2050 Amendments of Alexandra GEESE
Amendment 15 #
2023/2019(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the Geo-blocking Regulation must be considered in the context of the overall e-commerce package of measures, in particular regarding cross- border parcel delivery services, the revision of the Consumer Protection Cooperation Regulation and the revision of the directive on audio-visual media services, and reinforces its impact to boost the potential for cross-border e-commerce in Europe, as a prerequisite for the full functioning of the digital single market;
Amendment 20 #
2023/2019(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Underlines the remaining untapped potential for cross-border economic activities that couldmust be encouraged by the removal of all geo-blocking barriers and the continued promotion of the free movement of products and services in line with the principles of the Geo-blocking Regulation;
Amendment 26 #
2023/2019(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Underlines the importance of the Geo-blocking Regulation in building a more robust, coherent and, accessible and fair internal market for all citizens and businesses in the EU, regardless of their nationality, place of residence or establishment; stresses that further steps need to be taken to achieve the full potential of the Regulation, including by strengthening the legal framework supporting the cross- border exchange of goods and services, and by including audio-visual services in the scope of the Regulation;
Amendment 37 #
2023/2019(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Recognises that the Commission carried out its first review prior to the start of the COVID-19 pandemic, which means that changes to both consumer and trading behaviour triggered by the pandemic were therefore not reflected in the 2020 Commission report; recalls the changes in consumer habits and the rising preference for onlinepurchasing goods and services online that were additionally strengthened by the COVID-19 pandemic; underlines, therefore, the need to draw further conclusions based on the new data in this area, as and to consider introducing complementary measures for reducing market fragmentation, also taking into account that 12 % of EU businesses10 started or increased efforts to sell goods or services online due to the pandemic; __________________ 10 Eurostat, ‘Online sales efforts on the rise due to the pandemic’, 11 April 2022.
Amendment 42 #
2023/2019(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Member States to fully apply and enforce the Geo-blocking Regulation and to act decisively against entities that deprive consumers of all the benefits offered by the single market, also by securing proper enforcement tools and enhancing cross-border cooperation, including through a reinforced Consumer Protection Cooperation (CPC) network; urges the Commission to step up efforts on coordination and to steer and monitor the cooperation in the CPC network, in order to ensure effective enforcement of the Geo-blocking Regulation; calls on the Commission to provide additional guidance on the enforcement of the Regulation and to strengthen equal enforcement and to initiate and follow-up on infringement procedures in order to avoid the fragmentation of the rules;
Amendment 46 #
2023/2019(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Acknowledges the wide range of applicable minimum and maximum fines both across and within Member States; calls on the Commission to monitor more closely if such discrepancies could harm the effectiveness of the Regulation and if the introduction of harmonised sanctions is needed;
Amendment 49 #
2023/2019(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Is concerned that a full-scale evaluation, that should be carried out and presented by the Commission in 2025, will face challenges due to the delay in application and a lack of data; notes, however, that the progress in the digitalisation of trade in goods and services should by its nature ease cross-border access and promote competition among different EU businesses to the benefit of consumers;
Amendment 55 #
2023/2019(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Notes that one third of all complaints received by responding competent authorities were not actually covered by the Regulation, including, among other things, copyright-protected content and insurance services, which shows that consumers perceive Geoblocking as particularly problematic in these areas; is concerned by the fact that consumers are still unaware of the coverage of the Regulation and calls on the Commission and on the Member States to improve efforts on awareness raising campaigns;
Amendment 63 #
2023/2019(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recognises that certain price differences canstill exist for cross-border customers, which can; notes that these differences could only be justified if based on different value added tax (VAT) rates andor higher costs for cross-border delivery and running business operations; believes, however, that consumers should not be blocked from accessing competitive offers made available across the single market by the same or other providers;
Amendment 79 #
2023/2019(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Deplores the fact that some unjustified obstacles persist with regard to registration and payment methods online, so that cross-border customers are often not able to register on websites requiring registration, or pay for the requested service without presenting an address or payment method linked to Member State specific banks, Member State specific payment systems or to an address in the local country, thus diminishing the objective of the Regulation to ‘shop like a local’;
Amendment 86 #
2023/2019(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes the progress made in terms of the cross-catalogue availability of music, e-book, video game and software products and services, both in subscription and transaction-based models; regrets the limited improvements regarding the cross- catalogue availability of video content and live sports events, which contribute to consumers’ perception that the audiovisual services sector is applying the highest level of geo-blockingand calls on the Commission to abolish geo-blocking practices concerning audiovisual services and to ensure that such services are also covered by the Regulation;
Amendment 93 #
2023/2019(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Notes the popularity of different tools among consumers used to avoid geo- blocking restrictions, especially for audiovisual content; considers it important to recognise that the steady modernisation and adaptation of theis convinced that this popularity shows the increasing demand to access cross-border audiovisual contents by consumers, which is also confirmed by the Eurobarometer, according to which 20% of young people (age 15-25 years) tried accessing cross- border audiovisual serviccontent; stres sector to new consumer expectations might be more effective than undermining the effective use of such tools that this demand should be duly taken into account by the Commission, which should propose prohibiting geo-blocking practices of audiovisual services, thus making unnecessary the use of tools to avoid geo-blocking restrictions;
Amendment 97 #
2023/2019(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Stresses that discrimination based on nationality, residence and location in relation to access to audiovisual content is an existing problem in the EU; recalls the report from the European Commission confirming that consumers in Greece have access to 1.3% of all the titles available in all EU Member States, while consumers in Germany have access to 43.1% of all film titles available in all Member States;
Amendment 103 #
2023/2019(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15 b. Recalls the European Citizens Initiative Minority SafePack, which collected more than millions of signatures among European citizens, calling for abolishing geo-blocking across the EU, which is harming the rights of linguistic minorities; stresses the need to ensure that minority language concerns are taken into consideration in future regulations;
Amendment 108 #
2023/2019(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Believes that the Portability Regulation12 delivered substantial benefits to consumers who expect to receive continued access to their services when they are temporarily present in another Member State; welcomes the Commission’s ongoing stakeholder dialogue on access to and the availability of audiovisual content across the EU; emphasises, however, that further clarity is needed on the services covered by the Portability Regulation and that further actions are needed to meet consumers expectations concerning the cross- catalogue availability of and cross-border access to sports events via streaming services; calls, therefore, on the Commission and the Member States to carefully assess all options that will reduce, in order to give them not only the possibility to ‘shop like a local’ but also to ‘watch like a local’; calls, therefore, on the Commission and the Member States to carefully assess all options, including adapting to the potential viewers within the EU market the agreement between the economic operators involved in the audiovisual sector, in order to abolish the unjustified and discriminatory geo- blocking barriers for access to audiovisual services and sports events, without harming the different actors in the supply chain and while taking into account the potential impact on diversity and the available financing of the creative sector; reminds the Commission to present Parliament with the outcome of its stakeholder dialogue on possibly extending the scope of the Geo-blocking Regulation to audiovisual content; __________________ 12 Regulation (EU) 2017/1128 of 14 June 2017 on cross-border portability of online content services in the internal market, OJ L 168, 30.6.2017, p.1.
Amendment 128 #
2023/2019(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
Amendment 129 #
2023/2019(INI)
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20 b. Calls on the Commission to explore possibilities of establishing unitary European copyright with a goal to eradicate licensing barriers within the EU;
Amendment 130 #
2023/2019(INI)
Motion for a resolution
Paragraph 20 c (new)
Paragraph 20 c (new)
20 c. Calls on the Commission to take all necessary steps to abolish geo-blocking practices within the single market, including in relation to audiovisual services;
Amendment 131 #
2023/2019(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Urges for a full assessment of possible synergies with other measures of the digital single market strategy, such as Regulation (EU) 2018/644 on cross- border parcel delivery services, that should help increasing the transparency of cross-border tariffs, and the changes in the area of VAT for cross- border e- commerce that entered into force on 1 July 2021 and, which are supposed to reduce compliance costs for traders with cross- border operations and, hence, encourage more traders to deliver goods or services cross-border, and Regulation (EU) 2018/64413 on cross-border parcel delivery services that should help increase the transparency of cross-border tariffstresses that, although not directly addressed by the Regulation, delivery limitations in cross-border online sales still affect more than 50% of shopping attempts, frustrating consumer expectations; __________________ 13 Regulation (EU) 2018/644 of 18 April 2018 on cross-border parcel delivery services, OJ L 112, 2.5.2018, p. 19.
Amendment 93 #
2023/0290(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Essential safety requirements for toys should ensure protection from all relevant health and safety hazards posed by toys, for users or third parties. Particular safety requirements should cover the physical and mechanical properties, flammability, chemical properties, electrical properties, hygiene, cybersecurity and radioactivity to ensure that the safety of children is adequately protected against those specific hazards. Since it is possible that toys which present hazards that are not covered by a particular safety requirement might exist or be developed, it is necessary to maintain a general requirement of safety to ensure protection of children in respect of such toys. The safety of toys should be determined by reference to the intended use, while taking into account also the foreseeable use, and bearing in mind the behaviour of children, who do not generally show the same degree of care as the average adult user. Together, the general safety requirement and the particular safety requirements should form the essential safety requirements for toys.
Amendment 98 #
2023/0290(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Relying on digital technologies has led to new hazards in toys. Radio toys are to comply with essential requirements, including on cybersecurity, for the protection of privacy and internet- connected toys are to incorporate safeguards towards cybersecurity and protection from fraud in accordance with Directive 2014/53/EU of the European Parliament and of the Council30 . Toys which include artificial intelligence are to comply with Regulation (EU) …/….../... [P.O. insert serial number for Regulation laying down harmonised rules on artificial intelligence]31 . Therefore, particular safety requirements regarding cybersecurity, protection of personal data and privacy or other hazards stemming from the incorporation of artificial intelligence in toys should not be set out. However, protecting the health of children should not merely ensure the absence of disease or infirmity and relying on digital technologies may pose risks to children which go beyond their physical health. To ensure that children are protected from any risk coming from the use of digital technologies in toys, the general safety requirement should ensure the psychological and mental health, as well as the well-being and cognitive development, of children. _________________ 30 Directive 2014/53/EU of the European Parliament and of the Council of 16 April 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment and repealing Directive 1999/5/EC (OJ L 153, 22.5.2014, p. 62). 31 PO: Please insert in the text the number of the Regulation andorizontal cybersecurity requirements for products with digital elements and amending Regulation (EU) 2019/1020]. However, internet-connected toys might pose specific health and safety risks which can only be provoked by a cyberattack. Internet-connected toys attacked by malicious third parties may pose specific risks that, depending on their intended use or reasonably foreseen misuse, can impact the health and safety of its users. In this respect, health and safety risks in connection with the cybersecurity functions of instert the number, danet-connecte,d title and OJ referencoys shall fall within the scope of thatis Regulation in the footnote.
Amendment 102 #
2023/0290(COD)
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14 a) Toys which include artificial intelligence are to comply with Regulation (EU) …/…[P.O. insert serial number for Regulation laying down harmonised rules on artificial intelligence]. As this Regulation focuses mainly on “high-risks AI systems" and does not specifically address toys, particular safety requirements regarding cybersecurity, protection of personal data and privacy or other hazards stemming from the incorporation of artificial intelligence in toys should be set out.
Amendment 103 #
2023/0290(COD)
Proposal for a regulation
Recital 14 b (new)
Recital 14 b (new)
(14 b) Protecting the health of children should not merely ensure the absence of disease or infirmity and relying on digital technologies may pose risks to children which go beyond their physical health. To ensure that children are protected from any risk coming from the use of digital technologies in toys, the general safety requirement should ensure the psychological and mental health, as well as the well-being and cognitive development, of children.
Amendment 107 #
2023/0290(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) In order to provide for flexibility where the safety of children is not compromised and where it is necessary for making certain toys available on the market, it should be possible to derogate from the generic prohibitions of chemical substances in toys. Derogations to generic prohibitions permitting the use of prohibited substances should be of general application and should only be possible where the use of the relevant substance is considered safe for children, where there are no commercially viable alternatives for the substanceelimination or substitution of such prohibited substances via design changes or other materials or components is not technically possible, where there are no technically viable alternatives for the substance, where a substitution plan has been submitted and where the use of the substance is not prohibited in consumer articles under Regulation (EC) No 1907/2006. The assessment of the safety of the substance in toys should be carried out by the relevant scientific committees in the European Chemicals Agency (ECHA) in order to ensure consistency and efficient use of resources in the assessment of chemical substances in the Union.
Amendment 108 #
2023/0290(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The use of nickel in stainless steel and in components that transmit electric current has been considered safe in toys by the Scientific Committee on Health, Environment and Emerging risks and should be allow. However, since children should also be adequately protected from allergenic substances and certain metals its use should be limited. Other substances that are necessary to transmit electric current should be permitted in toys to allow for the making available of electric toys if such substances are completely inaccessible for a child playing with the toy and therefore do not present a risk.
Amendment 112 #
2023/0290(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Directive 2009/48/EC includes limit values for certain substances in toys intended for children under 36 months or intended to be put in the mouth. In a family with more than one child, children under 36 months are likely to be attracted by the toys of their siblings that are older than 36 months, making it in practice impossible to completely shield children below 36 months from the toys of their elder siblings. Those substances have shown to also pose a risk to older children, as they could be equally exposed to such chemicals via skin contact or inhalation. These limit values should therefore apply to all toys. Since the adoption of the limit values for bisphenol A in Directive 2009/48/EC, new scientific data has emerged. The European Food Safety Authority (EFSA) re-evaluated the risks to public health from dietary exposure to bisphenol A in April 2023 concluding that exposure to bisphenol A is a health concern for consumers across all age groups. EFSA has established a new tolerable daily intake of bisphenol A which is significantly lower than the previous one. In view of this scientific evidence, bisphenol A should fall under the generic prohibition for CMR substances in toye structural similarities between different bisphenols leading to comparable risks for children, and to avoid regrettable substitution, toys should not contain any bisphenols.
Amendment 115 #
2023/0290(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) To prevent misuse of warnings to circumvent the applicable safety requirements, the warnings provided for certain categories of toy should not be allowed if they conflict with the intended use of the toy. To ensure that supervisors are aware of any risks associated with the toy, it is necessary to ensure that the warnings are legible and visible. Minimum requirements on important parameters such as font size, distance and contrast should therefore be laid down.
Amendment 128 #
2023/0290(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) Economic operatorsAny natural or legal person that either places a toy on the market under their own name or trademark or substantially modifyies a toy in such a way that compliancenformity with applicable requirements of this Regulation mayight be affected, should be considered to be the manufacturers and should assume the obligations of the manufacturers.
Amendment 129 #
2023/0290(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) Toys are to comply with traceability requirements in accordance with Regulation (EU) 2023/988. Ensuring traceability of a toy throughout the whole supply chain helps to make market surveillance simpler and more efficient. An efficient traceability system facilitates market surveillance authorities' task of tracing economic operators who made non- compliant toys available on the market.
Amendment 136 #
2023/0290(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) It is appropriate to provide for the publication of a notice in the Official Journal of the European Union indicating the date when the interconnection between the registry and the EU Customs Single Window Certificates Exchange System referred to in Article 13 of [P.O. insert serial number for Regulation (EU) …/… on Ecodesign Requirements for Sustainable Products] becomes operational in order to facilitate public access to that information. Similar publication should be provided should further customs IT systems become operational.
Amendment 138 #
2023/0290(COD)
Proposal for a regulation
Recital 58
Recital 58
(58) If a conformity assessment body demonstrates conformity of the toy with the criteria laid down in harmonised standards, ithe toy should be presumed to comply with the corresponding requirements set out in this Regulation.
Amendment 141 #
2023/0290(COD)
Proposal for a regulation
Recital 68
Recital 68
(68) In order to take into account technical and scientific progress or new scientific evidence, 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 amending this Regulation by adapting the specific warnings to be affixed on toys, adopting specific requirements concerning chemical substances and limit values in toys and granting derogations to include specific uses allowed in toys of substances subject to generic prohibitions.
Amendment 145 #
Amendment 148 #
2023/0290(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation lays down rules on the safety of toys,e objective of this Regulation is to ensuringe a high level of protection of health and safety of children and other persons, and on the free movement of toys in the Union.
Amendment 149 #
2023/0290(COD)
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
This Regulation lays down rules on the safety of toys placed or made available on the market that are underpinned by the precautionary principle. Economic operators shall place or make available on the market only toys that do not adversely affect the health and safety of children and other persons.
Amendment 157 #
2023/0290(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 4
Article 3 – paragraph 1 – point 4
(4) ‘authorised representative’ means any natural or legal person established within the Union who has received a written mandate from a manufacturer to act on that person’s behalf in relation to specified tasks with regard to the manufacturer’s obligations under this Regulation;
Amendment 159 #
2023/0290(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 8
Article 3 – paragraph 1 – point 8
(8) ‘economic operator’ means the manufacturer, the authorised representative, the importer, the distributor and the fulfilment service provider or any other natural or legal person who is subject to obligations in relation to the manufacture of products or making them available on the market in accordance with this Regulation;
Amendment 162 #
2023/0290(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 9
Article 3 – paragraph 1 – point 9
(9) ‘online marketplace’ means online marketplace as defined in Article 3, point (14), of Regulation (EU) 2023/98819/2161;
Amendment 164 #
2023/0290(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 12 a (new)
Article 3 – paragraph 1 – point 12 a (new)
(12 a) ‘toy’ means a product designed or intended, whether or not exclusively, for use in play by children under 14 years of age, whether or not having digital elements which allow for a direct or indirect connection to a device or network.
Amendment 172 #
2023/0290(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 28
Article 3 – paragraph 1 – point 28
(28) ‘market surveillance authority’ means a market surveillance authority as defined in Article 3, point (4), of Regulation (EU) 2019/1020 as responsible for organising and carrying out market surveillance in the territory of that Member State;
Amendment 173 #
2023/0290(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 28 a (new)
Article 3 – paragraph 1 – point 28 a (new)
(28 a) ‘notifying authority' means an authority designated by a Member State under Article 25 and 26 as responsible for the assessment and notification of conformity assessment bodies in the territory of that Member State;
Amendment 190 #
2023/0290(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Where necessary to ensure their safe use and the health and safety of children and other persons, toys shall bear a general warning specifying appropriate user limitations. The user limitations shall include at least the minimum or maximum age of the user and, where appropriate, the required abilities of the user, the maximum or minimum weight of the user and the need to ensure that the toy is used only under adult supervision.
Amendment 195 #
2023/0290(COD)
Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 1
Article 6 – paragraph 3 – subparagraph 1
The manufacturer shall mark warnings in a clearly visible, easily legible, accessible and understandable and accurate manner on the toy, on an affixed label or on the packaging and, if appropriate, on the instructions for use which accompany the toy. Small toys which are sold without packaging shall have appropriate warnings affixed to them.
Amendment 198 #
2023/0290(COD)
Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 2
Article 6 – paragraph 3 – subparagraph 2
Warnings shall be clearly visible to the consumer before the purchase, including in cases where the purchase is made through distance sales. Warnings shall be of sufficient size to ensure their visibility and legibility. In particular, warnings shall have the characteristics set out in Annex III.
Amendment 202 #
2023/0290(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
Before placing toys on the market, manufacturers shall carry out an internal risk analysis and draw up the required technical documentation in accordance with Article 23 and carry out the applicable conformity assessment procedure in accordance with Article 22 or have it carried out.
Amendment 204 #
2023/0290(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Manufacturers shall keep up to date the technical documentation and the product passport for a period of at least 10 years after the last model of the toy covered by that documentation and product passport has been placed on the market.
Amendment 207 #
2023/0290(COD)
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2
Article 7 – paragraph 4 – subparagraph 2
When manufacturers,deemed appropriate with regard to the risks presented by a toy, consider it necessary for the protection of health and safety of consumers, manufacturers shall, carry out sample testing of marketed toys.
Amendment 209 #
2023/0290(COD)
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
5. Manufacturers shall ensure that toys bear a type, batch, serial or model number or other element allowing their identification and which is easily visible and legible for consumers, or, where the size or nature of the toy does not allow it, that the required information is provided on the packaging or in a document accompanying the toy.
Amendment 214 #
2023/0290(COD)
Proposal for a regulation
Article 7 – paragraph 7
Article 7 – paragraph 7
7. Manufacturers shall ensure that the toy is accompanied by instructions and safety information in a language or languages easily understood by consumers and other end-users, including persons with disabilities, as determined by the Member State concerned. Such instructions and information shall be clear, understandable and legible.
Amendment 216 #
2023/0290(COD)
Proposal for a regulation
Article 7 – paragraph 8 – subparagraph 1
Article 7 – paragraph 8 – subparagraph 1
Where manufacturers consider, or have reason to believe, that a toy which they have placed on the market is not in conformity with this Regue relevant Union harmonisation legislation, they shall immediately take the corrective measures necessary to bring that toy into conformity, withdraw it or recall it, as appropriate.
Amendment 219 #
2023/0290(COD)
Proposal for a regulation
Article 7 – paragraph 8 – subparagraph 2 – point a
Article 7 – paragraph 8 – subparagraph 2 – point a
(a) the market surveillance authorities of the Member States in which they have made the toy available, via the Safety Business Gateway referred to in Article 26 of Regulation (EU) 2023/988, giving details, in particular, of any non- compliance and of any corrective measures takenthe risks to the health and safety to consumers and of any corrective measures taken and if available, of the quantity, by Member State, of the toys still circulating in the market; and
Amendment 221 #
2023/0290(COD)
Proposal for a regulation
Article 7 – paragraph 10
Article 7 – paragraph 10
10. Manufacturers shall ensure that other economic operators, the economic operator referred to in Article 4(1) of Regulation (EU) 2019/1020, and providers of online marketplaces, in the supply chain concerned, are kept informed in a timely manner of any non-conformity that the manufacturers have identifiedor risk to the health or the environment that the manufacturers have identified and of any corrective action, recall or withdrawal.
Amendment 226 #
2023/0290(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point a
Article 8 – paragraph 3 – point a
(a) keep the technical documentation at the disposal of national surveillance authorities and ensure that the product passport is available, in accordance with Article 17(2), for a period of at least 10 years after the last model of the toy covered by those documents has been placed on the market;
Amendment 229 #
2023/0290(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point b
Article 8 – paragraph 3 – point b
(b) further to a reasoned request from a competent national authority, provide that authority with all the information and documentation necessary to demonstrate the conformity of a toy in an official language that can be understood by the authority;
Amendment 232 #
2023/0290(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point c
Article 8 – paragraph 3 – point c
(c) cooperate with the competent national authorities, at their request, on any action taken to eliminate in an effective manner the risks posed by toys covered by the mandate.
Amendment 234 #
2023/0290(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point c a (new)
Article 8 – paragraph 3 – point c a (new)
(c a) immediately terminate the mandate if the manufacturer does not comply with the obligations of the manufacturer under this Regulation and immediately inform the market surveillance authority of the Member State in which is established;
Amendment 235 #
2023/0290(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point c b (new)
Article 8 – paragraph 3 – point c b (new)
(c b) where the authorised representative considers or has reason to believe that a toy is a dangerous product, inform the manufacturer thereof;
Amendment 236 #
2023/0290(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point c c (new)
Article 8 – paragraph 3 – point c c (new)
(c c) inform the competent national authorities about any action taken to eliminate the risks posed by toys covered by their mandate through a notification in the Safety Business Gateway, where the information has not been already provided by the manufacturer or upon instruction of the manufacturer;
Amendment 237 #
2023/0290(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point c d (new)
Article 8 – paragraph 3 – point c d (new)
(c d) in case of change of authorised representative, the detailed arrangements for the change shall be clearly defined in an agreement between the manufacturer, where practicable the outgoing authorised representative, and the incoming authorised representative. That agreement shall address at least the date of termination of the mandate of the outgoing authorised representative and date of beginning of the mandate of the incoming authorised representative, as well as the transfer of documents, including confidentiality aspects and property rights.
Amendment 239 #
2023/0290(COD)
Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 1 – point e
Article 9 – paragraph 2 – subparagraph 1 – point e
(e) the relevant information in the product passport has been included in the product passport registry in accordance with Article 17(2) and Article 19(1);
Amendment 243 #
2023/0290(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Importers shall indicate their name, registered trade name or registered trade mark and the postal and electronic address at which they can be contacted on the toy or, where that is not possible, on its packaging or in a document accompanying the toy. Importers shall ensure that any additional label does not obscure any information required by Union law on the label provided by the manufacturer.
Amendment 246 #
2023/0290(COD)
Proposal for a regulation
Article 9 – paragraph 6 – subparagraph 2
Article 9 – paragraph 6 – subparagraph 2
Where importers consider, or have reason to believe, that a toy that they have placed on the market presents a risk to health and safety of consumers and other end-users, they shall immediately inform the manufacturer, the competent national authorities of the Member States in which they made the toy available to that effect, giving details, in particular, of the non- compliance, or risk to the health and safety of consumers, and of any corrective measures taken.
Amendment 250 #
2023/0290(COD)
Proposal for a regulation
Article 9 – paragraph 8 a (new)
Article 9 – paragraph 8 a (new)
8 a. Importers shall ensure that all relevant economic operators and providers of online marketplaces in the supply chain concerned are kept informed in a timely manner of any non-conformity or risk to the health or the environment that they have identified, and of any corrective action, recall or withdrawal.
Amendment 251 #
2023/0290(COD)
Proposal for a regulation
Article 9 – paragraph 10 – subparagraph 2
Article 9 – paragraph 10 – subparagraph 2
Importers shall keep the manufacturer, distributors and, where relevant, providers of online marketplaces informed in a timely manner of the investigation performed and of the results of the investigation.
Amendment 256 #
2023/0290(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. When making a toy available on the market, distributors shall act with due care in relation tocomply with the requirements of this Regulation.
Amendment 260 #
2023/0290(COD)
Proposal for a regulation
Article 10 – paragraph 4 – subparagraph 2
Article 10 – paragraph 4 – subparagraph 2
Where distributors consider, or have reason to believe, that a toy that they have made available on the market presents a risk, they shall immediately inform the manufacturer or the importer, as applicable, the market surveillance authorities of the Member States in which they made the toy available to that effect, giving details, in particular, of the non- compliance or risk to health and safety of consumers, and of any corrective measures taken.
Amendment 263 #
2023/0290(COD)
Proposal for a regulation
Article 11 – title
Article 11 – title
Cases in which obligations of manufacturers apply to importers and distributorother persons
Amendment 266 #
2023/0290(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
An importer or a distributor natural or legal person shall be considered a manufacturer for the purposes of this Regulation, and shall be subject to the obligations of the manufacturer under Article 7, where such importer or distributornatural or legal person places a toy on the market under its name or trademark or modifies a toy already placed on the market in such a way that compliance with the applicable requirements of this Regulation may be affected.
Amendment 268 #
2023/0290(COD)
Proposal for a regulation
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
A natural or legal person, other than the manufacturer, that substantially modifies the product within the meaning of Article 13 (3) of Regulation (EU) 2023/988, shall be deemed to be a manufacturer for the purposes of this Regulation and shall be subject to the obligations of the manufacturer set out in Article 7 for the part of the product affected by the modification or for the entire product if the substantial modification has an impact on its safety.
Amendment 270 #
2023/0290(COD)
Proposal for a regulation
Article 11 a (new)
Article 11 a (new)
Article11a Providers of online marketplaces 1. Without prejudice to the prohibition to conduct general monitoring as established under Regulation (EU) 2022/2065, providers of online marketplaces shall, before and after allowing the offering of the toy by the trader, make reasonable efforts to conduct simple random samples to check whether the toys offered on their interface have been identified as dangerous in the Safety Gate Portal. 2. Providers of online marketplaces are subject to specific obligations in accordance with Regulation (EU) 2023/988 concerning the removal of content referring to an offer of a dangerous toy from their online interfaces and regarding the cooperation with market surveillance authorities and relevant economic operators to facilitate any action taken to eliminate or, if that is not possible, to mitigate the risks presented by a toy that is or was offered online through their services. 3. Notwithstanding the requirement that an economic operator shall be established in the Union pursuant to Article 4 (1) of Regulation (EU) No 2019/1020, where a manufacturer of a toy cannot be identified or, where the manufacturer is established outside the Union, and where an importer, an authorised representative and a fulfilment service provider cannot be identified, any provider of online marketplaces that allows consumers to conclude distance contracts with traders and that is not a manufacturer, importer or distributor, provided that the conditions of Article 6(3) set out in Regulation (EU) 2022/2065 are fulfilled, shall be required by market surveillance authorities to provide adequate and proportionate remedies to consumers where: (a) a market surveillance authority, upon a reasoned request, asks that provider of online marketplace to identify the economic operator or the person who supplied the provider of online marketplace with the toy; and (b) the provider of online marketplace fails to identify the economic operator or the person who supplied the provider of online marketplace with the product within 1 month of receiving the request. 4. Notwithstanding the requirement that an economic operator shall be established in the Union pursuant to Article 4 (1) of Regulation (EU) No 2019/1020, where a manufacturer of a toy cannot be identified or, where the manufacturer is established outside the Union, and where an importer, an authorised representative and a fulfilment service provider cannot be identified, providers of online marketplaces that allow consumers to conclude distance contracts with traders and that are not manufacturers, importers or distributors, shall be required by market surveillance authorities to provide adequate and proportionate remedies to consumers where such providers fail to comply with Article 30 of Regulation (EU) 2022/2065.
Amendment 285 #
2023/0290(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point b
Article 17 – paragraph 2 – point b
(b) state that compliance of the toy with the requirements set out in Union legislation applicable to toys and in particular in this Regulation and, in particular, the essential safety requirements, has been demonstrated;
Amendment 289 #
2023/0290(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point f
Article 17 – paragraph 2 – point f
(f) be accessible to consumers or other end-users, market surveillance authorities, customs authorities, notified bodies, civil society organisations, researchers, trade unions, the Commission and other economic operators;
Amendment 291 #
2023/0290(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point g
Article 17 – paragraph 2 – point g
(g) be available for a period of at least the expected lifetime or 10 years after the last model of toy is placed on the market, whichever is longer, also in cases of insolvency, a liquidation or a cessation of activity in the Union of the economic operator that created the product passport;
Amendment 293 #
2023/0290(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point g a (new)
Article 17 – paragraph 2 – point g a (new)
(g a) be based on open standards, developed with an inter-operable format and shall be machine-readable, structured, searchable, and shall be transferable through an open interoperable data exchange network without vendor lock-in, in accordance with the essential requirements set out in the Ecodesign Regulation;
Amendment 294 #
2023/0290(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point i
Article 17 – paragraph 2 – point i
(i) fulfil the specific and technical requirements laid down pursuant to paragraph 10. in order to facilitate the verification of product compliance by competent national authorities;
Amendment 296 #
2023/0290(COD)
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. By creating the product passport, the manufacturer shall assume responsibility for the compliance of the toy with this Regulation and with any other Union legislation applicable to toys.
Amendment 297 #
2023/0290(COD)
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
5. The data carrier shall be physically present on the toy or on a label attached to the toy, in accordance with the implementing act adopted in accordance with paragraph 10. In the case of small toys and toys consisting of small parts, the data carrier may alternatively be affixed to its packaging. It shall be clearly visible to the consumer before any purchase and to market surveillance authorities, including in cases where the toy is made available through distance sales. In addition, the data carrier shall be accompanied by the statement ‘More information on the product is available online’ or by a similar statement.
Amendment 299 #
2023/0290(COD)
Proposal for a regulation
Article 17 – paragraph 5 a (new)
Article 17 – paragraph 5 a (new)
5 a. The economic operator placing the toy on the market shall provide other economic operators involved in the distribution of the toy with a digital copy of the data carrier to allow them to make it accessible to consumers and market surveillance authorities where they cannot physically access the product. The economic operator shall provide that digital copy free of charge and within 5 working days of receiving a request.
Amendment 301 #
2023/0290(COD)
Proposal for a regulation
Article 17 – paragraph 8
Article 17 – paragraph 8
8. By way of derogation from paragraph 2, point (c), where information requirements relating to substances of concern in toys are established in a delegated act adopted in accordance with Article 4 of Regulation …/… [OP please insert: the Ecodesign for Sustainable Products Regulation], the information referred to in Part I, point (k), of Annex VI to this Regulation is no longer required insofar as the information requirements established in the delegated act are equivalent.
Amendment 306 #
2023/0290(COD)
Proposal for a regulation
Article 17 – paragraph 10 – subparagraph 1 – point d
Article 17 – paragraph 10 – subparagraph 1 – point d
(d) the actors that shall have access to information in the product passport and to what information they shall have access and the actors that may introduce or update the information in the product passport, including where needed the creation of a new passport, including manufacturers, importers and distributors, dealers, repairers, refurbishers, remanufacturers, recyclers, notified bodies, competent national authorities, public interest organisations and the Commission, or any organisation acting on their behalf, and the types of information they may introduce or update.
Amendment 307 #
2023/0290(COD)
Proposal for a regulation
Article 17 – paragraph 10 – subparagraph 1 – point d a (new)
Article 17 – paragraph 10 – subparagraph 1 – point d a (new)
(d a) the period for which the product passport shall remain available by specifying the minimum period of time during which the actors of the value chain storing the data shall guarantee continuous availability of those data.
Amendment 314 #
2023/0290(COD)
Proposal for a regulation
Article 18 – paragraph 3 a (new)
Article 18 – paragraph 3 a (new)
3 a. Product passports shall be designed and operated so that they are user-friendly and accessible.
Amendment 315 #
2023/0290(COD)
Proposal for a regulation
Article 18 – paragraph 3 b (new)
Article 18 – paragraph 3 b (new)
3 b. Consumers shall not be requested to register, download or install applications, or to provide a password to access the product passport. A functionality shall allow consumers to place alerts about toys that present a risk to their health and safety through a separate section of the Safety Gate Portal pursuant to article 34 (3) of Regulation (EU) 2023/988.
Amendment 316 #
2023/0290(COD)
Proposal for a regulation
Article 18 – paragraph 3 c (new)
Article 18 – paragraph 3 c (new)
3 c. Manufacturers shall provide, on oral or written demand or when the product passport is temporarily unavailable at the time of purchase of the toy, the information provided in the product passport by alternative means on a durable medium. Manufacturers shall provide that information independently of a purchase and free of charge.
Amendment 318 #
2023/0290(COD)
Proposal for a regulation
Article 18 – paragraph 6
Article 18 – paragraph 6
6. Economic operators may not trackand any other relevant natural or legal person shall not track or profile end-users or otherwise process any personal data in line with Regulation (EU) 2016/679, analyse or use any usage information for purposes other than what is absolutely and strictly necessary for providing the information on the product passport online. End-users must not be required to install any software, register or otherwise process personal data to access the digital product passport online.
Amendment 321 #
2023/0290(COD)
Proposal for a regulation
Article 18 – paragraph 6 a (new)
Article 18 – paragraph 6 a (new)
6 a. The rights to access and to introduce, modify or update information in product passport shall be restricted based on the access rights specified in delegated acts adopted pursuant to paragraph 10 of Article 17.
Amendment 322 #
2023/0290(COD)
Proposal for a regulation
Article 18 – paragraph 6 b (new)
Article 18 – paragraph 6 b (new)
6 b. Data authentication, reliability and integrity shall be ensured.
Amendment 323 #
2023/0290(COD)
Proposal for a regulation
Article 18 – paragraph 6 c (new)
Article 18 – paragraph 6 c (new)
6 c. The product passport shall be designed and operated so that a high level of security and privacy is ensured and fraud is avoided.
Amendment 325 #
2023/0290(COD)
Proposal for a regulation
Article 19 – paragraph 2 a (new)
Article 19 – paragraph 2 a (new)
2 a. To make controls more efficient, the registry should be automatically accessible from other data sharing platforms used by authorities, such as customs IT systems.
Amendment 327 #
2023/0290(COD)
Proposal for a regulation
Article 20 – paragraph 5
Article 20 – paragraph 5
5. The verifications referred to in paragraphs 3 and 4 of this Article shall take place electronically and automatically using the interconnection between the registry referred to in Article 19(1) and the EU Customs Single Window Certificates Exchange System referred to in [Article 13 of [P.O. insert serial number for Regulation (EU) …/… on Ecodesign Requirements for Sustainable Products]] and any future customs IT systems.
Amendment 330 #
2023/0290(COD)
Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1 – point a
Article 21 – paragraph 2 – subparagraph 1 – point a
(a) cover all the chemical, physical, mechanical, electrical, cybersecurity, flammability, hygiene and radioactivity hazards and the potential exposure to such hazards;
Amendment 334 #
2023/0290(COD)
Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1 – point c a (new)
Article 21 – paragraph 2 – subparagraph 1 – point c a (new)
(c a) assess the risks, including to mental health, that may emerge when the toy is used in accordance with its intended purpose and reasonably foreseeable use.
Amendment 335 #
2023/0290(COD)
Proposal for a regulation
Article 22 – paragraph 3 – introductory part
Article 22 – paragraph 3 – introductory part
3. In the following cases, the manufacturer shall use the EU-type examination procedure set out in Part II of Annex IV together with the conformity to type procedure set out in Part III of that Annex and, where applicable, a European cybersecurity certification scheme at assurance level ‘high’ pursuant to Regulation (EU) 2019/881:
Amendment 339 #
2023/0290(COD)
Proposal for a regulation
Article 22 – paragraph 4 a (new)
Article 22 – paragraph 4 a (new)
4 a. Manufacturers shall use the EU- type examination procedure set out in Part II of Annex IV together with the conformity to type procedure set out in Part III of that Annex and, where applicable, a European cybersecurity certification scheme at assurance level ‘high’ pursuant to Regulation (EU) 2019/881, for toys for children under 36 months, toys which include artificial intelligence, internet-connected toys, toys which are chemical mixtures, toys which for functional reasons cannot be designed to eliminate all risks and toys which in case of a failure can lead to severe health consequences for children. The Commission should be empowered to adopt delegated acts in accordance with Article 46 (5 a new) to amend this list, also contained in Anne IV, after consulting the stakeholders concerned, in the light of technical progress, advances in knowledge or new scientific evidence, by adding to the list of toys a new category of toys or by withdrawing an existing category of toys from this list.
Amendment 341 #
2023/0290(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. The technical documentation shall contain all relevant data or details of the means used by the manufacturer to ensure that the toy complies with the essential safety requirements. It shall, in particular, contain the documents listed in Annex V. In case the toy or any part of it complies with European standards or common specifications, the list of the relevant European standards and common specifications shall also be indicated.
Amendment 342 #
2023/0290(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. The technical documentation shall be drawn up and kept up-to-date by the manufacturer in one of the official languages of the Union.
Amendment 351 #
2023/0290(COD)
Proposal for a regulation
Article 41 – paragraph -1 (new)
Article 41 – paragraph -1 (new)
-1. When market surveillance authorities of the Member States take measures as provided for in this Regulation, they shall take due account of the precautionary principle.
Amendment 354 #
2023/0290(COD)
Proposal for a regulation
Article 41 – paragraph 1 – subparagraph 1
Article 41 – paragraph 1 – subparagraph 1
Where the market surveillance authorities of one Member State have sufficient reason to believe that a toy covered by this Regulation presents a risk to the health or safety of persons, they shall carry out an evaluation in relation to the toy concerned covering all the requirements laid down in this Regulation. The relevant economic operators and providers of online marketplaces shall cooperate, as necessary, with the market surveillance authorities for that purpose.
Amendment 356 #
2023/0290(COD)
Proposal for a regulation
Article 41 – paragraph 5 – point c a (new)
Article 41 – paragraph 5 – point c a (new)
(c a) shortcomings in the EU-type examination procedure referred to in Article 22;
Amendment 358 #
2023/0290(COD)
Proposal for a regulation
Article 42 – paragraph -1 (new)
Article 42 – paragraph -1 (new)
-1. On duly justified imperative grounds of urgency relating to the protection of health and safety of children and other persons, the Commission shall adopt an immediately applicable implementing act in accordance with the procedure referred to in Article 50.
Amendment 359 #
2023/0290(COD)
Proposal for a regulation
Article 42 – paragraph 1 – subparagraph 1
Article 42 – paragraph 1 – subparagraph 1
Where, on completion of the procedure set out in Article 41(3) and (4) and in Article 44 (2) and (2a new), objections are raised against a measure taken by a Member State, or where the Commission has reasons to believe that a national measure could be contrary to Union legislation, the Commission shall without delay enter into consultation with the Member States and the relevant economic operator or operators and shall evaluate the national measure.
Amendment 360 #
2023/0290(COD)
Proposal for a regulation
Article 43 – paragraph 1 – introductory part
Article 43 – paragraph 1 – introductory part
1. Without prejudice to Article 41, where a market surveillance authority makes, inter alia, one of the following findings with regard to a toy, it shall require the relevant economic operator to put an end to the non-compliance concerned:
Amendment 363 #
2023/0290(COD)
Proposal for a regulation
Article 43 – paragraph 1 – point e a (new)
Article 43 – paragraph 1 – point e a (new)
(e a) the toy is not in conformity with the product requirements in accordance with Article 5;
Amendment 364 #
2023/0290(COD)
Proposal for a regulation
Article 43 – paragraph 1 – point e b (new)
Article 43 – paragraph 1 – point e b (new)
(e b) the toy does not bear, where appropriate, a general warning in accordance with Article 6;
Amendment 365 #
2023/0290(COD)
Proposal for a regulation
Article 43 – paragraph 1 – point e c (new)
Article 43 – paragraph 1 – point e c (new)
(e c) the conformity assessment procedures laid down in Article 22 are not fulfilled;
Amendment 367 #
2023/0290(COD)
Proposal for a regulation
Article 44 – paragraph 1
Article 44 – paragraph 1
1. Where, having carried out an evaluation under Article 41(1), a market surveillance authority finds that, although a toy made available on the market is in compliance with the particular safety requirements it poses a risk to the health and safety of persons, it shall require the relevant economic operator, including providers of online marketplaces, to take all appropriate measures, within a reasonable period of time prescribed by the market surveillance authority taking into account the nature of the risk to ensure that the toy, when made available on the market, no longer presents that risk, to withdraw the toy from the market or to recall it.
Amendment 368 #
2023/0290(COD)
Proposal for a regulation
Article 44 – paragraph 2 a (new)
Article 44 – paragraph 2 a (new)
2 a. Where the relevant economic operator does not take adequate corrective actions within the period referred to in paragraph 1, the market surveillance authorities shall take appropriate provisional measures to prohibit or restrict the toy being made available on their national market, to withdraw the toy from that market or to recall it.
Amendment 371 #
2023/0290(COD)
Proposal for a regulation
Article 45 a (new)
Article 45 a (new)
Article45a Pan-European Injury Database 1. A Pan-European Injury Database covering all types of injuries caused by toys shall be set up and coordinated by the European Commission. 2. The relevant market surveillance authorities established by the Member States shall contribute to the establishment of the database and deliver injury data to the database, based on a common methodology, comprehensive and in accordance with European and national laws on data protection. 3. The Commission shall support the co- ordination of the collection of data from Member States and the operation of the database.
Amendment 373 #
2023/0290(COD)
Proposal for a regulation
Article 46 – paragraph 5 a (new)
Article 46 – paragraph 5 a (new)
5 a. The Commission is empowered to adopt delegated acts in accordance with Article 47 to amend Article 22 (4 a new) by adding to the list of toys that are required to comply with the EU-type examination procedure set out in Annex IV a new category of toys or by withdrawing an existing category of toys from that list.
Amendment 374 #
2023/0290(COD)
Proposal for a regulation
Article 46 – paragraph 6
Article 46 – paragraph 6
6. The Commission is empowered to adopt delegated acts in accordance with Article 47 to amend Part C of the Appendix to Annex II in order to permit for a specified period of time a certain use in toys of a specific substance or mixture that is prohibited under Part III, point 4, of Annex II, or to limit a certain use that has been permitted.
Amendment 375 #
2023/0290(COD)
Proposal for a regulation
Article 46 – paragraph 9
Article 46 – paragraph 9
9. For the purposes of paragraphs 6, 7 and 78, the Commission shall systematically and regularly evaluate the occurrence of hazardous chemical substances or mixtures in toys. In those evaluations, the Commission shall take into account reports of market surveillance bodies and scientific evidence presented by Member States and stakeholders.
Amendment 379 #
2023/0290(COD)
Proposal for a regulation
Article 47 – paragraph 4
Article 47 – paragraph 4
4. Before adopting a delegated act, the Commission shall consult relevant stakeholders and 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.
Amendment 381 #
2023/0290(COD)
Proposal for a regulation
Article 51 – paragraph 1 – introductory part
Article 51 – paragraph 1 – introductory part
1. Competent national authorities, notified bodies, ECHA and the Commission shall respect the confidentiality of the following information and data obtained in carrying out their tasks in accordance with this Regulation:
Amendment 383 #
2023/0290(COD)
Proposal for a regulation
Article 52 – paragraph 1
Article 52 – paragraph 1
Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive and shall be increased if the relevant economic operator has previously committed infringements of this Regulation .. Member States by … [P.O. insert date: the first day of the month following 30 months after the date of entry into force of this Regulation] notify the Commission of those rules and shall notify it without delay of any subsequent amendment affecting them.
Amendment 386 #
2023/0290(COD)
Proposal for a regulation
Article 54 – paragraph 1
Article 54 – paragraph 1
1. Toys placed on the market in conformity with Directive 2009/48/EC before … [OP please insert the date = the first day of the month following 3018 months after the date of entry into force of this Regulation] may continue to be made available on the market until … [OP please insert the date = the first day of the month following 4230 months after the date of entry into force of this Regulation].
Amendment 395 #
2023/0290(COD)
Proposal for a regulation
Article 55 – paragraph 1
Article 55 – paragraph 1
1. By … [OP please insert the date = the first day of the month following 60 months after the date of entry into force of this Regulation] and every 5 years thereafter, the Commission shall carry out an evaluation of this Regulation. The Commission shall submit a report to the European Parliament and to the Council on the main findingsOn request, Member States shall provide the Commission with information necessary for the evaluation of this Regulation. The Commission shall submit a report to the European Parliament and to the Council on the main findings and draw up a summary that is made available to the public. The report shall assess whether this Regulation, and in particular the provisions in Chapter IV achieved the objective of ensuring a high level of protection of health and safety of children and other persons and shall assess the possibility to include adaptive toys in the scope of this Regulation.
Amendment 403 #
2023/0290(COD)
Proposal for a regulation
Annex I – Part II – point 3
Annex I – Part II – point 3
3. sports equipment, including roller skates, inline skates, and skateboards, scooters and other means of transport intended for children with a body mass of more than 20 kg;
Amendment 406 #
2023/0290(COD)
Proposal for a regulation
Annex I – Part II – point 5
Annex I – Part II – point 5
Amendment 407 #
2023/0290(COD)
Proposal for a regulation
Annex I – Part II – point 8
Annex I – Part II – point 8
Amendment 409 #
2023/0290(COD)
Proposal for a regulation
Annex I – Part II – point 14
Annex I – Part II – point 14
14. electronic equipment, such as personal computers and game consoles, used to access interactive software and their associated peripherals or components, unless the electronic equipment or the associated peripherals are specifically designed for and targeted at children and have a play value on their own, such as specially designed personal computers, key boards, joy sticks or steering wheels;
Amendment 416 #
2023/0290(COD)
Proposal for a regulation
Annex II – Part I – point 9
Annex II – Part I – point 9
9. Toys shall be designed and manufactured in such a way, in terms of the maximum values for impulse noise and continuous noise, that the sound from them is not able to impair children’s hearing. The maximum values shall not exceed those set in Directive 2003/10/EEC.
Amendment 419 #
2023/0290(COD)
Proposal for a regulation
Annex II – Part II – point 2 – point a – point 5
Annex II – Part II – point 2 – point a – point 5
(5) hazard classes 3.9, 3.10 and 3.101;
Amendment 420 #
2023/0290(COD)
Proposal for a regulation
Annex II – Part II – point 2 – point a – point 6
Annex II – Part II – point 2 – point a – point 6
(6) hazard class 4.1, 4.2, 4.3 and 4.4;
Amendment 428 #
2023/0290(COD)
Proposal for a regulation
Annex II – Part VI a (new)
Annex II – Part VI a (new)
VI a Part VIa Cybersecurity 1. Toys shall be designed, developed, and produced and, where applicable, updated, in such a way that they ensure a level of cybersecurity protection proportionate to the risks to health and safety of children that can be caused by a cybersecurity incident. Toys shall be designed and manufactured so as to eliminate cybersecurity incidents or reduce the associated risks by an inherent security, taking into account the intended use or reasonably foreseen misuse, any risk of adverse impact to the health and safety of its users bearing in mind the behaviour of children. 2. Toys shall comply with the relevant Union legislation relating to cybersecurity. In particular, toys shall comply with the specific cybersecurity requirements set out in Annex I of the Regulation XX/XX on horizontal cybersecurity requirements for products with digital elements and amending Regulation (EU) 2019/1020 (Cyber Resilience Act).
Amendment 431 #
2023/0290(COD)
Proposal for a regulation
Annex II – Part A – point 2
Annex II – Part A – point 2
2. Nitrosamines and nitrosable substances are prohibited in toys intended for use by children under 36 months or in other toys intended to be placed in the mouth where the migration of those substances is equal to or higher than. The migration of those substances from toys, components of toys or micro-structurally distinct parts of toys, shall not exceed 0,01 mg/kg for nitrosamines and 0,1 mg/kg for nitrosable substances.
Amendment 434 #
2023/0290(COD)
Proposal for a regulation
Annex II – Part A – point 4 – introductory part
Annex II – Part A – point 4 – introductory part
4. Toys shall not contain the following fragrance allergens unless their presence in the toy is technically unavoidable under good manufacturing practice and does not exceed 100 mg/kgthe limit of detection:
Amendment 436 #
Amendment 438 #
2023/0290(COD)
Proposal for a regulation
Annex III – point 1 – paragraph 2 – introductory part
Annex III – point 1 – paragraph 2 – introductory part
Amendment 444 #
2023/0290(COD)
Proposal for a regulation
Annex IV – Part I – point 4 – point 4.2
Annex IV – Part I – point 4 – point 4.2
4.2. The manufacturer shall draw up the product passport for a toy model and ensure that together with the technical documentation, it remains available for at least the expected lifetime of 10 years after the last model of the product has been placed on the market, whichever is longer. The product passport shall identify the toy for which it has been drawn up.
Amendment 446 #
2023/0290(COD)
Proposal for a regulation
Annex IV – Part II – point 9
Annex IV – Part II – point 9
9. The manufacturer shall keep a copy of the EU-type examination certificate, its annexes and additions together with the technical documentation at the disposal of the national authorities for at least 10 years after the last model of toy has been placed on the market.
Amendment 447 #
2023/0290(COD)
Proposal for a regulation
Annex IV – Part II a (new)
Annex IV – Part II a (new)
II a Part II - Module B (a new): Toys required to undergo the EU-type examination procedure 1. Toys for children under 36 months; 2. Toys which include artificial intelligence; 3. Internet-connected toys; 4. Toys which are chemical mixtures; 5. Toys which for functional reasons cannot be designed to eliminate all risks; 6. Toys which in case of a failure can lead to severe health consequences for children.
Amendment 449 #
2023/0290(COD)
Proposal for a regulation
Annex IV – Part III – point 3 – point 3.2
Annex IV – Part III – point 3 – point 3.2
3.2. The manufacturer shall create a product passport for a toy model and ensure that it remains available for at least the expected lifetime or 10 years after the last model of toy has been placed on the market, whichever is longer. The product passport shall identify the toy for which it has been drawn up.
Amendment 3 #
2022/2058(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the functioning of the internal market is greatly facilitated by the market’s adoption and use of standards; whereas the adoption of European standards simplifies compliance for market participants and national authorities, replacing as many as 34 national standards with one European standardis a pivotal element of the single market, enhancing the competitiveness of European companies and the safety of citizens; whereas the adoption of European standards and European standardisation deliverables facilitates market access, contributes to strengthen the single market and simplifies compliance for market participants and national authorities, providing a presumption of conformity with the essential requirements of the Union legislation;
Amendment 5 #
2022/2058(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the European standardisation system isneeds to be based on an open, inclusive, transparent, reliable, high-quality and consensus- based, market-driven approach, ensuring thatapproach, which should involve all stakeholders in a way to ensure theat standards that are developed not only to respond to industry needs but also support the interests of wider societyto fulfil sustainability requirements and to support the interests of wider society, improving economic, social and environmental conditions as well as the quality of life of citizens, in particular of the most vulnerable groups, such as persons with disabilities;
Amendment 10 #
2022/2058(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas the participation of civil society in the standardisation process is guaranteed by Regulation 1025/2012, but it is limited by high costs, which create entry barriers to the stakeholders with less financial resources;
Amendment 11 #
2022/2058(INI)
Motion for a resolution
Recital C
Recital C
C. whereas standards, both at international and European level, can be important drivers for market development and technological change towards a climate-neutral, resource-efficient and circular economy, as well as for fair competition, innovation and greater protection of consumers and the environment; whereas the Member States, European institutions and the European standardisation organisations (ESOs) cooperate with international standardisation bodies and have agreements in place to facilitate the use of international standards in the Union; whereas although European industry is an active participant in international standardisation work streams, the effective representation of smaller companies and othersocietal stakeholders in international forums is more challengingnot adequate;
Amendment 15 #
2022/2058(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas the use of open source software and hardware licensing solutions improves the effectiveness and transparency of work for public administrations and businesses and should be encouraged;
Amendment 16 #
2022/2058(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
C b. whereas ICT standards are mostly developed at international level; whereas the EU needs to step up its efforts to improve expertise in this field and become a standard-setter, in order to develop interoperable solutions for complementary products and for the various parts of a particular product;
Amendment 17 #
2022/2058(INI)
Motion for a resolution
Recital C c (new)
Recital C c (new)
C c. whereas the publication of public data should be based on open and standardised formats, in order to avoid ‘lock-in’ situations with proprietary solutions and in order to guarantee accountability, reproducibility, sustainability and reliability of governmental actions and public procurement;
Amendment 18 #
2022/2058(INI)
Motion for a resolution
Recital C d (new)
Recital C d (new)
C d. whereas standards should improve product durability, reusability, upgradability and reparability of products, in line with the objectives of the EU Green Deal and the digital transition;
Amendment 19 #
2022/2058(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the adoption of the standardisation strategy, which sets out five main areas for action for the Commission; considers that the classification of priority areas for action closlargely aligns with the weaknesses of the current system identified during the stakeholder consultation; notes also the adoption of, and progress on, the 2022 annual work programme on standardisationstresses, however, that such a list of areas for action should be non-exhaustive in order to quickly respond to the changing global challenges and that further focus on the uptake and implementation of standards, especially among SMEs is needed; notes also the adoption of, and progress on, the 2022 annual work programme on standardisation and looks forward to the 2023 and 2024 draft annual work programmes; stresses the need to further involve all relevant stakeholders in the interinstitutional dialogue for the preparation of the annual work programme;
Amendment 26 #
2022/2058(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Considers that the fundamental qualities of the standardisation system remain relevant and effective for the proper functioning of the internal market; recalls that harmonised standards are a voluntary, market- driven tool providing technical requirements and guidance, the use of which facilitates the compliance of goods and services with European legislation and supports the development ofimplementation of ambitious European policies in an accountable, transparent and inclusive way, ensuring that needs and specificities of all relevant stakeholders are taken into account; stresses, howemoreover, that standards cannot be seen as EU law, sinceRegulation 1025/2012 determines public law relevance of standards, which means that harmonised standards should comply with the objectives set out in the EU legislation and policies regarding the level of consumer, health, safety, environmental and data protection, and the level of social inclusion, are determined by the legislator;
Amendment 29 #
2022/2058(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Stresses that European Standardisation Organisations should comply with the EU legislation and policy objectives not only when drafting standards, but also in their governance; calls on the Commission to assess in the context of the evaluation process of Regulation 1025/2012 if the current governance model of the European Standardisation Organisations should be revised to meet such objectives and calls on the Commission to improve the participation and to strengthen the rights of the societal stakeholders, also within the national standardisation bodies;
Amendment 31 #
2022/2058(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Stresses that European standards and European standardisation deliverables should ensure the protection of personal data and privacy and should be open, inclusive, transparent, high- quality and sustainable, promoting durable products which are easier to repair, re-use and recycle;
Amendment 33 #
2022/2058(INI)
Motion for a resolution
Paragraph 2 c (new)
Paragraph 2 c (new)
2 c. Stresses that European Standards and European standardisation deliverables should meet the objectives of the EU Green Deal, including on climate, environmental, energy, resources-use and biodiversity targets; highlights, however, that in order to deliver on Green Deal commitments, standards should further improve product sustainability, durability, reusability, upgradability and reparability, reduce the expected generation of waste and increase recycled content in products;
Amendment 34 #
2022/2058(INI)
Motion for a resolution
Paragraph 2 d (new)
Paragraph 2 d (new)
2 d. Regrets that many standards still present important differences between Member States, thus creating unjustified barriers to the single market; calls on the Commission to step up its efforts to introduce harmonised standards, in order to reduce market fragmentation and therefore decreasing administrative costs for citizens and businesses, in particular SMEs and microenterprises;
Amendment 35 #
2022/2058(INI)
Motion for a resolution
Paragraph 2 e (new)
Paragraph 2 e (new)
2 e. Stresses that the standardisation system should prioritize areas with the highest detriment to consumers and should increase its efforts to take in due account the needs of the most vulnerable consumers, such as older persons and persons with disabilities;
Amendment 36 #
2022/2058(INI)
Motion for a resolution
Paragraph 2 f (new)
Paragraph 2 f (new)
2 f. Regrets that the standardisation system does not allow persons with disabilities and their representative organisations to participate on an equal footing with other stakeholders in the activities of European and national standardisation bodies when drafting accessibility standards; calls, therefore, for an improved representation within the standardisation system and for a balanced representation among designated experts, in order to guarantee a fair outcome of Union's accessibility legislation and standards;
Amendment 37 #
2022/2058(INI)
Motion for a resolution
Paragraph 2 g (new)
Paragraph 2 g (new)
2 g. Calls on the Commission and on the European standardisation bodies to improve their efforts towards making the standards gender responsive, in line with the Gender Responsive Standards Declaration; invites the Commission to elaborate gender indicators and criteria that could be used in standards development, in order to achieve gender balanced, representative and inclusive standards;
Amendment 39 #
2022/2058(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Supports the creation of an annual standardisation dashboard, to be published along with the Annual Union Work Programme and the ICT Standardisation Rolling Plan, on the planned, current and completed standardisation activities with the aim to give more transparency in the European standardisation system;
Amendment 41 #
2022/2058(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Supports the launch of the High- Level Forum for Standardisation and the desire to broaden the range of voices heard when identifying standardisation priorities and needs, planning future activities and coordinating approaches ingiving suggestions to the Commission for possible reviews of existing standards, in order to meet the objectives of the European Green Deal and of the Europe Digital Decade; acknowledges that the High-Level Forum will coordinate the effective representation of EU interests and values in international standardisation bodiesfora; underlines that this expert group should include a diverse range of stakeholders, without losing sight of the bottom-up, market-driven nature of standardisation activitiesin a way to increase transparency and social impact of standards and in order to ensure the protection of the public interest and the environment;
Amendment 46 #
2022/2058(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Welcomes the fact that the Forum will work to strengthen technical expertise and skills in the standardisation system, also through sub-groups of experts; highlights that these sub-groups could elaborate programmes to mainstream training activities, in order to increase skills, competences and consistency at EU level;
Amendment 49 #
2022/2058(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the creation of an EU excellence hub on standards and the appointment of a chief standardisation officer (CSO) in the Commission; believes that this position and the hub, as a resource, should lead to greater consistency across the Commission in terms of standardisation requests and the preparation and adoption of standards and legislative provisions with relevance to standardisation; considers that the person holding this oversight function should be an important interlocutor for Parliamentpoints out that greater competences and consistencies would be key to increase the benefits of harmonised standards on public administrations and businesses; considers that the CSO as an important interlocutor for Parliament should report to the relevant committee every six months, enabling the technical scrutiny of the Commission’s standardisation activities;
Amendment 56 #
2022/2058(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Believes that the Commission should establish a clear set of key performance indicators on the aspects of standardisation within its remit, in particular for standards linked to the objectives of the European Green Deal and of the Europe Digital Decade, in order to measure, compare and set precise targets for standardisation-related developments and to identify possible risks and lack of essential aspects, such as participation of civil society, sustainability, security and reliability;
Amendment 68 #
2022/2058(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes that the Commission wishes to accelerate the steps involved in developing standards; considers that the timely preparation of standarhigh-quality standards meeting market and societal needs is necessary for the proper functioning of the internal market, in particular in the case of harmonised standards;
Amendment 71 #
2022/2058(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 73 #
2022/2058(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Recalls that standardisation requests are issued by the Commission, in line with EU legislation and policies that underpin the protection of consumers, health, safety, environment, data and that guarantee social inclusion; notes, in this context, that the role of European Standardisation Organisations is to meet such requests, in order to support the public interest’s objectives set out in the EU legislation;
Amendment 76 #
2022/2058(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Stresses that there may be inherent limits to speeding up the standardisation process, as the prepadraftiong of standards, and citation of harmonised standards and industry implementation of those standards all add time before market adoption; recognises that it may be easier to accelerate administrative tasks, such as citation in the Official Journal, butthe publication of the harmonised standard’s reference in the Official Journal of the European Union; highlights that uptaking existing standards rather than drafting new ones would also have positive effects on timing and it would allow for easier understanding and implementation; points out, however, that the unduly rushed preparation or deployment of standards creates challenges for all stakeholders, including national authorities; encourages the Commission, in conjunction with improvements to its own internal processes, to continue working with the ESOs on ways of achieving timely delivery, including consideration of the most suitable standardisation deliverable depending on the needimportant issues for all stakeholders, including national authorities, since technical aspects and contributions require time to be elaborated by all stakeholders involved in the consensus-building process; stresses the important role on speeding up the standardisation process of the High- Level Forum for Standardisation and of the EU excellence hub, which should take a proactive approach to allow for a timely identification of standardisation needs and should help striking a fair balance between the need to shorten the process and the necessity to ensure open, inclusive, sustainable, reliable and high- quality standards; encourages the Commission, in conjunction with improvements to its own internal processes, to continue working with the ESOs on ways of achieving timely delivery, including early exchange of information on the content and feasibility of planned standardization requests and the consideration of the most suitable standardisation deliverable depending on the need; welcomes in this context the action plan of the Task Force “Timely European Standards for a Green and Digital, Single and Global Market” between the Commission, EFTA and the ESOs;
Amendment 84 #
2022/2058(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Stresses the need for stable and clear criteria for the assessment of harmonised standards, commonly understood by all stakeholders, as well as for the provision of the necessary resources to ensure the timely assessment and citation, in particular with regards to the work of the HAS consultants;
Amendment 86 #
2022/2058(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that anthe evaluation of Regulation (EU) 1025/2012 may identifythat was launched in 2022 should identify best practices and areas where reform is needed beyond the targeted amendment already introduced by the Commission; considers that the role, participation and input of relevant stakeholders, including those representing, inter alia, SMEs and environmental, social and consumer interests, should be evaluated and strengthened where such reforms may be beneficialstrengthened in order to ensure that core interests and values of the EU citizens are adequately represented and in order to support and complementary to the work envisaged by the ESOs following the Commission’s call for them to present proposals to reform their own internal governance; notes that such a reform should address the uneven and non-transparent representation of industrial interests while ensuring inclusiveness and effective participation of societal stakeholders, which should be implemented beyond the simple obligation of efforts, as defined in Articles 5 and 16 of Regulation (EU) 1025/2012, also taking into account the results of the consensus-building process;
Amendment 94 #
2022/2058(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Acknowledges that only a limited number of civil society organisations participate in the European and national standardisation work; believes that, in view of increasing the participation of civil society and broadening the scope of Annex III of Regulation 1025/2012, the Commission should carry out a mapping of civil society organisations which have an interest in contributing to the standardisation work at European level;
Amendment 98 #
2022/2058(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Welcomes the focus on national- level involvement of wider stakeholders in standardisation activities; notes that not all organisations listed in Annex III have national counterparts in the Member States; considers that the Commission may direct funding or technicall Member States that are able to participate in the work of the national mirror committees; stresses the diversity of practices in defining membership conditions by national standardization bodies in Europe, including participation fees; considers that the Commission should increase technical support and direct funding in order to guarantee substantial, long-term and stable financial support to thosee European organisations to ensure participation in national standardisation activities, including not only technical work on standards, but also the preparation of positions vis-à-vis standardisation requests at the European and international levels, thereby reinforcing the inclusivity of the process as a wholelisted in Annex III and to ensure the effective participation of their national organisations in national standardisation activities on an equal footing with industry representatives, including not only technical work on standards, but also the preparation of positions vis-à-vis standardisation requests at the European and international levels, thereby ensuring that their interests and inputs are duly taken into account and reinforcing the inclusivity of the process as a whole; invites the Commission to assess whether the Member States should support the funding to the European organisations listed in Annex III in order to foster a harmonised approach in the EU;
Amendment 105 #
2022/2058(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Points out that the financial support of the Commission could not be sufficient for the European organisations listed in Annex III to ensure the effective participation of their national organisations in national standardisation activities on an equal footing with industry representatives; stresses that in some Member States national standardisation bodies have already established solidarity mechanisms in which industrial stakeholders contribute to the participation fee of societal stakeholders according to certain elements, such as the size and the turnover of the company; calls on the Commission and on the European standardisation organizations to encourage the harmonisation of such a mechanisms, in order to decrease the fragmentation of the single market;
Amendment 106 #
2022/2058(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13 b. Notes that the inclusiveness of the European and international standardisation systems also depends on the ability of stakeholders to identify and staff the standardization areas and committees that are relevant to them; considers that the national authorities should support national standardisation bodies initiatives for stakeholder inclusiveness, including providing these stakeholders with assistance in identifying standardization areas and committees that are relevant to them;
Amendment 112 #
2022/2058(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Recognises the need for a consistent and harmonised approach towards technical or common specifications, in particular as different legislative processes may give rise to divergent provisions; considers, therefore, that this mechanism should only be used in exceptional circumstances and only while relevant standards do not exist; expresses concern about technical specifications concerning, among other things, respect for fundamental rights, where recourse to implementing acts affects the co-legislators’ powers of scrutinyensure the involvement of all relevant stakeholders and that it should generally be used in the absence of harmonised standards and when standards developed by European Standardisation Organisations are not deemed adequate by the Commission to support EU law;
Amendment 114 #
2022/2058(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Stresses that the role of standards is not to define fundamental rights, but to provide technical solutions for their respect; calls on the Commission and on the co-legislators to further detail in legislation key aspects for the respect of fundamental rights, including safeguards and definitions; points out that when standards are not adopted timely or are not fit for purpose, common specifications should be introduced in order to ensure the full respect of fundamental rights;
Amendment 119 #
2022/2058(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Considers that divergent regulatory outcomes may also affect the standardisation process more generally, owing to differing terminology, the lack of standard clauses for standardisation requests and difficulties in ex ante oversight; underlines that this problem is even more significant where standards are relevant for more than one regulatory act; believes that a common approach or formalised agreement between the Commission and the co-legislators could be explored in order to streamline the preparation of standards and detailed conditions for technical specifications;
Amendment 122 #
2022/2058(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Welcomes the launch of a peer review process among Member States and national standardisation bodies to exchange good practices and propose new ideas for a more effective involvement of civil society and users, as well as to set up SMEs-friendly conditions for standardisation;
Amendment 123 #
2022/2058(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. BRecognises the strategic use of international standards to promote global leadership in critical areas such as green and digital technologies and the need for the EU to ensure its competitiveness, security and strategic autonomy; believes that it is essential to improve European coordination and engagement at international level in relation to standardisation, while respecting the right of national delegations to reach their own decisions in international forumith like-minded global partners that share the EU’s social, environmental and ethical values; considers, nevertheless, that where similar viewpoints exist, and are also shared with like-minded third- country partners, European policy leadership on standards development can act as a multiplier for European industrial leadershipand societal leadership; is of the opinion that the Commission should set high-level principles to determine if, according to the EU strategic interest, a certain standard should be developed in the European Standardisation Organisations or at international level;
Amendment 126 #
2022/2058(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Regrets that the effective contribution of societal stakeholders in the international standardisation processes continues to be a major challenge; stresses that the participation of the organisations listed in Annex III should be guaranteed in the technical committees and should not depend on the decision of each committee, which can result in the exclusion of stakeholders representing the interests of consumers, workers and the environment; calls on the Commission and on the European Standardisation Organisations to engage with international counterparts and like- minded trade partners to ensure greater inclusiveness of the international standardisation system and stronger representation of all stakeholders;
Amendment 131 #
2022/2058(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Emphasises that prioritising standardisation matters in cooperation with third countries in bi-, multi- and pluri- lateral settings is also important to ensure that like-minded, inclusive approaches towards standardisation can prevail at international level; encourages, in this regard, the Commission and the CSO to develop key performance indicators, to monitor commitments and developments on standardisation between the Union and third countries;
Amendment 132 #
2022/2058(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Regrets that the EU was not able to take the lead in drafting international standards in very sensitive areas, such as green and digital transition and internet protocols; is worried that technical solutions, often incompatible with the EU’s values and interests, were approved in the international technical committees, endangering the EU objective to promote a free, open, accessible, inclusive and secure global internet; urges the Commission to step up its efforts to become a standard-setter in the international context also through the proposal of policy measures to foster the deployment of key internet standards and sustainability requirements;
Amendment 139 #
2022/2058(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Stresses the value of commercialisation for research activities launched under the Union’s research funding programmes, including earlythe consideration of the suitability for standardisation of projects launched under the Union’s research funding programmesat an early stage; welcomes the creation of the ‘standardisation booster’, as a test bed for standards’ suitability;
Amendment 141 #
2022/2058(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Stresses the need to unleash the full potential of EU funded pre-normative research in support of standardisation needs; calls on the Commission to encourage further coordination between National and European Standardisation bodies and the research system, in order to bridge the gap between research and the market and to ensure a proper allocation of resources; recalls that the dissemination of research results contributes to the general awareness and creates the basis for further innovation;
Amendment 144 #
2022/2058(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18 b. Acknowledges the development of the European Code of Practice for researchers on standardisation to promote an overarching approach to standardisation activities; calls on the Commission to ensure that those activities will be in line with EU policy objectives and strategic interests, in particular with the EU Green Deal commitments, and that the achievements in the area of research and innovation will be taken into account by the EU excellence hub;
Amendment 145 #
2022/2058(INI)
Motion for a resolution
Paragraph 18 c (new)
Paragraph 18 c (new)
18 c. Notes that standards will rely more and more on machine-readable formats rather than on simple texts; calls on the European Standardisation Organisations and on the National Standardisation Bodies to concretely support this transition by ensuring that these formats will be interoperable and reliable and by integrating open source software solutions into their activities, in order to facilitate the uptaking of digital technologies by public administrations and businesses, in particular SMEs and microenterprises;
Amendment 146 #
2022/2058(INI)
Motion for a resolution
Paragraph 18 d (new)
Paragraph 18 d (new)
18 d. Is of the opinion that open standards are essential to develop innovative solutions and open government policies, including on public procurement, based on transparency, accountability, sustainability and reliability; believes, therefore, that documents and data should be published in open, standardised formats that are easy to implement;
Amendment 147 #
2022/2058(INI)
Motion for a resolution
Paragraph 18 e (new)
Paragraph 18 e (new)
18 e. Believes that the Commission should make additional efforts on setting open, inclusive, sustainable, reliable and high-quality ICT standards that ensure interoperability, accessibility and privacy- by-design solutions;
Amendment 150 #
2022/2058(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Supports the development of awareness-raising and training programmes, including life-long learning programmes, vocational education and training, aimed at developing pathways towards standardisation activities for academics, future industry professionals and, policymakers and representatives of the civil society;
Amendment 152 #
2022/2058(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Notes that drafting, implementing and enforcing standards requires a high degree of technical expertise and that there is no formal education nor vocational training on standardisation in the EU, thus contributing to a lack of qualified experts in the public and private sectors; is of the opinion that this situation will be emphasized by the generational turnover and by the new digital challenges that will require more technical skills and competences and that further efforts are needed to increase knowledge and awareness among public and private stakeholders;
Amendment 153 #
2022/2058(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19 b. Welcomes the Commission’s initiative to organise the Standardisation University Days to promote awareness among academia and students and to further include standardisation among the projects of the EU Academy; notes that the High-Level Forum will promote development and dissemination of standardisation academic teaching modules to train young professionals in order to improve competences at operational level; encourages Member States to include relevant professional education courses on standards in their national education systems;
Amendment 3 #
2022/2036(INI)
Motion for a resolution
Citation 26 a (new)
Citation 26 a (new)
— having regard to the Tallinn Ministerial Declaration on eGovernment of 06 October 2017,
Amendment 5 #
2022/2036(INI)
Motion for a resolution
Citation 26 b (new)
Citation 26 b (new)
— having regard to the Berlin Declaration on DigitalSociety and Value- based Digital government of 8 December 2020,
Amendment 7 #
2022/2036(INI)
Motion for a resolution
Recital A
Recital A
A. whereas further digitalisation of public administration should enable lowers costs and unlocks business potential, especially for small and medium-sized enterprises (SMEs), which form the backbone of the single market;
Amendment 11 #
2022/2036(INI)
B a. whereas public services should also be fully accessible offline, for people who cannot or do not wish to use online services
Amendment 13 #
2022/2036(INI)
Motion for a resolution
Recital D
Recital D
D. whereas digital identity is crucial for citizensecure, privacy-enhancing digital identity is important for individuals to interact with governments and businesses across the European single market;
Amendment 18 #
2022/2036(INI)
Motion for a resolution
Recital G
Recital G
G. whereas accessible and interoperable data in public procurement will help to fight fraud and thereforein improveing procurement performance and cross-border cooperation;
Amendment 21 #
2022/2036(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
H a. Whereas the proportion of women employed in STEM in Europe remains alarmingly low.1a _________________ 1a https://ec.europa.eu/eurostat/web/product s-eurostat-news/-/edn-20220211-2
Amendment 24 #
2022/2036(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Emphasises that in order to strengthen the single market, it is necessary to carry out a digital transformation that increases the availability of online public services; recalls that eGovernment facilitates relationships with citizens, businesses, employees and governments, and calls for the establishment of a European digital identity;
Amendment 26 #
2022/2036(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Recognises the added value that open source software can bring to eGovernment systems; underlines in particular its role in avoiding vendor lock- in effects; highlights the importance of open source in sharing and reusing IT solutions among public administrations in order to provide more transparent and cost-efficient digital services to individuals and businesses in Europe; recognises also the potential of open source for improving security by allowing vulnerabilities to be identified and fixed; demands that software developed for eGovernment services is made publicly available under an open-source software licence;
Amendment 29 #
2022/2036(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Calls on the Commission and Member States to continue encouraging cross-border collaboration among public administrations with ongoing rewards such as the “Sharing and reuse awards”,1a _________________ 1a https://ec.europa.eu/isa2/awards_en/
Amendment 36 #
2022/2036(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Emphasises that the provision of digital public services implies the use of personal data, and therefore calls on the Commission and Member States to pay special attention to the protection of citizenindividuals’ personal data and ensure full compliance with Regulation (EU) 2016/679 in the provision of digital public services;
Amendment 44 #
2022/2036(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Emphasises that broadband internet coverage, especially on islands and in rural areas, is of key importance for the development of eGovernment; calls on the Commission, therefore, to completensure the necessary infrastructure for broadband internet access in cooperation with the Member States;
Amendment 59 #
2022/2036(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Believes that e-health has untapped potential, and therefore welcomes the Commission’s intention to create a European health data space; emphasises, furthermore, that e-medical records arcan be extremely useful for stimulating cross- border research and providing cross-border healthcare;
Amendment 62 #
2022/2036(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Emphasises that the electronic enforcement procedure can both significantly reduce the costs of debt collecttax evasion and speed up the procedure; calls on the Commission to present recommendations on enforcement with the aim of lowering costs, especially for consumers, taking into account Member States’ best practices;
Amendment 63 #
2022/2036(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Deems it necessary to link the possibility of participation in the public consultation procedure to the eGovernment system; calls on the Commission and Member States to ensure access to the public consultation procedure through digital public services;
Amendment 65 #
2022/2036(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Calls on the Commission to present recommendations to enable Members States to processes and means to allow individuals to monitor administrative processes that involve them and engage with stakeholders in the design and delivery of eGovernment services.
Amendment 70 #
2022/2036(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Underlines the importance of cross- border online access to information, administrative procedures and assistance services for EU businesses and consumers; emphasises in this respect the need to ensure interoperability by default for both hardware and software to avoid fragmentation and allow a seamless provision of digital services across the EU internal market;
Amendment 82 #
2022/2036(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Considers that full access to public procurement data could significantly improve public probity, promote innovation and support single market objectives, as well as improve transparency and accountability in public spending; calls on the Commission, in this respect, to consider including public procurement in the list of ‘high-value datasets’ under Open Data Directive (EU) 2019/1024, while respecting data protection requirements and the confidentiality of commercial secrets;
Amendment 83 #
2022/2036(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
Amendment 84 #
2022/2036(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17 b. Notes that contracting authorities using e-procurement reported savings between 5% and 20%; Believes that e- procurement can also lead to environmental benefits if relying on sustainable and energy-efficient digital infrastructure, processes and software; Calls on the Commission to properly assess the environmental benefits of e- procurement;
Amendment 87 #
2022/2036(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Underlines that the Commission estimates that e-Procurement is used in only 5-10% of procurement procedures carried out across the EU; Emphasizes that next to the setting the right technical infrastructure, tools and standards, transition towards a full e-procurement system needs requires investments in trainings and capacity buildings for public purchasers;
Amendment 89 #
2022/2036(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Recognises the importance of innovation procurement, and encourages the Member States to integrate it into the general e-procurement framework; calls on the Member States to improve the interoperability of procurement systems, implement advanced technologies (e.g. artificial intelligence and blockchain)when necessary and ensure compliance with future legislation;
Amendment 90 #
2022/2036(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20 a. Reminds that eGovernment systems must remain open to everyone; recalls that open standards ensure equal access to contracts for software providers, improved flexibility, sustainable costs and innovation for public authorities; calls, therefore, on the Commission and Members States to use open standards by default for software interoperability, data and document formats;
Amendment 91 #
2022/2036(INI)
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20 b. Emphasises the need for gender- responsive public procurement for digital public administration services to ensure the reduction of gender inequalities;
Amendment 92 #
2022/2036(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 95 #
2022/2036(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21 a. Emphasises the role of open source in Europe’s digital sovereignty and in preventing vendor lock-in, by allowing sharing and reusing of IT solutions;
Amendment 96 #
2022/2036(INI)
Motion for a resolution
Paragraph 21 b (new)
Paragraph 21 b (new)
21 b. Calls on the Commission and Member States to monitor and make publicly available data on the use of open source technologies among public administrations;
Amendment 98 #
2022/2036(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23 a. Urges the Commission to use gender-responsive public procurement wherever possible, and particularly in eGovernment procurement processes.1a _________________ 1a https://eige.europa.eu/gender- mainstreaming/toolkits/grpp/what-gender- responsive-public-procurement
Amendment 109 #
2022/2036(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Underlines that digital public administration should be inclusive and easily accessiblend fully accessible and inclusive by default for people with different needs, such as elderly people and, people with disabilities, people with fewer opportunities, refugees and others; calls on the Member States to make every effort to ensure that no one is left behind;
Amendment 112 #
2022/2036(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25 a. Highlights the importance of the development of digital public services that are environmentally friendly, sustainable by design, durable, repairable, and interoperable, both on a hardware and a software level;
Amendment 59 #
2022/0212(BUD)
Motion for a resolution
Paragraph 7 d (new)
Paragraph 7 d (new)
7 d. Welcomes the gender-budgeting classification undertaken by the Commission and calls on the Commission to focus on ensuring that an effective methodology for gender focuses on an accurate and comprehensive representation of the impact of programmes on gender equality and to achieve ensuring that we get the best gender equality impact from programs in the course of their implementation that are currently categorized as zero(star) and to take lessons learned for the design of programs, if possible in the context of the upcoming MFF revision; expects all gender relevant reporting to be done based on volumes and not number of actions;
Amendment 177 #
2022/0212(BUD)
Motion for a resolution
Paragraph 58 – point g
Paragraph 58 – point g
(g) takes note of the Bureau decision on 2 May 2022 on short-term measures aiming at lowering Parliaments' energy consumption; calls on Parliament to take all the necessary steps to decrease medium and long-term energy consumption in order to reduce the energy bills in the upcoming revision of the current approach on energy saving activities; welcomes and encourages the investments in renewable energy and for phasing-out of fossil fuels given the energy crisis and geopolitiwelcomes a revision of the current approach on energy saving activities, emphasizes in this regard the need to immediately halt upgrading of fossil fuel heating installations and for a roadmap to phase out fossil fuels with specific milestones and replace them by heath pumps; notes with concern that the EMAS target linked to the share of on sight energy production renewable energy sources is unlikely to be attained and even decreased in the last 2 years; calls therefore to urgently upscale on sight energy production, in particular by installing of state of the art rooftop photovoltaics for the maximum potential in Brussels and Strasbourg as soon as possible, and in particular calls for a new audit for Strasbourg to be carried out; welcomes the use of building passports and calls for investment decisions to integrate, beyond the changed outlook in terms of energy prices, the need for Parliament to be a role model, in particular in the most visible buildings; welcomes the building energy management system established in EMAS and calls for the audit to be part of the draft estimates presented by the services each year; welcomes the preliminary steps taken towards formulating a carbon neutrality target, in line with commitments taken by the European Commission for example and reiterates its call contextfor the introduction of internal carbon pricing as a first step in the current EMAS period;
Amendment 179 #
2022/0212(BUD)
Motion for a resolution
Paragraph 58 – point g a (new)
Paragraph 58 – point g a (new)
(g a) Welcomes the overall reduction in trucks traveling between Brussels and Strasbourg and congratulates the Parliament Services on their leading role, welcomes the commitment of the Bureau to call on Members and political Groups to contribute to the ongoing reduction of trunks` shipping between Brussels and Strasbourg at plenary sessions; asks for specific information campaigns in this regard for Members and political Groups;
Amendment 181 #
2022/0212(BUD)
Motion for a resolution
Paragraph 58 – point g b (new)
Paragraph 58 – point g b (new)
(g b) Welcomes the fact that feasibility studies are under way for Parliament's buildings in Brussels on the recovery and reuse of rainwater and a more rational use of water; calls for the relevant investments to be planned in the forthcoming budgets;
Amendment 106 #
2022/0162(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11 a) Only commitments selected and implemented respecting the Charter of Fundamental Rights of the European Union (the ‘Charter’) should be eligible for funding. The measures to be adopted in the event of the non-respect of the ‘Charter’ should include the suspension of payments and of commitments, the suspension of the disbursement of instalments or the early repayment of loans, a reduction of funding under existing commitments, and a prohibition on entering into new commitments with recipients or to enter into new agreements on loans or other instruments guaranteed by the Union budget. Furthermore, a specific complaints mechanism related to the respect of ‘Charter’ in the implementation of the budget should be set up without prejudice to the general possibility of citizens and stakeholders to address complaints to the Commission, including with regard to infringements of the ‘Charter’ to assist the Commission in monitoring the respect of the ‘Charter’. That assessment should be objective, impartial and fair, and should take into account relevant information from available sources and recognised institutions, as relevant, and conclusions and recommendations of relevant international organisations and networks, including and the Venice Commission, The Commission could consult the European Union Agency for Fundamental Rights and the Venice Commission if necessary for the purpose monitoring the respect of the ‘Charter’.
Amendment 109 #
2022/0162(COD)
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23 a) In light of the agreement of horizontal mainstreaming goal of gender equality as well as specific spending targets on climate for monitoring climate- spending (mitigation and adaptation) and its performance and expenditure contributing to halting and reversing the decline of biodiversity the Commission should establish a set of scientifically sound indicators to underpin its effective methodology that allow for reliable and transparent measurement of ex-ante, result and impact of the EU budget with a clear definition and differentiation. It should do so for any other mainstreaming or spending targets as agreed.
Amendment 110 #
2022/0162(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Considering the importance of addressing climate and environmental challenges and in order to ensure that budget implementation contributes to the achievement of the European Green Deal30 as well the Unions’ climate and energy targets and to the achievement of climate neutrality by 2050 latest, the concept of performance as regards the budget should be extended to include the implementation of programmes and activities in a sustainable way, which would not hinder the achievement of the environmental objectives of climate change mitigation, climate change adaptation, the sustainable use and protection of water and marine resources, the transition to a circular economy, pollution prevention and control and the protection and restoration of biodiversity and ecosystems. _________________ 30 The European Green deal, 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, COM/2019/640 final.
Amendment 111 #
2022/0162(COD)
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24 a) Gender mainstreaming should be better reflected in the drafting and implementation of the budget and underpinned by systematic and comprehensive gender disaggregated data. As a start the gender of all natural persons as well as beneficial owners of companies receiving funding from the EU budget should be available to retrieve information on beneficiaries in a gender- disaggregated manner from the reporting tools. The impact on gender equality and needs to be complemented further comprehensive collection of data regarding the impact of the budget.
Amendment 114 #
2022/0162(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) Without prejudice to the rules on the protection of personal data, the utmost transparency regarding information on recipients should be sought. The information on recipients of Union funds should be published on a dedicated website of Union institutions, such as the Financial Transparency System. Publication requirements should cover all methods of budget implementation, including by other Union institutions and bodies. To that end, Member States, persons and entities implementing the budget and other Union institutions and bodies should transmit to the Commission, at least on a yearly basis, information on their recipients of Union funding. That information should include at least the name , a unique identifier and the locality of the recipient, the gender of the recipient, if the recipient is a natural person, the amount committed and the purpose of the measure. That information should take into account relevant criteria such as the periodicity, the type and the importance of the measure.
Amendment 120 #
2022/0162(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) In view of the increased volume of borrowing and lending operations carried out by the Commission on behalf of the Union to finance the recovery from the COVID-19 pandemic, transparency regarding those operations should be further enhanced. To address the increased complexity of those operations and in order to ensure better visibility of their content, a comprehensive overview of borrowing and lending operations carried out by the Commission including as a minimum, detailed information on maturities, outstanding debt, interest due, the borrowing plan including revenue sources for repayment, a liquidity forecast and certified by the Chief Risk Officer should be added to the document annexed to the section of the budget relating to the Commission.
Amendment 127 #
2022/0162(COD)
Proposal for a regulation
Recital 246
Recital 246
(246) The Union should be able to participate in global initiatives, when such participation contributes to the achievement of Union policy objectives, in particular for commitments under the umbrella of the United Nations. In order to provide a suitable legal framework for Union participation in global initiatives, Union contribution to such initiatives should be included as a new budget implementation instrument. The use of this new financial vehicle would be subject to conditions and limited to cases where other instruments provided in the Financial Regulation do not enable the achievement of the respective EU policy objectives with the same scale and impact.
Amendment 144 #
2022/0162(COD)
Proposal for a regulation
Article 6 – title
Article 6 – title
Respect for budgetary principles and general regime of conditionality for the protection of the Union budget and respect of fundamental rights
Amendment 145 #
2022/0162(COD)
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2 a. The Commission and the Member States shall ensure respect for fundamental rights including non- discrimination, and compliance with the Charter of Fundamental Rights of the European Union in the implementation of the EU budget. Only actions selected and implemented while respecting the Charter shall be eligible for funding. The Commission shall establish the ineligibilty of expenditure and shall proceed the adaption of appropriate measures. The Commission shall be responsible for monitoring compliance with the Charter and shall ensure the effective and efficient examination of complaints. This is without prejudice to the general possibility of citizens and stakeholders to address complaints to the Commission, including with regard to infringements of the Charter.
Amendment 152 #
2022/0162(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
Amendment 159 #
2022/0162(COD)
Proposal for a regulation
Article 33 – paragraph 2 – point a
Article 33 – paragraph 2 – point a
(a) objectives for programmes and activities including horizontal mainstreaming and spending targets shall be established ex ante;
Amendment 160 #
2022/0162(COD)
Proposal for a regulation
Article 33 – paragraph 2 – point b
Article 33 – paragraph 2 – point b
(b) progress in the achievement of objectives including horizontal spending and mainstreaming targets shall be monitored with performance indicators;
Amendment 161 #
2022/0162(COD)
Proposal for a regulation
Article 33 – paragraph 2 – point c
Article 33 – paragraph 2 – point c
(c) progress in, and problems with, the achievement of objectives including horizontal objectives and spending targets shall be reported to the European Parliament and to the Council in accordance with Article 41(3), first subparagraph, point (h), and with Article 253(1), point (e);
Amendment 166 #
2022/0162(COD)
Proposal for a regulation
Article 33 – paragraph 2 – point d
Article 33 – paragraph 2 – point d
(d) programmes and activities shouldall be implemented to achieve their set objectives without doing significant harm to the environmental objectives of climate change mitigation, climate change adaptation, the sustainable use and protection of water and marine resources, the transition to a circular economy, pollution prevention and control and the protection and restoration of biodiversity and ecosystems, as set out in Article 9 of Regulation (EU) 2020/852 of the European Parliament and of the Council51 . _________________ 51 Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU) 2019/2088 (Text with EEA relevance), OJ L 198, 22.6.2020, p. 13.
Amendment 168 #
2022/0162(COD)
Proposal for a regulation
Article 33 – paragraph 3
Article 33 – paragraph 3
3. Specific, measurable, attainable, relevant and time-bound objectives as referred to in paragraphs 1 and 2 and relevant, accepted, science-based, credible, easy and robust indicators as well as the basis of an effective, transparent and comprehensive methodology to estimate ex-ante and to measure results and impact shall be defined where relevant.
Amendment 169 #
2022/0162(COD)
Proposal for a regulation
Article 34 – paragraph 2 – subparagraph 2
Article 34 – paragraph 2 – subparagraph 2
For major programmes or activities that are expected to have significant economic, environmental or social impacts, the ex ante evaluation mayshall take the form of an impact assessment that, in addition to meeting the requirements set out in the first subparagraph, analyses the various options concerning the methods of implementation.
Amendment 170 #
2022/0162(COD)
Proposal for a regulation
Article 36 – paragraph 2 – point d
Article 36 – paragraph 2 – point d
(d) prevention, detection, correction and follow-up of fraud , corruption, conflicts of interest, double funding and, other irregularities and criminal activities, including through the electronic recording and storage of data on the recipients of Union funds including their beneficial owners, as defined in Article 3, point (6), of Directive (EU) 2015/849 , and through the use of a single integrated IT system for data-mining and risk-scoring provided by the Commission to access and analyse those data ;
Amendment 171 #
2022/0162(COD)
Proposal for a regulation
Article 36 – paragraph 3 – point b a (new)
Article 36 – paragraph 3 – point b a (new)
(b a) procedures for detecting and preventing of conflicts of interests;
Amendment 172 #
2022/0162(COD)
Proposal for a regulation
Article 36 – paragraph 6 – introductory part
Article 36 – paragraph 6 – introductory part
6. For the purposes of point (d) of paragraph 2, the following data shall be recorded and stored electronically in an open, interoperable and machine-readable format and regularly made available in real time in the single integrated IT system for data-mining and risk-scoring provided by the Commission:
Amendment 173 #
2022/0162(COD)
Proposal for a regulation
Article 36 – paragraph 6 – point a
Article 36 – paragraph 6 – point a
(a) the recipient’s full legal name in the case of legal persons, the first and last name in the case of natural persons, their VAT identification number or tax identification number where available or another unique identifier at country level and the amount of funding. If a natural person, also the date of birth and gender;
Amendment 178 #
2022/0162(COD)
Proposal for a regulation
Article 36 – paragraph 6 – point b
Article 36 – paragraph 6 – point b
(b) the first name(s), last name(s), date of birth, gender and VAT identification number(s) or tax identification number(s) where available or another unique identifier at country level of beneficial owner(s) of the recipients, where the recipients are not natural persons.
Amendment 179 #
2022/0162(COD)
Proposal for a regulation
Article 36 – paragraph 6 – point b a (new)
Article 36 – paragraph 6 – point b a (new)
(b a) Where no beneficial owner is identified, the single integrated IT system shall include: (i) a statement accompanied by a justification, that there is no beneficial owner or that the beneficial owner(s) could not be identified and verified; (ii) the details of the natural person(s) who hold the position of senior managing official(s) in the corporate or legal entity.
Amendment 182 #
2022/0162(COD)
Proposal for a regulation
Article 36 – paragraph 7 – subparagraph 2
Article 36 – paragraph 7 – subparagraph 2
The use of and access to the data processed by the single integrated IT system for data- mining and risk-scoring shall comply with applicable data protection rules and shall be limited to the Commission or an executive agency as referred to in Article 69, the Member States implementing the budget pursuant to Article 62(1), first subparagraph, point (b), the Member States that receive and implement Union funds pursuant to budget implementation under Article 62(1), first subparagraph, point (a), the persons or entities implementing the budget pursuant to Article 62(1), first subparagraph, point (c), OLAF, the Court of Auditors, EPPO and other Union investigative and control bodies, within the exercise of their respective competences. Access to the tool shall also be granted on a case-by-case basis to those who can demonstrate a legitimate interest such as being a civil society organisation or journalist working in fields such as anti- corruption, the use of public funds or similar public interests.
Amendment 188 #
2022/0162(COD)
Proposal for a regulation
Article 36 – paragraph 10 a (new)
Article 36 – paragraph 10 a (new)
10 a. The Commission shall report annually, no later than 30 September, to the European Parliament and to the Council on the aggregated information and figures on the recipients of funds, contractors, sub-contractors and the beneficial owners, across different Union- funded projects and programmes implemented in the preceding financial year. This information shall also be made publicly available.
Amendment 193 #
2022/0162(COD)
Proposal for a regulation
Article 38 – paragraph 2 – introductory part
Article 38 – paragraph 2 – introductory part
2. Save in the cases referred to in paragraph 3 , the following information shall be published in an open, interoperable and machine-readable format, which allows data to be sorted, searched, extracted, compared and reused available for reuse via suitable APIs and, where relevant, as a bulk download, having due regard for the requirements of confidentiality and security, in particular the protection of personal data:
Amendment 194 #
2022/0162(COD)
Proposal for a regulation
Article 38 – paragraph 2 – point a
Article 38 – paragraph 2 – point a
(a) whether the final recipient is a natural or a legal person;
Amendment 195 #
2022/0162(COD)
Proposal for a regulation
Article 38 – paragraph 2 – point b
Article 38 – paragraph 2 – point b
(b) the final recipient’s full legal name in the case of a legal person and their VAT identification number or tax identification number where available or another unique identifier established at country level, the first and last name of the recipient in the case of a natural person as well as their gender;
Amendment 197 #
2022/0162(COD)
Proposal for a regulation
Article 38 – paragraph 2 – point e a (new)
Article 38 – paragraph 2 – point e a (new)
(e a) In case the recipient is a legal person, the full name, and address of the final beneficial owner.
Amendment 199 #
2022/0162(COD)
Proposal for a regulation
Article 38 – paragraph 3 – subparagraph 1 – point c
Article 38 – paragraph 3 – subparagraph 1 – point c
(c) financial support provided through financial instruments or budgetary guarantees for an amount lower than EUR 2500 000 aggregate;
Amendment 202 #
2022/0162(COD)
Proposal for a regulation
Article 38 – paragraph 3 – subparagraph 1 – point d
Article 38 – paragraph 3 – subparagraph 1 – point d
(d) where disclosure risks threatening the rights and freedoms of the persons or entities concerned as protected by the Charter of Fundamental Rights of the European Union or harming the commercial interests of the recipients;
Amendment 212 #
2022/0162(COD)
Proposal for a regulation
Article 52 – paragraph 1 – point d – point iii – indent 3
Article 52 – paragraph 1 – point d – point iii – indent 3
— a comprehensive overview of borrowing and lending operations including at least detailed information on maturities, outstanding debt, interest due, the borrowing plan including revenue sources, a liquidity forecast and certified by the Chief Risk Officer ;
Amendment 214 #
2022/0162(COD)
Proposal for a regulation
Article 61 – paragraph 2
Article 61 – paragraph 2
2. Where there is a risk of a conflict of interests involving a member of staff of a national authority, the person in question or anyone aware of the risk shall refer the matter to his or her hierarchical superior and competent authority at national level. In case risks of conflicts of interests are based on economic reasons or political affinity, such a case shall also be referred to a competent authority at EU level. Where such a risk exists for an office holder at both national or EU level, the person in question or anyone aware of the risk shall refer the matter to the relevant EU authority. Where such a risk exists for staff covered by the Staff Regulations, the person in question shall refer the matter to the relevant authorising officer by delegation. The relevant hierarchical superior or the authorising officer by delegation shall confirm in writing whether a conflict of interests is found to exist. Where a conflict of interests is found to exist, the appointing authority or the relevant national or EU authority shall ensure that the person in question ceasesd all activity in the matter. The relevant authorising officer by delegation or the relevant national authority shall ensure that any further appropriate action is taken in accordance with the applicable law , including, in the cases involving a member of staff of a national authority, with the national law relating to conflict of interests . .
Amendment 223 #
2022/0162(COD)
Proposal for a regulation
Article 119 – paragraph 9
Article 119 – paragraph 9
9. The reports and findings of the internal auditor, as well as the report of the Union institution concerned, shall be accessible to the public only after validation by the internal auditor of the action taken for their implementationce the internal auditor has issued the final report.
Amendment 230 #
2022/0162(COD)
Proposal for a regulation
Article 133 – paragraph 2 – introductory part
Article 133 – paragraph 2 – introductory part
2. Where, after the award, the award procedure proves to have been subject to irregularities or fraud, the authorising officer responsible mayshall immediately take one of the following actions and report back to OLAF:
Amendment 231 #
2022/0162(COD)
Proposal for a regulation
Article 133 – paragraph 3 – subparagraph 1 – introductory part
Article 133 – paragraph 3 – subparagraph 1 – introductory part
The authorising officer responsible mayshall suspend payments or delivery or the implementation of the legal commitment where:
Amendment 235 #
2022/0162(COD)
Proposal for a regulation
Article 138 – paragraph 2 – subparagraph 4 – point l
Article 138 – paragraph 2 – subparagraph 4 – point l
(l) beneficial owners and affiliated entities of the person or entity referred to in point (k) and (j).
Amendment 237 #
2022/0162(COD)
Proposal for a regulation
Article 139 – paragraph 1 – point e – point iii
Article 139 – paragraph 1 – point e – point iii
(iii) been discovered by the Commission, an authorising officer, OLAF or the Court of Auditors or any other Union Institution or Body following checks, audits or investigations;
Amendment 243 #
2022/0162(COD)
Proposal for a regulation
Article 142 – paragraph 1 – subparagraph 1 – point b – point i
Article 142 – paragraph 1 – subparagraph 1 – point b – point i
(i) five years for the cases referred to in Article 139(1), points (c), (d) and (i) ;
Amendment 244 #
2022/0162(COD)
Proposal for a regulation
Article 142 – paragraph 2 – subparagraph 4
Article 142 – paragraph 2 – subparagraph 4
Where the conduct of a person or entity referred to in Article 138(2) of this Regulation concerned qualifies under several of the grounds listed in Article 139(1) of this Regulation, the limitation period applicable to the most serious of those groundsa permanent exclusion shall apply.
Amendment 245 #
2022/0162(COD)
Proposal for a regulation
Article 143 – paragraph 1 – subparagraph 1 – introductory part
Article 143 – paragraph 1 – subparagraph 1 – introductory part
In order to, where necessary, reinforce the deterrent effect of the exclusion and/or financial penalty, the Commission shall, subject to a decision of the authorising officer responsible, publish on its website the following information related to the exclusion and, where applicable, the financial penalty in the cases referred to in points (c) to (h) of Article 139(1):
Amendment 247 #
2022/0162(COD)
Proposal for a regulation
Article 143 – paragraph 1 – subparagraph 1 – point b
Article 143 – paragraph 1 – subparagraph 1 – point b
(b) the exclusion situation including the ground for an exclusion ;
Amendment 248 #
2022/0162(COD)
Proposal for a regulation
Article 143 – paragraph 1 – subparagraph 3
Article 143 – paragraph 1 – subparagraph 3
The decision to publish the information shall be taken by the authorising officinformation refer responsible either followd to ing the relevant final judgment or, where applicable, final administrative decision, or following the recommendation of the panel referred to in Article 146, as the case may be. That decision shall take effectis paragraph shall be published three months after its notification to the person or entity concerned, as referred to in Article 138(2).
Amendment 249 #
2022/0162(COD)
Proposal for a regulation
Article 143 – paragraph 2 – introductory part
Article 143 – paragraph 2 – introductory part
2. The exceptions to publishing information referred to in paragraph 1 of this Article shall not be published in any of the following circumstancesare the following:
Amendment 250 #
2022/0162(COD)
Proposal for a regulation
Article 143 – paragraph 2 – point c
Article 143 – paragraph 2 – point c
Amendment 251 #
2022/0162(COD)
Proposal for a regulation
Article 143 – paragraph 2 – subparagraph 1 (new)
Article 143 – paragraph 2 – subparagraph 1 (new)
The decision whether the exception from the paragraph above applies shall be taken by the authorising officer responsible either following the relevant final judgment or, where applicable, final administrative decision, or following the recommendation of the panel referred to in Article 146, as the case may be.
Amendment 254 #
2022/0162(COD)
Proposal for a regulation
Article 145 – paragraph 6 – subparagraph 2
Article 145 – paragraph 6 – subparagraph 2
The information referred to in the first subparagraph of this paragraph shall be provided with due regard to confidentiality requirements andbut shall, in particular, not allow for the identification of the person or entity concerned, as referred to in Article 138(2) unless they fall under one of the exceptions listed in Article 143(2).
Amendment 255 #
2022/0162(COD)
Proposal for a regulation
Article 149
Article 149
Amendment 256 #
2022/0162(COD)
Proposal for a regulation
Article 151 a (new)
Article 151 a (new)
Amendment 264 #
2022/0162(COD)
Proposal for a regulation
Article 159 – paragraph 6
Article 159 – paragraph 6
6. The requirements of paragraph 6 of Article 38 shall apply to persons or entities implementing Union funds pursuant to Article 62(1), first subparagraph, point c), where the financial support directly provided by persons or entities to third parties is of an amount higher than EUR 2500 000 aggregate.
Amendment 280 #
2022/0162(COD)
Proposal for a regulation
Article 240 – paragraph 1
Article 240 – paragraph 1
(1) To reply to the enhanced need to coordinate external actions with multiples partners to effevtively address global challenges with appropriate scale the Union may make contributions in the form of financing not linked to costs to multi- donor, pooled funded global initiatives when these support the achievement of Union policy objectives and where budget implementation instruments provided for in other Titles of this Regulation would not be sufficient to achieve such Union policy objectives.
Amendment 281 #
2022/0162(COD)
Proposal for a regulation
Article 240 – paragraph 2 – subparagraph 1 – point i
Article 240 – paragraph 2 – subparagraph 1 – point i
Amendment 283 #
2022/0162(COD)
Proposal for a regulation
Article 244 – paragraph 2 a (new)
Article 244 – paragraph 2 a (new)
2 a. In the case of supplies of non- perishable supplies and in keeping with the accounting rules and standards referred to in Article 80, Union institutions and bodies may not provide non-financial donations before the depreciable amount of a supply represents 20 % of the supply cost allocated when the supply was ready for use
Amendment 63 #
2022/0155(COD)
Proposal for a regulation
Recital 59
Recital 59
(59) To support the implementation of this Regulation and contribute to the achievement of its objectives, the EU Centre should serve as a central facilitator, carrying out a range of specific tasks. The performance of those tasks requires strong guarantees of independence, in particular from law enforcement authorities, as well as a governance structure ensuring the effective, efficient and coherent performance of its different tasks, and legal personality to be able to interact effectively with all relevant stakeholders as well as an autonomous budget. Therefore, it should be established as a decentralised Union agency and provided with the necessary human and financial resources to fulfil the objectives, tasks and responsibilities assigned to it under this Regulation. It should be mainly 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. In order to ensure that the Agency can respond flexibly to human resource needs, it is in particular appropriate that it has autonomy regarding the recruitment of contract agents.
Amendment 69 #
2022/0155(COD)
Proposal for a regulation
Recital 70 a (new)
Recital 70 a (new)
Amendment 71 #
2022/0155(COD)
Proposal for a regulation
Recital 74 a (new)
Recital 74 a (new)
(74 a) In view of the need for a more effective EU Centre it is necessary to establish a Survivors' Advisory Board.Through the structured involvement of victims and former victims of sexualised violence, the EU Centre should serve as a platform to offer holistic support for the fight against child sexual abuse in all Member States. The Survivors’ Advisory Council may support the EU Centre’s activities to facilitate cross-border cooperation for existing national networks and the exchange of best practice. It may also raise awareness for child sexual abuse by serving as a knowledge platform through the coordination, collection and synthethis of research.
Amendment 76 #
2022/0155(COD)
Proposal for a regulation
Article 43 – paragraph 1 – point 1 – point a
Article 43 – paragraph 1 – point 1 – point a
(a) supporting the Commission in the preparation of the guidelines referred to in Article 3(8), Article 4(5), Article 6(4) and Article 11, including by collecting and providing relevant information, expertise and best practices, taking into account advice from the Technology Committee and the Survivors’ Advisory Board referred to in Articles 66 and 66a (new);
Amendment 80 #
2022/0155(COD)
Proposal for a regulation
Article 55 – paragraph 1 – point d a (new)
Article 55 – paragraph 1 – point d a (new)
(d a) a Survivors’ Advisory Board which shall exercise the tasks set out in Article 66a (new).
Amendment 82 #
2022/0155(COD)
Proposal for a regulation
Article 57 – paragraph 1 – point c
Article 57 – paragraph 1 – point c
(c) adopt rules for the prevention and management of conflicts of interest in respect of its members, as well as for the members of the Technological Committee and of any other advisory group it may establishthe Survivors’ advisory Board and publish annually on its website the declaration of interests of the members of the Management Board;
Amendment 83 #
2022/0155(COD)
Proposal for a regulation
Article 57 – paragraph 1 – point f
Article 57 – paragraph 1 – point f
(f) appoint the members of the Technology Committee, and of any other advisory group it may establishthe Survivors’ advisory Board;
Amendment 84 #
2022/0155(COD)
Proposal for a regulation
Article 57 – paragraph 1 – point h a (new)
Article 57 – paragraph 1 – point h a (new)
(h a) consult the Survivors’ Advisory Board as regards the obligations referred to in points (a), (g) and (h) of this Article.
Amendment 85 #
2022/0155(COD)
Proposal for a regulation
Article 64 – paragraph 4 – point f
Article 64 – paragraph 4 – point f
(f) preparing the Consolidated Annual Activity Report (CAAR) on the EU Centre’s activities, including the activities of the Technology Committee and the Survivors’ Advisory Board, and presenting it to the Executive Board for assessment and adoption;
Amendment 88 #
2022/0155(COD)
Proposal for a regulation
Article 66 – paragraph 1
Article 66 – paragraph 1
1. The Technology Committee shall consist of technical experts appointed by the Management Board in view of their excellence and their independence from corporate interests, following the publication of a call for expressions of interest in the Official Journal of the European Union. Its members shall be appointed for a term of four years, renewable once. On the expiry of their term of office, members shall remain in office until they are replaced or until their appointments are renewed. If a member resigns before the expiry of his or her term of office, he or she shall be replaced for the remainder of the term by a member appointed by the Management Board.
Amendment 89 #
2022/0155(COD)
Proposal for a regulation
Article 66 – paragraph 2
Article 66 – paragraph 2
2. Procedures concerning the appointment of the members of the Technology Committee and its operation shall be further specified in the rules of procedure of the Management Board and shall be made public.
Amendment 90 #
2022/0155(COD)
Proposal for a regulation
Article 66 – paragraph 4
Article 66 – paragraph 4
4. When a member no longer meets the criteria of independence, he or she shall inform the Management Board. Alternatively, the Management Board may declare, on a proposal of at least one third of its members or of the Commission, a lack of independence and revoke the appointment of the person concerned. The Management Board shall appoint a new member for the remaining term of office in accordance with the procedure for ordinary members.
Amendment 91 #
2022/0155(COD)
Proposal for a regulation
Article 66 – paragraph 6 – point b a (new)
Article 66 – paragraph 6 – point b a (new)
(b a) provide an annual acitvity report to the Exectuive Director as part of the Consolidated Annual Activity Report;
Amendment 92 #
2022/0155(COD)
Proposal for a regulation
Article 66 a (new)
Article 66 a (new)
Amendment 636 #
2022/0155(COD)
Proposal for a regulation
Article 55 – paragraph 1 – point d a (new)
Article 55 – paragraph 1 – point d a (new)
(d a) a Survivors‘ Advisory Board as an advisory group, which shall exercise the tasks set out in Article 66a (new).
Amendment 637 #
2022/0155(COD)
Proposal for a regulation
Article 57 – paragraph 1 – point c
Article 57 – paragraph 1 – point c
(c) adopt rules for the prevention and management of conflicts of interest in respect of its members, as well as for the members of the Technological Committee and of any other advisory group it may establishthe Survivors’ Advisory Board and publish annually on its website the declaration of interests of the members of the Management Board;
Amendment 638 #
2022/0155(COD)
Proposal for a regulation
Article 57 – paragraph 1 – point f
Article 57 – paragraph 1 – point f
(f) appoint the members of the Technology Committee, and of any other advisory group it may establishthe Survivors’ Advisory Board;
Amendment 639 #
2022/0155(COD)
Proposal for a regulation
Article 57 – paragraph 1 – point h a (new)
Article 57 – paragraph 1 – point h a (new)
(h a) consult the Survivors’ Advisory Board as regards the obligations referred to in points (a) and (h) of this Article.
Amendment 640 #
2022/0155(COD)
Proposal for a regulation
Article 66 a (new)
Article 66 a (new)
Amendment 1763 #
2022/0155(COD)
Proposal for a regulation
Article 55 – paragraph 1 – point d a (new)
Article 55 – paragraph 1 – point d a (new)
(da) a Survivors Advisory Board, which shall exercise the tasks set out in Article 66a.
Amendment 1769 #
2022/0155(COD)
Proposal for a regulation
Article 56 – paragraph 1 – subparagraph 1 (new)
Article 56 – paragraph 1 – subparagraph 1 (new)
One member of the Technology Commitee and one member of the Survivors Advisory Board as established in Articles 66 and 66a may attend the meetings of the Management Board as observers.
Amendment 1777 #
2022/0155(COD)
Proposal for a regulation
Article 57 – paragraph 1 – point c
Article 57 – paragraph 1 – point c
(c) adopt rules for the prevention and management of conflicts of interest in respect of its members, as well as for the members of the Technological Committee and of any other advisory group it may establishthe Survivors’ Advisory Board and publish annually on its website the declaration of interests of the members of the Management Board;
Amendment 1783 #
2022/0155(COD)
Proposal for a regulation
Article 57 – paragraph 1 – point h a (new)
Article 57 – paragraph 1 – point h a (new)
(ha) consult the Survivors’ Advisory Board as regards the obligations referred to in points (a), and (h) of this Article.
Amendment 1805 #
2022/0155(COD)
Proposal for a regulation
Article 66 a (new)
Article 66 a (new)
Amendment 33 #
2022/0140(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) In health systems, personal electronic health data is usually gathered in electronic health records, which typically contain a natural person’s medical history, diagnoses and treatment, medications, allergies, immunisations, as well as radiology images and laboratory results, spread between different entities from the health system (general practitioners, hospitals, pharmacies, care services). In order to enable that electronic health data to be accessed, shared and changed by the natural persons or health professionals, some Member States have taken the necessary legal and technical measures and set up centralised infrastructures connecting EHR systems used by healthcare providers and natural persons. Alternatively, some Member States support public and private healthcare providers to set up personal health data spaces to enable interoperability between different healthcare providers. Several Member States have also supported or provided health data access services for patients and health professionals (for instance through patients or health professional portals). They have also taken measures to ensure that EHR systems or wellness applications are able to transmit electronic health data with the central EHR system (some Member States do this by ensuring, for instance, a system of certification). However, not all Member States have put in place such systems, and the Member States that have implemented them have done so in a fragmented manner. In order to facilitate the free movement of personal health data across the Union and avoid negative consequences for patients when receiving healthcare in cross-border context, Union action is needed in order to ensure individuals have improved acess to their own personal electronic health data and are empowered to share it.
Amendment 37 #
2022/0140(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Timely and full access of health professionals to the medical records of patients is fundamental for ensuring continuity of care and avoiding duplications and errors. However, due to a lack of interoperability, in many cases, health professionals cannot access the complete medical records of their patients and cannot make optimal medical decisions for their diagnosis and treatment, which adds considerable costs for both health systems and natural persons and may lead to worse health outcomes for natural persons. Electronic health data made available in interoperable format, which can be transmitted between healthcare providers can also reduce the administrative burden on health professionals of manually entering or copying health data between electronic systems. Therefore, health professionals should be provided with appropriate electronic means, such as health professional portals, to use personal electronic health data for the exercise of their duties. Moreover, the Commission and the Member States should agree on ambitious time-based targets to implement improved health data interoperability across the Union. The access to personal health records should be transparent to the natural persons and natural persons should be able to exercise full control over such access, including by limiting access to all or part of the personal electronic health data in their records. Health professionals should refrain from hindering the implementation of the rights of natural persons, such as refusing to take into account electronic health data originating from another Member State and provided in the interoperable and reliable European electronic health record exchange format.
Amendment 43 #
2022/0140(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Digital health authorities should have sufficient technical skills, possibly bringing together experts from different organisations. The activities of digital health authorities should be well-planned and monitored in order to ensure their efficiency. Digital health authorities should take necessary measures to ensuring rights of natural persons by setting up national, regional, and local technical solutions such as national EHR, patient portals, data intermediation systems. When doing so, they should apply common standards and specifications in such solutions, promote the application of the standards and specifications in procurements and use other innovative means including reimbursement of solutions that are compliant with interoperability and security requirements of the EHDS. To carry out their tasks, the digital health authorities should cooperate at national and Union level with other entities, including with insurance bodies, healthcare providers, manufacturers of EHR systems and wellness applications, as well as stakeholders from health or information technology sector, entities handling reimbursement schemes, health technology assessment bodies, medicinal products regulatory authorities and agencies, medical devices authorities, procurers and cybersecurity or e-ID authorities.
Amendment 45 #
2022/0140(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) In the context of MyHealth@EU, a central platform should provide a common infrastructure for the Member States to ensure connectivity and interoperability in an efficient and secure way. In order to guarantee compliance with data protection rules and to provide a risk management framework for the transmission of personal electronic health data, the Commission should, by means of implementing acts, allocate specific responsibilities among the Member States, as joint controllers, and prescribe its own obligations, as processor. Furthermore, to ensure the technological sovereignty of the Union and ensure the highest security standards, the platform should be licenced under an open source licence in line with the Open Source Strategy 2020-2023 (C(2020) 7149 final) and Commission decision 2021/C 495 I/01. This will increase transparency and ensure consumer trust and confidence in the platform.
Amendment 51 #
2022/0140(COD)
Proposal for a regulation
Recital 35
Recital 35
Amendment 52 #
2022/0140(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) The distribution of information on certified EHR systems and labelled wellness applications is necessary to enable procurers and users of such products to find interoperable solutions for their specific needs. A database of interoperable EHR systems and wellness applications, which are not falling within the scope of Regulations (EU) 2017/745 and […] [AI act COM/2021/206 final] should therefore be established at Union level, similar to the European database on medical devices (Eudamed) established by Regulation (EU) 2017/745. The objectives of the EU database of interoperable EHR systems and wellness applications should be to enhance overall transparency, to avoid multiple reporting requirements and to streamline and facilitate the flow of information. For medical devices and AI systems, the registration should be maintained under the existing databases established respectively under Regulations (EU) 2017/745 and […] [AI act COM/2021/206 final], but the compliance with interoperability requirements should be indicated when claimed by manufacturers, to provide information to procurers.
Amendment 54 #
2022/0140(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) The categories of electronic health data that can be processed for secondary use should be broad and flexible enough to accommodate the evolving needs of data users, while remaining limited to data related to health or known to influence health. It can also include relevant data from the health system (electronic health records, claims data, disease registries, genomic data etc.), as well as data with an impact on health (for example consumption of different substances, homelessness, health insurance, minimum income, professional status, behaviour, including environmental factors (for example, pollution, radiation, use of certain chemical substances). They can also include person- generated data, such as data from medical devices, wellness applications or other wearables and digital health applications. The data user who benefits from access to datasets provided under this Regulation could enrich the data with various corrections, annotations and other improvements, for instance by supplementing missing or incomplete data, thus improving the accuracy, completeness or quality of data in the dataset. To support the improvement of the original database and further use of the enriched dataset, the dataset with such improvements and a description of the changes should be made available free of charge to the original data holder. The data holder should make available the new dataset, unless it provides a justified notification against it to the health data access body, for instance in cases of low quality of the enrichment. Secondary use of non-personal electronic data should also be ensured. In particular, pathogen genomic data hold significant value for human health, as proven during the COVID-19 pandemic. Timely access to and sharing of such data has proven to be essential for the rapid development of detection tools, medical countermeasures and responses to public health threats. The greatest benefit from pathogen genomics effort will be achieved when public health and research processes share datasets and work mutually to inform and improve each other.
Amendment 61 #
2022/0140(COD)
Proposal for a regulation
Recital 73 a (new)
Recital 73 a (new)
(73 a) Consumers should be entitled to enforce their rights in relation to the obligations imposed on economic operators under this Regulation through representative actions in accordance with Directive (EU) 2020/1828 of the European Parliament and of the Council. For that purpose, this Regulation should provide that Directive (EU) 2020/1828 is applicable to the representative actions concerning infringements of the provisions of this Regulation that harm or can harm the collective interests of consumers. The Annex to that Directive should therefore be amended accordingly. It is for the Member States to ensure that that amendment is reflected in their transposition measures adopted in accordance with Directive (EU) 2020/1828, although the adoption of national transposition measures in this regard is not a condition for the applicability of that Directive to those representative actions. The applicability of Directive (EU) 2020/1828 to the representative actions brought against infringements by economic operators of provisions of this Regulation that harm or can harm the collective interests of consumers should start from the date of application of this Regulation.
Amendment 62 #
2022/0140(COD)
Proposal for a regulation
Article 1 – paragraph 3 – point a
Article 1 – paragraph 3 – point a
(a) manufacturers and suppliers of EHR systems and wellness applications placed on the market and put into service in the Union and the users of such products; (This amendment applies throughout the text.)
Amendment 64 #
2022/0140(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
(b) ‘non-personal electronic health data’ means data concerning health and genetic data in electronic formatin electronic format relevant for health research that falls outside the definition of personal data provided in Article 4(1) of Regulation (EU) 2016/679;
Amendment 65 #
2022/0140(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point h
Article 2 – paragraph 2 – point h
(h) ‘registration of electronic health data’ means the recording of health data in an electronic format, through manual entry of data, through the collection of data by a device, or through the conversion of non- electronic health data into an electronic format, to be processed in an EHR system or a wellness application;
Amendment 67 #
2022/0140(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point m
Article 2 – paragraph 2 – point m
(m) ‘EHR’ (electronic health record) means an electronic collection of electronic health data related to a natural person and collected in the health system, processed for healthcare purposes;
Amendment 71 #
2022/0140(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point o
Article 2 – paragraph 2 – point o
Amendment 74 #
2022/0140(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point ae a (new)
Article 2 – paragraph 2 – point ae a (new)
(ae a) ‘common specifications’ (CS) means a set of technical and/or clinical requirements, other than a standard, that provides a means of complying with the legal obligations applicable to an EHR system.
Amendment 80 #
2022/0140(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The Commission shall establish a central platform for digital health to provide services to support and facilitate the exchange of electronic health data between national contact points for digital health of the Member States. The central platform shall be licenced under an open- source licence and published in the Open Source code repository of the EU institutions.
Amendment 83 #
2022/0140(COD)
Proposal for a regulation
Chapter III – title
Chapter III – title
III EHR systems and wellness applications
Amendment 85 #
2022/0140(COD)
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. PNotwithstanding the obligations laid down in Regulation [AI act COM/2021/206 final], providers of high- risk AI systems as defined in Article 6 of Regulation […] [AI act COM/2021/206 final], which does not fall within the scope of Regulation (EU) 2017/745, that claim interoperability of those AI systems with EHR systems will need to prove compliance with the essential requirements on interoperability laid down in Section 2 of Annex II of this Regulation. Article 23 of this Chapter shall be applicable to those high-risk AI systems.
Amendment 87 #
2022/0140(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. EHR systems may be placed on the market or put into service only if they comply with the provisions laid down in this Chapter and in Annex II.
Amendment 88 #
2022/0140(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
(b) draw up and keep up to date the technical documentation of their EHR systems in accordance with Article 24;
Amendment 89 #
2022/0140(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point c
Article 17 – paragraph 1 – point c
(c) ensure that their EHR systems are accompanied, free of charge for the user, by the information sheet provided for in Article 25 and by clear and complete instructions for use in accessible formats for persons with disabilities;
Amendment 90 #
2022/0140(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point g
Article 17 – paragraph 1 – point g
(g) take without undue dimmediatelay any necessary corrective action in respect of their EHR systems whichen manufacturers consider or have reasons to believe that such systems are not in conformity with the essential requirements laid down in Annex II, or recall or withdraw such systems;
Amendment 91 #
2022/0140(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point h
Article 17 – paragraph 1 – point h
(h) immediately inform the distributors of their EHR systems and, where applicable, the authorised representative and importers of any corrective action, recall or withdrawal;
Amendment 92 #
2022/0140(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point i
Article 17 – paragraph 1 – point i
(i) immediately inform the market surveillance authorities of the Member States in which they made their EHR systems available or put them into service of the non- conformity and of any corrective action taken;
Amendment 93 #
2022/0140(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point i a (new)
Article 17 – paragraph 1 – point i a (new)
(i a) immediately inform the market surveillance authorities of the Member States in which they made their EHR systems available, where manufacturers consider or have reasons to believe that such systems present a risk to the health or safety of natural persons or to other aspects of public interest protection;
Amendment 94 #
2022/0140(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point j
Article 17 – paragraph 1 – point j
(j) upon request of a market surveillance authority, provide itat least 6 months before placing on the market or putting into service their EHR systems, provide market surveillance authorities of the Member States concerned with all the information and documentation necessary to demonstrate the conformity of their EHR system with the essential requirements laid down in Annex II.
Amendment 97 #
2022/0140(COD)
Proposal for a regulation
Article 17 – paragraph 1 a (new)
Article 17 – paragraph 1 a (new)
1 a. If the manufacturer fails to cooperate with market surveillance authorities or if the information and documentation provided is incomplete or incorrect, market surveillance authorities shall take all appropriate measures to prohibit or restrict the relevant EHR system from being available on the market, to withdraw it from the market or to recall it until the manufacturer cooperates or provides complete and correct information;
Amendment 98 #
2022/0140(COD)
Proposal for a regulation
Article 17 – paragraph 3 a (new)
Article 17 – paragraph 3 a (new)
3 a. A manufacturer of EHR systems established outside of the Union shall ensure that its authorised representative has the necessary documentation permanently available in order to fulfil the tasks referred to in Article 18(2).
Amendment 99 #
2022/0140(COD)
Proposal for a regulation
Article 17 – paragraph 3 b (new)
Article 17 – paragraph 3 b (new)
3 b. Natural or legal persons may claim compensation for damage caused by a defective EHR system in accordance with applicable Union and national law. Manufacturers shall have measures in place to provide sufficient financial coverage in respect of their potential liability under Directive 85/374/EEC, without prejudice to more protective measures under national law.
Amendment 100 #
2022/0140(COD)
Proposal for a regulation
Article 17 – paragraph 3 c (new)
Article 17 – paragraph 3 c (new)
3 c. Manufacturers shall make publicly available communication channels such as a telephone number, electronic address or dedicated section of their website, taking into account accessibility needs for persons with disabilities, allowing users to file complaints and to inform them of risks related to their health and safety or to other aspects of public interest protection and of any serious incident involving an EHR system.
Amendment 101 #
2022/0140(COD)
Proposal for a regulation
Article 17 – paragraph 3 d (new)
Article 17 – paragraph 3 d (new)
3 d. Manufacturers shall investigate complaints and information on incidents involving an EHR system they made available on the market without undue delay and shall keep an internal register of those complaints as well as of systems recalls and any corrective measures taken to bring the EHR system into conformity.
Amendment 102 #
2022/0140(COD)
Proposal for a regulation
Article 17 – paragraph 3 e (new)
Article 17 – paragraph 3 e (new)
3 e. Personal data stored in the internal register of complaints shall only be those personal data that are necessary for the manufacturer to investigate the complaint. Such data shall only be kept as long as it is necessary for the purpose of investigation and no longer than 5 years after they have been encoded.
Amendment 103 #
2022/0140(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Prior to making an EHR system available on the Union market, a manufacturer of an EHR system established outsidWhere a manufacturer of an EHR system is established outside of the Union, the EHR system may only be made available ofn the Union shallmarket if the manufacturer appoints, by written mandate, appoint an authorised representative which is established in the Union.
Amendment 104 #
2022/0140(COD)
Proposal for a regulation
Article 18 – paragraph 2 – introductory part
Article 18 – paragraph 2 – introductory part
2. An authorised representative shall perform the tasks specified in the mandate received fromagreed with the manufacturer. The mandate shall allow the authorised representative to do at least the following:
Amendment 105 #
2022/0140(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point b
Article 18 – paragraph 2 – point b
(b) further to a reasoned request from a market surveillance authority, provide that authorityat least 6 months before placing an EHR system on the market or putting it into service, provide the market surveillance authorities of the Member States concerned with a copy of the mandate and with all the information and documentation necessary to demonstrate the conformity of an EHR system with the essential requirements laid down in Annex II in an official language which can be understood by that authority;
Amendment 107 #
2022/0140(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point b a (new)
Article 18 – paragraph 2 – point b a (new)
(b a) immediately inform the manufacturer if the authorised representative has a reason to believe that an EHR system presents a risk to the health or safety of natural persons or to other aspects of public interest protection or if it is aware of any serious incident involving an EHR system;
Amendment 108 #
2022/0140(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point b b (new)
Article 18 – paragraph 2 – point b b (new)
(b b) immediately inform the manufacturer about complaints received by users;
Amendment 109 #
2022/0140(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point c a (new)
Article 18 – paragraph 2 – point c a (new)
(c a) terminate the mandate if the manufacturer acts contrary to its obligations under this Regulation and immediately inform the market surveillance authority of the Member State in which is established.
Amendment 110 #
2022/0140(COD)
2 a. Where the manufacturer is not established in a Member State and has not complied with the obligations laid down in Article 17, the authorised representative shall be legally liable for non-compliance with this Regulation on the same basis as, and jointly and severally with, the manufacturer;
Amendment 111 #
2022/0140(COD)
Proposal for a regulation
Article 18 – paragraph 2 b (new)
Article 18 – paragraph 2 b (new)
2 b. In case of change of the authorised representative, the detailed arrangements for the change shall be clearly defined in an agreement between the manufacturer, or where practicable the outgoing authorised representative, and the incoming authorised representative.That agreement shall address at least the following aspects: (a) the date of termination of the mandate of the outgoing authorised representative and date of beginning of the mandate of the incoming authorised representative; (b) the transfer of documents, including confidentiality aspects and property rights;
Amendment 112 #
2022/0140(COD)
Proposal for a regulation
Article 19 – paragraph 2 – point a
Article 19 – paragraph 2 – point a
(a) the manufacturer has drawn up the technical documentation and the EU declaration of conformity and ensure that it is made available to market surveillance authorities at least 6 months before an EHR system is placed on the market or put into service;
Amendment 113 #
2022/0140(COD)
Proposal for a regulation
Article 19 – paragraph 2 – point a a (new)
Article 19 – paragraph 2 – point a a (new)
(a a) the manufacturer is identified and an authorised representative in accordance with Article 18 has been appointed;
Amendment 114 #
2022/0140(COD)
Proposal for a regulation
Article 19 – paragraph 2 – point c
Article 19 – paragraph 2 – point c
(c) the EHR system is accompanied by the information sheet referred to in Article 25 and appropriaby clear and complete instructions for use. in accessible formats for persons with disabilities.
Amendment 115 #
2022/0140(COD)
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. Importers shall indicate their name, registered trade name or registered trade mark and the address, the postal and electronic address and the telephone number at which they can be contacted in a document accompanying the EHR system. They shall ensure that any additional label does not obscure any information on the label provided by the manufacturer.
Amendment 116 #
2022/0140(COD)
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
5. Where an importer considers or has reason to believe that an EHR system is not in conformity with the essential requirements in Annex II, it shall not make that system available on the market until that system has been brought into conformity. The importer shall inform without undue delaymmediately inform the manufacturer of such EHR system and the market surveillance authorities of the Member State in which it made the EHR system available, to that effect. Where an importer considers or has reason to believe that an EHR system presents a risk to the health or safety of natural persons or to other aspects of public interest protection, it shall immediately inform the market surveillance authority of the Member State in which the importer is established, as well as the manufacturer and where applicable, the authorised representative.
Amendment 117 #
2022/0140(COD)
Proposal for a regulation
Article 19 – paragraph 7
Article 19 – paragraph 7
7. Importers shall, further to a reasoned request from a market surveillance authority, provide itat least 6 months before placing on the market or putting into service an EHR system, provide market surveillance authorities of the Member States concerned with all the information and documentation necessary to demonstrate the conformity of an EHR system in the official language of the Member State where the market surveillance authority is located. TheyImporters shall cooperate with that authority, at its request, and with the manufacturer and, where applicable, with the manufacturer’s authorised representative on any action taken to bring their EHR systems in conformity with the essential requirements laid down in Annex II, or to ensure that their EHR systems are withdrawn or recalled.
Amendment 119 #
2022/0140(COD)
Proposal for a regulation
Article 19 – paragraph 7 a (new)
Article 19 – paragraph 7 a (new)
7 a. If the importer fails to cooperate with market surveillance authorities or if the information and documentation provided is incomplete or incorrect, market surveillance authorities shall take all appropriate measures to prohibit or restrict its EHR system from being available on the market, to withdraw it from the market or to recall it until the importer cooperates or provides complete and correct information.
Amendment 120 #
2022/0140(COD)
Proposal for a regulation
Article 19 – paragraph 7 b (new)
Article 19 – paragraph 7 b (new)
7 b. Importers shall verify whether the communication channels referred to in Article 17(3c), are publicly available to users allowing them to submit complaints and communicate any risk related to their health and safety or to other aspects of public interest protection and of any serious incident involving an EHR system. If such channels are not available, the importer shall provide for them, taking into account accessibility needs for persons with disabilities.
Amendment 121 #
2022/0140(COD)
Proposal for a regulation
Article 19 – paragraph 7 c (new)
Article 19 – paragraph 7 c (new)
7 c. Importers shall investigate complaints and information on incidents involving an EHR system they made available on the market and file those complaints, as well as of systems recalls and any corrective measures taken to bring the EHR system into conformity, in the register referred to in Article 17(3e) or in their own internal register. Importers shall keep the manufacturer, distributors and, where relevant, authorised representatives informed in a timely manner of the investigation performed and of the results of the investigation.
Amendment 122 #
2022/0140(COD)
Proposal for a regulation
Article 19 – paragraph 7 d (new)
Article 19 – paragraph 7 d (new)
7 d. Personal data stored in the internal register of complaints shall only be those personal data that are necessary for the importer to investigate the complaint. Such data shall only be kept as long as it is necessary for the purpose of investigation and no longer than five years after they have been encoded.
Amendment 123 #
2022/0140(COD)
Proposal for a regulation
Article 20 – paragraph 1 – point c
Article 20 – paragraph 1 – point c
(c) the EHR system is accompanied by the information sheet referred to in Article 25 and appropriaby clear and complete instructions for use in accessible formats for persons with disabilities;
Amendment 124 #
2022/0140(COD)
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. Where a distributor considers or has reason to believe that an EHR system is not in conformity with the essential requirements laid down in Annex II, it shall not make the EHR system available on the market until it has been brought into conformity. Furthermore, the distributor shall inform without undue delaymmediately inform the manufacturer or the importer, as well as the market surveillance authorities of the Member states where the EHR system has been made available on the market, to that effect. Where a distributor considers or has reason to believe that an EHR system presents a risk to the health or safety of natural persons or to other aspects of public interest protection, it shall immediately inform the market surveillance authority of the Member State in which the distributor is established, as well as the manufacturer, the importer and where applicable, the authorised representative.
Amendment 125 #
2022/0140(COD)
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. Distributors shall, further to a reasoned request from a market surveillance authority, provide it with all the information and documentation necessary to demonstrate the conformity of an EHR system. They shall cooperate with that authority, at its request, and with the manufacturer, the importer and, where applicable, with the manufacturer’s authorised representative on any action taken to bring their EHR systems in conformity with the essential requirements laid down in Annex II. or to ensure that their EHR systems are withdrawn or recalled.
Amendment 127 #
2022/0140(COD)
Proposal for a regulation
Article 20 – paragraph 4 a (new)
Article 20 – paragraph 4 a (new)
4 a. Distributors that have received complaints from users about suspected incidents involving an EHR system they made available on the market, shall immediately forward this information to the manufacturer and, where applicable, the manufacturer's authorised representative and the importer. They shall keep a register of complaints, of non-conforming EHR systems and of recalls and withdrawals, and keep the manufacturer and, where available, the authorised representative and the importer informed of such monitoring and provide them with any information upon their request.
Amendment 128 #
2022/0140(COD)
Proposal for a regulation
Article 21 – title
Article 21 – title
Cases in which obligations of manufacturers of an EHR system apply to importers and distribuother economic operators
Amendment 130 #
2022/0140(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
An importer or distributoeconomic operator other than the manufacturer shall be considered a manufacturer for the purposes of this Regulation and shall be subject to the obligations laid down in Article 17, where they made an EHR system available on the market under their own name or trademark or modify an EHR system already placed on the market in such a way that conformity with the applicable requirements may be affected.
Amendment 137 #
2022/0140(COD)
Proposal for a regulation
Article 23 – paragraph 5
Article 23 – paragraph 5
5. Where common specifications covering interoperability and security requirements of EHR systems affect medical devices or high-risk AI systems falling under other acts, such as Regulations (EU) 2017/745 or […] [AI Act COM/2021/206 final], the adoption of those common specifications mayshall be preceded by a consultation with the Medical Devices Coordination Group (MDCG) referred to in Article 103 of Regulation (EU) 2017/745 or the European Artificial Intelligence Board referred to in Article 56 of Regulation […] [AI Act COM/2021/206 final], as applicable, as well as the European Data Protection Board referred to in Article 68 of Regulation (EU) 2016/679 .
Amendment 138 #
2022/0140(COD)
Proposal for a regulation
Article 23 – paragraph 6
Article 23 – paragraph 6
6. Where common specifications covering interoperability and security requirements of medical devices or high- risk AI systems falling under other acts such as Regulation (EU) 2017/745 or Regulation […] [AI Act COM/2021/206 final], impact EHR systems, the adoption of those common specifications shall be preceded by a consultation with the EHDS Board, especially its subgroup for Chapters II and III of this Regulation, and, where applicable, the European Data Protection Board referred to in Article 68 of Regulation (EU) 2016/679.
Amendment 139 #
2022/0140(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. ThManufacturers shall draw up and keep up-to-date technical documentation shall be drawn up before the EHR system is placed on the market or put into service and shall be . The technical documentation shall be submitted to the markept up-to-datsurveillance authorities of the Member States concerned at least 6 months before an EHR system is placed on the market or put into service.
Amendment 140 #
2022/0140(COD)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. The technical documentation shall be drawn up in such a way as to demonstrate that the EHR system complies with the essential requirements laid down in Annex II and provide market surveillance authorities with all the necessary information to assess the conformity of the EHR system with those requirements. It shall contain, at a minimum, the elements set out in Annex III. In case the system or any part of it complies with European standards or common specifications, the list of the relevant European standards and common specifications shall also be indicated.
Amendment 141 #
2022/0140(COD)
Proposal for a regulation
Article 25 – paragraph 2 – point a
Article 25 – paragraph 2 – point a
(a) the identity, registered trade name or registered trademark, and the contact details of the manufacturer, including the postal and electronic address and the telephone number and, where applicable, of its authorised representative;
Amendment 142 #
2022/0140(COD)
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. The Commission is empowered to adopt delegated acts in accordance with Article 67 to supplement this Regulation by allowing manufacturers to enter the information referred to in paragraph 2 into the EU database of EHR systems and wellness applications referred to in Article 32, as an alternative to supplying the information sheet referred to in paragraph 1 with the EHR system.
Amendment 143 #
2022/0140(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. The EU declaration of conformity shall state that the manufacturer of the EHR system has demonstrated that the essential requirements laid down in Annex II have been fulfilled. The manufacturer shall regularly update the EU declaration of conformity.
Amendment 144 #
2022/0140(COD)
Proposal for a regulation
Article 26 – paragraph 4
Article 26 – paragraph 4
4. By drawing up the EU declaration of conformity, the manufacturer shall assume responsibility for the conformity ofcompliance with the requirements of this Regulation and of all Union acts applicable to the EHR system.
Amendment 145 #
2022/0140(COD)
Proposal for a regulation
Article 26 – paragraph 4 a (new)
Article 26 – paragraph 4 a (new)
4 a. The Commission is empowered to adopt delegated acts in accordance with Article 67 amending the minimum content of the EU declaration of conformity set out in Annex IV.
Amendment 147 #
2022/0140(COD)
Proposal for a regulation
Article 27 – paragraph 1 a (new)
Article 27 – paragraph 1 a (new)
1 a. The CE marking shall be affixed before making the EHR system available on the market.
Amendment 148 #
2022/0140(COD)
Proposal for a regulation
Article 27 – paragraph 2 a (new)
Article 27 – paragraph 2 a (new)
2 a. Where EHR systems are subject to other Union legislation in respect of aspects not covered by this Regulation, which also requires the affixing of the CE marking, the CE marking shall indicate that the systems also fulfil the requirements of that other legislation.
Amendment 151 #
2022/0140(COD)
Proposal for a regulation
Article 29 – paragraph 1 a (new)
Article 29 – paragraph 1 a (new)
1 a. Where a market surveillance authority, on the basis of the information and documentation demonstrating the conformity of an EHR system provided by the relevant economic operator, considers or has reason to believe that the EHR system presents a risk to the health or safety of natural persons or to other aspects of public interest protection, including before the EHR system is placed on the market or put into service, it shall perform all the necessary checks to ensure that the system is compliant with this Regulation.
Amendment 152 #
2022/0140(COD)
Proposal for a regulation
Article 29 – paragraph 1 b (new)
Article 29 – paragraph 1 b (new)
1 b. Where a market surveillance authority considers or has reason to believe that an EHR system has caused damage to the health or safety of natural persons or to other aspects of public interest protection, it shall immediately provide information and documentation, as applicable, to the affected person or user and, as appropriate, other third parties affected by the damage caused to the person or user, without prejudice to data protection rules.
Amendment 153 #
2022/0140(COD)
Proposal for a regulation
Article 29 – paragraph 4 – subparagraph 2
Article 29 – paragraph 4 – subparagraph 2
Such notification shall be made, without prejudice to incident notification requirements under Directive (EU) 2016/1148, immediately after the manufacturer has established a causal link between the EHR system and the serious incident or the reasonable likelihood of such a link, and, in any event, not later than 157 days after the manufacturer becomes aware of the serious incident involving the EHR system.
Amendment 154 #
2022/0140(COD)
Proposal for a regulation
Article 30 – paragraph 1 – introductory part
Article 30 – paragraph 1 – introductory part
1. Where a market surveillance authority makes, inter alia, one of the following findings, it shall require the manufacturer of the EHR system concerned, its authorised representative and all other relevant economic operators to put an end to the non-compliance concernedbring the EHR system into conformity:
Amendment 155 #
2022/0140(COD)
Proposal for a regulation
Article 30 – paragraph 1 – point a
Article 30 – paragraph 1 – point a
(a) the EHR system is not in conformity with essential requirements laid down in Annex II and with the common specifications in accordance with Article 23;
Amendment 156 #
2022/0140(COD)
Proposal for a regulation
Article 30 – paragraph 1 – point b
Article 30 – paragraph 1 – point b
(b) the technical documentation is either not available or not complete, or not in accordance with Article 24;
Amendment 157 #
2022/0140(COD)
Proposal for a regulation
Article 30 – paragraph 1 – point b a (new)
Article 30 – paragraph 1 – point b a (new)
Amendment 158 #
2022/0140(COD)
Proposal for a regulation
Article 30 – paragraph 1 – point c
Article 30 – paragraph 1 – point c
(c) the EU declaration of conformity has not been drawn up or has not been drawn up correctly as referred to in Article 26;
Amendment 159 #
2022/0140(COD)
Proposal for a regulation
Article 30 – paragraph 1 – point d a (new)
Article 30 – paragraph 1 – point d a (new)
(d a) the registration obligations of Article 32 has not been fulfilled.
Amendment 160 #
2022/0140(COD)
Proposal for a regulation
Article 31
Article 31
Amendment 163 #
2022/0140(COD)
Proposal for a regulation
Article 32 – title
Article 32 – title
Registration of EHR systems and wellness applications
Amendment 164 #
2022/0140(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. The Commission shall establish and maintain a publicly available database with information on EHR systems for which an EU declaration of conformity has been issued pursuant to Article 26 and wellness applications for which a label has been issued pursuant to Article 31.
Amendment 165 #
2022/0140(COD)
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. Before placing on the market or putting into service an EHR system referred to in Article 14 or a wellness application referred to in Article 31, the manufacturer of such EHR system or wellness application or, where applicable, its authorised representative shall register the required data into the EU database referred to in paragraph 1.
Amendment 166 #
2022/0140(COD)
Proposal for a regulation
Article 32 – paragraph 4
Article 32 – paragraph 4
4. The Commission is empowered to adopt delegated acts in accordance with Article 67 to determine the list of required data to be registered by the manufacturers of EHR systems and wellness applications pursuant to paragraph 2.
Amendment 191 #
2022/0140(COD)
Proposal for a regulation
Article 64 – paragraph 1
Article 64 – paragraph 1
1. A European Health Data Space Board (EHDS Board) is hereby established to facilitate cooperation and the exchange of information among Member States. The EHDS Board shall be composed of the high level representatives of digital health authorities and health data access bodies of all the Member States. Other national authorities, including market surveillance authorities referred to in Article 28, European Data Protection Board and European Data Protection Supervisor mayshall be invited to the meetings, where the issues discussed are of relevance for them. The Board may also invite experts and observers to attend its meetings, and may cooperate with other external experts as appropriate. Other Union institutions, bodies, offices and agencies, research infrastructures and other similar structures shall have an observer role.
Amendment 195 #
2022/0140(COD)
Proposal for a regulation
Article 69 – paragraph 1
Article 69 – paragraph 1
Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are properly and effectively implemented. The penalties shall be effective, proportionate and dissuasive. Member States shall notify the Commission of those rules and measures by date of application of this Regulation and shall notify the Commission without delay of any subsequent amendment affecting them.
Amendment 196 #
2022/0140(COD)
Proposal for a regulation
Article 69 – paragraph 1 a (new)
Article 69 – paragraph 1 a (new)
When deciding on the amount of the penalty in each individual case, all relevant circumstances of the specific situation shall be taken into account and due regard shall be given to the following: (a) the nature, gravity and duration of the infringement and of its consequences, taking into account the nature, scope as well as the number of users affected and the level of damage suffered by them; (b) whether penalties have been already applied by other competent authorities to the same infringing party; (c) the size and market share of the economic operator committing the infringement; (d) the intentional or negligent character of the infringement; (e) any action taken by the infringing party to mitigate the damage of the infringement; (f) the degree of responsibility of the infringing party taking into account technical and organisational measures implemented to prevent the infringement; (g) the degree of cooperation with the competent authorities, in order to remedy the infringement and mitigate the possible adverse effects of the infringement; (h) the manner in which the infringement became known to the competent authorities, in particular whether, and if so to what extent, the infringing party notified the infringement; (i) any other aggravating or mitigating factor applicable to the circumstances of the case, such as financial benefits gained, or losses avoided, directly or indirectly, from the infringement.
Amendment 199 #
2022/0140(COD)
Proposal for a regulation
Article 69 – paragraph 1 b (new)
Article 69 – paragraph 1 b (new)
The non-compliance of an EHR system with any requirements or obligations under this Regulation, including the supply of incorrect, incomplete or misleading information to national competent authorities, shall be subject to penalties of up to 20 000 000 EUR or up to 6% of its total worldwide annual turnover for the preceding financial year, whichever is higher.
Amendment 202 #
2022/0140(COD)
Proposal for a regulation
Article 70 – paragraph 1
Article 70 – paragraph 1
1. After 53 years from the entry into force of this Regulation, the Commission shall carry out a targeted evaluation of this Regulation especially with regards to Chapter III, and submit a report on its main findings to the European Parliament and to the Council, the European Economic and Social Committee and the Committee of the Regions, accompanied, where appropriate, by a proposal for its amendment. The evaluation shall include an assessment of the self-certification of EHR systems and reflect on the need to introduce a conformity assessment procedure performed by notified bodies, as well as the need to designate a public testing facility of a Member State as a Union testing facility, pursuant to Article 21 of Regulation (EU) 2019/1020.
Amendment 205 #
2022/0140(COD)
Proposal for a regulation
Article 70 – paragraph 2
Article 70 – paragraph 2
2. After 75 years from the entry into force of this Regulation, the Commission shall carry out an overall evaluation of this Regulation, and submit a report on its main findings to the European Parliament and to the Council, the European Economic and Social Committee and the Committee of the Regions, accompanied, where appropriate, by a proposal for its amendment.
Amendment 209 #
2022/0140(COD)
Proposal for a regulation
Article 71 a (new)
Article 71 a (new)
Article 71 a Representative Actions Directive (EU) 2020/1828 shall apply to the representative actions brought against infringements by economic operators of provisions of this Regulation that harm or may harm the collective interests of consumers.
Amendment 1 #
2022/0125(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point b – point i
Article 1 – paragraph 1 – point 4 – point b – point i
Regulation (EU, Euratom) 2018/1046
Article 108 – paragraph 4 – subparagraph 1 a (new)
Article 108 – paragraph 4 – subparagraph 1 a (new)
Repayments under point (a) of the first subparagraph shall be made within 60 days of the cancellation or reduction of the fine, other penalty or sanction. On the expiry of that time limit, the creditor shall be entitled to interest in accordance with the conditions laid down in Article 116(5).
Amendment 95 #
2022/0047(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) This Regulation ensures that users of a product or related service in the Union, including consumers can access, in a timely manner, the data generated by the use of that product or related service and that those users can use the data for the purposes of their choice, including by sharing them with third parties of their choice. It imposes the obligation on the data holder to make data available to users and third parties nominated by the users in certain circumstances. It also ensures that data holders make data available to data recipients in the Union under fair, reasonable and non-discriminatory terms and in a transparent manner. Private law rules are key in the overall framework of data sharing. Therefore, this Regulation adapts rules of contract law and prevents the exploitation of contractual imbalances that hinder fair data access and use for micro, small or medium-sized enterprises within the meaning of Recommendation 2003/361/EC. This Regulation also ensures that data holders make available to public sector bodies of the Member States and to Union institutions, agencies or bodies, where there is an time limited and demonstrated exceptional need, the data that are necessary for the performance of tasks carried out in the public interest. In addition, this Regulation seeks to facilitate switching between data processing services and to enhance the interoperability of data and data sharing mechanisms and services in the Union. This Regulation should not be interpreted as recognising or creating any legal basis for the data holder to hold, have access to or process data, or as conferring any new right on the data holder to use data generated by the use of a product or related service. Instead, it takes as its starting point recognizes that, based on operational, technical, legal, economic, security or other control that the data holder effectively enjoys, de facto or de jure, over data generated by products or related servicessiderations, users of connected products may agree to grant access and use permissions over data transmitted by connected products or generated during the provision of related services to providers of such services. Users of connected products may agree with the manufacturers or vendors to perform one or more related services, including the storage, management and curation of data transmitted by the connected product.
Amendment 105 #
2022/0047(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) This Regulation complements and is without prejudice to Union law aiming to promote the interests of consumers and to ensure a high level of consumer protection, to protect their health, safety and economic interests, in particularcluding Directive 2005/29/EC of the European Parliament and of the Council59 , Directive 2011/83/EU of the European Parliament and of the Council60 and Directive 93/13/EEC of the European Parliament and of the Council61 . _________________ 59 Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to- consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) (OJ L 149, 11.6.2005, p. 22). 60 Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council. 61 Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts. Directive (EU) 2019/2161 of the European Parliament and of the Council of 27 November 2019 amending Council Directive 93/13/EEC and Directives 98/6/EC, 2005/29/EC and 2011/83/EU of the European Parliament and of the Council as regards the better enforcement and modernisation of Union consumer protection rules.
Amendment 108 #
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, non- communicable data or data derived or inferred from this data, where lawfully generated and 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.
Amendment 110 #
2022/0047(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) In contrast, certain products that are primarily designed to display or play content, or to record and transmit content, amongst others for the use by an online service should not be covered by this Regulation. Such products include, for example, personal computers, servers, tablets and smart phones, cameras, webcams, sound recording systems and text scanners. They require human input to produce various forms of content, such as text documents, sound files, video files, games, digital mapsontent, or data obtained, generated or collected by the connected product or transmitted to it for the purpose of storage or processing, amongst others for the use by an online service should not be covered by this Regulation.
Amendment 112 #
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.
Amendment 114 #
2022/0047(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) In case several persons or entities own or use a product or are party to a lease or rent agreement and benefit from access to a related service, reasonable efforts should be made in the design of the product or related service or the relevant interface so that all persons using the product can have access to data they generate. Users of pProducts that generate data typicusually require a user account to be set up. This allows for identification of the user by the manufacturer as well as a means to communicate to exercise and process data access requests. Manufacturers or designers of a product that is typically used by several persons should put in place the necessary mechanism that allow separate user accounts for individual persons, where relevant, or and the possibility for several persons to use the same user account. Access should be granted to the user upon simple request mechanisms granting automatic and complete execution, not requiring examination or clearance by the manufacturer or data holder. This means that data should only be made available when the user actually wants this. Where automated execution of the data access request is not possible, for instance, via a user account or accompanying mobile application provided with the product or service, the manufacturer should inform the user how the data may be accessed.
Amendment 118 #
2022/0047(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Products may be designed to make certain data directly available from an on- device data storage or from a remote server to which the data are communicated. Access to the on-device data storage may be enabled via cable-based or wireless local area networks connected to a publicly available electronic communications service or a mobile network. The server may be the manufacturer’s own local server capacity or that of a third party or a cloud service provider who functions as data holder. They may be designed to permit the user or a third party to process the data on the product or on a computing instance of the manufacturer.
Amendment 119 #
2022/0047(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Virtual assistants play an increasing role in digitising consumer environments and serve as an easy-to-use interface to play content, obtain information, or activate physical objects connected to the Internet of Things. Virtual assistants can act as a single gateway in, for example, a smart home environment and record significant amounts of relevant data on how users interact with products connected to the Internet of Things, including those manufactured by other parties and can replace the use of manufacturer-provided interfaces such as touchscreens or smart phone apps. The user may wish to make available such data with third party manufacturers and enable novel smart home services. Such virtual assistants should be covered by the data access right provided for in this Regulation also regarding data recorded before the virtual assistant’s activation by the wake word and data generated when a user interacts with a product via a virtual assistant provided by an entity other than the manufacturer of the product. However, only the data stemming from the interaction between the user and product through the virtual assistant falls within the scope of this Regulation. Data produced by the virtual assistant unrelated to the use of a product is not the object of this Regulation.
Amendment 122 #
2022/0047(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Before concluding a contract for the purchase, use, rent, or lease of a product or the provision of a related service, clear and sufficient information should be provided to the user on how the data generated may be accessed. This obligation provides transparency over the data generated and enhances the easy access for the user. This obligation to provide information does not affect the obligation for the controller to provide information to the data subject pursuant to Article 12, 13 and 14 of Regulation 2016/679.
Amendment 124 #
2022/0047(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) This Regulation imposes the obligation on data holders to make data available in certain circumstances. Insofar as personal data are processed, the data holder should be a controller under Regulation (EU) 2016/679. Where users are data subjects, data holders should be obliged to provide them access to their data and to make the data available to third parties of the user’s choice in accordance with this Regulation. However, this Regulation does not create a legal basis under Regulation (EU) 2016/679 for the data holder to provide access to personal data or make it available to a third party when requested by a user that is not a data subject and should not be understood as conferring any new right on the data holder to use data generated by the use of a product or related service. This applies in particular where the manufacturer is the data holder. In that case, the basis for the manufacturer to use non-personal data should be a contractual agreement between the manufacturer and the user. This agreement may be part of the sale, rent or lease agreement relating to the product. Any contractual term in the agreement stipulating that the data holder may use the data generated by the user of a product or related service should be fair and transparent to the user, including as regards the specific purpose for which the data holder intends to use the data. This Regulation should not prevent contractual conditions, whose effect is to exclude or limit the use of the data, or certain categories thereof, by the data holder. This Regulation should also not prevent sector- specific regulatory requirements under Union law, or national law compatible with Union law, which would exclude or limit the use of certain such data by the data holder on well- defined public policy grounds.
Amendment 127 #
2022/0047(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) In sectors characterised by the concentration of a small number of manufacturers supplying end users, there are only limited options available to users with regard to sharing data with those manufacturers. In such circumstances, cContractual agreements may be insufficient to achieve the objective of user empowerment. The data tends to remain under the control of the manufacturers or other data holders, making it difficult for users to obtain value from the data generated by the equipment they purchase, rent, use or lease. Consequently, there is limited potential for innovative smaller businesses to offer data-based solutions in a competitive manner and for a diverse data economy in Europe. This Regulation should therefore build on recent developments in specific sectors, such as the Code of Conduct on agricultural data sharing by contractual agreement. Sectoral legislation may be brought forward to address sector-specific needs and objectives. Furthermore, the data holder should not use any data generated by the use of the product or related service in order to derive insights about the economic situation of the user or its assets or production methods or the use in any other way that could undermine the commercial position of the user on the markets it is active on. This would, for instance, involve using knowledge about the overall performance of a business or a farm in contractual negotiations with the user on potential acquisition of the user’s products or agricultural produce to the user’s detriment, or for instance, using such information to feed in larger databases on certain markets in the aggregate (,e.g. databases on crop yields for the upcoming harvesting season) as such use could affect the user negatively in an indirect manner. The user should be given the necessary technical interface to manage permissions, preferably with granular permission options (such as “allow once” or “allow while using this app or service”), including the, including prominent options to withdraw permission.
Amendment 130 #
2022/0047(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) In contracts between a data holder and a consumer as a user of a product or related service generating data, EU consumer law applies, including Directive 2005/29/EC, which applies against unfair commercial practices, as does Directive 93/13/EEC which applies to the terms of the contract to ensure that a consumer is not subject to unfair contractual terms.. For unfair contractual terms unilaterally imposed on a micro, small or medium- sized enterprise as defined in Article 2 of the Annex to Recommendation 2003/361/EC63 , this Regulation provides that such unfair terms should not be binding on that enterprise. _________________ 63 Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium- sized enterprises
Amendment 135 #
2022/0047(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) A third party to whom data is made available may be an individual, an enterprise, a research organisation or a not-for-profit organisation. In making the data available to the third party, the data holder should not abuse its position to seek a competitive advantage in markets where the data holder and third party may be in direct competition. The data holder should not therefore use any data generated by the use of the product or related service in order to derive insights about the economic situation of the third party or its assets or production methods or the use in any other way that could undermine the commercial position of the third party on the markets it is active on.
Amendment 138 #
2022/0047(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) Data generated by the use of a product or related service should only be made available to a third party at the request of the user. This Regulation accordingly complements the right provided under Article 20 of Regulation (EU) 2016/679. That Article provides for a right of data subjects to receive personal data concerning them in a structured, commonly used and machine-readable format, and to port those data to other controllers, where those data are processed on the basis of Article 6(1), point (a), or Article 9(2), point (a), or of a contract pursuant to Article 6(1), point (b). Data subjects also have the right to have the personal data transmitted directly from one controller to another, but only where technically feasible. Article 20 specifies that it pertains to data provided by the data subject but does not specify whether this necessitates active behaviour on the side of the data subject or whether it also applies to situations where a product or related service by its design observes the behaviour of a data subject or other information in relation to a data subject in a passive manner. The right under this Regulation complements the right to receive and port personal data under Article 20 of Regulation (EU) 2016/679 in several ways. It grants users the right to access and make available to a third party to any data generated by the use of a product or related service, irrespective of its nature as personal data, of the distinction between actively provided or passively observed data, and irrespective of the legal basis of processing. Unlike the technical obligations provided for in Article 20 of Regulation (EU) 2016/679, this Regulation mandates and ensures the technical feasibility of third party access for all types of data coming within its scope, whether personal or non- personal. It also allows the data holder to set reasonable compensation to be met by third parties, but not by the user, for any cost incurred in providing direct access to the data generated by the user’s product. If a data holder and third party are unable to agree terms for such direct access, tThis Regulation also allows direct data sharing from users to third parties. This Regulation precludes the data holder or the third party from directly or indirectly charging consumers or data subjects a fee, compensation or costs for sharing data or for accessing it. This Regulation does not directly or indirectly incentivise the commercialisation or trade of personal data. The data subject should be in no way prevented from exercising the rights contained in Regulation (EU) 2016/679, including the right to data portability, by seeking remedies in accordance with that Regulation. It is to be understood in this context that, in accordance with Regulation (EU) 2016/679, a contractual agreement does not allow for the processing of special categories of personal data by the data holder or the third party.
Amendment 140 #
2022/0047(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) In order to prevent the exploitation of users, third parties to whom data has been made available upon explicit request of the user should only process the data for the purposes agreed withspecific purposes explicitly requested by the user and share it with another third party only if this is strictly necessary to provide the service requested by the user.
Amendment 142 #
2022/0047(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) In line with the data minimisation principle, the data owner should only grant, and third partyies should only access additional, information that is strictly necessary for the provision of the servicepecific service explicitly requested by the user. Having received access to data, the third party should process it exclusively for the purposes agreed withspecific purposes explicitly requested by the user, without interference from the data holder. It should be as easy for the user to refuse or discontinue access by the third party to the data as it is for the user to authorise access. The third party should notdata holder or the third party should make the exercise of the rights or choices of users unduly difficult including by offering choices to users in a non-neutral manner, or coerce, deceive or manipulate the user in any way, byor subverting or impairing the autonomy, decision-making or choices of the user, including by means of a digital interface with the user. in this context,or a part thereof, including its structure, design, function or manner of operation. In this context, data holders or third parties should not rely on so- called dark patterns in designing their digital interfaces. Dark patterns are design techniques that push or deceive consumers into decisions that have negative consequences for them. These manipulative techniques can be used to persuade users, particularly vulnerable consumers, to engage in unwanted behaviours, and to deceive users by nudging them into decisions on data disclosure transactions or to unreasonably bias the decision-making of the users of the service, in a way that subverts and impairs their autonomy, decision-making and choice. Common and lLegitimate commercial practices that are in compliance with Union law should not in themselves be regarded as constituting dark patterns. TData holders and third parties should comply with their obligations under relevant Union law, in particular the requirements set out in Directive 2005/29/EC, Directive 2011/83/EU, Directive 2000/31/EC and Directive 98/6/EC.
Amendment 145 #
2022/0047(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) The third party should also refrain from using the data to profile individuals unless these processing activities are strictly necessary to provide the servicepecific service explicitly requested by the user. The requirement to delete data when no longer required for the purpose agreed with the user complements the right to erasure of the data subject pursuant to Article 17 of Regulation 2016/679. Where the third party is a provider of a data intermediation service within the meaning of [Data Governance Act], the safeguards for the data subject provided for by that Regulation apply. The third party may use the data to develop a new and innovative product or related service but not to develop a competing product.
Amendment 147 #
2022/0047(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) Start-ups, small and medium-sized enterprises and companies from traditional sectors with less-developed digital capabilities struggle to obtain access to relevant data. This Regulation aims to facilitate access to data for these entities, while ensuring that the corresponding obligations are scoped as proportionately as possible to avoid overreach. At the same time, a small number of very large companies have emerged with considerable economic power in the digital economy through the accumulation and aggregation of vast volumes of data and the technological infrastructure for monetising them. These companies include undertakings that provide core platform services controlling whole platform ecosystems in the digital economy and whom existing or new market operators are unable to challenge or contest. TAs a result, the [Regulation on contestable and fair markets in the digital sector (Digital Markets Act)] aims to redress these inefficiencies and imbalances by allowing the Commission to designate a provider as a “gatekeeper”, and imposes a number of obligations on such designated gatekeepers, including a prohibition to combine certain data without consent, and an obligation to ensure effective rights to data portability under Article 20 of Regulation (EU) 2016/679. Consistent with the [Regulation on contestable and fair markets in the digital sector (Digital Markets Act)], and given the unrivalled ability of these companies to acquire data, it would not be necessary to achieve the objective of this Regulation, and would thuserefore be disproportionate in relation to data holders made subject to such obligations, to include such gatekeeper undertakings as beneficiaries of the data access right. This means that an undertaking providing core platform services that has been designated as a gatekeeper cannot request or be granted access to users’ data generated by the use of a product or related service or by a virtual assistant based on the provisions of Chapter II of this Regulation. An undertaking providing core platform services designated as a gatekeeper pursuant to Digital Markets Act should be understood to include all legal entities of a group of companies where one legal entity provides a core platform service. Furthermore, third parties to whom data are made available at the request of the user may not make the data available to a designated gatekeeper. For instance, the third party may not sub-contract the service provision to a gatekeeper. However, this does not prevent third parties from using data processing services offered by a designated gatekeeper. This exclusion of designated gatekeepers from the scope of the access right under this Regulation does not prevent these companies from obtaining data through other lawful means.
Amendment 156 #
2022/0047(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) In order to incentivise the continued investment in generating valuable data, including investments in relevant technical tools, this Regulation contains the principle that the data holder may request reasonablestrictly cost-based compensation when legally obliged to make data available to the data recipient. These provisions should not be understood as paying for the data itself, but in the case of micro, small or medium- sized enterprises, for the costs incurred and investment required for making the data available.
Amendment 163 #
2022/0047(COD)
Proposal for a regulation
Recital 51
Recital 51
(51) Where one party is in a stronger bargaining position, there is a risk that that party could leverage such position to the detriment of the other contracting party when negotiating access to data and make access to data commercially less viable and sometimes economically prohibitive. Such contractual imbalances particularly harm users and micro, small and medium-sized enterprises without a meaningful ability to negotiate the conditions for access to data, who may have no other choice than to accept ‘take- it-or-leave-it’ contractual terms. Therefore, unfair contract terms regulating the access to and use of data or the liability and remedies for the breach or the termination of data related obligations should not be binding on consumers or micro, small or medium-sized enterprises when they have been unilaterally imposed on them.
Amendment 166 #
2022/0047(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) Rules on contractual terms between enterprises should take into account the principle of contractual freedom as an essential concept in business-to-business relationships. Therefore, not all contractual terms should be subject to an unfairness test, but only to those terms that are unilaterally imposed on micro, small and medium-sized enterprises. This concerns ‘take-it-or- leave-it’ situations where one party supplies a certain contractual term and the micro, small or medium-sized enterprise cannot influence the content of that term despite an attempt to negotiate it. A contractual term that is simply provided by one party and accepted by the micro, small or medium-sized enterprise or a term that is negotiated and subsequently agreed in an amended way between contracting parties should not be considered as unilaterally imposed.
Amendment 167 #
2022/0047(COD)
Proposal for a regulation
Recital 53
Recital 53
(53) Furthermore, the rules on unfair contractual terms between enterprises should only apply to those elements of a contract that are related to making data available, that is contractual terms concerning the access to and use of data as well as liability or remedies for breach and termination of data related obligations. Other parts of the same contract, unrelated to making data available, should not be subject to the unfairness test laid down in this Regulation.
Amendment 168 #
2022/0047(COD)
Proposal for a regulation
Recital 54
Recital 54
(54) Criteria to identify unfair contractual terms between enterprises should be applied only to excessive contractual terms, where a stronger bargaining position is abused. The vast majority of contractual terms that are commercially more favourable to one party than to the other, including those that are normal in business-to-business contracts, are a normal expression of the principle of contractual freedom and shall continue to apply.
Amendment 169 #
2022/0047(COD)
Proposal for a regulation
Recital 55
Recital 55
(55) If a contractual term is not included in the list of terms that are always considered unfair or that are presumed to be unfair between enterprises, the general unfairness provision applies. In this regard, the terms listed as unfair terms should serve as a yardstick to interpret the general unfairness provision. Finally, model contractual terms for business-to-business data sharing contracts to be developed and recommended by the Commission may also be helpful to commercial parties when negotiating contracts.
Amendment 171 #
2022/0047(COD)
Proposal for a regulation
Recital 62
Recital 62
(62) The objective of the obligation to provide the data is to ensure that public sector bodies and Union institutions, agencies or bodies have the necessary knowledge to respond to, prevent or recover from public emergencies or to maintain the capacity to fulfil specific tasks explicitly provided by law. The data obtained by those entities may be commercially sensitive. Therefore, Directive (EU) 2019/1024 of the European Parliament and of the Council65 should not apply to data made available under this Regulation and should not be considered as open data available for reuse by third parties. This however should not affect the applicability of Directive (EU) 2019/1024 to the reuse of official statistics for the production of which data obtained pursuant to this Regulation was used, provided the reuse does not include the underlying data. In addition, it should not affect the possibility of sharing the data for conducting research or for the compilation of official statistics, provided the conditions laid down in this Regulation are met. Public sector bodies should also be allowed to exchange data obtained pursuant to this Regulation with other public sector bodies to address the exceptional needs for which the data has been requested, as long as all bodies respect the same rules and restrictions as the original requester of the data. Businesses, and affected third parties, shall have the right to raise objections to planned data access on the grounds of data protection, protected applicable Union legislation, security or trade secrets protected under Directive 2016/943. _________________ 65 Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information (OJ L 172, 26.6.2019, p. 56).
Amendment 175 #
2022/0047(COD)
Proposal for a regulation
Recital 69
Recital 69
(69) The ability for customers of data processing services, including cloud and edge services, to switch from one data processing service to another without cost or disruption, while maintaining a minimum functionality of service, is a key condition for a more competitive market with lower entry barriers for new service providers.
Amendment 179 #
2022/0047(COD)
Proposal for a regulation
Recital 70
Recital 70
(70) Regulation (EU) 2018/1807 of the European Parliament and of the Council encourages service providers to effectively develop and implement self-regulatory codes of conduct covering best practices for, inter alia, facilitating the switching of data processing service providers and the porting of data. Given the limited efficacycomplete failure of the self-regulatory frameworks developed in response, and the general unavailability of open standards and interfaces, it is necessary to adopt a set of minimum regulatory obligations on providers of data processing services to eliminate all contractual, economic and technical barriers to effective switching between data processing services.
Amendment 187 #
2022/0047(COD)
Proposal for a regulation
Recital 72
Recital 72
(72) This Regulation aims to facilitate switching between data processing services, which encompasses all conditions and actions that are necessary for a customer to terminate a contractual agreement of a data processing service, to conclude one or multiple new contracts with different providers of data processing services, to port all its digital assets, including data, to the concerned other providers and to continue to use them in the new environment while benefitting from functional equivalence. Digital assets refer to elements in digital format for which the customer has the right of use, including data, applications, virtual machines and other manifestations of virtualisation technologies, such as containers. Functional equivalence means the maintenance of a minimum level of functionality of a service after switching, and should be deemed technically feasible whenever both the originating and the destination data processing services cover (in part or in whole) functionally the same service type. Meta-data, generated by the customer’s use of a service, should also be portable pursuant to this Regulation’s provisions on switching.
Amendment 189 #
2022/0047(COD)
Proposal for a regulation
Recital 72 a (new)
Recital 72 a (new)
(72a) An ambitious and innovation- inspiring regulatory approach to interoperability is needed, in order to overcome vendor lock-in, which undermines competition and the development of new services.
Amendment 191 #
2022/0047(COD)
Proposal for a regulation
Recital 74
Recital 74
(74) DBoth the source and destination data processing service providers should be required to offer all assistance and support that is required to make the switching process successful and effective without requiring those data processing service providers to develop new categories of services within or on the basis of the IT- infrastructure of different data processing service providers to guarantee functional equivalence in an environment other than their own systems. Nevertheless, service providers are required to offer all assistance and support that is required to make the switching process effective. Existing rights relating to the termination of contracts, including those introduced by Regulation (EU) 2016/679 and Directive (EU) 2019/770 of the European Parliament and of the Council67 should not be affected. _________________ 67 Directive (EU) 2019/770 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the supply of digital content and digital services (OJ L 136, 22.5.2019, p. 1).
Amendment 193 #
2022/0047(COD)
Proposal for a regulation
Recital 75 a (new)
Recital 75 a (new)
(75a) Without prejudice to their right to take action before a court, customers should have access to certified dispute settlement bodies to settle disputes related to switching of data processing services.
Amendment 197 #
2022/0047(COD)
Proposal for a regulation
Recital 76
Recital 76
(76) Open interoperability specifications and standards developed in accordance with paragraph 3 and 4 of Annex II of Regulation (EU) 1025/2021 in the field of interoperability and portability enable a seamless multi-vendor cloud environment, which is a key requirement for open innovation in the European data economy. As market-driven processes have not demonstrated the capacity to establish technical specifications or standards that facilitate effective cloud interoperability at the PaaS (platform-as-a-service) and SaaS (software-as-a-service) levels, the Commission should be able, on the basis of this Regulation and in accordance with Regulation (EU) No 1025/2012, to request European standardisation bodies to develop such standards where possible, particularly for service types where such standards do not yet exist. In addition to this, the Commission will encourage parties in the market to develop relevant open interoperability specifications. The Commission, by way of delegated acts, can mandate the use of European standards for interoperability or open interoperability specifications for specific service typeswhere possible through a reference in a central Union standards repository for the interoperability of data processing services. European standards and open interoperability specifications will only be referenced if in compliance with the criteria specified in this Regulation, which have the same meaning as the requirements in paragraphs 3 and 4 of Annex II of Regulation (EU) No 1025/2021 and the interoperability facets defined under the ISO/IEC 19941:2017.
Amendment 199 #
2022/0047(COD)
Proposal for a regulation
Recital 79
Recital 79
(79) Standardisation and semantic interoperability should play a key role to provide technical solutions to ensure interoperability. In order to facilitate the conformity with the requirements for interoperability, it is necessary to provide for a presumption of conformity for interoperability solutions that meet harmonised standards or parts thereof in accordance with Regulation (EU) No 1025/2012 of the European Parliament and of the Council. The Commission should, as soon as possible, adopt common specifications in areas where no harmonised standards exist or where they are insufficient in order to further enhance interoperability for the common European data spaces, application programming interfaces, cloud switching as well as smart contracts. Additionally, common specifications in the different sectors could remain to be adopted, in accordance with Union or national sectoral law, based on the specific needs of those sectors. Reusable data structures and models (in form of core vocabularies), ontologies, metadata application profile, reference data in the form of core vocabulary, taxonomies, code lists, authority tables, thesauri should also be part of the technical specifications for semantic interoperability. Furthermore, the Commission should be enabled to mandate the development of harmonised standards for the interoperability of data processing services.
Amendment 200 #
2022/0047(COD)
Proposal for a regulation
Recital 81
Recital 81
(81) In order to ensure the efficient implementation of this Regulation, Member States should designate one or morea competent authoritiy with sufficient resources. If a Member State designates more than one competent authority, it should also designate a coordinating competent authority. Competent authorities should cooperate with each other effectively and in a timely manner, in line with the principles of good administration and mutual assistance to ensure the effective implementation and enforcement of this Regulation. The authorities responsible for the supervision of compliance with data protection and competent authorities designated under sectoral legislation should have the responsibility for application of this Regulation in their areas of competence. Competent authorities shall cooperate upon request of the authorities within the European Data Protection Board and the European Data Innovation Board.
Amendment 202 #
2022/0047(COD)
Proposal for a regulation
Recital 82
Recital 82
(82) In order to enforce their rights under this Regulation, natural and legal persons should be entitled to seek redress for the infringements of their rights under this Regulation by lodging complaints with competent authorities and before the courts. Those authorities should be obliged to cooperate to ensure the complaint is appropriately handled and resolved quickly and efficiently.. In order to make use of the consumer protection cooperation network mechanism and to enable representative actions, this Regulation amends the Annexes to the Regulation (EU) 2017/2394 of the European Parliament and of the Council68 and Directive (EU) 2020/1828 of the European Parliament and of the Council69 . Authorities competent to enforce this Regulation shall cooperate with the Consumer Protection Cooperation network in relation to consumer protection matters, but not on data processing matters. Any referral to the Consumer Protection Cooperation network should not result in a lack of efficient or swift enforcement of the Data Act. _________________ 68 Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No 2006/2004 (OJ L 345, 27.12.2017, p. 1). 69 Directive (EU) 2020/1828 of the European Parliament and of the Council of 25 November 2020 on representative actions for the protection of the collective interests of consumers and repealing Directive 2009/22/EC (OJ L 409, 4.12.2020, p. 1).
Amendment 209 #
2022/0047(COD)
Proposal for a regulation
Article 1 – paragraph 3 a (new)
Article 1 – paragraph 3 a (new)
3 a. This Regulation complements and does not affect the applicability of Union law aiming to promote the interests of consumers and to ensure a high level of consumer protection, to protect their health, safety and economic interests, including Directive 2005/29/EC of the European Parliament and of the Council, Directive 2011/83/EU of the European Parliament and of the Council and Directive 93/13/EEC of the European Parliament and of the Council. No provision in this Regulation should be applied or interpreted in such a way as to diminish or limit a high level of consumer protection.
Amendment 238 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 a (new)
Article 2 – paragraph 1 – point 5 a (new)
(5a) ‘consumer’ means any natural person who is acting for purposes which are outside their trade, business, craft or profession;
Amendment 242 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) ‘data holder’ means a legal or natural person that is not the user, who has access to data communicated to it, or accessed by it, including derived or inferred data during the provision of a related service, and who has the right or obligation, in accordance with this Regulation, applicable Union law or national legislation implementing Union law, or in the case of non-personal data and through control of the technical design of the product and related services, the ability,the contractually agreed right to process and to make available certain data;
Amendment 247 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
(7) ‘data recipient’ means a legal or natural person, acting for purposes which are related to that person’s trade, business, craft or profession, other than the user of a product or related service, to whom the data holder makes data available, including a third party following a request by the user to the data holder or in accordance with a legal obligation under Union law or national legislation implementing Union law and including a third party to whom the data is directly made available by the user or the data subject;
Amendment 250 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
(10) ‘public emergency’ means an exceptional situation which is determined and officially declared according to the respective procedures under Union or national law, such as public health emergencies, emergencies resulting from natural disasters, or human-induced major disasters, such as major cybersecurity incidents negatively affecting the population of the Union, a Member State or part of it, with a demonstrated risk of serious and lasting repercussions on living conditions or economic stability, or the substantial degradation of economic assets in the Union or the relevant Member State(s);
Amendment 256 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
(12) ‘data processing service’ means a digital service other than an online content service as defined in Article 2(5) of Regulation (EU) 2017/1128, provided to a customer, which enables on-demand administration and broad remote access to a scalable and elastic pool of shareable computing resourstorage and computing resources and related services of a centralised, distributed or highly distributed nature;
Amendment 258 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
(13) ‘service type’ means a set of data processing services that share the same primary objectives and basic data processing service model;
Amendment 267 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 14
Article 2 – paragraph 1 – point 14
(14) ‘functional equivalence’ means the maintenance of a at least minimum level of functionality in the environment of a new data processing service after the switching process, to such an extent that, in response to an input action by the user on core elements of the service, the destination service will deliver the same output at the same performance and with the same level of security, operational resilience and quality of service as the originating service at the time of termination of the contract;
Amendment 284 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1 a. Consumers shall have the right to obtain a copy of the data generated by their use of the product and related services, from the data holder without hindrance, in a structured, commonly used and machine-readable format, free of charge.
Amendment 289 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 1 b (new)
Article 3 – paragraph 1 b (new)
1b. Where consumers can reasonably expect it due to the nature of the product, products shall be designed and manufactured, and related services shall be provided, in such a manner that a basic set of functionalities is maintained when the product or related service is used offline.
Amendment 311 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. The data holder shall not make the exercise of the rights or choices of users unduly difficult including by offering choices to the users in a non-neutral manner, or coerce, deceive or manipulate the user in any way, or subvert or impair the autonomy, decision-making or free choices of the user, including by means of a digital interface or a part thereof, including its structure, design, function or manner of operation.
Amendment 319 #
2022/0047(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Where datait cannot be directly accessed by the user from the product, the data holder shall make available to the user theany data generated by its use of atransmitted to them by the connected product, or generated during the provision of related services without undue delay, free of charge and, where applicable, continuously and in real-time, in a comprehensive, structured, commonly used and machine-readable format and including the relevant metadata. This shall be done on the basis of a simple request through electronic means where technically feasible.
Amendment 325 #
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 holders shall make available the data generatransmitted byto the use of a product orm from the connected product or generated during the provision of a related service to a third partydata recipient, without undue delay, free of charge to the user, in an interoperable, structured, commonly used and machine-readable format and of the same quality as is available to the data holder and, where applicable, continuously and in real-time, including any technically essential metadata.
Amendment 329 #
2022/0047(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point a
Article 5 – paragraph 2 – point a
(a) solicit or commercially incentivise a user in any manner, including by providing monetary or any other compensation whatsoever, to make data available to one of its services that the user has obtained pursuant to a request under Article 4(1);
Amendment 330 #
2022/0047(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point a a (new)
Article 5 – paragraph 2 – point a a (new)
(aa) solicit a data holder to make available data, that they have the rights to use and make available to under Article 4(6);
Amendment 331 #
2022/0047(COD)
Proposal for a regulation
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. Data recipients shall not make the commercial terms, including pricing, of any products or services offered to the user conditional or otherwise commercially dependent upon whether, or to which degree, the user agrees to make available data, transmitted from the connected object or generated during the provision of related services, to the data recipient or a related entity.
Amendment 334 #
2022/0047(COD)
Proposal for a regulation
Article 5 – paragraph 6 a (new)
Article 5 – paragraph 6 a (new)
Amendment 342 #
2022/0047(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) make the exercise of the rights or choices of users unduly difficult including by offering choices to the users in a non- neutral manner, or coerce, deceive or manipulate the user in any way, by subverting or impairing the autonomy, decision-making or choices of the user, including by means of a digital interface with the useror a part thereof, including its structure, design, function or manner of operation;
Amendment 349 #
2022/0047(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point f a (new)
Article 6 – paragraph 2 – point f a (new)
(fa) make the usability of the product or related service dependent on the user allowing it to process data not required for the purposes or services explicitly requested by the user.
Amendment 354 #
2022/0047(COD)
Proposal for a regulation
Article 7 – title
Article 7 – title
Scope of business to consumer and business to business data sharing obligations
Amendment 357 #
2022/0047(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The obligations of this Chapter related to business to business data- sharing shall not apply to data generated by the use of products manufactured or related services provided by enterprises that qualify as micro or small enterprises, as defined in Article 2 of the Annex to Recommendation 2003/361/EC, provided those enterprises do not have partner enterprises or linked enterprises as defined in Article 3 of the Annex to Recommendation 2003/361/EC which do not qualify as a micro or small enterprise.
Amendment 361 #
2022/0047(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. A data holder shall agree with a data recipient the terms for making the data available. Any contractual term concerning the access to and use of the data or the liability and remedies for the breach or the termination of data related obligations shall not be binding if it fulfils the conditions of Article 13 or if it excludes the application of, derogates from or varies the effect of the user of the connected product’s rights under Chapter II.
Amendment 368 #
2022/0047(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Any compensation agreed between a data holder and a data recipient for making data available shall be reasonableshall not exceed the costs directly related to making the data available to the data recipient and which are attributable to the request. Article 8(3) shall apply accordingly.
Amendment 370 #
2022/0047(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 377 #
2022/0047(COD)
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. The data holder shall provide the data recipient with information setting out the basis for the calculation of the compensation in sufficient detail so that the data recipient can verify that the requirements of paragraph 1 and, where applicable, paragraph 2 are met.
Amendment 382 #
2022/0047(COD)
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1a. The user shall have access to dispute settlement bodies, certified in accordance with paragraph 2 of this Article, to settle disputes with data holders or data recipients or any third party in relation to breach of user's rights under this Regulation. The user shall have the right to allow a third party to pursue its legal claims on its behalf. This is without prejudice to the right of individuals to initiate, at any stage, proceedings before a court in accordance with the applicable law.
Amendment 399 #
2022/0047(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Upon a specific request, a data holder shall make datanon-personal data, which it is currently collecting or has previously obtained, collected or otherwise generated and which it retains at the time of the request, available to a public sector body or to a Union institution, agency or body demonstrating an exceptional need to use the data requested.
Amendment 403 #
2022/0047(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. This Chapter shall not apply to small and micro enterprises as defined in Article 2 of the Annex to Recommendation 2003/361/EC.e basis for the need to request data referred to in paragraph 1 shall be laid down by: (a) Union law; or (b) Member State law
Amendment 409 #
2022/0047(COD)
Proposal for a regulation
Article 15 – paragraph 1 – introductory part
Article 15 – paragraph 1 – introductory part
An exceptional need to use non-personal data within the meaning of this Chapter shall be deemed to exist in any of the following circumstances:
Amendment 412 #
2022/0047(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point a
Article 15 – paragraph 1 – point a
(a) where the data requested is limited in time and scope and necessary to respond to a public emergency; or
Amendment 414 #
2022/0047(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point b
Article 15 – paragraph 1 – point b
(b) where the data request is limited in time and scope and necessary to prevent a public emergency or to assist the recovery from aspond to an imminent public emergency;
Amendment 416 #
2022/0047(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point c – introductory part
Article 15 – paragraph 1 – point c – introductory part
(c) where the lack of available data prevents the public sector body or Union institution, agency or body from fulfilling a specific task in the public interest that has been explicitly provided by law; and is acting on the basis of EU or national law and has identified specific data, which is unavailable to it and which is demonstrably necessary to fulfil a specific task in the public interest that has been explicitly provided by law, and where, in the absence of EU, national or subnational obligations to make data available without compensation, the public sector body or Union institution, agency or body has been unable to obtain such data by alternative means, including by purchasing the data on the market at market rates
Amendment 420 #
2022/0047(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point c – point 1
Article 15 – paragraph 1 – point c – point 1
Amendment 423 #
2022/0047(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point c – point 2
Article 15 – paragraph 1 – point c – point 2
Amendment 431 #
2022/0047(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
(b) demonstrate the specific exceptional need for which the data are requested;
Amendment 435 #
2022/0047(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point e a (new)
Article 17 – paragraph 1 – point e a (new)
(ea) specify when the data is expected to be deleted by the public sector body, Union institution, agency or body.
Amendment 437 #
2022/0047(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point a a (new)
Article 17 – paragraph 2 – point a a (new)
(aa) be specific with regards to the type of data and correspond to data which the data holder is currently collecting or has previously collected, obtained or otherwise generated and which it retains at the time of the request,
Amendment 439 #
2022/0047(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point d
Article 17 – paragraph 2 – point d
(d) concern, insofar as possible, non- personal data;
Amendment 440 #
2022/0047(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point f
Article 17 – paragraph 2 – point f
(f) be made publicly available online without undue delay and, in any event, within 10 working days.
Amendment 441 #
2022/0047(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. A public sector body or a Union institution, agency or body shall not make data obtained pursuant to this Chapter available for reuse within the meaning of Directive (EU) 2019/1024. Directive (EU) 2019/1024 shall not apply to the data held by public sector bodies obtained pursuant to this Chapter and Regulation (EU) 2022/868.
Amendment 442 #
2022/0047(COD)
Proposal for a regulation
Article 17 – paragraph 4 – subparagraph 1
Article 17 – paragraph 4 – subparagraph 1
Paragraph 3 does not preclude a public sector body or a Union institution, agency or body to agree to exchange data obtained pursuant to this Chapter with another public sector body, Union institution, agency or body, in viewfor the purpose of completing the tasks in Article 15 or to make the data available to a third party, strictly for those purposes in cases where it has outsourced, by means of a publicly available agreement, technical inspections or other functions to this third party. Where relevant, it shall bind the third party contractually not to use the data for any other purposes and not to share it with other third parties. The obligations on public sector bodies, Union institutions, agencies or bodies pursuant to Article 19 apply, including, where relevant, to those third parties.
Amendment 445 #
2022/0047(COD)
Proposal for a regulation
Article 17 – paragraph 4 a (new)
Article 17 – paragraph 4 a (new)
4a. A public sector body, Union institution, agency, body or undertaking, or a third party receiving data under this Chapter shall not: (a) use the data to develop a product or a service that competes with the product or service from which the accessed data originates, (b) use it to enhance an existing product or service which is competing with the product or service from which the accessed data originates, (c) derive insights about the economic situation, assets and production or operation methods of the data holder, or share the data with another third party for that purpose.
Amendment 448 #
2022/0047(COD)
Proposal for a regulation
Article 18 – paragraph 2 – introductory part
Article 18 – paragraph 2 – introductory part
2. Without prejudice to specific needs regarding the availability of data defined in sectoral legislation, the data holder may decline or seek the modification of the request within 510 working days following the receipt of a request for the data necessary to respond to a public emergency and within 1520 working days in other cases of exceptional need, defined under point (b) of Article 15, on either of the following grounds:
Amendment 450 #
2022/0047(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point a
Article 18 – paragraph 2 – point a
(a) the data is unavailableholder is not currently collecting or has not previously collected, obtained or otherwise generated the requested data and does not retain it at the time of the request;
Amendment 457 #
2022/0047(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. DUnless specified otherwise in EU, national or subnational legislation, data made available to respond to a public emergency pursuant to Article 15, point (a), shall be provided free of charge.
Amendment 459 #
2022/0047(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. Where the data holder claims compensation for making data available in compliance with a request made pursuant to Article 15, points (b) or (c), such compensation shall not exceed the technical and organisational costs incurred to comply with the request including, where necessary, the costs of anonymisation and of technical adaptation, plus a reasonable margin. Upon request of the public sector body or the Union institution, agency or body requesting the data, the data holder shall provide information on the basis for the calculation of the costs and the reasonable margin.
Amendment 461 #
2022/0047(COD)
Proposal for a regulation
Article 21
Article 21
Amendment 478 #
2022/0047(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point a
Article 23 – paragraph 1 – point a
(a) terminating, after a maximum notice period of 360 calendar days, the contractual agreement of the service;
Amendment 484 #
2022/0047(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point c
Article 23 – paragraph 1 – point c
(c) porting its data, metadata, applications and other digital assets to another provider of data processing services or to an on-premise system;
Amendment 487 #
2022/0047(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point d
Article 23 – paragraph 1 – point d
(d) maintaining functional equivalence of the service in the IT-environment of the different provider or providers of data processing services covering the same service type, in accordance with Article 26.
Amendment 497 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – introductory part
Article 24 – paragraph 1 – introductory part
1. The rights of the customer and the obligations of the provider of a data processing service in relation to switching between providers of such services or to an on-premise system shall be clearly set outreflected in a written contract. Without prejudice to Directive (EU) 2019/770, that contract shall include at least the following:
Amendment 505 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a – introductory part
Article 24 – paragraph 1 – point a – introductory part
(a) clauses allowing the customer, upon request, to switch to a data processing service offered by another provider of data processing service or to port all data, applications and digital assets generated directly or indirectly by the customer to an on-premise system, in particular the establishment of a mandatory maximum transition period of 360 calendar days, during which the data processing service provider shall:
Amendment 538 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point c a (new)
Article 24 – paragraph 1 – point c a (new)
(c a) a clause guaranteeing full deletion of all customer data directly after the expiration of the period set out in paragraph 1(c) of this Article or after the expiration of an alternative agreed period later than the expiration of the period set out in paragraph 1(c);
Amendment 541 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point c b (new)
Article 24 – paragraph 1 – point c b (new)
(c b) details of all the standards and open standards, data structures and data formats in which the exportable data described according to paragraph (1) b) will be available.
Amendment 554 #
2022/0047(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. From [date X+3yr18 months] onwards, providers of data processing services shall not impose any charges on the customer for the switching process.
Amendment 560 #
2022/0047(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. From [date X, the date of entry into force of the Data Act] until [date X+3yr18 months], providers of data processing services may impose reduced charges on the customer for the switching process as long as these do not exceed the cuostomer fors incurred by the provider of data processing services directly linked to the switching process. .
Amendment 566 #
2022/0047(COD)
Proposal for a regulation
Article 25 – paragraph 2 a (new)
Article 25 – paragraph 2 a (new)
2 a. The providers of data processing services shall provide the customer with information setting out the basis for the calculation of the compensation in sufficient detail so that the customer can verify that the requirements of paragraph 2 are met.
Amendment 567 #
2022/0047(COD)
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
Amendment 580 #
2022/0047(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Providers of data processing services shall, for services that concern scalable and elastic computing resources limited to infrastructural elements such as servers, networks and the virtual resources necessary for operating the infrastructure, as well as cloud-based operating systems, but that do not provide access to the operating services, software and applications that are stored, otherwise processed, or deployed on those infrastructural elements, shall and operating systems ensure that the customer, after switching to a service covering the same service type offered by a different provider of data processing services, enjoys functional equivalence in the use of the new service.
Amendment 586 #
2022/0047(COD)
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
3. For data processing services other than those covered by paragraph 1, providers of data processing services shall ensure compatibility with open interoperability specifications or European standards for interoperability that are identified in accordance with Article 29(5) of this Regulation.
Amendment 592 #
2022/0047(COD)
Proposal for a regulation
Article 26 – paragraph 4
Article 26 – paragraph 4
4. Where the open interoperability specifications or European standards referred to in paragraph 3 do not exist for the service type concerned, the provider of data processing services shall, at the request of the customer, export all data generated or co-generated, including the relevant data formats and data structures, in a structured, commonly used and machine- readable format.
Amendment 602 #
2022/0047(COD)
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. PData holders and providers of data processing services shall take all reasonablappropriate technical, legal and organisational measures, including contractual arrangements, in order to prevent international transfer or governmental access to non-personal data held in the Union where such transfer or access would create a conflict with Union law or the national law of the relevant Member State, without prejudice to paragraph 2 or 3.
Amendment 604 #
2022/0047(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Any decision or judgment of a court or tribunal and any decision of an administrative authority of a third country requiring a data holder or provider of data processing services to transfer from or give access to non-personal data within the scope of this Regulation held in the Union may only be recognised or enforceable in any manner if based on an international agreement, such as a mutual legal assistance treaty, in force between the requesting third country and the Union or any such agreement between the requesting third country and a Member State.
Amendment 605 #
2022/0047(COD)
Proposal for a regulation
Article 27 – paragraph 3 – subparagraph 1 – introductory part
Article 27 – paragraph 3 – subparagraph 1 – introductory part
In the absence of such an international agreement, where a data holder or provider of data processing services is the addressee of a decision of a court or a tribunal or a decision of an administrative authority of a third country to transfer from or give access to non-personal data within the scope of this Regulation held in the Union and compliance with such a decision would risk putting the addressee in conflict with Union law or with the national law of the relevant Member State, transfer to or access to such data by that third-country authority shall take place only following review by the relevant competent bodies or authorities, pursuant to this Regulation to assess if, in addition to the provisions of any relevant national or Union law, the following conditions have been met:
Amendment 609 #
2022/0047(COD)
Proposal for a regulation
Article 27 – paragraph 5
Article 27 – paragraph 5
5. The provider of data processing services shall inform the data holder about the existence of a request of an administrative authority in a third-country to access its data before complying with its 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 activunless advised not to do so by a relevant competent body or authority.
Amendment 611 #
2022/0047(COD)
Proposal for a regulation
Article 28 – paragraph 1 – subparagraph 1 – introductory part
Article 28 – paragraph 1 – subparagraph 1 – introductory part
Amendment 615 #
2022/0047(COD)
Proposal for a regulation
Article 28 – paragraph 1 – subparagraph 1 – point a
Article 28 – paragraph 1 – subparagraph 1 – point a
(a) the dataset content, commercial terms. use restrictions, licences, data collection methodology, data quality and uncertainty shall be sufficiently described to allow the reparticipieants to find, access and use the data;
Amendment 616 #
2022/0047(COD)
Proposal for a regulation
Article 28 – paragraph 1 – subparagraph 1 – point b
Article 28 – paragraph 1 – subparagraph 1 – point b
(b) the data structures, data formats, vocabularies, classification schemes, taxonomies and code lists shall be described in a publicly available and consistent manner;
Amendment 619 #
2022/0047(COD)
Proposal for a regulation
Article 28 – paragraph 1 – subparagraph 1 – point c
Article 28 – paragraph 1 – subparagraph 1 – point c
(c) the technical means to access the data, such as application programming interfaces, and their terms of use and quality of service shall be sufficiently described to enable automatic access and transmission of data between parties, including continuously or in real-time in a machine-readable format and, where relevant, the means and terms for compensation for such access;
Amendment 621 #
2022/0047(COD)
Proposal for a regulation
Article 28 – paragraph 1 – subparagraph 1 – point d
Article 28 – paragraph 1 – subparagraph 1 – point d
(d) the means to enable the interoperability of smart contracts for data sharing within their services and activities shall be provided.
Amendment 622 #
2022/0047(COD)
Proposal for a regulation
Article 28 – paragraph 1 – subparagraph 2
Article 28 – paragraph 1 – subparagraph 2
Amendment 623 #
2022/0047(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. The Commission is empowered to adopt delegated acts, in accordance with Article 38 to supplement this Regulation by further specifying the essential requirements for harmonised standards referred to in paragraph 1 taking into account, where relevant, positions adopted by the European Data Innovation Board, as referred to in Article 30(f) of Regulation… [DGA].
Amendment 624 #
2022/0047(COD)
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
Amendment 627 #
2022/0047(COD)
Proposal for a regulation
Article 28 – paragraph 5
Article 28 – paragraph 5
5. The Commission shallmay, by way of implementing acts, adopt common specifications, where harmonised standards referred to in paragraph 4 of this Article do not exist or in case it considers that the relevant harmonised standards are insufficient to ensure conformity with the essential requirements in paragraph 1 of this Article, where necessary, with respect to any or all of the requirements laid down in paragraph 1 of this Article. Prior to adopting such implementing acts, the Commission shall seek advice from and take into account relevant positions adopted by the European Data Innovation Board, as referred to in Article 30(f) of Regulation… [DGA]. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2).
Amendment 628 #
2022/0047(COD)
Proposal for a regulation
Article 28 – paragraph 6
Article 28 – paragraph 6
Amendment 631 #
2022/0047(COD)
Proposal for a regulation
Article 29 – paragraph 1 – introductory part
Article 29 – paragraph 1 – introductory part
1. Open interoperability specifications and European standards for the interoperability of data processing services shall:
Amendment 638 #
2022/0047(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point c
Article 29 – paragraph 1 – point c
(c) guarantee, where technically feasible, functional equivalence between different data processing services that cover the same service type.
Amendment 639 #
2022/0047(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point c a (new)
Article 29 – paragraph 1 – point c a (new)
(c a) be developed on the basis of open decision-making accessible to all interested parties in the market or markets affected by those technical specifications;
Amendment 641 #
2022/0047(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point c b (new)
Article 29 – paragraph 1 – point c b (new)
(c b) ensure that specifications do not distort the market or limit the possibilities for implementers to develop competition and innovation based upon them;
Amendment 642 #
2022/0047(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point c c (new)
Article 29 – paragraph 1 – point c c (new)
(c c) ensure that standardised interfaces are not hidden or controlled by anyone other than the organisations that adopted the technical specifications.
Amendment 644 #
2022/0047(COD)
Proposal for a regulation
Article 29 – paragraph 2 – introductory part
Article 29 – paragraph 2 – introductory part
2. Open interoperability specifications and European standards for the interoperability of data processing services shall address:
Amendment 645 #
2022/0047(COD)
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. Open interoperability specificationstandards shall comply with paragraph 3 and 4 of Annex II of Regulation (EU) No 1025/2012.
Amendment 5 #
2022/0021(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) In the past years, the practices in the European standardisation organisations as regards their internal governance and decision-making procedures have changed. As a result, the European standardisation organisations have increased their co- operation with international and European stakeholders. Such cooperation is welcome as it contributes to the transparent, open, impartial and consensus-built standardisation process. However, when European standardisation organisations execute standardisation requests to support Union legislation and policies, unrestricted participation of any stakeholder in their internal decision-making may lead to decisions that do not entirely take into account the interests, policy objectives, and values of the Union as well as public interests in general. In order to prevent this scenario, the positions of European stakeholders should be duly reflected in the decisions of the European standardisation organisations and of the national standardisation bodies. Furthermore, the participation of legal entities which are not incorporated in the Member State concerned shall not amount to impede the adoption of any decision concerning European standards and European standardisation deliverables supported by the majority of all the other stakeholders participating in the national standardisation bodies.
Amendment 10 #
2022/0021(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) National standardisation bodies play an essential role in the standardisation system, both, at the Union level, in accordance with Regulation (EU) No 1025/2012, and at the level of Member States. National standardisation bodies are therefore best placed to make sure that the interests, policy objectives and values of the Union as well as the views of all stakeholders, including SMEs, consumer organisations, environmental and social stakeholders, and public interests in general are duly taken into account in European standardisation organisations. It is therefore necessary to strengthen their role in decision-making bodies of the European standardisation organisations when those bodies take decisions concerning European standards and European standardisation deliverables requested by the Commission under Article 10(1) of Regulation (EU) No 1025/2012.
Amendment 19 #
2022/0021(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 1025/2012
Article 10 – paragraph 2a a (new)
Article 10 – paragraph 2a a (new)
Amendment 6 #
2021/2180(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Reiterates its call on the Commission to take immediate action under the Rule of Law Conditionality Regulation to make full use of its existing investigation tools without further delay in order to address rule of law deficiencies in Member States that could affect or seriously risk affecting the sound financial management of the EU budget in a sufficiently direct way; calls on the Commission to apply the Common Provisions Regulation and Financial Regulation more stringently in order to tackle the discriminatory use of EU funds, in particular those of politically motivated nature;
Amendment 9 #
2021/2180(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Welcomes that the report assesses the state of the rule of law in every Member State; notes, however, that it fails to make a clear distinction between Member States with isolated shortcomings and those with systemic rule of law deficiencies; calls on the Commission to make this distinction in future reports;
Amendment 13 #
2021/2180(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Recalling its resolution of 8 July 2021 on the creation of guidelines for the application of the general regime of conditionality for the protection of the Union budget2 , insists that the Commission include in its annual Rule of Law Report a section dedicated to cases where breaches of the rule of law in a Member State could 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; furthermore insists that findings published in the annual Rule of Law Report should not be subject to further informal exchanges with the concerned Member State for sending a notification under Article 6(1) of the Rule of Law Conditionality Regulation; _________________ 2 Texts adopted, P9_TA(2021)0348.
Amendment 17 #
2021/2180(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Recalls that the Rule of Law Conditionality Regulation applies both to individual breaches of the principles of the rule of law and to ‘systemic’ breaches that are widespread or are a result of recurrent practices or omissions by public authorities, or general measures adopted by such authorities; regrets that the structure of the 2021 Rule of Law Report does not always lend itself to the effective identification of such systemic breaches and calls on the Commission for improvements in this respecto draft the report for 2022 to ensure that the scrutiny of such systemic breaches is fully reflected in the annual Rule of Law Report.
Amendment 23 #
2021/2180(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Calls on the Commission to focus in the annual Rule of Law Report also on the country specific recommendations under the European Semester relevant for the annual Rule of Law report, in particular those linked to the independence of the judiciary and the public prosecutor as well as those linked to fighting corruption and ensuring transparency and integrity, where relevant;
Amendment 24 #
2021/2180(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Underlines the primordial role of civil society actors in the early identification of elements for the drafting of the annual Rule of Law Report and strongly insists that a proper consultation with reasonable timelines (in particular excluding the winter holiday period from the 2 months usually foreseen) is set by the Commission; further asks the Commission to reconsider the format of a one-size-fits-all questionnaire for providing input and that the consultation is followed up by a proper dialogue with the participating CSOs and that their input is fully reflected in the annual Rule of Law Report; encourages the Commission to seek further input from civil society on how to optimise the consultation process for future reports;
Amendment 25 #
2021/2180(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3 c. Is concerned by the spill over effects of the erosion of media freedom especially as regards the protection of the Union’s financial interests; urges the Commission to provide an assessment of the efficiency and effectiveness of the national frameworks for the protection of media freedom and media pluralism with a particular focus on the role media plays in fighting corruption; stresses the importance of assessing and monitoring the situation of the media in the Member States, in particular by examining measures taken by any government to silence critical media and/or to undermine freedom and pluralism, in order to prevent the risk of further concentration of information in the hands of a few, which could hamper the spread of free and independent information with a focus on both the public service and private media sector at national level and its de jure and de facto degree of independence from national authorities, political parties or any other interference, including the lack of an assessment of potential conflicts of interest and of media concentration and transparency of media ownership; highlights the need to ensure the financial independence of and conditions for sustainable activity by private media operators in order to avoid the political capture of the media;
Amendment 10 #
2021/2071(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the Regulation entered into force on 1 January 2021 and has been binding in its entirety and directly applicable in all Member States since that date to all payments made since the entry into force of the Regulation;
Amendment 36 #
2021/2071(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. 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 and stresses the preventive aspect of the conditionality mechanism and the fact that it can serve as an ex-ante instrument;
Amendment 55 #
2021/2071(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Recalls that the non-effective or untimely cooperation with EPPO and OLAF constitutes a ground for action under the Regulation; stresses that in the case of EPPO, effective and timely cooperation entails not only an obligation for national authorities to actively assist and support the criminal investigations and prosecutions of EPPO but also for the national government to ensure that its European and Delegated Prosecutors are appointed in a timely and impartial manner; is also of the opinion that the systematic lack of follow-up to OLAF recommendations is an omission in the meaning of the Regulation;
Amendment 60 #
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; especially underlines the need to take into account final judgments of national, international and European courts, such as the European Court of Human Rights and the Court of Justice; calls on the Commission to include in its annual Rule of Law Report a dedicated section with an analysis of cases where breaches of the principles of the rule of law in a particular Member State could affect or seriously risk affecting the sound financial management of the Union budget in a sufficiently direct way and to establish a systematic relationship between these two separate tools;
Amendment 81 #
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 sector-specific or financial legislation would not allow the Union budget to be protected more effectively enough; 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 in the most effective and efficient manner, to be chosen on a case- by-case basis, and in parallel if needed, depending on their efficiency and effectiveness;
Amendment 84 #
2021/2071(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Points out that the Regulation covers all Union funds and applies also 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;
Amendment 87 #
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 the judiciary or the neutrality of public authorities, and in particular, the proper functioning of public entities with a mandate to prevent and fight corruption, fraud, tax evasion and conflict of interest have in general a clear indirect impact on the proper management, spending and control of Union funds;
Amendment 94 #
2021/2071(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Notes that Article 6(4) of the Regulation foresees the possibility for the Commission to request additional information to carry out its assessment both before and after having sent the written notification; stresses that such requests before the written notification should remain exceptional and punctual so as to not jeopardise the precise timeline for the adoption of measures provided for in the Regulation;
Amendment 101 #
2021/2071(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Recalls that measures taken under the Regulation should be proportionate, in the light of the actual or potential impact on the sound financial management of the Union budget or the financial interests of the Union, taking into account the nature, duration, gravity and scope of the breaches of the principles of the rule of law; considers that, in general, the seriousness of that impact will reflect the seriousness of the breacheunderlines the need to take into account the degree of cooperation of the Member State concerned, or its refusal to cooperate sincerely with the Commission in the context of the procedures pursuant to the Regulation, or a possible persistence or repetition of similar breaches, despite earlier recommendations or proposals made by the EU institutions;
Amendment 107 #
2021/2071(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Recalls that, unless the decision adopting the measures states otherwise, the imposition of appropriate measures under the Regulation does not affect the obligations of Member States towards legitimate interests of final recipients or beneficiaries, including the obligation to make payments;
Amendment 110 #
2021/2071(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Commission to implement Article 5(4) of the Regulation and swiftly set up a website or internet portal with information and guidance for the benefit of final recipients or beneficiaries and with adequate tools for them to inform the Commission about any breach of the legal obligation to continue making payments after measures pursuant to this Regulation are adopted, such as a simple, easy-to-use and structured complaint form;
Amendment 114 #
2021/2071(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Stresses that, in shared management, measures under the Regulation cannot be considered to affect the availability of funding for payments of legitimate claims to beneficiaries; recalls also that Member States concerned by those measures must regularly report to the Commission on compliance with their obligations towards final recipients or beneficiaries;
Amendment 2 #
2021/2003(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the gender action plan III (GAP III), and in particular, the commitment of 85 % of the EU’s official development aid (ODA) being allocated to programmes having gender equality as a significant or as a principal objective and at least one dedicated action program for each country; calls for 20 % of ODA in each country to be allocated to programmes having gender equality as one of its principal objectives; expects no ODA spending to counter gender-equality achievements; emphasises the need for coordinated and coherent EU action and calls for close cooperation with other actors; especially Member States and multilateral development banks, in order to maximise development effectiveness, including in the use of innovative financial instruments such as blending;
Amendment 8 #
2021/2003(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Highlights that in order to maximise the impact of EU action funding needs to be accessible for local and small civil society organisations and other relevant local actors that work most closely with girls and women in all their diversity with special focus on single parents and vulnerable situations; 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 14 #
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 consult Parliament on the monitoring system and in particular, welcomes the support announced by the Commission regarding the inclusion of the module on gender responsiveness in all new public expenditures and financial accountability assessment reports; expects the Commission to consult Parliament on the monitoring system in line with the agreement as per Article 16 (f) of the Inter-institutional Agreement on budgetary discipline;
Amendment 19 #
2021/2003(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Welcomes the accomplishments made so far on gender in landing policies of the European Investment Bank and calls on the Bank to scale up its efforts and in particular to take into account to the maximum extent possible the policy goals of the GAP III in its external landing mandate;
Amendment 24 #
2021/2003(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for the establishment of an extensive and comprehensive training programme to underpin the implementation of the GAP III, and for the EU to develop gender equality guidelines for all EU actors implementing the GAP III; namely on gender mainstreaming, gender budgeting, gender impact assessments and gender analyses as well as gender-based violence; and for the EU to develop gender equality guidelines for all EU actors implementing the GAP III; and in particular, to employ a full time gender focal points in each EU delegation with sufficient resources and time to perform their tasks as well as gender advisers in military CSDP missions;
Amendment 26 #
2021/2003(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Expects that the gender transformative approach of the GAP III be fully respected and that the principle of non-discrimination on the basis of sexual orientation, gender identity, gender expression and sex characteristics be fully upheld in the implementation of all funds and accessibility for projects and applicants; believes that this entails the proactive inclusion of civil society organisations working on the intersection of women’s rights and LGBTIQ rights. in particular for projects focused on gender- based and/or domestic violence, education, SRHR and combatting gender stereotypes;
Amendment 68 #
2021/0425(COD)
Proposal for a directive
Recital 4
Recital 4
(4) As part of the Package “Clean Energy for all Europeans” proposed by the Commission on 30 November 2016, Regulation (EU) 2019/9436 and Directive (EU) 2019/9447 brought about a further step in the development of the internal market for electricity with citizens at its core and contributing to the Union’s objectives of transition to a clean energy system and reducing greenhouse gas emissions. The internal market in natural gas should be built on those same principles and, in particular, ensure an equal level of consumer protection. _________________ 6 Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 2019 on the internal market for electricity (OJ L 158, 14.6.2019, p. 54). 7 Directive (EU) 2019/944 of the European Parliament and of the Council of 5 June 2019 on common rules for the internal market for electricity and amending Directive 2012/27/EU (OJ L 158, 14.6.2019, p. 125)ensure that consumers are not subsidising investments that they will not be using in the future as well as minimising the risk of stranded assets and their related future costs.
Amendment 70 #
2021/0425(COD)
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4 a) To achieve the objectives of the European Green Deal, of the 8th Environmental Action Plan and in line with the Paris Climate Agreement, the Union should phase-out fossil fuels, including fossil gas, by 2035 and achieve a highly energy-efficient and fully renewable based economy by that date. Therefore, this directive should set a common framework for the phase out of natural gas supply by 2035 and for decommissioning related infrastructure assets.
Amendment 71 #
2021/0425(COD)
Proposal for a directive
Recital 5
Recital 5
(5) The Union has aims to cut greenhouse gas emissions by at least 55% by 2030, and become the first climate neutral continent by 2050, set out in the European Green deal and the Paris Agreement. It has therefore adopted a set of initiatives to reach that goal, including the energy system integration strategy and the hydrogen strategy published by the Commission in July 2020, which set out how to update the energy markets, including the decarbonisation of gas markets as well as Regulation (EU) 2018/1999 and Regulation (EU) 2021/1119. This Directive should contribute to achieving these goals, ensuring security of supply and a well- functioning internal market for renewable gases, including for hydrogen.
Amendment 73 #
2021/0425(COD)
Proposal for a directive
Recital 6
Recital 6
(6) This Directive aims to facilitate the penetration of renewable and low-carbon gases into the energy system enabling a shifphasing-out from fossil gas and to allow these new gases to play an important role towards achieving the EU’s 2030 climate objectives and climate neutrality in 2050. The Directive aims also to set up a regulatory framework which enables and incentivises all market participants to take the transitional role of fossil gas into account whileshift away from fossil gas, and planning their activities to avoid lock-in effects andin any kind of fossil fuel, as well as ensure gradual and timely phase-out of fossil gas notably in all relevant industrial sectors and for heating purposes.
Amendment 74 #
2021/0425(COD)
Proposal for a directive
Recital 8
Recital 8
(8) In line with the EU Hydrogen Strategy,Repower EU Strategy, 10 mt of domestic renewable hydrogen and 10 mt of imported renewable hydrogen isare expected to be deployed on a large-scale fromby 2030 onwards for the purpose of decarbonising certain sectors and applications that do not have any other more sustainable and energy efficient renewable solutions, ranging from aviation and shipping to hard-to- decarbonise industrial sectors. All final customers connected to hydrogen systems will benefit from basic consumer rights applicable to final customers connected to the natural gas system such as the right to switch supplier and accurate billing information. In those instances where customers are connected to the hydrogen network, e.g. industrial customers, they will benefit from the same consumer protection rights applicable to natural gas customers. However, consumer provisions designed to encourage household participation on the market such as price comparison tools, active customers and citizen energy communities do not apply to the hydrogen system.
Amendment 77 #
2021/0425(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Consumer interests should be at the heart of this Directive and quality of service should be a central responsibility of natural gas undertakings. Existing rights of consumers and rights for access to essential services, including energy, as well as the right to a secure and affordable energy supply, and safeguarding against energy poverty, as stated in the European Pillar of Social Rights communication need to be strengthened and guaranteed, and should include greater transparency. To this respect, any cross-subsidisation of hydrogen network through gas or electricity network tariffs should not be allowed, as it puts the burden of the energy transition of the industry sector on gas or electricity users, including households, by increasing their gas or electricity bills, while they are not expected to use hydrogen in the future. Consumer protection should ensure that all consumers in the wider remit of the Union benefit from a competitive gas market. Consumer rights should be enforced by Member States or, where a Member State has so provided, the regulatory authorities.
Amendment 82 #
2021/0425(COD)
Proposal for a directive
Recital 19
Recital 19
(19) Market rules should protect and empower customers to make low carbonenergy efficient and renewable choices, in order for new renewable and low carbon gases to be fully embedded in the energy transition.
Amendment 83 #
2021/0425(COD)
Proposal for a directive
Recital 20
Recital 20
(20) Natural gas still plays a key role in energy supply, asCurrently, household energy consumption from natural gas is still higher than from electricity. Although electrification is a key element of the green transition, in the future there will still be household natural gas consumption including increasing volumes of renewable gaHigh levels of renewable based electrification wherever is technically feasible is a key element of the green transition, whereas only a minor role for sustainable renewable based gases may be still relevant at household level in certain circumstances, as for instance in rural communities.
Amendment 85 #
2021/0425(COD)
Proposal for a directive
Recital 23
Recital 23
(23) As in the electricity sector, market flexibilities and an adequate Union consumer rights’ legal framework in the natural gas sector are essential to ensure that consumeritizens can participate in the energy transition and benefit from affordable prices, good standards of service, and effective choice of offers mirroring sustainable technological developments.
Amendment 88 #
2021/0425(COD)
Proposal for a directive
Recital 27
Recital 27
(27) To be coherent and effective, this mirroring approach should be encompass all consumer protection and empowerment provisions, whenever feasible and adaptable to the gas marketprovisions. This should go from basic contractual rights to rules for billing information, switching energy provider, having at disposal reliable comparison tools, protecting vulnerable and energy poor consumers, ensuring adequate data protection for smart meters and data management, and efficient alternative dispute resolution rules.
Amendment 89 #
2021/0425(COD)
Proposal for a directive
Recital 29
Recital 29
(29) The modernisintegration of the gas sector is expected to lead torenewable gases, particularly substantial economic benefits in terms of both improved retail competition and its social and distributional benefits and customer empowerment, includinginable biomethane, into the natural gas system is expected to lead to improved retail competition, strengthened contractual rights and better available information on consumption and energy sources leading to greener choices. Energy communities-of-i, which also include uptaking energy efficiency measures and switching from gas to other more sustainable and energy efficiente restnewable energy should contribute torces. Renewable energy communities could play a role in the uptake of sustainable renewable gas.
Amendment 91 #
2021/0425(COD)
Proposal for a directive
Recital 30
Recital 30
(30) Switching from fossil fuels to renewable energies is an important indicator of consumer engagement as well as in important tool to boost competition on the natural gas markettowards achieving the ecological transition. While the possibility of switching suppliers is an important tool to boost competition on the gas market and should therefore be guaranteed as basic right to consumers. Switching rates remain inconsistent among Member States and consumers are discouraged from switching both energy source and supplier by exit and termination fees. Although removing such fees might limit consumer choice by eliminating products based on rewarding consumer loyalty, restricting their use further should improve consumer welfare, consumer engagement and competition in the market.
Amendment 94 #
2021/0425(COD)
Proposal for a directive
Recital 32
Recital 32
(32) Several factors impede consumers from accessing, understanding and acting upon the various sources of market information available to them. It follows that the comparability of offers should be improved and barriers to switching should be minimised to the greatest practicable extentby providing greater access to information, including on the sustainability of the energy offers, and to comparison tools for all customers. Barriers to switching should be eliminated without unduly limiting consumer choice.
Amendment 97 #
2021/0425(COD)
Proposal for a directive
Recital 33
Recital 33
(33) Independent comparison tools, including websites, are an effective means for smaller customers to assess the merits and environmental impact of the different energy offers that are available on the market. They should aim to include the broadest possible range of available offers, and to cover the market as completely as is feasible so als to give the customer a representative overview. This comparison tool should also include information on energy origins, share and quantity, as well as other relevant environmental impact indicators, including level of greenhouse gas emissions. It is crucial that smaller customers have access to at least one comparison tool and that the information given on such tools be trustworthy, impartial and transparent. To that end, Member States could provide for a comparison tool that is operated by a national authority or a private company.
Amendment 98 #
2021/0425(COD)
Proposal for a directive
Recital 34
Recital 34
Amendment 100 #
2021/0425(COD)
Proposal for a directive
Recital 35
Recital 35
Amendment 101 #
2021/0425(COD)
Proposal for a directive
Recital 36
Recital 36
Amendment 103 #
2021/0425(COD)
Proposal for a directive
Recital 37
Recital 37
(37) Bills and billing information are an important means to inform and empower final customers. Energy bills remain the most common consumer concern and source of consumer complaints, a factor that contributes to the persistently low levels of consumer satisfaction and engagement in the gas sector. Provisions for billing information in the gas sector also lag behind rights granted to consumers in the electricity sector. It is therefore necessary to align them and to set minimum requirements for bills and billing information in the gas sector, so that consumers have access to transparent, complete, easy to understand information. Bills should convey information to the final consumers on their consumption and costs, as greenhouse gas emission intensity, type of energy, its share and quantity, thus facilitating comparison between offers and switching supplier, as well as information on their consumer rights (such as on alternative dispute resolution). In addition, bills should be a tool to actively engage consumers in the market, so that consumers can manage their consumption patterns and make greener choices.
Amendment 109 #
2021/0425(COD)
Proposal for a directive
Article 1 – paragraph -1 (new)
Article 1 – paragraph -1 (new)
-1. This Directive establishes a common framework for the phase out of natural gas supply by 2035 and decommissioning of related infrastructure assets in line with the energy efficiency first principle and the obligations set out in the EU climate law (XXX/xx).
Amendment 110 #
2021/0425(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive establishes common rules for the transmission, distribution, supply and storage of gases within the meaning of Article 2, point (2) using the natural gas system defined in point (3) of that Article together with consumer protection provisions, with a view to creating truly integrated, competitive, consumer-centred, flexible, fair, transparent and non-discriminatory markets for gases in the Union. It lays down the rules relating to the organisation and functioning of that sector, access to the market, the criteria and procedures applicable to the granting of authorisations for transmission, distribution, supply and storage of gases using the natural gas system and the operation of systems.
Amendment 112 #
2021/0425(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 69
Article 2 – paragraph 1 – point 69
(69) ‘energy poverty’ means energy poverty as defined in point (492) of Article 2 of Directive (EU) 2021/0203 COD of the European Parliament and of the Councilthe [Social and Climate Fund xxx/xxx].
Amendment 113 #
2021/0425(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 70
Article 2 – paragraph 1 – point 70
Amendment 114 #
2021/0425(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 71
Article 2 – paragraph 1 – point 71
Amendment 124 #
2021/0425(COD)
Proposal for a directive
Article 8 – paragraph 4
Article 8 – paragraph 4
4. The obligations laid down in paragraph 2 shall apply regardless of whether low carbon fuels are produced within the Union or are imported. Information about the geographic origin and, feedstock type, life cycle GHG emissions, and other environmental criteria of low carbon fuels or low carbon hydrogen per fuel supplier shall be made available to consumers on the websites of operators, suppliers or the relevant competent authorities and shall be updated on an annual monthly basis.
Amendment 127 #
2021/0425(COD)
Proposal for a directive
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2 a. Member States shall also take appropriate measures to ensure that network operators do not include any costs related to the repurposing of the current gas network to allow for blending with hydrogen or rolling out the hydrogen network in their gas or electricity network tariffs.
Amendment 128 #
2021/0425(COD)
Proposal for a directive
Article 10 – paragraph 3 – point a
Article 10 – paragraph 3 – point a
(a) the identity and address of the supplier, contact details (address, phone number and email of customer service);
Amendment 133 #
2021/0425(COD)
Proposal for a directive
Article 10 – paragraph 3 – subparagraph 2
Article 10 – paragraph 3 – subparagraph 2
Final customers shall be provided with a summary of the key contractual conditions in a prominent manner and in concise and simple language. This summary shall be provided together with the key information on energy offers as referred to in paragraph 3(a) of this Article.
Amendment 134 #
2021/0425(COD)
Proposal for a directive
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
3 a. In addition to the provision of information on contractual conditions as laid down in paragraph 3 of this Article, final customers shall be provided with key information on the energy offers in a concise and easy-to-understand language based on a common terminology agreed at national level. As a minimum, the key information on energy offers shall include: (a) product name and main features, including information on environmental impact, level of greenhouse gas emissions and, where relevant, related savings, guarantee of origin of energy from renewables sources; (b) clear description of the price and tariffs offered, either fixed or variable, as well as conditions for their changes during contract performance; (c) clear description of promotions and discounts, including the date when it elapses; (d) information on additional services (e.g. maintenance, insurance, energy efficiency measures) and their price; (e) total price of natural gas (including all cost components, i.e. supply, distribution, taxes and levies) as well as the single unit price (including all charges and taxes); (f) one-time payments, including activation fees and costs for the connection to the network; (g) contract duration and conditions for termination and switching, including notice period, fees and penalties, where relevant; (h) payment frequency and available payment method. Important clauses such as those on the product, discounts and factors unrelated to thee electricity supply should be presented in a prominent manner, together with key contractual conditions, so as to be immediately identifiable by customers. Member States shall establish a common terminology agreed at national level to ease comparison of offers for customers.
Amendment 136 #
2021/0425(COD)
Proposal for a directive
Article 10 – paragraph 5
Article 10 – paragraph 5
5. Suppliers shall provide final customers with transparent information on applicable prices and, tariffs and on, standard terms and conditions, in respect of access to and use of gases services and, if relevant, on additional products and/or services bundled with the service.
Amendment 137 #
2021/0425(COD)
Proposal for a directive
Article 10 – paragraph 10
Article 10 – paragraph 10
10. Suppliers shall provide natural gas household customers with adequate information on alternative measures to disconnection sufficiently in advance of any planned disconnection. Such alternative measures mayshall inclusde information about sources of support to avoid disconnection, prepayment systems, energy audits, energy consultancy services, alternative payment plans, debt management advice or disconnection moratoria and shall not entail an extra cost to the customers facing disconnection. Disconnections to household customers using natural gas for heating shall be prohibited during winter times. Disconnections shall also be prohibited during ongoing legal or extra-legal disputes between the supplier and customers.
Amendment 139 #
2021/0425(COD)
Proposal for a directive
Article 10 – paragraph 11
Article 10 – paragraph 11
11. Suppliers shall provide final customers with a final closure account after any switch of supplier no later than sixfour weeks after such a switch has taken place
Amendment 140 #
2021/0425(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Customers shall have the right to switch gases suppliers or market participants. Switching supplier or market participant shall be carried out within the shortest possible time, and in any case not later than two weeks from the date of the request. Member States shall ensure that a customer wishing to switch suppliers or market participants, while respecting contractual conditions, is entitled to such a switch within a maximum of threewo weeks from the date of the request. By 2026 at the latest, the technical process of switching supplier or market participant shall take no longer than 24 hours and shall be possible on any working day.
Amendment 144 #
2021/0425(COD)
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Member States shall ensure that the right to switch supplier or market participant is granted to all customers in a non-discriminatory manner as regards cost, effort and time.
Amendment 145 #
2021/0425(COD)
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1
Article 11 – paragraph 3 – subparagraph 1
Such fees shall be proportionate and shall not exceed the direct economic loss to the supplier or the market participant resulting from the customer's termination of the contract, including the costs of any bundled investments or services that have already been provided to the customer as part of the contract. The burden of proving the direct economic loss shall be on the supplier or market participant. The permissibility of contract termination fees shall be monitored by the regulatory authority, or by another competent national authority. In case of bundled investments in equipment, the direct economic loss to the supplier shall be determined based on one of the following criteria, whichever amount is smaller: (a) prorata temporis residual value of subsidised equipment bundled with the contact, (b) remaining part of service fee;
Amendment 149 #
2021/0425(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
Member States shall ensure that at least one tool covers the entire natural gas market. Where multiple tools cover the market, those tools shall include, as complete as practicable, a range of gas offers covering a significant part of the market and, where those tools do not completely cover the market, a clear statement to that effect, before displaying results. The information shall be displayed in a way that allows consumers to clearly identify and filter the parameters relevant to their search. As a minimum, the following elements shall be displayed in a prominent manner: (i) availability of “green tariffs”; (ii) exceptional or short-term conditions of offers. The list of elements to be displayed in a prominent manner may be updated and expanded by the competent authority as referred to in paragraph 4 of this Article.
Amendment 152 #
2021/0425(COD)
Proposal for a directive
Article 12 – paragraph 3
Article 12 – paragraph 3
3. Member States mayshall require comparison tools referred to in paragraph 1 to include comparative criteria relating to the nature of the services offered by the supplier, including on aspects such as termination of contract or switching, availability of sustainable offers, the quality of the service, the availability of effective complaint- handling mechanisms, and the level of consumer satisfaction, offered by the suppliers. In establishing these criteria, Member States shall consult relevant stakeholders, including organisations representing consumers interests.
Amendment 153 #
2021/0425(COD)
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
4. Member States shall appoint a competent authority to be responsible for issuing trust marks for comparison tools that meet the requirements set out in paragraph 1, and for ensuring that comparison tools bearing a trust mark continue to meet those requirements. That authority shall be independent of any market participants and comparison tool operators. Suppliers shall provide the national competent authorities appointed with information on past and current energy offers in view of establishing a database to be used by certified comparison tools.
Amendment 155 #
2021/0425(COD)
Proposal for a directive
Article 13
Article 13
Amendment 171 #
2021/0425(COD)
Proposal for a directive
Article 23 – paragraph 1
Article 23 – paragraph 1
Member States shall ensure that single points of contact are established to provide customers with all necessary information concerning their rights, the applicable law and dispute settlement mechanisms available to them in the event of a dispute. Such single points of contact may be part of general consumer information points and may be the same entities as the single contact points for electricity referred to in Article 26 of Directive 2019/944/EU [on common rules for the internal market in electricity] or one-stop-shops established under [RED, EED, EPBD XX/XX]. Single point of contact shall also provide clear and complete information about available support measures, including those targeted to vulnerable customers, such as temporary income support mechanism, support for energy efficiency measures, building renovations, alternative renewables based heating and cooling systems and access to renewable energy production, self-consumption, sale and storage. Member States shall ensure that final customers are informed about where to find single points of contact. Member States shall ensure that information on certified comparison tools are provided to consumers through Single Points of Contact, as well as ensure access to at least one accessible comparison tool to customers that request it, including those without internet access.
Amendment 173 #
2021/0425(COD)
Proposal for a directive
Article 24 – paragraph 3 a (new)
Article 24 – paragraph 3 a (new)
3 a. Member States shall regularly assess the functioning of the out-of-court dispute settlement mechanisms, especially with regard to the participation and compliance of energy service providers, intermediaries and distribution system operators.
Amendment 174 #
2021/0425(COD)
Proposal for a directive
Article 25 – paragraph 1
Article 25 – paragraph 1
Member States shall take appropriate measures to protect final customers, and shall, in particular, ensure that there are adequate safeguards to protect vulnerable customers. In this context, each Member State shall define the concept of vulnerable customers which may refer to energy poverty. Measures to protect vulnerable consumers mayshall include, inter alia, to the prohibition of disconnection to such customers in critical times. , and in all cases during winter times. The concept of vulnerable customers shall at least include income levels, the share of energy expenditure in disposable income, the energy efficiency of homes, critical dependence on gas equipment for health reasons, and age. Member States shall ensure that rights and obligations linked to vulnerable customers are applied.
Amendment 178 #
2021/0425(COD)
Proposal for a directive
Article 25 – paragraph 2
Article 25 – paragraph 2
In particular, Member States shall take appropriate measures to protect final customers in remote areas who are already connected to the natural gas or hydrogen systems. .Member States mayshall appoint a supplier of last resort for household customers, and, where Member States deem it to be appropriate, small enterprises considered to be vulnerable customers connected to the gas system.. They shall ensure high levels of According to relevant provisions of this Directive, consumer protection, particularly with respect to transparency regarding contractual terms and conditions, general information and dispute settlement mechanisms shall be always ensured. Social tariffs and supplier of last resort tariffs for vulnerable or energy poor customers shall not be higher than the lowest market price.
Amendment 179 #
2021/0425(COD)
Proposal for a directive
Article 25 – paragraph 2 a (new)
Article 25 – paragraph 2 a (new)
Amendment 184 #
2021/0425(COD)
Proposal for a directive
Article 27 – paragraph 2
Article 27 – paragraph 2
2. The provisions of this Directive shall not prevent the conclusion of long- term contracts for renewable and low carbon gases in so far as they comply with Union competition rules and contribute to decarbonisation. No long-term contracts for supply of unabated fossil gas shall be concluded with a duration beyond the end of year 204935 .
Amendment 187 #
2021/0425(COD)
Proposal for a directive
Article 71 – paragraph 1 – point g
Article 71 – paragraph 1 – point g
(g) ensuring that customers benefit through the efficient functioning of their national market, promoting effective competition and helping to ensureensure high-level of consumer protection in close cooperonsultation with relevant consumer protection authorities ;
Amendment 188 #
2021/0425(COD)
Proposal for a directive
Article 71 – paragraph 1 – point g a (new)
Article 71 – paragraph 1 – point g a (new)
(g a) ensuring that customers benefit from the efficient functioning of market overlapping with other electricity markets, and where cross-sectorial issues arise, clarifying competencies among regulators and competent authorities to ensure cost- efficient solutions;
Amendment 189 #
2021/0425(COD)
Proposal for a directive
Article 71 – paragraph 1 a (new)
Article 71 – paragraph 1 a (new)
To ensure consistency with the overall policy objectives of this Directive, namely the protection of consumer interests, national regulatory authorities shall consult relevant consumer organisations to take into consideration their interests and preferences in developing energy policies but also to identify shortcomings in the implementation of their rights as laid down under this Directive.
Amendment 190 #
2021/0425(COD)
Proposal for a directive
Article 72 – paragraph 1 – point s
Article 72 – paragraph 1 – point s
(s) respecting contractual freedom with regard to long-term contracts provided that they are compatible with Union law and consistent with Union policies and provided they contribute to decarbonisation objectives. No long-term contracts for supply of unabated fossil gas shall be concluded with a duration beyond the end of year 2049 35;
Amendment 191 #
2021/0425(COD)
Proposal for a directive
Article 72 – paragraph 1 – point v
Article 72 – paragraph 1 – point v
(v) helping to eEnsure, together with other relevant authorities, that the consumer protection measures, including those set out in Annex I, are effective and enforced; through proper monitoring and reporting. In light of consumer interests, the monitoring shall particularly assess: (a) the availability and access to information with regard to energy offers, and possibility to compare them by using certified comparison tools; (b) the existence of misleading practices and offers; (c) the existence of barriers for customers to exercise their rights such as switching, termination of contract, and access to out- of-court dispute settlement mechanism, (d) the existence of measures to promote energy savings for household customers affected by energy poverty, and in particular by assessing the effectiveness of measures notified within the framework of Article 25 of this Directive
Amendment 192 #
2021/0425(COD)
Proposal for a directive
Article 72 – paragraph 1 – point y
Article 72 – paragraph 1 – point y
(y) monitoring the strict implementation of rules relating to the roles and responsibilities of transmission system operators, distribution system operators, hydrogen network operators, suppliers and customers and other market parties pursuant to [recast Gas Regulation as proposed in COM(2021) xxx] including rules requiring network operators to maintain separate regulated asset bases for gas, electricity and hydrogen assets and ensuring that financial transfers between different regulated asset bases do not take place;
Amendment 143 #
2021/0381(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The supply of and demand for political advertising are growing and increasingly cross-border in nature. A large, diversified and increasing number of services are associated with that activity, such as political consultancies, advertising agencies, “ad-tech” platforms, public relations firms, influencers and various data analytics and brokerage operators. Political advertising can take many forms including paid content, sponsored search results, paid targeted messages, promotion in rankings, promotion of something or someone integrated into content such as product placement, influencers and other endorsements. Related activities can involve for instance the dissemination of political advertising upon request of a sponsor or the publication of content against payment or equivalent remuneration.
Amendment 144 #
2021/0381(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Political advertising can be disseminated or published through various means and media across borders. I both online and offline. It is rapidly increasing as it can be disseminated or published via traditional offline media such as newspapers, television and radio, and also increasingly via online platforms, websites, mobile applications, computer games and other digital interfaces. The latter are not only particularly prone to be offered cross- border, but also raise novel and difficult regulatory and enforcement challenges. The use of online political advertising is strongly increasing, and certain linear offline forms of political advertising, such as radio and television, are also offered online as on-demand services. Political advertising campaigns tend to be organised to make use of a range of media and forms.
Amendment 147 #
2021/0381(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The need to ensure transparency is a legitimate public goal, in conformity with the values shared by the EU and its Member States pursuant to Article 2 of the Treaty on European Union (‘TEU’). It is not always easy for citizens to recognise political advertisements and exercise their democratic rights in an informed manner. A high level of transparency is necessary, among others, to support an open and fair political debate and free and fair elections or referendums and to combat disinformation and unlawful interference including from abroad. Political advertising can be a vector of disinformation in particular where the advertising does not disclose its political nature, andor where it is targeted. Transparency of political advertising contributes to enabling voters and individuals in general to better understand when they are being presented with a political advertisement on whose behalf that advertisement is being made, and hows well as how and why they are being targeted by an advertising service provider, so that voters are better placed to make informed choices.
Amendment 150 #
2021/0381(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) In the context of political advertising, targeting, ad delivery and amplification techniques are frequently used. Targeting or amplification techniques should be understood as techniques that are used either to address, disseminate or present a tailored political advertisement only to a specific person or group of persons or to increase the circulation, reach or visibility of a political advertisement. Ad delivery techniques should be understood as techniques that are used to determine the dissemination or delivery of a political advertisement to a specific person or group of persons within the targeted group, generally defined by sponsors or providers of political advertising services acting on behalf of sponsors. Amplification techniques should be understood as fully or partially automated techniques that are used to suggest or prioritise a political advertisement to increase its circulation, reach or visibility. Given the power and the potential for the misuse of personal data of targeting, including through microtargeting and other advanced techniques, such techniques may present particular threats to legitimate public interests, such as democratic principles, fairness, equal opportunities and transparency in the electoral process and the fundamental rights to be informed in an objective, transparent and pluralistic way, to data protection, a private life and to non-discrimination. Targeting, delivery and amplification techniques which are incompatible with fundamental rights should be prohibited.
Amendment 158 #
2021/0381(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Political advertising is currently regulated heterogeneously in the Member States, which in many cases tends to focus on traditional media forms. Specific restrictions exist including on cross-border provisions of political advertising services. Some Member States prohibit EU service providers established in other Member States from providing services of a political nature or with a political purpose during electoral periods. At the same time, gaps and loopholes in national legislation are likely to exist in some Member States resulting in political advertising sometimes being disseminated without regard to relevant national rules and thus risking undermining the objective of transparency regulation for political advertising. Therefore, advertisement campaigns that are carried out outside of official electoral periods of a Member State may also be considered as political advertisment for the purpose of this Regulation.
Amendment 167 #
2021/0381(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Full harmonisation of the transparency requirements should be without prejudice to the freedom of providers of political advertising services to provide on a voluntary basis further information on political advertising, as part of the freedom of expression protected under Article 11 of the Charter of Fundamental Rights.
Amendment 171 #
2021/0381(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The Regulation should provide for harmonised transparency requirement applicable to economic actors providing political advertising and related services (i.e. activities that are normally provided for remuneration); those services consist in particular of the preparation, placement, promotion, publication, delivery, and dissemination of political advertising. The rules of this Regulation that provide for a high level of transparency of political advertising services are based on Article 114 of the TFEU. This Regulation should also address the use of targeting and amplification techniques in the context of the publication, dissemination, delivery, or promotion of political advertising that involve the processing of personal data. The rules of this Regulation that address the use of targeting and amplification are based on Article 16 of the TFEU. Political advertising directed to individuals in a Member State should include advertising entirely prepared, placed or published by service providers established outside the Union but disseminated to individuals in the Union. To determine whether a political advertisement is directed to individuals in a Member State, account should be taken of factors linking it to that Member State, including language, context, objective of the advertisement and its means of dissemination.
Amendment 177 #
2021/0381(COD)
(16) The definition of political advertising should include advertising publishrepared, published, delivered or disseminated directly or indirectly by or published, delivered or disseminated directly or indirectly for or on behalf of a political actor. Since advertisements by, for or on behalf of a political actor cannot be detached from their activity in their role as political actor, they can be presumed to be liablekely to influence the political debate, except for messages of purely private or purely commercial nature.
Amendment 182 #
2021/0381(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The publication, delivery or dissemination by other actors of a message that is liablekely to influence the outcome of an election or referendum, legislative or regulatory process or voting behaviour should also constitute political advertising. In order to determine whether the publication or dissemination of a message is liablekely to influence the outcome of an election or referendum, a legislative or regulatory process, or voting behaviour, account should be taken of all relevant factors such as the content of the message, the language used to convey the message, the context in which the message is conveyed, the objective of the message and the means by which the message is published or disseminated. Messages on societal or controversial issues may, as the case may be, be liablekely to influence the outcome of an election or referendum, a legislative or regulatory process, or voting behaviour.
Amendment 190 #
2021/0381(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Political views expressed or disseminated in the programmes of audiovisual linear broadcasts or published in printed media without direct payment or equivalent remuneration should not be covered by this Regulation.
Amendment 192 #
2021/0381(COD)
Proposal for a regulation
Recital 21
Recital 21
Amendment 196 #
2021/0381(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The concept of political actors should also include unelected officials, elected officials, candidates and members of Government at European, national, regional or local level. Other political organisations such as lobbying organisations and think tanks should also be included in that definition.
Amendment 198 #
2021/0381(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) An advertising campaign should refer to the preparation, publication and dissemination of a series of linked advertisements in the course of a contract for political advertising, on the basis of common preparation, sponsorship and funding. It should include the preparation, placement, promotion, publication, delivery and dissemination of an advertisement or versions of an advertisement on different media and at different times within the same electoral cycle or legislative process.
Amendment 199 #
2021/0381(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) The definition of political advertising should not affect national definitions of political party, political aims or political campaign periods at national level.
Amendment 200 #
2021/0381(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) In order to cover the broad range of relevant service providers connected to political advertising services, providers of political advertising services should be understood as comprising providers involved in the preparation, such as the design and planning of an advertisement or campaign, or in the placement, promotion, publication delivery and dissemination of political advertising.
Amendment 203 #
2021/0381(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Once an advertisement is indicated as being connected to political advertising, this should be clearly and without delay indicated to other service providers involved in the political advertising services. In addition, once an advertisement has been identified as political advertisement, its further dissemination should still comply with transparency requirements. For instance, when sponsored content is shared organically, the advertising should still be labelled as political advertising.
Amendment 205 #
2021/0381(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) The rules on transparency laid down in this Regulation should only apply to political advertising services, i.e. political advertising that is normally provided against remuneration, which may include a benefit in kind. The transparency requirements should not apply to content uploaded by a user of an online intermediary service, such as an online platform, and disseminated by the online intermediary service without consideration for the placement, publication, delivery, or dissemination for the specific message, unless the user has been remunerated by a third party for the political advertisement.
Amendment 206 #
2021/0381(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) The transparency requirements should also not apply to the sharing of information through electronic interpersonal communication services such as electronic message services or telephone calls, as long as no political advertising service is involved. The transparency requirement should apply however, when making available information to a potentially unlimited number of persons, that is, making the information easily accessible to users in general without further action by the individual or entity providing the information being required, irrespective of whether those persons actually access the information in question. Accordingly, where access to information requires registration or admittance to a group of users, the transparency requirements only apply where users seeking to access the information are automatically registered or admitted without a human decision on whom to grant access.
Amendment 211 #
2021/0381(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) As regards online intermediaries, Regulation (EU) 2021/XX [Digital Services Act] applies to political advertisements published or disseminated by online intermediaries through horizontal rules applicable to all types of online advertising, including commercial and political advertisements. Based on the definition of political advertising established in this Regulation, it is appropriate to provide additional granularity of the transparency requirements laid out for advertising publishers falling under the scope of Regulation (EU) 2021/XX [Digital Services Act], notably very large platforms. This concerns in particular information related to the funding of political advertisements. The requirements of this Regulation leave unaffected the provisions of the Digital Services Act, including as regards risk assessment and mitigation obligations for very large online platforms as regards their advertising systems. To assist Member States and service providers, the Commission should provide guidelines on how to interpret the interaction between and complementary nature of different Union legal acts and this Regulation and how to prevent any duplication of requirements on providers or potential conflicts in the interpretation of similar requirements.
Amendment 214 #
2021/0381(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) The preparation, placement, promotion, publication, delivery, and dissemination of political advertising can involve a complex chain of service providers. This is the case in particular where the selection of advertising content, the selection of targeting criteria, the provision of data used for the targeting of an advertisement, the provisions of targeting techniques, the delivery of an advertisement and its dissemination may be controlled by different service providers. For instance, automated services can support matching the profile of the user of an interface with the advertising content provided, using personal data collected directly from the user of the service and from the users’ online conduct, as well as inferred data.
Amendment 216 #
2021/0381(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) In view of the importance of guaranteeing in particular the effectiveness of the transparency requirements including to ease their oversight, providers of political advertising services should ensure that the relevant information they collect in the provision of their services, including the indication that an advertisement is political, is provided to the political advertising publisher which bringdisseminates the political advertisement to the public. In order to support the efficient implementation of this requirement, and the timely and accurate provision of this information, providers of political advertising services should consider and support automating the transmission of information among providers of political advertising services by adapting their online interfaces to facilitate compliance. When providers of political advertising services become aware that information which they have transmitted has been updated, they should ensure that this updated information is communicated to the relevant political advertising publisher.
Amendment 217 #
2021/0381(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) Steps could also include advertising publishers providing an efficient mechanism for individuals to indicate that a political advertisement is political, andpermitting them to takinge effective action in response to such indications.
Amendment 219 #
2021/0381(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) Transparency of political advertising should enable citizenindividuals to understand that they are confronted with a political advertisement. Political advertising publishers should ensure the publication in connection to each political advertisement of a clear statement to the effect that it is a political advertisement, the amount of money spend in total on the political advertisement campaign and of the identity of its sponsor. Where appropriate, the name of the sponsor cshould include a political logo. Political advertising publishers should make use of labelling which is effectiveIn order to ensure harmonised and effective labelling, the Commission should be empowered to supplement the provisions of this Regulation by adopting delegated acts laying down the standards for labelling, taking into account developments in relevant scientific research and best practice on the provision of transparency through the labelling of advertisement. Political advertising publishers should make use of such labelling. They should also ensure the publication in connection to each political advertisement of information to enable the wider context of the political advertisement and its aims to be understood, which can either be included in the advertisement itself, or be provided by the publisher on its website, accessible through a direct, permanent and clearly visible link or equivalent clear and user- friendly direction included in the advertisement.
Amendment 223 #
2021/0381(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) This information should be provided in a transparency notice which should also include the identity of the sponsor, in order to support accountability in the political process. The transparency notice should be available immediately when the advertising is published or disseminated, and the information it presents should be updated regularly, as relevant. The place of establishment of the sponsor and whether the sponsor is a natural or legal person, and whether it is a commercial or not-for-profit entity, should be clearly indicated. Personal data concerning individuals involved in political advertising, unrelated to the sponsor or other involved political actor should not be provided in the transparency notice. The transparency notice should also contain information on the dissemination period, any linked election, the number of interactions with the political advertisement from public pages, public groups, or public figures, including the number of impressions and engagements, such as the number of reactions, shares or comments, the amount spent for and the value of other benefits received in part or full exchange for the specific advertisement as well for the entire advertising campaign, the source of the funds used and other information to ensure the fairness of the dissemination of the political advertisement. Information on the source of the funds used concerns for instance its public or private origin, the fact that it originates from inside or outside the European Union. Information concerning linked elections or referendums should include, when possible, a link to information from official sources regarding the organisation and modalities for participation or for promoting participation in those elections or referendums. When using targeting or amplification techniques in the context of political advertising involving the processing of personal data, the transparency notice shall include additional information. Such transparency information should include at least the criteria for determining the presentation of an advertisement to individuals, including where information is based on their online behaviour. The transparency notice should further include clear and concise information on how to flag political advertisements in accordance with the procedure established in this Regulation. This requirement should be without prejudice to provisions on notification according to Articles 14, 156 and 197 of Regulation (EU) 2021/XXX [Digital Services Act].
Amendment 228 #
2021/0381(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) The information to be included in the transparency notice should be provided in the advertisement itself or be easily, permanently and directly retrievable on the basis of an indication provided in the advertisement. The requirement that the information about the transparency notice is to be inter alia clearly visible should entail that it features prominently in or withattached to the advertisement. The requirement that information published in the transparency notice is to be easily accessible, machine readable where technically possible, and user friendly should entail that it addresses the needs of people with disabilities. Annex I of Directive 2019/882 (European Accessibility Act) contains accessibility requirements for information, including digital information that should be used to render political information accessible for persons with disabilities.
Amendment 229 #
2021/0381(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) Transparency notices should be designed to raise user awareness and help the clear identification of the political advertisement as such. They should be designed to remain in place or remain accessible in the event a political advertisement is further disseminated for instance posted on another platform or forwarded between individuals. The information included in the transparency notice should be published when the publication of the political advertisements start and be retained for a period of oneseven years after the last publication. The retained information should also include information about political advertising which was terminated or which was taken down by the publisher and why.
Amendment 231 #
2021/0381(COD)
(42) Since political advertising publishers make political advertisements available to the public, they should publish or disseminate that information to the public together with the publication or dissemination of the political advertisement. Political advertising publishers should not make available to the public those political advertisements not fulfilling the transparency requirements under this Regulation. In addition, political advertising publishers which are very large online platforms within the meaning of Regulation (EU) 2021/XXX [Digital Services Act] should make the information contained in the transparency notice available through the repositories of advertisements published pursuant to Article 309 Regulation [Digital Services Act] . This will facilitate the work of interested actors including researchers in their specific role to support free and fair elections or referendums and fair electoral campaigns including by scrutinising the sponsors of political advertisement , the mode of delivery, placement and dissemination of the advertisement and analysing the political advertisement landscape.
Amendment 235 #
2021/0381(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) Where the provider of the political advertising service which hosts or otherwise stores and provides the content of a political advertisement is separate from the provider of the political advertising service which controls the website or other interface which eventually displaypresents the political advertisement, these should both be considered together as advertising publishers, with respective responsibility in respect of the specific service they provide, to ensure that labelling is provided and that the transparency notice and relevant information is availableall applicable obligations are fulfilled. Similarly, where the political advertising publisher which presents or disseminates a political advertisement is different from the political advertising publisher which controls the website or other interface to which the political advertisement is delivered, such as is the case with ad exchanges and demand-side platforms cooperating with news websites or online platforms, these should both be considered as publishers of political advertising, with respective responsibility in respect of the specific service they provide, to ensure that all applicable obligations are fulfilled. Their contractual arrangements should reflect the way they organise compliance with this Regulation.
Amendment 238 #
2021/0381(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) Information about the amounts spent on and the value of other benefits received in part or full exchange for political advertising services can usefully contribute to the political debate. It is necessary to ensure that an appropriate overview of political advertising activity can be obtained from the annual reports prepared by relevant political advertising publishers. To support oversight and accountability, such reporting should include at least information about expenditure on the targeting and amplification of political advertising in the relevant period, aggregated to campaign or candidate. To avoid disproportionate burdens, those transparency reporting obligations should not apply to enterprises qualifying under Article 3(31) and 3(2) of Directive 2013/34/EU.
Amendment 240 #
2021/0381(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) Political advertising publishers providing political advertising services should put in place mechanisms to enable individuals to report to them that a particular political advertisement which they have published does not comply with this Regulation. The mechanisms to report such advertisement should be easy to access and use, and should be adapted to the form of advertising distributed by the advertising publisher. As far as possible, these mechanisms should be directly and permanently accessible from the advertisement itself, from the label and from the transparency notice, for instance on the advertising publisher’s website. Political advertising publishers should be able to rely on existing mechanisms where appropriate . Where political advertising publishers are online hosting services providers within the meaning of the Digital Services Act, with regards to the political advertisements hosted at the request of the recipients of their services, the provisions of Article 146 of the Digital Services Act continue to apply for notifications concerning non-compliance of such advertisements with this Regulation.
Amendment 242 #
2021/0381(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) In order to allow specific entities to play their role in democracies, it is appropriate to lay down rules on the transmission of information published with the political advertisement or contained in the transparency notice to interested actors such as vetted researchers, journalists, civil society organisations and accredited election observers, in order to support the performance of their respective roles in the democratic process. Providers of political advertising services should not be required to respond to requests which are manifestly unfounded or excessiveunclear. Further, the relevant service provider should be allowed to charge a reasonable fee in case of repetitive and costly requests, taking into account the administrative costs of providing the information.
Amendment 243 #
2021/0381(COD)
Proposal for a regulation
Recital 46 a (new)
Recital 46 a (new)
(46 a) Given the context of political advertisement and its impact on democratic processes, it requires further public accountability and regulatory supervision to enable individuals to make informed political decisions free from interference or manipulation. A European advertisement repository is therefore established to ensure public access to advertisements presented on online interfaces of all political advertisement publishers to facilitate supervision and research into emerging risks brought about by the distribution of advertising online, for example in relation to illegal advertisements or manipulative techniques and disinformation with a real and foreseeable negative impact on public security, civil discourse, political participation, equality and free and fair elections or referendums. The repository should include the information contained in the transparency notice, using the data fields of Annex I and Annex IIa(new). This information should include both information about targeting criteria and delivery criteria.). The European Regulators Group for Audiovisual Media Services should be in possession of all the necessary resources, in terms of staffing, expertise, and financial means, for the establishment and maintenance of the European advertisement repository. It should establish, in collaboration with the Commission, the industry and independent experts, technical standards for APIs for the automatic transmission of the information contained in transparency notices to the repository.
Amendment 244 #
2021/0381(COD)
Proposal for a regulation
Recital 46 b (new)
Recital 46 b (new)
(46 b) In order to ensure verification by independent experts to support an open and fair political debate and free and fair elections or referendums and to combat disinformation and unlawful interference including from abroad, political advertising publishers which are very large online platforms or very large online search engines within the meaning of Regulation (EU) 2021/XXX[Digital Services Act] should be accountable, through independent auditing, for their compliance with the obligations laid down by this Regulation. Regulation (EU) 2022/xxx [the DSA] should apply to the process, the characteristics of the organisations performing the audit, the structure of the report and the implementation of the recommendations contained therein. In order to ensure that independent audits are carried out in an effective and efficient manner, they should at least be performed on compliance with the obligations set out in Chapter II and III of this Regulation, and in particular the accuracy of the identification and labelling of political advertisements in accordance with Article 5, the completeness, methodology and consistency of the record-keeping obligations as set out in Article 6, the accuracy and completeness of transparency notices in accordance with Article 7, the completeness, methodology and consistency of the periodic reporting obligations in accordance with Article 8, and the accuracy and completeness of the information transmitted to the European Political Advertisement Repository in accordance with Article 11a (new). Audits should be performed at least on an annual basis. However, where a competent authority has reasons to suspect that a provider infringed this Regulation, it may request an additional audit on specific elements.
Amendment 245 #
2021/0381(COD)
Proposal for a regulation
Recital 48 a (new)
Recital 48 a (new)
(48 a) A core part of political advertisement publishers’ business is the manner in which information is prioritised and presented on their online interface. 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 sponsors or political advertisement services. Such recommender systems play an important role in the amplification of certain messages, the dissemination of political advertisements and the stimulation of online behaviour. They can also contribute to significant risks, ranging from the recommendation of advertisements that are themselves illegal content, to contributing to financial incentives for the publication or amplification of otherwise harmful content and activities online, such as the spread of disinformation, or the discriminatory presentation of advertising with an impact on voting behaviour. Consequently, the amplification of political advertising, based on fully or partially automated techniques that are used to suggest or prioritise a political advertisement to increase its circulation, reach or visibility, should be prohibited.
Amendment 246 #
2021/0381(COD)
Proposal for a regulation
Recital 49
Recital 49
Amendment 249 #
2021/0381(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) Political advertising publishers making use of targeting or amplification techniques should include in their transparency notice information necessary to allow the concerned individual to understand the logic involved and mainall parameters of the technique used, and the use of third-party data and additional analytical techniques used and a link to thdirect and permanent link and clear indication of where relevant policy of the controller can be easily retrieved. In case the controller is different from the advertising publisher the controller should transmit to political advertising publisher the internal policy or a reference to it. Providers of advertising services should, as necessary, transmit to the political advertising publisher the information necessary to comply with their obligations under this Regulation. The provision of such information could be automated and integrated in the ordinary business processes on the basis of standards.
Amendment 250 #
2021/0381(COD)
Proposal for a regulation
Recital 51
Recital 51
(51) In order to further empower individuals to exercise their data protection rights, political advertising publishers should provide additional information and effective tools to the concerned data subject to support the exercise of their rights under the EU data protection legal framework including to object or withdraw their consent vis-a-vis the controller as well as third party controllers, when targeted with a political advertisement. This information should also be easily accessible directly from the transparency notice. The tools made available to the individuals to support the exercise of their rights should be effective to prevent an individual from being targeted with political advertisements, as well as to prevent targeting on the basis of specific criteria and by one or several specificmore than one controllers.
Amendment 251 #
2021/0381(COD)
Proposal for a regulation
Recital 53
Recital 53
(53) Information to be provided in accordance with all requirements applicable to the use of targeting and amplification techniques under this Regulation should be presented in a format which is easily accessible, complete, clearly visible and user-friendly, including through the use of plain language.
Amendment 253 #
2021/0381(COD)
Proposal for a regulation
Recital 54
Recital 54
(54) It is appropriate to lay down rules on the transmission of information on targeting and amplification to other interested entities. The applicable regime should be consistent with the regime for the transmission of information linked to the transparency requirements.
Amendment 258 #
2021/0381(COD)
Proposal for a regulation
Recital 60
Recital 60
(60) The European Coordination Network for Political Advertisement should facilitate cross-border cooperation and the swift and secured exchange of information for contact points established in accordance with this Regulation. Authorities competent for the oversight of this Regulation should cooperate with each other both at national and at EU level making best use of existing structures including national cooperation networks, the European Cooperrdination Network on Elections as referred to in Recommendation C(2018) 5949 final, and the European Regulators Group for Audiovisual Media Services established under Directive 2010/13/EU. Such cooperation should facilitate the swift, secured exchange of information on issues connected to the exercise of their supervisory and enforcements tasks pursuant to this Regulation, including by jointly identifying infringements, sharing findings and expertise, and liaising on the application and enforcement of relevant rules.
Amendment 259 #
2021/0381(COD)
(61) With a view to facilitating the effective application of the obligations set out in the regulation, it is necessary to empower national authorities to request from the services providers the relevant information on the transparency of political advertisement. Information to be transmitted to competent authorities could concern an advertising campaign, be aggregated by years or concern specific advertisements. In order to ensure that the requests for such information can be complied with in an effective and efficient manner, and at the same time that the providers of political advertising services are not subject to any disproportionate burdens, it is necessary to set certain conditions that those requests should meet. In the interest of the timely oversight of an election process in particular, providers of political advertising services should quickly respond to requests from competent authorities, and always within 10 working days upon receipt of the measure , for VLOPs within two working days upon receipt of the measure. During the last month of the electoral campaign or a referendum, infringement of the provisions of this Regulation should be considered to negatively and severely affect individuals’ rights. Therefore political advertising services should provide the requested information within 24 hours. . In the interest of legal certainty and in compliance with the rights of defence, requests to provide information from a competent authority should contain an adequate statement of reasons and information about available redress. Providers of political advertising services should designate contact points for the interaction with the competent authorities. Such contact points could be electronic.
Amendment 261 #
2021/0381(COD)
Proposal for a regulation
Recital 62
Recital 62
(62) In order to ensure a consistent application of this Regulation, it is necessary to set up an independent European Coordination Network at Union level, which should support and help coordinate the actions of competent authorities. Member States should designate a contact point at Union level for the purpose of this Regulation. The contact point ishould, if possible, be a member of the European Cooperation Network on Elections, without prejudice to the possibility for the contact points to invite in its meetings or appoint ad hoc delegates from other competent authorities entrusted with specific tasks under this Regulation. The contact point should facilitate cooperation among competent authorities between Member States in their supervision and enforcement tasks, in particular by intermediating with the contact points in other Member States and with the competent authorities in their own. Moreover, when a competent authority in a Member State holds relevant information for an investigation carried out by the competent authorities in the Member State of establishment, or is able to gather such information located in its territory to which the competent authorities in the Member State of establishment do not have access, the competent authority in that Member State should assist the contact point of establishment in a timely manner, including through the exercise of its powers of investigation in accordance with the applicable national procedures and the Charter. The addressee of such investigatory measures should comply with them and be liable in case of failure to comply, and the competent authorities in the Member State of establishment should be able to rely on the information gathered through mutual assistance, in order to ensure compliance with this Regulation.
Amendment 266 #
2021/0381(COD)
Proposal for a regulation
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
1. This Regulation lays down harmonised rules on:
Amendment 270 #
2021/0381(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) harmonised transparency and due diligence obligations for providers of political advertising and related services to retain, disclose and publish information connected to the provision of such services;
Amendment 273 #
2021/0381(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) harmonised rules on the use of targeting, delivery, and amplification techniques in the context of the publication, dissemination or promotion of political advertising that involve the useprocessing of personal data.
Amendment 275 #
2021/0381(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point b a (new)
Article 1 – paragraph 1 – point b a (new)
(b a) the implementation and enforcement of this Regulation, including as regards the cooperation of and coordination between the competent authorities.
Amendment 280 #
2021/0381(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Regulation shall apply to political advertising prepared, placed, promoted, published, delivered or disseminated in the Union, or directed to individuals in one or several Member States, irrespective of the place of establishment of the advertising services provider, and irrespective of the means used.
Amendment 284 #
2021/0381(COD)
Proposal for a regulation
Article 1 – paragraph 3 – point b
Article 1 – paragraph 3 – point b
(b) to protect natural personseffectively protect fundamental rights enshrined in the Charter, in particular with regard to the processing of personal data.
Amendment 287 #
2021/0381(COD)
Proposal for a regulation
Article 1 – paragraph 4 – point g a (new)
Article 1 – paragraph 4 – point g a (new)
(g a) Regulation 2016/679/EU ;
Amendment 288 #
2021/0381(COD)
Proposal for a regulation
Article 1 – paragraph 4 – point g b (new)
Article 1 – paragraph 4 – point g b (new)
(g b) Regulation 2018/1725/EU;
Amendment 301 #
2021/0381(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – introductory part
Article 2 – paragraph 1 – point 2 – introductory part
2. ‘political advertising’ means the preparation, placement, promotion, publication, delivery or dissemination, by any means, of a message:
Amendment 309 #
2021/0381(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point b
Article 2 – paragraph 1 – point 2 – point b
(b) which is liablekely to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour.
Amendment 311 #
2021/0381(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 a (new)
Article 2 – paragraph 1 – point 2 a (new)
2 a. Content under the editorial responsibility of audiovisual media service providers pursuant to Art. 1(1)(d)of the Audiovisual Media Services Directive (Directive 2010/13/EU) without direct payment or equivalent remuneration shall not be covered by the term political advertising when it is prepared, placed, promoted, published, delivered or disseminated without any form of payment or equivalent remuneration from a third party.
Amendment 320 #
2021/0381(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4 – point g
Article 2 – paragraph 1 – point 4 – point g
(g) a political campaign organisation with or without legal personality, established to achieve a specific policy or electoral outcome in an election or referendum or legislative or regulatory process;
Amendment 323 #
2021/0381(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4 – point h
Article 2 – paragraph 1 – point 4 – point h
(h) any natural or legal person representing or acting on behalf of any of the persons or organisations in points (a) to (g), promoting the political objectives or interests of any of those.
Amendment 325 #
2021/0381(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
5. ‘political advertising service’ means a service consisting of political advertising with the exception of an online intermediary service within the meaning of Article 2(f3(g) of Regulation (EU) 2021/XXX [Digital Services Act] that is provided without consideration for the placement, publication or dissemination for the specific message;
Amendment 326 #
2021/0381(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
6. ‘political advertising campaign’ means the preparation, placement, promotion, publication, delivery, or dissemination of a series of linked advertisements in the course of a contract for political advertising, on the basis of common preparation, sponsorship or funding;
Amendment 333 #
2021/0381(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
8. ‘targeting or amplification techniques’ means techniques that are used either to address a tailored, disseminate or present a political advertisement only to a specific person or group of persons or to increase the circulation, reach or visibility of a political advertisement;
Amendment 337 #
2021/0381(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8 a (new)
Article 2 – paragraph 1 – point 8 a (new)
8 a. ‘ad delivery techniques’ means techniques that are used to determine the dissemination or delivery of a political advertisement to a specific person or group of persons within the potential audience defined by the sponsors or providers of advertising services, on behalf of sponsors;
Amendment 338 #
2021/0381(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8 b (new)
Article 2 – paragraph 1 – point 8 b (new)
8 b. 'amplification techniques’ means fully or partially automated techniques that are used to suggest or prioritise a political advertisement to increase its circulation, reach or visibility;
Amendment 342 #
2021/0381(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 11
Article 2 – paragraph 1 – point 11
11. ‘political advertising publisher’ means a natural or legal person that broadcasts, makes available through an interface or otherwise brings to the public domaindisseminates, places, promotes, publishes or delivers political advertising through any medium;
Amendment 346 #
2021/0381(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 12 a (new)
Article 2 – paragraph 1 – point 12 a (new)
12 a. ‘legislative or regulatory process’ means any national, regional or local government or regulatory authority procedure in which decisions, legislation or rules are proposed, discussed or adopted by any of the political actors referred to in paragraph 3.
Amendment 376 #
2021/0381(COD)
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2 a. Providers of advertising services shall design and organise their online interface in a way that enables sponsors and providers of advertising services acting on behalf of sponsors to comply with their obligations as referred to in paragraph 1 of this Article and Article 6(1).
Amendment 377 #
2021/0381(COD)
Proposal for a regulation
Article 5 – paragraph 2 b (new)
Article 5 – paragraph 2 b (new)
2 b. Providers of advertising services shall make best efforts to assess whether sponsors and providers of advertising services acting on behalf of sponsors have declared the information referred to in paragraph 1 of this Article and Article 6(1) prior to the provision of the service.
Amendment 378 #
2021/0381(COD)
Proposal for a regulation
Article 5 – paragraph 2 c (new)
Article 5 – paragraph 2 c (new)
2 c. Political advertising publishers, which are very large online platforms within the meaning of Article 25 of Regulation (EU)2021/xxx [the DSA], shall implement adequate quality controls to ensure the timely identification of advertisements which have not been declared in accordance with paragraph 1 or which have been misdeclared or mislabelled and disseminated on their platform.
Amendment 381 #
2021/0381(COD)
1. Providers of political advertising services shall retainkeep information they collect in the provision of their services, on the following:
Amendment 382 #
2021/0381(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b a (new)
Article 6 – paragraph 1 – point b a (new)
(b a) the period during which the specific service or services were provided;
Amendment 383 #
2021/0381(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b b (new)
Article 6 – paragraph 1 – point b b (new)
(b b) where applicable, impression and engagement data;
Amendment 388 #
2021/0381(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) where applicable, the identity of the sponsor and its contact details as well as the entity ultimately controlling the sponsor.
Amendment 391 #
2021/0381(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The information referred to in paragraph 1 shall be in writing and may be in electronic form. Such information shall be retainedkept in a machine-readable format for a period of fiseven years from the date of the last preparation, placement, publication, delivery, or dissemination, as the case may be.
Amendment 397 #
2021/0381(COD)
Proposal for a regulation
Article 7 – title
Article 7 – title
Transparency and labelling requirements for each political advertisement
Amendment 399 #
2021/0381(COD)
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. In the context of the provisionPublishers of political advertising services, each political advertisement shall be made available with the following information shall make the following information available for each advertisement in real time, in a machine- readable format as well as in a clear, salient, accessible and unambiguous way:
Amendment 407 #
2021/0381(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) a transparency notice to enable the wider context of the political advertisement and its aims to be understoodcontaining the information referred to in paragraph 2 , or a clear indication of where it can be easily and permanently retrieved.
Amendment 408 #
2021/0381(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point c a (new)
Article 7 – paragraph 1 – point c a (new)
(c a) the specific electoral or policy goal of the advertisement, the corresponding elections or referendums, or the legislative or regulatory process with which the advertisement is linked or aims to influence.
Amendment 412 #
2021/0381(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
Amendment 415 #
2021/0381(COD)
Proposal for a regulation
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. The transparency notice shall be included in each political advertisement or be easidirectly and permanently retrievable from ithe label, and shall include the following information:
Amendment 416 #
2021/0381(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) the identity of the sponsor or the entity ultimately controlling the sponsor and contact details;
Amendment 425 #
2021/0381(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point d
Article 7 – paragraph 2 – point d
(d) where applicable, an indication of elections or referendums, or the legislative or regulatory process with which the advertisement is linked;
Amendment 431 #
2021/0381(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point e a (new)
Article 7 – paragraph 2 – point e a (new)
(e a) where applicable, links to aggregate information on all advertisements that have been placed, promoted, published or disseminated on behalf of the same sponsor or political actor;
Amendment 433 #
2021/0381(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point e b (new)
Article 7 – paragraph 2 – point e b (new)
(e b) where applicable, aggregate information on interactions, engagements and impressions.
Amendment 442 #
2021/0381(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Political advertising publishers shall make reasonable efforts to ensure that the information referred to in paragraph 1 and 2 is complete, and where they findhave sufficient indications or reasons to believe that this is not the case, they shall not make available the political advertisement.
Amendment 451 #
2021/0381(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Transparency notices shall be kept up to date and presented in a format which is easily accessible and, where technically pos, comprehensible, and machine readable, clearly visible and user friendly, including through the use of plain language. The information shall be published by the political advertising publisher with the political advertisement from its first publication until oneseven years after its last publication.
Amendment 457 #
2021/0381(COD)
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
5. Political advertising publishers shall retainkeep their transparency notices together with any modifications available for a period of five15 years after the end of the period referred to in paragraph 4.
Amendment 460 #
2021/0381(COD)
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
Amendment 467 #
2021/0381(COD)
Proposal for a regulation
Article 7 – paragraph 7
Article 7 – paragraph 7
7. Member States, including competent authorities, and the Commission shall encourage the drawing up of codes of conduct By ... [date 6 months after the entry into force of this Regulation], the Commission shall adopt delegated acts in accordance with Article 19,intended to contribute to the proper application of this Article, in particular with regard to paragraph 2,taking into account the specific characteristics of the relevant service providers involved and the specific needs of micro, small and medium-sized enterprises, within the meaning of Article 3 of Directive 2013/34/EU.
Amendment 471 #
2021/0381(COD)
Proposal for a regulation
Article 7 – paragraph 8
Article 7 – paragraph 8
8. The Commission is empowered to adopt delegated acts in accordance with Article 19 to amend Annex I by adding, modifying or removing elements from the list of information to be provided pursuant to paragraph 2 where, in the light of technological developments, such an amendment is necessary for the wider context of the political advertisement and its aims to be understood.
Amendment 478 #
2021/0381(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Where they provide political advertising services, advertising publishers shall include information on the amounts or the value of other benefits received in part or full exchange for those services, including on the use of targetingfor targeting, delivery and amplification techniques, aggregated by campaign, as part of their management report within the meaning of Article 19 of Directive 2013/34/EU in their annual financial statements.
Amendment 483 #
2021/0381(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Paragraph 1 shall not apply to undertakings qualifying under Article 3(31) of Directive 2013/34/EU.
Amendment 487 #
2021/0381(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Where they provide political advertising services, advertising publishers shall put in place electronic, accessible, and easy to use mechanisms to enable any individuals or entity to notify them, free of charge, that a particular advertisement which they have published does not comply with this Regulation. Such mechanisms should include clear and concise information on what constitutes a political advertisement, and should be clearly identifiable and located close to the information in question.
Amendment 495 #
2021/0381(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Information on how to notify political advertisements as referred to in paragraph 1 shall be user friendly and easy todirectly and permanently access,ible including from the transparency notice and label.
Amendment 497 #
2021/0381(COD)
Proposal for a regulation
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
Amendment 499 #
2021/0381(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Political advertising publishers shall allow for the submission of the informnotification referred to in paragraph 1 by electronic means. The political advertising publisher shall inform individualsany affected individuals or entities without undue delay of the follow up given to the notification as referred to in paragraph 1 and provide clear and user-friendly information on the redress possibilities available in respect of the advertisement to which the notice relates.
Amendment 519 #
2021/0381(COD)
Proposal for a regulation
Article 10 – paragraph 1 – introductory part
Article 10 – paragraph 1 – introductory part
1. Competent national authorities shall have the power to request that a provider of political advertising services transmits the information referred to in Articles 6, 7 and 8. The transmitted information must be complete, accurate and trustworthy, and provided in a clear, coherent, consolidated and intelligible format. Where technically possible, tThe information shall be transmitted in a standardised and machine readable format.
Amendment 521 #
2021/0381(COD)
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1 – point a
Article 10 – paragraph 1 – subparagraph 1 – point a
(a) a statement of reasons explaining the objective for which the information is requested and why the request is necessary and proportionate, unless the request pursues the objective of the prevention, investigation, detection and prosecution of criminal offences and to the extent that the reasons for the request would jeopardise that objective;
Amendment 528 #
2021/0381(COD)
Proposal for a regulation
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
1. Providers of political advertising services shall take the appropriate measures to transmit the information referred to in Articles 6 and 7 to interested entities promptly upon request and, without costs and in a machine readable format.
Amendment 530 #
2021/0381(COD)
Where the provider of political advertising services is a political advertising publisher, it shall also take the appropriate measures to transmit the information referred to in Articles 7 and 8 to interested entities upon request promptly and without costs and in a machine readable format.
Amendment 531 #
2021/0381(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point a
Article 11 – paragraph 2 – point a
(a) vetted researchers in accordance with Article 3140 of Regulation (EU) 2021/xxx [Digital Services Act];
Amendment 535 #
2021/0381(COD)
Proposal for a regulation
Article 11 – paragraph 2 – subparagraph 1
Article 11 – paragraph 2 – subparagraph 1
Such interested entities shall also include journalists accredited in a Member State by national, European or international bodies.
Amendment 536 #
2021/0381(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Following a request from an interested entity, the service provider shall make best efforts to provide the requested information or its reasoned response under paragraph 5, within one month as soon as possible and, at the latest, within ten working days.
Amendment 540 #
2021/0381(COD)
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. When preparing the information to be provided pursuant to paragraph 1, the service provider may aggregate the relevant amounts or place them in a range, to the extent strictly necessary to protect its commercial legitimate interests.
Amendment 542 #
2021/0381(COD)
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
5. Where requests pursuant to paragraph 1 are manifestly unfounded, unclear or excessive, in particular because of their lack of claritytoo unclear, the service provider may refuse to respprovide the requested informationd. In this case, the relevant service provider shall send a reasoned response to the interested entity making the request.
Amendment 546 #
2021/0381(COD)
Proposal for a regulation
Article 11 – paragraph 7
Article 11 – paragraph 7
7. Service providers shall bear the burden of demonstrating that a request is manifestly unfounded, unclear or excessive, or that requests are repetitive andunclear or involve significant costs to process.
Amendment 548 #
2021/0381(COD)
Proposal for a regulation
Article 11 a (new)
Article 11 a (new)
Article 11 a European political advertisement repository 1. The European Regulators Group for Audiovisual Media Services (ERGA) shall establish and maintain a European political advertisement repository to make publicly available, through a searchable, machine-readable and reliable tool that allows multicriteria queries, and through application programming interfaces, political advertisements published or disseminated until seven years after the advertisement was presented for the last time on an online interface of a publisher of political advertisement. 2. Political advertising publishers shall transmit a copy of each political advertisement including at least all of the information contained in the transparency notice referred to in Article 7(2) and Annex IIa (new) to the European political advertisement repository without delay and at the latest within 24 hours of the first publication of the political advertisement. They shall transmit all versions of the advertisement. 3. Where a political advertising publisher removed or disabled access to a specific advertisement based on alleged illegality or incompatibility with its terms and conditions, it shall notify the repository without undue delay. In that case, the repository shall not include the content of the advertisement nor the information referred to in Article 7(2)(a), but it shall include, for the specific advertisement concerned, the information referred to in, as applicable, Article 17(2) points(a) to (e) or Article 9(2) point (a)(i) of Regulation xxx [Digital Services Act]. 4. The ERGA shall ensure that the repository does not contain any personal data of individuals to whom the advertisement was or could have been presented. 5. The ERGA shall receive adequate and sufficient financial, human and technical resources to carry out its functions, including the establishment and the maintenance of the European political advertisement repository pursuant to Paragraph 1.
Amendment 550 #
2021/0381(COD)
Proposal for a regulation
Article 11 b (new)
Article 11 b (new)
Amendment 551 #
2021/0381(COD)
Proposal for a regulation
Chapter III – title
Chapter III – title
III TARGETING AD DELIVERY AND AMPLIFICATION OF POLITICAL ADVERTISING
Amendment 555 #
2021/0381(COD)
Proposal for a regulation
Article 12 – paragraph 3 a (new)
Article 12 – paragraph 3 a (new)
3 a. The provisions in this Article shall not prevent the use of targeting techniques based on contextual information such as keywords, the language setting communicated by the device of the recipient, the broad physical location inferred from the user’s connection or the digital location where the advertisement is displayed.
Amendment 556 #
2021/0381(COD)
Proposal for a regulation
Article 12 – paragraph 8 b (new)
Article 12 – paragraph 8 b (new)
8 b. Ad delivery techniques shall only be permitted based on the randomized selection of a specific person or group of persons for the purpose of disseminating or delivering a political advertisement.
Amendment 568 #
2021/0381(COD)
Proposal for a regulation
Article 12 – paragraph 8 a (new)
Article 12 – paragraph 8 a (new)
8 a. Prices shall be non-discriminatory and based exclusively on the nature and size of the target group, including where amplification techniques are used.
Amendment 569 #
2021/0381(COD)
Proposal for a regulation
Article 12 a (new)
Article 12 a (new)
Article 12 a 1. Publishers of political advertisement services shall only use amplification techniques for political advertising that are based on contextual information such as keywords, language context, or the approximate geographical region of individuals. 2. The use of the contextual information referred to in paragraph 1 shall only be permissible if the advertisement is presented in real time, that related data are not stored and that it does not involve the director, by means of combining it with other information, indirect identification of a natural person or group of persons, in particular by reference to an identifier such as a name, an identification number, precise location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person or group of persons.
Amendment 574 #
2021/0381(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Service providers that provideProviders of political advertising services in the Union but do not have an establishment in the Union shall designate, in writing, a natural or legal person to act as their legal representative in one of the Member States where the provider offers its services.
Amendment 575 #
2021/0381(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The legal representative shall be responsible for ensuring non-compliance with the represented service provider’s obligations pursuant to this Regulation andobligations under this Regulation, without prejudice to the liability of, and legal actions that could be initiated against, the provider of intermediary services. The legal representative shall be the addressee for all communications with the relevant service provider provided for in this Regulation. Any communication to that legal representative shall be deemed to be a communication to the represented service provider. Service providers shall provide their legal representative with the necessary powers and sufficient resources to guarantee their efficient and timely cooperation with the Member States’ competent authorities and comply with their decisions.
Amendment 585 #
2021/0381(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Member States shall designate competent authorities to supervise and monitor the compliance of providers of intermediary services within the meaning of Regulation (EU) 2021/xxx [DSA] with the obligations laid down in Articles 5 to 11 and 14 of this Regulation, where applicable. The competent authorities designated under Regulation (EU) 2021/xxx [Digital Services Act] may also be one of the competent authorities designated to monitor the compliance of online intermediaries with the obligations laid down in Articles 5 to 11 and 14 of this Regulation. The Digital Services Coordinator referred to in Article 3849 of Regulation (EU) 2021/xxx in each Member State shall be responsible for ensuring coordination at national level in respect of providers of intermediary services as defined by Regulation (EU) 2021/xxx [Digital Services Act]. Article 458(1) to (4) and Article 460(1) of Regulation (EU) 2021/xxx [Digital Services Act] shall be applicable for matters related to the application of this Regulation as regards providers of intermediary services.
Amendment 591 #
2021/0381(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Each Member State shall designate one or more competent authorities to be responsible for the supervision, application and enforcement of the aspects of this Regulation not referred to in paragraphs 1 and 2 within 15 months from ... [the date of entry into force of this Regulation]. Each competent authority designated under this paragraph shall structurally enjoy full independence both from the sector and from any external intervention or political pressure. It shall in full independence effectively monitor and take the measures necessary and proportionate to ensure compliance with this Regulationnsistent supervision, compliance and enforcement of with this Regulation. Member States shall ensure that their competent authorities have all necessary means to carry out their tasks, including sufficient technical, financial and human resources to adequately supervise all providers of intermediary services under their competence.
Amendment 595 #
2021/0381(COD)
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. Competent authorities referred to in paragraph 3, where exercising their supervisory tasks in relation to this Regulation, shall have the following powers to request to access data, documents or any necessary information from providers of political advertising services for the performance of theirfor the performance of their supervisory tasks: (a) the power to require political actors, political advertising services, sponsors and political advertising publishers, as well as any other person acting for purpose related to their trade, business, craft or profession that may reasonably be aware of information relating to a suspected infringement of this Regulation, to provide such information without undue delay; (b) the power to carry out, or request a judicial authority in their Member State to order, inspections of any premises that those providers or those persons use for purposes related to their trade, business, craft or profession, or to request other public authorities to do so, in order to examine, seize, take or obtain copies of information relating to a suspected infringement in any form, irrespective of the storage medium; (c) the power to ask any member of staff or representative of political advertising services, sponsor or political advertising publishers or those persons to give explanations in respect of any information relating to a suspervisory taskscted infringement and to record the answers with their consent.
Amendment 603 #
2021/0381(COD)
Proposal for a regulation
Article 15 – paragraph 5 – point c
Article 15 – paragraph 5 – point c
(c) impose administrative fines and financial penalties or request the competent national judicial authority in their Member State does so.
Amendment 606 #
2021/0381(COD)
Proposal for a regulation
Article 15 – paragraph 5 – point c a (new)
Article 15 – paragraph 5 – point c a (new)
(c a) impose a periodic penalty payment, or request a judicial authority in their Member State to do so;
Amendment 608 #
2021/0381(COD)
Proposal for a regulation
Article 15 – paragraph 5 – point c b (new)
Article 15 – paragraph 5 – point c b (new)
(c b) request an independent audit in accordance with Article 11b (new).
Amendment 610 #
2021/0381(COD)
Proposal for a regulation
Article 15 – paragraph 6
Article 15 – paragraph 6
6. Member States shall ensure cooperation among competent authorities and supervisory authorities in particular in the framework of national elections networks, to facilitate the swift and secured exchange of information on issues connected to the exercise of their supervisory and enforcements tasks pursuant to this Regulation, including by jointly identifying infringements, sharing findings and expertise, and liaising on the application and enforcement of relevant rules. Member States shall ensure that their competent authorities have all necessary means to carry out their tasks, including sufficient technical, financial and human resources to adequately supervise political actors, sponsors, providers and publishers of advertising services under their competence.
Amendment 613 #
2021/0381(COD)
Proposal for a regulation
Article 15 – paragraph 7
Article 15 – paragraph 7
7. Each Member State shall designate one competent authority as a contact point at Union level for the purposes of this RegulationWhere a Member State designates one or more competent authorities, it shall ensure that the respective tasks of those authorities are clearly defined and that they cooperate closely and effectively when performing their tasks. Each Member State shall designate one competent authority as a contact point at Union level for the purposes of this Regulation. The Member State concerned shall communicate the name of the other competent authorities as well as their respective tasks to the European Coordination Network for Political Advertisement.
Amendment 616 #
2021/0381(COD)
Proposal for a regulation
Article 15 – paragraph 8
Article 15 – paragraph 8
Amendment 619 #
2021/0381(COD)
Proposal for a regulation
Article 15 – paragraph 8 – point a
Article 15 – paragraph 8 – point a
Amendment 623 #
2021/0381(COD)
Proposal for a regulation
Article 15 – paragraph 8 – point b
Article 15 – paragraph 8 – point b
Amendment 626 #
2021/0381(COD)
Proposal for a regulation
Article 15 – paragraph 8 – point c
Article 15 – paragraph 8 – point c
Amendment 629 #
2021/0381(COD)
Proposal for a regulation
Article 15 – paragraph 9
Article 15 – paragraph 9
Amendment 633 #
2021/0381(COD)
Proposal for a regulation
Article 15 a (new)
Article 15 a (new)
Amendment 636 #
2021/0381(COD)
Proposal for a regulation
Article 15 b (new)
Article 15 b (new)
Article 15 b Right to lodge a complaint Individuals and any body, organisation or association mandated to exercise the rights conferred by this Regulation on their behalf shall have the right to lodge a complaint against political actors, political advertising services, political advertising publishers and sponsors alleging an infringement of this Regulation with the competent authority that is the contact point of the Member State where the recipient is located or established. During these proceedings, both parties shall have the right to be heard and receive appropriate information about the status of the complaint, in accordance with national law. The competent authority shall assess the complaint and, where appropriate, transmit it to the contact point in another Member State, accompanied, where considered appropriate, by an opinion. Where the complaint falls under the responsibility of another competent authority in its Member State, the competent authority receiving the complaint shall transmit it to that authority.
Amendment 639 #
2021/0381(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. In relation to Articles 5 to 11, 13 and 14 Member States shall lay down rules on sanctions including administrative fines and financial penalties applicable to providers of political advertising services under their jurisdiction for infringements of the present Regulation, which shall in each individual case be timely, effective, proportionate and dissuasive.
Amendment 646 #
2021/0381(COD)
Proposal for a regulation
Article 16 – paragraph 3 a (new)
Article 16 – paragraph 3 a (new)
3 a. Member States shall notify the Commission of the type and the amount of the penalties imposed. Member States shall report annually on the type and amount of penalties imposed to enforce the provisions of this Regulation. The Commission shall summarise and evaluate these reports annually in addition to the review process provided for in Article 18 of this Regulation.
Amendment 649 #
2021/0381(COD)
Proposal for a regulation
Article 16 – paragraph 4 a (new)
Article 16 – paragraph 4 a (new)
4 a. For infringements of Article 7 by political advertising publishers or service providers that are very large online platforms or very large search engines as defined in Article 33, of Regulation (EU) 2021/XX [Digital Services Act], Member States may impose fines up to the amount referred to in Article 74 (1) of that Regulation.
Amendment 654 #
2021/0381(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
Within two years after each election to the European Parliament and for the first time by 31 December 2026 at the latest, the Commission shall submit a report on the evaluation and review of this Regulation. This report shall assess the need for amendment to this Regulation, , in particular with regard to: (a) the effectiveness of the transparency measures and application of Chapter II, especially the design, display and placement of the label to enable a better understanding of the wider context of each political advertisements and its aims; (b) the impact on the respect for the right to data protection and privacy and application of Article 12 and 12a(new); (c) the effectiveness of the supervision and enforcement mechanisms.. The report shall be made public.
Amendment 658 #
2021/0381(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. The power to adopt delegated acts referred to in Article 7(1a new), 7(7), 7(8) and Article 12(8) shall be conferred on the Commission for a period of [until the application of this regulation is evaluated, two years after the next European Parliamentary elections].
Amendment 660 #
2021/0381(COD)
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. The delegation of power referred to in Article 7(1a new), 7(7), 7(8) and Article 12(8) 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.
Amendment 663 #
2021/0381(COD)
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
5. A delegated act adopted pursuant to Article 7(1a new), 7(7), 7(8) or Article 12(8) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 668 #
2021/0381(COD)
Proposal for a regulation
Annex I – point a
Annex I – point a
(a) where the notice is not within or attached to the advertisement itself, an example/representation of the political advertisement or a link to it.
Amendment 671 #
2021/0381(COD)
Proposal for a regulation
Annex I – point b
Annex I – point b
(b) the identity and place of establishment of the sponsor on behalf of whom the advertisement is delivered or disseminated including their name, address, telephone number and electronic mail address, and whether they are a natural or legal entity.
Amendment 673 #
2021/0381(COD)
Proposal for a regulation
Annex I – point c
Annex I – point c
(c) the period during which the political advertisement is delivered or disseminated and, where applicable and known to the publisher, the fact that the same advertisement has been disseminated in the past.
Amendment 674 #
2021/0381(COD)
Proposal for a regulation
Annex I – point d
Annex I – point d
(d) any election, referendum, legislative or regulatory process with which the advertising is linked, if applicable.
Amendment 678 #
2021/0381(COD)
Proposal for a regulation
Annex I – point e
Annex I – point e
(e) the provisional aggregated amount spent on, and the value of other benefits received in part or full exchange for the specific advertisement, and on the specific advertising campaign where relevant, including on the preparation, placement, promotion, publication, delivery and dissemination of the political advertisements, as well as the aggregated actual amount spent and the value of other benefits received once known.
Amendment 679 #
2021/0381(COD)
Proposal for a regulation
Annex I – point f
Annex I – point f
(f) the sources of the funds being used for the specific advertising campaign including for the preparation, placement, promotion, publication, delivery and dissemination of the political advertisements.
Amendment 683 #
2021/0381(COD)
Proposal for a regulation
Annex II – point a
Annex II – point a
(a) the specific groups of recipients targeted, including the parameters used to determine the recipients to whom the advertising is disseminated, with the same level of detail as used for the targeting and the ad delivery, the categories of personal data used for the targeting, ad delivery and amplification, the targeting, ad delivery and amplification goals, mechanisms and logic including the inclusion and exclusion parameters and the reasons for choosing these parameters.
Amendment 684 #
2021/0381(COD)
Proposal for a regulation
Annex II – point a
Annex II – point a
(a) the specific groups of recipients targeted, including the parameters used to determine the recipients to whom the advertising is delivered or disseminated, with the same level of detail as used for the targeting, the categories of personal data used for the targeting and amplification, the targeting and amplification goals, mechanisms and logic including the inclusion and exclusion parameters and the reasons for choosing these parameters.
Amendment 685 #
2021/0381(COD)
Proposal for a regulation
Annex II – point b
Annex II – point b
(b) the period of delivery or dissemination, the number of individuals to whom the advertisement is disseminated and indications of the size of the targeted audience within the relevant electorate.
Amendment 686 #
2021/0381(COD)
Proposal for a regulation
Annex II a (new)
Annex II a (new)
Annex IIa new - Information to be provided under Article 11a (new) (a) Advertiser specified content including where applicable, content author, all text, image, video, audio, captions for images and videos, links to other assets or external websites, combinations of advertisement creative elements as they were displayed to the recipients to whom the advertising is delivered or disseminated, interaction possibilities offered to the recipients to whom the advertising is disseminated. (b) Meta data including where applicable the disclosure string, content author, unique platform advertiser identifier, national advertiser identifier, timing details including the date of creation of the advertisement and the period of dissemination, information if an advertisement was removed and a statement of reason, information on repeated misdeclarations of advertisements. (d) Ad delivery and results including the number of individuals reached in terms of paid and organic impressions and engagements (per day and in total), where applicable aggregate numbers for the full and detailed list of groups of individuals targeted and distinctly from that ultimately delivered to by the means of ad delivery techniques, all parameters used for targeting, ad delivery and amplification techniques used including the inclusion and exclusion parameters and the reasons for choosing these parameters.
Amendment 33 #
2021/0293(COD)
Proposal for a decision
Recital 1
Recital 1
(1) In its Communication “2030 Digital Compass: the European way for the Digital Decade” of 9 March 202131 (“Digital Compass Communication”) the Commission laid out its vision for 2030 to empower citizens and businesses through the digital transition. The Union way for the digital transformation of economy and society should encompass digital sovereignty, inclusion, equality, sustainability, accessibility, resilience, security, improving quality of life, respect of citizens’ rights and aspirations and should contribute to a dynamic, resource efficient, and fair economy and society in the Union. _________________ 31 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions “2030 Digital Compass: the European way for the Digital Decade” COM/2021/118 final/2.
Amendment 36 #
2021/0293(COD)
Proposal for a decision
Recital 4
Recital 4
(4) The Commission’s Communication on the European Green Deal35 emphasised that Europe should leverage the potential of the's digital transformation, which is a key should become an enabler for reaching the Green Deal objectives. The Union should promote and invest in the necessary digital transformation as digital technologies are a critical enabler for attaining the sustainability goals of the Green Deal in many different sectors. Digital technologies such as artificial intelligence, 5G, cloud and edge computing and the internet of things can accelerate and maximise the impact of policies to deal with climate change and protect the environmentlay the path to a sustainable and sovereign digital future designed for human development. To this end, it should promote and invest in digital technologies and infrastructure that are sustainably designed, with high ecodesign standards and durability at their core, to attain the sustainability goals of the Green Deal. Digitalisation also presents new opportunities for distance monitoring of air and water pollution, orand for monitoring and optimising how energy and natural resources are used. Europe needs a digital sector that puts sustainability at its heart, ensuring that digital infrastructures and technologies become verifiably more sustainable and energy- and resource efficient through a complete multicriteria life-cycle assessment methodology, and contribute to a sustainable circular and climate-neutral economy and society in line with the European Green Deal. _________________ and the EU Sustainable and Smart Mobility Strategy.1a _________________ 1a Communication from the Commission to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions Sustainable and Smart Mobility Strategy – putting European transport on track for the future COM(2020)789 . 35 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions “The European Green deal”, 11.12.2019, COM/2019/640 final.
Amendment 42 #
2021/0293(COD)
Proposal for a decision
Recital 5
Recital 5
(5) The measures envisaged in the Digital Compass Communication should be implemented, to intensify actions defined in the strategy for Shaping Europe’s digital future, and building on existing Union instruments (such as Cohesion programmes, the Technical Support Instrument, Regulation (EU) 2021/694 of the European Parliament and of the Council36 , Regulation (EU) 2021/695 of the European Parliament and of the Council37 and Regulation (EU) 2021/523 of the European Parliament and of the Council38 ) and on the funds allocated for digital transition of Regulation (EU) 2021/241 of the European Parliament and of the Council39 . By this Decision, a Policy Programme “Path to the Digital Decade” should therefore be established in order to achieve, accelerate and shape a successful digital transformation of the Union’s economy and societyas a tool to achieve the Union’s general policy objectives, keeping in mind that digitalisation without a societal value is not a goal in itself. _________________ 36 Regulation (EU) 2021/694 of the European Parliament and of the Council of 29 April 2021 establishing the Digital Europe Programme and repealing Decision (EU) 2015/2240 (OJ L 166, 11.5.2021, p. 1). 37 Regulation (EU) 2021/695 of the European Parliament and of the Council of 28 April 2021 establishing Horizon Europe – the Framework Programme for Research and Innovation, laying down its rules for participation and dissemination, and repealing Regulations (EU) No 1290/2013 and (EU) No 1291/2013 (OJ L 170, 12.5.2021, p. 1). 38 Regulation (EU) 2021/523 of the European Parliament and of the Council of 24 March 2021 establishing the InvestEU Programme and amending Regulation (EU) 2015/1017 ( OJ L 107, 26.3.2021, p. 30). 39 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 43 #
2021/0293(COD)
Proposal for a decision
Recital 6
Recital 6
(6) In order to follow the trajectory of the Union regarding the pace of digital transformation, digital targets should be established. These targets should be linked to concrete areas, where progress should collectively be made within the UnionDigital targets should be established, rigorously guided by clear, environmentally sustainable societal objectives. The targets follow the four cardinal points identified in the Digital Compass Communication, identified as the essential areas for the digital transformation of the Union: digital skills, digital infrastructures, digitalisation of businesses and of public services.
Amendment 45 #
2021/0293(COD)
Proposal for a decision
Recital 6 a (new)
Recital 6 a (new)
(6a) While digitalisation can bring significant advancements in economic development and social inclusion, digitalisation should not be an aim in itself, but rather a tool for progress. In this context, digitalisation does not come at the cost of non-digital solutions. The Union must guarantee human support and the choice of non-digital means of participation in all aspects of public and private life, especially for persons who might still face barriers to digital participation due to inaccessible digital services and products, high financial costs of digital services or devices, lack of internet or mobile access or low digital literacy.
Amendment 47 #
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 eseliminating gender, social and geographic divides. An intersenctional enabler for taking advantage of the benefits of digitisation, for further technological developapproach should be the basis of this convergence, making sure all woments 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. 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 finalmen benefit from advanced digital skills and access to quality jobs, including but not limited to women with disabilities, Black and other women of colour, women with migrant backgrounds, Roma and LBTI women, and from non-urban areas of the Union. Digital literacy should also be prioritised for marginalised populations, such as the elderly and people with disabilities. Wide public consultation involving citizens prior to the deployment of digital infrastructure projects should lead to greater trust, acceptability and improve the design of projects with the concrete needs and feedback of local communities.
Amendment 51 #
2021/0293(COD)
Proposal for a decision
Recital 7 a (new)
Recital 7 a (new)
Amendment 53 #
2021/0293(COD)
Proposal for a decision
Recital 8
Recital 8
(8) Beyond enablers, all the above mentionedEmerging technologies will be at the core of new products, new manufacturing processes and new business models based on fair and secure sharing of data in the data economy. The transformation of businesses will depend on their ability to adopt new digital technologies rapidly and across the board, including in industrial and services ecosystems that are currently lagging behind, while ensuring effective protection of privacy and data protection.
Amendment 58 #
2021/0293(COD)
Proposal for a decision
Recital 9
Recital 9
(9) Democratic life and public services will also crucially depend oncan benefit from digital technologies and therefore they should be fully accessible for everyone, as a best–in- class digital environment providing for easy-to-use, efficient and personalised services and tools with high security and privacy standards. To this end, the use of strong encryption should be encouraged and the avoidance of gender, geographic, social or age divides should be mainstreamed into every action. The digitalisation of public services should be deployed with the aim of enhancing quality and public access, and should go hand in hand with sufficient human employees to accompany citizens in their procedures.
Amendment 61 #
2021/0293(COD)
Proposal for a decision
Recital 10 a (new)
Recital 10 a (new)
(10a) Where public funds are used, it is crucial that maximum value is gained for society and businesses. Therefore, funding should be, if possible, contingent on the outputs of funded projects not being subject to any restrictions and freely reusable.
Amendment 62 #
2021/0293(COD)
Proposal for a decision
Recital 11
Recital 11
(11) A harmonious, inclusive and steady progress towardspproach to the digital transformation and towards the achievement of the digital targets in the Union, requires a comprehensive, robust, reliable, flexible and transparent form of governance, based on close cooperation and coordination between the Union institutions, bodies and agencies, and the Member States. An appropriate mechanism should ensure coordination of convergence and the consistency and effectiveness of policies and measures at Union and national level. Therefore, it is necessary to lay down provisions on a monitoring and cooperation mechanism implementing the Digital Compass Communication. The Union and Member States should ensure inclusive participation of civil society organisations representing marginalised communities, consumer and digital rights representatives, to ensure that digital transformation equally benefits everyone, leaving no one behind. The Union and Member States as State Parties to the United Nations Convention on the Rights with Disabilities (CRPD) are mandated to involve organisations of persons with disabilities.
Amendment 68 #
2021/0293(COD)
Proposal for a decision
Recital 15
Recital 15
(15) In particular, the Commission should report how effectively the objectives of this Decision have been mainstreamed into the planning and development of projects and any problems identified, as well as on the progress towards the digital targets, detailing the degree of Union progress in relation to the projected trajectories for each target, the assessment of the efforts necessary to reach each target, including investment gaps in digital capacities and raising awareness about the actions needed to increase digital sovereignty. The report should also include an assessment of the implementation of relevant regulatory proposals as well as of the actions undertaken at Union and Member States level.
Amendment 71 #
2021/0293(COD)
Proposal for a decision
Recital 15 a (new)
Recital 15 a (new)
(15a) Accessibility and disability-focused indicators should be incorporated in the DESI and in the report on the “State of the Digital Decade” (“ESDDR”) to ensure systematic monitoring and progress related to inclusive and accessible digital transformation for all members of society.
Amendment 73 #
2021/0293(COD)
Proposal for a decision
Recital 16
Recital 16
(16) On the basis of this analysis the report would include specific recommended policies, measures and actions. When recommending policies, measures or actions in the report, the Commission should take into account the most recent data available, the joint commitments undertaken, the policies and measures defined by Member States as well as progress regarding recommended actions identified in earlier reports and addressed in the course of the annual cooperation. In addition, the Commission should take into account the differences in individual Member States’ potential to contribute to the digital targets, as well as the policies, measures and actions already in place and considered appropriate to achieve the objectives and targets, even if their effects have not yet materialised.
Amendment 74 #
2021/0293(COD)
Proposal for a decision
Recital 20
Recital 20
(20) In order to ensure that cooperation between the Commission and the Member States is efficient and effective, Member States should submit to the Commission national Digital Decade strategic roadmaps covering the period up to 2030 (‘national Digital Decade strategic roadmaps’) proposing, where possible and measurable at national level, national trajectories, describing all the instruments adopted, planned or implemented with a view to contributing to the achievement at Union level of the objectives of this Decision and the digital targets and objectives. These national Digital Decade strategic roadmaps should be a crucial tool for the coordination of the policies of the Member States and for ensuring predictability for the market. Member States should take into account relevant sectoral initiatives, both at Union and national level, and ensure consistency with them. During the annual cycle of cooperation, Member States could propose adjustments to their national Digital Decade strategic roadmaps to take into account the evolution of the digital transition at Union and national level and to respond, in particular, to the Commission recommended policies, measures and actions.
Amendment 75 #
2021/0293(COD)
Proposal for a decision
Recital 23
Recital 23
(23) The cooperative dialogue between the Commission and the Member States should commence with the assessment of their national Digital Decade strategic roadmaps and should be based on the data provided and assessment made in the report of the state of the Digital Decade, as well as on the feedback received by relevant stakeholders, including civil society.
Amendment 78 #
2021/0293(COD)
Proposal for a decision
Recital 29
Recital 29
(29) In order to ensure transparency and public participation, the Commission should engage with all interested stakeholders. To that end, the Commission should closely cooperate with stakeholders including private and public actors, such as bodies governed by public laws of the educational or health sector, as well as civil society, and consult them on measures to accelerate the digital transformation at Union level. The involvement of stakeholders would be important at the level of Member States as well, in particular when adopting their national Digital Decade strategic roadmaps and their adjustments.
Amendment 79 #
2021/0293(COD)
Proposal for a decision
Recital 32 a (new)
Recital 32 a (new)
(32 a) Union and Member State funding, such as those under the Recovery and Resilience Facility, Important Projects of Common European Interest (IPCEIs), Technical Support Instrument and the Digital Europe Programme, should incorporate accessibility as award criteria. This will ensure that when EU funds are used, new technologies equally benefit all members of society, including persons with disabilities, rather than creating further digital barriers.
Amendment 80 #
2021/0293(COD)
Proposal for a decision
Recital 32 b (new)
Recital 32 b (new)
(32b) Specific funding should be earmarked for projects aiming towards socially and environmentally beneficial goals, for example for improving accessibility for persons with disabilities, the developing assistive technologies, or addressing energy poverty, among other aims.
Amendment 85 #
2021/0293(COD)
Proposal for a decision
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) set a clear direction for the inclusive digital transformation of the Unionat the service of the Union's objectives and for delivery of the digital targets;
Amendment 89 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) promote a human-centered, sustainable, inclusive, secure, accessible and open digital environment where digital technologies and services respect and enhance Union principles, rights and values;
Amendment 92 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point a a (new)
Article 2 – paragraph 1 – point a a (new)
(aa) ensure that all members of society benefit from digital transformation equally, and no one is left behind, by applying a strong intersectional approach to policies and actions under this Policy Programme, and addressing existing and potential digital gaps due to inaccessible technologies, lack of digital skills, socio- economic barriers, or other reasons;
Amendment 104 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) reinforce Member States’ collective resilience and bridge the digital divides, whether social, economic, geographic or gender-based, notably by promoting basic and specialised digital skills for all and fostering the development of high- performing and inclusive digital education and training systems, accessible for everyone;
Amendment 111 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) ensure digital sovereignty notably by a secure and accessible digital infrastructure capable tof processing vast volumes of data that enables other technological developments, supporting the competitiveness of the Union's industry;
Amendment 114 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) promote the deployment and the use of digital capabilities giving access to digital technologies and data on easyon open, accessible and fair terms in order to achieve a high level of digital intensity and innovation in Union’s enterprises, in particular small and medium ones;
Amendment 117 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point d a (new)
Article 2 – paragraph 1 – point d a (new)
(da) ensure access to data, while ensuring protection of security and fundamental rights;
Amendment 122 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
(e) ensure that democratic life, public services and health and care services are accessible online for everyone, in particular disadvantagmarginalised groups including persons with disabilities, offering inclusive, efficient, accessible, interoperable, and personalised services and tools with high security and privacy standards;
Amendment 123 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point e a (new)
Article 2 – paragraph 1 – point e a (new)
(e a) ensure that everyone, in particular marginalised groups, including persons with disabilities, has easy access to inclusive, efficient, accessible, interoperable, and personalised services and tools with high security and privacy standards such as state-of-the-art, end to end encryption and free and open source solutions;
Amendment 125 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
(f) ensure that digital infrastructures and technologies become more sustainable and energy- and resource efficient, by default and contribute to a sustainable circular and climate-neutral economy and society in line withorder to achieve the European Green Deal and the Union’s environmental targets and objectives;
Amendment 128 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point f a (new)
Article 2 – paragraph 1 – point f a (new)
(fa) ensure that a robust multicriteria life-cycle assessment methodology for the environmental impact of digital technologies and infrastructures is developed and that its use becomes standard practice in the Union;
Amendment 132 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – point g
(g) facilitate convergent conditions for investments in digital transformation throughout the Union, including by strengthening the synergies between the use of Union and national funds, promoting investment in support of socially and environmentally beneficial outcomes and developing predictable regulatory approaches;
Amendment 135 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point h a (new)
Article 2 – paragraph 1 – point h a (new)
(ha) ensure strong civil society involvement, including involvement of organisations of persons with disabilities, human rights groups, environmental organisations, digital and consumer rights representatives, and accessibility experts, in the development and implementation of policies and actions under the “Path to the Digital Decade” Policy Programme.
Amendment 149 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 1 – point b
Article 4 – paragraph 1 – point 1 – point b
(b) at least 20 million employed information and communications technology (ICT) specialists are employed, with convergence between women and menout gender, social or geographical divides;
Amendment 150 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 1 – point b a (new)
Article 4 – paragraph 1 – point 1 – point b a (new)
(ba) all Member States develop digital empowerment courses for their youth with a focus on the risks of the attention economy, knowledge of their digital rights and recourse, media literacy, disinformation and control over their personal data;
Amendment 151 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 2 – introductory part
Article 4 – paragraph 1 – point 2 – introductory part
(2) secure, performant and sustainable digital technologies and infrastructures:
Amendment 153 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 2 – point a
Article 4 – paragraph 1 – point 2 – point a
(a) all European households are covered by a Gigabit network, with all populated areas covered by 5Ghigh- speed networks complementing existing networks and eco-designed services mainstreamed to ensure the tackling of digital divide in remote areas;
Amendment 155 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 2 – point a a (new)
Article 4 – paragraph 1 – point 2 – point a a (new)
(aa) 80% of data centers in Europe are highly-energy efficient with high eco- design standards using renewable energy such as free-cooling and free-chilling and optimised to reuse generated heat for societal use;
Amendment 157 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 2 – point a b (new)
Article 4 – paragraph 1 – point 2 – point a b (new)
(ab) 80% of the components of digital devices and infrastructures are collected at the end-of-life and recycled in Europe to fuel the secondary raw material market and boost innovation;
Amendment 158 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 2 – point a c (new)
Article 4 – paragraph 1 – point 2 – point a c (new)
(ac) 100% of digital equipment has a lifespan of at least 5 years and 60% of the digital equipment market consists of refurbished and reused goods;
Amendment 159 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 2 – point a d (new)
Article 4 – paragraph 1 – point 2 – point a d (new)
(ad) 50% of the annual digital budget of the Union and Member States is directed towards sustainable application of digital technologies;
Amendment 160 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 2 – point a e (new)
Article 4 – paragraph 1 – point 2 – point a e (new)
(ae) sustainability is mainstreamed in 100% of investments in digital technologies and infrastructures in the Union and mandatory prior environmental impact assessments are systemised;
Amendment 163 #
2021/0293(COD)
(da) by 2030, all Union citizens can communicate via interoperable total conversation and real-time text technologies as mainstream electronic communication services;
Amendment 165 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 3 – point a – introductory part
Article 4 – paragraph 1 – point 3 – point a – introductory part
(a) at least 75% of relevant Union enterprises have taken up:
Amendment 166 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 3 – point c
Article 4 – paragraph 1 – point 3 – point c
(c) the Union grows the pipeline of its innovative scale ups and improves their access to finance, leading to at least doubling the number of unicornsfacilitates the growth of scale ups, including their access to finance;
Amendment 167 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 3 – point c a (new)
Article 4 – paragraph 1 – point 3 – point c a (new)
(ca) 50% of businesses use European- based cloud solutions to enhance European digital sovereignty;
Amendment 168 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 3 – point c b (new)
Article 4 – paragraph 1 – point 3 – point c b (new)
Amendment 169 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 3 – point c c (new)
Article 4 – paragraph 1 – point 3 – point c c (new)
(c c) 30% of EU and national digital budgets is directed towards innovation for sustainable technologies in line with the Union’s environmental objectives;
Amendment 170 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 3 – point c d (new)
Article 4 – paragraph 1 – point 3 – point c d (new)
(cd) all Member States engaged in the creation of sustainable innovation hubs gathering businesses, innovators, scientists and environmental and digital rights groups to foster the exchange of best practices and the emergence of world-class sustainable technologies;
Amendment 171 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 3 – point c e (new)
Article 4 – paragraph 1 – point 3 – point c e (new)
(ce) at least 90% of services and products on the Union market are accessible for everyone, including persons with disabilities;
Amendment 173 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 4 – introductory part
Article 4 – paragraph 1 – point 4 – introductory part
(4) sustainable digitalisation of public services:
Amendment 175 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 4 – point a
Article 4 – paragraph 1 – point 4 – point a
(a) 100% online accessible provision of key public services foraccessible for all Union citizens and businesses, while ensuring access to adequate human personnel to assist in public and administrative procedures;
Amendment 176 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 4 – point b
Article 4 – paragraph 1 – point 4 – point b
(b) 100% of Union citizens have access to their medical records (electronic health records (EHR)) with strong privacy and encryption safeguards including decentralised storage;
Amendment 181 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 4 – point c
Article 4 – paragraph 1 – point 4 – point c
(c) at least 8100% of Union citizens use awho want to use an accessible digital identification (ID) solution can do so.
Amendment 182 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 4 – point c a (new)
Article 4 – paragraph 1 – point 4 – point c a (new)
(ca) 100% of public procurement has mandatory sustainability criteria and targets and favour open-source and interoperable solutions;
Amendment 189 #
2021/0293(COD)
Proposal for a decision
Article 5 – paragraph 1
Article 5 – paragraph 1
(1) The Commission shall monitor the progress of the Union against each of the objectives and digital targets set out in Articles 2 and 4. To this end, the Commission shall rely upon Digital Economy and Society Index (DESI), and for the purpose of this decision, in accordance with Article 25 (2), shall set out in an implementing act the key performance indicators (‘KPIs’) for each digital target. The Commission shall develop a multicriteria life-cycle assessment methodology to calculate the environmental impact of digital technologies, establish a digital environmental index and mainstream its use in the Union.
Amendment 193 #
2021/0293(COD)
Proposal for a decision
Article 5 – paragraph 2
Article 5 – paragraph 2
(2) Member States shall provide to the Commission in a timely manner the necessary statistics and data required for the effective monitoring of the digital transition and of the degree of achievement of the digital targets set out in Article 4 and the objectives set out in Article 2. This shall include relevant information on the availability and accessibility of spectrum. Where the relevant statistics from Member States are not yet available, the Commission may use an alternative data collection methodology, such as studies or direct collection of data from the Member States, in consultation with the Member States. The use of that alternative data collection methodology shall not affect the tasks of Eurostat as laid down in Commission Decision 2012/504/EU47 . _________________ 47 Commission Decision 2012/504/EU of 17 September 2012 on Eurostat (OJ L 251, 18.9.2012, p. 49).
Amendment 196 #
2021/0293(COD)
Proposal for a decision
Article 6 – paragraph 1
Article 6 – paragraph 1
(1) The Commission shall submit annually to the European Parliament and the Council a report on the “State of the Digital Decade”. This report shall be the comprehensive report of the Commission on the progress on digital transformation of the Union and i. It shall include the Digital Economy and Society Index (DESI) and the digital environmental impact index of digital technologies in Europe.
Amendment 197 #
2021/0293(COD)
(2) In the report on the “State of the Digital Decade”, the Commission shall provide an assessment of the progress of the Union’s digital transition against the digital targets set out in Article 4 as well as the state of compliance with the general objectives referred to in Article 2 and the principles enshrined in the [insert title of solemn Declaration]. The assessment of the progress made shall be based, in particular, on the analysis and key performance indicators in the DESI as compared to Union-level and, where applicable, national projected trajectories, and, where applicable, on the establishment of and progress regarding Multi-Country Projects.
Amendment 198 #
2021/0293(COD)
Proposal for a decision
Article 6 – paragraph 3 – introductory part
Article 6 – paragraph 3 – introductory part
(3) In the report on the “State of the Digital Decade”, the Commission may recommend policies, measures or actions to be taken by Member States in areas where progress was insufficient to achieve the digital targets set out in Article 4, where the objectives set out in Article 2 were not respected or where significant gaps and shortages have been identified based on the results of the report on the “State of the Digital Decade”. Those recommended policies, measures or actions may, in particular, address:
Amendment 200 #
2021/0293(COD)
Proposal for a decision
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) national projected trajectories contributing to relevant digital targets measurable at national level and how the objectives are mainstreamed in these trajectories;
Amendment 201 #
2021/0293(COD)
Proposal for a decision
Article 7 – paragraph 4
Article 7 – paragraph 4
(4) Member States shall provide a general overview of the investment needed to contribute to the achievement of the objectives and digital targets as set out in their national Digital Decade strategic roadmaps, as well as a general description on the sources of that investment, including, where applicable, planned use of Union programmes and instruments. The national Digital Decade strategic roadmaps may include proposals for Multi-Country Projects.
Amendment 204 #
2021/0293(COD)
Proposal for a decision
Article 8 – paragraph 1
Article 8 – paragraph 1
(1) Member States and the Commission shall closely cooperate to identify ways to address deficiencies in areas where progress was insufficient to achieve one or more of the digital targets set out in Article 4, the objectives in Article 2, or where significant gaps and shortages have been identified based on the results of the report on the ”State of the Digital Decade”. This analysis shall take into account, in particular, the different capacities of Member States to contribute to some of the digital targets and the risk that delays on certain of these targets may have a detrimental effect on the achievement of other digital targets.
Amendment 207 #
2021/0293(COD)
Proposal for a decision
Article 8 – paragraph 3
Article 8 – paragraph 3
(3) Within five months from the publication of the report on the “State of the Digital Decade”, the Member States concerned shall submit to the Commission adjustments to their national Digital Decade strategic roadmaps consisting of policies, measures and actions they intend to undertake, including, where relevant, proposals for Multi-Country Projects, to foster progress in the areas concerned by the digital targets set out in Article 4 and to fulfillachieve the objectives set out in Article 2. If a Member State considers that no action is required and that its national Digital Decade strategic roadmap does not require updating, it shall provide its reasons in writing.
Amendment 208 #
2021/0293(COD)
Proposal for a decision
Article 8 – paragraph 4
Article 8 – paragraph 4
(4) At any point of the annual cooperation, the Commission and one or more Member States may undertake joint commitments, consult with other Member States on policy, measures or actions or establish Multi-Country Projects as provided for in Article 12. The Commission or aA Member State which has proposed a policy, a measure or an action may also request a peer review process to be launched regarding specific aspects of that policy, measure or action, and in particular on its suitability to contribute to achieving a specific digital target. The outcome of the peer review process may be included in the following Report on the “State of the Digital Decade”.
Amendment 211 #
2021/0293(COD)
Proposal for a decision
Article 11 – paragraph 1
Article 11 – paragraph 1
(1) The Commission shall closely cooperate with private and public stakeholders, including social partners and civil society, to collect information and develop recommended policies, measures and actions for the purposes of the implementation of this Decision.
Amendment 212 #
2021/0293(COD)
Proposal for a decision
Article 11 – paragraph 2
Article 11 – paragraph 2
(2) The Member States shall cooperate with private and public stakeholders, including social partners, in line with the national legislation and civil society, when adopting their national Digital Decade strategic roadmaps and their adjustments.
Amendment 213 #
2021/0293(COD)
Proposal for a decision
Article 12 – paragraph 1
Article 12 – paragraph 1
(1) The general objective of the Multi- Country Projects shall be to facilitate the achievement of the digital targets, while ensuring that the objectives described in Article 2 are achieved.
Amendment 214 #
2021/0293(COD)
Proposal for a decision
Article 12 – paragraph 2 – introductory part
Article 12 – paragraph 2 – introductory part
(2) Multi-Country Projects shall aim at one or more of the following specific objectivegoals:
Amendment 215 #
2021/0293(COD)
Proposal for a decision
Article 12 – paragraph 2 – point b
Article 12 – paragraph 2 – point b
(b) reinforcing the Union’s technology excellence and industrial competitiveness in critical technologies, digital products, services and infrastructures that are essential for economic recovery and prosperity, for citizens’the economic well-being security and safety of individuals;
Amendment 219 #
2021/0293(COD)
Proposal for a decision
Article 12 – paragraph 2 – point e
Article 12 – paragraph 2 – point e
(e) contributing to a sustainable digital transformation of society and the economy that benefits all businesses and citizen, all socio- economic groups and individuals across the Union;
Amendment 225 #
2021/0293(COD)
Proposal for a decision
Article 12 – paragraph 5
Article 12 – paragraph 5
(5) The Commission may adopt a recommendation to set up a Multi-Country Project or to invite a Member State to participate in a Multi-Country Project meeting the requirements of paragraphs (1) to (3) , taking into account the progress implementing the national Digital Decade strategic roadmaps and theobjectives as well as adherence to the Commission’s recommended actions. The Commission and Member States may also undertake to set up, or join, a Multi- Country Project as a joint commitment.
Amendment 227 #
2021/0293(COD)
Proposal for a decision
Article 13 – paragraph 3
Article 13 – paragraph 3
(3) Other entities, whether public or private, may contribute to Multi-Country Projects where appropriate. Private contributions shall not result in restrictions to the availability of the outcomes of the projects for individuals and businesses in the Union.
Amendment 229 #
2021/0293(COD)
Proposal for a decision
Article 15 – paragraph 3
Article 15 – paragraph 3
(3) An EDIC shall have in each Member State the most extensive legal capacity accorded to legal entities under the law of that Member State. It may, in particular, acquire, own and dispose of movable, and immovable and intellectual property, conclude contracts and be a party to legal proceedings.
Amendment 233 #
2021/0293(COD)
Proposal for a decision
Article 17 – paragraph 4
Article 17 – paragraph 4
(4) An EDIC may be open to the participation of entities other than Member States, which may include inter alia international organizations and private entities, as specified in the Statutes. If this is the case, Member States shall hold jointly the majority of the voting rights in the assembly of members and enough votes to make any decision, regardless of the amount of contributions from entities other than Member States.
Amendment 235 #
2021/0293(COD)
Proposal for a decision
Article 19 – paragraph 1 – point f
Article 19 – paragraph 1 – point f
(f) rules on the ownership of infrastructure, intellectual property and other assets, as applicableproperty.
Amendment 60 #
2021/0291(COD)
Proposal for a directive
Recital 1
Recital 1
(1) One of the objectives of Directive 2014/53/EU of the European Parliament and of the Council11 is to guarantee the proper functioning of the internal market. Pursuant to Article 3(3), point (a), of that Directive, one of the essential requirements that radio equipment must fulfil is that it interoperates with accessories, in particular with common chargers. In that respect, recital (12) of Directive 2014/53/EU indicates that the interoperability between radio equipment and accessories such as chargers simplifies the use of radio equipment and reduces unnecessary waste and costs and that developing a common charger for certain categories or classes of radio equipment is necessary, particularly for the benefit of consumers. This is also in line with the goals of the European Green Deal and should therefore be achieved. __________________ 11 Directive 2014/53/EU of the European Parliament and of the Council of 16 April 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment and repealing Directive 1999/5/EC (OJ L 153, 22.5.2014, p. 62).
Amendment 62 #
2021/0291(COD)
Proposal for a directive
Recital 2
Recital 2
(2) Since 2009, efforts have been deployed at Union level to limit the fragmentation of the charging interfaces for mobile phones and similar items of radio equipment. Recent voluntary initiatives do not fully meet Union policy objectives to reduce electronic waste (e-wasNevertheless, the single market is not exploiting its full potential and the continuing fragmentation of the market for chargers and charging interfaces for mobile phones and other categories or classes of radio equipment translates into an increase in electronic waste (e-waste) and consumer frustration. Recent voluntary initiatives have proved unsuccessful to meet Union policy objectives to reduce e-waste, ensure consumer convenience and avoid fragmentation of the market for charging devices. To date), ensure consumer convenience and avoid fragmentation of the market for charging devicethere are no voluntary commitments or binding requirements on common chargers or charging interfaces for mobile phones or other similar portable devices. A comprehensive approach at Union level is needed to address the risks related to the continued market fragmentation, to minimise the environmental impact of portable product chargers and to empower consumers by providing them with a sustainable choice when buying such products.
Amendment 67 #
2021/0291(COD)
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) In January 2020, the European Parliament adopted a resolution on a common charger for mobile radio equipment stressing the urgent need for Union regulatory action for a common charger for mobile phones and other small and medium-sized radio equipment devices in order to reduce e-waste, empower consumers to make sustainable choices, and allow consumers to participate fully in an efficient and well- functioning internal market. The resolution also highlights the importance of research and innovation in this domain to improve existing technologies and come up with new ones and the need for a regular scrutiny of the legislative framework for a common charger in order to take into account technical progress.
Amendment 69 #
2021/0291(COD)
Proposal for a directive
Recital 3
Recital 3
(3) The Union is committed to boosting the efficient use of resources and to reduce the environmental and resource footprint of Union production and consumption by moving to a clean, circular economy through the introduction of initiatives such as Directive 2012/19/EU of the European Parliament and of the Council12 and more recently through the introduction of the European Green Deal. This Directive aims to reduce the e-waste generated by the sale of radio equipment and to reduce the extraction of raw materials and the CO2 emissions generated by the production, transportation and disposal of chargers, thereby promoting a circular economy. __________________ 12 Directive 2012/19/EU of the European Parliament and of the Council of 4 July 2012 on waste electrical and electronic equipment (WEEE) (OJ L 197, 24.7.2012, p. 38).
Amendment 70 #
2021/0291(COD)
Proposal for a directive
Recital 4
Recital 4
(4) The Commission’s Circular Economy Action Plan provided for initiatives along the entire life cycle of products, targeting their design, promoting circular economy processes through resource efficiency, zero pollution and waste prevention as key priorities, fostering sustainable consumption, and aiming to ensure that the resources used are kept in the Union economy for as long as possible.
Amendment 71 #
2021/0291(COD)
Proposal for a directive
Recital 5
Recital 5
(5) The Commission completed an impact assessment study, which has shownconfirmed that the internal market is not exploiting its full potential as continuing fragmentation of the market for charging interfaces and charging communication protocols for mobile phones and other similar radio equipment results in a lack of consumer convenience and an increase in e-waste.
Amendment 74 #
2021/0291(COD)
Proposal for a directive
Recital 6
Recital 6
(6) The interoperability between radio equipment and accessories such as chargers is hampered as there are different charging interfaces for certain categories or classes of radio equipment that use wired charging such as handheld mobile phones, tablets, digital cameras, headphones or headsets, handheld videogame consoles and portable speakers. In addition, there are several types of fast charging communication protocols for which a minimum level of performance is not always guaranteed. As a result, Union action is required to promote a common degree of interoperability, minimum power delivery, a common fast charging functionality and the provision of information relating to the charging characteristics of radio equipment to end- users so that they are adequately informed about the negative impact of unnecessary chargers. It is therefore necessary to introduce suitable requirements in Directive 2014/53/EU regarding the charging communication protocols, the charging interface (i.e. charging receptacle) of certain categories or classes of radio equipment operating with power delivery up to 100 Watts, as well as the information to be provided to end-users regarding the charging characteristics of those categories or classes of radio equipment, such as information about the minimum and maximum wattage range at the maximum charging speed, so that end-users can easily understand which chargers they can use with which radio equipment device.
Amendment 83 #
2021/0291(COD)
Proposal for a directive
Recital 9
Recital 9
(9) It is therefore necessary to harmonise the charging interface and charging communication protocols for specific categories or classes of radio equipment that are recharged via wired charging. It is also necessary to provide the basis for adaption, review and modification of the current rules to any future technological progress by introducing a harmonisation ofand to other developments that may have an impact on consumer convenience, environmental benefits and to the degree of fragmentation of the charging interfaces and charging communication protocols. It is also necessary to harmonise the charging interfaces and the charging communication protocols with respect to radio equipment that may be charged via any means other than wired charging including charging via radio waves (wireless charging) by 31 December 2025. Such harmonisation should reduce environmental waste, ensure consumer convenience and avoidensure that the wireless charging technology or any other technology that uses other means than wired charging is at least equally energy efficient and safe as a wired solution and that it is interoperable and capable of quickly charging different categories or classes of radio equipment. Such a harmonised approach would help reducing environmental waste, ensure consumer convenience and avoid lock-in effects with proprietary charging solutions as well as fragmentation of the market among different charging interfaces and charging communication protocols as well as among any initiatives at national level, which might cause barriers to trade in the internal market.
Amendment 90 #
2021/0291(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Such harmonisation would be however incomplete, if it is not combined with requirements regarding the combined sale of radio equipment and their chargers and information to be provided to end-userscharging devices and cables are systematically sold to end- users with each electronic device. The most effective way to ensure a concrete reduction in environmental impacts and an actual increase in consumer savings is to establish that radio equipment should only be sold to end-users without charging devices and cables. Such measure should be combined with mandatory information to be provided to end-users before the sale of the product, including when the product is sold online. The mandatory unbundling should not be financially detrimental to end-users, and any discriminatory, disproportionate or unfair marketing practice resulting in unnecessary costs and burden for end- users should be monitored and reported by the Commission. A fragmentation of approaches among the Member States with respect to the marketing of the categories or classes of radio equipment concerned and their charging devices would hamper the cross-border trade in those products, for example by obliging economic operators to repackage their products depending on the Member State, in which the products are to be supplied. This would in turn result in increased inconvenience for consumers and would generate unnecessary e-waste thus offsetting the benefits derived from the harmonisation of the charging interface and charging communication protocol. It is therefore necessary to impose requirements to ensure that end-users are not obliged to purchase a new charging device with each purchase of a new mobile phone or similar item of radio equipment. To ensure the effectiveness of suchTo ensure the effectiveness of the unbundling requirements, end-users should receive the necessary information regarding the charging characteristics when purchasing a mobile phone or similar item of radio equipment.
Amendment 99 #
2021/0291(COD)
Proposal for a directive
Recital 13
Recital 13
(13) With respect to charging by means other thanThe latest technological trends reflect the shift from wired charging to charging by other means, such as different wireless charging technologies, which entail many potential benefits for consumers and the environment such as mitigating e-waste, but also shortcomings, because wireless charging technologies perform less efficiently than wired charging. It should be considered that no standardised test method exists to evaluate and effectively compare the efficiency of wireless charging. Many mobile phones and other categories or classes of radio equipment already use different wiredless charging, methods, and divergent solutions may be developed in the future, which may have negative impacts on interoperability, consumer convenience and the environment. Whilst it is premature to impose specific requirements on such solutions at this stage, the Commission should be able to tait is necessary to avoid any future fragmentation in this area or risk of lock-in effect with proprietary charging solutions for wireless charging technologies, which may jeopardise the goals of the common charger initiative. To this end, harmonised standards to evaluate and effectively compare the efficiency of different wireless charging technologies and to harmonise charging interfaces and fast charging protocols for wireless charging are needed to ensure the proper functioning of the internal market action towards harmonising them in the future, if fragmentation on the internal market is observednd the application of this Directive. The Commission should therefore take measures towards harmonising such wireless technologies based on voluntary harmonised standards that are adopted in accordance with Regulation (EU) No 1025/2012 of the European Parliament and of the Council for the purpose of drawing up detailed technical specifications for improving the energy efficiency and the interoperability of those technologies. The Commission should therefore issue standardisation requests to the European standardisation organisations by 2025.
Amendment 105 #
2021/0291(COD)
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) In the absence of harmonised standards for interoperability of charging interface and fast charging protocols for wireless charging, and whenever needed for internal market harmonisation purposes, the Commission should be able to adopt the most appropriate technical specification, based on the degree of technical progress and on considerations of consumer convenience and environmental benefits. For instance, the Commission should be able to adopt technical specifications when the standardisation process is blocked due to a lack of consensus between stakeholders or where there are undue delays in the establishment of a harmonised standard, for example because the required quality is not reached. The Commission should not be allowed to adopt a technical specification if it has not previously tried to have the wireless requirements covered through the European standardisation system, except where the Commission can demonstrate that the technical specifications comply with the requirements laid down in Annex II to Regulation (EU) No 1025/2012. With a view to establishing such a standard in the most efficient way, the Commission should also fully involve the Commission Expert Group on Radio Equipment throughout the process of adaption and harmonisation.
Amendment 106 #
2021/0291(COD)
Proposal for a directive
Recital 13 b (new)
Recital 13 b (new)
(13b) In order to ensure coherence between the provisions of this Directive and other relevant provisions covering radio equipment, it is important to clarify that the provisions of this Directive apply to all end-users including consumers. The applicable definition of ‘end-user’ is laid down in Article 3(21) of Regulation (EU) 2019/1020 and it explicitly indicates that consumers are a particular category of end-users.
Amendment 108 #
2021/0291(COD)
Proposal for a directive
Recital 16
Recital 16
(16) Article 10(8) of Directive 2014/53/EU provides for information to be included in the instructions for use and so additional information requirements should be inserted in that Article. The details of the new requirements should be specified in the new annex to Directive 2014/53/EU. Those mandatory information requirements would enable consumers to determine the most appropriate external power supply (EPS) needed to charge their radio equipment. It should be possible to adapt those requirements in the future in order to reflect any changes to the labelling requirements for EPS, which may be introduced under Directive 2009/125/EC of the European Parliament and of the Council14 end-users to improve their understanding of the negative environmental impact of unnecessary chargers and of the differences between the available chargers on the market. An easily legible, accessible and understandable label should indicate the information on the charging capabilities and compatible chargers that should allow consumers to determine the most appropriate external power supply (EPS) needed to charge their radio equipment. The label with the information on the charging capabilities and compatible chargers should also be displayed on the instructions for use, which accompany the radio equipment, in order to give end-users a further reference. It should be possible to adapt those requirements in the future in order to reflect any changes to the labelling requirements for EPS, which may be introduced under Directive 2009/125/EC of the European Parliament and of the Council14 . The information obligations should be applicable to manufacturers, importers, distributors and where applicable, authorised representatives, as long as they supply the radio equipment directly to end-users, and should be adapted accordingly in the revision of the Union framework regulating the ecodesign requirements. __________________ 14 Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products (OJ L 285, 31.10.2009, p. 10).
Amendment 110 #
2021/0291(COD)
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) Certain elements of the information referred to in Article 10(8) of Directive 2014/53/EU should also be provided by means of a dedicated graphic, the details of which should be specified in the annex to this Directive. The graphic should consist of visual elements that can easily enable end-users, including end- users with disabilities, to determine before the purchase of the product whether or not a charging device is included with the radio equipment and inform them about the minimum and the maximum power required to charge the radio equipment at the maximum charging speed. The graphic should be placed in a prominent position on the end-user packaging in order to be clearly visible to end-users before the purchase, including where the purchase is made online. In the absence of a packaging, the label should be attached on the radio equipment. The information obligations should be applicable to manufacturers, importers, distributors and where applicable, authorised representatives, as long as they supply the radio equipment directly to end-users, and should be adapted accordingly in the revision of the Union framework regulating the ecodesign requirements.
Amendment 111 #
2021/0291(COD)
Proposal for a directive
Recital 18
Recital 18
(18) Articles 40, 43 and 44 of Directive 2014/53/EU should be amended in order to adapt the references that they contain to the new provisions that are introduced by this Directive. It is important to ensure that national market surveillance authorities have adequate human, financial and technical resources to effectively enforce the new requirements inserted in Articles 3 and 3a and Article 10(8) of Directive 2014/53/EU and to avoid divergent interpretations among market surveillance authorities. During the first five years following the date of application of this Directive, it is therefore essential that the Union finance market surveillance campaigns and associated activities relating to radio equipment falling within the scope of Article 3(4), Article 3a and Article 10(8) of Directive 2014/53/EU. It is essential that Member States conduct market surveillance activities on the information obligations of economic operators, especially at the beginning of the applicability of the new rules. It is important that specific funding is provided for in relation to those activities, taking into account the fact that there are currently many unsafe chargers available on the market. Therefore, the carrying out of strong market surveillance activities about the safety of the chargers is of high importance.
Amendment 115 #
2021/0291(COD)
Proposal for a directive
Recital 19
Recital 19
(19) In order to address any future developments in charging technology such as the emergence of new categories or classes of radio equipment, increase in voltage power or charging technologies and to ensure the minimum common interoperability between radio equipment and the charging devices for such radio equipment and harmonise wireless technologies, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to amend the categories or classes of radio equipment and the specifications regarding the charging interfaces and charging communication protocols, as well as the details on the information for each of them, as well as the additional and future details on the information, graphic and labelling requirements in relation to charging. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Inter- institutional Agreement on Better Law- Making of 13 April 201615 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. __________________ 15 OJ L 123, 12.5.2016, p. 1.
Amendment 119 #
2021/0291(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a a (new)
Article 1 – paragraph 1 – point 1 – point a a (new)
Directive 2014/53/EU
Article 3 – paragraph 3 – subparagraph 2
Article 3 – paragraph 3 – subparagraph 2
(aa) paragraph 3, second subparagraph, is replaced by the following: ‘The Commission shall be empowered to adopt delegated acts in accordance with Article 44 specifying which categories or classes of radio equipment are concerned by each of the requirements set out in points (a) to (i) of the first subparagraph of this paragraph. With respect to radio equipment referred to in point (a) of this paragraph, the Commission shall adopt a delegated act in accordance with Article 44, by 31 December 2027, with a view to ensuring its application by 1 January 2029, concerning the identification and the setting of harmonised standards and technical specifications, including references and descriptions, in relation to the charging receptacles and charging communication protocols, for rechargeable radio equipment, other than for the categories or classes of radio equipment, specified in Annex Ia, Part I in so far as they are capable of being recharged via wired charging.´
Amendment 123 #
2021/0291(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Directive 2014/53/EU
Article 3 – paragraph 4 – subparagraph 1
Article 3 – paragraph 4 – subparagraph 1
Radio equipment falling within the categories or classes specified in Annex Ia, Part I shall be so constructed that it complies with the specifications on charging capabilities set out in that Annex for the relevant category or class of radio equipment.
Amendment 125 #
2021/0291(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Directive 2014/53/EU
Article 3 – paragraph 4 – subparagraph 2 – introductory part
Article 3 – paragraph 4 – subparagraph 2 – introductory part
With respect to radio equipment referred to in Article 3(4) capable of being recharged via wired charging, the Commission is empowered to adopt delegated acts in accordance with Article 44 to amend Part I of Annex Ia in the light of technical progress, consumer convenience, environmental benefits, degree of fragmentation of the charging interfaces and charging communication protocols and to ensure the minimum common interoperability between radio equipment and their charging devices, by:
Amendment 128 #
2021/0291(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Directive 2014/53/EU
Article 3 – paragraph 4 – subparagraph 2 – point a
Article 3 – paragraph 4 – subparagraph 2 – point a
(a) introducing, modifying, adding or removing categories or classes of radio equipment or power requirements;
Amendment 132 #
2021/0291(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Directive 2014/53/EU
Article 3 – paragraph 4 – subparagraph 2 – point b
Article 3 – paragraph 4 – subparagraph 2 – point b
(b) introducing, modifying, adding or removing technical specifications, including references and descriptions, in relation to the charging receptacle(s), power requirements and charging communication protocol(s), for each category or class of radio equipment concerned.’
Amendment 137 #
2021/0291(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Directive 2014/53/EU
Article 3 – paragraph 4 – subparagraph 3 – introductory part
Article 3 – paragraph 4 – subparagraph 3 – introductory part
With respect to radio equipment referred to in Article 3(4) capable of being recharged via means other than wired charging, the Commission is empowered to adopt delegated acts in accordance with Article 44, by 31 December 2025, in order to amend Part I of Annex Ia in the light of technical progress, consumer convenience, environmental benefits, degree of fragmentation of the market for charging interfaces and charging communication protocols, and to ensure the minimum common interoperability between radio equipment and their charging devices, by:
Amendment 144 #
2021/0291(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Directive 2014/53/EU
Article 3 – paragraph 4 – subparagraph 3 – point b
Article 3 – paragraph 4 – subparagraph 3 – point b
(b) introducing, modifying, adding or removing harmonised standards, technical specifications, including references and descriptions, in relation to charging interface(s) and charging communication protocol(s), for each category or class of radio equipment concerned.’;
Amendment 146 #
2021/0291(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Directive 2014/53/EU
Article 3 – paragraph 4 – subparagraph 3 a (new)
Article 3 – paragraph 4 – subparagraph 3 a (new)
The Commission shall, in accordance with Article 10 of Regulation (EU) No 1025/2012, request one or more European standardisation organisations to draft harmonised standards for the categories of radio equipment falling within the scope of Article 3(4). The Commission shall submit the first draft request to the relevant committee by 31 December 2025.
Amendment 148 #
2021/0291(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Directive 2014/53/EU
Article 3 – paragraph 4 – subparagraph 3 b (new)
Article 3 – paragraph 4 – subparagraph 3 b (new)
The Commission may adopt implementing acts establishing technical specifications for the categories of radio equipment set out in Annex Ia to this Directive where the following conditions have been fulfilled: (a) no reference to harmonised standards is published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012; (b) the reference to harmonised standards is published in the Official Journal of the European Union, but the Commission determines, based on a technical assessment, that such standards do not result in consumer convenience, environmental benefits and reduced market fragmentation; and (c) either: (i) the Commission has requested one or more European standardisation organisations to draft a harmonised standard and there are undue delays in the standardisation procedure or the request has not been accepted by any European standardisation organisations; or (ii) the Commission can demonstrate that a technical specification complies with the requirements laid down in Annex II to Regulation (EU) No 1025/2012, except for the requirement that the technical specifications should have been developed by a non-profit making organisation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 45(3).
Amendment 149 #
2021/0291(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Directive 2014/53/EU
Article 3 – paragraph 4 a (new)
Article 3 – paragraph 4 a (new)
4a. The Commission shall regularly review the requirements referred to in Article 3(4) and, where appropriate, amend the delegated acts and implementing acts adopted in accordance with this Regulation in line with technical progress, and duly taking into account consumer convenience, environmental benefits and the degree of fragmentation of the market for charging interfaces and charging communication protocols.
Amendment 153 #
2021/0291(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2014/53/EU
Article 3 a – paragraph 1
Article 3 a – paragraph 1
Where an economic operator offers to end- users the possibility to acquire radio equipment falling within the scope of Article 3(4) together with a charging device, the end-user shall alsoonly be offered the possibility to acquire the radio equipment without any charging device or cable, and to purchase the charging device and cable separately.;
Amendment 159 #
2021/0291(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – introductory part
Article 1 – paragraph 1 – point 3 – introductory part
Directive 2014/53/EU
Article 10 – paragraph 8
Article 10 – paragraph 8
(3) in Article 10(8), the following subparagraph iss are added:
Amendment 161 #
2021/0291(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2014/53/EU
Article 10 – paragraph 8 – subparagraph 3
Article 10 – paragraph 8 – subparagraph 3
Amendment 163 #
2021/0291(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2014/53/EU
Article 10 – paragraph 8 – subparagraph 3 a (new)
Article 10 – paragraph 8 – subparagraph 3 a (new)
Manufacturers, importers, distributors and where applicable, authorised representatives shall ensure that radio equipment falling within the scope of Article 3(4) are accompanied by an easily legible, accessible and understandable graphic indicating whether or not a charging device is offered together with the radio equipment in accordance with the requirements set out in Annex Ia, Part III. The graphic shall be placed in a prominent position on the end-user packaging in order to be clearly visible to end-users before the purchase, including where the purchase is made online. In the absence of a packaging, the label shall be attached to the radio equipment. The Commission is empowered to adopt delegated acts in accordance with Article 44 in order to amend Annex Ia, Part III, by introducing, modifying, adding or removing any details to the graphic in relation to any future labelling requirements for external power supplies or charging cables or any relevant changes to Part I and II of that Annex.
Amendment 164 #
2021/0291(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2014/53/EU
Article 10 – paragraph 8 – subparagraph 3 b (new)
Article 10 – paragraph 8 – subparagraph 3 b (new)
Manufacturers, importers, distributors and, where applicable, authorised representatives shall ensure that radio equipment falling with the scope of Article 3(4) are accompanied by an easily legible, accessible and understandable label to provide information on the charging capabilities of the specific radio equipment as set out in Annex Ia, Part IV. The label shall be placed in a prominent position on the end-user packaging in order to be clearly visible to end-users before the purchase, including where the purchase is made online. In the absence of a packaging, the label shall be attached to the radio equipment. The label shall also be displayed on the instructions for use that accompany the radio equipment. The Commission is empowered to adopt delegated acts in accordance with Article 44 in order to amend Annex Ia, Part IV, by introducing, modifying, adding or removing any details to the label in relation to any future labelling requirements for external power supplies or charging cables or any relevant changes to Parts I and II of that Annex, also taking into account the developments of the Union framework regulating the ecodesign requirements.
Amendment 165 #
2021/0291(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Directive 2014/53/EU
Article 40 – title
Article 40 – title
Procedure at national level for dealing with radio equipment presenting a risk or not in compliance with essential or information requirements;
Amendment 166 #
2021/0291(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Directive 2014/53/EU
Article 40 – paragraph 1– subparagraph 1
Article 40 – paragraph 1– subparagraph 1
(b) in paragraph 1, first subparagraph, the words ‘or does not comply with at least one of the applicable essential requirements set out in Article 3 or Article 3a or with the information requirements set out in Article 10(8)’ are added after the words ‘public interest protection covered by this Directive’;
Amendment 167 #
2021/0291(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b a (new)
Article 1 – paragraph 1 – point 5 – point b a (new)
Directive 2014/53/EU
Article 40 – paragraph 5– point b a (new)
Article 40 – paragraph 5– point b a (new)
(ba) in paragraph 5, the following point is added: ‘(ba) When carrying out market surveillance of radio equipment falling within the scope of Article 3(4), the relevant market surveillance authorities shall perform specific checks about the economic operators’ obligations of information about the charging capabilities in Article 10(8) as well as checks about compliance with the applicable safety information and interoperability requirements, in line with Regulation 2019/1020´;
Amendment 171 #
2021/0291(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7 a (new)
Article 1 – paragraph 1 – point 7 a (new)
Directive 2014/53/EU
Article 47 – paragraph 2 a (new)
Article 47 – paragraph 2 a (new)
(7a) in Article 47, the following paragraph is added: '2a. The Commission shall monitor and review the application of this Directive in relation to new charging technologies and report thereon to the European Parliament and to the Council by 2025 and every three years thereafter. When carrying out the review, the Commission shall in particular evaluate the requirements set out in Article 3a and Article 10(8) and the progress on drawing up relevant European standards and technical specifications necessary to ensure that portable radio equipment interworks with wireless charging technologies. The Commission shall monitor any technological developments that can affect the specifications set out in Part I of Annex Ia, such as products covered, charging speed, power requirements, energy efficiency or emergence of new standards or technologies.’
Amendment 174 #
2021/0291(COD)
Proposal for a directive
Article 2 – paragraph 1 – subparagraph 1
Article 2 – paragraph 1 – subparagraph 1
Member States shall adopt and publish, by [OP please insert date – 12 months after adoption6 months after the entry into force of this Directive] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 177 #
2021/0291(COD)
Proposal for a directive
Article 2 – paragraph 1 – subparagraph 2
Article 2 – paragraph 1 – subparagraph 2
They shall apply those provisions from [OP please insert date 126 months after the end of the transposition period indicated in the preceding subparagraph].
Amendment 180 #
2021/0291(COD)
Proposal for a directive
Annex I
Annex I
Directive 2014/53/EU
Annex I a – Part I – paragraph –1 (new)
Annex I a – Part I – paragraph –1 (new)
Categories or classes of radio equipment operating with power delivery of up to 100W falling under the scope of this Directive: – hand-held mobile phones, – tablets, e-readers, laptops, – digital cameras, – headphones, headsets, earbuds, – handheld videogame consoles, keyboards, mice, – portable speakers, smart speakers, digital radios, – smart watches, personal care devices, sport devices, – GPS/portable navigation, – electronic toys.
Amendment 184 #
2021/0291(COD)
Proposal for a directive
Annex I
Annex I
Directive 2014/53/EU
Annex I a – Part I – paragraph 1 – introductory part
Annex I a – Part I – paragraph 1 – introductory part
1. Hand-held mobile phones, tablets, digital cameras, headphones, headsets, handheld videogame consoles and portable speakers,Categories or classes of portable radio equipment listed in point – 1 of this Annex in so far as they are capable of being recharged via wired charging, shall:
Amendment 193 #
2021/0291(COD)
Proposal for a directive
Annex I
Annex I
Directive 2014/53/EU
Annex I a – Part I – paragraph 2 – introductory part
Annex I a – Part I – paragraph 2 – introductory part
2. Hand-held mobile phones, tablets, digital cameras, headphones, headsets, handheld videogame consoles and portable speakers,Categories or classes of portable radio equipment listed in point – 1 of this Annex in so far as they are capable of being recharged via wired charging at voltages higher thanof 5 volts or currents higher than 3 amperes or powers higher than 15 wattshigher or currents of 3 amperes or higher or powers of 15 watts or higher, shall:
Amendment 197 #
2021/0291(COD)
Proposal for a directive
Annex I
Annex I
Directive 2014/53/EU
Annex I a – Part I – paragraph 2 – point b a (new)
Annex I a – Part I – paragraph 2 – point b a (new)
(ba) enable the charging of the radio equipment via USB Power Delivery regardless of the manufacturer of the charging device.
Amendment 200 #
2021/0291(COD)
Proposal for a directive
Annex I
Annex I
Directive 2014/53/EU
Annex I a – Part II – paragraph 1 – introductory part
Annex I a – Part II – paragraph 1 – introductory part
In the case of radio equipment falling within the scope of Article 3 (4), first subparagraph, the following information shall be indicated in printed form on the packaging or, in the absence of packaging, on a label, including in the instructions and safety information, accompanying the radio equipment with the condition that the label can be visible:
Amendment 202 #
2021/0291(COD)
Proposal for a directive
Annex I
Annex I
Directive 2014/53/EU
Annex I a – Part II – paragraph 1 – point a
Annex I a – Part II – paragraph 1 – point a
(a) a description of the power requirements of the wired charging devices that can be used with that radio equipment, including the minimum and the maximum power required to charge the radio equipment at the maximum charging speed expressed in watts by displaying the text: “the minimum power delivered by the charger shall be equal to or higher than [xx] Watts”. "The maximum power delivered at the maximum charging speed by the charger shall not be higher than [xx] Watts". The number of watts shouldall express the minimum and the maximum power required by the radio equipment at the maximum charging speed;
Amendment 205 #
2021/0291(COD)
Proposal for a directive
Annex I
Annex I
Directive 2014/53/EU
Annex I a – Part II – paragraph 1 – point b
Annex I a – Part II – paragraph 1 – point b
(b) a description of the specifications in relation to charging capabilities of the radio equipment, in so far as they are capable of being recharged via wired charging at voltages higher thanof 5 volts or currents higher than 3 amperes or powers higher than 15 wattshigher or currents of 3 amperes or higher or powers of 15 watts or higher, including an indication that the radio equipment supports the USB Power Delivery charging protocol by displaying the text “USB PD fast charging” and an indication of any other supported charging protocol by displaying its name in text format.
Amendment 208 #
2021/0291(COD)
Proposal for a directive
Annex I
Annex I
Directive 2014/53/EU
Annex I a – Part II – paragraph 2
Annex I a – Part II – paragraph 2
Such information shall also be provided and displayed online in case of online sales and shall be in a language and a format which can be easily understood by consumers and other end-users, including persons with disabilities, as determined by the Member State concerned, and shall be clear, understandable and intelligible.’
Amendment 210 #
2021/0291(COD)
Proposal for a directive
Annex I
Annex I
Directive 2014/53/EU
Annex I a – Part II a (new) – title
Annex I a – Part II a (new) – title
PART III Graphic indicating whether or not a charging device is offered together with the radio equipment
Amendment 211 #
2021/0291(COD)
Proposal for a directive
Annex
Annex
Directive 2014/53/EU
Annex I a – Part II a – paragraph 1 (new)
Annex I a – Part II a – paragraph 1 (new)
1. Charging device (external power supply device) offered with radio equipment shall be indicated in the form of the following graphic:
Amendment 212 #
2021/0291(COD)
Proposal for a directive
Annex
Annex
Directive 2014/53/EU
Annex I a – Part II a – paragraph 2 (new)
Annex I a – Part II a – paragraph 2 (new)
2. Charging device (external power supply device) not offered with radio equipment shall be indicated in the form of the following graphic:
Amendment 213 #
2021/0291(COD)
Proposal for a directive
Annex I
Annex I
Directive 2014/53/EU
Annex I a – Part II a – paragraph 3 (new)
Annex I a – Part II a – paragraph 3 (new)
3. The label shall be of the same colour and size respecting the proportions given in the drawings above and shall appear in the instructions for use of the specific radio equipment.
Amendment 214 #
2021/0291(COD)
Proposal for a directive
Annex I
Annex I
Directive 2014/53/EU
Annex I a – Part II b (new) – title
Annex I a – Part II b (new) – title
PART IV Content and format of the label providing information on the charging capabilities of the radio equipment
Amendment 215 #
2021/0291(COD)
Proposal for a directive
Annex I
Annex I
Directive 2014/53/EU
Annex I a – Part II b (new) – paragraph 1
Annex I a – Part II b (new) – paragraph 1
1. The Label shall be indicated in the following format:
Amendment 216 #
2021/0291(COD)
Proposal for a directive
Annex I
Annex I
Directive 2014/53/EU
Annex I a – Part II b (new) – paragraph 2
Annex I a – Part II b (new) – paragraph 2
2. The letters XX after “Minimum” shall be replaced by the figure corresponding to the minimum power required by the radio equipment to charge, which defines the minimum power that a charging device should supply to charge the radio equipment. The letters XX after “Maximum” shall be replaced by the figure corresponding to the maximum power required by the radio equipment at the maximum charging speed, which defines the power that a charging device should at least supply to achieve that maximum charging speed. The abbreviation "USB PD" (USB Power delivery) shall be displayed if the radio equipment supports this charging communication protocol. "USB PD" is a protocol that negotiates the fastest delivery of current from the charger to the device without shortening the battery lifetime. The power capabilities in the label should be established as key information requirements to ensure comparability between chargers. If deemed necessary, a figure could be provided in brackets indicating the current.
Amendment 217 #
2021/0291(COD)
Proposal for a directive
Annex I
Annex I
Directive 2014/53/EU
Annex I a – Part II b (new) – paragraph 3
Annex I a – Part II b (new) – paragraph 3
3. The label shall be of the same colour and size respecting the proportions given in the drawings above and shall appear in the instructions for use of the specific radio equipment.
Amendment 313 #
2021/0106(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The purpose of this Regulation is to improve the functioning of the internal market by laying down a uniform minimum legal framework in particular for the development, marketing and use of artificial intelligence in conformity with Union values. This Regulation pursues a number of overriding reasons of public interest, such as a high level of protection of health, safety and fundamental rights, and its well as the environment, society, rule of law and democracy, economic interests and consumer protection. It also ensures the free movement of AI- based goods and services cross-border, thus preventing Member States from imposing restrictions on the development, marketing and use of AI systems, unless explicitly authorised by this Regulation., or justified by the need to ensure the protection of the rights and freedoms of natural persons, or the ethical principles advocated by this Regulation
Amendment 319 #
2021/0106(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1 a) The term “artificial intelligence” (AI) refers to systems developed by humans that can, using different techniques and approaches, generate outputs such as content, predictions, recommendations and decisions. The context they are used in is decisive for how much and what kind of influence they can have, and whether they are perceived by an observer as “intelligent”. The term “automated decision-making” (ADM) has been proposed as it could avoid the possible ambiguity of the term AI. ADM involves a user delegating initially a decision, partly or completely, to an entity by way of using a system or a service. That entity then uses automatically executed decision-making models to perform an action on behalf of a user, or to inform the user’s decisions in performing an action
Amendment 320 #
2021/0106(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Artificial intelligence systems (AI systems) can be easily deployed in multiple sectors of the economy and society, including cross border, and circulate throughout the Union. Certain Member States have already explored the adoption of national rules to ensure that artificial intelligence is safe and is developed and used in compliance with fundamental rights obligations. Differing national rules may lead to fragmentation of the internal market and decrease legal certainty for operators that develop or use AI systems. A consistent and high level of protection throughout the Union should therefore be ensured, while divergences hampering the free circulation of AI systems and related products and services within the internal market should be prevented, by laying down uniform obligations for operators and guaranteeing the uniform protection of overriding reasons of public interest and of rights of persons throughout the internal market based on Article 114 of the Treaty on the Functioning of the European Union (TFEU). To the extent that this Regulation contains specific rules on the protection of individuals with regard to the processing of personal data concerning restrictions of the use of AI systems for ‘real-time’ remote biometric identification in publicly accessible spaces for the purpose of law enforcement, it is appropriate to base this Regulation, in as far as those specific rules are concerned, on Article 16 of the TFEU. In light of those specific rules and the recourse to Article 16 TFEU, it is appropriate to consult the European Data Protection Board.
Amendment 334 #
2021/0106(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) At the same time, depending on the circumstances regarding its specific application and use, artificial intelligence may generate risks and cause harm to public interests and rights that are protected by Union law. Such harm might be material or immaterial. , whether individual, societal, environmental, economic, or to the rule of law and democracy. Such harm might be material or immaterial. Harm should be understood as injury or damage to the life, health, physical integrity and the property of a natural or legal person, economic harm to individuals, damage to their environment, security and other aspects defined in the scope of New Approach directives, complemented by collective harms such as harm to society, the democratic process and the environment, or going against core ethical principles. Immaterial harms should be understood as meaning harm as a result of which the affected person suffers considerable detriment, an objective and demonstrable impairment of his or her personal interests and an economic loss calculated having regard, for example, to annual average figures of past revenues and other relevant circumstances. Such immaterial harm can therefore consist of psychological harm, reputational harm or change in legal status. Harm can be caused (i) by single events and (ii) through exposure over time to harmful algorithmic practices, as well as (iii) through action distributed among a number of actors where the entity causing the harm is not necessarily that which uses the AI or (iv) through uses of AI which are different than intended for the given system.
Amendment 347 #
2021/0106(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) A Union legal framework laying down harmonised rules on artificial intelligence is therefore needed to foster the development, use and uptake of artificial intelligence in the internal market that at the same time mguaranteets a high level of protection of public interests, such as health and safety and the protection of fundamental rights, as recognised and protected by Union law as well as the environment, society, rule of law and democracy, economic interests and consumer protection. To achieve that objective, rules regulating the placing on the market and putting into service of certain AI systems should be laid down, thus ensuring the smooth functioning of the internal market and allowing those systems to benefit from the principle of free movement of goods and services. By laying down those rules, this Regulation supports the objective of the Union of being a global leader in the development of secure, trustworthy and ethical artificial intelligence, as stated by the European Council33 , and it ensures the protection of ethical principles, as specifically requested by the European Parliament34 . _________________ 33 European Council, Special meeting of the European Council (1 and 2 October 2020) – Conclusions, EUCO 13/20, 2020, p. 6. 34 European Parliament resolution of 20 October 2020 with recommendations to the Commission on a framework of ethical aspects of artificial intelligence, robotics and related technologies, 2020/2012(INL).
Amendment 362 #
2021/0106(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The notion of AI system should be clearly defined to ensure legal certainty, while providing the flexibility to accommodate future technological developments. The definition should be based on the key functional characteristics of the softwareystem, in particular the ability, for a given set of human-defined objectives, to generate outputs such as content, predictions, recommendations, or decisions which influence the environment with which the system interacts, be it in a physical or digital dimension. AI systems can be designed to operate with varying levels of autonomy and be used on a stand- alone basis or as a component of a product, irrespective of whether the system is physically integrated into the product (embedded) or serve the functionality of the product without being integrated therein (non-embedded). The definition of AI system should be complemented by a list of specific techniques and approaches used for its development, which should be kept up-to–date in the light of market and technological developments through the adoption of delegated acts by the Commission to amend that list.
Amendment 370 #
2021/0106(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The notion of biometric data used in this Regulation is in line with and should be interpreted consistently with the notion of biometric data as defined in Article 4(14) of Regulation (EU) 2016/679 of the European Parliament and of the Council35 , Article 3(18) of Regulation (EU) 2018/1725 of the European Parliament and of the Council36 and Article 3(13) of Directive (EU) 2016/680 of the European Parliament and of the Council37 . The notion of “biometrics-based data” is broader, covering situations where the data in question may not, of itself, confirm the unique identification of an individual. _________________ 35 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1). 36 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39) 37 Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (Law Enforcement Directive) (OJ L 119, 4.5.2016, p. 89).
Amendment 378 #
2021/0106(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The notion of remote biometric identification system as used in this Regulation should be defined functionally, as an AI system intended for the identification of natural persons at a distance through the comparison of a person’s biometric data with the biometric data contained in a reference database, and without prior knowledge whether the targeted person will be present and can be identified, irrespectively of the particular technology, processes or types of biometric data used. Considering their different characteristics and manners in which they are used, as well as the different risks involved, a distinction should be made between ‘real-time’ and ‘post’ rirrespectively of the particular technology, processes or types of biometric data used. The notion of ‘at a distance’ in Remote bBiometric iIdentification systems. In(RBI) means the cause of ‘real-time’ systems, the capturing of the biometric data, the comparison and the identification occur all instantaneously, near-instantaneously or in any event without a significant delay. In this regard, there should be no scope for circumventing the rules of this Regulation on the ‘real-time’ use of the AI systems in question by providing for minor delays. ‘Real-time’ systems involve the use of ‘live’ or ‘near-‘live’ material, such as video footage, generated by a camera or osystems as described in Article 3(36), at a distance great enough that the system has the capacity to scan multiple persons in its field of view (or the equivalent generalised scanning of online / virtual spaces), which would mean that the identification could happen without one or more of ther device with similar functionality. In the ata subjects’ knowledge. Because of ‘post’ systems, in contrast, the biometric data have already been capturRBI relates to how a system is designed and installed, and the comparison and identification occur only after a significant delay. This involves material, such as pictures or video footage generated by closed circuit television cameras or private devices, which has been generated before the usnot solely to whether or not data subjects have consented, this definition applies even when warning notices are placed in the location that is under the surveillance of the RBI system in respect of the natural persons concerned, and is not de facto annulled by pre-enrolment.
Amendment 380 #
2021/0106(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) For the purposes of this Regulation the notion of publicly accessible physical or virtual space should be understood as referring to any physical or virtual place that is accessible to the public, on a temporary or permanent basis, irrespective of whether the place in question is privately or publicly owned. Therefore, the notion does not covers places that are both private in nature, used for private purposes only, accessed completely voluntarily and normally not freely accessible for third parties, including law enforcement authorities, unless those parties have been specifically invited or authorised, such as homes, private clubs, offices, warehouses and factories. Online spaces are not covered either, as they are not physical space and private clubs. However, the mere fact that certain conditions for accessing a particular space may apply, such as admission tickets or age restrictions, does not mean that the space is not publicly accessible within the meaning of this Regulation. Consequently, in addition to public spaces such as streets, relevant parts of government buildings and most transport infrastructure, spaces such as cinemas, theatres, shops and shopping centrports grounds, virtual gaming environments, schools, universities, hospitals, amusement parks, festivals, shops and shopping centres, offices, warehouses and factories are normally also publicly accessible. Whether a given space is accessible to the public should however be determined on a case- by-case basis, having regard to the specificities of the individual situation at hand.
Amendment 385 #
2021/0106(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9 a) In order to ensure the rights of individuals and groups, and the growth of trustworthy AI, certain principles should be guaranteed across all AI systems, such as transparency, the right to an explanation and the right to object to a decision. This requires that discrimination, and detrimental power and information imbalances be prevented, control and oversight guaranteed, and that compliance is demonstrable and subject to ongoing monitoring. Decision- making by, or supported by, AI systems, should be subject to specific transparency rules, as regards the logic and parameters on which decisions are made.
Amendment 386 #
2021/0106(COD)
Proposal for a regulation
Recital 9 b (new)
Recital 9 b (new)
(9 b) Requirements on transparency and on the explicability of AI decision-making should contribute to countering the deterrent effects of digital asymmetry, power and information imbalance, and so-called ‘dark patterns’ targeting individuals and their informed consent.
Amendment 387 #
2021/0106(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) In order to ensure a level playing field and an effective protection of rights and freedoms of individuals across the Union, the rules established by this Regulation should apply to providers of AI systems in a non-discriminatory manner, irrespective of whether they are established within the Union or in a third country, and to usdeployers of AI systems established within the Union. This Regulation and the rules it establishes should take into account different development and business models and the fact that standard implementations, or Free and Open Source software development and licensing models might entail less knowledge about and little to no control over further use, modification, and deployment within an AI system.
Amendment 392 #
2021/0106(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) In light of their digital nature, certain AI systems should fall within the scope of this Regulation even when they are neither placed on the market, nor put into service, nor used in the Union. This is the case for example of an operator established in the Union that contracts certain services to an operator established outside the Union in relation to an activity to be performed by an AI system that would qualify as high-risk and whose effects impact natural persons located in the Union. In those circumstances, the AI system used by the operator outside the Union could process data lawfully collected in and transferred from the Union, and provide to the contracting operator in the Union the output of that AI system resulting from that processing, without that AI system being placed on the market, put into service or used in the Union. To prevent the circumvention of this Regulation and to ensure an effective protection of natural persons located in the Union, this Regulation should also apply to providers and usdeployers of AI systems that are established in a third country, to the extent the output produced by those systems is used in the Union. Nonetheless, to take into account existing arrangements and special needs for cooperation with foreign partners with whom information and evidence is exchanged, this Regulation should not apply to public authorities of a third country and international organisations when acting in the framework of international agreements concluded at national or European level for law enforcement and judicial cooperation with the Union or with its Member States. Such agreements have been concluded bilaterally between Member States and third countries or between the European Union, Europol and other EU agencies and third countries and international organisations or affects people in the Union.
Amendment 397 #
2021/0106(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) This Regulation should also apply to Union institutions, offices, bodies and agencies when acting as a provider or user of an AI system. AI systems exclusively developed or used for military purposes should be excluded from the scope of this Regulation where that use falls under the exclusive remit of the Common Foreign and Security Policy regulated under Title V of the Treaty on the European Union (TEU)deployer of an AI system. This Regulation should be without prejudice to the provisions regarding the liability of intermediary service providers set out in Directive 2000/31/EC of the European Parliament and of the Council [as amended by the Digital Services Act].
Amendment 408 #
2021/0106(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) In order to ensure a consistent and high level of protection of public interests as regards health, safety, and fundamental rights, as well as the environment, society, rule of law and democracy, economic interests and consumer protection, common normative standards for all high- risk AI systems should be established. Those standards should be consistent with the Charter of fFundamental rRights of the European Union (the Charter) and should be non-discriminatory and in line with the Union’s international trade commitments.
Amendment 411 #
2021/0106(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13 a) AI systems and related ICT technology require significant natural resources, contribute to waste production, and have a significant overall impact on the environment. It is appropriate to design and develop in particular high-risk AI systems with methods and capabilities that measure, record, and reduce resource use and waste production, as well as energy use, and that increase their overall efficiency throughout their entire lifecycle. The Commission, the Member States and the European AI Board should contribute to these efforts by issuing guidelines and providing support to providers and deployers.
Amendment 415 #
2021/0106(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Aside from the many beneficial uses of artificial intelligence, that technologyI systems can also be misused and provide novel and powerful tools for manipulative, exploitative and social control practices. Such practices are particularly harmful and should be prohibited because they contradict Union values of respect for human dignity, freedom, equality, democracy and the rule of law and Union fundamental rights, including the right to non-discrimination, data protection and privacy and the rights of the child. All uses of AI systems which interfere with the essence of the fundamental rights of individuals should in any case be prohibited. The prohibitions listed in this Regulation should apply notwithstanding existing Union law and do not provide a new legal basis for the development placing on the market, deployment or use of AI systems. To keep up with rapid technological development and to ensure future-proof regulation, the Commission should keep the list of prohibited and high-risk AI systems under constant review.
Amendment 420 #
2021/0106(COD)
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15 a) The European Union and its Member States as signatories to the United Nations Convention on the Rights of Persons with Disabilities (CRPD) are obliged to protect persons with disabilities from discrimination and to promote their equality. They are obliged to ensure that persons with disabilities have access, on an equal basis with others, to information and communications technologies and systems and to ensure respect for the fundamental rights, including that of privacy, of persons with disabilities.
Amendment 423 #
2021/0106(COD)
Proposal for a regulation
Recital 15 b (new)
Recital 15 b (new)
(15 b) Providers of AI systems should ensure that these systems are designed in accordance with the accessibility requirements set out in Directive (EU) 2019/882 and guarantee full, equal, and unrestricted access for everyone potentially affected by or using AI systems, including persons with disabilities.
Amendment 425 #
2021/0106(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The placing on the market, putting into service or use of certain AI systems intended towith the effect or likely effect of distorting human behaviour, whereby physical, economic or psychological harms to individuals or society are likely to occur, should be forbidden. SuchThis includes AI systems that deploy subliminal components that individuals cannot perceive or exploit vulnerabilities of children and people due to their age, physical or mental incapacities. They do so with the intention tomay not be able to perceive or understand, or exploit vulnerabilities of individuals. They materially distort the behaviour of a person and, including in a manner that causes or is likely to cause harm to that or another person. The intenphysical, psychological or economic harm to that or another person, or to society, or lead them to make decisions they would not otherwise have taken. Manipulation may not be presumed if the distortion of human behaviour clearly results from factors external to the AI system which are outside of the control of the provider or the user and are not reasonably foreseeable at or during the deployment of the AI system. Research for legitimate purposes in relation to such AI systems should not be stiflunduly limited by the prohibition, if such research does not amount to use of the AI system in non-supervised human- machine relations that exposes natural persons to harm and such research is carried out in accordance with recognised ethical standards for scientific research. If necessary, further flexibilities in order to foster research, and thereby European innovation capacities, should be introduced by Member States under controlled circumstances only and with all relevant safeguards to protect health and safety, fundamental rights, environment, society, rule of law and democracy.
Amendment 435 #
2021/0106(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) AI systems providing social scoring of natural persons for general purpose by public authorities or on their behalfthat evaluate, classify, rate or score the trustworthiness or social standing of natural persons may lead to discriminatory outcomes and the exclusion of certain groups. They may violate the right to dignity and non-discrimination and the values of equality and justice. Such AI systems evaluate or classify the trustworthiness or social standing of natural persons based on multiple data points related to their social behaviour in multiple contexts or known, inferred or predicted personal or personality characteristics. The social score obtained from such AI systems may lead to the detrimental or unfavourable treatment of natural persons or whole groups thereof in social contexts, which are unrelated to the context in which the data was originally generated or collected or to a detrimental treatment that is disproportionate or unjustified to the gravity of their social behaviour. Such AI systems should be therefore prohibited.
Amendment 438 #
2021/0106(COD)
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17 a) The placing on the market, putting into service or use of certain AI systems that can be used or foreseeably misused for intrusive monitoring and flagging to identify or deter rule-breaking or fraud should be forbidden. The use of such intrusive monitoring and flagging in a relationship of power, such as the use of e-proctoring software by education institutions to monitor students and pupils, or the use of surveillance- or monitoring software by employers on workers poses an unacceptable risk to the fundamental rights of workers, students and pupils, including minors. Notably, these practices affect the right to private life, data protection and human dignity of students and pupils, including minors.
Amendment 444 #
2021/0106(COD)
Proposal for a regulation
Recital 17 b (new)
Recital 17 b (new)
Amendment 445 #
2021/0106(COD)
Proposal for a regulation
Recital 17 c (new)
Recital 17 c (new)
(17 c) Similarly, ostensible truth- detection technologies, such as polygraphs, have a long and unsuccessful history of abuse, misselling, miscarriages of justice and failure. The problems underlying these failures are exacerbated in the field of migration, which thusfar has been tarnished by new failings due to, inter alia to incorrect cultural assumptions. Such technologies therefore cannot be used while protecting the essence of all relevant fundamental rights.
Amendment 449 #
2021/0106(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) The use of AI systems for ‘real- time’ remote biometric identification of natural persons in publicly accessible spaces for the purpose of law enforcement is consideredis particularly intrucorrosive into the rights and freedoms of the concerned persons, to the extent that it ma and can ultimately affect the private life of a large part of the population, evoke a feeling of constant surveillanceleave society with a justifiable feeling of constant surveillance, give parties deploying biometric identification in publicly accessible spaces a position of uncontrollable power and indirectly dissuade individuals from the exercise of their freedom of assembly and other fundamental rights. In addition, the immediacy of the impact and the limited opportunities for further checks or corrections in relation to the use of such systems operating in ‘real-time’ carry heightened risks for the rights and freedoms of the persons that are concerned by law enforcement activities at the core to the Rule of Law. Biometric identification not carried out in real time carries different but equally problematic risks. Due to the increase in pervasiveness, functionality and memory capacities of relevant devices, this would amount to a "surveillance time machine", which could be used to track movements and social interactions stretching back an indeterminate period into the past.
Amendment 459 #
2021/0106(COD)
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18 a) The use of data collected or generated by practices prohibited under this Regulation should also be prohibited. Within the framework of judicial and administrative proceedings, the responsible authorities should establish that data collected or generated by practices prohibited under this regulation should not be admissible.
Amendment 470 #
2021/0106(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The use of thoseAI systems for the purpose of law enforcement should therefore be prohibited, except in three exhaustively listed and narrowly defined situations, where the use is strictly necessary to achieve a substantial public interest, the importance of which outweighs the risks. Those situations involve the search for potential victims of crime, including missing children; certain threats to the life or physical safety of natural persons or of a terrorist attack; and the detection, localisation, identification or prosecution of perpetrators or suspects of the criminal offences referred to in Council Framework Decision 2002/584/JHA38 if those criminal offences are punishable in the Member State concerned by a custodial sentence or a detention order for a maximum period of at least three years and as they are defined in the law of that Member State. Such threshold for the custodial sentence or detention order in accordance with national law contributes to ensure that the offence should be serious enough to potentially justify the use of ‘real-time’ remote biometric identification systems. Moreover, of the 32 criminal offences listed in the Council Framework Decision 2002/584/JHA, some are in practice likely to be more relevant than others, in that the recourse to ‘real-time’ remote biometric identification will foreseeably be necessary and proportionate to highly varying degrees for the practical pursuit of the detection, localisation, identification or prosecution of a perpetrator or suspect of the different criminal offences listed and having regard to the likely differences in the seriousness, probability and scale of the harm or possible negative consequences. _________________ 38 Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ L 190, 18.7.2002, p. 1).remote biometric identification of individuals should therefore be prohibited
Amendment 476 #
2021/0106(COD)
Proposal for a regulation
Recital 20
Recital 20
Amendment 484 #
2021/0106(COD)
Proposal for a regulation
Recital 21
Recital 21
Amendment 492 #
2021/0106(COD)
Proposal for a regulation
Recital 22
Recital 22
Amendment 502 #
2021/0106(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The use of AI systems for ‘real- time’ remote biometric identification of natural persons in publicly accessible spaces for the purpose of law enforcement necessarily involves the processing of biometric and biometrics- based data. The rules of this Regulation that prohibit, subject to certain exceptions, such use, which are based on Article 16 TFEU, should apply as lex specialis in respect of the rules on the processing of biometric data contained in Article 10 of Directive (EU) 2016/680, thus regulating such use and the processing of biometric data involved in an exhaustive manner. Therefore, such use and processing should only be possible in as far as it is compatible with the framework set by this Regulation, without there being scope, outside that framework, for the competent authorities, where they act for purpose of law enforcement, to use such systems and process such data in connection thereto on the grounds listed in Article 10 of Directive (EU) 2016/680. In this context and Article 9 of Regulation 2016/679, thius Rregulation is not intended to provide the legal basis for the processing of personal data under Article 8 of Directive 2016/680. However, the use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for purposes other than law enforcement, including by competent authorities, should not be covered by the specific framework regarding such use for the purpose of law enforcement set by this Regulation. Such use for purposes other than law enforcement should therefore not be subject to the requirement of an authorisation under this Regulation and the applicable detailed rules of national law that may give effect to itng such use and the processing of biometric data involved in an exhaustive manner.
Amendment 513 #
2021/0106(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Any processing of biometric data, biometrics-based data and other personal data involved in the use of AI systems for biometric identification, other than in connection to the use of ‘real- time’ remote biometric identification systems in publicly accessible spaces for the purpose of law enforcement as regulated by this Regulation, including where those systems are used by competent authorities in publicly accessible spaces for other purposes than law enforcementas regulated by this Regulation, should continue to comply with all requirements resulting from Article 9(1) of Regulation (EU) 2016/679, Article 10(1) of Regulation (EU) 2018/1725 and Article 10 of Directive (EU) 2016/680, as applicable.
Amendment 519 #
2021/0106(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) High-risk AI systems should only be placed on the Union market or put into service if they comply with certain mandatory requirements. Those requirements should ensure that high-risk AI systems available in the Union or whose output is otherwise used in the Union do not pose unacceptable risks to important Union public interests as recognised and protected by Union law. AI systems identified as high-risk should be limited to thoseclassified as such when thatey have a significant harmful impact on the health, safety, economic status and fundamental rights of personindividuals in the Union, and such limitation minimises any potential restriction to international traalso on the environment, society, rule of law, democracy or consumer protection. Given the rapid path of technological development, but also given the potential changes in the use and the aim of authorised AI systems, regardless of whether they are high-risk or lower risk, the limited list of high-risk systems and areas of high risk systems in Annex III should nonetheless be subject to permanent review through the exercise of regular assessment as provide,d if anyn Title III of this Regulation.
Amendment 530 #
2021/0106(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) AI systems could produce adverse outcomes to health and safety ofhave an adverse impact on persons, in particular when such systems operate as components of products. Consistently with the objectives of Union harmonisation legislation to facilitate the free movement of products in the internal market and to ensure that only safe and otherwise compliant products find their way into the market, it is important that the safety risks that may be generated by a product as a whole due to its digital components, including AI systems, are duly prevented and mitigated. For instance, increasingly autonomous robots, whether in the context of manufacturing or personal assistance and care should be able to safely operate and performs their functions in complex environments. Similarly, in the health sector where the stakes for life and health are particularly high, increasingly sophisticated diagnostics systems and systems supporting human decisions should be reliable and accurate. The extent of the adverse impact caused by the AI system on the fundamental rights protected by the Charter is of particular relevance when classifying an AI system as high-risk. Those rights include the right to human dignity, respect for private and family life, protection of personal data, freedom of expression and information, freedom of assembly and of association, and non- discrimination, consumer protection, workers’ rights, rights of persons with disabilities, right to an effective remedy and to a fair trial, right of defence and the presumption of innocence, right to good administration. In addition to those rights, it is important to highlight that children have specific rights as enshrined in Article 24 of the EU Charter and in the United Nations Convention on the Rights of the Child (further elaborated in the UNCRC General Comment No. 25 as regards the digital environment), both of which require consideration of the children’s vulnerabilities and provision of such protection and care as necessary for their well-being. The fundamental right to a high level of environmental protection enshrined in the Charter and implemented in Union policies should also be considered when assessing the severity of the harm that an AI system can cause, including in relation to the health and safety of persons.
Amendment 531 #
2021/0106(COD)
Proposal for a regulation
Recital 28 a (new)
Recital 28 a (new)
(28 a) The risk-assessment of AI systems as regards their environmental impact and use of resources should not only focus on sectors related to the protection of the environment, but be common to all sectors, as environmental impacts can stem from any kind of AI systems, including those not originally directly related to the protection of the environment, in terms of energy production and distribution, waste management and emissions control.
Amendment 539 #
2021/0106(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) As regards stand-alone AI systems, meaning high-risk AI systems other than those that are safety components of products, or which are themselves products, it is appropriate to classify them as high-risk if, in the light of their intended purpose, they pose a hsighnificant risk of harm to the health and safety or the fundamental rights of persons, as well as the environment, society, rule of law, democracy, economic interests and consumer protection, taking into account both the severity of the possible harm and its probability of occurrence and they are used in a number of specifically pre- defined areas specified in the Regulation. The identification of those systems is based on the same methodology and criteria envisaged also for any future amendments of the list of high-risk AI systems. Such classification should take place before the placing onto the market but also during the life-cycle of an AI system.
Amendment 551 #
2021/0106(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) Technical inaccuracies of, as well as conscious or subconscious design decisions, and the use of training data which codify and reinforce structural inequalities, mean that AI systems intended for the remote biometric identification of natural persons can lead to biased results and entail discriminatory effects. This is particularly relevant when it comes to age, ethnicity, sex or disabilities. ThereforeAs a result, ‘real-time’ and ‘post’ remote biometric identification systems should be classified as high-risk. In view of the risks that they pose, both types of remote biometric identification systems should be subject to specific requirements on logging capabilities and human oversightundermine the essence of fundamental rights and therefore must be prohibited.
Amendment 552 #
2021/0106(COD)
Proposal for a regulation
Recital 33 a (new)
Recital 33 a (new)
(33 a) Human oversight should target high-risk AI systems as a priority, with the aim of serving human-centric objectives. The individuals to whom human oversight is assigned shall be provided with adequate education and training on the functioning of the application, its capabilities to influence or make decisions, and to have harmful effects, notably on fundamental rights. The persons in charge of the assignment of these individuals shall provide them with relevant staff and psychological support.
Amendment 557 #
2021/0106(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) AI systems used in education or vocational training, notably for determining access or assigning persons to educational and vocational training institutions or to evaluate persons on tests as part of or as a precondition for their education should be considered high-risk, since they may determine the educational and professional course of a person’s life and therefore affect their ability to secure their livelihood. When improperly designed and used, such systems mayAI systems that are designed to constantly monitor individuals are particuarly intrusive and violate the right to education and training as well as, the right not to be discriminated against and perpetuate historical patterns of discrimination and should therefore be prohibited.
Amendment 560 #
2021/0106(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) AI systems used in employment, workers management and access to self- employment, notably for theaffecting the initiation, establishment, implementation and termination of an employment relationship, including AI systems intended to support collective legal and regulatory matters should be high risk. Particularly AI affecting recruitment and selection of persons, for making decisions on promotion and termination and for task allocation, monitoring for measuring and monitoring of performance or for evaluation of persons in work-related contractual relationships, should also be classified as high-risk, since those systems may appreciably impact future career prospects and livelihoods of these persons. AI systems used for constant monitoring of workers pose an unacceptable risk to their fundamental rights, and should be therefore prohibited. Relevant work-related contractual relationships should meaningfully involve employees and persons providing services through platforms as referred to in the Commission Work Programme 2021. Such persons should in principle not be considered users within the meaning of this Regulation. Throughout the recruitment process and in the evaluation, promotion, or retention of persons in work-related contractual relationships, such systems may perpetuate historical patterns of discrimination, for example against women, certain age groups, persons with disabilities, or persons of certain racial or ethnic origins or sexual orientation. AI systems used to monitor the performance and behaviour of these persons may also impact their rights to data protection and privacyundermine the essence of their fundamental rights to data protection and privacy. This Regulation applies without prejudice to Union and Member State competences to provide for more specific rules for the use of AI- systems in the employment context.
Amendment 571 #
2021/0106(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) Another area in which the use of AI systems deserves special consideration is the access to and enjoyment of certain essential private and public services and benefits necessary for people to fully participate in society or to improve one’s standard of living. In particular, AI systems used to evaluate the credit score or creditworthiness of natural persons should be classified as high-risk AI systemsprohibited, since they determine those persons’ access to financial resources or essential services such as housing, electricity, and telecommunication services. AI systems used for this purpose may lead to an unacceptably high risk of discrimination ofagainst persons or groups and perpetuate historical patterns of discrimination, for example based on racial or ethnic origins, disabilities, age, sexual orientation, or create new forms of discriminatory impacts. Considering the very limited scale of the impact and the available alternatives on the market, it is appropriate to exempt AI systems for the purpose of creditworthiness assessment and credit scoring when put into service by small-scale providers for their own use. Natural persons applying for or receiving public assistance benefits and services from public authorities are typically dependent on those benefits and services and in a vulnerable position in relation to the responsible authorities. If AI systems are used for determining whether such benefits and services should be denied, reduced, revoked or reclaimed by authorities, they may have a significant impact on persons’ livelihood and may infringe their fundamental rights, such as the right to social protection, non- discrimination, human dignity or an effective remedy. Those systems should therefore be classified as high-riskprohibited. Nonetheless, this Regulation should not hamper the development and use of innovative approaches in the public administration, which would stand to benefit from a wider use of compliant and safe AI systems, provided that those systems do not entail a high risk to legal and natural persons. Finally, AI systems used to dispatch or establish priority in the dispatching of emergency first response services should also be classified as high- risk since they make decisions in very critical situations for the life and health of persons and their property.
Amendment 578 #
2021/0106(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) Actions by law enforcement authorities involving certain uses of AI systems are characterised by a significant degree of power imbalance and may lead to surveillance, arrest or deprivation of a natural person’s liberty as well as other adverse impacts on fundamental rights guaranteed in the Charter. In particular, if the AI system is not trained with high quality data, does not meet adequate requirements in terms of its accuracy or robustness, or is not properly designed and tested before being put on the market or otherwise put into service, it may single out people in a discriminatory or otherwise incorrect or unjust manner. Furthermore, the exercise of important procedural fundamental rights, such as the right to an effective remedy and to a fair trial as well as the right of defence and the presumption of innocence, could be hampered, in particular, where such AI systems are not sufficiently transparent, explainable and documented. It is therefore appropriate to classify as high-risk a number of AI systems intended to be used In addition, some applications, such as to make predictions, profiles, or risk assessments based on data analysis or profiling of groups or individuals for the purpose of predicting the law enforcement context where accuracy, reliability and transparency is particularly important to avoid adverse impacts, retain public trust and ensure accountability and effective redress. In view of the nature of the activities in question and the risks relating thereto, those high-risk AI systems should include in particular AI systems intended to be used by law enforcement authorities for individual risk assessments, polygraphs and similar tools or to detect thoccurrence or recurrence of actual or potential offences or rule- breaking undermine the essence of fundamental rights and should be prohibited. Furthermore, the exercise of important procedural fundamental rights, such as the right to an effective remotional state of natural person, to detect ‘deep fakes’, for the evaluation of the reliability of evidence in criminal proceedings, for predicting the occurrence or reoccurrence of an actual or potential criminal offence based on profiling of natural persons, or assessing personality traits and characteristics or past criminal behaviour of natural persons or groups, for profilingedy and to a fair trial as well as the right of defence and the presumption of innocence, could be hampered, in particular, where such AI systems are not sufficiently transparent, explainable and documented. It ins the course of detection, investigation or prosecution of criminal offences, as well as for crime analytics regarding natural persons. AI systems specifically intended to be used for administrative proceedings by tax and customs authorities should not be considered high-risk AI systems used by law enforcement authorities for the purposes of prevention, detection, investigation and prosecution of criminal offencerefore appropriate to classify as prohibited a number of AI systems intended to be used in the law enforcement context as well as for crime analytics regarding natural persons.
Amendment 589 #
2021/0106(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) AI systems used in migration, asylum and border control management affect people who are often in a particularly vulnerable position and who are dependent on the outcome of the actions of the competent public authorities. The accuracy, non-discriminatory nature and transparency of the AI systems used in those contexts are therefore particularly important to guarantee the respect of the fundamental rights of the affected persons, notably their rights to free movement, non- discrimination, protection of private life and personal data, international protection and good administration. It is therefore appropriate to classify as high-risk AI systems intended to be used by the competent public authorities charged with tasks in the fields of migration, asylum and border control management as polygraphs and similar tools or to detect the emotional state of a natural person; for assessing certain risks posed by natural persons entering the territory of a Member State or applying for visa or asylum; for verifying the authenticity of the relevant documents of natural persons; for assisting competent public authorities for the examination of applications for asylum, visa and residence permits and associated complaints with regard to the objective to establish the eligibility of the natural persons applying for a status. AI systems in the area of migration, asylum and border control management covered by this Regulation should comply with the relevant procedural requirements set by the Directive 2013/32/EU of the European Parliament and of the Council49 , the Regulation (EC) No 810/2009 of the European Parliament and of the Council50 and other relevant legislation. _________________ 49 Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (OJ L 180, 29.6.2013, p. 60). 50 Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code) (OJ L 243, 15.9.2009, p. 1).
Amendment 591 #
2021/0106(COD)
Proposal for a regulation
Recital 39 a (new)
Recital 39 a (new)
(39 a) The use of AI systems in migration, asylum and border control management should in no circumstances be used by Member States or European Union institutions as a means to circumvent their international obligations under the Convention of 28 July 1951 relating to the Status of Refugees as amended by the Protocol of 31 January 1967, nor should they be used to in any way infringe on the principle of non- refoulement, or or deny safe and effective legal avenues into the territory of the Union, including the right to international protection;
Amendment 596 #
2021/0106(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) Certain AI systems intended for the administration of justice and democratic processes should be classified as high-risk, considering their potentially significant impact on democracy, rule of law, individual freedoms as well as the right to an effective remedy and to a fair trial. The use of Artificial Intelligence tools can support, but should not interfere with the decision-making power of judges or judicial independence, as the final decision-making must remain a human- driven activity and decision. In particular, to address the risks of potential biases, errors and opacity, it is appropriate to qualify as high-risk AI systems intended to assist judicial authorities in researching and interpreting facts and the law and in applying the law to a concrete set of facts. Such qualification should not extend, however, to AI systems intended for purely ancillary administrative activities that do not affect the actual administration of justice in individual cases, such as anonymisation or pseudonymisation of judicial decisions, documents or data, communication between personnel, administrative tasks or allocation of resources.
Amendment 603 #
2021/0106(COD)
Proposal for a regulation
Recital 40 a (new)
Recital 40 a (new)
(40 a) Certain AI-systems used in the area of healthcare that are not covered by Regulation (EU) 2017/745 (Regulation on Medical Devices) should be high-risk. Uses such as software impacting diagnostics, treatments or medical prescriptions and access to health insurance can clearly impact health and safety, but also can also obstruct access to health services, impact the right to health care and cause physical harm in the long run.
Amendment 607 #
2021/0106(COD)
Proposal for a regulation
Recital 40 b (new)
Recital 40 b (new)
(40 b) Certain AI-systems used in the area of media, particularly in the area of social media, due to their potentially large reach and the specific risk of large scale spread of disinformation and exacerbation of societal polarisation should be high-risk due to their potential impact on individuals’ rights, but also on society and democracy at large.
Amendment 610 #
2021/0106(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) The fact that an AI system is classified as high risk under this Regulation should not be interpreted as indicating that the use of the system is necessarily lawful under other acts of Union law or under national law compatible with Union law, such as on the protection of personal data, on the use of polygraphs and similar tools or other systems to detect the emotional state of natural persons. Any such use should continue to occur solely in accordance with the applicable requirements resulting from the Charter and from the applicable acts of secondary Union law and national law. This Regulation should not be understood as providing for the legal ground for processing of personal data, including special categories of personal data, where relevant.
Amendment 615 #
2021/0106(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) To mitigate the risks from high-risk AI systems placed or otherwise put into service on the Union market for usdeployers and affected personAI subjects, certain mandatory requirements should apply, taking into account the intended purpose of the , the potential or reasonably foreseeable use or misuse of the system, and according toshould be in accordance with the risk management system to be established by the provider.
Amendment 618 #
2021/0106(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) Requirements should apply to high- risk AI systems as regards the quality and relevance of data sets used, technical documentation and record-keeping, transparency and the provision of information to users, human oversight, and robustness, accuracy and cybersecurity. Those requirements are necessary to effectively mitigate the risks for health, safety and fundamental rights, as applicable in the light of the intended purpowell as the environment, society, rule of law, democracy, economic interests and consumer protection, as applicable in the light of the intended purpose, the potential or reasonably foreseeable use or misuse of the system, and no other less trade restrictive measures are reasonably available, thus avoiding unjustified restrictions to trade.
Amendment 628 #
2021/0106(COD)
(44) High data quality is essential for the performance of many AI systems, especially when techniques involving the training of models are used, with a view to ensure that the high-risk AI system performs as intended and safely and it does not become thea source of discrimination prohibited by Union law. High quality training, validation and testing data sets require the implementation of appropriate data governance and management practices. Training, validation and testing data sets should be sufficiently relevant, representative and free of errors and complete, statistically complete and relevant in view of the intended purpose of the system and the context of its use. They should also have the appropriate statistical properties, including as regards the persons or groups of persons on whichin relation to whom the high- risk AI system is intended to be used. In particular, training, validation and testing data sets should take into account, to the extent requirednecessary in the light of their intended purpose, the features, characteristics or elements that are particular to the specific geographical, behavioural or functional setting or context within which the AI system is intended to be used. ISolely in order to protect the right of others from the discrimination that might result from the bias in AI systems, the providers should be able to process also special categories of personal data, as a matter of substantial public interest, in order to ensure the bias monitoring, detection and correction in relation to high- risk AI systems.
Amendment 635 #
2021/0106(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) Having information on how high- risk AI systems have been developed and how they perform throughout their lifecycle is essential to verify compliance with the requirements under this Regulation. This requires keeping records and the availability of a technical documentation, containing information which is necessary to assess the compliance of the AI system with the relevant requirements. Such information should include the general characteristics, capabilities and limitations of the system, algorithms, data, training, testing and validation processes used as well as documentation on the relevant risk management system. The technical documentation should be kept up to date throughout the entire lifecycle of the AI system.
Amendment 637 #
2021/0106(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) To address the opacity that may make certain AI systems incomprehensible to or too complex for natural persons, a certain degree of transparency should be required for high-risk AI systems. UsDeployers should be able to interpret the system’s goals, priorities and output and use it appropriately. High-risk AI systems should therefore be accompanied by relevant documentation and instructions of use and include concise and clear information, including in relation to possible risks to fundamental rights and discrimination, where appropriate. Where individuals are passively subject to AI systems (AI subjects), information to ensure an appropriate type and degree of transparency should be made publicly available, with full respect to the privacy, personality, and related rights of subjects.
Amendment 643 #
2021/0106(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) High-risk AI systems should be designed and developed in such a way that natural persons can oversee their functioningmeaningfully oversee and regulate their functioning or investigate in case of an accident. For this purpose, appropriate human oversight measures should be identifiensured by the provider of the system before its placing on the market or putting into service. In particular, where appropriate, such measures should guarantee that the system is subject to in- built operational constraints that cannot be overridden by the system itself and is responsive to the human operator, and that the natural persons to whom human oversight has been assigned have the necessary competence, training and authority to carry out that role.
Amendment 647 #
2021/0106(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) High-risk AI systems should perform consistently throughout their lifecycle and meet an appropriate level of accuracy, robustness, reliability and cybersecurity in accordance with the generally acknowledged state of the art. The level of accuracy and accuracy metrics should be communicated to the usdeployers.
Amendment 648 #
2021/0106(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) The technical robustness is a key requirement for high-risk AI systems. They should be resilient against risks connected to the limitations of the system (e.g. errors, faults, inconsistencies, unexpected situations) as well as adequately protected against malicious actions that may compromise the security of the AI system and result in harmful or otherwise undesirable behaviour. Failure to protect against these risks could lead to safety impacts or negatively affect the fundamental rights, for example due to erroneous decisions or wrong or biased outputs generated by the AI system.
Amendment 653 #
2021/0106(COD)
Proposal for a regulation
Recital 51
Recital 51
(51) Cybersecurity plays a crucial role in ensuring that AI systems are resilient against attempts to alter their use, behaviour, performance or compromise their security properties by malicious third parties exploiting the system’s vulnerabilities. Cyberattacks against AI systems can leveratarget AI specific assets, such as training data sets (e.g. data poisoning) or trained models (e.g. adversarial attacks), or exploit vulnerabilities in the AI system’s digital assets or the underlying ICT infrastructure. To ensure a level of cybersecurity appropriate to the risks, suitable measures should therefore be taken by the providers of high-risk AI systems, also taking into account as appropriate the underlying ICT infrastructure.
Amendment 656 #
2021/0106(COD)
Proposal for a regulation
Recital 53
Recital 53
(53) It is appropriate that a specific natural or legal person, defined as the provider, takes the responsibility for the placing on the market or, putting into service or deploying of a high-risk AI system, regardless of whether that natural or legal person is the person who designed or developed the system.
Amendment 657 #
2021/0106(COD)
Proposal for a regulation
Recital 54
Recital 54
(54) The provider and, where applicable, deployer should establish a sound quality management system, ensure the accomplishment of the required conformity assessment procedure, draw up the relevant documentation and establish a robust post-market monitoring system. Public authorities which put into service high-risk AI systems for their own use may adopt and implement the rules for the quality management system as part of the quality management system adopted at a national or regional level, as appropriate, taking into account the specificities of the sector and the competences and organisation of the public authority in question. Deployers should have strategies in place to ensure that the data management, including data acquisition, data collection, data analysis, data labelling, data storage, data filtration, data mining, data aggregation, data retention and any other operation regarding the data during the deployment lifetime of high-risk AI systems, complies with applicable rules and ensure regulatory compliance, in particular regarding modifications to the high-risk AI systems.
Amendment 665 #
2021/0106(COD)
Proposal for a regulation
Recital 58
Recital 58
(58) Given the nature of AI systems and the risks to safety and fundamental rights possibly associated with their use, including as regards the need to ensure proper monitoring of the performance of an AI system in a real-life setting, it is appropriate to set specific responsibilities for users. Usdeployers. Deployers should in particular use high-risk AI systems in accordance with the instructions of use and certain other obligations should be provided for with regard to monitoring of the functioning of the AI systems and with regard to record- keeping and quality management, as appropriate.
Amendment 667 #
2021/0106(COD)
Proposal for a regulation
Recital 58 a (new)
Recital 58 a (new)
(58 a) To ensure that fundamental rights, the environment and the public interest are effectively protected where an AI- system is classified as high-risk under Annex III, both producers and deployers before each deployment should perform a fundamental rights impact assessment of the systems’ impact in the context of use throughout the entire lifecycle and include measures to mitigate any impact on fundamental rights, the environment or the public interest. The fundamental rights impact assessment should be registered in the public EU database for stand-alone high-risk AI systems and be publicly accessible. The supervisory authority should have the power to review these fundamental rights impact assessments.
Amendment 670 #
2021/0106(COD)
Proposal for a regulation
Recital 59
Recital 59
(59) It is appropriate to envisage that the usdeployer of the AI system should be the natural or legal person, public authority, agency or other body under whose authority the AI system is operated except where the use is made in the course of a personal non- professional activity.
Amendment 672 #
2021/0106(COD)
Proposal for a regulation
Recital 60
Recital 60
(60) In the light of the complexity of the artificial intelligence value chain, relevant third parties, notably the ones involved in the sale and the supply of software, software tools and components, pre-trained models and data, or providers of network services, should cooperate, as appropriate, with providers and usdeployers to enable their compliance with the obligations under this Regulation and with competent authorities established under this Regulation.
Amendment 676 #
2021/0106(COD)
Proposal for a regulation
Recital 61 a (new)
Recital 61 a (new)
(61 a) As part of the new legal framework on corporate sustainable reporting and due diligence, minimum common standards for the reporting of businesses on the societal and environmental impacts of the AI systems that they develop, sell or distribute should be established and used at an early stage of the development and life-cycle of AI systems. Such common standard obligations should notably consist of mandatory human rights due diligence rules, thus enabling a level-playing field among European businesses and non- European businesses operating in the EU.
Amendment 679 #
2021/0106(COD)
Proposal for a regulation
Recital 62
Recital 62
(62) In order to ensure a high level of trustworthiness of high-risk AI systems, those systems should be subject to a third party conformity assessment prior to their placing on the market or putting into service.
Amendment 684 #
2021/0106(COD)
Proposal for a regulation
Recital 64
Recital 64
(64) Given the more extensive experience of professional pre-market certifiers in the field of product safety and the different nature of risks involved, it is appropriate to limit, at least in an initial phase of application of this Regulation, the scope ofessential to ensure, particularly in the period before application of this Regulation, the development of adequate capacity for the application of third-party conformity assessment for high-risk AI systems other than those related to products. Therefore, the conformity assessment of such systems should be carried out as a general rule by the provider under its own responsibility, with the only exception of AI systems intended to be used for the remote biometric identification of persons, for which the involvement of a notified body in the conformity assessment should be foreseen, to the extent they are not prohibited.
Amendment 686 #
2021/0106(COD)
Proposal for a regulation
Recital 65
Recital 65
Amendment 690 #
2021/0106(COD)
Proposal for a regulation
Recital 65 a (new)
Recital 65 a (new)
(65 a) Third party conformity assessments for products listed in Annex III are essential as a precautionary measure and to ensure that trust is not lost in AI products, to the detriment of innovation, competition and growth. Due to the particularly sensitive nature of the tasks at hand, third party conformity assessments in the fields of law enforcement, asylum and immigration should be carried out by the market surveillance authority.
Amendment 694 #
2021/0106(COD)
Proposal for a regulation
Recital 66
Recital 66
(66) In line with the commonly established notion of substantial modification for products regulated by Union harmonisation legislation, it is appropriate that an AI system undergoes a new third party conformity assessment whenever a change occurs which may affect the compliance of the system with this Regulation or when the intended purpose of the system changes. In addition, as regards AI systems which continue to ‘learn’ after being placed on the market or put into service (i.e. they automatically adapt how functions are carried out), it is necessary to provide rules establishing that changes to the algorithm and its performance that have been pre-determined by the provider and assessed at the moment of the conformity assessment should not constitute a substantial modification.
Amendment 699 #
2021/0106(COD)
Proposal for a regulation
Recital 68
Recital 68
Amendment 705 #
2021/0106(COD)
Proposal for a regulation
Recital 69
Recital 69
(69) In order to facilitate the work of the Commission and the Member States in the artificial intelligence field as well as to increase the transparency towards the public, providers of high-risk AI systems other than those related to products falling within the scope of relevant existing Union harmonisation legislation,and deployers of high- risk AI systems should be required to register their high- risk AI system in a EU database, to be established and managed by the Commission. The Commission should be the controller of that database, in accordance with Regulation (EU) 2018/1725 of the European Parliament and of the Council55 . In order to ensure the full functionality of the database, when deployed, the procedure for setting the database should include the elaboration of functional specifications by the Commission and an independent audit report. _________________ 55 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
Amendment 711 #
2021/0106(COD)
Proposal for a regulation
Recital 70
Recital 70
(70) Certain AI systems intended to interact with natural persons or to generate content may pose specific risks of impersonation or deception irrespective of whether they qualify as high-risk or not. In certain circumstances, the use of these systems should therefore be subject to specific transparency obligations without prejudice to the requirements and obligations for high-risk AI systems. In particular, natural persons should be notified that they are interacting with an AI system, unless this is obvious from the circumstances and the context of use. Moreover, natural persons should be notified when they are exposed to an emotion recognition system or a biometric categorisation system. Such information and notifications should be provided in accessible formats for persons with disabilities. Further, usdeployers, who use an AI system to generate or manipulate image, audio or video content that appreciably resembles existing persons, places or events and would falsely appear to a person to be authentic, should disclose that the content has been artificially created or manipulated by labelling the artificial intelligence output accordingly and disclosing its artificial origin. Additionally, the use of an AI system to generate or manipulate image, audio or video content that appreciably resembles a natural person should be permitted only when used for freedom of expression and artistic purposes and while respecting the limits of these purposes, or with the explicit consent of that person.
Amendment 719 #
2021/0106(COD)
Proposal for a regulation
Recital 71
Recital 71
(71) Artificial intelligence is a rapidly developing family of technologies that requires novel forms of regulatory oversight andbenefits from clear rules and legal certainty, and requires regulatory oversight. In order to fulfill its potential to benefit society, a safe space for controlled experimentation, while ensuring respect for Union law and the protection of fundamental rights, can help foster responsible innovation and integration of appropriate safeguards and risk mitigation measures. To ensure a legal framework that ispromotes sustainable innovation-friendly,, is future-proof and resilient to disruption, national competent authorities from one or more Member States should be encouraged to cooperate in establishing artificial intelligence regulatory sandboxes to facilitate the development and testing of innovative AI systems under strict regulatory oversight before these systems are placed on the market or otherwise put into service.
Amendment 724 #
2021/0106(COD)
Proposal for a regulation
Recital 72
Recital 72
(72) The objectives of the regulatory sandboxes should be to foster AI innovation for the benefit of society by establishing a controlled experimentation and testing environment in the development and pre-marketing phase with a view to ensuring respect for and protection of fundamental rights, compliance of the innovative AI systems with this Regulation and other relevant Union and Member States legislation; to enhance legal certainty for innovators and the competent authorities’ oversight and understanding of the opportunities, emerging risks and the impacts of AI use, and to accelerate access to markets, including by removing barriers for small and medium enterprises (SMEs) and start-ups. To ensure uniform implementation across the Union and economies of scale, it is appropriate to establish common rules for the regulatory sandboxes’ implementation and a framework for cooperation between the relevant authorities involved in the supervision of the sandboxes. This Regulation should provide the legal basis for the use of personal dataPersonal data that had originally been collected for otherdifferent purposes for developing certain AI systems in the public interest within the AI regulatory sandbox, in line with Article 6(4) of Regulation (EU) 2016/679, and Article 6 of Regulation (EU) 2018/1725, and without prejudice to Article 4(2) of Directive (EU) 2016/680should be processed in a sandbox only under specified conditions and within the limits of Regulation (EU) 2016/679. Such further processing should be considered as for statistical purposes in the meaning of Article 5(1)(b) of that Regulation. Participants in the sandbox should ensure appropriate safeguards and cooperate with the competent authorities, including by following their guidance and acting expeditiously and in good faith to mitigate any high-risks to safety and fundamental rights that may arise during the development and experimentation in the sandbox. The conduct of the participants in the sandbox should be taken into account when competent authorities decide over the suspending or banning them from participating in the sandbox, or whether to impose an administrative fine under Article 83(2) of Regulation 2016/679 and Article 57 of Directive 2016/680. This Regulation should also provide the legal basis for the use of data protected by intellectual property or trade- secrets for developing certain AI systems in the public interest within the AI regulatory sandbox, without prejudice to Directive (EU) 2019/790 and to Directive (EU) 2016/943. The authorised use of data protected by intellectual property or trade-secrets under Article 54 of this Regulation should be covered by Article 4 of Directive (EU) 2019/790.
Amendment 732 #
2021/0106(COD)
Proposal for a regulation
Recital 73
Recital 73
(73) In order to promote and protect innovation, it is important that the interests of small-scale providers and usdeployers of AI systems are taken into particular account. To this objective, Member States should develop initiatives, which are targeted at those operators, including on awareness raising and information communication, and including the cooperation across borders. Moreover, the specific interests and needs of small-scale providers shall be taken into account when Notified Bodies set conformity assessment fees. Translation costs related to mandatory documentation and communication with authorities may constitute a significant cost for providers and other operators, notably those of a smaller scale. Member States should possibly ensure that one of the languages determined and accepted by them for relevant providers’ documentation and for communication with operators is one which is broadly understood by the largest possible number of cross-border usdeployers.
Amendment 737 #
2021/0106(COD)
Proposal for a regulation
Recital 74
Recital 74
(74) In order to minimise the risks to implementation resulting from lack of knowledge and expertise in the market as well as to facilitate compliance of providers and notified bodies with their obligations under this Regulation, the AI- on demand platform, the European Digital Innovation Hubs and the Testing and Experimentation Facilities established by the Commission and the Member States at national or EU level should possibly contribute to the implementation of this Regulation. Within their respective mission and fields of competence, they may provide in particular technical and scientific support to providers and notified bodies.
Amendment 740 #
2021/0106(COD)
Proposal for a regulation
Recital 76
Recital 76
(76) In order to facilitate a smooth, effective and harmonised implementation of this Regulation a European Artificial Intelligence Board should be established. The Board should be independent and responsible for a number of advisory and enforcement tasks, including issuing decisions, opinions, recommendations, advice or guidance on matters related to the implementation of this Regulation, including on technical specifications or existing standards regarding the requirements established in this Regulation and providing advice to and assisting the Commission on specific questions related to artificial intelligence. In order to ensure a consistent and appropriate enforcement vis-à-vis very large undertakings, the Board should be the supervisory authority for undertakings that meet the criteria of 'community dimension' as defined in Article 1(3) of Regulation 139/200 (Merger Regulation). The Board should have a secretariat with sufficient resources and expertise to be able to fulfil its role. In this respect, the secretariat should establish a European Centre of Excellence for Artificial Intelligence (ECE-AI).
Amendment 744 #
2021/0106(COD)
Proposal for a regulation
Recital 77
Recital 77
(77) Member States hold a key role in the application and enforcement of this Regulation. In this respect, each Member State should designate one or more national competent authorities for the purpose of supervising the application and implementation of this Regulation. In order to increase organisation efficiency on the side of Member States and to set an official point of contact vis-à-vis the public and other counterparts at Member State and Union levels, in each Member State one national authority should be designated as national supervisory authority. In order to avoid duplication and combine expertise and competences, this should be a supervisory authority established under Regulation (EU) 2016/679 (General Data Protection Regulation). The supervisory authorities should have sufficient investigative and corrective powers.
Amendment 748 #
2021/0106(COD)
Proposal for a regulation
Recital 78
Recital 78
(78) In order to ensure that providers of high-risk AI systems can take into account the experience on the use of high-risk AI systems for improving their systems and the design and development process or can take any possible corrective action in a timely manner, all providers should have a post-market monitoring system in place. This system is also key to ensure that the possible risks emerging from AI systems which continue to ‘learn’ after being placed on the market or put into service can be more efficiently and timely addressed. In this context, providers should also be required to have a system in place to report to the relevant authorities any serious incidents or any breaches to national and Union law, including those protecting fundamental rights and consumer rights, resulting from the use of their AI systems.
Amendment 750 #
2021/0106(COD)
Proposal for a regulation
Recital 79
Recital 79
(79) In order to ensure an appropriate and effective enforcement of the requirements and obligations set out by this Regulation, which is Union harmonisation legislation, the system of market surveillance and compliance of products established by Regulation (EU) 2019/1020 should apply in its entirety. Where necessary for their mandate, national public authorities or bodies, which supervise the application of Union law protecting fundamental rights, including equality bodies, should also have access to any documentation created under this Regulation. A reasonable suspicion of breach of fundamental rights, which may arise from a complaint from an individual or a notification of a breach submitted by a civil society organisation, should be deemed as a sufficient reason for the commencement of an evaluation of an AI system at national level.
Amendment 751 #
2021/0106(COD)
Proposal for a regulation
Recital 79 a (new)
Recital 79 a (new)
(79 a) As the rights and freedoms of individuals can be seriously undermined by AI systems, it is essential that affected individuals have meaningful access to reporting and redress mechanisms. They should be able to report infringements of this Regulation to their national supervisory authority and have the right to be heard and to be informed about the outcome of their complaint and the right to a timely decision. In addition, they should have the right to an effective remedy against competent authorities who fail to enforce these rights and the right to redress. Where applicable, deployers should provide internal complaints mechanisms to be used by affected individuals and should be liable for pecuniary and non-pecuniary damages in cases of breaches of individuals’ or groups’ rights. Collective representation of affected individuals must be possible.
Amendment 754 #
2021/0106(COD)
Proposal for a regulation
Recital 80
Recital 80
(80) Union legislation on financial services includes internal governance and risk management rules and requirements which are applicable to regulated financial institutions in the course of provision of those services, including when they make use of AI systems. In order to ensure coherent application and enforcement of the obligations under this Regulation and relevant rules and requirements of the Union financial services legislation, the authorities responsible for the supervision and enforcement of the financial services legislation, including where applicable the European Central Bank, should be designated as competent authorities for the purpose of supervising the implementation of this Regulation, including for market surveillance activities, as regards AI systems provided or used by regulated and supervised financial institutions. To further enhance the consistency between this Regulation and the rules applicable to credit institutions regulated under Directive 2013/36/EU of the European Parliament and of the Council56 , it is also appropriate to integrate the conformity assessment procedure and some of the providers’ procedural obligations in relation to risk management, post marketing monitoring and documentation into the existing obligations and procedures under Directive 2013/36/EU. In order to avoid overlaps, limited derogations should also be envisaged in relation to the quality management system of providers and the monitoring obligation placed on users of high-risk AI systems to the extent that these apply to credit institutions regulated by Directive 2013/36/EU. _________________ 56 Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC (OJ L 176, 27.6.2013, p. 338).
Amendment 760 #
2021/0106(COD)
Proposal for a regulation
Recital 81
Recital 81
(81) The development of AI systems other than high-risk AI systems in accordance with the requirements of this Regulation may lead to a larger uptake of trustworthy artificial intelligence in the Union. Providers of non-high-risk AI systems should be encouraged to create codes of conduct intended to foster the voluntary application of the mandatory requirements applicable to high-risk AI systems. Providers should also be encouraged to apply on a voluntary basis additional requirements related, for example, to energy efficiency, resource use and waste production, and environmental sustainability, accessibility to persons with disability, stakeholders’ participation in the design and development of AI systems, and diversity, equal representation and gender-balance of the development teams. The Commission may develop initiatives, including of a sectorial nature, to facilitate the lowering of technical barriers hindering cross-border exchange of data for AI development, including on data access infrastructure, semantic and technical interoperability of different types of data.
Amendment 761 #
2021/0106(COD)
Proposal for a regulation
Recital 82
Recital 82
(82) It is important that AI systems related to products that are not high-risk in accordance with this Regulation and thus are not required to comply with the requirements set out hereinfor high-risk AI systems are nevertheless safe when placed on the market or put into service. To contribute to this objective, the Directive 2001/95/EC of the European Parliament and of the Council57 would apply as a safety net. _________________ 57 Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety (OJ L 11, 15.1.2002, p. 4).
Amendment 762 #
2021/0106(COD)
Proposal for a regulation
Recital 83
Recital 83
(83) In order to ensure trustful and constructive cooperation of competent authorities on Union and national level, all parties involved in the application of this Regulation should aim for transparency and openness. Where necessary for individual cases and internal deliberations, they should also respect the confidentiality of information and data obtained in carrying out their tasks.
Amendment 771 #
2021/0106(COD)
Proposal for a regulation
Recital 85
Recital 85
(85) In order to ensure that the regulatory framework can be adapted where necessary, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to amend the techniques and approaches referred to in Annex I to define AI systems, the Union harmonisation legislation listed in Annex II, the high-risk AI systems listed in Annex III, the provisions regarding technical documentation listed in Annex IV, the content of the EU declaration of conformity in Annex V, the provisions regarding the conformity assessment procedures in Annex VI and VII and the provisions establishing the high-risk AI systems to which the conformity assessment procedure based on assessment of the quality management system and assessment of the technical documentation should apply. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making58 . These consultations should involve the participation of a balanced selection of stakeholders, including consumer organisations, associations representing affected persons, businesses representatives from different sectors and sizes, as well as researchers and scientists. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 58 OJ L 123, 12.5.2016, p. 1.
Amendment 774 #
2021/0106(COD)
Proposal for a regulation
Recital 86 a (new)
Recital 86 a (new)
(86 a) Given the rapid technological developments and the required technical expertise in conducting the assessment of high-risk AI systems, the Commission should regularly review Annex III, at least every six months, while consulting with the relevant stakeholders, including ethics experts and anthropologists, sociologists, mental health specialists and any relevant scientists and researchers.
Amendment 776 #
2021/0106(COD)
Proposal for a regulation
Recital 86 b (new)
Recital 86 b (new)
(86 b) When adopting delegated or implementing acts concerning high-risk sectors of AI development, notably those raising concerns with respect to ethical principles or entailing risks to the health or safety of humans, animals or plants, or the protection of the environment, Member States should also assume greater responsibility in the decision- making process. In particular, the abstentions of Member States representatives’ should be counted within a qualified majority, each Member State representative should give substantive reasons for votes and abstentions, each of their vote and abstention should be accompanied by a detailed justification, on the basis of Regulation XX/XX amending Regulation (EU) No 182/2011.
Amendment 777 #
2021/0106(COD)
Proposal for a regulation
Recital 87 a (new)
Recital 87 a (new)
(87 a) As reliable information on the resource and energy use, waste production and other environmental impact of AI systems and related ICT technology, including software, hardware and in particular data centres, is limited, the Commission should evaluate the impact and effectiveness of this Regulation regarding these criteria and further evaluate bringing legislation for the sector to contribute to EU climate strategy and targets.
Amendment 778 #
2021/0106(COD)
Proposal for a regulation
Recital 89
Recital 89
(89) The European Data Protection Supervisor and the European Data Protection Board were consulted in accordance with Article 42(2) of Regulation (EU) 2018/1725 and delivered an opinion on […]18.6.2021”.
Amendment 1553 #
2021/0106(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. High-risk AI systems shall comply with the requirements established in this Chapter throughout the entire lifecycle of the AI system. This includes their placing on the market as well as their deployment and use. Providers and deployers of AI systems shall ensure compliance by establishing technical and operational measures in line with this Chapter.
Amendment 1560 #
2021/0106(COD)
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1 a. Where a deployer discovers non- compliance of a high-risk AI system with this regulation during reasonably foreseeable use, the deployer shall have the right to obtain the necessary modifications from the provider to the high-risk AI system.
Amendment 1561 #
2021/0106(COD)
Proposal for a regulation
Article 8 – paragraph 1 b (new)
Article 8 – paragraph 1 b (new)
1 b. Prospective deployers of high-risk AI systems shall have certified third parties assess and confirm the conformity of the AI system and its use with this Regulation and relevant applicable Union legislation before putting it into use. The conformity certificate shall be uploaded to the database pursuant to Article 60.
Amendment 1562 #
2021/0106(COD)
Proposal for a regulation
Article 8 – paragraph 1 c (new)
Article 8 – paragraph 1 c (new)
1 c. Where personal data is processed or is expected to be processed in the use of a high-risk AI system, this shall be understood as constituting a high risk in the meaning of Article 35 of Regulation (EU) 2016/679.
Amendment 1565 #
2021/0106(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The intended purpose, the potential or reasonably foreseeable use or misuse of the high- risk AI system and the risk management system referred to in Article 9 shall be taken into account when ensuring compliance with those requirements.
Amendment 1578 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. A risk management system shall be established, implemented, documented and maintained in relation to high-risk AI systems throughout the entire lifecycle of the AI system.
Amendment 1581 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 2 – introductory part
Article 9 – paragraph 2 – introductory part
2. The risk management system shall consist of a continuous iterative process run throughout the entire lifecycle of a high-risk AI system, requiring regular systematic review and updating. It shall comprise the following steps:
Amendment 1586 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
(a) identification and analysis of the known and foreseeable risks associated with each high-risk AI system, including by means of a fundamental rights impact assessment as provided for in Article 9a;
Amendment 1596 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) estimation and evaluation of the risks that may emerge when the high-risk AI system is used in accordance with its intended purpose and under conditions of reasonably foreseeable use or misuse;
Amendment 1606 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The risk management measures referred to in paragraph 2, point (d) shall give due consideration to the effects and possible interactions resulting from the combined application of the requirements set out in this Chapter 2. They shall take into account the generally acknowledged state of the art, including as reflected in relevant harmonised standards or common specifications.
Amendment 1610 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 4 – introductory part
Article 9 – paragraph 4 – introductory part
4. The risk management measures referred to in paragraph 2, point (d) shall be such that any residual risk associated with each hazard as well as the overall residual risk of the high-risk AI systems is judged acceptable, provided that the high- risk AI system is used in accordance with its intended purpose or under conditions of reasonably foreseeable misuse. Those residual risks shall be communicated to the userand the reasoned judgements made shall be communicated to the deployer and made available to AI subjects.
Amendment 1625 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – point b
Article 9 – paragraph 4 – subparagraph 1 – point b
(b) where appropriate, implementation of adequate mitigation and control measures in relation toaddressing risks that cannot be eliminated;
Amendment 1630 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – point c
Article 9 – paragraph 4 – subparagraph 1 – point c
(c) provision of adequate information pursuant to Article 13, in particular as regards the risks referred to in paragraph 2, point (b) of this Article, and, where appropriate, training to users.deployers. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 1631 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – point c a (new)
Article 9 – paragraph 4 – subparagraph 1 – point c a (new)
(c a) the governance structures to mitigate risks.
Amendment 1632 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 2
Article 9 – paragraph 4 – subparagraph 2
In eliminating or reducing risks related to the use of the high-risk AI system, due consideration shall be given to the technical knowledge, experience, education, training to be expected by the user and the environmendeployer, to the socio-technical context in which the system is intended to be used, and to reasonably foreseeable use or misuse.
Amendment 1642 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 5
Article 9 – paragraph 5
5. High-risk AI systems shall be tested for the purposes of identifying the most appropriate risk management measures. Testing shall ensure that high-risk AI systems perform consistently for their intended purpo, safely during reasonably foreseeable conditions of use or misuse, and they are in compliance with the requirements set out in this Chapter.
Amendment 1645 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 6
Article 9 – paragraph 6
Amendment 1656 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 7
Article 9 – paragraph 7
7. The testing of the high-risk AI systems shall be performed, as appropriate, at any point in time throughout the development process, and, in any event, prior to the placing on the market or the putting into service. Testing shall be made against preliminarily defined metrics and probabilistic thresholds that are appropriate to the intended purpouse or reasonably foreseeable misuse of the high-risk AI system.
Amendment 1660 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 8
Article 9 – paragraph 8
8. When implementing the risk management system described in paragraphs 1 to 7, specific consideration shall be given to whether the high-risk AI system is likely to be accessed by or have an impact on children.:
Amendment 1662 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 8 – point a (new)
Article 9 – paragraph 8 – point a (new)
(a) adversely affect specific groups of people, in particular on the basis of gender, sexual orientation, age, ethnicity, disability, religion, socio-economic standing, religion or origin, including asylum seekers including migrants, refugees and asylum seekers;
Amendment 1663 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 8 – point b (new)
Article 9 – paragraph 8 – point b (new)
(b) have an adverse impact on the environment, or;
Amendment 1664 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 8 – point c (new)
Article 9 – paragraph 8 – point c (new)
(c) be implemented on children;
Amendment 1665 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 8 – point d (new)
Article 9 – paragraph 8 – point d (new)
(d) have an adverse effect on mental health, individual’s behaviour;
Amendment 1666 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 8 – point e (new)
Article 9 – paragraph 8 – point e (new)
(e) amplify the spread of disinformation and amplify polarisation;
Amendment 1667 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 8 – point f (new)
Article 9 – paragraph 8 – point f (new)
(f) amplify the spread of disinformation and amplify polarisation;
Amendment 1671 #
2021/0106(COD)
Proposal for a regulation
Article 9 a (new)
Article 9 a (new)
Amendment 1684 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 2 – introductory part
Article 10 – paragraph 2 – introductory part
2. Training, validation and testing data sets shall be subject to appropriate data governance and management practices. throughout the entire lifecycle of the AI system. Those practices shall concern in particular,
Amendment 1710 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point g a (new)
Article 10 – paragraph 2 – point g a (new)
(g a) verification of the legality of the sources of the data.
Amendment 1722 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Training, validation and testing data sets shall be relevant, representative, free of errors and statistically complete. They shall have the appropriate statistical properties, including, where applicable, as regards the persons or groups of persons on whichin relation to whom the high-risk AI system is intended to be used. These characteristics of the data sets may be met at the level of individual data sets or a combination thereof.
Amendment 1735 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
Amendment 1746 #
2021/0106(COD)
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Article 10 a Environmental Impact of high-risk AI systems 1. High-risk AI systems shall be designed and developed making use of state-of-the- art methods to reduce energy use, resource use and waste, as well as to increase energy efficiency, and the overall efficiency of the system. They shall be designed and developed and set up with capabilities enabling the measurement and logging of the consumption of energy and resources, and other environmental impact the deployment and use of the systems may have over their entire lifecycle. 2. Member States shall ensure that relevant national authorities issue guidelines and provide support to providers and deployers in their efforts to reduce the environmental impact and resource use of high-risk AI systems. 3. The Commission shall be empowered to adopt delegated acts in accordance with Article 73 to detail the measurement and logging procedures, taking into account state-of-the-art methods, in particular to enable the comparability of the environmental impact of systems, and taking into account the economies of scale.
Amendment 1749 #
2021/0106(COD)
Proposal for a regulation
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
1. The technical documentation of a high-risk AI system shall be drawn up before that system is placed on the market or put into service and shall be kept up-to date throughout its entire lifecycle, and where appropriate, beyond.
Amendment 1768 #
2021/0106(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. High-risk AI systems shall be designed and developed with capabilities enabling the automatic recording of events (‘logs’) while the high-risk AI systems is operating. Those logging capabilities shall conform to the state of the art and recognised standards or common specifications.
Amendment 1788 #
2021/0106(COD)
Proposal for a regulation
Article 13 – title
Article 13 – title
Transparency and provision of information to userdeployers and AI subjects
Amendment 1791 #
2021/0106(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. High-risk AI systems shall be designed and developed in such a way to ensure that their operation is sufficiently transparent to enable usdeployers to interpret the system’s output and use it appropriately. An appropriate type and degree of transparency shall be ensured, with a view to achieving compliance with the relevant obligations of the usdeployer and of the provider set out in Chapter 3 of this Title. Where individuals are passively subject to AI systems (AI subjects), information to ensure an appropriate type and degree of transparency shall be made publicly available, with full respect to the privacy, personality, and related rights of subjects.
Amendment 1794 #
2021/0106(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. High-risk AI systems shall be accompanied by instructions for use in an appropriate digital format or otherwise that include concise, statistically complete, correct and clear information that is relevant, accessible and comprehensible to usdeployers.
Amendment 1803 #
2021/0106(COD)
Proposal for a regulation
Article 13 – paragraph 3 – point b – point iii
Article 13 – paragraph 3 – point b – point iii
(iii) any known or foreseeable circumstance, related to the use of the high-risk AI system in accordance with its intended purpose or under conditions of reasonably foreseeable use or misuse, which may lead to risks to the health and, safety or, fundamental rights, the environment, or democracy;
Amendment 1806 #
2021/0106(COD)
Proposal for a regulation
Article 13 – paragraph 3 – point d
Article 13 – paragraph 3 – point d
(d) the human oversight measures referred to in Article 14, including the technical measures put in place to facilitate the interpretation of the outputs of AI systems by the usdeployers;
Amendment 1809 #
2021/0106(COD)
Proposal for a regulation
Article 13 – paragraph 3 – point e a (new)
Article 13 – paragraph 3 – point e a (new)
(e a) the level of extraction and consumption of natural resources.
Amendment 1814 #
2021/0106(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. High-risk AI systems shall be designed and developed in such a way, including with appropriate human-machine interface tools, that they can be effectively overseen by natural persons during the period in which the AI system is in use, and to allow for thorough investigation after an incident.
Amendment 1817 #
2021/0106(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Human oversight shall aim at preventing or minimising the risks to health, safety or, fundamental rights, democracy, or the environment that may emerge when a high-risk AI system is used in accordance with its intended purpose or under conditions of reasonably foreseeable use or misuse, in particular when such risks persist notwithstanding the application of other requirements set out in this Chapter.
Amendment 1821 #
2021/0106(COD)
Proposal for a regulation
Article 14 – paragraph 3 – introductory part
Article 14 – paragraph 3 – introductory part
3. Human oversight shall be ensured through either one or allboth of the following measures:
Amendment 1822 #
2021/0106(COD)
Proposal for a regulation
Article 14 – paragraph 3 – point a
Article 14 – paragraph 3 – point a
(a) measures identified and builby the provider building human oversight, when technically feasible, into the high-risk AI system by the provider before it is placed on the market or put into service;
Amendment 1824 #
2021/0106(COD)
Proposal for a regulation
Article 14 – paragraph 3 – point b
Article 14 – paragraph 3 – point b
(b) other measures identified by the provider before placing the high-risk AI system on the market or putting it into service and that are appropriate to be implemented by the userdeployer, such as user guides.
Amendment 1835 #
2021/0106(COD)
Proposal for a regulation
Article 14 – paragraph 4 – point b
Article 14 – paragraph 4 – point b
(b) remain aware of the possible tendencymitigate the risk of automatically relying or over- relying on the output produced by a high- risk AI system (‘automation bias’), in particular for high- risk AI systems used to provide information or recommendations for decisions to be taken by natural persons;
Amendment 1839 #
2021/0106(COD)
Proposal for a regulation
Article 14 – paragraph 4 – point d
Article 14 – paragraph 4 – point d
(d) be ablfree to decide, in any particular situation, not to use the high-risk AI system or otherwise disregard, override or reverse the output of the high-risk AI system;
Amendment 1842 #
2021/0106(COD)
Proposal for a regulation
Article 14 – paragraph 4 – point e
Article 14 – paragraph 4 – point e
(e) be able to intervene oin the operation of the high-risk AI system or interrupt the system through a “stop” button or a similar procedure that allows the system to come to a halt in a safe state.
Amendment 1845 #
2021/0106(COD)
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
5. For high-risk AI systems referred to in point 1(a) and 1(b) of Annex III, the measures referred to in paragraph 3 shall be such as to ensure that, in addition, no action or decision is taken by the usdeployer on the basis of the identification resultingoutput from the system unless this has been verified and confirmed by at least two natural persons.
Amendment 1851 #
2021/0106(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. High-risk AI systems shall be designed and developed in such a way that they achieve security by design and by default, in the light of their intended purpose, an appropriate level of accuracy, robustness and cybersecurieliability, robustness, resilience, safety, and perform consistently in those respectscybersecurity throughout their lifecycle.
Amendment 1853 #
2021/0106(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The levels of accuracy and the relevant accuracy metrics of high-risk AI systems shall be assessed by an independent entity and declared in the accompanying instructions of use. The language used shall be clear, free of misunderstandings or misleading statements.
Amendment 1859 #
2021/0106(COD)
Proposal for a regulation
Article 15 – paragraph 3 – introductory part
Article 15 – paragraph 3 – introductory part
3. High-risk AI systems shall be resilienobust as regards errors, faults or inconsistencies that may occur within the system or the environment in which the system operates, in particular due to their interaction with natural persons or other systems.
Amendment 1861 #
2021/0106(COD)
Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 2
Article 15 – paragraph 3 – subparagraph 2
High-risk AI systems that continue to learn after being placed on the market or put into service shall be developed in such a way to ensure that possibly biased outputs due to outputs used as an input for future operations (‘feedback loops’) are duut into service shall ensure that 'feedback loops' caused by biased outputs are adequately addressed with appropriate mitigation measures.
Amendment 1866 #
2021/0106(COD)
Proposal for a regulation
Article 15 – paragraph 4 – introductory part
Article 15 – paragraph 4 – introductory part
4. High-risk AI systems shall be resilient as regardsadequately protected against attempts by unauthorised third parties to alter their use or performance by exploiting the system vulnerabilities.
Amendment 1869 #
2021/0106(COD)
Proposal for a regulation
Article 15 – paragraph 4 – subparagraph 1
Article 15 – paragraph 4 – subparagraph 1
The technical solutionand orgaisational measures aimed at ensuring the cybersecurity of high-risk AI systems shall be appropriate to the relevant circumstances and the risks.
Amendment 1871 #
2021/0106(COD)
Proposal for a regulation
Article 15 – paragraph 4 – subparagraph 2
Article 15 – paragraph 4 – subparagraph 2
The technical solutionand orgaisational measures to address AI specific vulnerabilities shall include at least, where appropriate, measures to prevent and control for attacks trying to manipulate the training dataset (‘data poisoning’), inputs designed to cause the model to make a mistake (‘adversarial examples’), or model flaws.
Amendment 1872 #
2021/0106(COD)
Proposal for a regulation
Article 15 – paragraph 4 a (new)
Article 15 – paragraph 4 a (new)
4 a. High risk AI shall be accompanied by security solutions and patches for the lifetime of the product it is embedded in, or in case of the absence of dependence on a specific product, for a time that needs to be stated by the manufacturer and cannot be less then 10 years.
Amendment 1874 #
2021/0106(COD)
Proposal for a regulation
Title III – Chapter 3 – title
Title III – Chapter 3 – title
3 OBLIGATIONS OF PROVIDERS AND USDEPLOYERS OF HIGH-RISK AI SYSTEMS and other parties
Amendment 1875 #
2021/0106(COD)
Proposal for a regulation
Article 16 – title
Article 16 – title
Obligations of providers and deployers of high-risk AI systems
Amendment 1877 #
2021/0106(COD)
Proposal for a regulation
Article 16 – paragraph 1 – introductory part
Article 16 – paragraph 1 – introductory part
Providers and, where applicable, deployers of high-risk AI systems shall:
Amendment 1885 #
2021/0106(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point a a (new)
Article 16 – paragraph 1 – point a a (new)
(a a) include name and contact information;
Amendment 1889 #
2021/0106(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point d
Article 16 – paragraph 1 – point d
(d) when under their control, keep the logs automatically generated by their high- risk AI systems for a period of at least two years, or as long as is appropriate in the light of the intended purpose of high-risk AI system and applicable legal obligations under Union or national law;
Amendment 1895 #
2021/0106(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point e
Article 16 – paragraph 1 – point e
(e) ensure that the high-risk AI system undergoes the relevant third party conformity assessment procedure, prior to its placing on the market or putting into service;
Amendment 1912 #
2021/0106(COD)
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. Providers and, where applicable, deployers of high-risk AI systems shall put a quality management system in place that ensures compliance with this Regulation. That system shall be documented in a systematic and orderly manner in the form of written policies, procedures and instructions, and shall include at least the following aspects:
Amendment 1923 #
2021/0106(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point e
Article 17 – paragraph 1 – point e
(e) technical specifications, including standards, to be applied and, where the relevant harmonised standards are not applied in full, or do not cover all of the relevant requirements, the means to be used to ensure that the high-risk AI system complies with the requirements set out in Chapter 2 of this Title;
Amendment 1925 #
2021/0106(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point f
Article 17 – paragraph 1 – point f
(f) systems and procedures for data management, including data acquisition, data collection, data analysis, data labelling, data storage, data filtration, data mining, data aggregation, data retention and any other operation regarding the data that is performed before and for the purposes of the placing on the market or, putting into service, and deployment of high-risk AI systems;
Amendment 1939 #
2021/0106(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
Amendment 1942 #
2021/0106(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. For providers that are credit institutions regulated by Directive 2013/36/ EU, the obligation to put a quality management system in place shall be deemed to be fulfilled by complying with the rules on internal governance arrangements, processes and mechanisms pursuant to Article 74 of that Directive. In that context, any harmonised standards referred to in Article 40 of thiThis Article applies without prejudice to the obligations for providers that are credit institutions Rregulation shall be taken into accounted by Directive 2013/36/ EU.
Amendment 1948 #
2021/0106(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Providers of high-risk AI systems shall draw up the technical documen-tation referred to in Article 11 in accordance with Annex IV and make it available at the request of a national competent authority.
Amendment 1957 #
2021/0106(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Providers of high-risk AI systems shall keep the logs automatically generated by their high-risk AI systems, to the extent such logs are under their control by virtue of a contractual arrangement with the usdeployer or otherwise by law. The logs shall be kept for a period that is appropriate in the light of the intended purpose of high- risk AI system and applicable legal obligations under Union or national law.
Amendment 1960 #
2021/0106(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
Providers of high-risk AI systems which consider or have reason to consider that a high-risk AI system which they have placed on the market or put into service is not in conformity with this Regulation shall immediately inform the competent authorities and take the necessary corrective actions to bring that system into conformity, to withdraw it, to disable it, or to recall it, as appropriate. They shall inform the distributors and deployers of the high-risk AI system in question and, where applicable, the authorised representative and importers accordingly.
Amendment 1966 #
2021/0106(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
Where the high-risk AI system presents a risk within the meaning of Article 65(1) and that risk is known to the provider of the system becomes aware of that risk, that provider shall immediately inform the national competent authorities of the Member States in which it made the system available and, where applicable, the notified body that issued a certificate for the high-risk AI system, in particular of the non-compliance and of any corrective actions taken.
Amendment 1972 #
2021/0106(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
Providers of high-risk AI systems shall, upon request by a national competent authority, provide that authority with all the information and documentation necessary to demonstrate the conformity of the high- risk AI system with the requirements set out in Chapter 2 of this Title, in an official Union language determined by the Member State concerned. Upon a reasoned request from a national competent authority, providers shall also give that authority access to the logs automatically generated by the high- risk AI system, to the extent such logs are under their control by virtue of a contractual arrangement with the user or otherwise by law.
Amendment 1988 #
2021/0106(COD)
Proposal for a regulation
Article 25 – paragraph 2 – point b
Article 25 – paragraph 2 – point b
(b) provide a national competent authority, upon a reasoned request, with all the information and documentation necessary to demonstrate the conformity of a high-risk AI system with the requirements set out in Chapter 2 of this Title, including access to the logs automatically generated by the high-risk AI system to the extent such logs are under the control of the provider by virtue of a contractual arrangement with the user or otherwise by law;
Amendment 2002 #
2021/0106(COD)
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
3. Importers shall indicate their name, registered trade name or registered trade mark, and the address at which they can be contacted on the high-risk AI system or, where that is not possibleand, on its packaging or its accompanying documentation, aswhere applicable.
Amendment 2005 #
2021/0106(COD)
Proposal for a regulation
Article 26 – paragraph 5
Article 26 – paragraph 5
5. Importers shall provide national competent authorities, upon a reasoned request, with all necessary information and documentation to demonstrate the conformity of a high-risk AI system with the requirements set out in Chapter 2 of this Title in a language which can be easily understood by that national competent authority, including access to the logs automatically generated by the high-risk AI system to the extent such logs are under the control of the provider by virtue of a contractual arrangement with the user or otherwise by law. They shall also cooperate with those authorities on any action national competent authority takes in relation to that system.
Amendment 2013 #
2021/0106(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Where a distributor considers or has reason to consider that a high-risk AI system is not in conformity with the requirements set out in Chapter 2 of this Title, it shall not make the high-risk AI system available on the market until that system has been brought into conformity with those requirements. Furthermore, where the system presents a risk within the meaning of Article 65(1), the distributor shall inform the competent authorities and the provider or the importer of the system, as applicable, to that effect.
Amendment 2017 #
2021/0106(COD)
Proposal for a regulation
Article 27 – paragraph 4
Article 27 – paragraph 4
4. A distributor that considers or has reason to consider that a high-risk AI system which it has made available on the market is not in conformity with the requirements set out in Chapter 2 of this Title shall take the corrective actions necessary to bring that system into conformity with those requirements, to withdraw it or recall it or shall ensure that the provider, the importer or any relevant operator, as appropriate, takes those corrective actions. Where the high-risk AI system presents a risk within the meaning of Article 65(1), the distributor shall immediately inform the national competent authorities of the Member States in which it has made the product available to that effect, giving details, in particular, of the non-compliance and of any corrective actions taken.
Amendment 2021 #
2021/0106(COD)
Proposal for a regulation
Article 27 – paragraph 5
Article 27 – paragraph 5
5. Upon a reasoned request from a national competent authority, distributors of high-risk AI systems shall provide that authority with all the information and documentation necessary to demonstrate the conformity of a high-risk system with the requirements set out in Chapter 2 of this Title. Distributors shall also cooperate with that national competent authority on any action taken by that authority.
Amendment 2025 #
2021/0106(COD)
Proposal for a regulation
Article 28 – title
Article 28 – title
Obligations of distributors, importers, usdeployers or any other third-party
Amendment 2027 #
2021/0106(COD)
Proposal for a regulation
Article 28 – paragraph 1 – introductory part
Article 28 – paragraph 1 – introductory part
1. Any distributor, importer, usdeployer or other third-party shall be considered a provider for the purposes of this Regulation and shall be subject to the obligations of the provider under Article 16, in any of the following circumstances:
Amendment 2030 #
2021/0106(COD)
Proposal for a regulation
Article 28 – paragraph 1 – point b a (new)
Article 28 – paragraph 1 – point b a (new)
(b a) they deploy a high-risk system for a purpose other than the intended purpose;
Amendment 2032 #
2021/0106(COD)
Proposal for a regulation
Article 28 – paragraph 1 – point c a (new)
Article 28 – paragraph 1 – point c a (new)
(c a) they modify the intended purpose of an AI system which is not high-risk and is already placed on the market or put into service, in a way which makes the modified system a high-risk AI system.
Amendment 2035 #
2021/0106(COD)
Proposal for a regulation
Article 29 – title
Article 29 – title
29 Obligations of usdeployers of high- risk AI systems (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 2038 #
2021/0106(COD)
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. UsDeployers of high-risk AI systems shall usetake appropriate technical and organisational measures and ensure that the use of such systems is in accordance with the instructions of use accompanying the systems and enables human oversight and decision-making, pursuant to paragraphs 2 and 5.
Amendment 2043 #
2021/0106(COD)
Proposal for a regulation
Article 29 – paragraph 1 a (new)
Article 29 – paragraph 1 a (new)
1 a. Deployers shall identify the categories of natural persons and groups likely to be affected by the system before putting it into use.
Amendment 2045 #
2021/0106(COD)
Proposal for a regulation
Article 29 – paragraph 1 b (new)
Article 29 – paragraph 1 b (new)
1 b. Human oversight following paragraph 1 shall be carried out by natural persons having the necessary competences, training, authority and independence.
Amendment 2047 #
2021/0106(COD)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. The obligations in paragraph 1 are without prejudice to other usdeployer obligations under Union or national law and to the usshall take due account of the deployer’'s discretion in organising its own resources and activities for the purpose of implementing the human oversight measures indicated by the provider.
Amendment 2089 #
2021/0106(COD)
Proposal for a regulation
Article 30 – paragraph 7
Article 30 – paragraph 7
7. Notifying authorities shall have a sufficient number of competent personnel at their disposal for the proper performance of their tasks. Where applicable, competent personnel shall have necessary expertise in supervision of fundamental rights.
Amendment 2103 #
2021/0106(COD)
Proposal for a regulation
Article 33 – paragraph 4
Article 33 – paragraph 4
4. Notified bodies shall be independent of the provider of a high-risk AI system in relation to which it performs conformity assessment activities. Notified bodies shall also be independent of any other operator having an economic interest in the high-risk AI system that is assessed, as well as of any competitors of the provider. Notified bodies and their employees should not have provided any service to the provider of a high-risk system for 12 months before the assessment. They should also commit not to work for the provider of a high-risk system assessed or a professional organisation or business association of which the provider of a high-risk system is a member for 12 months after their position in the auditing organisation has ended.
Amendment 2111 #
2021/0106(COD)
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
1. The Commission shall, where necessary, investigate all cases where there are reasons to doubt whether a notified body complies with the requirements laid down in Article 33.
Amendment 2113 #
2021/0106(COD)
Proposal for a regulation
Article 37 – paragraph 4
Article 37 – paragraph 4
4. Where the Commission ascertains that a notified body does not meet or no longer meets the requirements laid down in Article 33, it shall adopt a reasoned decision requesting the notifying Member State to take the necessary corrective measures, including withdrawal of notification if necessaryapplicable. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 74(2).
Amendment 2136 #
2021/0106(COD)
Proposal for a regulation
Article 41 – paragraph 1
Article 41 – paragraph 1
1. Where harmonised standards referred to in Article 40 do not exist or where the Commission considers that the relevant harmonised standards are insufficient or that there is a need to address specific safety, accessibility, or fundamental right concerns, the Commission may, by means of implementing acts, adopt common specifications in respect of the requirements set out in Chapter 2 of this Title. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 74(2).
Amendment 2152 #
2021/0106(COD)
Proposal for a regulation
Article 42 – paragraph 1
Article 42 – paragraph 1
1. Taking into account their intended purpose, high-risk AI systems that have been trained and tested on data concerning the specific geographical, behavioural and functional setting within which they are intended to be used or are reasonably foreseeable to be used shall be presumed to be in compliance with the requirement set out in Article 10(4).
Amendment 2156 #
Amendment 2160 #
2021/0106(COD)
Proposal for a regulation
Article 43 – paragraph 1 – introductory part
Article 43 – paragraph 1 – introductory part
1. For high-risk AI systems listed in point 1 of Annex III, where, in demonstrating the compliance of a high- risk AI system with the requirements set out in Chapter 2 of this Title, the provider has applied harmonised standards referred to in Article 40, or, where applicable, common specifications referred to in Article 41, the provider shall follow one of the following procedures:Annex III the provider shall have a conformity assessment carried out by an independent third-party, following the conformity assessment procedure set out in Annex VII.
Amendment 2165 #
2021/0106(COD)
Proposal for a regulation
Article 43 – paragraph 1 – point a
Article 43 – paragraph 1 – point a
Amendment 2169 #
2021/0106(COD)
Amendment 2172 #
2021/0106(COD)
Proposal for a regulation
Article 43 – paragraph 1 – subparagraph 1
Article 43 – paragraph 1 – subparagraph 1
Amendment 2177 #
2021/0106(COD)
Proposal for a regulation
Article 43 – paragraph 1 – subparagraph 2
Article 43 – paragraph 1 – subparagraph 2
For the purpose of carrying out the conformity assessment procedure referred to in Annex VII, the provider may choose any of the notified bodies. However, when the system is intended to be put into service by law enforcement, immigration or asylum authorities as well as EU institutions, bodies or agencies, the market surveillance authority referred to in Article 63(5) or (6), as applicable, shall act as a notified body.
Amendment 2181 #
2021/0106(COD)
Proposal for a regulation
Article 43 – paragraph 2
Article 43 – paragraph 2
2. For high-risk AI systems referred to in points 2 to 8 of Annex III, providers shall follow the conformity assessment procedure based on internal control as referred to in Annex VI, which does not provide for the involvement of a notified body. For high-risk AI systems referred to in point 5(b) of Annex III, placed on the market or put into service by credit institutions regulated by Directive 2013/36/EU, the conformity assessment shall be carried out as part of the procedure referred to in Articles 97 to101 of that Directive.
Amendment 2186 #
2021/0106(COD)
Proposal for a regulation
Article 43 – paragraph 3 – subparagraph 2
Article 43 – paragraph 3 – subparagraph 2
Amendment 2192 #
2021/0106(COD)
Proposal for a regulation
Article 43 – paragraph 4 – introductory part
Article 43 – paragraph 4 – introductory part
4. High-risk AI systems shall undergo a new third party conformity assessment procedure whenever they are substantially modified, regardless of whether the modified system is intended to be further distributed or continues to be used by the current usdeployer.
Amendment 2204 #
2021/0106(COD)
Proposal for a regulation
Article 43 – paragraph 6
Article 43 – paragraph 6
Amendment 2210 #
2021/0106(COD)
Proposal for a regulation
Article 44 – paragraph 3
Article 44 – paragraph 3
3. Where a notified body finds that an AI system no longer meets the requirements set out in Chapter 2 of this Title, it shall, taking account of the principle of proportionality, suspend or withdraw the certificate issued or impose any restrictions on it, unless compliance with those requirements is ensured by appropriate corrective action taken by the provider of the system within an appropriate deadline set by the notified body. The notified body shall give reasons for its decision.
Amendment 2213 #
2021/0106(COD)
Proposal for a regulation
Article 46 – paragraph 3
Article 46 – paragraph 3
3. Each notified body shall provide the other notified bodies carrying out similar conformity assessment activities covering the same artificial intelligence technologiesystems with relevant information on issues relating to negative and, on request, positive conformity assessment results.
Amendment 2216 #
2021/0106(COD)
Proposal for a regulation
Article 47 – paragraph 1
Article 47 – paragraph 1
1. By way of derogation from Article 43, any market surveillance authority may request a judicial authority to authorise the placing on the market or putting into service of specific high-risk AI systems within the territory of the Member State concerned, for exceptional reasons of public security or the protection of life and health of persons, environmental protection and the protection of key industrial and infrastructural assets. That authorisation shall be for a limited period of time, while the necessary conformity assessment procedures are being carried out, and shall terminate once those procedures have been completed. The completion of those procedures shall be undertaken without undue delay.
Amendment 2218 #
2021/0106(COD)
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
2. The authorisation referred to in paragraph 1 shall be issued only if the market surveillance authority and judicial authority concludes that the high-risk AI system complies with the requirements of Chapter 2 of this Title. The market surveillance authority shall inform the Commission and the other Member States of any request made and any subsequent authorisation issued pursuant to paragraph 1.
Amendment 2219 #
2021/0106(COD)
Proposal for a regulation
Article 47 – paragraph 3
Article 47 – paragraph 3
3. Where, within 15 calendar days of receipt of the information referred to in paragraph 2, no objection has been raised by either a Member State or the Commission in respect ofto the request of the maret surveillance authority for an authorisation issued by a market surveillance authority of a Member State in accordance with paragraph 1, that authorisationrequest shall be deemed justified.
Amendment 2221 #
2021/0106(COD)
Proposal for a regulation
Article 47 – paragraph 4
Article 47 – paragraph 4
4. Where, within 15 calendar days of receipt of the notification referred to in paragraph 2, objections are raised by a Member State against an authorisation request issued by a market surveillance authority of another Member State, or where the Commission considers the authorisationrequest to be contrary to Union law or the conclusion of the Member States regarding the compliance of the system as referred to in paragraph 2 to be unfounded, the Commission shall without delay enter into consultation with the relevant Member State; the operator(s) concerned shall be consulted and have the possibility to present their views. In view thereof, the Commission shall decide whether the authorisationrequest is justified or not. The Commission shall address its decision to the Member State concerned and the relevant operator or operators.
Amendment 2222 #
2021/0106(COD)
Proposal for a regulation
Article 47 – paragraph 5
Article 47 – paragraph 5
5. If the authorisationrequest is considered unjustified, this shall be withdrawn by the market surveillance authority of the Member State concerned.
Amendment 2223 #
2021/0106(COD)
Proposal for a regulation
Article 48 – paragraph 1
Article 48 – paragraph 1
1. The provider shall draw up a writtennotifying authority after third party conformity assessment shall draw up a written physical and machine-readable electronic EU declaration of conformity for each AI system and keep it at the disposal of the national competent authorities for 105 years after the AI system has been placed on the market or put into service. The EU declaration of conformity shall identify the AI system for which it has been drawn up. A copy of the EU declaration of conformity shall be given to the relevant national competent authorities upon request.
Amendment 2227 #
2021/0106(COD)
Proposal for a regulation
Article 48 – paragraph 4
Article 48 – paragraph 4
4. By drawing upAfter receiving the EU declaration of conformity, the provider shall assume responsibility for continuous compliance with the requirements set out in Chapter 2 of this Title. The provider shall keep the EU declaration of conformity up-to-date as appropriat throughout the entire lifecycle.
Amendment 2240 #
2021/0106(COD)
Proposal for a regulation
Article 50 – paragraph 1 – introductory part
Article 50 – paragraph 1 – introductory part
The provider shall, for a period ending 10 5 years after the AI system has been placed on the market or put into service, keep at the disposal of the national competent authorities:
Amendment 2247 #
2021/0106(COD)
Proposal for a regulation
Article 51 – paragraph 1
Article 51 – paragraph 1
Before placing on the market or putting into service a high-risk AI system referred to in Article 6(2), the provider or, where applicable, the authorised representative shall register that system in the EU database referred to in Article 60.
Amendment 2253 #
2021/0106(COD)
Proposal for a regulation
Article 51 – paragraph 1 a (new)
Article 51 – paragraph 1 a (new)
Before each deployment of, or substantial modification to, a high-risk AI system referred to in Article 6, the deployer or, where applicable, the authorised representative shall register that system in the EU database referred to in Article 60.
Amendment 2257 #
2021/0106(COD)
Proposal for a regulation
Article 51 – paragraph 1 b (new)
Article 51 – paragraph 1 b (new)
In case the provider or deployer is a public authority they shall register both high-risk AI systems and all other AI systems.
Amendment 2259 #
Amendment 2260 #
2021/0106(COD)
Proposal for a regulation
Article 52 – title
Article 52 – title
Transparency obligations for certain AI systems
Amendment 2264 #
2021/0106(COD)
Proposal for a regulation
Article 52 – paragraph 1
Article 52 – paragraph 1
1. Providers shall ensure that AI systems intended to interact with natural persons are designed and developed in such a way that natural persons are informed without delay that they are interacting with an AI system, unless this is obvious from the circumstances and the context of use. This obligation shall not apply to AI systems authorised by law to detect, prevent, investigate and prosecute criminal offences, unlessshall also include information on which components and functions are supported through AI, information which main parameters the AI system takes into account, and information on human oversight and which person is responsible for decisions made or influenced by those systems are available for the public to report a criminal offences well as information on rectification, redress rights and options.
Amendment 2266 #
2021/0106(COD)
Proposal for a regulation
Article 52 – paragraph 2
Article 52 – paragraph 2
2. UsDeployers of an remotione biometric recognition system or a biometric categorisation system shall inform of the operation of the system the natural persons exposed thereto. This obligation shall not apply to AI systems used for biometric categorisation, which are permitted by law to detectshall also include information on which components and functions are supported through AI, information which main parameters the AI system takes into account, and information on human oversight and which person is responsible for decisions made or influenced by the system as well as information on rectification, prevent and investigate criminal offencedress rights and options.
Amendment 2272 #
2021/0106(COD)
Proposal for a regulation
Article 52 – paragraph 3 – introductory part
Article 52 – paragraph 3 – introductory part
3. UsDeployers of an AI system other than those in paragraphs 1 or 2, that generates or manipulates image, audio or video content that appreciably resembles existing persons, objects, places or other entities or events and would falsely appear to a person to be authentic or truthful (‘deep fake’), shall disclose that the content has been artificially generated or manipulated.
Amendment 2273 #
2021/0106(COD)
Amendment 2280 #
2021/0106(COD)
Proposal for a regulation
Article 52 – paragraph 3 a (new)
Article 52 – paragraph 3 a (new)
3 a. The obligations in paragraphs 1, 2 and 3 shall be without prejudice to Union law on delaying information of subjects in ongoing criminal investigations, and be without prejudice to the exercise of the right to freedom of expression and the right to freedom of the arts and sciences guaranteed in the Charter of Fundamental Rights of the EU, and subject to appropriate safeguards for the rights and freedoms of third parties.
Amendment 2282 #
2021/0106(COD)
Proposal for a regulation
Article 52 – paragraph 4
Article 52 – paragraph 4
4. PThe information in paragraphs 1, 2 and 3 shall be provided in an accessible, easy to understand, yet comprehensive manner, at least in one of the languages of the Member State in which the system was made available, and shall not affect the requirements and obligations set out in Title III of this Regulation.
Amendment 2285 #
2021/0106(COD)
Proposal for a regulation
Article 52 a (new)
Article 52 a (new)
Article 52 a Limitations for deep fakes of persons Notwithstanding Article 52 and subject to appropriate safeguards for the rights and freedoms of third parties, the use of AI systems that generate or manipulate image, audio or video content that appreciably resembles existing persons and would falsely appear to a person to be authentic or truthful (‘deep fake’), shall be permitted only (a) when used for the exercise of the rights to freedom of expression and to artistic expression, or (b) with the explicit consent of the affected persons.
Amendment 2289 #
2021/0106(COD)
Proposal for a regulation
Article 53 – paragraph 1
Article 53 – paragraph 1
1. AI regulatory sandboxes established by one or more Member States competent authorities or the European Data Protection Supervisor shall provide a controlled environment that facilitates the development, testing and validation of innovative AI systems for a limited time before their placement on the market or putting into service pursuant to a specific plan. TFollowing a fundamental rights impact assessment, as laid out in Article 9a, this shall take place under the direct supervision and guidance by the competent authorities with a view to identifying risks in particular to the environment, health and safety, and fundamental rights, ensuring compliance with the requirements of this Regulation and, where relevant, other Union and Member States legislation supervised within the sandbox. Access to the regulatory sandboxes shall require providers to apply for participation. Supervising authorities shall inform applicants of their decision within 3 months of the application, or, in justified cases, of an extension of this deadline by at most another 3 months. The supervising authority shall inform the European Artificial Intelligence Board of the provision of regulatory sandboxes.
Amendment 2308 #
2021/0106(COD)
Proposal for a regulation
Article 53 – paragraph 2
Article 53 – paragraph 2
2. Member States shall ensure that to the extent the innovative AI systems involve the processing of personal data, or otherwise fall under the supervisory remit of other national authorities or competent authorities providing or supporting access to data, the national data protection authorities and those other national authorities are associated to the operation of the AI regulatory sandbox and involved in the control of those aspects of the sandbox it supervises to the full extent of its respective powers.
Amendment 2313 #
2021/0106(COD)
Proposal for a regulation
Article 53 – paragraph 3
Article 53 – paragraph 3
3. The AI regulatory sandboxes shall not affect the supervisory and corrective powers of the competent authorities. Any significant risks to democracy, the environment, health and safety and fundamental rights identified during the development and testing of such systems shall result in immediate mitigation and, failing that, in the suspension of the development and testing process until such mitigation takes place, or, where mitigating measures cannot be identified that stop and remedy such significant risk or harm, Member States shall ensure that the competent authorities have the power to permanently suspend the development and testing process. In the case of abuse, competent authorities shall have the power to ban providers from applying for and participating in the regulatory sandbox for a limited amount of time or indefinitely. Decisions to suspend or ban providers from participating in regulatory sandboxes shall be submitted without delay to the European Artificial Intelligence Board. Applicants shall have access to remedies.
Amendment 2327 #
2021/0106(COD)
Proposal for a regulation
Article 53 – paragraph 5
Article 53 – paragraph 5
5. Member States’ competent authorities that have established AI regulatory sandboxes shall coordinate their activities and cooperate within the framework of the European Artificial Intelligence Board. They shall submit annual reports to the Board and the Commission on the results from the implementation of those schemes, including good practices, lessons learnt and recommendations on their setup and, where relevant, on the application and possible revision of this Regulation and other Union legislation supervised within the sandbox, in particular with regards to easing burdens and introducing further regulation where additional risks and potential harms are identified.
Amendment 2335 #
2021/0106(COD)
Proposal for a regulation
Article 53 – paragraph 6
Article 53 – paragraph 6
6. The modalities and the conditions of the operation of the AI regulatory sandboxes, including the eligibility criteria and the procedure for the application, selection, participation and exiting from the sandbox, and the rights and obligations of the participants shall be set out in implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 74(2)by the European Artificial Intelligence Board in close cooperation with the Member States’ and competent authorities. A list of planned and current sandboxes, including the modalities, conditions, eligibility criteria and application, selection, participation procedure shall be made publicly available by the European Artificial intelligence Board.
Amendment 2346 #
2021/0106(COD)
Proposal for a regulation
Article 54 – paragraph 1 – introductory part
Article 54 – paragraph 1 – introductory part
1. In the AI regulatory sandbox personal data and data protected by intellectual property rights or trade secrets lawfully collected for other purposes shall be processed solely for the purposes of developing and testing certain innovative AI systems in the sandbox under the following conditions:
Amendment 2349 #
2021/0106(COD)
Proposal for a regulation
Article 54 – paragraph 1 – point a – introductory part
Article 54 – paragraph 1 – point a – introductory part
(a) the innovative AI systems shall be developed for safeguarding substantial public interest in one or more of the following areas:
Amendment 2351 #
2021/0106(COD)
Proposal for a regulation
Article 54 – paragraph 1 – point a – point i
Article 54 – paragraph 1 – point a – point i
Amendment 2353 #
2021/0106(COD)
Proposal for a regulation
Article 54 – paragraph 1 – point a – point iii
Article 54 – paragraph 1 – point a – point iii
(iii) a high level of protection and improvement of the quality of the environment, and to counter and remedy the climate crisis;
Amendment 2356 #
2021/0106(COD)
Proposal for a regulation
Article 54 – paragraph 1 – point c
Article 54 – paragraph 1 – point c
(c) there are effective monitoring mechanisms to identify if any high risks to the fundamental rights of the data subjects and holders of intellectual property rights or trade secrets may arise during the sandbox experimentation as well as response mechanism to promptly mitigate those risks and, where necessary, stop the processing;
Amendment 2357 #
2021/0106(COD)
Proposal for a regulation
Article 54 – paragraph 1 – point d
Article 54 – paragraph 1 – point d
(d) any personal data or data protected by intellectual property rights or trade secrets to be processed in the context of the sandbox are in a functionally separate, isolated and protected data processing environment under the control of the participants and only authorised persons have access to thatose data;
Amendment 2359 #
2021/0106(COD)
Proposal for a regulation
Article 54 – paragraph 1 – point e
Article 54 – paragraph 1 – point e
(e) any personal data or data protected by intellectual property rights or trade secrets processed are not be transmitted, transferred or otherwise accessed by other parties;
Amendment 2362 #
2021/0106(COD)
Proposal for a regulation
Article 54 – paragraph 1 – point g
Article 54 – paragraph 1 – point g
(g) any personal data or data protected by intellectual property rights or trade secrets processed in the context of the sandbox are deleted once the participation in the sandbox has terminated or the personal data has reached the end of its retention period;
Amendment 2364 #
2021/0106(COD)
Proposal for a regulation
Article 54 – paragraph 1 – point h
Article 54 – paragraph 1 – point h
(h) the logs of the processing of personal data or data protected by intellectual property rights or trade secrets in the context of the sandbox are kept for the duration of the participation in the sandbox and 1 year after its termination, solely for the purpose of and only as long as necessary for fulfilling accountability and documentation obligations under this Article or other applicationble Union or Member States legislation;
Amendment 2366 #
2021/0106(COD)
Proposal for a regulation
Article 54 – paragraph 1 – point j
Article 54 – paragraph 1 – point j
(j) a short summary of the AI projectsystem developed in the sandbox, its objectives and expected results published on the website of the competent authorities.
Amendment 2368 #
2021/0106(COD)
Proposal for a regulation
Article 54 – paragraph 2
Article 54 – paragraph 2
2. Paragraph 1 further specifies Article 89 of Regulation (EU) 2016/679 and is without prejudice to Union or Member States legislation excluding processing for other purposes than those explicitly mentioned in that legislation or to Union or Member States legislation excluding the use of data protected by intellectual property or trade secrets under the conditions covered by Paragraph 1.
Amendment 2371 #
2021/0106(COD)
Proposal for a regulation
Article 55 – title
Article 55 – title
Measures for small-scale providers and usersdeployers (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 2415 #
2021/0106(COD)
Proposal for a regulation
Article 56 – paragraph 2 – point c a (new)
Article 56 – paragraph 2 – point c a (new)
(c a) propose amendments to Annexes I and III to the Commission.
Amendment 2430 #
2021/0106(COD)
Proposal for a regulation
Article 57 – paragraph 1
Article 57 – paragraph 1
1. The Board shall be composed of the national supervisory authorities, who shall be represented by the head or equivalent high-level official of that authority, and the European Data Protection Supervisor. Other national authorit, the Chair of the European Data Protection Board, the Director of the Fundamental Rights Agency, the Executive Director of the European Union Agency for Cybersecurity or their respective representatives. Other national authorities or Union agencies and bodies may be invited to the meetings, where the issues discussed are of relevance for them.
Amendment 2445 #
2021/0106(COD)
Proposal for a regulation
Article 57 – paragraph 2
Article 57 – paragraph 2
2. The Board shall adopt its rules of procedure by a simple majority of its members, following the consent of the Commissiontwo-thirds majority and shall take decisions by a simple majority of its members. The rules of procedure shall also contain the operational aspects related to the execution of the Board’s tasks as listed in Article 58. The Board may establish sub-groups as appropriate for the purpose of examining specific questions.
Amendment 2456 #
2021/0106(COD)
Proposal for a regulation
Article 57 – paragraph 3
Article 57 – paragraph 3
3. The Board shall be chaired by the Commission. The Commissionelect a chair and two deputy chairs from among its members. Their term of office shall be five years and be renewable once. . The Chair shall convene the meetings and prepare the agenda in accordance with the tasks of the Board pursuant to this Regulation and with its rules of procedure. The Commission shall provide administrative and analytical support for the activities of the Board pursuant to this Regulation.
Amendment 2463 #
2021/0106(COD)
Proposal for a regulation
Article 57 – paragraph 4
Article 57 – paragraph 4
4. The Board may invite external experts and observers to attend its meetings and may hold exchanges with interested third parties to inform its activities to an appropriate extent. To that end the Commission mayhair shall facilitate exchanges between the Board and other Union bodies, offices, agencies and advisory groups. The Board shall ensure a balanced representation of stakeholders from academia, research, industry and civil society when it invites external experts and observers, and actively stimulate participation from underrepresented categories.
Amendment 2470 #
2021/0106(COD)
Proposal for a regulation
Article 57 a (new)
Article 57 a (new)
Amendment 2478 #
2021/0106(COD)
Proposal for a regulation
Article 58 – paragraph -1 (new)
Article 58 – paragraph -1 (new)
-1 The Board shall ensure the consistent application of this Regulation and shall the competent supervisory authority to enforce this Regulation where one of the following criteria is met: (a) The aggregate worldwide turnover of an undertaking or the undertaking to which another undertaking belongs is more than EUR 2 500 million; (b) in each of at least three Member States, the aggregate turnover of an undertaking or the undertaking to which another undertaking belongs is more than EUR 100 million; (c) in each of at least three Member States included for the purpose of point (b), the aggregate turnover of an undertaking or the undertaking to which another undertaking belongs is more than EUR 25 million;and (d) the aggregate Union-wide turnover of an undertaking or the undertaking to which another undertaking belongs is more than EUR 100 million, unless each of the undertakings concerned achieves more than two-thirds of its aggregate Community-wide turnover within one and the same Member State.
Amendment 2479 #
2021/0106(COD)
Proposal for a regulation
Article 58 – paragraph -1 a (new)
Article 58 – paragraph -1 a (new)
-1 a In order to ensure consistent application of this Regulation, the Board shall, on its own initiative or, where relevant, at the request of the Commission, in particular: (a) monitor and ensure the correct application of Title III of this Regulation without prejudice to the tasks of national supervisory authorities; (b) advise the Commission on any issue related to the development and use of artificial intelligence in the in the Union, including on any proposed amendment of this Regulation; (c) issue guidelines, recommendations, and best practices on procedures, information and documentation as referred to in Titles III and VIII; (d) examine, on its own initiative, on request of one of its members or on request of the Commission, any question covering the application of this Regulation and issue guidelines, recommendations and best practices in order to encourage consistent application of this Regulation; (e) draw up guidelines for supervisory authorities concerning the application of this Regulation; (f) draw up guidelines for supervisory authorities concerning the setting of administrative fines pursuant to Article 72; (g) review the practical application of the guidelines, recommendations and best practices referred to in points (e) and (f); (h) encourage the drawing-up of codes of conduct pursuant to Article 69; (i) issue opinions on codes of conduct drawn up at Union level pursuant to Article 69(3a); (j) issue decisions pursuant to Articles 66 and 67; (k) promote the cooperation and the effective bilateral and multilateral exchange of information and best practices between the supervisory authorities; (l) promote common training programmes and facilitate personnel exchanges between the supervisory authorities and, where appropriate, with the supervisory authorities of third countries or with international organisations; (m) promote the exchange of knowledge and documentation on relevant legislation and practice with supervisory authorities whose scope includes artificial intelligence worldwide; (n) maintain a publicly accessible electronic register of decisions taken by supervisory authorities and courts on issues handled pursuant to Chapter 3 of Title VIII.
Amendment 2480 #
2021/0106(COD)
Proposal for a regulation
Article 58 – paragraph -1 b (new)
Article 58 – paragraph -1 b (new)
-1 b Where the Commission requests advice from the Board, it may indicate a time limit, taking into account the urgency of the matter.
Amendment 2481 #
2021/0106(COD)
Proposal for a regulation
Article 58 – paragraph -1 c (new)
Article 58 – paragraph -1 c (new)
-1 c The Board shall forward its opinions, guidelines, recommendations, and best practices to the Commission and to the committee referred to in Article 73 and make them public.
Amendment 2482 #
2021/0106(COD)
Proposal for a regulation
Article 58 – paragraph -1 d (new)
Article 58 – paragraph -1 d (new)
-1 d The Board shall, where appropriate, consult interested parties and give them the opportunity to comment within a reasonable period. The Board shall make the results of the consultation procedure publicly available.
Amendment 2483 #
2021/0106(COD)
Proposal for a regulation
Article 58 – paragraph -1 e (new)
Article 58 – paragraph -1 e (new)
Amendment 2487 #
2021/0106(COD)
Proposal for a regulation
Article 58 – paragraph 1 – introductory part
Article 58 – paragraph 1 – introductory part
1. When providing advice and assistance to the Commission in the context of Article 56(2), the Board shall in particular:
Amendment 2554 #
2021/0106(COD)
Proposal for a regulation
Article 58 a (new)
Article 58 a (new)
Article 58 a Independence of the Board 1. The Board shall act with complete independence in performing its tasks and exercising its powers in accordance with this Regulation. 2. The members of the Board shall, in the performance of their tasks and exercise of their powers in accordance with this Regulation, remain free from external influence, whether direct or indirect, and shall neither seek nor take instructions from anybody. 3. The members of the Board shall refrain from any action incompatible with their duties and shall not, during their term of office, engage in any incompatible occupation, whether gainful or not.
Amendment 2560 #
2021/0106(COD)
Proposal for a regulation
Article 59 – paragraph 1
Article 59 – paragraph 1
1. National competent authorities shall be established or designated by each Member State for the purpose of ensuring the application and, implementation and enforcement of this Regulation. National competent authorities shall be organised so as to safeguard the objectivity and impartiality of their activities and tasks.
Amendment 2564 #
2021/0106(COD)
Proposal for a regulation
Article 59 – paragraph 2
Article 59 – paragraph 2
2. 2. Each Member State shall designate athe national data protection authority as tthe national supervisory authority among the national competent authorities. The national supervisory authority shall act as notifying authority and market surveillance authority unless a Member State has organisational and administrative reasons to designate more than one authority.
Amendment 2571 #
2021/0106(COD)
Proposal for a regulation
Article 59 – paragraph 4
Article 59 – paragraph 4
4. Member States shall ensure that national competent authorities are provided with adequate financial and human and technical resources to fulfil their tasks effectively under this Regulation. In particular, national competent authorities shall have a sufficient number of personnel permanently available whose competences and expertise shall include an in-depth understanding of artificial intelligence technologies, data and data computing, fundamental rights, competition law, health and safety risks and knowledge of existing standards and other legal requirements.
Amendment 2577 #
2021/0106(COD)
Proposal for a regulation
Article 59 – paragraph 5
Article 59 – paragraph 5
5. Member States shall report to the Commission on an annual basis on the status of the financial and human resources of the national competent authorities with an qualified assessment of their adequacy. The Commission shall transmit that information to the Board for discussion and possible recommendations and formally accept or reject the assessments. Where an assessment is rejected, a new assessment shall be requested.
Amendment 2586 #
2021/0106(COD)
Proposal for a regulation
Article 59 – paragraph 6
Article 59 – paragraph 6
6. The CommissionBoard shall facilitate the exchange of experience between national competent authorities.
Amendment 2590 #
2021/0106(COD)
Proposal for a regulation
Article 59 – paragraph 7
Article 59 – paragraph 7
7. National competent authoritiesThe Board may provide guidance and advice on the implementation of this Regulation, including to small-scale providers. Whenever national competent authoritiesthe Board intends to provide guidance and advice with regard to an AI system in areas covered by other Union legislation, the competent national authorities under that Union legislation shall be consulted, as appropriate. Member States may also establish one central contact point for communication with operators.
Amendment 2598 #
2021/0106(COD)
Proposal for a regulation
Article 59 a (new)
Article 59 a (new)
Article 59 a Independence 1. Each supervisory authority shall act with complete independence in performing its tasks and exercising its powers in accordance with this Regulation. 2. The member or members of each supervisory authority shall, in the performance of their tasks and exercise of their powers in accordance with this Regulation, remain free from external influence, whether direct or indirect, and shall neither seek nor take instructions from anybody. 3. The member or members of each supervisory authority shall refrain from any action incompatible with their duties and shall not, during their term of office, engage in any incompatible occupation, whether gainful or not. 4. Each Member State shall ensure that each supervisory authority chooses and has its own staff which shall be subject to the exclusive direction of the member or members of the supervisory authority concerned. 5. Each Member State shall ensure that each supervisory authority is subject to financial control which does not affect its independence and that it has separate, public annual budgets, which may be part of the overall state or national budget.
Amendment 2599 #
2021/0106(COD)
Proposal for a regulation
Article 59 b (new)
Article 59 b (new)
Amendment 2607 #
Amendment 2611 #
2021/0106(COD)
Proposal for a regulation
Article 60 – title
Article 60 – title
EU database for stand-alone high-risk AI systems
Amendment 2618 #
2021/0106(COD)
Proposal for a regulation
Article 60 – paragraph 1
Article 60 – paragraph 1
1. The Commission shall, in collaboration with the Member States, set up and maintain a public EU database containing information referred to in paragraph 2 concerning high-risk AI systems referred to in Article 6(2) which are registered in accordance with Article 51.
Amendment 2621 #
2021/0106(COD)
Proposal for a regulation
Article 60 – paragraph 2
Article 60 – paragraph 2
2. The data listed in Annex VIII shall be entered into the EU database by the providers, and, where relevant, deployers. The Commission shall provide them with technical and administrative support.
Amendment 2623 #
2021/0106(COD)
Proposal for a regulation
Article 60 – paragraph 3
Article 60 – paragraph 3
3. Information contained in the EU database shall be freely available and accessible to the public, comply with the accessibility requirements of Annex I to Directive 2019/882, and be user-friendly, navigable, and machine-readable, containing structured digital data based on a standardised protocol.
Amendment 2634 #
2021/0106(COD)
Proposal for a regulation
Article 60 – paragraph 5
Article 60 – paragraph 5
5. The Commission shall be the controller of the EU database. It shall also ensure to providers and, where relevant, deployers, adequate technical and administrative support.
Amendment 2642 #
2021/0106(COD)
Proposal for a regulation
Article 61 – paragraph 2
Article 61 – paragraph 2
2. The post-market monitoring system shall actively and systematically collect, document and analyse relevant data provided by usdeployers or collected through other sources on the performance of high- risk AI systems throughout their lifetime, and allow the provider to evaluate the continuous compliance of AI systems with the requirements set out in Title III, Chapter 2. Post-market monitoring shall include continuous analysis of the AI environment, including other devices, software, and other AI systems that interact with the AI system.
Amendment 2656 #
2021/0106(COD)
Proposal for a regulation
Article 62 – paragraph 1 – introductory part
Article 62 – paragraph 1 – introductory part
1. Providers of high-riskand deployers of AI systems placed on the Union market shall report any serious incident or any malfunctioning of those systems which constitutes a breach of obligations under Union law intended to protector of fundamental rights to the market surveillance authorities of the Member States where that incident or breach occurred.
Amendment 2658 #
2021/0106(COD)
Proposal for a regulation
Article 62 – paragraph 1 – subparagraph 1
Article 62 – paragraph 1 – subparagraph 1
Such notification shall be made immediately after the provider has established a causal link between the AI system and the incident or malfunctioning or the reasonable likelihood of such a link, and, in any event, not later than 15 day72 hours after the providers becomes aware of the serious incident or of the malfunctioning.
Amendment 2666 #
2021/0106(COD)
Proposal for a regulation
Article 62 – paragraph 2
Article 62 – paragraph 2
2. Upon receiving a notification related to a breach of obligations under Union law intended to protector of fundamental rights, the market surveillance authority shall inform the national public authorities or bodies referred to in Article 64(3). The Commission shall develop dedicated guidance to facilitate compliance with the obligations set out in paragraph 1. That guidance shall be issued 123 months after the entry into force of this Regulation, at the latest.
Amendment 2671 #
2021/0106(COD)
Proposal for a regulation
Article 62 – paragraph 3
Article 62 – paragraph 3
3. For high-risk AI systems referred to in point 5(b) of Annex III which are placed on the market or put into service by providers that are credit institutions regulated by Directive 2013/36/EU and for high-risk AI systems which are safety components of devices, or are themselves devices, covered by Regulation (EU) 2017/745 and Regulation (EU) 2017/746, the notification of serious incidents or malfunctioning shall be limited to those that that constitute a breach of obligations under Union law intended to protector fundamental rights.
Amendment 2685 #
2021/0106(COD)
Proposal for a regulation
Article 64 – paragraph 1
Article 64 – paragraph 1
1. Access to data and documentation iIn the context of their activities, the market surveillance authorities shall be granted full access to the comprehensive training, validation and testing datasets used by the provider, including through application programming interfaces (‘API’) or other appropriate technical means and tools enabling remote access.
Amendment 2695 #
2021/0106(COD)
Proposal for a regulation
Article 64 – paragraph 2
Article 64 – paragraph 2
2. Where necessary to assess the conformity of the high-risk AI system with the requirements set out in Title III, Chapter 2 and upon a reasoned request, the market surveillance authorities shall be granted access to the source code of the AI system.
Amendment 2701 #
2021/0106(COD)
Proposal for a regulation
Article 64 – paragraph 5
Article 64 – paragraph 5
5. Where the documentation referred to in paragraph 3 is insufficient to ascertain whether a breach of obligations under Union law intended to protector fundamental rights has occurred, the public authority or body referred to paragraph 3 may make a reasoned request to the market surveillance authority to organise testing of the high- risk AI system through technical means. The market surveillance authority shall organise the testing with the close involvement of the requesting public authority or body within reasonable time following the request.
Amendment 2741 #
2021/0106(COD)
Proposal for a regulation
Article 66 – paragraph 1
Article 66 – paragraph 1
1. Where, within three months of receipt of the notification referred to in Article 65(5), objections are raised by a Member State against a measure taken by another Member State, or where the CommissionBoard considers the measure to be contrary to Union law, the CommissionBoard shall without delay enter into consultation with the relevant Member State and operator or operators and shall evaluate the national measure. On the basis of the results of that evaluation, the CommissionBoard shall decide whether the national measure is justified or not within 9 months from the notification referred to in Article 65(5) and notify such decision to the Member State concerned.
Amendment 2742 #
2021/0106(COD)
Proposal for a regulation
Article 66 – paragraph 2
Article 66 – paragraph 2
2. If the national measure is considered justified, all Member States shall take the measures necessary to ensure that the non-compliant AI system is withdrawn from their market, and shall inform the CommissionBoard accordingly. If the national measure is considered unjustified, the Member State concerned shall withdraw the measure.
Amendment 2756 #
2021/0106(COD)
Proposal for a regulation
Article 67 – paragraph 3
Article 67 – paragraph 3
3. The Member State shall immediately inform the CommissionBoard and the other Member States. That information shall include all available details, in particular the data necessary for the identification of the AI system concerned, the origin and the supply chain of the AI system, the nature of the risk involved and the nature and duration of the national measures taken.
Amendment 2760 #
2021/0106(COD)
Proposal for a regulation
Article 67 – paragraph 4
Article 67 – paragraph 4
4. The CommissionBoard shall without delay enter into consultation with the Member States and the relevant operator and shall evaluate the national measures taken. On the basis of the results of that evaluation, the CommissionBoard shall decide whether the measure is justified or not and, where necessary, propose appropriate measures.
Amendment 2763 #
2021/0106(COD)
Proposal for a regulation
Article 67 – paragraph 5
Article 67 – paragraph 5
5. The CommissionBoard shall address its decision to the Member States.
Amendment 2764 #
2021/0106(COD)
Proposal for a regulation
Article 67 – paragraph 5 a (new)
Article 67 – paragraph 5 a (new)
5 a. The Board shall adopt guidelines to help national competent authorities to identify and rectify, where necessary, similar problems arising in other AI systems.
Amendment 2771 #
2021/0106(COD)
Proposal for a regulation
Article 68 a (new)
Article 68 a (new)
Article 68 a Right to lodge a complaint with a supervisory authority 1. Without prejudice to any other administrative or judicial remedy, AI subjects and any natural or legal person affected by an AI system shall have the right to lodge a complaint with a supervisory authority, in particular in the Member State of his or her habitual residence, place of work or place of the alleged infringement if the subject considers that the use of a particular AI system, he or she is affected by, infringes this Regulation. Such a complaint may be lodged through a representative action for the protection of the collective interests of consumers as provided under Directive (EU) 2020/1828. 2. Complainants shall have a right to be heard in the complaint handling procedure and in the context of any investigations or deliberations conducted by the competent authority as a result of their complaint. 3. Supervisory authorities shall inform complainants or their representatives about the progress and outcome of their complaints. In particular, supervisory authorities shall take all the necessary actions to follow up on the complaints they receive and, within three months of the reception of a complaint, give the complainants a preliminary response indicating the measures they intend to take and the next steps in the procedure, if any. 4. The supervisory authority shall take a decision on the complaint, including the possibility of a judicial remedy pursuant to Article 68b, without delay and no later than six months after the date on which the complaint was lodged.
Amendment 2780 #
2021/0106(COD)
Proposal for a regulation
Article 68 b (new)
Article 68 b (new)
Article 68 b Right to an effective judicial remedy against an authority 1. Without prejudice to any other administrative or non-judicial remedy, individuals and their representatives shall have the right to an effective judicial remedy against any legally binding decision concerning them, whether by a market surveillance authority or a supervisory authority. 2. Without prejudice to any other administrative or non-judicial remedy, individuals shall have the right to a an effective judicial remedy where the authority which is competent does not handle a complaint, does not inform the individual on the progress or preliminary outcome of the complaint lodged within three months pursuant to Article 68a (3), does not comply with its obligation to reach a final decision on the complaint within six months pursuant to Article 68a (3) or its obligations under Article 65. 3. Proceedings against a market surveillance authority shall be brought before the courts of the Member State where the authority is established.
Amendment 2782 #
2021/0106(COD)
Proposal for a regulation
Article 68 c (new)
Article 68 c (new)
Article 68 c Remedies 1. Without prejudice to any available administrative or non-judicial remedy and the right to lodge a complaint with a supervisory authority pursuant to Article 68a, any natural person shall have the right to an effective judicial remedy against a provider or deployer where they consider that their rights under this Regulation have been infringed or has been subject to an AI system otherwise in non-compliance with this Regulation. 2. Any person who has suffered material or non-material harm, as a result of an infringement of this Regulation shall have the right to receive compensation from the provider or deployer for the damage suffered. Individuals and their representatives shall be able to seek judicial and non-judicial remedies against providers or deployers of AI systems, including repair, replacement, price reduction, contract termination, reimbursement of the price paid or compensation for material and immaterial damages, for breaches of the rights and obligations set out in this Regulation. 3. Providers and deployers of AI systems which may affect individuals, including AI-subjects, or consumers must provide an effective complaint handling system which enables complaints to be lodged electronically and free of charge, and ensure that complaints submitted through this system are dealt with in an efficient and expedient manner. 4. Providers and deployers of AI systems shall ensure that their internal complaint- handling systems are easy to access, user- friendly and enable and facilitate the submission of sufficiently precise and adequately substantiated complaints. 5. Where an AI system infringes this Regulation, any natural or legal person affected by said AI system may ask the supervisory authority or judicial authorities to stop the use of this system. 6. Member States shall ensure that where infringements of an AI system are imminent or likely, any affected natural or legal person may seek a prohibitory injunction under national law.
Amendment 2784 #
2021/0106(COD)
Proposal for a regulation
Article 68 d (new)
Article 68 d (new)
Amendment 2801 #
2021/0106(COD)
Proposal for a regulation
Article 70 – paragraph 1 – point a
Article 70 – paragraph 1 – point a
(a) intellectual property rights, and confidential business information or trade secrets of a natural or legal person, including source code, except the cases referred to in Article 5 of Directive 2016/943 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure apply.
Amendment 2808 #
2021/0106(COD)
Proposal for a regulation
Article 70 – paragraph 2 – introductory part
Article 70 – paragraph 2 – introductory part
2. Without prejudice to paragraph 1, information exchanged on a confidential basis between the national competent authorities and between national competent authorities and the Commission shall not be disclosed without the prior consultation of the originating national competent authority and the usdeployer when high-risk AI systems referred to in points 1, 6 and 7 of Annex III are used by law enforcement, immigration or asylum authorities, when such disclosure would jeopardise public andor national security interests.
Amendment 2816 #
2021/0106(COD)
Proposal for a regulation
Article 71 – paragraph 1
Article 71 – paragraph 1
1. In compliance with the terms and conditions laid down in this Regulation, Member States shall lay down the rules on penalties, including administrative fines, applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are properly and effectively implemented. The penalties provided for shall be effective, proportionate, and dissuasive. They shall take into particular account the interests of small-scale providers and start-up and their economic viability.
Amendment 2851 #
2021/0106(COD)
Proposal for a regulation
Article 71 – paragraph 4
Article 71 – paragraph 4
4. The non-compliance of the AI system with any requirements or obligations under this Regulation, other than those laid down in Articles 5 and 10, shall be subject to administrative fines of up to 20 000 000 EUR or, if the offender is a company, up to 46 % of its total worldwide annual turnover for the preceding financial year, whichever is higher.
Amendment 2857 #
2021/0106(COD)
Proposal for a regulation
Article 71 – paragraph 5
Article 71 – paragraph 5
5. The supply of incorrect, incomplete or misleading information to notified bodies and national competent authorities in reply to a request shall be subject to administrative fines of up to 10 000 000 EUR or, if the offender is a company, up to 24 % of its total worldwide annual turnover for the preceding financial year, whichever is higher.
Amendment 2860 #
2021/0106(COD)
Proposal for a regulation
Article 71 – paragraph 5 a (new)
Article 71 – paragraph 5 a (new)
5 a. Where trade secrets, intellectual property rights or data protection rights have been infringed in the development of an AI system, competent authorities may order the definitive deletion of that system and all associated training data and outputs.
Amendment 2924 #
2021/0106(COD)
Proposal for a regulation
Article 73 – paragraph 3 a (new)
Article 73 – paragraph 3 a (new)
3 a. Before adopting a delegated act, the Commission shall consult with the relevant institutions and stakeholders in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.
Amendment 2927 #
2021/0106(COD)
Proposal for a regulation
Article 73 – paragraph 4
Article 73 – paragraph 4
4. Once the Commission decides to draft a delegated act, it shall notify the European Parliament of this fact. This notification does not place an obligation on the Commission to adopt the said act. I As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
Amendment 2937 #
2021/0106(COD)
Proposal for a regulation
Article 81 a (new)
Article 81 a (new)
Amendment 2948 #
2021/0106(COD)
Proposal for a regulation
Article 83 – paragraph 1 – introductory part
Article 83 – paragraph 1 – introductory part
1. This Regulation shall not apply to the AI systems which are components of the large-scale IT systems established by the legal acts listed in Annex IX that have been placed on the market or put into service before [12 months afterstarting [ on the date of application of this Regulation referred to in Article 85(2)], unless the replacement or amendment of those legal acts leads toor as soon as there is a significant change in the design or intended purpose of the AI system or AI systems concerned. in which case it shall apply from [the date of application of this Regulation]
Amendment 2954 #
2021/0106(COD)
Proposal for a regulation
Article 83 – paragraph 1 – subparagraph 1
Article 83 – paragraph 1 – subparagraph 1
The requirements laid down in this Regulation shall be taken into account, where applicable, in the evaluation of each large-scale IT systems established by the legal acts listed in Annex IX to be undertaken as provided for in those respective acts.
Amendment 2959 #
2021/0106(COD)
Proposal for a regulation
Article 83 – paragraph 2
Article 83 – paragraph 2
2. This Regulation shall apply to the high-risk AI systems, other than the ones referred to in paragraph 1, that have been placed on the market or put into service beforefrom [date of application of this Regulation referred to in Article 85(2)], only if, from that date, those systems are subject to significant changes in their design or intended purpose.
Amendment 2963 #
2021/0106(COD)
Proposal for a regulation
Article 83 a (new)
Article 83 a (new)
Article 83 a AI systems deployed in the context of employment Member States may, by law or by collective agreements, decide to prohibit or limit the use of certain AI systems in the employment context or provide for more specific rules for AI systems in employment, in particular for the purposes of the recruitment, the performance of the contract of employment, including discharge of obligations laid down by law or by collective agreements, management, planning and organisation of work, equality and diversity in the workplace, health and safety at work, protection of employer's or customer's property and for the purposes of the exercise and enjoyment, on an individual or collective basis, of rights and benefits related to employment, and for the purpose of the termination of the employment relationship.
Amendment 2969 #
2021/0106(COD)
Proposal for a regulation
Article 84 – paragraph 1
Article 84 – paragraph 1
1. The Commission shall assess the need for amendment of the list in Annex III , including the extension of existing area headings or addition of new area headings, once a year following the entry into force of this Regulation.
Amendment 2980 #
2021/0106(COD)
Proposal for a regulation
Article 84 – paragraph 3 a (new)
Article 84 – paragraph 3 a (new)
3 a. Within [two years after the date of application of this Regulation referred to in Article 85(2)] and every two years thereafter, the Commission shall evaluate the impact and effectiveness of the Regulation with regards to the resource and energy use, waste production and other environmental impact of AI systems and evaluate the need for proposing legislation to regulate the resource and energy efficiency of AI systems and related ICT systems in order for the sector to contribute to EU climate strategy and targets.
Amendment 2987 #
2021/0106(COD)
Proposal for a regulation
Article 84 – paragraph 6
Article 84 – paragraph 6
6. In carrying out the evaluations and reviews referred to in paragraphs 1 to 4 the Commission shall take into account the positions and findings of the Board, of the European Parliament, of the Council, and of other relevant bodies or sources, including from academia and civil society.
Amendment 2992 #
2021/0106(COD)
Proposal for a regulation
Article 84 – paragraph 7
Article 84 – paragraph 7
7. The Commission shall, if necessary, submit appropriate proposals to amend this Regulation, in particular taking into account the effect of AI systems on fundamental rights, equality, and accessibility for persons with disabilities, developments in technology and in the light of the state of progress in the information society.
Amendment 2995 #
2021/0106(COD)
Proposal for a regulation
Article 84 – paragraph 7 a (new)
Article 84 – paragraph 7 a (new)
7 a. By three years from the date of application of this Regulation at the latest, the Commission shall carry out an assessment of the enforcement of this Regulation and shall report it to the European Parliament, the Council and the European Economic and Social Committee, taking into account the first years of application of the Regulation. On the basis of the findings that report shall, where appropriate, be accompanied by a proposal for amendment of this Regulation with regard to the structure of enforcement and the need for an EU agency to resolve any identified shortcomings.
Amendment 3003 #
2021/0106(COD)
Proposal for a regulation
Article 85 – paragraph 2
Article 85 – paragraph 2
2. This Regulation shall apply from [246 months following the entering into force of the Regulation].
Amendment 2 #
2020/2262(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls the importance, for a properly functioning and competitive internal market, of effective better law- making tools that take subsidiarity and proportionality fully into account when drawing up scientifically based and balanced legislationtransparent, balanced, clear and comprehensive legislation in order to allow each parties to understand their rights and obligations, including by designing appropriate reporting, monitoring and evaluation requirements, particularly for consumers and SMEs;
Amendment 13 #
2020/2262(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Reiterates that internal market objectives such as improving competitiveness, digitalisation, sustainability and consumer protection should be underpinned by the enhanced use of scrutiny instruments such as the regulatory fitness and performance programme (REFIT) and the Regulatory Scrutiny Board; highlights that such instruments should take into consideration economic, environmental, gender-related and social impacts in an integrated and balanced way and use both qualitative and quantitative analyses, as well as address the costs of non- harmonisation at EU level;
Amendment 14 #
2020/2262(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses furthermore that impact assessments are a tool to help reaching well-informed decisions in the legislative decision-making process and must not lead to undue delays in decision-making or hinder political decisions in a context of green and digital transition to answer global challenges; reiterates that it is crucial to ensure that any use of co- regulation or self-regulation is always consistent with EU core principles such as the precautionary principle, EU legislation in the field, and that criteria of transparency and accountability are met; calls for these mechanisms not to be applicable where consumer rights and safety are at stake;
Amendment 16 #
2020/2262(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Underlines that SMEs in particular will continue to face serious repercussions due to the COVID-19 pandemic and need more flexibilitytargeted support to react quickly to the ever-changing demands of our economy; reiterates that cutting red tapesimplifying administrative processes so as to avoid unjustified burden in this respect, the ‘think small first’ principle and fostering a society that values entrepreneurship need to be priorities within internal market legislation while ensuring a high level of consumer protection;
Amendment 24 #
2020/2262(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Member States’ authorities at national and regional level, and on relevant stakeholders to become more closely involved at an early stage of the decision-making process, with subsidiarity and proportionality checks and administrative burden assessments of EU legislat, such as consumer organisations, civil society, business representatives and environmental organisations, to become more closely involved at an early stage of the decision-making process to achieve clear, transparent and efficient obligations and stresses therefore the importance of participating in public consultations organised by the Commission; calls further on the Member States to ensure the swift and consistent transposition, implementation and enforcement of legislation, and to avoid ‘gold-plating’ that can undermine the smooth functioning of the internal market;
Amendment 27 #
2020/2262(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses that, while additional unnecessary administrative burdens should be avoided in designing, transposing and implementing EU acts, this should not be translated into deregulation or “no-regulation” nor prevent Member States from maintaining or taking more ambitious measures and adopting higher social, environmental and consumer protection standards in cases where only minimum standards are defined by Union law;
Amendment 35 #
2020/2262(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. WarnNotes that legislation which increasesresulting in unnecessary administrative burdens greatlycould affects SMEs and consumers by hindering competitiveness and preventing the single market from unlocking its full potential; calls on the Commission; calls on the Commission to take better into account the impact of forthcoming legislation and administrative initiatives on SMEs, with a view to providing evideclear and balanced on the added value of EU action, and its costs and benefits, to strengthen the SME fitness check.bligations while identifying targeted support to be provided, and to implement the “think-small first principle” in its policy making to assess the impact of forthcoming legislation on SMEs;
Amendment 40 #
2020/2262(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Recalls that transparency and publicity of an ongoing legislative procedure are inherent to the legislative process and can therefore be applied to the access of documents for trilogues as stated by the CJEU in its case-law; adds furthermore that openness and transparency confer greater legitimacy and confidence in the democratic legislative process of the European Union;
Amendment 1 #
2020/2077(INI)
Draft opinion
Recital A
Recital A
A. whereas the transition to a resource-efficient and climate neutral economy based on the principles of a Circular Economy respects the planetary boundaries by shifting away from the dependency on the use of resources and raw materials, mass consumption and waste production;
Amendment 2 #
2020/2077(INI)
Draft opinion
Recital B
Recital B
B. whereas a Circular Economy aims at closing and slowing material, product and resources loops by reusing, sharing, repairing, upgrading, recycling, fostering interoperability and a longer lifetime of products;
Amendment 3 #
2020/2077(INI)
Draft opinion
Recital C
Recital C
C. whereas closed material loops and shorter supply chains will eventually lead to value added within the EU's internal market, to innovation, employment and competitiveness while ensuring a high level of consumer protection and sustainability;
Amendment 4 #
2020/2077(INI)
Draft opinion
Recital D
Recital D
D. whereas the single market is a powerful tool that must be used to develop sustainable and circular products and technologies and should reflect environmental, economic, social and ethical considerations;
Amendment 5 #
2020/2077(INI)
Draft opinion
Recital E
Recital E
E. whereas investing in circular production patterns and in the reuse and repair sector is a source of economic and social opportunities, creates jobs and drives industrial competitiveness;
Amendment 6 #
2020/2077(INI)
Draft opinion
Recital F
Recital F
F. whereas the COVID19 crisis has demonstrated the need for a resilient economy based on sustainable and shorter supply chains;
Amendment 7 #
2020/2077(INI)
Draft opinion
Recital G
Recital G
G. whereas within the framework of the European Green Deal, ambitious legislation as outlined in the Circular Economy Action Plan released in March 2020 should aim to reduce the total environmental and resource footprint of EU production and consumption, with resource efficiency, zero pollution, non- exposure to harmful and toxic substances, and waste prevention as key priorities;
Amendment 12 #
2020/2077(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Considers that producing and placing sustainable products on the internal market should be the norm and calls for a horizontal Sustainable Product Framework Directive setting mandatory minimum requirements at design, production and marketing stage for durability, interoperability, reparability, upgradability, reusability and recyclability for all products alongside further product- specific requirements; calls furthermore for such a comprehensive legislative proposal to be delivered timely and not to be further postponed in order to contribute to the economy recovery of the EU subsequent to the COVID19-crisis;
Amendment 20 #
2020/2077(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Highlights that ensuring non- exposure to chemicals and other harmful toxic substances is a pre-condition to a safe circular economy; Calls therefore on the Commission to take regulatory measures to eliminate chemicals and toxic substances from consumer products to ensure the highest level possible of safety for consumers;
Amendment 32 #
2020/2077(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Reiterates its call to the Commission to implement the provisions of Directive 2014/53/EU on radio- equipment by adopting without delay the delegated act to introduce a common charger for mobile phones, tablets, e- books readers, and other small- and medium electronic devices as part of a global strategy to reduce electronic waste; asks the Commission to develop in parallel a decoupling strategy that ensures consumers are not obliged to buy new chargers with new devices to allow for greater environmental benefits;
Amendment 39 #
2020/2077(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Welcomes the Commission’s intention to empower consumers to further engage in sustainable consumption practices; calls for mandatory labelling on product durability, i.e. expected product’s lifetime, and reparability, and the development of a repair score, in addition to minimum information requirements both at advertising and pre-contractual stage; asks for both the legal guarantee rights and the reversed burden of proof rules to be extended based on the lifespan of products under Directive 2019/771, the introduction of direct producer liability, and for legislative measures to ban practices resulting in premature obsolescence vis-a-vis the seller to incentivise manufacturers to produce more sustainable and durable goods, and for legislative measures to ban practices which curtail the life of a product, such as preventing repairs, introducing a design fault or slowing performance of a device, resulting in premature obsolescence by adding those to the Annex I of the Directive 2005/29/EU;
Amendment 52 #
2020/2077(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Recommends further legislative measures to be adopted to tackle misleading green claims towards consumers by setting up procedures to substantiate them before a product is placed on the market, as well as by establishing a public European register listing authorised and banned environmental claims;
Amendment 58 #
2020/2077(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Supports the establishment of an EU-wide ‘right to repair’; calls, in this context, for measures to provide unrestricted and free access to repair and maintenance information and to spare parts to all market participants, including to ensure those parts are priced the same way to authorized and independent repairers as well as consumers, to define a mandatory minimum period of time for the availability of spare parts and/or updates, a of software based on the expected lifetime of a product, a reasonable maximum time- limit for their delivery, and for repair to be given priority under the legal guarantee regim expressed in working days that cannot be longer than seven working days, and for repair to be given priority under the legal guarantee regime; adds that an effective right to repair must ensure affordable repair for consumers, also by establishing measures to impose a cap on the price of spare parts that should not exceed 30% of the product’s price;
Amendment 87 #
2020/2077(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Underlines the importance of transparent and reliable information on product characteristics for consumers, businesses and market surveillance authorities, and welcomes the Commission’s intention to develop a digital product passport; calls, in this regard, for mandatory information requirements to apply throughout the supply chain, covering not only aspects such as durability and reparability, but also social, working and environmental conditions;
Amendment 100 #
2020/2077(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. CallsRegrets that public authorities do not make use of the existing possibilities for green and social procurement under the current legislative framework and still apply too often the lowest price criterion only; calls therefore for a revision of EU public procurement legislation introducing mandatory minimum targets, through defining a certain percentage for procurement based on environmental, social and ethical criteria, and introducing a hierarchy of award criteria, together with sector-specific targets., including for the purchase of second-hand, recycled and reconditioned products; asks also public authorities to lead by example by not purchasing single-use products; Adds that sustainable procurement should become the default choice with a “comply or explain” clause allowing for exemptions only on objective and justified grounds;
Amendment 3 #
2020/2076(INI)
Draft opinion
Recital A
Recital A
A. whereas a domestic industry is a mogenerator of growthdevelopment, innovation and social well-being within the EU;
Amendment 29 #
2020/2076(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that the EU’s industrial future is linked to an alignment of the economy with the principles of sustainable development and achieving the EU climate neutrality by 2040, therefore contributing to the objectives of the Paris Agreement, SDGs, and the European Green Deal, a road map towards a new growthsustainable development policy for the EU, bringing citizens, cities and regions together, and allowing for a just transition; strongly believes that new Industrial Strategy for Europe should be fully aligned with the new European Climate Law;
Amendment 40 #
2020/2076(INI)
Draft opinion
Paragraph 1 – subparagraph 1 (new)
Paragraph 1 – subparagraph 1 (new)
Regrets that there is still no new European Strategy in place that would replace the Europe 2020 Agenda;
Amendment 43 #
2020/2076(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that investment in innovative means of production, manufacturing, research, education and re-skilling/up- skilling should foster cohesion amongst all EU regions, allowing them to accomplish fair and inclusive economic growth, inclusive, gender-equal and sustainable economic prosperity; therefore the local development and local economies (Économie de proximité) should be strongly supported as well;
Amendment 55 #
2020/2076(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that in supporting SMEs through the European Structural and Investment Funds (ESIF) the goal should be, inter alia, an innovative and smart economic transformation, a greener and ecological transition, to a green, energy and resource efficient and lowzero carbon EU, as well as an EU which is more connected and aims to ensure long- term and sustainable employment for all genders based on the partnership principle;
Amendment 69 #
2020/2076(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Reiterates that the public sector has an important new role to play in facilitating a just transition by promoting a green and fair energy transition without fossil fuels, green and blue investments, the circular economy, energy and resource efficiency, as well as climate adaptation, mitigation and risk prevention in all EU regions; stresses in that regard the importance of the commitments made by the Paris Agreement and achieving the EU climate and energy targets and a climate-neutral EU by 2040;
Amendment 89 #
2020/2076(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes that the EU’s cohesion policy needs adequate significant increase of financing from the ESIF to foster economic, social and territorial cohesion in all EU regions by helping to reduce economic and social disparities, achieve positive convergence and foster sustainable development, halting and reversing biodiversity loss; furthermore, strongly supports an integrated approach and gearing up all EU policies toward the objective of climate-neutral EU by 2040;
Amendment 91 #
2020/2076(INI)
Draft opinion
Paragraph 5 – subparagraph 1 (new)
Paragraph 5 – subparagraph 1 (new)
Calls for a significant increase of resources if Cohesion policy is to become a substantial tool for financing the current crisis and recovery that will inevitably lead to diminished resources available to address other most urgent regional needs such as fight against global warming and climate change, thus contributing to the Green Deal, Just Transition and the Paris Agreement objectives; in that regard points out to the lessons learnt from the 2008/2009 crisis that show how much it is worth to invest in the European Green Deal;
Amendment 98 #
2020/2076(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Believes that the EU should be attentive to preserving and developing an industrial strategy and production which ensure European strategic autonomy, sustainability, as well as the availability and delivery of essential products and equipment for citizens if the need arises in the single market; strongly believes in an urgent need to shift our economy from linear to circular and calls the Commission to start changing the policies from growth paradigm to post-growth and sustainable development thus putting the Economic and Monetary Union on a sustainable footing;
Amendment 111 #
2020/2076(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Considers that ESIF financial support should prioritise investments in new or transformed industrial production in carbon-intensive regions in order to facilitate achieving the goals of a just transition.n ecological, just and gender-equal transition; calls on shifting any kind of investments towards sustainable investment; requires that ESI Funds have to be used for sustainable mobility, eco- entrepreneurs, green infrastructure and phasing out fossil fuels to avoid doing any harm on the environment and climate;
Amendment 119 #
2020/2076(INI)
Draft opinion
Paragraph 7 – subparagraph 1 (new)
Paragraph 7 – subparagraph 1 (new)
Stresses the importance of fostering synergies between the European Structural and Investment Funds (ESIF) and different EU programmes, namely Horizon Europe, in order to support new innovative technologies and solutions that would replace the use of fossil fuels;
Amendment 120 #
2020/2076(INI)
Draft opinion
Paragraph 7 – indent 1 (new)
Paragraph 7 – indent 1 (new)
- Calls for more direct funding for European cities as important drivers of recovery and tackling climate-related issues;
Amendment 121 #
2020/2076(INI)
Draft opinion
Paragraph 7 – indent 2 (new)
Paragraph 7 – indent 2 (new)
- Strongly believes that the new long-term strategy for Europe’s industrial future should clearly include the phasing out date for fossil fuels and its direct and indirect subsidies.
Amendment 4 #
2020/2035(INL)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
— having regard to the Commission communication of 12 November 2020 entitled ‘LGBTIQ Equality Strategy (2020-2025)’,
Amendment 5 #
2020/2035(INL)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
— having regard to the Commission’s Code of Conduct on Countering Illegal Hate Speech Online, launched in May 2016 and to its fifth evaluation round, resulting in the document ‘Factsheet – 5th monitoring round of the Code of Conduct’,
Amendment 10 #
2020/2035(INL)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
— having regard to its resolution of 10 June 2021 on promoting equality in science, technology, engineering and mathematics (STEM) education and careers,
Amendment 18 #
2020/2035(INL)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
— having regard to its resolution of 11 March 2021 on the declaration of the EU as an LGBTIQ Freedom Zone 1a, _________________ 1a P9_TA(2021)0089
Amendment 20 #
2020/2035(INL)
Motion for a resolution
Citation 7 b (new)
Citation 7 b (new)
— having read to its resolution of 12 September 2017 on the proposal for a Council decision on the conclusion, by the European Union, of the Council of Europe Convention on preventing and combating violence against women and domestic violence,
Amendment 36 #
2020/2035(INL)
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
— having regard to the UN reports of Special Rapporteurs on violence against women, in particular the report of 18 June 2018 on online violence against women (A/HRC/38/47), the report of 6 May 2020 on combating violence against women journalists (A/HRC/44/52) and the report of 24 July 2020 on Intersection between the coronavirus disease (COVID- 19) pandemic and the pandemic of gender-based violence against women, with a focus on domestic violence and the “peace in the home” initiative (A/75/144),
Amendment 38 #
2020/2035(INL)
Motion for a resolution
Citation 10 b (new)
Citation 10 b (new)
Amendment 76 #
2020/2035(INL)
Motion for a resolution
Recital B
Recital B
B. whereas violence against women and other forms of gender-based violence are widespread in the Union and are to be understood as an extreme form of discrimination; whereas gender-based violence is rooted in patriarchal structures, the unequal distribution of power between women and men, in sexism and gender stereotypes, which have led to domination over and discrimination against women and LGBTI people by men;
Amendment 86 #
2020/2035(INL)
Motion for a resolution
Recital C
Recital C
C. whereas violence against women and girls and gender-based violence present different but not mutually exclusive forms and manifestations; whereas those different forms of violence are often interlinked and inseparable from offline violence because they can precede, accompany or continue them;
Amendment 92 #
2020/2035(INL)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas gender-based violence has increased during the COVID-19 pandemic; whereas the greater use of the internet during the COVID-19 pandemic increases online and ICT-facilitated gender-based violence;
Amendment 100 #
2020/2035(INL)
Motion for a resolution
Recital D
Recital D
D. whereas among the most common types of gender-based cyberviolence are cyber harassment, cyber stalking, cyber bullyincluding the accessing, trollaking, online hate speech, flaming, doxxing and image- based sexual abuse are among the most common types of gender-based cyberviolencesharing as well as the creation and manipulation of data or images, including intimate data, without consent, and hate speech online, coercive control by digital surveillance and control of the communications via stalkerware and spyware apps; whereas some Member States have adopted specific legislations on some of thoese particularspecific forms only;
Amendment 119 #
2020/2035(INL)
Motion for a resolution
Recital E
Recital E
E. whereas, despite a growing awareness of the phenomenon there is a lack of comprehensive and comparable disaggregated data on all forms of gender- based cyberviolence, the lack of collection of exhaustive and recent data and the underreporting of case; whereas despite a growing awareness of this phenomenon, the lack of comprehensive and comparable disaggregated data collection on all forms of gender-based cyberviolence prevents an accurate assessment of its prevalence; whereas the European added value assessment onlack of comparable data is also the result of a lack of harmonisation in the definitions linked to gender-based cyberviolence estimates that between 4 and 7% of women in the Union have experienced cyber harassment during the past 12 months, while between 1 and 3% have experienced cyber stalking; whereas comprehensive and comparable disaggregated data is essential to document all forms of gender-based violence and its root causes;
Amendment 124 #
2020/2035(INL)
Motion for a resolution
Recital E a (new)
Recital E a (new)
E a. whereas gender-based violence continues to be underreported in the EU; whereas by equipping police officers with the soft skills to carefully listen, understand and respect all victims of all forms of gender-based violence they can help to address underreporting, re- victimisation and create a safer environment for survivors of gender- based violence; whereas ensuring accessible reporting procedures and mechanisms, as well as remedies, is indispensable to promote a safer environment for all survivors of gender- based violence;
Amendment 127 #
2020/2035(INL)
Motion for a resolution
Recital E b (new)
Recital E b (new)
E b. whereas the EAVA on gender- based cyberviolence estimates that 4 to 7% of women in the EU have experienced cyber harassment during the past 12 months, while between 1 and 3%have experienced cyber stalking; whereas the World Wide Web Foundation survey conducted in 2020 among respondents from 180 countries revealed that 52 % of young women and girls have experienced online abuse such as sharing of private images, videos or messages without their consent, mean and humiliating messages, abusive and threatening language, sexual harassment and false content, and 64 % of respondents stated they know someone who have experienced it; whereas according to this survey, women are more skeptical with regard to tech companies using their data responsibly;
Amendment 134 #
2020/2035(INL)
Motion for a resolution
Recital F
Recital F
F. whereas women can be targeted by cyberviolence either individually or as members of a specific community; whereas intersectional forms of discriminatiointersectional forms of discrimination can exacerbate the consequences of gender-based cyberviolence; whereas women and girls belonging to ethnic or religious communities, racialized women and girls, women can exacerbate the consequences of gender-based cyberviolenced girls with disabilities, LGBTI people or teenagers, are bigger targets to online attacks;
Amendment 143 #
2020/2035(INL)
Motion for a resolution
Recital G
Recital G
G. whereas some women, such as politicians, women in public positions, journalists, activists, artists, bloggers and human rights defenders, are particularly impacted by gender-based cyberviolence, and whereas this is causing not only psychological harm and suffering to them but also deterring them from participating digitally in political, social and cultural life;
Amendment 148 #
2020/2035(INL)
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. whereas gender-based cyberviolence often led to self-censorship and this situation can have a detrimental impact on the professional lives and reputations of survivors of gender-based cyberviolence, particularly of women journalists, politicians, activist, artists, bloggers and human rights defenders; whereas the violent and gendered nature of the threats makes that they often resort to the use of pseudonyms, maintain low online profiles, decide to suspend, deactivate or permanently delete their online accounts, or even to leave their profession entirely;
Amendment 153 #
2020/2035(INL)
Motion for a resolution
Recital H
Recital H
H. whereas gender-based cyberviolence impacts on mental and physical health, on the full exercise of fundamental rights and even on democracy, and has consequences on society, including an economic impact;
Amendment 181 #
2020/2035(INL)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the Union’s Gender Equality Strategy 2020-2025 put forward by the Commission as a tool to combat violence against women in all their diversity and gender-based violence and to tackle the root causes of it;
Amendment 185 #
2020/2035(INL)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Highlights that systemic and social discrimination, including gender, racial and economic discrimination, are reproduced and magnified online; recalls that these discriminations intersect, resulting in more extreme consequences for migrant women, women from ethnic or religious communities and racialized groups, women with functional diversity, LGBTI people and teenagers; recalls that structural discrimination, patriarchal structures and the unequal distribution of power are some of the main root causes of gender-based violence; underlines the urgency to tackle the root causes of gender-based violence and calls on the Commission to take this approach into account in its future proposal;
Amendment 192 #
2020/2035(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that the COVID-19 pandemic has increased the risk of domestic violence and abuse, which can be physical, sexual, psychological or economic, because victims are forced to spend more time with perpetrators and they tend to be more isolated from support networks; calls onurges Member States to increase the assistance they offer through shelters, helplines and support services to protect victims and facilitate the reporting of gender-based violence;
Amendment 204 #
2020/2035(INL)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Underlines the transnational nature of gender-based cyberviolence,all human rights violations, including gender-based cyberviolence; stresses that gender-based cyberviolence has additional transnational implications considering the cross-border dimension of the use of ICT;
Amendment 212 #
2020/2035(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Member States to promote awareness -raising, to implement national criminal justice laws and specific policies and programmes to prevent gender-based cyberviolence and to fight against impunity for those who commit such acts; adequate national legislation, including criminal justice legislation, as well as specific policies and programmes to prevent gender-based cyberviolence such as educational programmes to address the root causes of gender-based violence in order to remove gender stereotypes and change social and cultural attitudes and programmes on digital education, literacy and skills, as well as policies and programmes to support and ensure reparation for the victims, including measures and education/trainings for justice officials and police forces for a better care of the victims of gender-based cyberviolence who decide to file complaints and face many obstacles when they want to do so, and to fight against impunity for those who commit such acts, including by revising and amending the current national provisions related to restraining orders that do not include breaching restraining orders through cyberviolence;
Amendment 223 #
2020/2035(INL)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Highlights that the failure to address the lack of trust and confidence in the law enforcement authorities by survivors of gender-based violence is an important contributor for underreporting; calls on the Member States to invest in training and capacity building of police officers to equip them with the soft skills to carefully listen, understand and respect all survivors of gender-based violence to address underreporting, re-victimisation and create a safer environment for survivors; recalls the need to ensure accessible and safe reporting procedures and mechanisms, as well as remedies for survivors of gender-based violence; urges the Commission and the Member States to step up efforts in this direction;
Amendment 235 #
2020/2035(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Urges the Commission and the Member States to establish a reliable system for regularly collecting statistical disaggregated and comparable data on gender-based violence, including cyberviolence; recalls that comprehensive disaggregated and comparable data would help to measure the scale of the phenomenon and to find solutions; calls on the Member States to collect and provide the relevant data when requested, including to Eurostat; welcomes the Commission’s commitment to carry out a EU survey on gender-based violence with the results to be presented in 2023;
Amendment 249 #
2020/2035(INL)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Notes that inter alia stress, concentration problems, anxiety, panic attacks, low self-esteem, depression, post- traumatic stress disorder, lack of trust and lack of sense of control, and fear or even suicidal thoughts, caused by cyberviolence, can have an impact on mental health;
Amendment 252 #
2020/2035(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Underlines that gender-based cyberviolence generates psychological, social and economic consequencesimpacts; notes that gender-based cyberviolence affects women and girls in different ways as a consequence of overlapping forms of discrimination based, on top of their gender, on their sexual orientation, race, religion or disability, among other, and recalls that an intersectional approach is crucial to understanding these specific forms of discrimination;
Amendment 260 #
2020/2035(INL)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Member States to give particular attention to women and girls belonging to groups put in a vulnerable situation as regards gender-based cyberviolence and to develop specific free of charge support services and educational programmes, including emergency and long-term support, such as psychological, medical, legal, practical and socio-economic support, and programmes, particularly on digital education, literacy and skills, dedicated to those specific groups;
Amendment 267 #
2020/2035(INL)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Is concerned that most perpetrators of gender-based violence are men; underlines the essential role of education to promote and address the equal status and power relation between men and women, boys and girls, as well as to eliminate gender stereotypes, biases and patriarchal gender norms; is further concerned that men’s violence against women often starts with boy’s violence against girl’s, and considers that measures to address this phenomenon must start at an early age;
Amendment 269 #
2020/2035(INL)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Deplores the fact that gender-based cyberviolence reduces the participation of women in publicand LGBTI people from public life and debate which, as a consequence, erodegrades theour democratic principles of the Unioncy and prevents women and LGBTI people to fully enjoy their fundamental rights and freedoms; further deplores that gender-based cyberviolence also leds to self-censorship; regrets that thatis ‘silencing effect’ has been particularly aimed at targeting women activists, journalists and, politicians, human rights defenders, artists and bloggers, with the intention of discouraging the presence of women in the political life and decision- making spheres; is concerned that the chilling effect caused by gender-based cyberviolence is often spilled over into reality offline;
Amendment 281 #
2020/2035(INL)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Recallgrets the fact that the gender gap exists across all digital technology domains, including new technologies such as AI, but is especially concerned about the gender gap in the field of technological innovation and research; reminds that gender stereotypes are at the core of gender discrimination and are one of the main barriers to the entry of women and girls’ entry into the ICT and digital fields; stresses the need to tackle the gender gap in the ICT sector through education,urges the Commission and the Member States to tackle the gender gap particularly in sectors such as the ICT and STEM, notably through facilitating the access of women and girls to education and academia in these sectors, and promoting awareness- raising campaigns and the promotion of the representation of women in these sectors, in particular in decision-making positions;
Amendment 291 #
2020/2035(INL)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Points out that discourses around information and communication technology, participation, access rights and safety in technology and online are often not informed by a narrative of gender-based violence despite its prevalence;
Amendment 292 #
2020/2035(INL)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11 b. Takes note of the Code of Conduct on Countering Illegal Hate Speech Online, promoted by the Commission, and of its fifth evaluation round, which found that most of the IT companies should improve their feedback to users’ notifications; recalls that civil society organisations should be included in evaluations and reviews of the Code of Conduct; highlights that the IT companies participating in the Code of Conduct only review requests for removal against their terms and conditions and community guidelines; acknowledges that while IT companies could have a supporting role, a wide margin of discretion to determine what violates their terms and conditions has been left to them;
Amendment 297 #
2020/2035(INL)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Underlines the need to protect, empower, support and ensure reparation for victims of gender-based cyberviolence; calls on the Member States to ensure quality training for practitioners and other professionals, including for social services staff, law enforcement officers and justice officials, in cooperation with civil society organizations, to increase the resources to support victims of gender- based cyberviolence and to establish a clear protocol to aid victims of gender- based cyberviolence, as well as to avoid re-victimization; further calls on the Member States to ensure that the training for all practitioners includes a gender- responsive approach;
Amendment 345 #
2020/2035(INL)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Requests that the Commission submit, without undue delay, on the basis of Article 83(1), first subparagraph, TFEU, a proposal for an act establishingthat includes measures to combat gender-based cyberviolence following, the recommendations set out in the Annex hereto; indicates that that proposal should not undermine the efforts to identify gender-based violence as a new area of particularly serious crime with a cross- border dimension pursuant to Article 83(1), third subparagraph, TFEU or any derivative legal acts onand a holistic directive to prevent and combat gender- based violence, both online and offline, as requested by Parliament in its previous calls;
Amendment 347 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 1 – paragraph 1
Annex I – Recommendation 1 – paragraph 1
The objective of the directive should be to establishis proposal is to include in the upcoming directive on combating gender-based violence minimum rules concerning the definition of the crime of gender-based cyberviolence and related sanctions, to establish measures to promote and support the action of Member States in the field of prevention of that crime and measures to protect, support and ensure reparation for the victims.
Amendment 349 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 2 – subheading -1 (new)
Annex I – Recommendation 2 – subheading -1 (new)
Gender-based cyberviolence is a form of gender-based violence and is defined as any act of gender-based violence that is committed, assisted or aggravated in part or fully by the use of ICT, such as mobile phones and smartphones, the Internet, social media platforms or email, against a woman because she is a woman or affects women disproportionately, or against LGBTI people because of their gender identity, gender expression or sex characteristics, and results in, or is likely to result in physical, sexual, psychological or economic harm, including threats to carry out such acts, coercion or arbitrary deprivation of liberty, in public or private life;
Amendment 350 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 2 – paragraph 2
Annex I – Recommendation 2 – paragraph 2
Aside from that, measures that aim to prevent gender-based cyberviolence and to assisprotect and support victims could be established on the basis of Article 83(1) TFEU because they are accessory to the main objective of the directive.
Amendment 352 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 2 – paragraph 3
Annex I – Recommendation 2 – paragraph 3
The scope should cover any form of gender-based violence committed, assisted or aggravated in part or fully by the use of ICT, such as mobile phones and smartphones, the internet, social media platforms or email, against a woman because she is a woman, or affects women disproportionately or against LGBTI people on the grounds of gender identity, gender expression or sex characteristics.
Amendment 355 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 2 – paragraph 4 – introductory part
Annex I – Recommendation 2 – paragraph 4 – introductory part
Although it is not possible to present an exhaustive typology of the different forms of gender-based cyberviolence that affect women and LGBTI people on the grounds of gender identity, gender expression or sex characteristics, because it is constantly evolving and new forms are emerging, the following types should be mentioned and defined:
Amendment 357 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 2 – paragraph 4 – indent 3
Annex I – Recommendation 2 – paragraph 4 – indent 3
- ICT-related violations of privacy (including the accessing, sharing, creation and manipulation of private data or images, including intimate data without consent,specifically including image-based sexual abuse and, which refers to the non- consensual disclosure ofcreation and/or distribution of private sexual images, doxxing, and identity theft);
Amendment 360 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 2 – paragraph 4 – indent 3 a (new)
Annex I – Recommendation 2 – paragraph 4 – indent 3 a (new)
- Recording and sharing images of rapes or other forms of sexual assault,
Amendment 362 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 2 – paragraph 4 – indent 5
Annex I – Recommendation 2 – paragraph 4 – indent 5
- threats (including direct threats and, threats of violenceand calls to violence, such as rape threats, extortion, sextortion, blackmail);
Amendment 365 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 2 – paragraph 4 – indent 6
Annex I – Recommendation 2 – paragraph 4 – indent 6
- sexist hHate speech (including: posting and sharing violent content, use of sexist or gendered comments and insults, abusingcontent inciting to violence or hatred directed against women for expressing their own views and for turning away sexual advanceLGBTI people on the grounds of their gender identity, gender expression or sex characteristics);
Amendment 368 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 2 – paragraph 4 – indent 11
Annex I – Recommendation 2 – paragraph 4 – indent 11
Amendment 372 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 2 – paragraph 5
Annex I – Recommendation 2 – paragraph 5
The personal scope of the proposal should cover all victims of gender-based cyberviolence, with a specific recognition of intersectional forms of discrimination and victims participating in public life., which include the following: - Women and girls in all their diversity - LGBTI people on the grounds of gender identity, gender expression or sex characteristics,
Amendment 375 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – indent 1
Annex I – Recommendation 3 – paragraph 1 – indent 1
- awareness-raising and educational programmes involving all relevant actors and stakeholders to address the root causes of gender-based cyberviolence, within the general context of gender-based violence in order to bring about changes in social and cultural attitudes and remove gender stereotypes, while promoting responsible behaviour in the online space, with special regard ton social media platforms, and increasing literacy about the safe use of the internet;
Amendment 377 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – indent 2
Annex I – Recommendation 3 – paragraph 1 – indent 2
- research on gender-based cyberviolence (including causes, prevalence, impact);, victims, perpetrators, manifestations, channels and need for support services), including studies and adjustment of crime statistics of gender based cyberviolence to derive legislative and non-legislative needs. Research on gender-based cyberviolence should include data collection that is disaggregated, intersectional in perspective and holistic in scope
Amendment 381 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – indent 3
Annex I – Recommendation 3 – paragraph 1 – indent 3
- Mainstream digital education, literacy and skills, including in the school curricula, in order to promote an enhanced understanding of digital technologies and the empowerment of users, to improve digital inclusion, to ensure the respect for fundamental rights, to eliminate any gender inequality in access to technologies and to ensure gender diversity in the technology sector, particularly in the development of new technologies;
Amendment 382 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – indent 3 a (new)
Annex I – Recommendation 3 – paragraph 1 – indent 3 a (new)
- Facilitate the access of women to education and academia in all digital technology domains in order to remove the gender gap.
Amendment 383 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – indent 3 b (new)
Annex I – Recommendation 3 – paragraph 1 – indent 3 b (new)
- Ensure gender diversity in the tech sectors, such as ICT and STEM, particularly in the development of new technologies, including AI, and notably in decision-making positions.
Amendment 384 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – indent 3 c (new)
Annex I – Recommendation 3 – paragraph 1 – indent 3 c (new)
Amendment 385 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – indent 3 d (new)
Annex I – Recommendation 3 – paragraph 1 – indent 3 d (new)
- Provide educational programmes to promote and address the equal status and power relation between men and women, boys and girls, as well as to eliminate gender stereotypes, biases and patriarchal gender norms.
Amendment 386 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – indent 3 e (new)
Annex I – Recommendation 3 – paragraph 1 – indent 3 e (new)
- Promote and share best practices in access to justice, sentencing and remedies that have a gender-responsive approach.
Amendment 388 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – indent 5
Annex I – Recommendation 3 – paragraph 1 – indent 5
- support to civil society organisations working in the field of prevention of gender-based violence, including by providing financing support, as well as recognition of these organisations by ensuring that victims are referred to these by authorities and law enforcement.
Amendment 389 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – indent 6
Annex I – Recommendation 3 – paragraph 1 – indent 6
- promotion of focused and continuous training for practitioners and other professionals, including in social services andstaff, law enforcement agencies; officers, justice officials and other relevant actors to ensure that the causes and impacts of gender-based cyberviolence are understood and victims are treated appropriatedly, and ensure that training for all practitioners has a gender- responsive approach.
Amendment 391 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – indent 7 a (new)
Annex I – Recommendation 3 – paragraph 1 – indent 7 a (new)
Amendment 394 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – indent 7 b (new)
Annex I – Recommendation 3 – paragraph 1 – indent 7 b (new)
- Ensure that all measures prevent re-traumatization and stigmatization of victims of gender-based cyberviolence.
Amendment 395 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – indent 7 c (new)
Annex I – Recommendation 3 – paragraph 1 – indent 7 c (new)
- Ensure the participation of civil society organizations in the evaluations and reviews of the Code of Conduct on Countering Illegal Hate Speech Online and ensure that IT companies improve their feedback to users’ notifications, thus react quickly and effectively to the content flagged as illegal.
Amendment 396 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – indent 7 d (new)
Annex I – Recommendation 3 – paragraph 1 – indent 7 d (new)
- For online platforms that are primarily used for the dissemination of user generated pornographic content, ensure that the platforms take the necessary technical and organisational measures to warrant that those users who disseminate content have verified themselves through a double opt-in e-mail and cell phone registration.
Amendment 397 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – indent 7 e (new)
Annex I – Recommendation 3 – paragraph 1 – indent 7 e (new)
- All measures should be victims- centred and have an intersectional approach.
Amendment 398 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 4 – title
Annex I – Recommendation 4 – title
Recommendation 4 on protection of, support to and compensreparation of victims
Amendment 399 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 1
Annex I – Recommendation 4 – paragraph 1 – indent 1
Amendment 401 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 1 a (new)
Annex I – Recommendation 4 – paragraph 1 – indent 1 a (new)
- Ensure that all training for practitioners have a gender-responsive approach and that the programme includes actions to abstain from practicing institutional behaviours that make individuals relive the trauma of the attack and thus add on to the negative experience (re-victimisation and stigmatisation).
Amendment 402 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 1 b (new)
Annex I – Recommendation 4 – paragraph 1 – indent 1 b (new)
- Install specialized contact points in social services and law enforcement agencies with special staff trained on gender-based cyberviolence as focal points for victims to report gender-based cyberviolence in an environment that is safe and comfortable for them. Contact points should be coordinated. These measures would contribute to address underreporting, re-victimisation and create a safer environment for victims of gender-based violence.
Amendment 403 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 2
Annex I – Recommendation 4 – paragraph 1 – indent 2
- fFacilitatinge access to information in a language that the victim can understand, particularly on the legal avenues and support services, and developing specific services for victims of cyberviolence (helplines, shelters);
Amendment 405 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 2 a (new)
Annex I – Recommendation 4 – paragraph 1 – indent 2 a (new)
- Equip the national telephone helplines with the necessary resources and expertise to also respond to the digital dimension of gender-based violence.
Amendment 406 #
2020/2035(INL)
- Set up an EU wide telephone helpline as a contact point for victims across the EU and ensure that victims can easily and freely use it.
Amendment 407 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 3
Annex I – Recommendation 4 – paragraph 1 – indent 3
- fFacilitatinge reports by victims, allowing them to obtain protection orders, and developing redress mechanisms with adequate compensreparation measures;
Amendment 409 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 3 a (new)
Annex I – Recommendation 4 – paragraph 1 – indent 3 a (new)
- Individual assessments to identify the specific needs of the victims.
Amendment 410 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 3 b (new)
Annex I – Recommendation 4 – paragraph 1 – indent 3 b (new)
- Remove all the obstacles, including bureaucratic obstacles, that victims who decide to file a complaint may face.
Amendment 411 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 3 c (new)
Annex I – Recommendation 4 – paragraph 1 – indent 3 c (new)
- Create complaints mechanisms that are easily and immediately accessible to victims, including by digital means.
Amendment 412 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 3 d (new)
Annex I – Recommendation 4 – paragraph 1 – indent 3 d (new)
- For online platforms that are primarily used for the dissemination of user generated pornographic content, ensure that the platforms take the necessary technical and organisational measures to warrant the accessibility of a qualified notification procedure in the form that individuals may notify the platform with the claim that image material depicting them or purporting to be depicting them is being disseminated without their consent and supply the platform with prima facie evidence of their physical identity and that content notified through this procedure is to be suspended within 48 hours.
Amendment 413 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 3 e (new)
Annex I – Recommendation 4 – paragraph 1 – indent 3 e (new)
- For online platforms that are primarily used for the dissemination of user generated pornographic content, ensure that the platforms take the necessary technical and organisational measures to a warrant professional human-powered content moderation, where content having a high probability of being illegal, such as content depicting to be voyeuristic or enacting rape scenes, is reviewed.
Amendment 414 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 3 f (new)
Annex I – Recommendation 4 – paragraph 1 – indent 3 f (new)
- Ensure that victims have access to justice, remedies, as well as to safe and accessible reporting procedures and mechanisms, particularly in the country of residence. Access to remedies should not be contingent on the filing of a complaint.
Amendment 415 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 4
Annex I – Recommendation 4 – paragraph 1 – indent 4
- dDeveloping cooperation mechanisms between relevant actors, such as social services, the judiciary, public prosecutors, law enforcement agencies, local and regional authorities and CSOs.
Amendment 416 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 4 a (new)
Annex I – Recommendation 4 – paragraph 1 – indent 4 a (new)
- Support to civil society organisations, particularly those that provide service, including by providing financing support.
Amendment 418 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 4 b (new)
Annex I – Recommendation 4 – paragraph 1 – indent 4 b (new)
- Promotion of the ethical development and use of technological solutions that support victims and that help identify perpetrators, in line with fundamental rights.
Amendment 420 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 4 c (new)
Annex I – Recommendation 4 – paragraph 1 – indent 4 c (new)
- All actions should be victims- centred and have an intersectional approach.
Amendment 421 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 4 d (new)
Annex I – Recommendation 4 – paragraph 1 – indent 4 d (new)
- The Commission should develop guiding principles for law enforcement officials when dealing with victims who are reporting gender-based cyberviolence, which should equip them with the necessary soft skills to carefully listen, understand and respect all victims of gender-based violence. The guiding principles should have agender- responsive approach.
Amendment 422 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 a (new)
Annex I – Recommendation 4 – paragraph 1 a (new)
Develop protection and support services which are accessible to all victims, free of charge including emergency and long- term support, such as psychological, medical, legal, practical and socio- economic support, taking into account the specific needs of the victims, and give particular attention to victims belonging to groups put in a vulnerable situation.
Amendment 424 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 5 – paragraph 1 – indent 3 a (new)
Annex I – Recommendation 5 – paragraph 1 – indent 3 a (new)
Amendment 425 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 5 – paragraph 1 – indent 3 b (new)
Annex I – Recommendation 5 – paragraph 1 – indent 3 b (new)
- Ensure effective cooperation between law enforcement authorities and tech companies and service providers, especially with regards to identification of perpetrators and gathering of evidence, which should be in full compliance with fundamental rights and freedoms and data protection rules.
Amendment 426 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 5 – paragraph 1 – indent 3 c (new)
Annex I – Recommendation 5 – paragraph 1 – indent 3 c (new)
- Any evidence should be gathered in a way that it does not cause secondary victimisation and re-traumatisation of the victim.
Amendment 427 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 5 – paragraph 1 – indent 4
Annex I – Recommendation 5 – paragraph 1 – indent 4
- aggravating circumstances, depending on the profile of the women and girl victims (exploiting specific characteristics, vulnerabilities of women and girls online)victim;
Amendment 429 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 5 – paragraph 1 – indent 5
Annex I – Recommendation 5 – paragraph 1 – indent 5
- aAll actions should be victim- centred and have an intersectional approach.
Amendment 430 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 5 – paragraph 1 – indent 5 a (new)
Annex I – Recommendation 5 – paragraph 1 – indent 5 a (new)
- Risk assessments should have a section to include and consider behavioural patterns and gendered aspects of the incident, such as stereotypes, discrimination, sexualized threats and intimidation. This information should be used to determine follow-up actions and to enhance the collection of data related to the different manifestations of gender-based cyberviolence.
Amendment 431 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 5 – paragraph 1 – indent 5 b (new)
Annex I – Recommendation 5 – paragraph 1 – indent 5 b (new)
- Ensure that the burden of proof is not on the victims’ side.
Amendment 432 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 6 – paragraph 1
Annex I – Recommendation 6 – paragraph 1
Amendment 8 #
2020/2022(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the Commission’s intention to introduce a harmonised approach addressing obligations imposed on intermediaries, in order to avoid fragmentation of the internal market; stresses that any measure related to fundamental rights should be carefully balanced and take into account the possible impact on the functioning ofensure that all EU citizens are protected and ensure a high level of protection across the internal market, and calls on the Commission to avoid the ‘export’ of national regulations and instead to propose the most efficient and effective solutions for the internal market as a whole;
Amendment 33 #
2020/2022(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Recognises that SMEs and large players have differing capabilities with regard to the moderation of content; warns that overburdening businesses with disproportionate new obligations could further hinder the growth of SMEs and require recours; recalls that there should be tno automatic filtering tools, which may often lead to the removal of legal contentgeneral monitoring and that the right to fair trial and effective redress should be ensured;
Amendment 41 #
2020/2022(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Recalls the fact that mdisinformativeon and potentially harmful content is not always illegal; calls, therefore, for the establishment of a well-defined, harmonised, transparent and accessible notice-and-takedowaction process for illegal content; supports an intensive dialogue between authorities and relevant stakeholders with the aim of deepening the soft law approach based on good practicesevaluating the effectiveness of the soft law approach such as the EU-wide Code of Practice on Disinformation, in order to further tackle misinformation and other categories of potentially harmful content;
Amendment 53 #
2020/2022(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls for the introduction of counter-notice tools to allow content ownuploaders to defend their rights adequately and in a timely manner when notified of any takedown of allegedly illegal content; underlines its view that delegating the responsibility to set boundaries on freedom of speechrestrict the right to freedom of expression of online users to private companies is unacceptable and creates risks for both citizenindividuals and businesses, neither of which are qualified to take such decisions.; demands the guarantee of effective remedies and possibility of judicial review to ensure that accessible, affordable, independent and effective procedures are available to all parties;
Amendment 62 #
2020/2022(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls for the introduction of transparency and accountability requirements regarding the decision- making processes for content flagging for content hosting providers and providers of automated content recognition tools, including the public documentation of, at minima, the existence and the functioning of content recognition technologies ; the transparency requirements for content hosting providers should include the number of all received notices, the reasons for determining the legality of content or how it infringes terms of service, the concrete time frames for notifying the uploader, the number of appeals they received and how they were resolved and the number of erroneous takedowns;
Amendment 67 #
2020/2022(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Calls for transparency obligations for recommendation systems of content hosting providers which should take the form of real-time, high-level, anonymised data access through public APIs and include public documentation of recommendation outputs and their audiences, content-specific ranking decisions and other interventions by the platform as well as the organisational structures that control such systems;
Amendment 72 #
2020/2022(INI)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Calls for a risk assessment obligation for automated content flagging tools employed by content hosting providers, which would work in a co- regulatory fashion and would be conducted in regular time frames prescribed by law;
Amendment 73 #
2020/2022(INI)
Draft opinion
Paragraph 6 d (new)
Paragraph 6 d (new)
6d. Calls for the establishment of an EU body tasked with monitoring and ensuring compliance with the provisions of future regulation, including the screening of transparency reports and carrying out audits of algorithms provided to and employed by content hosting providers for content flagging and recommendation systems;
Amendment 74 #
2020/2022(INI)
Draft opinion
Paragraph 6 e (new)
Paragraph 6 e (new)
6e. Calls for the establishment of socially representative and divers, in particular gender balanced, co-regulatory social media councils as a multi- stakeholder mechanism, which would provide for an open, transparent, accountable and participatory forum to address content moderation principles;
Amendment 75 #
2020/2022(INI)
Draft opinion
Paragraph 6 f (new)
Paragraph 6 f (new)
6f. Calls on Member States to establish independent dispute settlement bodies which would be tasked to settle disputes between uploaders, notifiers and content hosting providers;
Amendment 76 #
2020/2022(INI)
Draft opinion
Paragraph 6 g (new)
Paragraph 6 g (new)
6g. Calls on the Commission to include the principle of “freedom of expression by design” whereby the content hosting provider shall, both at the time of the design stage of the service and at the time of the provision of the service itself, implement appropriate technical and organisational measures in an effective manner and integrate the necessary safeguards into the provision of the service in order to meet the requirements of any future regulation and protect consumer rights;
Amendment 77 #
2020/2022(INI)
Draft opinion
Paragraph 6 h (new)
Paragraph 6 h (new)
6h. Calls on the Commission to introduce minimum standards for the internal rules, such as terms and conditions or community guidelines, of content hosting providers and providers of content moderation tools to provide for safeguards for fundamental rights, in particular with regard to transparency, accessibility, fairness, predictability and non-discriminatory enforcement;
Amendment 78 #
2020/2022(INI)
Draft opinion
Paragraph 6 i (new)
Paragraph 6 i (new)
6i. Recalls that profiling coupled with targeted advertisements not only undermines the democratic framework, but also leads to an unfair competitive advantage for dominant private actors collecting huge amounts of data and therefore calls on the Commission to limit targeted advertisement in order to create a level playing field for SMEs;
Amendment 79 #
2020/2022(INI)
Draft opinion
Paragraph 6 j (new)
Paragraph 6 j (new)
6j. Recalls that the choice of algorithmic tools for recommendation systems raises accountability and transparency concerns; therefore stresses the need to guarantee the right of users to opt out from recommended and personalised services;
Amendment 54 #
2020/2018(INL)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas content hosting intermediaries often take voluntary decisions regarding the legality of content and employ automated content recognition tools which raises concerns as regards the rule of law and the right to an effective remedy, in contravention of Article 52.1 of the European Charter of Fundamental Rights, stating that any limitation on the exercise of the rights and freedoms must be provided for by law;
Amendment 56 #
2020/2018(INL)
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas automated content recognition tools replicate, reinforce and prolong pre-existing biases, discrimination, errors and assumptions about individuals or demographic groups on the basis of gender, race, religion, political opinion or social origin;
Amendment 58 #
2020/2018(INL)
Motion for a resolution
Recital E c (new)
Recital E c (new)
Ec. whereas internal rules, such as terms and conditions or community guidelines, of systemic operators are determined unilaterally, whereby users often cannot access the platform of the operator without accepting its internal rules and have to waive all rights and remedies towards the operator;
Amendment 59 #
2020/2018(INL)
Motion for a resolution
Recital E d (new)
Recital E d (new)
Ed. whereas the activity of profiling coupled with targeted advertisements not only undermines the democratic society, but also leads to an unfair competitive advantage for dominant private actors collecting large amounts of data;
Amendment 60 #
2020/2018(INL)
Motion for a resolution
Recital E e (new)
Recital E e (new)
Ee. whereas the choice of algorithmic tools for recommendation systems raises accountability and transparency concerns; therefore stresses the need to guarantee the possibility of users to choose whether they want recommendations and personalisation by opting in to such services;
Amendment 75 #
2020/2018(INL)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recognises the importance of the legal framework set out by the E- Commerce Directive in the development of online services in the Union and in particular its internal market clause, through which home country control and the obligation on Member States to ensure the free movement of information society services have been established; calls however on an update of the territorial scope to include information society services not established in the Union, where their activities are related to: (a) the offering of goods or services, irrespective of whether a payment is required, to consumers or users in the Union; or (b) the monitoring of their behaviour as far as their behaviour takes place within the Union;
Amendment 90 #
2020/2018(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that the main principles of the E-Commerce Directive, such as the internal market clause, freedom of establishment and the prohibition on imposing a general monitoring obligation should be maintained; underlines that the principle of “what is illegal offline is also illegal online”, the rights and freedoms guaranteed under the Charter of Fundamental Rights as well as the principles of consumer protection and user safety, should also become guiding principles of the future regulatory framework;
Amendment 118 #
2020/2018(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Takes the view that a level playing field in the internal market between the platform economy and the "traditional" offline economy, based on the same rights and obligations for all interested parties - consumers and businesses - is needed; considers that social protection and social rights of workers, especially of platform or collaborative economy workers should be properly addressed in a specific instrument, accompanying the future regulatory framework; asks the Commission to introduce further information obligation for collaborative economy platforms in line with data protection rules, as it is essential for local authorities in order to ensure the availability of affordable housing;
Amendment 142 #
2020/2018(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Considers that the Digital Services Act should be based on public values of the Union protecting citizens’ rights and should aim to foster the creation of a rich and diverse online ecosystem with a wide range of online services, favourabla competitive digital environment and legal certainty to unlock the full potential of the Digital Single Market;
Amendment 164 #
2020/2018(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that information society services providers, and in particular online platforms and social networking sites - because of their wide-reaching ability to reach and influence broader audiences, behaviour, opinions, and practices - bear significant social responsibility in terms ofshould comply with Union law to protecting users and society at large and preventing their services from being exploited abusively.;
Amendment 184 #
2020/2018(INL)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recalls that recent scandals regarding data harvesting and selling, Cambridge Analytica, fake news, politicaldisinformation, targeted advertising and, voter manipulation and a host of other online harms (from hate speech to the broadcast of terrorism) have shown the need to revisit the existing rules and reinforce fundamental rights;
Amendment 191 #
2020/2018(INL)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses that the Digital Services Act should achieve the right balance between guarantee bothe internal market freedoms and the fundamental rights, freedoms and principles set out in the Charter of Fundamental Rights of the European Union;
Amendment 194 #
2020/2018(INL)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls on the Commission to introduce minimum standards for contract terms and general conditions of content hosting providers and providers of content moderation tools to provide for safeguards for fundamental rights, in particular with regard to transparency, accessibility, fairness, predictability and non-discriminatory enforcement;
Amendment 223 #
2020/2018(INL)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission to require service providers to verify the information and identity of the business partners with whom they have a contractual commercial relationship, and to ensure that the information they provide is accurate and up-to-dateusers as defined in Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services (‘P2B Regulation’) and to take reasonable measures to ensure that the information they provide is accurate and up-to-date, while preserving consumers’ anonymity; reminds that the verification of the identity of individual users would place extensive administrative burdens on EU start-ups and SMEs competing on a global market;
Amendment 236 #
2020/2018(INL)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Underlines the rights of users under the GDPR, as well as the right to internet anonymity or being an unidentified user; warns that ignoring the wishes of internet users to not disclose their identity might put certain groups in disadvantageous situations, including the work of independent media, or deprive vulnerable groups from adequate protection and security online;
Amendment 245 #
2020/2018(INL)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Commission to introduce enforceable obligations on internet service providers aimed at increasing transparency and, information and accountability; considers that these obligations should be enforced by appropriate, effective and dissuasive penalties;
Amendment 251 #
2020/2018(INL)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls on the Commission to introduce transparency and accountability requirements regarding automated decision-making processes of content hosting providers and providers of automated content recognition tools, including the public documentation of, at least, the existence and the functioning of content recognition technologies;
Amendment 252 #
2020/2018(INL)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Welcomes efforts to bring transparency to content removal; underlines that, in order to verify compliance with the rules, the requirement to publish periodic transparency reports should be mandatory and include, at least, the number of notices, type of entities notifying content, nature of the content subject of complaint, response time by the intermediary, the number of appeals;
Amendment 253 #
2020/2018(INL)
Motion for a resolution
Paragraph 15 c (new)
Paragraph 15 c (new)
15c. In order to verify such transparency reports and compliance with legal obligations, and in line with the Council of Europe Recommendation CM/Rec(2018)2, Member States should make available, publicly and in a regular manner, comprehensive information on the number, nature and legal basis of requests sent to intermediaries to restrict content or to disclose personal data, including those based on international mutual legal assistance treaties, and on steps taken as a result of those requests;
Amendment 259 #
2020/2018(INL)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Stresses that existing obligations, set out in the E-Commerce Directive and the Directive 2005/29/EC of the European Parliament and of the Council (‘Unfair Commercial Practices Directiveʼ)3 on transparency of commercial communications and digital advertising should be strengthened; points out that pressing consumer protection concerns about profiling, targeting and personalised pricing and recommendations cannot only be addressed by transparency obligations and left to consumer choice alone; __________________ 3 Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to- consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (OJ L 149, 11.6.2005, p. 22).
Amendment 264 #
2020/2018(INL)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Calls for transparency obligations for recommendation systems of content hosting providers including the public documentation of recommendation outputs and their audiences, content- specific ranking decisions and other interventions by the platform , the criteria and the reasoning behind those decisions as well as the organisational structures that control such systems which should take the form of real-time, high-level, anonymised data access through public API;
Amendment 269 #
2020/2018(INL)
Motion for a resolution
Subheading 4
Subheading 4
Amendment 273 #
2020/2018(INL)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Believes that while AI-driven services, currently governed by the E- commerce Directive, have enormous potential to deliver benefits to consumers and service providers, the new Digital Services Act should also address the challenges they present in terms of ensuring non-discrimination, transparency and explainability of algorithms, as well as liability; points out the need to monitorfor audits of algorithms and to assess associated risksmandatory risk assessments of associated risks for individuals, groups and society at large, to use high quality and unbiased datasets, as well as to help individuals acquire access to diverse content, opinions, high quality products and services;
Amendment 290 #
2020/2018(INL)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Considers that consumers should be properly informed in a timely, impartial, easily-readable, standardised and accessible manner and their rights should be effectively guaranteed when they interact with automated decision-making systems and other innovative, in particular as regards the right to an effective remedy, and other digital services or applications; believes that it should be possible for consumers to meaningfully contest, request checks and corrections of possible mistakes resulting from automated decisions, as well as to seek redress for any damage related to the use of automated decision-making systems;
Amendment 299 #
Amendment 305 #
2020/2018(INL)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Stresses that the existence and spread of illegal contentactivities online is a severe threat that undermines citizens' trust and confidence in the digital environment, and which also harms the economic development of healthy platform ecosystems in the Digital Single Market and severely hampers the development of legitimate markets for digital services;
Amendment 322 #
2020/2018(INL)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Notes that there is no ‘one size fits all’ solution to all types of illegal and harmful content and cases of misinformation onlinectivities; believes, however, that a more aligned approach at Union level, taking into account the different types of contentactivities, will make the fight against illegal content more effective;
Amendment 327 #
2020/2018(INL)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Underlines that illegal content should be removed where it is hosted, and that access providers shall not be required to block access to content;
Amendment 337 #
2020/2018(INL)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Considers that voluntary actions and self-regulation by online platforms across Europe have brought some benefits, but additional measures areled to the removal of content without a clear legal basis and are in contravention of Article 52 of the Charter hence a clear legal framework is needed in order to ensure the swift detecnotification and removal of illegal content online;
Amendment 374 #
2020/2018(INL)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Stresses that maintaining safeguards from the legal liability regime for hosting intermediaries with regard to user-uploaded content and the general monitoring prohibition set out in Article 15 of the E-Commerce Directive are still relevant and need to be preservedpivotal for ensuring the availability of content online and for protecting the fundamental rights of users and need to be preserved; reminds that in line with Directive (EU) 2018/1808 (AVMS Directive) ex-ante control measures do not comply with article 15 of the Directive 2000/31/EC;
Amendment 385 #
2020/2018(INL)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Asks the Commission to improve consumer rights in the future regulation, by introducing safeguards to prevent violations, which are missing from Directive 2000/31/EC; notes that this should include as a minimum internal and external dispute mechanism, and the clearly stated possibility of judicial redress;
Amendment 412 #
2020/2018(INL)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Calls for the Digital Services Act to address issues related to online marketplaces; asks for the full implementation of Union product safety and chemicals legislation and calls for a review on the General Product Safety Directive and the Product Liability Directive; calls on Member States to devote sufficient capacities to improve the enforcement of EU product safety and chemicals legislation and for the Commission to provide adequate support in doing so;
Amendment 420 #
2020/2018(INL)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Stresses that consumers should be equally safe whether shopping online or in brick-and mortar shops; stresses that the Digital Services Act must set up clear obligations for online platforms and create an adapted regime for online marketplaces similar to brick-and mortar shops; calls on Member States to undertake more joined market surveillance actions and to step up collaboration with customs authorities to check the safety of products sold online before they reach consumers;
Amendment 425 #
2020/2018(INL)
Motion for a resolution
Paragraph 26 b (new)
Paragraph 26 b (new)
26b. Notes that the amount of free returns of goods sold online has been increasing over the years, leading to costs that create barriers for SMEs and start- ups, as well as considerable costs to the environment and society as a whole, which are currently not being reflected in any way to the consumer; considers that the environmental impact of delivery methods and packaging from recycled materials should also be taken into consideration by consumers when making purchases;
Amendment 427 #
2020/2018(INL)
Motion for a resolution
Paragraph 26 c (new)
Paragraph 26 c (new)
26c. Acknowledging the importance of the right of withdrawal for online or off- premises purchases, calls upon the Commission to enable consumers to make better informed choices by enlarging the information available to them on the cost of the return of goods for the company, environment and society as a whole;
Amendment 462 #
2020/2018(INL)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Calls on the Commission to introduce an obligation for systemic platforms to unbundle hosting and content moderation activities thereby allowing third parties to offer content moderation or curation services to the platforms’ users;
Amendment 463 #
2020/2018(INL)
Motion for a resolution
Paragraph 28 b (new)
Paragraph 28 b (new)
28b. Underlines that interoperability between competing or complementary products and services is key in a free and competitive market to enable choice for users and innovative services, and allow them to easily communicate with users of other providers’ services, thereby incentivising systemic platforms to improve their service quality;
Amendment 464 #
2020/2018(INL)
Motion for a resolution
Paragraph 28 c (new)
Paragraph 28 c (new)
28c. Calls on the Commission to introduce an obligation for systemic intermediaries with significant market power to make available and document tools to allow third-parties to interoperate with their main functionalities or to act on an user’s behalf, whereby intermediaries may not share, retain, monetize, or use any of the data they receive in the context of interoperability activities from third- parties, and intermediaries and third parties must protect users’ privacy and must respect the GDPR and other relevant Union legislation;
Amendment 465 #
2020/2018(INL)
Motion for a resolution
Paragraph 28 d (new)
Paragraph 28 d (new)
28 d. Recommends that providers which support a single sign-on service with a dominant market share should be required to also support at least one open and federated identity system based on a non-proprietary framework;
Amendment 483 #
2020/2018(INL)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30a. Underlines that part of the investigative powers of the authority should be the right to conduct audits; considers in this regard that it is essential for the software documentation, the algorithms and data sets used to be fully accessible to the authority, while respecting Union law;
Amendment 485 #
2020/2018(INL)
Motion for a resolution
Paragraph 30 b (new)
Paragraph 30 b (new)
30b. Stresses that next to corrective powers, part of the enforcement powers of the authority should also be the right to issue fines of up to 30 000 000 EUR, or in the case of an undertaking, up to 5 % of the total worldwide annual turnover;
Amendment 488 #
2020/2018(INL)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Takes the view that the central regulatory authority should prioritisfacilitate cooperation between Member States to address complex cross-border issues by working in close cooperation with a network of independent National Enforcement Bodies (NEBs); notes that the authority should be responsible in case of different decisions in more than one Member State, as well as at the request of the majority of the NEBs;
Amendment 494 #
2020/2018(INL)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. Calls for the board to facilitate the creation and maintenance of a European research repository that would combine data from multiple platforms to facilitate appeals processes and enable regulators, researchers and NGOs to review and analyse platform decisions;
Amendment 496 #
2020/2018(INL)
Motion for a resolution
Paragraph 31 b (new)
Paragraph 31 b (new)
31b. Calls for the establishment of socially representative and diverse, in particular gender balanced, co-regulatory social media councils as a multi- stakeholder mechanism, which would provide for an open, transparent, accountable and participatory forum to address content moderation principles; considers that these social media councils should issue guidance, opinions and expertise;
Amendment 506 #
2020/2018(INL)
Motion for a resolution
Annex I – part I – paragraph 1
Annex I – part I – paragraph 1
The Digital Services Act should contribute to the strengthening of the internal market by ensuring the free movement of digital services, while at the same time guaranteeing a high level of consumer protection, including the improvement of users’ rights, freedoms and safety online;
Amendment 511 #
2020/2018(INL)
Motion for a resolution
Annex I – part I – paragraph 2
Annex I – part I – paragraph 2
The Digital Services Act should guarantee that online and offline economic activities are treated equally and on a level playing field which fully reflects the principle that “what is illegal offline is also illegal online” and that all rights and freedoms offline should also be guaranteed online;
Amendment 517 #
2020/2018(INL)
Motion for a resolution
Annex I – part I – paragraph 4
Annex I – part I – paragraph 4
The Digital Services Act should respect the broad framework of fundamental European rights of users and consumers, such as the protection of privacy, non-discrimination, dignity, fairness and free speech, freedom of expression and the right to an effective remedy;
Amendment 533 #
2020/2018(INL)
Motion for a resolution
Annex I – part I – paragraph 6 – indent 1 – subi. 2
Annex I – part I – paragraph 6 – indent 1 – subi. 2
- clear and detailed procedures and measures related to the removal of illegal content online, including a differentiated, harmonised legally-binding European notice-and action mechanism;
Amendment 551 #
2020/2018(INL)
Motion for a resolution
Annex I – part II – paragraph 1
Annex I – part II – paragraph 1
In the interest of legal certainty, the Digital Services Act should clarify which digital services fall within its scope. The new legal act should follow the horizontal nature of the E-Commerce Directive and apply not only to online platforms but to all digital services, which are not covered by specificcomplementing other legislation;
Amendment 555 #
2020/2018(INL)
Motion for a resolution
Annex I – part II – paragraph 2
Annex I – part II – paragraph 2
The territorial scope of the future Digital Services Act should be extended to cover also the activities of companies and service providerinformation society services established in third countries, whenre they offer services or goods to consumers or users ir activities are related to the offering of services or goods to consumers or users in the Union, irrespective of whether a payment is required, or the monitoring of their behaviour as far as their behaviour takes place within the Union;
Amendment 569 #
2020/2018(INL)
Motion for a resolution
Annex I – part II – paragraph 7
Annex I – part II – paragraph 7
The Digital Services Act should apply without prejudice to the rules set out in other instruments, such as the General Data Protection Regulation2 (“GDPR”), the Copyright Directive3 and the Audio Vvisual Media Services Directive4 . __________________ 2Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1). 3Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC (OJ L 130, 17.5.2019, p. 92). 4Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (OJ L 95, 15.4.2010, p. 1).
Amendment 575 #
2020/2018(INL)
Motion for a resolution
Annex I – part III – paragraph 1 – indent 1
Annex I – part III – paragraph 1 – indent 1
- clarify to what extent “new digital services”, such as social media networks, collaborative economy services, search engines, wifi hotspots, online advertising, cloud services, content delivery networks, and domain name serviceweb hosting, messaging services and content delivery networks fall within the scope of the Digital Services Act;
Amendment 585 #
2020/2018(INL)
Motion for a resolution
Annex I – part III – paragraph 1 – indent 4
Annex I – part III – paragraph 1 – indent 4
- clarify of what falls within the remit of the "illegal content” definition making it clear that athis includes unlawful offers for sale in violation of EU rules on consumer protection, product safety or the offer or sale of food or tobacco products and counterfeit medicines, also falls within the definition of illegal content;
Amendment 589 #
2020/2018(INL)
Motion for a resolution
Annex I – part III – paragraph 1 – indent 5
Annex I – part III – paragraph 1 – indent 5
- define “systemic operator” by establishing a set of clear economic indicators that allow regulatory authorities to identify platforms with a “gatekeeper” role playing a systemic role in the online economy; such indicators could include considerations such as whether the undertaking is active to a significant extent on multi-sided markets, the size of its network (number of users), its financial strength, access to data, vertical integration, the importance of its activity for third parties’ access to supply and markets, whether the undertaking has a significant impact on the exercise of fundamental rights and freedoms as well as access to information in our society, etc.
Amendment 603 #
2020/2018(INL)
Motion for a resolution
Annex I – part IV – paragraph 1 – introductory part
Annex I – part IV – paragraph 1 – introductory part
The Digital Services Act should introduce clear due diligence transparency and information obligations rather than a general duty of care; those obligations should not create any derogations or new exemptions to the current liability regime and the secondary liability set out under Articles 12, 13, and 14 of the E-Commerce Directive and should cover the aspects described below:
Amendment 612 #
2020/2018(INL)
Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 1 – indent 1
Annex I – part IV – paragraph 1 – subparagraph 1 – indent 1
- the information requirements in Article 5 of the E-Commerce Directive should be reinforced and the “Know Your Business Customer” principle should be introduced for business users; services providers should verify the identity of their business partnusers, including their company registration number or any equivalent means of identification including, if necessary, the verified national identity of their ultimate beneficial owner; that information should be accurate and up-to- date, and service providers should not be allowed to provide their services when the identity of their business customer is false, misleading or otherwise invalid;
Amendment 617 #
2020/2018(INL)
Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 1 – indent 2
Annex I – part IV – paragraph 1 – subparagraph 1 – indent 2
- thatis measure should apply only to business-to-business relationships and should be without prejudice to the rights of userdata subjects under the GDPR, as well as the right to internetconsumer anonymity or being an unidentified user; the new general information requirements should review and further enhance Articles 5 and 10 of the E- Commerce Directive in order to aligncomplement those measures with the information requirements established in recently adopted legislation, in particular the Unfair Contract Terms Directive5 , the Consumer Rights Directive and the Platform to Business Regulation. __________________ 5 Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts, most recently amended by Directive (EU) 2019/2161 of the European Parliament and of the Council of 27 November 2019 amending Council Directive 93/13/EEC and Directives 98/6/EC, 2005/29/EC and 2011/83/EU of the European Parliament and of the Council as regards the better enforcement and modernisation of Union consumer protection rules (OJ L 328, 18.12.2019, p. 7).
Amendment 622 #
2020/2018(INL)
Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 2 – introductory part
Annex I – part IV – paragraph 1 – subparagraph 2 – introductory part
Amendment 624 #
2020/2018(INL)
Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 2 – indent 1
Annex I – part IV – paragraph 1 – subparagraph 2 – indent 1
- to expressly set out in their contract terms and general conditions that service providers will not store illegal content;uploading illegal content bears the full consequences of the applicable law.
Amendment 629 #
2020/2018(INL)
Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 2 – indent 2 a (new)
Annex I – part IV – paragraph 1 – subparagraph 2 – indent 2 a (new)
- to ensure that the contract terms and general conditions comply with fundamental rights standards;
Amendment 630 #
2020/2018(INL)
Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 2 – indent 3
Annex I – part IV – paragraph 1 – subparagraph 2 – indent 3
Amendment 632 #
2020/2018(INL)
Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 2 – indent 4
Annex I – part IV – paragraph 1 – subparagraph 2 – indent 4
- to ensure that the contract terms and general conditions comply with these and all information requirements established by Union law, including the Unfair Contract Terms Directive, the Unfair Commercial Practices Directive, the Consumer Rights Directive and the GDPR;
Amendment 640 #
2020/2018(INL)
Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 2 – indent 5 a (new)
Annex I – part IV – paragraph 1 – subparagraph 2 – indent 5 a (new)
- to notify users whenever they change their terms of service or community standards and to provide meaningful explanation about any substantial changes to terms of service.
Amendment 643 #
2020/2018(INL)
Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 3 – indent 2
Annex I – part IV – paragraph 1 – subheading 3 – indent 2
- Building upon Article 6 of the E- Commerce Directive, the new measures should establish a new framework for Platform to Consumer relations on transparency provisions regarding advertising, digital nudging and preferential treatment; paid advertisements or paid placement in a ranking of search results should be identified in a clear, concise, and intelligible manner in line with Directive (EU) 2019/2161;
Amendment 657 #
2020/2018(INL)
Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4
Annex I – part IV – paragraph 1 – subheading 4
4. Artificial Intelligence and machine learningContent moderation, prioritisation and personalisation
Amendment 666 #
2020/2018(INL)
Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4 – indent 2 a (new)
Annex I – part IV – paragraph 1 – subheading 4 – indent 2 a (new)
- create a recurring risk assessment obligation for automated decision-making tools; such a provision would be agreed after consulting with content hosting providers and other stakeholders and its implementation will be monitored by the authority of the legally accountable, competent Member State or, for providers active in more than one country, the European authority;
Amendment 669 #
2020/2018(INL)
Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4 – indent 3
Annex I – part IV – paragraph 1 – subheading 4 – indent 3
- establish the principle of safety and security design and by default;
Amendment 680 #
2020/2018(INL)
Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 5
Annex I – part IV – paragraph 1 – subheading 5
Amendment 681 #
2020/2018(INL)
Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 5
Annex I – part IV – paragraph 1 – subheading 5
Amendment 696 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – paragraph 1 – indent 2
Annex I – part V – paragraph 1 – indent 2
- enhance the central role played by onlinthe intermediariesnet in facilitating the public debate and the free dissemination of facts, opinions, and ideas;
Amendment 702 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – paragraph 1 – indent 3
Annex I – part V – paragraph 1 – indent 3
- preserve the underlying legal principle that online intermediaries should not be held directly liable for the acts of their users and that online intermediaries can continue moderating legal content under fair accessible, predictable and transparent terms and conditions of service, provided that they are applicable in a non- discriminatory manner;
Amendment 720 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – paragraph 2 – introductory part
Annex I – part V – paragraph 2 – introductory part
The Digital Services Act should establish a differentiated, harmonised and legally enforceable notice- and-action mechanism based on a set of clear processes and precise timeframes for each step of the notice-and-action procedure. That notice- and-action mechanism should:
Amendment 730 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – paragraph 2 – indent 2 a (new)
Annex I – part V – paragraph 2 – indent 2 a (new)
- offer different notification categories for different types of illegal content;
Amendment 731 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – paragraph 2 – indent 3
Annex I – part V – paragraph 2 – indent 3
- create easily accessible, reliable and user-friendly procedures tailored to the type of content;
Amendment 735 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – paragraph 2 – indent 6
Annex I – part V – paragraph 2 – indent 6
- guarantee that notices, unless being issued by a judicial authority, will not automatically trigger legal liability nor should they impose any removal requirement, for specific pieces of the content or for the legality assessment;
Amendment 737 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – paragraph 2 – indent 7
Annex I – part V – paragraph 2 – indent 7
- specify the requirements necessary to ensure that notices are of a good quality, thereby enabling a swift removal of illegal content; such a requirement should include the name and contact details of the notice provider, the linkocation of (URL) to the allegedly illegal content in question, an indication of the time and date when the alleged wrongdoing was committed, the stated reason for the claim including an explanation of the reasons why the notice provider considers the content to be illegal, and if necessary, depending on the type of content, additional evidence for the claim, a declaration of good faith that the information provided is accurate and information on how to issue a counter- notice;
Amendment 744 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – paragraph 2 – indent 8
Annex I – part V – paragraph 2 – indent 8
- allow for the submission of anonymous complaints, unless in cases of violations of personality rights or intellectual property rights;
Amendment 746 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – paragraph 2 – indent 9
Annex I – part V – paragraph 2 – indent 9
Amendment 748 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – paragraph 2 – indent 10
Annex I – part V – paragraph 2 – indent 10
- set up safeguards and provide for sanctions to prevent abusive behaviour by users who systematically and repeatedly and with mala fide submit wrongful or abusive notices;
Amendment 749 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – paragraph 2 – indent 11
Annex I – part V – paragraph 2 – indent 11
- create an obligation for the online intermediaries to verify the notified content and reply to the notice provider and the content uploader with a reasoned decision; such a requirement to reply should include the reasoning behind the decision, how the decision was made, if the decision was made by a human or an automated decision agent and information about the possibility to appeal this decision by either party with the intermediary, courts or other entities;
Amendment 755 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – paragraph 2 – indent 12 a (new)
Annex I – part V – paragraph 2 – indent 12 a (new)
- create an obligation for intermediaries to publish information about their procedures and time frames for intervention by interested parties, including the time before a notification is sent to the content uploader, the time for the content uploader to respond with a counter-notification, the average and maximum time for a decision by the platform for categories of cases, the time at which the intermediary will inform both parties about the result of the procedure, the time for different forms of appeal against the decision.
Amendment 764 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – subheading 2 – indent 2
Annex I – part V – subheading 2 – indent 2
- The providers of the content that is being flagged as illegal should be immediately informed of the notice and, that being the case, of the reasons and decisions taken to remove, suspend or disable access to the content; all parties should be duly informed of all existing available legal options and mechanisms to challenge this decision; in complex areas of law mainly involving two parties external to the provider, such as alleged defamation or copyright infringements, a notice-and-notice system is more appropriate, with additional safeguards put in place;
Amendment 768 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – subheading 2 – indent 4
Annex I – part V – subheading 2 – indent 4
- If the redress and counter-notice have established that the notified activity or information is not illegal, the online intermediary should restore the content that was removed or suspended without undue delay or allow for the re-upload by the user, without prejudice to the platform'online intermediary’s terms of service.
Amendment 773 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – subheading 2 a (new)
Annex I – part V – subheading 2 a (new)
2a. Independent dispute settlement bodies
Amendment 774 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – subheading 2 a (new)
Annex I – part V – subheading 2 a (new)
Amendment 775 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – subheading 2 b (new)
Annex I – part V – subheading 2 b (new)
Amendment 776 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – paragraph 3 – introductory part
Annex I – part V – paragraph 3 – introductory part
The notice-and-action mechanisms should be transparent and publicly available to any interested party; to that end, online intermediaries and Member States should be obliged to publish annual reports with. Online intermediaries’ reports should be standardized and contain information on:
Amendment 779 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – paragraph 3 – indent 1 a (new)
Annex I – part V – paragraph 3 – indent 1 a (new)
- the response time per type of content;
Amendment 780 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – paragraph 3 – indent 4 a (new)
Annex I – part V – paragraph 3 – indent 4 a (new)
- the number of erroneous takedowns;
Amendment 783 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – paragraph 3 – indent 5
Annex I – part V – paragraph 3 – indent 5
- the description of the content moderation model applied by the hosting intermediary, as well as any algorithmic decision making and its functioning and logic which influences the content moderation process.
Amendment 784 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – paragraph 3 – indent 5 a (new)
Annex I – part V – paragraph 3 – indent 5 a (new)
- an obligation for intermediaries to provide the aggregated data of transparency reports via a publicly available real-time API. Such an API should be standardised by the European regulator to allow for comparability across providers.
Amendment 787 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – paragraph 3 – indent 5 b (new)
Annex I – part V – paragraph 3 – indent 5 b (new)
- Member States’ reports should contain information on: the number, nature and legal basis of content restriction requests sent to intermediaries; on the actions taken as a result of those requests.
Amendment 795 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – paragraph 5
Annex I – part V – paragraph 5
The Digital Services Act should address the lack of legal certainty regardconsider replacing the concept of active vs passive hosts. The revised measures should clarify if interventions by hosting providers having editorial functions and a certain “degree of control over the data,” through tagging, organising, promoting, optimising, presenting or otherwise curating specific content for profit- making purposes and which amounts to adoption of the third-party content as one’s own (as judged by average users or consumers)creating the content or having a certain “degree of contribution to the illegality of the content” and which amounts to adoption of the third-party content as one’s own (as judged by average users or consumers), as well as the question whether a provider is optimizing economic models of services in ways that bring inherent risks of illegal or harmful content/activity and/or fundamental rights and freedoms should lead to a loss of safe harbour provisions due to their active nature.
Amendment 801 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – paragraph 6
Annex I – part V – paragraph 6
The Digital Services Act should maintain the ban on general monitoring obligation under Article 15 of the current E- Commerce Directive clarifying however that the indiscriminate verification and analysis of all content or communications hosted by an information society service provider also falls within the definition of general monitoring. Online intermediaries should not be subject to general monitoring obligations.
Amendment 807 #
2020/2018(INL)
Motion for a resolution
Annex I – part VI – paragraph 1
Annex I – part VI – paragraph 1
The Digital Services Act should propose specific rules for online market places for the online sale, promotion or supply of products and services to consumers.
Amendment 815 #
2020/2018(INL)
Motion for a resolution
Annex I – part VI – paragraph 2 – indent 4
Annex I – part VI – paragraph 2 – indent 4
- ensure that online marketplaces remove any misleading information given by the supplier or by customers, including misleading guarantees and statements made by the supplier, or otherwise would become liable;
Amendment 822 #
2020/2018(INL)
Motion for a resolution
Annex I – part VI – paragraph 2 – indent 5
Annex I – part VI – paragraph 2 – indent 5
- once products have been identified as unsafe by the Union’s rapid alert systems, by national market surveillance authorities, by customs authorities or by consumer protection authorities, it should be compulsory to remove products from the marketplace within 24 hours;
Amendment 826 #
2020/2018(INL)
Motion for a resolution
Annex I – part VI – paragraph 2 – indent 5 a (new)
Annex I – part VI – paragraph 2 – indent 5 a (new)
- include an obligation to protect users, so that in case an online marketplace has obtained credible evidence of illegal activities on its platform, but fails to take adequate measures for the protection of the online consumer, it becomes liable for consumers’ damages resulting from that failure;
Amendment 845 #
2020/2018(INL)
Motion for a resolution
Annex I – part VI – paragraph 2 – indent 9 a (new)
Annex I – part VI – paragraph 2 – indent 9 a (new)
- ensure that online market places provide clear and easily understandable information to consumers on the impact of e-commerce on the environment; more particularly, online market places should be obliged to provide information on the use of sustainable and efficient product delivery methods, of environmentally sound packaging, as well as on the carbon footprint and other environmental impacts of returning unwanted items, involving double transportation or requiring disposal rather than resale.
Amendment 850 #
2020/2018(INL)
Motion for a resolution
Annex I – part VII – paragraph 1
Annex I – part VII – paragraph 1
The Digital Services Act should put forward a proposal to ensure that the systemic role of specificcertain online platforms will not endanger the internal market by unfairly excluding innovative new entrants, including SMEs, and to provide for real consumer choice.
Amendment 860 #
2020/2018(INL)
Motion for a resolution
Annex I – part VII – paragraph 2 – indent 1
Annex I – part VII – paragraph 2 – indent 1
- set up an ex-ante mechanism to prevent (instead of merely remedy) unfair market behaviour by “systemic platforms” in the digital world, building on the Platform to Business Regulation; such mechanism should allow regulatory authorities to impose remedies on these companies in order to address market failures, without the establishment of a breach of regulatorycompetition rules;
Amendment 880 #
2020/2018(INL)
Motion for a resolution
Annex I – part VII – paragraph 2 – indent 6
Annex I – part VII – paragraph 2 – indent 6
- impose high levels of interoperability measures requiring “systemic platforms” to share appropriate tools, data, expertise, and resources deployed in order to limit the risks of users and consumers’ lock-in and the artificially binding users to one systemic platform with no possibility or incentives for switching between digital platforms or internet ecosystems. As part of those measures, the Commission should explore different technologies and open standards and protocols, including the possibility of a mechanical interface (Application Programming Interface) to be provided by systemic platforms, especially social media and messaging services, that allows users of competing platforms to dock on to the systemic platform and exchange information with it. Systemic platforms may not share, retain, monetize, or use any of the data that is received from third- parties during interoperability activities. Interoperability obligations should not limit, hinder or delay the ability of intermediaries to patch vulnerabilities.
Amendment 887 #
2020/2018(INL)
Motion for a resolution
Annex I – part VII – paragraph 2 – indent 6 a (new)
Annex I – part VII – paragraph 2 – indent 6 a (new)
- put in place transparency obligations for recommendation systems of systemic providers including public documentation of rules and criteria for the functioning of recommendation algorithms, of recommendation outputs and their audiences, of content-specific ranking decisions and other interventions by the platform as well as of the organisational structures that control such systems, as well as real-time, high- level, anonymised data access through public APIs to verify the information provided in the public documentation.
Amendment 889 #
2020/2018(INL)
Motion for a resolution
Annex I – part VII – paragraph 2 – indent 6 b (new)
Annex I – part VII – paragraph 2 – indent 6 b (new)
- create an unbundling remedy for hosting and content moderation activities thereby allowing third parties to offer content moderation or curation services to the platforms’ users. It should be designed as to address the contractual layer and the technical layer.
Amendment 890 #
2020/2018(INL)
Motion for a resolution
Annex I – part VII – paragraph 2 – indent 6 c (new)
Annex I – part VII – paragraph 2 – indent 6 c (new)
- entrust the European Commission Directorate General for Competition with additional powers under Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 101 and 102 of the Treaty to send, following a market investigation, recommendations to market players as a means to intervene before markets tip in favour of the incumbent platform and therefore prevent serious damage to competition and consumers.
Amendment 897 #
2020/2018(INL)
Motion for a resolution
Annex I – part VIII – paragraph 2
Annex I – part VIII – paragraph 2
The supervision and enforcement the Digital Services Act should be improved by the creation of a central regulatory authority who should be responsible for overseeing compliance with the DSA and improve external monitoring, verification of platform activities, and better enforcement.
Amendment 901 #
2020/2018(INL)
Motion for a resolution
Annex I – part VIII – paragraph 3
Annex I – part VIII – paragraph 3
The central regulatory authority should prioritisfacilitate cooperation between the Member States to address complex cross-border issues; to that end, it should work together with the network of independent NEBs and have detailed and extensive enforcement powers to launch initiatives and investigations into cross-border systemic issues.
Amendment 905 #
2020/2018(INL)
Motion for a resolution
Annex I – part VIII – paragraph 4
Annex I – part VIII – paragraph 4
The central regulator should coordinate the work of the different authorities dealing with illegal content online, enforce compliance, fines, and be able to carry out auditing of intermediaries and platforms; in case of disagreement of the NEBs, at the request of the majority of NEBs, or in case of issues relevant for more than one country it takes the final decision.
Amendment 910 #
2020/2018(INL)
Motion for a resolution
Annex I – part VIII – paragraph 4 a (new)
Annex I – part VIII – paragraph 4 a (new)
The investigative powers of the authority should include the right to conduct audits; in this regard it is essential for the software documentation, the algorithms and data sets used to be fully accessible to the authority, while respecting Union law.
Amendment 911 #
2020/2018(INL)
Motion for a resolution
Annex I – part VIII – paragraph 4 b (new)
Annex I – part VIII – paragraph 4 b (new)
The authority should facilitate and support the creation and maintenance of a European research repository that would combine data from multiple platforms to facilitate appeals processes and enable regulators, researchers and NGOs to review and analyse platform decisions.
Amendment 912 #
2020/2018(INL)
Motion for a resolution
Annex I – part VIII – paragraph 4 c (new)
Annex I – part VIII – paragraph 4 c (new)
Next to corrective powers, the enforcement powers of the authority should include the right to issue fines of up to 30 000 000 EUR, or in the case of an undertaking, up to 5 % of the total worldwide annual turnover.
Amendment 917 #
2020/2018(INL)
Motion for a resolution
Annex I – part VIII – paragraph 5
Annex I – part VIII – paragraph 5
The central regulator should report to the Union institutions and maintain a public ‘Platform Scoreboard’ with relevant information on the performance of online platforms.
Amendment 1 #
2020/2012(INL)
Draft opinion
Citation 1 a (new)
Citation 1 a (new)
- Whereas there are serious concerns that the current Union legal framework, including the consumer law acquis, data protection legislation, product safety and market surveillance legislation, is not fit for purpose to effectively tackle the risks created by artificial intelligence, robotics and related technologies and does not provide a high level of consumer protection as required in Article 38 of the Charter of Fundamental Rights of the European Union;
Amendment 2 #
2020/2012(INL)
Draft opinion
Citation 1 b (new)
Citation 1 b (new)
- Whereas ethical guidance, such as the principles adopted by the High-Level Expert Group on Artificial Intelligence, provides a good starting point but is not enough to ensure that businesses act fairly and guarantee effective consumer protection;
Amendment 2 #
2020/2012(INL)
Motion for a resolution
Citation 2 a (new)
Citation 2 a (new)
- having regard to Article 169 of the Treaty on the Functioning of the European Union,
Amendment 3 #
2020/2012(INL)
Draft opinion
Citation 1 c (new)
Citation 1 c (new)
- Whereas artificial intelligence, robotics and related technologies may put consumers at risk of being manipulated and subject to discriminatory treatment and arbitrary, intransparent decisions, thereby contributing to increasing asymmetries of power between businesses and consumers, placing consumers at an even more vulnerable position;
Amendment 3 #
2020/2012(INL)
Motion for a resolution
Citation 2 b (new)
Citation 2 b (new)
- having regard to Directive (EU) 2019/770 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the supply of digital content and digital services,
Amendment 4 #
2020/2012(INL)
Draft opinion
Citation 1 d (new)
Citation 1 d (new)
- Whereas transparent, accountable and inclusive processes to draft, enact and evaluate policies and legislation applicable to the design, development and deployment of algorithmic systems are of utmost importance to ensure that all individuals that are directly impacted have a meaningful say in whether and how these systems are used, and in whose interest;
Amendment 4 #
2020/2012(INL)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
- having regard to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 11 December 2019 on The European Green Deal,
Amendment 6 #
2020/2012(INL)
Motion for a resolution
Citation 14 a (new)
Citation 14 a (new)
- having regard to the OECD Council Recommendation on Artificial Intelligence adopted on 22 May 2019,
Amendment 7 #
2020/2012(INL)
Motion for a resolution
Recital A
Recital A
A. whereas so-called ‘artificial intelligence’, or extended intelligence, robotics and related technologies withare being developed quickly and can have the potential to directly impact all aspects of our societies positively, as well as negatively, depending on how they are applied, and who can benefit from access to them, including basic social and economic principles and values, are being developed very quickly;
Amendment 12 #
2020/2012(INL)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that the framework should apply to algorithmic systems, including the fields of artificial intelligence, machine learning, deep learningrule-based systems, automated decision making processes and robotics;
Amendment 16 #
2020/2012(INL)
Motion for a resolution
Recital B
Recital B
B. whereas the Union and its Member States have a particular responsibility to make sure that these technologies contribute to the well-being and general interest of their citizens, and are advanced for the benefit of humanity;
Amendment 20 #
2020/2012(INL)
Motion for a resolution
Recital C
Recital C
C. whereas a common framework for the development, deployment and use of artificial intelligence, robotics and related technologies within the Union should both protect citizens from their potential risks and promote the trustworthiness of such technologies allow citizens to share the benefits drawn from their potential, while protecting them, the public space and the environment from possible risks and promoting the worldrustworthy technology;
Amendment 22 #
2020/2012(INL)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that any future regulation should follow a differentiated risk-based approach, based on the potential harm for the individual as well as for society at large, taking into account the specific use context of the algorithmic system; legal obligations should gradually increase with the identified risk level; in the lowest risk category there should be no additional legal obligations, whereas applications in the highest risk category should be deemed illegal; algorithmic systems that may harm an individual, impact an individual’s access to resources, or concern their participation in society shall not be deemed to be in the lowest risk category; this risk-based approach should follow clear and transparent rules; the risk assessment of a specific system must be subject to regular re-evaluation;
Amendment 23 #
2020/2012(INL)
Motion for a resolution
Recital D
Recital D
Amendment 27 #
2020/2012(INL)
Motion for a resolution
Recital E
Recital E
E. whereas such questionlegal and ethical questions relating to these technologies should be addressed through a comprehensive and future-proof legal framework of Union law, reflecting the Union’s principles and values as enshrined in the Treaties and the Charter of Fundamental Rights that would bringo increase legal certainty tofor businesses and citizens alike and to secure civil rights, labour rights and environmental standards;
Amendment 37 #
2020/2012(INL)
Motion for a resolution
Recital F
Recital F
F. whereas for the scope of thate legal framework to be adequate it should cover a wide range of technologies and their components, including algorithms, software and data used or produced by them, but also the global technical infrastructures allowing these technologies to function;
Amendment 38 #
2020/2012(INL)
Motion for a resolution
Recital G
Recital G
G. whereas thate Union’s legal framework should encompass all situations requiring due consideration of the Union’s principles and valurelevant stages, namely from the development, and deployment andto the use of the relevant technologies and their components;
Amendment 41 #
2020/2012(INL)
Motion for a resolution
Recital H
Recital H
H. whereas a harmonised approach to ethical principles relating to artificial intelligence, robotics and related technologies requires a common understanding in the Union of those concepts and of conceptsof concepts that make up the technologies, such as algorithms, and software, data or biometric recognition;
Amendment 43 #
2020/2012(INL)
Draft opinion
Paragraph 5
Paragraph 5
5. BUnderlines that consumer trust is essential for the development and implementation of artificial intelligence, robotics and related technologies which can carry inherent risks when they are based on opaque algorithms and biased data sets; believes that consumers should be adequately informed in a timely, impartialaccurate, easily-readable, standardised and accessible manner about the existence, process, rationale, reasoning and possible outcome of algorithmic systems, about how to reach a human with decision- making powers, and about how the system’s decisions can be checked, meaningfully contested and corrected;
Amendment 45 #
2020/2012(INL)
Motion for a resolution
Recital I
Recital I
I. whereas action at Union level is justified by the need forto ensure a homogenous application of common ethical principles enshrined in law when developing, deploying and using artificial intelligence, robotics and related technologies;
Amendment 48 #
2020/2012(INL)
Motion for a resolution
Recital J
Recital J
J. whereas common ethical principles are only efficient where they are also enshrined in law, and those responsible for ensuring, assessing and monitoring compliance are identified;
Amendment 49 #
2020/2012(INL)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas there are serious concerns that the current EU legal framework, including the consumer law acquis, data protection legislation, product safety and market surveillance legislation, as well as antidiscrimination legislation is not fit for purpose to effectively tackle the risks created by artificial intelligence, robotics and related technologies;
Amendment 50 #
2020/2012(INL)
Motion for a resolution
Recital J b (new)
Recital J b (new)
Jb. whereas ethical guidance, such as the principles adopted by the High-Level Expert Group on Artificial Intelligence, provides a good starting point but is not enough to ensure that businesses act fairly and guarantee the effective protection of individuals;
Amendment 51 #
2020/2012(INL)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses the need to effectively address the challenges created by algorithmic systems and to ensure that consumers are empowered and properly protected; underlines the need to look beyond the traditional principles of information and disclosure on which the consumer acquis has been built, as stronger consumer rights and clear limitations regarding the development and use of algorithmic systems will be necessary to ensure technology contributes to making consumers’ lives better and evolves in a way that respects fundamental and consumer rights and European values;
Amendment 54 #
2020/2012(INL)
Motion for a resolution
Recital K
Recital K
K. whereas each Member State should destablish a nationalignate a competent supervisory authority responsible for ensuring, assessing and monitoring compliance, and for enabling discussion and exchange of points of view in close cooperation with the concerned stakeholders and the civil society;
Amendment 56 #
2020/2012(INL)
Draft opinion
Paragraph 6
Paragraph 6
6. Recalls the importance of ensuring the availability of effective remedies for consumers and calls on the Member States to ensure that accessible, affordable, independent and effective procedures are available to guarantee an impartial review of all claims of violations of consumer rights through the use of algorithmic systems, whether stemming from public or private sector actors; urges that dispute resolution and collective redress mechanisms should be made available both offline and online to consumers, groups and legal entities, who wish to contest the introduction or ongoing use of a system with potential for consumer rights violations, or remedy a violation of rights;
Amendment 62 #
2020/2012(INL)
Draft opinion
Paragraph 7
Paragraph 7
7. Stresses that where public money contributes to the development or implementation of an algorithmic system, alongside open procurement and open contracting standards, the code, the generated data -as far as it is non-personal- and the trained model should be public by default, to enable transparency and reuse, among other goals, to maximise the achievement of the Single Market, and to avoid market fragmentation;
Amendment 70 #
2020/2012(INL)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Asks the Commission to issue binding rules for companies to publish transparency reports including the existence, functionality, process, main criteria, the logic behind, the datasets used and possible outcome of algorithmic systems and efforts to identify, prevent and mitigate discrimination in algorithmic systems in a timely, impartial, easily-readable, and accessible manner;
Amendment 74 #
2020/2012(INL)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Declares that the development, deployment and use of artificial intelligence, robotics and related technologies, including but not exclusively by human beings, should always respect should always be ethically guided, and designed to allow for human agency and, oversight, as well as allow the retrieval of humunderstanding and control at any time;
Amendment 80 #
2020/2012(INL)
Draft opinion
Paragraph 8
Paragraph 8
8. Underlines the importance of ensuring that the interests of marginalised and vulnerable consumers and groups are adequately taken into account and represented in any future regulatory framework; notes that for the purpose of analysing the impacts of algorithmic systems on consumers, access to data should be extended to appropriate parties notably independent researchers, media and civil society organisations, where possible via APIs, while fully respecting Union data protection and privacy law; recalls the importance of training and giving basic skills to consumers to deal with algorithmic systems in order to protect them from potential risks and detriment of their rights;
Amendment 84 #
2020/2012(INL)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Considers that the determination of whether artificial intelligence, robotics and related technologies are to be considered high-risk as regards compliance with ethical principlesto bear a risk should always follow from an impartial, regulated and external assessment;
Amendment 89 #
2020/2012(INL)
Motion for a resolution
Subheading 4
Subheading 4
Safety features, transparency and, accountability, and accessibility
Amendment 90 #
2020/2012(INL)
Motion for a resolution
Paragraph -3 a (new)
Paragraph -3 a (new)
-3a. Recalls that the right to information of consumers is anchored as a key principle under the EU Treaties (Article 169 TFEU), and underlines that it therefore should be fully implemented in the artificial intelligence and automated decision-making context. It should especially encompass transparency regarding the fact that automation processes are involved and about their mode of functioning, such as how information is filtered and presented;
Amendment 91 #
2020/2012(INL)
Motion for a resolution
Paragraph -3 b (new)
Paragraph -3 b (new)
-3b. Stresses that future regulation on artificial intelligence should follow a differentiated risk-based approach, based on the potential harm for the individual as well as for society at large, taking into account the specific use context of the artificial intelligence system, as well as the presumed opaqueness of decision- making; legal obligations should gradually increase with the identified risk level; in the lowest risk category there should be no special legal obligations beyond those already in place; algorithmic systems that may harm an individual, violate rights and freedoms, affect an individual’s access to resources, or negatively impact their participation in society shall not be deemed to belong to the lowest risk category; this risk-based approach should be technologically neutral and follow transparent rules to establish legal certainty;
Amendment 92 #
2020/2012(INL)
Motion for a resolution
Paragraph -3 c (new)
Paragraph -3 c (new)
-3c. Notes that it is essential for the risk assessment documentation, the software documentation, the algorithms and data sets used to be fully accessible to market surveillance authorities, while respecting Union law; additional prerogatives should be given to market surveillance authorities in this respect; stresses in this respect the importance of lawful reverse-engineering;
Amendment 93 #
2020/2012(INL)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls on the Commission to promote and fund the development of human-centric artificial intelligence, robotics and related technologies that address environment and climate challenges and that ensure equal access to and enjoyment of fundamental rights through the use of tax, procurement, or other incentives;
Amendment 93 #
2020/2012(INL)
Motion for a resolution
Paragraph -3 d (new)
Paragraph -3 d (new)
-3d. Calls for a requirement for developers and deployers to provide for the relevant documentation on the use and design instructions, including source code, development tools and data used by the system, to be made easily accessible through a mandatory legal deposit, where a risk assessment so indicates; Notes that only such an obligation would allow authorities to assess the compliance of systems with Union law and ethical principles; Recommends that for vital and advanced medical appliances, these authorities, or other independent trusted entities, retain the means necessary to provide services, for example to persons carrying these appliances, such as maintenance, repairs, and enhancements, including software updates, especially in the case where such services are no longer carried out by the original supplier, to preserve human dignity, autonomy, and self-determination of the individual;
Amendment 94 #
2020/2012(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Maintains that artificial intelligence, robotics and related technologies, including the software, algorithms and data used or produced by such technologies should be developed in a secure, traceable, technically rigorous manner and in good faith, ethically and legally binding manner and in good faith; Considers especially that all players throughout the development and supply chains of artificial intelligence products and services should be legally accountable for the ethical aspects laid out in this Regulation;
Amendment 96 #
2020/2012(INL)
Draft opinion
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Underlines that artificial intelligence and algorithmic systems should be legally compliant, robust, reliable and secure by design; calls on the Commission to ensure that the Union’s regulatory approach to algorithmic systems includes appropriate measures to enable that these systems are subject to independent control and oversight;
Amendment 101 #
2020/2012(INL)
Draft opinion
Paragraph 10
Paragraph 10
10. Calls foron the UnCommission to establish a European market surveillance structure for algorithmic systems issuing guidance, opinions and expertise to Member States’ authorities; considers that due to the disproportionate impact of algorithmic systems on women and minorities, the decisional levels of such a structure should be diverse and gender balanced;
Amendment 101 #
2020/2012(INL)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Underlines that explainability, is essential to ensuring thatnterpretability, auditability, traceability, and transparency, as well as access to technology, data and computing systems underlying such technologies contribute to citizens’ trust thesein technologiesy, even if the degree of explainability ismay be relative to the complexity of the technologies, and that it should be complemented by auditability and traceability;
Amendment 106 #
2020/2012(INL)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Asks the Commission to issue binding rules for companies to publish transparency reports including the existence, functionality, process, main criteria, the logic behind the datasets used and possible outcome of algorithmic systems and efforts to identify, prevent and mitigate discrimination in artificial intelligence and automated decision making systems in a timely, impartial, easily-readable, and accessible manner;
Amendment 107 #
2020/2012(INL)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Stresses that where public money essentially contributes to the development or implementation of artificial intelligence, robotics and related technologies, the code, the generated data - as far as it is non-personal - and the trained model should be public by default, in addition to open procurement and open contracting standards to enable transparency and reuse, among other goals, to maximise the achievement of the Single Market, and to avoid market fragmentation;
Amendment 108 #
Amendment 109 #
2020/2012(INL)
Motion for a resolution
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Recalls the importance of ensuring the availability of effective remedies for individuals and calls on the Member States to ensure that accessible, affordable, independent and effective procedures are available to guarantee an impartial review of all claims of violations of consumer, civil and equal rights through the use of algorithmic systems, whether stemming from public or private sector actors;
Amendment 111 #
2020/2012(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Recalls that the development, deployment and use of artificial intelligence, robotics and related technologies, including the software, algorithms and data used or produced by such technologies, should respect human dignitythem, should respect Union law, as well as human rights and dignity, autonomy and self-determination of the individual, and ensure equal treatment and non- discrimination for all;
Amendment 112 #
2020/2012(INL)
Draft opinion
Paragraph 11
Paragraph 11
11. Notes that it is essential for the risk assessment documentation, the software documentation, the algorithms and data sets used to be fully accessible to market surveillance authorities, while respecting Union law; invinotes the Commission to assess ifat additional prerogatives should be given to market surveillance authorities in this respect;
Amendment 113 #
2020/2012(INL)
Draft opinion
Paragraph 12
Paragraph 12
12. Calls for the designation and sufficient funding by each Member State of a competent national authority for monitoring the application of the provisions related to algorithmic systems;
Amendment 116 #
2020/2012(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Affirms that possible bias in and discrimination by software, algorithms and data should be addressed by settingcan cause manifest harm to individuals and to society, therefore they should be addressed by encouraging the development and sharing of strategies to counter these, such as de-biasing datasets in research and development, and by the development of rules for the processes through which they are designed and used, a; considers this approach wouldto have the potential to turn software, algorithms and data into a considerable counterbalance ton asset in combating bias and discrimination, and a positive force for positive social change;
Amendment 121 #
2020/2012(INL)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Underlines the importance of an ethical and regulatory framework including in particular provisions on the quality of data sets used for artificial intelligence and automated decision making systems depending on their context, especially regarding the representativeness of the training data, on the de-biasing of data sets, on the algorithms used, and on data and aggregation standards;
Amendment 124 #
2020/2012(INL)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Emphasises that socially responsible artificial intelligence, robotics and related technologies should safeguard and promote fundamental values of our society such as democracy, diverse and independent media and objective and freely available information, health and economic prosperity, equality of opportunity, workers’ and social rights, quality education, cultural and linguistic diversity, gender balance, digital literacy, innovation and creativitysocial equality, labour rights and prosperity as well as fundamental rights and values;
Amendment 136 #
2020/2012(INL)
Draft opinion
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. The main principles and aims of the proposal are: 1. A genuine Digital Single Market requires full harmonisation by a Regulation. 2. For algorithmic systems that are considered of a higher risk, horizontally applicable safeguards are essential, irrespective of sector-specific rules. 3. The horizontal Regulation should build on and ensure the implementation of the European framework of rights of users and consumers, in particular the protection of privacy, non-discrimination, dignity, fairness, freedom of expression and the right to an effective remedy.
Amendment 137 #
2020/2012(INL)
Draft opinion
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. The determination of the risk of algorithmic systems in a future horizontal regulation on artificial intelligence should be based on a combination of the severity of the potential damage and the probability of its occurrence. An increased risk potential of an algorithmic system must be accompanied by a higher degree of regulatory intervention. For the algorithmic systems in the lowest risk category, no further legal obligations should apply. A pre-defined set of criteria should be used to define the risk potential of an application or a scope of application. These criteria should include: 1. The quality and integrity of the collected and processed data 2. The intensity of the possible violation of rights, by taking into account: (a) the depth of the potential damage caused; (b) the number of persons affected; (c) the sum of potential damages, since on the one hand, there may be particularly intensive individual cases of rights violations and, on the other hand, there may be particularly frequent minor rights violations whose sum nevertheless has social relevance. 3. The impact on fundamental rights and freedoms; 4. The impact on society and the environment, including: (a) material/monetary damage and welfare effects for individuals or groups, for example in the allocation of resources or access to markets; (b) social implications, such as social, psychological, cultural and economic dimensions; (c) the systemic relevance for the functioning of society and democracy, such as elections, the formation of public opinion or the creation of socially useful infrastructure; (d) the impact on environmental sustainability, such as its energy consumption, the use of raw materials or effects on the climate. 5. The likelihood of the occurrence of damage including: (a) the role of the algorithm in taking the decision; (b) the dependence of the persons impacted, for example private sector services in competitive environments versus public services provided by the state or services by a market dominant company; (c) the reversibility of the consequences of a decision.
Amendment 137 #
2020/2012(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Proposes that theStresses the importance of responsible research and development aiming at maximizing a full potential of artificial intelligence, robotics and related technologies in this regard should be maximfor citizedns and explored through responsible research and innovation that requires thepublic good; calls for mobilisation of resources by the Union and its Member States in order to develop and support responsible innovation;
Amendment 140 #
2020/2012(INL)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Insists that the development, deployment and use of these technologies should not cause injury or harm of any kind to individuals or, society or environment;
Amendment 142 #
2020/2012(INL)
Motion for a resolution
Paragraph 10
Paragraph 10
10. States that it is essential that artificial intelligence, robotics and related technologies supportbenefit the people and the planet, contribute to the achievement of sustainable development, the preservation of the environment, climate neutrality and circular economy goals; the development, deployment and use of these technologies should be environmentally friendly, and contribute to minimisingcontribute to the green transition, preserve the environment, and minimise and remedy any harm caused to the environment during their lifecycle and across their entire supply chain;
Amendment 147 #
2020/2012(INL)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Proposes that the potential of artificial intelligence, robotics and related technologies in this regard should be maximized and explored through responsible research and innovationdevelopment that requires the mobilisation of resources by the Union and its Member States;
Amendment 148 #
2020/2012(INL)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Highlights that the development, deployment and use of these technologies provide numerous opportunities for the achievementpromoting of the Sustainable Development Goals outlined by the United Nations, global energy transition and decarbonisation;
Amendment 151 #
2020/2012(INL)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Calls on the Commission to promote and fund the development of human-centric artificial intelligence, robotics and related technologies that address environment and climate challenges and that ensure the equal enjoyment of fundamental rights through the use of tax, procurement, or other incentives;
Amendment 152 #
2020/2012(INL)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Observes that data production and use, including personal data such as biometric data, resulting from the development, deployment and use of artificial intelligence, robotics and related technologies are rapidly increasing, thereby underlining the need to respect and enforce the rights of citizens to privacy and protection of personal data in line with Union law;
Amendment 153 #
2020/2012(INL)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Points out that the possibility provided by these technologies of using personal data and non-personal data to categorise and micro-target people, identify the vulnerabilities of individuals, or exploit accurate predictive knowledge, has to be counterweighted by theeffectively enforced data protection and privacy principles ofsuch as data minimisation, the right to object to profiling and control one’s data, the right to obtain an explanation of a decision based on automated processing and privacy by design, as well as those of proportionality, necessity and limitation based on strictly identified purpose;
Amendment 156 #
2020/2012(INL)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Emphasises that when remote recognition technologies are used by public authorities during times of national emergency, such as during a national health crisis, their use should always be proportionate, limited in time and respectful of human dignity and, such as recognition of biometric features, notably facial recognition, are used by public authorities, their use should always be voluntary, proportionate, targeted and limited to specific objectives, restricted in time, and carried out in accordance with Union law, with due regard to human rights and dignity, autonomy and self- determination of the individual, and the fundamental rights set out in the Charter. Criteria for and limits to that use should be submitted to democratic scrutiny and debate, subjected to judicial review and respectful of human dignity, autonomy and self-determination of the individual, and further fundamental rights;
Amendment 159 #
2020/2012(INL)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls on the Commission to propose a ban on artificial intelligence, automated decision making and related technologies for purposes of mass surveillance and for the use of biometric technologies by private actors in public spaces to safeguard the rights and freedoms guaranteed under the Charter of fundamental rights;
Amendment 168 #
2020/2012(INL)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Stresses that appropriate governance of the development, deployment and use of artificial intelligence, robotics and related technologies, including by having measures in place focusing on accountability and addressing potential risks of bias and discrimination, can increases citizens’ safety and trust in those technologies;
Amendment 171 #
2020/2012(INL)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Observes that data are used in large volumes in the development of artificial intelligence, robotics and related technologies and that the processing, sharing of and access to such data must be governed in accordance with the requirements of quality, integrity, security, privacy and controllaw;
Amendment 179 #
2020/2012(INL)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Underlines the need to ensure that data belonging toon, or stemming from vulnerable groups, such as people with disabilities, patients, children, minorities and migrants, are protected adequately protected;
Amendment 180 #
2020/2012(INL)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Highlights that such regulatory governance should also and specifically address the public sector, notably governments due to their unique position of power allowing them to employ algorithmic systems with major impact on citizens’ lives and fundamental rights;
Amendment 183 #
Amendment 185 #
2020/2012(INL)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Notes the added value of having nationalat relevant or designated supervisory authorities in each Member States responsible for ensuring, assessing and monitoring compliance with legal and ethical principles for the development, deployment and use of artificial intelligence, robotics and related technologies can contribute to the compliance of development and research in artificial intelligence, robotics and related technologies;
Amendment 197 #
2020/2012(INL)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls for such authorities to be tasked with promoting regular exchanges with civil society and innovation within the Union by providing assistance to relevant research and development, and concerned stakeholders, in particular small and medium-sized enterprises or start-ups;
Amendment 218 #
2020/2012(INL)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Commission to follow- up on that request, especially in view of the added-value of having a body at Union level coordinating the mandates and actions, and sharing best practionsce of each nationalthe competent supervisory authority as referred to in the previous sub-sectionies, and of contributing to the collaboration of research and development in the field throughout the EU;
Amendment 228 #
2020/2012(INL)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Believes that such a body, as well as the certification referred to in the following paragraph, would not only benefit the development of Union industry and innovation in that context but also increase the awareness of our citizens regarding the opportunities and risks inherent to these technologiesy;
Amendment 231 #
2020/2012(INL)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Suggests to create a centre of expertise, bringing together academia, research, industry, and individual experts at Union level, either as an integral part of or associated with such Agency, to foster exchange of knowledge and technical expertise, and to facilitate collaboration throughout the EU and beyond;
Amendment 241 #
2020/2012(INL)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Suggests that the European Agency for Artificial Intelligence develops common criteria and an application process relating to the granting of a European certificate of ethical compliance following a request by any developer, deployer or user seeking to certify the positive assessment of compliance carried out by the respective nationalcompetent supervisory authority;
Amendment 242 #
2020/2012(INL)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Believes that such European certificate of ethical compliance would foster ethics by design throughout the supply chain of AI ecosystems;
Amendment 243 #
2020/2012(INL)
Motion for a resolution
Paragraph 25 b (new)
Paragraph 25 b (new)
25b. Recommends the certification to be a mandatory prerequisite to the eligibility for public procurement procedures on artificial intelligence and automated decision making systems in the Union;
Amendment 244 #
2020/2012(INL)
Motion for a resolution
Paragraph 25 c (new)
Paragraph 25 c (new)
25c. Proposes that the European Agency for Artificial Intelligence coordinate the determination of breaches of the principles of non-discrimination by the competent supervisory authorities, in cooperation with other competent authorities in the Union, notably the Consumer Protection Cooperation Network, national consumer protection bodies and civil society, and facilitate means for individuals to meaningfully contest and remedy harm caused by such discrimination, and other infringement of fundamental rights by artificial intelligence and automated decision making systems, whether stemming from public or private sector actors;
Amendment 246 #
2020/2012(INL)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Stresses that the Union’s legal and ethical principles for the development, deployment and use of these technologies should be promoted worldwide by cooperating with international partners and liaising with third countries with differentcontinuing the critical and ethics-based dialogue with third countries implementing alternative models of AI regulation, development and deployment models.
Amendment 250 #
2020/2012(INL)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Recalls that the opportunities and risks inherent to these technologies have a global dimension that requires a consistent approach at intinternational coopernational level and thus calls on the Commission to work in bilateral and multilateral settings to advocate and ensure ethical compliance.
Amendment 260 #
2020/2012(INL)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Concludes, following the above reflections on aspects related to the legal and ethical dimensions of artificial intelligence, robotics and related technologies, that the ethical dimension should be framed as a series of principles resultingenshrined in a legal framework at Union level, supervisported by national competent supervisory authorities, coordinated and enhanced by athe aforementioned European Agency for Artificial Intelligence, regularly evaluated by the aforementioned centre of expertise and duly respected and certified within the internal market;
Amendment 266 #
2020/2012(INL)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Following the procedure of Article 225 of the Treaty on the Functioning of the European Union, requests the Commission to submit a proposal for a Regulation on ethical principles for the development, deployment and use of artificial intelligence, robotics and related technologies on the basis of Article 114 of the Treaty on the Functioning of the European Union and following the detailed recommendations set out in this report and the annex hereto;
Amendment 278 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point I – indent 1
Annex I – part A – point I – indent 1
- to build trust in artificial intelligence, robotics and relatedintelligent and autonomous technologies by ensuring that these technologies will be developed, deployed and used in an ethical manner at all levels of involved stakeholders and of society;
Amendment 281 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point I – indent 2
Annex I – part A – point I – indent 2
- to support the development of artificial intelligence, robotics and related technologies in the Union, including by helping businesses and start-ups to assess and address with certainty current and future regulatory requirements and risks during the development procesinnovation and business development process, and during the subsequent phase of use by professionals and private individuals;
Amendment 285 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point I – indent 3
Annex I – part A – point I – indent 3
- to support deployment of artificial intelligence, robotics and related technologies in the Union by providing the appropriate regulatory framework, in the aim of encouraging regulatory certainty and innovation while guaranteeing fundamental rights and consumer protection;
Amendment 289 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point I – indent 4
Annex I – part A – point I – indent 4
Amendment 291 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point I – indent 5
Annex I – part A – point I – indent 5
- to require transparency and better information flows among citizens and within organisations developing, deploying or using artificial intelligence, robotics and related technologies as a means of ensuring that these technologies are compliant with Union law, human rights and values, and with the ethical principles of the proposed Regulation.
Amendment 298 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point II – indent 4
Annex I – part A – point II – indent 4
- the work carried out by the “Scompetent supervisory Aauthority”ies in eachthe Member States to ensure that ethical principles are applied to artificial intelligence, robotics and related technologies;
Amendment 300 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point II – indent 5
Annex I – part A – point II – indent 5
- the involvement and consultation of, as well as provision of support to, relevant research and development, and concerned stakeholders, including start- ups, businesses, social partners, and other representatives of the civic society.
Amendment 307 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point III – indent 3
Annex I – part A – point III – indent 3
- safety features, transparency and, accountability, and accessibility;
Amendment 308 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point III – indent 4
Annex I – part A – point III – indent 4
- safeguards and remedies against bias and discrimination;
Amendment 311 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point III – indent 5
Annex I – part A – point III – indent 5
- social responsibility and gender balanceequality in artificial intelligence, robotics and related technologies;
Amendment 313 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point III – indent 7
Annex I – part A – point III – indent 7
- respect for fundamental rights, including privacy and limitations to the use of biometric recognition;
Amendment 316 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point IV – introductory part
Annex I – part A – point IV – introductory part
IV. The key elements of the Commission’s task as regards compliance with legal and ethical principles for the development, deployment and use of artificial intelligence, robotics and related technologies are:
Amendment 320 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point IV – indent 2
Annex I – part A – point IV – indent 2
- raising awareness, providing information, education, training and engaging in exchanges with designers, developers, deployers and users throughout the Union, citizens, users and institutional bodies throughout the Union and internationally.
Amendment 329 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point V – indent 1
Annex I – part A – point V – indent 1
- to supervise the application of the proposed Regulationrelevant Union law;
Amendment 331 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point V – indent 2
Annex I – part A – point V – indent 2
- to issue guidance as regards the application of the proposed Regulationrelevant Union law;
Amendment 333 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point V – indent 3
Annex I – part A – point V – indent 3
- to liaise with the “SMember States and concerned competent supervisory Aauthority” in each Member State and coordinate their mandate and tasksies, coordinate their contributions and collaboration;
Amendment 336 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point V – indent 4
Annex I – part A – point V – indent 4
- to develop a European certificate of compliance with legal and ethical principles with specific requirements for artificial intelligence, robotics and related technologies targeting children, young adults or other vulnerable persons;
Amendment 338 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point V – indent 5
Annex I – part A – point V – indent 5
- to support regular exchanges with concerned stakeholders and the civil societycross-sector and cross- border co-operation through regular exchanges, in the form of a structured dialogue, with concerned stakeholders and the civil society, in the EU and in the world, notably with social partners, researchers and competent authorities in the fields of neuroscience, cognitive science, health, sociology, economy and law.
Amendment 339 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point V – indent 5 a (new)
Annex I – part A – point V – indent 5 a (new)
- to support regular exchanges with concerned stakeholders as regards the development of technical standards at international level.
Amendment 340 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point V – indent 5 b (new)
Annex I – part A – point V – indent 5 b (new)
- to organise or support the activities of the centre of experts, assessing technological standards and evaluation this regulation and work of the Agency based on expertise of their members in the relative realm of technology and humanities.
Amendment 341 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point VI – introductory part
Annex I – part A – point VI – introductory part
VI. The key tasks of the “Scompetent supervisory Aauthority”ies in eachthe Member States should be:
Amendment 344 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point VI – indent 1
Annex I – part A – point VI – indent 1
- to assess whether artificial intelligence, robotics and related technologies, including software, algorithms and data used or produced by such technologies, developed, deployed and used in the Union are to be considered high-risk technologies;
Amendment 346 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point VI – indent 2
Annex I – part A – point VI – indent 2
- to monitor their compliance with thelaw and ethical principles set out in the proposed Regulation;
Amendment 349 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point VI – indent 3
Annex I – part A – point VI – indent 3
- to contribute to the consistent application of the legal framework and the proposed Regulation in cooperation with other Scompetent supervisory Aauthorities, the European Commission and other relevant institutions, bodies, offices and agencies of the Union; and
Amendment 351 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point VI – indent 4
Annex I – part A – point VI – indent 4
- to be responsible for establishing standards for the governance of artificial intelligence, robotics and related technologies, including by lisustaisning with the maximum possible number ofa structured dialogue with all relevant stakeholders and civil society representatives.;
Amendment 354 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point VI – indent 4 a (new)
Annex I – part A – point VI – indent 4 a (new)
- to raise awareness, provide information on artificial intelligence, robotics and related technologies to the public, and support the training of relevant professions, including in the judiciary;
Amendment 356 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point VI – indent 4 b (new)
Annex I – part A – point VI – indent 4 b (new)
- to empower people with the skills for AI and support workers for a fair transition;
Amendment 357 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point VI – indent 4 c (new)
Annex I – part A – point VI – indent 4 c (new)
- to serve as a first point of contact in cases of suspected discriminating treatment or of violation of other rights as a result of use of artificial intelligence and automated decision making systems, conduct ethical evaluation of such cases in cooperation with other competent authorities in the Union, notably the Consumer Protection Cooperation Network, national consumer protection bodies and civil society; to facilitate means to individuals to meaningfully contest and remedy harm caused by such discrimination or violations;
Amendment 358 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point VI – indent 4 d (new)
Annex I – part A – point VI – indent 4 d (new)
- to facilitate the sharing of best practice and techniques for de-biasing datasets, and combatting discrimination in artificial intelligence and automated decision making systems, between competent supervisory authorities, research and development, civil society and individual experts.
Amendment 362 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point VII
Annex I – part A – point VII
VII. The key role of stakeholders should be to engage with the Commission, the European Agency for Artificial Intelligence and the “Scompetent supervisory Aauthority”ies in each Member States.
Amendment 367 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 1
Annex I – part B – recital 1
(1) The development, deployment and use of artificial intelligence, robotics and related technologies, including the software, algorithms and data used or produced by such technologies, are based on a desire toshould serve society. They can entail opportunities and risks, which should be addressed and regulated by a comprehensive legal framework of Union law, reflecting ethical principles to be complied with from the moment of the development and deployment of such technologies to their use.
Amendment 371 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 3
Annex I – part B – recital 3
(3) In this context, the current diversity of the rules and practices to be followed across the Union poses a significant risk to the protection of the well-being and prosperity of individuals and society alike, as well as to the coherent exploration of the full potential that artificial intelligence, robotics and related technologies have in promoting and preserving that well-being and prosperity. Differences in the degree of consideration of the ethical dimension inherent to these technologies can prevent them from being freely developed, deployed or used within the Union and such differences can constitute an obstacle to the pursuit of economic activities at Union level, distort competition and impede authorities in the fulfilment of their obligations under Union law. In addition, the absence of a common legal framework of, reflecting the Union’s ethical principles for the development, deployment and use of artificial intelligence, robotics and related technologies results in legal uncertainty for all those involved, namely developers, deployers and users.
Amendment 374 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 4
Annex I – part B – recital 4
(4) Nevertheless, this Regulation should provide a margin of manoeuvre for Member States, including with regard to how the mandate of their respective nationalcompetent supervisory authorityies is to be carried out in view of the objectives it is to pursue as laid down herein.
Amendment 376 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 5
Annex I – part B – recital 5
(5) The geographical scope of application of such a framework should cover all the components of artificial intelligence, robotics and related technologies throughout their developedment, deployed orment and used in the Union, including in cases where part of the technologies might be located outside the Union or not have a specificingle location, such as in the case of cloud computing services.
Amendment 380 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 6
Annex I – part B – recital 6
(6) A common understanding in the Union of notions such as artificial intelligence, robotics, related technologies, and algorithms and biometric recognition is required in order to allow for a harmonized regulatory approach. However, the specific legal definitions need to be developed in the context of this Regulation without prejudice to other definitions used in other legal acts and international jurisdictions.
Amendment 381 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 6 a (new)
Annex I – part B – recital 6 a (new)
Amendment 382 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 6 b (new)
Annex I – part B – recital 6 b (new)
(6b) Bias can originate both from decisions informed or made by an automated system as well as from data sets on which such decision making is based or trained. Such bias usually signifies a personal or social prejudice or perception of a person or a group based on their real or ascribed traits.
Amendment 384 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 7
Annex I – part B – recital 7
(7) The development, deployment and use of artificial intelligence, robotics and related technologies, including the software, algorithms and data used or produced by such technologies, should be such as to ensure that their execution does not run against the best interests of affected citizens are considered,nd the public and should respect Union law, based on fundamental rights as set out in the Charter of Fundamental Rights of the European Union (‘the Charter’), settled case-law of the Court of Justice of the European Union, and other European and international instruments which apply in the Union.
Amendment 388 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 8
Annex I – part B – recital 8
(8) ADecisions made or informed by artificial intelligence, robotics and related technologies have been provided with the ability to learn from data and experience, as well as to take founded decisions. Such capacities need toshould remain subject to meaningful human review, judgment, intervention and control. The technical and operational complexity of such technologies should never prevent their deployer or user from being able to, at the very least, alter or halt them in cases where the compliance with the principles set out inexecution of such technology amounts to essential risk for goods and rights of the user or run counter to the principles of the Union law and this Regulation is at risk.
Amendment 394 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 9
Annex I – part B – recital 9
(9) Any artificial intelligence, robotics and related technologies, including the software, algorithms and data used or produced by such technologies, which entails a high risk of breaching the principles of safety, transparency, accountability, non-bias or non- discrimination, social responsibility and gender balance, environUnion’s legal principles and fundamental friendliness and sustainability, privacy and governance, should be considered high-risk from a compliance with ethical principles perspectiveghts should be considered high-risk where that is the conclusion of an impartial, regulated and external risk assessment by the national supervisory authorityCommission, the European Parliament, the European Agency for Artificial Intelligence or a competent supervisory authority. The affected developer and deployer should be heard and its own self- assessment be taken into account for the final decision.
Amendment 399 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 10
Annex I – part B – recital 10
(10) Notwithstanding the risk assessment carried out in relation to compliance with Union law and ethical principles, artificial intelligence, robotics and related technologies, including the software, algorithms and data used or produced by such technologies, should always be assessed as to their risk on the basis of objective criteria and in line with relevant sector-specific legislation applicable in different fields such as those of health, transport, employment, justice and home affairs, media, education and culture.
Amendment 403 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 11
Annex I – part B – recital 11
(11) Trustworthy artificial intelligence, robotics and related technologies, including the software, algorithms and data used or produced by such technologies should be developed, deployed and used in a safe, transparent and, accountable and accessible manner based on the features of robustness, resilience, security, accuracy and error identification, explainability and identifiability, interpretability, auditability, transparency, identifiability, and access to technology, data and computing systems underlying such technologies, and in a manner that makes it possible to be temporarily disabled and tor reverted to historicala previous state, identified as restoring safe functionalities in cases of non- compliance with those safety features.
Amendment 406 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 12
Annex I – part B – recital 12
(12) Developers, deployers and users arcan be responsible forto varying degree for the compliance with safety, transparency, and accountability, and accessibility principles to the extent of their involvement with the artificial intelligence, robotics and related technologies concerned, including the software, algorithms and data used or produced by such technologies. Developers should ensure that the technologies concerned are designed and built in line with safetythe abovementioned features, whereas deployers and users should deploy and use the concerned technologies in full observance of those features.
Amendment 408 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 13 a (new)
Annex I – part B – recital 13 a (new)
(13a) Where a risk assessment so indicates, developers and deployers should be required to provide for the relevant documentation on the use and design instructions, including the source code, development tools and data used by the system, made easily accessible through a mandatory legal deposit;
Amendment 411 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 14
Annex I – part B – recital 14
(14) To the extent that their involvement with those technologies influences the compliance with the safety, transparency and, accountability, and accessibility requirements set out in this Regulation, users should use artificial intelligence, robotics and related technologies in good faith. This means, in particular, that they should not use those technologies in a way that contravenes Union law or the ethical principles laid down in this legal framework and the requirements listed therein. Beyond such use in good faith, users should be exempt from any responsibility that otherwise falls upon developers and deployers as established in this Regulation.
Amendment 412 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 15
Annex I – part B – recital 15
(15) Individuals have a right to trust technology they use to perform in a reasonable manner, to respect their trust, and protect their good faith in it. The citizens’ trust in artificial intelligence, robotics and related technologies, including the software, algorithms and data used or produced by such technologies, depends on the understanding and comprehension of the technical processes. The degree of explainability of such processes should depend on the context and the severity of the consequences of an erroneous or inaccurate output of those technical processes, and needs to be sufficient for challenging them and seeking redress. Auditability and, traceability, and transparency should remedy the possible unintelligibility of such technologies.
Amendment 415 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 16
Annex I – part B – recital 16
(16) Society’s trust in artificial intelligence, robotics and related technologies, including the software, algorithms and data used or produced by such technologies, depends on the degree to which their assessment, auditability and traceability are enabled in the technologies concerned. Where the extent of their involvement so requires, developers should ensure that such technologies are designed and built in a manner that enables such an assessment, auditing and traceability. Deployers and users should ensure that artificial intelligence, robotics and related technologies are deployed and used in full respect of accessibility, and transparency requirements, and allowing auditing and traceability.
Amendment 419 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 18
Annex I – part B – recital 18
(18) Software, algorithms and data used or producproduced or destined to be used by artificial intelligence, robotics and related technologies should be considered biased where, for example, - among others - they display suboptimal results in relation to any person or group of persons, on the basis of a prejudiced personal, social or partial perception and subsequent processing of data relating to their traits.
Amendment 421 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 19
Annex I – part B – recital 19
(19) In line with Union law, software, algorithms and data used or producproduced or destined to be used by artificial intelligence, robotics and related technologies should be considered discriminatory where they treat a person or group of persons differently, including by putting them at a disadvantage when compared to others, based on grounds such as their personal traits, without objective or reasonable justificationproduce outcomes that disadvantage a person based on the basis of a group characteristic that is considered to be irrelevant or otherwise unacceptable or where – despite apparent neutrality of the technologies - such outcomes have disproportionate negative effects on people belonging to such groups, unless objectively justified by a legitimate aim, and the means of achieving that aim are appropriate and necessary.
Amendment 422 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 20
Annex I – part B – recital 20
Amendment 424 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 21
Annex I – part B – recital 21
(21) Artificial intelligence, robotics and related technologies, including software, algorithms and data used or producproduced or destined to be used by such technologies, should perform on the basis of sustainable progress. Such technologies should not run countribute comprehensively toer to the interests of the people and the planet, the cause of preservation of the environment, the green transition, and the achievement of the Sustainable Development Goals outlined by the United Nations with a view to enabling future generations to flourish. Such technologies can support the monitoring of adequate progress on the basis of sustainability and social cohesion indicators, and by using responsible research and innovation tools requiring the mobilisation of resources by the Union and its Member States to support and invest in projects addressing those goals.
Amendment 426 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 22
Annex I – part B – recital 22
(22) The development, deployment and use of artificial intelligence, robotics and related technologies, including the software, algorithms and data used or producproduced or destined to be used by such technologies, should in no way causepurposefully cause or consciously accept by design injury or harm of any kind to individuals or society. Accordingly, such technologies should be developed, deployed and used in a socially responsible manner.
Amendment 431 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 25
Annex I – part B – recital 25
(25) Socially responsible artificial intelligence, robotics and related technologies, including the software, algorithms and data used or producproduced or destined to be used by such technologies, can be defined as technologies which both safeguard and promote a number of different aspects of society, most notably democracy, health and economic prosperity, equality of opportunity, workers’ and social rights, diverse and independent media and objective and freely available information, allowing for public debate, quality education, cultural and linguistic diversity, gender balance, digital literacy, innovation and creativity. They are also those that are developed, deployed and used having due regard for their ultimate impact on the physical and mental well-being of citizens.
Amendment 432 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 26
Annex I – part B – recital 26
(26) These technologies should also be developed, deployed and used with a view to supporting social inclusion, plurality, solidarity, fairness, equality and cooperation and their potential in that context should be maximized and explored through research and innovation projects. The Union and its Member States should therefore mobilise their resources for the purpose of supporting and investing in such projects.
Amendment 434 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 27
Annex I – part B – recital 27
Amendment 435 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 28
Annex I – part B – recital 28
(28) The development, deployment and use of artificial intelligence, robotics and related technologies, including the software, algorithms and data used or producproduced or destined to be used by such technologies, should take into consideration their environmental footprint and should not cause harm to the environment during their lifecycle and across their entire supply chain. Accordingly, such technologies should be developed, deployed and used in an environmentally friendly manner that manner that preserves the environment, minimises and remedies their environmental footprint and contributes to the green transition, supports the achievement of climate neutrality and circular economy goals.
Amendment 444 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 31
Annex I – part B – recital 31
(31) These technologies should also be developed, deployed and used with a view to supporting the achievement of environmental goals such as reducending waste production, diminishing the carbon footprint, preventmedying climate change and avoiding environmental degradationpreserving the environment, and their potential in that context should be maximized and explored through research and innovation projects. The Union and the Member States should therefore mobilise their resources for the purpose of supporting and investing in such projects.
Amendment 445 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 33
Annex I – part B – recital 33
(33) Any artificial intelligence, robotics and related technologies, including software, algorithms and data used or producproduced or destined to be used by such technologies, developed, deployed and used in the Union should fully respect Union citizens’ rights to privacy and protection of personal data. In particular, their development, deployment and use should be in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council1 and Directive 2002/58/EC of the European Parliament and of the Council2 . __________________ 1Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1). 2 Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201, 31.7.2002, p. 37).
Amendment 448 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 34
Annex I – part B – recital 34
(34) The ethical boundaries of the use of artificial intelligence, robotics and related technologies, including software, algorithms and data used or produced by such technologies, should be duly considered when using remote recognition technologies, such as biometricrecognition of biometric features, notably facial recognition, to automatically identify individuals. When these technologies are used by public authorities during times of national emergency, such as during a national health crisis, the use should be proportionate and criteria for that use defined in order to be able, the use should always be voluntary, proportionate, targeted and limited to specific objectives, restricted in time and carried out in accordance with Union law, with due regard to human rights and dignity, autonomy and self-determination of the individual, and the fundamental rights set out in the Charter. Criteria for and limits to that use should be subjected to judicial review and submitted to democratic scrutiny and debate involving civil society, in order to determine whether, when and how it should take place, and such use should be mindful of its psychological and sociocultural impact with due regard for human dignity and the fundamental rights set out in the Charter.
Amendment 454 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 36
Annex I – part B – recital 36
(36) Among the existing relevant governance standards are, for example, the ‘Ethics Guidelines for Trustworthy AI’ drafted by the High-Level Expert Group on Artificial Intelligence set up by the European Commission, and other technical standards such as those adopted by the European Committee for Standardization (CEN), the European Committee for Electrotechnical Standardization (CENELEC), and the European Telecommunications Standards Institute (ETSI), at European level, the International Organization for Standardization (ISO) and the Institute of Electrical and Electronics Engineers (IEEE), at international level.
Amendment 459 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 37
Annex I – part B – recital 37
(37) Sharing and use of data by multiple participants is sensitive and therefore the development, deployment and use of artificial intelligence, robotics and related technologies should be governed by relevant standards and protocols reflecting the requirements of quality, integrity, security, privacy and control. The data governance strategy should focus on the processing, sharing of and access to such data, including its proper management, auditability and traceability, and guarantee the adequate protection of data belonging to vulnerable groups, including people with disabilities, patients, children, minorities and migrants.
Amendment 461 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 38
Annex I – part B – recital 38
(38) The effective application of the ethical principles laid down in this Regulation will largely depend on Member States’ appointment of an independent public authority, or an authority with a public purpose to act as a supervisory authority. In particular, each nationalcompetent supervisory authority should be responsible for assessing and monitoring the compliance of artificial intelligence, robotics and related technologies considered a high-risk in light of the obligations set out in this Regulation.
Amendment 466 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 39
Annex I – part B – recital 39
(39) Each nationalcompetent supervisory authority shall also carry the responsibility of regulating the governance of these technologies. They therefore have an important role to play in promoting the trust and safety of Union citizens, as well as in enabling a democratic, pluralistic and equitable society.
Amendment 468 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 40
Annex I – part B – recital 40
(40) NationalCompetent supervisory authorities should engage in substantial and regular cooperation with each other, as well as with the European Commission and other relevant institutions, bodies, offices and agencies of the Union, in order to guarantee a coherent cross-border action, and allow for consistent development, deployment and use of these technologies within the Union in compliance with the ethical principles laid down in this Regulation.
Amendment 470 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 41
Annex I – part B – recital 41
(41) NationalCompetent supervisory authorities should ensure the gathering of a maximum number of stakeholders such as industry, businesses, social partners, researchers, consumers and civil society organisations, and provide a pluralistic forum for reflection and exchange of views, to facilitate cooperation and collaboration between stakeholders, in particular from academia, research, industry, civil society and individual experts, so as to achieve comprehensible and accurate conclusions for the purpose of guiding how governance is regulated.
Amendment 471 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 42
Annex I – part B – recital 42
(42) Additionally, these nationalcompetent supervisory authorities should provide professional administrative guidance and support to developers, deployers and users, particularly small and medium-sized enterprises or start-ups, encountering challenges as regards complying with the principles laid down in this Regulation.
Amendment 482 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 46
Annex I – part B – recital 46
(46) Action at Union level as set out in this Regulation would be best achieved through the establishment of a European Agency for Artificial Intelligence. Such a body would be essential in coordinating the mandates and actions of the nationalcompetent supervisory authorities in each Member States, outlining objective criteria for the risk assessment of artificial intelligence, robotics and related technologies, developing and issuing a certification of compliance with the ethical principles laid down in this Regulation, supporting regular exchanges with concerned stakeholders and civil society, creating a centre of expertise, bringing together academia, research, industry, and individual experts at Union level to foster exchange of knowledge and technical expertise, and promoting the Union’s approach through international cooperation and ensuring a consistent reply worldwide to the opportunities and risks inherent in these technologies.
Amendment 489 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 2 – paragraph 1
Annex I – part B – Article 2 – paragraph 1
This Regulation applies to artificial intelligence, robotics and related technologies, including software, algorithms and data used or producproduced or destined to be used by such technologies, developed, deployed or used in the Union.
Amendment 496 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 4 – paragraph 1 – point a
Annex I – part B – Article 4 – paragraph 1 – point a
(a) ‘artificial intelligence’ means software systems that display intelligent behaviour by, inter alia, collecting, process and interpret structured or unstructured data, identify patterns and establish models in ordering, analysing, and interpreting their environment and taking actions, with some degree of autonomy, to reach conclusions or take acieve specific goals1a; __________________ 1aDefinition as in the physical or virtual dimension based on such conclusions;European Commission Communication COM(2018) 237 final, 25.04.2018, page 1, adapted.
Amendment 497 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 4 – paragraph 1 – point a a (new)
Annex I – part B – Article 4 – paragraph 1 – point a a (new)
(aa) ‘automated decision making’, decision support, or decision informing systems are procedures in which decisions are initially, partly or completely, delegated to another person or corporate entity by way of using a software or a service, who then in turn use automatically executed decision-making models to perform an action;
Amendment 498 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 4 – paragraph 1 – point b
Annex I – part B – Article 4 – paragraph 1 – point b
(b) ‘robotics’ means technologies that enablautomatically controlled, reprogrammable, multi- purpose machines1a to perform tasks traditionally performed by human beingsactions in the physical world including by way of artificial intelligence or related technologies; __________________ 1aFrom the definition for industrial robots in ISO 8373.
Amendment 500 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 4 – paragraph 1 – point c
Annex I – part B – Article 4 – paragraph 1 – point c
Amendment 501 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 4 – paragraph 1 – point d
Annex I – part B – Article 4 – paragraph 1 – point d
Amendment 502 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 4 – paragraph 1 – point e
Annex I – part B – Article 4 – paragraph 1 – point e
Amendment 503 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 4 – paragraph 1 – point f
Annex I – part B – Article 4 – paragraph 1 – point f
Amendment 506 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 4 – paragraph 1 – point g
Annex I – part B – Article 4 – paragraph 1 – point g
Amendment 507 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 4 – paragraph 1 – point h
Annex I – part B – Article 4 – paragraph 1 – point h
Amendment 508 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 4 – paragraph 1 – point i
Annex I – part B – Article 4 – paragraph 1 – point i
Amendment 509 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 4 – paragraph 1 – point j
Annex I – part B – Article 4 – paragraph 1 – point j
Amendment 512 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 4 – paragraph 1 – point k
Annex I – part B – Article 4 – paragraph 1 – point k
Amendment 513 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 4 – paragraph 1 – point l
Annex I – part B – Article 4 – paragraph 1 – point l
Amendment 514 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 4 – paragraph 1 – point m
Annex I – part B – Article 4 – paragraph 1 – point m
Amendment 516 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 4 – paragraph 1 – point n
Annex I – part B – Article 4 – paragraph 1 – point n
Amendment 517 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 4 – paragraph 1 – point o
Annex I – part B – Article 4 – paragraph 1 – point o
Amendment 521 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 4 – paragraph 1 – point p
Annex I – part B – Article 4 – paragraph 1 – point p
Amendment 524 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 5 – paragraph 1
Annex I – part B – Article 5 – paragraph 1
1. Any artificial intelligence, robotics and related technologies, including software, algorithms and data used or produced by such technologies, shall be developed, deployed and used in the Union in accordance with Union law and fundamental rights, and the ethical principles laid down in this Regulation.
Amendment 536 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 6 – paragraph 2
Annex I – part B – Article 6 – paragraph 2
2. The technologies listed in paragraph 1 shall be developed, deployed and used in a manner that guarantees full human oversight at any time, in particular where that development, deployment or use entails a risk of breaching Union law or the ethical principles set out in this Regulation.
Amendment 539 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 6 – paragraph 3
Annex I – part B – Article 6 – paragraph 3
3. The technologies listed in paragraph 1 shall be developed, deployed and used in a manner that allows human control to be regained at any time, including through the altering or halting of those technologies, when that development, deployment or use entails a risk of breaching Union law or the ethical principles set out in this Regulation.
Amendment 542 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 7 – paragraph 1
Annex I – part B – Article 7 – paragraph 1
1. For the purposes of this Regulation, artificial intelligence, robotics and related technologies, including software, algorithms and data used or produced by such technologies, which entail a significant risk of breaching Union law, fundamental rights, and the ethical principles set out in this Regulation shall be considered high-risk technologies.
Amendment 544 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 7 – paragraph 2
Annex I – part B – Article 7 – paragraph 2
2. Where artificial intelligence, robotics and related technologies are considered high-risk technologies, an assessment of compliance of those technologies with the obligations set out in this Regulation shall be carried out and monitored by the nationalcompetent supervisory authorities referred to in Article 14 or the European Agency for Artificial Intelligence.
Amendment 551 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 8 – paragraph 1 – point a
Annex I – part B – Article 8 – paragraph 1 – point a
Amendment 556 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 8 – paragraph 1 – point d
Annex I – part B – Article 8 – paragraph 1 – point d
(d) developed, deployed and used in a manner that ensures that there is trust that the technology works as expected by its user and performance is reliable as regards reaching the aims and carrying out the activities they have been conceived for, including by ensuring that all operations are reproducible;
Amendment 560 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 8 – paragraph 1 – point e
Annex I – part B – Article 8 – paragraph 1 – point e
(e) developed, deployed and used in a manner that ensures that the performance of the aims and activities of the particular technologies is accurate; if occasional inaccuracies cannot be avoided, the system shall indicate the likeliness of errors and inaccuracies to deployers and users through an appropriate disclaimer messageappropriately;
Amendment 561 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 8 – paragraph 1 – point f
Annex I – part B – Article 8 – paragraph 1 – point f
(f) developed, deployed and used in an easily explainable, auditable, traceable, and transparent manner so as to ensure that there can be a review of the technical processes of the technologies;
Amendment 564 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 8 – paragraph 1 – point h
Annex I – part B – Article 8 – paragraph 1 – point h
(h) in accordance with Article 6(3), developed, deployed and used in a manner that makes it possible, in the event of non- compliance with the safety features set out in subparagraphs (a) to (g), for the technologies concerned to be temporarily disabled and to revert to historicala previous state, identified as restoring safe functionalities.
Amendment 567 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 8 – paragraph 2
Annex I – part B – Article 8 – paragraph 2
2. In accordance with Article 6(2), the technologies mentioned in paragraph 1 shall be developed, deployed and used in transparent and traceable manner so that their elements, processes and phases are documented to the highest standards, and that it is possible for the nationalcompetent supervisory authorities referred to in Article 14 to assess the compliance of such technologies with the obligations set out in this Regulation. In particular, the developer, deployer or user of those technologies shall be responsible for, and be able to demonstrate, compliance with the safety features set out in paragraph 1.
Amendment 568 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 8 – paragraph 3
Annex I – part B – Article 8 – paragraph 3
3. The developer, deployer or user of the technologies mentioned in paragraph 1 shall ensure that the measures taken to ensure compliance with the safety features set out in paragraph 1 can be audited by the nationalcompetent supervisory authorities referred to in Article 14 and other supervisory bodies.
Amendment 570 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 8 – paragraph 4
Annex I – part B – Article 8 – paragraph 4
Amendment 574 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 9 – paragraph 1
Annex I – part B – Article 9 – paragraph 1
1. Any software, algorithm or data used or produced by artificial intelligence, robotics and related technologies developed, deployed or used in the Union shall be such as to ensure respect for human rights and dignity and equal treatment for all.
Amendment 579 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 9 – paragraph 2
Annex I – part B – Article 9 – paragraph 2
2. Any software, algorithm or data used or produced by artificial intelligence, robotics and related technologies developed, deployed or used in the Union shall be unbiased and, without prejudice to paragraph 3, shall not discriminate on grounds such as raceperceived ethnicity, gender, sexual orientation, pregnancy, disability, physical or genetic features, age, national minority, ethnic or social origin, language, religion or belief, political views or civic participation, citizenship, civil or economic status, education, or criminal record.
Amendment 597 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 10 – paragraph 2 – point e
Annex I – part B – Article 10 – paragraph 2 – point e
(e) developed, deployed and used in a manner that contributes to the narrowing of the digital divide among regions, age groups and social classes, the promotion of digital literacy and skills, innovation and creativity, while respecting intellectual property rights and limitations and exceptions thereto;
Amendment 603 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 10 – paragraph 4
Annex I – part B – Article 10 – paragraph 4
4. The social effects of the ubiquitous presence of artificial intelligence, robotics and related technologies, including software, algorithms and data used or produced by such technologies, developed, deployed or used in the Union shall be monitored by the nationalcompetent supervisory authorities referred to in Article 14 and other supervisory bodies, in order to avoid disruptive effects on social agency and social relationships, as well as the deterioration of social skills.
Amendment 605 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 11 – paragraph 1
Annex I – part B – Article 11 – paragraph 1
1. Any artificial intelligence, robotics and related technologies, including software, algorithms and data used or produced by such technologies, shall be developed, deployed or used in the Union in compliance with Union law, principles and values, in a manner that ensures optimal environmentally friendly outcomes and minimispreserves the environment, minimises and remedies their environmental footprint during their lifecycle and through their entire supply chain, in order to contribute to the green transition, support the achievement of climate neutrality and circular economy goals.
Amendment 609 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 11 – paragraph 2
Annex I – part B – Article 11 – paragraph 2
2. The Union and its Member States shall encourage and promote research projects intended to provide solutions, based on artificial intelligence, robotics and related technologies, seeking to addressremedy environmental issues such as waste production, the carbon footprint, climate change and environmental degradation.
Amendment 612 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 11 – paragraph 3
Annex I – part B – Article 11 – paragraph 3
3. Any artificial intelligence, robotics and related technologies, including software, algorithms and data used or produced by such technologies, shall be assessed as to their environmental friendliness and sustainability by the nationalcompetent supervisory authorities, referred to in Article 14 and other supervisory bodies, ensuring that measures are put in place to mitigate their general impact as regards natural resources, energy consumption, waste production, the carbon footprint, climate changeemergency and environmental degradation.
Amendment 615 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 12 – title
Annex I – part B – Article 12 – title
Privacy and biometric recognition
Amendment 618 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 12 – paragraph 2
Annex I – part B – Article 12 – paragraph 2
2. In accordance with Article 5(2), where remote recognition technologies, such as biometric recognition, are deployed or used by Member States’ public authorities for the purpose of responding to a national emergency, those authorities, they shall ensure that such deployment or use is voluntary, proportionate, targeted and limited to specific objectives, restricted in time and carried out with due regard for human dignity and the fundamental rights set out in the Charterin accordance with Union law, with due regard for human rights and dignity, autonomy and self-determination of the individual and the fundamental rights set out in the Charter. Criteria for and limits to their use should be subjected to judicial review and submitted to democratic scrutiny and debate involving civil society, in order to determine whether, when and how it should take place, and such use should be mindful of its psychological and sociocultural impact.
Amendment 626 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 13 – paragraph 1
Annex I – part B – Article 13 – paragraph 1
1. Artificial intelligence, robotics and related technologies developed, deployed or used in the Union shall comply with relevant governance standards established by the nationalcompetent supervisory authorities referred to in Article 14 and further supervisory bodies, in accordance with Union law, principles and values.
Amendment 627 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 13 – paragraph 2
Annex I – part B – Article 13 – paragraph 2
2. Data used or producproduced or destined to be used by artificial intelligence, robotics and related technologies developed, deployed or used in the Union shall be managed by developers, deployers and users in accordance with relevant standards referred to in paragraph 1, as well as with relevant industry and business protocols. In particular, developers and deployers shall carry out, where feasible, quality checks of the external sources of data used by artificial intelligence, robotics and related technologies, and shall put oversight mechanisms in place regarding their collection, storage, processing and use.
Amendment 633 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 14 – paragraph 1
Annex I – part B – Article 14 – paragraph 1
1. Each Member State shall designate an independent public authorityies or authorities with a public purpose to be responsible for monitoring the application of this Regulation (‘supervisory authority’). In accordance with Article 7(1) and (2), each nationalcompetent supervisory authority shall be responsible for assessing whether artificial intelligence, robotics and related technologies, including software, algorithms and data used or producproduced or destined to be used by such technologies, developed, deployed and used in the Union are high-risk technologies and, if so, for assessing and monitoring their compliance with the law and the ethical principles set out in this Regulation.
Amendment 637 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 14 – paragraph 2
Annex I – part B – Article 14 – paragraph 2
Amendment 638 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 14 – paragraph 2 a (new)
Annex I – part B – Article 14 – paragraph 2 a (new)
2a. The competent supervisory authorities shall serve as a first point of contact in cases of suspected discriminating treatment or of violation of other rights as a result of use of artificial intelligence and automated decision making systems, conduct ethical evaluation of such cases in cooperation with other competent authorities in the Union, notably the Consumer Protection Cooperation Network, national consumer protection bodies and civil society; to facilitate means to individuals to meaningfully contest and remedy harm caused by such discrimination or violations.
Amendment 640 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 14 – paragraph 3
Annex I – part B – Article 14 – paragraph 3
3. Each nationalcompetent supervisory authority shall be responsible for supervising the application of governance standards to artificial intelligence, robotics and related technologies, including by liaising with the maximum possible number of stakeholders. For that purpose, the supervisory authorities in each Member State shall provide a forum for regular exchange with stakeholdersand the cooperation and collaboration between stakeholders from academia, research, industry, civil society and individual experts .
Amendment 641 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 14 – paragraph 4
Annex I – part B – Article 14 – paragraph 4
4. Each nationalcompetent supervisory authority shall provide professional and administrative guidance and support on the general implementation of Union law regarding artificial intelligence, robotics and related technologies, and the ethical principles set out in this Regulation, including to relevant research and development, and small and medium-sized enterprises or start-ups.
Amendment 213 #
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 possibility should cover all possible sources of personal data, including ownrefrain from combining personal data sourced from these core platform services with personal data from any other services offered by the gatekeeper as well asor with personal data from third -party websitservices, and should be proactively presentedfrom signing in end users to othe end user in an explicit, clear and straightforward mannerr services of the gatekeeper in order to combine personal data.
Amendment 606 #
2020/0374(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a a (new)
Article 5 – paragraph 1 – point a a (new)
(a a) refrain from delivering and displaying advertisement that is targeting or micro-targeting individuals or segments of individuals based on their behaviour, the tracking of their activities or on profiling within the meaning of Article 4(4) of Regulation (EU) 2016/679;
Amendment 609 #
2020/0374(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a b (new)
Article 5 – paragraph 1 – point a b (new)
(a b) refrain from combining personal data for advertising purposes or purposes of behaviour prediction;
Amendment 192 #
2020/0361(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) Online advertisement plays an important role in the online environment, including in relation to the provision of the information society services. However, certain forms of online advertisement can contribute to significant risks, ranging from advertisement that is itself illegal content, to contributing to creating financial incentives for the publication or amplification of illegal or otherwise harmful content and activities online, to misleading or exploitative marketing or the discriminatory display of advertising with an impact on the equal treatment and the rights of consumers. Consumers are largely unaware of the volume and granularity of the data that is being collected and used to deliver personalised and micro-targeted advertisements, and have little agency and limited ways to stop or control data exploitation. The significant reach of a few online platforms, their access to extensive datasets and participation at multiple levels of the advertising value chain has created challenges for businesses, traditional media services and other market participants seeking to advertise or develop competing advertising services. In addition to the information requirements resulting from Article 6 of Directive 2000/31/EC, stricter rules on targeted advertising and micro-targeting are needed, in favour of less intrusive forms of advertising that do not require extensive tracking of the interaction and behaviour of recipients of the service. Therefore, providers of information society services may only deliver and display online advertising to a recipient or a group of recipients of the service when this is done based on contextual information, such as keywords or metadata. Providers should not deliver and display online advertising to a recipient or a clearly identifiable group of recipients of the service that is based on personal or inferred data relating to the recipients or groups of recipients. Where providers deliver and display advertisement, they should be required to ensure that the recipients of the service have certain individualised information necessary for them to understand why and on whose behalf the advertisement is displayed, including sponsored content and paid promotion.
Amendment 198 #
2020/0361(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) Given the cross-border nature of the services concerned, Union action to harmonise accessibility requirements for intermediary services across the internal market is vital to avoid market fragmentation and ensure that equal right to access and choice of those services by all consumers and other recipients of services, including by persons with disabilities, is protected throughout the Union. Lack of harmonised accessibility requirements for digital services and platforms will also create barriers for the implementation of existing Union legislation on accessibility, as many of the services falling under those laws will rely on intermediary services to reach end- users. Therefore, accessibility requirements for intermediary services, including their online interfaces, must be consistent with existing Union accessibility legislation, such as the European Accessibility Act and the Web Accessibility Directive, so that no one is left behind as result of digital innovation. This aim is in line with the Union of Equality: Strategy for the Rights of Persons with Disabilities 2021-2030 and the Union’s commitment to the United Nations’ Sustainable Development Goals.
Amendment 207 #
2020/0361(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Such a substantial connection to the Union should be considered to exist where the service provider has an establishment in the Union or, in its absence, on the basis of the existence of a significant number of users in one or more Member States, or the targedirecting of activities towards one or more Member States. The targedirecting of activities towards one or more Member States can be determined on the basis of all relevant circumstances, including factors such as the use of a language or a currency generally used in that Member State, or the possibility of ordering products or services, or using a national top level domain. The targedirecting of activities towards a Member State could also be derived from the availability of an application in the relevant national application store, from the provision of local advertising or advertising in the language used in that Member State, or from the handling of customer relations such as by providing customer service in the language generally used in that Member State. A substantial connection should also be assumed where a service provider directs its activities to one or more Member State as set out in Article 17(1)(c) of Regulation (EU) 1215/2012 of the European Parliament and of the Council27 . On the other hand, mere technical accessibility of a website from the Union cannot, on that ground alone, be considered as establishing a substantial connection to the Union. __________________ 27 Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L351, 20.12.2012, p.1).
Amendment 215 #
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. 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. Therefore, Chapter III (Articles 10 to 37) also applies as a horizontal framework mutatis mutandis to intermediary services when implementing other secondary legislation, to the extent no more specific rules are laid down. __________________ 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 222 #
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, which establish specific rules and procedures that should remain unaffected.
Amendment 231 #
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 broadappropriately and also covers unlawful information directly 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 directly 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 247 #
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 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. The mere possibility to create groups of users of a given 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 finite number of pre- determined persons. Accordingly, where access to information requires registration or admittance to a group of users, that information should be considered to be disseminated to the public only where users seeking to access the information are automatically registered or admitted without a human decision or selection of whom to grant access. 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 may, in general, not be considered as a 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. __________________ 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 254 #
2020/0361(COD)
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) Ensuring that providers of intermediary services can offer strong and effective end-to-end encryption is essential for trust in and security of digital services in the Digital Single Market, and effectively prevents unauthorised third- party access.
Amendment 275 #
2020/0361(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) In order to benefit from the exemption from liability for hosting services, the provider should, upon obtaining actual knowledge or awareness of illegal content, act expeditiously to remov act expeditiously to remove or to disable access to content where it is evident to a layperson, without any substantive analysis, that the content is manifestly illegal or where it has become aware orf to disable access tohe unlawful nature of thate content. The removal or disabling of access should be undertaken in the observance of the principle of freedom of expression. The provider can obtain such actual knowledge or awareness through, in particular, its own-initiative investigations or notices submitted to it by individuals or entities in accordance with this Regulation in so far as those notices are sufficiently precise and adequately substantiated to allow a diligent economic operator to reasonably identify, assess and where appropriate act against the allegedly illegal content.
Amendment 289 #
2020/0361(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) In order to ensure the effective protection of consumers when engaging in intermediated commercial transactions online, certain providers of hosting services, namely, online platforms that allow consumers to conclude distance contracts with traders, should not be able to benefit from the exemption from liability for hosting service providers established in this Regulation, in so far as those online platforms present the relevant information relating to the transactions at issue in such a way that it leads consumers to believe that the information was provided by those online platforms themselves or by recipients of the service acting under their authority or control, and that those online platforms thus have knowledge of or control over the information, even if that may in reality not be the case. In that regard, is should be determined objectively, on the basis of all relevant circumstances, whether the presentation could lead to such a belief on the side of an average and reasonably well-informed consumer.
Amendment 294 #
2020/0361(COD)
Proposal for a regulation
Recital 25
Recital 25
Amendment 305 #
2020/0361(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) Whilst the rules in Chapter II of this Regulation concentrate on the exemption from liability of providers of intermediary services, it is important to recall that, despite the generally important role played by those providers, the problem of illegal content and activities online should not be dealt with by solely focusing on their liability and responsibilities. Where possible, third parties affected by illegal content transmitted or stored online should attempt to resolve conflicts relating to such content without involving the providers of intermediary services in question. Recipients of the service should be held liable, where the applicable rules of Union and national law determining such liability so provide, for the illegal content that they provide and may disseminate through intermediary services. Where appropriate, other actors, such as group moderators in closed and open online environments, in particular in the case of large groups, should also help to avoid the spread of illegal content online, in accordance with the applicable law. Furthermore, where it is necessary to involve information society services providers, including providers of intermediary services, any requests or orders for such involvement should, as a general rule, be directed to the actor that has the technical and operational ability to act against specific items of illegal content, so as to prevent and minimise any possible negative effects for the availability and accessibility of information that is not illegal content.
Amendment 308 #
2020/0361(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) Since 2000, new technologies have emerged that improve the availability, efficiency, speed, reliability, capacity and security of systems for the transmission and storage of data online, leading to an increasingly complex online ecosystem. In this regard, it should be recalled that providers of services establishing and facilitating the underlying logical architecture and proper functioning of the internet, including technical auxiliary functions, can also benefit from the exemptions from liability set out in this Regulation, to the extent that their services qualify as ‘mere conduits’, ‘caching’ or hosting services. Such services include, as the case may be, wireless local area networks, domain name system (DNS) services, top–level domain name registries, certificate authorities that issue digital certificates, or content delivery networks, that enable or improve the functions of other providers of intermediary services. Likewise, services used for communications purposes, and the technical means of their delivery, have also evolved considerably, giving rise to online services such as Voice over IP, messaging services and web-based e-mail services, where the communication is delivered via an internet access service. Those services, too, can benefit from the exemptions from liability, to the extent that they qualify as ‘mere conduit’, ‘caching’ or hosting service. Domain name system (DNS) registration services can also benefit from the exemptions from liability set out in this Regulation.
Amendment 317 #
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 cases and therefore, 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.
Amendment 323 #
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 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 the processing of those orders. The applicable rules on the mutual recognition of court decisions should be unaffected.
Amendment 366 #
2020/0361(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) Whilst the freedom of contract of providers of intermediary services should in principle be respected, it is appropriate to set certain rules on the content, application and enforcement of the terms and conditions of those providers in the interests of transparency, the protection of recipients of the service and the avoidance of discriminatory, unfair or arbitrary outcomes.
Amendment 370 #
2020/0361(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) To ensure an adequate level of transparency and accountability, providers of intermediary services should annually report in a standardised and machine- readable format, in accordance with the harmonised requirements contained in this Regulation, on the content moderation they engage in, including the measures taken as a result of the application and enforcement of their terms and conditions. However, so as to avoid disproportionate burdens, those transparency reporting obligations should not apply to providers that are micro- or small enterprises as defined in Commission Recommendation 2003/361/EC.40, or as a not-for-profit service with fewer than 100.000 monthly active users. __________________ 40 Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium- sized enterprises (OJ L 124, 20.5.2003, p. 36).
Amendment 373 #
2020/0361(COD)
Proposal for a regulation
Recital 39 a (new)
Recital 39 a (new)
(39a) Recipients of the service should be empowered to make autonomous decisions inter alia regarding the acceptance of and changes to terms and conditions, advertising practices, privacy and other settings, recommender systems when interacting with intermediary services. However, dark patterns typically exploit cognitive biases and prompt online consumers to purchase goods and services that they do not want or to reveal personal information they would prefer not to disclose. Therefore, providers of intermediary services should be prohibited from deceiving or nudging recipients of the service and from subverting or impairing the autonomy, decision- making, or choice of the recipients of the service via the structure, design or functionalities of an online interface or a part thereof (‘dark patterns’). This includes, but is not limited to, exploitative design choices to direct the recipient to actions that benefit the provider of intermediary services, but which may not be in the recipients’ interests, presenting choices in a non-neutral manner, repetitively requesting or pressuring the recipient to make a decision or hiding or obscuring certain options.
Amendment 379 #
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'). Content that has been notified and that is not manifestly illegal should remain accessible while the assessment of its legality by the competent authority is still pending. 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. Recipients of the service who provided the information to which the notice relates should be given the opportunity to reply before a decision is taken. 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.
Amendment 412 #
2020/0361(COD)
Proposal for a regulation
Article 2 b (new)
Article 2 b (new)
Amendment 413 #
2020/0361(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) Action against illegal content can be taken more quickly and reliably where online platforms take the necessary measures to ensure that notices submitted by trusted flaggers through the notice and action mechanisms required by this Regulation are treated with priority, without prejudice to the requirement to process and decide upon all notices submitted under those mechanisms in a timely, diligent and objective manner. Such trusted flagger status should only be awarded to entities, and not individuals, that have demonstrated, among other things, that they have particular expertise and competence in tackling illegal content, that they represent collective interests and that they work in a diligent, accurate and objective manner. Such entities can be public in nature, such as, for terrorist content, internet referral units of national law enforcement authorities or of the European Union Agency for Law Enforcement Cooperation (‘Europol’) or they can be non-governmentalnon- governmental organisations, consumer protection organisations, and semi-public bodies, such as the organisations part of the INHOPE network of hotlines for reporting child sexual abuse material and organisations committed to notifying illegal racist and xenophobic expressions onlinor discriminatory expressions online or to combatting digital violence or supporting victims of digital violence. For intellectual property rights, organisations of industry and of right-holders could be awarded trusted flagger status, where they have demonstrated that they meet the applicable conditions and respect for exceptions and limitations to intellectual property rights. The rules of this Regulation on trusted flaggers should not be understood to prevent online platforms from giving similar treatment to notices submitted by entities or individuals that have not been awarded trusted flagger status under this Regulation, from otherwise cooperating with other entities, in accordance with the applicable law, including this Regulation and Regulation (EU) 2016/794 of the European Parliament and of the Council.43 __________________ 43Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA, OJ L 135, 24.5.2016, p. 53
Amendment 427 #
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, 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, while ensuring a high level of security of the information concerned in order to protect such information against accidental or unlawful destruction, accidental loss or alteration, or unauthorised or unlawful storage, processing, access or disclosure.. 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 430 #
2020/0361(COD)
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Amendment 439 #
2020/0361(COD)
Proposal for a regulation
Recital 49 a (new)
Recital 49 a (new)
(49a) In order to contribute to a transparent online environment for consumers that supports the green transition, online platforms that allow consumers to conclude distant contracts with traders should provide consumers in real time with clear and unambiguous information on the environmental impact of its products and services, such as the use of sustainable and efficient delivery methods, sustainable and ecological packaging, as well as the environmental costs of returning goods in the event of withdrawal.
Amendment 450 #
2020/0361(COD)
Proposal for a regulation
Recital 50 a (new)
Recital 50 a (new)
(50a) In the light of effective enforcement of local rules to combat long-term rental housing shortages and to limit short-term holiday rentals, as was justified in the Cali Apartments case (cases C-724/18 and C-727/18), all natural or legal persons renting out short- term holiday rentals shall be subject to the obligations under Article 22 of this Regulation.
Amendment 453 #
2020/0361(COD)
Proposal for a regulation
Recital 52
Recital 52
Amendment 460 #
2020/0361(COD)
Proposal for a regulation
Recital 52 a (new)
Recital 52 a (new)
(52a) A core part of an 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. Consequently, online platforms should ensure that recipients can understand how recommender system impact the way information is displayed, and can influence how information is presented to them. They should clearly present the 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. Options not based on profiling of the recipient should be available and used by default.
Amendment 475 #
2020/0361(COD)
Proposal for a regulation
Recital 57
Recital 57
(57) ThreFive categories of systemic risks should be assessed in-depth. A first category concerns the risks associated with the intended use and 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 technology design choices such as 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 intended use of, malfunctioning of, as well as 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 or other vulnerable groups, having regard to the need to safeguard public order, protect privacy and fight fraudulent and deceptive commercial practices, including undisclosed commercial communications published by recipients of the service that are not marketed, sold or arranged by the online platform. 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. A fourth category concerns negative societal effects of technology design, value chain and business-model choices in relation to systemic risks that represent threats to democracy. A fifth category concerns environmental risks such as high electricity and water consumption, heat production and CO2 emissions related to the provision of the service and technical infrastructure or to user behaviour modification with a direct environmental impact, such as directing users to choose less sustainable options when it comes to delivery or packaging.
Amendment 489 #
2020/0361(COD)
Proposal for a regulation
Recital 60
Recital 60
(60) Given the need to ensure verification by independent experts, very large online platforms should be accountable, through independent auditing, for their compliance with the obligations laid down by this Regulation and, where relevant, any complementary commitments undertaking pursuant to codes of conduct and crises protocols. They should give thevetted auditors access to all relevant data necessary to perform the audit properly. Auditors should also be able to make use of other sources of objective information, including studies by vetted researchers. Auditors should guarantee the confidentiality, security and integrity of the information, such as trade secrets, that they obtain when performing their tasks and have the necessary expertise in the area of risk management and technical competence to audit algorithms. AThis guarantee should not be a means to circumvent the applicability of audit obligations in this Regulation applicable to very large online platforms. Vetted auditors should be independent, so as to be able to perform their tasks in an adequate and trustworthy manner. If their independence is not beyond doubt, they should resign or abstain from the audit engagement.
Amendment 491 #
2020/0361(COD)
Proposal for a regulation
Recital 61
Recital 61
(61) The audit report should be substantiated, so as to give a meaningful account of the activities undertaken and the conclusions reached. It should help inform, and where appropriate suggest improvements to the measures taken by the very large online platform to comply with their obligations under this Regulation. The report should be transmitted to the Digital Services Coordinator of establishment and the BoardAgency without delay, together with the risk assessment and the mitigation measures, as well as the platform’s plans for addressing the audit’s recommendations. The report should include an audit opinion based on the conclusions drawn from the audit evidence obtained. A positive opinion should be given where all evidence shows that the very large online platform complies with the obligations laid down by this Regulation or, where applicable, any commitments it has undertaken pursuant to a code of conduct or crisis protocol, in particular by identifying, evaluating and mitigating the systemic risks posed by its system and services. A positive opinion should be accompanied by comments where the vetted auditor wishes to include remarks that do not have a substantial effect on the outcome of the audit. A negative opinion should be given where the vetted auditor considers that the very large online platform does not comply with this Regulation or the commitments undertaken.
Amendment 493 #
2020/0361(COD)
Proposal for a regulation
Recital 61 a (new)
Recital 61 a (new)
(61a) In order to ensure a participative and inclusive approach and address societal concerns raised by the services of very large online platforms, it is necessary to set up a European Social Media Council at Union level. The transparency, inclusiveness and independence of the Council ensures that decisions on content moderation are shaped by a diverse range of expertise and perspectives. The Council should support the Agency and the Commission by issuing policy and implementation recommendations and help platforms improving and adjusting content moderation practices under terms and conditions. The Council should consist of independent experts, representatives of the recipients of the service, representatives of groups potentially impacted by their services, and civil society organisations. While not legally binding, the Councils’ recommendations will yield effective outcomes, incorporating a wider and more diverse range of inputs to societal challenges that very large online platforms may pose. Its strength and efficiency is based on voluntary compliance by platforms, whose commitment will be to respect and execute the Council’s recommendations in good faith. In order to function efficiently, the Council and its members should have sufficient human, material and financial resources at their disposal.
Amendment 494 #
2020/0361(COD)
Proposal for a regulation
Recital 62
Recital 62
Amendment 498 #
2020/0361(COD)
Proposal for a regulation
Recital 62 a (new)
Recital 62 a (new)
(62a) Recommender systems used by very large online platforms pose a particular risk in terms of consumer choice and lock-in effects. Consequently, in addition to the obligations applicable to all online platforms, very large online platforms should offer to the recipients of the service the choice of using recommender systems from third party providers, where available. Such third parties must be offered access to the same operating system, hardware or software features that are available or used in the provision by the platform of its own recommender systems, including through application programming interfaces.
Amendment 502 #
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 CommissionAgency 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 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, civil society and media organisations 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 CommissionAgency and the public. This Regulation therefore provides a framework for compelling access to data from very large online platforms to vetted researchers, not-for-profit bodies, organisations or associations, or media organisations. All requirements for access to data under that framework should be proportionate and appropriately protect the rights and legitimate interests of the platform and any other parties concerned, including tradhe srecrets and other confidential information, of the platform and any other parties concerned, including the recipients of the serviceipients of the service. To that end, the Commission should issue regulatory guidance to specify the modalities and safeguards for data access and sharing, and provide platforms with legal certainty while ensuring the independence of the research.
Amendment 517 #
2020/0361(COD)
Proposal for a regulation
Recital 67
Recital 67
(67) The Commission and the BoardAgency should encourage the drawing-up of codes of conduct to contribute to the application of this Regulation. While the implementation of codes of conduct should be measurable and subject to public oversight, this should not impair the voluntary nature of such codes and the freedom of interested parties to decide whether to participate. In certain circumstances, it is important that very large online platforms cooperate in the drawing-up and adhere to specific codes of conduct. Nothing in this Regulation prevents other service providers from adhering to the same standards of due diligence, adopting best practices and benefitting from the guidance provided by the Commission and the BoardAgency, by participating in the same codes of conduct.
Amendment 532 #
2020/0361(COD)
Proposal for a regulation
Recital 71 a (new)
Recital 71 a (new)
(71a) In order to ensure that the systemic role of very large online platforms does not endanger the internal market by unfairly excluding innovative new entrants, including SMEs, entrepreneurs and start-ups, additional rules are needed to allow recipients of the service to switch or connect and interoperate between online platforms or internet ecosystems. Therefore, interoperability obligations should require very large online platforms to share appropriate tools, data, expertise, and resources. As part of those measures, the Commission should explore different technologies and open standards and protocols, including the possibility of technical interfaces (Application Programming Interface), that allow recipients of service or other market participants to access the key functionalities of very large online platforms to exchange information.
Amendment 533 #
2020/0361(COD)
Proposal for a regulation
Recital 72
Recital 72
(72) The task of ensuring adequate oversight and enforcement of the obligations laid down in this Regulation should in principle be attributed to the Member States, with exception of the oversight and enforcement of Chapter III Section 4 which shall lie with the Agency. To this end, they Member States should appoint at least one independent authority with the task to apply and enforce this Regulation. Member States should however be able to entrust more than one competent authority, with specific supervisory or enforcement tasks and competences concerning the application of this Regulation, for example for specific sectors, such as electronic communications’ regulators, media regulators or consumer protection authorities, reflecting their domestic constitutional, organisational and administrative structure.
Amendment 535 #
2020/0361(COD)
Proposal for a regulation
Recital 73
Recital 73
(73) Given the cross-border nature of the services at stake and the horizontal range of obligations introduced by this Regulation, the authority appointed with the task of supervising the application and, where necessary, enforcing this Regulation should be identified as a Digital Services Coordinator in each Member State. Where more than one competent authority is appointed to apply and enforce this Regulation, only one authority in that Member State should be identified as a Digital Services Coordinator. The Digital Services Coordinator should act as the single contact point with regard to all matters related to the application of this Regulation for the Commission, the Board, Agency, the Digital Services Coordinators of other Member States, as well as for other competent authorities of the Member State in question. In particular, where several competent authorities are entrusted with tasks under this Regulation in a given Member State, the Digital Services Coordinator should coordinate and cooperate with those authorities in accordance with the national law setting their respective tasks, and should ensure effective involvement of all relevant authorities in the supervision and enforcement at Union level.
Amendment 538 #
2020/0361(COD)
Proposal for a regulation
Recital 74
Recital 74
(74) The Digital Services Coordinator, as well as other competent authorities designated under this Regulation, play a crucial role in ensuring the effectiveness of the rights and obligations laid down in this Regulation and the achievement of its objectives. Accordingly, it is necessary to ensure that those authorities act in complete independence from private and public bodies, without the obligation or possibility to seek or receive instructions, including from the government, and without prejudice to the specific duties to cooperate with other competent authorities, the Digital Services Coordinators, the Board and the Commission and the Agency. On the other hand, the independence of these authorities should not mean that they cannot be subject, in accordance with national constitutions and without endangering the achievement of the objectives of this Regulation, to national control or monitoring mechanisms regarding their financial expenditure or to judicial review, or that they should not have the possibility to consult other national authorities, including law enforcement authorities or crisis management authorities, where appropriate.
Amendment 543 #
2020/0361(COD)
Proposal for a regulation
Recital 79
Recital 79
(79) In the course of the exercise of those powers, the competent authorities should comply with the applicable national rules regarding procedures and matters such as the need for a prior judicial authorisation to enter certain premises and legal professional privilege. Those provisions should in particular ensure respect for the fundamental rights to an effective remedy and to a fair trial, including the rights of defence, and, the right to respect for private life. In this regard, the guarantees provided for in relation to the proceedings of the CommissionAgency pursuant to this Regulation could serve as an appropriate point of reference. A prior, fair and impartial procedure should be guaranteed before taking any final decision, including the right to be heard of the persons concerned, and the right to have access to the file, while respecting confidentiality and professional and business secrecy, as well as the obligation to give meaningful reasons for the decisions. This should not preclude the taking of measures, however, in duly substantiated cases of urgency and subject to appropriate conditions and procedural arrangements. The exercise of powers should also be proportionate to, inter alia the nature and the overall actual or potential harm caused by the infringement or suspected infringement. The competent authorities should in principle take all relevant facts and circumstances of the case into account, including information gathered by competent authorities in other Member States.
Amendment 548 #
2020/0361(COD)
Proposal for a regulation
Recital 85
Recital 85
(85) Where a Digital Services Coordinator requests another Digital Services Coordinator to take action, the requesting Digital Services Coordinator, or the Board in case it issued a recommendation to assess issues involving more than three Member States, should be able to refer the matter to the CommissionAgency in case of any disagreement as to the assessments or the measures taken or proposed or a failure to adopt any measures. The CommissionAgency, on the basis of the information made available by the concerned authorities, should accordingly be able to request the competent Digital Services Coordinator to re-assess the matter and take the necessary measures to ensure compliance within a defined time period. This possibility is without prejudice to the Commission’s general duty to oversee the application of, and where necessary enforce, Union law under the control of the Court of Justice of the European Union in accordance with the Treaties. A failure by the Digital Services Coordinator of establishment to take any measures pursuant to such a request may also lead to the Commission’sAgency intervention under Section 3 of Chapter IV of this Regulation, where the suspected infringer is a very large online platformin accordance with Article 45 (5).
Amendment 553 #
2020/0361(COD)
Proposal for a regulation
Recital 86
Recital 86
(86) In order to facilitate cross-border supervision and investigations involving several Member States, the Digital Services Coordinators should be able to participate, on a permanent or temporary basis, in joint oversight and investigation activities concerning matters covered by this Regulation. Those activities may include other competent authorities and may cover a variety of issues, ranging from coordinated data gathering exercises to requests for information or inspections of premises, within the limits and scope of powers available to each participating authority. The BoardAgency may be requested to provide advice in relation to those activities, for example by proposing roadmaps and timelines for activities or proposing ad-hoc task-forces with participation of the authorities involved.
Amendment 555 #
2020/0361(COD)
Proposal for a regulation
Recital 87
Recital 87
(87) In view of the particular challenges that may emerge in relation to assessing and ensuring a very large online platform’s compliance, for instance relating to the scale or complexity of a suspected infringement or the need for particular expertise or capabilities at Union level, Digital Services Coordinators should have the possibility to request, on a voluntary basis, the CommissionAgency to intervene and exercise its investigatory and enforcement powers under this Regulation.
Amendment 556 #
2020/0361(COD)
Proposal for a regulation
Recital 88
Recital 88
Amendment 559 #
2020/0361(COD)
Proposal for a regulation
Recital 89
Recital 89
Amendment 562 #
2020/0361(COD)
Proposal for a regulation
Recital 90
Recital 90
Amendment 565 #
2020/0361(COD)
Proposal for a regulation
Recital 91
Recital 91
Amendment 569 #
2020/0361(COD)
Proposal for a regulation
Recital 92
Recital 92
Amendment 571 #
2020/0361(COD)
Proposal for a regulation
Recital 93
Recital 93
Amendment 572 #
2020/0361(COD)
Proposal for a regulation
Recital 95
Recital 95
(95) In order to address those public policy concerns it is therefore necessary to provide for a common approach to system of enhanced supervision and enforcement at Union level. Once an infringement of one of the provisions that solely apply to very large online platforms has been identified, for instance pursuant to individual or joint investigations, auditing or complaints, the Digital Services Coordinator of establishment, upon its own initiative or upon the Board’s advice,auditing or complaints, the Agency should monitor any subsequent measure taken by the very large online platform concerned as set out in its action plan. That Digital Services Coordinatore Agency should be able to ask, where appropriate, for an additional, specific audit to be carried out, on a voluntary basis, to establish whether those measures are sufficient to address the infringement. At the end of that procedure, it should inform the Board, the Commission and the platform concerned of its views on whether or not that platform addressed the infringement, specifying in particular the relevant conduct and its assessment of any measures taken. The Digital Services Coordinator should perform its role under this common system in a timely manner and taking utmost account of any opinions and other advice of the Board.
Amendment 573 #
2020/0361(COD)
Proposal for a regulation
Recital 96
Recital 96
(96) Where the infringement of the provision that solely applies to very large online platforms is not effectively addressed by that platform pursuant to the action plan, only the Commission may, on its own initiative or upon advice of the Board,the Agency may decide to further investigate the infringement concerned and the measures that the platform has subsequently taken, to the exclusion of the Digital Services Coordinator of establishment. After having conducted the necessary investigations, the CommissionAgency should be able to issue decisions finding an infringement and imposing sanctions in respect of very large online platforms where that is justified. It should also have such a possibility to intervene in cross- border situations where the Digital Services Coordinator of establishment did not take any measures despite the CommissionAgency’s request, or in situations where the Digital Services Coordinator of establishment itself requested for the CommissionAgency to intervene, in respect of an infringement of any other provision of this Regulation committed by a very large online platform.
Amendment 575 #
2020/0361(COD)
Proposal for a regulation
Recital 97
Recital 97
Amendment 581 #
2020/0361(COD)
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Amendment 582 #
2020/0361(COD)
Proposal for a regulation
Recital 98
Recital 98
(98) In view of both the particular challenges that may arise in seeking to ensure compliance by very large online platforms and the importance of doing so effectively, considering their size and impact and the harms that they may cause, the CommissionAgency should have strong investigative and enforcement powers to allow it to investigate, enforce and monitor certain of the rules laid down in this Regulation, in full respect of the principle of proportionality and the rights and interests of the affected parties.
Amendment 587 #
2020/0361(COD)
Proposal for a regulation
Recital 99
Recital 99
(99) In particular, the CommissionAgency should have access to any relevant documents, data and information necessary to open and conduct investigations and to monitor the compliance with the relevant obligations laid down in this Regulation, irrespective of who possesses the documents, data or information in question, and regardless of their form or format, their storage medium, or the precise place where they are stored. The CommissionAgency should be able to directly require that the very large online platform concerned or relevant third parties, or than individuals, provide any relevant evidence, data and information. In addition, the CommissionAgency should be able to request any relevant information from any public authority, body or agency within the Member State, or from any natural person or legal person for the purpose of this Regulation. The CommissionAgency should be empowered to require access to, and explanations relating to, data-bases and algorithms of relevant persons, and to interview, with their consent, any persons who may be in possession of useful information and to record the statements made. The CommissionAgency should also be empowered to undertake such inspections as are necessary to enforce the relevant provisions of this Regulation. Those investigatory powers aim to complement the Commission’sAgency possibility to ask Digital Services Coordinators and other Member States’ authorities for assistance, for instance by providing information or in the exercise of those powers.
Amendment 589 #
2020/0361(COD)
Proposal for a regulation
Recital 101
Recital 101
(101) The very large online platforms concerned and other persons subject to the exercise of the CommissionAgency’s powers whose interests may be affected by a decision should be given the opportunity of submitting their observations beforehand, and the decisions taken should be widely publicised. While ensuring the rights of defence of the parties concerned, in particular, the right of access to the file, it is essential that confidential information be protected. Furthermore, while respecting the confidentiality of the information, the CommissionAgency should ensure that any information relied on for the purpose of its decision is disclosed to an extent that allows the addressee of the decision to understand the facts and considerations that lead up to the decision.
Amendment 591 #
2020/0361(COD)
Proposal for a regulation
Recital 102
Recital 102
Amendment 593 #
2020/0361(COD)
Proposal for a regulation
Recital 103
Recital 103
Amendment 603 #
2020/0361(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point b a (new)
Article 1 – paragraph 1 – point b a (new)
(ba) rules on transparency, accountability and respect for fundamental rights as regards the design and implementation of voluntary, self- and co-regulatory measures;
Amendment 609 #
2020/0361(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
(b) set out uniform rules for a safe, accessible, predictable and trusted online environment, where fundamental rights enshrined in the Charter are effectively protected.
Amendment 619 #
2020/0361(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point b a (new)
Article 1 – paragraph 2 – point b a (new)
(ba) achieve a high level of consumer protection in the Digital Single Market.
Amendment 627 #
2020/0361(COD)
Proposal for a regulation
Article 1 – paragraph 5 – point b
Article 1 – paragraph 5 – point b
(b) Directive 20108/13/EC808;
Amendment 633 #
2020/0361(COD)
Proposal for a regulation
Article 1 – paragraph 5 – point c
Article 1 – paragraph 5 – point c
(c) Union lawDirective(EU) 2019/790 on copyright and related rights; in the Digital Single Market
Amendment 637 #
2020/0361(COD)
Proposal for a regulation
Article 1 – paragraph 5 – point i a (new)
Article 1 – paragraph 5 – point i a (new)
(ia) Directive(EU) 2019/882.
Amendment 648 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) ‘recipient of the service’ means any natural or legal person who, for professional ends or otherwise, uses the relevant intermediary service for seeking information or making it accessible;
Amendment 668 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
(e) ‘trader’ means any natural person, or any legal person irrespective of whether privately or publicly owned, who is actingoffering goods or services, including through any person acting in his or her name or on his or her behalf, for purposes directly relating to his or her trade, business, craft or profession;
Amendment 684 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – point g
(g) ‘allegedly illegal content’ means any information,, which, in itself or by its reference to an activity, including the sale of products or provision of services is not isubject to allegations of non compliance with Union law or the law of a Member State, irrespective of the precise subject matter or nature of that law;
Amendment 691 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g a (new)
Article 2 – paragraph 1 – point g a (new)
(ga) ‘manifestly illegal content’ means any information which has been subject of a specific ruling by a court or administrative authority of a Member State or where it is evident to a layperson, without any substantive analysis, that the content is in not in compliance with Union law or the law of a Member State;
Amendment 712 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point i
Article 2 – paragraph 1 – point i
(i) ‘dissemination to the public’ means making information availaccessible, at the request of the recipient of the service who provided the information, to a potentially unlimited number of third parties;
Amendment 715 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point k
Article 2 – paragraph 1 – point k
(k) ‘online interface’ means any software, including a website or a part thereof, and applications, including mobile applications which enables recipients of the service to access and interact with the relevant intermediary service;
Amendment 721 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point n
Article 2 – paragraph 1 – point n
(n) ‘advertisement’ means information designed to promote the message of a legal or natural person, irrespective of whether to achieve commercial or non-commercial purposes, and displayed by an online platform on its online interface against remuneration specifically for promoting that information;
Amendment 722 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point o
Article 2 – paragraph 1 – point o
(o) ‘recommender system’ means a fully or partially automated system used by an online platform to suggest, prioritise or rank in its online interface specific information to recipients of the service, including as a result of a search initiated by the recipient or otherwise determining the relative order or prominence of information displayed;
Amendment 726 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point p
Article 2 – paragraph 1 – point p
Amendment 737 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point q a (new)
Article 2 – paragraph 1 – point q a (new)
(qa) ‘dark pattern’ means an online interface or apart thereof that via its structure, design or functionality subverts or impairs the autonomy, decision- making, preferences or choice of recipients of the service.
Amendment 746 #
2020/0361(COD)
Proposal for a regulation
Article 2 a (new)
Article 2 a (new)
Amendment 769 #
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 traders, where such an online platform presents the specific item of information or otherwise enables the specific transaction at issue in a way that would lead an average and reasonably well-informed consumer to believe that the information, or the product or service that is the object of the transaction, is provided either by the online platform itself or by a recipient of the service who is acting under its authority or control.
Amendment 783 #
2020/0361(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Amendment 797 #
2020/0361(COD)
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
No provision of this Regulation shall prevent providers of intermediary services from offering end-to-end encrypted services, or make the provision of such services a cause for liability or loss of immunity.
Amendment 802 #
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 aone or more specific items of illegal content, issued by the relevant national judicial or administrative authoritieauthority, or against an offer of illegal goods or services issued by the relevant national administrative or judicial authorities, through trusted and secure communication channels, on the basis of the applicable Union or national law, in conformity with Union law, 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 808 #
2020/0361(COD)
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. Individuals shall have the right to report allegedly illegal content or to mandate a body, organisation or association referred to in Article 68 to report such content to the competent authorities in their country of residence, which shall expeditiously make a ruling. Where the content is deemed illegal under the national law of the country of residence of the individual, or manifestly illegal under Union law, this shall be reported to the platform for immediate enforcement on the territory of the Member State issuing the order and to the competent authorities for assessment under national law.
Amendment 816 #
2020/0361(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point a – indent 1
Article 8 – paragraph 2 – point a – indent 1
— a sufficiently detailed statement of reasons explaining why the information is illegal content, by reference to the specific provision of Union or national law infringed;
Amendment 820 #
2020/0361(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point a – indent 2
Article 8 – paragraph 2 – point a – indent 2
— one or more exact uniform resource locatorsa clear indication of the exact electronic location of that information, such as the exact URL or URLs where appropriate and, where necessary, additional information enabling the identification of the illegal content concerned;
Amendment 825 #
2020/0361(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point a – indent 3
Article 8 – paragraph 2 – point a – indent 3
— information about redress mechanisms available to the provider of the service and to the recipient of the service who provided the content, including deadlines for appeal;
Amendment 827 #
2020/0361(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
(b) the territorial scope of the order, on the basis of the applicable rules of Union and national law, including the Charter, and, where relevant, general principles of international law, does not exceed what is strictly necessary to achieve its objective and does not lead to the removal of content that is legal in another Member State;
Amendment 831 #
2020/0361(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point b a (new)
Article 8 – paragraph 2 – point b a (new)
(ba) the territorial scope of an order addressed to a provider that has its main establishment in another Member State is limited to the territory of the Member State issuing the order;
Amendment 832 #
2020/0361(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point b b (new)
Article 8 – paragraph 2 – point b b (new)
(bb) the territorial scope of an order addressed to a provider or its representative that has its main establishment outside the Union, where Union law is infringed, is limited to the territory of the Union or, where national law is infringed, to the territory of the Member State issuing the order;
Amendment 853 #
2020/0361(COD)
Proposal for a regulation
Article 8 – paragraph 4 a (new)
Article 8 – paragraph 4 a (new)
4a. Providers of intermediary services may refuse to execute an order referred to in paragraph 1 if it contains manifest errors or does not contain sufficient information as referred to in paragraph 2. Providers shall inform the competent authority without undue delay, asking for the necessary clarification. It may submit an appeal to the Digital Services Coordinator of establishment where it feels that the territorial scope of the order is disproportionate.
Amendment 855 #
2020/0361(COD)
Proposal for a regulation
Article 8 – paragraph 4 b (new)
Article 8 – paragraph 4 b (new)
4b. Member States shall ensure that the judicial authorities may, at the request of an applicant whose personality rights are infringed by illegal content, issue against the relevant provider of hosting services an order in accordance with this Article to remove or disable access to this content, including by way of an interlocutory injunction.
Amendment 860 #
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 orauthorities, or regarding offers of illegal goods or services issued by 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 via trusted and secure communications channels.
Amendment 869 #
2020/0361(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point a – indent -1 (new)
Article 9 – paragraph 2 – point a – indent -1 (new)
— a clear indication of the exact electronic location, an account name or a unique identifier of the recipient on whom information is sought;
Amendment 874 #
2020/0361(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point a – indent 2
Article 9 – paragraph 2 – point a – indent 2
— information about legal redress available to the provider and to the recipients of the service concerned including deadlines for appeal, and ensure that they can be exercised effectively;
Amendment 875 #
2020/0361(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point a – indent 2 a (new)
Article 9 – paragraph 2 – point a – indent 2 a (new)
— whether the provider may swiftly inform the recipient of the service concerned.
Amendment 883 #
2020/0361(COD)
Proposal for a regulation
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2a. The provider of the service shall inform the recipient of the service whose data is being sought without undue delay.
Amendment 889 #
2020/0361(COD)
Proposal for a regulation
Article 9 a (new)
Article 9 a (new)
Article 9a Effective remedies for consumers 1. Recipients of the service whose content was removed according to Article 8 or whose information was sought according to Article 9 shall have the right to effective remedies against such orders, without prejudice to remedies available under Directive (EU) 2016/680 and Regulation(EU) 2016/679. 2. Such right to an effective remedy shall be exercised before a court in the issuing Member State in accordance with national law and shall include the possibility to challenge the legality of the measure, including its necessity and proportionality. 3. Digital Services Coordinators shall publish a ‘toolbox’ of complaint and redress mechanisms applicable in their respective territory, in at least one of the official languages of the Member State where they operate.
Amendment 890 #
2020/0361(COD)
Proposal for a regulation
Article 9 b (new)
Article 9 b (new)
Article 9b Where the issuing authority is subject to a procedure under Article 7(1) or 7(2) of the Treaty on European Union, the provider of intermediary services shall act upon the order or transmit the requested data only after receiving the explicit written approval of the Digital Services Coordinator of establishment.
Amendment 895 #
2020/0361(COD)
Proposal for a regulation
Article 9 a (new)
Article 9 a (new)
Article 9a Exclusion for micro enterprises and not- for-profit services This Chapter shall not apply to online platforms that qualify as micro enterprises within the meaning of the Annex to Recommendation 2003/361/EC or as a not-for-profit service with fewer than 100,000 monthly active users.
Amendment 900 #
2020/0361(COD)
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1a. Providers of intermediary services shall ensure that recipients of the service, including affected non-users, can communicate with them in a direct, accessible and timely manner and, as necessary, request non-automated responses.
Amendment 929 #
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 or modifications 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, user- friendly and unambiguous language and shall be publicly available in an easily accessible formatand machine-readable format in the languages in which the service is offered.
Amendment 936 #
2020/0361(COD)
Proposal for a regulation
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
1a. Providers of intermediary services shall publish summary versions of their terms and conditions in clear, user- friendly and unambiguous language, and in an easily accessible and machine- readable format. Such a summary shall include information on remedies and redress mechanisms pursuant to Articles 17 and 18, where available.
Amendment 938 #
2020/0361(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Providers of intermediary services shall act in a diligent, objectivecoherent, predictable, non- discriminatory, transparent, diligent, non- arbitrary and proportionate manner in applying and enforcing the restrictions and modifications referred to in paragraph 1, with due rin compliance with procedural safeguard tos and in full respect of the rights and legitimate interests of all parties involved, including the applicable fundamental rights of the recipients of the service as enshrined in the Charter and relevant national law.
Amendment 955 #
2020/0361(COD)
Proposal for a regulation
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2a. Any restriction referred to in paragraph 1 must respect the fundamental rights enshrined in the Charter and relevant national law.
Amendment 957 #
2020/0361(COD)
Proposal for a regulation
Article 12 – paragraph 2 b (new)
Article 12 – paragraph 2 b (new)
2b. Individuals who are enforcing restrictions on the basis of terms and conditions of providers of intermediary services shall be given adequate initial and ongoing training on the applicable laws and international human rights standards, as well as on the action to be taken in case of conflict with the terms and conditions. Such individuals shall be provided with appropriate working conditions, including professional support, qualified psychological assistance and qualified legal advice, where relevant.
Amendment 960 #
2020/0361(COD)
Proposal for a regulation
Article 12 – paragraph 2 c (new)
Article 12 – paragraph 2 c (new)
2c. Providers of intermediary services shall notify the recipients of the service of any change to the contract terms and conditions that can affect their rights and provide a user-friendly explanation thereof. The changes shall not be implemented before the expiry of a notice period which is reasonable and proportionate to the nature and extent of the envisaged changes and to their consequences for the recipients of the service. That notice period shall be at least 15 days from the date on which the provider of intermediary services notifies the recipients about the changes. Failure to consent to such changes should not lead to basic services becoming unavailable.
Amendment 978 #
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 in a standardised and machine-readable format, at least once a year, clear, easily comprehensible and detailed reports on any content moderation they engaged in during the relevant period. Those reports shall include, in particular, information on the following, as applicable:
Amendment 987 #
2020/0361(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point c
Article 13 – paragraph 1 – point c
(c) the content moderation engaged in at the providers’ own initiative, including the number and type of measures taken that affect the availability, visibility and accessibility of information provided by the recipients of the service and the recipients’ ability to provide information, including removals, suspensions, demotions or the imposition of other sanctions, categorised by the type of reason and basis for taking those measures;, as well as measures taken to provide training and assistance to members of staff who are engaged in content moderation.
Amendment 990 #
2020/0361(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point d
Article 13 – paragraph 1 – point d
Amendment 1001 #
2020/0361(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
Amendment 1014 #
2020/0361(COD)
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Amendment 1024 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Providers of hosting 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. Those mechanisms shall be easy to access, user- friendly, and allow for the submission of notices exclusively by electronic means. These mechanisms shall be close to the content in question and located on the same level in the online interface as, and clearly distinguishable from, where applicable, mechanisms for notification of alleged violations of terms and conditions. The Commission shall adopt delegated acts in accordance with Article 69 to lay down specific requirements regarding the mechanisms referred to in paragraph 1.
Amendment 1034 #
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 canmay, in some cases, identify the illegality of the content in question. To that end, the providers shall take the necessary measures to enable and facilitate the submission of valid notices containing all of the following elements:
Amendment 1041 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point a a (new)
Article 14 – paragraph 2 – point a a (new)
(aa) evidence that substantiates the claim, where possible;
Amendment 1045 #
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 exact electronic location of that information, in particular the exact URL or URLssuch as the URL or URLs or other identifiers where appropriate, and, where necessary, additional information enabling the identification of the alleged illegal content;
Amendment 1051 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point c
Article 14 – paragraph 2 – point c
Amendment 1054 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
Amendment 1065 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. WThere the notice contains the name and an electronic mail address of the individual or entity that submitted it, individual or entity that submitted the notice shall be given the option to provide an electronic mail address to enable the provider of hosting services shallto promptly send a confirmation of receipt of the notice to that individual or entity.
Amendment 1066 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 4 a (new)
Article 14 – paragraph 4 a (new)
4a. Where individuals decide to include their contact details in a notice, their anonymity towards the recipient of the service who provided the content shall be ensured, except in cases of alleged violations of personality rights or of intellectual property rights.
Amendment 1068 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
5. The provider shall also, without undue delay, notify that individual or entity of its decisaction in respect of the information to which the notice relates, providing information on the redress possibilities in respect of that decision.
Amendment 1069 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 5 a (new)
Article 14 – paragraph 5 a (new)
5a. The provider of intermediary services shall also notify the recipient of the service who provided the information, where contact details are available, giving them the opportunity to reply before taking a decision, unless this would obstruct the prevention and prosecution of serious criminal offences.
Amendment 1077 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 6
Article 14 – paragraph 6
6. Providers of hosting services shall process any notices that they receive under the mechanisms referred to in paragraph 1, and take their decisions in respect of the information to which the notices relate, in a timely, diligent and objectiveact in a timely, diligent, non- discriminatory and non-arbitrary manner. Where they use automated means for that pre-processing notices or decision-making, they shall include information on such use in the notification referred to in paragraph 4.
Amendment 1085 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 6 a (new)
Article 14 – paragraph 6 a (new)
6a. Upon receipt of a valid notice, providers of hosting services shall act expeditiously to disable access to content which is manifestly illegal.
Amendment 1086 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 6 b (new)
Article 14 – paragraph 6 b (new)
6b. Information that has been the subject of a notice and that is not manifestly illegal shall remain accessible while the assessment of its legality is still pending. Member States shall ensure that providers of intermediary services are not held liable for failure to remove notified information, while the assessment of legality is still pending.
Amendment 1090 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 6 c (new)
Article 14 – paragraph 6 c (new)
6c. A decision taken pursuant to a notice submitted in accordance with Article 14(1) shall protect the rights and legitimate interests of all affected parties, in particular their fundamental rights as enshrined in the Charter, irrespective of the Member State in which those parties are established or reside and of the field of law at issue.
Amendment 1091 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 6 d (new)
Article 14 – paragraph 6 d (new)
6d. The provider of hosting services shall ensure that processing of notices is undertaken by qualified individuals to whom adequate initial and ongoing training on the applicable legislation and international human rights standards as well as appropriate working conditions are to be provided, including, where relevant professional support, qualified psychological assistance and legal advice.
Amendment 1092 #
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 to disable access to, or to demote or otherwise impose sanctions against specific items of information provided by the recipients of the service, irrespective of the means used for detecting, identifying or removing or disabling access to that information and of the reason for its decision, it shall promptly inform the recipient, at the latest at the time of the removal or disabling of access, of the decision and provide a clear and specific statement of reasons for that decision. of the action, provide a clear and specific statement of reasons for that action, and include information on the possibility to issue a counter- notice, to make use of the internal complaint-handling system set out in Article 17 and to appeal a decision with the competent authority. This obligation shall not apply and statements of reasons may be withheld where: (a) it is necessary for the investigation, or prosecution, of violations of law or public policy, including for ongoing criminal investigations, to justify avoiding or postponing notice to the recipient; or (b) the content removed were components of high-volume, commercial campaigns to deceive users or manipulate content moderation efforts.
Amendment 1101 #
2020/0361(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point a
Article 15 – paragraph 2 – point a
(a) whether the decisaction entails either the removal of, demotion or other sanction against, or the disabling of access to, the information and, where relevant, the territorial scope of the disabling of accessaction, including, where a decision was taken pursuant to Article 14, an explanation about why the disabling of access did not exceed what was strictly necessary to achieve its objective;
Amendment 1107 #
2020/0361(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point b
Article 15 – paragraph 2 – point b
(b) the facts and circumstances relied on in taking the decisaction, including where relevant whether the decisaction was taken pursuant to a notice of manifestly illegal content submitted in accordance with Article 14 or to an order in accordance with Article 8;
Amendment 1109 #
2020/0361(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point c
Article 15 – paragraph 2 – point c
(c) where applicable, information on the use made of automated means in taking the decision, including whereinforming the decision was taken in respect of content detected or identified using automated means;
Amendment 1112 #
2020/0361(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point d
Article 15 – paragraph 2 – point d
(d) where the decision concerns allegedmanifestly illegal content, a reference to the legal ground relied on and explanations as to why the information is considered to be illegal content on that ground;
Amendment 1116 #
2020/0361(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point f
Article 15 – paragraph 2 – point f
(f) clear, user-friendly information on the redress possibilities available to the recipient of the service in respect of the decision, in particular through internal complaint- handling mechanisms, out-of- court dispute settlement and judicial redress.
Amendment 1118 #
2020/0361(COD)
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. Providers of hosting services shall publish the decisions and the statements of reasons, referred to in paragraph 1 in a publicly accessible, machine-readable database managed and published by the Commission. That information shall not contain personal data.
Amendment 1135 #
2020/0361(COD)
Proposal for a regulation
Article 16
Article 16
Amendment 1153 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
(a) decisions to remove or, demote, disable access to or impose other sanctions against the information;
Amendment 1175 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Online platforms shall ensure that their internal complaint-handling systems are easy to access, user-friendlincluding for persons with disabilities, user-friendly, non- discriminatory and enable and facilitate the submission of sufficiently precise and adequately substantiated complaints. Online platforms shall set out the rules of procedure of their internal complaint handling system in their terms and conditions in a clear, user-friendly and easily accessible manner, including for persons with disabilities.
Amendment 1180 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Online platforms shall handle complaints submitted through their internal complaint-handling system in a timely, diligent and objective manner, non-discriminatory and non- arbitrary manner and within seven days starting on the date on which the online platform received the complaint. Where a complaint contains sufficient grounds for the online platform to consider that the information to which the complaint relates is not illegal and is not incompatible with its terms and conditions, or contains information indicating that the complainant’s conduct does not warrant the suspension or termination of the service or the account, it shall reverse its decision referred to in paragraph 1, without undue delay.
Amendment 1191 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
5. Online platforms shall ensure that the decisions, referred to in paragraph 4, are not solely taken on the basis of automated means and are reviewed by qualified staff to whom adequate initial and ongoing training on the applicable legislation and international human rights standards and to whom appropriate working conditions are provided, including, where relevant, professional support, qualified psychological assistance and legal advice.
Amendment 1199 #
2020/0361(COD)
Proposal for a regulation
Article 18 – paragraph 1 – subparagraph 1
Article 18 – paragraph 1 – subparagraph 1
Recipients of the service addressed by the decisions referred to innd organisations mandated under Article 17(1)68, shall be entitled to select any out-of-court dispute settlement body that has been certified in accordance with paragraph 2 in order to resolve disputes relating to those decisions taken by the online platform on the ground that the information provided by the recipients is illegal content or incompatible with its terms and conditions, including complaints that could not be resolved by means of the internal complaint-handling system referred to in that Article 17. Online platforms shall engage, in good faith, with the body selected with a view to resolving the dispute and shall be bound by the decision taken by the body. Online platforms shall not be liable for implementing decisions of a dispute settlement procedure. The first subparagraph is without prejudice to the right of the recipient concerned to seek redress against the decision before a court in accordance with the applicable law.
Amendment 1210 #
2020/0361(COD)
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – introductory part
Article 18 – paragraph 2 – subparagraph 1 – introductory part
2. The Digital Services Coordinator of the Member State where the independent out-of-court dispute settlement body is established shall, at the request of that body, certify the body for a maximum of three years, which can be renewed, where the body has demonstrated that it meets all of the following conditions:
Amendment 1214 #
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 its members are remunerated in a way that is not linked to the outcome of the procedure;
Amendment 1216 #
2020/0361(COD)
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point a a (new)
Article 18 – paragraph 2 – subparagraph 1 – point a a (new)
(aa) it is composed of legal experts;
Amendment 1218 #
2020/0361(COD)
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point b a (new)
Article 18 – paragraph 2 – subparagraph 1 – point b a (new)
(ba) the natural persons with responsibility for dispute settlement are granted a period of office of a minimum of three years to ensure the independence of their actions;
Amendment 1219 #
2020/0361(COD)
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point b b (new)
Article 18 – paragraph 2 – subparagraph 1 – point b b (new)
(bb) the natural persons with responsibility for dispute settlement commit not to work for the online platform or a professional organisation or business association of which the online platform is a member for a period of three years after their position in the body has ended;
Amendment 1220 #
2020/0361(COD)
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point b c (new)
Article 18 – paragraph 2 – subparagraph 1 – point b c (new)
(bc) natural persons with responsibility for dispute resolution may not have worked for an online platform or a professional organisation or business association of which the online platform is a member for a period of two years before taking up their position in the body;
Amendment 1227 #
2020/0361(COD)
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point c
Article 18 – paragraph 2 – subparagraph 1 – point c
(c) the dispute settlement is easily accessible including for persons with disabilities through electronic communication technology;
Amendment 1228 #
2020/0361(COD)
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point c a (new)
Article 18 – paragraph 2 – subparagraph 1 – point c a (new)
(ca) the anonymity of the individuals involved in the settlement procedure can be guaranteed;
Amendment 1231 #
2020/0361(COD)
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point d
Article 18 – paragraph 2 – subparagraph 1 – point d
(d) it is capable ofensures the settling of disputes in a swift, efficient and cost-effective manner and in at least one official language of the Union, or at the request of the recipient at least in English;
Amendment 1237 #
2020/0361(COD)
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point e
Article 18 – paragraph 2 – subparagraph 1 – point e
(e) the dispute settlement takes place in accordance with clear and fair rules of procedure which are easily and publicly accessible.
Amendment 1239 #
2020/0361(COD)
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point e a (new)
Article 18 – paragraph 2 – subparagraph 1 – point e a (new)
(ea) it ensures that a preliminary decision is taken within a period of seven days following the reception of the complaint and that the outcome of the dispute settlement is made available within a period of 90 calendar days from the date on which the body has received the complete complaint file.
Amendment 1247 #
2020/0361(COD)
Proposal for a regulation
Article 18 – paragraph 3 – subparagraph 1
Article 18 – paragraph 3 – subparagraph 1
If the body decides the dispute in favour of the recipient of the service or organisations mandated under Article 68, the online platform shall reimburse the recipient or organisation for any fees and other reasonable expenses that the recipient has paid or is to pay in relation to the dispute settlement. If the body decides the dispute in favour of the online platform, the recipient or organisation shall not be required to reimburse any fees or other expenses that the online platform paid or is to pay in relation to the dispute settlement.
Amendment 1252 #
2020/0361(COD)
Proposal for a regulation
Article 18 – paragraph 6 a (new)
Article 18 – paragraph 6 a (new)
6a. By 31 December 2024, and every two years thereafter, Digital Services Coordinators shall assess whether the dispute settlement bodies that they have been certified in accordance with paragraph 2 comply with the requirements of this Regulation. Each Digital Services Coordinator shall publish and send to the Agency a report on the development and functioning of those bodies. That report shall in particular: (a) identify best practices of the out- of-court dispute settlement bodies; (b) report on any demonstrable shortcomings, supported by statistics, that hinder the functioning of the out-of-court dispute settlement bodies for both domestic and cross-border disputes, where appropriate; (c) make recommendations on how to improve the effective and efficient functioning of the out-of-court dispute settlement bodies, where appropriate.
Amendment 1260 #
2020/0361(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Online platforms shall take the necessary technical and organisational measures to ensure that notices submitted by trusted flaggers, acting within their designated area of expertise, through the mechanisms referred to in Article 14, are processed and decided upon with priority and without delayexpeditiously, taking into account due process. The use of automated notices by trusted flaggers without effective human review shall not be accepted as a valid means of submission.
Amendment 1267 #
2020/0361(COD)
Proposal for a regulation
Article 19 – paragraph 2 – introductory part
Article 19 – paragraph 2 – introductory part
2. The status of trusted flaggers under this Regulation shall be awarded, upon application by any entitiesy, by the Digital Services Coordinator of the Member State in which the applicant is established, where the applicant has demonstrated to meet all of the following conditions:
Amendment 1271 #
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 allegedly illegal content;
Amendment 1275 #
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 governmental entity;
Amendment 1280 #
2020/0361(COD)
Proposal for a regulation
Article 19 – paragraph 2 – point c
Article 19 – paragraph 2 – point c
(c) it carries out its activities for the purposes of submitting notices in a timely, diligent, accurate and objective manner.
Amendment 1282 #
2020/0361(COD)
Proposal for a regulation
Article 19 – paragraph 2 – point c a (new)
Article 19 – paragraph 2 – point c a (new)
(ca) it publishes, at least once a year, clear, easily comprehensible and detailed reports on all notices submitted in accordance with Article 14 during the relevant period. The report shall list: - notices categorised by the identity of the provider of hosting services; - the type of content notified; - the specific legal provisions allegedly breached by the content notified; - the action taken by the provider; - any potential conflicts of interest and sources of funding, and an explanation of the procedures in place to ensure the trusted flagger maintains its independence.
Amendment 1295 #
2020/0361(COD)
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. Digital Services Coordinators shall communicate to the Commissaward the trusted flagger status for periods of three years, upon which the status may be renewed where the trusted flagger concerned continues to meet the requirements of this Regulation, and the Boardshall communicate to the Agency the names, addresses and electronic mail addresses of the entities to which they have awarded the status of the trusted flagger in accordance with paragraph 2.
Amendment 1299 #
2020/0361(COD)
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. The Commission shall publish the information referred to in paragraph 3s3 and 6 in a publicly available database in an easily accessible and machine-readable format and keep the database updated.
Amendment 1304 #
2020/0361(COD)
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
5. Where an online platform has information indicating that a trusted flagger submitted a not insignificant number of insufficiently precise, inaccurate or inadequately substantiated notices through the mechanisms referred to in Article 14, including information gathered in connection to the processing of complaints through the internal complaint-handling systems referred to in Article 17(3), it shall communicate that information to the Digital Services Coordinator that awarded the status of trusted flagger to the entity concerned, providing the necessary explanations and supporting documents.
Amendment 1310 #
2020/0361(COD)
Proposal for a regulation
Article 19 – paragraph 6
Article 19 – paragraph 6
6. The Digital Services Coordinator that awarded the status of trusted flagger to an entity shall revoke that status if it determines, following an investigation either on its own initiative or on the basis information received byfrom third parties, including the information provided by an online platform pursuant to paragraph 5, that the entity no longer meets the conditions set out in paragraph 2. Before revoking that status, the Digital Services Coordinator shall afford the entity an opportunity to react to the findings of its investigation and its intention to revoke the entity’s status as trusted flagger
Amendment 1315 #
2020/0361(COD)
Proposal for a regulation
Article 19 – paragraph 7
Article 19 – paragraph 7
7. The Commission, after consulting the Board,Agency may issue guidance to assist online platforms and Digital Services Coordinators in the application of paragraphs 5 and 6.
Amendment 1318 #
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. Any prior warning shall provide the recipient of the service with a reasonable amount of time to provide a justification to the online platform to consider that the information to which the suspension relates is not manifestly illegal. Such justifications shall be subject to human review.
Amendment 1328 #
2020/0361(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. Online platforms shall suspend, for a reasonable period of time and after having issued a prior warning, the processing of notices and complaints submitted through the notice and action mechanisms and, internal complaints- handling systems and out-of-court dispute settlement bodies referred to in Articles 14, 17 and 178, respectively, by individuals or entities or by complainants that frequentpeatedly submit notices or complaints or initiate dispute settlements that are manifestly unfounded.
Amendment 1337 #
2020/0361(COD)
Proposal for a regulation
Article 20 – paragraph 3 – point c
Article 20 – paragraph 3 – point c
(c) the gravity of the misuses and its consequences, in particular on the exercise of fundamental rights, regardless of the absolute numbers or relative proportion;
Amendment 1342 #
2020/0361(COD)
Proposal for a regulation
Article 20 – paragraph 3 – point d a (new)
Article 20 – paragraph 3 – point d a (new)
(da) the fact that notices and complaints were submitted following the use of an automated content recognition system;
Amendment 1343 #
2020/0361(COD)
Proposal for a regulation
Article 20 – paragraph 3 – point d b (new)
Article 20 – paragraph 3 – point d b (new)
(db) any justification provided by the recipient of the service to provide sufficient grounds to consider that the information is not manifestly illegal.
Amendment 1347 #
2020/0361(COD)
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. Online platforms shall set out, in a clear and detailed manner with due regard to their obligations under Article 12(2) in particular as regards the applicable fundamental rights of the recipients of the service as enshrined in the Charter, their policy in respect of the misuse referred to in paragraphs 1 and 2 in their terms and conditions, including as regards the facts and circumstances that they take into account when assessing whether certain behaviour constitutes misuse and the duration of the suspension.
Amendment 1370 #
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, it shall ensure that traders can only use its services to promote messages on or to offer products or services to consumers located in the Union if, prior to the use of its services, the online platform has obtained, and has made best efforts to verify the completeness and reliability of, the following information:
Amendment 1410 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. The online platform 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 1421 #
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 swiftly, the online platform shall suspend the provision of its service to the trader until the request is complied with.
Amendment 1445 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 6
Article 22 – paragraph 6
6. The online platform shall make the information referred to in points (a), (d), (e) and (f) of paragraph 1 available to the recipients of the servicpublicly available, in a clear, easily accessible and comprehensible manner.
Amendment 1453 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 7 a (new)
Article 22 – paragraph 7 a (new)
7a. Online platforms facilitating short- term holiday rentals must obtain registration numbers, licencing numbers or an equivalent if such a number is required for the offering of short-term holiday rentals by EU, national or local law and must publish this number in the offer.
Amendment 1464 #
2020/0361(COD)
Proposal for a regulation
Article 22 a (new)
Article 22 a (new)
Article 22a Transparency for sustainable consumption Where an online platform allows consumers to conclude distance contracts with traders, it shall ensure that it provides consumers in a clear and unambiguous manner and in real time with information on the environmental impact of its products and services, such as the use of sustainable and efficient delivery methods, sustainable and ecological packaging, as well as the environmental costs of returning goods in the event of withdrawal.
Amendment 1467 #
2020/0361(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point a a (new)
Article 23 – paragraph 1 – point a a (new)
(aa) the number of complaints received through the internal complaint-handling system referred to in Article 17, the basis for those complaints, decisions taken in respect of those complaints, the average time needed for taking those decisions and the number of instances where those decisions were reversed;
Amendment 1468 #
2020/0361(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point a b (new)
Article 23 – paragraph 1 – point a b (new)
(ab) a list of all trusted flaggers and their area of expertise;
Amendment 1471 #
2020/0361(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point c
Article 23 – paragraph 1 – point c
(c) any use made of automatic means for the purpose of content moderation, including a specification of the precise purposes, indicators of the accuracy of the automated means in fulfilling those purposes and any safeguards applied, including human review.
Amendment 1484 #
2020/0361(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
Amendment 1518 #
2020/0361(COD)
Proposal for a regulation
Article 24 a (new)
Article 24 a (new)
Amendment 1521 #
2020/0361(COD)
Proposal for a regulation
Article 24 b (new)
Article 24 b (new)
Article 24b Additional obligations for platforms primarily used for the dissemination of user-generated pornographic content Where an online platform is primarily used for the dissemination of user generated pornographic content, the platform shall take the necessary technical and organisational measures to ensure (a) that users who disseminate content have verified themselves through a double opt-in e-mail and cell phone registration; (b) professional human content moderation in line with Article 14 paragraph 6 d (new) and trained to identify image-based sexual abuse, where content having a high probability of being illegal; (c) the accessibility of a qualified notification procedure in the form that additionally to the mechanism referred to in Article14 and respecting the same principles with the exception of paragraph 5 a(new), individuals may notify the platform with the claim that image material depicting them or purporting to be depicting them is being disseminated without their consent and supply the platform with prima facie evidence of their physical identity; content notified through this procedure is to be considered manifestly illegal in terms of Article 14 paragraph 6 a (new) and to be suspended without undue delay and at latest within 48 hours.
Amendment 1543 #
2020/0361(COD)
Proposal for a regulation
Article 25 a (new)
Article 25 a (new)
Article 25a Legal representatives of very large online platforms Very large online platforms shall establish one point of contact in each Member State and ensure that it is accessible for recipients of the service in at least one of the official languages of that Member State.
Amendment 1549 #
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 design, functioning and use made of their services in the Union. This risk assessment shall be specific to their services and activities, including technology design, value chain and business-model choices, and shall include the following systemic risks:
Amendment 1572 #
2020/0361(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point b
Article 26 – paragraph 1 – point b
(b) any negative effects forforeseeable impact on the exercise of the fundamental rights, in particular the 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 respectivelythe Charter;
Amendment 1574 #
2020/0361(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point c
Article 26 – paragraph 1 – point c
(c) the intended use, any malfunctioning or intentional manipulation of their service, including by means of inauthentic usecommercial communications published on the platform that are not marketed, sold or arranged by the platform or automated exploitation of the service, in particular with an actual or foreseeable negative effeimpact on the protection of public health, minors and other categories of vulnerable groups of recipients of the service, civic discourse, or actual or foreseeable effeimpacts related to electoral processes and public security.;
Amendment 1581 #
2020/0361(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point c a (new)
Article 26 – paragraph 1 – point c a (new)
(ca) any foreseeable negative societal effect of technology design or business- model choices in relation to systemic risks that represent threats to democracy;
Amendment 1582 #
2020/0361(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point c b (new)
Article 26 – paragraph 1 – point c b (new)
(cb) any environmental impact such as electricity and water consumption, heat production and CO2 emissions related to the provision of the service and technical infrastructure or to consumer behaviour modification with a direct environmental impact.
Amendment 1585 #
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 their content moderation systems, recommender systems and systems for selecting, targeting and displaying advertisement as well as the underlying data collection, processing and profiling influence any of the systemic risks referred to in paragraph 1, including the potentially rapid and wide dissemination of illegal content and of informationcontent that is incompatible with their terms and conditions.
Amendment 1595 #
2020/0361(COD)
Proposal for a regulation
Article 26 – paragraph 2 a (new)
Article 26 – paragraph 2 a (new)
2a. The outcome of the risk assessment and supporting documents shall be communicated to the Agency and the Digital Services Coordinator of establishment. A summary version of the risk assessment shall be made publicly available in an easily accessible format.
Amendment 1597 #
2020/0361(COD)
Proposal for a regulation
Article 26 – paragraph 2 b (new)
Article 26 – paragraph 2 b (new)
2b. Organisations mandated under Article 68 shall have the right to obtain access to the outcome and supporting documents of a risk assessment and to lodge a complaint against its accuracy or completeness with the Digital Services Coordinator of establishment.
Amendment 1605 #
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 reasonabletransparent, proportionate and effective mitigation measures, tailored to o eliminate, prevent and mitigate the specific systemic risks identified pursuant to Article 26. Such measures mayshall include, where applicable:
Amendment 1608 #
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, the design, features or functioning of their services, their advertising model or their terms and conditions;
Amendment 1615 #
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 and targeting of advertisements in association with the service they provide;
Amendment 1616 #
2020/0361(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point c
Article 27 – paragraph 1 – point c
(c) reinforcing the internal processes, testing, documentation or supervision of any of their activities in particular as regards detection of systemic risk;
Amendment 1622 #
2020/0361(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point e a (new)
Article 27 – paragraph 1 – point e a (new)
(ea) targeted measures aimed at reducing electricity and water consumption, heat production and CO2 emissions related to the provision of the service and technical infrastructure.
Amendment 1624 #
2020/0361(COD)
Proposal for a regulation
Article 27 – paragraph 1 a (new)
Article 27 – paragraph 1 a (new)
1a. Any measure adopted shall 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 1632 #
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,Agency shall publish comprehensive reports, once a year, which shall include the following:
Amendment 1634 #
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 recurrent systemic risks reported by very large online platforms or identified through other information sources, in particular those provided in compliance with Articles 30, 31 and 33;
Amendment 1643 #
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,Agency may issue general guidelines on the application of paragraph 1 in relation to specific risks, in particular to present best practices and recommend possible measures, having due regard to the possible consequences of the measures on fundamental rights enshrined in the Charter of all parties involved. When preparing those guidelines the CommissionAgency shall organise public consultations.
Amendment 1651 #
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, and additionally where requested by the Agency, to independento audits to assess compliance with the following:
Amendment 1656 #
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; . Audits shall at least be performed on: (i) the clarity, coherence and predictable enforcement of terms of service with particular regard to the applicable fundamental rights as enshrined in the Charter; (ii) the completeness, methodology and consistency of the transparency reporting obligations as set out in Articles 13, 13a, 23, and 30 as well as respect for industry standards on transparency reporting; (iii) accuracy, predictability and clarity of the provider's follow-up for recipients of the service and notice providers to notices of manifestly illegal content and terms of service violations and the accuracy of classification (illegal or terms and conditions violation) of removed information; (iv) internal and third-party complaint handling mechanisms; (v) interaction with trusted flaggers and independent assessment of accuracy, response times, efficiency and whether there are indications of abuse; (vi) diligence with regard to verification of the traceability of traders; (vii) the adequateness and correctness of the risk assessment as set out in Article 26; (viii) the adequateness and effectiveness of the measures taken according to Article 27 to address the risks identified in the risk assessments as set out in Article 26; (ix) the effectiveness of and compliance with codes of conduct. Audits on the subjects mentioned in points (i) to (vii) may be combined where the organisation performing the audits has subject-specific expertise on the subject matters at hand.
Amendment 1666 #
2020/0361(COD)
Proposal for a regulation
Article 28 – paragraph 2 – point a
Article 28 – paragraph 2 – point a
(a) are legally and financially independent from the very large online platform concerned;
Amendment 1667 #
2020/0361(COD)
Proposal for a regulation
Article 28 – paragraph 2 – point b
Article 28 – paragraph 2 – point b
Amendment 1669 #
2020/0361(COD)
Proposal for a regulation
Article 28 – paragraph 2 – point c
Article 28 – paragraph 2 – point c
(c) have proven objectivitybeen recognised and vetted by the Agency on the basis of their proven objectivity, subject-specific expertise and professional ethics, based in particular on adherence to codes of practice or appropriate standards.
Amendment 1671 #
2020/0361(COD)
Proposal for a regulation
Article 28 – paragraph 2 – point c a (new)
Article 28 – paragraph 2 – point c a (new)
(ca) natural persons performing the audits commit not to work for the very large online platform audited or a professional organisation or business association of which the platform is a member for a period of three years after their position in the auditing organisation has ended.
Amendment 1673 #
2020/0361(COD)
Proposal for a regulation
Article 28 – paragraph 3 – introductory part
Article 28 – paragraph 3 – introductory part
3. The organisations that perform the audits shall establish an audit report for each audit subject as referred to in point (a) of paragraph 1. The report shall be in writing and include at least the following:
Amendment 1674 #
2020/0361(COD)
Proposal for a regulation
Article 28 – paragraph 3 – point b a (new)
Article 28 – paragraph 3 – point b a (new)
(ba) a declaration of interests;
Amendment 1675 #
2020/0361(COD)
Proposal for a regulation
Article 28 – paragraph 3 – point d
Article 28 – paragraph 3 – point d
(d) a description of the main findings drawn from the audit and a summary of the main findings;
Amendment 1682 #
2020/0361(COD)
Proposal for a regulation
Article 28 – paragraph 4
Article 28 – paragraph 4
4. Very large online platforms receiving an audit report that is not positive shall take due account of any operational recommendations addressed to them with a view to take the necessary measures to implement them. They shall, within one month from receiving those recommendations, adopt an audit implementation report setting out those measures. Where they do not implement the operational recommendations, they shall justify in the audit implementation report the reasons for not doing so and set out any alternative measures they may have taken to address any instances of non- compliance identified.
Amendment 1683 #
2020/0361(COD)
Proposal for a regulation
Article 28 – paragraph 4 a (new)
Article 28 – paragraph 4 a (new)
4a. The Agency shall decide on the subject matter of audits to be performed and choose the auditing organisation for the relevant audited subject matter as referred to in paragraph 1. Yearly audits of very large online platforms may not be performed by the same auditing organisation for more than three consecutive times. The Agency shall monitor the implementation by the very large platforms of any operational recommendations addressed to them. The Agency shall publish and regularly update a list of vetted organisations that perform audits of very large online platforms. The Agency shall publish and regularly review detailed criteria such organisations need to meet in order to be vetted.
Amendment 1686 #
2020/0361(COD)
Proposal for a regulation
Article 28 a (new)
Article 28 a (new)
Amendment 1688 #
2020/0361(COD)
Proposal for a regulation
Article 29 – title
Article 29 – title
Recommender systems of very large online platforms
Amendment 1689 #
2020/0361(COD)
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
Amendment 1703 #
2020/0361(COD)
Proposal for a regulation
Article 29 – paragraph 2 a (new)
Article 29 – paragraph 2 a (new)
2a. In addition to the obligations applicable to all online platforms, very large online platforms shall offer to the recipients of the service the choice of using recommender systems from third party providers, where available. Such third parties must be offered access to the same operating system, hardware or software features that are available or used in the provision by the platform of its own recommender systems.
Amendment 1705 #
2020/0361(COD)
Proposal for a regulation
Article 29 – paragraph 2 b (new)
Article 29 – paragraph 2 b (new)
2b. Very large online platforms may only limit access to third-party recommender systems temporarily and in exceptional circumstances, when justified by an obligation under Article 18 of Directive (EU) 2020/0359 and Article 32(1)(c) of Regulation (EU) 2016/679. Such limitations shall be notified within 24 hours to affected third parties and to the Agency. The Agency may require such limitations to be removed or modified where it decides by majority vote they are unnecessary or disproportionate.
Amendment 1706 #
2020/0361(COD)
Proposal for a regulation
Article 29 – paragraph 2 c (new)
Article 29 – paragraph 2 c (new)
2c. Very large online platforms shall not make commercial use of any of the data that is generated or received from third parties as a result of interoperability activities for purposes other than enabling those activities. Any processing of personal data related to those activities shall comply with Regulation (EU) 2016/679, in particular Articles 6(1)(a) and 5(1)(c).
Amendment 1717 #
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 in an easily accessible and comprehensible format and through application programming interfaces a repository containing the information referred to in paragraph 2, until oneseven years 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 1727 #
2020/0361(COD)
Proposal for a regulation
Article 30 – paragraph 2 – point d
Article 30 – paragraph 2 – point d
(d) whether the advertisement was intended to be displayed specifically to one or more particular groups of recipients of the service and if so, the mainall parameters used for that purpose including any parameters used to exclude particular groups;
Amendment 1729 #
2020/0361(COD)
Proposal for a regulation
Article 30 – paragraph 2 – point d a (new)
Article 30 – paragraph 2 – point d a (new)
(da) where it is disclosed, a copy of the content of commercial communications published on the very large online platforms that are not marketed, sold or arranged by the very large online platform, which have through appropriate channels been declared as such to the very large online platform;
Amendment 1731 #
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 terms of impressions and engagements of the advertisement and, where applicable, aggregate numbers for the group or groups of recipients to whom the advertisement was targeted specifically.
Amendment 1734 #
2020/0361(COD)
Proposal for a regulation
Article 30 – paragraph 2 – point e a (new)
Article 30 – paragraph 2 – point e a (new)
(ea) in case of an advertisement removed on the basis of a notice submitted in accordance with Article 14 or an order as set out in Article 8, the information referred to in points (b) to (d) of paragraph 2;
Amendment 1741 #
2020/0361(COD)
Proposal for a regulation
Article 30 – paragraph 2 a (new)
Article 30 – paragraph 2 a (new)
2a. The online platform shall make reasonable efforts to ensure that the information referred to in paragraph 2 is accurate and complete.
Amendment 1753 #
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 theirr an independent enforcement and monitoring unit of the Agency, upon reasoned request and within a reasonable period, specified in the request, 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.
Amendment 1754 #
2020/0361(COD)
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. Upon a reasoned request from at least three Digital Services Coordinators of destination, the Digital Services Coordinator of establishment or the CommissionAgency, very large online platforms shall, within a reasonable period, as specified in the request, provide access to data to vetted researchers, vetted not-for-profit bodies, organisations or associations or vetted media organisations who meet the requirements in paragraphs 4 of this Article, for the sole purpose of conducting research that contributes to the identification, mitigation and understanding of systemic risks as set out in Article 26(1) and Article 27(1).
Amendment 1762 #
2020/0361(COD)
Proposal for a regulation
Article 31 – paragraph 4
Article 31 – paragraph 4
4. In order to be vetted, researchers shall be affiliated with academic institutions, be independent from commercial interestindependent from commercial interests, not receive any funding by any of the very large online platforms as defined in Article 25 and disclose all funding sources, 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. In order to be vetted, not-for-profit bodies, organisations or associations have to meet the requirements laid down in Article 68, have statutory objectives which are in the public interest, and have expertise related to the fields referred to in Article 26.
Amendment 1769 #
2020/0361(COD)
Proposal for a regulation
Article 31 – paragraph 5
Article 31 – paragraph 5
5. The Commission shall, after consulting the BoardAgency, adopt delegated acts laying down the technical conditions under which very large online platforms are to share data pursuant to paragraphs 1 and 2 and the purposes for which the data may be used. Those delegated acts shall lay down the specific conditions under which such sharing of data with vetted researchers, or not-for-profit bodies, organisations or associations or media organisations can take place in compliance with Regulation (EU) 2016/679, taking into account the rights and interests of the very large online platforms and the recipients of the service concerned, including the protection of confidential information, in particular trade secrets, and maintaining the security of their service.
Amendment 1777 #
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 followingit does not have access two reasons:the data.
Amendment 1779 #
2020/0361(COD)
Proposal for a regulation
Article 31 – paragraph 6 – point a
Article 31 – paragraph 6 – point a
Amendment 1780 #
2020/0361(COD)
Proposal for a regulation
Article 31 – paragraph 6 – point b
Article 31 – paragraph 6 – point b
Amendment 1786 #
2020/0361(COD)
Proposal for a regulation
Article 31 – paragraph 7 a (new)
Article 31 – paragraph 7 a (new)
Amendment 1790 #
2020/0361(COD)
Proposal for a regulation
Article 31 – paragraph 7 b (new)
Article 31 – paragraph 7 b (new)
7b. The Commission shall issue regulatory guidance for very large online platforms and consult with the European Data Protection Board to facilitate the drafting and implementation of codes of conduct at Union level between very large online platforms and vetted researchers, not-for-profit bodies, organisations or associations or media organisation to appropriate technical and organisational safeguards to be implemented before data can be shared pursuant to paragraphs 1 and 2.
Amendment 1791 #
2020/0361(COD)
Proposal for a regulation
Article 31 – paragraph 7 c (new)
Article 31 – paragraph 7 c (new)
7c. Upon completion of the research envisaged in Article 31(2), the vetted researchers, not-for-profit bodies, organisations or associations or media organisations, shall make their research publicly available, while fully respecting the rights and interests of the recipients of the service concerned in compliance with Regulation (EU) 2016/679.
Amendment 1797 #
2020/0361(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. Very large online platforms shall publish the reports referred to in Article 13 within six months from the date of application referred to in Article 25(4), and thereafter every six months in a standardised, machine-readable and easily accessible format.
Amendment 1801 #
2020/0361(COD)
Proposal for a regulation
Article 33 – paragraph 2 – point d a (new)
Article 33 – paragraph 2 – point d a (new)
(da) aggregate numbers for the total views and view rate of content prior to a removal on the basis of orders issued in accordance with Article 8 or content moderation engaged in at the provider’s own initiative and under its terms and conditions.
Amendment 1806 #
2020/0361(COD)
Proposal for a regulation
Article 33 a (new)
Article 33 a (new)
Amendment 1813 #
2020/0361(COD)
Proposal for a regulation
Article 34 – paragraph 1 – introductory part
Article 34 – paragraph 1 – introductory part
1. TWhere necessary to achieve agreed and clearly defined public objectives, the Commission shall support and promote the development and implementation of voluntary industry standards set by relevant European and international standardisation bodies at least for the following:
Amendment 1816 #
2020/0361(COD)
Proposal for a regulation
Article 34 – paragraph 1 – point a
Article 34 – paragraph 1 – point a
(a) electronic submission of notices under Article 14 in a manner that permits the logging and, where possible, the automatic publication of all relevant statistical data;
Amendment 1819 #
2020/0361(COD)
Proposal for a regulation
Article 34 – paragraph 1 – point b
Article 34 – paragraph 1 – point b
(b) electronic submission of notices by trusted flaggers under Article 19, including, if necessary, through application programming interfaces, and which permit the logging and, where possible, the automatic publication of all relevant statistical data;
Amendment 1820 #
2020/0361(COD)
Proposal for a regulation
Article 34 – paragraph 1 – point b a (new)
Article 34 – paragraph 1 – point b a (new)
(ba) terms and criteria for the submission of notices in a diligent manner by trusted flaggers under Article 19;
Amendment 1821 #
2020/0361(COD)
Proposal for a regulation
Article 34 – paragraph 1 – point c
Article 34 – paragraph 1 – point c
(c) specific interfaces, including application programming interfaces or other mechanisms, to facilitate compliance with the obligations set out in Articles 30 and 31;
Amendment 1830 #
2020/0361(COD)
Proposal for a regulation
Article 34 – paragraph 1 – point f a (new)
Article 34 – paragraph 1 – point f a (new)
(fa) transparency reporting obligations pursuant to Article 13;
Amendment 1832 #
2020/0361(COD)
Proposal for a regulation
Article 34 – paragraph 1 – point f b (new)
Article 34 – paragraph 1 – point f b (new)
(fb) the design of online interfaces regarding inter alia the acceptance of and changes to terms and conditions, settings, advertising practices, recommender systems, and decisions within the content moderation process to prevent dark patterns;
Amendment 1833 #
2020/0361(COD)
Proposal for a regulation
Article 34 – paragraph 1 – point f c (new)
Article 34 – paragraph 1 – point f c (new)
(fc) electricity, water and heat consumption, including such consumption caused by artificial intelligence and recommender systems by very large online platforms;
Amendment 1834 #
2020/0361(COD)
Proposal for a regulation
Article 34 – paragraph 1 – point f d (new)
Article 34 – paragraph 1 – point f d (new)
(fd) data sufficiency, aiming at the reduction of data generation, in particular traffic data, including the reduction of associated electricity, water and heat consumption and resources from data centres.
Amendment 1841 #
2020/0361(COD)
Proposal for a regulation
Article 34 – paragraph 2 a (new)
Article 34 – paragraph 2 a (new)
2a. At least with regard to points (a), (b) and (ba new) of paragraph 1, the Commission shall carry out thorough impact assessments before implementation in order to ensure compliance with Union law. In particular, such mechanisms shall not lead to restrictions being automatically imposed on notified content.
Amendment 1845 #
2020/0361(COD)
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. The Commission and the BoardAgency shall encourage and facilitate the drawfting upand implementation of codes of conduct at Union level to contribute to the proper application of this Regulation, taking into account in particular the specific challenges ofand responsibilities involved in comprehensively tackling different types of illegal content and systemic risks, in accordance with Union law, in particular on competition and the protection of personal data. Particular attention shall be given to avoiding counterproductive effects on competition, data access and security, the general monitoring prohibition and the rights of individuals. The Commission and the Agency shall approve and be party to any such code of conduct, in order to ensure adequate accountability and legal redress for individuals.
Amendment 1859 #
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 may 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 1862 #
2020/0361(COD)
Proposal for a regulation
Article 35 – paragraph 3
Article 35 – paragraph 3
Amendment 1869 #
2020/0361(COD)
Proposal for a regulation
Article 35 – paragraph 4
Article 35 – paragraph 4
4. The Commission and the BoardAgency shall assess whether the codes of conduct meet the aims specified in paragraphs 1 and 3, and shall regularly monitor and evaluate, at least once a year, the achievement of their objectives and include at least the following points: (a) the evolution of the scale and nature of the public policy problem being addressed by the relevant code. (b) the existence or emergence of commercial interests on the part of the online platform that may disincentivise the successful implementation of the code; (c) whether there are adequate safeguards to ensure the rights of individuals and businesses. They shall publish their conclusions.
Amendment 1875 #
2020/0361(COD)
Proposal for a regulation
Article 35 – paragraph 5
Article 35 – paragraph 5
5. The BoardAgency shall regularly monitor and evaluate, at least once a year, the achievement of the objectives of the codes of conduct, having regard to the key performance indicators that they may contain.
Amendment 1877 #
2020/0361(COD)
Proposal for a regulation
Article 35 – paragraph 5 a (new)
Article 35 – paragraph 5 a (new)
5a. For each Code of Conduct a European Citizens’ Assembly is established that monitors outcomes of the Codes of Conduct, discusses the main issues at stake publicly and sets out public policy recommendations to the Commission. The members of the European Citizens’ Assemblies shall be randomly selected so as to be broadly representative of European society elected taking into account gender, age, location, and social class.
Amendment 1885 #
2020/0361(COD)
Proposal for a regulation
Article 36 – paragraph 2 – point a
Article 36 – paragraph 2 – point a
(a) the transmission of information held by providers of online advertising intermediaries to recipients of the service with regard to requirements set in points (b) and (c) of Article 24a new;
Amendment 1886 #
2020/0361(COD)
Proposal for a regulation
Article 36 – paragraph 2 – point b
Article 36 – paragraph 2 – point b
(b) the transmission of information held by providers of online advertising intermediaries to the repositories pursuant to Article 30, in particular the information referred to in points (d) and (d a new) of paragraph 2 of Article 30..
Amendment 1906 #
2020/0361(COD)
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
1. Member States shall designate one or more competent authorities as responsible for the application and enforcement of this Regulation (‘competent authorities’), without prejudice to the procedures for the supervision of very large online platforms laid out in Section 3.
Amendment 1911 #
2020/0361(COD)
Proposal for a regulation
Article 38 – paragraph 2 – subparagraph 2
Article 38 – paragraph 2 – subparagraph 2
For that purpose, Digital Services Coordinators shall cooperate with each other, other national competent authorities, the Board and the CommissionAgency, without prejudice to the possibility for Member States to provide for regular exchanges of views with other authorities where relevant for the performance of the tasks of those other authorities and of the Digital Services Coordinator.
Amendment 1912 #
2020/0361(COD)
Proposal for a regulation
Article 38 – paragraph 2 – subparagraph 3
Article 38 – paragraph 2 – subparagraph 3
Where a Member State designates more than one competent authority in addition to the Digital Services Coordinator, it shall ensure that the respective tasks of those authorities and of the Digital Services Coordinator are clearly defined and that they cooperate closely and effectively when performing their tasks. The Member State concerned shall communicate the name of the other competent authorities as well as their respective tasks to the Commission and the BoardAgency.
Amendment 1933 #
2020/0361(COD)
Proposal for a regulation
Article 40 – paragraph 3
Article 40 – paragraph 3
3. Where a provider of intermediary services fails to appoint a legal representative in accordance with Article 11, all Member States shall have jurisdiction for the purposes of Chapters III and IV. Where a Member State decides to exercise jurisdiction under this paragraph, it shall inform all other Member StateDigital Services Coordinators and ensure that the principle of ne bis in idem is respected.
Amendment 1938 #
2020/0361(COD)
Proposal for a regulation
Article 40 – paragraph 4
Article 40 – paragraph 4
4. Paragraphs 1, 2 and 3 are without prejudice to the second subparagraph of Article 50(4) and the second subparagraph of Article 51(2) and the tasks and powers of the Commission underprocedures for the supervision of very large online platforms as laid out in Section 3.
Amendment 1942 #
2020/0361(COD)
Proposal for a regulation
Article 41 – paragraph 1 – point a
Article 41 – paragraph 1 – point a
(a) the power to require those providers, as well as any other persons acting for purposes related to their trade, business, craft or profession that may reasonably be aware of information relating to a suspected infringement of this Regulation, including, organisations performing the audits referred to in Articles 28 and 50(3), to provide such information within a reasonable time periodout undue delay, or at the latest within one month;
Amendment 1947 #
2020/0361(COD)
Proposal for a regulation
Article 41 – paragraph 2 – subparagraph 2
Article 41 – paragraph 2 – subparagraph 2
As regards points (c) and (d) of the first subparagraph, Digital Services Coordinators shall also have the enforcement powers set out in those points in respect of the other persons referred to in paragraph 1 for failure to comply with any of the orders issued to them pursuant to that paragraph. They shall only exercise those enforcement powers after having provided those others persons in good time with all relevant information relating to such orders, including the applicable time period, the fines or periodic payments that may be imposed for failure to comply and redress possibilities.
Amendment 1948 #
2020/0361(COD)
Proposal for a regulation
Article 41 – paragraph 3 – subparagraph 1 – introductory part
Article 41 – paragraph 3 – subparagraph 1 – introductory part
Amendment 1949 #
2020/0361(COD)
Proposal for a regulation
Article 41 – paragraph 3 – subparagraph 1 – point a
Article 41 – paragraph 3 – subparagraph 1 – point a
(a) require the management body of the providers, within a reasonable time period which shall in any case not exceed three months, to examine the situation, adopt and submit an action plan setting out the necessary measures to terminate the infringement, ensure that the provider takes those measures, and report on the measures taken;
Amendment 1951 #
2020/0361(COD)
Proposal for a regulation
Article 41 – paragraph 3 – subparagraph 1 – point b
Article 41 – paragraph 3 – subparagraph 1 – point b
(b) where the Digital Services Coordinator considers that the provider has not sufficiently complied with the requirements of the first indent, that the infringement persists or is continuously repeated and causes serious harm, and that the infringement entails a serious criminal offence involving a threat to the life or safety of persons, request the competent judicial authority of that Member State to order the temporary restriction of access of recipients of the service concerned by the infringement or, only where that is not technically feasible, to the online interface of the provider of intermediary services on which the infringement takes place.
Amendment 1953 #
2020/0361(COD)
Proposal for a regulation
Article 41 – paragraph 3 – subparagraph 2
Article 41 – paragraph 3 – subparagraph 2
The Digital Services Coordinator shall, except where it acts upon the Commission’s request referred to in Article 65, prior to submitting the request referred to in point (b) of the first subparagraph, invite interested parties to submit written observations within a time period that shall not be less than two weeks, describing the measures that it intends to request and identifying the intended addressee or addressees thereof. The provider, the intended addressee or addressees and any other third party demonstrating a legitimate interest shall be entitled to participate in the proceedings before the competent judicial authority. Any measure ordered shall be proportionate to the nature, gravity, recurrence and duration of the infringement, without unduly restricting access to lawful information by recipients of the service concerned.
Amendment 1957 #
2020/0361(COD)
Proposal for a regulation
Article 42 – paragraph 3
Article 42 – paragraph 3
3. Member States shall ensure that the maximum amount of penalties imposed for a failure to comply with the obligations laid down in this Regulation shall not exceed 6 10% of the annual worldwide income or turnover of the provider of intermediary services concerned. Penalties for the supply of incorrect, incomplete or misleading information, failure to reply or rectify incorrect, incomplete or misleading information and to submit to an on-site inspection shall not exceed 12% of the annual worldwide income or turnover of the provider concerned.
Amendment 1960 #
2020/0361(COD)
Proposal for a regulation
Article 42 – paragraph 4
Article 42 – paragraph 4
4. Member States shall ensure that the maximum amount of a periodic penalty payment shall not exceed 510 % of the average daily worldwide turnover of the provider of intermediary services concerned in the preceding financial year per day, calculated from the date specified in the decision concerned.
Amendment 1965 #
2020/0361(COD)
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
Recipients of the service, as well as bodies, organisations or associations referred to in Article 68, independently of a recipient’s mandate, shall have the right to lodge a complaint against providers of intermediary services alleging an infringement of this Regulation with the Digital Services Coordinator of the Member State where the recipient resides or is established. The Digital Services Coordinator shall assess the complaint and, where appropriate, transmit it to the Digital Services Coordinator of establishment without undue delay. Where the complaint falls under the responsibility of another competent authority in its Member State, the Digital Service Coordinator receiving the complaint shall transmit it to that authority without undue delay. Where the complaint falls under the responsibility of the Agency, the Digital Service Coordinator receiving the complaint shall transmit it to the Agency without undue delay.
Amendment 1971 #
2020/0361(COD)
Proposal for a regulation
Article 43 – paragraph 1 a (new)
Article 43 – paragraph 1 a (new)
Recipients of the service or their representatives that lodged the complaint should have a right to be heard in the procedure conducted by the competent authority and should be informed about each stage of the procedure by the Digital Services Coordinator assessing their claim. They shall obtain a response from the Digital Coordinator within three months since they lodged their complaint.
Amendment 1973 #
2020/0361(COD)
Proposal for a regulation
Article 43 – paragraph 1 b (new)
Article 43 – paragraph 1 b (new)
A decision on the complaint shall be taken without delay and within 6 months at the latest.
Amendment 1975 #
2020/0361(COD)
Proposal for a regulation
Article 44 – paragraph 1
Article 44 – paragraph 1
1. Digital Services Coordinators shall draw up an clear and detailed annual report on their activities under this Regulation. They shall make the annual reports available to the public in a standardised and machine-readable format, and shall communicate them to the Commission and to the BoardAgency.
Amendment 1979 #
2020/0361(COD)
Proposal for a regulation
Article 44 – paragraph 2 – point b a (new)
Article 44 – paragraph 2 – point b a (new)
(ba) the number of appeals made against those orders raised by providers of intermediary services or recipients of the service as well as the outcome of appeals;
Amendment 1980 #
2020/0361(COD)
Proposal for a regulation
Article 44 – paragraph 2 – point b b (new)
Article 44 – paragraph 2 – point b b (new)
(bb) in the case of criminal law violations, the number of orders which led to investigation and prosecution of the underlying offences.
Amendment 1983 #
2020/0361(COD)
Proposal for a regulation
Article 45 – paragraph 1 – subparagraph 1
Article 45 – paragraph 1 – subparagraph 1
Where a Digital Services Coordinator has reasons to suspect that a provider of an intermediary service, not under the jurisdiction of the Member State concerned and not falling under the procedures laid out in Section 3, infringed this Regulation, it shall 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 1984 #
2020/0361(COD)
Proposal for a regulation
Article 45 – paragraph 1 – subparagraph 2
Article 45 – paragraph 1 – subparagraph 2
Where the BoardAgency has reasons to suspect that a provider of intermediary services infringed this Regulation in a manner involving at least three Member States, it may recommend 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 1991 #
2020/0361(COD)
Proposal for a regulation
Article 45 – paragraph 2 – point b
Article 45 – paragraph 2 – point b
(b) a description of the relevant facts, the provisions of this Regulation concerned and the reasons why the Digital Services Coordinator that sent the request, or the BoardAgency, suspects that the provider infringed this Regulation;
Amendment 1992 #
2020/0361(COD)
Proposal for a regulation
Article 45 – paragraph 2 – point c
Article 45 – paragraph 2 – point c
(c) any other information that the Digital Services Coordinator that sent the request, or the BoardAgency, considers relevant, including, where appropriate, information gathered on its own initiative or suggestions for specific investigatory or enforcement measures to be taken, including interim measures.
Amendment 1997 #
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. 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, or the BoardAgency, 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 1999 #
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 BoardAgency, 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 to ensure compliance with this Regulation.
Amendment 2003 #
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 BoardAgency, 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 CommissionAgency, 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 2007 #
2020/0361(COD)
Proposal for a regulation
Article 45 – paragraph 6
Article 45 – paragraph 6
6. The CommissionAgency 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 2012 #
2020/0361(COD)
Proposal for a regulation
Article 45 – paragraph 7
Article 45 – paragraph 7
7. Where, pursuant to paragraph 6, the CommissionAgency 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.
Amendment 2016 #
2020/0361(COD)
Proposal for a regulation
Article 46 – title
Article 46 – title
Joint investigations and requests for CommissionAgency intervention
Amendment 2018 #
2020/0361(COD)
Proposal for a regulation
Article 46 – paragraph 1 – subparagraph 1
Article 46 – paragraph 1 – subparagraph 1
Digital Services Coordinators may participate in joint investigations, which may be coordinated with the support of the BoardAgency, with regard to matters covered by this Regulation, concerning providers of intermediary services operating in several Member States.
Amendment 2019 #
2020/0361(COD)
Proposal for a regulation
Article 46 – paragraph 1 – subparagraph 2
Article 46 – paragraph 1 – subparagraph 2
Such joint investigations are without prejudice to the tasks and powers of the participating Digital Services Coordinators and the requirements applicable to the performance of those tasks and exercise of those powers provided in this Regulation. The participating Digital Services Coordinators shall make the results of the joint investigations available to other Digital Services Coordinators, the Commission and the BoardAgency through the system provided for in Article 67 for the fulfilment of their respective tasks under this Regulation.
Amendment 2025 #
2020/0361(COD)
Proposal for a regulation
Article 46 – paragraph 2
Article 46 – paragraph 2
2. Where a Digital Services Coordinator of establishment has reasons to suspect that a very large online platform infringed this Regulation, it may request the CommissionAgency to take the necessary investigatory and enforcement measures to ensure compliance with this Regulation in accordance with Section 3. Such a request shall contain all information listed in Article 45(2) and set out the reasons for requesting the CommissionAgency to intervene.
Amendment 2026 #
2020/0361(COD)
Proposal for a regulation
Article 47 – title
Article 47 – title
European Board for Digital ServicesPlatform Agency
Amendment 2027 #
2020/0361(COD)
Proposal for a regulation
Article 47 – title
Article 47 – title
European Board for Digital ServicesPlatform Agency
Amendment 2031 #
2020/0361(COD)
Proposal for a regulation
Article 47 – paragraph 1
Article 47 – paragraph 1
1. An independent advisory group of Digital Services Coordinators on the supervision of providers of intermediary services named ‘European Board for Digital Servicesoversight body for providers of very large online platforms named ‘European Platform Agency’ (the ‘BoardAgency’) is established as a body of the Union and shall have legal personality.
Amendment 2032 #
2020/0361(COD)
Proposal for a regulation
Article 47 – paragraph 1 a (new)
Article 47 – paragraph 1 a (new)
1a. The Agency shall be responsible for all matters relating to the application and enforcement of this Regulation for very large online platforms, in accordance with the procedures laid out in Section 3 of this Regulation.
Amendment 2035 #
2020/0361(COD)
Proposal for a regulation
Article 47 – paragraph 2 – introductory part
Article 47 – paragraph 2 – introductory part
2. The BoardAgency shall advise the Digital Services Coordinators and the Commission in accordance with this Regulation to achieve the following objectives:
Amendment 2038 #
2020/0361(COD)
Proposal for a regulation
Article 47 – paragraph 2 – point a
Article 47 – paragraph 2 – point a
(a) Contributing to the consistent application of this Regulation and effective cooperation of the Digital Services Coordinators and the Commission with regard to matters covered by this Regulation;
Amendment 2042 #
2020/0361(COD)
Proposal for a regulation
Article 47 – paragraph 2 – point b
Article 47 – paragraph 2 – point b
(b) coordinating and contributing to guidance and analysis of the Commission and Digital Services Coordinators and other competent authorities on emerging issues across the internal market with regard to matters covered by this Regulation;
Amendment 2044 #
2020/0361(COD)
Proposal for a regulation
Article 47 – paragraph 2 – point c
Article 47 – paragraph 2 – point c
Amendment 2045 #
2020/0361(COD)
Proposal for a regulation
Article 47 – paragraph 2 a (new)
Article 47 – paragraph 2 a (new)
2a. In so far as is necessary in order to achieve the objectives set out in this Regulation, and without prejudice to the competence of the Member States and of the Union institutions, the Agency may cooperate with the competent authorities of third countries and with international organisations. To that end, the Agency may, subject to the authorisation of the Oversight Board and after the approval of the Commission, establish working arrangements with the competent authorities of third countries and with international organisations. Those arrangements shall not create legal obligations on the Union or the Member States.
Amendment 2047 #
Amendment 2048 #
2020/0361(COD)
Proposal for a regulation
Article 48 – paragraph 1
Article 48 – paragraph 1
1. The BoardAgency shall be composed of the Digital Services Coordinators, who shall be represented by high-level officials. Where provided for by national law, other competent authorities entrusted with specific operational responsibilities for the application and enforcement of this Regulation alongside the Digital Services Coordinator shall participate in the Board. Other national authorities may be invited to the meetings, where the issues discussed are of relevance for themoperating part of the Agency and an Oversight Board.
Amendment 2053 #
2020/0361(COD)
Proposal for a regulation
Article 48 – paragraph 2
Article 48 – paragraph 2
Amendment 2055 #
2020/0361(COD)
Proposal for a regulation
Article 48 – paragraph 2 – subparagraph 2
Article 48 – paragraph 2 – subparagraph 2
Amendment 2058 #
2020/0361(COD)
Proposal for a regulation
Article 48 – paragraph 3
Article 48 – paragraph 3
Amendment 2062 #
2020/0361(COD)
Proposal for a regulation
Article 48 – paragraph 4
Article 48 – paragraph 4
Amendment 2064 #
2020/0361(COD)
Proposal for a regulation
Article 48 – paragraph 5
Article 48 – paragraph 5
5. The BoardAgency may invite experts and observers to attend its meetings, and may cooperate with other Union bodies, offices, agencies and advisory groups, as well as external experts as appropriate. The Board Agency shall make the results of this cooperation publicly available.
Amendment 2071 #
2020/0361(COD)
Proposal for a regulation
Article 48 – paragraph 6
Article 48 – paragraph 6
6. The BoardAgency shall adopt its rules of procedure, following the consent of the Commission.
Amendment 2073 #
2020/0361(COD)
Proposal for a regulation
Article 48 a (new)
Article 48 a (new)
Amendment 2074 #
2020/0361(COD)
Proposal for a regulation
Article 48 b (new)
Article 48 b (new)
Amendment 2075 #
2020/0361(COD)
Proposal for a regulation
Article 48 c (new)
Article 48 c (new)
Amendment 2076 #
2020/0361(COD)
Proposal for a regulation
Article 48 d (new)
Article 48 d (new)
Article 48d Staff of the Agency 1. The Staff Regulations of Officials of the European Union, the Conditions of Employment of Other Servants and the rules adopted jointly by the institutions of the Union for the purposes of the application of those Staff Regulations and Conditions of Employment shall apply to the staff employed by the Agency. 2. The staff of the Agency shall consist of servants recruited by the Agency as necessary to perform its tasks. They shall have security clearances appropriate to the classification of the information they are handling. 3. The Agency’s internal rules, such as the rules of procedure of the Oversight Board, the financial rules applicable to the Agency, the rules for the application of the staff regulations and the rules for access to documents, shall ensure the autonomy and independence of staff.
Amendment 2077 #
2020/0361(COD)
Proposal for a regulation
Article 48 e (new)
Article 48 e (new)
Article 48e Headquarters agreement and operating conditions 1. The Agency shall be headquartered in Brussels, Belgium. 2. The necessary arrangements concerning the accommodation to be provided for the Agency in the host Member State, together with the specific rules applicable in the host Member State to the members of the Oversight Board, staff and members of their families, shall be laid down in a Headquarters agreement between the Agency and the Member State where the seat is located, to be concluded after obtaining the approval of the Management Board and no later than one year after this regulation enters into force. 3. The Agency’s host Member State shall provide the best possible conditions to ensure the smooth and efficient functioning of the Agency, including multilingual, European-oriented schooling and appropriate transport connections.
Amendment 2078 #
2020/0361(COD)
Proposal for a regulation
Article 48 f (new)
Article 48 f (new)
Article 48f Commencement of the Agency’s activities 1. The Agency shall become operational with the capacity to implement its own budget by the date on which this regulation enters into application. 2. The Commission shall be responsible for the establishment and initial operation of the Agency until the Agency becomes operational. For that purpose, until the Oversight Board takes up its duties following its appointment, the Commission may designate five Commission officials to act as an interim Oversight Board.
Amendment 2079 #
Amendment 2080 #
2020/0361(COD)
Proposal for a regulation
Article 49 – paragraph 1 – introductory part
Article 49 – paragraph 1 – introductory part
1. Where necessary to meet the objectives set out in Article 47(2), the BoardAgency shall in particular:
Amendment 2083 #
2020/0361(COD)
Proposal for a regulation
Article 49 – paragraph 1 – point c a (new)
Article 49 – paragraph 1 – point c a (new)
(ca) convene regular joint meetings of all Digital Service Coordinators for them to exchange on and coordinate their supervisory activities;
Amendment 2084 #
2020/0361(COD)
Proposal for a regulation
Article 49 – paragraph 1 – point d
Article 49 – paragraph 1 – point d
Amendment 2094 #
2020/0361(COD)
Proposal for a regulation
Article 50 – title
Article 50 – title
Amendment 2095 #
2020/0361(COD)
Proposal for a regulation
Article 50 – paragraph 1 – subparagraph 1
Article 50 – paragraph 1 – subparagraph 1
Amendment 2098 #
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 BoardAgency acting on its own initiative, or upon request of at least three Digital Services Coordinators of destination, may, 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 perio of Section 4 of Chapter III, investigate the suspected infringement and communicate this decision to the very large online platform concerned.
Amendment 2102 #
2020/0361(COD)
Proposal for a regulation
Article 50 – paragraph 2
Article 50 – paragraph 2
2. When communicating the decision referred to in the first subparagraph of paragraph 1 to the very large online platform concerned, the Digital Services Coordinator of establishment shall request it to draw up and communicate to the Digital Services Coordinator of establishment, the Commission and the BoardAgency shall request the very large online platform to draw up and communicate to the Agency, within one month from that decision, an action plan, specifying how that platform intends to terminate or remedy the infringement. The measures set out in the action plan may include, where appropriate, participation in a code of conduct as provided for in Article 35.
Amendment 2105 #
2020/0361(COD)
Proposal for a regulation
Article 50 – paragraph 3 – subparagraph 1
Article 50 – paragraph 3 – subparagraph 1
Within one month following receipt of the action plan, the Board shall communicate its opinion on the action plan to the Digital Services Coordinator of establishment. Within one month following receipt of that opinion, that Digital Services CoordinatorAgency shall decide whether the action plan is appropriate to terminate or remedy the infringement.
Amendment 2107 #
2020/0361(COD)
Proposal for a regulation
Article 50 – paragraph 3 – subparagraph 2
Article 50 – paragraph 3 – subparagraph 2
Where the Digital Services Coordinator of establishmentAgency has concerns on the ability of the measures to terminate or remedy the infringement, it may request the very large online platform concerned to subject itself to an additional, independent audit to assess the effectiveness of those measures in terminating or remedying the infringement. In that case, that platform shall send the audit report to that Digital Services Coordinator, the Commission and the Boarde Agency within four months from the decision referred to in the first subparagraph. When requesting such an additional audit, the Digital Services CoordinatorAgency may specify a particular audit organisation that is to carry out the audit, at the expense of the platform concerned, selected on the basis of criteria set out in Article 28(2).
Amendment 2109 #
2020/0361(COD)
Proposal for a regulation
Article 50 – paragraph 4 – subparagraph 1 – introductory part
Article 50 – paragraph 4 – subparagraph 1 – introductory part
4. The Digital Services Coordinator of establishment shall communicate to the Commission, the Board andAgency shall communicate to the very large online platform concerned its views as to whether the very large online platform has terminated or remedied the infringement and the reasons thereof. It shall do so within the following time periods, as applicable:
Amendment 2112 #
2020/0361(COD)
Proposal for a regulation
Article 50 – paragraph 4 – subparagraph 2
Article 50 – paragraph 4 – subparagraph 2
Amendment 2115 #
2020/0361(COD)
Proposal for a regulation
Article 51 – title
Article 51 – title
Amendment 2117 #
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,Agency may 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 2124 #
2020/0361(COD)
Proposal for a regulation
Article 51 – paragraph 1 – point b
Article 51 – paragraph 1 – point b
(b) is suspected of having infringed any of the provisions of this Regulation and the Digital Services Coordinator of establishment requested the CommissionAgency to intervene in accordance with Article 46(2), upon the reception of that request;
Amendment 2126 #
2020/0361(COD)
Proposal for a regulation
Article 51 – paragraph 1 – point c a (new)
Article 51 – paragraph 1 – point c a (new)
(ca) has been found to not implement the operational recommendations from the independent audit as laid out in Article 28(4).
Amendment 2132 #
2020/0361(COD)
Proposal for a regulation
Article 51 – paragraph 2 – subparagraph 1
Article 51 – paragraph 2 – subparagraph 1
Where the CommissionAgency decides to initiate proceedings pursuant to paragraph 1, it shall notify all Digital Services Coordinators, the Board and the very large online platform concerned.
Amendment 2134 #
2020/0361(COD)
Proposal for a regulation
Article 51 – paragraph 2 – subparagraph 2
Article 51 – paragraph 2 – subparagraph 2
As regards points (a) and (b) of paragraph 1, pursuant to that notification, the Digital Services Coordinator of establishment concerned shall no longer be entitled to take any investigatory or enforcement measures in respect of the relevant conduct by the very large online platform concerned, without prejudice to Article 66 or any otherany measures that it may take at the request of the CommissionAgency.
Amendment 2135 #
2020/0361(COD)
Proposal for a regulation
Article 51 – paragraph 3 – introductory part
Article 51 – paragraph 3 – introductory part
3. The Digital Services Coordinator referred to in Articles 45(7), 46(2) and 50(1), as applicable, shall, without undue delay upon being informed, transmit to the CommissionAgency:
Amendment 2137 #
2020/0361(COD)
Proposal for a regulation
Article 51 – paragraph 3 – point a
Article 51 – paragraph 3 – point a
(a) any information that that Digital Services Coordinator exchanged relating to the infringement or the suspected infringement, as applicable, with the Board and with the very large online platform concerned;
Amendment 2138 #
2020/0361(COD)
Proposal for a regulation
Article 51 – paragraph 3 – point c
Article 51 – paragraph 3 – point c
(c) any other information in the possession of that Digital Services Coordinator that may be relevant to the proceedings initiated by the CommissionAgency.
Amendment 2139 #
2020/0361(COD)
Proposal for a regulation
Article 51 – paragraph 4
Article 51 – paragraph 4
4. The Board, and the Digital Services Coordinators making the request referred to in Article 45(1), shall, without undue delay upon being informed, transmit to the Commission any information in their possession that may be relevant to the proceedings initiated by the CommissionAgency.
Amendment 2144 #
2020/0361(COD)
Proposal for a regulation
Article 52 – paragraph 1
Article 52 – paragraph 1
1. In order to carry out the tasks assigned to it under this Section, the CommissionAgency may by simple request or by decision require the very large online platforms concerned, as well as any other persons acting for purposes related to their trade, business, craft or profession that may be reasonably be aware of information relating to the suspected infringement or the infringement, as applicable, including organisations performing the audits referred to in Articles 28 and 50(3), to provide such information within a reasonable time period.
Amendment 2146 #
2020/0361(COD)
Proposal for a regulation
Article 52 – paragraph 2
Article 52 – paragraph 2
2. When sending a simple request for information to the very large online platform concerned or other person referred to in Article 52(1), the CommissionAgency shall state the legal basis and the purpose of the request, specify what information is required and set the time period within which the information is to be provided, and the penalties provided for in Article 59 for supplying incorrect or misleading information.
Amendment 2149 #
2020/0361(COD)
Proposal for a regulation
Article 52 – paragraph 3
Article 52 – paragraph 3
3. Where the CommissionAgency requires the very large online platform concerned or other person referred to in Article 52(1) to supply information by decision, it shall state the legal basis and the purpose of the request, specify what information is required and set the time period within which it is to be provided. It shall also indicate the penalties provided for in Article 59 and indicate or impose the periodic penalty payments provided for in Article 60. It shall further indicate the right to have the decision reviewed by the Court of Justice of the European Union.
Amendment 2152 #
2020/0361(COD)
Proposal for a regulation
Article 52 – paragraph 5
Article 52 – paragraph 5
5. At the request of the CommissionAgency, the Digital Services Coordinators and other competent authorities shall provide the CommissionAgency with all necessary information to carry out the tasks assigned to it under this Section.
Amendment 2154 #
2020/0361(COD)
Proposal for a regulation
Article 53 – paragraph 1
Article 53 – paragraph 1
In order to carry out the tasks assigned to it under this Section, the CommissionAgency may 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, in relation to the suspected infringement or infringement, as applicable.
Amendment 2157 #
2020/0361(COD)
Proposal for a regulation
Article 54 – paragraph 1
Article 54 – paragraph 1
1. In order to carry out the tasks assigned to it under this Section, the CommissionAgency may conduct on-site inspections at the premises of the very large online platform concerned or other person referred to in Article 52(1).
Amendment 2159 #
2020/0361(COD)
Proposal for a regulation
Article 54 – paragraph 2
Article 54 – paragraph 2
2. On-site inspections may also be carried out with the assistance of auditors or experts appointed by the CommissionAgency pursuant to Article 57(2).
Amendment 2161 #
2020/0361(COD)
Proposal for a regulation
Article 54 – paragraph 3
Article 54 – paragraph 3
3. During on-site inspections the CommissionAgency and auditors or experts appointed by it may require the very large online platform concerned or other person referred to in Article 52(1) to provide explanations on its organisation, functioning, IT system, algorithms, data- handling and business conducts. The CommissionAgency and auditors or experts appointed by it may address questions to key personnel of the very large online platform concerned or other person referred to in Article 52(1).
Amendment 2163 #
2020/0361(COD)
Proposal for a regulation
Article 54 – paragraph 4
Article 54 – paragraph 4
4. The very large online platform concerned or other person referred to in Article 52(1) is required to submit to an on-site inspection ordered by decision of the CommissionAgency. The decision shall specify the subject matter and purpose of the visit, set the date on which it is to begin and indicate the penalties provided for in Articles 59 and 60 and the right to have the decision reviewed by the Court of Justice of the European Union.
Amendment 2168 #
2020/0361(COD)
Proposal for a regulation
Article 55 – paragraph 1
Article 55 – paragraph 1
1. In the context of proceedings which may lead to the adoption of a decision of non-compliance pursuant to Article 58(1), where there is an urgency due to the risk of serious damage for the recipients of the service, the CommissionAgency may, by decision, order interim measures against the very large online platform concerned on the basis of a prima facie finding of an infringement.
Amendment 2173 #
2020/0361(COD)
Proposal for a regulation
Article 56 – paragraph 1
Article 56 – paragraph 1
1. If, during proceedings under this Section, the very large online platform concerned offers commitments to ensure compliance with the relevant provisions of this Regulation, the CommissionAgency may by decision make those commitments binding on the very large online platform concerned and declare that there are no further grounds for action.
Amendment 2175 #
2020/0361(COD)
Proposal for a regulation
Article 56 – paragraph 2 – introductory part
Article 56 – paragraph 2 – introductory part
2. The CommissionAgency may, upon request or on its own initiative, reopen the proceedings:
Amendment 2178 #
2020/0361(COD)
Proposal for a regulation
Article 56 – paragraph 3
Article 56 – paragraph 3
3. Where the CommissionAgency considers that the commitments offered by the very large online platform concerned are unable to ensure effective compliance with the relevant provisions of this Regulation, it shall reject those commitments in a reasoned decision when concluding the proceedings.
Amendment 2183 #
2020/0361(COD)
Proposal for a regulation
Article 57 – paragraph 1
Article 57 – paragraph 1
1. For the purposes of carrying out the tasks assigned to it under this Section, the CommissionAgency may take the necessary actions to monitor the effective implementation and compliance with this Regulation by the very large online platform concerned. The CommissionAgency may also order that platform to provide access to, and explanations relating to, its databases and algorithms.
Amendment 2185 #
2020/0361(COD)
Proposal for a regulation
Article 57 – paragraph 2
Article 57 – paragraph 2
2. The actions pursuant to paragraph 1 may include the appointment of independent external experts and auditors to assist the CommissionAgency in monitoring compliance with the relevant provisions of this Regulation and to provide specific expertise or knowledge to the CommissionAgency .
Amendment 2186 #
2020/0361(COD)
Proposal for a regulation
Article 57 a (new)
Article 57 a (new)
Article 57a Right to lodge a complaint with the Agency Article 43 shall also be applicable to complaints with the Agency in regard to its oversight and enforcement over the provisions of Section 4 of Chapter III.
Amendment 2189 #
2020/0361(COD)
Proposal for a regulation
Article 58 – paragraph 1 – introductory part
Article 58 – paragraph 1 – introductory part
1. The CommissionAgency shall adopt a non- compliance decision where it finds that the very large online platform concerned does not comply with one or more of the following:
Amendment 2193 #
2020/0361(COD)
Proposal for a regulation
Article 58 – paragraph 2
Article 58 – paragraph 2
2. Before adopting the decision pursuant to paragraph 1, the CommissionAgency shall communicate its preliminary findings to the very large online platform concerned. In the preliminary findings, the CommissionAgency shall explain the measures that it considers taking, or that it considers that the very large online platform concerned should take, in order to effectively address the preliminary findings.
Amendment 2196 #
2020/0361(COD)
Proposal for a regulation
Article 58 – paragraph 3
Article 58 – paragraph 3
3. In the decision adopted pursuant to paragraph 1 the CommissionAgency shall order the very large online platform concerned to take the necessary measures to ensure compliance with the decision pursuant to paragraph 1 within a reasonable time period and to provide information on the measures that that platform intends to take to comply with the decision.
Amendment 2200 #
2020/0361(COD)
Proposal for a regulation
Article 58 – paragraph 4
Article 58 – paragraph 4
4. The very large online platform concerned shall provide the CommissionAgency with a description of the measures it has taken to ensure compliance with the decision pursuant to paragraph 1 upon their implementation.
Amendment 2205 #
2020/0361(COD)
Proposal for a regulation
Article 58 – paragraph 5
Article 58 – paragraph 5
5. Where the CommissionAgency finds that the conditions of paragraph 1 are not met, it shall close the investigation by a decision.
Amendment 2208 #
2020/0361(COD)
Proposal for a regulation
Article 59 – paragraph 1 – introductory part
Article 59 – paragraph 1 – introductory part
1. In the decision pursuant to Article 58, the CommissionAgency may impose on the very large online platform concerned fines not exceeding 610% of its total worldwide turnover in the preceding financial year where it finds that that platform, intentionally or negligently:
Amendment 2214 #
2020/0361(COD)
Proposal for a regulation
Article 59 – paragraph 2 – introductory part
Article 59 – paragraph 2 – introductory part
2. The CommissionAgency may by decision impose on the very large online platform concerned or other person referred to in Article 52(1) fines not exceeding 12% of the total worldwide turnover in the preceding financial year, where they intentionally or negligently:
Amendment 2217 #
2020/0361(COD)
Proposal for a regulation
Article 59 – paragraph 2 – point b
Article 59 – paragraph 2 – point b
(b) fail to rectify within the time period set by the CommissionAgency, incorrect, incomplete or misleading information given by a member of staff, or fail or refuse to provide complete information;
Amendment 2221 #
2020/0361(COD)
Proposal for a regulation
Article 59 – paragraph 3
Article 59 – paragraph 3
3. Before adopting the decision pursuant to paragraph 2, the CommissionAgency shall communicate its preliminary findings to the very large online platform concerned or other person referred to in Article 52(1).
Amendment 2225 #
2020/0361(COD)
Proposal for a regulation
Article 59 – paragraph 4
Article 59 – paragraph 4
4. In fixing the amount of the fine, the CommissionAgency shall have regard to the nature, gravity, duration and recurrence of the infringement and, for fines imposed pursuant to paragraph 2, the delay caused to the proceedings.
Amendment 2226 #
2020/0361(COD)
Proposal for a regulation
Article 60 – paragraph 1 – introductory part
Article 60 – paragraph 1 – introductory part
1. The CommissionAgency may, by decision, impose on the very large online platform concerned or other person referred to in Article 52(1), as applicable, periodic penalty payments not exceeding 510 % of the average daily worldwide turnover in the preceding financial year per day, calculated from the date appointed by the decision, in order to compel them to:
Amendment 2230 #
2020/0361(COD)
Proposal for a regulation
Article 60 – paragraph 2
Article 60 – paragraph 2
2. Where the very large online platform concerned or other person referred to in Article 52(1) has satisfied the obligation which the periodic penalty payment was intended to enforce, the CommissionAgency may fix the definitive amount of the periodic penalty payment at a figure lower than that which would arise under the original decision.
Amendment 2231 #
2020/0361(COD)
Proposal for a regulation
Article 61 – paragraph 1
Article 61 – paragraph 1
1. The powers conferred on the CommissionAgency by Articles 59 and 60 shall be subject to a limitation period of five years.
Amendment 2232 #
2020/0361(COD)
Proposal for a regulation
Article 61 – paragraph 3 – introductory part
Article 61 – paragraph 3 – introductory part
3. Any action taken by the CommissionAgency or by the Digital Services Coordinator for the purpose of the investigation or proceedings in respect of an infringement shall interrupt the limitation period for the imposition of fines or periodic penalty payments. Actions which interrupt the limitation period shall include, in particular, the following:
Amendment 2234 #
2020/0361(COD)
Proposal for a regulation
Article 61 – paragraph 3 – point a
Article 61 – paragraph 3 – point a
(a) requests for information by the CommissionAgency or by a Digital Services Coordinator;
Amendment 2236 #
2020/0361(COD)
Proposal for a regulation
Article 61 – paragraph 3 – point c
Article 61 – paragraph 3 – point c
(c) the opening of a proceeding by the CommissionAgency pursuant to Article 51(2).
Amendment 2238 #
2020/0361(COD)
Proposal for a regulation
Article 61 – paragraph 4
Article 61 – paragraph 4
4. Each interruption shall start time running afresh. However, the limitation period for the imposition of fines or periodic penalty payments shall expire at the latest on the day on which a period equal to twice the limitation period has elapsed without the CommissionAgency having imposed a fine or a periodic penalty payment. That period shall be extended by the time during which the limitation period is suspended pursuant to paragraph 5.
Amendment 2239 #
2020/0361(COD)
Proposal for a regulation
Article 61 – paragraph 5
Article 61 – paragraph 5
5. The limitation period for the imposition of fines or periodic penalty payments shall be suspended for as long as the decision of the CommissionAgency is the subject of proceedings pending before the Court of Justice of the European Union.
Amendment 2244 #
2020/0361(COD)
Proposal for a regulation
Article 62 – paragraph 1
Article 62 – paragraph 1
1. The power of the CommissionAgency to enforce decisions taken pursuant to Articles 59 and 60 shall be subject to a limitation period of five years.
Amendment 2245 #
2020/0361(COD)
Proposal for a regulation
Article 62 – paragraph 3 – point b
Article 62 – paragraph 3 – point b
(b) by any action of the CommissionAgency, or of a Member State acting at the request of the CommissionAgency, designed to enforce payment of the fine or periodic penalty payment.
Amendment 2247 #
2020/0361(COD)
Proposal for a regulation
Article 63 – paragraph 1 – introductory part
Article 63 – paragraph 1 – introductory part
1. Before adopting a decision pursuant to Articles 58(1), 59 or 60, the CommissionAgency shall give the very large online platform concerned or other person referred to in Article 52(1) the opportunity of being heard on:
Amendment 2248 #
2020/0361(COD)
Proposal for a regulation
Article 63 – paragraph 1 – point a
Article 63 – paragraph 1 – point a
(a) preliminary findings of the CommissionAgency , including any matter to which the CommissionAgency has taken objections; and
Amendment 2250 #
2020/0361(COD)
Proposal for a regulation
Article 63 – paragraph 1 – point b
Article 63 – paragraph 1 – point b
(b) measures that the CommissionAgency may intend to take in view of the preliminary findings referred to point (a).
Amendment 2252 #
2020/0361(COD)
Proposal for a regulation
Article 63 – paragraph 2
Article 63 – paragraph 2
2. The very large online platform concerned or other person referred to in Article 52(1) may submit their observations on the CommissionAgency’s preliminary findings within a reasonable time period set by the CommissionAgency in its preliminary findings, which may not be less than 14 days.
Amendment 2254 #
2020/0361(COD)
Proposal for a regulation
Article 63 – paragraph 3
Article 63 – paragraph 3
3. The CommissionAgency shall base its decisions only on objections on which the parties concerned have been able to comment.
Amendment 2257 #
2020/0361(COD)
Proposal for a regulation
Article 63 – paragraph 4
Article 63 – paragraph 4
4. The rights of defence of the parties concerned shall be fully respected in the proceedings. They shall be entitled to have access to the CommissionAgency's file under the terms of a negotiated disclosure, subject to the legitimate interest of the very large online platform concerned or other person referred to in Article 52(1) in the protection of their business secrets. The right of access to the file shall not extend to confidential information and internal documents of the CommissionAgency or Member States’ authorities. In particular, the right of access shall not extend to correspondence between the CommissionAgency and those authorities. Nothing in this paragraph shall prevent the CommissionAgency from disclosing and using information necessary to prove an infringement.
Amendment 2258 #
2020/0361(COD)
Proposal for a regulation
Article 63 – paragraph 6
Article 63 – paragraph 6
6. Without prejudice to the exchange and to the use of information referred to in Articles 51(3) and 52(5), the Commission, the BoardAgency, Member States’ authorities and their respective officials, servants and other persons working under their supervision,; and any other natural or legal person involved, including auditors and experts appointed pursuant to Article 57(2) shall not disclose information acquired or exchanged by them pursuant to this Section and of the kind covered by the obligation of professional secrecy.
Amendment 2259 #
2020/0361(COD)
Proposal for a regulation
Article 64 – paragraph 1
Article 64 – paragraph 1
1. The CommissionAgency shall publish the decisions it adopts pursuant to Articles 55(1), 56(1), 58, 59 and 60. Such publication shall state the names of the parties and the main content of the decision, including any penalties imposed.
Amendment 2261 #
2020/0361(COD)
Proposal for a regulation
Article 65 – paragraph 1 – subparagraph 1
Article 65 – paragraph 1 – subparagraph 1
Where all powers pursuant to this Article to bring about the cessation of an infringement of this Regulation have been exhausted, the infringement persists and causes serious harm which cannot be avoided through the exercise of other powers available under Union or national law, the Commission may request the Digital Services Coordinator of establishment of the very large online platform concerned toAgency may act pursuant to Article 41(3).
Amendment 2264 #
2020/0361(COD)
Proposal for a regulation
Article 65 – paragraph 1 – subparagraph 2
Article 65 – paragraph 1 – subparagraph 2
Prior to making such request to the Digital Services Coordinator, the Commissionsubmitting the request according to Article 41(3) (b), the Agency shall invite interested parties to submit written observations within a time period that shall not be less than two weeks, describing the measures it intends to request and identifying the intended addressee or addressees thereof.
Amendment 2267 #
2020/0361(COD)
Proposal for a regulation
Article 65 – paragraph 2 – subparagraph 1
Article 65 – paragraph 2 – subparagraph 1
Where the coherent application of this Regulation so requires, the Commission, acting on its own initiative,Agency may submit written observations to the competent judicial authority referred to Article 41(3). With the permission of the judicial authority in question, it may also make oral observations.
Amendment 2269 #
2020/0361(COD)
Proposal for a regulation
Article 66 – paragraph 1
Article 66 – paragraph 1
Amendment 2270 #
2020/0361(COD)
Proposal for a regulation
Article 66 – paragraph 1 – point a
Article 66 – paragraph 1 – point a
Amendment 2271 #
2020/0361(COD)
Proposal for a regulation
Article 66 – paragraph 1 – point b
Article 66 – paragraph 1 – point b
Amendment 2272 #
2020/0361(COD)
Proposal for a regulation
Article 66 – paragraph 1 – point c
Article 66 – paragraph 1 – point c
Amendment 2273 #
2020/0361(COD)
Proposal for a regulation
Article 66 – paragraph 2
Article 66 – paragraph 2
Amendment 2275 #
2020/0361(COD)
Proposal for a regulation
Article 67 – paragraph 1
Article 67 – paragraph 1
1. The CommissionAgency shall establish and maintain a reliable and secure information sharing system supporting communications between Digital Services Coordinators, the Commission and the BoardAgency.
Amendment 2276 #
2020/0361(COD)
Proposal for a regulation
Article 67 – paragraph 2
Article 67 – paragraph 2
2. The Digital Services Coordinators, the Commission and the BoardAgency shall use the information sharing system for all communications pursuant to this Regulation.
Amendment 2277 #
2020/0361(COD)
Proposal for a regulation
Article 67 – paragraph 3
Article 67 – paragraph 3
Amendment 2278 #
2020/0361(COD)
Proposal for a regulation
Article 68 – paragraph 1 – introductory part
Article 68 – paragraph 1 – introductory part
Without prejudice to Directive 2020/XX/EU of the European Parliament and of the Council52 , recipients of intermediary services shall have the right to mandate a public body or their representatives, or a body, organisation or association to exercise the rights referred to in Articles 8, 12, 13, 14, 15, 17, 18, 19 and 1943 as well as all secondary claims on their behalf, provided the body, organisation or association meets all of the following conditions: __________________ 52 [Reference]
Amendment 2289 #
2020/0361(COD)
Proposal for a regulation
Article 72 a (new)
Article 72 a (new)
Amendment 110 #
2020/0359(COD)
Proposal for a directive
Recital 54
Recital 54
(54) In order to safeguard the security of electronic communications networks and services, the use of encryption, and in particular end-to-end encryption, should be promoted and, where necessary, should be mandatory for providers of such services and networks in accordance with the principles of security and privacy by default and by design for the purposes of Article 18. The use of end-to-end encryption should be reconciled with theis without prejudice to Member State’ powers to ensure the protection of their essential security interests and public security, and to permit the investigation, detection and prosecution of criminal offences in compliance with Union law. Solutions for lawful access to information infrom end-to-end encrypted communications should maintain the effectiveness of encryption in protecting privacy and security of communications, while providing an effective response to crime. Any actions taken have to stricly adhere to the principles of necessity, proportionality and subsidiarity and shall not lead to creating backdoors or weakening encryption, ensuring that the security of encrypted data, including in end-to-end encrypted communications is not compromised.
Amendment 262 #
2020/0359(COD)
Proposal for a directive
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Member States shall ensure that the databases of domain name registration data referred to in paragraph 1 contain relevant the information necessary to identify and contact the holders of the domain names and the points of contact administering the domain names under the TLDs.
Amendment 265 #
2020/0359(COD)
Proposal for a directive
Article 23 – paragraph 3
Article 23 – paragraph 3
3. Member States shall ensure that the TLD registries and the entities providing domain name registration services for the TLD have policies and procedures in place to ensure that the databases include accurate and complete information. Member States shall ensure that such policies and procedures are made publicly availableinformation.
Amendment 36 #
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 to achieve climate neutrality in the Union by 205040 or before 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 40 #
2020/0100(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The Commission adopted a Communication on the European Green Deal Investment Plan10 on 14 January 2020, establishing the Just Transition Mechanism which focuses on the regions, people and sectors that are currently most affected by the transition given their dependence on fossil fuels, including coal, peat and oil shale or greenhouse gas- intensive industrial processes but have less capacity to finance the necessary investments. The Just Transition Mechanism consists of three pillars: a Just Transition Fund implemented under shared management, a dedicated just transition scheme under InvestEU, and a public sector loan facility to mobilise additional investments to the regions concerned. _________________ 10 COM(2020) 21 final.
Amendment 43 #
2020/0100(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The proposal for establishing the Just Transition Fund was adopted by the Commission on 14 January 202011 . For the better programming and implementation of the Fund, territorial just transition plans are to be adopted, setting out the key steps and timeline of the transition process and identifying the territories most negatively affected by the transition towards a climate neutral economy and with less capacity to deal with the transition challenges. The partnership principle applies for the preparation, implementation, monitoring and evaluation of the territorial just transition plans as referred to in Article [7] of Regulation [JTF Regulation]. _________________ 11 COM(2020) 22 final
Amendment 45 #
2020/0100(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) A public sector loan facility (the ‘Facility’) should be provided. It constitutes the third pillar of the Just Transition Mechanism, supporting public sector entities in their investments. Such investments should meet the development needs resulting from the transition challenges described in the territorial just transition plans as adopted by the Commission. The activities envisaged for support should be consistent with and complement those supported under the other two pillars of the Just Transition MechanismRegulation ((EU) 2020/852 on the establishment of a framework to facilitate sustainable investment [Taxonomy Regulation] and complement and ensure synergies with those supported under the other two pillars of the Just Transition Mechanism. Investments that are inconsistent with the achievement of the Union’s climate and environmental objectives should not be eligible for support under this Facility.
Amendment 55 #
2020/0100(COD)
(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 a climate neutral economy, as described in the territorial just transition plans. The investments supported may cover energy and transport infrastructure, district heating networks, green mobilitythe Union’s new 2030 targets for climate and energy and a climate neutral economy in the Union by 2040 or before, as described in the territorial just transition plans. The investments supported may cover clean technology and infrastructure for renewable energy and the decarbonisation of the transport sector, district heating networks, green and sustainable mobility, investments in research, innovation and digitalisation, smart waste management, clean renewable 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 ecological 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. and that can make a substantial contribution to the Union’s climate and energy targets as well as to the maintaining of biodiversity, while respecting the principle of do no harm, the EU taxonomy on environmentally sustainable economic activities should be used. Investments should be screened to determine whether they have an environmental, climate or social impact and if necessary they should be subject to sustainability proofing in accordance with the guidance to be developed by the Commission under the InvestEU Programme.
Amendment 68 #
2020/0100(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5 a) The objectives of the Facility should be pursued in the framework of sustainable development and the Union's promotion of the aim of preserving, protecting and improving the quality of the environment as set out in Article 11 and Article 191(1) of the TFEU, taking into account the polluter pays principle and the commitments agreed under the Paris Agreement.
Amendment 94 #
2020/0100(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) In order to ensure that all Member States are granted the possibility to benefit from the grant component, a mechanism should be set up to establish earmarked national shares to be respected during a first stage, based on the distribution key proposed in the Just Transition Fund Regulation. The needs of less developed regions as referred to in Article [102(2)] of Regulation .../... [new CPR] should be taken into account. However, in order to reconcile that objective with the need to optimise the economic impact of the Facility and its implementation, such national allocations should not be earmarked after 31 December 2024. Thereafter, the remaining resources available for the grant component should be provided without any pre-allocated national share and on a competitive basis at Union level, while ensuring predictability for investment and following a needs-based and regional convergence approach and promoting economic, social and territorial cohesion.
Amendment 102 #
2020/0100(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Specific eligibility conditions and award criteria should be set out in the work programme and the call for proposals. Those eligibility conditions and award criteria should take into account the relevance of the project in the context of the development needs described in the territorial just transition plant criteria established by EU Taxonomy for 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 adoption by the public sector entity requesting support of a phase-out plan for all fossil fuels in a timeframe compatible with the Paris Agreement goals, the overall objective of promoting regioneconomic, social and territorial convergencehesion 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 134 #
2020/0100(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
The Facility shall provide support benefitting Union territories facing serious social, environmental and economic challenges deriving from the transition process towards the Union’s new 2030 targets for climate and energy and a climate-neutral economy ofin the Union by 205040 or before.
Amendment 148 #
2020/0100(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
5. 'territorial just transition plan' means a plan established together with relevant local and regional authorities and stakeholders of the territory concerned in accordance with Article 7 of Regulation [JTF Regulation] and approved by the Commission;
Amendment 149 #
2020/0100(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 a (new)
Article 2 – paragraph 1 – point 5 a (new)
5 a. The 'do no harm' principle means refraining from inflicting 'significant harm to environmental objectives' as defined in Article 17 of the Regulation (EU) 2020/852 [Taxonomy Regulation];
Amendment 154 #
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 and environmental 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 new 2030 targets for climate and energy and the transition towards a climate-neutral economy in the Union by 2040 or before, in line with the UN Sustainable Development Goals, the Paris Agreement and the European Pillar of Social Rights.
Amendment 181 #
2020/0100(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. An amount up to 2% of the resources referred to in paragraph 1 may be used for technical and administrative assistance for the implementation of the Facility such as preparatory, monitoring, control, audit, information, communication, publicity and evaluation activities including corporate information and technology systems, as well as administrative expenditure and fees of the finance partners.
Amendment 192 #
2020/0100(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. For grants awarded pursuant to calls for proposals launched as from 1 January 2025, Union support awarded to eligible projects shall be provided without any pre-allocated national share and on a competitive basis at Union level until exhaustion of remaining resources. The award of such grants shall place special attention on less developed regions as referred to in Article [102(2)] of Regulation .../... [newCPR] and take into account the need to ensure predictability of investment and the promotion of regional econvergenceomic, social and territorial cohesion .
Amendment 198 #
2020/0100(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. The Commission shall adopt a decision by means of an implementing act setting out the respective shares for each Member State resulting from the application of the methodology set out in Annex I of Regulation [JTF Regulation] and the application of a redistributive factor taking into account the need of less developed regions as referred to in Article [102(2)] of Regulation .../... [new CPR] in the form of percentages of the total available resources.
Amendment 205 #
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 new 2030 targets for climate and energy and a climate-neutral economy in the Union by 2040 or before 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 213 #
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) the projects are consistent with the criteria established by the Regulation (EU) 2020/852 on the establishment of a framework to facilitate sustainable investment [Taxonomy Regulation];
Amendment 214 #
2020/0100(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point a b (new)
Article 8 – paragraph 1 – point a b (new)
Amendment 227 #
2020/0100(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point d a (new)
Article 8 – paragraph 1 – point d a (new)
(d a) the projects have been subject to a gender impact assessment;
Amendment 229 #
2020/0100(COD)
Proposal for a regulation
Article 8 – paragraph 1 b (new)
Article 8 – paragraph 1 b (new)
The Commission shall, by means of implementing acts, establish the guidelines on how to conduct the impact assessment referred to in point (da) of paragraph 1 and to specify the content and format of the information and data to be provided. These guidelines shall be developed in cooperation with the implementing partners and after consulting the relevant experts and stakeholders, in particular national women's organisations from Member States.
Amendment 230 #
2020/0100(COD)
Proposal for a regulation
Article 8 a (new)
Article 8 a (new)
Amendment 250 #
2020/0100(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
The Facility shall be implemented by work programmes established in accordance with Article 110 of the Financial Regulation. The work programmes shall set out the national shares of resources, including any additional resources, for each Member State in accordance with Articles 4(1) and 6(2) of this RegulationCommission shall adopt delegated acts in accordance with Article 17 in order to establish work programmes in accordance with Article 110 of the Financial Regulation. The work programmes shall specify the criteria and conditions for the selection and for the prioritisation of projects, taking into account the relevant criteria laid down by Regulation (EU) 2020/852 on the establishment of a framework to facilitate sustainable investment [Taxonomy Regulation], the project’s ability to meet the objectives and needs identified in the territorial just transition plans, the contribution to the climate transition, the adoption by the public sector entities requesting financing of a credible decarbonisation plan, including dates for the phase-out of fossil fuels in a timeframe compatible with the Paris Agreement targets, as well as the overall objective of promoting economic, social and territorial cohesion and the grant’s contribution to the viability of projects.
Amendment 253 #
2020/0100(COD)
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Article 13 a Selection of finance partners other than the EIB The Commission shall adopt delegated acts in accordance with Article 17 of this Regulation in order to set out the details of eligibility conditions and selection procedures for finance partners other than EIB. The eligibility conditions for the finance partners other than the EIB shall reflect the objectives of the Facility. In particular, when selecting the finance partners, the Commission shall take into account their capacity: (a) to ensure that their energy lending policy and standards are at least as stringent as the ones applied by the EIB; (b) to maximise the impact of the EU guarantee through own resources; (c) to ensure appropriate geographical diversification of the Facility and allow for the financing of smaller projects; (d) to implement thoroughly the requirements set out in Articles 155(2) and 155(3) of the Financial Regulation concerning tax avoidance, tax fraud, tax evasion, money laundering, terrorism financing and non-cooperative jurisdictions; (e) to ensure transparency and public access to information concerning each project; (f) to ensure the consistency of their lending policy with the new Union’s 2030 targets for climate and energy and the objective of a climate neutral economy in the Union by 2040 and the alignment with the EU commitments under the Paris Agreement; (g) to integrate the analysis of environmental, climate, social and governance factors in the selection and evaluation of projects. The Commission shall publish the selection results.
Amendment 257 #
2020/0100(COD)
Proposal for a regulation
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2 a. The Commission shall report annually on the implementation of the Facility in accordance with Article 250 of the Financial Regulation. That report shall provide information on the results and impact of the Facility with respect to its objectives and performance indicators, in particular its contribution to addressing the transition needs and to the EU sustainability objectives including its impact on climate, the environment, the social dimension and gender equality. For that purpose, finance partners and beneficiaries shall provide on an annual basis all the necessary information and data.
Amendment 259 #
2020/0100(COD)
Proposal for a regulation
Article 14 – paragraph 2 b (new)
Article 14 – paragraph 2 b (new)
2 b. The projects financed under this Facility shall be screened to determine whether they have an environmental, climate, social or gender impact. If those projects have such an impact they shall be subject to a sustainability proofing mechanism, with a view to minimise detrimental impacts and maximise benefits on climate, environment and social dimensions as well as on gender equality, in line with EU sustainability objectives, on the basis of the guidance to be developed by the Commission under the InvestEU Programme. For that purpose, entities requesting financing shall provide adequate information based on the guidance by the Commission. Projects below a certain size defined in the guidance shall be excluded from the proofing.
Amendment 268 #
2020/0100(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Audits on the use of the Union support provided under the Facility shall be carried out by persons or entities, including by other than those mandated by the Union Instituthe Court of Auditors in accordance with Article 287 TFEU. The Court of Auditors shall issue a special report on the implementations or bodies, shall form the basis of the overall assurance pursuant to Article 127 of the Financialf the Facility once the rate of implementation of the projects financed reaches at least 60%, but no later than five years after the entry into force of this Regulation.
Amendment 279 #
2020/0100(COD)
Proposal for a regulation
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2 a. The Commission shall make publicly available upon delivery any opinions issued on the projects selected or financed under this Facility in accordance with the procedure provided for in Article 19 of the Statute of the EIB.
Amendment 285 #
2020/0100(COD)
Proposal for a regulation
Annex II – point 6 – point 6.4
Annex II – point 6 – point 6.4
6.4 Direct support to transiclimate transition, decarbonisation (renewable energy, energy efficiency) and other environmental objectives
Amendment 286 #
2020/0100(COD)
Proposal for a regulation
Annex II – point 6 – point 6.4 a (new)
Annex II – point 6 – point 6.4 a (new)
6.4 a Substantial contribution to sustainability objectives as defined in Regulation (EU) 2020/852 on the establishment of a framework to facilitate sustainable investment [Taxonomy Regulation]
Amendment 287 #
2020/0100(COD)
Proposal for a regulation
Annex II – point 6 – point 6.6 a (new)
Annex II – point 6 – point 6.6 a (new)
6.6 a Quality of housing (including energy efficiency)
Amendment 9 #
2020/0006(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The regulatory framework governing the Union’s cohesion policy for the period from 2021 to 2027, in the context of the next multi-annual financial framework, contributes to the fulfilment of the Union’s commitments to implement the Paris Agreement to limit global temperature increase to below 1.5°C and the United Nations Sustainable Development Goals by concentrating Union funding on green objectives as well as the European Pillar of Social Rights. This Regulation implements one of the priorities set out in the Communication on the European Green Deal (‘the European Green Deal’)11 and is part of the Sustainable Europe Investment Plan12 providing dedicated financing under the Just Transition Mechanism in the context of cohesion policy to address the economic and social costhallenges of the transition to a climate-neutral and circular economy, where any remaining greenhouse gas emissions are compensated by equivalent absorptionsfully renewables-based, highly resource- and energy-efficient, circular climate-neutral economy as early as possible and by 2050 at the very latest, and to support and accompany Union regions and people with social, labour market and economic support. _________________ 11 COM(2019) 640 final, 11.12.2019. 12 COM(2020) 21, 14.1.2020.
Amendment 13 #
2020/0006(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) In order to be successful, the transition has to be fairinclusive and socially acceptable for all, reduce inequalities and leave no one behind. Therefore, both the Union and the Member States must take into account its economic and social implications from the outset, and deploy all possible instruments to mitigate adverse consequences, as well as the different regional and local actors, should take into account its social, labour market and economic implications from the outset, and deploy all possible instruments to mitigate adverse consequences and enhance the positive ones, such as the creation of new, decent and sustainable jobs or the improvement of air quality. The Union budget has an important role in that regard.
Amendment 19 #
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 not only to mitigate the adverse effects of the climate transition by supporting the most affected territories andut also to create and enhance the future positive effects by supporting the most affected territories as well as the people living there and in particular the workers concerned. 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 thfacilitating and catalysing the transition by creating new sustainable employment opportunities, by mitigating adverse lsocial economysequences and by mitigatfinancing the negative repercussdiversification, sustainability and modernisations on employmentf the local economy. 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 37 #
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 as well as national and regional investments and private capital and should by no means replace such investments.
Amendment 50 #
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, social and environmental priorities of the Union. The list of investments should includprioritise those that support people, job creation and local economies and are sustainable in the medium and long- term, taking into account all the objectives of the Green DealEuropean Pillar of Social Rights and the European Green Deal, while protecting, preserving and enhancing the Union's natural capital, and improving health and wellbeing with regard to environment- related risks and impacts. The projects financed should contribute to a transition to a resource-efficient climate-neutral and circular economy by 2050 at the very latest. For declining sectors, such as energy production based on coal, lignite, peat, gas, oil and oil shale or extraction activities for these solid fossil fuels, support should be linked with strong conditionality to the phasing out of the activity and the corresponding reduction in the employment levelfocus on job creation and enhancing the resilience of the local economy to overcome potential job losses. As regards transforming sectors with high greenhouse gas emission levels, support should promote new activities through the deployment of new technologies, innovation at the workplace, new processes or products, leading to significant emission reduction, in line with the EU 2030 climate objectives and EU climate neutrality by 205013 while maintaining and enhancing employment and avoiding environmental degradation. Particular attention should also be given to activitiesbe given to the implementation of the energy efficiency first principle in all investment decisions, as well as to green sectors such as in renewable energy sources, or any sectors which support, promote and drive forward resource-efficiency and the circular economy, as well as those enhancing innovation and research in advanced and sustainable technologies, as well as in the fields of digitalisation and connectivity, provided that such measures help. Such measures should enhance the creation of green sustainable and decent jobs, mitigate the negative side effects of a transition towards, and contribute to,ocial consequences and fasten the transition towards a climate- neutral and circular economy by 2050 at the very latest. _________________ 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 53 #
2020/0006(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) The JTF should also be used to support investment in social, education, health and cultural projects, in particular in regions that depend on a carbon intensive economy and that are affected by the structural transition to a resource efficient and low-carbon economy. Inequality of opportunities present in the eligible regions affects in particular access to education, culture, community, health and social services. The development of a strong local community, as well as the integration of vulnerable groups in society without discrimination, can enhance economic opportunities and ensure a just transition for all. This would help to ensure that people living in regions subject to transition, including those active in the social economy which are crucial to local economic development and the social market economy, have access to high-quality public services and services of general interest, for the purpose of underpinning a socially just transition that leaves no-one behind.
Amendment 56 #
2020/0006(COD)
(11) To protect citizensgroups of people who are the most vulnerable tolikely to require support to achieve the climate transition, the JTF should also cover the up-skilling and reskilling of the affected workers, with the aim of helping them to adapt to new employment opportunities, as well as providing job-search assistance to jobseekerspaying particular attention to the most vulnerable people as defined in the [ESF+ Regulation],with the aim of helping them to adapt to new employment opportunities, and achieving gender balance across sectors, as well as providing active labour market and skills policies targeted towards future oriented sectors and employment, assistance to those affected by the transition, and personalised job-search assistance to all categories of jobseekers and ensuring equal access to all groups of people without discrimination and their active inclusion into the labour market.
Amendment 59 #
2020/0006(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
Amendment 60 #
2020/0006(COD)
Proposal for a regulation
Recital 11 b (new)
Recital 11 b (new)
Amendment 61 #
2020/0006(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to enhance the economic diversification of territories impacted bywhich require additional support to achieve the transition, the JTF should provide support to productive investment inwith job creation potential in green and sustainable 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 green, decent and sustainable employment. 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 and if they support the overarching goal of the JTF which is to accelerate the transition to a climate- resilient, circular economy, by creating or supporting the adaptation of 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 ifprovided that 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 ifprovided that they result in the protection of a significant number of decent and sustainable jobs. Any such investment should be justified accordingly in the relevant territorial just transition plan, should be sustainable and should be consistent with the energy efficiency first principle as well as excluding any investments in fossil fuel infrastructure from the scope of the JTF. 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.. _________________ 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 74 #
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 possiblerequired 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 83 #
2020/0006(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The JTF support should be conditional on the effective and measurable implementation of a transition process in a specific territory in order to achieve a climate-neutral economy. In that regard, recipient regions in Member States should prepare, in cooperationtogether with the relevant stakeholders, including civil society and the local communities concerned, and supported by the Commission, territorial just transition plans, detailing the transition process, consiincluding job creation measures, investmently with their National Energy and Climate Plans in local social infrastructure, in line with at least the ambition of their National Energy and Climate Plans, the United Nations Sustainable Development Goals and the European Pillar of Social Rights. 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 sectorsctors and sectors concerned. The existing platform should be fully used to disseminate best practices during the planning phase.
Amendment 89 #
2020/0006(COD)
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) In order to ensure the long-term effectiveness and positive impacts of the transition and the JTF, data gathering by the Commission will be required to better forecast skills needed across sectors and industry to adapt to the change required by a new green economy and in particular to provide models for the employment effects of decarbonising scenarios. The data should be published in a gender- desegregated manner.
Amendment 102 #
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 facing serious socio- economic challenges deriving from the transition process towards a climate- neutral economy of the Union by 2050. he groups of people and the territories which require additional support to make the transition to a fully renewables-based, highly resource- and energy-efficient, circular and climate-neutral economy of the Union by 2050 and turn the challenges into opportunities, particularly in terms of the creation of new decent and sustainable green jobs and the up- and re- skilling of the workers, education and training to promote anew economic model which provides prosperity and well-being while reducing the negative effects on the climate and the environment.
Amendment 108 #
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, respecting and supporting the overarching objectives of the European Green Deal, and in particular the Union-wide climate-neutrality objective as defined in the European Climate Law, in order to tackle climate and environmental challenges while ensuring a just transition that leaves no- one behind. The JTF shall exclusively support the activities set out in paragraphs 2a to 2d of Article 4.
Amendment 116 #
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 7.25 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 127 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1
Article 4 – paragraph 2 – subparagraph 1
Amendment 153 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 2
Article 4 – paragraph 2 – subparagraph 2
Additionally, the JTF may support, in areas designated as assisted areas in accordance with points (a) and (c) of Article 107(3) of theTFEU and in compliance with Union State aid rules as set out in Articles 107 and 108 TFEU, productive investments in enterprises other than SMEs, provided that such investments have been approved as part of the territorial just transition plan based on the information required under point (h) of Article 7(2) and have undergone an additional check for compliance with the European Social Pillar of Rights. Such investments shall only be eligible where they are necessary for the implementation of the territorial just transition plan, shall be sustainable and shall not increase or maintain dependency on fossil fuels.
Amendment 156 #
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, shall be sustainable and shall not increase or maintain dependency on fossil fuels.
Amendment 157 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
Amendment 158 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 b (new)
Article 4 – paragraph 2 b (new)
2b. In accordance with paragraph 1, the JTF shall support social investments, including those supporting the implementation of the European Pillar of Social Rights, ensuring the participation and accessibility of persons with disabilities, in particular through: (a) microfinance, social enterprise finance and social economy; (b) social infrastructure; (c) facilities for education and training, including early childhood education and care, educational facilities, student housing and digital equipment; (d) social housing; (e) health and long-term care, including clinics, hospitals, primary care, home services and community-based care; (f) social innovation, including innovative social solutions and schemes aiming to promote social impacts and outcomes in the areas related thereto; (g) cultural and heritage activities with a social goal; (h) infrastructure for local communities such as community and volunteer centres (i) innovative health solutions, including health services and new care models.
Amendment 159 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 c (new)
Article 4 – paragraph 2 c (new)
Amendment 160 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 d (new)
Article 4 – paragraph 2 d (new)
2d. In accordance with paragraph 1, the JTF shall support technical assistance with regard to the investment strands referred to in paragraphs 2a, 2b and 2c.
Amendment 161 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 e (new)
Article 4 – paragraph 2 e (new)
2e. In budgeting and programming for actions, the JTF shall ensure support in equal shares for each of the three investment strands referred to in paragraphs 2a,2b and 2c.
Amendment 165 #
2020/0006(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) the decommissioning or, the construction of nuclear power stationsr the lifetime extension of or any other form of investment in nuclear power stations, as well as the management or storage of nuclear waste;
Amendment 168 #
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, distribution, storage, transport or combustion of fossil fuels;
Amendment 171 #
2020/0006(COD)
(e) investment in broadband infrastructure in areas in which there are at least two broadband networks of equivalent category.
Amendment 174 #
2020/0006(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
For the activities set out in Article 4(2b) and (2c), the specific exclusions of the [ESF+] shall also apply.
Amendment 175 #
2020/0006(COD)
Proposal for a regulation
Article 5 – paragraph 1 b (new)
Article 5 – paragraph 1 b (new)
No Union funding shall be provided for activities relating to the scheduling of new fossil fuel extraction or peat production, including the re-opening of temporarily decommissioned extraction facilities in the NUTS 2 region in which the territory falls, during the duration of the programme.
Amendment 181 #
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 of the Member State concerned and where the planned activities comply with the planning requirement laid down in Article 4(2g).
Amendment 193 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall prepare, in full compliance with the partnership principle together with the relevant authorities of the territories concerned as well as local actors, one or more territorial just transition plans covering one or more affected territories 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, labour market 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. _________________ 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 194 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) a description of the transition process at national level towards a climate- neutral economy by2050, including a timelineclear date for the phase-out of all fossil fuels as well as a pre-2030 date for the phase-out of coal, and a precise timeline including 2030 milestones for key transition steps which are consistent with the latest version of the National Energy and Climate Plan (‘NECP’);
Amendment 195 #
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, labour market, economic, and environmental impact of the transition to aand the co-benefits, in particular in terms of health and well- being, of the transition to a fully renewables-based, highly resource and energy-efficient, circular and climate- neutral economy, identifying the potential number of affected jobs and job losses as well as potential job creation, other social consequences, the development needs and objectives, to be reached by 2030 linked to the transformation orition to net zero emissions, the transition from fossil fuel use or to the closure of greenhouse gas-intensive activities in those territories;
Amendment 196 #
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, labour market, economic and environmental impacts of the transition to achallenges and opportunities of the transition to a fully renewables-based, highly resource- and energy-efficient, circular and climate- neutral economy with a detailed list of actions planned;
Amendment 197 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point e
Article 7 – paragraph 2 – point e
(e) an assessment of its consistency with other national, regional or territorial strategies and plans as well as the related Union strategies (the European Green Deal and the European Pillar of Social Rights) as well as the United Nations Sustainable Development Goals as well as a detailed gender impact assessment of the actions planned.;
Amendment 198 #
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 of operations envisaged and their expected contribution to alleviate the impact of the transitionn assessment of the transition opportunities for the territories concerned and the people living there, with a description of the type of operations envisaged, including the labour market and skills policies required to play an active role in fostering and supporting employment and job creation, and their expected contribution to turn the challenges of the transition into an opportunity for the region and the people living there;
Amendment 201 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point j
Article 7 – paragraph 2 – point j
(j) synergies and complementarities with other Union programmes and pillars of the Just Transition Mechanism to address identified development needs in the territory of the plan.
Amendment 205 #
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 exclude any public investment in fossil fuel infrastructure and shall offer an opportunity to further strengthen local economies and short economic routes.
Amendment 214 #
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 billmore than 27% of the total allocation. The amounts exceeding EUR 2 billionthe 27% threshold per Member State are redistributed proportionally to the allocations of all other Member States. The Member States shares are recalculated accordingly;
Amendment 7 #
2019/2028(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Underlines the importance of a robust consumer policy that gives protection and predictability to consumers both offline and online, andsafeguards their interest, safety and information, improves the confidence tof businesses to provide their goods and services across the internal market, and ensures market surveillance and compliance with, and enforcement of, EU and national law;
Amendment 23 #
2019/2028(BUD)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Expresses concern that the target of 20% climate spending of the EU budget for the 2014-2020 MFF will not be reached; considers that the proposed 21% of the allocations for 2020 to be spent on climate action are not sufficient to compensate for the underspending of the past years; urges the Commission to significantly raise the percentage for climate spending for 2020; calls on the Member States and regions to take due account of the important contribution of cohesion policy for investment in climate protection and for reaching the Union's climate spending target;
Amendment 35 #
2019/2028(BUD)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Supports the Commission to intensify looking into regions with specific needs in order to promote the just transition towards future-oriented and climate-proof development paths; expects the Commission to take into account coal phasing-out regions in particular; considers that sufficient support should be given for actions with a special focus on health and environmental aspects, too, that could derive from requirements related to the energy transition, such as decommissioning of nuclear power plants;