on sovereign yields and by discounting grants from the calculation of national debt as well as by conveying a strong message to financial markets about the resilience and cohesion of the Euro area and the EU;
Amendment 47 #
2021/2076(INI)
Motion for a resolution
Paragraph 8 c (new)
Paragraph 8 c (new)
8 c. Asks the Commission to develop a mechanism allowing EU citizens to buy EU bonds directly in a simple and transparent manner; notes that this practice already exists in several EU member states; believes that the economic benefits would be relevant and outweigh the implementation costs; considers that this opportunity could increase the sense of belonging to the EU;
Amendment 53 #
2021/2076(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Notes with concern the steeply rising inflation interest rates that affect sovereign issuers; cautions that the costs of funding have increased significantly due to the challenging market conditions; anticipates that this will affect the EURI repayment line in the EU budget; acknowledges that the Commission evolves in a very uncertain market, outside of the 99% confidence interval; recalls that all payments of financial contributions to Member States should be made by 31 December 2026, as established under the EURI and RRF Regulations, but changes to this deadline could be made; underlines that such change requires changes to both the RRF and EURI regulations;
Amendment 55 #
2021/2076(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9 b. Considers that NGEU can only unfold its full potential if all national Recovery and Resilience Plans are implemented in a timely and effective way; is concerned by the lack of financial absorption capacity by several Member States; regrets the dynamic triggered in some Member States where implementation of traditional EU funds is delayed in order to absorb more quickly the RRF funds; encourages Member States to make full use of the loans provided under NGEU in a coherent manner;
Amendment 56 #
2021/2076(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Underlines that further investments in EU policies will be necessary to strengthen EU competitiveness and strategic autonomy, in particular regarding industry and climate action; considers that permanent redeployments are a not a viable long-term solution for financing EU priorities and underlines the need for additional proper means for the EU budget in the form of fresh money; considers, in this regard, that NGEU is a good example of a viable architecture for funding above the MFF ceilings;
Amendment 71 #
2021/2076(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Recalls its firm demand to place the budgetary appropriations for the EURI repayment costs outside the expenditure ceilings of the MFF, in order to safeguard the margins and flexibility mechanisms for their intended purposes; asks to make the pertinent modifications in the MFF regulation in the context of the MFF midterm review/revision;
Amendment 74 #
2021/2076(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Firmly believes that the ultimate success of NGEU, and in particular the credibility and sustainability of its financing, will also be assessed against the Union’s ability to repay the common debt with new own resources in the environmental and corporate sector, rather than with increased gross national income- based contributions from the Member States;
Amendment 81 #
2021/2076(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
Amendment 1 #
2021/2071(INI)
Motion for a resolution
Citation -1 a (new)
Citation -1 a (new)
— having regard to Articles 2 and 7 of the Treaty on European Union (TEU),
Amendment 3 #
2021/2071(INI)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
— having regards to its resolution of 10 June 2021 on the rule of law situation in the European Union and the application of the Conditionality Regulation (EU, Euratom) 2020/20921a _________________ 1a Texts adopted, P9_TA(2021)0287.
Amendment 5 #
2021/2071(INI)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
— having regard to the Commission communication of 30 September 2020 on the 2020 Rule of Law Report – the rule of law situation in the European Union (COM(2020)0580),
Amendment 6 #
2021/2071(INI)
Motion for a resolution
Citation 3 b (new)
Citation 3 b (new)
— having regard to the Commission’s reasoned proposal for a Council decision of 20 December 2017 on the determination of a clear risk of a serious breach by the Republic of Poland of the rule of law, issued in accordance with Article 7(1) of the Treaty on European Union (COM(2017)0835),
Amendment 7 #
2021/2071(INI)
Motion for a resolution
Recital -A (new)
Recital -A (new)
-A. whereas the conditionality mechanism set out by the Regulation was part of the overall political agreement on the Multiannual Financial Framework (MFF) 2021-2027, the Next Generation EU (NGEU) recovery plan and the Own Resources Decision, and should not be delayed in its application, in particular with regard to the application of the aforementioned instruments;
Amendment 8 #
2021/2071(INI)
Motion for a resolution
Recital -A a (new)
Recital -A a (new)
-A a. whereas the volume of the MFF 2021-2027 and the NGEU represents an unprecedented budget for the EU in its history that aims to support EU’s economic and social recovery following the consequences of the EU-Covid pandemic, and therefore requires more than ever timely and proper application of the principles of the sound financial management, as well as the protection of EU’s financial interests;
Amendment 9 #
2021/2071(INI)
Motion for a resolution
Recital -A b (new)
Recital -A b (new)
-A b. whereas according to the Regulation, respect for the rule of law is an essential precondition for compliance with the principles of sound financial management;
Amendment 11 #
2021/2071(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the Commission decided to abide by the non-binding European Council conclusions of December 2020 and declared that it would develop guidelines for the application of the Regulation;
Amendment 13 #
2021/2071(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas, in its resolution of 25 March 2021 on the application of Regulation (EU, Euratom) 2020/2092, the rule-of-law conditionality mechanism, Parliament requested the Commission to adopt the guidelines no later than 1 June 2021 and after having consulted Parliament;
Amendment 15 #
2021/2071(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Takes note of the Commission’s intention to develop guidelines for the application of the Regulation; reiterates once again its view that the text of the Regulation is clear and does not require any additional interpretation in order to be applied; further stresses that the legislators have not conferred implementing or executive powers to the Commission to precise the application of the Regulation;
Amendment 20 #
2021/2071(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Takes note ofRegrets the Commission’s intention to develop guidelines for the application of the Regulation; reiterates once again its view that the text of the Regulation is clear and does not require any additional interpretation in order to be applied;
Amendment 24 #
2021/2071(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Highlights that guidelines are not legally binding and by no means could delay the application of the Regulation already in force; notes that the Commission is deviating from its usual practice of drafting guidelines for the application of a legal act only in cases where the actual implementation of the act over a certain period of time shows the need for guidance;
Amendment 26 #
2021/2071(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Highlights that guidelines are not legally binding; notdeplores that the Commission is deviating from its usual practice of drafting guidelines for the application of a legal act only in cases where the actual implementation of the act over a certain period of time shows the need for guidance;
Amendment 29 #
2021/2071(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Strongly regrets the Commission’s failure to respond to Parliament’s request and to adopt its guidelines by 1 June 2021; reiterates its call on the Commission to draft the guidelines as soon as possible in close cooperation with Parliament ; reminds the Commission that Parliament already started the necessary preparations for potential court proceedings under Article 265 of the TFEU against the Commission;
Amendment 33 #
2021/2071(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. UStresses that measures under the Regulation are necessary in particular in cases where other procedures set out in Union legislation would not allow the Union budget to be protected more efficiently; therefore urges the Commission to avoid any further delay in the application of the Regulation and to investigate swiftly and thoroughly any potential breaches of the principles of the rule of law in the Member States that affect or seriously risk affecting the sound financial management of the Union budget or the protection of the financial interests of the Union in a sufficiently direct way; reiterates that the situation in some Member States already warrants immediate investigation under the Regulation, in particular Member States already under the procedure of Article 7 TEU;
Amendment 35 #
2021/2071(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. UDeplores the time wasted by the Commission since the entry into force of the Regulation; urges the Commission to avoidct without any further delay in the application of the Regulation and to investigate swiftly and thoroughly any potential breaches of the principles of the rule of law in the Member States that affect or seriously risk affecting the sound financial management of the Union budget or the protection of the financial interests of the Union in a sufficiently direct way; reiterates that the situation in some Member States already warrants immediate investigation under the Regulation;
Amendment 39 #
2021/2071(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Recalls that the political guidelines for the European Commission 2019-2024 stated that 'there can be no compromise when it comes to defending our core values' and that it would be ensured that the full Union toolbox would be used at European level; recalls that the Commission ‘shall be completely independent’, and its members ‘shall neither seek nor take instructions from any Government’ in accordance with Article 17(3) of the TEU and Article 245 of the TFEU; recalls further that in accordance with Article 17(8) of the TEU, the Commission ‘shall be responsible to the European Parliament’;
Amendment 41 #
2021/2071(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. AskRequests the Commission to report to Parliament on a quarterly or semi-annual basis regarding new and ongoing cases under investigation, starting as soon as possible with the first cases;
Amendment 46 #
2021/2071(INI)
6 a. Calls on the Commission to clarify in the guidelines that breaches of the rule of law in a Member state which result from decisions or events that took place prior to 1 January 2021 still fall within the scope of the regulation as long as their effect is still ongoing;
Amendment 51 #
2021/2071(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Draws particular attention to the list of indicative breaches of the principles of the rule of law laid down in Article 3 of the Regulation; calls onurges the Commission to investigate potential occurrences of the breaches included in that list in the Member States, while pointing out that other practices or omissions by public authorities may also be relevant;
Amendment 54 #
2021/2071(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Recalls the importance of the cooperation between the EU institutions, the Member States and the European Anti-Fraud Office (OLAF) and the European Public Prosecutor`s Office (EPPO); welcomes that EPPO became operational on 1 June 2021 and highlights its crucial role in ensuring the effective functioning of the management and control systems for EU funds in the participating Member States;
Amendment 57 #
2021/2071(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Recalls that for the citizens of these Member States that do not take part in EPPO, OLAF remains the only competent body to investigate allegations of fraud, corruption or any other illegal activity affecting the financial interests of the Union; urges therefore the Commission to assess the compliance by the Member States with the OLAF Regulation;
Amendment 58 #
2021/2071(INI)
Motion for a resolution
Paragraph 7 c (new)
Paragraph 7 c (new)
7 c. Recalls that for the financial interests of EU to be effectively protected, all Member States should complete and be part of the EPPO enhanced cooperation as swiftly as possible;
Amendment 61 #
2021/2071(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recalls that identification of breaches of the principles of the rule of law requires objective, impartial, fair and thorough qualitative assessment by the Commission, taking into account relevant information from available sources and recognised institutions; in particular, calls on the Commission to take materials from EU bodies, such as the Court of Justice of the European Union, the Court of Auditors, the Commission’s annual Rule of Law Report and EU Justice Scoreboard, the European Anti-Fraud Office (OLAF) and the European Public Prosecutor’s Office (EPPO), or from international organisations, such as the Council of Europe;
Amendment 63 #
2021/2071(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recalls that identification of breaches of the principles of the rule of law requires objective, impartial, fair and thorough qualitative assessment by the Commission, taking into account relevant information from available sources and recognised institutions, including information in the public domain and from fact-based investigative journalism;
Amendment 64 #
2021/2071(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Considers that the Commission’s annual Rule of Law report constitutes an objective, impartial, fair, and qualitative assessment of breaches of the principles of rule of law; believes that where the conclusions of the annual reports highlight individual or systemic breaches of the rule of law which affect or seriously risk affecting the sound financial management of the Union budget or the protection of the financial interests of the Union in a sufficiently direct way, they should be directly linked to the triggering of the conditionality mechanism; calls on the Commission to clarify, in the guidelines, a methodology to create a clear and direct link, when relevant, between the annual reports and the conditionality mechanism;
Amendment 67 #
2021/2071(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8 b. Highlights that civil society, including independent NGOs and citizens, is at the forefront to identify potential breaches of the rule of law at local and national level, and should therefore be involved in their reporting; calls on the Commission to establish, in the guidelines, an efficient, user-friendly, and easily accessible online one-stop shop for citizens and civil society to report both fraud and corruption cases related to EU Funds, as well as individual or systemic breaches in their Member State, guaranteeing anonymity and leading, where deemed relevant by its services, to further investigations by the OLAF, the EPPO or the Commission;
Amendment 75 #
2021/2071(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Recalls that the Regulation provides a clear definition of the rule of law, which must be understood in relation to the other values of the Union, including fundamental rights and non- discrimination; is of the opinion that state-sponsored discrimination against minorities has a direct impact on the projects on which Member States decide or not to spend EU money, and therefore directly affects the protection of the financial interests of the Union; calls on the Commission to take this into account when drafting the guidelines;
Amendment 80 #
2021/2071(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Recalls that measures under the Regulation are necessary in particular in cases where other procedures set out in Article 7 TEU, in the Common Provision Regulation (CPR), in the Financial regulation or in other sector-specific or financial legislation would not allow the Union budget to be protected more effectively; stresses that this does not mean that the Regulation is to be considered as a ‘last resort’, but rather that the Commission can use a wide range of procedures to protect the Union’s financial interests, to be chosen on a case- by-case basis depending on their efficiency and effectiveness;
Amendment 83 #
2021/2071(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Points out that the Regulation covers all Union funds and applies to ‘systemic’ breaches as well as to cases of serious risk to the sound financial management of the Union budget or the protection of the financial interests of the Union, which may be difficult to address by other Union procedures that only apply to specific spending programmes and relate to effects on the budget that have already occurred; underlines that the Regulation is the only EU legislation linking the respect of the rule of law to the EU budget; considers, therefore, that its unique provisions should be fully applied to ensure a complementary protection of the rule of law in addition to EU finances;
Amendment 90 #
2021/2071(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Underlines that ‘systemic’ breaches, for instance those affecting the functioning of the justice system, the independence of judges and media or the neutrality of public authorities, have in general a clear iand direct impact on the proper management, spending and control, including civilian oversight, of Union funds;
Amendment 91 #
2021/2071(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Underlines that ‘systemic’ breaches, for instance those affecting the functioning of the justice system, the independence of judges or the neutrality of public authorities, have in general a clear inand direct impact on the proper management, spending and control of Union funds;
Amendment 93 #
2021/2071(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Recalls that Articles 6 and 7 of the Regulation sets out all steps and a precise timeline for the adoption and lifting of measures under the Regulation; underlines that the procedure for adopting and lifting measures respects the principles of objectivity, non-discrimination and equal treatment of Member States and is to be conducted using a non-partisan and evidence-based approach;
Amendment 96 #
2021/2071(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Recalls that the Council is bound to act upon any proposal of the Commission to adopt appropriate measures under the Regulation within a period of one month, which may be extended by a maximum of two additional months in exceptional circumstances; considers that the Commission should ensure that these time references are fully respected for a timely decision;
Amendment 97 #
Amendment 98 #
2021/2071(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Believes that transparency is essential to foster the confidence of Member States and citizens in the conditionality mechanism: points out that each step of the procedure of the Regulation should therefore be taken in a fully transparent way;
Amendment 99 #
2021/2071(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15 b. Calls on the Commission to set up, in the guidelines, the transparency rules and principles that it will apply when triggering the Conditionality Mechanism;
Amendment 100 #
2021/2071(INI)
Motion for a resolution
Paragraph 15 c (new)
Paragraph 15 c (new)
15 c. Believes that transparency implies, in particular: - disclosing the sources used by the Commission to trigger the Mechanism, - disclosing the content of the written notifications sent to the Members States, - disclosing the answers received from the Member States and the remedies proposed, - disclosing the Commission’s assessment leading to the potential lifting of adopted measures under the Mechanism, - keeping the European Parliament informed and involved at every step of the process to ensure the democratic scrutiny of the Mechanism and of EU funds;
Amendment 105 #
2021/2071(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Recalls that under the Regulation, it is essential that the legitimate interest of final recipients and beneficiaries are properly safeguarded;
Amendment 111 #
2021/2071(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Recalls that the Regulation shall be applied in a manner that ensures the protection of persons reporting on breaches of Union law, in line with the principles set out in Directive (EU) 2019/1937;
Amendment 116 #
2021/2071(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Commission to analyse all information at its disposal and do its utmost to ensure that any amount due from government entities or Member States is in fact paid to final recipients or beneficiaries, which may entail recovering payments that have been made or making financial corrections by reducing Union support to programmes in line with applicable sector- specific and financial rules; asks the Commission to further clarify which other sources of funding could be used by Member States to ensure that they respect their obligations to final recipients or beneficiaries, when EU funds are suspended; asks the Commission to present its view on the management of a suspended EU fund in a concerned Member State;
Amendment 5 #
2021/2010(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Recalls that the Parliament reconfirmed its commitment to the introduction of an EU digital levy as an own resource with large majorities in a series of reports and resolutions1a; _________________ 1aMost notably its resolution of 14 March 2018 on the Reform of the European Union’s system of own resources, its interim report of 14 November 2018 on the multiannual financial framework 2021-2027 – Parliament’s position with a view to an agreement, its resolution of 10 October 2019 on the 2021-2027 multiannual financial framework and own resources: time to meet citizens' expectations, its resolution of 15 May 2020 on the new multiannual financial framework, own resources and the recovery plan, its resolution of 23 July 2020 on the conclusions of the extraordinary European Council meeting of 17-21 July 2020, its legislative resolution of 16 September 2020 on the draft Council decision on the system of Own Resources of the European Union, and the Interinstitutional Agreement of 16 December 2020 between the European Parliament, the Council of the European Union and the European Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management, as well as on new own resources, including a roadmap towards the introduction of new own resources;
Amendment 6 #
2021/2010(INI)
2. Regrets the OECD’s failure to find consensus on digital taxation by the end of 2020 as planned; notes with interest recent signs of progress towards a common approach in some G20 states, given that a global solution would be the most effective and can avert risks of retaliation, if any, by third countries against the Member States and European businesses; observes that the present economic context, in which many multinational corporations specialised in digital services continue to generate profits despite the general recession, leads to a broad demand to ensure a level playing field by the public and the enterprises; considers it therefore timely and necessary that the EU spearheads concrete, tangible and irreversible legislative action in the coming months to drive forward and incentivise international efforts for more tax fairness through the EU digital levy and the international negotiations, even in case no agreement can be reached at the OECD level;
Amendment 16 #
2021/2010(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that the IIA including the roadmap towards the introduction of new own resources, binds the Council, Parliament and the Commission to irreversibly move forward with an EU digital levy that will enter the long-term EU budget as an own resource; underlines that, irrespective of whether the ground rules will be determined at OECD or EU level, revenues generated by digital taxation in the Member States wican and shall become an own resource;
Amendment 22 #
2021/2010(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Reiterates that the EU digital levy will counter tax base erosion, ensure a level playing field and improve tax fairness by capturing mobile bases; considers that its revenues would be intricately linked to the open borders of the single market and the ‘digital Union’ and would therefore constitute a highly suitable and genuine basis for an EU own resource; stresses that dedicating this new stream of public income to the EU budget would help resolve several problematic issues linked to fiscal equivalence, fiscal coherence and fair distributional impact across Member States;
Amendment 26 #
2021/2010(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Calls for an approach that will prevent the risks of double taxation as well as double non-taxation and that minimises compliance costs for European companies, in particular SMEs; calls for a tax design and implementation rules that would minimise the risks of any economic incidence being rolled over on EU citizens and consumers; is convinced that turning the proceeds of the digital tax into an own resources for the EU budget would help in dispersing and re- distributing such costs in an equitable manner across EU Member States;
Amendment 27 #
2021/2010(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Stresses that a single set of harmonised rules and implementation procedures anchored in EU level legislation will result in lower administrative overhead costs for public tax collecting authorities in the Member States as well as vastly reduced compliance costs, in particular for digital business models that are scalable on the EU Single Market;
Amendment 28 #
2021/2010(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4 c. Reminds that the own resources based on the EU digital levy and/or OECD rules are not to be formally earmarked for any particular expenditure item or fund; recalls that they will rather constitute general income and should be deemed to cover parts of the costs of the repayments of the NGEU;
Amendment 34 #
2021/2010(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Maintains that the revenue of the EU digital levy will be part of a basket of new own resources whose proceeds will be sufficient to cover, through the long-term EU budget, the repayment costs of the EU Recovery Instrument’s grants component, expected to be around EUR 15 billion per year on average and EUR 29.25 billion maximum per year from 2028 until 2058, while avoiding a reduction in expenditure for EU programmes; notes that the revenue is estimated to be in the range of several billion eEuros to several tens of billions of eEuros depending on, among other factors, the taxable revenuesexact definition of the taxable base, the taxable entity, the place of taxation, the calculation and the rate of tax as well as economic growth rates in the sectors concerned;
Amendment 52 #
2021/2010(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Urges the Commission to incorporate Parliament’s position when preparing the legislative proposals for an EU digital levy as an own resource and the revised own resources decision and calls on the Council to swiftly adopt the proposal in line with the roadmap. ; encourages the institutions to engage swiftly and constructively in the ‘regular dialogue’ foreseen by the own resources roadmap;
Amendment 7 #
2021/2006(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the EU strategy to reduce methane (CH4) emissions as it is the second biggest contributor to the climate change after CO2; underlines that according to the UNEP´s Global Methane Assessment (2021) “reducing human- caused methane emissions is one of the most cost-effective strategies to rapidly reduce the rate of warming and contribute significantly to global efforts to limit temperature rise to 1.5°C”; supports a clear pathway and legislative framework to addresscut methane emissions in a more comprehensive fashion and across Europe, by fostering synergies between sectors to strengthen the business call sectors, including energy, waste and agriculture as more than half of global methane emissions stem from human activities in these sectors with fossil fuels accounting for 35% of human-caused emissions, waste for 20% and agriculture for 40%; whereas in the EU the biggest sources of anthropogenic methane emissions are gas & oil sector (16 %), waste for captursector (28 %) and agriculture (54%); Believes that the legal framework should include binding methane emissions; reduction targets;
Amendment 113 #
2021/2006(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls for a thorough assessment of the cost efficiency of the actions proposed in the energy sector, which should consider local conditions and the specific aspects of the various parts of the value chain and provide flexibility to the industry for their implementaNotes that the UNECE (2021) monetized global benefits for all market and non-market impacts to be approximately $ 4 300 per tonne of methane reduced and that approximately 1 430 annual premature deaths could be prevented per tonne reduced; believes, therefore, that an impact assessment accompanying the legislative proposal should consider costs of the actions proposed as well as costs of inaction or delayed action;
Amendment 134 #
2021/2006(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Recalls that methane emissions from the waste sector comes partly from leaks out of biogas plants; calls on the Commission to publish guidelines on the best methods to build and operate biogas plants to address leaks due to poor maintenance, operation and design;
Amendment 10 #
2021/2003(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. HighlightStresses that funding needs to be accessible for associations, NGOs, local and small civil society organisations that work most closely with girls and womenwhich are helping girls, women and LGBTIQ people in all their diversity; emphasises the key role of the neighbourhood, development and international cooperation instrument and stresses that administrative and implementation barriers should be avoided, since they might hamper the involvement of the most relevant actors; recalls the urgent need for significant funding for sexual and reproductive health and rights;
Amendment 15 #
2021/2003(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Welcomes the increased level of support for gender-responsive budgeting, the creation of specific gender indicators and the collection of gender-disaggregated data; expects the Commission to closely monitor the implementation of The Gender Action Plan III and to consult Parliament on the monitoring system;
Amendment 15 #
2021/0360(BUD)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Considers that those personalised services should last for a relevant period of time according to the nature of the project;
Amendment 17 #
2021/0360(BUD)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Highlights that 98,7 % of the financial support is linked to the creation of start-ups and businesses, which will encourage professional reintegration and reconversion, improve the competitiveness of the regions concerned and contribute to the economic recovery;
Amendment 18 #
2021/0360(BUD)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Welcomes that the financial assistance is swiftly provided to the beneficiaries, even though additional investment for the setting up of a new business is needed in some cases;
Amendment 113 #
2021/0293(COD)
Proposal for a decision
Recital 7
Recital 7
(7) Digital skills, basic and advanced, are essential to reinforce the collective resilience of the Union’s society. Digitally empowered and capable citizens will be able to take advantage of the opportunities of the Digital Decade. Moreover, digital training and education should support a workforce in which people can acquire specialised digital skills to get quality jobs and rewarding careers in much greater numbers than today, with convergence between women and men. In addition, an essential enabler for taking advantage of the benefits of digitisation, for further technological developments and for Europe’s digital leadership is a sustainable digital infrastructure for connectivity, microelectronics and the ability to process vast data. Excellent and secure connectivity for everybody and everywhere in Europe including in rural and remote areas40 is needed. Societal needs for upload and download bandwidth are constantly growing. By 2030, networks with gigabit speeds should become available at accessible conditions for all those who need or wish such capacity, which requires a fair and proportionate contribution to the cost of usage and financing of network operators investment in connectivity and digital infrastructures especially by large content platforms. Moreover, microprocessors which are already today at the start of most of the key, strategic value chains are expected to be in even higher demand in the future, in particular the most innovative ones. Climate neutral highly secure edge node guaranteeing access to data services with low latency wherever businesses are located and quantum capacity are also expected to be critical enablers. _________________ 40 Long-term Vision for the EU’s Rural Areas. COM(2021) 345 final.
Amendment 241 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – point g
(g) facilitate fair and convergent conditions for investments in digital transformation throughout the Union, including by strengthening the synergies between the use of Union and national funds, and developing predictable regulatory approaches;, and by setting up an adequate framework which requires in particular large content platforms to make a fair and proportionate contribution to the cost of usage of network operators’ digital infrastructure
Amendment 11 #
2021/0227(BUD)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Believes that the Union budget must be equipped with the tools to enable it to respond to multiple crises simultaneously; reiterates Parliament’s view that the 2022 budget should play a pivotal role in ensuring a positive and tangible impact on citizens’ lives; against this background, supports increases to boost investment with a particular focus on SMEs, strengthen efforts towards the green and digital transitions, give fresh opportunities to young people in particular, build a strong European Health Union; reinforces, further, priorities in the fields of security, migration, fundamental rights, while acknowledging the recent deteriorating situation in external policy and humanitarian aid and the need to be able to react swiftly to the upcoming challenges; emphasises the leading role that the European Union must play in ending the pandemic by financing vaccination through COVAX in the low income countries;
Amendment 24 #
2021/0227(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Highlights the need to support research and innovation in the context of the current pandemic and the EU’s green and digital ambitions; Calls for making available to Horizon Europe Programme the research decommitments from 2020 in line with Article 15(3) of the Financial Regulation; calls for the expenditure on health research from the Union budget to be at least equal to that in the 2021 general budget, given the evolving pandemic situation; calls for allocation of Next Generation EU funds to sectors hard hit by the crisis and to instruments that can contribute directly to the recovery of the European economy; underlines the role of the EIC and EIT in supporting research and innovation in the Union, and the need to increase their financial resources in 2022;
Amendment 37 #
2021/0227(BUD)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for sufficient staffing for all agencies in line with their tasks and responsibilities; underlines in particular the need to substantially reinforce ACER and the EIT which have been understaffed for many years, as well as ensure sufficient budget for ENISA and BEREC to fulfil their missions; welcomes the addition of new establishment plan posts in the EUSPA, but calls for a gradual reduction of external personnel in order to prevent disruptions in security related activities.
Amendment 77 #
2021/0227(BUD)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Emphasises that youth remains an overarching priority for the Union budget; reinforces therefore funding to meet increasing demand for the Erasmus+ programme by a total amount of just over EUR 137 million, as a 5% increase represents an additional 40,000 mobility exchanges; calls the Commission to present a draft amending budget so that the unspent funds from the 2021 budget should be carried over into the 2022 budget in order to help students regaining the missed opportunities due to the pandemic, so that we do not have a lost generation for Erasmus; furthermore increases the European Solidarity Corps by EUR 5 million as the economic crisis triggered by the COVID-19 pandemic should not adversely affect support for the youth;
Amendment 91 #
2021/0227(BUD)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27 a. Regrets that the increase for EPPO budget in 2021 voted by both arms of budgetary authority is not respected the Commission; reiterates the fundamental role that EPPO plays in protecting the financial interests of the Union, including the use of funds from Next Generation EU, as well as ensuring the respect of the rule of law; invites the Commission to clarify the blockade of the 7.3 million euro and to ensure that the budget for 2021 and 2022 of EPPO will be fully respected and implemented;
Amendment 119 #
2021/0227(BUD)
Motion for a resolution
Paragraph 39 a (new)
Paragraph 39 a (new)
39 a. Highlights the need to ensure appropriate staff level to Europol as of the beginning of 2022, in line with relevant Commission proposal; Stresses that in the absence of the adoption of Europol’s revised legal basis by the end of 2021, the reserve retained on the agency's budget may lead to delayed recruitment of staff allocated to the Agency in 2022 which is required to ensure the preparation for an efficient implementation of Europol’s revised legal basis and mandate.
Amendment 152 #
2021/0227(BUD)
Motion for a resolution
Paragraph 49
Paragraph 49
49. Stresses that, given the new legislative proposals, such as and strategic initiatives arising from the European Green Deal, such as the Biodiversity Strategy to 2030, Chemical Strategy for Sustainability, Fit for 55 package, and increased Union spending due to NGEU and the Recovery and Resilience Facility, some services, in particular the Commission’s Directorate-General for Environment and the European Anti-Fraud Office (OLAF), will need staff reinforcements; asks the Commission as honest broker to reassess these needs promptly and to propose thesadequate reinforcements in its Amending letterduring the Conciliation, without undermining the actual human resources level in its other services or agencies;
Amendment 165 #
2021/0227(BUD)
Motion for a resolution
Paragraph 53 – point g
Paragraph 53 – point g
g) Expects all visitor groups to be informed by the Parliament services about the environmental impact of their transport and that a system of incentive reimbursement of travel costs based on environmental impact is established in 2022; welcomes the future proposal for a revision of the rules governing visitor groups; calls for the revised rules to be in line with 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 on Sustainable and Smart Mobility Strategy – putting European transport on track for the future (COM(2020)0789), in particular its paragraph 9;
Amendment 168 #
2021/0227(BUD)
Motion for a resolution
Paragraph 53 – point i
Paragraph 53 – point i
i) rRecalls the support of the vast majority of Parliament’s Members for a single seat to ensure that Union taxpayers’ money is spent efficiently and for Parliament to assume its institutional responsibility to reduce its carbon footprintneed to find solutions to optimise parliamentary institutional work, financial costs and the carbon footprint with due regard for geographical distribution of European Parliament’s three seats; recalls that according to the Treaty on the European Union, the European Parliament is to have its seat in Strasbourg; notes that permanent changes would require a Treaty change for which unanimity is needed;
Amendment 176 #
2021/0227(BUD)
Motion for a resolution
Paragraph 53 – point n a (new)
Paragraph 53 – point n a (new)
n a) calls for faster and more secure wireless networks in the three places of work;
Amendment 177 #
2021/0227(BUD)
Motion for a resolution
Paragraph 53 – point n b (new)
Paragraph 53 – point n b (new)
n b) calls for increased digital means to directly engage with citizens; supports the establishment of Europa Experiences by 2024 in all Member States; supports the administration in its policy aimed at maximizing synergies;
Amendment 178 #
2021/0227(BUD)
Motion for a resolution
Paragraph 53 – point n c (new)
Paragraph 53 – point n c (new)
n c) calls to introduce the opportunity for the citizens and the residents of Member States and partner countries to make virtual guided tours in the Parliament in order to achieve better understanding of the work and values of the institution among broader public;
Amendment 184 #
2021/0227(BUD)
Motion for a resolution
Paragraph 54 a (new)
Paragraph 54 a (new)
54 a. stresses that the European Data Protection Supervisor is a key institution, active in all aspects of the processing of personal data; that its tasks and responsibilities have grown, necessitating an increase in its human and financial resources; recalls that the Commission has integrated its expenditure estimates;
Amendment 35 #
2021/0211(COD)
Proposal for a directive
Recital 52
Recital 52
(52) The introduction of the carbon price in road transport and buildings should be accompanied by effective social compensation, especially in view of the already existing levels of energy poverty. About 34 million Europeans reported an inability to keep their homes adequately warm in 2018, and 6,9 % of the Union population have said that they cannot afford to heat their home sufficiently in a 2019 EU-wide survey60 . To achieve an effective social and distributional compensation, Member States should be required to spend the auction revenues on the climate and energy-related purposes already specified for the existing emissions trading, but also for measures added specifically to address related concerns for the new sectors of road transport and buildings, including related policy measures under Directive 2012/27/EU of the European Parliament and of the Council61 . Auction revenues should be used to address social aspects of the emission trading for the new sectors with a specific emphasis in vulnerable households, micro-enterprises and transport users. In this spirit, a new Social Climate Fund will provide dedicated funding to Member States to support the European citizens most affected or at risk of energy or mobility poverty. The Social Climate Fund should be an integral part of the Union budget in order to preserve the unity of the budget and the coherence with Union policies, and to ensure that there is effective control by the budgetary authority, composed of the Parliament and the Council. This Fund will promote fairness and solidarity between and within Member States while mitigating the risk of energy and mobility poverty during the transition. It will build on and complement existing solidarity mechanisms. The resources of the new Fund will in principle correspond to 25 % of the expected revenues from new emission trading in the period 2026-2032, and wibe implemented on the basis of the Social Climate Plans that Member States should put forward under Regulation (EU) 20…/nn of the European Parliament and the Council62 . The programmed baseline allocation in the EU budget should be increased annually be implemented on the basis of the Social Climate Plans that Member States should put forward under Regulation (EU) 20…/nn of the European Parliament and the Council62 y a supplementary reinforcement in case there is an increase in the carbon price, as it would raise the burden on the vulnerable households and traffic users. Such annual reinforcements should be accommodated within the MFF by means of an automatic ‘carbon price fluctuation adjustment’ of the ceiling of Heading 3 and the payment ceiling, the mechanism for which is to be provided for in the MFF regulation according to Article 312 TFEU. In addition, each Member State should use their auction revenues inter alia to finance a part of the costs of their Social Climate Plans. _________________ 60 Data from 2018. Eurostat, SILC [ilc_mdes01]. 61 Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC (OJ L 315, 14.11.2012, p. 1–56). 62 [Add ref to the Regulation establishing the Social Climate Fund].
Amendment 57 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point b
Article 1 – paragraph 1 – point 11 – point b
Directive 2003/87/EC
Article 10 – paragraph 3 – subparagraph 1 – introductory part
Article 10 – paragraph 3 – subparagraph 1 – introductory part
3. Member States shall determine the use of revenues generated from the auctioning of allowances, except for the revenues established as own resources in accordance with Article 311(3) TFEU and entered in the Union budget as general income. The revenue accruing to the Union budget shall respect the principle of universality in accordance with Article 7 of Council Decision (EU, Euratom) 2020/2053. Member States shall use their revenues generated from the auctioning of allowances referred to in paragraph 2, with the exception of the revenues used for the compensation of indirect carbon costs referred to in Article 10a(6), for one or more of the following:;
Amendment 78 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30d – paragraph 3 a (new)
Article 30d – paragraph 3 a (new)
3 a. The revenues generated by the auctioning of allowances covered by this chapter shall not be used as assigned revenue for the Social Climate Fund. The Social Climate Fund is to be financed by the general EU budget, whose revenue side will benefit from the introduction of a diverse basket of new own resources, including the ETS-based own resource pursuant to the roadmap of the IIA.
Amendment 79 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 21 Directive 2003/87/EC
Article 1 – paragraph 1 – point 21 Directive 2003/87/EC
3 b. In order to ensure that the available appropriations for the Social Climate Fund in the EU budget can evolve in close alignment with the carbon price and thus the burden for vulnerable households and traffic users, a Carbon Price Fluctuation Adjustment Mechanism will enable annual reinforcements. The detailed provisions are to be provided for in the Multiannual Financial Framework Regulation, which, in accordance with Article 312 TFEU, will ensure that the relevant expenditure ceilings are adjusted automatically each year in function of the rate of change of the carbon price under the ETS for Buildings and Road Transport. The budgetary impact of the annual adjustment will be budgeted.
Amendment 112 #
2021/0211(COD)
Proposal for a directive
Recital 33
Recital 33
(33) The scope of the Innovation Fund referred to in Article 10a(8) of Directive 2003/87/EC should be extended to support innovation in low-carbon technologies and processes that concern the consumption of fuels in the sectors of buildings and road transport. In addition, the Innovation Fund should serve to support investments to decarbonise the maritime transport sector, including investments in sustainable alternative fuels, such as hydrogen and ammonia that are produced from renewable and low carbon sources, as well as zero-emission propulsion technologies like wind technologies. Considering that revenues generated from penalties raised in Regulation xxxx/xxxx [FuelEU Maritime]52 are allocated to the Innovation Fund as external assigned revenue in accordance with Article 21(5) of the Financial Regulation, the Commission should ensure that due consideration is given to support for innovative projects aimed at accelerating the development and deployment of renewable and low carbon fuels in the maritime sector, as specified in Article 21(1) of Regulation xxxx/xxxx [FuelEU Maritime]. To ensure sufficient funding is available for innovation within this extended scope, the Innovation Fund should be supplemented with 50 million allowances, stemming partly from the allowances that could otherwise be auctioned, and partly from the allowances that could otherwise be allocated for free, in accordance with the current proportion of funding provided from each source to the Innovation Fund. _________________ 52[add ref to the FuelEU Maritime Regulation].
Amendment 367 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point b
Article 1 – paragraph 1 – point 14 – point b
(a) the generation and use of electricity from renewable and low carbon sources;
Amendment 24 #
2021/0206(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The Porto Declaration of 8 May 2021 reaffirmed the European Council’s pledge to work towards a social Europe ensuring a fair transition, and its determination to continue deepening the implementation of the European Pillar of Social Rights at EU and national level, with due regard for respective competences and the principles of subsidiarity and proportionality.
Amendment 28 #
2021/0206(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Those amendments have differing economic and social impacts on the different sectors of the economy, on the citizens, and the Member States. In particular, the inclusion of greenhouse gas emissions from buildings and road transport into the scope of Directive 2003/87/EC of the European Parliament and the Council31 should provide an additional economic incentive to invest into the reduction of fossil fuel consumption and thereby accelerate the reduction of greenhouse gas emissions. Combined with other measures, this should, in the medium to long term, reduce the costs for buildings and road transport, and provide new opportunities for job creation and investment, fully aligned with the European Green Deal goals. _________________ 31 Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a system for greenhouse gas emission allowance trading within the Union (OJ L 275, 25.10.2003, p. 32).
Amendment 31 #
2021/0206(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The increase in the price for fossil fuels may disproportionally affect vulnerable households, vulnerable micro- enterprises and vulnerable transport users who spend a larger part of their incomes on energy and transport, who, in certain regions, including in rural, insular, mountainous, remote and less accessible areas or for less developed regions or territories, including the outermost regions and less developed peri-urban areas do not have access to alternative, affordable mobility and transport solutions and who may lack the financial capacity to invest into the reduction of fossil fuel consumption.
Amendment 37 #
2021/0206(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) Mobility poverty has no clear Union-level or national definitions available. However, the problem is becoming more pressing to address as a result of the increasing phase-out requirements for combustion engine vehicles, high fuel prices, or high dependencies on transport availability, accessibility and costs to go to work or for daily mobility needs due to living in rural, insular, outermost regions, mountainous, remote and less accessible areas or for less developed regions or territories, including less developed peri-urban areas.
Amendment 42 #
2021/0206(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) For that purpose, each Member State should submit to the Commission a Social Climate Plan (‘the Plan’). Those Plans shouldprepare together with the relevant stakeholders listed in Article 8.1 of Regulation (EU) 2021/1060 such as the social partners, regional and local authorities and submit to the Commission a Social Climate Plan (‘the Plan’). Those Plans should contribute to the implementation of the principles of the European Pillar of Social Rights and the achievement of the United Nations Sustainable Development Goals while ensuring that no-one is left behind as well as pursue two objectives. Firstly, they should provide vulnerable households, vulnerable micro-enterprises and vulnerable transport users the necessary resources to finance and carry out investments in energy efficiency, decarbonisation of heating and cooling, in zero- and low-emission vehicles and mobility. Secondly, they should mitigate the impact of the increase in the cost of fossil fuels on the most vulnerable and thereby prevent energy and transport poverty during the transition period until such investments have been implemented. The Plans should have an investment component promoting the long-term solution of reduce fossil fuels reliance and could envisage other measures, including temporary conditional direct income support to mitigate adverse income effects in the shorter term.
Amendment 47 #
2021/0206(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Member States, in consultation with the stakeholders listed in Article 8.1 of Regulation (EU) 2021/1060 (CPR) such as social partners, local and regional level authorities, are best placed to design and to implement Plans that are adapted and targeted to their local, regional and national circumstances as their existing policies in the relevant areas and planned use of other relevant EU funds. In that manner, the broad diversity of situations, the specific knowledge of local and regional governments, research and innovation and industrial relations and social dialogue structures, as well as national traditions, can best be respected and contribute to the effectiveness and efficiency of the overall support to the vulnerable.
Amendment 52 #
2021/0206(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Pending the impact of those investments on reducing costs and emissions, well targeted conditional direct income support for the most vulnerable would help the just transition. Such support should be understood to be a temporary measure accompanying the decarbonisation of the housing and transport sectors. It would not be permanent as it does not address the root causes of energy and transport poverty. Such support should only concern direct impacts of the inclusion of building and road transport into the scope of Directive 2003/87/EC, not electricity or heating costs related to the inclusion of power and heat production in the scope of that Directive. Eligibility for such direct income support should be limited in timeSuch direct income support should decrease in time as the investments in energy efficiency, in building renovation and in zero- and low- emission mobility and transport should have paid off. Eligibility for such direct income support should be limited to 40% of the total estimated costs of the Plans for the period 2025-2027 and should be limited to 30% for the rest of the period of the fund.
Amendment 60 #
2021/0206(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Taking into account the importance of tackling climate change in line with Paris Agreement commitments, and the commitment to the United Nations Sustainable Development Goals, the actions under this Regulation should contribute to the achievement of the target that 30% of all expenditure under the 2021- 2027 multiannual financial framework should be spent on mainstreaming climate objectives and should contribute to the ambition of providing 10% of annual spending to biodiversity objectives in 2026 and 2027, while considering the existing overlaps between climate and biodiversity goals. For this purpose, the methodology set out in Annex II of Regulation (EU) 2021/1060 of the European Parliament and of the Council33 should be used to tag the expenditures of the Fund. The Fund should support activities that fully respect the climate and environmental standards and priorities of the Union and comply with the principle of ‘do no significant harm’ within the meaning of Article 17 of Regulation (EU) 2020/852 of the European Parliament and of the Council34 . Only such measures and investments should be included in the Plans. DConditional direct income support measures should as a rule be considered as having an insignificant foreseeable impact on environmental objectives, and as such be considered compliant with the principle of ‘do no significant harm’. The Commission intends to issue technical guidance to the Member States well ahead of the preparation of the Plans. The guidance will explain how the measures and investments must comply with the principle of ‘do no significant harm’ within the meaning of Article 17 of Regulation (EU) 2020/852. The Commission intends to present in 2021 a proposal for a Council Recommendation on how to address the social aspects of the green transition. _________________ 33 Regulation (EU) 2021/1060 of the European Parliament and of the Council of 24 June 2021 laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, the Just Transition Fund and the European Maritime, Fisheries and Aquaculture Fund and financial rules for those and for the Asylum, Migration and Integration Fund, the Internal Security Fund and the Instrument for Financial Support for Border Management and Visa Policy (OJ L 231, 30.6.2021, p. 159). 34 Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU) 2019/2088 (OJ L 198, 22.6.2020, p. 13).
Amendment 64 #
2021/0206(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Member States should submit their Plans together with the update of their integrated national energy and climate plans in accordance with Article 14 of Regulation (EU) 2018/1999 of the European Parliament and of the Council35 after the consultation with stakeholders listed in Article 8(1) of Regulation (EU) 2021/1060 such as social partners, local and regional level authorities. The Plans should include the measures to be financed, their estimated costs and the national contribution. They should also include key milestones and targets to assess the effective implementation of the measures. _________________ 35 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).
Amendment 70 #
2021/0206(COD)
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22a) The Social Climate Fund should be an integral part of the EU budget in order to preserve the unity and integrity of the budget, respect the Community method and ensure that there is effective control by the budgetary authority, composed of the Parliament and the Council.
Amendment 72 #
2021/0206(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The overall financial envelope of the Fund should, in principle, be commensurate to amounts corresponding to 25% of the expected revenuethe additional burden on the vulnerable households and traffic users from the inclusion of buildings and road transport into the scope of Directive 2003/87/EC in the period 2026-2032. Pursuant to Council Decision (EU, Euratom) 2020/205341, Member States should make those revenues available to the Union budget as own resourcesThe EU budget should cover half of the EUR 144 billion overall envelope, corresponding to EUR 72 billion. Following the developments of the carbon price and other relevant parameters, and before the final adoption of this legislative act, the Commission should update their assessment whether the overall financial envelope of the Fund still corresponds to 25% of the expected revenue deriving from the new ETS. Pursuant to Council Decision (EU, Euratom) 2020/205341, Member States should make those revenues available to the Union budget as own resources. The revenue accruing to the Union budget is to respect the principle of universality in accordance with Article 7 of Decision (EU, Euratom) 2020/2053. Member States are to finance 50% of the total costs of their Plan themselves. For this purpose, as well as for investment and measures to accelerate and alleviate the required transition for citizens negatively affected, Member States should inter alia use their expected revenues from emissions trading for buildings and road transport under Directive 2003/87/EC for that purpose. The financing of the Fund should not come at the expense of other Union programmes and policies. _________________ 41 Council Decision (EU, Euratom) 2020/2053 of 14 December 2020 on the system of own resources of the European Union and repealing Decision 2014/335/EU, Euratom (OJ L 424, 15.12.2020, p. 1).
Amendment 74 #
2021/0206(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The financial envelope of the Fund should, in principle, be commensurate to amounts corresponding to 25% of the expected revenues from the inclusion of buildings and road transport into the scope of Directive 2003/87/EC in the period 2026-2032. Pursuant to Council Decision (EU, Euratom) 2020/205341, Member States should make those revenues available to the Union budget as own resources. Member States are to finance 50% of the total costs of their Plan themselves. For this purpose, as well as for investment and measures to accelerate and alleviate the required transition for citizens negatively affected, Member States should inter alia use their expected revenues from emissions trading for buildings and road transport under Directive 2003/87/EC for that purpose. Moreover, the financial envelope could be reinforced by using additional revenues from a higher carbon price generated by the extension of the scope of Directive 2003/87/EC to buildings and road transport. In the event of a higher carbon price, additional revenues could automatically finance the Fund. _________________ 41 Council Decision (EU, Euratom) 2020/2053 of 14 December 2020 on the system of own resources of the European Union and repealing Decision 2014/335/EU, Euratom (OJ L 424, 15.12.2020, p. 1).
Amendment 76 #
2021/0206(COD)
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) The Social Climate Fund should be endowed with a baseline allocation in the EU budget, which will also benefit from annual reinforcements in alignment with a higher carbon price, in order to further support households and transport users in making the climate transition. Such annual reinforcements should be accommodated within the MFF by means of an automatic ‘carbon price fluctuation adjustment’ of the ceiling of Heading 3 and the payment ceiling, the mechanism for which is to be provided for in the MFF regulation according to Article 312 TFEU.
Amendment 77 #
2021/0206(COD)
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) To ensure that financial support provided by the Fund can reach vulnerable households, vulnerable micro- enterprises, vulnerable transport users in the initial years of the entry into force of the Fund, Member States, upon a request submitted together with the Social Climate Plan, can receive an amount of up to 13% of their financial allocation in the form of pre-financing within two months after the adoption by the Commission of the legal commitments.
Amendment 81 #
2021/0206(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) In order to facilitate the preparation of the Social Climate Plan and ensure transparent rules for monitoring and evaluation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of setting out the template based on which Member States shall prepare their Social Climate Plans and the common indicators for reporting on the progress and for the purpose of monitoring and evaluation of the implementation of the Plans. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
Amendment 82 #
2021/0206(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) The implementation of the Fund should be carried out in line with the principle of sound financial management, including the protection of the Union budget in the case of breaches of the principles of the rule of law, the effective prevention and prosecution of fraud, tax fraud, tax evasion, corruption and conflicts of interest.
Amendment 93 #
2021/0206(COD)
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
The general objective of the Fund is to contribute to thea fair transition towards climate neutrality by addressing the social impacts of the inclusion of greenhouse gas emissions from buildings and road transport into the scope of Directive 2003/87/EC. The specific objective of the Fund is to support the transition towards climate neutrality for vulnerable households, vulnerable micro-enterprises and vulnerable transport users through temporary and conditional direct income support and through measures and investments intended to increase energy efficiency of buildings, decarbonisation of heating and cooling of buildings, including the integration of energy from renewable sources, and granting improved access to zero- and low-emission mobility and transport with the objective to gradually phase out fossil fuels dependence.
Amendment 101 #
2021/0206(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 11
Article 2 – paragraph 1 – point 11
(11) ‘vulnerable households’ means households in energy poverty or households, including lower middle- income onehouseholds, that are significantly affected bby the transition towards climate neutrality, especially the price impacts of the inclusion of buildings and road transport into the scope of Directive 2003/87/EC and lack the means to renovate the building they occupy;
Amendment 103 #
2021/0206(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
(12) ‘vulnerable micro-enterprises’ means micro-enterprises that are significantly affected by the transition towards climate neutrality, especially the price impacts of the incluextension of buildings and road transport into the scope of Directive 2003/87/EC and lack the means to renovate the building they occupy;
Amendment 108 #
2021/0206(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Each Member State shall prepare, in consultation with the relevant stakeholders listed in Article 8 (1) of Regulation (EU) 2021/1060 such as social partners, local and regional authorities and submit to the Commission a Social Climate Plan (‘the Plan’) together with the update to the integrated national energy and climate plan referred to in Article 14(2) of Regulation (EU) 2018/1999 in accordance with the procedure and timeline laid down in that Article. The Plan shall contain a coherent set of measures and investments to address the impact of carbon pricing on vulnerable households, vulnerable micro-enterprises and vulnerable transport users in order to ensure affordable heating, cooling and mobility while accompanying and accelerating necessary measures to meet the climate targets of the Union.
Amendment 112 #
2021/0206(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The Plan may include national measures providing temporary and conditional direct income support to vulnerable households and households that are vulnerable transport users to reduce the impact of the increase in the price of fossil fuels resulting from the inclusion of buildings and road transport into the scope of Directive 2003/87/EC.
Amendment 115 #
2021/0206(COD)
Proposal for a regulation
Article 3 – paragraph 3 – introductory part
Article 3 – paragraph 3 – introductory part
3. The Plan shall include national and regional projects to:
Amendment 128 #
2021/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c a (new)
Article 4 – paragraph 1 – point c a (new)
(ca) indicative national targets and objectives to reduce the number of vulnerable households, vulnerable micro- enterprises and vulnerable transport users over the duration of the Plan, including an indicative timetable with intermediary targets and objectives;
Amendment 143 #
2021/0206(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States may include the costs of measures providing temporary and conditional direct income support to vulnerable households and vulnerable households that are transport users to absorb the increase in road transport and heating fuel prices. Such support shall decrease over time and be limited to the direct impact of the emission trading for buildings and road transport. Eligibility for such direct and conditional income support shall cease within the time limits identified under Article 4(1) point (d). Such support shall be limited to 40% of the total estimated costs of the Plans for the period 2025-2027 and shall be limited to 30% for the rest of the period.
Amendment 151 #
2021/0206(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
Member States may include into the estimated total costs financial support provided to public or private entities other than vulnerable households, vulnerable micro-enterprises and vulnerable transport uses, if those entities carry out measures and investments ultimately benefitting vulnerable households, vulnerable micro- enterprises and vulnerable transport users. Such entities shall comply with the requirements on visibility set out in Article 22.2.
Amendment 154 #
2021/0206(COD)
Proposal for a regulation
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. Additional allocations shall be made available subject to the specific technical adjustment based on carbon- price fluctuation provided for in Article4b of ... [Council Regulation (EU, Euratom) 2020/20931a as amended], so as to ensure that the available appropriations for the Social Climate Fund in the EU budget can increase in alignment with the carbon price. _________________ 1a Council Regulation (EU, Euratom) 2020/2093 of 17 December 2020 laying down the multiannual financial framework for the years 2021 to 2027 (OJ L 433 I, 22.12.2020, p. 11).
Amendment 157 #
2021/0206(COD)
Proposal for a regulation
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2a. Each year, the programmed baseline allocation in the EU budget could be reinforced in case there is any increase of the carbon price, as this raise would create additional burden on the vulnerable households and microenterprises as well as vulnerable transport users. Such annual reinforcements should correspond to the carbon price increase and be accommodated within the MFF by means of an automatic ‘upward adjustment’ of the ceiling of Heading 3 and the payment ceiling, the mechanism for which is to be provided for in the MFF regulation according to Article 312 TFEU.
Amendment 164 #
2021/0206(COD)
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Article 13a Pre-financing 1. Upon request from a Member State submitted together with the Social Climate Plan, the Commission shall make a pre-financing payment of an amount of up to 13% of the financial contribution. By way of derogation from Article 116(1) of Regulation 2018/1046 (the Financial Regulation), the Commission shall make the corresponding payment within two months after the adoption of the legal commitment referred to in Article 18. 2. If a Member State requests pre- financing under paragraph 1 of this Article, the financial contribution shall be adjusted proportionally.
Amendment 166 #
2021/0206(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States shall contribute at least to 50 percent of the total estimated costs of their Plans.
Amendment 167 #
2021/0206(COD)
Proposal for a regulation
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1a. In order to ensure smooth implementation and to avoid frequent reprogramming exercises, Member States’ Social Climate Plans shall include at least one flexible component or type of measure, which can absorb potential additional availabilities on an annual basis.
Amendment 171 #
2021/0206(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point a – point i
Article 15 – paragraph 2 – point a – point i
Amendment 174 #
2021/0206(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point b – point i
Article 15 – paragraph 2 – point b – point i
(i) whether the Plan is expected to have a lasting impact on the on the Union's 2030 target, on climate neutrality and on the challenges addressed by that Plan and in particular on vulnerable households, vulnerable micro- enterprises and vulnerable transport users, especially households in energy poverty, in the Member State concerned;
Amendment 180 #
2021/0206(COD)
Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 1 – point b
Article 16 – paragraph 1 – subparagraph 1 – point b
(b) the Union financial allocation allocated in accordance with Article 13 and 13a of this Regulation to be paid in pre-financing and instalments once the Member State has satisfactorily fulfilled the relevant milestones and targets identified in relation to the implementation of the Plan, which shall be subject, for the period 2028-2032, to the availability of the amounts referred to in Article 9(2) of this Regulation under the annual ceilings of the multiannual financial framework referred to in Article 312 TFEU;
Amendment 190 #
2021/0206(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. In implementing the Fund, the Member States, as beneficiaries of funds under the Fund, shall take all the appropriate measures to protect the financial interests of the Union and to ensure that the use of funds in relation to measures and investments supported by the Fund complies with the applicable Union and national law, in particular regarding the protection of the Union budget in the case of breaches of the principles of the rule of law, the prevention, detection and correction of fraud, corruption and conflicts of interests. To this effect, the Member States shall provide an effective and efficient internal control system as further detailed in Annex III and the recovery of amounts wrongly paid or incorrectly used. Member States may rely on their regular national budget management systems.
Amendment 191 #
2021/0206(COD)
Proposal for a regulation
Article 20 – paragraph 1 a (new)
Article 20 – paragraph 1 a (new)
1a. In implementing the Fund, the Commission shall take all the appropriate measures in accordance with Regulation (EU, Euratom) 2020/2092 to ensure the protection of funds in relation to measures and investments supported by the Fund in the case of breaches of the principles of the rule of law in the Member States. The Commission shall provide, to that effect, an effective and efficient internal control system and the recovery of amounts wrongly paid or incorrectly used.
Amendment 196 #
2021/0206(COD)
Proposal for a regulation
Article 24 – paragraph 1 a (new)
Article 24 – paragraph 1 a (new)
1a. As part of evaluation report referred to in paragraph 1, the Commission shall consider the prolongation of the specific technical adjustment based on carbon-price fluctuation referred to in Article 9 in the context of the negotiations of the next multiannual financial framework.
Amendment 17 #
2021/0000(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Considers that the agreements on the multiannual financial framework, Next Generation EU, the own resources (OR) decision, the Recovery and Resilience Facility (RRF) and the Rule of Law (RoL) regulation constitute a viable baseline for innovative policies and is convinced that the common issuance of bonds at EU level is a sea change in EU public finances whichduring the health and economic crisis to ensure sustainable growth, is a major breakthrough in EU public finances which in the circumstances of the pandemic adds value by mutualising the outstanding credit rating of the EU budget based on its OR system;
Amendment 31 #
2021/0000(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that the RRF reshapes the European Semester framework and that, together with the Just Transition Fund, will be an exemplary test case of how EU strategic guidance and financial firepower can be synchronised with national priorities and implementation capacities of reforms that create economic and employment growth, coordination of European policies is fundamental for the European Semester;
Amendment 50 #
2021/0000(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses the urgent need for the recovery and resilience plans to deliver public goods like pandemic prevention, stability of public finances and their resilience against future economic shocks, to sustain our economic base and to contribute to implementing the European Pillar of Social Rights, the EU’s climate and biodiversity objectives, the digital and green transformation, and the Gender Equality Strategy;
Amendment 57 #
2021/0000(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Reiterates the urgency of introducing new own resources to diversifying the EU budget’s revenue sources, in line with the roadmap integrated in the Interinstitutional Agreement, and of linking own resources with policy objectives more effectively;
Amendment 64 #
2021/0000(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission to apply the RoL Regulation completely and without ambiguity. as adopted by the co- legislators fully, without ambiguity and with no delay; recalls Commission’s role as guardian of the Treaties.
Amendment 6 #
2020/2241(INI)
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
- having regard to the Commission communication of 19 November 2020 entitled 'an EU Strategy to harness the potential of offshore renewable energy for a climate-neutral future' (COM(2020)741),
Amendment 19 #
2020/2241(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the European Parliament, the Council and the Commission have endorsed the goal of a climate-neutral economy by 2050, in line with the Paris Agreement;
Amendment 25 #
2020/2241(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the Commission has proposed a common greenhouse gas (GHG) emission reduction objective of at least 55% by 2050, while the Parliament has endorsed the goal of reducing greenhouse gas emissions by 60% by 2030;
Amendment 30 #
2020/2241(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Amendment 31 #
2020/2241(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
B b. whereas 70% of the primary energy used in the EU came from fossil fuels (oil, natural gas and coal) in 20174b; _________________ 4b Eurostat
Amendment 32 #
2020/2241(INI)
Motion for a resolution
Recital B c (new)
Recital B c (new)
B c. whereas the International Energy Agency estimates that approximately one third of the global methane emissions come from the energy sector;
Amendment 37 #
2020/2241(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Amendment 38 #
2020/2241(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
C b. whereas the twin green and digital transition of the energy networks will require unprecedented public and private investments in infrastructure modernisation and new infrastructure deployment when necessary, as well as investments in buildings renovation, and research and development;
Amendment 50 #
2020/2241(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas the COVID-19 crisis has shown that it is crucial to be able to rely on a safe and flexible energy system;
Amendment 58 #
2020/2241(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Supports the direction set out by the Commission in its Communication on a strategy for energy system integration; calls on the Commission and the Member States to ensure that it is implemented rapidly in a spirit of solidarity; encouragesunderlines that the private sector to contribute towill play a key role in its success;
Amendment 77 #
2020/2241(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Reiterates its support for the energy efficiency first principle and recalls that the most sustainable energy is the energy whichthat is not consumed;
Amendment 93 #
2020/2241(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Deplores the insufficient progress made by Member States, as set out on energy efficiency and renovation, as presented in the 2020 Energy Efficiency Progress Report; encourages the Commission to propose more ambitious targetstakes note of the decision of the Commission to revise Directive (EU) 2018/2002 on Energy Efficiency, taking into account its recommendations as part of the Energy Union governance process; welcomes, in this regard, the renovation wave strategy and the upcoming revision of Directive (EU) 2018/844 on the Energy Performance of Buildings;
Amendment 100 #
2020/2241(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to extend the principle of energy efficiency to the entire value chain and to all end-uses; underlines the potential of circularity and reuse of waste, energy and waste heat from industrial processes, buildings and data centres; draws attention to the modernisation of heat networks, which can play a significant role in heat decarbonisation; stresses the potential of digital tools for smart energy managementcalls on the Commission to propose concrete initiatives to reduce energy losses along the transmission and distribution networks, through the revision of Regulation (EU) 347/2013 on a trans- European energy infrastructure and Regulation (EU) 2017/1938 on the security of gas supply;
Amendment 109 #
2020/2241(INI)
Motion for a resolution
Paragraph 5 c (new)
Paragraph 5 c (new)
5 c. Underlines the potential of circular economy solutions to reduce final energy demand, such as the reuse of waste, energy and waste heat from industrial processes, buildings and data centres; calls on the Commission to propose measures to incentivise the reuse of waste energy and heat in the revision of Directive 2008/98/EC on waste reduction; underlines that sustainably produced biogas, including biomethane, can help reuse waste stemming from agriculture, food consumption and forestry;
Amendment 111 #
2020/2241(INI)
Motion for a resolution
Paragraph 5 e (new)
Paragraph 5 e (new)
5 e. Stresses the potential of digital tools for smart energy management, which can also reduce energy demand in a cost-efficient way; welcomes the ongoing revision of the secondary legislation on energy labelling and ecodesign of space and water heaters and coolers;
Amendment 122 #
2020/2241(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Highlights the importance of assessing ex-ante and anticipating the need for new energy production, transmission, distribution and conversion infrastructure in order to optimise its usethe energy system in a climate- neutral economy and towhile ensureing its economic viability; underlines the importance of observing the principle of technology neutrality, as most of the technologies that will be needed in the foreseeable future still require investments in research and development;
Amendment 129 #
2020/2241(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Welcomes the publication of the new EU Strategy on Offshore Renewable Energy; stresses that the rapid development of offshore energy islands is crucial to achieve our renewable energy capacity objective by 2030; to this end, calls for a comprehensive revision of the EU legislation on energy infrastructure and a targeted revision of the relevant State Aid guidelines;
Amendment 131 #
2020/2241(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission to use the revision of Regulation (EU) No 347/2013 on a trans-European energy infrastructure as an opportunity to include decarbonisation, digitalisation and energy system integration in the Regulation’s objectives and the 10-year network development planning; stresses that investments to digitalise existing infrastructure can significantly improve its management through the use of digital twins, algorithms or Artificial Intelligence; supports the widening of the scope of the Regulation to energy infrastructure such as storage, hydrogen and CO2 infrastructure; calls for an integrated, coordinated network plan that includes progressively all energy carriers and infrastructure;
Amendment 142 #
2020/2241(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls for the mass deployment of renewable and decarbonised energy; encourages the Commission to proposeassess the feasibility of advancing more ambitious targets in order to increase the share of such energy in electricity generation, heavy industry, transport, construction, heating and cooling in the revision of Directive (EU) 2018/2001 on the promotion of renewable energy;
Amendment 147 #
2020/2241(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Recognises the progress achieved so far in integrating the EU's energy markets with those of the Energy Community Contracting Parties; highlights the importance of promoting cooperation on renewable energy; stresses the need to strengthen cross-border cooperation mechanisms in the upcoming revision of Directive (EU) 2018/2001 on the promotion of renewable energy, and the need to further remove barriers to the recognition and the trading of guarantees of origin;
Amendment 153 #
2020/2241(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes the adoption of the European Hydrogen Strategy; is convinced that hydrogen produced from renewable and decarbonised hydrogenelectricity can help reduce persistent emissions from industrial processes and heavy transport which cannot be decarbonised through the use of zero-carbon electricity; recalls also the need to decarbonise existing hydrogen productiodirect use of electricity; notes that renewable hydrogen must be deployed along with increased renewable electricity capacity in the EU; stresses that fossil-based low- carbon hydrogen can play a transitional role in supporting the expansion of hydrogen applications and demand; recalls the need to decarbonise existing hydrogen production; supports the launch of Important Projects of Common European Interest (IPCEI) on hydrogen;
Amendment 165 #
2020/2241(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Notes that renewable, carbon-free or low-carbon hydrogen can be converted to other types of gases, such as methanol or ammonia, which can be used as fuel for heavy-duty transport;
Amendment 166 #
2020/2241(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10 b. Calls on the Commission to elaborate a clear common terminology for hydrogen, based on the GHG emission reduction on the life cycle compared to the fossil equivalent, according to the approach set out by Article 25(2) of Directive (UE) 2018/2001 on the promotion of renewable energy;
Amendment 170 #
2020/2241(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to extend the obligation laid down in Directive (EU) 2018/2001 for Member States to issue guarantees of origin for low- and zero- carbon gases and for renewablespropose a common certification system for gases in Directive (EU) 2018/2001 on the promotion of renewable energy, starting with the obligation for Member States to issue guarantees of origin for renewable, carbon-free and low-carbon gases; encourages Member States to reduce the administrative burden related to certification of energy;
Amendment 185 #
2020/2241(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission to propose ambitious targets for the decarbonisation of road, maritime, rail and air transport; welcomes the Commission’s announcement of the deployment of one million charging points for electric vehicles; stresses the need to adapt the electrification networks for Europe’s vehicle fleet in the revision of Directive 2014/94/EU on deployment of alternative refuelling infrastructure; stresses the need to adapt the electrification networks for Europe’s vehicle fleet; underlines the potential for internal cooperation on the decarbonisation of transport across borders; highlights in this respect the critical role of the Transport Community to create synergies with neighbouring countries and accelerate the transfer of EU standards on transport emissions;
Amendment 210 #
2020/2241(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14 b. Regrets that a number of Member States have not yet reached their 10% electric interconnection target by 2020; calls on the Commission to better support national investments through the list of Projects of Common Interest; encourages the Commission to relaunch the work of the expert group on interconnection targets;
Amendment 214 #
2020/2241(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Highlights the need to reduce regulatory barriers, improve access to capital and further support energy storage projects along transmission and distributiReiterates that the European energy storage capacity is an essential source of flexibility; highlights the need to reduce regulatory barriers to the installation of storage equipment; calls on the Commission to assess how to eliminate the potential double taxation on storage projects in its forthcoming revision of Directive 2003/96/EC on Enetworks and at consumption sitesrgy Taxation;
Amendment 218 #
2020/2241(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Calls on Member States to improve access to capital for all energy storage projects, with an emphasis on the modernisation of existing infrastructure; calls on the Commission to further take into consideration the need for deployment of storage infrastructure in the next list of Project of Common Interest and in the revision of the Guidelines on State aid for environmental protection and energy;
Amendment 220 #
2020/2241(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15 b. Stresses the need to maintain a technology-neutral approach on sustainable storage; nevertheless, notes with concern the large dependence of the EU on imports of lithium-ion batteries; welcomes therefore the approach identified in the strategic action plan for batteries, notably the diversification of sources of raw materials, the full use of the EU trade policy to ensure sustainable and secure supply, and the development of incentives for circularity, as well as the establishment of the European Battery Alliance;
Amendment 229 #
2020/2241(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Recalliterates the role that green hydrogenPower-to-X technologies can play in balancing grids by using any, in particular by storing surplus renewable electricity production;
Amendment 232 #
2020/2241(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Stresses that there are various cost-efficient economic models for production, transport and consumption of hydrogen; calls on the Commission to consider this diversity of needs in its forthcoming legislative proposals; calls on the Commission to guarantee a fair and efficient competition between hydrogen that is imported from international partners and hydrogen that is produced in the EU;
Amendment 239 #
2020/2241(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Recalls the importance of interconnectors and cooperation between network operators; welcomes the establishment of regional coordination centres under Regulation (EU) 2019/943 on the internal market for electricity;
Amendment 248 #
2020/2241(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Commission to explore ways tof further encouraginge the development of a European market for demand-side flexibility; calls for the swift implementation of Directive (EU) 2019/944 on the internal market for electricity and its provisions on demand- side response;
Amendment 252 #
2020/2241(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Underlines the storage and flexibility potential of the deployment of 'vehicle-to-grid' technologies and notes that it will require the interoperability of energy systems and electric vehicles;
Amendment 255 #
2020/2241(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Stresses that a more decentralised and better integrated energy system requires better forecasting of energy demand; highlights, in this regard, the crucial role of statistical and meteorological data; calls on the Commission and the Member States to develop an internal market for digital energy technologies; stresses that this will require more common standards for data exchange; underlines the growing need to ensure data privacy and cybersecurity in an increasingly smart energy system;
Amendment 258 #
2020/2241(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Reiterates the crucial role of the Agency for Cooperation of Energy Regulators (ACER) in the energy system integration and the implementation of the EU energy legislation; calls on the Commission and Member States to make sure that the agency is provided with sufficient means to carry out its missions;
Amendment 274 #
2020/2241(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20 a. Welcomes the initiative to revise Directive 2003/96/EC on Energy Taxation; calls on the Commission and Member States to integrate the climate objectives to this Directive; stresses the need to revise its scope and differentiate fossil gases and fuels from renewable, carbon-free or low-carbon gases and fuels to incentivise the development of decarbonised alternatives;
Amendment 297 #
2020/2241(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Recalls that one of the objectives of the Energy Union is to reduce our import dependency; calls for the EU to learn from the current economic crisis and work towards more autonomy in strategic value chains; considers that the creation of synergies can help achieve this objective;
Amendment 306 #
2020/2241(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Stresses the importance of increasing the competitiveness of European technologies to ensure the autonomy of the Union in the strategic energy sector; calls on the Commission to support research and innovation through the various structural and sectoral funds; recalls the Union’s global leadership in satellite emission measurement technologies; , and in particular the Copernicus Atmosphere Monitoring Service; recalls the expertise of the European Centre for Medium- Range Weather Forecasts in predicting weather and therefore anticipating fluctuations in the energy demand;
Amendment 309 #
2020/2241(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24 a. Notes with concern that the conclusions of the 2020 Report on the State of the Energy Union highlight a decrease in research and innovation investments in clean energy technologies; reiterates the crucial role of the EU support for research and innovation, and particularly disruptive innovation; welcomes the increased budget for research in the Horizon Europe programme that was voted by the European Parliament, and the establishment of the European Research Area;
Amendment 311 #
2020/2241(INI)
Motion for a resolution
Paragraph 24 b (new)
Paragraph 24 b (new)
24 b. Highlights the value of the well- established European expertise on energy system integration, and calls on Member States to value this expertise and help transfer it the from the fossil energy sector to the renewable and low-carbon energy sectors;
Amendment 315 #
2020/2241(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Welcomes the initiatives undertaken for strategic value chains; calls for the establishment of an alliance for decarbonised energy technologies; calls on the Commission to encourage the participation of SMEs in theseEU alliances in order to involve more Member States;
Amendment 2 #
2020/2217(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
- having regard to the Member States Joint Declaration on Cloud of 15 October 2020;
Amendment 11 #
2020/2217(INI)
Motion for a resolution
Recital A
Recital A
A. whereas digitalisation hakeeps transformeding the economy, society and citizens’ daily lives, and whereas data, which is duplicated every 18 months, is at the heart of this transformation;
Amendment 21 #
2020/2217(INI)
Motion for a resolution
Recital B
Recital B
B. whereas data is an essential resource for economic growth, job creation and societal progress and is a key enabler of the transition to green and climate- neutral societies as well as in boosting Europe's global competitiveness;
Amendment 25 #
2020/2217(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas incentivising the use of data and increasing data access and availability, together with more legal certainty, will represent a competitive advantage for micro, SMEs and start-ups in order to reap the benefits of the digital transition;
Amendment 55 #
2020/2217(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the Union should be an active global player in setting rules and standards based on its values;
Amendment 66 #
2020/2217(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Commission communication entitled ‘A European strategy for data’; believes that it is a prerequisite for the EU to acquire a leading role in the data economy and for the viability of European industries and nascent AI, and a vital step towards a democratic data society, which will bring better services, growth and jobs;
Amendment 71 #
2020/2217(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Underlines that Artificial Intelligence (AI) relies on high-quality and increased data availability to create data sets able to train algorithms and improve their performance;
Amendment 72 #
2020/2217(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
Amendment 75 #
2020/2217(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes that the COVID-19 crisis has highlights the role of real-time dated how crucial the digital transformation and the availability of a wide range of technologies is for our economy and society, notably preserving continuity of all activities, and the role of real-time data; stresses that the ongoing emergency situation is showing shortcomings and vulnerabilities both at EU and Member States' level in the digital area;
Amendment 79 #
2020/2217(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Recalls the role Recovery and Resilience Facility should play in contributing to the digital agenda and supports the proposed 20% earmarking for digital for each national plan; calls on Member States to provide adequate resources for EU relevant programmes such as Digital Europe Programme, Connecting Europe Facility and Horizon Europe to support digital priorities, in order to improve Europe's competitiveness in the global digital economy and reinforce the Union’s strategic autonomy;
Amendment 84 #
2020/2217(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Stresses the need to continue addressing effectively the digital divide both across and within Member States, including by improving access to broadband and ICT services, thus promoting cohesion and economic and social development; regrets that currently only 60% of European remote and rural areas have access to high-speed broadband connections and highlights the role that satellites and other space-based assets and services will play in providing connectivity in those areas, building the preconditions for a full digital transformation;
Amendment 92 #
2020/2217(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Believes that the Union’s aim must be an EU-governed, human-centric, data- driven economy and society builtased on trust andhe EU values of privacy, transparency and respect of fundamental rights; and freedoms and thus built on trust and in the interests of European citizens and businesses, in compliance with data protection, competition law and intellectual property rights;
Amendment 99 #
2020/2217(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Notes that the data economy and the cloud infrastructure market is currently dominated by a restricted number of non-European players, acting as de facto rule-setters; stresses that this raises concerns over compliance with EU rules on data protection, market practices, security and users' control over strategic data;
Amendment 111 #
2020/2217(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes that a well-built data society21st century data- driven society should be designed in a way to benefits all, empowers workers instead of lowering their working conditions, and does not lead toing citizens, consumers, workers, entrepreneurs, researchers and to prevent inequality or digital gaps;
Amendment 113 #
2020/2217(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses that the increasing volume, development, sharing, storage and processing of industrial and public data in the Union is a source of growth and innovation that should be tapped; believes that this growth can be enhanced via a level playing field and strong multi-player fair market economy, competitive and open market economy; considers it crucial to ensure legal consistency of future proposals related to data with relevant existing legislation and international rules;
Amendment 120 #
2020/2217(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that the Union’s data strategy must support and contribute as much as possible to sustainability, the Green Deal and Union’s climate targets; urges to take appropriate measures to reduce the ICT sector's environmental footprint and greenhouse gas emissions, accompanied by detailed impact assessments, including by preventing planned obsolescence and by improving the energy efficiency of data centres; stresses that the Union's data strategy must also be in line with the objectives of the SME and Industrial Strategy to make sure that our industries are at the forefront of the digital transformation and are able to compete fully at global level;
Amendment 133 #
2020/2217(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Calls on the Commission to clarify further the notion of "public good" and "public interest" purposes for utilisation of data;
Amendment 138 #
2020/2217(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Supports the creation of a data governance framework for common European data spaces, subject to EU rules and covering interoperability, sharing, access and, portability and security of data, to enhance the flow and reuse of industrial and public data both at cross-sector and sector-specific level;
Amendment 141 #
2020/2217(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Stresses that the deployment of European data spaces should prioritise crucial economic sectors, the public sector and other areas of public interest and calls on the Commission to assess the addition of further data spaces in the future; considers that European data spaces should serve as an example for transparency and proper balance between all interests at stake;
Amendment 150 #
2020/2217(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Insists that the data governance model be built on a decentralised data operating environmenCalls on the Commission to assess thoroughly how to build the data governance model; notes that both centralised and decentralised data operating environments entail advantages and risks; acknowledges that the decentralised model offers more guarantees in terms of privacy safeguards and data minimisation, as less data is stored in central servers; stresses that the assessment should duly take into account the cybersecurity aspect;
Amendment 160 #
2020/2217(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls foron the creation of a Commission-led body that wouldCommission to set common Union-wide guidelines on data governance and to assess thoroughly the need to create a Commission-led body in charge of it, using existing staffing; cCalls foron the Commission to exchange regularly with all stakeholders such as citizens, civil society and businesses to be adequately represented inimprove the governance of data spaces;
Amendment 162 #
2020/2217(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Urges the Commission to build interoperable sectoral data spaces that follow common guidelines to avoid creating silos and preventing cross-sectoral innovations; stresses that the management of sectorial data spaces should complement or be in line with requirements and procedures foreseen in sectorial existing legislation in order to guarantee legal certainty;
Amendment 168 #
2020/2217(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Encourages the Commission to use data spaces to enhance trust, create common standards and build well-formed application programming interfaces (APIs), and to consider using pre-agreed sandboxes to test innovations and new business models as well as new data management and processing tools; considers it crucial to avoid any risk of unauthorised access to data spaces by third parties and to create tools to counter possible misconducts;
Amendment 177 #
2020/2217(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes the need to help private and public sector actors to identify the data they possess and catalogue and increaseat guidelines and frameworks resulting from the European data strategy should ensure that both private and public sector actors are able to capitalise on the data they generate and possess, increasing and incentivising the findability of data to fuel data spaces; calls on the Commission to fundexplore initiatives to improve the findability of metadata within data spaces;
Amendment 180 #
2020/2217(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Recalls the key role that will be played by "data intermediaries" as structural enabler to pool data and organise data flows; Welcomes the Commission’s plans for intermediatorries labelling/certification for creation of interoperable and non-discriminatory data ecosystems and markets open to all actors, notably in those sectors that will not be covered under the scope of Common data spaces;
Amendment 185 #
2020/2217(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Recalls that personal and non- personal data, such as industrial data, are not always separable or difficult and costly to separate with the result that a high amount of data remains currently unused; urges the Commission to define guidance on andlawful processing of data and on practices in the utilisation of mixed data sets in industrial environments while guaranteeing privacy rules for personal data, such as standardised criteria to ensure sufficient levels of anonymisation and aggregation, in accordance with data protection legislation; calls on the Commission to consider creating a horizontal and cross- cutting personal data space alongside other data spaces to address the challenge of mixed data sets and empower citizens via, for example, trustworthy intermediators such as MyData operators, which store data with the consent of the owners;
Amendment 191 #
2020/2217(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Recalls the importance of establishing a clear definition and clear rules on "data altruism", including the possible purposes such as for the public good; stresses that data donation should be conditional on informed consent and should always be revocable;
Amendment 199 #
2020/2217(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Urges the Commission to present a data act to encourage and enable an increasing and fair B2B, B2G, G2B and G2G flow of data in all sectors, inter alia clarifying rights of utilisation, notably in B2B, B2G market settings and enhancing the portability right of individuals under art 20 GDPR, avoiding lock-in effects;
Amendment 207 #
2020/2217(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Encourages the Commission to facilitate voluntary data sharing schemeincrease legal certainty for data sharing and facilitate voluntary schemes as well as more standardised contractual agreements, building on existing models and best practices, to incentivise the exchange of data, particularly for micro, SMEs and start-ups while taking duly into account the legitimate interests of companies related to trade secrets, sensitive data and Intellectual Property rights;
Amendment 216 #
2020/2217(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Notes that there are specific circumstances, such as systematic imbalances in B2B data value chains, including in contractual agreements, where access to data should be compulsory e.g. via well-formed APIsAPIs that ensure equal access to all players or implementing competition rules to counter business-to-business unfair or illegal practices, without altering the level playing field;
Amendment 219 #
2020/2217(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Considers it important to guarantee that technical support is provided to companies, especially micro, SMEs and start-ups, both at national and European level to enhance the use and sharing of data;
Amendment 222 #
2020/2217(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Commission to examine actors’ rights to access data they have been involved in generating and improve their awareness;
Amendment 227 #
2020/2217(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commissall EU Institutions and the Member States as well as local and regional administrations to lead by example and provide real-time services and a policy based on real-time data; stresses that digitisalisation represents an opportunity for Public Administrations (PAs) to reduce unnecessary administrative burdens and existing silos among public bodies and authorities, in order to manage effectively citizens' data;
Amendment 231 #
2020/2217(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls for more and better secondary uses of anonymised personal data, especially in G2B/G2G exchanges, to boost innovation, and research and servicesimprove services in the public interest;
Amendment 244 #
2020/2217(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. RemindsCalls on the Member States to fully implement the Open Data Directive, including by improving the publication of data, in terms of quality, timing and categories, and calls on the Commission and the Member States to respect Open Data Directiveits objectives when negotiating the implementing act on high-value data sets; Stresses the importance both for economy and society of wide reuse of public sector data free of charge which should be - to the extent possible - 'real-time' or at least up-to-date, easy to access and process thanks to machine-readable and user- friendly formats; calls for these data sets to include inter alia a list of company and business registers;
Amendment 260 #
2020/2217(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Commission and the Member States, in order to strengthen the Union’s technological sovereignty, to work on technologies that, including high capacity infrastructures that boost connectivity and facilitate data sharing and analytics, and to invest in capacity building and high-impact projects to promote research, innovation and deployment of digital technologies;
Amendment 271 #
2020/2217(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Recalls that the success of the Union’s data and AI strategies depends on the wider ICT ecosystem, closing the digital gap, developing the IoT, fibre, 5G, 6G, quantum, edge computing, block chain and high-performance computing; recalls that increased connectivity exposes to increased cyber threats and crime and in this context supports the joint and coordinated approach on the EU toolbox on 5G cybersecurity and the secure 5G deployment in the EU;
Amendment 283 #
2020/2217(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the Commission to promote competitive markets to support the development of European cloud offerings, e.g. Gaia-x; believes that the development of European cloud infrastructures is essential to store and process EU citizens’ sensitive data; calls on the Commission to make proposals to limit the handling of European sensitive data within the EU;
Amendment 285 #
2020/2217(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the Commission to promote competitive markets to support the development of European cloud offerings, e.g. Gaia-x which is a leading example of federated data infrastructures, creating an ecosystem that allows the scalability of EU cloud providers;
Amendment 289 #
2020/2217(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25 a. Calls on the Commission and Member States to co-invest in and create synergies among different spending programmes for the European cloud federation and for the deployment of the underlying high capacity connectivity infrastructures (e.g. submarine cables);
Amendment 294 #
2020/2217(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls on the Commission to develop a ‘cloud rule book’ that will represent a solid framework to enhance clarity and facilitate compliance for cloud services and inter alia to oblige service providers to reveal where data is stored and ensure users have sovereignty over their data and create synergies with code of conducts for data portability and cloud provider switching already foreseen in the Regulation on the free flow of non- personal data (FFD);
Amendment 301 #
2020/2217(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26 a. Welcomes the upcoming launch of a European Alliance for Industrial Data and Clouds and welcomes the efforts towards creating a European Alliance of Processors;
Amendment 302 #
2020/2217(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Emphasises the importance of trust and cybersecurity for a stable data economy; emphasises the importance of a culture of security for entities handling large amounts of data, especially with regard to the risks of cybercrime and cyberterrorism, as well as the risks of natural and technological accidents; urges the Commission to present solutions suited to market players of all sizes to anticipate and be prepared for all these risks;
Amendment 305 #
2020/2217(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Emphasises the importance of trust and cybersecurity for a stable data economy, notably in countering cyber threats against trade secrets; urges the Commission to present solutions suited to market players of all sizes, especially to micro and SMEs;
Amendment 311 #
2020/2217(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27 a. Welcomes the upcoming review of the Directive on security of network and information systems (NIS Directive) in order to improve cyber resilience and respond more effectively to cyber-attacks;
Amendment 317 #
2020/2217(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Recognises the potential of data access to accelerate scientific research; welcomes the Commission’s work in enabling the sharing of data for research; in the light of the current sanitary crisis, considers it crucial to speed up the creation of a European Health Data Space, which will improve research and enhance the ability to use data, including creating diagnostics that better match patients and medicines; welcomes the development of the European Open Science Cloud (EOSC) as an open, trusted and federated environment in Europe to store, share and re-use research data across borders;
Amendment 335 #
2020/2217(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Calls for public and private funding for micro and SMEs to fully capitalise on data economy’s potential;
Amendment 345 #
2020/2217(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Calls on social partners to explore the potential of digitalisation, data and AI to increase productivity, improve well- being of the workforce and invest in upskilling and reskilling;
Amendment 351 #
2020/2217(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Believes that global rules governing the use of data are inadequate; calls on the Commission to and that the European Union should lead the creation of international standards, notably on data storage and processing, working with like-minded third countries to agree on new international standards to govern the use of new technologies, such as AIin order to regulate the use of new technologies, such as AI, IoT and 5G, while promoting our values and principles and making sure that our market remains competitive and open to the rest of the world;
Amendment 361 #
2020/2217(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Calls for the free flow of data between the Union and third countries only when privacy, security and other legitimate public policy interests are met and when an adequate level of data protection is guaranteed e.g. via ad hoc adequacy decisions; calls on the Commission to negotiate new rules for the global digital economy, including the prohibition of unjustified data localisation requirements; recalls the importance of advancing in e- commerce negotiations at WTO level;
Amendment 302 #
2020/2215(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Recalls that stereotypes and taboo surrounding menstruation remain widespread in our societies, and that these can delay diagnosis of diseases such as the endometriosis disease, which despite affecting 1 women on 10 of reproductive age, being the first cause of women's infertility, causing chronic pelvic pain, has a median delay of 8 years for its diagnosis and for which there is no cure ; Calls on Member states to ensure comprehensive and scientifically accurate education about menstruation, to raise awareness and to launch major information campaigns on endometriosis targeting the public, healthcare professionals and legislators, and to invest on research about the causes and treatments of this disease;
Amendment 30 #
2020/2131(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas SMEs are vital for the development and resilience of European industrial value chains and contribute significantly to local, regional and national economies;
Amendment 54 #
2020/2131(INI)
Motion for a resolution
Recital F
Recital F
F. whereas many SMEs still lack full access to digitalisation; whereas focus on R&I and, entrepreneurial skills, digital literacy and advanced digital skills should accompany the enhancement of access to digital infrastructure and data;
Amendment 66 #
2020/2131(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. whereas digitalisation and deployment of innovative solutions will be crucial for SMEs contribution to the success of the European Green Deal;
Amendment 67 #
2020/2131(INI)
Motion for a resolution
Recital G b (new)
Recital G b (new)
G b. whereas innovation in SMEs is often the outcome of collaborative efforts in which businesses interact and exchange knowledge and information with partners as part of broader innovation systems;
Amendment 68 #
2020/2131(INI)
Motion for a resolution
Recital G c (new)
Recital G c (new)
G c. whereas grants are typically more likely than tax credits to reach SMEs or activities in which SMEs are more likely to be involved;
Amendment 72 #
2020/2131(INI)
Motion for a resolution
Recital H
Recital H
H. whereas mid-caps that do not meet the criteria to be classified as SMEs contribute significantly to employment and growth, especially in some Member States, and therefore require an additional and separate mid-cap definition, without prejudice to the definition of SME, in order to ensure that mid-caps with 250 to 499 employees can receive more assistance and be better promotedan EU SME definition is referred to in over 100 EU legal acts covering a wide range of EU policies;
Amendment 85 #
2020/2131(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls onfor a revived implementation of the Small Business Act (SBA), under which the Commission together with the Member States toshould adopt a concrete roadmap with clear timeline and targets, aiming to achieve a swift reduction in the number of rules by at least 30 %consistent improvements around the 10 principles recognised under the SBA; underlines the need for a consistent application of the ‘Think Small First’ principle and calls the Commission to reflect the outcome of the SME Test in each impact assessment supporting its proposals;
Amendment 95 #
2020/2131(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Welcomes the Commission plan to appoint a dedicated EU SME Envoy to bring more visibility to SMEs' concerns; Calls on the Commission to build on the existing “SME Performance Review” process and engage in an annual debate on the “State of the SMEs Union” to be held in the European Parliament plenary sitting;
Amendment 112 #
2020/2131(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recalls that SMEs will improve their access to global markets onlythe Single Market and the global markets only if confronted with a predictable regulatory framework and if supported by a structured and predictable ecosystem; recalls in this regard the role of chambers of commerce abroadnetworks, solid information resources and access to investment opportunities; recalls in this regard the role of chambers of commerce in Member States and internationally; Underlines the opportunity to strengthen the cooperation between the SME Envoy network and the national and local organisations representing SMEs; recalls that smaller and micro-enterprises risk exclusion from global markets in the absence of adequate support and accompanying measures stemming from EU trade policy;
Amendment 122 #
2020/2131(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Welcomes the achievements of the application of the Better Regulation principles so far; notes that further progress needs to be fulfilled, in particular in the realm of simplification and standardisation of forms and procedures, with the consistent implementation of the “once only” and “digital by default” principles, both at EU and Member State levels; underlines that the results of the SME Test reported in the impact assessment of future proposals should clearly demonstrate how the simplification would be attained in line with the “one in, one out” principle or, where possible, simplify even further (one in, two out);
Amendment 128 #
2020/2131(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Underlines that initiatives and programmes such as EIC, EIT, InvestEU and Digital Europe will be crucial in ensuring support to SMEs developing innovative solutions and breakthrough technologies, contributing to achieve EU technological leadership and future growth; Calls on the Member States to ensure the support to innovation opportunities for SMEs and maximise synergies with similar EU programmes in their national innovation strategies; stresses that innovative SMEs specialising in forefront technologies, such as AI, Big Data, VR/AR, sustainable transport, robotics, distributed ledger technologies, digital health, 3D printing, energy storage, innovative food production or recycling, rely on outside revenues to survive, especially in times of recession;
Amendment 134 #
2020/2131(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the opening of fast- track training pcommitment towards the Digital Europe Programmes, in digitalisation through the Digital Europe programme; stresses that training is instrumental to enhancing the skills of SME personnelparticular the establishment of a network of European Digital and Innovation Hubs that will, inter alia, tackle skills mismatches and encourage specialisation in digital technologies and applications by supporting the design and delivery of high quality trainings; welcomes the Commission promise to open fast-track training through Digital Crash Courses for SME employees1a to become proficient in areas such as blockchainAI, cybersecurity and artificial intelligence; calls on the Commission toor distributed ledger technologies, building on the experiences of the Digital Skills and Jobs Coalition platform; calls on the Commission to take stock of its findings after carrying out an ex post evaluations of these actions, in order to ensure that the programme meets its objectives are met;
Amendment 146 #
2020/2131(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls for EU innovation and digital policies and instruments to also support non-digital SMEs, particularly in traditional sectors where digitalisation is not well developed; notes that further action shall maximise access to information and take-up of digital technologies to professionalise business management and further explore use of cloud computing, AI and data analytics tools; deplores that most SMEs do not have access to the data they create; welcomes in this respect the European Data Strategy geared towards creating a genuine market for data, where SMEs will have easy access to and use of data;
Amendment 155 #
2020/2131(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Recalls the role of vocational training, which is essential for promottackling the absorption of graduates and unemployed workers into the labour market, and ensuring that SMEs can count on properly trained staffmismatch between skilled labour demand and supply; encourages Member States to make the best use of the forthcoming European Social Fund Plus (ESF Plus) and the European Regional Development Fund (ERDF) in synergy with the Digital Europe Programme and Horizon Europe;
Amendment 162 #
2020/2131(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Recalls that SMEs involved in traditional handicraftcreative sectors represent a particularly vulnerable segment of the SME network; acknowledges their economic and social value, and calls on Member States to ensure the sector’s competitiveness and access to information over innovation opportunities;
Amendment 169 #
2020/2131(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Regrets that SMEs are increasingly hindered by unfair competition from multinational corporations (MNCs), whose increasing prominence within the internal market has contributed to social dumping and labour deregulation, as well as the insolvency of many SMEs; calls for a rigorous and effective enforcement of competition regulation to ensure that SMEs benefit from the Single Market on a fair basis and harness the opportunity to scale-up;
Amendment 176 #
2020/2131(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Welcomes the Commission’s REFIT initiative to see if the SME definition is still fit for purpose; notes that clarity is needed on how entrepreneurs, self-employed workers, start-ups, cooperative businesses and mid-caps that face similar challenges to SMEs are considered;
Amendment 193 #
2020/2131(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that following the WHO’s pandemic alertimplementation of measures aiming at containing the spread of Covid-19, trade restrictions and supply chain disruptions have increased;
Amendment 203 #
2020/2131(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Urges Member States to implement the Directive on combating late payment in commercial transactions and calls on the Commission to assess the need for its revision; recalls that liquidity must be swiftly provided to SMEs, while measures for SME re- capitalisation should also be reinforced;
Amendment 215 #
2020/2131(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Regrets that no more than 600 000 SMEs are able tocurrently exporting outside the EU; welcomes the new portal created by the Commission to support SMEs through information on administrative procedures and international trade regulations; urges the Commission to ensure multilingual access to this tool; calls for additional instruments to be developed, in order to further support the internationalisation of micro enterprises and SMEs.
Amendment 229 #
2020/2131(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Urges Member States to acknowledge as top political priorities the protection of employment and SMEs’ production-capacity; urges them to put forward concrete measures to support SMEs at risk of insolvencwelcomes the SURE initiative aiming at covering the cost of national short-time work schemes; urges Member States to put forward concrete measures to support SMEs at risk of insolvency; welcomes the Solvency Support Instrument presented by the Commission as part of the Next Generation EU package and calls for this instrument to operate in a practical and efficient way to be operational as soon as possible, complementing actions taken by Member States; Calls on the Commission to actively support Member States in transposing the Directive on preventive restructuring to ensure a real second chance to SMEs in difficulty;
Amendment 233 #
2020/2131(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Regrets that numerous micro enterprises and SMEs are unable to access EU funding because of the excessive complexity of the relevant procedures and eligibility criteria; calls on the Commission to reduce such barriers, in particular by simplifying procedures and ensure online access to information;
Amendment 245 #
2020/2131(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Urges Member States to guarantee equitable access to bank lending for SMEs; notes the importance of traditional banking models, including small regional banks, savings cooperatives and public bodies;
Amendment 259 #
2020/2131(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls for increasing SMEs’ share of government contracts obtained fromopportunities in participating in public procurement by safeguarding SMEs’ access and combatto information, procedure simplification and avoiding tendering criteria that set demands or qualifications beyond the fundamental elements of the service or goods purchased;
Amendment 274 #
2020/2131(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Notes that the COVID-19 crisis has pushed SMEs towards innovative technologies and digital business models, such as e-commerce and the sharing economy, and calls on the Commission to ensure that R&I investment is geared towards SME participation; stresses the need to strengthen SMEs cybersecurity standards, ensuring that responsible authorities and administrations should collaborate with the private sector to develop one-stop-shops in the Member States to facilitate access to information, guidelines and advice for SMEs to identify and implement action to increase cybersecurity in their activities;
Amendment 277 #
2020/2131(INI)
20 a. Stresses that investments in innovation should prioritize ecosystems that are inclusive of SMEs and that strengthen co-creation, maturation and transfer of excellent technology to industry as well as the uptake of new technologies, while encouraging businesses to scale up,: notes that the European Institute of Innovation and Technology (EIT) will be crucial in this regard; notes that equity and loan-based funding should be reserved to SMEs involved in ‘close-to-market’ activities and projects in the higher Technology Readiness Levels;
Amendment 283 #
2020/2131(INI)
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20 b. Calls the Commission and the Member States to ensure that, whenever possible, R&I instruments, such as the EIC Accelerator, offer fast-track opportunities to start-ups that are developing innovative technologies that can support, for example, the testing, treating or monitoring of the COVID-19 outbreak;
Amendment 284 #
2020/2131(INI)
Motion for a resolution
Paragraph 20 c (new)
Paragraph 20 c (new)
20 c. Welcomes the enhanced role that InvestEU will play within the Recovery plan, in particular the SME window shall serve as the main financial tool to consolidate SMEs business models, helping them to invest into corporate governance practices, skills and projects that foster competitiveness and market- based innovation;
Amendment 285 #
2020/2131(INI)
Motion for a resolution
Paragraph 20 d (new)
Paragraph 20 d (new)
20 d. Welcomes the inclusion of SMEs in the European Space Programmes, including in the development of many downstream services and applications; recognizes the key role that SMEs play in the defence supply chains in Europe, and welcomes the new opportunities for SMEs within the European Defence Fund;
Amendment 290 #
2020/2131(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Regrets that only 17 % of SMEs have so far successfully integrated digital technology into their businesses, and calls for instruments such as the Enterprise Europe Network and the Digital Innovation Hubs to be reviewed in order to assess andmonitored and reformed accordingly in order to improve their effectiveness;
Amendment 304 #
2020/2131(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
Amendment 309 #
2020/2131(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Recalls the need to actively involve SME representatives in policy-making in order to reach a sustainable approach to the Green Deal objectives, which need to be based on accurate sustainability assessments; welcomes the Commission proposal to provide Enterprise Europe Networks with dedicated Sustainability Advisors;
Amendment 311 #
2020/2131(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23 a. Calls the Commission and the Member States to launch a European Renovation Wave, which could support struggling SMEs across Europe, boosting the energy and the construction sector, while providing benefits for the businesses and spurring local renewable energy sources; stresses the need for private investment and European Funds to prioritise SMEs through renovation and retrofit projects, financial and fiscal incentives; underlines the role of the Just Transition Fund in financing, inter alia, upskilling and reskilling workers for construction and renovation sectors where SMEs account for 97% of their operators;
Amendment 314 #
2020/2131(INI)
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23 b. Regrets the absence of measures specifically targeted to SMEs in the EU Strategy for Energy System Integration1a; stresses that SMEs are essential in building a smart, digital and resilient energy infrastructure and their role shall be encouraged; calls the future PCIs lists to prioritise projects that include SME applicants; _________________ 1aCOM(2020) 299 - "Powering a climate- neutral economy: An EU Strategy for Energy System Integration"
Amendment 320 #
2020/2131(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Recalls that achieving climate neutrality is a global challenge, and notes that the evaluation of a carbon border mechanism can play an essential, designed in compliance with WTO rules, could play a significant role in protectenhancing the competitiveness of European SMEs, while pushing for the adoption of higher environmental standards by the EU’s international trade partners;
Amendment 1 #
2020/2127(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Reiterates the importance of the European Union Solidarity Fund (EUSF) in providing financial assistance to Member States and regions hit by natural disasters; takes note of the recent revisions made to the instrument; welcomes the recent extension of the EUSF’s scope to major public health emergencies; recalls the increases made to the advance payments of the EUSF, which increased the value of advance payments from 10 % to 25 % of the anticipated financial contribution and the upper limit from EUR 30 million to EUR 100 million;
Amendment 5 #
2020/2127(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that the number and severity of emergencies is unpredictable; remains concerned about the EUSF’s annual ceiling for the period 2021-2027; regrets that, due to budgetary constraints, countries applying for support as a result of the COVID-19 pandemic in 2020 will receive under 50 % of the potential aid amountcalls that, for the budgetary period of 2021-2027, the EUSF was merged with the Emergency Aid Reserve in the Solidarity and Emergency Aid Reserve (SEAR), with a maximum annual ceiling of EUR 1,2 billion; notes that, due to budgetary constraints, countries applying for support as a result of the COVID-19 pandemic in 2020 will receive under 50 % of the potential aid amount; considers it necessary to monitor the management of SEAR in order to see whether the funding amount and allocation key provided have an effect on the effectiveness of the EUSF, in view of the extension of its scope and the scale;
Amendment 8 #
2020/2127(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. SNotes that on average, the time taken to deploy the full grant on the ground is about 1 year; stresses the need for rapid mobilisation of the EUSF; recalls that the effects of disasters and emergencies are often difficult to gauge; calls, therefore, for timely and flexible assessment of eligible expenditure, in line with the principles of sound financial management, as well as hands-on support to Member States, in particular for damage estimation; highlights that effective implementation of the EUSF grant is contingent upon effective governance structures and institutional coordination in the affected Member State; calls on the Commission to ensure the dissemination of good practices with regard to governance and the use of institutional coordination structures in disaster situations;
Amendment 14 #
2020/2127(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Emphasises the curative nature of the EUSF, and therefore the need for effective synergies with other Union policies and programmes, in particular with the European Structural and Investment Funds, the European Green Deal and those supporting disaster prevention and risk management; calls for a revision of the EUSF to ensure that ‘build back better’ is incentivised;
Amendment 17 #
2020/2127(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Regrets the lack of visibility of the EUSF, which means the role of the Union is not always clearly demonstrated; regrets that the EUSF Regulation contains neither an obligation to publicise EUSF support nor any reporting requirement on this.; highlights that good practices have been identified in affected Member States for communicating about EUSF support, such as the use of flags and EU logos; calls on the Member States to publicise the EUSF financial assistance and to signal the works and services that will be financed by the EUSF;
Amendment 16 #
2020/2076(INI)
Motion for a resolution
Citation 21 a (new)
Citation 21 a (new)
- having regard to the European Council conclusions of 22 March 2019 (EUCO 1/19),
Amendment 28 #
2020/2076(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the Union requires a new industrial strategy that makes its industries more globally competitive, resilientinnovative, inclusive, resilient, digitalised and environmentally sustainable; whereas such a strategy should cover the transition of European industries to digitalisation and climate-neutrality, strengthen European leadership and competitiveness and decrease dependency from other parts of the world in strategic value chains, while preserving an open market, prioritising the ‘energy efficiency first’ principles, energy savings and decarbonised and renewable energy technologies;
Amendment 53 #
2020/2076(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the Union’s industrial strategy should ensure the correctfull functioning of the single market, create a level playing field inside and outside EU in particular by making reciprocal access to markets a principle and ensure easier access to finance, raw materials and markets, in addition to ensuring appropriate levels of investment, research and innovation, education and skills to boost competitiveness and sustainability;
Amendment 56 #
2020/2076(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the Union’s sovereignty and strategic autonomy require an autonomous and competitive industrial base and a massive effort in research and innovation; whereas the industrial strategy should contain an action plan to strengthen shorten and diversify the supply chains of European industry in order reduce over-reliance on few markets and increase their resilience as well as a strategy on smart reshoring to increase the production and investments in strategic sectors, redeploy industries in Europe and relocate industrial production in some strategic sectors for the EU;
Amendment 72 #
2020/2076(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the COVID-19 pandemic and its fallout have created an unprecedented economic downturn in Europe; whereas, all sectors of the economy have been impacted ,in particular SMEs across sectors, and some have come to a complete standstill; this is particularly the case for the tourism and catering industry, the creative and cultural industry, but also for more traditional industries (automotive, building, space, aeronautics, aluminium, steel, textiles, etc.); whereas in this context any future- looking industrial strategy should start by addressing industrial recovery while taking into account industrial long-term objectives;
Amendment 86 #
2020/2076(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the COVID-19 pandemic, that has led to a shortage of medical devices and medicinal products, has once again revealed that Europe is over- dependent on foreign imports of raw materials and particularly for strategic sectors;
Amendment 97 #
2020/2076(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the economic downturn demonstrated the crucial role played by social shields in the event of economic shocks and the importance of ensuring access to social protection for all, especially for young, atypical or vulnerable workers;
Amendment 102 #
2020/2076(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Is of the opinion that digital and environmental transitions and strategic leadership and autonomy should be at the very core of all Unions strategies until 2050; in this context, calls on the Commission to define a comprehensive industrial strategy which manages these transitions, fosters transformation and guarante, creates long-term growth and global competitiveness based on innovation and strategic value chains, strengthens the entrepreneurial spirit, encourages the creation and upscaling of start-ups and companies and improves the Union’s strategic resilience and autonomy;
Amendment 123 #
2020/2076(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. ICalls for an inclusive industrial strategy that include all industrial ecosystems, SMEs, regions, communities and workers in its development and its implementation; is aware that market dynamics alone do not bridge the fractures created during the transformation process if there is no proper management of the transitions and no strong industrial policies; is, furthermore, aware that while markets, competition and innovation push fast towards transformation, it is society and the environment that face the impact of these transformations; considers that balancing out the number of jobs lost in traditional industries with new jobs created in the digital and environmental sectors is not enough in itself as these new jobs are neither created in the same regions nor taken up by the same workers; calls on the Commission, therefore, to ensure that these transitions are fair and socially just, and that every action aimed at accelerating a transformation process (digital, environmental, etc.) is accompanied by a corresponding initiative to up-skill and reskill workers, with the aim of managing the effects produced by that accelerated process on both regions and peoplEuropean production of essential products such as emission-intensive materials is transformed into a cleaner alternative rather than replaced by imports of the same products and that these transitions are fair and socially just, go hand-in-hand with the full implementation of the European Pillar of Social Rights, improved social and living standards and good working conditions, and that every action aimed at accelerating a transformation process (digital, environmental, etc.) is accompanied by a corresponding initiative to up-skill and reskill workers, with the aim of managing the effects produced by that accelerated process on both regions and the most vulnerable people; calls on the Commission and the Member States to anticipate and map the industry needs for skilled labour in order to deliver skills strategies that overcome labour demand and supply mismatch, to develop knowledge-based economy that empowers citizens to adapt and accelerate the digital and environmental transition; call on the Commission to make full use of and increase the amounts allocated to the European Globalisation Adjustment Fund to financially support workers made redundant, as a result of restructuring due to Covid19 or due to the digital and environmental transformations, in their retraining, re-skilling and reintegration into the labour market in sectors of the future;
Amendment 151 #
2020/2076(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers, in the current context, that the Union requires a new, tailor-made industrial strategy that focuses on two distinct phases; the first aimed at recovery and the second aimed at reconstruction and transformation; considers nevertheless that the investments which, from the recovery phase onwards, support and accelerate the digital and environmental transformation and strengthen the autonomy of the Union should be encouraged; calls on the Commission, therefore, to adapt the strategy published in March 2020 to the current situation and address both phases, while keeping the digital and environmental objectives, the Union’s sovereignty and its strategic autonomy as priorities throughout;
Amendment 152 #
2020/2076(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers, in the current context, that the Union requires a new, tailor-made industrial strategy that focuses on two distinct phases; the first aimed at recovery and the second aimed at reconstruction and transformation; calls on the Commission, therefore, to adapt the strategy published in March 2020 to the current situation and address both phases, while keeping the digital and environmental objectives as priorities throughout; calls on the Commission and the Member States to take into account when granting funds that the recovery phase represents an opportunity to accelerate the transformation of our industries towards a greener, innovative, inclusive and sovereign Europe;
Amendment 164 #
2020/2076(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses the importance of coherent and coordinated EU approach in supporting European industries, in particular SMEs and safeguarding the employment in Europe for preserving and strengthening the Single market to the benefit of European citizens and businesses;
Amendment 173 #
2020/2076(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the measures taken by the Union to deal with the COVID-19 crisis, the injection of liquidity by the ECB, the relaxation of the rules of the Stability Pact, the increase in the EIB’s capital for SMEs and the SURE initiative to help Member States finance short-time working arrangements, maintain employment and protect workers; welcomes the Temporary State Aid framework as a way to promptly transfer liquidity where urgently needed; calls on the Commission nonetheless to ensure that the aid provided in the emergency phase is justified by the consequences of the pandemic, does not lead to permanent distortions in the single market; and that no strategic sector is neglected;
Amendment 186 #
2020/2076(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Welcomes the Commission proposal to create a new recovery instrument, Next Generation EU of €750 billion; calls for an ambitious and stronger long-term EU budget for 2021- 2027, having regard to the Resolution of the European Parliament on the new multiannual financial framework, own resources and the recovery plan (2020/2631(RSP));
Amendment 188 #
2020/2076(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Welcomes the identification of 14 ecosystems by the Commission and the inclusive approach of bringing together all actors operating in a value chain in order to promote European leadership in strategic sectors and competitiveness on the global stage; underlines the need to ensure that SME will thrive within each ecosystem;
Amendment 189 #
2020/2076(INI)
Motion for a resolution
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Welcomes the enhanced InvestEU, with its new window on strategic investments that should play a key role in the first phase of recovery for the strategic autonomy of the EU;
Amendment 204 #
2020/2076(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission to include in the recovery plan a strategy to redeployattract industries in Europe, to increase and to relocate industrial production in strategic sectors; calls, moreover, on the Commissionin this regard, encourages the use of incentives such as requiring the purchase of a higher degree of local (EU/EEA) production from sectors receiving aid temporarily and the introduction of a new conditionality for access to funding; calls, moreover, on the Commission to assess the feasibility of setting up strategic stocks for certain critical products and to adopt a stronger stance on unfair global competition and predatory acquisitions by SOEdirectly or indirectly supported by states and sovereign funds; is of the opinion that, in this context, the Union should implement a provisional TDI scheme while carrying out a longer-term reflection on reciprocity in market access and without delay, strengthen the EU foreign investment screening framework; welcomes the Commission’s white paper on foreign subsidies;
Amendment 233 #
2020/2076(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Highlights that, during this critical phase and afterwards, the Union should better protect its market in strategic sectors, in particular by restricting access to some public procurements, introducing a European preference and European certifications for defined strategic sectors and block takeovers and FDI that could further increase its dependency on foreign powers;
Amendment 247 #
2020/2076(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls for a rapid reform of European competition policy to enable the creation of European leaders in the global market; considers urgent for the Union to review its definition of the relevant market, which must be analysed at global level so that it no longer constitutes a barrier to the global competitiveness of our industries;
Amendment 251 #
2020/2076(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Is of the opinion that the industrial recovery plan should help to create new ambitious and innovative European industrial projects which go hand in hand with the current revision of the guidelines for ‘Important Projects of Common European Interest’ (IPCEI), in order to encourage the emergence of European leaders in strategic industrial sectors that are capable of competing on a global scale and to facilitate the participation of SMEs in future IPCEIs; calls on the Commission to consider a revision of its 2014 guidelines to include the resilience of strategic value chains in the common European interest and European sovereignty in strategic areas as criteria for defining IPCEIs; calls in particular for the health value chain to be swiftly structured within an IPCEI covering health products essential to fighting ongoing and future sanitary crises (PPEs, MDs, antibiotics, vaccines…) as well as innovative health products (biotechnologies, e-health);
Amendment 268 #
2020/2076(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Welcomes the launch by the Commission of new industrial Alliances which have demonstrated their potential added value for EU competitiveness; Calls on the Commission to launch more new Alliances in the sectors of space, aeronautic health, critical raw materials, and renewable energies, medical equipment, medical personal protective equipment and vital pharmaceutical production for lowering EU dependence on import from third countries;
Amendment 274 #
2020/2076(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Considers innovation as the key driver for economic recovery and growth; Highlights that funding in research and innovation is essentials in this recovery phase; Calls on the Commission to encourage the pooling of resources on research and innovation on an EU-wide scale, increase entrepreneurial spirit and create a new ambitious, creative and innovative environment for European business and industrial projects;
Amendment 276 #
2020/2076(INI)
8c. Welcomes the Industrial Forum initiative of the Commission; calls on the Commission to ensure a continuous dialogue as well as an effective and fully transparent governance approach that oversees implementation and stimulates synergies between regulations, instruments and private funding;
Amendment 290 #
2020/2076(INI)
Motion for a resolution
Paragraph 9 – point b
Paragraph 9 – point b
b. will be managed directly, when possible, by the Commission through European programmes in order to avoid furthermove forward in a more coordinated way, to better impact the global market and to avoid the risk of distortion of the single market;
Amendment 297 #
2020/2076(INI)
Motion for a resolution
Paragraph 9 – point c
Paragraph 9 – point c
c. distributes the financial aid among the different industrial sectorosystems according to the damage suffered, the challenges faced and the amount of national financial support already received through national aid schemes taking into account the structural interdependencies between the different value chains;
Amendment 311 #
2020/2076(INI)
Motion for a resolution
Paragraph 9 – point e
Paragraph 9 – point e
e. gives preference to companies and SMEs that focus their business plans on digital and environmental transformation or that are necessary for the autonomy strategic of the Union in critical sectors;
Amendment 326 #
2020/2076(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Highlights the need to support a sustainable and fair recovery beyond the COVID-19 crisis in order to enhance growth and autonomy in the EU by increasing investment in the digital and green transitions; asks the Commission to support an ambitious Recovery Fund that is within the framework of a stronger MFF and is integrated in the own resource decision, and to pursue fiscal policy coordination to strengthen the European fiscal framework; in this regard, highlights the position of the European Parliament on the reform of the EU own resources system, including the introduction of new resources that are better aligned with and incentivise progress in major EU policy priorities such as a digital services taxation, a financial transaction tax, proceeds generated by the establishment of a common consolidated corporate tax base, income from the emissions trading scheme, a plastics contribution and a carbon border adjustment mechanism; is of the opinion that, after the peak of the pandemic, the Fund should become a permanent Reconstruction Fund to foster the digital and green industrial transitions;
Amendment 340 #
2020/2076(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to strengthen its impact assessment practice and to carry out a detailed impact assessment of the potential costs and burdens for European companies and SMEs before presenting new proposals for legislation or adopting new measures especially when a traditional industry has to adapt because of regulatory decisions; calls on the Commission to propose commensurate support to the affected sectors whenever a negative impact cannot be avoidedin order to keep a strong European industrial basis;
Amendment 350 #
2020/2076(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Stresses the strategic and fragile nature of the European space industry, 90% made up of SMEs, and the need for rapid support in order to avoid laborious reconstruction;
Amendment 366 #
2020/2076(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that oncein parallel to the emergency phase is over, the Union should embark on aprepare and anticipate the second phase of its industrial strategy: ensuring the competitiveness, resilience and sustainability of its industriestowards a greener, innovative, inclusive and sovereign Europe in the long term;
Amendment 368 #
2020/2076(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Considers that the Union requires a green industrial strategy aligned with the Paris Agreement, that places the objectives of the Green Deal (the fight against climate change and the protection of environmental health and biodiversity) at the centre of European economic policy; the strategy must therefore accelerate the transformation of our industry towards a carbon-neutral industry and fill the gap in climate investment in Europe, which is necessary for the transition to climate neutrality;
Amendment 375 #
2020/2076(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Highlights the need to increase market opportunities and investment in European value chains conducive to the massive deployment of green technologies, in sustainability and reparability of products and in the creation of markets for circular and climate-neutral products in accordance with the action plan for the circular economy. recalls in this regard the potential of the digital sector in reaching a European climate-neutral economy, and the need to reducing its carbon footprint;
Amendment 382 #
2020/2076(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Highlights the potential of the circular economy for modernising the Union’s economy, reducing its energy and resource consumption, providing incentives for innovation and transforming whole industrial sectors and their value chains, with a huge potential to create jobs at local level; encourages the development of new ecodesigned technologies and solutions to prevent environmental impacts; stresses the need to implement the new circular economy action plan and encourage sustainable production;
Amendment 398 #
2020/2076(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Highlights that the renovation wave provides great opportunity for the EU´s building and energy sector and for the innovative solutions if the energy and resource efficiency principles are fully followed; calls on the Commission to develop standards for materials, eco- design in building sector and controls; stresses the need for climate-neutral building stocks and, harmonization of the sustainable assessment of buildings in Europe and to enable an easier integration of structural and sustainability criteria into the design process;
Amendment 403 #
2020/2076(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Highlights the potential of Green Mobility to create new jobs, boost European industry, and reduce emissions from the transport sector; calls for more investments in high-speed trains and renovation of inter-city rail networks and for more investments in public transport through fuel cells and hydrogen; stresses the need to promote green mobility by investing in better infrastructure such as more widespread charging stations; considers a higher density of charging stations will allow the market for electric vehicles to expand significantly, faster, causing a positive impact on our carbon footprint; calls, therefore, on the Commission to submit a large scale strategy for the rollout of fast EV- charging infrastructure to secure uptake of EVs by consumers, giving them certainty of the technology’s potential and access to a close-knit net of compatible charging infrastructure and to support European-based car manufacturing;
Amendment 408 #
2020/2076(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Considers that, if the appropriate regulatory, technological and economic conditions are met, there is significant potential in domestic and global markets for low-emission technologies and sustainable products, processes and services throughout the whole value chain from raw materials to energy-intensive industries, manufacturing and the industrial services sector; considers, moreover, that the Climate Law is a first step towards enshrining 2030 and 2050 climate targets into Union legislation; believes that a more holistic and systematic target framework is also required in order to ensure policy coherence across all Union policies and a homogenous governance approach in all policy areas, paving the way towards a clear and stable strategy for European industries providing the necessary legal certainty for investors, especially SMEs; considers that industrial green transformation requires public and private investments in favour of the development of sustainable mobility, the decarbonisation of industry and particularly energy, and the renovation of buildings;
Amendment 434 #
2020/2076(INI)
15. Maintains that a truly effective European industrial policy needs a dashboard of climate targets as a roadmap to shape the industry of the future; considers that all sectors should contribute towards achieving the Union’s climate objectives and, in this regard, underlines the importance of gas and nuclear as a means of energy transition and hydrogen as a potential breakthrough technology; calls also for greater attention to be paid to network security and energy supplywelcomes the launch of a Clean Hydrogen Alliance and a low-carbon industries Alliance; stresses the need to accelerate research on large-scale hydrogen and green fuel production, carbon capture and storage technologies and to explore potential use of geothermal source of energy; calls also for greater attention to be paid to network security, infrastructures, and secure supply of clean and affordable energy and raw materials; calls on EU institutions, Member States, regions, industry and all other relevant players to work together to improve Europe energy efficiency and create lead markets in clean technologies; calls on the Council to increase spending from the EU budget on climate change efforts; calls on the Commission to ensure that industries with high carbon leakage do not benefit from EU subsidies, that the transition of industries whose finished product is not compatible with the objectives of the ecological transition be supported and for better use to be made of the EIB, as the Union’s ‘Climate Bank’, to enhance sustainable financing to the public and private sectors and to assist companies in the decarbonisation process, and to use the Border Carbon Adjustments mechanism as a; stresses that the steel industry is particularly exposed to unfair competition; calls on the Commission to step-up its carbon leakage protection including for small and medium-sized industries and to use the Border Carbon Adjustments mechanism and Carbon-Contracts-for- Differences, which are inconformity with the WTO rules, as a necessary way to protect EU manufacturers and jobs from unfair international competition;
Amendment 503 #
2020/2076(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Highlights the need to support a just transition, and believes that a well- designed Just Transition Mechanism, including a Just Transition Fund, would be an important tool to facilitate the transition and reach ambitious climate targetsclimate neutrality while addressing social impacts; stresses that robust financing of this instrument, including additional budgetary resources, would be a key element for the successful implementation of the European Green Deal and a fair and equitable sharing of financial support between the regions most affected, would be a key element for the successful implementation of the European Green Deal; in this regard, welcomes the revaluation of the Just Transition Fund within the framework of Next Generation EU;
Amendment 532 #
2020/2076(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Highlights that the competitiveness of European industry can only be backed by an efficient infrastructure network; calls for a long-term investment policy for equipping and renovating infrastructure and for reducing the administrative barriers which hinder the progress of the trans-European networks; calls for more funding for Connecting Europe Facility in order to boost investments in electricity infrastructures, interconnections, digitalisation and smart grids; stresses the need to expedite green Projects of Common Interest (PCI), and revise the Trans-European Energy Networks (TEN- E) Regulation as soon as possible. In particular, in the expected revision of the TEN-E, the Commission should recognise investment in building renovations, including public buildings, as a PCI;
Amendment 538 #
2020/2076(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Highlights the need to support production of batteries and the recycling of metal in Europe; stresses the need to ensure that the industrial strategy will be aligned with the upcoming initiative of the Commission on batteries;
Amendment 539 #
2020/2076(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Considers it imperative to digitalise the Union’s industries, including traditional ones; calls on the Commission to invest, inter alia, in the data economy, artificial intelligence, smart production, mobility, and resilient and secure very high-speed networks; invites the Commission, in this respect,the Union requires an innovative industrial strategy that accelerate the digitisation of our industries and SMEs including traditional ones, enhance the EU industrial capacity in critical digital infrastructures and strengthen the digital and data single market; considers the Union must support businesses in the automation and digitisation of their know-how and training and investment in digital equipment (hardware and software) for businesses; underlines the importance of the Digital Europe -programme for improving the digital capabilities of SMEs and accelerating the adoption of enabling and emerging technologies in industries; encourages the creation of digital innovation hubs across the EU; calls on the Commission to invest, inter alia, in the data economy, artificial intelligence, smart production, mobility, supercomputing, cloud, quantum technology, resilient and secure very high-speed 5G and 6G networks, blockchain, robotics, batteries and satellite internet; invites therefore the Member States and the Commission, in this respect, to ensure a timely implementation of the relevant key measures recommended in the 5G cybersecurity toolbox and in particular to apply, where appropriate, the relevant restrictions on high risk suppliers for key assets defined as critical and sensitive in the EU coordinated risk assessments and to assess the effectiveness of co-financed National Tax Credit schemes that could complement or replace traditional ‘on demand’ grants/tender-based support, especially for SMEs; highlights the importance of the European Regional Development Fund (ERDF) and the Cohesion Fund (CF) in supporting job creation, business competitiveness, economic growth and sustainable development and calls for these funds to have a stronger focus on research and innovation and to be better linked with Horizon Europe and the Digital Europe Programme;
Amendment 556 #
2020/2076(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
Amendment 574 #
2020/2076(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commission to implement a single European digital and data market, to promote the secure exchange of data among companies and among public institutions, to develop and process data on European soil, in particular data from public bodies, to build a better digital taxation system in which profits are taxed where companies have significant interaction with users, and to further develop European standards on cybersecurity, in particular for critical infrastructure; and certification on cybersecurity and disruptive technologies, in particular for critical infrastructure; therefore the protection of critical European data in such critical infrastructures should be guaranteed through an assessment of service and technology providers to meet security as well as trustworthiness criteria modelled on the EU 5G toolbox. calls for the swift implementation of the European Data Strategy and the adoption of the Digital Services Act;
Amendment 594 #
2020/2076(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Considers that industrial transformation requires the integration of new knowledge and innovation into existing markets and their use in the creation of new ones; regrets, in this respect, that the Union invests less in R&D as a percentage of GDP than its global competitors and that it suffers from a serious lack of innovative capacity in small and medium-sized enterprises due to a shortfall in the necessary risk capital; highlights the need to increase considerably spending on research, development and innovation as key element to achieve the twin transition, improve strategic leadership and autonomy and increase long-term competitiveness; calls on the Member States to uphold their commitment of reaching 3% of GDP on research and development; Considers an increase of the funding of Horizon Europe as well as Digital Europe programs and Connected Europe Facility (digital and energy) is needed to achieve the ambitious targets. recognise the effective support of European Innovation Council (EIC) and the European Institute for Innovation and Technology (EIT) and calls to strengthen their missions; calls for a public-private collaboration to promote the transfer of knowledge and technology from research centres and universities to the industrial process, taking advantage of the industrial ecosystem scheme; calls on the Commission to increase the budget for those programmes that underpin the transformation of the Union’s industry, including Horizon Europe and Digital Europe (DEP), and to foster synergies between regional, national, European and private financial sources by taking advantage of synergies among all Union programmes; calls on the Commission to target as a priority the whole range of decarbonised and renewable industrial processes; acknowledges the importance of intellectual property protection to incentivise R&D investments necessary to ensure continued participation of EU industry in the development of key technologies like 5G and 6G, necessary to achieve the EU 2025 connectivity objectives;
Amendment 612 #
2020/2076(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Calls on the Commission to invest in the construction of an efficient and competitive European military-industrial complex by making optimal use of instruments such as the Defense Fund to support the sector in terms of research, development and prototyping and the development of industrial processes; welcomes the creation of DG DEFIS that it provides the administrative capacity for achieving this objective;
Amendment 623 #
2020/2076(INI)
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20b. highlights the relevance of Institutional Partnerships under Horizon Europe as efficient tools to promote R&I efforts within strategic industrial ecosystems;
Amendment 630 #
2020/2076(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Is of the opinion that ecosystems will be key components of the next industrial revolution, providing affordable and cleaner energy, transformative manufacturing and service-provision methods; believes, moreover, that supporting collaboration among industry, academia, SMEs, start-ups, trade unions, civil society, end-user organisations and all other stakeholders will be key to solving market failures and supporting efforts to cross the ‘valley of death’, including in areas not yet covered by industrial interests; calls for a governance of these ecosystems that integrates all relevant stakeholders form the industrial sectors which are key to achieve the energy and digital transition; considers that ecosystems should play a role in the definition of solutions and measures to be adopted in order to implement the European industrial strategy; recalls that sectorial action plans announced within the Green Deal and the industrial strategy as well as work already undertaken in previous European industrial forums, in particular the Strategic Forum for IPCEIs, should all be taken into account in the future work of industrial ecosystems;
Amendment 648 #
2020/2076(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Highlights the potential role of the regions in achieving the European industrial ambitions; believes that interregional cooperation aimed at the sustainable and digital transformations, as in the Smart Specialisation strategies, are to be strengthened in order to stimulate regional ecosystems; therefore asks the Commission to support the development of tools which can provide a clear roadmap for regions with a tailor- made approach to secure industrial leadership;
Amendment 654 #
2020/2076(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Considers public procurement to be a crucial driver of industrial transformation; calls on the Commission to study how to fully use the leverage of public expenditure and investment to achieve policy objectives, including by making environmental and social criteria mandatory in public procurement and by setting up mandatory reporting obligations for the Commission and the Member States; calls on contracting authorities to systematically use an approach based on the best price-quality ratio over the lifetime of the products and services; encourages contracting authorities to use the provision (Article 85 of the Utilities Directive) which makes it possible to reject bids if more than 50% of the value is added outside the EU so as to favour industrial jobs in Europe; calls on the Commission to ensure that EU investment programmes do not go to State-owned Enterprises (SOEs) from third countries resulting in abnormally low tenders and unfair competition; calls also on the Commission to push for a more ambitious International Procurement Instrument that provides for reciprocity and mutual standards and to push for an European preference in defined strategic sectors;
Amendment 669 #
2020/2076(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Stresses the importance to provide political and policy direction and ambitious public programs to support the industry and to boost investments, particularly in R&D and space and defence industries; in this regards, highlights the importance of having adequate funding and fostering synergies in the next MFF for Horizon Europe, the European Space program and the European Defence Funds;
Amendment 676 #
2020/2076(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Commission to adopt a strong Key Performance Indicator (KPI) system to analyse the ex-ante impact of Union regulations and instruments, and to monitor progress and results taking into account the SME dimension; calls on the Commission for regular reporting progress to the Competitiveness Council and to the European Parliament;
Amendment 70 #
2020/2058(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the Commission’s European Recovery Plan with the European Green Deal at its heart; endorses the underlying principle that public investments wishall respect the oath to ‘do no harm’; emphasises that national recovery and resilience plans should put the EU on the path to a 50 % to 55 % reduction in greenhouse gas emissions by 2030 compared to 1990 and climate neutrality by 2050, thus ensuring Member States’ transition towards a circular and climate neutral economy;
Amendment 115 #
2020/2058(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Questions whether the SEIP, as currently constituted, will enable the mobilisation of EUR 1 trillion by 2030, given the negative economic outlook following the COVID-19 crisis; requests the Commission to ensure full transparency on financing issues, such as the optimistic leverage effect or the lack of clarity over the extrapolations of certain amounts; furthermore questions how the new MFF as proposed by the Commission in its revised proposals of 27 and 28 May 2020 would enable the achievement of the SEIP targets; underlines that the SEIP is an EU long-term goal and cannot be undermined by lower MFFs in the future that would allocate a large part of money to the repayment of the borrowing;
Amendment 172 #
2020/2058(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls for the phasing-out of public and private investments in highly polluting and harmful industries for which economically feasible alternatives are available, while fully respecting the rights of Member States to choose their energy mix and the importance of ensuring reliable and low or zero emission energy supply;
Amendment 212 #
2020/2058(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Underlines the fact that, in order to meet its obligations under the Paris Agreement, the EU’s contribution to the climate objectives should be underpinned by an ambitious share of climate and biodiversity-related expenditure in the EU budget, going beyond the levels of targeted spending shares of at least 25 % over the MFF 2021-2027 period and of 30% as soon as possible and at the latest by 2027aims, therefore, to achieve climate and biodiversity mainstreaming spending levels of 30% and 10% respectively;
Amendment 238 #
2020/2058(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes the proposal to top up the Just Transition Fund (JTF), including with additional funds from Next Generation EU, and the two additional pillars of the Just Transition Mechanism, namely a dedicated scheme under InvestEU and a public sector loan facility, which will contribute to alleviating the economic effects of the transition to climate neutrality on the most vulnerable and CO2 intensive regions in the EU;
Amendment 252 #
2020/2058(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Welcomes the role of InvestEU in the implementation and functioning of the SEIP and considers that it should be at the heart of the Union’s green, fair and resilient recovery; welcomes, therefore, the Commission’s proposal to increase the programme’s size and scope; recalls that while the EIB Group should remain a privileged implementing partner under InvestEU, other implementing partners, including international financial institutions, have to be involved too, in particular when they present a comparative advantage in terms of specific expertise and experience in certain Member States in order to use all the expertise available; welcomes the proposal to create a Strategic Investment Facility within InvestEU to promote sustainable investments in key technologies and value chains;
Amendment 261 #
2020/2058(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Welcomes the role of InvestEU in the implementation and functioning of the SEIP and considers that it should be at the heart ofplay a key role in the Union’s green, fair and resilient recovery; welcomes, therefore, the Commission’s proposal to increase the programme’s size and scope; welcomes the proposal to create a Strategic Investment Facility within InvestEU to promote sustainable investments in key technologies and value chains;
Amendment 292 #
2020/2058(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Reaffirms its previous position regarding candidates for new own resources, and calls on the Commission to propose new own resources which correspond to essential EU objectives including the fight against climate change and the protection of the environment; asks, therefore, for the introduction of new own resources based on the auction revenues of the Emissions Trading System, a contribution on non-recycled plastic packaging waste, the future Carbon Border Adjustment Mechanism, a Common Consolidated Corporate Tax Base or a precursor based on oper, a tax on large digital companies, and a financial transaction tax; asks the Commission to provide details about the own resources presented in its Communications of large enterprises, a tax on digital companies, and a financial transaction tax; 27 May 2020 on the Recovery Plan as soon as possible; considers that a clear calendar establishing a binding introduction of new own resources in the course of the next MFF is necessary; recalls its position in favour of new own resources destined to repay at least the capital and the interests of the borrowing implied by the Recovery Instrument;
Amendment 314 #
2020/2058(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Recalls that according to the principle of universality, any new own resource shall be used without distinction to finance all expenditure entered in the Union's annual budget; considers that, in this regard, the use of new own resources for the repayment of the EU borrowing linked to the recovery instrument is a unique and necessary exception to the principle of universality;
Amendment 328 #
2020/2058(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Welcomes the efforts of the European Investment Bank (EIB) to revise its energy lending policy and to devote 50 % of its operations to climate action and environmental sustainability; calls on the EIB to commit to the sustainable transition towards climate neutrality while taking into account the different energy mixes of Member States and devoting particular attention to the sectors and regions most affected by the transition to develop a clear and transparent methodology using the EU Taxonomy to ensure that all the projects financed will be aligned with the temperature goals of the Paris Agreement, consistent with the transition towards a climate neutral economy and “do no significant harm” to biodiversity and ecosystems;
Amendment 358 #
2020/2058(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Recognises the important role of the national promotional banks and institutions and of international financial institutions (IFIs) in the financing of sustainable projects of the Green Deal linked to the SEIP, thereby contributing to the achievement of the goals of the Paris Agreement; underlines that the European Bank for Reconstruction and Development (EBRD) can help to achieve the SEIP and mobilise investments in Europe and beyond for the protection of climate and environment;
Amendment 369 #
2020/2058(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Recalls the statement of the ECBConsiders that the fight against climate change and the promotion of sustainability is within the mandate of the ECB and recalls the statement of its President that the ECB is supporting the development of a taxonomy as a way of facilitating the incorporation of environmental considerations in central bank portfolios; calls on the ECB to evaluate the feasibility of including sustainabi and welcomes the ambition displayed in the recent Eurosystem reply to the European Commission’s public consultations on the Renewed Sustainable Finance Strategy and the revision of the NonFinancial Reporting Directive; calls on the ECB to undertake its monetary politcy criteria istrategy review to align its collateral framework and its annual stress testing exercise, while with the Paris agreement, and to disclose annually its level of alignment with the Paris agreement while setting a clear roadmap with targets - using appropriately the EU Taxonomy for these actions where relevant, while also assessing ways to guide lending towards energy transition investments and to rebuild a sustainable economy in the aftermath of the COVID- 19 crisis;
Amendment 382 #
2020/2058(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Calls on the European Supervisory Authorities (ESAs), together with national competent authorities (NCAs), to develop annual climate stress tests on financial institutions they supervise, as currently discussed notably in the Central Banks and Regulators Network for Greening the Financial System (NGFS), in order to understand where and how far climate- related financial risks sit in the portfolios of relevant EU financial institutions;
Amendment 390 #
2020/2058(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Supports a renewed sustainable finance strategy; underlines the need for an EU eco-label for financial products, for an EU Green Bond Standard (EU GBS), and for more reliable, comparable and accessible sustainability data obtained by harmonising sustainability indicators and creating a public sustainability data register with transparent methodologies to ensure that the data can be analysed independently in order to reduce over- reliance on non-EU data providers and any potential conflict of interest between rating and label providers removed, noting in particular the recommendation from the CMU High-Level Forum to include SRD and NFRD data in a EU Single Access Point;
Amendment 414 #
2020/2058(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Calls for the creation of a brown taxonomy as recommended by the European Central Bank and the Central Banks and Regulators network for Greening the Financial System;
Amendment 431 #
2020/2058(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Recalls that investments in unsustainable economic activities may lead to stranded assets with lock-in effects; considers this risk to be insufficiently integrated in credit ratings and prudential frameworks, which should be addressed in forthcoming reviews of the CRA, CRR /CRD and the Solvency frameworks;
Amendment 452 #
2020/2058(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls for the introduction of an enabling framework for public sustainable investments to achieve the goals set out in the European Green Deal, but stresses that whatever financing model is chosen must not undermine the sustainability of public finance in the EU; supports the commitment by EVP Dombrovskis to explore how taxonomy can be used in the public sector and calls therefore on the Commission to disclose which part of the Union's expenditure is compliant with the taxonomy categories as set out in the Regulation (EU)2020/[Taxonomy Regulation] and to adopt an updated tracking methodology to monitor and report trends regarding capital flows towards sustainable investment as per the taxonomy regulation (EU) 2020 /… [Taxonomy Regulation] of the European Parliament and of the Council; calls for public support for airlines to be used in a sustainable and efficient manner;
Amendment 495 #
2020/2058(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Calls on the Commission to extend the European Semester process by complementing the current approach, based on fiscal and budgetary discipline, with climate and environmental discipline, without watering down the European Semester; calls therefore on the European Commission to develop a new climate indicator, mirroring the economic indicators, to assess the discrepancy between the structure of Member States' budgets and progress towards Paris- aligned scenario for each of their national budgets; stresses the need for this indicator to provide Member States with an indication on their trajectory of temperature under the framework of the Paris Agreement, thus enabling the European Semester to provide recommendations about the reduction of their climate debt;
Amendment 509 #
2020/2058(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Calls for companies benefitting from public support to commit to public country-by-country reporting, while respecting the possibility for temporary derogations foreseen to protect commercially sensitive information and to ensure fair competition, to respect their non-financial reporting obligations and to guarantee jobs, and disclose any beneficial treatment received; Urges that such companies should fairly contribute to the recovery efforts by paying their fair share of taxes; seeks in this context a new social contract for corporates, harmonizing aims for profit with considerations for people and planet;
Amendment 526 #
2020/2058(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Calls on the Commission to use the EU Taxonomy to direct and track climate and environment spending in all EU public funding including the next MFF, Next GenerationEU including the Solvency support instrument, InvestEU and the EU recovery and resilience facility fund and EIB funds, in order to enhance the climate and environmental tracking system for better monitoring progress;
Amendment 528 #
2020/2058(INI)
Motion for a resolution
Paragraph 25 b (new)
Paragraph 25 b (new)
25b. Calls on the Commission to ensure that biodiversity-related risks, impacts and dependencies are integrated in relevant EU legislation, including the Non- Financial Reporting Directive, the delegated acts of the Disclosure Regulation and other relevant corporate and financial legislation;
Amendment 553 #
2020/2058(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Wishes it to be ensured that all contribute equitably to the post-corona recovery and the transition to a sustainable economy; seeks an intensified fight against tax fraud, tax evasion and tax avoidance and aggressive tax planning; calls on the Commission to create a blacklist of EU Member States facilitating tax avoidance; calls for EU-level coordination to avoid aggressive tax planning by individuals and corporates; seeks in this context an ambitious strategy for business taxation for the 21st century; welcomes the Commission's announcement to propose an EU level supervisor and supervisory body to fight money laundering and terrorist financing and underlines the necessity for sufficient resources to make this effective to be made available;
Amendment 2 #
2020/2051(INL)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
- having regard to Council Decision (EU, Euratom)No 2014/335 of 26 May 2014 on the system of own resources of the European Union1a, _________________ 1a OJ L 168, 7.6.2014, p. 105.
Amendment 3 #
2020/2051(INL)
Motion for a resolution
Citation 4
Citation 4
— having regard to the proposal for a Council Regulation laying down the multiannual financial framework (MFF) for the years 2021 to 2027, and to the proposal for a Council Decision on the system of Own Resources of the European Union, submitted by the Commission on 2 May 20182 , _________________ 2 COM(2018)0322 and COM(2018)0325.
Amendment 4 #
2020/2051(INL)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
- having regard to the Commission’s proposal for a Regulation laying down certain transitional provisions for the Common Agricultural Policy in the year 20215a, _________________ 5aCOM(2019) 581 final: Proposal for a Regulation of the European Parliament and of the Council laying down certain transitional provisions for the support by the European Agricultural Fund for Rural Development (EAFRD) and by the European Agricultural Guarantee Fund (EAGF) in the year 2021 and amending Regulations (EU) No 228/2013, (EU) No 229/2013 and (EU) No 1308/2013 as regards resources and their distribution in respect of the year 2021 and amending Regulations (EU) No 1305/2013, (EU) No 1306/2013 and (EU) No 1307/2013 as regards their resources and application in the year 2021.
Amendment 6 #
2020/2051(INL)
Motion for a resolution
Recital C
Recital C
C. whereas on 2 May 2018, the Commission presented a set of legislative proposals on the 2021-2027 MFF and Union Own Resources, followed by legislative proposals for the setting-up of new Union programmes and instruments; whereas this proposal entailed an overall MFF ceiling of EUR 1 134.6 billion in 2018 prices, or 1,11 % of the pre-crisis EU-27’s GNI1a (including 0,03 % from the European Development Fund), which was already lower than the estimated 1,16 % of the 2014-2020 MFF in relation to the EU- 27’s GNI (EUR 1 082.3 billion in 2018 prices), with the stated objective to provide a basis for a swift negotiation to be concluded before the Parliament elections of 2019; _________________ 1aGross National Income as forecast at the time of presentation of the MFF proposal on 2 May 2018, not taking into account subsequent and upcoming evolutions notably as a result of the Corona emergency.
Amendment 9 #
2020/2051(INL)
Motion for a resolution
Recital D
Recital D
D. whereas Parliament adopted on 14 November 2018 its interim report with detailed figures, amounting to an overall MFF ceiling of EUR 1 324.1 billion in 2018 prices (1,30 % of the EU-27’s GNI), and amendments constituting its negotiating mandate and has stood ready, since then, to enter into negotiations with the Council;
Amendment 21 #
2020/2051(INL)
Motion for a resolution
Recital K
Recital K
K. whereas the Covid-19 outbreak has overshadowed the MFF-related debate and will, despite highlighting the importance and the potential of a strong EU budget, has further delayed the European Council in reaching its conclusions’s debate and agreement on the next MFF and is affecting the conditions in which interinstitutional negotiations could be carried out;
Amendment 26 #
2020/2051(INL)
Motion for a resolution
Recital M
Recital M
M. whereas the basic acts of a considerable number of the current expenditure programmes however contain expiry dates that, together with lack of operational preparedness, might undermine the safety net provided by the TFEU; whereas those expiry dates would have to be extended or lifted in order to be brought into consistency with the principles underpinning Article 312(4) TFEU and to avoid a shutdown of the concerned programmes, which would be to the detriment of its beneficiaries and of the Union as a whole, especially in times of crisis;
Amendment 27 #
2020/2051(INL)
Motion for a resolution
Recital N a (new)
Recital N a (new)
Amendment 29 #
2020/2051(INL)
Motion for a resolution
Recital O a (new)
Recital O a (new)
O a. whereas the Covid-19 makes it even more compelling to eliminate any risk of discontinuity or disorderly extension of the current MFF and programmes; whereas it becomes increasingly important to guarantee that the Union will be enabled to carry out its operations and to provide an ambitious crisis response and recovery strategy despite the uncertain date of the entry into force of a new MFF; whereas the Commission should deliver to stakeholders an unequivocal message in that respect;
Amendment 31 #
2020/2051(INL)
Motion for a resolution
Recital O b (new)
Recital O b (new)
Amendment 38 #
2020/2051(INL)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Requests the MFF contingency plan to: – lift or extend the time limits laid down in the basic acts of all relevant MFF expenditure programmes; – where legally necessary notably under shared management programmes, update the relevant financial amounts on the basis of a technical prolongation of the 2020 levels; – revise the rules and objectives governing the relevant expenditure programmes so that they can be temporarily refocused on addressing the immediate economic and social consequences of the Covid-19 outbreak and on helping in the economic recovery; – allow for targeted reinforcements to this end; – allow for the setting-up of the most urgent new instruments and initiatives;
Amendment 42 #
2020/2051(INL)
Motion for a resolution
Annex I – part A – point 1
Annex I – part A – point 1
1. The MFF contingency plan aims at providing a safety net to protect the beneficiaries of the Union programmes in the event that the 2021-2027 MFF could not be agreed in time to enter into force on 1 January 2021. The MFF contingency plan should ensure a satisfactory degree of predictability and continuity in Union budget implementation; . Furthermore, it should enable the Union to provide a response to the immediate social and economic consequences of the Covid-19 outbreak and to work on the recovery;
Amendment 46 #
2020/2051(INL)
Motion for a resolution
Annex I – part A – point 2
Annex I – part A – point 2
2. The MFF contingency plan shall include one or several legislative proposal(s) to lift or extend the time limits laid down in the basic acts of all concerned expenditure programmes and, where legally necessary notably under shared management programmes, update the relevant financial amounts on the basis of a technical prolongation of the 2020 levels. The legislative proposal(s) should also include a temporary refocusing of the objectives of all the relevant expenditure programmes, so that they can best address the immediate consequences of the Covid- 19 outbreak. For the same purpose, wherever relevant, the proposal(s) should include a re-adjustment of the rules to allow for maximum flexibility in the implementation notably of shared management programmes, including the prolongation of all legislative measures adopted in 2020, in response to the crisis;
Amendment 49 #
2020/2051(INL)
Motion for a resolution
Annex I – part A – point 2 a (new)
Annex I – part A – point 2 a (new)
2 a. The MFF contingency plan should allow for targeted reinforcements of the relevant expenditure programmes in the 2021 budget and for the setting-up of the most urgent new instruments, measures and programmes, especially relating to a recovery plan after the Covid-19 outbreak;
Amendment 51 #
2020/2051(INL)
Motion for a resolution
Annex I – part A – point 3
Annex I – part A – point 3
3. The MFF contingency plan should be tabled by 15 June 2020 at the latest, unless the MFF negotiations between the European Parliament and the Council lead to a political agreement before that date. Thise MFF contingency plan should be accompanied by an annex presenting an outline of an alternative draft budget 2021 proposal, prepared under the contingency plan scenario. The timeframe for tabling the contingency plan will address a double necessity: a) to ensure that the budgetary procedure for the year 2021 starts with all the necessary information as regards contingency planning; b) to ensure that the relevant legislative proposals can be adopted by the co-legislators before the conciliation on the 2021 budget. This will be the time when the budgetary authority will have to take a final decision on next year’s Union budget either on the basis of a new 2021-2027 MFF or on the basis of an extension of the 2020 ceilings;
Amendment 55 #
2020/2051(INL)
Motion for a resolution
Annex I – part A – point 4
Annex I – part A – point 4
4. The measures necessary for the implementation of the contingency plan shall be financed through the annual budget, within the limits of the MFF ceilings for 2020 and of the flexibility provisions of the 2014-2020 MFF, as extended in accordance with Article 312(4) TFEU, i.e. on the basis of a technical prolongation of the amounts already agreed by the budgetary authority in 2020, increased by the 2% deflator. This technical prolongation should also determine the national envelopes under the shared management programmes. The Commission should submit proposals, if necessary, to ensure the compatibility of the contingency plan with the Own Resources Ceiling as laid down in the Council Decision on the system of own resources of the European Union.
Amendment 58 #
2020/2051(INL)
Motion for a resolution
Annex I – part A – point 4
Annex I – part A – point 4
4. The measures necessary for the implementation of the contingency plan shall be financed through the annual budget, within the limits of the MFF ceilings for 2020 and of the flexibility provisions of the 2014-2020 MFF, as extended in accordance with Article 312(4) TFEU, i.e. on the basis of a technical prolongation of the amounts already agreed by the budgetary authority in 2020, increased by the 2% deflator, and of any of the additional abovementioned initiatives. This technical prolongation should also determine the national envelopes under the shared management programmes.
Amendment 61 #
2020/2051(INL)
Motion for a resolution
Annex I – part B – point 1
Annex I – part B – point 1
1. One or several legislative proposal(s) to: – lift or extend the time limits laid down in the basic acts of all relevant MFF expenditure programmes and, – where legally necessary notably under shared management programmes, update the relevant financial amounts on the basis of a technical prolongation of the 2020 levels, – revise the rules and objectives governing the relevant expenditure programmes so that they can be temporarily refocused on addressing the immediate economic and social consequences of the Covid-19 outbreak and on helping in the economic recovery.
Amendment 1 #
2020/2043(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that a carbon border taxadjustment mechanism has long been a candidate for a genuine and green source of own revenue for the EU budget and was among the ‘basket’ of preferred options for new own resources taken up in Parliament’s legislative resolution of 16 September1 ; _________________ 1Texts adopted, P9_TA- PROV(2020)0220.
Amendment 11 #
2020/2043(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Acknowledges that the primary purpose of the carbon border adjustment mechanism (CBAM) must be to enable internationally effective carbon pricing schemes, to mitigate the leakage dilemma in the context of the Emissions Trading Scheme (ETS), and taking into account the Effort-Sharing Regulation if necessary, and to prevent distortions to competition and trade; stresses that the CBAM will help the EU to meet its climate targets while keeping a level playing field in international trade, with the aim of galvanising the rest of the world into taking climate action in line with Paris Agreement;
Amendment 14 #
2020/2043(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Acknowledges that the primary purpose of the carbon border adjustment mechanism (CBAM) must be to protect the climate, to enable internationally effective carbon pricing schemes, to mitigate the carbon leakage dilemma in the context of the Emissions Trading Scheme (ETS) and to prevent distortions to competition and trade; stresses that the CBAM will help the EU to meet its climate targets while keeping a level playing field in international trade, with the aim of galvanising the rest of the world into taking climate action in line with Paris Agreement;
Amendment 15 #
2020/2043(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Acknowledges that the introduction of the CBAM might lead to the progressive phase out of free allocation of allowances, since the mechanism would ensure that EU producers and foreign importers face the same carbon costs in the EU market; calls for the CBAM design to include a partial reimbursement of EU Allowances for exports in order to ensure a level playing field for EU goods in third markets, thus maintaining a strong incentive to decarbonise while avoiding carbon leakage;
Amendment 26 #
2020/2043(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Recalls that the Parliament, the Council and the Commission agreed on the creation of new own resources in the course of the next Multiannual Financial Framework (MFF), including the CBAM, in the Interinstitutional Agreement on budgetary discipline, on cooperation in budgetary matters and on sound financial management, as well as on new own resources, including a roadmap for the introduction of new own resources (IIA); Stresses that dedicating the financial flows resulting from the CBAM to the EU budget would help to mitigate issues of fiscal equivalence and ensure a fairly distributed impact across Member States, as well as ensuring a lean structure with minimal administrative overheads; concludes, therefore, that defining the proceeds as an EU own resource, and decreasing GNI-based contributions accordingly to first cover a share of the repayment costs of the Next Generation EU instrument, and reducing the share of GNI-based contributions in the financing of the Union's budget, would help to mutualise the budgetary impact of the CBAM in a fair way across all Member States;
Amendment 35 #
2020/2043(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes the fact that the CBAM, if used awhen it becomes a basis for an own resource, would according to the IIA, will bring the revenue side of the EU budget into closer alignment with strategic policy objectives such as the European Green Deal, the fight against climate change and the circular economy, and that it would thereby help to generate co- benefits, incentives and EU added value;
Amendment 41 #
2020/2043(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Highlights that the CBAM’s design can be fully compatible with World Trade Organization law if it is designed on the basis of the EU ETS and applies to imports embedding materials covered by the EU ETS, and thus avoid retaliation against the EU economy while raising the expected revenues;
Amendment 45 #
2020/2043(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Is determined to ensure that the CBAM-based own resource constitute universal income and that it be deemed to cover a share of the repayment costs of the Next Generation EU instrument; underlines that any earmarking of CBAM revenues would contravene the IIA, the Own Resources Decision and the Financial Regulation;
Amendment 49 #
2020/2043(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
Amendment 5 #
2020/1998(BUD)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Recalls that in its resolution of 19 June 2020 on general guidelines for the preparation of the 2021 budget, Parliament stressed that the primary focus of the 2021 budget should be to mitigate the effects of the COVID-19 outbreak and support the recovery, built on the European Green Deal and digital transformation; notes that a lack of a significant top-up in the MFF negotiations could lead the budgetary authority to further prioritization amongst the 15 EU flagship programmes;
Amendment 9 #
2020/1998(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Believes therefore that the 2021 budget should aim at using the entire available margin and make recourse to all available flexibility instruments in orderuse of margins to strengthen in particular Union programmes that support the digital and green transformation and theshould be considered as of 2021, as well as the use of flexibility instruments in order to fight against the social and economic impact of the Covid-19 pandemic;
Amendment 18 #
2020/1998(BUD)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Decides to increase to the levels set up in the MFF interim report of November 2018 the fifteen flagship programmes identified in its resolution of 23 July 2020 (Horizon Europe, InvestEU, Erasmus+, the Child Guarantee, the Just Transition Fund, Digital Europe, the Connecting Europe Facility, LIFE+, EU4health, the Integrated Border Management Fund, Creative Europe, the Right and Values programme, the European Defence Fund, the Neighbourhood, Development and International Cooperation Instrument (NDICI) and humanitarian aid, as well as relevant EU agencies and the European Public Prosecutor’s Office); decides further to base its reading on the MFF ceilings proposed by the Commission in the DB; considers that any increase for the flagship programmes should be accompanied by the corresponding rise of the ceiling of the given MFF heading; decides to reinforce funding for Parliament’s priorities inter allia in the fields of security, migration, fundamental rights and external action; through reinforcement of both the funding and establishment plans of the EU agencies working in this field, such as European Union Agency for Criminal Justice Cooperation (Eurojust), European Union Agency for Fundamental Rights (FRA), European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA), European Asylum Support Office (EASO), European Union Agency for Law Enforcement Cooperation (EUROPOL) and European Border and Coast Guard Agency (Frontex);
Amendment 21 #
2020/1998(BUD)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses the need to support the Union's competitiveness and industrial capacity, calls in this regard for sufficient funding to support SMEs, micro entreprises and startups, which have been severely affected by the crisis; underlines in addition the importance of programmes such as the European Defence Fund in supporting the strategic autonomy of the Union;
Amendment 27 #
2020/1998(BUD)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Points to the importance of ensuring that sufficient financial resources and adequate human resources capacities are allocated to EUnion agencies enabling them to fulfil their mandate, execute their tasks and respond optimally to the consequences of the COVID-19 outbreak; underlines the fact that proper coordination and synergies between agencies are needed to increase the effectiveness of their work, especially where there is convergence towards specific policy objectives, in order to allow for a fair and efficient use of public money; the European taxpayers money; insists that the Commission must ensure optimal allocation of personnel among its Directorates General reflecting urgent needs and long-term priorities related to the COVID19 response and the European Green Deal in particular;
Amendment 30 #
2020/1998(BUD)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Sets the overall level of appropriations for the 2021 budget (all Sections) at EUR 181 684 729 002 in commitment appropriations, representing an increase of EUR 14 938 547 026 compared to the DB; decides in addition to make available an amount of EUR 1 631 420 001 in commitment appropriations further to de-commitments under Article 15(3) of the Financial Regulation; however recalls that this level should be adjusted after the publication of the draft amending letter and as the negotiations and conciliation advances;
Amendment 34 #
2020/1998(BUD)
Motion for a resolution
Paragraph 15
Paragraph 15
15. In order to finance this budget, reminds that, as expressed in its legislative resolution of 16 September 2020, the new categories of own resources should be introduced as of 2021 and that any amounts generated by new own resources beyond the level necessary to cover the repayment obligations of the NGEU in a given year should remain in the EUnion budget as general revenue notably to top-up the 15 EU flagship programmes as of 2021 accompanied by the corresponding rise of the MFF ceilings;
Amendment 46 #
2020/1998(BUD)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls for the 2021 Union budget to ensure that the sufficiently funded InvestEU Programme delivers on both its long term objective by providing more investment capacity aimed at supporting sustainable infrastructure, research, SMEs, and social investments and its new short term mission to support the economic recovery via strategic investments;
Amendment 52 #
2020/1998(BUD)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Stresses the crucial role of the Connecting Europe Facility in fostering the development of a high-performance trans- European network, supporting energy projects in the shift towards a climate- neutral economy with security of supply, and but stressing the need for a digital transition, including the up-skilling and re- skilling of UnioEuropean workers; proposes therefore major increases, in particular for the transport and energy strands;
Amendment 59 #
2020/1998(BUD)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Considers that it is also necessary to strengthen further important priorities in the heading; calls, inter alia, for a substantial increase in the amount dedicated to SME objectives; recalls the important role that EUnion agencies play in helping to achieve EUnion policy objectives; calls therefore for sufficient funding and staffing for all agencies in line with their tasks and responsibilities;
Amendment 71 #
2020/1998(BUD)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Emphasises the importance of Erasmus+ as a symbolic and one of the most successful EUnion programmes with added value and as a strategic investment in the UnioEU citizen's future; recalls that insufficient funding for the Erasmus+ programme would endanger its capacity to reach its new objectives and to uphold the challenges of becoming even more inclusive and ecological; decides therefore to substantially increase Erasmus+ in line with its position to triple its budget;
Amendment 84 #
2020/1998(BUD)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Deeply regrets that the Commission still has not responded to Parliament's call for a comprehensive review of the budget line for multimedia measures, particularly with regard to the framework contract with Euronews; decides to put its budgetary allocation in reserve until the Commission has answered the concerns raised by the Court of Auditors; notes however that the Court of Auditors does not point to any shortcomings on Euronews’s part in its contractual reporting duties under the current framework; regrets that such a reserve of 18 million euros endangers the financial viability of Euronews, and consequently its staff, while it is highly important that the EU supports independent and high-quality journalism on EU affairs;
Amendment 89 #
2020/1998(BUD)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Decides to apply targeted reinforcements to EPPO; believuropean Public Prosecutors Office (EPPO); believes and underlines that its nature requires a stronger guarantee of independence, and its budget should therefore should be presented under Heading 7, as an independent organism rather than assimilated to an agency;
Amendment 94 #
2020/1998(BUD)
Motion for a resolution
Paragraph 36
Paragraph 36
36. In line with the overall priority to tackle climate change and biodiversity loss, focuses substantial increases worth EUR 237 million in commitment appropriations on budget lines pertaining to LIFE+ programme; notes that this increase is intended to contribute to the main objectives such as preservation of nature and biodiversity, the circular economy and quality of life, climate change mitigation and adaptation as well as the clean energy transition; expects the Commission to warrant the necessary absorption capacity for an effective use of these additional means;
Amendment 122 #
2020/1998(BUD)
Motion for a resolution
Paragraph 46
Paragraph 46
46. Recalls that the important role played by decentralised agencies operating in the field of security and border protection and proposes targeted increases to allow them to properly perform their tasks on the outer borders of the EU;
Amendment 134 #
2020/1998(BUD)
Motion for a resolution
Paragraph 51
Paragraph 51
51. Points to the persistent challenges in the EUnion’s Eastern and Southern neighbourhood, as well as the importance of endowing the United Nations Relief and Works Agency for Palestine Refugees (UNRWA) in the Near East with adequate financial resourcessupport to fulfill its mandate; recalls the importance of developing stable relations and strong cooperation between the EU and Africa and deems appropriate to dedicate sufficient financial resources to the development of this continent, which would contribute inter alia to mitigating the root causes of forced migration;
Amendment 144 #
2020/1998(BUD)
Motion for a resolution
Paragraph 54
Paragraph 54
54. Following the recent worrying developments in Belarus, calls for the creation of a new Special Representative for Belarussupport of EU through the European External Action Service (EEAS) and the High Representative of the Union for Foreign Affairs and Security Policy (HR/VP), to support the process for a peaceful transition of power in accordance with the will of the Belarusian people;
Amendment 2 #
2020/1996(BUD)
Motion for a resolution
Recital E a (new)
Recital E a (new)
E a. whereas subsidy policies, preferential fiscal treatment such as state aids and lower labour costs in East-Asian countries have resulted in market losses for European shipbuilders;
Amendment 5 #
2020/1996(BUD)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Stresses that the personalised services to be provided to workers made redundant have to be tailor-made for each profile;
Amendment 147 #
2020/0380(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Expenditure shall be eligible if it is incurred and paid, at both the levels of the designated bodies and final recipients, during the reference period for measures carried out in the Member State concerned or for the benefit of the Member State concerned.
Amendment 160 #
2020/0380(COD)
2. Member States shall use the contribution from the Reserve to implement the measures referred to in Article 5 to provide non-repayable forms of support. The Union contribution shall take the form of reimbursement of eligible costs actually incurred and paid by Member States in implementing the measures, at both the levels of the designated bodies and final recipients.
Amendment 206 #
2020/0380(COD)
Proposal for a regulation
Article 13 – paragraph 4 – subparagraph 2
Article 13 – paragraph 4 – subparagraph 2
The audits of the financed measures shall cover expenditure on the basis of a sample. That sample shall be representative and based on statistical sampling methods.
Amendment 208 #
2020/0380(COD)
Proposal for a regulation
Article 13 – paragraph 4 – subparagraph 2 a (new)
Article 13 – paragraph 4 – subparagraph 2 a (new)
In order to ensure a consistent and comparable audit approach in all Member States, the Commission shall draw up detailed definitions regarding the audit methodology, including the sampling methodology and the quantification and correction of errors, and notify them to the Council, the Parliament and the Court auf Auditors within six months of entry into force of this regulation.
Amendment 209 #
2020/0380(COD)
Proposal for a regulation
Article 13 – paragraph 5 a (new)
Article 13 – paragraph 5 a (new)
5 a. The Commission shall, within six months of the entry into force of this regulation, establish whether the management and control systems for the Reserve as set up by a Member State under Art. 13(1)(b) of this regulation, were already in place for the implementation of cohesion policy funding or the European Union Solidarity Fund. Where a Member State has decided to set up new systems, the Commission shall, within six months of the entry into force of this regulation, assess that such systems are effective and adequately contribute to the protection of the financial interests of the EU.
Amendment 243 #
2020/0380(COD)
Proposal for a regulation
Annex II – paragraph 1 – point b a (new)
Annex II – paragraph 1 – point b a (new)
(b a) the control system is functioning properly in accordance with Article 63 of the Financial Regulation,
Amendment 102 #
2020/0374(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) In particular, online intermediation services, online search engines, web browsers, 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 should be included irrespective of the technology used to provide such services. For that reason, virtual or voice activated assistants and other connected devices should fall within the scope of this Regulation whether their software is considered an operating system, an online intermediation service or a search engine. 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.
Amendment 117 #
2020/0374(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) A very high number of business users that depend on a core platform service to reach a very high number of monthly active end users allow the provider of that service to influence the operations of a substantial part of business users to its advantage and indicate in principle that the provider serves as an important gateway. The respective relevant levels for those numbers should be set representing a substantive percentage of the entire population of the Union when it comes to end users and of the entire population of businesses using platforms to determine the threshold for business users. Active end users as well as business users should be defined in a way that adequately represents the role and reach of the specific core platform service in question. In order to provide legal certainty for gatekeepers, elements of such definitions per core platform service should be set out in an annex to this Regulation, which should be subject to possible amendment by the Commission by means of delegated act to be able to keep it up to date in the light of technical or other developments.
Amendment 142 #
2020/0374(COD)
Proposal for a regulation
Recital 33
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 competition rules, shows that they have a particularly negative direct impact on the business users and end users. 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. In order to enhance the effectiveness of the updating process, the Commission should also use the reporting mechanism involving competitors, business users, end users and Member States to inform the Commission in the event of any of the identified practices.
Amendment 143 #
2020/0374(COD)
Proposal for a regulation
Recital 33
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 competition rules, shows that they have a particularly negative direct impact on the business users and end users. The obligations laid down in the Regulation should specifically take into account the nature of the core platform services provided and the presence of different business models. 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.
Amendment 147 #
2020/0374(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) The obligations laid down in this Regulation are necessary to address identified public policy concerns, there being no alternative and less restrictive measures that would effectively achieve the same result, having regard to the need to safeguard public order, protect privacy and fight fraudulent and deceptive commercial practices.
Amendment 148 #
2020/0374(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) The conduct of combining end user data from different sources or signing in users to different services of gatekeepers gives them potential advantages in terms of accumulation of data, thereby raising barriers to entry. To ensure that gatekeepers do not unfairly undermine the contestability of core platform services, they should enable their end users to freely choose to opt-in to such business practices by offering a less personalised alternative. The possibilitybut equivalent alternative, and without making the core platform service or certain functionalities thereof conditional upon the end user’s consent in the meaning of Article 6(1)(a) of Regulation (EU) 2016/679. The less personalised alternative should not be different or of inferior quality compared to the service offered to the end users who consent to the combining of their personal data. The possibility of data combination should cover all possible sources of personal data, including own core platform services and other services offered by the gatekeeper as well as third party websites, andservices (where data is obtained, for example, via cookies or ‘like’ buttons included on third party websites). When the gatekeeper requests consent, it should be proactively presented to the end user in an explicit, clear and straightforward manner. a user-friendly solution to end users to provide, modify or revoke consent in an explicit, clear and straightforward manner. Consent should be given in a clear, informed and specific way by the end user who should be informed that a refusal could lead to a less personalised offer but that the quality and functionalities of the core platform service will remain unchanged.
Amendment 152 #
2020/0374(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) Because of their position, gatekeepers might in certain cases restrict the ability of business users of their online intermediation services to offer their goods or services to end users under more favourable conditions, including price, through other online intermediation services, their own interface or direct channel. Such restrictions have a significant deterrent effect on the business users of gatekeepers in terms of their use of alternative online intermediation services, limiting inter-platform contestability, which in turn limits choice of alternative distributive channels including alternative online intermediation channels for end users. To ensure that business users of online intermediation services of gatekeepers can freely choose alternative online intermediation services and differentiate the conditions under which they offer their products or services to their end users, it should not be accepted that gatekeepers limit business users from choosing to differentiate commercial conditions, including price. Such a restriction should apply to any measure with equivalent effect, such as for example increased commission rates or, de-listing or less favourable ranking of the offers of business users.
Amendment 156 #
2020/0374(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) To prevent further reinforcing their dependence on the core platform services of gatekeepers, the business users of these gatekeepers should be free in promoting and choosing the distribution channel they consider most appropriate to interact with any end users that these business users have already acquired through core platform services provided by the gatekeeper. Conversely, end users should also be free to choose offers of such business users and to enter into contracts with them either through core platform services of the gatekeeper, if applicable, or from a direct distribution channel of the business user or another indirect distribution channel such a business user may use. This should apply to the promotion of offers, any communications and conclusion of contracts between business users and end users. Moreover, the ability of end users to freely acquire content, subscriptions, features or other items outside the core platform services of the gatekeeper should not be undermined or restricted. In particular, it should be avoided that gatekeepers restrict end users from access to and use of such services via a software application running on their core platform service. For example, subscribers to online content purchased outside a software application download or purchased from a software application store should not be prevented from accessing such online content on a software application on the gatekeeper’s core platform service simply because it was purchased outside such software application or software application store.
Amendment 160 #
2020/0374(COD)
Proposal for a regulation
Recital 39 a (new)
Recital 39 a (new)
(39 a) The national competition authorities should gather complaints from third parties on unfair behaviours by gatekeepers that fall within the scope of this Regulation and report relevant cases to the Commission. Based on clearly defined conditions and investigation priorities, the Commission should then examine the complaints and act accordingly by, for example, opening a formal market investigation.
Amendment 161 #
2020/0374(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) Identification and payment services are crucial for the economic development of business users to conduct their business, as these can allow them not only to optimise services, to the extent allowed under Regulation (EU) 2016/679 and Directive 2002/58/EC of the European Parliament and of the Council33 , but also to inject trust in online transactions, in compliance with Union or national law. Gatekeepers should therefore not use their position as provider of core platform services to require their dependent business users to include any payment and identification services provided by the gatekeeper itself as part of the provision of services or products by these business users to their end users, where other identification services are available to such business users. _________________ 33Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201, 31.7.2002, p. 37).
Amendment 174 #
2020/0374(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) A gatekeeper may use different means to favour its own services or products on its core platform service, to the detriment of the same or similar services that end users could obtain through third parties. This may for instance be the case where certain software applications or services are pre-installed by a gatekeeper. To enable end user choice, gatekeepers should not prevent end users from un- installing any pre-installed software applications on its core platform service and thereby favour their own software applications. The gatekeeper can restrict such un-installation when such applications are essential to the functioning of the operating system or the device.
Amendment 176 #
2020/0374(COD)
Proposal for a regulation
Recital 46 a (new)
Recital 46 a (new)
Amendment 183 #
2020/0374(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) Gatekeepers are often vertically integrated and offer certain products or services to end users through their own core platform services, or through a business user over which they exercise control which frequently leads to conflicts of interest. This can include the situation whereby a gatekeeper offers its own online intermediation services through an online search engine. When offering those products or services on the core platform service, gatekeepers can reserve a better position or differentiated treatment to their own offering, in terms of ranking, as opposed to the products of third parties also operating on that core platform service. This can occur for instance with products or services, including other core platform services, which are ranked in the results communicated by online search engines, or which are partly or entirely embedded in online search engines results, groups of results specialised in a certain topic, displayed along with the results of an online search engine, which are considered or used by certain end users as a service distinct or additional to the online search engine. Other instances are those of software applications which are distributed through software application stores, or products or services that are given prominence and display in the newsfeed of a social network, or products or services ranked in search results or displayed on an online marketplace. In those circumstances, the gatekeeper is in a dual- role position as intermediary for third party providers and as direct provider of products or services of the gatekeeper. Consequently, these gatekeepers have the ability to undermine directly the contestability for those products or services on these core platform services, to the detriment of business users which are not controlled by the gatekeeper.
Amendment 184 #
2020/0374(COD)
Proposal for a regulation
Recital 48 a (new)
Recital 48 a (new)
(48 a) Gatekeepers can offer software applications or services which could be used on, or in conjunction with, a core service platform, such as operating systems or cloud computing services, offered by the same gatekeeper. If, in such circumstances, the gatekeeper prevents end users being able to use their software applications or services on, or in conjunction with, products or services of alternative providers under equal conditions as with the products or services of the gatekeeper, this could significantly undermine choice for end users and innovation by alternative providers. It should therefore be ensured that gatekeepers do not restrict to their advantage and to the detriment of alternative providers, end users and business users in choosing the products or services of alternative providers which they use in conjunction with the core platform service offered by the gatekeeper.
Amendment 192 #
2020/0374(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) Gatekeepers may also have a dual role as developers of operating systems and device manufacturers, including any technical functionality that such a device may have. For example, a gatekeeper that is a manufacturer of a device may restrict access to some of the functionalities in this device, such as near-field-communication technology and the software used to operate that technology, which may be required for the effective provision of an ancillary service by the gatekeeper as well as by any potential third party provider of such an ancillary service. Such access may equally be required by software applications related to the relevant ancillary services in order to effectively provide similar functionalities as those offered by gatekeepers. If such a dual role is used in a manner that prevents alternative providers of ancillary services or of software applications to have access under equal conditions to the same operating system, hardware or software features that are available or used in the provision by the gatekeeper of any ancillary services, this could significantly undermine innovation by providers of such ancillary services as well as choice for end users of such ancillary services. The gatekeepers should therefore be obliged to ensure access free of charge under equal conditions to, and interoperability with, the same operating system, hardware or software features that are available or used in the provision of any ancillary services by the gatekeeper. The gatekeeper should not be prevented from taking indispensable measures to ensure that third party ancillary services do not compromise the integrity of the operating system, hardware or software features it provides. The gatekeeper should however be obliged to duly justify suchindispensable measures and provide, free of charge, an alternative access and interoperability solution to enable effective provision of ancillary services.
Amendment 231 #
2020/0374(COD)
Proposal for a regulation
Recital 65 a (new)
Recital 65 a (new)
(65 a) Interim measures can be an important tool to ensure that, while an investigation is ongoing, the infringement being investigated does not lead to serious and immediate damage for business users or end users of gatekeepers. In case of urgency, where a risk of serious and immediate damage for business users or end-users of gatekeepers could result from new practices that may undermine contestability of core platform services, the Commission should be empowered to impose interim measures by temporarily imposing obligations to the gatekeeper concerned. These interim measures should be limited to what is necessary and justified. They should apply pending the conclusion of the market investigation and the corresponding final decision of the Commission pursuant to Article 17.
Amendment 234 #
2020/0374(COD)
Proposal for a regulation
Recital 67 a (new)
Recital 67 a (new)
(67 a) The Commission should, where appropriate, be entitled to require the commitments to be tested, for example, by using split-run tests and other randomised experiments, in order to optimise their effectiveness. The commitments should be reviewed after they have been in place for an appropriate period. Where the review of the commitments by the Commission shows that they have not led to effective compliance, the Commission should be entitled to require amendment or revocation thereof.
Amendment 243 #
2020/0374(COD)
Proposal for a regulation
Recital 72
Recital 72
(72) The Commission should be able to take the necessary actions to monitor the effective implementation and compliance with the obligations laid down in this Regulation. Such actions should include the ability of the Commission to appoint independent external experts, such as and auditors to assist the Commission in this process, including where applicable from competent independent authorities, such as data or consumer protection authorities.
Amendment 247 #
2020/0374(COD)
Proposal for a regulation
Recital 75
Recital 75
(75) In the context of proceedings carried out under this Regulation, the undertakings concerned should be accorded the right to be heard by the Commission and the decisions taken should be widely publicised. While ensuring the rights to good administration and the rights of defence of the undertakings concerned, in particular, the right of access to the file and the right to be heard, it is essential that confidential informationand sensitive commercial information, which could affect the privacy of trade secrets, be protected. Furthermore, while respecting the confidentiality of the information, the Commission should ensure that any information relied on for the purpose of the decision is disclosed to an extent that allows the addressee of the decision to understand the facts and considerations that led up to the decision. Finally, under certain conditions certain business records, such as communication between lawyers and their clients, may be considered confidential if the relevant conditions are met.
Amendment 253 #
2020/0374(COD)
Proposal for a regulation
Recital 78
Recital 78
(78) The Commission should periodically evaluate this Regulation and closely monitor its effects on the contestability and fairness of commercial relationships in the online platform economy, in particular with a view to determining the need for amendments in light of relevant technological or commercial developments. This evaluation should include the regular review of the list of core platform services and the obligations addressed to gatekeepers as well as enforcement of these, in view of ensuring that digital markets across the Union are contestable and fair. In order to obtain a broad view of developments in the sector, the evaluation should take into account the experiences of Member States and relevant stakeholders. The Commission may in this regard also consider the opinions and reports presented to it by the Observatory on the Online Platform Economy that was first established by Commission Decision C(2018)2393 of 26 April 2018, by Eurostat, and by the national statistics offices of the countries where the service providers operate. Following the evaluation, the Commission should take appropriate measures. The Commission should to maintain a high level of protection and respect for the common EU rights and values, particularly equality and non-discrimination, as an objective when conducting the assessments and reviews of the practices and obligations provided in this Regulation.
Amendment 255 #
2020/0374(COD)
Proposal for a regulation
Recital 79 a (new)
Recital 79 a (new)
(79 a) The Commission shall apply the provisions of this Regulation in close cooperation with the competent national competition authorities, acting within the framework of the European Competition Network, to ensure effective enforceability as well as coherent implementation of this Regulation and to facilitate the cooperation with national authorities.
Amendment 257 #
2020/0374(COD)
Proposal for a regulation
Recital 79 b (new)
Recital 79 b (new)
(79 b) Without prejudice to the budgetary procedure and through existing financial instruments, adequate human, financial and technical resources should be allocated to the Commission to ensure that it can effectively perform its duties and exercise its powers as necessary for the enforcement of this Regulation.
Amendment 269 #
2020/0374(COD)
Proposal for a regulation
Article 1 – paragraph 5
Article 1 – paragraph 5
5. In order to ensure the frictionless and coherent application of this Regulation throughout the internal market and to guarantee a fully harmonized approach, the European Commission shall be the sole enforcer and decision maker on the correct application of the rules and obligations set out in this Regulation. Member States shall not 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 pursuing other legitimate public interests, in compliance with Union law. In particular, nothing in this Regulation precludes Member States from imposing obligations, which are compatible with Union law, on undertakings, including providers of core platform services where these obligations are unrelated to the relevant undertakings having a status of gatekeeper within the meaning of this Regulation in order to protect consumers or to fight against acts of unfair competition.
Amendment 273 #
2020/0374(COD)
Proposal for a regulation
Article 1 – paragraph 5 a (new)
Article 1 – paragraph 5 a (new)
5 a. In addition to Article 32a, national competition authorities shall notify the Commission at least four weeks before the opening of any formal proceedings against any provider of core platform services if there is any possible overlap with the scope of this Regulation, in order to ensure close coordination and cooperation at Union and national level.
Amendment 283 #
2020/0374(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point c a (new)
Article 2 – paragraph 1 – point 2 – point c a (new)
(c a) web browsers;
Amendment 284 #
2020/0374(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point c b (new)
Article 2 – paragraph 1 – point 2 – point c b (new)
(c b) virtual assistants;
Amendment 286 #
2020/0374(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point g
Article 2 – paragraph 1 – point 2 – point g
(g) cloud computing services, including enterprise software, applications, and solution services;
Amendment 295 #
2020/0374(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point h a (new)
Article 2 – paragraph 1 – point 2 – point h a (new)
(h a) web browsers;
Amendment 297 #
2020/0374(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point h b (new)
Article 2 – paragraph 1 – point 2 – point h b (new)
(h b) virtual assistants;
Amendment 304 #
2020/0374(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 a (new)
Article 2 – paragraph 1 – point 3 a (new)
(3 a) ‘Web browser’ means a client software program that runs against a Web server or other Internet server and enables a user to navigate the World Wide Web to access and display data, including standalone web browsers as well as web browsers integrated or embedded in software or similar;
Amendment 305 #
2020/0374(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) ‘Online search engine’ means a digital service as defined in point 5 of Article 2 of Regulation (EU) 2019/1150, thus excluding the search functions on other online intermediation services;
Amendment 308 #
2020/0374(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7 a (new)
Article 2 – paragraph 1 – point 7 a (new)
(7 a) ‘Virtual assistant’ means software that responds to oral or written commands expressed in natural language by end users and performs tasks or services independently or through IT systems if needed and on behalf of the end user;
Amendment 309 #
2020/0374(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7 a (new)
Article 2 – paragraph 1 – point 7 a (new)
(7 a) ‘Virtual assistant’ means software that responds to oral or written commands expressed in natural language by end users and performs tasks or services independently or through IT systems if needed and on behalf of the end user;
Amendment 327 #
2020/0374(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 18
Article 2 – paragraph 1 – point 18
(18) ‘Ranking’ means the relative prominence given to goods or services offered through online intermediation services including software application stores and virtual assistants, or online social networking services, or the relevance given to search results by online search engines, as presented, organised or communicated by the providers of online intermediation services including software application stores and virtual assistants, or of online social networking services or by providers of online search engines, respectively, whatever the technological means used for such presentation, organisation or communication;
Amendment 340 #
2020/0374(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) it operates a core platform service which serves as an important gateway for business users to reach end users or is able to lock the access to its own essential services; and
Amendment 344 #
2020/0374(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) it enjoys an entrenched and durable position in its operations or it is foreseeable that it will enjoy such a position in the near future.
Amendment 354 #
2020/0374(COD)
Proposal for a regulation
Article 3 – paragraph 3 – introductory part
Article 3 – paragraph 3 – introductory part
3. Where a provider of core platform services meets all the thresholds in paragraph 2, it shall notify the Commission thereof within threone months after those thresholds are satisfied and provide it with the relevant information identified in paragraph 2.. That notification shall include the relevant information relating to the quantitative thresholds identified in paragraph 2 for each of the core platform services of the provider that meets the thresholds in paragraph 2 point (b). The notification shall be updated whenever other core platform services individually meet the thresholds in paragraph 2 point (b).
Amendment 362 #
2020/0374(COD)
Proposal for a regulation
Article 3 – paragraph 4 – introductory part
Article 3 – paragraph 4 – introductory part
4. The Commission shall, without undue delay and at the latest 60 working days after receiving the complete information referred to in paragraph 3, designate the provider of core platform services that meets all the thresholds of paragraph 2 as a gatekeeper, unless that provider, with its notification, presents sufficiently substantiated arguments to demonstrate that, in the circumstances in which the relevant core platform service operates, and taking into account the elements listed in paragraph 6, the provider exceptionally does not satisfy the requirements of paragraph 1 although it meets all the thresholds in paragraph 2.
Amendment 363 #
2020/0374(COD)
Proposal for a regulation
Article 3 – paragraph 4 – introductory part
Article 3 – paragraph 4 – introductory part
4. The Commission shall, without undue delay and at the latest 60 working days after receiving the complete information referred to in paragraph 3, designate the provider of core platform services that meets all the thresholds of paragraph 2 as a gatekeeper, unless that provider, with its notification, presents sufficiently substantiated arguments to demonstrate that, in the circumstances in which the relevant core platform service operates, and taking into account the elements listed in paragraph 6, the provider exceptionally does not satisfy the requirements of paragraph 1 although it meets all the thresholds in paragraph 2.
Amendment 367 #
2020/0374(COD)
Proposal for a regulation
Article 3 – paragraph 4 – subparagraph 1
Article 3 – paragraph 4 – subparagraph 1
Where the gatekeeperprovider of core platform services presents such sufficiently substantiated arguments to demonstrate that it exceptionally does not satisfy the requirements ofset out in paragraph 1, the Commission shall apply paragraph 6 to assess whether the criteria although it meets all the thresholds set out in paragraph 2, the Commission shall designate that provider as a gatekeeper, in accordance with the procedure laid down in Article 15(3), if it concludes that the provider was not able to demonstrate that the relevant core platform service it provides does not satisfy the requirements set out in paragraph 1 are met.
Amendment 370 #
2020/0374(COD)
Proposal for a regulation
Article 3 – paragraph 4 – subparagraph 1 a (new)
Article 3 – paragraph 4 – subparagraph 1 a (new)
When a provider of a core platform service fails to provide within the deadline the relevant information required to assess its designation as gatekeeper pursuant to Article 3(2), the Commission shall be entitled to designate that provider as a gatekeeper based on the facts available.
Amendment 375 #
2020/0374(COD)
Proposal for a regulation
Article 3 – paragraph 6 – introductory part
Article 3 – paragraph 6 – introductory part
6. The Commission may identify as a gatekeeper, in accordance with the procedure laid down in Article 15, any provider of core platform services that meets each of the requirements of paragraph 1, but does not satisfy each of the thresholds of paragraph 2, or has presented sufficiently substantiated arguments in accordance with paragraph 4.
Amendment 381 #
2020/0374(COD)
Proposal for a regulation
Article 3 – paragraph 6 – subparagraph 1 – point e a (new)
Article 3 – paragraph 6 – subparagraph 1 – point e a (new)
(e a) the degree of multi-homing among business users and active end users
Amendment 385 #
2020/0374(COD)
Proposal for a regulation
Article 3 – paragraph 6 – subparagraph 1 – point f
Article 3 – paragraph 6 – subparagraph 1 – point f
(f) other relevant business or service characteristics, such as a corporate structure or vertical integration of the undertaking providing core platform services, for instance allowing cross subsidisation or combination of data from different sources or other structural market characteristics.
Amendment 390 #
2020/0374(COD)
Proposal for a regulation
Article 3 – paragraph 6 – subparagraph 3
Article 3 – paragraph 6 – subparagraph 3
Where the provider of a core platform service that satisfies the quantitative thresholds of paragraph 2 fails to comply with the investigative measures ordered by the Commission in a significant manner within 2 months and the failure persists after the provider has been invited to comply within a reasonable time-limit3 months and to submit observations, the Commission shall be entitled to designate that provider as a gatekeeper based on the facts available.
Amendment 392 #
2020/0374(COD)
Proposal for a regulation
Article 3 – paragraph 6 – subparagraph 4
Article 3 – paragraph 6 – subparagraph 4
Where the provider of a core platform service that does not satisfy the quantitative thresholds of paragraph 2 fails to comply with the investigative measures ordered by the Commission in a significant manner and the failure persists after the provider has been invited to comply within a reasonable time-limit2 months and to submit observations, the Commission shall be entitled to designate that provider as a gatekeeper based on facts available.
Amendment 397 #
2020/0374(COD)
Proposal for a regulation
Article 3 – paragraph 7 a (new)
Article 3 – paragraph 7 a (new)
7 a. When designating a gatekeeper, the Commission shall specify, under Article 7, which obligations are to be implemented by the gatekeeper, taking into account the business models of the gatekeeper concerned.
Amendment 399 #
2020/0374(COD)
Proposal for a regulation
Article 3 – paragraph 8
Article 3 – paragraph 8
8. The gatekeeper shallCommission shall publish and update the list of gatekeepers and the list of the core platform services for which they need to comply with the obligations laid down in Articles 5 and 6 within six months after a core platform service has been included in the list pursuant to paragraph 7 of this Articleon an ongoing basis and send the lists, and each update thereof, to the European Parliament.
Amendment 410 #
2020/0374(COD)
(a) refrain from combining personal data sourced from theseany of its core platform services with personal data from any other core platform service or other services offered by the gatekeeper or with personal data from third-party services, and from signing in end users to other services of the gatekeeper in order to combine personal data, unless the end user has been presented with the specific choice and provided consent in the sense of Article 6(1)(a) of Regulation (EU) 2016/679. ;The gatekeeper shall be entitled to rely on point (c) or point (d) of Article 6(1) of Regulation (EU) 2016/679 as a legal basis, where applicable.
Amendment 420 #
2020/0374(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) allow business users to offer the same products or services to end users by any other means, including through third party online intermediation services and through the business users’ own direct online sales channel sat prices or conditions that are different from those offered through the online intermediation services of the gate keeper;
Amendment 427 #
2020/0374(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b a (new)
Article 5 – paragraph 1 – point b a (new)
(b a) refrain from requiring business users to inform the gatekeeper of differentiated prices or conditions they choose to apply to their own channel of distribution or through third party online intermediation services;
Amendment 428 #
2020/0374(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) allow business users to promote offers to end users acquired via the core platform serviceor to otherwise communicate with end users within or outside the core platform service, or through other channels, and to conclude contracts with these end users regardless of whether for that purpose they use the core platform services of the gatekeeper or not, and allow end users to access and use, through the core platform services of the gatekeeper, content, subscriptions, features or other items by using the software application of a business user, where these items have been acquired by the end users from the relevant business user without using the core platform services of the gatekeeper, unless the gatekeeper can demonstrate that such access bypasses the security measures of the gatekeeper's core platform service;
Amendment 430 #
2020/0374(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) allow business users to promote offers to end users acquired via the core platform serviceor to otherwise communicate with end users within or outside the core platform service, or through other channels, and to conclude contracts with these end users regardless of whether for that purpose they use the core platform services of the gatekeeper or not, and allow end users to access and use, through the core platform services of the gatekeeper, content, subscriptions, features or other items by using the software application of a business user, where these items have been acquired by the end users from the relevant business user without using the core platform services of the gatekeeper;
Amendment 442 #
2020/0374(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) refrain from requiring business users to use, offer or interoperate with an identification service and a payment service, or a technical service supporting the provision of payment services of the gatekeeper in the context of services offered by the business users using the core platform services of that gatekeeper;
Amendment 452 #
2020/0374(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point g
Article 5 – paragraph 1 – point g
(g) provide each advertisers and publishers to which it supplies advertising services, upon their request, withservices with free of charge, high-quality, and effective access to information concerning the price paid by the advertiser and publisheror advertising intermediary, as well as the amount or remuneration paid to the publisher, for the publishing of a given ad and for each of the relevant advertising services provided by the gatekeeper.
Amendment 456 #
2020/0374(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point g a (new)
Article 5 – paragraph 1 – point g a (new)
(g a) refrain from restricting or obstructing the ability of end users to use their own software license when using the cloud computing service of the gatekeeper.
Amendment 489 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) allow end users to un-install any pre-installed software applications on its core platform service and refrain from exclusively enabling its own core platform services as default services when equivalent alternative services which perform the same function can be proposed, without prejudice to the possibility for a gatekeeper to restrict such un-installation in relation to software applications that are essential for the functioning of the operating system or of the device and which cannot technically be offered on a standalone basis by third- parties;
Amendment 495 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) allow and technically enable the installation and effective use of third party software applications or software application stores using, or interoperating with, operating systems of that gatekeeper and allow these software applications or software application stores to be accessed by means other than the core platform services of that gatekeeper. The gatekeeper shall not be prevented from taking proportionate measures to ensure that third party software applications or software application stores do not endanger the integrity of the hardware or operating system provided by the gatekeeper, provided that such proportionate measures are duly justified;
Amendment 499 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) refrain from treating differently or more favourably in ranking, display, installation, activation, or default settings, services and products offered by the gatekeeper itself or by any third party belonging to the same undertaking compared to similar services or products of third party and apply fair and non- discriminatory conditions to such ranking, display,installation, activation and default settings;
Amendment 502 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point e
Article 6 – paragraph 1 – point e
(e) refrain from technically restricting the ability of end users to switch between and subscribe to different software applications and services to be accessed using the operating system or the cloud computing services of the gatekeeper, including as regards the choice of Internet access service provider for end users, or using its virtual assistant;
Amendment 507 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point f
Article 6 – paragraph 1 – point f
(f) allow business users and providers of ancillary services access to and interoperability with the same operating system, hardware or software features that are available or used in the provision by the gatekeeper of anyor other features, including near-field- communication antennas or technology related to those antennas, that are available or used in the provision of any ancillary services or industry-standard features of its core platform services; in such cases, access and interoperability conditions shall be fair, reasonable and non-discriminatory. The gatekeeper shall not be prevented from taking in dispensable measures to ensure that third party ancillary services do not endanger or compromise the integrity of the operating system, hardware or software features provided by the gatekeeper, provided that such indispensable measures are duly justified by the gatekeeper, while providing free of charge alternative access and interoperability to enable effective provision of ancillary services;
Amendment 518 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point g
Article 6 – paragraph 1 – point g
(g) provide advertisers and publishers, or third parties authorised by advertisers and publishers, upon their request and free of charge, with effective and real time 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, including aggregated data and performance data in a manner that would allow advertisers and publishers to run their own verification and measurement tools to assess performance of the core services provided by the gatekeepers;
Amendment 525 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point h
Article 6 – paragraph 1 – point h
(h) provide effective portability of data generated through the activity of a business user or end user and shall, in particular, provide tools forfree of charge and technically accessible tools for business users, or third parties authorised by a business user, and end users to facilitate the exercise of data portability, in line with Regulation (EU) 2016/679, including by the provision of continuous and real-time access ;
Amendment 532 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point i
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, including personal data, that is provided for or generated in the context of the use of the relevant core platform services or of ancillary services offered by the gatekeeper 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 that data is 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; ;
Amendment 537 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point k
Article 6 – paragraph 1 – point k
(k) apply fair and non-discriminatory general conditions of access and treatment for business users to its software application store core platform services including software application store, cloud computing services, online search engines and online social networking services designated pursuant to Article 3 of this Regulation.
Amendment 540 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point k a (new)
Article 6 – paragraph 1 – point k a (new)
(k a) provide its end users with clear, fair and non-discriminatory licensing conditions, including charges and fees, preventing material changes that limit the use of software applications or services which are used on, or in conjunction with acore service platform of the gatekeeper, and enabling the reasonable expected use of the software application or services,including after its transfer to another end user, if applicable.
Amendment 544 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point k b (new)
Article 6 – paragraph 1 – point k b (new)
(k b) refrain from imposing on business users or end users software applications or services which are used on, or in conjunction with a core service platform of the gatekeeper, any licensing conditions or economic terms that have the effect of limiting, in a discriminatory manner relative to the gatekeeper’s own offerings, end users’ ability or economic incentive to use software applications or services on, or in conjunction with, products or services that compete with those of the gatekeeper for instance by attributing a preferential treatment to its own offerings which would bring them forward to the attention of the end users or business users.
Amendment 555 #
2020/0374(COD)
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1 a. Within six months after its designation and in application of Article 3(8), the gatekeeper shall provide the Commission with a report describing in a detailed and transparent manner the measures implemented to ensure compliance with the obligations set out in Articles5 and 6. This report shall be updated by the gatekeeper at least annually.
Amendment 557 #
2020/0374(COD)
Proposal for a regulation
Article 7 – paragraph 1 b (new)
Article 7 – paragraph 1 b (new)
1 b. Within six months after its designation pursuant to Article 3, the gatekeeper shall publish and provide the Commission with a non-confidential summary of the report referred to in paragraph 1a of this Article. The Commission shall publish without delay the non-confidential summary of the report. This non-confidential summary shall be updated each time the report referred to in paragraph 1 of this Article is updated.
Amendment 559 #
2020/0374(COD)
Proposal for a regulation
Article 7 – paragraph 2
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 act on its own initiative and may by decision specify the measures that the gatekeeper concerned shall implement. The Commission shall adopt such a decision wias soon as possible, and in any case no later thian six months from the opening of proceedings pursuant to Article 18.
Amendment 564 #
2020/0374(COD)
Proposal for a regulation
Article 7 – paragraph 2 b (new)
Article 7 – paragraph 2 b (new)
2 b. A gatekeeper may request an opening of proceedings pursuant to Article 18 in order for the Commission to determine whether the measures that the gatekeeper intends to implement or has implemented under Article 6 are effective in achieving the objective of the relevant obligation in the specific circumstances. A gatekeeper shall, in its request, provide a reasoned submission to explain in particular, why the measures that it intends to implement or has implemented are effective in achieving the objective of the relevant obligation in the specific circumstances.
Amendment 568 #
2020/0374(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. In view of adopting the decision under paragraph 2, the Commission shall communicate its preliminary findings wias soon as possible, and in any case no later thian three months from the opening of the proceedings. In the preliminary findings, the Commission shall explain the measures it considers to take or it considers that the provider of core platform services concerned should take in order to effectively address the preliminary findings.
Amendment 578 #
2020/0374(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The Commission may, on a reasoned request by the gatekeeper, exceptionally suspend, in whole or in part, a specific obligation laid down in Articles 5 and 6 for a core platform service by decision adopted in accordance with the advisory procedure referred to in Article 32(4), where the gatekeeper demonstrates that compliance with that specific obligation would endanger, due to exceptional circumstances beyond the control of the gatekeeper, the economic viability of the operation of the gatekeeper in the Union, and only to the extent necessary to address such threat to its viability. The Commission shall aim to adopt the suspension decision without delay and at the latest 3 months following receipt of a complete reasoned request. The suspension decision shall be accompanied by a reasoned statement explaining the grounds for the suspension.
Amendment 580 #
2020/0374(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Where the suspension is granted pursuant to paragraph 1, the Commission shall review its suspension decision every year. Following such a review the Commission shall either in whole or in part lift the suspension or decide that the conditions of paragraph 1 continue to be met.
Amendment 582 #
2020/0374(COD)
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 1
Article 8 – paragraph 3 – subparagraph 1
In assessing the request, the Commission shall take into account, in particular, the impact of the compliance with the specific obligation on the economic viability of the operation of the gatekeeper in the Union as well as on third parties, in particular smaller business users and consumers. The suspension may be made subject to conditions and obligations to be defined by the Commission in order to ensure a fair balance between these interests and the objectives of this Regulation. Such a request may be made and granted at any time pending the assessment of the Commission pursuant to paragraph 1.
Amendment 583 #
2020/0374(COD)
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 1 a (new)
Article 8 – paragraph 3 – subparagraph 1 a (new)
Where the exemption is granted pursuant paragraph 1, the Commission shall review its exemption decision every year. Following such a review, the Commission shall either lift the exemption or decide that the conditions of paragraph 1 continue to be met.
Amendment 595 #
2020/0374(COD)
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1 a. The delegated acts that update the obligations laid down in Articles 5 and 6 in accordance with the first subparagraph shall be limited to: (a) extending any obligation that applies to a certain core platform service or to any other core platform service listed in point (2) of Article 2; (b) specifying the manner in which the obligations of the gatekeepers under Articles 5 and 6 are to be implemented, including through the incorporation of specifications under point (2) of Article 7 into the obligations; (c) extending any obligation that identifies a certain subset of users as beneficiaries to any other subset of users as beneficiaries; (d) supplementing or amending the obligations with a view to improving the effectiveness of the application of those obligations and preventing their circumvention.
Amendment 599 #
2020/0374(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point a
Article 10 – paragraph 2 – point a
(a) there is an imbalance of rights and obligations on business users andor the gatekeeper is obtaining an advantage from business users that is disproportionate to the service provided by the gatekeeper to business users; or
Amendment 604 #
2020/0374(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. A gatekeeper shall ensure that the obligations of Articles 5 and 6 are fully and effectively complied with. While the obligations of Articles 5 and 6 apply in respect of core platform services designated pursuant to Article 3, their implementation shall not be undermined by any behaviour of thea gatekeeper, including any undertaking to which the gatekeeper belongs, shall not engage in any behaviour regardless of whether this behaviour is of a contractual, commercial, technical or any other nature that would undermine these obligations.
Amendment 608 #
2020/0374(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. A gatekeeper shall not degrade the conditions or quality of any of the core platform services provided to business users or end users who avail themselves of the rights or choices laid down in Articles 5 and 6, or make the exercise of those rights or choices unduly difficult including by offering choices to the end-user in a non-neutral manner, or by subverting user's autonomy, decision-making, or choice via the structure, function or manner of operation of a user interface or a part thereof.
Amendment 630 #
2020/0374(COD)
Proposal for a regulation
Article 15 – paragraph 2
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 wias soon as possible, and in any case no later thian six 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).
Amendment 636 #
2020/0374(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Where the provider of core platform services satisfies the thresholds set out in Article 3(2), but has presented significantly substantiated arguments in accordance with Article 3(4), the Commission shall endeavour to conclude the market investigation wias soon as possible, and in any case no later thian five months from the opening of the market investigation by a decision pursuant to paragraph 1. In that case the Commission shall endeavour to communicate its preliminary findings pursuant to paragraph 2 to the provider of core platform services wias soon as possible, and in any case no later thian three months from the opening of the investigation.
Amendment 642 #
2020/0374(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The Commission may conduct a market investigation for the purpose of examining whether a gatekeeper has engaged in systematic non-compliance. 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 where appropriate, be entitled to require the remedies to be tested to optimise their effectiveness. The Commission shall conclude its investigation by adopting a decision wias soon as possible, and in any case no later thian twelve months from the opening of the market investigation.
Amendment 655 #
2020/0374(COD)
Proposal for a regulation
Article 16 – paragraph 5
Article 16 – paragraph 5
5. The Commission shall communicate its objections to the gatekeeper concerned wias soon as possible, and in any case no later thian six 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.
Amendment 662 #
2020/0374(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point b a (new)
Article 17 – paragraph 2 – point b a (new)
(b a) The Commission shall be entitled to impose interim measures if there is a risk of serious and immediate damage for business users or end users of gatekeepers.
Amendment 666 #
2020/0374(COD)
Proposal for a regulation
Article 19 – paragraph 6
Article 19 – paragraph 6
6. At the request of the Commission, the governments and authorities of the Member Statcompetent national competition authorities shall provide the Commission with all necessary information to carry out the duties assigned to it by this Regulation.
Amendment 667 #
2020/0374(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
The Commission mayand the competent national competition authorities, may, in accordance with Article 32a, interview any natural or legal person which consents to being interviewed for the purpose of collecting information, relating to the subject-matter of an investigation, pursuant to Articles 7, 16, 17, 25 and 26, including in relation to the monitoring, implementing and enforcing of the rules laid down in this Regulation.
Amendment 668 #
2020/0374(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. The Commission, upon a prior notice, may conduct on- site inspections at the premises of an undertaking or association of undertakings.
Amendment 672 #
2020/0374(COD)
Proposal for a regulation
Article 21 a (new)
Article 21 a (new)
Article 21 a Reporting mechanism for business users and end users 1. Business users, competitors and end users of the core platform services may report to the Commission or national regulators any practice or behaviour by gatekeepers that falls within the scope of this Regulation, including non- compliance. The Commission and Member States shall inform each other of such reports. 2. The Commission shall set its priorities for the task of examining the reports referred to paragraph 1. Subject to the provisions of paragraph 5 of this Article and of Article 33, the Commission may choose not to examine a report on the grounds that it does not consider such a report to bean enforcement priority. 3. When the Commission considers that a report is an enforcement priority, it may open a proceeding pursuant to Article 18 or a market investigation pursuant to Article 144. Without prejudice to Article 33, a Member State may request the Digital Markets Advisory Committee to adopt an opinion in order to determine if one or several reports should be considered an enforcement priority. The opinion may request the Commission to open a proceeding pursuant to Article 18 or a market. The Advisory Committee shall adopt an opinion within 1 month. In its opinion, it shall state the reasons why the report is considered to be, or not to be, an enforcement priority. If the report considers it to be an enforcement priority, the Commission shall, within four months, examine whether there are reasonable grounds for opening such a proceeding or investigation. 4. Where the Commission does not comply with the request of the Advisory Committee, it shall state the reasons for not initiating a proceeding under Article 18 or a market investigation under Article 14.
Amendment 674 #
2020/0374(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. In case of urgency due to the risk of serious and irreparablmmediate damage for business users or end users of gatekeepers, the Commission may, by decision adopt in accordance with the advisory procedure referred to in Article 32(4), order interim measures against a gatekeeper on the basis of a prima facie finding of an infringement of Articles 5 or 6.
Amendment 676 #
2020/0374(COD)
Proposal for a regulation
Article 22 – paragraph 2 a (new)
Article 22 – paragraph 2 a (new)
2 a. In the case of urgency, due to the risk of serious and immediate damage for business users or end users of gatekeepers, resulting from new practices implemented by one or more gatekeepers that could undermine contestability of core platform services or that could be unfair pursuant to Article 10(2), the Commission may impose interim measures on the concerned gatekeepers in order to avoid the materialization of such risk.
Amendment 677 #
2020/0374(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. If during proceedings under Articles 16 or 25 the gatekeeper concerned offers commitments for the relevant core platform services to ensure compliance with the obligations laid down in Articles 5 and 6, the Commission may by decision adopted in accordance with the advisory procedure referred to in Article 32(4) make those commitments binding on that gatekeeper and declare that there are no further grounds for action. The Commission shall, where appropriate, be entitled to require the commitments to be tested to optimise their effectiveness.
Amendment 693 #
2020/0374(COD)
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. In the non-compliance decision adopted pursuant to paragraph 1, the Commission shall order the gatekeeper to cease and desist with the non-compliance within an appropriate deadline and to provide explanations on how it plans to comply with the decisionimpose behavioural or structural remedies as necessary and proportionate to the infringement.
Amendment 712 #
2020/0374(COD)
Proposal for a regulation
Article 30 – paragraph 1 a (new)
Article 30 – paragraph 1 a (new)
1 a. If the Commission considers it necessary, it may also hear other natural or legal persons before taking the decision as provided for in paragraph 1.
Amendment 727 #
2020/0374(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. The Commission shall be assisted by the Digital Markets Advisory Committee. That Committee shall be a Committee within the meaning of Regulation (EU) No 182/2011. Each Member State shall appoint two representatives to the Committee. If the appointed representatives are unable to attend, other representatives may replace them. At least one of the representatives of a Member State shall be competent in matters of restrictive practices, abuses of dominant positions and other forms of unilateral conduct. Member States shall take all necessary measures to ensure the protection of confidential information by their representatives.
Amendment 731 #
2020/0374(COD)
Proposal for a regulation
Article 32 a (new)
Article 32 a (new)
Amendment 735 #
2020/0374(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. When three or more Member States request the Commission to open an investigation pursuant to Articles 15, 16 and 17 or institute proceedings in respect of possible non-compliance pursuant to Article 25 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 withiat a gatekeeper is not complying with its obligations as laid down in Articles 5 and 6, that one or more services within the digital sector should be added to the list of core platform services pursuant to point (2) of Article 2 or that there are reasonable grounds to suspect that one or several types of practices are not effectively addressed by this Regulation and can limit the contestability of core platform services or can be unfair, the Commission shall as soon as possible, and in any case no later than four months examine whether there are reasonable grounds to open such an investigation.
Amendment 749 #
2020/0374(COD)
Proposal for a regulation
Article 36 – paragraph 1 – introductory part
Article 36 – paragraph 1 – introductory part
1. The Commission may adopt implementing acts concerning Articles: 3, 6, 12, 13, 15, 16, 17, 20, 22, 23, 25 and 30 with respect to:
Amendment 758 #
2020/0374(COD)
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
2. The evaluations shall establish whether inclusion of additional rules or deletion of the existing ones, including regarding the list of core platform services laid down in point 2 of Article 2, the obligations laid down in Articles 5 and 6 and their enforcement, may be required to ensure that digital markets across the Union are contestable and fair. Following the evaluations, the Commission shall take appropriate measures, which may include legislative proposals.
Amendment 84 #
2020/0361(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to achieve the objective of ensuring a safe, predictable and trusted online environment, for the purpose of this Regulation the concept of “illegal content” should be defined broadly and also covers information relating to illegal content, products, services and activities. In particular, that concept should be understood to refer to information, irrespective of its form, that under the applicable law is either itself illegal, such as illegal hate speech or terrorist content and unlawful discriminatory content, or that relates to activities that are illegal, such as the sharing of images depicting child sexual abuse, unlawful non- consensual sharing of private images, online stalking, the sale of non-compliant or counterfeit products, illegally-traded animals, the non-authorised use of copyright protected material or activities involving infringements of consumer protection law. In this regard, it is immaterial whether the illegality of the information or activity results from Union law or from national law that is consistent with Union law and what the precise nature or subject matter is of the law in question.
Amendment 87 #
2020/0361(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Considering the particular characteristics of the services concerned and the corresponding need to make the providers thereof subject to certain specific obligations, it is necessary to distinguish, within the broader category of providers of hosting services as defined in this Regulation, the subcategory of online platforms. Online platforms, such as social networks, content-sharing platforms, search engines, livestreaming platforms, messaging services or online marketplaces, should be defined as providers of hosting services that not only store information provided by the recipients of the service at their request, but that also disseminate that information to the public, again at their request. However, in order to avoid imposing overly broad obligations, providers of hosting services should not be considered as online platforms where the dissemination to the public is merely a minor and purely ancillary feature of another service and that feature cannot, for objective technical reasons, be used without that other, principal service, and the integration of that feature is not a means to circumvent the applicability of the rules of this Regulation applicable to online platforms. For example, the comments section in an online newspaper could constitute such a feature, where it is clear that it is ancillary to the main service represented by the publication of news under the editorial responsibility of the publisher.
Amendment 90 #
2020/0361(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The concept of ‘dissemination to the public’, as used in this Regulation, should entail the making available of information to a large or potentially unlimited number of persons, that is, making the information easily accessible to users in general without further action by the recipient of the service providing the information being required, irrespective of whether those persons actually access the information in question. Accordingly, where access to information requires registration or admission to a user group, such information should only be considered to be publicly available when users seeking to access such information are automatically registered or admitted without human intervention to decide or select the users to whom access is granted. The mere possibility to create groups of users of a given service, including a messaging service, should not, in itself, be understood to mean that the information disseminated in that manner is not disseminated to the public. However, the concept should exclude dissemination of information within closed groups consisting of a finlimited number of pre- determined persons, taking into account the potential for groups to become tools for wide dissemination of content to the public. Interpersonal communication services, as defined in Directive (EU) 2018/1972 of the European Parliament and of the Council,39 such as emails or private messaging services, fall outside the scope of this Regulation if they do not meet the above criteria for "dissemination to the public" . Information should be considered disseminated to the public within the meaning of this Regulation only where that occurs upon the direct request by the recipient of the service that provided the information. File-sharing services and other cloud services fall within the scope of this Regulation, to the extent that such services are used to make the stored information available to the public at the direct request of the content provider. _________________ 39Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (Recast), OJ L 321, 17.12.2018, p. 36
Amendment 122 #
2020/0361(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) The territorial scope of such orders to act against illegal content should be clearly set out on the basis of the applicable Union or national law enabling the issuance of the order and should not exceed what is strictly necessary to achieve its objectives. In that regard, the national judicial or administrative authority issuing the order should balance the objective that the order seeks to achieve, in accordance with the legal basis enabling its issuance, with the rights and legitimate interests of all third parties that may be affected by the order, in particular their fundamental rights under the Charter. In addition, where the order referring to the specific information may have effects beyond the territory of the Member State of the authority concerned, the authority should assess whether the information at issue is likely to constitute illegal content in other Member States concerned and, where relevant, take account of the relevant rules of Union law, national law, or international law and the interests of international comity.
Amendment 123 #
2020/0361(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) Orders to act against illegal content and to provide information are subject to the rules safeguarding the competence of the Member State where the service provider addressed is established and laying down possible derogations from that competence in certain cases, set out in Article 3 of Directive 2000/31/EC, only if the conditions of that Article are met. Given that the orders in question relate to specific items of illegal content and information under either Union or national law, respectively, where they are addressed to providers of intermediary services established in another Member State, they do not in principle restrict those providers’ freedom to provide their services across borders. Therefore, the rules set out in Article 3 of Directive 2000/31/EC, including those regarding the need to justify measures derogating from the competence of the Member State where the service provider is established on certain specified grounds and regarding the notification of such measures, do not apply in respect of those orders.
Amendment 158 #
2020/0361(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) In order to contribute to a safe, trustworthy and transparent online environment for consumers, as well as for other interested parties such as competing traders and holders of intellectual property rights, and to deter traders from selling products or services in violation of the applicable rules, online platforms allowing consumers to conclude distance contracts with tradermarketplaces should ensure that such traders are traceable. The trader should therefore be required to provide certain essential information to the online platformprovider of the online marketplace, including for purposes of promoting messages on or offering products. That requirement should also be applicable to traders that promote messages on products or services on behalf of brands, based on underlying agreements. Those online platforms should store all information in a secure manner for a reasonable period of time that does not exceed what is necessary, so that it can be accessed, in accordance with the applicable law, including on the protection of personal data, by public authorities and private parties with a legitimate interest, including through the orders to provide information referred to in this Regulation.
Amendment 160 #
2020/0361(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) To ensure an efficient and adequate application of that obligation, without imposing any disproportionate burdens, the online platformproviders of online marketplaces covered should make reasonable efforts to verify the reliability of the information provided by the traders concerned, in particular by using freely available official online databases and online interfaces, such as national trade registers and the VAT Information Exchange System45 , or by requesting the traders concerned to provide trustworthy supporting documents, such as copies of identity documents, certified bank statements, company certificates and trade register certificates. They may also use other sources, available for use at a distance, which offer a similar degree of reliability for the purpose of complying with this obligation. However, the online platformproviders of online marketplaces covered should not be required to engage in excessive or costly online fact-finding exercises or to carry out verifications on the spot. Nor should such online platformproviders, which have made the reasonable efforts required by this Regulation, be understood as guaranteeing the reliability of the information towards consumer or other interested parties. Such online platformProviders of online marketplaces should also design and organise their online interface in a user- friendly way that enables traders to comply with their obligations under Union law, in particular the requirements set out in Articles 6 and 8 of Directive 2011/83/EU of the European Parliament and of the Council46 , Article 7 of Directive 2005/29/EC of the European Parliament and of the Council47 and Article 3 of Directive 98/6/EC of the European Parliament and of the Council48 . The online interface shall allow traders to provide the information allowing for the unequivocal identification of the product or the service, including labelling requirements, in compliance with legislation on product safety and product compliance. _________________ 45 https://ec.europa.eu/taxation_customs/vies/ vieshome.do?selectedLanguage=en 46Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council 47Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to- consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) 48Directive 98/6/EC of the European Parliament and of the Council of 16 February 1998 on consumer protection in the indication of the prices of products offered to consumers
Amendment 163 #
2020/0361(COD)
Proposal for a regulation
Recital 50 a (new)
Recital 50 a (new)
(50 a) Providers of online marketplaces should demonstrate their best efforts in preventing the dissemination by traders of illegal products and services. In compliance with the no general monitoring provision, providers shall inform recipients when the service or product they have acquires through their services is illegal. Once notified of an illegal product as foreseen in Article 14, providers of online marketplaces should take measures to prevent such notified products and services from being reuploaded on their marketplace.
Amendment 181 #
2020/0361(COD)
Proposal for a regulation
Recital 57
Recital 57
(57) Three categories of systemic risks should be assessed in-depth. A first category concerns the risks associated with the misuse of their service through the dissemination of illegal content, such as the dissemination of child sexual abuse material or illegal hate speech, and the conduct of illegal activities, such as the sale of products or services prohibited by Union or national law, including counterfeit products and illegally-traded animals. For example, and without prejudice to the personal responsibility of the recipient of the service of very large online platforms for possible illegality of his or her activity under the applicable law, such dissemination or activities may constitute a significant systematic risk where access to such content may be amplified through accounts with a particularly wide reach. A second category concerns the impact of the service on the exercise of fundamental rights, as protected by the Charter of Fundamental Rights, including the freedom of expression and information, the right to private life, the right to non-discrimination and the rights of the child. Such risks may arise, for example, in relation to the design of the algorithmic systems used by the very large online platform or the misuse of their service through the submission of abusive notices or other methods for silencing speech or hampering competition. A third category of risks concerns the intentional and, oftentimes, coordinated manipulation of the platform’s service, with a foreseeable impact on health, civic discourse, electoral processes, public security and protection of minors, having regard to the need to safeguard public order, protect privacy and fight fraudulent and deceptive commercial practices. Such risks may arise, for example, through the creation of fake accounts, the use of bots, and other automated or partially automated behaviours, which may lead to the rapid and widespread dissemination of information that is illegal content or incompatible with an online platform’s terms and conditions.
Amendment 189 #
2020/0361(COD)
Proposal for a regulation
Recital 63 a (new)
Recital 63 a (new)
(63 a) By associating advertisement with content uploaded by users, very large online platform could indirectly lead to the promotion of illegal content, or content that is in breach of their terms and condition and could risk to considerably damage the brand image of the buyers of advertising space. In order to prevent such practice, the very large online platforms should ensure, including through standard contractual guarantees to the purchasers of advertising space, that the content to which they associate advertisements is legal, and compliant with their terms and conditions. Furthermore, the very large online platforms should allow advertisers to have access to the results of audits carried out independently and evaluating platforms’ commitments and tools for brand safety.
Amendment 216 #
2020/0361(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) This Regulation should complement, yet not affect the application of rules resulting from other acts of Union law regulating certain aspects of the provision of intermediary services, in particular Directive 2000/31/EC, with the exception of those changes introduced by this Regulation, Directive 2010/13/EU of the European Parliament and of the Council as amended,28 and Regulation (EU) …/.. of the European Parliament and of the Council29 – proposed Terrorist Content Online Regulation. Therefore, this Regulation leaves those other acts, which are to be considered lex specialis in relation to the generally applicable framework set out in this Regulation, unaffected. This regulation should also respect the competences of Member States to adopt laws promoting freedom and pluralism of the media as well as cultural and linguistic diversity. However, the rules of this Regulation apply in respect of issues that are not or not fully addressed by those other acts as well as issues on which those other acts leave Member States the possibility of adopting certain measures at national level. __________________ 28 Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (Text with EEA relevance), OJ L 95, 15.4.2010, p. 1 . 29Regulation (EU) …/.. of the European Parliament and of the Council – proposed Terrorist Content Online Regulation
Amendment 221 #
2020/0361(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) It should be clarified that this Regulation is without prejudice to the rules of Union law on copyright and related rights, in particular Directive (EU) 2019/790 on Copyright and Related Rights in Digital Single Market, which establish specific rules and procedures that should remain unaffected.
Amendment 230 #
2020/0361(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to achieve the objective of ensuring a safe, predictable and trusted online environment, for the purpose of this Regulation the concept of “illegal content” should be defined broadly and also covers information relating to illegal content, products, services and activities. In particular, that concept should be understood to refer to information, irrespective of its form, that under the applicable law is either itself illegal, such as illegal hate speech or terrorist content and unlawful discriminatory content, or that relates to activities that are illegal, such as the sharing of images depicting child sexual abuse, unlawful non- consensual sharing of private images, online stalking, the sale of non-compliant or counterfeit products, the non-authorised use of copyright protected material or activities involving infringements of consumer protection law. In this regard, it is immaterial whether the illegality of the information or activity results from Union law or from national law that is consistent with Union law, including the EU Charter on Fundamental Rights and what the precise nature or subject matter is of the law in question.
Amendment 236 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point i a (new)
Article 2 – paragraph 1 – point i a (new)
(i a) 'online marketplace' means an online platform that allows consumers to conclude distance contracts with other traders or consumers
Amendment 239 #
2020/0361(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Considering the particular characteristics of the services concerned and the corresponding need to make the providers thereof subject to certain specific obligations, it is necessary to distinguish, within the broader category of providers of hosting services as defined in this Regulation, the subcategory of online platforms. Online platforms, such as social networks, content-sharing platforms, search engines, livestreaming platforms, messaging services or online marketplaces, should be defined as providers of hosting services that not only store information provided by the recipients of the service at their request, but that also disseminate that information to the public, again at their request. However, in order to avoid imposing overly broad obligations, providers of hosting services should not be considered as online platforms where the dissemination to the public is merely a minor and purely ancillary feature of another service and that feature cannot, for objective technical reasons, be used without that other, principal service, and the integration of that feature is not a means to circumvent the applicability of the rules of this Regulation applicable to online platforms. For example, the comments section in an online newspaper could constitute such a feature, where it is clear that it is ancillary to the main service represented by the publication of news under the editorial responsibility of the publisher.
Amendment 244 #
2020/0361(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The concept of ‘dissemination to the public’, as used in this Regulation, should entail the making available of information to a large or potentially unlimited number of persons, that is, making the information easily accessible to users in general without further action by the recipient of the service providing the information being required, irrespective of whether those persons actually access the information in question. Accordingly, where access to information requires registration or admission to a user group, such information should only be considered to be publicly available when users seeking to access such information are automatically registered or admitted without human intervention to decide or select the users to whom access is granted. The mere possibility to create groups of users of a given service, including a messaging service should not, in itself, be understood to mean that the information disseminated in that manner is not disseminated to the public. However, the concept should exclude dissemination of information within closed groups consisting of a finlimited number of pre- determined persons taking into account the potential for groups to become tools for wide dissemination of content to the public. Interpersonal communication services, as defined in Directive (EU) 2018/1972 of the European Parliament and of the Council,39 such as emails or private messaging services, fall outside the scope of this Regulation where they do not meet the above criteria for "dissemination to the public". Information should be considered disseminated to the public within the meaning of this Regulation only where that occurs upon the direct request by the recipient of the service that provided the information. File-sharing services and other cloud services fall within the scope of this Regulation, to the extent that such services are used to make the stored information available to the public at the direct request of the content provider. __________________ 39Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (Recast), OJ L 321, 17.12.2018, p. 36
Amendment 286 #
2020/0361(COD)
Proposal for a regulation
Article 12 – paragraph -1 (new)
Article 12 – paragraph -1 (new)
-1. Providers of intermediary services shall ensure that their terms and conditions prevent the recipients of their services from providing information that is not compliant with Union law or the law of the Member State where the information is provided. Any additional restrictions that providers of intermediary services may impose in relation to the use of their service and the information provided by the recipients of the service shall be in full compliance with the fundamental rights of the recipients of the services as enshrined in the Charter.
Amendment 299 #
2020/0361(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) In order to create legal certainty and not to discourage activities aimed at detecting, identifying and acting against illegal content that providers of intermediary services may undertake on a voluntary basis, it should be clarified that the mere fact that providers undertake such activities does not lead to the unavailability of the exemptions from liability set out in this Regulation, provided those activities are carried out in good faith and in a diligent manner. In addition, it is appropriate to clarify that the mere fact that those providers take measures, in good faith, to comply with the requirements of Union law, including those set out in this Regulation as regards the implementation of their terms and conditions, should not lead to the unavailability of those exemptions from liability. Therefore, any such activities and measures that a given provider may have taken in order to detect, identify and act against illegal content on a voluntary basis should not be taken into account when determining whether the provider can rely on an exemption from liability, in particular as regards whether the provider provides its service neutrally and can therefore fall within the scope of the relevant provision, without this rule however implying that the provider can necessarily rely thereon.
Amendment 301 #
2020/0361(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) the number of notices submitted in accordance with Article 14, categorised by the type of alleged illegal content concerned, the number of notices submitted by trusted flaggers, any action taken pursuant to the notices by differentiating whether the action was taken on the basis of the law or the terms and conditions of the provider, and the average time needed for taking the action;
Amendment 313 #
2020/0361(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Providers of intermediary services should not be subject to a monitoring obligation with respect to obligations of a general nature. This does not concern monitoring obligations in a specific case and, in particular, does not affect orders by national authorities in accordance with national legislation, in accordance with the conditions established in this Regulation. Nothing in this Regulation should be construed as an imposition of a general monitoring obligation or active fact-finding obligation, or as a general obligation for providers to take proactive measures to relation to illegal content. This should be without prejudice to decisions of Member States to require service providers, who host information provided by users of their service, to apply due diligence measures.
Amendment 314 #
2020/0361(COD)
Proposal for a regulation
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1 a. The information provided shall be broken down per Member State in which services are offered and in the Union as a whole.
Amendment 316 #
2020/0361(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Paragraphs 1 and 1a shall not apply to providers of intermediary services that qualify as micro or small enterprises within the meaning of the Annex to Recommendation 2003/361/EC.
Amendment 322 #
2020/0361(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) Depending on the legal system of each Member State and the field of law at issue, national judicial or administrative authorities may order providers of intermediary services to act against certain specific items of illegal content or to provide certain specific items of information. The national laws in conformity with the Union law, including the EU Charter on Fundamental Rights on the basis of which such orders are issued differ considerably and the orders are increasingly addressed in cross-border situations. In order to ensure that those orders can be complied with in an effective and efficient manner, so that the public authorities concerned can carry out their tasks and the providers are not subject to any disproportionate burdens, without unduly affecting the rights and legitimate interests of any third parties, it is necessary to set certain conditions that those orders should meet and certain complementary requirements relating to thensure the effective processing of those orders.
Amendment 328 #
2020/0361(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) Orders to act against illegal content or to provide information should be issued in compliance with Union law, including the EU Charter on Fundamental Rights and in particular Regulation (EU) 2016/679 and the prohibition of general obligations to monitor information or to actively seek facts or circumstances indicating illegal activity laid down in this Regulation. The competent authorities of Member States should be able to object to the Board orders to act against illegal content, that they consider are in breach of the Union law, including the Charter. The procedure for objection should be simplified and fast-tracked when such orders are issued from an administrative or judicial authority of a Member State that is under an Article 7 procedure for infringement of European values according to Article 2 of TEU. The conditions and requirements laid down in this Regulation which apply to orders to act against illegal content are without prejudice to other Union acts providing for similar systems for acting against specific types of illegal content, such as Regulation (EU) …/…. [proposed Regulation addressing the dissemination of terrorist content online], or Regulation (EU) 2017/2394 that confers specific powers to order the provision of information on Member State consumer law enforcement authorities, whilst the conditions and requirements that apply to orders to provide information are without prejudice to other Union acts providing for similar relevant rules for specific sectors. Those conditions and requirements should be without prejudice to retention and preservation rules under applicable national law, in conformity with Union law and confidentiality requests by law enforcement authorities related to the non- disclosure of information.
Amendment 333 #
2020/0361(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) The territorial scope of such orders to act against illegal content should be clearly set out on the basis of the applicable Union or national law in conformity with the Union law, including the EU Charter on Fundamental Rights enabling the issuance of the order and should not exceed what is strictly necessary to achieve its objectives. In that regard, the national judicial or administrative authority issuing the order should balance the objective that the order seeks to achieve, in accordance with the legal basis enabling its issuance, with the rights and legitimate interests of all third parties that may be affected by the order, in particular their fundamental rights under the Charter. In addition, where the order referring to the specific information may have effects beyond the territory of the Member State of the authority concerned, the authority should assess whether the information at issue is likely to constitute illegal content in other Member States concerned and, where relevant, take account of the relevant rules of national, Union law or international law and the interests of international comity.
Amendment 339 #
2020/0361(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) Orders to act against illegal content and to provide information are subject to the rules safeguarding the competence of the Member State where the service provider addressed is established and laying down possible derogations from that competence in certain cases, set out in Article 3 of Directive 2000/31/EC, only if the conditions of that Article are met. Given that the orders in question relate to specific items of illegal content and information as defined in Union or national law in conformity with the Union law, including the EU Charter on Fundamental Rights, respectively, where they are addressed to providers of intermediary services established in another Member State, they do not in principle restrict those providers’ freedom to provide their services across borders. Therefore, the rules set out in Article 3 of Directive 2000/31/EC, including those regarding the need to justify measures derogating from the competence of the Member State where the service provider is established on certain specified grounds and regarding the notification of such measures, do not apply in respect of those orders.
Amendment 367 #
2020/0361(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
This Section shall not apply to online platforms that qualify as micro or small enterprises, within the meaning of the Annex to Recommendation 2003/361/EC. The Commission should assess the need to exclude micro and small entreprises that reach a large audience, based a number of average monthly active recipients of the service in the Union, calculated in accordance with the methodology set out in the delegated acts referred to in article 25, paragraph 3.
Amendment 377 #
2020/0361(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) Providers of hosting services play a particularly important role in tackling illegal content online, as they store information provided by and at the request of the recipients of the service and typically give other recipients access thereto, sometimes on a large scale. It is important that all providers of hosting services, regardless of their size, put in place user-friendly notice and action mechanisms that facilitate the notification of specific items of information that the notifying party considers to be illegal content to the provider of hosting services concerned ('notice'), pursuant to which that provider can decide whether or not it agrees with that assessment and wishes to remove or disable access to that content ('action'). Provided the requirements on notices are met, it should be possible for individuals or entities to notify multiple specific items of allegedly illegal content through a single notice. The obligation to put in place notice and action mechanisms should apply, for instance, to file storage and sharing services, web hosting services, advertising servers and paste bins, in as far as they qualify as providers of hosting services covered by this Regulation. Furthermore, the notice and action mechanism should be complemented by ‘stay down’ provisions whereby providers of hosting services should demonstrate their best efforts in order to prevent from reappearing content which is identical to another piece of content that has already been identified and removed by them as illegal. The application of this requirement should not lead to any general monitoring obligation.
Amendment 394 #
2020/0361(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) Where a hosting service provider decides to remove or disable information provided by a recipient of the service, for instance following receipt of a notice or acting on its own initiative, including through the use of automated means, that have been proven to be efficient, proportionate and reliable, that provider should inform the recipient of its decision, the reasons for its decision and the available redress possibilities to contest the decision, in view of the negative consequences that such decisions may have for the recipient, including as regards the exercise of its fundamental right to freedom of expression. That obligation should apply irrespective of the reasons for the decision, in particular whether the action has been taken because the information notified is considered to be illegal content or incompatible with the applicable terms and conditions. Available recourses to challenge the decision of the hosting service provider should always include judicial redress.
Amendment 412 #
2020/0361(COD)
Proposal for a regulation
Article 19 – paragraph 4 a (new)
Article 19 – paragraph 4 a (new)
4 a. Member States can acknowledge trusted flaggers recognized in another Member State as a trusted flagger on their own territory. Trusted flaggers can be awarded the status of European trusted flagger;
Amendment 415 #
2020/0361(COD)
Proposal for a regulation
Article 19 – paragraph 7
Article 19 – paragraph 7
7. The Commission, after consulting the Board, mayshall issue guidance to assist online platforms and Digital Services Coordinators in the application of paragraphs 2, 5 and 6.
Amendment 423 #
2020/0361(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) The misuse of services of online platforms by frequently providing manifestly illegal content or by frequently submitting manifestly unfounded notices or complaints under the mechanisms and systems, respectively, established under this Regulation undermines trust and harms the rights and legitimate interests of the parties concerned. Therefore, there is a need to put in place appropriate and, proportionate and effective safeguards against such misuse. Information should be considered to be manifestly illegal content and notices or complaints should be considered manifestly unfounded where it is evident to a layperson, without any substantive analysis, that the content is illegal respectively that the notices or complaints are unfounded. Under certain conditions, online platforms should temporarily suspend their relevant activities in respect of the person engaged in abusive behaviour. This is without prejudice to the freedom by online platforms to determine their terms and conditions and establish stricter measures in the case of manifestly illegal content related to serious crimes. For reasons of transparency, this possibility should be set out, clearly and in sufficiently detail, in the terms and conditions of the online platforms. Redress should always be open to the decisions taken in this regard by online platforms and they should be subject to oversight by the competent Digital Services Coordinator. The rules of this Regulation on misuse should not prevent online platforms from taking other measures to address the provision of illegal content by recipients of their service or other misuse of their services, in accordance with the applicable Union and national law. Those rules are without prejudice to any possibility to hold the persons engaged in misuse liable, including for damages, provided for in Union or national law.
Amendment 429 #
2020/0361(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) An online platform may in some instances become aware, such as through a notice by a notifying party or through its own voluntary measures, of information relating to certain activity of a recipient of the service, such as the provision of certain types of illegal content, that reasonably justify, having regard to all relevant circumstances of which the online platform is aware, the suspicion that the recipient may have committed, may be committing or is likely to commit a serious criminal offence involving a threat to the life or safety of person, notably when it concerns vulnerable users, such as offences specified in Directive 2011/93/EU of the European Parliament and of the Council44 . In such instances, the online platform should inform without delay the competent law enforcement authorities of such suspicion, providing all relevant information available to it, including where relevant the content in question and an explanation of its suspicion. This Regulation does not provide the legal basis for profiling of recipients of the services with a view to the possible identification of criminal offences by online platforms. Online platforms should also respect other applicable rules of Union or national law for the protection of the rights and freedoms of individuals when informing law enforcement authorities. __________________ 44Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA (OJ L 335, 17.12.2011, p. 1).
Amendment 433 #
2020/0361(COD)
Proposal for a regulation
Recital 48 a (new)
Recital 48 a (new)
(48a) Where an online platform becomes aware of any information giving rise to a suspicion that a serious criminal offence involving a threat to the life or safety of persons has taken place, is taking place or is likely to take place, it should remove or disable the content and promptly inform the law enforcement or judicial authorities of the Member State or Member States concerned of its suspicion and provide all available relevant information.
Amendment 437 #
2020/0361(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) In order to contribute to a safe, trustworthy and transparent online environment for consumers, as well as for other interested parties such as competing traders and holders of intellectual property rights, and to deter traders from selling products or services in violation of the applicable rules, online platforms allowing consumers to conclude distance contracts with tradermarketplaces should ensure that such traders are traceable. The trader should therefore be required to provide certain essential information to the online platformproviders of online marketplaces, including for purposes of promoting messages on or offering products. That requirement should also be applicable to traders that promote messages on products or services on behalf of brands, based on underlying agreements. Those online platforms should store all information in a secure manner for a reasonable period of time that does not exceed what is necessary, so that it can be accessed, in accordance with the applicable law, including on the protection of personal data, by public authorities and private parties with a legitimate interest, including through the orders to provide information referred to in this Regulation.
Amendment 441 #
2020/0361(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) To ensure an efficient and adequate application of that obligation, without imposing any disproportionate burdens, the online platformproviders of online marketplaces covered should make reasonable efforts to verify the reliability of the information provided by the traders concerned, in particular by using freely available official online databases and online interfaces, such as national trade registers and the VAT Information Exchange System45 , or by requesting the traders concerned to provide trustworthy supporting documents, such as copies of identity documents, certified bank statements, company certificates and trade register certificates. They may also use other sources, available for use at a distance, which offer a similar degree of reliability for the purpose of complying with this obligation. However, the online platformproviders of online marketplaces covered should not be required to engage in excessive or costly online fact-finding exercises or to carry out verifications on the spot. Nor should such online platformproviders, which have made the reasonable efforts required by this Regulation, be understood as guaranteeing the reliability of the information towards consumer or other interested parties. Such online platformProviders of online marketplaces should also design and organise their online interface in a user- friendly way that enables traders to comply with their obligations under Union law, in particular the requirements set out in Articles 6 and 8 of Directive 2011/83/EU of the European Parliament and of the Council46 , Article 7 of Directive 2005/29/EC of the European Parliament and of the Council47 and Article 3 of Directive 98/6/EC of the European Parliament and of the Council48 . The online interface should allow traders to provide the information referred to in Article 22a of this Regulation, the information referred to in Article 6 of Directive 2011/83/EU on Consumers Rights, information on sustainability of products, and information allowing for the unequivocal identification of the product or the service, including labelling requirements, in compliance with legislation on product safety and product compliance. __________________ 45 https://ec.europa.eu/taxation_customs/vies/ vieshome.do?selectedLanguage=en 46Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council 47Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to- consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) 48Directive 98/6/EC of the European Parliament and of the Council of 16 February 1998 on consumer protection in the indication of the prices of products offered to consumers
Amendment 445 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 1 – introductory part
Article 22 – paragraph 1 – introductory part
1. Where an online platform allows consumers to conclude distance contracts with traders, itProviders of online marketplaces shall ensure that traders can only use itstheir services to promote messages on or to offer products or services to consumers located in the Union if, prior to the use of itstheir services, the online platformmarketplaces hasve obtained the following information:
Amendment 449 #
2020/0361(COD)
Proposal for a regulation
Recital 50 a (new)
Recital 50 a (new)
(50a) Providers of online marketplaces should demonstrate their best efforts to prevent the dissemination by traders of illegal products and services. In compliance with the no general monitoring principle, providers should inform recipients when the service or product they have acquired through their services is illegal. Once notified of an illegal product or service as foreseen in Article 14, providers of online marketplaces should take effective and proportionate measures to prevent such products or services from reappearing on their online marketplace.
Amendment 457 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. The online platformprovider of the online marketplace shall, upon receiving that information, make reasonable efforts to assess 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 an authorized administrator or a Member States or the Union or through requests to the trader to provide supporting documents from reliable sources.
Amendment 457 #
2020/0361(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) Online advertisement plays an important role in the online environment, including in relation to the provision of the services of online platforms. However, online advertisement can contribute to significant risks, ranging from advertisement that is itself illegal content, to contributing to financial incentives for the publication or amplification of illegal or otherwise harmful content and activities online, or the discriminatory display of advertising with an impact on the equal treatment and opportunities of citizens. In addition to the requirements resulting from Article 6 of Directive 2000/31/EC, online platforms should therefore be required to ensure that the recipients of the service have certain individualised information necessary for them to understand when and on whose behalf the advertisement is displayed. In addition, recipients of the service should have an easy access to information on the main parameters used for determining that specific advertising is to be displayed to them, providing meaningful explanations of the logic used to that end, including when this is based on profiling. The requirements of this Regulation on the provision of information relating to advertisement is without prejudice to the application of the relevant provisions of Regulation (EU) 2016/679, in particular those regarding the right to object, automated individual decision- making, including profiling and specifically the need to obtain consent of the data subject prior to the processing of personal data for targeted advertising. Similarly, it is without prejudice to the provisions laid down in Directive 2002/58/EC in particular those regarding the storage of information in terminal equipment and the access to information stored therein.
Amendment 459 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. The online platformprovider of the online marketplace shall, upon receiving that information, make reasonable efforts to assess 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 sources.
Amendment 464 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 3 – subparagraph 1
Article 22 – paragraph 3 – subparagraph 1
3. Where the online platformprovider of the online marketplace obtains indications that any item of information referred to in paragraph 1 obtained from the trader concerned is inaccurate or incomplete, that platformmarketplace shall request the trader to correct the information in so far as necessary to ensure that all information is accurate and complete, without delay or within the time period set by Union and national law.
Amendment 467 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
4. The online platformprovider of the online marketplace 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 delete the information.
Amendment 467 #
2020/0361(COD)
Proposal for a regulation
Recital 53
Recital 53
(53) Given the importance of very large online platforms, due to their reach, in particular as expressed in number of recipients of the service, in facilitating public debate, economic transactions and the dissemination of information, opinions and ideas and in influencing how recipients obtain and communicate information online, it is necessary to impose specific obligations on those platforms, in addition to the obligations applicable to all online platforms. Those additional obligations on very large online platforms are necessary to address those public policy concerns, including regarding misleading information or any other types of harmful content there being no alternative and less restrictive measures that would effectively achieve the same result.
Amendment 470 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 5
Article 22 – paragraph 5
5. Without prejudice to paragraph 2, the platformrovider of the online marketplace shall only disclose the information to third parties where so required in accordance with the applicable law, including the orders referred to in Article 9 and any orders issued by Member States’ competent authorities or the Commission for the performance of their tasks under this Regulation.
Amendment 471 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 6
Article 22 – paragraph 6
6. The online platformprovider of the online marketplace shall make the information referred to in points (a), (d), (e) and (f) of paragraph 1 available to the recipients of the service, in a clear, easily accessible and comprehensible manner.
Amendment 473 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 7
Article 22 – paragraph 7
7. The online platformprovider of the online marketplace shall design and organise its online interface in a fair and user-friendly way that enables traders to comply with their obligations regarding pre-contractual information and product safety information under applicable Union law.
Amendment 475 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 7 a (new)
Article 22 – paragraph 7 a (new)
7 a. The online interface shall allow traders to provide the information allowing for the unequivocal identification of the product or the service, and, where applicable, the information concerning the labelling, including CE marking, which are mandatory under applicable legislation on product safety and product compliance.
Amendment 476 #
2020/0361(COD)
Proposal for a regulation
Recital 57
Recital 57
(57) Three categories of systemic risks should be assessed in-depth. A first category concerns the risks associated with the misuse of their service through the dissemination of illegal content, such as the dissemination of child sexual abuse material or illegal hate speech, and the conduct of illegal activities, such as the sale of products or services prohibited by Union or national law, including counterfeit products or the display of copyright-infringing content. For example, and without prejudice to the personal responsibility of the recipient of the service of very large online platforms for possible illegality of his or her activity under the applicable law, such dissemination or activities may constitute a significant systematic risk where access to such content may be amplified through accounts with a particularly wide reach. A second category concerns the impact of the service on the exercise of fundamental rights, as protected by the Charter of Fundamental Rights, including the freedom of expression and information, the right to private life, the right to non-discrimination and the rights of the child. Such risks may arise, for example, in relation to the design of the algorithmic systems used by the very large online platform or the misuse of their service through the submission of abusive notices or other methods for silencing speech or hampering competition, hampering competition or the way platforms' terms and conditions including content moderation policies, are enforced, including through automatic means. With respect to this category of risks, a particular attention should be paid to the detrimental effect of intimidation of independent press and the harassment of journalists, in particular women who are more often victims of hateful speech and online threats. These should be considered systemic risk as referred to in Article 26 as they pose threat to democratic values, media freedom, freedom of expression and information, and should be subject to dedicated mitigating measures as referred to in Article 27, and priority notice through trusted flaggers as referred to in Article 19. A third category of risks concerns the intentional and, oftentimes, coordinated manipulation of the platform’s service, with a foreseeable impact on health, fundamental rights, civic discourse, electoral processes, public security and protection of minors, having regard to the need to safeguard public order, protect privacy and fight fraudulent and deceptive commercial practices. Such risks may arise, for example, through the creation of fake accounts, the use of bots, and other automated or partially automated behaviours, which may lead to the rapid and widespread dissemination of information that is illegal content or incompatible with an online platform’s terms and conditions.
Amendment 477 #
2020/0361(COD)
Proposal for a regulation
Article 22 a (new)
Article 22 a (new)
Article 22 a Additional provisions for online marketplaces related to illegal offers 1. The provider of the online marketplace shall take adequate measures in order to prevent the dissemination by traders using its service of offers for a product or a service, which do not comply with Union law. 2. Where the provider of the online marketplace obtains indication including the elements listed in points (a) and (b) of paragraph 2 of Article 14, and according to which an item of information referred to in Article 22 is inaccurate, that online marketplace service provider shall request the trader to give evidence of the accuracy of that item of information or to correct it, without delay. 3. Before the trader's offer is made available on the online marketplace, the provider of the online marketplace shall verify, with regard to the information referred to in paragraph 8 of Article 22, if the offer that the trader wishes to propose to consumers located in the Union is mentioned in the list, or the lists, of products or categories of products identifies as non compliant, as classified in any freely accessible official online database or online interface, and shall not authorise the trade to provide the offer if that the product is on such list. 4. Where a provider of the online marketplace becomes aware of the illegal nature of a product or service offered through its services, it shall inform those recipients of the service that had acquired such product or contracted such service. 5. The provider of the online marketplace shall demonstrate its best effort to put in place proportionate mechanisms to prevent offers for products that were previously notified in accordance with Article 14 on as counterfeiting from reappearing on the platform. Such mechanisms should not lead to general monitoring in conformity with Article 7 . 6. The provider of the online marketplace shall suspend without undue delay the provision of its services to traders that provide in a repeated manner or illegal offers for a product or a service. It shall immediately notify its decision to the trader.
Amendment 484 #
2020/0361(COD)
Proposal for a regulation
Recital 58
Recital 58
(58) Very large online platforms should deploy the necessary means to diligently mitigate the systemic risks identified in the risk assessment. Very large online platforms should under such mitigating measures consider, for example, enhancing or otherwise adapting the design and functioning of their content moderation, algorithmic recommender systems and online interfaces, so that they discourage and limit the dissemination of illegal content, adapting their decision-making processes, or adapting their terms and condition and intentional manipulation and exploitation of the service, including amplification of harmful content, adapting their decision-making processes, or adapting their terms and conditions, as well as making content moderation policies and the way they are enforced fully transparent for the users. They may also include corrective measures, such as discontinuing advertising revenue for specific content, or other actions, such as improving the visibility of authoritative information sources. Very large online platforms may reinforce their internal processes or supervision of any of their activities, in particular as regards the detection of systemic risks. They may also initiate or increase cooperation with trusted flaggers, organise training sessions and exchanges with trusted flagger organisations, and cooperate with other service providers, including by initiating or joining existing codes of conduct or other self-regulatory measures. Any measures adopted should respect the due diligence requirements of this Regulation and be effective and appropriate for mitigating the specific risks identified, in the interest of safeguarding public order, protecting privacy and fighting fraudulent and deceptive commercial practices, and should be proportionate in light of the very large online platform’s economic capacity and the need to avoid unnecessary restrictions on the use of their service, taking due account of potential negative effects on the fundamental rights of the recipients of the service.
Amendment 495 #
2020/0361(COD)
Proposal for a regulation
Recital 62
Recital 62
(62) A core part of a very large online platform’s business is the manner in which information is prioritised and presented on its online interface to facilitate and optimise access to information for the recipients of the service. This is done, for example, by algorithmically suggesting, ranking and prioritising information, distinguishing through text or other visual representations, or otherwise curating information provided by recipients. Such recommender systems can have a significant impact on the ability of recipients to retrieve and interact with information online. They also play an important role in the amplification of certain messages, the viral dissemination of information and the stimulation of online behaviour. Moreover, these recommender systems can also impact media consumption and cultural practices of users, and may risk locking them into a bubble without providing them with the possibility to open up to other content. Consequently, very large online platforms should ensure that recipients are appropriately informed, and can influence the information presented to them. They should clearly present the main parameters for such recommender systems in an easily comprehensible manner to ensure that the recipients understand how information is prioritised for them. They should also ensure that the recipients enjoy alternative options for the main parameters, including options that are not based on profiling of the recipient.
Amendment 501 #
2020/0361(COD)
Proposal for a regulation
Recital 63 a (new)
Recital 63 a (new)
(63a) The practice of very large online platforms to associate advertisement with content uploaded by users, could indirectly lead to the promotion of illegal content, or content that is in breach of their terms and conditions and could risk to considerably damage the brand image of the buyers of advertising space. In order to prevent such practice, the very large online platforms should ensure, including through standard contractual guarantees to the buyers of advertising space, that the content to which they associate advertisements is legal, and compliant with their terms and conditions. Furthermore, the very large online platforms should allow advertisers to have access to the results of audits carried out independently and evaluating the commitments and tools of platforms for protecting the brand image of the buyers of advertising space ("brand safety").
Amendment 503 #
2020/0361(COD)
Proposal for a regulation
Recital 64
Recital 64
(64) In order to appropriately supervise the compliance of very large online platforms with the obligations laid down by this Regulation, the Digital Services Coordinator of establishment or the Commission may require access to or reporting of specific data. Such a requirement may include, for example, the data necessary to assess the risks and possible harms, such as the dissemination of illegal and amplification of harmful content brought about by the platform’s systems, data on the accuracy, functioning and testing of algorithmic systems for content moderation, recommender systems or advertising systems, or data on processes and outputs of content moderation or of internal complaint- handling systems within the meaning of this Regulation. Investigations by researchers on the evolution and severity of online systemic risks are particularly important for bridging information asymmetries and establishing a resilient system of risk mitigation, informing online platforms, Digital Services Coordinators, other competent authorities, the Commission and the public. This Regulation therefore provides a framework for compelling access to data from very large online platforms to vetted researchers. All requirements for access to data under that framework should be proportionate and appropriately protect the rights and legitimate interests, including trade secrets and other confidential information, of the platform and any other parties concerned, including the recipients of the service.
Amendment 516 #
2020/0361(COD)
Proposal for a regulation
Recital 67
Recital 67
(67) The Commission and the Board should encourage the drawing-up of codes of conduct to contribute to the application of this Regulation, as well as the compliance of online platforms with the provisions of these codes. While the implementation of codes of conduct should be measurable and subject to public oversight, this should not impair the voluntary nature of such codes and the freedom of interested parties to decide whether to participate. In certain circumstances, it is important that very large online platforms cooperate in the drawing-up and adhere to specific codes of conduct. Nothing in this Regulation prevents other service providers from adhering to the same standards of due diligence, adopting best practices and benefitting from the guidance provided by the Commission and the Board, by participating in the same codes of conduct.
Amendment 522 #
2020/0361(COD)
Proposal for a regulation
Recital 68
Recital 68
(68) It is appropriate that this Regulation identify certain areas of consideration for such codes of conduct. In particular, risk mitigation measures concerning specific types of illegal content should be explored via self- and co-regulatory agreements. Another area for consideration is the possible negative impacts of systemic risks on society and democracy, such as disinformation, harmful content or manipulative and abusive activities. This includes coordinated operations aimed at amplifying information, including disinformation, such as the use of bots or fake accounts for the creation of fake or misleading information, sometimes with a purpose of obtaining economic gain, which are particularly harmful for vulnerable recipients of the service, such as children. In relation to such areas, adherence to and compliance with a given code of conduct by a very large online platform may be considered as an appropriate risk mitigating measure. The refusal without proper explanations by an online platform of the Commission’s invitation to participate in the application of such a code of conduct could be taken into account, where relevant, when determining whether the online platform has infringed the obligations laid down by this Regulation.
Amendment 525 #
2020/0361(COD)
Proposal for a regulation
Article 26 – paragraph 1 – introductory part
Article 26 – paragraph 1 – introductory part
1. Very large online platforms shall identify, analyse and assess, from the date of application referred to in the second subparagraph of Article 25(4), at least once a year thereafter, any significant systemic risks stemming from the functioning and use made of their services in the Union. The risk assessment shall be broken down per Member State in which services are offered and in the Union as a whole. This risk assessment shall be specific to their services and shall include the following systemic risks:
Amendment 527 #
2020/0361(COD)
Proposal for a regulation
Recital 69
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, since the Commission willhas issued guidance for strengthening the Code of practice on disinformation as announced in the European Democracy Action Plan in May 2021.
Amendment 540 #
2020/0361(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point c
Article 26 – paragraph 1 – point c
(c) intentional manipulation of their service, including by means of inauthentic use, deep fakes or automated exploitation of the service, with an actual or foreseeable negative effect on the protection of public health, minors, civic discourse, or actual or foreseeable effects related to electoral processes and public security.
Amendment 563 #
2020/0361(COD)
Proposal for a regulation
Article 27 – paragraph 2 – introductory part
Article 27 – paragraph 2 – introductory part
2. The Board, in cooperation with the Commission, shall publish comprehensive reports, once a year, which. The reports of the Board shall be broken down per Member State in which the systemic risks occur and in the Union as a whole. The reports shall be published in all the official languages of the Member States of the Union. The reports shall include the following:
Amendment 610 #
2020/0361(COD)
2 a. Online platforms shall ensure that their online interface is designed in such a way that it does not risk misleading or manipulating the recipients of the service.
Amendment 617 #
2020/0361(COD)
Proposal for a regulation
Article 30 – paragraph 2 – point b a (new)
Article 30 – paragraph 2 – point b a (new)
(b a) the natural or legal person who paid for the advertisement;
Amendment 622 #
2020/0361(COD)
Proposal for a regulation
Article 30 – paragraph 2 a (new)
Article 30 – paragraph 2 a (new)
Amendment 623 #
2020/0361(COD)
Proposal for a regulation
Article 30 – paragraph 2 a (new)
Article 30 – paragraph 2 a (new)
2 a. The Board shall, together with trusted flaggers and vetted researchers, publish guidelines on the way add libraries should be organized.
Amendment 624 #
2020/0361(COD)
Proposal for a regulation
Article 30 – paragraph 2 b (new)
Article 30 – paragraph 2 b (new)
2 b. Very large online platforms that display advertising on their online interfaces shall conduct at their own expense, and upon request of advertisers , independent audits performed by organisations complying with the criteria set out in Article 28(2). Such audits shall be based on fair and proportionate conditions agreed between platforms and advertisers, shall be conducted with a reasonable frequency and shall entail: (a) conducting quantitative and qualitative assessment of cases where advertising is associated with illegal content or with content incompatible with platforms’ terms and conditions; (b) monitoring for and detecting of fraudulent use of their services to fund illegal activities; (c) assessing the performance of their tools in terms of brand safety. The audit report shall include an opinion on the performance of platforms’ tools in terms of brand safety. Where the audit opinion is not positive, the report shall make operational recommendations to the platforms on specific measures in order to achieve compliance. The platforms shall make available to advertisers, upon request, the results of such audit.
Amendment 625 #
2020/0361(COD)
Proposal for a regulation
Article 30 – paragraph 2 b (new)
Article 30 – paragraph 2 b (new)
2 b. Very large online platforms shall label inauthentic video’s (‘deep fakes’) as inauthentic in a way that is clearly visible for the internet user.
Amendment 632 #
2020/0361(COD)
Proposal for a regulation
Article 1 – paragraph 5 – point c
Article 1 – paragraph 5 – point c
(c) Union law on copyright and related rights, in particular Directive (EU) 2019/790 on Copyright and Related Rights in Digital Single Market;
Amendment 641 #
2020/0361(COD)
Proposal for a regulation
Article 33 – paragraph 2 a (new)
Article 33 – paragraph 2 a (new)
2 a. The reports shall include content moderation broken down per Member State in which the services are offered and in the Union as a whole.
Amendment 642 #
2020/0361(COD)
Proposal for a regulation
Article 33 – paragraph 2 b (new)
Article 33 – paragraph 2 b (new)
2 b. The reports shall be published in the official languages of the Member States of the Union.
Amendment 677 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point f – indent 3 a (new)
Article 2 – paragraph 1 – point f – indent 3 a (new)
- an ‘online search engine’ as defined in point (5) of Article 2 of Regulation (EU) 2019/1150;
Amendment 679 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point f a (new)
Article 2 – paragraph 1 – point f a (new)
(fa) live streaming platform services shall be defined as information society services of which the main or one of the main purposes is to give the public access to audio or video material that is live broadcasted by its users, which it organises and promotes for profit-making purposes;
Amendment 680 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point f b (new)
Article 2 – paragraph 1 – point f b (new)
(fb) private messaging services shall be defined as number-independent interpersonal communications services as defined in Article 2(7) of Directive (EU) 2018/1972, excluding transmission of electronic mail as defined in Article 2 (h) of Directive 2002/58/EC;
Amendment 704 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point h a (new)
Article 2 – paragraph 1 – point h a (new)
(ha) ‘online marketplace’ means an online platform that allows consumers to conclude distance contracts with other traders or consumers on their platform;
Amendment 730 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point p a (new)
Article 2 – paragraph 1 – point p a (new)
(pa) ‘deep fake’ means a generated or manipulated image, audio or video content that appreciably resembles existing persons, objects, places or other entities or events and falsely appears to a person to be authentic or truthful;
Amendment 772 #
2020/0361(COD)
Proposal for a regulation
Article 5 – paragraph 3
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 traderproviders of online marketplaces, where such an online platformmarketplace 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 platformmarketplace itself or by a recipient of the service who is acting under its authority or control.
Amendment 785 #
2020/0361(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Providers of intermediary services shall not be deemed ineligible for the exemptions from liability referred to in Articles 3, 4 and 5 solely because they carry out voluntary own-initiative investigations or other activities aimed at detecting, identifying and removing, or disabling of access to, illegal content, or take the necessary measures to comply with the requirements of Union law, including thoseor national law, in conformity with the Union law, including the EU Charter on Fundamental Rights, and the requirements set out in this Regulation.
Amendment 803 #
2020/0361(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Providers of intermediary services shall, upon the receipt of an order to act against a specific item of illegal content, issued by the relevant national judicial or administrative authorities, on the basis of the applicable Union or national law, in conformity with Union lawor national law, that is in conformity with Union law, including the EU Charter on Fundamental Rights, inform the authority issuing the order of the effect given to the orders, without undue delay, specifying the action taken and the moment when the action was taken.
Amendment 835 #
2020/0361(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point c
Article 8 – paragraph 2 – point c
(c) the order is drafted in the language declared by the provider and is sent to the point of contact, appointed by the provider, in accordance with Article 10, or in the official language of the Member State that issues the order against the specific item of illegal content. In such case, the point of contact may request the competent authority to provide translation into the language declared by the provider.
Amendment 845 #
2020/0361(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The Digital Services Coordinator from the Member State of the judicial or administrative authority issuing the order shall, without undue delay, transmit a copy of the orders referred to in paragraph 1 to all other Digital Services Coordinators through the system established in accordance with Article 67. Where upon receiving the copy of the order, at least three Digital Services Coordinators consider that the order violates Union or national law, that is in conformity with the Union Law, including the Charter, they can object the enforcement of the order to the Board, based on a reasoned statement. Following recommendation of the Board, the Commission may decide whether the order shall be enforced. Where the order to act against a specific item of illegal content under Union or national law has been issued by the national judicial or administrative authority of a Member State that is under an Article 7 procedure for infringement of European values according to Article 2 of TEU, any Digital Service Coordinator may object the order directly to the Commission. The Commission shall assess the objection to the order as a matter of priority and decide whether the order should be enforced as swiftly as possible and no later than 48 hours upon receipt of the objection.
Amendment 850 #
2020/0361(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. The conditions and requirements laid down in this article shall be without prejudice to requirements under national criminal procedural law in conformity with Union law, including the EU Charter on Fundamental Rights.
Amendment 858 #
2020/0361(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Providers of intermediary services shall, upon receipt of an order to provide a specific item of information about one or more specific individual recipients of the service, issued by the relevant national judicial or administrative authorities on the basis of the applicable Union or national law, in conformity with Union law, inform without undue delay the authority of issuing the order of its receipt and the effect given to the order. Where no effect has been given to the order, providers of intermediary services shall provide without delay the authority of issuing the order with a statement of reasons as to why the order was not given an effect.
Amendment 872 #
2020/0361(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point a – indent 1
Article 9 – paragraph 2 – point a – indent 1
— a statement of reasons explaining the objective foraccording to which the information is required and why the requirement to provide the information is necessary and proportionate to determine compliance by the recipients of the intermediary services with applicable Union or national rules, unless such a statement cannot be provided for reasons related to the prevention, investigation, detection and prosecution of criminal offences;
Amendment 878 #
2020/0361(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point c
Article 9 – paragraph 2 – point c
(c) the order is drafted in the language declared by the provider and is sent to the point of contact appointed by that provider, in accordance with Article 10, or in the official language of the Member State that issues the order against the specific item of illegal content. In such case, the point of contact may request the competent authority to provide translation into the language declared by the provider;
Amendment 933 #
2020/0361(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Providers of intermediary services shall include information on any restrictions that they impose in relation to the use of their service in respect of information provided by the recipients of the service, in their terms and conditions. That information shall include information on any policies, procedures, measures and tools used for the purpose of content moderation, including algorithmic decision-making and human review. It shall be set out in clear and ensure that their terms and conditions prevent the recipients of their services from providing information that is not compliant with Union law or the law of the Member State where the information is provided. Any additional restrictions that providers of intermediary services may impose in relation to the use of their service and the information provided by the recipients of the service shall be in full compliance with the fundambiguous language and shall be publicly available in an easily accessible formatental rights of the recipients of the services as enshrined in the EU Charter on Fundamental Rights.
Amendment 935 #
2020/0361(COD)
Proposal for a regulation
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
Amendment 941 #
2020/0361(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Providers of intermediary services shall actpply and enforce the restrictions referred to in paragraph 2 in a diligent, objective and, timely, proportionate manner in applying and enforcing the restrictions referred to in paragraph 1and non- discriminatory manner, with due regard to the rights and legitimate interests of all parties involved, including the applicable fundamental rights of the recipients of the service as enshrined in the Charternational and Union law, including the EU Charter on Fundamental Rights.
Amendment 976 #
2020/0361(COD)
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
1. Providers of intermediary services shall publish, at least once a year, clear, easily accessible, comprehensible, and detailed reports on any content moderation they engaged in during the relevant period. The reports shall be available in searchable archives. Those reports shall include, in particular, information on the following, as applicable:
Amendment 985 #
2020/0361(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) the number of notices submitted in accordance with Article 14, categorised by the type of alleged illegal content concerned, the number of notices submitted by trusted flaggers, any action taken pursuant to the notices by differentiating whether the action was taken on the basis of the law or the terms and conditions of the provider, and the average time needed for taking the action;
Amendment 1000 #
2020/0361(COD)
Proposal for a regulation
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1a. The information provided shall be broken down per Member State in which services are offered and in the Union as a whole.
Amendment 1007 #
2020/0361(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Paragraph 1 and 1a shall not apply to providers of intermediary services that qualify as micro or small enterprises within the meaning of the Annex to Recommendation 2003/361/EC.
Amendment 1020 #
2020/0361(COD)
Proposal for a regulation
Chapter III – Section 2 – title
Chapter III – Section 2 – title
Additional provisions applicable to providers of hosting services, including online platforms and to providers of live streaming platform services and of private messaging services
Amendment 1022 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Providers of hosting services, providers of live streaming platform services and of private messaging services shall put mechanisms in place to allow any individual or entity to notify them of the presence on their service of specific items of information that the individual or entity considers to be illegal content, or content that is in breach with their terms and conditions. Those mechanisms shall be easy to access, user- friendly, and allow for the submission of notices exclusively by electronic means and may include: (a) a clearly identifiable banner or single reporting button, allowing users to notify quickly and easily the providers of these services of illegal content they have encountered; (b) providing information to the users on what is considered illegal content under Union and national law; (c) providing information to the users on available national public tools to signal illegal content to the competent authorities.
Amendment 1033 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 2 – introductory part
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 diligent economic operator can identify the illegality or the breach of the content in question with the terms and conditions. To that end, the providers shall take the necessary measures to enable and facilitate the submission of notices containing all of the following elements:
Amendment 1038 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point a
Article 14 – paragraph 2 – point a
(a) an explanation of the reasons why the individual or entity considers the information in question to be illegal content, or content that is in breach with providers' terms and conditions;
Amendment 1043 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point b
Article 14 – paragraph 2 – point b
(b) a clear indication of the electronic location of that information, in particular the exact URL or URLs, and, where necessary, additional information enabling the identification of the illegal content, or content that is in breach with providers' terms and conditions;
Amendment 1074 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 6
Article 14 – paragraph 6
6. Providers of hosting services, of live streaming platform services and of private messaging services shall process any notices that they receive under the mechanisms referred to in paragraph 1, and take their decisions in respect of the information to which the notices relate, or in respect of the recipient of the service who provided this information, in a timely, diligent non-discriminatory and objective manner. Where they use automated means for that processing or decision-making, they shall include information on such use in the notification referred to in paragraph 4.
Amendment 1080 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 6 a (new)
Article 14 – paragraph 6 a (new)
6a. Providers of hosting services, of live streaming platform services and of private messaging services shall demonstrate their best efforts to prevent from reappearing content which is identical to another piece of content that has already been identified and removed by them as illegal. The application of this requirement shall not lead to any general monitoring obligation.
Amendment 1094 #
2020/0361(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Where a provider of hosting services decides to remove or, disable access to or otherwise restrict the visibility of specific items of information provided by the recipients of the service or to suspend or terminate monetary payments related to those items, irrespective of the means used for detecting, identifying or, removing or disabling access to or reducing the visibility of that information and of the reason for its decision, it shall inform the recipient, at the latest at the time of the removal or disabling of access or the restriction of visibility or the suspension or termination of monetization, of the decision and provide a clear and specific statement of reasons for that decision.
Amendment 1099 #
2020/0361(COD)
Proposal for a regulation
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
1a. When the removing or disabling access to specific items of information is followed by the transmission of these specific items of information in accordance with Article 15a, the requirement to inform the recipient set out in paragraph 1 may be postponed by a period of six weeks in order to avoid interfere with potential ongoing criminal investigations. The period of six weeks can be renewed only following a motivated decision of the competent authority to which the specific items of information had been transmitted.
Amendment 1105 #
2020/0361(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point a
Article 15 – paragraph 2 – point a
(a) whether the decision entails either the removal of, or the disabling of access to, the restriction of the visibility of, or the demonetisation of, the information and, where relevant, the territorial scope of the disabling of access or the restriction;
Amendment 1127 #
2020/0361(COD)
Proposal for a regulation
Article 15 a (new)
Article 15 a (new)
Amendment 1134 #
2020/0361(COD)
Proposal for a regulation
Article 15 b (new)
Article 15 b (new)
Amendment 1143 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. Online platforms shall provide recipients of the service, as well as individuals or entities that have submitted a notice for a period of at least six months following the decision referred to in this paragraph, the access to an effective internal complaint-handling system, which enables the complaints to be lodged electronically and free of charge, against the followingdecision taken by the online platform not to act after having received a notice, and against the decisions taken by the online platform on the ground that the information provided by the recipients is illegal content under Union or national law, or incompatible with its terms and conditions:
Amendment 1155 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
(a) decisions to remove or, disable access to or restrict the visibility of the information;
Amendment 1167 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point c a (new)
Article 17 – paragraph 1 – point c a (new)
(ca) decisions to restrict the ability to monetise content provided by the recipients;
Amendment 1170 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point c b (new)
Article 17 – paragraph 1 – point c b (new)
(cb) decisions of online marketplaces to suspend the provisions of their services to traders;
Amendment 1173 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 1 a (new)
Article 17 – paragraph 1 a (new)
1a. When the decision to remove or disable access to the information is followed by the transmission of this information in accordance with Article 15a, the period of at least six months as set out in paragraph 1 shall be considered to start from the day on which the recipient was informed in accordance with Article 15(2).
Amendment 1193 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
5. Online platforms shall ensure that recipients of the service are given the possibility, where necessary, to contact a human interlocutor at the time of the submission of the complaint and that the decisions, referred to in paragraph 4, are not solely taken on the basis of automated means.
Amendment 1212 #
2020/0361(COD)
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point a
Article 18 – paragraph 2 – subparagraph 1 – point a
(a) it is impartial and independent of online platforms and recipients of the service provided by the online platforms and is legally distinct from and functionally independent of the government of the Member State or any other public or private body;
Amendment 1268 #
2020/0361(COD)
Proposal for a regulation
Article 19 – paragraph 2 – point a
Article 19 – paragraph 2 – point a
(a) it has particular expertise and competence for the purposes of detecting, identifying and notifying illegal content, as well as intentional manipulation and exploitation of the service in the sense of Article 26, paragraph 1(c);
Amendment 1273 #
2020/0361(COD)
Proposal for a regulation
Article 19 – paragraph 2 – point b
Article 19 – paragraph 2 – point b
(b) it represents collective interests and is independent from any online platform, law enforcement, or other government or relevant commercial entity;
Amendment 1301 #
2020/0361(COD)
Proposal for a regulation
Article 19 – paragraph 4 a (new)
Article 19 – paragraph 4 a (new)
4a. Member States may recognise entities, that were awarded the status of trusted flaggers in another Member State as a trusted flagger on their own territory. Upon request by a Member State, trusted flaggers can be awarded the status of European trusted flagger by the Board, in accordance with Article 48, paragraph 2. The Commission shall keep register of European trusted flaggers.
Amendment 1313 #
2020/0361(COD)
Proposal for a regulation
Article 19 – paragraph 7
Article 19 – paragraph 7
7. The Commission, after consulting the Board, mayshall issue guidance to assist online platforms and Digital Services Coordinators in the application of paragraphs 2, 4a, 5 and 6.
Amendment 1320 #
2020/0361(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Online platforms shall suspend, for a reasonable 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, or content that is in breach with their terms and conditions.
Amendment 1351 #
2020/0361(COD)
Proposal for a regulation
Article 21
Article 21
Amendment 1369 #
2020/0361(COD)
Proposal for a regulation
Article 22 – title
Article 22 – title
Traceability of traders on online marketplaces
Amendment 1373 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 1 – introductory part
Article 22 – paragraph 1 – introductory part
1. Where an online platform allows consumers to conclude distance contracts with traders, itProviders of online marketplaces 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 itstheir services, the online platformmarketplaces hasve obtained the following information:
Amendment 1386 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 1 – point c
Article 22 – paragraph 1 – point c
(c) the bankpayment account details of the trader, where the trader is a natural person;
Amendment 1388 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 1 – point d
Article 22 – paragraph 1 – point d
(d) the name, address, telephone number and electronic mail address of the economic operator, within the meaning ofestablished in the Union and carrying out the tasks in accordance with Article 3(13) and Article 4 of Regulation (EU) 2019/1020 of the European Parliament and the Council51 or [Article XX of the General Product Safety Regulation], or any relevant act of Union law; __________________ 51Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 (OJ L 169, 25.6.2019, p. 1).
Amendment 1399 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 1 a (new)
Article 22 – paragraph 1 a (new)
1a. Providers of online marketplaces shall require traders to provide the information referred to in points (a) and (e) immediately upon initial registration for its services. Traders shall be required to provide any supplementary material relating to the information requirements set out in Article 22(1) within a reasonable period, and prior to the use of the service and offering of products and services to consumer.
Amendment 1405 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. The online platformproviders of online marketplaces shall, upon receiving that information, make reasonable and before allowing traders to use their services, make best efforts to assess whether the information referred to in points (a), (d) and (e) of paragraph 1 is reliablaccurate through the use of any freely accessible official online database or online interface made available by an authorized administrator or a Member States or the Union or through direct requests to the trader to provide supporting documents from reliable sources.
Amendment 1417 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 3 – subparagraph 1
Article 22 – paragraph 3 – subparagraph 1
Where the online platformproviders of online marketplaces obtains indications that any item of information referred to in paragraph 1 obtained from the trader concerned is inaccurate or incomplete, that platformonline marketplace shall request the trader to correct the information in so far as necessary to ensure that all information is accurate and complete, without delay or within the time period set by Union and national law.
Amendment 1418 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 3 – subparagraph 2
Article 22 – paragraph 3 – subparagraph 2
Where the trader fails to correct or complete that information, the online platformproviders of online marketplaces shall suspend the provision of its service to the trader in relations to the offering of products or services to consumers located in the Union until the request is fully complied with.
Amendment 1424 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 3 a (new)
Article 22 – paragraph 3 a (new)
3a. The providers of online marketplaces shall ensure that traders are given the ability to discuss any information viewed as inaccurate or incomplete directly with a trader before any suspension of services. This may take the form of the internal complaint- handling system under Article 17.
Amendment 1426 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 3 b (new)
Article 22 – paragraph 3 b (new)
3b. If an online marketplaces rejects an application for services or suspends services to a trader, the trader shall have recourse to the systems under Article 17 and Article 43 of this Regulation.
Amendment 1428 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 3 c (new)
Article 22 – paragraph 3 c (new)
3c. Traders shall be solely liable for the accuracy the information provided and shall inform without delay the online marketplace of any changes to the information provided.
Amendment 1436 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
4. The online platformproviders of online market places 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 delete the information.
Amendment 1438 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 5
Article 22 – paragraph 5
5. Without prejudice to paragraph 2, the platformroviders of online marketplaces shall only disclose the information to third parties where so required in accordance with the applicable law, including the orders referred to in Article 9 and any orders issued by Member States’ competent authorities or the Commission for the performance of their tasks under this Regulation.
Amendment 1443 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 6
Article 22 – paragraph 6
6. The online platformproviders of online marketplaces shall make the information referred to in points (a), (d), (e) and (f) of paragraph 1 available to the recipients of the service, in a clear, easily accessible and comprehensible manner.
Amendment 1449 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 7
Article 22 – paragraph 7
Amendment 1461 #
2020/0361(COD)
Proposal for a regulation
Article 22 a (new)
Article 22 a (new)
Article 22a Compliance by design 1. Providers of online marketplaces shall design and organise their online interface in a fair and user-friendly way that enables traders to comply with their obligations regarding pre-contractual information and product safety information under applicable Union law. 2. The online interface shall allow traders to provide in particular the information referred to under paragraph 6 of Article 22, the information referred to in Article 6 of Directive 2011/83/EU on Consumers Rights, information allowing for the unequivocal identification of the product or the service, and, where applicable, information on sustainability of products, information on labelling, including CE marking, according to the Union legislation on product safety and compliance. 3. This Article is without prejudice to additional requirements under other Union acts, including the [General Product Safety Regulation] and [Market Surveillance Regulation]
Amendment 1465 #
2020/0361(COD)
Proposal for a regulation
Article 22 b (new)
Article 22 b (new)
Amendment 1472 #
2020/0361(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point c a (new)
Article 23 – paragraph 1 – point c a (new)
(ca) the number of advertisements that were removed, labelled or disabled by the online platform and justification of the decisions;
Amendment 1478 #
2020/0361(COD)
Proposal for a regulation
Article 23 – paragraph 4
Article 23 – paragraph 4
4. The Commission mayshall adopt implementing acts to establish a set of key performance indicators and lay down templates concerning the form, content and other details of reports pursuant to paragraph 1.
Amendment 1483 #
2020/0361(COD)
Proposal for a regulation
Article 24 – title
Article 24 – title
Online advertising transparency and control
Amendment 1487 #
2020/0361(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a
Article 24 – paragraph 1 – point a
(a) that the information displayed is an advertisementon the interface or parts thereof is an online advertisement, including through prominent and harmonised marking;
Amendment 1489 #
2020/0361(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point b
Article 24 – paragraph 1 – point b
(b) the natural or legal person on whose behalf the advertisement is displayed and the natural or legal person who financed the advertisement;
Amendment 1493 #
2020/0361(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point c
Article 24 – paragraph 1 – point c
(c) clear, meaningful and uniform information about the main parameters used to determine the recipient to whom the advertisement is displayed. and the logic involved;
Amendment 1505 #
2020/0361(COD)
Proposal for a regulation
Article 24 – paragraph 1 a (new)
Article 24 – paragraph 1 a (new)
The online platform shall design and organise its online interface in such a way that recipients of the service can easily and efficiently exercise their rights under applicable Union law in relation to the processing of their personal data for each specific advertisement displayed to the data subject on the platform, in particular: (a) to withdraw consent or to object to processing; (b) to obtain access to the personal data concerning the data subject; (c) to obtain rectification of inaccurate personal data concerning the data subject; (d) to obtain erasure of personal data without undue delay; Where a recipient exercises any of these rights, the online platform must inform any parties to whom the personal data concerned in points (a)-(d) have been enclosed in accordance with Article 19 of Regulation (EU) 2016/679.
Amendment 1513 #
2020/0361(COD)
Proposal for a regulation
Article 24 – paragraph 1 b (new)
Article 24 – paragraph 1 b (new)
Where a recipient exercises any of the rights referred to points (a), (c) or (d) in paragraph 2, the online platform must immediately cease displaying advertisements using the personal data concerned or using parameters which were set using this data.
Amendment 1515 #
2020/0361(COD)
Proposal for a regulation
Article 24 – paragraph 1 c (new)
Article 24 – paragraph 1 c (new)
Online platforms that display advertising on their online interfaces shall ensure that advertisers: (a) can request and obtain information on where their advertisements have been placed; (b) can request and obtain information on which broker treated their data; (c) can indicate on which specific location their ads cannot be placed. In case of non-compliance with this provision, advertisers shall have the right to judicial redress.
Amendment 1516 #
2020/0361(COD)
Proposal for a regulation
Article 24 – paragraph 1 d (new)
Article 24 – paragraph 1 d (new)
The Commission shall adopt an implementing act establishing harmonised specifications for the marking referred to in paragraph 1(a) of this Article.
Amendment 1526 #
2020/0361(COD)
Proposal for a regulation
Chapter III – Section 4 – title
Chapter III – Section 4 – title
Amendment 1528 #
2020/0361(COD)
Proposal for a regulation
Article 25 – title
Article 25 – title
Very large online platforms, live streaming platforms, private messaging providers and search engines
Amendment 1531 #
2020/0361(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. This Section shall apply to online platform services, live streaming platform services, private messaging services and search engine services which provide their services to a number of average monthly active recipients of the service in the Union equal to or higher than 45 million, calculated in accordance with the methodology set out in the delegated acts referred to in paragraph 3.
Amendment 1545 #
2020/0361(COD)
Proposal for a regulation
Article 26 – paragraph 1 – introductory part
Article 26 – paragraph 1 – introductory part
1. Very large online platforms shall identify, analyse and assess, from the date of application referred to in the second subparagraph of Article 25(4), on an ongoing basis and at least once a year thereafter, any significthe probability and severity of anty systemic risks stemming from the design, intrinsic characteristics, functioning and use made of their services in the Union. The risk assessment shall be broken down per Member State in which services are offered and in the Union as a whole. This risk assessment shall be specific to their services and shall include the following systemic risks:
Amendment 1555 #
2020/0361(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point a
Article 26 – paragraph 1 – point a
(a) the dissemination of illegal content through their serviand content that is in breach of their terms and conditions through their services, including unsafe and non- compliant products and services, in case of online marketplaces;
Amendment 1560 #
2020/0361(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point a a (new)
Article 26 – paragraph 1 – point a a (new)
(aa) the funding of illegal content, including models based on advertisement;
Amendment 1564 #
2020/0361(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point b
Article 26 – paragraph 1 – point b
(b) any negative effects for the exercise of any of the fundamental rights listed in the EU Charter on Fundamental Rights , in particular on the fundamental rights to respect for private and family life, freedom of expression and information, the prohibition of discrimination and the rights of the child, as enshrined in Articles 7, 11, 21 and 24 of the Charter respectively;
Amendment 1573 #
2020/0361(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point c
Article 26 – paragraph 1 – point c
(c) intentional manipulation of their service and amplification of content that is in breach of their terms and conditions, including by means of inauthentic use, such as ‘deep fakes’ or automated exploitation of the service, with an actual or foreseeable negative effect on the protection of public health, minors, democratic values, media freedom and freedom of expression of journalists, as well as their ability to verify facts, civic discourse, or actual or foreseeable effects related to electoral processes and public security.
Amendment 1584 #
2020/0361(COD)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. When conducting risk assessments, very large online platforms shall take into account, in particular, how and whether their content moderation systems, recommender systems and systems for selecting and displaying advertisement influence any of the systemic risks referred to in paragraph 1, including the potentially rapid and wide dissemination of illegal content and of information that is in compatible with their terms and conditions, as well as potential infringement of consumer rights by business active on the platform or platform themselves.
Amendment 1593 #
2020/0361(COD)
Proposal for a regulation
Article 26 – paragraph 2 a (new)
Article 26 – paragraph 2 a (new)
2a. When conducting risk assessments, very large online platforms shall involve representatives of the recipients of the service, representatives of groups potentially impacted by their services, independent experts and civil society organisations. Their involvement shall be tailored to the specific systemic risks that the very large online platform aim to assess.
Amendment 1601 #
2020/0361(COD)
Proposal for a regulation
Article 27 – paragraph 1 – introductory part
Article 27 – paragraph 1 – introductory part
1. Very large online platforms shall put in place reasonable, proportionate and effective mitigation measureseasures to mitigate the probability and severity of any, tailored to address the specific systemic risks identified pursuant to Article 26. Such measures may include, where applicable:
Amendment 1609 #
2020/0361(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point a
Article 27 – paragraph 1 – point a
(a) adapting content moderation or recommender systems, their decision- making processes, design, the features or functioning of their services, or their terms and conditions;
Amendment 1614 #
2020/0361(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point b
Article 27 – paragraph 1 – point b
(b) targeted measures aimed at limiting the display of and targeting of advertisements in association with the service they provide;
Amendment 1627 #
2020/0361(COD)
Proposal for a regulation
Article 27 – paragraph 1 a (new)
Article 27 – paragraph 1 a (new)
1a. The Board shall evaluate the implementation and effectiveness of mitigating measures undertaken by very large online platforms listed in Article 27(1) and where necessary, may issue recommendations.
Amendment 1630 #
2020/0361(COD)
Proposal for a regulation
Article 27 – paragraph 1 b (new)
Article 27 – paragraph 1 b (new)
1b. Where a very large online platform decides not to put in place any of the mitigating measures listed in Article 27(1), it shall provide a written explanation that describes the reasons why those measures were not put in place, to the Board in view of issuing specific recommendations and to independent auditors for the purposes of the audit report. Following the written explanation of the reasons of the very large online platforms not to put in place mitigating measures, and where necessary, the Board shall issue specific recommendations as to the mitigation measures that very large online platforms shall implement. Very large online platforms shall within one month from receiving of these recommendations, implement the recommended measures, or set out any alternative measures they intend to take to address the identified risks. In case of systemic failure of a very large online platform to take effective mitigating measures and in case of repeated non-compliance with the recommendations, the Board may advise the Commission and the Digital Services Coordinators to impose sanctions.
Amendment 1631 #
2020/0361(COD)
Proposal for a regulation
Article 27 – paragraph 2 – introductory part
Article 27 – paragraph 2 – introductory part
2. The Board, in cooperation with the Commission, shall publish comprehensive reports, once a year, which. The reports of the Board shall be broken down per Member State in which the systemic risks occur and in the Union as a whole. The reports shall be published in all the official languages of the Member States of the Union. The reports shall include the following:
Amendment 1637 #
2020/0361(COD)
Proposal for a regulation
Article 27 – paragraph 2 – point a
Article 27 – paragraph 2 – point a
(a) identification and assessment of the most prominent and recurrenteach of the systemic risks reported by very large online platforms or identified through other information sources, in particular those provided in compliance with Article 31 and 33;
Amendment 1644 #
2020/0361(COD)
Proposal for a regulation
Article 27 – paragraph 3
Article 27 – paragraph 3
3. The Commission, in cooperation with the Digital Services Coordinators, mayand following public consultations shall issue general guidelines on the application of paragraph 1 in relation to specific risks, in particular to present best practices and recommend possible measures, having due regard to the possible consequences of the measures on fundamental rights enshrined in the Charter of all parties involved. When preparing those guidelines the Commission shall organise public consultations.
Amendment 1654 #
2020/0361(COD)
Proposal for a regulation
Article 28 – paragraph 1 – introductory part
Article 28 – paragraph 1 – introductory part
1. Very large online platforms shall be subject, at their own expense and at least once a year, to independent audits to assess compliance with the following:
Amendment 1659 #
2020/0361(COD)
Proposal for a regulation
Article 28 – paragraph 1 – point a
Article 28 – paragraph 1 – point a
(a) the obligations set out in Chapter III, in particular the quality of the identification, analysis and assessment of the risks referred to in Article26, and the necessity, proportionality and effectiveness of the risk mitigation measures referred to in Article 27;
Amendment 1672 #
2020/0361(COD)
Proposal for a regulation
Article 28 – paragraph 2 – point c a (new)
Article 28 – paragraph 2 – point c a (new)
(ca) have been certified by the Commission for the performance of this task;
Amendment 1676 #
2020/0361(COD)
Proposal for a regulation
Article 28 – paragraph 3 – point f a (new)
Article 28 – paragraph 3 – point f a (new)
(fa) a description of specific elements that could not be audited, and an explanation of why these could not be audited;
Amendment 1678 #
2020/0361(COD)
Proposal for a regulation
Article 28 – paragraph 3 – point f b (new)
Article 28 – paragraph 3 – point f b (new)
(fb) where the audit opinion could not reach a conclusion for specific elements within the scope of the audit, a statement of reasons for the failure to reach such conclusion.
Amendment 1692 #
2020/0361(COD)
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. Very large online platforms that use recommender systems shall set out in their terms and conditions and on a designated web page that can be directly reached from the very large online platforms’ online interface, in a clear, accessible and easily comprehensible manner for the general public, the main parameters used in their recommender systems, the optimisation goals of their recommender systems as well as any options for the recipients of the service to modify or influence those main parameters that they may have made available, including at least one option which is not based on profiling, within the meaning of Article 4 (4) of Regulation (EU) 2016/679.
Amendment 1701 #
2020/0361(COD)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. Where several options are available pursuant to paragraph 1, very large online platforms shall provide clear and easily accessible functionality on their online interface allowing the recipient of the service to select and to modify at any time their preferred option for each of the recommender systems that determines the relative order of information presented to them.
Amendment 1704 #
2020/0361(COD)
Proposal for a regulation
Article 29 – paragraph 2 a (new)
Article 29 – paragraph 2 a (new)
2a. Online platforms shall ensure that their online interface is designed in such a way that it does not risk misleading or manipulating the recipients of the service.
Amendment 1709 #
2020/0361(COD)
Proposal for a regulation
Article 30 – title
Article 30 – title
Additional online advertising transparencytransparency for online advertisements and ‘deep fakes’ audiovisual media
Amendment 1716 #
2020/0361(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Very large online platforms that display advertising on their online interfaces shall compile and make publicly available to relevant authorities and vetted researchers, meeting the requirements of Article 31(4), through application programming interfaces a repository containing the information referred to in paragraph 2, until one year after the advertisement was displayed for the last time on their online interfaces. They shall ensure that the repository does not contain any personal data of the recipients of the service to whom the advertisement was or could have been displayed.
Amendment 1721 #
2020/0361(COD)
Proposal for a regulation
Article 30 – paragraph 2 – point a
Article 30 – paragraph 2 – point a
(a) the content of the advertisement, including the name of the product, service or brand and the object of the advertisement;
Amendment 1724 #
2020/0361(COD)
Proposal for a regulation
Article 30 – paragraph 2 – point b a (new)
Article 30 – paragraph 2 – point b a (new)
(ba) the natural or legal person who paid for the advertisement;
Amendment 1732 #
2020/0361(COD)
Proposal for a regulation
Article 30 – paragraph 2 – point e
Article 30 – paragraph 2 – point e
(e) the total number of recipients of the service reached in each country and, where applicable, aggregate numbers for the group or groups of recipients to whom the advertisement was targeted specifically.
Amendment 1739 #
2020/0361(COD)
Proposal for a regulation
Article 30 – paragraph 2 a (new)
Article 30 – paragraph 2 a (new)
2a. The Board shall, after consulting trusted flaggers and vetted researchers, publish guidelines on the structure and organisation on repositories created pursuant to paragraph 1.
Amendment 1744 #
2020/0361(COD)
Proposal for a regulation
Article 30 – paragraph 2 b (new)
Article 30 – paragraph 2 b (new)
2b. Very large online platforms shall make their best effort to detect inauthentic videos (‘deep fakes’). When detecting such videos, they should label them as inauthentic in a way that is clearly visible for the internet user.
Amendment 1746 #
2020/0361(COD)
Proposal for a regulation
Article 30 – paragraph 2 c (new)
Article 30 – paragraph 2 c (new)
2c. Very large online platforms selling advertising for display on their online interface, shall ensure via standard contractual clauses with the purchasers of advertising space that the content with which the advertisement is associated is compliant with the terms and conditions of the platform, or with the law of the Member States where the recipients of the service to whom the advertisement will be displayed is located.
Amendment 1747 #
2020/0361(COD)
Proposal for a regulation
Article 30 – paragraph 2 d (new)
Article 30 – paragraph 2 d (new)
2d. Very large online platforms that display advertising on their online interfaces shall conduct at their own expense, and upon request of advertisers , independent audits performed by organisations complying with the criteria set out in Article 28(2). Such audits shall be based on fair and proportionate conditions agreed between platforms and advertisers, shall be conducted with a reasonable frequency and shall entail: (a) conducting quantitative and qualitative assessment of cases where advertising is associated with illegal content or with content incompatible with platforms’ terms and conditions; (b) monitoring for and detecting of fraudulent use of their services to fund illegal activities; (c) assessing the performance of their tools in terms of brand safety. The audit report shall include opinion on the performance of platforms’ tools in terms of brand safety. Where the audit opinion is not positive, the report shall make operational recommendations to the platforms on specific measures in order to achieve compliance. The platforms shall make available to advertisers, upon request, the results of such audit.
Amendment 1750 #
2020/0361(COD)
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. Very large online platforms shall provide the Digital Services Coordinator of establishment or the Commission, upon their reasoned request and within a reasonable periodout delay, specified in the request, full access to data that are necessary to monitor and assess compliance with this Regulation. That Digital Services Coordinator and the Commission shall only use that data for those purposes. With regard to moderation and recommender systems, very large online platforms shall provide upon request the Digital Services Coordinator or the Commission with access to algorithms and associated data that allow the detection of possible biases which could lead to the dissemination of illegal content, or content that is in breach with their terms and conditions, or presents threats to fundamental rights including freedom of expression. Where a bias is detected, very large online platforms shall expeditiously correct it following the recommendations of the Digital Services Coordinator or the Commission. Very large online platforms should be able to demonstrate their compliance at every step of the process pursuant to this Article.
Amendment 1757 #
2020/0361(COD)
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. Upon a reasoned request from the Digital Services Coordinator of establishment, three Digital Services Coordinators of destination or the Commission, very large online platforms shall, within a reasonable period, as specified in the request, provide access to data to vetted researchers who meet the requirements in paragraphs 4 of this Article, for the sole purpose of conducting research that contributes to the identification and understanding and mitigation of systemic risks as set out in Articles 26(1) and 27.
Amendment 1765 #
2020/0361(COD)
Proposal for a regulation
Article 31 – paragraph 4
Article 31 – paragraph 4
4. In order to be vetted, scientific researchers shall be affiliated with academic institutions, be independent from commercial interests and the very large online platform it seeks data from, have proven records of expertise in the fields related to the risks investigated or related research methodologies, and shall commit and be in a capacity to preserve the specific data security and confidentiality requirements corresponding to each request.
Amendment 1775 #
2020/0361(COD)
Proposal for a regulation
Article 31 – paragraph 6 – introductory part
Article 31 – paragraph 6 – introductory part
6. Within 15 days following receipt of a request as referred to in paragraph 1 and 2, a very large online platform may request the Digital Services Coordinator of establishment or the Commission, as applicable, to amend the request, where it considers that it is unable to give access to the data requested because one of following two reasons: for the following reasons: (a) in case of request under paragraph 1, a very large online platform does not have and cannot obtain with reasonable effort access to the data; (b) in case of request under paragraph 2, a very large online platform does not have access to the data or providing access to the data will lead to significant vulnerabilities for the security of its service or the protection of confidential information, in particular trade secrets.
Amendment 1788 #
2020/0361(COD)
Proposal for a regulation
Article 31 – paragraph 7 a (new)
Article 31 – paragraph 7 a (new)
7a. Upon completion of the research envisaged in Article 31(2), the vetted researchers shall make their research publicly available, taking into account the rights and interests of the recipients of the service concerned in compliance with Regulation (EU) 2016/679.
Amendment 1789 #
2020/0361(COD)
Proposal for a regulation
Article 31 – paragraph 7 b (new)
Article 31 – paragraph 7 b (new)
7b. Digital Service Coordinators and the Commission shall, once a year, report the following information: (a) the number of requests made to them as referred to in paragraphs 1 and 2; (b) the number of such requests that have been declined by the Digital Service Coordinator or the Commission and the reasons for which they have been declined; (c) the number of such requests that have been declined by the Digital Service Coordinator or the Commission, including the reasons for which they have been declined, following a request to the Digital Service Coordinator or the Commission from a very large online platform to amend a request as referred to in paragraphs 1 and 2.
Amendment 1802 #
2020/0361(COD)
Proposal for a regulation
Article 33 – paragraph 2 a (new)
Article 33 – paragraph 2 a (new)
2a. The reports shall include content moderation broken down per Member State in which the services are offered and in the Union as a whole and shall be published in the official languages of the Member States of the Union.
Amendment 1848 #
2020/0361(COD)
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. The Commission and the Board shall encourage and facilitate the drawing up of codes of conduct at Union level to contribute to the proper application of this Regulation, taking into account in particular the specific challenges of tackling different types of illegal content as defined in Union and national law and systemic risks, in accordance with Union law, in particular on competition and the protection of personal data.
Amendment 1858 #
2020/0361(COD)
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
2. Where significant systemic risk within the meaning of Article 26(1) emerge and concern several very large online platforms, the Commission mayshall invite the very large online platforms concerned, other very large online platforms, other online platforms and other providers of intermediary services, as appropriate, as well as civil society organisations and other interested 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.
Amendment 1867 #
2020/0361(COD)
Proposal for a regulation
Article 35 – paragraph 3
Article 35 – paragraph 3
3. When giving effect to paragraphs 1 and 2, the Commission and the Board shall aim to ensure that the codes of conduct clearly set out their objectives, contain a set of harmonised key performance indicators to measure the achievement of those objectives and take due account of the needs and interests of all interested parties, including citizens, at Union level. The Commission and the Board shall also aim to ensure that participants report regularly to the Commission and their respective Digital Service Coordinators of establishment on any measures taken and their outcomes, as measured against the key performance indicators that they contain in order to facilitate effective cross-platform monitoring.
Amendment 1870 #
2020/0361(COD)
Proposal for a regulation
Article 35 – paragraph 4
Article 35 – paragraph 4
4. The Commission and the Board shall assess whether the codes of conduct meet the aims specified in paragraphs 1 and 3, and shall regularly monitor and evaluate the achievement of their objectives. They shall publish their conclusion, and publish their conclusions. Furthermore, they shall ensure that there is common alert mechanism managed at Unions level to allow for real-time and coordinated responses.
Amendment 1873 #
2020/0361(COD)
Proposal for a regulation
Article 35 – paragraph 5
Article 35 – paragraph 5
5. The Board shall regularly monitor and evaluate the achievement of the objectives of the codes of conduct, having regard to the key performance indicators that they may contain. In case of systematic and repetitive failure to comply with the Codes of Conduct, the Board shall as a measure of last resort take a decision to temporary suspend or definitely exclude platforms that do not meet their commitments as a signatory to the Codes of Conduct.
Amendment 1881 #
2020/0361(COD)
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
1. The Commission shall encourage and facilitate the drawing up of codes of conduct at Union level between, online platforms and other relevant service providers, such as providers of online advertising intermediary services or organisations representing recipients of the service and civil society organisations or relevant authorities to contribute to further transparency infor all players in the online advertising value chain. beyond the requirements of Articles 24 and 30.
Amendment 1888 #
2020/0361(COD)
Proposal for a regulation
Article 36 – paragraph 2 – point b a (new)
Article 36 – paragraph 2 – point b a (new)
(ba) the setting-up of unique identifier that will enable advertisers and publishers to identify and track a campaign throughout its lifecycle.
Amendment 1890 #
2020/0361(COD)
Proposal for a regulation
Article 36 – paragraph 3
Article 36 – paragraph 3
3. The Commission shall encourage the development of the codes of conduct within one year following the date of application of this Regulation and their application no later than six months after that date. The Commission shall evaluate the application of those codes two years after the application of this Regulation.
Amendment 1891 #
2020/0361(COD)
Proposal for a regulation
Article 36 – paragraph 3 a (new)
Article 36 – paragraph 3 a (new)
3a. The Commission shall encourage all the players in the online advertising value chain to endorse and comply with the commitments stated in the codes of conduct.
Amendment 1917 #
2020/0361(COD)
Proposal for a regulation
Article 38 – paragraph 4 a (new)
Article 38 – paragraph 4 a (new)
4a. Member States shall ensure that the competent authorities have adequate financial and human resources, as well as legal and technical expertise to fulfil their tasks under this Regulation.
Amendment 1928 #
2020/0361(COD)
Proposal for a regulation
Article 40 – paragraph 1 a (new)
Article 40 – paragraph 1 a (new)
1a. By means of derogation from paragraph 1, the Member State in which the consumers have their residence shall have jurisdiction for the purposes of Articles 22, 22a and 22b of this Regulation and the Member State in which the authority issuing the order is situated shall have jurisdiction for the purposes of Articles 8 and 9 of this Regulation.
Amendment 1939 #
2020/0361(COD)
Proposal for a regulation
Article 40 – paragraph 4
Article 40 – paragraph 4
4. Paragraphs 1,1a, 2 and 3 are without prejudice to Article 43(2), the second subparagraph of Article 50(4) and the second subparagraph of Article 51(2) and the tasks and powers of the Commission under Section 3.
Amendment 1954 #
2020/0361(COD)
Proposal for a regulation
Article 41 – paragraph 3 a (new)
Article 41 – paragraph 3 a (new)
3a. Following request to the Commission and in cases of infringements that persist, could cause serious harm to recipients of the service, or could seriously affect their fundamental rights, the Digital Services Coordinator of the country of destination may be entitled to additional powers in the framework of joint investigations as referred to in Article 46.
Amendment 1972 #
2020/0361(COD)
Proposal for a regulation
Article 43 – paragraph 1 a (new)
Article 43 – paragraph 1 a (new)
Where the complaint concerns an alleged harm upon the recipients of the service, the Member State where the recipient resides shall have jurisdiction for the purposes of the complaint.
Amendment 1974 #
2020/0361(COD)
Proposal for a regulation
Article 43 a (new)
Article 43 a (new)
Amendment 1986 #
2020/0361(COD)
Proposal for a regulation
Article 45 – paragraph 1 – subparagraph 2
Article 45 – paragraph 1 – subparagraph 2
Where the Board has reasons to suspect that a provider of intermediary services infringed this Regulation in a manner involving at least three Member States, it may recommendshall request the Digital Services Coordinator of establishment to assess the matter and take the necessary investigatory and enforcement measures to ensure compliance with this Regulation.
Amendment 1989 #
2020/0361(COD)
Proposal for a regulation
Article 45 – paragraph 2 – introductory part
Article 45 – paragraph 2 – introductory part
2. A request or recommendation pursuant to paragraph 1 shall at least indicate:
Amendment 1996 #
2020/0361(COD)
Proposal for a regulation
Article 45 – paragraph 3
Article 45 – paragraph 3
3. The Digital Services Coordinator of establishment shall take into utmost account the request or recommendation pursuant to paragraph 1 and assess the matter in view of taking specific investigatory or enforcement measures to ensure compliance without undue delay. Where it considers that it has insufficient information to act upon the request or recommendation and has reasons to consider that the Digital Services Coordinator that sent the request, and tor the Board, could provide additional information, it may request such information. The time period laid down in paragraph 4 shall be suspended until that additional information is provided.
Amendment 1998 #
2020/0361(COD)
Proposal for a regulation
Article 45 – paragraph 4
Article 45 – paragraph 4
4. The Digital Services Coordinator of establishment shall, without undue delay and in any event not later than two months following receipt of the request or recommendation, communicate to the Digital Services Coordinator that sent the request, or the Board, its assessment of the suspected infringement, or that of any other competent authority pursuant to national law where relevant, and an explanation of any investigatory or enforcement measures taken or envisaged in relation thereto and a statement of reason in case of decision, following its investigation, not to take measures to ensure compliance with this Regulation.
Amendment 2002 #
2020/0361(COD)
Proposal for a regulation
Article 45 – paragraph 5
Article 45 – paragraph 5
5. Where the Digital Services Coordinator that sent the request, or, where appropriate, the Board, did not receive a reply within the time period laid down in paragraph 4 or where it does not agree with the assessment of the Digital Services Coordinator of establishment, it may refer the matter to the Commission and the Digital Services Coordinators, providing all relevant information. That information shall include at least the request or recommendation sent to the Digital Services Coordinator of establishment, any additional information provided pursuant to paragraph 3 and the communication referred to in paragraph 4.
Amendment 2006 #
2020/0361(COD)
Proposal for a regulation
Article 45 – paragraph 6
Article 45 – paragraph 6
6. The Commission , in cooperation with the Digital Services Coordinators shall assess the matter within three months following the referral of the matter pursuant to paragraph 5, after having consulted the Digital Services Coordinator of establishment and, unless it referred the matter itself, the Board.
Amendment 2010 #
2020/0361(COD)
Proposal for a regulation
Article 45 – paragraph 7
Article 45 – paragraph 7
7. Where, pursuant to paragraph 6, the Commission in cooperation with the Digital Services Coordinators concludes that the assessment or the investigatory or enforcement measures taken or envisaged pursuant to paragraph 4 are incompatible with this Regulation, it shall request the Digital Service Coordinator of establishment to further assess the matter and take the necessary investigatory or enforcement measures to ensure compliance with this Regulation, and to inform it about those measures taken within two months from that request. Where the Digital Services Coordinator of establishment fails to comply with the request to take the necessary measures before the end of the two months period, the Commission shall reallocate the case without delay to the Digital Services Coordinator initiating the request.
Amendment 2014 #
2020/0361(COD)
Proposal for a regulation
Article 46 – title
Article 46 – title
Joint investigations, cooperation among Digital Services Coordinators and requests for Commission intervention
Amendment 2020 #
2020/0361(COD)
Proposal for a regulation
Article 46 – paragraph 1 a (new)
Article 46 – paragraph 1 a (new)
1a. Where Digital Services Coordinator of the country of destination considers that an alleged infringement exist and causes serious harm to a large number of recipients of the service in that Member States, or could seriously affect their fundamental rights, it may request to the Commission to set up joint investigations between Digital Services Coordinator of country of establishment and the requesting Digital Services Coordinator of country of destination.
Amendment 2021 #
2020/0361(COD)
Proposal for a regulation
Article 46 – paragraph 1 b (new)
Article 46 – paragraph 1 b (new)
1b. The Commission, in cooperation with the Digital Services Coordinators, shall assess such request and following positive opinion of the Board shall set up a joint investigation where the Digital Services Coordinator of the country of destination can be entitled to exercise the following additional powers with respect to the provider of intermediary services concerned by the alleged infringement: (a) to obtain access to the confidential version of the reports published by the intermediary service providers referred to in Article 13 and where applicable in Articles 23 and 24, as well as to the annual reports drawn up by the other competent authorities pursuant to Article 44; (b) to obtain access to data collected by the Digital Services Coordinator of the country of establishment for the purpose of supervision of that provider on the territory of the Digital Services Coordinator of the country of destination; (c) to initiate proceedings and assess the matter in view of taking specific investigatory or enforcement measures to ensure compliance, where the suspected seriousness of the infringement would require immediate response that would not allow for the provisions of Article 45 to apply; and (d) to request interim measures, as referred to in Article 41(2)(e).
Amendment 2022 #
2020/0361(COD)
Proposal for a regulation
Article 46 – paragraph 1 c (new)
Article 46 – paragraph 1 c (new)
1c. The Commission decision setting up the joint investigation shall define a deadline by when Digital Services Coordinator of the country of establishment and Digital Services Coordinator launching the request pursuant to paragraph 2 shall agree on a common position on the joint investigation, and where applicable on the enforcement measures to be adopted. If no agreement is reached within this deadline, the case shall be referred to the Commission pursuant to Article 45(5).
Amendment 2082 #
2020/0361(COD)
Proposal for a regulation
Article 49 – paragraph 1 – point c a (new)
Article 49 – paragraph 1 – point c a (new)
(ca) issue specific recommendations for the implementation of Article 27 and advise on possible application of sanctions in case of repeated non-compliance;
Amendment 2100 #
2020/0361(COD)
Proposal for a regulation
Article 50 – paragraph 1 – subparagraph 2
Article 50 – paragraph 1 – subparagraph 2
The Commission acting on its own initiative, or the Board acting on its own initiative or upon request of at least three Digital Services Coordinators of destination, mayshall, where it has reasons to suspect that a very large online platform infringed any of those provisions, recommend the Digital Services Coordinator of establishment to investigate the suspected infringement with a view to that Digital Services Coordinator adopting such a decision within a reasonable time period.
Amendment 2119 #
2020/0361(COD)
Proposal for a regulation
Article 51 – paragraph 1 – introductory part
Article 51 – paragraph 1 – introductory part
1. The Commission, acting either upon the Board’s recommendation or on its own initiative after consulting the Board, mayshall initiate proceedings in view of the possible adoption of decisions pursuant to Articles 58 and 59 in respect of the relevant conduct by the very large online platform that:
Amendment 2131 #
2020/0361(COD)
Proposal for a regulation
Article 51 – paragraph 2 – subparagraph 1
Article 51 – paragraph 2 – subparagraph 1
Wheren the Commission decides to initiates proceedings pursuant to paragraph 1, it shall notify all Digital Services Coordinators, the Board and the very large online platform concerned.
Amendment 166 #
2020/0360(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The Union should facilitate infrastructure projects linking the Union’s energy networks with third-country networks that are mutually beneficial and necessary for the energy transition and the achievement of the climate targets, and which also meet the specific criteria of the relevant infrastructure categories pursuant to this Regulation, in particular with neighbouring countries and with countries with which the Union has established specific energy cooperation. Therefore, this Regulation should include in its scope projects of mutual interest where they are sustainable and able to demonstrate significant net socio-economic benefits for at least two Member States and at least one third country. Such projects would be eligible for inclusion in the Union list upon conditions of regulatory approximation with the Union and upon demonstrating a contribution to the Union’s overall energy and climate objectives in terms of security of supply and decarbonisation. Such regulatory alignment or convergence should be presumed for the European Economic Area or, Energy Community Contracting Parties or third countries within the synchronous area of continental Europe. In addition, the third country with which the Union cooperates in the development of projects of mutual interest should facilitate a similar timeline for accelerated implementation and other policy support measures, as stipulated in this Regulation. Therefore, in this Regulation, projects of mutual interest should be considered in the same manner as projects of common interest with all provisions relative to projects of common interest applying also to projects of mutual interest, unless otherwise specified.
Amendment 323 #
2020/0360(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) the project contributes significantly to the decarbonisation objectives of the Union and those of the third country and to sustainability, including through the integration of renewable energy into the grid and the transmission and distribution of renewable generation to major consumption centres and storage sites, and;
Amendment 431 #
2020/0360(COD)
Proposal for a regulation
Article 4 – paragraph 5 – subparagraph 1 – point b a (new)
Article 4 – paragraph 5 – subparagraph 1 – point b a (new)
(b a) synergies with priority corridors and areas identified under trans- European networks for transport and telecommunications;
Amendment 489 #
2020/0360(COD)
Proposal for a regulation
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
1. By [16 November 2022], the European Network of Transmission System Operators (ENTSO) for Electricity and the ENTSO for Gas shall publish and submit to Member States, the Commission and the Agency their respective methodologies, including the network and market modelling, for a harmonised energy system-wide cost-benefit analysis at Union level for projects of common interest falling under the categories set out in points (1)(a), (bc), (cd) and (e) and point (3) of Annex II.
Amendment 541 #
2020/0360(COD)
Proposal for a regulation
Article 11 – paragraph 11
Article 11 – paragraph 11
11. By [31 December 2023], the ENTSO for Electricity and the ENTSO for Gas shall jointly submit to the Commission and the Agency a consistent and interlinked energy market and network model including electricity, gas, heat and hydrogen transmission infrastructure as well as storage, power plants, LNG and electrolysers, covering the energy infrastructure priority corridors and the areas drawn up in line with the principles laid down in Annex V. Where relevant, the model should take into consideration the distribution infrastructure.
Amendment 559 #
2020/0360(COD)
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
The guidelines shall define standards for a transparent, non-discriminatory and robust elaboration of the scenarios taking into account good practices in the field of network development planning. In particular, the guidelines shall include the energy efficiency first principle and ensure that the underlying ENTSO for Electricity and ENTSO for Gas scenarios are fully in line with the latest medium and long-term European Union decarbonisation targets and the latest available Commission scenarios.
Amendment 635 #
2020/0360(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The integrated offshore network development plans shall be compatiblepublished together with the latest Union-wide ten- Year Network Development Plans in order to ensure coherent development of onshore and offshore grid planning.
Amendment 637 #
2020/0360(COD)
Proposal for a regulation
Article 14 – paragraph 3 a (new)
Article 14 – paragraph 3 a (new)
3 a. Prior to submitting the draft integrated offshore network development plans to the Commission, the ENTSO for Electricity shall conduct an extensive consultation process involving all relevant electricity stakeholders, including the DSO entity, all offshore sector stakeholders and all the Member States that are part of the priority offshore grid corridors defined in Annex I.
Amendment 677 #
2020/0360(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The efficiently incurred investment costs, which excludes maintenance costs, related to a project of common interest falling under the categories set out in points (1)(a), (b), (c) and (e) of Annex II and projects of common interest falling under the category set out in point (3) of Annex II, where they fall under the competency of national regulatory authorities, shall be borne by the relevant TSOgrid operators or the project promoters of the transmission or distribution infrastructure of the Member States which the project provides a net positive impact, and, to the extent not covered by congestion rents or other charges, be paid for by network users through tariffs for network access in that or those Member States.
Amendment 689 #
2020/0360(COD)
Proposal for a regulation
Article 16 – paragraph 4 – subparagraph 3
Article 16 – paragraph 4 – subparagraph 3
In allocating costs across borders, the relevant national regulatory authorities, in consultation with the TSOgrid operators concerned, shall seek a mutual agreement based on, but not limited to, the information specified in paragraphs 3(a) and (b). Their assessment shall be based on the same scenario as used in consider all relevant scenarios established under Article 12 and other selection process for the elaboration of the Union list where the project of common interests is listedcenarios for network development planning, allowing a robust analysis of the contribution of the project of common interest to the Union energy policy targets of decarbonisation, market integration, competition, sustainability and security of supply.
Amendment 699 #
2020/0360(COD)
Proposal for a regulation
Article 16 – paragraph 6 – subparagraph 3
Article 16 – paragraph 6 – subparagraph 3
The assessment of the Agency shall be based on the same scenario as used in consider all relevant scenarios established under Article 12 and other selection process for the elaboration of the Union list where the project of common interest is listedcenarios for network development planning, allowing a robust analysis of the contribution of the project of common interest to the Union energy policy targets of decarbonisation, market integration, competition, sustainability and security of supply.
Amendment 710 #
2020/0360(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. In their decision granting the incentives referred to in paragraph 1, national regulatory authorities shall consider the results of the cost-benefit analysis on the basis of the methodology drawn up pursuant to Article 11 and in particular the regional or Union-wide positive externalities generated by the project. The national regulatory authorities shall further analyse the specific risks incurred by the project promoters, the risk mitigation measures taken and the justification of the risk profile in view of the net positive impact provided by the project, when compared to a lower-risk alternative. Eligible risks shall in particular include risks related to new transmission and distribution technologies, both onshore and offshore, risks related to under-recovery of costs and development risks.
Amendment 804 #
2020/0360(COD)
Proposal for a regulation
Annex I – Part 4 – point 11 – introductory part
Annex I – Part 4 – point 11 – introductory part
(11) Smart electricity grids deployment: adoption of smart grid technologies across the Union to efficiently integrate the behaviour and actions of all users connected to the electricity network, in particular the generation of large amounts of electricity from renewable or distributed energy sources and, demand response by consumers, energy storage and other flexibility sources.
Amendment 834 #
2020/0360(COD)
Proposal for a regulation
Annex II – paragraph 1 – point 1 – point d
Annex II – paragraph 1 – point 1 – point d
(d) systems and components integrating ICT, through operational digital platforms, control systems and sensor technologies both at transmission and medium voltage distribution level, aiming at a more efficient and intelligent electricity transmission and distribution network, increased capacity to integrate new forms of generation, storage, demand response and consumption and facilitating new business models and market structures;
Amendment 862 #
2020/0360(COD)
Proposal for a regulation
Annex II – paragraph 1 – point 3 – point a
Annex II – paragraph 1 – point 3 – point a
(a) transmission pipelines for the transport of hydrogen, giving access to multiple network users on a transparent and non-discriminatory basis, which mainly contains high-pressure hydrogen pipelines, exincluding pipelines for the local distribution of hydrogen;
Amendment 963 #
2020/0360(COD)
Proposal for a regulation
Annex IV – point 1 – point c
Annex IV – point 1 – point c
(c) for smart electricity grids, the project is designed for equipment and installations at high-voltage and medium- voltage level. It involves transmission system operators, transmission and distribution system operators or distribution system operators from at least two Member States. Distribution system operators can be involved only with the support of the transmission system operators, of at least two Member States, that are closely associated to the project and ensure interoperabilityone Member State. A project covers at least 50000 users, generators, consumers or prosumers of electricity, in a consumption area of at least 300 Gigawatthours/year, of which at least 20 % originate from variable renewable resources;
Amendment 986 #
2020/0360(COD)
Proposal for a regulation
Annex IV – point 2 – point a
Annex IV – point 2 – point a
(a) for projects of mutual interest in the category set out in point (1)(a) and (e) of Annex II, the project increases the grid transfer capacity, or the capacity available for commercial flows, at the border of that Member State with one or more third countries and brings significant benefits, under the specific criteria listed in in Article 4(3), to at least twoone Member States. The calculation of the benefits for the Member States shall be performed and published by the ENTSO for Electricity in the frame of Union-wide ten-year network development plan;
Amendment 990 #
2020/0360(COD)
Proposal for a regulation
Annex IV – point 2 – point b
Annex IV – point 2 – point b
(b) for projects of mutual interest in the category set out in point (3) of Annex II, the hydrogen project enables the transmission of hydrogen across at the border of a Member State with one or more third countries and proves bringing significant benefits, under the specific criteria listed in in Article 4(3), to at least twoone Member States. The calculation of the benefits for the Member States shall be performed and published by the ENTSO for Gas in the frame of Union-wide ten- year network development plan;
Amendment 995 #
2020/0360(COD)
Proposal for a regulation
Annex IV – point 2 – point c
Annex IV – point 2 – point c
(c) for projects of mutual interest in the category set out in point (5) of Annex II, the project can be used to transport anthropogenic carbon dioxide by at least twoone Member States and a third country.
Amendment 104 #
2020/0359(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Sector-specific legislation and instruments can contribute to ensuring high levels of cybersecurity, while taking full account of the specificities and complexities of those sectors. Where a sector–specific Union legal act requires essential or important entities to adopt cybersecurity risk management measures or to notify incidents or significant cyber threats of at least an equivalent effect to the obligations laid down in this Directive, those sector-specific provisions, including on supervision and enforcement, should apply. The Commission mayshould issue guidelines in relation to the implementation of the lex specialis, taking relevant opinions, expertise and best practices of ENISA and the Cooperation Group into account. This Directive does not preclude the adoption of additional sector- specific Union acts addressing cybersecurity risk management measures and incident notifications. This Directive is without prejudice to the existing implementing powers that have been conferred to the Commission in a number of sectors, including transport and energy.
Amendment 146 #
2020/0359(COD)
Proposal for a directive
Recital 40
Recital 40
(40) Risk-management measures should include measures to identify any risks of incidents, to prevent, detect and handle incidents and to mitigate their impact. The security of network and information systems should comprise the security of stored, transmitted and processed data. It must be approached using systemic analysis that break down the various processes and the interactions between the subsystems, in order to have a complete picture of the security of the information system. The human factor should be fully taken into account in the analysis.
Amendment 158 #
2020/0359(COD)
Proposal for a directive
Recital 47
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 relevant, 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. 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.
Amendment 237 #
2020/0359(COD)
Proposal for a directive
Article 2 – paragraph 6
Article 2 – paragraph 6
6. Where provisions of sector–specific acts of Union law require essential or important entities either to adopt cybersecurity risk management measures or to notify incidents or significant cyber threats, and where those requirements are at least equivalent in effect to the obligations laid down in this Directive, the relevant provisions of this Directive, including the provision on supervision and enforcement laid down in Chapter VI, shall not apply. The Commission shall issue guidelines in relation to the implementation of the sector–specific acts of Union law in order to ensure that security requirements established by this Directive are met by those acts. When preparing those guidelines, the Commission shall take into account ENISA and the Cooperation Group best practices and expertise.
Amendment 278 #
2020/0359(COD)
Proposal for a directive
Article 5 – paragraph 1 – point b
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;
Amendment 279 #
2020/0359(COD)
Proposal for a directive
Article 5 – paragraph 1 – point b a (new)
Article 5 – paragraph 1 – point b a (new)
(ba) a framework for allocating the roles and responsibilities of public bodies and entities as well as other relevant actors, including the organisation of the cooperation at the national level, between the competent authorities designated under Article 7(1) and Article 8(1), the single point of contact designated under Article 8(3), and CSIRTs designated under Article 9;
Amendment 347 #
2020/0359(COD)
Proposal for a directive
Article 12 – paragraph 4 – point d a (new)
Article 12 – paragraph 4 – point d a (new)
(da) provide advice on the overall consistency of sector-specific cybersecurity requirements;
Amendment 395 #
2020/0359(COD)
Proposal for a directive
Article 18 – paragraph 2 – point c
Article 18 – paragraph 2 – point c
(c) backup management, business continuity and crisis management;
Amendment 397 #
2020/0359(COD)
Proposal for a directive
Article 18 – paragraph 2 – point d
Article 18 – paragraph 2 – point d
(d) supply chain security including security-related aspects concerning the relationships between each entity and its suppliers or service providers such as providers of data storage and processing services or managed security services;
Amendment 419 #
2020/0359(COD)
Proposal for a directive
Article 19 – paragraph 1 a (new)
Article 19 – paragraph 1 a (new)
1a. To identify the specific critical ICT services, systems or products supply chains that are subject to a coordinated risk assessment, the following criteria shall be taken into account: (a) the extent to which essential and important entities use and rely on specific critical ICT services, systems or products; (b) the relevance of specific critical ICT services, systems or products for performing critical or sensitive functions, including the processing of personal data; (c) the availability of alternative ICT services, systems or products; (d) the resilience of the overall supply chain of ICT services, systems or products against disruptive events; and (e) the potential significance to entities' activities of emerging ICT services, systems or products.
Amendment 426 #
2020/0359(COD)
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Member States shall ensure that essential and important entities notify, without undue delay, the competent authorities or the CSIRT in accordance with paragraphs 3 and 4 of any incident having a significant impact on the provision of their services. Where appropriate, those entities shall notify, without undue delay, the recipients of their services of incidents that are likely to adversely affect the provision of that service. Member States shall ensure that those entities report, among others, any information enabling the competent authorities or the CSIRT to determine any cross-border impact of the incident. Where the competent authorities or the CSIRT consider that it is necessary, essential and important entities may notify other essential and important entities of any significant incident occurring in their sector.
Amendment 489 #
2020/0359(COD)
Proposal for a directive
Article 21 – paragraph 1
Article 21 – paragraph 1
1. In order to demonstrate compliance with certain requirements of Article 18, Member States may require essential and important entities to use certifyain certainified ICT products, ICT services and ICT processes, whether procured from third parties or developed by the essential or important entity, certified under specific European cybersecurity certification schemes adopted pursuant to Article 49 of Regulation (EU) 2019/881. The products, services and processes subject to certification may be developed by an essential or important entity or procured from third parti, or, in the absence of such a scheme, under equivalent internationally recognised certification schemes.
Amendment 497 #
2020/0359(COD)
Proposal for a directive
Article 21 – paragraph 2 a (new)
Article 21 – paragraph 2 a (new)
2a. In order to demonstrate compliance with certain requirements of Article 18 of this Directive, Member States may require essential and important entities to use qualified trust services pursuant to Regulation (EU) No 910/2014.
Amendment 498 #
2020/0359(COD)
Proposal for a directive
Article 21 – paragraph 2 b (new)
Article 21 – paragraph 2 b (new)
2b. Member States may rely on certified cybersecurity services providers, which could be certified under specific European cybersecurity certification schemes adopted pursuant to Article 49 of Regulation (EU) 2019/881, to enforce the supervision activities provided for in Articles 29 and 30 of this Directive.
Amendment 113 #
2020/0340(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Over the last few years, digital technologies have transformed the economy and society, affecting all sectors of activity and daily life. Data is at the centre of this transformation: data-driven innovation will bring enormous benefits for citizens, for example through improved personalised medicine, new mobility, and its contribution to the European Green Deal23 . The data economy has to be built in a way to enable companies, especially micro, small and medium sized enterprises (SMEs) to thrive, ensuring data access neutrality, portability and interoperability. In its Data Strategy24 , the Commission described the vision of a common European data space, a Single Market for data in which data could be used irrespective of its physical location of storage in the Union in compliance with applicable law, which can be pivotal for the rapid development of Artificial Intelligence technologies. It also called for the free and safe flow of data with third countries, subject to exceptions and restrictions for public security, public order and other legitimate public policy objectives of the European Union, in line with international obligations. In order to turn that vision into reality, it proposes to establish domain- specific common European data spaces, as the concrete arrangements in which data sharing and data pooling can happen. As foreseen in that strategy, such common European data spaces can cover areas such as health, mobility, manufacturing, financial services, energy, or agriculture or thematic areas, such as the European green deal or European data spaces for public administration or skills. _________________ 23Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions on the European Green Deal. Brussels, 11.12.2019. (COM(2019) 640 final) 24 COM (2020) 66 final.
Amendment 130 #
2020/0340(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Action at Union level is necessary in order to address the barriers to a well- functioning data-driven economy and to create a. A Union-wide governance framework for data accessshould have the objective of building trust among individuals and companies for data access, control, sharing, use and re-use, in particular regarding the re-use of certain types of data held by the public sector, the provision of services by data sharing providers to business users and to data subjects, as well as the collection and processing of data made available for altruistic purposes by natural and legal persons.
Amendment 147 #
2020/0340(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Prohibited exclusive agreements and other practices or arrangements between data holders and data re-userpertaining to the re-use of data held by public sector bodies which do not expressly grant exclusive rights but which can reasonably be expected to restrict the availability of data for re-use that have been concluded or have been already in place before the entry into force of this Regulation should not be renewed after the expiration of their term. In the case of indefinite or longer-term agreements, they should be terminated within three years from the date of entry into force of this Regulation.
Amendment 149 #
2020/0340(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Conditions for re-use of protected data that apply to public sector bodies competent under national law to allow re- use, and which should be without prejudice to rights or obligations concerning access to such data, should be laid down. Those conditions should be non-discriminatory, proportionate and objectively justified, while not restricting competition. In particular, pThe conditions for re-use should be designed in a manner promoting scientific research, e.g. privileging research should be considered non-discriminatory. Public sector bodies allowing re-use should have in place the technical means necessary to ensure the protection of rights and interests of third parties. Conditions attached to the re-use of data should be limited to what is necessary to preserve the rights and interests of others in the data and the integrity of the information technology and communication systems of the public sector bodies. Public sector bodies should apply conditions which best serve the interests of the re-user without leading to a disproportionate effortburden for the public sector. Depending on the case at hand, before its transmission, personal data should be fully anonymised, so as to definitively not allow the identification of the data subjects, or data containing commercially confidential information modified in such a way that no confidential information is disclosed. Where provision of anonymised or modified data would not respond to the needs of the re-userAlternatively, on- premise or remote re-use of the data within a secure processing environment could be permitted. Data analyses in such secure processing environments should be supervised by the public sector body, so as to protect the rights and interests of others. In particular, personal data should only be transmitted for re-use to a third party where a legal basis allows such transmission. The public sector body could make the use of such secure processing environment conditional on the signature by the re- user of a confidentiality agreement that prohibits the disclosure of any information that jeopardises the rights and interests of third parties that the re- user may have acquired despite the safeguards put in placeis also applies to pseudonymised data which remain personal data in the sense of Regulation (EU)2016/679. In the event of reidentification of data subjects, the obligation to report such a data breach to the public sector body should apply in addition to the obligation to report such a data breach to a supervisory authority and to the data subject in accordance with Regulation (EU) 2016/679. The public sector bodies, where relevant, should facilitate the re-use of data on the basis of consent of data subjects or permissions of legal persons on the re-use of data pertaining to them through adequate technical means. In this respect, the public sector body shcould support potential re- users in seeking such consent by establishing technical mechanisms that permit transmitting requests for consent from re-users, where practically feasible. No contact information should be given that allows re-users to contact data subjects or companies directly. When transmitting the request to consent, the public sector body should ensure that the data subject is clearly informed of the possibility to refuse such a request.
Amendment 153 #
2020/0340(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Conditions for re-use of protected data that apply to public sector bodies competent under national law to allow re- use, and which should be without prejudice to rights or obligations concerning access to such data, should be laid down. Those conditions should be non-discriminatory, proportionate and, objectively justified, while not restricting and in line with competition law. In particular, public sector bodies allowing re- use should have in place the technical means necessary to ensure the protection of rights and interests of third parties. Conditions attached to the re-use of data should be limited to what is necessary to preserve the rights and interests of others in the data and the integrity of the information technology and communication systems of the public sector bodies. Public sector bodies should apply conditions which best serve the interests of the re-user without leading to a disproportionate effort for the public sector. Depending on the case at hand, before its transmission, personal data should be fully anonymised, so as to definitively not allow the identification of the data subjects, or data containing commercially confidential information modified in such a way that no confidential information is disclosed. Where provision of anonymised or modified data would not respond to the needs of the re-user, on- premise or remote re-use of the data within a secure processing environment could be permitted. Data analyses in such secure processing environments should be supervised by the public sector body, so as to protect the rights and interests of others. In particular, personal data should only be transmitted for re-use to a third party where a legal basis allows such transmission. The public sector body could make the use of such secure processing environment conditional on the signature by the re-user of a confidentiality agreement that prohibits the disclosure of any information that jeopardises the rights and interests of third parties that the re-user may have acquired despite the safeguards put in place. The public sector bodies, where relevant, should facilitate the re-use of data on the basis of consent of data subjects or permissions of legal persons on the re-use of data pertaining to them through adequate technical means. In this respect, the public sector body should support potential re-users in seeking such consent by establishing technical mechanisms that permit transmitting requests for consent from re-users, where practically feasible. No contact information should be given that allows re-users to contact data subjects or companies directly.
Amendment 180 #
2020/0340(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) In order to build trust in re-use mechanisms, it may be necessary to attach stricter conditions for certain types of non- personal data that have been identified as highly sensitive by a specific Union act, as regards the transfer to third countries, if such transfer could jeopardise public policy objectives, in line with international commitments. For example, in the health domain, certain datasets held by actors in the public health system, such as public hospitals, could be identified as highly sensitive health data. In order to ensure harmonised practices across the Union, such types of highly sensitive non-personal public data should be defined by Union law, for example in the context of the European Health Data Space or other sectoral legislation. The conditions attached to the transfer of such data to third countries should be laid down in delegated acts. Conditions should be proportionate, non-discriminatory and necessary to protect legitimate public policy objectives identified, such as the protection of public health, public order, safety, the environment, public morals, consumer protection, privacy and personal data protection. The conditions should correspond to the risks identified in relation to the sensitivity of such data, including in terms of the risk of the re- identification of individuals. These conditions could include terms applicable for the transfer or technical arrangements, such as the requirement of using a secure processing environment, limitations as regards the re-use of data in third-countries or categories of persons which are entitled to transfer such data to third countries or who can access the data in the third country. In exceptional cases they could also include restrictions on transfer of the data to third countries to protect the public interest.
Amendment 184 #
2020/0340(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Public sector bodies should be able to charge fees for the re-use of data but. Such fees should be reasonable, transparent, published online and non-discriminatory. Public sector bodies should also be able to decide to make the data available at lower or no cost, for example for certain categories of re-uses such as non- commercial re-use, or re-use by micro, small and medium-sized enterprises, so as to incentivise such re-use in order to stimulate research and innovation and support companies that are an important source of innovation and typically find it more difficult to collect relevant data themselves, in line with State aid rules. Such fees should be reasonable, transparent, published online and non- discriminatory. The list of categories of re- users for which discounted or no fees apply should be made public together with the criteria used to establish such list, in line with State aid rules and competition law.
Amendment 200 #
2020/0340(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Data cooperatives seek to strengthen the position of individuals in making informed choices before consenting to data use, influencing the terms and conditions of data user organisations attached to data use or potentially solving disputes between members of a group on how data can be used when such data pertain to several data subjects within that group. In this context it is important to acknowledge that the rights under Regulation (EU) 2016/679 can only be exercised by each individual and cannot be conferred or delegated to a data cooperative. Data cooperatives could also provide a useful means for one-person companies, micro, small and medium-sized enterprises that in terms of knowledge of data sharing, are often comparable to individuals. Upon request and informed consent of their associated members, cooperatives - which detain the data of their members for the realisation of their economic, social and cultural purposes - should be identifiable as "data cooperatives".
Amendment 205 #
2020/0340(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) In order to increase trust in such data sharing services, in particular related to the use of data and the compliance with the conditions imposed by data holders, it is necessary to create a Union-level regulatory framework, which would set out highly harmonised requirements related to the trustworthy provision of such data sharing services. This will contribute to ensuring that data holders and data users have better control over the access to and use of their data, in accordance with Union law. Both in situations where data sharing occurs in a business-to-business context and where it occurs in a business-to- consumer context, data sharing providers should offer a novel, ‘European’ way of data governance, by providing a separation in the data economy between data provision, intermediation and use, which is at the core of increasing such trust among data holders, be they individuals or companies. Providers of data sharing services may also make available specific technical infrastructure for the interconnection of data holders and data users.
Amendment 238 #
2020/0340(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) This Regulation is without prejudice to the establishment, organisation and functioning of entities that seek to engage in data altruism pursuant to national law. It builds on national law requirements to operate lawfully in a Member State as a not-for-profit organisation. Entities which meet the requirements in this Regulation should be able to use the title of ‘Data Altruism Organisations recognised in the Union’. The entity should use a EU dedicated logo or QR code linking to the European register of recognised data altruism organisations, both online and offline. The logo shall have the objective of providing a coherent visual identity to European Union data altruism organisations and contribute to increase trust for data subjects and legal entities. The logo must be created and displayed with rules established in a separate implementing act.
Amendment 250 #
2020/0340(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) In order to successfully implement the data governance framework, a European Data Innovation Board should be established, in the form of an expert group. The Board should consist of representatives of the Member States, the Commission and representatives of relevant data spaces and specific sectors (such as health, agriculture, transport and statistics), the EU SME Envoy or a representative appointed by the network of SME envoys and representatives of relevant Agencies. The European Data Protection Board should be invited to appoint a representative to the European Data Innovation Board. Representatives of national, trans-national or Common European data spaces, businesses, researchers and civil society should be invited regularly to participate in the work of the Board. The Board should meet in different configurations, depending on the subjects to be discussed.
Amendment 296 #
2020/0340(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 a (new)
Article 2 – paragraph 1 – point 2 a (new)
(2 a) ‘data sharing service provider’ means a provider of a commercial service, which, through the provision of technical, legal and other services establishes relationships between an undefined number of data subjects and data holders, on the one hand and data users on the other hand, for the exchange, pooling or trade of data;
Amendment 298 #
2020/0340(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 a (new)
Article 2 – paragraph 1 – point 2 a (new)
(2 a) ‘personal data’ means any information relating to a data subject as defined in point (1) of Article 4 of Regulation (EU) 2016/679;
Amendment 299 #
2020/0340(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 b (new)
Article 2 – paragraph 1 – point 2 b (new)
(2 b) 'data subject' means an identified or identifiable natural person as referred to in point (1) of Article 4 of Regulation (EU) 2016/679;
Amendment 315 #
2020/0340(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
(7) ‘data shariexchange’ means the provisionand encompasses all the activities performed by athe data holder of, the data to a data user for the purpose of joint or individual use of the shared data, based on voluntary agreements, directly or through an intermediary; user and the data sharing service provider, for the purpose of exchanging data, under open data or commercial licenses, for free or against remuneration.
Amendment 329 #
2020/0340(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10 a (new)
Article 2 – paragraph 1 – point 10 a (new)
(10 a) 'data cooperative' means an organisation supporting its members, who are data subjects or one-person companies, micro, small and medium- sized enterprises, in making informed choices before consenting to data processing, or in negotiating terms and conditions for data processing and data sharing;
Amendment 331 #
2020/0340(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10 b (new)
Article 2 – paragraph 1 – point 10 b (new)
(10 b) 'purposes of general interest' means purposes established by national law and national competent authorities including and not limited to healthcare, official statistics, improving the provision of public services, supporting research;
Amendment 361 #
2020/0340(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Amendment 366 #
2020/0340(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
(2) Conditions for re-use shall be non- discriminatory, proportionate and objectively justified with regard to categories of data and purposes of re-use and the nature of the data for which re-use is allowed. These conditions shall not be used to restrictbe in line with competition law.
Amendment 370 #
2020/0340(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
(3) Public sector bodies may impose an obligation to re-use only pre-viously processed data where such pre-processing, performed by the public sector itself, aims to anonymize or pseudonymise personal data or delete commercially confidential information, including trade secrets. or content protected by Intellectual Property Rights;
Amendment 386 #
2020/0340(COD)
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
(5) The public sector bodies shall impose conditions that preserve the integrity of the functioning of the technical systems of the secure processing environment used, including high level cybersecurity standards. The public sector body shall be able to verify any results of processing of data undertaken by the re- user and reserve the right to prohibit the use of results that contain information jeopardising the rights and interests of third parties.
Amendment 401 #
2020/0340(COD)
Proposal for a regulation
Article 5 – paragraph 9 – subparagraph 1
Article 5 – paragraph 9 – subparagraph 1
Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 29 (2) and will permit transfers to the concerned third country.
Amendment 410 #
2020/0340(COD)
Proposal for a regulation
Article 5 – paragraph 11
Article 5 – paragraph 11
(11) Where specific Union acts adopted in accordance with a legislative procedure establish that certain non-personal data categories held by public sector bodies shall be deemed to be highly sensitive for the purposes of this Article, the Commission shall be empowered to adopt delegated acts in accordance with Article 28 supplementing this Regulation by laying down special conditions applicable for transfers to third-countries. The conditions for the transfer to third-countries shall be based on the nature of data categories identified in the Union act and on the grounds for deeming them highly sensitive, non-discriminatory and limited to what is necessary to achieve the public policy objectives identified in the Union law act, such as safety and public health, as well as risks of re-identification of anonymized data for data subjects, in accordance with the Union’s international obligations. They may include terms applicable for the transfer or technical arrangements in this regard, limitations as regards the re-use of data in third-countries or categories of persons which are entitled to transfer such data to third countries or, in exceptional cases, restrictions as regards transfers to third- countriesshall be non-discriminatory, proportionate and limited to what is necessary to achieve the public policy objectives identified in the Union law act.
Amendment 417 #
2020/0340(COD)
Proposal for a regulation
Article 5 – paragraph 13
Article 5 – paragraph 13
(13) Where the re-user intends to transfer non-personal data to a third country, the public sector body shall inform the data holder about the transfer of data to that third country and the purpose of such transfer.
Amendment 422 #
2020/0340(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
(2) Any fees shall be non- discriminatory, proportionate and objectively justified and shall not restrictbe in line with competition law.
Amendment 429 #
2020/0340(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
(4) Where they apply fees, public sector bodies shall take measures to incentivise the re-use of the categories of data referred to in Article 3 (1) for non- commercial purposes and bythe re-use by micro and small and medium-sized enterprises in line with State aid rules.
Amendment 430 #
2020/0340(COD)
Proposal for a regulation
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
(4 a) Public sector bodies may set up a list of categories of re-users for which data is made available at reduced or no cost, which shall be published together with the criteria used to establish such list and which shall have the objective to foster a wider re-use of the categories of data referred to in Article 3(1) and accessibility by a wider range of re-users, in line with State aid rules and competition law;
Amendment 437 #
2020/0340(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) providing technical support in the application of tested techniques ensuring data processing in a manner that preserves privacy of the information contained in the data for which re-use is allowed, including techniques for pseudonymisation, anonymisation, generalisation, suppression and randomisation of personal data and the deletion of commercially confidential information, including trade secrets or content protected by Intellectual Property Rights;
Amendment 462 #
2020/0340(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) services of data cooperatives, that is to say services supporting data subjects or one-person companies or micro, small and medium-sized enterprises, who are members of the cooperative or who confer the power to the cooperative to negotiate terms and conditions for data processing before they consent, in making informed choices before consenting to data processing, and allowing for mechanisms to exchange views on data processing purposes and conditions that would best represent the interests of data subjects or legal persons.
Amendment 486 #
2020/0340(COD)
Proposal for a regulation
Article 10 – paragraph 7
Article 10 – paragraph 7
(7) At the request of the provider, tThe competent authority shall, within one week, issue a standardised declaration, confirming that the provider has submitted the notification referred to in paragraph 4 and that the notification meets fully the requirements outlined in paragraph 6.
Amendment 487 #
2020/0340(COD)
Proposal for a regulation
Article 10 – paragraph 7 a (new)
Article 10 – paragraph 7 a (new)
(7 a) Upon reception of the standardised declaration, the provider of data sharing services may start the activity subject to the conditions laid down in this Chapter.
Amendment 503 #
2020/0340(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point 2
Article 11 – paragraph 1 – point 2
(2) the metadata collected from the provision of the data sharing service may be used only for the development of that service and should be made available to the data holders upon request;
Amendment 512 #
2020/0340(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point 5
Article 11 – paragraph 1 – point 5
(5) the provider shall have procedures in place to prevent and monitor potential fraudulent or abusive practices in relation to access to data from parties seeking access through their services;
Amendment 514 #
2020/0340(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point 6
Article 11 – paragraph 1 – point 6
(6) the provider shall ensure a reasonable continuity of provision of its services and, in the case of services which ensure storage of data, shall have sufficient guarantees in place that allow data holders and data users to obtain access to and to retrieve their data in case of insolvency of the provider;
Amendment 521 #
2020/0340(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point 8
Article 11 – paragraph 1 – point 8
(8) the provider shall take measures to ensure a high level of security, including cybersecurity standards, for the storage and transmission of non-personal data;
Amendment 550 #
2020/0340(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
This Chapter shall not apply to not-for- profit entities whose activities consist only in seeking to collect data for objectives of general interest, made available by natural or legal persons on the basis of data altruism.:
Amendment 553 #
2020/0340(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point a (new)
Article 14 – paragraph 1 – point a (new)
(a) public sector bodies that offer data sharing facilities on a non-commercial basis;
Amendment 554 #
2020/0340(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point b (new)
Article 14 – paragraph 1 – point b (new)
(b) not-for-profit entities whose activities consist only in seeking to collect data for objectives of general interest, made available by natural or legal persons on the basis of data altruism.
Amendment 564 #
2020/0340(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
(3) An entity registered in the register in accordance with Article 16 may refer to itself as a ‘data altruism organisation recognised in the Union’ in its written and spoken communication. The entity shall use a EU dedicated logo or QR code linking to the European register of recognised data altruism organisations, both online and offline. The logo shall have the objective of providing a coherent visual identity to European Union data altruism organisations and contribute to increase trust for data subjects and legal entities. The logo must be created and displayed with rules established in a separate implementing act in accordance with the procedure referred to in Article 29.
Amendment 565 #
2020/0340(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
(3) An entity registered in the register in accordance with Article 16 may refer to itself as a ‘data altruism organisation recognised in the Union’ in its written and spoken communication. The entity shall use a EU dedicated logo and link to the European register of recognised data altruism organisations. The logo shall have the objective of providing a coherent visual identity to European Union data altruism organisations and contribute to increase trust for data subjects and legal entities. The logo must be created and displayed with rules established in a separate implementing act in accordance with the procedure referred to in Article 29.
Amendment 594 #
2020/0340(COD)
Proposal for a regulation
Article 17 – paragraph 6
Article 17 – paragraph 6
(6) The information referred to in paragraph 4, points (a), (b), (f), (g), and (h) shall be published in the national public register of recognised data altruism organisations.
Amendment 597 #
2020/0340(COD)
Proposal for a regulation
Article 17 – paragraph 7
Article 17 – paragraph 7
(7) Any entity entered in the public register of recognised data altruism organisations shall submit any changes of the information provided pursuant to paragraph 4 to the competent authority within 14 calendar days from the day on which the change takes place.
Amendment 612 #
2020/0340(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point a
Article 19 – paragraph 1 – point a
(a) about the purposes of general interest for which it permits the processing of their data by a data user in an easy-to- understand manner;
Amendment 615 #
2020/0340(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point b
Article 19 – paragraph 1 – point b
(b) about any processingthe purposes of general interest for which it permits any processing of their data by a data user outside the Union.
Amendment 677 #
2020/0340(COD)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
(2) Stakeholders and relevant third parties may, including representatives of national, trans-national or Common European data spaces, businesses, researchers, civil society shall be invited regularly to attend meetings of the Board and to participate in its work.
Amendment 684 #
2020/0340(COD)
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
(3) The Commission shall chair the meetings of the Board which may be conducted in different configurations, depending on the subjects to be discussed.
Amendment 692 #
2020/0340(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point b
Article 27 – paragraph 1 – point b
(b) to advise and assist the Commission in developing a consistent practice of the competent authorities in the application of requirements applicable to data sharing providers and data altruism organisations;
Amendment 713 #
2020/0340(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point e a (new)
Article 27 – paragraph 1 – point e a (new)
(e a) to advise the Commission in the decision of adopting implementing acts referred to in article 5 (9);
Amendment 714 #
2020/0340(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point e b (new)
Article 27 – paragraph 1 – point e b (new)
(e b) to assist the Commission in the discussions conducted at bilateral, plurilateral or multilateral level with third countries aimed at improving the regulatory environment for non-personal data, including standardisation, at global level;
Amendment 720 #
2020/0340(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
(1) The public sector body, the natural or legal person to which the right to re-use data was granted under Chapter 2, the data sharing provider or the entity entered in the register of recognised data altruism organisations, as the case may be, shall take all reasonable technical, legal and organisational measures in order to prevent transfer or access to non-personal data held in the Union where such transfer or access would create a conflict with Union law or the law of the relevant Member State, unless the transfer or access are in line withwithout prejudice to paragraph 2 or 3.
Amendment 723 #
2020/0340(COD)
Proposal for a regulation
Article 30 – paragraph 3 – introductory part
Article 30 – paragraph 3 – introductory part
(3) WIn the absence of such an international agreement, where a public sector body, a natural or legal person to which the right to re-use data was granted under Chapter 2, a data sharing provider or entity entered in the register of recognised data altruism organisations is the addressee of a decision of a court or of an administrative authority of a third country to transfer from or give access to non- personal data held in the Union and compliance with such a decision would risk putting the addressee in conflict with Union law or with the law of the relevant Member State, transfer to or access to such data by that third-country authority shall take place only:
Amendment 725 #
2020/0340(COD)
The addressee of the decision shallmay ask the opinion of the relevant competent bodies or authorities, pursuant to this Regulation, in order to determine if these conditions are met. The relevant competent bodies shall exchange information on international access requests in the framework of the European Data Innovation Board.
Amendment 729 #
2020/0340(COD)
Proposal for a regulation
Article 30 – paragraph 5
Article 30 – paragraph 5
(5) The public sector body, the natural or legal person to which the right to re-use data was granted under Chapter 2, the data sharing provider and the entity providing data altruism shall inform the data subject or the data holder about the existence of a request of an administrative authority in a third-country to access its data before complying to the request, except in cases where the request serves law enforcement purposes and for as long as this is necessary to preserve the effectiveness of the law enforcement activity.
Amendment 737 #
2020/0340(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
By [fourtwo years after the data of application of this Regulation], the Commission shall carry out an evaluation of this Regulation, and submit a report on its main findings to the European Parliament and to the Council as well as to the European Economic and Social Committee. Member States shall provide the Commission with the information necessary for the preparation of that report.
Amendment 13 #
2020/0320(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8 a) One of the lessons of the COVID- 19 pandemic was that the Center needs to be strengthened and that there is a need for more European coordination of disease prevention and control mechanisms. Good coordination at European level of the prevention and control of diseases that are cross-border health threats is essential. To this end, the Center should have the ability to inspect at source how national coordinating bodies apply this Regulation.
Amendment 15 #
2020/0320(COD)
Proposal for a regulation
Recital 8 b (new)
Recital 8 b (new)
(8 b) The fulfilment of the Centre's tasks and missions depends on an adequate budget and good cooperation and compliance by the Member States. In order to keep track of Member States' progress in implementing the obligations contained in the Regulation, the Centre may carry out source inspections.
Amendment 28 #
2020/0320(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EC) No 851/2004
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
2. The Centre shall, within its financial capacity and mandate, perform the following tasks:
Amendment 29 #
2020/0320(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EC) No 851/2004
Article 3 – paragraph 2 – point e
Article 3 – paragraph 2 – point e
(e) monitor and inspect health systems’ capacity relevant to the management of communicable disease threats and other special health issues;
Amendment 30 #
2020/0320(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EC) No 851/2004
Article 3 – paragraph 2 – point j a (new)
Article 3 – paragraph 2 – point j a (new)
(j a) provide timely information to the Commission, the Member States, Community agencies and international organisations active within the field of public health;
Amendment 31 #
2020/0320(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EC) No 851/2004
Article 3 – paragraph 2 – point j b (new)
Article 3 – paragraph 2 – point j b (new)
Amendment 32 #
2020/0320(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EC) No 851/2004
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The Centre, the Commission, and the relevant Union bodies or EU agencies and the Member States shall cooperate to promote effective coherence between their respective activities.;
Amendment 33 #
2020/0320(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EC) No 851/2004
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3 a. The Member States shall ensure without delay the coordination and collaboration with the Centre in all the missions and tasks mentioned in article 3.
Amendment 34 #
2020/0320(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 851/2004
Article 4 – paragraph 1 – point c a (new)
Article 4 – paragraph 1 – point c a (new)
(ca) ensure the financial means and digital infrastructure for the coordinating competent body and facilitate the mission of the Centre by providing timely the information requested
Amendment 36 #
2020/0320(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EC) No 851/2004
Article 5 – paragraph 6 a (new)
Article 5 – paragraph 6 a (new)
6 a. The Centre shall provide technical assistance to European laboratories to develop their detection and sequencing capacities especially in Member States that do not have the necessary capacity.
Amendment 96 #
2020/0260(NLE)
Proposal for a regulation
Recital 6
Recital 6
(6) The Communication from the Commission of 19 February 2020 entitled ‘Shaping Europe’s digital future’ presents Europe’s digital strategy and focuses on few key objectives to ensure that digital solutions help Europe to pursue its own way towards a digital transformation that works for the benefit of people. Among the key actions it proposes is to invest in building and deploying cutting-edge joint digital capacities, including in supercomputing and quantum technologies, and to expand Europe’s supercomputing capacity to develop innovative solutions for medicine, transport and the environmentacross all economic sectors, such as industrial activities, manufacturing, cybersecurity, health and medicine, transport and sustainable mobility, and environment and climate change.
Amendment 108 #
2020/0260(NLE)
Proposal for a regulation
Recital 11
Recital 11
(11) Global events such as the COVID- 19 pandemic have shown the importance of investing in High Performance Computing and health-related modelling platforms and tools, as they are playing a key role in the fight against the pandemic, often in combination with other digital technologies such as big data and, artificial intelligence and computer modelling and simulation. High Performance Computing is being used to accelerate the identification and production of treatments, to predict the virus’ spread, to help plan the distribution of medical supplies and resources, and to simulate post-epidemic exit measures in order to evaluate different scenarios. High Performance Computing modelling platforms and tools are critical tools for the current and future pandemics, and they will play a key role in health and personalised medicine.
Amendment 113 #
2020/0260(NLE)
Proposal for a regulation
Recital 14
Recital 14
(14) In order to equip the Union with the computing performance needed to maintain its research and industrial capacities at a leading edge, the Member States investment in High Performance Computing and quantum computing should be coordinated and the industrial and market take-up of High Performance Computing and quantum computing technologies be reinforced both in the public and private sectors. The Union should increase its effectiveness in turning the technology developments into demand- oriented and application-driven European High Performance Computing and quantum computing systems of the highest quality, establishing an effective link between technology supply, co-design with users, and a joint procurement of world- class systems, and creating a world-class ecosystem in High Performance Computing and quantum computing technologies and applications. At the same time, the Union should provide an opportunity for its supply industry to leverage on such investments, leading to their uptake in large-scale and emerging application fields such as personalised medicine, climate change, connected and automated driving or other lead markets that are underpinned by artificial intelligence, blockchain technologies, computer modelling and simulation, edge computing or more broadly by the digitalisation of the European industry.
Amendment 134 #
2020/0260(NLE)
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
(25 a) The Joint Undertaking should like-wise consider start-ups in their R&D phase wherever SMEs are mentioned, as the HPC platforms are currently not inclusive enough. The access barriers - such as the cost of service fees, heavy administration and lack of awareness - should be significantly reduced in order to have a more open-access and distributed service.
Amendment 138 #
2020/0260(NLE)
Proposal for a regulation
Recital 26
Recital 26
(26) The Joint Undertaking should contribute to reducing the specific skills gap across the Union by engaging in awareness raising measures and assisting in the building of new knowledge and human capital, including by building competences in procurements made in the framework of this Regulation. This should all be part of a coordinated effort on outreach to inform potential users on the possibilities that HPC and quantum computing can offer.
Amendment 143 #
2020/0260(NLE)
Proposal for a regulation
Recital 26 a (new)
Recital 26 a (new)
(26 a) The Joint Undertaking should encourage the development of specific university titles and educational programmes for quantum computing, given the increasing need for experts that this field is going to have, and in order to avoid creating a 'quantum bottleneck'. In this regard, the Joint Undertaking must pay special attention to gender perspective and adopt measures to promote gender balance in this field.
Amendment 145 #
2020/0260(NLE)
Proposal for a regulation
Recital 30
Recital 30
(30) In order to achieve its objectives to design, develop and use the most innovative technologies in High Performance Computing and quantum computing, the Joint Undertaking should provide financial support in particular in the form of grants and procurement following open, transparent and competitive calls for proposals and calls for tenders based on annual work programmes. Such financial support should be targeted in particular at proven market failures that prevent the development of the programme concerned, should not crowd- out private investments and should have an incentive effect in that it changes the behaviour of the recipient.
Amendment 152 #
2020/0260(NLE)
Proposal for a regulation
Recital 33
Recital 33
(33) The Joint Undertaking should hyper-connect all the supercomputers and data infrastructures it will own or co-own with state-of-the-art networking technologies, making them widely accessible across the Union, especially SMEs, start-ups in R&D phase and researchers, and should interconnect and federate its supercomputing and quantum computing data infrastructure, as well as national, regional and other computing infrastructures with a common platform. The Joint Undertaking should also ensure the interconnection of the federated, secure supercomputing, and quantum computing service and data infrastructures with the common European data spaces, European Open Science Cloud, GAIA-X, and federated, secure cloud infrastructures announced in the Communication from the Commission of 19 February 2020 on ‘A European Strategy for Data’, for seamless service provisioning to a wide range of public and private users across Europe.
Amendment 154 #
2020/0260(NLE)
Proposal for a regulation
Recital 34
Recital 34
(34) Horizon Europe and the Digital Europe Programme should respectively contribute to the closing of the research and innovation divide within the Union and to deploying wide-range supercomputing capabilities by promoting synergies with the European Structural and Investments Funds (ESIF) and the Recovery and Resilience Facility (RRF). Therefore, the Joint Undertaking should seek to develop close interactions with the ESIF and the RRF, which can specifically help to strengthen local, regional and national research and innovation capabilities.
Amendment 155 #
2020/0260(NLE)
Proposal for a regulation
Recital 35
Recital 35
(35) The Joint Undertaking should provide a favourable framework for Participating States that are Member States to use their ESIfinancial contributions to ESIF and RRF for the acquisition of High Performance Computing and quantum computing and data infrastructures and their interconnection. The use of ESIF and RRF in the Joint Undertaking activities is essential for developing in the Union an integrated, excellence-based, federated, secure and hyper-connected world-class High Performance Computing, quantum computing service and data infrastructure, since the benefits for such infrastructure extend well beyond the users of the Member States. If Member States decide to use ESIF and the RRF for contributing to the acquisition costs of the supercomputers and quantum computers of the Joint Undertaking, the Joint Undertaking should take intoose contributions should be considered nation the Unal contribution's share of ESIF of this Member State, while accounting only the national ESIF share as national contributhe budget of the Joint Undertaking provided that Article 106 and other applicable provisions of the Common Provisions Regulation toand the budget of the Joint Undertakingfund-specific regulations are complied with..
Amendment 159 #
2020/0260(NLE)
Proposal for a regulation
Recital 40
Recital 40
(40) The Joint Undertaking should be able to acquire together with the Private Members or a consortium of private partners industrial-grade supercomputers, that are at least mid-range. The operation of each such supercomputer should be entrusted to an existing hosting entity. The hosting entity should be able to associate itself with the Private Members or the consortium of private partners for the acquisition and operation of such supercomputer. The Joint Undertaking should own the part that corresponds to the Union's share of financial contribution to the acquisition costs from Digital Europe Programme funds. The hosting entity and its associated Private Members or consortium of private partners should be selected by the Governing Board following a call for expression of interest evaluated by independent experts. The share of the Union's access time to such supercomputer should be directly proportional to the financial contribution of the Union from Digital Europe Programme funds to the acquisition costs of that industrial-grade supercomputer. The Joint Undertaking should be able to reach an agreement with the Private Members or the consortium of private partners to sell such supercomputer to another entity or decommission it. Alternatively, the Joint Undertaking should be able to transfer the ownership of such supercomputer to the Private Members or the consortium of private partners. In this case or when the Joint Undertaking is being would-up, the Private Members or the consortium of private partners should reimburse the Joint Undertaking the residual value of the Union’s share of the supercomputer. In the case the Joint Undertaking and the Private Members or the consortium of private partners decide to proceed to the decommissioning of the supercomputer after the full depreciation of its operation, such costs should be covered by the Private Members or the consortium of private partners.
Amendment 170 #
2020/0260(NLE)
Proposal for a regulation
Recital 44
Recital 44
(44) User allocation of access time to the supercomputers of the Joint Undertaking should be free of charge for public users. It should also be free of charge for private users for their applications related to research and innovation activities funded by Horizon Europe or the Digital Europe Programme, as well as for private innovation activities of SMEs, where appropriate. Such allocation of access time should primarily be based on open calls for expression of interest launched by the Joint Undertaking and evaluated by independent experts. With the exception of SME users undertaking private innovation activities, all users benefiting from free-of-charge access time to the supercomputers of the Joint Undertaking should adopt an open science approach and disseminate knowledge gained through this access, in accordance with the Horizon Europe Regulation. User allocation of access time for economic activities other than private innovation activities of SMEs (which face particular market failures), should be granted on a pay-per-use basis, based on market prices. Allocation of access time for such economic activities should be allowed but limited and the level of the fee to be paid should be established by the Governing Board. The access rights should be allocated in a transparent manner. The Governing Board should define specific rules to grant access time free of charge, where appropriate, and without a call for expression of interest to initiatives that are considered strategic either by the Union or by the Governing Board. Representative examples of strategic initiatives of the Union include: Destination Earth, the Human Brain Project Flagship, the “1+ Million Genomes” initiative, the common European data spaces operating in domains of public interest, and in particular the health data space, the High Performance Computing Centres of Excellence and Competence Centres, the Digital Innovation Hubs, etc. Upon Union’s request, the Joint Undertaking should grant direct access time on a temporary or permanent basis to strategic initiatives and existing or future application platforms that it considers essential for providing health- related or other crucial emergency support services for the public good, to emergency and crisis management situations or to cases that the Union considers essential for its security and defence. The Joint Undertaking should be allowed to carry out some limited economic activities for commercial purposes. Access should be granted to users residing, established or located in an EU Member State or a country associated to the Digital Europe Programme and to Horizon Europe. The access rights should be equitable to any user and allocated in a transparent manner. The Governing Board should define and monitor the access rights to the Union's share of access time for each supercomputer.
Amendment 175 #
2020/0260(NLE)
Proposal for a regulation
Recital 50
Recital 50
(50) To foster an innovative and, competitive, and resilient European High Performance Computing and quantum computing ecosystem of recognised excellence, the Joint Undertaking should make appropriate use of the procurement and grant instruments, including joint procurement, pre-commercial procurement and public procurement of innovative solutions. The Joint Undertaking will take into consideration the possibility of upgrading existing facilities to guarantee state-of-the-art technologies and a world- class ecosystem in High Performance Computing and quantum computing technologies and applications
Amendment 176 #
2020/0260(NLE)
Proposal for a regulation
Recital 53 a (new)
Recital 53 a (new)
(53 a) The Joint Undertaking should allow a differentiation of reimbursements rates as part of making the access more open and prone to diverse participation. SME's, start-ups and non-profit legal entities should benefit from this differentiation and their application should not increase bureaucracy. The reimbursement rates shall be indicated in the work programme.
Amendment 188 #
2020/0260(NLE)
Proposal for a regulation
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
(16) ‘industrial-grade supercomputer’ means an at least mid-range supercomputer specifically designed with security, confidentiality and data integrity requirements for industrial users that are more demanding than for a scientific usage;
Amendment 189 #
2020/0260(NLE)
Proposal for a regulation
Article 2 – paragraph 1 – point 20
Article 2 – paragraph 1 – point 20
(20) ‘national High Performance Computing competence centre’ means a legal entity established in a Participating State that is a Member State, associated with the national supercomputing centre of that Member State, providing users from industry, including SMEespecially SMEs and start-ups, academia, and public administrations with access on demand to the supercomputers and to the latest High Performance Computing technologies, tools, applications and services, and offering expertise, skills, training, networking and outreach;
Amendment 194 #
2020/0260(NLE)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
(1) The mission of the Joint Undertaking shall be to develop, deploy, extend and maintain in the Union a world leading federated, secure and hyper- connected supercomputing, quantum computing, service and data infrastructure ecosystem; support the production of innovative and competitive supercomputing systems ideally within the European Union, based on a supply chain that will ensure components, technologies and knowledge limiting the risk of disruptions and the development of a wide range of applications optimised for these systems; and, widen the use of this supercomputing infrastructure to a large number of public and private users, including SMEs and start-ups in R&D phase, and support the development of key skills for European science and industry.
Amendment 215 #
2020/0260(NLE)
Proposal for a regulation
Article 3 – paragraph 2 – point f
Article 3 – paragraph 2 – point f
(f) to promote, facilitate and widen the use of supercomputing services andin all sectors and to contribute to the development of key skills that European science and industry need.
Amendment 226 #
2020/0260(NLE)
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) Infrastructure pillar, encompassing the activities for the acquisition, deployment, and operation of the secure, hyper-connected world-class supercomputing, quantum computing and European data infrastructure, including upgrading the existing infrastructure and the promotion of the uptake and systematic use of research and innovation results generated within the Union.
Amendment 248 #
2020/0260(NLE)
Proposal for a regulation
Article 4 – paragraph 1 – point f
Article 4 – paragraph 1 – point f
(f) Widening usage and skills pillar, aiming at fostering excellence in supercomputing, quantum computing, and data use and skills, including skills for procurements made in the framework of this regulation, taking into account synergies with other programs and instruments, in particular Digital Europe Program, widening the scientific and industrial use of supercomputing resources and data applications and fostering the industrial access and use of supercomputing and data infrastructures for innovation adapted to industrial needs; and providing Europe with a knowledgeable leading scientific community and a skilled workforce, for scientific leadership and digital transformation of industry, including the support and networking of national High Performance Computing Competence Centres and High Performance Computing Centres of Excellence. Special attention should be paid to the existing gender gap in the ICT sector, especially in HPC and quantum computing, and encourages the creation of specific programmes to promote the presence of women and reduce the additional barriers they face.
Amendment 256 #
2020/0260(NLE)
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
(1) The Union financial contribution to the Joint Undertaking including EFTA appropriations shall be up to EUR [XXXXX], including up to EUR [XXXXX] including up to 4% for administrative costs and technical assitance, distributed as follows:
Amendment 257 #
2020/0260(NLE)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
(3) Additional Union funds complementing the contribution referred to in paragraph 1 may be allocated to the Joint Undertaking to support activities for the research and innovation and deployment of innovative solutions within the Union.
Amendment 258 #
2020/0260(NLE)
Proposal for a regulation
Article 5 – paragraph 6
Article 5 – paragraph 6
(6) The Union's financial contribution referred to in point (a) of paragraph 1 shall be used for the Joint Undertaking to provide financial support to indirect actions as defined in Article xxx of the Horizon Europe Regulation, corresponding to the research and innovation agenda and through an open and transparent procedure.
Amendment 260 #
2020/0260(NLE)
Proposal for a regulation
Article 5 – paragraph 7
Article 5 – paragraph 7
(7) The Union's financial contribution referred to in point (b) of paragraph 1 shall be used for capability building across the whole Union, including the acquisition, and operation and upgrades of High Performance Computers, quantum computers or quantum simulators, the federation of the High Performance Computing and quantum computing service and data infrastructure and the widening of its use, and the development of advanced skills and training.
Amendment 263 #
2020/0260(NLE)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
(1) The Participating States shall make a total contribution of at least equal to the amount of the Union contribution referred to in Article 5 of this Regulation, including up to EUR [XXXXX] contribution4% for administrative costs[equal to the amount of the Union contribution for administrative costs referred to in Article 5 of this Regulation] and technical assistance. The Participating States shall arrange among them how they will deliver their collective contribution.
Amendment 274 #
2020/0260(NLE)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
(3) The selection of the supplier of the high-end supercomputer shall addressssess compliance with the general system specifications, uphold the concept of excellence, and ensure that user needs in Europe are met and the security of the supply chain is given.
Amendment 276 #
2020/0260(NLE)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
(3) The selection of the supplier of the quantum computers and quantum simulators shall addressssess compliance with the general system specifications, uphold the concept of excellence, and ensure that user needs in Europe are met and the security of the supply chain is given.
Amendment 278 #
2020/0260(NLE)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
(1) The Joint Undertaking shall acquire together with the Private Members, or a consortium of private partners, at least mid-range supercomputers, or partitions of EuroHPC supercomputers, primarily destined for use by industry, and shall own them or co-own them with the Private Members or a consortium of private partners.
Amendment 279 #
2020/0260(NLE)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
(3) The selection of the supplier of an industrial-grade EuroHPC supercomputer shall addressssess compliance with the general system specifications, uphold the concept of excellence, and ensure that user needs in Europe are met and the security of the supply chain is given.
Amendment 283 #
2020/0260(NLE)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
(3) The selection of the supplier of the mid-range supercomputer shall addressssess compliance with the general system specifications, uphold the concept of excellence, and ensure that user needs in Europe are met and the security of the supply chain is given.
Amendment 297 #
2020/0260(NLE)
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
(3) The access time allocated to commercial services shall in principle not exceed 20% of the Union's total access time of each EuroHPC supercomputer. The Governing Board shall decide on the maximum allocation of the Union's access time for the users of commercial services, taking into account the outcome of the monitoring referred to in Article 15(10).
Amendment 303 #
2020/0260(NLE)
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
Amendment 331 #
2020/0260(NLE)
Proposal for a regulation
Article 10 – point 2
Article 10 – point 2
(2) The Research and Innovation Advisory Group shall consist of no more than twelven members, whereas no more than half which shall be appointed by the Private Members taking into account their commitments to the Joint Undertaking and no more than half shall be appointed by the Governing Board.
Amendment 335 #
2020/0260(NLE)
Proposal for a regulation
Article 10 – point 3
Article 10 – point 3
(3) The Infrastructure Advisory Group shall consist of twelven members. The Governing Board shall establish the specific criteria that will be considered for selecting the members of the Infrastructure Advisory Group. The Chair and Vice Chair of the Governing Board shall appoint the members of the Infrastructure Advisory Group, following inputs received from the Governing Board and the Executive Director.
Amendment 35 #
2020/0108(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The Covid-19 pandemic is a major shock to the global and Union economy. Due to the necessary containment measures, economic activity in the EU dropped significantly. The contraction in EU GDP in 2020 is expected to be around 7.5%, far deeper than during the financial crisis in 2009. The outbreak of the pandemic has shown the interconnectivity of global supply chains and exposed some vulnerabilities such as the over-reliance of strategic industries on non-diversified external supply sources. Such vulnerabilities need to be addressed, in particular for small and medium-sized enterprises (SMEs) and micro-scale businesses, to improve the Union’s emergency response as well as the resilience, cohesion, digitization and sustainability of the entire economy, while maintaining its openness to competition and trade in line with its rules. Investment activity is expected to have dropped significantly. Even before the pandemic, while a recovery in investment-to-GDP ratios in the Union could be observed, it remained below what might be expected in a strong recovery and was insufficient to compensate for years of underinvestment following the 2009 crisis. More importantly, the current investment levels and forecasts do not cover the Union’s needs for structural investment to restart and sustain long-term growth in the face of technological change and global competitiveness, including for innovation, skills, infrastructure, small and medium- sized enterprises (SMEs) and the need to address key societal challenges such as sustainability or population ageing. Consequently, in order to achieve the Union's policy objectives, and to support a swift, inclusive and healthy economic recovery, support is necessary to address market failures and sub-optimal investment situations and to reduce the investment gap in targeted sectors.
Amendment 41 #
2020/0108(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The InvestEU Fund should contribute to improving the competitiveness and socio-economic convergence and, cohesion and resilience of the Union, including in the fields of innovation and digitisation, to the efficient use of resources in accordance with the circular economy, to the sustainability and inclusiveness of the Union's economic growth and to the social resilience and integration of the Union capital markets, including through solutions that address the fragmentation of Union capital markets and that diversify sources of financing for Union enterprises. To that end, the InvestEU Fund should support projects that are technically and economically viable by providing a framework for the use of debt, risk sharing and equity instruments backed up by a guarantee from the Union budget and by financial contributions from implementing partners as relevant. The InvestEU Fund should be demand-driven, while at the same time it should focus on providing strategic, long-term benefits in relation to key areas of Union policy which otherwise would not be funded or would be insufficiently funded, thereby contributing to meeting policy objectives of the Union. Support under the InvestEU Fund should cover a wide range of sectors and regions, but should avoid excessive sectoral or geographical concentration and should facilitate access of projects composed of partner entities in multipleand projects that foster the development of networks, clusters and digital innovation hubs in all regions across the EU.
Amendment 64 #
2020/0108(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Although the level of overall investment in the Union was increasing before the Covid-19 crisis, investment in higher-risk activities such as research and innovation was still inadequate and is now expected to have suffered a significant hit with the crisis. The resultingSince the research and innovation will play a crucial role in consolidating the resilience of the Union to tackle future challenges, the InvestEU Fund should tackle the current underinvestment in research and innovation that is damaging to the industrial and economic competitiveness of the Union and the quality of life of its citizens. The InvestEU Fund should provide appropriate financial products to cover different stages of the innovation cycle and a wide range of stakeholders, in particular to allow the upscaling of and deployment of solutions at a commercial scale in the Union in order to make such solutions competitive on world markets and to promote Union excellence in sustainable technologies at a global level, in synergy with Horizon Europe, including the European Innovation Council. In that regard, the experience gained from the financial instruments, such as InnovFin – EU Finance for Innovators, deployed under Horizon 2020 to facilitate and accelerate access to finance for innovative businesses should serve as a strong basis to deliver this targeted support.
Amendment 71 #
2020/0108(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Tourism is an important area for the Union economy and the sector, which experienced a particularly severe contraction as a result of COVID-19 pandemic, with particular consequences for small family businesses. The InvestEU Programme should contribute to strengthening its long- term competitiveness by supporting operations promoting a sustainable, innovative and digital tourismrecovery in the tourism sector.
Amendment 78 #
2020/0108(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) In the economic crisis caused by the Covid-19 pandemic, market allocation of resources is not fully efficient and perceived risk impairs private investment flow significantly. Under such circumstances, the key feature of the InvestEU Fund of de-risking economically viable projects to crowd in private finance is particularly valuable and should be reinforced, inter alia in order to counteract the risk of an asymmetric recovery. The InvestEU Programme should be able to provide crucial support to companies, in particular SMEs and micro-scale companies, in the recovery phase and at the same time ensure a strong focus of investors on the Union’s medium- and long-term policy priorities such as the European Green Deal, the European Green Deal Investment Plan, the Strategy on shaping Europe’s digital future, the Youth Guarantee, the European Child Guarantee, the new Industrial Strategy for Europe, the European Strategy for SMEs, and the Strong Social Europe for Just Transitions. It should significantly increase the risk-taking capacity of the European Investment Bank (EIB) Group and national promotional banks and institutions and other implementing partners in support of economic recovery.
Amendment 83 #
2020/0108(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) The Covid-19 pandemic is a major shock to the global and Union economy. The contraction in EU GDP is expected to be far deeper than during the financial crisis in 2009 and adverse social effects will be inevitable. The outbreak of the pandemic has shown the need for strategic vulnerabilities to be addressed in order to improve the Union’s emergency response as well as the resilience of the entire economy. Only a resilient, digitalised, innovative, inclusive and integrated European economy can preserve the Single Market and the level playing field also to the benefit of the hardest-hit Member States.
Amendment 85 #
2020/0108(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) The primary focus of the strategic European investment window should be on support to those final recipients established in a Member State and operating in the Union whose activities are of strategic importance to the Union, in particular in view of the green and digital transitions and of enhanced resilience in areas ofline with the priorities described in the New Industrial Strategy for a green and digital Europe, and the development model based on industrial ecosystems. The window should support projects that enhance the competitiveness of the Member States' economies, foster entrepreneurship and decrease dependence on vulnerable supply chains. Areas of strategic importance include (i) critical healthcare provision, manufacturing and stockpiling of pharmaceuticals, medical devices and medical supplies, strengthening of health crisis response capacity and of the civil protection system, (ii) critical infrastructure, whether physical or virtual; (iii) provision of goods and services instrumental to the operation and maintenance of such infrastructure, (iv)a) critical early detection and coordinated institutional and economic response capabilities to react in case of crisis risks, as well as on advancing business and service continuity solutions for essential public and private institutions and sector; (iib) crucial investments in renovation and integrating innovative solutions in the building sector, (iic) supporting the conditions for boosting entrepreneurship, financing private sector development, including start-ups and SMEs, privatisation processes, adaptation to technological development and sustainable sectoral development; (iid) investment and technical assistance for fostering entrepreneurial skills, for the creation of new start-ups, SMEs and family businesses and for the development of networks of clusters and digital innovation hubs across the continent; (iii) provision of goods and services instrumental to the operation and maintenance of such infrastructure, (iv) promotion of an innovative and sustainable re-industrialisation of Europe, following the priorities described in the New Industrial Strategy for a green and digital Europe and the development model based on industrial ecosystems through key enabling, transformative, green and digital technologies and game- changing innovations where the investment is strategically important for the Union’s industrial future, including artificial intelligence, blockchain, software, robotics, semiconductors, microprocessors, edge cloud technologies, high-performance computing, cybersecurity, quantum technologies, photonics, industrial biotechnology, renewable energy technologies, energy storage technologies including batteries, sustainable transport technologies, clean hydrogen and fuel cell applications, decarbonisation technologies for industry, carbon capture and storage, circular economy technologies biomedicine, nanotechnologies, pharmaceuticals and advanced materials; (v) manufacturing facilities for mass production of Information Communication and Technology components and devices in the EU; (vi) supply and stockpiling of critical inputs to public actors, businesses or consumers in the Union; (vii) critical technologies and inputs for the security of the Union and its Member States, such as defence and space sectors and cybersecurity, and dual use items as defined in point 1 of Article 2 of Council Regulation (EC) No 428/2009. The final recipients should have their registered office in a Member State and they should be active in the Union in the sense that they have substantial activities in terms of staff, manufacturing, research and development or other business activities in the Union. Projects which contribute to diversification of strategic supply chains in the Single Market through operations in multiple locations across the EU should be able to benefit.
Amendment 97 #
2020/0108(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) The InvestEU should also provide support to financing to generate investment to the benefit of just transition regions, as well as the possibility for the respective regions to benefit from dedicated technical assistance via the InvestEU Advisory Hub.
Amendment 104 #
2020/0108(COD)
Proposal for a regulation
Recital 55
Recital 55
(55) The InvestEU Advisory Hub should support the development of a robust pipeline of investment projects in each policy window through advisory initiatives that are implemented by the EIB Group or other advisory partners, or are implemented directly by the Commission. The InvestEU Advisory Hub should promote geographic diversification with a view to contributing to the Union objectives of economic, social, and territorial cohesion and reducing regional disparities, including the possibility of prioritizing the allocation of its technical support and assistance to underdeveloped regions. The InvestEU Advisory Hub should pay particular attention to the aggregation of small-sized projects into larger portfolios. The Commission, the EIB Group and the other advisory partners should cooperate closely with a view to ensuring efficiency, synergies and effective geographic coverage of support across the Union, taking into account the expertise and local capacity of local implementing partners, as well as the European Investment Advisory Hub established under Regulation (EU) 2015/1017 of the European Parliament and of the Council34 . In addition, the InvestEU Advisory Hub should provide a central entry point for project development assistance delivered under the InvestEU Advisory Hub to public authorities and for project promoters. _________________ 34Regulation (EU) 2015/1017 of the European Parliament and of the Council of 25 June 2015 on the European Fund for Strategic Investments, the European Investment Advisory Hub and the European Investment Project Portal and amending Regulations (EU) No 1291/2013 and (EU) No 1316/2013 — the European Fund for Strategic Investments (OJ L 169, 1.7.2015, p.1).
Amendment 107 #
2020/0108(COD)
Proposal for a regulation
Recital 59
Recital 59
(59) In the context of the InvestEU Fund, there is a need to provide support for project development and capacity building to develop the organisational capacities and market development activities needed to originate quality projects. Such support should also target financial intermediaries that are key to help small companies’ access financing and realise their full potential, and it should include technical assistance, in particular for the Member States with weak financial ecosystems. Moreover, the aim of the advisory support is to create the conditions for the expansion of the potential number of eligible recipients in nascent market segments, in particular where the small size of individual projects considerably raises the transaction cost at the project level, such as for the social finance ecosystem, including philanthropic organisations, or for the cultural and creative sectors. The capacity- building support should be complementary and in addition to actions taken under other Union programmes that cover specific policy areas. An effort should also be made to support the capacity building of potential project promoters, in particular local organisations and authorities.
Amendment 117 #
2020/0108(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) the Union's sovereignty and strategic autonomy, the social resilience, inclusiveness and innovativeness of the Union;
Amendment 122 #
2020/0108(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) the sustainable and inclusive recovery of the Union economy, and in particular of the SMEs, after the crisis caused by the Covid-19 pandemic, upholding and strengthening its industrial eco-systems and strategic value chains and creating, maintaining and reinforcing activities of strategic importance to the Union in relation to raw materials, critical infrastructure, transformative technologies, game-changing innovations and inputs to businesses and consumers.
Amendment 145 #
2020/0108(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point e – introductory part
Article 7 – paragraph 1 – point e – introductory part
(e) a strategic European investment policy window which comprises strategic investment to support final recipients that are established in a Member State and that operate in the Union, and whose activities are of strategic importance to the Union, in particular in view of the green and digital transitions and of enhanced resilienceline with the priorities described in the New Industrial Strategy for a green and digital Europe, and the development model based on industrial ecosystems. The window should support projects that enhance the competitiveness of the Member States' economies, foster entrepreneurship and decrease dependence on vulnerable supply chains, in view of the green and digital transitions, in one of the following areas:
Amendment 151 #
2020/0108(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point e – point ii
Article 7 – paragraph 1 – point e – point ii
ii) critical infrastructure, whether physical or virtual, including infrastructure elements identified as critical in the fields of energy, transport, environment, health, secure digital communication, 5G, internet of things, online service platforms, secure cloud computing, data processing or storage, public administration, payments and financial infrastructure, aerospace, defence, communications, media, education and training, electoral infrastructure and sensitive facilities, security, housing, as well as land and real estate crucial for the use of such critical infrastructure;
Amendment 154 #
2020/0108(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point e – point ii a (new)
Article 7 – paragraph 1 – point e – point ii a (new)
iia) critical early detection and coordinated institutional and economic response capabilities to react in case of crisis risks, as well as on advancing business and service continuity solutions for essential public and private institutions and sector;
Amendment 159 #
2020/0108(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point e – point ii c (new)
Article 7 – paragraph 1 – point e – point ii c (new)
iic) supporting the conditions for boosting entrepreneurship, financing private sector development including start-ups and SMEs, and the expansion of networks of clusters and digital innovation hubs, privatisation processes, adaptation to technological development and sustainable sectoral development;
Amendment 160 #
2020/0108(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point e – point ii d (new)
Article 7 – paragraph 1 – point e – point ii d (new)
iid) investment and technical assistance for fostering entrepreneurial skills, for the creation of new start-ups, SMEs and family businesses, that will diversify and expand the entrepreneurial market; investment and technical assistance for the development of networks of clusters and digital innovation hubs across the continent;
Amendment 163 #
2020/0108(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point e – point iv – introductory part
Article 7 – paragraph 1 – point e – point iv – introductory part
iv) the promotion of an innovative and sustainable re-industrialisation of Europe, following the priorities described in the New Industrial Strategy for a green and digital Europe and the development model based on industrial ecosystems through key enabling, transformative, green and digital technologies and game- changing innovations where the investment is strategically important for the Union’s industrial future, keeping in mind the principle of just transition, including
Amendment 206 #
2020/0108(COD)
Proposal for a regulation
Article 24 – paragraph 2 – point c
Article 24 – paragraph 2 – point c
(c) where appropriate, assist project promoters in developing their projects so that they fulfil the objectives set out in Articles 3 and 7 and the eligibility criteria set out in Article 13, and facilitate the development of Important Projects of Common European Interest and a just transition towards a low-carbon economy for most affected regions and aggregators for small-sized projects, including through investment platforms as referred to in point (f) of this paragraph, provided that such assistance does not prejudge the conclusions of the Investment Committee with respect to the coverage of the EU guarantee with respect to such projects;
Amendment 236 #
2020/0108(COD)
Proposal for a regulation
Annex III – point 8 – point 8.4 a (new)
Annex III – point 8 – point 8.4 a (new)
8.4a Number of clusters and Digital Innovation Hubs supported for the creation of synergies between regional, national, European and private businesses and companies;
Amendment 53 #
2020/0106(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Companies supported under the Solvency Support Instrument should be established and operating in the Union, meaning that they should have their registered office in a Member State and should be active in the Union in the sense that they have substantial activities in terms of staff, manufacturing, research and development or other business activities in the Union. They should pursue activities in support of objectives covered by this Regulation. They should have a viable business model, including intellectual property and/or strong technological R&D capabilities and not have been in difficulty in terms of the State aid framework7 already at end 2019. Support should be targeted at eligible companies operating in those Member States and sectors which are most impacted by the Covid-19 crisis and/or where the availability of State solvency support is more limited. __________________ 7 As defined in Article 2(18) of Commission Regulation (EU) No 651/2014 of 17 June 2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty (OJ L 187, 26.6.2014, p.1).
Amendment 63 #
2020/0106(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The equity funds, special purpose vehicles, investment platforms and national promotional banks and institutions should provide equity or quasi-equity (such as hybrid debt, preferred stock or convertible equity) to eligible companies, but excluding entities targeting buy-out (or replacement capital) intended for asset stripping. The Commission should exercise regular oversight and control of the use of funds and take necessary steps to sanction the misuse of funds by participating actors.
Amendment 35 #
2020/0104(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Against this background, it is necessary to strengthen the current framework for the provision of support to Member States and provide direct financial support to Member States through an innovative tool. To that end, a Recovery and Resilience Facility (the ‘Facility’) should be established under this Regulation to provide effective financial and significant support to stepthe recovery of the European economy, heavily impacted by the COVID-19 crisis, and increase its resilience stepping up the implementation of reforms and related public investments in the Member States, while keeping a level playing field within the internal market. The Facility should be comprehensive and should also benefit from the experience gained by the Commission and the Member States from the use of the other instruments and programmes.
Amendment 38 #
2020/0104(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to implement these overall objectives, relevant actions will be identified during the Facility’s preparation and implementation, and reassessed in the context of the relevant evaluations and review processes. Also, due attention should be paid to the impact of the national plans submitted under this Regulation on fostering not only the green transition, but also the digital transformation. They will both and supporting a solid SME and industrial strategy, that will play a priority role in relaunching and modernising our economy and keeping it competitive.
Amendment 45 #
2020/0104(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The Facility’s general objective should be the promotion of economic, social and territorial cohesion. For that purpose, it should contribute to improving the resilience and adjustment capacity of the Member States, mitigating the social and economic impact of the crisis, and supporting the green and digital transitions aimed at achieving a climate neutral Europe by 2050, thereby restoring the growth potential of the economies of the Union in the aftermath of the crisis, fostering employment creation and to, promoting sustainable growth and increasing European global competitiveness.
Amendment 48 #
2020/0104(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) To ensure its contribution to the objectives of the Facility, the recovery and resilience plan should comprise measures for the implementation of reforms and public investment projects through a coherent recovery and resilience plan. The recovery and resilience plan should be consistent with the relevant country- specific challenges and priorities identified in the context of the European Semester, with the national reform programmes, the national energy and climate plans, the just transition plans, and the partnership agreements and operational programmes adopted under the Union funds. To boost actions that fall within the priorities of the European Green Deal and, the Digital Agenda, the Industrial Strategy, the plan should also set out measures that are relevant for the green and digital transitions. The measures should enable a swift deliver of targets, objectives and contributions set out in national energy and climate plans and updates thereof. All supported activities should be pursued in full respect of the climate and environmental priorities of the Union.
Amendment 71 #
2020/0104(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
The scope of application of the Recovery and Resilience Facility established by this Regulation shall refer to policy areas related to economic, social and territorial cohesion, the green and digital transitiontransition, the digital transformation, critical infrastructures, health, competitiveness, resilience, productivity, education and skills, research and innovation, smart, sustainable and inclusive growth, jobs and investment, and the stability of the financial systems.
Amendment 122 #
2020/0104(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The recovery and resilience plans shall be consistent with the relevant country-specific challenges and priorities identified in the context of the European Semester, in particular those relevant for or resulting from the green and digital transitionthe policy areas listed under Article 3. The recovery and resilience plans shall also be consistent with the information included by the Member States in the national reform programmes under the European Semester, in their national energy and climate plans and updates thereof under the Regulation (EU)2018/199921 , in the territorial just transition plans under the Just Transition Fund22 , and in the partnership agreements and operational programmes under the Union funds. _________________ 21Regulation (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. 22 […]
Amendment 138 #
2020/0104(COD)
Proposal for a regulation
Article 15 – paragraph 3 – point b
Article 15 – paragraph 3 – point b
(b) an explanation of how the plan strengthens the growth potential, job creation and economic and social resilience of the Member State concerned, mitigates the economic and social impact of the crisis, with a specific focus on SMEs and microenterprises most affected by the crisis, and its contribution to enhance economic, social and territorial cohesion and convergence;
Amendment 146 #
2020/0104(COD)
Proposal for a regulation
Article 15 – paragraph 3 – point c
Article 15 – paragraph 3 – point c
(c) an explanation of how the measures in the plan are expected to contribute to the green and the digital transitions or to the challenges resulting from ithem;
Amendment 147 #
2020/0104(COD)
Proposal for a regulation
Article 15 – paragraph 3 – point c a (new)
Article 15 – paragraph 3 – point c a (new)
(c a) an explanation of how the measures in the plan are expected to contribute to the digital transformation, with a special focus on EU's industry, supporting research and deployment of technology, in areas such as artificial intelligence, 5G, data, or to the challenges resulting from it, as for instance upskilling and reskilling of workers;
Amendment 174 #
2020/0104(COD)
Proposal for a regulation
Article 16 – paragraph 3 – point b
Article 16 – paragraph 3 – point b
(b) whether the plan contains measures that effectively contribute to the green and the digital transitions or to addressing the challenges resulting from ithem;
Amendment 177 #
2020/0104(COD)
Proposal for a regulation
Article 16 – paragraph 3 – point b a (new)
Article 16 – paragraph 3 – point b a (new)
(b a) whether the plan contains measures that effectively contribute to the digital transformation or to addressing the challenges resulting from it;
Amendment 221 #
2020/0104(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. The recipients of Union funding shall acknowledge the origin and ensure the visibility of the Union funding, in particular when promoting the actions and their results, displaying the Union emblem together with the reference to the "Recovery and Resilience Facility" supporting the actions, both offline and online, and by providing coherent, effective and proportionate targeted information to multiple audiences, including the media and the public.
Amendment 224 #
2020/0104(COD)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. The Commission shall implement information and communication actions relating toin a user-friendly manner, in order to raise awareness among citizens, businesses, especially SMEs and public administrations about the financial resources provided through the instruments established by this Regulation, as well as its actions and its results. Financial resources allocated to the instruments established by this Regulation shall also contribute to the corporate communication of the political priorities of the Union, as far as they are related to the objectives referred to in Articles 4.
Amendment 296 #
2020/0104(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) The Facility should also be a tool to protect the Union's budget in the event of generalised deficiencies as regards the rule of law. In such a case, the Commission should adopt a decision by means of an implementing act to suspend the period for the adoption of decisions on proposals for recovery and resilience plans or to suspend payments under this Facility in accordance with Regulation [.../....] on the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States. The Commission should adopt a decision by means of an implementing act to lift the suspension of the period or of payments.
Amendment 300 #
2020/0104(COD)
Proposal for a regulation
Recital 13 b (new)
Recital 13 b (new)
(13b) It is essential that the legitimate interests of the final recipients and beneficiaries of the Facility are properly safeguarded from the suspension of payments in the event of a generalised deficiencies as regards the rule of law. In such case, the Commission should take over the responsibility of the management of the Facility. Such a tool in the Facility to protect the Union's budget in the event of generalised deficiencies as regards the rule of law should be aligned on any other tool pursuing the same objective in other EU legislation.
Amendment 578 #
2020/0104(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 a (new)
Article 2 – paragraph 1 – point 3 a (new)
3a. ‘Strategic autonomy’ is defined in relation to activities eligible for financing as part of the strategic European investment policy window under Article 7(5) of Regulation …/… [new InvestEU Regulation];
Amendment 629 #
2020/0104(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The general objective of the Recovery and Resilience Facility shall be to promote the Union’s economic, social and territorial cohesion by improving the resilience and adjustment capacity of the Member States and contributing to the Union’s strategic autonomy, mitigating the social and economic impact of the crisis, and supporting the green and digital transitions notably by implementing the European Pillar of Social Rights, and supporting the green and digital transitions, notably in achieving the Union’s updated 2030 climate targets and the objective of climate neutrality by 2050, thereby contributing to restoring the growth potential of the economies of the Union, fostering employment creation in the aftermath of the COVID-19 crisis, and promoting sustainable growth.
Amendment 672 #
2020/0104(COD)
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. The Recovery and Resilience Facility shall only support projects respecting the “do no significant harm” principle, as defined in Regulation (EU) 2020/852 on the establishment of a framework to facilitate sustainable investment. By means of a delegated act supplementing this Regulation, the Commission shall establish detailed rules for the application of the ‘do no significant harm’ to the Recovery and Resilience Facility using the criteria referred to in Regulation (EU) 2020/852 on the establishment of a framework to facilitate sustainable investment.
Amendment 737 #
2020/0104(COD)
Proposal for a regulation
Article 9 – title
Article 9 – title
Measures linking the Facility to sound economic governance and to the Union's climate, environment and social objectives
Amendment 746 #
2020/0104(COD)
Proposal for a regulation
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. The decision to suspend payments referred to in paragraph 1 shall not apply as long as the general escape clause of the Stability and Growth Pact is activated in accordance with Articles 5(1) and 9(1) of Regulation (EC) 1466/97, and as long as severe economic and social consequences of the COVID-19 pandemic persist.
Amendment 753 #
2020/0104(COD)
Proposal for a regulation
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2a. In the event of significant non- compliance with climate and environment objectives of the EU, in particular the achievement of the Union’s updated 2030 climate targets and the objective of climate neutrality by 2050, as well as with the European Pillar of Social Rights, the Commission shall adopt a decision by means of an delegated act, in accordance with Article 25a, to suspend all or part of the payments under the Facility.
Amendment 757 #
2020/0104(COD)
Proposal for a regulation
Article 9 – paragraph 2 b (new)
Article 9 – paragraph 2 b (new)
2b. The Commission shall keep the European Parliament informed of the implementation of this Article. In particular the Commission shall, when one of the conditions set out in paragraph 1 is fulfilled for a Member State, immediately inform the European Parliament and provide details of the payments which could be subject to a suspension of commitments or payments. The European Parliament may invite the Commission for a structured dialogue on the application of paragraph 1, having regard in particular to the transmission of the information referred to in the first sub-paragraph. The Commission shall not propose an implementing act referred to in the paragraph 1 unless the structured dialogue referred to in the second subparagraph is deemed completed in an official communication from the Parliament.
Amendment 760 #
2020/0104(COD)
Proposal for a regulation
Article 9 a (new)
Article 9 a (new)
Article 9a Measures linking the Facility to the protection of the Union budget in the case of generalised deficiencies as regards the rule of law 1. In the event of generalised deficiencies as regards the rule of law in a Member State affecting the principles of sound financial management or the protection of the financial interests of the Union, as defined in Article 3 of Regulation [.../....] on the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States, the Commission shall adopt a decision by means of an implementing act : (a) to suspend the time period for the adoption of the decisions referred to in Articles 17(1) and17(2) of this Regulation, or; (b) to suspend payments under the Facility. The decision to suspend payments referred to in the first subparagraph shall apply to payment applications submitted after the date of the decision to suspend. The suspension of the time period referred to in Article 17 shall apply from the day after the adoption of the decision referred to in the first subparagraph. In case of suspension of payments, under Article 4(3) of Regulation [.../....] on the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States shall apply. 2. The legitimate interests of the final recipients and beneficiaries of the Facility shall be properly safeguarded in the event of suspension of payment due to generalised deficiencies according to paragraph 1. When adopting such measures, the Commission shall take into account their potential impact on final recipients and beneficiaries. Where a suspension of payments affects the final recipients and beneficiaries, the Commission shall take the necessary measures to take over the responsibility of the management of the funds, and continue making the payments to them. Final recipients and beneficiaries shall be duly informed about the situation of generalised deficiencies by the responsible national authority. They shall also be provided with the adequate information, guidance and user-friendly tools, including via a website or an internet portal, to continue benefiting from the funds. 3. In the event of a positive assessment by the Commission in accordance with Article6 of Regulation [.../....] on the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States, the Commission shall adopt a decision by means of an implementing act to lift the suspension of the time period or of payments referred to in the previous paragraph. The relevant procedures or payments shall resume the day after the lifting of the suspension.
Amendment 866 #
2020/0104(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The recovery and resilience plans shall contribute to the Union's strategic autonomy and to the implementation of the UN's Sustainable Development Goals, and shall be consistent with the latest relevant country-specific challenges and priorities identified in the context of the latest European Semester, as well as challenges and priorities identified in the most recent Council recommendation on the economic policy of the euro area for Member States whose currency is the euro, in particular those relevant for or resulting from the green and digital transition and those relevant for the implementation of the European Pillar of Social Rights. The recovery and resilience plans shall also be consistent with the information included by the Member States in the national reform programmes under the European Semester, in their national energy and climate plans and updates thereof under the Regulation (EU)2018/199921 , in the territorial just transition plans under the Just Transition Fund22 , and in the partnership agreements and operational programmes under the Union funds. __________________ 21Regulation (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. 22 […]
Amendment 886 #
2020/0104(COD)
Proposal for a regulation
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
Amendment 918 #
2020/0104(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The recovery and resilience plan presented by the Member State concerned shall constitute an annex to its latest National Reform Programme, taking into account the most recent Council recommendation on the economic policy of the euro area for Member States whose currency is the euro, and shall be officially submitted at the latest by 30 April. A draft plan may be submitted by Member State starting from 15 October of the preceding year, together with the draft budget of the subsequent year.
Amendment 931 #
2020/0104(COD)
Proposal for a regulation
Article 15 – paragraph 3 – point a
Article 15 – paragraph 3 – point a
(a) an explanation of the way the relevant country-specific challenges and priorities identified in the context of the European Semester, and in the most recent Council recommendation on the economic policy of the euro area for Member States whose currency is the euro, are expected to be addressed;
Amendment 988 #
2020/0104(COD)
Proposal for a regulation
Article 15 – paragraph 3 – point c a (new)
Article 15 – paragraph 3 – point c a (new)
(ca) an explanation of how the measures in the plan are expected to contribute to the strengthening of the Union's strategic autonomy;
Amendment 996 #
2020/0104(COD)
Proposal for a regulation
Article 15 – paragraph 3 – point c b (new)
Article 15 – paragraph 3 – point c b (new)
(cb) an explanation of how the measures in the plan are expected to contribute the implementation of the UN Sustainable Development Goals and to the European Pillar of Social Rights;
Amendment 1002 #
2020/0104(COD)
Proposal for a regulation
Article 15 – paragraph 3 – point c c (new)
Article 15 – paragraph 3 – point c c (new)
(cc) an explanation of how the measures in the plan are expected to contribute to the climate and environmental objectives of the EU, in particular the achievement of the Union’s updated 2030 climate targets and the objective of climate neutrality by 2050;
Amendment 1007 #
2020/0104(COD)
Proposal for a regulation
Article 15 – paragraph 3 – point c d (new)
Article 15 – paragraph 3 – point c d (new)
(cd) a detailed explanation of how the measures are expected to ensure that at least 37 % of the amount requested for the recovery and resilience plan contribute to mainstreaming climate objectives based on the methodology provided by the Commission in accordance with Article 14(2a) and a demonstration of how they significantly decrease the national climate friendly investment gap;
Amendment 1099 #
2020/0104(COD)
Proposal for a regulation
Article 16 – paragraph 3 – point a
Article 16 – paragraph 3 – point a
(a) whether the recovery and resilience plan is expected to contribute to effectively address challenges identified in the latest relevant country-specific recommendations addressed to the Member State concerned or, challenges and priorities identified in the most recent Council recommendation on the economic policy of the euro area for Member States whose currency is the euro, and in other relevant documents officially adopted by the Commission in the European Semester;
Amendment 1132 #
2020/0104(COD)
Proposal for a regulation
Article 16 – paragraph 3 – point b a (new)
Article 16 – paragraph 3 – point b a (new)
(b a) whether the plan contains measures that effectively strengthen the Union's strategic autonomy;
Amendment 1138 #
2020/0104(COD)
Proposal for a regulation
Article 16 – paragraph 3 – point b b (new)
Article 16 – paragraph 3 – point b b (new)
(b b) whether the plan contains measures that effectively contribute to the implementation of the UN Sustainable Development Goals and to the European Pillar of Social Rights;
Amendment 1141 #
2020/0104(COD)
Proposal for a regulation
Article 16 – paragraph 3 – point b c (new)
Article 16 – paragraph 3 – point b c (new)
(b c) whether the plan contains measures that effectively contribute to the climate and environmental objectives of the EU, in particular to the achievement of the Union’s updated 2030 climate targets and the objective of climate neutrality by 2050;
Amendment 1144 #
2020/0104(COD)
Proposal for a regulation
Article 16 – paragraph 3 – point b d (new)
Article 16 – paragraph 3 – point b d (new)
(b d) whether the plan contains measures to ensure that at least 37% of the amount requested for the recovery and resilience plan contribute to mainstreaming climate objectives based on the methodology provided by the Commission in accordance with Article 14(2a) and a demonstration of how the measures significantly decrease the national climate friendly investment gap;
Amendment 1226 #
2020/0104(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. The Commission shall adopt a decision within fourtwo months of the official submission of the recovery and resilience plan by the Member State, by means of an implementing act. In the event that the Commission gives a positive assessment to a recovery and resilience plan, that decision shall set out the reforms and investment projects to be implemented by the Member State, including the milestones and targets, and the financial contribution allocated in accordance with Article 11.
Amendment 1292 #
2020/0104(COD)
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
5. Where the Commission gives a negative assessment to a recovery and resilience plan, it shall communicate a duly justified assessment within fourtwo months of the submission of the proposal by the Member State.
Amendment 1321 #
2020/0104(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Where the Commission considers that the reasons put forward by the Member State concerned justify an amendment of the relevant recovery and resilience plan, the Commission shall assess the new plan in accordance with the provisions of Article 16 and shall take a new decision in accordance with Article 17 within fourtwo months of the official submission of the request.
Amendment 1340 #
2020/0104(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. Payment of financial contributions to the Member State concerned under this Article shall be made in accordance with the budget appropriations and subject to the available funding. The Commission decisions referred to in this Article shall be adopted in accordance with the examination procedure referred to in Article 27(2)5a.
Amendment 1392 #
Amendment 1422 #
2020/0104(COD)
Proposal for a regulation
Article 21 a (new)
Article 21 a (new)
Article 21 a Discharge procedure Spending under the Facility shall be subject to the discharge procedure by the European Parliament.
Amendment 1481 #
2020/0104(COD)
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. For the purpose of the reporting on the activities referred to in paragraph 2, the Commission may use the content of the relevant documents officially adopted by the Commission under the latest European Semester as appropriate, as well as the most recent Council recommendation on the economic policy of the euro area for Member States whose currency is the euro.
Amendment 1499 #
2020/0104(COD)
Proposal for a regulation
Article 25 a (new)
Article 25 a (new)
Article 25 a Exercise of the delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 4, Article 14, and Article 19 shall be conferred on the Commission until 31 December 2027. 3. The delegation of power referred to in Article 4, Article 14, and Article 19 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Article 4, Article 14, and Article 19 shall enter into force if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 80 #
2020/0103(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The outbreak of the COVID-19 pandemic in early 2020 changed the economic and budgetary outlook for the years to come in the EU and in the world. In the Union, new priorities have emerged, linked with the crisis, specifically focussing on recovery and resilience. They require an urgent and coordinated response from the Union in order to cope with the economic and financial consequences for Member States as well to mitigate the social and economic fallouts. The current COVID-19 pandemic as well as the previous economic and financial crisis have shown that developing sound and resilient economies and financial systems built on strong economic and social structures helps Member States to respond more efficiently to shocks and recover more swiftly from them. GSustainable growth enhancing reforms and sustainable public and private investments to address structural weaknesses of the economies and strengthen their resilience will therefore be essential to set the economies and societies back on a sustainable recovery path and, overcome the economic, social, heath and territorial divergences in the Union. and therefore prevent the gap from widening ever further between Member States;.
Amendment 108 #
2020/0103(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Reflecting the European Green Deal as Europe’s growth strategy and the translation of the Union’s commitments to implement the Paris Agreement and the United Nations’ Sustainable Development Goals, the technical support instrument will contribute to mainstreaming climate actions and to the achievement of an overall target of 2530% of the EU budget expenditures supporting climate objectives and 10% of the Union budget supporting biodiversity objectives. Relevant actions should be identified during the instrument’s preparation and implementation, and reassessed in the context of the relevant evaluations and review processes. This should also tackle broader environmental and social challenges within the Union, including the protection of natural capital and the support to the circular economy and be in line with the 2030 Agenda for Sustainable Development.
Amendment 122 #
2020/0103(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The general objective of the technical support instrument should be to promote the Union’s economic, social and territorial cohesion by supporting Member States efforts to implement reforms necessary to achieve economic and social recovery, resilience and convergence. To that effect, it should support the strengthening of the institutional and administrative capacity of the Member States to implement Union law, in relation to challenges faced by institutions, governance, public administration, and economic and social sectors.
Amendment 132 #
2020/0103(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The specific objectives of the technical support instrument should be to assist national authorities in their endeavours to design, develop and implement reforms, including through exchange of good practices, in particular by providing experts appropriate processes and methodologies and a more effective and efficient human resources management.
Amendment 160 #
2020/0103(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) For the purposes of accountability, to guarantee the transparency and to ensure visibility of the Union action, subject to certain conditions that protect sensitive information, all the cooperation and support plans should be provided to the European Parliament and the Council and communication activities should be carried out by the Commission as appropriate. The Commission will publish on its website a complete and regularly updated list of the projects supported and for each of them the amount allocated;
Amendment 192 #
2020/0103(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) technical support’ means measures that help Member States to carry out institutional, administrative, structural and growth- sustaining and resilience-enhancing reforms;
Amendment 207 #
2020/0103(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
The general objective of the instrument shall be to promote the Union’s economic, social and territorial cohesion by supporting Member States efforts to implement reforms necessary to achieve economic and social recovery, resilience and upward economic and social convergence, and to support Member States’ efforts to strengthen their institutional and administrative capacity to implement Union law in relation to challenges faced by institutions, governance, public administration, and economic and social sectors.
Amendment 215 #
2020/0103(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
To achieve the general objective set out in Article 3, the instrument shall have the specific objectives of assisting national authorities in improving their capacity to design, develop and implement reforms, including through exchange of good practices, in particular the exchange of experts, appropriate processes and methodologies and a more effective and efficient human resources management. Those specific objectives shall be pursued in close cooperation with the Member States concerned.
Amendment 256 #
2020/0103(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) education and training, labour market policies, including social dialogue, for the creation of jobs, up- and re-skilling, in particular digital skills, media literacy, active citizenship, the fight against poverty and, excessive income inequality and discrimination, gender equality, the promotion of social inclusion, adequate and inclusive social security and social welfare systems, accessible and affordable public health for all and healthcare systems, as well as cohesion, asylum, migration and border policies;
Amendment 262 #
2020/0103(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) policies for implementing the digital and the green transitions, e- government solutions, e-procurement, connectivity, data access and governance, data protection, e-learning, use of Artificial Intelligence based solutions, the environmental pillar of sustainable development and environmental protection, climate action, mobility, promoting the circular economy, energy and resource efficiency, renewable energy sources, achieving energy diversification and ensuring energy security, and for the agricultural sector, soil and biodiversity protection, fisheries and the sustainable development of rural areas; and
Amendment 278 #
2020/0103(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The financial envelope for the instrument may also cover expenses pertaining to preparatory, monitoring, control, audit and evaluation activities, which are required for the management of the instrument and the achievement of its objectives, in particular studies, meetings of experts, information and communication actions, including corporate communication of the political priorities of the Union, in so far as they are related to the objectives of this Regulation, expenses linked to IT networks focusing on information processing and exchange, including corporate information technology tools, and all other technical and administrative assistance expenses incurred by the Commission for the management of the instrument. Expenses may also cover the costs of other supporting activities such as quality control and monitoring of technical support projects on the ground, in particular by sending experts, and the costs of peer counselling and experts for the assessment and implementation of structural reforms.
Amendment 318 #
2020/0103(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point j
Article 7 – paragraph 1 – point j
(j) any other relevant activity in support of the general and specific objectives set out in Articles 3 and 4, facilitating absorption capacity.
Amendment 340 #
2020/0103(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point d
Article 8 – paragraph 2 – point d
(d) the prepardevelopment and implementation of recovery and resilience plans pursuant to Regulation (EU) No YYY/XX and the implementation thereof undertaken by Member States;
Amendment 343 #
2020/0103(COD)
Proposal for a regulation
Article 8 – paragraph 3 – introductory part
Article 8 – paragraph 3 – introductory part
3. Taking into account the principles of transparency, equal treatment and sound financial management, and further to a dialogue with the Member State, including in the context of the European Semester, the Commission shall analyse the request for support referred to in paragraph 1 based on the urgency, breadth and depth of the problems identified, support needs in respect of the policy areas concerned, analysis of socioeconomic indicators and institutional and general administrative capacity of the Member State.
Amendment 359 #
2020/0103(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The Commission may engage in communication activities to ensure the visibility of the Union funding for the support measures envisaged in the cooperation and support plans, including through joint communication activities with the national authorities concerned. The Commission will publish on its website a complete and regularly updated list of the projects supported and for each of them the amounts allocated: It will regularly inform the European Parliament Liaison Offices (EPLOs) and the Europa Experience centres of these projects in the Member States concerned.
Amendment 362 #
2020/0103(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
Actions financed under the instrument may receive support from other Union programmes, instruments or funds under the Union's budget provided that such support does not cover the same costs and this in order to help a good absorption capacity of funds by Member States.
Amendment 374 #
2020/0103(COD)
Proposal for a regulation
Article 12 – paragraph 6 – introductory part
Article 12 – paragraph 6 – introductory part
6. In order to implement the technical support, the Commission shall adopt work programmes by way of implementingdelegated acts, and inform the European Parliament and the Council thereof.
Amendment 377 #
2020/0103(COD)
Proposal for a regulation
Article 12 – paragraph 7 – introductory part
Article 12 – paragraph 7 – introductory part
7. To ensure timely availability of resources, a limited part of the work programme shall be reserved for special measures in the event of unforeseen and duly justified grounds of urgency requiring an immediate response, including a serious disturbance in the economy or significant circumstances seriously affecting the economic or, social or health conditions in a Member State going beyond its control.
Amendment 400 #
2020/0103(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The Commission shall implement information and communication actions relating to the instrument, its actions and its results. Financial resources allocated to the instrument shall also contribute to the corporate communication of the political priorities of the Union, as far as they are related to the objectives referred to in Articles 3 and 4. The Commission will publish on its website a complete and regularly updated list of the projects supported and for each of them the amount allocated. It will regularly inform the European Parliament Liaison Offices (EPLOs) and Europa Experience centres of these projects in the Members States concerned.
Amendment 22 #
2020/0101(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) An additional exceptional amount of EUR 58 272 800 000 (in current prices) for budgetary commitment from the Structural Funds under the Investment for growth and jobs goal, for the years 2020, 2021 and 2022 should be made available to support Member States and regions most impacted in crisis repair in the context of the COVID-19 pandemic or preparing a green, digital and resilient recovery of the economy, with a view to deploying resources quickly to the real economy through the existing operational programmes. Resources for 2020 stem from an increase of EUR 5 billion in commitment appropriations in the resources available for economic, social and territorial cohesion in the multiannual financial framework for 2014-2020 whereas resources for 2021 and 2022 stem from the European Union Recovery Instrument. Part of the additional resources should be allocated to technical assistance at the initiative of the Commission. The Commission should set out the breakdown of the remaining additional resources for each Member State on the basis of an allocation method based on the latest available objective statistical data concerning Member States’ relative prosperity and the extent of the effect of the current crisis on their economies and societies. The allocation method should include a dedicated additional amount for the outermost regions given the specific vulnerability of their economies and societies. In order to reflect the evolving nature of the effects of the crisis, the breakdown should be revised in 2021 on the basis of the same allocation method using the latest statistical data available by 19 October 2021 to distribute the 2022 tranche of the additional resources.
Amendment 29 #
2020/0101(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Horizontal financial rules adopted by the European Parliament and the Council on the basis of Article 322 of the Treaty on the Functioning of the European Union apply to this Regulation. These rules are laid down in the Financial Regulation and determine in particular the procedure for establishing and implementing the budget through grants, procurement, prizes, indirect implementation, and provide for checks on the responsibility of financial actors. Rules adopted on the basis of Article 322 TFEU also concern the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States, as the respect for the rule of law is an essential precondition for sound financial management and effective EU funding. Furthermore, the flexibility of spending of the allocations under REACT-EU demands specific spending control that goes beyond the self-assessment by the Member States and needs therefore to be subjected to the oversight by the Commission, OLAF, EPPO and the Court of Auditors.
Amendment 34 #
2020/0101(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) In order to complement the actions already available under the scope of support of the ERDF, as extended by Regulations (EU) 2020/460 and (EU) 2020/558 of the European Parliament and of the Council5 , Member States should continue to be allowed to use the additional resources primarily for investments in products and services for health services, for providing support in the form of working capital or investment support to SMEs, in operations contributing to the transition towards a digital and green economy, infrastructure providing basic services to citizens or economic support measures for those regions most dependent on sectors most affected by the crisis. Technical assistancend administrative assistance in the implementation process should also be supported. It is appropriate that the additional resources are focused exclusively under the new thematic objective “Fostering crisis repair in the context of the COVID-19 pandemic and preparing a green, digital and resilient recovery of the economy”, which should also constitute a single investment priority, to allow for simplified programming and implementation of the additional resources. _________________ 5 Regulation (EU) 2020/460 of the European Parliament and of the Council of 30 March 2020 amending Regulations (EU) No 1301/2013, (EU) No 1303/2013 and (EU) No 508/2014 as regards specific measures to mobilise investments in the healthcare systems of Member States and in other sectors of their economies in response to the COVID-19 outbreak (Coronavirus Response Investment Initiative) (OJ L99, 31.3.2020, p. 5); Regulation (EU) 2020/558 of the European Parliament and of the Council of 23 April 2020 amending Regulations (EU) No 1301/2013 and (EU) No 1303/2013 as regards specific measures to provide exceptional flexibility for the use of the European Structural and Investments Funds in response to the COVID-19 outbreak, (OJ L 130, 23.4.2020, p. 1).
Amendment 35 #
2020/0101(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) In order to complement the actions already available under the scope of support of the ERDF, as extended by Regulations (EU) 2020/460 and (EU) 2020/558 of the European Parliament and of the Council5 , Member States should continue to be allowed to use the additional resources primarily for investments in products and services for health services, for providing support in the form of working capital or investment support to SMEs, in operations contributing to the transition towards a digital and green economy, infrastructure providing basic services to citizens or economic support measures for those regions most dependent on sectors most affected by the crisis. Technical assistancend administrative assistance in the implementation process should also be supported. It is appropriate that the additional resources are focused exclusively under the new thematic objective “Fostering crisis repair in the context of the COVID-19 pandemic and preparing a green, digital and resilient recovery of the economy”, which should also constitute a single investment priority, to allow for simplified programming and implementation of the additional resources. _________________ 5 Regulation (EU) 2020/460 of the European Parliament and of the Council of 30 March 2020 amending Regulations (EU) No 1301/2013, (EU) No 1303/2013 and (EU) No 508/2014 as regards specific measures to mobilise investments in the healthcare systems of Member States and in other sectors of their economies in response to the COVID-19 outbreak (Coronavirus Response Investment Initiative) (OJ L99, 31.3.2020, p. 5); Regulation (EU) 2020/558 of the European Parliament and of the Council of 23 April 2020 amending Regulations (EU) No 1301/2013 and (EU) No 1303/2013 as regards specific measures to provide exceptional flexibility for the use of the European Structural and Investments Funds in response to the COVID-19 outbreak, (OJ L 130, 23.4.2020, p. 1).
Amendment 44 #
2020/0101(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Member States should have the flexibility to allocate the additional resources to new dedicated operational programmes or new priority axes within existing programmes following the consultation with regional and local authorities. In order to allow quick implementation, only already designated authorities of existing operational programmes supported by the ERDF, the ESF, or the Cohesion Fund are allowed to be identified for new dedicated operational programmes. An ex ante evaluation by the Member States should not be required and the elements required for the submission of the operational programme to the Commission’s approval should be limited.
Amendment 53 #
2020/0101(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) With a view to allow the targeting of these additional resources to the geographic areas where they are most needed, as an exceptional measure and without prejudice to the general rules for allocating Structural Funds resources, the additional resources allocated to the ERDF and the ESF are not to be broken down per category of region. However, Member States are expected to take into account the different regional needs and development levels in order to ensure that focus is maintained on less developed regions, in accordance with the objectives of economic, social and territorial cohesion set out in Article 173 TFEU. Member States should also involve local and regional authorities, as well as relevant bodies representing civil society, in accordance with the partnership principles. In its assessment of the REACT-EU implementation, the Commission will evaluate the level of coordination between national authorities and local and regional authorities in defining the scope and the amount of assistance requested under REACT-EU.
Amendment 73 #
2020/0101(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 1303/2013
Article 92 b – paragraph 5 – subparagraph 6
Article 92 b – paragraph 5 – subparagraph 6
Each Member State shall allocate the additional resources available for programming under the ERDF and the ESF to operational programmes following the consultation with regional and local authorities.
Amendment 74 #
2020/0101(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 1303/2013
Article 92 b – paragraph 5 – subparagraph 7
Article 92 b – paragraph 5 – subparagraph 7
By way of derogation from Article 92(7), a shparet of the additional resources may also be proposed toshall be used to increase the support for the Fund for European Aid to the Most Deprived (‘FEAD’) before or at the same time as the allocation to the ERDF and the ESF. This part shall represent at least 3% of the additional resources in order to guarantee a vital amount in favour of the most deprived people, hardly hit by the COVID- 19 crisis.
Amendment 83 #
2020/0101(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 1303/2013
Article 92 b – paragraph 10 – subparagraph 3
Article 92 b – paragraph 10 – subparagraph 3
Where such a new operational programme is established, only authorities designated under on-going operational programmes supported by the ERDF, the ESF and the Cohesion Fund may be identified by the Member States for the purposes of point (a) of Article 96(5) following the consultation with regional and local authorities.
Amendment 25 #
2020/0100(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The Commission adopted a Communication on the European Green Deal on 11 December 20199 , drawing its roadmap towards a new growth policy for Europe and setting ambitious objectives to counter climate change and for environmental protection. In line with the objective tof achieveing the Union`s 2030 targets for climate and energy and climate neutrality in the Union by 2050 in an effective and fair manner, the European Green Deal announced a Just Transition Mechanism to provide means for facing the climate challenge while leaving no one behind. The most vulnerable regions and people are the most exposed to the harmful effects of climate change and environmental degradation. At the same time, managing the transition requires significant structural changes. _________________ 9 COM(2019) 640 final.
Amendment 30 #
2020/0100(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) In order to enhance the economic diversification of territories impacted by the transition, the Facility should cover a wide range of investments, on condition that they contribute to meet the development needs in the transition towards the Union’s 2030 targets for climate and energy and a climate neutral economy in the Union by 2050, as described in the territorial just transition plans. The investments supported may cover energy and transport infrastructure, district heating networks, green mobilitycover clean technology and infrastructure including renewable energy and the decarbonisation of the transport infrastructure, district heating networks, green and sustainable mobility, investments in research and innovation activities, including in universities and public research institutions, fostering the transfer of advanced and market-ready technologies, investments in digitalisation, digital innovation and digital connectivity, including digital and precision farming, smart waste management, clean energy and energy efficiency measures including renovations and conversions of buildings, support to transition to a circular economy, land restoration and decontamination, unless falling under the scope of liabilities for environmental damage in accordance with the polluter pays principle referred to in Article 191 TFEU as well as up- and re- skilling, training and social infrastructure, including social housing. Infrastructure developments may also include solutions leading to their enhanced resilience to withstand disasters. Comprehensive investment approach should be favoured in particular for territories with important transition needs. Investments in other sectors could also be supported if they are consistent with the adopted territorial just transition plans. By supporting investments that do not generate sufficient revenues, the Facility aims at providing public sector entities with additional resources necessary to address the social, economic and environmental challenges resulting from the adjustment to climate transition. In order to help identify investments with a high positive environmental impact eligible under the Facility, the EU taxonomy on environmentally sustainable economic activities may be used.
Amendment 42 #
2020/0100(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Specific eligibility conditions and award criteria, in case demand exceeds funding resources under national allocations, should be set out in the work programme and the call for proposals. Those eligibility conditions and awardprioritisation criteria should take into account the relevance of the project in the context of thet criteria established by Regulation (EU) .../... of the European Parliament and the Council [Regulation on establishment of a framework to facilitate sustainable investment], the ability of the project to meet the objectives and development needs described in the territorial just transition plans, the contribution to the climate transition, the overall objective of promoting regional and territorial convergence and the significance of the grant component for the viability of the project. Union Support established by this Regulation should thus only be made available to Member States with at least one territorial just transition plan adopted. The work programme and calls for proposals will also take into account the territorial just transition plans submitted by Member States to ensure that coherence and consistency across the different pillars of the mechanism is ensured.
Amendment 63 #
2020/0100(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The general objective of the Facility is to address serious socio- economic challenges deriving from the transition process towards a climate-neutral economy for the benefit of the Union territories identified in the territorial just transition plans prepared by the Member States in accordance with Article 7 of Regulation [JTF Regulation] and to contribute to the EU policy objectives, in particular the Union’s 2030 targets for climate and energy and the transition towards a climate-neutral economy in the Union by 2050, in line with Paris Agreement objectives and responding to the need to strengthen competitiveness.
Amendment 70 #
2020/0100(COD)
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Without prejudice to additional resources allocated in the Union budget for the period 2021-2027, the grant component ofand the advisory support provided under this Facility shall be financed from:
Amendment 83 #
2020/0100(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) the projects achieve measurable impact in addressing serious social, economic or environmental challenges deriving from the transition process towards a climate-neutral economy and benefitthe Union’s 2030 targets for climate and energy and a climate-neutral economy in the Union by 2050 and contribute to the objectives and needs of the territories identified in a territorial just transition plan, even if they are not located in those territories;
Amendment 87 #
2020/0100(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point a a (new)
Article 8 – paragraph 1 – point a a (new)
(a a) By derogation from paragraph 1(b), projects receiving Union support under the Facility may also receive advisory and technical assistance support for their preparation, development and implementation from other Union programmes.
Amendment 110 #
2020/0100(COD)
Proposal for a regulation
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2 a. The evaluation shall also analyse how the Union support provided under the Facility has contributed to meeting the EU sustainability policy objectives, in particular the Union’s 2030targets for climate and energy and the transition towards a climate-neutral economy in the Union by 2050.
Amendment 17 #
2020/0097(COD)
Proposal for a decision
Recital 5
Recital 5
(5) In order to be better prepared when confronted with such events in the future, urgent action is required for reinforcing the Union Mechanism. The reinforcement of the Union Mechanism complements and does not substitute the mainstreaming of the principle of disaster resilience into all Union policies and Funds.
Amendment 23 #
2020/0097(COD)
Proposal for a decision
Recital 6 b (new)
Recital 6 b (new)
(6b) In order to ensure an efficient disaster prevention, stress tests and a process for certification of the response capacities should be considered as key elements. Regular risk assessments at regional and local level are necessary so that national authorities can take measures to reinforce resilience where necessary, including by using the existing Union funds. Such risk assessments should focus on the specificities of regions, such as seismic activity, frequent floods or forest fires. Those assessments should also include the level of cross- border cooperation in order for the Union Mechanism to have detailed information on locally available capacities for a more targeted intervention.
Amendment 31 #
2020/0097(COD)
Proposal for a decision
Recital 10
Recital 10
(10) In order to have the operational capacity to respond swiftly to a large-scale emergency or to a low probability event with a high impact such as the COVID-19 pandemic, the Union should have the possibility of acquiring, renting, leasing or contracting rescEU capacities to be able to assist Member States overwhelmed by large-scale emergencies, in line with the supporting competence in the area of civil protection and with a particular attention to vulnerable people. Those capacities are to be pre-positioned in logistical hubs inside the Union or, for strategic reasons, via trusted networks of hubs such as the UN Humanitarian Response Depots. Taking advantage of its close engagement with the authorities of Member States, the Union Mechanism should be used to collect information on the national capacities available in the Member States where the hubs are hosted and assess the preparedness of national crisis systems and civil protection authorities, so as to be able to issue concrete country-specific improvement recommendations based on collected data.
Amendment 36 #
2020/0097(COD)
Proposal for a decision
Recital 16
Recital 16
(16) Given that the deployment of rescEU capacities for response operations under the Union Mechanism provides significant Union added value by ensuring an effective and fast response to people in emergencies, further visibility obligations should be made to provide Union prominence. National authorities should receive communication guidelines from the Commission for each particular intervention to ensure that the Union's role is adequately represented.
Amendment 44 #
2020/0097(COD)
Proposal for a decision
Recital 23
Recital 23
(23) While prevention and preparedness measures are essential to enhance the robustness of the Union in facing natural and man-made disasters, the occurrence, timing and magnitude of disasters is by its nature unpredictable. As shown in the recent COVID-19 crisis, financial resources requested to ensure an adequate response may significantly vary from year to year and should be made available immediately. Reconciling the principle of predictability with the need to react rapidly to new needs consequently means adapting the financial implementation of the programmes. Consequently, it is appropriate to authorise carry-over of unused appropriations, limited to the following year and solely devoted to prevention, preparedness and response actions, in addition to Article 12(4) of the Financial Regulation.
Amendment 46 #
2020/0097(COD)
Proposal for a decision
Article 1 – paragraph 1 – point 2 – point c
Article 1 – paragraph 1 – point 2 – point c
Decision No 1313/2013/EU
Article 6 – paragraph 5 (new)
Article 6 – paragraph 5 (new)
5. The Commission shall define Union disaster resilience goals to support prevention and preparedness actions. Disaster resilience goals shall ensure a common baseline for maintaining critical societal functions in the face of cascading effects of a high impact disaster and for ensuring the functioning of the internal market. The goals shall be based on forward looking scenarios, including the impacts of climate change on disaster risk, data on past events and cross-sectoral impact analysis with a particular attention to vulnerable people. In the elaboration of disaster resilience goals, the Commission shall specifically focus on recurrent disasters that hit Member States' regions and suggest to national authorities concrete measures, including those to be implemented with the use of EU funds, to strengthen the resilience to crises.
Amendment 49 #
2020/0097(COD)
Proposal for a decision
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Decision No 1313/2013/EU
Article 7 – paragraph 1
Article 7 – paragraph 1
The ERCC shall in particular coordinate, monitor and support in real-time the response to emergencies at Union level. The ERCC shall work in close contact with national crisis systems, civil protection authorities, community-level voluntary groups and relevant Union bodies.
Amendment 50 #
2020/0097(COD)
- to provide technical training assistance to local communities for enhancing their capacities for the first independent reaction to a crisis;
Amendment 52 #
2020/0097(COD)
Proposal for a decision
Article 1 – paragraph 1 – point 8 – point a
Article 1 – paragraph 1 – point 8 – point a
Decision No 1313/2013/EU
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The Commission shall define, by means of implementing acts adopted in accordance with the examination procedure referred to in Article 33(2), the capacities rescEU shall consist of, based on the resilience goals referred to in Article 6(5), scenario-building as referred to in Article 10(1), taking into account identified and emerging risks and overall capacities and gaps at Union level, in particular in the areas of aerial forest fire fighting, seismic, chemical, biological, radiological and nuclear incidents, and emergency medical response. Information on the number and classification of rescEU capacities will be regularly updated by the Commission and made directly available to other EU institutions.
Amendment 55 #
2020/0097(COD)
Proposal for a decision
Article 1 – paragraph 1 – point 8 – point b
Article 1 – paragraph 1 – point 8 – point b
Decision No 1313/2013/EU
Article 12 – paragraph 10 – subparagraph 1
Article 12 – paragraph 10 – subparagraph 1
rescEU capacities may be deployed outside the Union in accordance with paragraphs 6 to 9 of this Article. Specific provisions shall to be put in place to guarantee accountability and the correct use of rescEU capacities in third countries, including the possibility for access by EU controlling officers. Visibility of the Union Mechanism in third countries shall be ensured in line with paragraphs 1 and 2 of Article 20a of this Decision.;
Amendment 58 #
2020/0097(COD)
Proposal for a decision
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Decision No 1313/2013/EU
Article 20 a – paragraph 1 – subparagraph 2
Article 20 a – paragraph 1 – subparagraph 2
Any assistance or funding provided under this Decision shall be given appropriate visibility in line with the specific guidelines issued by the Commission for concrete interventions. In particular, Member States shall ensure that public communication for operations funded under the Union Mechanism:
Amendment 60 #
2020/0097(COD)
Proposal for a decision
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Decision No 1313/2013/EU
Article 25 – paragraph 5
Article 25 – paragraph 5
5. In addition to Article 12(4) of the Financial Regulation, commitment and payment appropriations, which have not been used by the end of the financial year for which they were entered in the annual budget shall be automatically carried over and may be committed and paid up to 31 December of the following year. The carried-over appropriations shall be used solely forfor prevention, preparedness and response actions. The carried- over appropriations shall be used first in the following financial year.
Amendment 176 #
2020/0036(COD)
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) The climate footprint of the Union's consumption is an essential tool to develop to improve the overall consistency of the Union's climate objectives.
Amendment 178 #
2020/0036(COD)
Proposal for a regulation
Recital 23 b (new)
Recital 23 b (new)
(23b) A fully efficient Union's climate policy should address carbon leakage and develop the appropriate tools, such as a Carbon Border Adjustment Mechanism, to cope with it and protect our standards and the frontrunners of our industries.
Amendment 221 #
2020/0036(COD)
Proposal for a regulation
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
3a. The Commission shall design by 30 June 2021 an indicator to monitor the evolution of the reduction of the Union’s climate footprint on the basis of data provided by the European Environment Agency. By 30 June 2023, the Commission shall assess the Union's climate footprint and bring forward proposals to reduce it such that by 2030 it is consistent with the temperature goals of the Paris Agreement.
Amendment 421 #
2020/0036(COD)
Proposal for a regulation
Article 5 – paragraph 4 b (new)
Article 5 – paragraph 4 b (new)
4 b. Where the Commission makes recommendations to the Council regarding the authorisation to open trade negotiations under Article 207 TFEU, the Commission shall include provisions to make the Paris Agreement an essential element of all future trade and investment agreements. The Commission shall demonstrate that the agreement with third parties does not conflict with the objectives set out in Article 2(1) and 2(3) before concluding it.
Amendment 14 #
2020/0006(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) In order to be successful, the transition has to be fair and socially acceptable for all. Therefore, both the Union and the Member States must take into account its economic, environmental and social implications from the outset, and deploy all possible instruments to mitigate adverse consequences; ensuring that investments are channelled towards economic activities that make the greatest positive environmental impact and provide local economies with a viable long-term vision and future-proof employment prospects. The Union budget has an important role in that regard.
Amendment 24 #
2020/0006(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) In view of the importance of tackling climate change in line with the Union’s commitments to implement the Paris Agreement, the commitment regarding the United Nations Sustainable Development Goals and the increased ambition of the Union as proposed in the European Green Deal, the JTF should provide a key contribution to mainstream climate actions. Resources from the JTF own envelope are additional and come on top of the investments needed to achieve the overall target of 25% of the Union budget expenditure contributing to climate objectives. Resources transferred from the ERDF and ESF+ will contribute fully to the achievement of this targetIn light of COVID 19 pandemic, taking into account the big impact on the economies of the Member States, the next MFF and the Recovery Plan for Europe should also entail an increase in the amount allocated for JTF and new allocation method adapted to the new framework and accordingly to the new modifications; stresses that such an increase would demonstrate the EU's commitment to achieve economic recovery in a sustainable development path.
Amendment 28 #
2020/0006(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) In view of the importance of tackling climate change in line with the Union’s commitments to implement the Paris Agreement, the commitment regarding the United Nations Sustainable Development Goals and the increased ambition of the Union as proposed in the European Green Deal, the JTF should provide a key contribution to mainstream climate actions. Resources from the JTF own envelope are additional and come on top of the investments needed to achieve the overall target of 25% of the Union budget expenditure contributing to climate objectives. Resources transferred from the ERDF and ESF+ will contribute fully to the achievement of this target.
Amendment 36 #
2020/0006(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The resources from the JTF should be complementary to the resources available under cohesion policy., without prejudice to other objectives of cohesion policy and financial allocations programmed for other goals under the ERDF and ESF+;
Amendment 52 #
2020/0006(COD)
Proposal for a regulation
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular the third paragraph of Article 175, 192 (1), 194 (1) and 194 (2) thereof,
Amendment 63 #
2020/0006(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The transition to a climate-neutral and circular economy constitutes one of the most important policy objectives for the Union. On 12 December 2019, the European Council endorsed the objective of achieving a climate-neutral Union by 2050, in line with the objectives of the Paris Agreement. While fighting climate change and environmental degradation will benefit all in the long term and provides opportunities and challenges for all in the medium term, not all regions and Member States start their transition from the same point or have the same capacity to respond. Some are more advanced than others, whereas the transition entails a wider social and economic impact for those regions that rely heavily on fossil fuels - especially coal, lignite, peat and oil shale - or greenhouse gas intensive industries or industries with products that are impacted by the transition to EU climate neutrality. Such a situation not only creates the risk of a variable speed transition in the Union as regards climate action, but also of growing disparities between regions, detrimental to the objectives of social, economic and territorial cohesion.
Amendment 67 #
2020/0006(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) In order to be successful, the transition has to be fair and socially acceptable for all. Therefore, both the Union and the Member States must take into account its economic, environmental, and social implications from the outset, and deploy all possible instruments to mitigate adverse consequences. TAdditionally, they should ensure that investments are channelled towards economic activities that make the greatest positive environmental impact and provide local economies with a viable long-term vision and future-proof employment prospects. The conditionalities of the Union budget hasve an important role in that regard.
Amendment 72 #
2020/0006(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) In order to provide flexibility for the programming of the JTF resources under the Investment for jobs and growth goal, it should be possible to prepare a self- standing JTF programme or to programme JTF resources in one or more dedicated priorities within a programme supported by the European Regional Development Fund (‘ERDF’), the European Social Fund Plus (‘ESF+’) or the Cohesion Fund. In accordance with Article 21a of Regulation (EU) [new CPR], JTF resources should be reinforced with complementary funding from the ERDF and the ESF+. The respective amounts transferred from the ERDF and the ESF+ should be consistent with the type of operations set out in the territorial just transition plans.
Amendment 75 #
2020/0006(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) In order to provide flexibility for the programming of the JTF resources under the Investment for jobs and growth goal, it should be possible to prepare a self- standing JTF programme or to programme JTF resources in one or more dedicated priorities within a programme supported by the European Regional Development Fund (‘ERDF’), the European Social Fund Plus (‘ESF+’) or the Cohesion Fund. In accordance with Article 21a of Regulation (EU) [new CPR], JTF resources shouldcan be reinforced with complementary funding from the ERDF and the ESF+ where such complementarity is justified and does not prejudice the achievement on the local level of the objectives for which ERDF and the ESF+ are allocated. The respective amounts transferred from the ERDF and the ESF+ should be consistent with the type of operations set out in the territorial just transition plans.
Amendment 77 #
2020/0006(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) As set out in the European Green Deal and the Sustainable Europe Investment Plan, a Just Transition Mechanism should complement the other actions under the next multi-annual financial framework for the period from 2021 to 2027. It should contribute to addressing the social and economic consequences of transitioning towards Union climate neutrality by 2050 by bringing together the Union budget’s spending on climate and social objectives at regional level.
Amendment 82 #
2020/0006(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) This Regulation establishes the Just Transition Fund (‘JTF’) which is one of the pillars of the Just Transition Mechanism implemented under cohesion policy. The aim of the JTF is to mitigate the adverse effects of the climate transition by supporting the most affected territories and workers concerned, and by laying down the foundations for the transition towards climate neutrality and creating new employment opportunities for those affected by this transition. In line with the JTF specific objective, actions supported by the JTF should directly contribute to alleviate the impact of the transition by financing the diversification and modernisation of the local economy and by mitigating the negative repercussions on employment. This is reflected in the JTF specific objective, which is established at the same level and listed together with the policy objectives set out in Article [4] of Regulation EU [new CPR].
Amendment 88 #
2020/0006(COD)
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) All Member States should endorse the EU's objective of climate neutrality by 2050 in order to make the ecological transition a success. Member States that have not committed to implement this objective yet should only get a partial access to their national allocation under the JTF, until they do so. In such a case, regions in these Member States that commit to implement this objective should be favoured.
Amendment 91 #
2020/0006(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) The territorial just transition plans should identify the territories most negatively affected, where JTF support should be concentrated and describe specific actions to be undertaken to reach a climate-neutral economy, enhance employment and prevent environmental degradation, notably as regards the conversion or closure of facilities involving fossil fuel production or other greenhouse gas intensive activities. Those territories should be precisely defined and correspond to NUTS level 3 regions or should be parts thereofan be part of or correspond to larger units such as NUTS level 3 regions. The plans should detail the challenges and needs of those territories and identify the type of operations needed in a manner that ensures the coherent development of climate- resilient economic activities that are also consistent with the transition to climate- neutrality and the objectives of the Green Deal. Only investments in accordance with the transition plans should receive financial support from the JTF. The territorial just transition plans should be part of the programmes (supported by the ERDF, the ESF+, the Cohesion Fund or the JTF, as the case may be) which are approved by the Commission.
Amendment 91 #
2020/0006(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) The JTF cannot aggravate existing inequalities among Member States nor weaken the Single Market.
Amendment 95 #
2020/0006(COD)
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) The Commission should provide if requested by the Member States a technical assistance, in case they don’t have the necessary administrative capacity or are facing difficulties in elaborating the territorial just transition plans.
Amendment 98 #
2020/0006(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) In order to enhance the result orientationsure intended results of the use of JTF resources, the Commission, in line with the principle of proportionality, should be able to apply financial corrections in case of serious underachievement of targets established for the JTF specific objective.
Amendment 104 #
2020/0006(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The resources from the JTF should complement the resources available under cohesion policy without cutting into the ERDF and ESF+ budget.
Amendment 107 #
2020/0006(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
In accordance with the second subparagraph of Article [4(1)] of Regulation (EU) [new CPR], the JTF shall contribute to the single specific objective ‘enabling regions and people to address the social, economic and environmental impacts of the transition towards a climate- neutral economy’. The investments should aim at mitigating job losses resulting from the transition, by supporting the reconversion and the creation of new jobs.
Amendment 109 #
2020/0006(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) Only those Member States shall be eligible for support from the JTF that committed to the Union's 2050 climate neutrality target.
Amendment 111 #
2020/0006(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Transitioning to a climate-neutral economy is a challenge for all Member States. It will be particularly demanding for those Member States and certain regions within those Member States that rely heavily on fossil fuels or greenhouse gas intensive industrial activities or industries with products that are impacted by the transition to EU climate neutrality, which need to be phased out or which need to adapt due to the transition towards climate neutrality and that lack the financial means to do so. The JTF should therefore cover all Member States, but the distribution of its financial means should reflect the capacity of Member States, at the same time leading to an increased risk of energy poverty. The JTF should therefore cover all Member States committed to the Union's 2050 climate neutrality target, but the distribution of its financial means should reflect the capacity starting position of Member States in the energy transition process as well as their capacity to finance the necessary investments to cope with the transition towards EU climate neutrality by 2050.
Amendment 117 #
2020/0006(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1
Article 3 – paragraph 2 – subparagraph 1
The resources for the JTF under the Investment for jobs and growth goal available for budgetary commitment for the period 2021-2027 shall be EUR 7.530 billion in 2018 prices, which may be increased, as the case may be, by additional resources allocated in the Union budget, and by other resources in accordance with the applicable basic act.
Amendment 119 #
2020/0006(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 3
Article 3 – paragraph 2 – subparagraph 3
Amendment 119 #
2020/0006(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) With the aim for a fair and sustainable transition that ensures the achievement and effectiveness of the objectives set by this regulation, the allocation of the resources should also take into account the results achieved by Member States with regard to the 2020 targets for GHG emissions reductions, renewable energy and energy efficiency. In this way, the JTF should not penalize Member States that have already invested and are in line with reaching the established objectives.
Amendment 122 #
2020/0006(COD)
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
Amendment 127 #
2020/0006(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) This Regulation identifies types of investments for which expenditure may be supported by the JTF. All supported activities should be pursued in full respect of the climate and environmental prioriobjectives of the Union, including the Paris Agreement and should be in line with the EU Taxonomy for Sustainable Finance. The list of investments should include those that support local economies and are sustainable in the long- term, taking into account all the objectives of the Green Deal. The projects financed should contribute to aprimarily focus on mitigating negative economic, environmental, and social impacts of the transition to a climate- neutral and circular economy, while taking into account economic, social, and energy characteristics of each Member State. For declining sectors, such as energy production based on coal, lignite, peat and oil shale or extraction activities for these solid fossil fuels, support should be linked to the phasing out of the activity and the corresponding reduction in the employment level. As regards transforming sectors with high greenhouse gas emission levels, support should promote new activities through the deployment of new technologies, new processes or products, leading to significant emission reduction, in line with the EU 2030 climate objectives and EU climate neutrality by 205013 as well as with the Paris Agreement, while maintaining and enhancing employment and avoiding environmental degradation. Particular attention should also be given to activities enhancing innovation and research in advanced and sustainable technologies, as well as in the fields of digitalisation and, connectivity, and smart mobility, provided that such measures help mitigate the negative side effects of a transition towards, and contribute to, a climate- neutral and circular economy. __________________ 13 As set out in “A Clean Planet for all European strategic long-term vision for a prosperous, modern, competitive and climate neutral economy”, Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee, the Committee of the Regions and the European Investment Bank - COM(2018) 773 final.
Amendment 137 #
2020/0006(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) Many sectors other than the energy sector will undergo serious transformation with significant implications to their labour force. The automotive and vehicle production industries will be one of those hit hardest by the transition. In order to avoid significant work loss as a result of decreased or disrupted production, regions which depend heavily on the automotive industry should be eligible for JTF resources. While Europe is stepping up efforts to manufacture batteries locally as well as manufacturing low-pollution vehicles, the re-skilling and upskilling of automotive industry workers should go hand-in-hand with investment into transforming the automotive sector. As the share of automotive employment in the manufacturing sector is above 20%, in more than 14 regions across the EU, this would ensure that regions that are overdependent on the automotive industry are safeguarded in the increasingly likely event of a decline in the sector.
Amendment 142 #
2020/0006(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) To protect citizens who are most vulnerable to the climate transition, the JTF should also cover the up-skilling and reskilling of the affected workers, focusing on skills and qualifications that are compatible with the transition to a sustainable and digital economy, with the aim of helping them to adapt to new employment opportunities, as well as providing job-search assistance to jobseekers and their active inclusion into the labour market.
Amendment 150 #
2020/0006(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to enhance the economic diversification and modernisation of territories impacted by the transition, the JTF should provide support to productive investment in SMEs. Productive investment should be understood as investment in fixed capital or immaterial assets of enterprises in view of producing goods and services thereby contributing to gross-capital formation and employment. In this regard, particular attention should be paid to SMEs operating in regions with higher unemployment rates. For enterprises other than SMEs, productive investments should only be supported if they are necessary for mitigating job losses resulting from the transition, by creating or protecting a significant number of jobs and they do not lead to or result from relocation. Investments in existing industrial facilities, including those covered by the Union Emissions Trading System, should be allowed if they contribute to the transition to a climate- neutral economy by 2050 and go substantially below the relevant benchmarks established for free allocation under Directive 2003/87/EC of the European Parliament and of the Council14 and if they result in the protection of a significant number of jobs. Any such investment should be justified accordingly in the relevant territorial just transition plan. In order to protect the integrity of the internal market and cohesion policy, support to undertakings should comply with Union State aid rules as set out in Articles 107 and 108 TFEU and, in particular, support to productive investments by enterprises other than SMEs should be limited to enterprises located in areas designated as assisted areas for the purposes of points (a) and (c) of Article 107(3) TFEU. All investments shall be made without prejudice to the energy efficiency first and polluter pays principles. __________________ 14Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32).
Amendment 172 #
2020/0006(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The JTF support should be conditional on the effective implementation of a transition process in a specific territory in order to achieve a climate-neutral economy. In that regard, Member States should prepare, in cooperation with the relevant stakeholders and supported by the Commission, territorial just transition plans, detailing the transition process, and its implementation, monitoring, and evaluation, consistently with their National Energy and Climate Plans. To this end, the Commission should set up a Just Transition Platform, which would build on the existing platform for coal regions in transition to enable bilateral and multilateral exchanges of experience on lessons learnt and best practices across all affected sectors.
Amendment 177 #
2020/0006(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) The territorial just transition plans should, after a thorough consultation process with local authorities and representatives, identify the territories most negatively affected, where JTF support should be concentrated and describe specific actions to be undertaken to reach aminimise the negative social impact while contributing to EU climate-neutral economy by 2050, notably as regards the conversion, modernisation, or closure of facilities involving fossil fuel production or other greenhouse gas intensive activities. or industries with products that are impacted by the transition to EU climate neutrality. Those territories should be precisely defined and correspond to NUTS level 3 regions or should be parts thereof. The plans should detail the challenges and needs of those territories and identify the type of operations needed in a manner that ensures the coherent development of climate-resilient economic activities that are also consistent with the transition to climate-neutrality and the objectives of the Green Deal. Only investments in accordance with the transition plans should receive financial support from the JTF. The territorial just transition plans should be part of the programmes (supported by the ERDF, the ESF+, the Cohesion Fund or the JTF, as the case may be) which are approved and monitored by the Commission.
Amendment 184 #
2020/0006(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 2 a (new)
Article 6 – paragraph 1 – subparagraph 2 a (new)
For Member States that have not yet committed to the EU's objective of climate neutrality by 2050, access to the Just Transition Fund will be limited to 50% of their national allocation ("not frozen part"), the other 50% being made available upon the acceptance of such a commitment ("frozen part"). In such a case, regions that commit to implement this objective should get access in priority to the not frozen part of the national allocation.
Amendment 185 #
2020/0006(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 192 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall prepare, together with the relevant authorities of the territories concerned, one or more territorial just transition plans covering one or more affected territories, which can be part of or correspond to larger levels such as corresponding to level 3 of the common classification of territorial units for statistics (‘NUTS level 3 regions’) as established by Regulation (EC) No 1059/2003 of the European Parliament and of the Council as amended by Commission Regulation (EC) No 868/201417 or parts thereof, in accordance with the template set out in Annex II. Those territories shall be those most negatively affected based on the economic and social impacts resulting from the transition, in particular with regard to expected job losses in fossil fuel production and use and the transformation needs of the production processes of industrial facilities with the highest greenhouse gas intensity. Technical assistance should be provided by the Commission at the demand of the Member States for the elaboration of the territorial just transition plans. _________________ 17Regulation (EC) No 1059/2003 of the European Parliament and of the Council of 26 May 2003 on the establishment of a common classification of territorial units for statistics (NUTS) (OJ L 154 21.6.2003, p. 1).
Amendment 201 #
2020/0006(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes the Just Transition Fund (‘JTF’) to provide support to territories or economic activities facing serious socio-economic challenges deriving from the transition process towards a climate-neutral economy of the Union by 2050 and the Union's 2030 target.
Amendment 203 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The preparation and implementation of territorial just transition plans shall involve theall relevant partners in accordance with Article [6] of Regulation (EU) [new CPR].
Amendment 214 #
2020/0006(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
In accordance with the second subparagraph of Article [4(1)] of Regulation (EU) [new CPR], the JTF shall contribute to the single specific objective ‘enabling regions, economic operators and people to address the social, economic and environmental impacts of the transition towards an EU climate- neutral economyand circular economy by 2050’.
Amendment 215 #
2020/0006(COD)
Proposal for a regulation
Annex I – paragraph 1 – point b
Annex I – paragraph 1 – point b
(b) the allocations resulting from the application of point (a) are adjusted to ensure that no Member State receives an amount exceeding EUR 25 billion. The amounts exceeding EUR 25 billion per Member State are redistributed proportionally to the allocations of all other Member States. The Member States shares are recalculated accordingly;
Amendment 216 #
2020/0006(COD)
(ba) half of the national allocation is conditional on the Member State's commitment to the EU's objective of climate neutrality by 2050. The rest should be put in a reserve until the concerned Member State accepts this commitment. In such a case, the concerned Member State's regions that commit to implement the EU's objective of climate neutrality by 2050 should get a privileged access to the funds.
Amendment 219 #
2020/0006(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The JTF shall support the Investment for jobs and growth goal in all Member States that are committed to the Union's 2050 climate neutrality target. The JTF should prioritise regions heavily dependent on solid fossil fuels, with greenhouse gas intensive industrial activities or industries with products that are impacted by the transition to EU climate neutrality.
Amendment 229 #
2020/0006(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1
Article 3 – paragraph 2 – subparagraph 1
The resources for the JTF under the Investment for jobs and growth goal available for budgetary commitment for the period 2021-2027 shall be EUR 17.588 billion in 2018 prices, which may be increased, as the case may be, by additional resources allocated in the Union budget, and by other resources in accordance with the applicable basic act.
Amendment 243 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – introductory part
Article 4 – paragraph 2 – subparagraph 1 – introductory part
In accordance with paragraph 1, the JTF shall exclusively support the following activities:
Amendment 260 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point b
Article 4 – paragraph 2 – subparagraph 1 – point b
(b) investments in the creation of new firms, including through business incubators and consulting services;
Amendment 266 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point d
Article 4 – paragraph 2 – subparagraph 1 – point d
(d) investments in the deployment of technology and infrastructures for affordable clean energy, in greenhouse gas emission reduction, energy efficiency and renewable energy;charging infrastructure for electric vehicles, energy efficiency and renewable energy, including storage technologies to enable alternatives such as sustainable mobility, including freight transport in urban areas, or building renovation, among others.
Amendment 288 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point d a (new)
Article 4 – paragraph 2 – subparagraph 1 – point d a (new)
(da) investments in district heating;
Amendment 294 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point d b (new)
Article 4 – paragraph 2 – subparagraph 1 – point d b (new)
(db) ensuring security of energy supply;
Amendment 295 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point d c (new)
Article 4 – paragraph 2 – subparagraph 1 – point d c (new)
(dc) investments in the deployment of technology and infrastructure for affordable clean and smart mobility contributing to greenhouse gas emission reduction and to the diversification of mobility solutions;
Amendment 302 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point e
Article 4 – paragraph 2 – subparagraph 1 – point e
(e) investments in digitalisation and digital connectivity; in particular investments facilitating the transition towards a circular economy and climate neutrality, including using digital technologies and data in agriculture, farming, forestry and food industries, in particular for the upgrade of broadband in rural and remote areas.
Amendment 317 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point f a (new)
Article 4 – paragraph 2 – subparagraph 1 – point f a (new)
(fa) investments in nature-based climate mitigation and adaptation projects;
Amendment 321 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point g
Article 4 – paragraph 2 – subparagraph 1 – point g
(g) investments in enhancing the circular economy, including through waste prevention, reduction, resource efficiency, reuse, repair and recycling;
Amendment 327 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point h
Article 4 – paragraph 2 – subparagraph 1 – point h
(h) upskilling and reskilling of workers, focusing on skills and qualifications that are compatible with the transition to a sustainable and digital economy, and green economy;
Amendment 339 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point j
Article 4 – paragraph 2 – subparagraph 1 – point j
(j) active inclusion of jobseekers, particularly women and vulnerable groups;
Amendment 353 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 3
Article 4 – paragraph 2 – subparagraph 3
The JTF may also support investments to achieve the reduction of greenhouse gas emissions from activities listed in Annex I to Directive 2003/87/EC of the European Parliament and of the Council provided that such investments have been approved as part of the territorial just transition plan based on the information required under point (i) of Article 7(2). Such investments shall only be eligible where they are necessary for the implementation of the territorial just transition plan, and do not, by virtue of windfall effects, merely add to the profits, which industrial facilities can obtain under the ETS.
Amendment 362 #
2020/0006(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a a (new)
Article 5 – paragraph 1 – point a a (new)
(aa) investments which hamper the development and deployment of low- carbon alternatives or which result in activities and operations that will later rely on subsidies to run in a stable and sustainable manner.
Amendment 363 #
2020/0006(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b a (new)
Article 5 – paragraph 1 – point b a (new)
(ba) activities or investments which are not in line with the EU Taxonomy for Sustainable Finance
Amendment 371 #
2020/0006(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) investment related to the production, processing, transport, distribution, storage or combustion of fossil fuels;
Amendment 375 #
2020/0006(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point e a (new)
Article 5 – paragraph 1 – point e a (new)
(ea) activities or investments which lead to the lock-in in assets harmful to the climate and environment objectives of the Union considering their lifetime.
Amendment 380 #
2020/0006(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point e c (new)
Article 5 – paragraph 1 – point e c (new)
(ec) investments which would lead to unsustainable use of biomass from all sources;
Amendment 389 #
2020/0006(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 2
Article 6 – paragraph 1 – subparagraph 2
The Commission shall only approve a programme where the identification of the territories most negatively affected by the transition process, contained within the relevant territorial just transition plan, is duly justified and the relevant territorial just transition plan is consistent with the National Energy and Climate Plan and the long term strategy of the Member State concerned and with the EU Climate Law [2020/…].
Amendment 399 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall prepare, together with the relevant authorities of the territories concerned, one or more territorial just transition plans covering one or more affected territories corresponding towhich can be part of or correspond to larger levels such as level 3 of the common classification of territorial units for statistics (‘NUTS level 3 regions’) as established by Regulation (EC) No 1059/2003 of the European Parliament and of the Council as amended by Commission Regulation (EC) No 868/201417 or parts thereof, in accordance with the template set out in Annex II. Those territories shall be those most negatively affected based on the economic and social impacts resulting from the transition, in particular with regard to expected job losses in fossil fuel production and use and the transformation needs of the production processes of industrial facilities with the highest greenhouse gas intensity or conversion to alternative industries in sectors with products that are impacted by the transition to EU climate neutrality. __________________ 17 Regulation (EC) No 1059/2003 of the European Parliament and of the Council of 26 May 2003 on the establishment of a common classification of territorial units for statistics (NUTS) (OJ L 154 21.6.2003, p. 1).
Amendment 409 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) a detailed description of the transition process at national level towards a climate- neutral economy by 2050, including a timeline for fossil fuel phase- out and other key transition steps which are consistent with the latest version of the National Energy and Climate Plan (‘NECP’) and with the EU Climate Law [2020/…];
Amendment 415 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) a justification for identifying the territories or economic activities as most negatively affected by the transition process referred to in point (a) and to be supported by the JTF, in accordance with paragraph 1;
Amendment 419 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point c
Article 7 – paragraph 2 – point c
(c) an assessment of the transition challenges faced by the most negatively affected territories, including the social, economic, and environmental impact of the transition to an EU-level climate-neutral economy by 2050, identifying the potential number of affected jobs and job losses, the number of enterprises disrupted, the development needs and objectives, to be reached by 2030 linked to the transformation or closure of greenhouse gas-intensive activities and industrial activities with products that are impacted by the transition to EU climate neutrality in those territories;
Amendment 428 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point d
Article 7 – paragraph 2 – point d
(d) a description of the expected contribution of the JTF support to addressing the social, economic and environmental impacts of the transition to a climate-neutral economy by 2050;
Amendment 431 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point f
Article 7 – paragraph 2 – point f
(f) a description of the governance mechanisms consisting of the partnership arrangements, the monitoring and evaluation measures planned and the responsible bodies, including the possibility of evaluation by non- governmental bodies and institutions as well;
Amendment 434 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point g
Article 7 – paragraph 2 – point g
(g) a description of the type and timeline of operations envisaged and their expected contribution to alleviate the impact of the transitioneconomic, social, and environmental impact of the transition at local, regional, and (where relevant) national level;
Amendment 440 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point i
Article 7 – paragraph 2 – point i
(i) where support is provided to investments to achieve the reduction of greenhouse gas emissions from activities listed in Annex I to Directive 2003/87/EC, an exhaustive list of operations to be supported and a justification that they contribute to a transition to an EU-level climate neutral economy by 2050 and lead to a substantial reduction in greenhouse- gas emissions going substantially below the relevant benchmarks established for free allocation under Directive 2003/87/EC and provided that they are necessary for the protection of a significant number of jobs;
Amendment 459 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
4a. Territorial just transition plans shall be publicly available.
Amendment 462 #
2020/0006(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Where a JTF priority supports the activities referred to in points (h), (i) or (j) of Article 4(2), data on the indicators for participants shall only be transmitted where all the data relating to that participant, required in accordance with Annex III are available, while ensuring strict data protection rules.
Amendment 467 #
2020/0006(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
Where the Commission concludes, based on the examination of the final performance report of the programme, that there is a failure to achieve at least 675% of the target established for one or more output or result indicators for the JTF resources, it may make financial corrections pursuant to Article [98] of Regulation (EU) [new CPR] by reducing the support from the JTF to the priority concerned in proportion to the achievements.
Amendment 472 #
2020/0006(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State and conduct stakeholder consultation in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.
Amendment 499 #
2020/0006(COD)
Proposal for a regulation
Annex I – paragraph 1 – point b
Annex I – paragraph 1 – point b
(b) the allocations resulting from the application of point (a) are adjusted to ensure that no Member State receives an amount exceeding EUR 2 billion. The amounts exceeding EUR 2 billion per Member State are redistributed proportionally to the allocations of all other Member States. The Member States shares are recalculated accordingly; taking into account the achievements regarding the 2020 targets for energy efficiency and renewable energy sources, as referred respectively to in Article 1(1) of Directive 2012/27/EU and in Annex I of Directive 2009/28/EC;;
Amendment 514 #
2020/0006(COD)
Proposal for a regulation
Annex II – point 3 – point 3.1 a (new)
Annex II – point 3 – point 3.1 a (new)
3.1a. description of how community representatives and civil society actors are consulted and engaged in the programming process, both before and after programming documents are developed.
Amendment 2 #
2019/2214(BUD)
Motion for a resolution
Recital C
Recital C
C. whereas a budget of EUR 2 110 467 628 has been proposed by the Secretary-General for Parliament's preliminary draft estimates for 2021, representing an overall increase of 3,52 % on the 2020 budget; whereas the estimates adopted by Parliament represented an increase of of 2,30 % (EUR 1. 953 million) for 20198, an increase of 2,48% (EUR 1 999 million) for 2019 and an increase of 2,68 % (EUR 2 050 million) for 2020;
Amendment 57 #
2019/2214(BUD)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Asks the Bureau to make known its decision on the future of the Spaak building in Brussels; notes that the renovation and redesign process should aim at meeting clearly defined new needscould also present an opportunity to optimize the already available surfaces according to the current needs of the Parliament as described in the updated building strategy beyond 2019; takes note of the unavailability during renovation works of the Spaak building for a period of approximately five years; reiterates its request that the Committee on Budgets be provided with an estimate and a detailed breakdown of the costs once the Bureau has made the decision;
Amendment 60 #
2019/2214(BUD)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Recalls the need to find a solution for a single seat for the Parliament in order to optimise parliamentary and institutional work and reduce significant political and financial costs and the carbon footprintat the geographical dispersion of the Parliament's three seats amounts to 6% of the institution’s overall budget; considers we need to find solutions to optimise related expenditure and diminish the environmental impact due to this dispersion;
Amendment 63 #
2019/2214(BUD)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Recalls the need to find a solution for a single seat for the Parliament in orders to optimise parliamentary and institutional work and reduce significant political and, financial costs and the carbon footprint with due regard for geographical dispersion of the Parliament’s three seats;
Amendment 74 #
2019/2214(BUD)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Notes that DG TRAD is aiming to develop a tool that is able to automatically transcribe and translate parliamentary multilingual debates in real time, so that all citizens have equal access to information in their language; asks that a financialn analysis be carried out on the total cost of the whole project and the impact on human resources;
Amendment 87 #
2019/2214(BUD)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Considers that Members should not be reimbursed for business class airline tickets when traveling within the Union, except outermost regions; urges Parliament to encourage the use of transport that respects the environment and proposes that the reimbursement for flights of less than one hour would only be granted if no other more sustainable and realistic alternatives exist;
Amendment 89 #
2019/2214(BUD)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Calls for the protection of the environment and the saving of resources; is concerned, in this regard, by the fact that several Members do not use their free Belgian railway travel pass; calls on the Bureau to give the financial details of the agreement with the SNCB/NMBS and to find a solution for optimising the use of these passes; recalls its request to make greater use of videoconferencing and other technologies, in particular by rationalising the missions of staff between the different workplaces; welcomes the notice of the Questors of 18 February 2020 to encourage members and political group secretariats to apply the trunk-sharing policy with the aim of decreasing the number of lorries needed for Strasbourg missions thereby helping to reduce Parliament’s carbon footprint;
Amendment 92 #
2019/2214(BUD)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Calls for the protection of the environment and the saving of resources; recalls its request to make greater use of videoconferencing and other technologies, in particular by rationalising the missions of staff between the different workplaces; welcomes the notice of the Questors of 18 February 2020 to encourage members and political group secretariats to apply the trunk-sharing policy with the aim of decreasing the number of lorries needed for Strasbourg missions thereby helping to reduce Parliament’s carbon footprint;
Amendment 95 #
2019/2214(BUD)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Reiterates its concern about the additional expenditure on interpretation of the oral explanations of votes and one- minute speeches during plenary sessions; stresses that the cost of translating and interpreting the oral explanation of votes is estimated at EUR 21,431 per voting day or EUR 900,102 per year; recalls that alternatives, such as a written explanation of votes as well as various public communication facilities, are available to Members wishing to explain their voting positions or raise issues pertinent to the concerns of their electorate; in that context, considers that in order to achieve significant savings, the oral explanation of votes and the one-minute speeches could be abolished;
Amendment 118 #
2019/2214(BUD)
Motion for a resolution
Paragraph 40
Paragraph 40
40. Asks the Bureau to propose extendingassess the impacts of an extension of the status of APAs to local assistants in the interests of administrative simplification, while paying attention to ensure commensurate tasks and salaries in the Member States;
Amendment 123 #
2019/2214(BUD)
Motion for a resolution
Paragraph 41 a (new)
Paragraph 41 a (new)
Amendment 2 #
2019/2213(BUD)
Draft opinion
Paragraph 1
Paragraph 1
1. Regrets that the Member States have so far not managed to reach an agreement on the Multiannual Financial Framework (MFF) 2021-2027 and the reform of the own resources system, which puts at risk the timely start of the new programmes and thus the Union’s ability to achieve its political priorities; notes that the MFF is the basis for the annual budget and that, in the absence of an MFF regulation, guidelines on the 2021 budget can only reflect Parliament’s general position on the MFF;
Amendment 2 #
2019/2213(BUD)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
- having regard to its resolution of 14 March 2018 on the reform of the European Union’s system of own resources7a, _________________ 7a Texts adopted, P8_TA(2018)0076.
Amendment 4 #
2019/2213(BUD)
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
- having regard to its resolution of 16 January 2020 on the 15th meeting of the Conference of Parties (COP15) to the Convention on Biological Diversity11a, _________________ 11a Texts adopted, P9_TA(2020)0015
Amendment 7 #
2019/2213(BUD)
Motion for a resolution
Citation 10 b (new)
Citation 10 b (new)
- having regard to its resolution of 28 November 2019 on the 2019 UN Climate Change Conference in Madrid, Spain (COP25)12a, _________________ 12a Texts adopted, P9_TA(2019)0079.
Amendment 9 #
2019/2213(BUD)
Motion for a resolution
Citation 10 c (new)
Citation 10 c (new)
- having regard to the 26th Conference of the Parties to the UNFCCC to be held in November 2020 and the fact that all Parties to the UNFCCC need to increase their nationally determined contributions in line with the objectives of the Paris Agreement,
Amendment 12 #
2019/2213(BUD)
Motion for a resolution
Citation 10 d (new)
Citation 10 d (new)
- having regard to the Commission communication to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 19 February 2020 entitled ‘Shaping Europe's digital future’ (COM(2020) 67),
Amendment 14 #
2019/2213(BUD)
C. whereas the current MFF ends at the end of 2020, and whereas 2021 should be the first year of implementation of the next one; whereas negotiations on the 2021 Union budget might run in parallel with the negotiations on the next multiannual financial framework(MFF) and the reform of the EU own resources system;
Amendment 17 #
2019/2213(BUD)
Motion for a resolution
Recital D
Recital D
D. whereas Parliament has been ready to negotiate the MFF since November 2018, but the Council has so far failed to engage in any meaningful talks with Parliament beyond minimal contact on the margins of the General Affairs Council until recently; whereas the European Council President has now started talks with the European Parliament Negotiating Team on the MFF; whereas the timeframe for reaching an agreement in the European Council has been repeatedly extended;
Amendment 24 #
2019/2213(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Underlines that the new Heading 1 (‘Single Market, Innovation and Digital’) will be instrumental for boosting innovation-led, sustainable economic growth and contributing to the transition towards a climate-neutral society in line with the Paris Agreement; highlights furthermore the importance of the new Heading 5 (‘Security and Defence’), which includes the new European Defence Fund and essential funds for nuclear safety and decommissioning;
Amendment 24 #
2019/2213(BUD)
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. whereas the withdrawal of the United Kingdom from the Union is not expected to have a direct impact on the 2021 budget, as the United Kingdom will be considered as a third country after the transition period; whereas the participation in the EU programmes will be decided in the future partnership that will be negotiated between the EU and the UK;
Amendment 25 #
2019/2213(BUD)
Motion for a resolution
Recital G b (new)
Recital G b (new)
G b. whereas, accordingly to the article 132 of the Withdrawal Agreement, if the transition period is extended, the UK will be considered as a third country because of the next MFF-period and the updated own resources-system, therefore the UK contribution to the budget will be negotiated by the Joint Committee;
Amendment 38 #
2019/2213(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Recalls Parliament’s position on the overall financial envelope for Horizon Europe of EUR 120 billion (in 2018 prices); calls on the Commission in this regard to present the 2021 draft budget accordingly to ensure that research and innovation activities will continuebe ambitiously funded without disruption, including in areas that are essential for the EU’s strategic autonomy and benefit its citizens and society, such as digital transformation, healthcare and space; recalls in this context the importance of fundamental research;
Amendment 49 #
2019/2213(BUD)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes that reducing greenhouse gas (GHG) emissions by 55 % by 2030 represents an enormous challenge, notably with regard to building insulationtransforming towards a circular economy, resource and material efficiency, green finance and investments and ensuring building energy efficiency, developing publicsustainable transport and, achieving both an agricultural transition, a transition to renewable energy and a socially just transition; insists that in order to succeed in this unprecedented enterprise in only ten years, urgent action is needed, backed by a strong EU budget as of 2021; recalls that the next MFF shall be established for a period of at least five years in accordance with the Article 312(1) of the TFEU and will probably run from 2021 to 2027; considers the ecological transition, as well as digital development, must start now instead of 2028;
Amendment 54 #
2019/2213(BUD)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Calls for adequate staffing levels and budget for the Commission services which must ensure the successful implementation of the European Green Deal, particularly to facilitate the reduction of pesticide risks and use, the zero pollution ambition, the circular economy based on non-toxic material cycles and to support key ecosystem services and biodiversity protection; reiterates in this regard that the funding for the EU agencies should be sufficient and predicable, enabling them to accomplish their growing tasks and deliver the best possible results; expects the Commission and the Council to refrain from cutting ECHA’s and EFSA’s resources;
Amendment 58 #
2019/2213(BUD)
Draft opinion
Paragraph 4
Paragraph 4
4. Underlines that all areas of the budget, including its revenue side, need to contribute to the overall goals of the European Green Deal and the UN Sustainable Development Goals; recalls in this context the importance of the introduction of a Just Transition Fund to address societal, socio-economic and environmental impacts on workers and communities adversely affected by the transition from coal and carbon dependence, and calls for solid financing of the fund in order to maximise the leverage effect, but not at the expense of other EU programmes;
Amendment 58 #
2019/2213(BUD)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
Amendment 71 #
2019/2213(BUD)
Draft opinion
Paragraph 5
Paragraph 5
5. Underlines the need for an ambitious draft budget, in particular forwhich needs to become operational as soon as possible in order to help make the EU more competitive; recognises in particular the important role of new programmes such as the Digital Europe Programme, which needaims to become operational oost investments in vital future areas soonuch as possible in order to help make the EU more competsupercomputing, artificial intelligence, cybersecurity and advanced digital skills, thereby maximising the benefits of digitalisation and strengthening the EU’s technological capacitives;
Amendment 78 #
2019/2213(BUD)
Draft opinion
Paragraph 6
Paragraph 6
6. Underlines the importance of SMEs as an essential part of the EU economy, as they provide a high number of jobs in the EU, account for a majority of new jobs created and play a vital role in research and innovation and in the uptake of R&I results; urges the Commission therefore to ensure a smooth transition from COSME to the new Single Market Programme and from the European Fund for Strategic Investment (EFSI) and other financial instruments to InvestEU; stresses the need to facilitate access to finance for SMEs and recalls in this context the role of the European Innovation Council (EIC) in supporting top class innovators, entrepreneurs and small companies;
Amendment 87 #
2019/2213(BUD)
Draft opinion
Paragraph 6 – subparagraph 1 (new)
Paragraph 6 – subparagraph 1 (new)
Recalls Parliament's position on the overall financial envelope of the space programme of EUR 15 billion (in 2018 prices); calls on the Commission in this regard to present the 2021 draft budget accordingly to ensure an ambitious EU space policy; underlines the need for sufficient funding of the European GNSS Agency (GSA) to guarantee it is able to carry out all the new missions it has been entrusted with;
Amendment 89 #
2019/2213(BUD)
Motion for a resolution
Subheading 3
Subheading 3
A budget commensurate with the diverse challenges
Amendment 100 #
2019/2213(BUD)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Notes, however, that in order to attain the 40 % GHG emissions reduction target by 2030, the Commission has estimated that it will be necessary to bridge a funding gap of at least EUR 500 billion every year, including social adaptation measures; considers that this funding gap is strongly underestimated even for the 40 % target, not to mention the 55 % target, and is yet to be addressed at EU or national level; stresses the urgent need for another quantum leap in political and financial efforts in order to achieve these objectives; expects the Commission’s proposals for climate actions and revisions of the climate and energy legislation in 2020 and 2021 to be submitted as planned; believes there is many different tools to help reducing the EU’s GHG emissions and overall carbon footprint; such tools are a carbon border adjustment mechanism (CBAM), the EU Emissions Trading System (ETS) and the EU climate law; believes that introducing genuine new own resources is key, such as revenues stemming from the future CBAM, EU ETS and plastics contribution, is essential to bridging thise financing gap; considers that a just transition requires just funding;
Amendment 110 #
2019/2213(BUD)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Proposes further targeted reinforcements to the budget lines in line with the Parliament’s priorities, in areas such as SME:s, digitalisation, artificial intelligence, internal security and justice cooperation, migration and respect of the rule of law and fundamental rights;
Amendment 129 #
2019/2213(BUD)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Urges the Commission to assess and prepare for all possible scenarios to ensure the sound financial management of the Union budget, defining clear commitments and outlining mechanisms and protecting the EU budget; Calls on the Commission to ensure that the future participation of UK in EU’s programmes shall respect fair balance as regards the contributions and benefits;
Amendment 139 #
2019/2213(BUD)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Reiterates that social cohesion in Europe must contribute to sustainable solutions to long-term structural demographic change; emphasises the need for financial resources for research to provide ageing populations in Europe with adequate support in terms of access to mobility, healthcare and public services;
Amendment 166 #
2019/2213(BUD)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Aims to set binding biodiversity and climate mainstreaming targets and to fix the latter to at least 30 % for 2021; reiterates its call on the Commission to lay down clear eligibility criteria of a stringent and comprehensive methodology for defining and tracking relevant climate and biodiversity expenditure; calls on the Commission to establish a climate proofing mechanism, to ensure that the budget as a whole is coherent with the Paris agreement and general EU policy objectives; invites the Commission to take aboard European Parliament’s views on the matter;
Amendment 171 #
2019/2213(BUD)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Recalls that more than 8% of the EU budget spending has contributed to biodiversity protection over the period 2014-2020;believes the European Union can increase the average biodiversity spending during the next MFF thanks to the upcoming new initiatives in this field; recalls the accelerating species extinction and strongly believes that the EU should prevent financial support for harmful measures further aggravating the state of European and global biodiversity; reiterates its request to the Commission and the Council to set a clear spending target for biodiversity mainstreaming of at least 10 % in the MFF, in addition to the target for spending on climate main- streaming13a; calls, therefore, on the Commission to present a draft 2021 budget that will lead the EU towards this objective; _________________ 13aEuropean Parliament resolution of 16 January 2020 on the 15th meeting of the Conference of Parties (COP15) to the Convention on Biological Diversity, Texts adopted, P9_TA(2020)0015.
Amendment 185 #
2019/2213(BUD)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
Amendment 201 #
2019/2213(BUD)
Motion for a resolution
Subheading 3 a (new)
Subheading 3 a (new)
A safer and sovereign Europe in a challenging world
Amendment 202 #
2019/2213(BUD)
Motion for a resolution
Paragraph 11 c (new)
Paragraph 11 c (new)
11 c. Underlines that it is of paramount importance to invest in adequate funding and staffing levels for all agencies operating in the fields of migration, security, border control and fundamental rights, in particular Europol, Eurojust, Frontex and the Fundamental Rights Agency (FRA);
Amendment 206 #
2019/2213(BUD)
Motion for a resolution
Paragraph 11 d (new)
Paragraph 11 d (new)
11 d. Stresses that the European Public Prosecutor's Office (EPPO) must be equipped with the necessary means in order to be able to thoroughly investigate and prosecute cross-border criminal activities;reminds of the important task of the EPPO to tackle the fraud with EU funds, which is important for both the citizens and the credibility of the EU; insists that its budgetary appropriations are placed under the administration heading of the MFF 2021-2027 together with the other EU bodies and institutions;
Amendment 209 #
2019/2213(BUD)
Motion for a resolution
Paragraph 11 e (new)
Paragraph 11 e (new)
11 e. Calls on the Commission to ensure that no EU funding is granted to any parties subject to the EU restrictive measures (including contractors or subcontractors, participants to workshops and/or trainings, and recipients of financial support to third parties);
Amendment 210 #
2019/2213(BUD)
Motion for a resolution
Paragraph 11 f (new)
Paragraph 11 f (new)
11 f. Calls on the Commission to allocate the necessary budget in order to ensure a bigger capacity of the EU civil protection mechanism, so that the EU will be better prepared and respond to all types of natural disasters, pandemics and emergencies, such as chemical, biological, radiological and nuclear emergencies; reiterates the importance of the EU civil protection mechanism to better protect the citizens from disasters;
Amendment 214 #
2019/2213(BUD)
Motion for a resolution
Paragraph 11 g (new)
Paragraph 11 g (new)
11 g. Strongly supports initiatives in the field of defence with the aim of encouraging better cooperation between Member States; underlines furthermore the need to improve the competitiveness and innovation in the European defence industry that can contribute to stimulate growth and job creation;
Amendment 216 #
2019/2213(BUD)
Motion for a resolution
Paragraph 11 h (new)
Paragraph 11 h (new)
11 h. Stresses that cybersecurity is critical to the Union’s prosperity and security, as well as to the privacy of our citizens and that economic espionage undermines the functioning of the digital single market and the competitiveness of European enterprises; requests adequate funding for the agencies responsible for securing network and information systems, building cyber resilience and combatting cybercrime, in particular ENISA and Europol;
Amendment 218 #
2019/2213(BUD)
Motion for a resolution
Subheading 3 b (new)
Subheading 3 b (new)
Strengthening research and innovation through Erasmus+ and Horizon Europe
Amendment 219 #
2019/2213(BUD)
11 i. Calls on a sufficient level of resources for Erasmus + to meet future demands, also taking in-to account its external dimension; highlights the need for adequate resources for vocational education and training and for making the Programme´s funding accessible for people from all backgrounds; stresses that Erasmus+ is a key flagship programme of the Union that is widely known among its citizens and has delivered tangible results with a clear European added value; calls for special emphasis to be placed to mobility actions in adult education, particularly for the senior population in the Erasmus+ programme; calls especially for the promotion of building bridges between generations through Erasmus+;
Amendment 221 #
2019/2213(BUD)
Motion for a resolution
Subheading 3 c (new)
Subheading 3 c (new)
A stronger more competitive and digitalized single market
Amendment 222 #
2019/2213(BUD)
Motion for a resolution
Paragraph 11 j (new)
Paragraph 11 j (new)
11 j. Points out that Horizon Europe provides a very strong European added value and stresses the importance of the programme for significant areas of European research such as digitalisation, technological innovation, AI and cybersecurity; recalls at the same time the important role of fundamental research in the development of the Union; stresses the importance of significantly increased allocations for Horizon Europe compared to Horizon 2020 for the budget 2021;
Amendment 223 #
2019/2213(BUD)
Motion for a resolution
Paragraph 11 i (new)
Paragraph 11 i (new)
11 i. Underlines that stepping up funding for research, innovation and development is a widely shared EU objective, given that the Europe 2020 target of 3% GDP is far from being achieved;
Amendment 224 #
2019/2213(BUD)
Motion for a resolution
Paragraph 11 k (new)
Paragraph 11 k (new)
11 k. Points out that that research, competitiveness and SMEs are key to enable economic growth and job creation; SMEs are an essential part of the Union economy and play a crucial role in delivering excellent quality investment and job creation in all Member States; sees the need to create an SME-friendly business environment with a favourable environment for innovation, as well as to support SME clusters and networks; calls, in this context, for sufficient resources to the COSME, the Single Market Programme and the InvestEU’s SMEs window, in order to further boost the programmes’ potential in promoting entrepreneurship, including women’s entrepreneurship, improving the competitiveness and access to markets of Union enterprises, and calls for emphasis to be placed on the digital transformation of SMEs;
Amendment 225 #
2019/2213(BUD)
Motion for a resolution
Paragraph 11 l (new)
Paragraph 11 l (new)
11 l. Stresses the potential for economic growth stemming from the technological transformation and calls for an appropriate role of the EU budget in supporting the digitalisation of the European industry and the promotion of digital skills and digital entrepreneurship; highlights the important role the Digital Europe programme can play in this context;
Amendment 226 #
2019/2213(BUD)
Motion for a resolution
Subheading 3 d (new)
Subheading 3 d (new)
The challenge in the field of media and communication
Amendment 227 #
2019/2213(BUD)
Motion for a resolution
Paragraph 11 m (new)
Paragraph 11 m (new)
11 m. Encourages the Commission to strengthen support for investigative journalism, including cross-border investigative journalism, and media freedom through dedicated funds, which contributes, among other areas, to revealing and combatting crime, as well as raising awareness among Union citizens;
Amendment 228 #
2019/2213(BUD)
Motion for a resolution
Paragraph 11 n (new)
Paragraph 11 n (new)
11 n. Considers it crucial to ensure adequate financial resources to EU strategic communication aimed at tackling disinformation campaigns and cyberattacks, as well as to the promotion of an objective image of the Union outside its borders;
Amendment 235 #
2019/2213(BUD)
Motion for a resolution
Subheading 4 a (new)
Subheading 4 a (new)
A modern EU budget’s revenue side as a tool for undertaking our common challenges
Amendment 236 #
2019/2213(BUD)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Considers that the EU budget’s revenue side shall be seen as a tool for the achievement of EU policies; believes that new green and single market-related own resources would be complementary to the European Green Deal’s strategy for climate and environment protection and fair taxation objectives respectively;
Amendment 237 #
2019/2213(BUD)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13 b. Deplores the recurring political dramas caused by the overwhelming share of national GNI contributions in the own resources system; considers, therefore, that their share should decrease to fulfil their balancing role only;
Amendment 238 #
2019/2213(BUD)
Motion for a resolution
Paragraph 13 c (new)
Paragraph 13 c (new)
13 c. Recalls that the European Parliament will not give its consent to the MFF without an agreement on the reform of the EU own resources system, including the introduction of a basket of new own resources; underlines, therefore, that the 2021 budget will have to be financed through new additional own resources in order to avoid damaging political consequences;
Amendment 8 #
2019/2211(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Considers that the European Union needs a more sustainable growth model in order to respond to environmental, digital and demographic challenges; welcomes the European Green Deal as the new green growth strategy for Europe with sustainability, citizen well-being and fairness at its core and the macroeconomic stability and its corollary 'the investment plan for a sustainable Europe';
Amendment 16 #
2019/2211(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Underlines that addressing these challenges may lead to negative distributional effects but also create positive opportunities, such as creating new jobs; considers, therefore, that ensuring the implementation of the principles of the European Pillar of Social Rights is crucial, notably to restore the dignity of work, ensure gender equality and reduce poverty;
Amendment 25 #
2019/2211(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Underlines the importance of the European Semester as an instrument to ensure policy coordination; supports a reinforced link between cohesion policy and the country-specific recommandations of the Commission in the context of the European Semester; welcomes the increased focus on environmental sustainability and on the implementation of the Sustainable Development Goals in the Country Reports;
Amendment 37 #
2019/2211(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes the Single Market Performance Reports, which will debunk myths surrounding the ‘net contributors and net recipients’ approach to the EU budget by providing figures that demonstrate the benefits of single market access for the Member States and the solidarity between our economies;
Amendment 39 #
2019/2211(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Recalls that the fight against tax evasion and tax avoidance can only be effectively solved through a concerted effort at European level;
Amendment 44 #
2019/2211(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses the importance of a properly funded EU budget in order to address common challenges and citizens’ expectations while ensuring a policy coherence; recalls Parliament’s position demanding a strong and credible EU budget, both for traditional policies and for new challenges, and an agreement on the reform of the EU’s own resources to give its consent; recalls that in order to meet its obligations under the Paris Climate Agreement, the EU 's contribution to the climate target should reach 30% of expenditure over the period MFF 2021-2027; recalls that the MFF must notably include the just transition fund and the youth guarantee and bring its share to the European green deal; requests that the Commission adopt a more transparent, stringent, comprehensive methodology for climate and biodiversity mainstreaming, while involving Parliament in this process;
Amendment 1 #
2019/2157(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Underlines that there is no specific legal basis for a common EU forest policy; points out, however, future European Forest Strategy needs to be fully aligned with the European Green Deal and with an ambitious EU Biodiversity Strategy; adheres to the decision and recognition by the European Court of Justice1a of forest ecosystems as an inherent part of EU natural heritage on which the EU has competence to act, and thus respects both competences of Member States and the European Union; points out that many EU policies have an impact on forests and the forest- based sector and require coherence and stronger cross- sectoral coordination; _________________ 1aJudgment of the Court of 25 February 1999. European Parliament v Council of the European Union. Joined cases C- 164/97 and C-165/97, ECLI:EU:C:1999:99
Amendment 52 #
2019/2157(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Encourages the sustainable use of wood as an environmentally friendly raw material; underlines that wood-based products and wood construction can provide an effective way of increasing carbon storage;
Amendment 53 #
2019/2157(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Acknowledges the occurrence of illegal logging and recognises that almost all primary old growth forest has been lost; urges the Commission to act on both accounts and protect the remaining old growth forest; regrets the decline in forest biodiversity as stated in the State of Nature 2020 for Europe; calls on Commission and Member States to act and enforce the Birds and Habitats Directives to reverse this trend;
Amendment 84 #
2019/2157(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Notes work under the EU Action Plan on Financing Sustainable Growth1a including EU taxonomy for sustainable activities, in the area of forestry and other economic activities related to forests; _________________ 1a Communication from the Commission to the European Parliament, the European Council, the Council, the European Central Bank, the European Economic and Social Committee and the Committee of the Regions: Action Plan: Financing Sustainable Growth (COM/2018/097 final)
Amendment 104 #
2019/2028(BUD)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Underlines the need for the EU budget to contribute more to climate change mitigation and adaptation measures in the countries covered by the Development Cooperation Instrument and the Union Civil Protection Mechanism; points out the ability of the EU budget to provide financial assistance for disaster risk reduction, such as forest fires, around the world;
Amendment 79 #
2018/0135(CNS)
Proposal for a decision
Recital 9 a (new)
Recital 9 a (new)
(9a) Rebates and other correction mechanisms should be abolished.
Amendment 109 #
2018/0135(CNS)
Proposal for a decision
Article 2 – paragraph 1 – subparagraph 1 – point d
Article 2 – paragraph 1 – subparagraph 1 – point d
(d) the application of a uniform call rate to the amount representing the revenue generated by the allowances to be auctioned referred to in Article 10(2)(a) of Directive 2003/87/EC and the market value of transitional free allowances for the modernisation of the energy sector as determined in Article 10c(3) of that Directive; the actual call rate shall not exceed 30 %. 50 %; the incremental revenue generated by any future enlargement of the scope of the Emissions Trading System after 01 January 2021 to additional sectors and regions; the actual call rate shall not exceed 100%; Or. en (NOTE: the text comes from COM(2018)0325)
Amendment 113 #
2018/0135(CNS)
(e) the application of a uniform call rate to the weight of plastic packaging waste that is not recycled; the actual call rate shall not exceed EUR 12,00 per kilogram; Or. en (NOTE: the text comes from COM(2018)0325)
Amendment 132 #
2018/0135(CNS)
Proposal for a decision
Article 2 – paragraph 1 – subparagraph 4
Article 2 – paragraph 1 – subparagraph 4