1562 Amendments of Marc BOTENGA
Amendment 6 #
2023/2182(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses the valuable role played by Union agencies in helping Union institutions to design and implement policies, especially in carrying out specific technical, scientific, operational and managerial tasks; appreciates the high quality expertise and work performed by the European Centre for the Development of Vocational Training (Cedefop), the European Foundation for the improvement of living and working conditions (Eurofound), the European Agency for Safety and Health at Work (EU-OSHA), the European Training Foundation (ETF) and European Labour Authority (ELA), the agencies working in the area of employment, social affairs and inclusion; reiterates in this regard the need to equip the agencies at a level commensurate to the assigned tasks, with a sufficient number of staff, employed in a stable manner and having sufficient material resources; reiterates therefore the need of ensuring adequate human and financial resources allowing them to continue implementing their work programmes with a very high activity completion rate; stresses the importance and added value of each agency in their field of expertise and their autonomy; reiterates that the proper functioning of the agencies also requires a high-quality social dialogue; closely involving the Local Staff Committees;
Amendment 9 #
2023/2182(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Recalls that the agencies are the most qualified at assessing the use of resources and play a crucial role in supporting the right sustainable projects in line with the European Green Deal; calls on all agencies to further improve their public procurement procedures to by leading by example and enforcing the social clause in the existing EU Public Procurement Directive to ensure that companies benefiting from EU money need to comply with all applicable obligations in the fields of environmental, social and labour law established by Union law, national law or collective agreement, or by applicable international environmental, social or labour law provisions; calls on the Commission to ensure funding supporting the EU agencies in securing the social dialogue; notes that EU agencies have a crucial role in securing social dialogue with the EU institutions;
Amendment 14 #
2023/2182(DEC)
Draft opinion
Paragraph 9
Paragraph 9
9. Recalls that gender balance must be ensured within the Agencies in accordance with the basic regulations establishing them; regrets the fact that gender equality is absent in the multiannual strategy 2021- 2027 for the EU Agencies Network (EUAN); reiterates its call on the EUAN to integrate gender equality in their strategies, on the Agencies to collect and present data on gender balance for all categories of management staff and to align their ambition with the aim of the Commission to reach a gender balance of 50 % at all levels of its management by the end of 2024 and to pursue gender mainstreaming in all fields.; furthermore, calls on the EUAN to develop a general policy to not replace permanent staff by more expensive external consultants, in order to guarantee quality working conditions, and to prevent knowledge and experience from being lost;
Amendment 7 #
2023/2166(DEC)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Stresses that the Agency must continue the effort to recruit new staff and campaigns aimed at hiring new staff;
Amendment 8 #
2023/2155(DEC)
Draft opinion
Paragraph 6
Paragraph 6
6. Notes with concern that the Court reported weaknesses in public procurement procedures; calls on the Authority to further improve its public procurement procedures, ensuring full compliance with the applicable rules, to ensure they achieve the best possible value for money; whilst leading by example and enforcing the social clause in the existing EU Public Procurement Directive to ensure that companies benefiting from EU money need to comply with all applicable obligations in the fields of environmental, social and labour law established by Union law, national law or collective agreement, or by applicable international environmental, social or labour law provisions;
Amendment 12 #
2023/2155(DEC)
Draft opinion
Paragraph 7
Paragraph 7
7. Regrets that the Court found systematic weaknesses in the Authority’s management and control systems and calls on the Authority to address these weaknesses; notes that the Authority is among the agencies which has not yet established a corporate plan to respond to the climate or energy crises and calls on the Authority to prepare such a plan to improve the energy efficiency and climate neutrality of its operations;
Amendment 15 #
2023/2155(DEC)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Calls on the Authority to put in place the necessary procedures, measures and training for staff to ensure proper Health and Safety at the workplace;
Amendment 16 #
2023/2155(DEC)
Draft opinion
Paragraph 8
Paragraph 8
8. Emphasizes that despite the fact that the Authority has been set up in difficult circumstances, the staff is very much engaged; stresses, however, that the staff needs support in the area of human resources; stresses that access to healthcare remains a challenge; therefore, calls on the management to support the staff in accessing the local health system;
Amendment 4 #
2023/2129(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Expresses satisfaction that the biggest part of the Union budget spending in 2022 went to the Heading 2 “Cohesion, resilience and values” (EUR 79.1 billion, or 40.4 %); emphasizes that the ESF is supposed to counter the worst excesses of unequal development and boost local development; furthermore, regional actors must be involved more closely;
Amendment 11 #
2023/2129(DEC)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Calls on the Commission to favour taking catering and other staff in-house in order to promote good working conditions and avoid layoffs;
Amendment 2 #
2023/0352(BUD)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Notes that Makro's parent company, METRO AG, achieved an EBITDA of EUR 1.389 billion in the 2021/2022 fiscal year; notes that the EBITDA for the 2022/2023 fiscal year is forecast to exceed EUR 1 billion; regrets that METRO AG is not obliged to cover the entire cost of the laying off of the 1 431 workers;
Amendment 3 #
2023/0352(BUD)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Deeply regrets the incomprehensible decision by the Flemish authorities to refuse European support under the EGF that could further support the redundant workers;
Amendment 1 #
2023/0152(BUD)
Motion for a resolution
Recital F
Recital F
F. whereas LNSA used to provide logistics services regarding fresh and dry food products, wines and spirits to Carrefour; whereas the redundancies resulted from the decision of LNSA’s parent company Kuehne + Nagel to close down its Belgian subsidiary, following financial difficulties of LNSA and significant losses of the company in 2020 and 2021, and to rely on its subsidiary Kontich NV to supply Carrefour stores across Belgium; whereas Kuehne + Nagel ’s earnings amounted to more than EUR 2 billion in 2021, the year when the decision was taken, that is 173.1 % compared to 20201a; _________________ 1a https://2021-annual-report.kuehne- nagel.com/fileadmin/user_upload/KN_Up loads/pdf- Download/Annual_Report_2021.pdf
Amendment 2 #
2023/0152(BUD)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Amendment 4 #
2023/0152(BUD)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Regrets the fact that Kuehne + Nagel did not offer the workers the option to be relocated between logistic centres to reduce the number of dismissals; regrets the company’s lack of willingness to collaborate with trade unions to facilitate solutions for the workers concerned;
Amendment 8 #
2023/0152(BUD)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Reiterates that assistance from the EGF must not replace actions which are the responsibility of companies, by virtue of national law or collective agreements; calls for stricter rules to make companies economically responsible for collective dismissals, especially when the company itself, the parent company and/or the group make profits;
Amendment 54 #
2023/0081(COD)
Proposal for a regulation
Recital 64
Recital 64
(64) The scaling up of European net- zero technology industries requires significant additional skilled workers which implies important investment needs in re-skilling and upskilltraining, including in the field of vocational education and training. This shouldmust contribute to the creation of quality jobs in line with the targets for employment and training of the European Pillar of Social Rights. The energy transition will require a significant increase in the number of skilled workers in a range of sectors, including renewable energy and energy storage, and has a great potential for quality job creation, and to the improvement of already existing jobs. A just and fair energy transition means guaranteeing high quality and equal working conditions and employment, while ensuring decent salaries. The skill needs for the fuel cell hydrogen sub-sector in manufacturing alone are estimated at 180.000 trained workers, technicians and engineers by the year 2030, according to the Commission’s European Strategic Energy Technology Plan65 [1]. In the photo- voltaic solar energy sector, up to 66.000 jobs would be needed in manufacturing alone. The European network of employment services (EURES) is providing information, advice and recruitment or placement for the benefit of workers and employers, including across internal market borders. _________________ 65 European Commission, Directorate- General for Research and Innovation, Joint Research Centre, The strategic energy technology (SET) plan, Publications Office, 2019, https://data.europa.eu/doi/10.2777/04888.
Amendment 60 #
2023/0081(COD)
Proposal for a regulation
Recital 64 a (new)
Recital 64 a (new)
(64a) Upskilling and reskilling are important tools, but do not guarantee quality jobs. The so-called skills mismatches and shortages are too often the result of low wages, unattractive job positions and poor working conditions. Therefore, to overcome labour problems the Commission as well as the Member States must put in place all possible measures offering decent wages, stable work contracts, good work-life balance, regular training and attractive career prospects to workers.
Amendment 62 #
2023/0081(COD)
Proposal for a regulation
Recital 64 b (new)
Recital 64 b (new)
(64b) Trade unions are essential to guarantee quality jobs, as a counter- power to profit maximization strategies of employers and shareholders. Workers and trade unions must be fully included at every stage of the development and implementation of EU and national industrial strategies including this Regulation and others.
Amendment 67 #
2023/0081(COD)
Proposal for a regulation
Recital 65
Recital 65
(65) Since strengthening the manufacturing capacity of key net-zero technologies in the Union will not be possible without a sizeable skilled workforce, it is necessary to introduce measures to boost the activation of more people to the labour market, notably women and young people not in employment, education or training (NEETs), including via skills first approaches as a complement to qualifications-based recruitment, better wages, stable work contracts, good work- life balance, regular training and attractive career prospects. In addition, in line with the objectives of the Council Recommendation on ensuring a fair transition towards climate-neutrality, specific support for job-to-job transition for workers in redundant and declining sectors are important. This means investing in skills and in quality job creation required for net-zero technologies in the Union. Building on and fully taking into account existing initiatives such as the EU Pact for Skills, EU level activities on skills intelligence and forecasting, such as by the European Centre for the Development of Vocational Training (Cedefop) and the European Labour Authority, and the Blueprints for sectoral cooperation on skills, the objective is to mobilise all actors: Member States authorities, including at regional and local levels, education and training providers, social partners and industry, in particular SMEs, to identify skills needs, develop education and training programmes and deploy these at large scale in a fast and operational manner. Net-zero strategic projects have a key role to play in this regard. Member States and the Commission may ensure financial support including by leveraging the possibilities of the Union budget through instruments such as the European Social Fund Plus, Just Transition Fund, European Regional Development Funds, the Recovery and Resilience Facility, the Modernisation Fund, REPowerEU and the Single Market Programme.
Amendment 77 #
2023/0081(COD)
Proposal for a regulation
Recital 68 a (new)
Recital 68 a (new)
(68a) Subcontracting often leads to higher risks of occupational accidents. Therefore, joint and several liability should be ensured along the sub- contracting chain for all sub-contractors and contractors; Contractors and sub- contractors must fully respect health and safety frameworks as well as other rules and regulations.
Amendment 78 #
2023/0081(COD)
Proposal for a regulation
Recital 68 b (new)
Recital 68 b (new)
(68b) European Net Zero Industry Academies shall promote measures to reduce abuses in subcontracting and guarantee joint and several liability in case of subcontracting chains.
Amendment 111 #
2023/0081(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The Single Market provides the appropriate environment for enabling access at the necessary scale and pace to the technologies required to achieve the Union’s climate ambition. Given the complexity and the transnational character of net-zero technologies, uncoordinated national measures to ensure access to those technologies would have a high potential of distorting competition and fragmenting the Single market. Therefore, to safeguard the functioning of the Single markethas failed to foster and develop the necessary net-zero industry for Europe. Given market failures, the complexity and the transnational character of net-zero technologies, uncoordinated market-driven measures will guarantee neither the net- zero industry nor the quality jobs required. Therefore, it is necessary to createhrough a common Union legal framework to take this transition in public hands and collectively address this central challenge by increasing the Union’s resilience and security of supply in the field of net-zero technologies.
Amendment 114 #
2023/0081(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Regarding external aspects, in particular regarding emerging markets and developing economies, the EU will seek win-win partnerships in the framework of its Global Gateway strategy, which contribute to the diversification of its raw materials supply chain as well as to partner countries’ efforts to pursue twin transition and, develop local value addition and foster local communities and environments in partner countries.
Amendment 123 #
2023/0081(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The higher energy prices enabled by the liberalisation and market failures and accelerated after the unjustified and unlawful military aggression by the Russian Federation against Ukraine, gave a strong impetus to accelerate the implementation of the European Green Deal and reinforce the resilience of the Energy Union by speeding up the clean energy transition and ending any dependence on fossil fuels exported from the Russian Federation. The REPowerEU plan35 plays a key role in responding to the hardships and global energy market disruption caused by the invasion of Ukraine by the Russian Federation. That plan aims to accelerate the energy transition in the European Union, in order to reduce the Union’s gas and electricity consumption and to boost investments in the deployment of energy efficient and low carbon solutions. That plan sets inter alia the targets to double solar photovoltaic capacity by 2025 and to install 600 GW of solar photovoltaic capacity by 2030; to double the rate of deployment of heat pumps; to produce 10 million tonnes of domestic renewable hydrogen by 2030; and to substantially increase production of biomethane. The plan also sets out that achieving the REPowerEU goals will require diversifying the supply of low carbon energy equipment and of critical raw materials, reducing sectoral dependencies, overcoming supply chain bottlenecks and expanding the Union’s clean energy technology manufacturing capacity. As part of its efforts to increase the share of renewable energy in power generation, industry, buildings and transport, the Commission proposes to increase the target in the Renewable Energy Directive to 45% by 2030 and to increase the target in the Energy Efficiency Directive to 13%. This would bring the total renewable energy generation capacities to 1236 GW by 2030, in comparison to 1067 GW by 2030 envisaged under the 2021 proposal and will see increased needs for storage through batteries to deal with intermittency in the electricity grid. Similarly, policies related to the decarbonisation of the road sector, such as Regulation (EU) 2019/631 and Regulation (EU) 2019/1242 will be strong drivers for a further electrification of the road transport sector and thus increasing demand for batteries. _________________ 35 Communication of 18 May 2022 from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions, REPowerEU Plan, COM/2022/230 final, 18.05.2022.
Amendment 130 #
2023/0081(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The net-zero transformation is already causing huge industrial, economic, and geopolitical shifts across the globe, which will become ever more pronounced as the world advances in its decarbonisation efforts. The road to net zero translates into strong opportunities for the expansion of Union’s net-zero industry, making use of the strength of the Single Market, by promotingut acknowledging its failures by promoting public and publicly-led investment in technologies in the field of renewable energy technologies , electricity and heat storage technologies, heat pumps, grid technologies, renewable fuels of non- biological origin technologies, electrolysers and fuel cells, fusion, small modular reactors and related best-in-class fuels, carbon capture, utilisation, and storage technologies, and energy-system related energy efficiency technologies and their supply chains, allowing for the decarbonisation of our economic sectors, from energy supply to transport, buildings, and industry. A strong net zero industry within the European Union can help significantly in reaching the Union’s climate and energy targets effectively, as well as in supporting other Green Deal objectives, while creating jobs and growthquality jobs.
Amendment 136 #
2023/0081(COD)
Proposal for a regulation
Chapter V – title
Chapter V – title
V Enhancing skills for quality job creationGuaranteeing quality training and jobs for workers
Amendment 149 #
2023/0081(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point c a (new)
Article 23 – paragraph 1 – point c a (new)
(ca) promote, in collaboration with trade unions, knowledge concerning workers´ and social rights, including health and safety regulations;
Amendment 163 #
2023/0081(COD)
Proposal for a regulation
Article 25 – paragraph 1 – introductory part
Article 25 – paragraph 1 – introductory part
The Net-Zero Europe Platform referred to in Article 28 shall support the creation of quality jobs and the availability and deployment of skillsproper training in net-zero technologies, and in competent authorities and contracting authorities referred to in Chapter II and Chapter IV, through the following tasks:
Amendment 166 #
2023/0081(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) To achieve the 2030 objectives a particular focus is needed on some of the net-zero technologies, also in view their significant contribution towards the path to net zero by 2050. These technologies include solar photovoltaic and solar thermal technologies, onshore and offshore renewable technologies, battery/storage technologies, heat pumps and geothermal energy technologies, electrolysers and fuel cells, sustainable biogas/biomethane, carbon capture and storage technologies and grid technologies. These technologies play a key role in the Union’s open strategic autonomy and diversification of sources of supply, ensuring that citizens have access to clean, affordable, secure energy. Given their role, these technologies should benefit from even faster permitting procedures, obtain the status of the highest national significance possible under national law and benefit from additional support to crowd-in investments, without prejudice to sound impact and risk assessment on both social and environmental consequences.
Amendment 169 #
2023/0081(COD)
Proposal for a regulation
Article 25 – paragraph 1 – point 3
Article 25 – paragraph 1 – point 3
(3) assist the mobilisation of stakeholders including industry, social partners and education and training providers for the roll-out of learning programs developed by the European Net- Zero Industry Academies;
Amendment 175 #
2023/0081(COD)
Proposal for a regulation
Article 25 – paragraph 1 – point 6
Article 25 – paragraph 1 – point 6
(6) promote adequategood working conditions in jobs in net-zero technology industries, the activation of youth, women and seniors to the labour market for, decent wages and career prospectives in jobs in net- zero technology industries, and the attraction of skilled workers from third countries, and thereby achieve a more diverse workforce;
Amendment 180 #
2023/0081(COD)
Proposal for a regulation
Article 25 – paragraph 1 – point 7
Article 25 – paragraph 1 – point 7
(7) facilitate closer coordination and the exchange of best practices and know- how between Member States, including through open science and technology sharing, to enhance the availability of skills in the net-zero technologies, including by contributing to Union and Member States policies to attract new talents from third countries.;
Amendment 184 #
2023/0081(COD)
Proposal for a regulation
Article 25 – paragraph 1 – point 7 a (new)
Article 25 – paragraph 1 – point 7 a (new)
(7a) ensure equal pay for equal work while respecting the rules on minimum wages.
Amendment 185 #
2023/0081(COD)
Proposal for a regulation
Article 25 – paragraph 1 – point 7 b (new)
Article 25 – paragraph 1 – point 7 b (new)
(7b) prevent abuse in subcontracting chains and ensure joint and several liability.
Amendment 185 #
2023/0081(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The development of carbon capture and storage solutions for industry is confronted with a coordination failure, unsustainable costs, long-term safety risks, as well as a risk of "carbon lock-in". On the one hand, despite the growing CO2 price incentive provided by the EU Emissions Trading System, for industry to invest into capturing CO2 emissions making such investments economically viable, they face a significant risk of not being able to access a permitted geological storage site. On the other hand, investors into first CO2 storage sites face upfront costs to identify develop and appraise them even before they can apply for a regulatory storage permit. Transparency about potential CO2 storage capacity in terms of the geological suitability of relevant areas and existing geological data, in particular from the exploration of hydrocarbon production sites, can support market operators to plan their investments. Member State should make such data publicly available and report regularly in a forward-looking perspective about progress in developing CO2 storage sites and the corresponding needs for injection and storage capacities above, in order to collectively reach the Union-wide target for CO2 injection capacity. When delivering a permit, authorities shall take into account the "do no significant harm" principle, and conduct sound impact and risk assessments.
Amendment 188 #
2023/0081(COD)
Proposal for a regulation
Recital 14
Recital 14
Amendment 203 #
2023/0081(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) By defining CO2 storage sites that contribute to the Union’s 2030 targetcan be defined as net-zero strategic projects, for the development of CO2 storage sites can be accelerated and facilitated, and the increasing industrial demand for storage sites can be channelled towards the most- cost-effective storage sitesmitigation of emissions from industrial processes for which electrification is not currently or in the foreseeable future technically feasible. An increasing volume of depleting gas and oil fields that could be converted in safe CO2 storage sites are at the end of their useful production lifetime. In addition, the oil and gasfossil fuel industry has affirmed its determinationshown little enthusiasm to embark on an energy transition, andlthough it possesses the assets, skills and knowledge needed to explore and develop additional storage sdo contribute. Companies and industrial activities. To reach the Union’s target of 50 million tonnes of annual operational CO2 injection capacity by 2030, the sector needs to pool its contributions to ensure that carbon capture an are in large part responsible for emissions, and citizens should not pay the price of environmental destruction. Therefore, all investments in CO2 storage capacities designed storage as a climate solution is available ahead of demand. In order to ensure a timely, Union-wide and cost- effective mitigate the emissions of private corporations shall be supported by private capital. In order to ensure a development of CO2 storage sites in line with the EU objective for injection capacity and the environmental challenges, licensees of oil and gasfossil fuel production in the EU shouldmust contribute to this target pro rata of their oil and gas manufacturing capacity, while providing flexibilities to cooperate and take into account other contributions of third parties.
Amendment 230 #
2023/0081(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) At the same time, net-zero technology products will contribute to the Union’s resilience and security of supply of clean energy. A secure supply of clean energy is a prerequisite for society, just economic development, as well as for public health, order and security. Net-zero technology products will also yield benefits to other strategically important economic sectors, such as farming and food production by securing access to clean energy and machinery at competitive prices, thus contributing sustainably to EU food security and to providing an increasing outlet for bio-based alternatives through circular economy. In the same way, the fulfilment of the Union’s climate ambitions will translate both into economic growth and social well-beinginto increased social well-being, an improvement of public health and long-term safety for all.
Amendment 238 #
2023/0081(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) In order to maintain competitiveness and reduce current strategic import dependencies in key net- zero technology products and their supply chains, while avoiding the formation of new ones, the Union needs to continue strengthening its net zero industrial base and become more competitive and innovation friendly. Treduce dependencies and ensure the diversification of supply sources, the Union needs to enable the development of manufacturing capacity faster, simpler and in a more predictable way, through public initiative and planning based on scientifically sound recommendations and people’s needs.
Amendment 242 #
2023/0081(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Member States should submit updated drafts of their 2021-2030 National Energy and Climate Plans (NECPs) in June 202340 . As emphasised in the Commission’s Guidance to Member States for the update of the 2021-2030 national energy and climate plans41 , the updated plans should describe Member States’ objectives and policies to facilitate the scale-up of manufacturing projects of commercially available energy efficient and low-carbon technologies, equipment and key components within their territory. Those plans should also describe Member States’ objectives and policies to achieve such scale-up through diversification efforts in third countries, and to enable their industries to capture and store CO2emissions permanently in geological storage site through win-win partnerships. _________________ 40 Member States shall update their national plans for 2021-2030 by June 2023 (draft plans) and June 2024 (final plans). See Article 14 and requirements of Chapter 2 and Annex I of the Regulation (EU) 2018/1999. 41 Commission Notice on the Guidance to Member States for the update of the 2021- 2030 national energy and climate plans 2022/C 495/02, (OJ C 495, 29.12.2022, p. 24).
Amendment 251 #
2023/0081(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) In addition, the Communication on the Green Deal Industrial Plan for the Net- Zero Age42 sets out a comprehensive approach to support a clean energy technology scale up based on four pillars. The first pillar aims at creating a regulatory environment that simplifies and fast-tracks permitting for new net-zero technology manufacturing and assembly sites and facilitates the scaling up of the net-zero industry of the Union. The second pillar of the plan is to boost investment in and financing of net-zero technology production, through the revised Temporary Crisis and Transition Framework adopted in March 2023 and the creation of a European Sovereignty fund to preserve the European edge on critical and emerging technologies relevant to the green and digital transitions. The third pillar relates to developing the skills and quality jobs needed to make the transition happen and increase the number of skilled workers in the clean energy technology sector. The fourth pillar focuses on trade and the diversification of the supply chain of critical raw materials. That includes creating a critical raw materials club, working with like-minded partners to collectively strengthen supply chains and diversifying away from single suppliers for critical input. _________________ 42 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: A Green Deal Industrial Plan for the Net-Zero Age, COM/2023/62 final, 01.02.2023.
Amendment 253 #
2023/0081(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Under the first pillar, the Union should develop and maintain an industrial basis for the provision of net-zero technology solutions to secure its energy supply, while also living up to its ambitions on climate neutrality and emissions reduction. To support that goal and to avoid dependencies for the supply of net-zero technologies that would delay the Union’s greenhouse gas emission reductions efforts or put at risk the security of supply of energy, this Regulation shall set out provisions to encourage demand forpublic production of sustainable and resilient net- zero technologies and transformation of existing infrastructures.
Amendment 255 #
2023/0081(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Directives 2014/23/EU, 2014/24/EU and 2014/25/EU already allow contracting authorities and entities awarding contracts through public procurement procedures to rely, in addition to price or cost, on additional criteria for identifying the most economically advantageous tender. Such criteria concern for instance the quality of the tender including social, environmental and innovative characteristics. When awarding contracts for net-zero technology through public procurement, contracting authorities and contracting entities should duly assess the tenders’ contribution to sustainability and resilience in relation to a series of criteria relating to the tender’s environmental sustainability, innovation, system integration and to resilience. The tenders should present how they intend to ensure workers’ participation to the decision taking processes, as well as their commitment to respect collective bargaining.
Amendment 275 #
2023/0081(COD)
Proposal for a regulation
Recital 33
Recital 33
Amendment 278 #
2023/0081(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) Households and final consumers are an essential part of the Union’s demand for net-zero technologies final products and public support schemes to incentivize the purchase of such product byguarantee access for households, in particular for workers, vulnerable low- and lower middle-class income households and consumers, are important tools to accelerate the green transition. Only ambitious public plans and initiatives will guarantee this accessibility. Under the solar rooftop initiative announced in the EU solar strategy52 , Member States should for instance set-up national public programmes to support the massive deployment of rooftop solar energy, preferably by public companies. In the REPowerEU plan, the Commission called Member States to make full use of supporting measures which encourage switching to heat pumps. Such support schemes set up nationally by Member States or locally by local or regional authorities should alsobe part of a coherent publicly-led plan and contribute to improving the sustainability and resilience of the EU net-zero technologies. PFor the deployment of net-zero technologies and products in the framework of public planning and priorities, public authorities should for instance provide higherguarantee full financial coverage or compensation to beneficiariefamilies and households for the purchase of net-zero technology final products that will make a higher contribution to resilience in the Union, in particular through third-party payment mechanisms. Public authorities should ensure that their schemes are open, transparent and non-discriminatory, so that they contribute to increase demand for net- zero technology products in the Union. Public authorities should also limit the additional financial compensation for such products so as not to slow down the deployment of the net-zero technologies in the Union. To increase the efficiency of such schemes Member States should ensure that information is easily accessible both for consumers and for net-zero technology manufacturers on a free website. The use by public authorities of the sustainability and resilience contribution in schemes targeted at consumers or households should be without prejudice to State aid rules and to WTO rules on Subsidies. discriminatory. To increase the efficiency of such schemes Member States should ensure that information is easily accessible both for consumers and for net-zero technology manufacturers on a free website. _________________ 52 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions : EU Solar Energy Strategy, COM(2022) 221 final, 18.05.2022.
Amendment 290 #
2023/0081(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) The Commission should also assist Member States in theshould design of schemes targeted at households and consumers to build synergies and exchange best practices. The Net-Zero Europe Platform should also play an important role in accelerating the implementation of the sustainability and resilience contribution by Member States and public authorities in their public procurement and auctioning practices. It should issue guidance and identify best practices on how to define the contribution and use it, providing concrete and specific examples.
Amendment 292 #
2023/0081(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) As indicated in the Communication on the Green Deal Industrial Plan for the Net-Zero Age, published on 1 February 2023, the Union’s industry’s market shares are under strong pressure, due to subsidies in third countries which undermine a level playing field. This translates in a need for a rapid and ambitious reaction from the Union in modernising its legal framework. The Union cannot win a subsidy race with third countries, nor should it accept to enter a downward spiral on social and environmental legislation. Therefore, it is necessary to adopt an innovative European approach that replaces market- driven transitions with mission-oriented public-driven initiatives.
Amendment 297 #
2023/0081(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) Access to finance is key for ensuring the Union’s open strategic autonomy and for establishing a solid manufacturing base for net-zero technologies and their supply chains across the Union. The majority of investments necessary to reach the Green Deal objectives will come from private capital53 attracted by the growth potential of the net-zero ecosystem. Well-functioning, deep and integrated capital markets will therefore be essential to raise and channel the funds needed for the green transition and net-zero manufacturOnly public ownership offers long-term guarantees for local manufacturing, against relocation and disinvestment. Public investments necessary to reach the Green Deal objectives must therefore serve public ownership. Any European or other public funds used shall result ing projects. Swift progress towards the Capital Markets Union is thus necessary for the EU to deliver on its net-zero objectives. The sustainable finance agenda (and blended finance) also plays a crucial role in scaling up investments into the net-zero technologies, while guaranteeing the competitiveness of the sector. _________________ 53 Commission Staff Working Document Identifying Europe's recovery needs Accompanying the document Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions - Europe's moment: Repair and Prepare for the Next Generation, SWD(2020) 98 final, Identifying Europe's recovery needs, 27.05.2020portionate public ownership. Member States should establish public and non-for-profit entities for net-zero technologies and products, and guarantee proportionate public ownership of intellectual property rights and know-how.
Amendment 299 #
2023/0081(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) Where private investment alone is not sufficient, the effective roll-out of net- zero manufacturing projects may require public support in the form of State aid. Such aid must have an incentive effect and be necessary, appropriate and proportionate. The existing State aid guidelines that have recently undergone an in-depth revision in line with the twin transition objectives provide ample possibilities to support investments for projects in the scope of this Regulation subject to certain conditionsbe conditionned to strong environmental and social criterias. These criterias will be set in close cooperation with civil society and trade unions, and without the interference of the industry. Member States can have an important role in easing access to finance for net-zero technologies public manufacturing projects by addressing market failures through targeted State aid support. The Temporary Crisis and Transition Framework (TCTF) adopted on 9 March 2023 aims at ensuring a level playing field within the internal market, targeted to those sectors where a third- country delocalisation risk has been identified, and proportionate in terms of aid amounts. It wouldneeds however also to enable Member States to put in place measures to support new public investments in production facilities in defined, strategic net-zero sectors, including voffering preferential tax benefitreatment to public companes. The permitted aid amount can be modulated with higher aid intensities and aid amount ceilings if the investment is located in assisted areas, in order to contribute to the goal of convergence between Member States and regions. Appropriate conditions are required to verify the concrete risks of diversion of the investment outside the European Economic Area (EEA) and that there is no risk of relocation within the EEA. To mobilise national resources for that purpose, Member States may use a share of the ETS revenues that Member States have to allocate for climate-related purposes.
Amendment 308 #
2023/0081(COD)
Proposal for a regulation
Recital 42 a (new)
Recital 42 a (new)
(42a) The provision of public subsidies must be transparent and proportionate. When public support is granted, it shall be incompatible with extraordinary dividend payments and share buybacks.
Amendment 309 #
2023/0081(COD)
Proposal for a regulation
Recital 42 b (new)
Recital 42 b (new)
(42b) The Commission shall publish and update regularly an aggregate and disaggregated overview of all European funds disbursed, as well of grants, loans and guarantees effectively offered to companies.
Amendment 313 #
2023/0081(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) Member States can provide support from cohesion policy programmes in line with applicable rules under Regulation (EU) 2021/1060 of the European Parliament and of the Council57 to encourage the take up of net-zero strategic projects in less developed and transition regions through investment packages of infrastructure, productive investment in innovation, manufacturing capacity in SMEs, services, training and upskilling measure, including support to capacity building of the public authorities and promoters. The applicable co-financing rates set in programmes may be up to 85% for less developed regions and up to 60% or 70% for transition regions depending on the fund concerned and the status of the region but Member States may exceed these ceilings at the level of the project concerned, where feasible under State aid rules. The Technical Support Instrument can help Member States and regions in preparing net-zero growth strategies, improve the business environment, reducing red tape and accelerating permitting. Member States should be encouragedand encourage Member States to promote the sustainability of net-zero strategic projects by embedding these investments in European value chains, building notably on interregional and cross border cooperation networks. Public funding should guarantee productive investment, not subsidise private profit, and is therefore incompatible with extraordinary dividend payments and share buybacks. Any European or other public funds used shall result in proportionate public ownership, including of intellectual property rights and know-how. _________________ 57 Regulation (EU) 2021/1060 of the European Parliament and of the Council of 24 June 2021 laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, the Just Transition Fund and the European Maritime, Fisheries and Aquaculture Fund and financial rules for those and for the Asylum, Migration and Integration Fund, the Internal Security Fund and the Instrument for Financial Support for Border Management and Visa Policy (OJ L 231, 30.6.2021, p. 159).
Amendment 334 #
2023/0081(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) To overcome the limitations of the current fragmented public and private investments efforts, facilitate integration and return on investment, the Commission, and Member States should better coordinate and create synergies between the existing funding programmes at Union and national level as well as ensure better coordination and collaboration with industry and key private sector stakeholders. The Net-Zero Europe Platform has a key role to play to build a comprehensive view of available and relevant funding opportunities and to discuss the individual financing needs of net-zero strategic projects. All public investment must be conditionned to high environmental and social standards. These conditions will be set by trade unions and civil society.
Amendment 344 #
2023/0081(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) In order for net-zero technology manufacturing projects to be deployed or expanded as quickly as possible to ensure the Union’s security of supply for net-zero technologies, it is important to create planning and investment certainty by keepreducing the administrative burden on project promoters to a minimumfor investments, without prejudice of a sound assessment of the viability and opportunity of the project. For that reason, permit-granting processes of the Member States for net zero technology manufacturing projects should be streamlined, whilst at the same time ensuring that such projects are safe, secure, environmentally performant, and comply with environmental, social and safety requirements. Union environmental legislation sets common conditions for the process and content of national permit- granting processes, thereby ensuring a high level of environmental protection. Being granted the status of Net-Zero Strategic Project should be without prejudice to any applicable permitting conditions for the relevant projects, including those set out in Directive 2011/92/EU of the European Parliament and of the Council58 , Council Directive 92/43/EEC59 , Directive 2000/60/EC of the European Parliament and of the Council60 , Directive 2004/35/EC of the European Parliament and of the Council61 , and Directive (EU) 2010/75 of the European Parliament and of the Council62 . _________________ 58 Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment (OJ L 26, 28.1.2012, p. 1). 59 Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7). 60 Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1). 61 Directive 2004/35/CE of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage (OJ L 143, 30.4.2004, p. 56). 62 Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (recast) (OJ L 334, 17.12.2010, p. 17).
Amendment 346 #
2023/0081(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) At the same time, the unpredictability, complexity and at times, excessive length of national permit- granting processes undermines the investment security needed for the effective development of net-zero technologies manufacturing projects. Therefore, in order to ensure and speed up their effective implementation, Member States should apply streamlined and predictable permitting procedures. In addition, Net-Zero Strategic Projects should be given priority status at national level to ensure rapid administrative treatment and urgent, while respecting normally applicable treatment in all judicial and dispute resolution procedures relating to them, without preventing competent authorities to streamline permitting for other net-zero technologies manufacturing projects that are not Net- Zero Strategic Projects or more generally.
Amendment 360 #
2023/0081(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) In order to reduce complexity and increase efficiency and transparency, project promoters of net-zero technologies manufacturing projects should be able to interact with a single national authority responsible for coordinating the entire permit granting process and issuing a comprehensive decision within the applicable time limit. To that end, Member States should designate or create a single national and independent competent authority. Depending on a Member State’s internal organisation, it should be possible for the tasks of the national competent authority s to be delegated to a different authority, subject to the same conditions. To ensure the effective implementation of their responsibilities, Member States should provide their national competent authority, or any authority acting on their behalf, with sufficient personnel and resources.
Amendment 361 #
2023/0081(COD)
Proposal for a regulation
Recital 52 a (new)
Recital 52 a (new)
(52a) The competent national authority should comply with high transparency standards. Member States should avoid revolving doors and conflicts of interest, and publish relevant information on an accessible website.
Amendment 362 #
2023/0081(COD)
(53) In order to ensure clarity about the permitting status of Net-Zero Strategic Projects and to limit the effectiveness of potential abusive litigation, while not undermining effective judicial review, Member States should ensure that any dispute concerning permit granting process is resolved in a timely manner. To that end, national competent authorities should ensure that applicants and project promoters have access to a simple dispute settlement procedure and that Net-Zero Strategic Projects are granted urgent treatment in all judicial and dispute resolution procedures relating to them while ensuring respect for the rights of defence. When the case, by its complexity or because of environmental or health and safety implications, requires a more qualitative analysis, the urgency status will be lifted and the time limits assessed on a case-by-case basis.
Amendment 377 #
2023/0081(COD)
Proposal for a regulation
Recital 56 a (new)
Recital 56 a (new)
(56a) In strategic sectors, Member States shall develop one or more European public or non-profit consortiums and/or industrial infrastructures operating in the public interest in order to take these sectors back into public hands, guarantee security of supply and prevent possible shortages of strategic products.
Amendment 379 #
2023/0081(COD)
Proposal for a regulation
Recital 61 a (new)
Recital 61 a (new)
(61a) Short-term, isolated, single stakeholder approaches are no longer sufficient to tackle environmental and climate challenges. Mission-oriented innovation policies, governance, and practices support directed action toward achieving ambitious goals.
Amendment 387 #
2023/0081(COD)
Proposal for a regulation
Recital 63 a (new)
Recital 63 a (new)
(63a) Member States shall be encouraged to develop their own public industrial initiatives, within the framework of a multiannual environmental and social public plan. Such investments shall be driven by the public interest only.
Amendment 397 #
2023/0081(COD)
Proposal for a regulation
Recital 69
Recital 69
(69) At Union level, a Net-Zero Europe Platform, should be established, composed of the Member States and chaired by the Commissiongovernment representatives, trade unions, environmental organisations and local communities. The Net-Zero Europe Platform mayshall advise and assist the Commission and Member States on specific questions and provide a reference body, in which the Commission and Member States coordinate their action and facilitate the exchange of information on issues relating to this Regulation. The Platform shall identify, at the European and National levels, the priorities in the production of net-zero technologies. The Net- Zero Europe Platform should further perform the tasks outlined in the different Articles of this Regulation, notably in relation to permitting, including one-stop shops, Net-Zero Strategic Projects, coordination of financing, access to markets and skills as well as innovative net-zero technologies regulatory sandboxes. Where necessary, the Platform may establish standing or temporary subgroups and invite third parties, such as experts or representatives from net-zero industrie, academics or any relevant representative of the civil society, including trade unions.
Amendment 403 #
2023/0081(COD)
Proposal for a regulation
Recital 69 a (new)
Recital 69 a (new)
(69a) The Net-Zero Platform can serve to develop a coordinated EU approach to addressing the market and policy failures identified in the area of net-zero technology products. The Platform should identify priority R&I projects in the field of net zero technologies in agreement with relevant stakeholders, including trade unions, and contribute to the elaboration and implementing of a long-term European portfolio of strategic net zero R&I projects in collaboration with public and academic research centres at national or European level; ensure and follow-up on the roll-out and availability of innovative net-zero technologies. Additionally, not unlike similar entities in third countries, it can identify and promote revolutionary advances in science; promote the translation of scientific and cutting-edge inventions into technological innovations; and accelerate strategic transformational technological progress.
Amendment 405 #
2023/0081(COD)
Proposal for a regulation
Recital 70 a (new)
Recital 70 a (new)
(70a) Net-Zero Industrial Partnerships will have the objective of contributing to a coordinated publicly-led agenda of large projects in priority areas where problems could be tackled by acting in concert and mobilising a critical mass of funds, as for one the North Sea. Preference shall be given to Partnerships amongst or involving publicly-owned companies.
Amendment 408 #
2023/0081(COD)
Proposal for a regulation
Recital 71
Recital 71
(71) The Union should aim to diversify international trade and investments in net- zero technologies and to promote globally high social and environmental standards shouldmust be done in close cooperation and partnership with like-minded countriecountries, civil society representatives and trade unions. Similarly, stronger research and innovation efforts to develop and deploy net-zero technologies should be pursued in close cooperation with partner countries in an open but assertiveand respectful approach.
Amendment 410 #
2023/0081(COD)
Proposal for a regulation
Recital 73
Recital 73
Amendment 417 #
2023/0081(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes the framework of measures for innovating and scaling up the manufacturing capacity of net-zero technologies in the Union to support the Union’s 2030 target of reducing net greenhouse gas emissions by at least 55 % relative to 1990 levels and, the Union’s 2050 climate neutrality target, as defined by Regulation (EU) 2021/1119 and international commitments such as the Paris Agreement, and to ensure the Union’s access to a secure and sustainable supply of net-zero technologies needed to safeguard the resilience of the Union’s energy system and to contribute to the creation of quality jobs and to reach its sustainability goals.
Amendment 448 #
2023/0081(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point b a (new)
Article 1 – paragraph 2 – point b a (new)
ba) the creation, and maintaining, of quality jobs.
Amendment 462 #
2023/0081(COD)
Proposal for a regulation
Article 1 – paragraph 3 a (new)
Article 1 – paragraph 3 a (new)
3a. Member States' expenses incurred for public investment to achieve the needs set out in this Regulation, shall not be considered for the application of the EU fiscal rules and deficit calculations;
Amendment 489 #
2023/0081(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) ‘net-zero technologies’ means renewable solar photovoltaic and thermal, wind and geothermal energy technologies66 ; electricity and heat storage technologies; heat pumps; grid technologies; renewable fuels of non- biological origin technologies; sustainable alternative fuels technologies67 ; electrolysers and fuel cells; advanced technologies to produce energy from nuclear processes with minimal waste from the fuel cycle, small modular reacto produced to decarbonise industrial processes for which electrification is not currently or in the foreseeable future technically feasible; electrolysers, and related best-in-class fuelsfuel cells ; carbon capture, utilisation, and storage technologies used to prevent CO2 emissions of industrial sectors for which electrification is not currently or in the foreseeable future technically feasible; and energy-system related energy efficiency technologies. They refer to the final products, specific components and specific machinery primarily used for the production of those products. They shall have reached a technology readiness level of at least 8. _________________ 66 ‘renewable energy' means ‘renewable energy’ as defined in Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources 67 ‘sustainable alternative fuels’ means fuels covered by the Proposal for a Regulation of the European Parliament and of the Council on ensuring a level playing field for sustainable air transport, COM/2021/561 final and by the Proposal for a Regulation of the European Parliament and Council on the use of renewable and low-carbon fuels in maritime transport COM/2021/562 final.
Amendment 570 #
2023/0081(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point i
Article 3 – paragraph 1 – point i
(i) ‘net-zero regulatory sandbox’ means a scheme that enables undertakingMember States to test innovative net-zero technologies in a controlled real-world environment, underfollowing a specific planmission- oriented public policy, developed and monitored by a competent authority and in compliance with the precautionary principle as per Article 191 of the Treaty of the Functioning of the European Union.
Amendment 578 #
2023/0081(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point o a (new)
Article 3 – paragraph 1 – point o a (new)
(oa) 'quality jobs' means a work providing good wages, ensuring work security via standard employment contract and access to social protection, giving access to good quality lifelong learning opportunities, securing good working conditions in safe and healthy workplaces, including a reasonable working time with good work-life balance, while ensuring trade union representation and bargaining rights.
Amendment 584 #
2023/0081(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point q
Article 3 – paragraph 1 – point q
(q) ‘CO2 injection capacity’ means the annual amount of CO2 that can be injected in an operational geological storage site, permitted under Directive 2009/31/EC, with the purpose to reduce emissions or increase carbon removals, in particular from large scale industrial installatexclusively from industrial process emissions and which is measured in tonnes per annum;
Amendment 611 #
2023/0081(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. This competent authority shall be composed of representants from the civil society, including trade unions and environmental organisations. It shall comply with the highest standards of transparency.
Amendment 629 #
2023/0081(COD)
Proposal for a regulation
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
3a. The national competent authority shall prioritise projects promoted by public or non-for-profit companies. If no public entity fits the production requirements, the authority may consider creating it and/or examine private projects on the condition that they are in conformity with high social and environmental standards while guaranteeing a public return on investment.
Amendment 636 #
2023/0081(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. The national competent authority shall take into consideration any valid studies conductscience- based, and permits or authorisations issuindependent studies conducted, for a given project before the project entered the permit- granting process in accordance with this Article and shall not require duplicate studies and permits or authorisations, unless otherwise required under Union law.
Amendment 649 #
2023/0081(COD)
Proposal for a regulation
Article 4 – paragraph 7
Article 4 – paragraph 7
7. Member States shall ensure that the national competent authority responsible for the entire permit-granting processes, including all procedural steps, has a sufficient number of qualified staff and sufficient financial, technical and technological resources necessary, including for up- and re-skilladequate training, for the effective performance of its tasks under this Regulation.
Amendment 651 #
2023/0081(COD)
Proposal for a regulation
Article 4 – paragraph 7 a (new)
Article 4 – paragraph 7 a (new)
7a. Member States shall ensure sufficient funding for the national competent authority and all public services mobilised in the development of net-zero technologies.
Amendment 652 #
2023/0081(COD)
Proposal for a regulation
Article 4 – paragraph 8
Article 4 – paragraph 8
8. The Platform referred to in Article 28 and 29 shall periodically discuss the implementation of this Section and Articles 12 and 13 and share best-practices for organising national competent authorities and speeding up permitting procedurreaching climate and energy objectives.
Amendment 653 #
2023/0081(COD)
Proposal for a regulation
Article 4 – paragraph 8 a (new)
Article 4 – paragraph 8 a (new)
8a. On a regular basis, the national competent authority shall, with the participation of trade unions and environmental organisations, identify and prioritize the deficiencies in research facilities and production. It shall communicate its findings to the Platform.
Amendment 706 #
2023/0081(COD)
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 1
Article 6 – paragraph 4 – subparagraph 1
Amendment 709 #
2023/0081(COD)
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 2
Article 6 – paragraph 4 – subparagraph 2
Where competent authorities consider that the proposed project raises exceptional risks for the health and safety of workers or of the general population, and where additional time is necessary to establish that adequate safeguards are put in place, they may extend those time limits by a further 6 months, before their expiry and on a case-by-case basis.
Amendment 712 #
2023/0081(COD)
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
5. In either such event, the competent authority shall inform the project promoter of the reasons for the extension and of the date when the comprehensive decision is expected in writing.
Amendment 718 #
2023/0081(COD)
Proposal for a regulation
Article 6 – paragraph 7 a (new)
Article 6 – paragraph 7 a (new)
7a. For the following net-zero technologies : renewable fuels of non- biological origin technologies; sustainable alternative fuels technologies; electrolysers and fuel cells; carbon capture, utilisation and storage technologies ; the time limits shall be assessed on a case-by-case-basis. Projects shall be preceded by a scientifically sound risk and impact assessmnent, conducted at scale. The participation of local communities, environmental organisations and trade unions shall be ensured. The project shall also be submitted to an anticipatory financial evaluation, to assess its economic viability and opportunity.
Amendment 720 #
2023/0081(COD)
Proposal for a regulation
Article 6 – paragraph 9
Article 6 – paragraph 9
Amendment 764 #
2023/0081(COD)
Proposal for a regulation
Article 9 a (new)
Article 9 a (new)
Article9a Public support Throughout this Regulation, Member States shall ensure that: a) projects supported by public companies or non-for-profit entities get priority and preferential treatment; b) any European or national public funds used, and notably grants, will result in proportionate public ownership. Member states shall guarantee proportionate public ownership of intellectual property rights and know-how; c) any European or national public funds are conditioned to high social and environmental standards, such as quality jobs, long-term environmental impact assessment, and health and safety measures; d) any project benefitting from public financial compensation or support complies with European and applicable national legislation. Companies must guarantee and secure the participation of trade unions, and respect of collective agreements; e) for any form of public support, dividend distribution, share buybacks and variable remuneration payments are banned.
Amendment 773 #
2023/0081(COD)
Proposal for a regulation
Article 10 – paragraph 1 – introductory part
Article 10 – paragraph 1 – introductory part
1. Member States shall recognise as net-zero strategic projects net-zero technology manufacturing projects corresponding to a technology listed in the Annexone of the following technologies : solar PV, solar thermal, wind, geothermal renewable energy technologies ; electricity and heat storage technologies; heat pumps and grid technologies, if identified as a priority by the Net Zero European Platform and located in the Union that contributes to the realisation of the objectives set out in Article 1 of this Regulation and meet at least one of the following criteria:
Amendment 782 #
2023/0081(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point b – introductory part
Article 10 – paragraph 1 – point b – introductory part
(b) the net-zero technology manufacturing project has positive impact on the Union’s net-zero industry supply chain or downstream sectors, beyond the project promoter and the Member States concerned, contributing to the competitiveness and quality job creation of the Union’s net-zero industry supply chain, according to at least three of the following mandatory criteria:
Amendment 786 #
2023/0081(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point b – point i
Article 10 – paragraph 1 – point b – point i
(i) it adds and offers long-term guarantees for significant manufacturing capacity in the Union for net-zero technologies;
Amendment 788 #
2023/0081(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point b – point i a (new)
Article 10 – paragraph 1 – point b – point i a (new)
(ia) it contributes to and reinforces a publicly-led coherent strategy and development plan for net-zero technologies and industry;
Amendment 796 #
2023/0081(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point b – point iii
Article 10 – paragraph 1 – point b – point iii
(iii) it puts into place measures to attract, upskill or reskill a workforce required for net-zero technologies, including through apprenticeships, in close cooperation with social partnerwith the participation of trade unions;
Amendment 806 #
2023/0081(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point b – point iv a (new)
Article 10 – paragraph 1 – point b – point iv a (new)
(iva) it respects collective agreements and workers' right to organise and collective bargaining along with rights to information and consultation, also on merger and investment decisions;
Amendment 814 #
2023/0081(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point b – point iv b (new)
Article 10 – paragraph 1 – point b – point iv b (new)
(ivb) it avoids redundancies and a deterioration of working conditions;
Amendment 816 #
2023/0081(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point b – point iv c (new)
Article 10 – paragraph 1 – point b – point iv c (new)
(ivc) it increases the share of profit that is re-invested and shared equitably with workers and does not pay out dividends while the project is financed through any form of public funding;
Amendment 818 #
2023/0081(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point b – point iv d (new)
Article 10 – paragraph 1 – point b – point iv d (new)
(ivd) its workers are covered by a collective agreement negotiated with trade unions.
Amendment 820 #
2023/0081(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
Amendment 853 #
2023/0081(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
Amendment 863 #
2023/0081(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Applications for recognition of net- zero technology projects as net-zero strategic projects shall be submitted by the project promoter to the relevant Member State's national competent authority referred to in Article 4.
Amendment 870 #
2023/0081(COD)
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2a. Where the nature, complexity, location or size of the proposed project so requires, competent authorities shall assess the time limits on a case-by-case basis.
Amendment 872 #
2023/0081(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Member States shall assess the application referred to in paragraph 1 through a fair and transparent process within a month. The absence of a decision by Member States within that time frame shall constitute an approval of the project.
Amendment 874 #
2023/0081(COD)
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. The Commission may provide its opinion on the approved projects. In the case of a rejection of the application by a Member State, the applicant shall have the right to submit the application to the Commission, which shall assess the application within 20 working days.
Amendment 876 #
2023/0081(COD)
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
Amendment 884 #
2023/0081(COD)
Proposal for a regulation
Article 11 – paragraph 7 a (new)
Article 11 – paragraph 7 a (new)
7a. Projects that, after two years after their implementation, have not fulfilled the objective of creating quality jobs ; of which the private promoter is found to be involved in harmful tax practices or in breach of the Corporate Due Diligence Directive shall lose all rights connected to that status under this Regulation.
Amendment 890 #
2023/0081(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Project promoters and all authorities that, under national law, are competent to issue various permits and authorisations related to the planning, design and construction of immovable assets, including energy infrastructure, shall ensure that for net-zero strategic projects those processes are treated in the most rapid way possible in accordance with Union and national law, without prejudice to any environmental or health requirements.
Amendment 893 #
2023/0081(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Without prejudice to obligations provided for in Union law, Member States shall grant net-zero strategic projects the status of the highest national significance possible, where such a status exists in national law, and be treated accordingly in the permit-granting processes including those relating to environmental assessments and if national law so provides, to spatial planninga priority status, where such a status exists in national law.
Amendment 897 #
2023/0081(COD)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. Without prejudice to the “do no significant harm principle”, Net-zero strategic projects shall be considered to contribute to the security of supply of strategic net-zero technologies in the Union and therefore to be in the public interest. With regard to the environmental impacts addressed in Articles 6(4) and 16(1)I of Directive 92/43/EEC, Article 4(7) of Directive 2000/60/EC and Article 9(1)(a) of Directive 2009/147/EC, net-zero strategic projects in the Union shall be considered as being of public interest and may be considered as having an overriding public interest provided that all the conditions set out in those Directives are fulfilled.
Amendment 899 #
2023/0081(COD)
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. All dispute resolution procedures, litigation, appeals and judicial remedies related to net-zero strategic projects in front of any national courts, tribunals, panels, including mediation or arbitration, where they exist in national law, shall be treated as urgent, if and to the extent to which national law provides for such urgency procedures and provided thashall respect the normally applicable rights of defence of individuals, workers or of local communities would be respected Project promoters of net-zero strategic projects shall participate in such urgency procedure, where applicable.
Amendment 927 #
2023/0081(COD)
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
4. National competent authorities shall ensure that the lack of reply of the relevant administrative bodies within the applicable time limits referred to in this Article results in the specific intermediary steps to be considered as approved, except where the specific project isprojects are subject to an environmental impact assessment pursuant to Council Directive 92/43/EEC or Directive 2000/60/EC, Directive 2008/98/EC, Directive 2009/147/EC, Directive 2010/75/EU, 2011/92/EU or Directive 2012/18/EU or a determination of whether such environmental impact assessment is necessary and the relevant assessments concerned have not yet been carried out, or where the principle of administrative tacit approval does not exist in the national legal system. This provision shall not apply to final decisions on the outcome of the process, which are to be explicit. All decisions shall be made publicly available.
Amendment 944 #
2023/0081(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The Commission and the Member States shall undertake activities to accelerate and crowd-in private investments in net-zero strategic projects. Such activities may, without prejudice to Article 107 and Article 108 of the TFEU, include providing and coordinating support to net-zero strategic projects facing difficulties in accessing finance. Any such support shall be conditioned to high social and environmental standards.
Amendment 958 #
2023/0081(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point b
Article 14 – paragraph 2 – point b
(b) assistance to project promoters to further increasguarantee the public acceptancepproval of the project, through the involvement of trade unions, local communities and civil society representatives.
Amendment 979 #
2023/0081(COD)
Proposal for a regulation
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
1a. The Net-Zero Europe Platform shall discuss European needs of both critical and strategic raw materials as defined in the Critical Raw Materials Act in order to reach the goals set in the present regulation. The conclusions shall be made public.
Amendment 998 #
2023/0081(COD)
Proposal for a regulation
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
Amendment 1006 #
2023/0081(COD)
Proposal for a regulation
Article 16 – title
Article 16 – title
Amendment 1012 #
2023/0081(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
Amendment 1057 #
2023/0081(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point c
Article 17 – paragraph 2 – point c
Amendment 1067 #
2023/0081(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point c a (new)
Article 17 – paragraph 2 – point c a (new)
(ca) for each project, a sound risk assessment with mitigation measures;
Amendment 1082 #
2023/0081(COD)
Proposal for a regulation
Article 18 – title
Article 18 – title
Contribution of authorised oil and gafossil fuels producers
Amendment 1094 #
2023/0081(COD)
Proposal for a regulation
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
1a. All investments for carbon, capture and storage designed to mitigate private sector emissions shall be supported by private capital.
Amendment 1102 #
2023/0081(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. Following the receipt of the reports submitted pursuant to Article 17 (2), the Commission after having consulted Member States and, interested parties, trade unions, environmental organisations and local communities, shall specify the share of the contribution to the Union CO2 injection capacity objective by 2030 from entities referred to in paragraph 1.
Amendment 1118 #
2023/0081(COD)
Proposal for a regulation
Article 18 – paragraph 4 – point b a (new)
Article 18 – paragraph 4 – point b a (new)
(ba) explain how the entity intends to reduce their direct emissions with a detailed schedule including reduction targets (percentages and timescales).
Amendment 1168 #
2023/0081(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. COn the basis of priorities identified by the Platform, contracting authorities or contracting entities shall base the award of contracts for net-zero technology listed in the Annex in a public procurement procedure on the most economically advantageous tender, which shall include the best price-quality ratio, comprising at least the sustainability and resilience contribution of the tender to the Union's climate and energy goals, in compliance with Directives 2014/23/EU, 2014/24/EU, or 2014/25/EU and applicable sectoral legislation, as well as with the Union’s international commitments, including the Paris Agreement, the GPA and other international agreements by which the Union is bound.
Amendment 1179 #
2023/0081(COD)
Proposal for a regulation
Article 19 – paragraph 2 – point a
Article 19 – paragraph 2 – point a
(a) environmental and social sustainability going beyond the minimum requirements in applicable legislation, including job quality criteria, mechanisms to incentivise quality apprenticeship, measures to improve diversity at work as well as the respect of collective agreements and trade unions' right to negotiate;
Amendment 1209 #
2023/0081(COD)
Proposal for a regulation
Article 19 – paragraph 2 – point d a (new)
Article 19 – paragraph 2 – point d a (new)
(da) the tender’s commitment to guarantee quality jobs;
Amendment 1211 #
2023/0081(COD)
Proposal for a regulation
Article 19 – paragraph 2 – point d b (new)
Article 19 – paragraph 2 – point d b (new)
(db) the tender’s contribution to the lowest possible carbon footprint;
Amendment 1212 #
2023/0081(COD)
Proposal for a regulation
Article 19 – paragraph 2 – point d c (new)
Article 19 – paragraph 2 – point d c (new)
(dc) the tender’s contribution to a sustainable use of of critical and strategic raw materials as set in Critical Raw Materials Act.
Amendment 1226 #
2023/0081(COD)
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. Contracting authorities and contracting entities shall give the tender’s sustainability and resilience contribution a weight between 15% andof at least 30% of the award criteria, without prejudice of the application of Article 41 (3) of Directive 2014/23/EU, Article 67 (5) of Directive 2014/24/EU or Article 82 (5) of Directive 2014/25/EU for giving a higher weighting to the criteria referred to in paragraph 2, points (a) and (b).
Amendment 1237 #
2023/0081(COD)
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. The contracting authority or the contracting entity shall not be obliged to apply the considerations relating to the sustainability and resilience contribution of net-zero technologies where their application would oblige that authority or entity to acquire equipment having disproportionate costs, or technical characteristics different from those of existing equipment, resulting in incompatibility, technical difficulties in operation and maintenance. Cost differences above 120% may be presumed by contracting authorities and contracting entities to be disproportionate.This provision shall be without prejudice of the possibility to exclude abnormally low tenders under Article 69 of Directive 2014/24/EU and Article 84 of Directive 2014/25/EU, and without prejudice to other contract award criteria according to the EU legislation, including social aspects according to Articles 30 (3) and 36 (1), second intent of Directive 2014/23/EU, Articles 18 (2) and 67 (2) of Directive 2014/24/EU and Articles 36 (2) and 82 (2) of Directive 2014/24/EU. This provision shall be without prejudice to high environmental and social standards.
Amendment 1249 #
2023/0081(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Without prejudice to Article 4 of Directive (EU) 2018/2001 and Articles 107 and 108 the Treaty, and to the Union’s international commitments including the Paris Agreement, the GPA and other international agreements by which the Union is bound, Member States, regional or local authorities, bodies governed by public law or associations formed by one or more such authorities or one or more such bodies governed by public law, shall assess the sustainability and resilience contribution as referred to in Article 19(2) of this Regulation when designing the criteria used for ranking bids in the framework of auctions, the aim of which is to support the production or consumption of energy from renewable sources as defined in Article 2, point (1) of Directive (EU) 2018/2001.
Amendment 1259 #
2023/0081(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The sustainability and resilience contribution shall be given a weight between 15% andat least 30% of the award criteria, without prejudice of the possibility to give a higher weighting to the criteria in Article 19(2), points (a) and (b), where applicable under Union legislation, and of any limit for non- price criteria set under State aid rules.
Amendment 1269 #
2023/0081(COD)
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. The Member States, regional or local authorities, bodies governed by public law or associations formed by one or more such authorities or one or more such bodies governed by public law shall not be obliged to apply the considerations relating to the sustainability and resilience contribution of net-zero technologies where their application would oblige those entities to acquire equipment having disproportionate costs, or technical characteristics different from those of existing equipment, resulting in incompatibility, technical difficulties in operation and maintenance. Cost differences above 120% may be presumed by contracting authorities and contracting entities to be disproportionate.
Amendment 1277 #
2023/0081(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Without prejudice to Articles 107 and 108 of the Treaty and Article 4 of Directive 2018/200173 and iIn line with the Union’s international commitments, when deciding to set up schemes benefitting households or consumers which incentivise the purchase of net-zero technology final products listed in the Annex, Member States, regional or local authorities, bodies governed by public law or associations formed by one or more such authorities or one or more such bodies governed by public law, shall design them in such a way as to promote the purchase by beneficiaries of net-zero technology final products with a high sustainability and resilience contribution as referred in Article 19(2), by providing additional proportionate financial compensation. _________________ 73 Directive 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources
Amendment 1286 #
2023/0081(COD)
Proposal for a regulation
Article 21 – paragraph 1 a (new)
Article 21 – paragraph 1 a (new)
1a. Member States shall systematically prioritise publicly-led or non-for-profit projects.
Amendment 1287 #
2023/0081(COD)
Proposal for a regulation
Article 21 – paragraph 1 b (new)
Article 21 – paragraph 1 b (new)
1b. Any European or national public funds used shall result in proportionate public ownership. Where relevant Member states shall guarantee proportionate public ownership of intellectual property rights and know- how.
Amendment 1288 #
2023/0081(COD)
Proposal for a regulation
Article 21 – paragraph 1 c (new)
Article 21 – paragraph 1 c (new)
1c. Any European or national public funds used shall be conditioned to high social and environmental standards, such as quality jobs, long-term environmental impact assessment, and health and safety measures.
Amendment 1289 #
2023/0081(COD)
Proposal for a regulation
Article 21 – paragraph 1 d (new)
Article 21 – paragraph 1 d (new)
1d. Any project or scheme benefitting from public financial compensation or support shall comply with European and applicable ational legislation. Companies must guarantee and secure the participation of trade unions, and respect of collective agreements.
Amendment 1295 #
2023/0081(COD)
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
3. When designing and implementing a scheme falling under paragraph 1, the authority shall base itself on an open, non- discriminatory and transparent process to assess the resilience and sustainability contribution of available products on the market. Any net-zero technology final product shall be entitled to apply to join the scheme at any time. The authority shall specify a pass mark for products to be eligible to the additional financial compensation under the support scheme.
Amendment 1351 #
2023/0081(COD)
Proposal for a regulation
Chapter VI – title
Chapter VI – title
VI IMission-oriented public innovation policy
Amendment 1354 #
2023/0081(COD)
Proposal for a regulation
Article 26 – paragraph -1 (new)
Article 26 – paragraph -1 (new)
Amendment 1357 #
2023/0081(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
Amendment 1360 #
2023/0081(COD)
Proposal for a regulation
Article 26 – paragraph 1 a (new)
Article 26 – paragraph 1 a (new)
1a. Member States shall avoid restrictive forms of intellectual property to facilitate use and sharing of technology and know-how, including through open- source and open-access partnerships;
Amendment 1369 #
2023/0081(COD)
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
3. The participation in the net-zero regulatory sandboxes shall not affect the supervisory and corrective powers of the authorities supervising the sandbox. The testing, development and validation of innovative net-zero technologies shall take place under the direct supervision and guidance of the competent authorities. The competent authorities shall exercise their supervisory powers in a flexible manner within the limits of the relevant legislation, adapting existing regulatory practices and using their discretionary powers when implementing and enforcing legal provisions to a specific net-zero regulatory sandbox project, with the objective of removing barriers, alleviating regulatory burden, reducing regulatory uncertainty, and supporting innovation in net-zero technologies.
Amendment 1373 #
2023/0081(COD)
Proposal for a regulation
Article 26 – paragraph 4
Article 26 – paragraph 4
4. Where relevant to achieve the objective of this article, the competent authorities shall consider granting derogations or exemptions to the extent allowed by the relevant Union or national law. The competent authorities shall ensure that the sandbox plan ensures respect for the key objectives and essential requirements of the EU and national legislation. Competent authorities shall make sure that any significant risks to health, safety or the environment identified during the development and testing of innovative net-zero technologies is publicly communicated and results in immediate suspension of the development and testing process until such risk is mitigated. Where competent authorities consider that the proposed project raises exceptional risks for the health and safety of workers, of the general population, or of the environment, in particular because it relates to testing, development or validation involving particularly toxic substances, they shall only approve the sandbox plan once they are satisfied that adequate safeguards have been put in place commensurate with the exceptional risk identified.
Amendment 1377 #
2023/0081(COD)
Proposal for a regulation
Article 26 – paragraph 5
Article 26 – paragraph 5
Amendment 1381 #
2023/0081(COD)
Proposal for a regulation
Article 26 – paragraph 6
Article 26 – paragraph 6
6. Participants in the innovative net- zero regulatory sandbox shall remain liable under applicable Union and Member States’ liability legislation for any harm inflicted on third parties or the environment as a result of the testing taking place in the regulatory sandbox.
Amendment 1390 #
2023/0081(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Member States shall take into account the specific interests and needs of small and medium enterprises , and provide adequate administrative support to take part in the regulatory sandboxes. Without prejudice to the application of Articles 107 and 108 of the Treaty, Member States should inform small and medium enterprises of available financial support to their activities in the regulatory sandboxes.
Amendment 1395 #
2023/0081(COD)
Proposal for a regulation
Article 28 – paragraph 2 a (new)
Article 28 – paragraph 2 a (new)
2a. With the participation of trade unions, environmental organisations, and local communities, the Platform shall, at the European and national levels and on a yearly basis, provide a list of priorities short and long term priorities for the net- zero industrial production in Europe.
Amendment 1396 #
2023/0081(COD)
Proposal for a regulation
Article 28 – paragraph 2 b (new)
Article 28 – paragraph 2 b (new)
2b. The Platform shall contribute to a coordinated EU-approach to addressing the market and policy failures and identify priority R&I projects in the field of net zero technologies in agreement with relevant stakeholders, including trade unions;
Amendment 1397 #
2023/0081(COD)
Proposal for a regulation
Article 28 – paragraph 2 c (new)
Article 28 – paragraph 2 c (new)
2c. The Platform shall contribute to the elaboration and implementing of a long-term European portfolio of strategic net zero R&I projects in collaboration with public and academic research centres at national or European level, trade unions, and other relevant stakeholders.
Amendment 1401 #
2023/0081(COD)
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. The Platform mayshall advise and assist the Commission and Member States in relation to their actions to reach the objectives outlined in Chapter I of this RegulationEuropean and international climate commitments, taking into account Member States’ national energy and climate plans submitted under Regulation (EU) 2018/199975 . _________________ 75 Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council (Text with EEA relevance.), (OJ L 328, 21.12.2018, p. 1).
Amendment 1408 #
2023/0081(COD)
Proposal for a regulation
Article 28 – paragraph 4 – introductory part
Article 28 – paragraph 4 – introductory part
4. The Commission and Member States may coordinate within the Platform on the Net-Zero Industrial Partnerships and also with relevant third countries to help promote the adoption of net-zero technologies globally and to support the role of Union industrial capabilities in paving the way for the global clean energy transition, in line with the overall objectives of this Regulation stemming from Article 1 of this Regulation. The Platform may periodicshally discuss:
Amendment 1409 #
2023/0081(COD)
Proposal for a regulation
Article 28 – paragraph 4 – point -a (new)
Article 28 – paragraph 4 – point -a (new)
(-a) the identification of strategic priorities for the public production of net- zero technologies;
Amendment 1410 #
2023/0081(COD)
Proposal for a regulation
Article 28 – paragraph 4 – point -a a (new)
Article 28 – paragraph 4 – point -a a (new)
Amendment 1411 #
2023/0081(COD)
Proposal for a regulation
Article 28 – paragraph 4 – point a
Article 28 – paragraph 4 – point a
(a) how to improve cooperationand promote cooperation, know-how and technology sharing along the net-zero value chain between the Union and third countries;
Amendment 1431 #
2023/0081(COD)
Proposal for a regulation
Article 28 – paragraph 4 a (new)
Article 28 – paragraph 4 a (new)
4a. Member states shall take into account the priorities identified by the platform when granting permits, Net Zero Strategic projects statuses, or public procurements.
Amendment 1435 #
2023/0081(COD)
Proposal for a regulation
Article 28 – paragraph 5
Article 28 – paragraph 5
5. Member States shall support the Commission in the implementation of the cooperation measures set out in the Net- Zero Industrial Partnership. Net-Zero Industrial Partnerships will have the objective of facilitating trade among participants, including by favouring necessarysustainable public investments within the Union and in third countries, enhancing resilience and sustainability of the supportive value chains, and guaranteeing a level playing field.
Amendment 1437 #
2023/0081(COD)
Proposal for a regulation
Article 28 – paragraph 5 a (new)
Article 28 – paragraph 5 a (new)
5a. The Platform shall comply to the highest standards of transparency. Its activities shall be reported on an accessible and public website.
Amendment 1441 #
2023/0081(COD)
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. The Platform shall be composed Member States and of the Commission. It shall be chaired by a representative of the Commissionof government representatives, trade unions, environmental organisations and local communities. It chooses its Chair among its members.
Amendment 1449 #
2023/0081(COD)
Proposal for a regulation
Article 29 – paragraph 2 a (new)
Article 29 – paragraph 2 a (new)
2a. When appointing representatives to the Platform, Member states shall examine and avoid potential ‘revolving door’ situations as well as the associated risk of conflict of interests. Experts and members of the Platform shall be free from any conflicting interests.
Amendment 1451 #
2023/0081(COD)
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. On a proposal by the Commission, tThe Platform shall adopt its rules of procedure by a simple majority of its members.
Amendment 1452 #
2023/0081(COD)
Proposal for a regulation
Article 29 – paragraph 4 a (new)
Article 29 – paragraph 4 a (new)
4a. The meetings of the Platform shall be recorded and actions shall be clearly communicated to the Members and the public through on an accessible website.
Amendment 1466 #
2023/0081(COD)
Proposal for a regulation
Article 29 – paragraph 8
Article 29 – paragraph 8
8. Where appropriate, the Platform or the Commission may invite experts and other third partie, academics and civil society representatives including trade unions to Platform and sub- group meetings or to provide written contributions.
Amendment 1471 #
2023/0081(COD)
Proposal for a regulation
Article 29 – paragraph 9
Article 29 – paragraph 9
9. The Platform shall take the necessary measures to ensure the safe handling and processing of confidential and commercially sensitive informationransparency of its activities.
Amendment 1472 #
2023/0081(COD)
Proposal for a regulation
Article 29 – paragraph 11
Article 29 – paragraph 11
Amendment 1484 #
2023/0081(COD)
Proposal for a regulation
Article 31 – paragraph 1 – point a a (new)
Article 31 – paragraph 1 – point a a (new)
(aa) the progress with respect to the decarbonisation of the industry;
Amendment 1485 #
2023/0081(COD)
Proposal for a regulation
Article 31 – paragraph 1 – point a b (new)
Article 31 – paragraph 1 – point a b (new)
(ab) the progress with respect to the creation of quality jobs.
Amendment 1486 #
2023/0081(COD)
Proposal for a regulation
Article 31 – paragraph 1 – point b
Article 31 – paragraph 1 – point b
Amendment 1518 #
2023/0081(COD)
Proposal for a regulation
Article 36 – paragraph 4
Article 36 – paragraph 4
Amendment 190 #
2023/0077(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Very high prices and volatility in electricity markets have been observed since September 2021. As set out by the European Agency for the Cooperation of Energy Regulators (‘ACER’) in its April 2022 assessment of EU wholesale electricity market design17,this is mainly a consequence ofJuly 2021. This is mainly a consequence of the design of the liberalised energy market. Additional factors such as the high price of gas, which is used as an input to generate electricity. _________________ 17 European Union Agency for the Cooperation of Energy Regulators, ACER’s Final Assessment of the EU Wholesale Electricity Market Design, April 2022, and maintenance, corrosion problems and outages experienced in several nuclear reactors further amplified the increase in electricity prices.
Amendment 191 #
2023/0077(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) As expressed by the President of the European Commission Ursula van der Leyen1a, the skyrocketing electricity prices exposed the limitations of the current market design, and there is a need for a structural reform of the electricity market. The high prices of electricity depend of the expensive fossil-based (gas and coal) electricity production as it is based on an algorithm that rely on a discriminatory marginal pricing system where the actual production cost of electricity is not being taken into account. The reform should prepare the ground for other price formulation system, which should reflect the average production costs to avoid speculation and unjust windfall profit. _________________ 1a European Parliament Plenary session 08/06/202 - Conclusions of the special European Council meeting of 30-31 May 20222
Amendment 201 #
2023/0077(COD)
Proposal for a regulation
Recital 6
Recital 6
Amendment 205 #
2023/0077(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
Amendment 210 #
2023/0077(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The current electricity market design has also helped the emergence of new and innovative products, services and measures on retail electricity markets, supporting energy efficiency and renewable energy uptake and enhancing choice so as to help consumers reduce their energy bills also through small-scale generation installations and emerging services for providing demand response. Building on and seizing the potential of the digitalisation of the energy system, such as active participation by consumers, should be a key element of our future electricity markets and systems. At the same time, there is a need to respect consumer choices and allow consumers to benefit from a variety of contract offers.
Amendment 213 #
2023/0077(COD)
(7a) Electricity is a universal service of general economic interest and is vital to maintaining a decent standard of living to protect people’s dignity and integrity as required by Article 3 of the Charter of the Fundamental Rights of the European Union. It provides essential functions such as adequate and clean heating, hot water, cooling, lighting, cooking, and powering appliances. The Union recognises that people have a right to energy as a universal service in line with Article 36 of the Charter of the Fundamental Rights of the European Union and Principle 20 of the European Pillar of Social Rights to fully ensure realisation of the Sustainable Development Goal 7 that the Union committed itself at the United Nations Summit on Sustainable Development on 25 September 2015 to implementing the resolution containing the outcome document entitled ‘Transforming our world: the 2030 Agenda for Sustainable Development’. Therefore Member States shall guarantee planning and financing policies are needed to provide affordable and decarbonised electricity to all consumers. Therefore, electricity should be considered as common good and as such all citizens of the European Union should be entitled an affordable access as a fundamental right.
Amendment 220 #
2023/0077(COD)
Proposal for a regulation
Recital 12
Recital 12
Amendment 228 #
2023/0077(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) To ensure the efficient integration of electricity generated from variable renewable energy sources and to reduce the need for fossil-fuel based electricity generation in times when there is high demand for electricity combined with low levels of electricity generation from variable renewable energy sources, it should be possible for transmission system operators to design a peak shaving product enabling demand response to contribute to decreasing peaks of consumption in the electricity system at specific hours of the day. The peak shavinghe Commission, together with ACER and ENTSO-E, should assess the impacts on the functioning of the electricity market of the introduction of peak shaving products by the transmission and distribution system operators outside electricity price crisis situations. These products should contribute to maximize the integration of electricity produced from renewable sources into the system by shifting the electricity consumption to moments of the day with higher renewable electricity generation. As the peak shaving product aims to reduce and shift the electricity consumption, the scope of this product should be limited tohelp to reduce the electricity demand and price during peak hours, while ensuring these products do not to distort the functioning of the day- ahead, intraday and balancing markets and do not cause a redirection of demand side response. The procurement of the peak shaving product should take place in such a way that it does not overlap with the activation services towards peak shaving products. The assessment should also evaluate the possibility of balancing products which aim at maintaining the frequency of the electricity system stable. In order to verify volumes of activated demand reduction, the transmission system operator should use a baseline reflecting the expected electricity consumption without the activation of the peak shaving productlowing transmission and distribution system operators to own energy storage facilities, which costs should be supported through grid access tariffs.
Amendment 242 #
2023/0077(COD)
Proposal for a regulation
Recital 20
Recital 20
Amendment 254 #
2023/0077(COD)
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22a) The energy transition requires a rapid acceleration in the deployment of renewables, onshore and offshore, and electrified demand promoting sector coupling. Such a prompt ramp-up of installations, together with the inherent complexities of managing an electricity system with variable and distributed resources, is posing substantial challenges to the grids. In general, the transmission grid will incorporate large amounts of onshore and offshore renewable capacities and transmit the electricity to demand areas, further interconnect Member States and enable flows from distributed renewables to other demand areas. The distribution grid will incorporate most new onshore renewable capacities and electrified and smart household demand. National regulatory authorities will play a central role in ensuring that enough investment goes into the necessary grid development, expansion and reinforcement. Surplus revenues should be fairly distributed between the consumers and to support investments. Regulatory authorities should promote the utilisation of anticipatory investments, encouraging the acceleration of grid development to meet the accelerated deployment of renewable generation and smart electrified demand such as electric vehicles and heat pumps. This may be the case in particular for designated renewables acceleration areas where anticipatory investments will be instrumental in ensuring that grids become enablers and not bottlenecks.
Amendment 257 #
2023/0077(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Offshore renewable energy sources, such as offshore wind, ocean energy and floating photovoltaic, will play an instrumental role in building a power system largely based on renewables and in ensuring climate neutrality by 2050. There are, however, substantial obstacles to their wider and efficient deployment preventing the massive scale up needed to achieve those objectives. Similar obstacles could arise for other offshore technologies in the future. These obstacles include investment risks associated with the unique topographical situation of offshore hybrid projects connected to more than one market. In order to reduce investment risk for these offshorof those projects developers and to ensure that the projects in an offshore bidding zone have full market access to the surrounding markets, transmission system operators should guarantee access of the offshore project to the capacity of the respective hybrid interconnector for all market time units. If the available transmission capacities are reduced to the extent that the full amount of electricity generation that the offshore project would have otherwise been able to export cannot be delivered to the market, the transmission system operator or operators responsible for the need to limit the capacity should, in future, be enabled to compensate the offshore project operator commensurately using congestion income. This compensation should only be related to the production capability available to the market, which may be weather dependent and excludes the outage and maintenance operations of the offshore project. The details, including the conditions under which the measure may expire, are intended to be defined in an implementing Regulasupport schemes could be designed to introduce compensations when these projects have reduced access to interconnected markets due to grid congestion.
Amendment 262 #
2023/0077(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Given the role of the price in the day-ahead market as a reference for the price in other wholesale electricity markets, and the fact that all market participants receive the clearing price, the technologies with significantly lower marginal costs have consistently recorded high revenues. The marginal pricing design per se should be removed onto a fairer model of price setting, based on production costs.
Amendment 275 #
2023/0077(COD)
Proposal for a regulation
Recital 29 a (new)
Recital 29 a (new)
(29a) The Commission should evaluate the best fitting implementation instruments to ensure that the Power Purchase Agreements are accessible to all types of customers and market participants, including SMEs. This is necessary to address the risk of preserving the most advantageous contracts to large scale consumers, such as energy intensive industries. Furthermore, Member States should implement measures to ensure that the price settled in a Power Purchase Agreements is representative enough of the production cost to prevent unfair competition.
Amendment 285 #
2023/0077(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) In view of the need to provide regulatory certainty of producers, the obligation for Member States to apply direct price support schemes for the production of electricity in the form of two-way contracts for difference should apply only to newto all investments and existing capacity for the generation of electricity from the sources specified in the recital above.
Amendment 289 #
2023/0077(COD)
Proposal for a regulation
Recital 35
Recital 35
Amendment 292 #
2023/0077(COD)
Proposal for a regulation
Recital 36
Recital 36
Amendment 297 #
2023/0077(COD)
Proposal for a regulation
Recital 37 a (new)
Recital 37 a (new)
(37a) The most needed deployment of variable renewable energy generation will only reach its full potential with the deployment of additional energy storage. The future energy system will need more flexibility, stability and reliability to achieve the objectives of the European Green Deal and the Climate Law. Energy storage should play a crucial role in the current and future energy system. It can help decarbonise the economy and increase the efficiency and security of energy supply by providing flexibility, stability and reliability. Energy storage can also lower electricity prices during peak times, reduce price fluctuations and empower consumers to adapt their energy consumption to prices and their needs. Member States should define separate national quantifiable objectives for demand response and energy storage which should be reflected in their integrated national energy and climate plans. As the single market is not well designed to ensure adequate remuneration to energy storage capacity owners, transmission and distribution system operators should be allowed to own energy storage capacities. To achieve the goal of price stability and the decarbonisation of our electricity production, the development of energy storage should not be on a profit-based model. In the light of those plans, the Commission should assess the coherence between the Member States' national targets and the needs of the Union electricity system and propose, where appropriate, measures at EU level to boost demand response and energy storage.
Amendment 306 #
2023/0077(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) To achieve the national objective for non-fossil flexibility such as demand side response and storage investment needs, Member States can design or redesign capacity mechanisms in order to create a green and flexible capacity mechanism. Member States that apply a capacity mechanism in line with the existing rules should promote the participation of non-fossil flexibility such as demand side response and energy storage by introducing additional criteria or features in the design.
Amendment 310 #
2023/0077(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) To support environmental protection objectives the CO2 emissions’ limit, set out in Article 22(4) of Regulation (EU) 2019/943 of the European Parliament and of the Council, should be seen as an upper limit. This limit should be reviewed periodically by the Commission and gradually lowered with the objective to reach 250g CO2 of fossil fuel origin per kWh of electricity in 2040. Therefore, Member States could set technical performance standards and CO2 emissions’ limits that restrict participation in capacity mechanisms to flexible, fossil-free technologies in full alignment with the Guidelines on State aid for climate, environmental protection and energy27which encourage Member States to introduce green criteria in capacity mechanisms. _________________ 27 Communication from the Commission – Guidelines on State aid for climate, environmental protection and energy 2022 (OJ C 80, 18.2.2022, p. 1).
Amendment 318 #
2023/0077(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) In addition, if Member States do not apply a capacity mechanism or if the additional criteria or features in the design of their capacity mechanism are insufficient to achieve national objective for demand response and storage investment needs they could apply flexibility support schemes consisting of payments for the available capacity of non- fossil flexibility such as demand side response and energy storage.
Amendment 327 #
2023/0077(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) During the energy crisis, consumers have been exposed to extremely volatile wholesale energy prices and had limited opportunities to engage in the energy market. Consequently, many households, have been facing difficulties when paying their bills. Vulnerable consumers and the energy poor are the hardest hit28, but middle-income households have also been exposed to such difficulties. High energy prices have a negative impact on consumers' health, well-being, social inclusion and quality of life : the energy crisis claimed 68,000 lives in Europe1a. It prevents people from adequately heating or cooling their homes, and forces them to live in such conditions that increase health risks (cardiac and respiratory problems for instance).It is therefore important to update consumer rights and protections, allowing consumers to benefit from the energy transition, decouple their electricity bills from short term price movements on energy markets and rebalance the risk between suppliers and consumers. _________________ 1a Study published in The Economist, May 10th 2023 28 Particular groups are more at risk of being affected by energy poverty or more susceptible to the adverse impacts of energy poverty, such as women, persons with disabilities, older persons, children, and persons with a minority racial or ethnic background.
Amendment 328 #
2023/0077(COD)
Proposal for a regulation
Recital 43 a (new)
Recital 43 a (new)
(43a) Electricity should be considered as an essential service, a Common that no one should be deprived of to live with dignity. A basic amount of energy, allowing the basic needs of households linked to health and dignity should be considered as a right and must be allowed freely or through an affordable price. This amount should guarantee adequate warmth, cooling, lighting, and energy to power appliances, that are essential services that underpin a decent standard of living and health1a _________________ 1a https://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32 020H1563 Commission Recommendation EU 2020/1563 of 14/10/2020 on energy poverty
Amendment 339 #
2023/0077(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) Active customers that own, lease or rent a storage or generation facility should have the right to share excess production and empower other consumers to become active, or to share the renewable energy generated or stored by jointly leased, rented or owned facilities, either directly or through a third-party facilitator. The development of energy sharing facilities should take into account the large scale constraints and requirements of the grid system. Energy sharing arrangements are either based on private contractual agreement between active customers or organised through a legal entity. A legal entity that incorporates the criteria of a renewable energy community as defined in Directive (EU) 2018/2001 of the European Parliament and of the Council or a citizen energy community as defined in Directive (EU) 2019/944 of the European Parliament and of the Council can share with their members electricity generated from facilities they have in full ownership. The protection and empowerment framework for energy sharing should pay particular attention to energy poor and vulnerable consumers. The Commission should provide within the two years following the entry in force of this directive an impact assessment on the additional cost generated for the transmission and distribution system operators.
Amendment 342 #
2023/0077(COD)
Proposal for a regulation
Recital 51
Recital 51
(51) Energy sharing operationalises the collective consumption of self-generated or stored electricity injected into the grid by more than one jointly acting active customers. Member States should put in place the appropriate IT infrastructure to allow for the administrative matching within a certain timeframe of consumption with self-generated or stored renewable energy for the purpose of calculating the energy component of the energy bill. The output of these facilities should be distributed among the aggregated consumer load profiles based on static, variable or dynamic calculation methods that can be pre-defined or agreed upon by the active customers. Active customers participating in energy sharing should be financially responsible for the imbalances and impact they may cause to the electricity system, either directly or indirectly. All consumer rights and obligations in this Directive will apply to final customers participating in energy sharing schemes. However, households with an installed capacity up to 10.8 kW for single households and up to 50 kW for multi-apartment blocks should not be required to comply with the obligations of suppliers.
Amendment 345 #
2023/0077(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) Vulnerable customers should be adequately protected from electricity disconnections and should, as well, not be put in a position that forces them to disconnect. Therefore, Member States should prohibit electricity disconnections of households and SMEs and ensure that household customers receive electricity supply to cover their basic needs, such as lighting, water heating and cooking, space heating and cooling, access to information and communication technologies. Member States should also complement these rights with the adoption of specific measures for the winter season and the summer season, for household customers to help manage their consumption and avoid high settlement bills. The role of suppliers and all relevant national authorities to identify appropriate measures, in both the short and the long- term, which should be made available to vulnerable customers to manage their energy use and costs remain essential, including by means of close cooperation with social security systems. Any disconnection should always result from a judicial decision and should not be the sole decision of an electricity supplier.
Amendment 347 #
2023/0077(COD)
Proposal for a regulation
Recital 52 a (new)
Recital 52 a (new)
(52a) Electricity disconnections should be banned all year long, to protect households' dignity and take into account future heat waves or meteorologic events. It should also be banned and for all types of customers, not only the “vulnerables”, as not being able to pay an energy bill should be a vulnerability criterion in itself. A consumer who is in default of payment and whose energy is cut off is not a bad payer but is a vulnerable consumer who, before being cut off, has reduced his budget for food, leisure or health.
Amendment 348 #
2023/0077(COD)
Proposal for a regulation
Recital 52 b (new)
Recital 52 b (new)
(52b) Power limitation, allowing essential services, should be an alternative to disconnections.
Amendment 350 #
2023/0077(COD)
Proposal for a regulation
Recital 53
Recital 53
Amendment 363 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
(b) set fundamentals principles for well-functioning, integrated electricity markets, which allow all resource providers and electricity customers non- discriminatory market access, enable the development of forward electricity markets to allow suppliers and consumers to hedge or protect themselves against the risk of future volatility in electricity prices, empower consumers, ensure competitiveness on the global marketto ensure the establishment of a price of electricity based average production costs and amortization instead of marginal pricing system, enhance flexibility through demand response, energy storage and other non- fossil flexibility solutions, ensure energy efficiency, facilitate aggregation of distributed demand and supply, and enable market and sectoral integration and market-based remuneration of electricity generated from renewable sources ;
Amendment 377 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 a (new)
Article 1 – paragraph 1 – point 1 a (new)
(1a) This article is without prejudice to the right of Member States to organise through a public monopoly the production, distribution and supply of electricity, in line with article 3a of the revised 2019/944 directive.
Amendment 389 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2019/943
Article 2 – point 73
Article 2 – point 73
(73) ‘peak shaving’ means the ability of market participants to reduce electricity consumption at peak hours determined by the transmission system operator;
Amendment 391 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2019/943
Article 2 – point 74
Article 2 – point 74
Amendment 399 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
REGULATION (EU) 2019/943
Article 2 – point 76
Article 2 – point 76
(76) ‘two-way contract for difference’ means a contract signed between a power generating facility operator and a counterpart, usually a public entity, that provides both minimum remuneration protection and a limit to excess remuneration; the contract is designed to preserve incentives for the generating facility to operate and participate efficiently in the electricity markets and complies with the principles set out in Article 4(2) and Article 4(3), first and third subparagraphs, of Directive (EU) 2018/2001; which amount is decided by public authorities and based on the assessment of the cost of electricity generation and amortization of the investment of the generating facility.
Amendment 400 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2019/943
Article 2 – point 77
Article 2 – point 77
(77) ‘power purchase agreement’ or ‘PPA’ means a contract under which a natural or legal person agrees to purchase electricity from an electricity producer on a market basis;public authority decides a fixed price for the remuneration of a generating facility producer, based on the costs of generation of the electricity and amortization of the infrastructure.
Amendment 407 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2019/943
Article 2 – point 78
Article 2 – point 78
(78) ‘market revenue’ means realised income an electricity producer receives in exchange for the sale and delivery of electricity in the Union, or other services related with the energy system, regardless of the contractual form in which such exchange takes place, including power purchase agreements and other hedging operations against fluctuations in the wholesale electricity market and excluding any support granted by Member States;
Amendment 418 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2019/943
Article 2
Article 2
(80a) ‘surplus revenues’ means a positive difference between the market revenues of producers per MWh of electricity and the cap on market revenues of 80 EUR per MWh of electricity provided for in Article 10a(2);
Amendment 419 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2019/943
Article 2 – point 80b (new)
Article 2 – point 80b (new)
(80b) ‘fair price’ means the price that is established by taking into account the costs of production of electricity, amortization of the infrastructure, impact on climate and environment, planned low carbon investments in electricity generation from renewable sources and investments in the grid and electricity storage technologies.
Amendment 424 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2019/943
Article 2 – point 80c (new)
Article 2 – point 80c (new)
(80c) 'Surplus profit' means taxable profit.
Amendment 428 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Regulation (EU) 2019/943
Article 3 – point a
Article 3 – point a
(2 a) Article 3 (a) "(a) prices shall be formed on the basis of demand and supply; (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02019R0943-20220623)price equalization for all final electricity consumers." Or. en
Amendment 429 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 b (new)
Article 1 – paragraph 1 – point 2 b (new)
Regulation (EU) 2019/943
Article 3 – point b
Article 3 – point b
(2 b) market rules shall encourage free price formation and shall avoid actions which prevent price formation on the basis of demand and supply; (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02019R0943-20220623)Article 3 "(b) when price formation allows high levels of profits and prevent universal access to an affordable and renewable energy, Member States shall take measures to ensure that undue profits are limited and electricity paid by consumers is affordable;" Or. en
Amendment 430 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 c (new)
Article 1 – paragraph 1 – point 2 c (new)
Regulation (EU) 2019/943
Article 3 – point r and s (new)
Article 3 – point r and s (new)
Amendment 436 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b – point ii a (new)
Article 1 – paragraph 1 – point 3 – point b – point ii a (new)
Regulation (EU) 2019/943
Article 7 – paragraph 2 – point d
Article 7 – paragraph 2 – point d
Amendment 440 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/943
Article 7a
Article 7a
Amendment 444 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/943
Article 7a
Article 7a
Amendment 448 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
REGULATION (EU) 2019/943
Article 7a new
Article 7a new
Amendment 457 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
REGULATION (EU) 2019/943
Article 7a new
Article 7a new
Amendment 462 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
REGULATION (EU) 2019/943
Article 7a new
Article 7a new
Amendment 468 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
REGULATION (EU) 2019/943
Article 7a new
Article 7a new
Amendment 471 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
REGULATION (EU) 2019/943
Article 7a new
Article 7a new
Amendment 474 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
REGULATION (EU) 2019/943
Article 7a new
Article 7a new
Amendment 477 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
REGULATION (EU) 2019/943
Article 7a new
Article 7a new
Amendment 480 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
REGULATION (EU) 2019/943
Article 7a new
Article 7a new
Amendment 482 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
REGULATION (EU) 2019/943
Article 7a new
Article 7a new
Amendment 485 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
REGULATION (EU) 2019/943
Article 7a new
Article 7a new
Amendment 492 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
REGULATION (EU) 2019/943
New article 7a
New article 7a
Amendment 519 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
REGULATION (EU) 2019/943
Article 8 (1)
Article 8 (1)
NEMOs shall allow market participants to trade energy as close to real time as possible and at least up to the intraday cross-zonal gate closure time. By 1 January 2028, the intraday cross-zonal gate closure time shall be at the earliest 30 minutes ahead of real tim6, a cost benefit analysis and feasibility evaluation shall be carried out, by the Commission in collaboration with transmission system operators for electricity, on the impacts on national system security, cost efficiency, RES integration and CO2 emissions of moving the cross-border intraday gate closure time 30 minutes ahead of real time. This analysis shall then be approved by the national regulatory authority. Provided that the result of this cost benefit analysis is positive, the transmission system operator shall submit to the national regulatory authority an action plan aiming at shortening the intraday cross- zonal gate closure time to 30 minutes within 5 years. If the outcome of the cost- benefit analysis is negative, it is required that subsequent cost-benefit analyses be conducted every five years, following the procedure described above.
Amendment 537 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
REGULATION (EU) 2019/943
Article 9
Article 9
[...] d e [...] l e t e d
Amendment 585 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
REGULATION (EU) 2019/943
Article 10a
Article 10a
Amendment 587 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6 b (new)
Article 1 – paragraph 1 – point 6 b (new)
REGULATION (EU) 2019/943
Article 13
Article 13
Amendment 588 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6 c (new)
Article 1 – paragraph 1 – point 6 c (new)
REGULATION (EU) 2019/943
Article 16
Article 16
(6 c) Article 16 (1) is replaced by the following : "1. Network congestion problems shall be addressed with non-discriminatory market- based solutions which give efficient economic signals to the market participants and transmission system operators involvedsolutions. Network congestion problems shall be solved by means of non- transaction-based methods, namely methods that do not involve a selection between the contracts of individual market participants. When taking operational measures to ensure that its transmission system remains in the normal state, the transmission system operator shall take into account the effect of those measures on neighbouring control areas and coordinate such measures with other affected transmission system operators as provided for in Regulation (EU) 2015/1222. (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02019R0943-20220623)" Or. en
Amendment 589 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point -a (new)
Article 1 – paragraph 1 – point 7 – point -a (new)
REGULATION (EU) 2019/943
Article 18
Article 18
(-a) Article 18 (1) is replaced by the following "1. Charges applied by network operators for access to networks, including charges for connection to the networks, charges for use of networks, charges for the reinforcement of electricity storage and, where applicable, charges for related network reinforcements, shall be cost- reflective, transparent, take into account the need for network security and flexibility and reflect actual costs incurred insofar as they correspond to those of an efficient and structurally comparable network operator and are applied in a non-discriminatory manner. Those charges shall not include unrelated costs supporting unrelated policy objectives. (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02019R0943-20220623)" Or. en
Amendment 609 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 8 – point b
Article 1 – paragraph 1 – point 8 – point b
REGULATION (EU) 2019/943
Article 19
Article 19
Amendment 617 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
REGULATION (EU) 2019/943
Article 19a
Article 19a
Amendment 618 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
REGULATION (EU) 2019/943
Article 19 a
Article 19 a
Amendment 619 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
REGULATION (EU) 2019/943
Article 19a
Article 19a
Amendment 637 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
REGULATION (EU) 2019/943
Article 19a
Article 19a
Amendment 646 #
2023/0077(COD)
Amendment 906 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 d
Article 19 d
Based on the report of the regulatory authority and the transmission system operator pursuant to Article 19c(1), each Member State shall define an indicative national objective for demand side response and storage. This indicative national objective shall also be reflected in Member States’ integrated national energy and climate plans as regards the dimension ‘Internal Energy Market’ in accordance with Articles 3, 4 and 7 of Regulation (EU) 2018/1999 and in their integrated biennial progress reports in accordance with Article 17 of Regulation (EU) 2018/1999.
Amendment 910 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 d
Article 19 d
By June 2025, after assessing the national objectives for demand response and energy storage communicated by the Member States through their integrated national energy and climate plans, the Commission shall present a report to the European Parliament and the Council assessing the national plans. In the light of the conclusions of this report, the Commission shall draw up a European strategy on demand response and energy storage consistent with the Union's 2030 targets for energy and climate as defined in point (11) of Article 2 of Regulation (EU) 2018/1999 and the climate- neutrality objective laid down in Article 2 of Regulation (EU) 2021/1119 which shall be accompanied, where appropriate, by a legislative proposal amending this Regulation and introducing minimum demand response and energy storage targets at Union level.
Amendment 920 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 e
Article 19 e
1. Member States which apply a capacity mechanism in accordance with Article 21 shall consider theould promotion ofe the participation of non-fossil flexibility such as demand side response and energy storage by introducing additional criteria or features inensuring that the design of the capacity mechanisms do not create entry barriers on demand response and energy storage.
Amendment 956 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 e
Article 19 e
3a. 4. This article is without prejudice to the right of Member States to enable transmission and distribution system operators to own all on peak production capacity and storage capacity to ensure the good functioning of the grid.
Amendment 986 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 f
Article 19 f
(f) provide incentives for the integration in the electricity market in a market-based and market-responsive way, while avoiding unnecessary distortions of electricity markets as well as taking into account possible system integration costs and grid stability;
Amendment 1001 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 a (new)
Article 1 – paragraph 1 – point 9 a (new)
Regulation (EU) 2019/943
Article 23
Article 23
Amendment 1004 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 b (new)
Article 1 – paragraph 1 – point 9 b (new)
Regulation (EU) 2019/943
Article 24
Article 24
Amendment 1005 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 c (new)
Article 1 – paragraph 1 – point 9 c (new)
Regulation (EU) 2019/943
Article 22 – paragraph 4
Article 22 – paragraph 4
Amendment 1022 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a
Article 1 – paragraph 1 – point 11 – point a
Regulation 2019/943
Article 50 – paragraph 4 a a (new)
Article 50 – paragraph 4 a a (new)
Amendment 1033 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13 a (new)
Article 1 – paragraph 1 – point 13 a (new)
Regulation (EU) 2019/943
Article 64 – paragraph 5 (new)
Article 64 – paragraph 5 (new)
Amendment 1034 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13 a (new)
Article 1 – paragraph 1 – point 13 a (new)
Regulation (EU) 2019/943
Article 61
Article 61
(13a) Article 61, 4(a) is replaced by the following "(a) details of rules for the trading of electricity implementing Article 6 of Directive (EU) 2019/944 and Articles 5 to 10, 13 to 17, 35, 36 and 37 of this Regulation; (https://eur-lex.europa.eu/legal-content/FR/TXT/PDF/?uri=CELEX:32019R0943&from=DA), as long as such rules reflect costs-related pricing schemes and not marginal pricing schemes; " Or. en
Amendment 1054 #
2023/0077(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – point b
Article 2 – paragraph 1 – point 1 – point b
Directive (EU) 2019/944
Article 2 – point 15 a
Article 2 – point 15 a
(15a) ‘fixed term, fixed price electricity supply contract’ means an electricity supply contract between a supplier and a final customer that guarantees the same contractual conditions, and for the whole duration of the contract, including the price, while it may, within a fixed price, include a flexible element with for example peak and off peak price variations;
Amendment 1065 #
2023/0077(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – point b
Article 2 – paragraph 1 – point 1 – point b
Directive (EU) 2019/944
Article 2 – point 24 a a (new)
Article 2 – point 24 a a (new)
(24aa) "On Peak production” means turbine based electricity generation or any electricity generation that is used less than 1000h a year on average.
Amendment 1068 #
2023/0077(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
Directive (EU) 2019/944
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
(1a) Energy poverty’ means a household’s lack of access to essential energy services that provide for a decent standards of living and health, including adequate heating, hot water, cooling, lighting, and energy to power appliances, in the relevant national context, existing social policy and other relevant policies, caused by a combination of factors, including but not limited to non- affordability, insufficient disposable income, high energy expenditure and poor energy efficiency of homes;
Amendment 1071 #
2023/0077(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 b (new)
Article 2 – paragraph 1 – point 1 b (new)
Directive (EU) 2019/944
Article 2 – paragraph 1 – point 1 b (new)
Article 2 – paragraph 1 – point 1 b (new)
(1b) (1 b) The following Article 3a is inserted: Article 3a Possibility for States to derogate from market-based nature of electricity generation, distribution and supply. 1. Considering that electricity is an essential good that impacts all social and economic activities, Member States are free to decide to organise both production and supply of electricity as a public monopoly which action shall follow the following principles : (a) Ensuring the transition to a carbon neutral economy; (b) Limiting the impact of electricity production on the environment; (c) Developing the necessary electricity production to address the increase of electricity usage; (d) Lower prices for consumers to preserve their bargaining power and standards of living; (e) Lower prices for companies to protect their competitiveness; (f) Equalisation of electricity prices for all final consumers with exception of energy intensive industries and energy poor households. 2. The pricing system of electricity of a publicly operated monopoly shall be the same for all final consumers and reflect the average cost of production of electricity on the territory of the concerned Member State, including the net cost of imports and exports of electricity, amortization of new infrastructures, applicable taxes and investments in the grid. 3. The aforementioned national public monopoly shall not operate beyond the limit of the Member States in which it has been established and shall not have any other competences than production, storage and supply of electricity. 4. All the profits made by this public monopoly shall be invested in the generation and storage of electricity from renewable sources and adequate on peak generation capacity. 5. The existence of such a monopoly is without prejudice to the duty of Member States to provide, to the extent of their capacity, to other Member States electricity if they require so; to that effect, Member States shall further develop physical interconnexions between Member States. 6. In the framework of this public monopoly, Member States shall authorise physical persons the right to generate electricity for their own needs.
Amendment 1072 #
2023/0077(COD)
Amendment 1073 #
2023/0077(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
Directive (EU) 2019/944
Article 4
Article 4
Amendment 1083 #
2023/0077(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 a (new)
Article 2 – paragraph 1 – point 2 a (new)
Directive (EU) 2019/944
Article 10 – paragraph 11
Article 10 – paragraph 11
(2a) Article 10 paragraph 11 is replaced by the following : Suppliers shall inform the competent authorities and inform residential customers of the existing support measures before any power reduction. These measures may refer to energy audits, energy consultancy services, alternative payment plans, debt management advice, and do not constitute an extra cost to the customers facing a reduction in power.
Amendment 1084 #
2023/0077(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 a (new) Directive (EU) 2019/944
Article 2 – paragraph 1 – point 2 a (new) Directive (EU) 2019/944
(2a) Article 5 (Market-based supply prices) is deleted.
Amendment 1085 #
2023/0077(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 b (new)
Article 2 – paragraph 1 – point 2 b (new)
Directive (EU) 2019/944
Article 9
Article 9
Amendment 1086 #
2023/0077(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 c (new)
Article 2 – paragraph 1 – point 2 c (new)
Directive (EU) 2019/944
Article 10
Article 10
(2c) In the Article 10 (Basic contractual rights) the following point 13 is added: 13. This article is without prejudice to the possibility of Member States to create a single national electricity supplier according to article 31b (new) of the revised directive
Amendment 1087 #
2023/0077(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point b
Article 2 – paragraph 1 – point 3 – point b
Directive (EU) 2019/944
Article 11 – paragraph 1
Article 11 – paragraph 1
Amendment 1096 #
2023/0077(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point b
Article 2 – paragraph 1 – point 3 – point b
Directive (EU) 2019/944
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall ensure that the national regulatory framework enables suppliers to offer fixed-term, fixed-price contracts and dynamic electricity price contracts. Member States shall ensure that all final customers who have a smart meter installed can request to conclude a dynamic electricity price contract and that all final customers can request to conclude a fixed-term, fixed-price electricity price contract of a duration of at least onetwo year, with at least one supplier and with every supplier that has more than 200 000 final customerss. Suppliers shall not unilaterally modify terms and conditions of fixed-price fixed-term contracts or terminate them before the end of the contract.
Amendment 1101 #
2023/0077(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point c
Article 2 – paragraph 1 – point 3 – point c
Directive (EU) 2019/944
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1a. Prior to the conclusion or extension of any contract, 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 include at least information on total price, promotions, additional services, discounts, whether the price is fixed or indexed to wholesale prices, contract duration, conditions for termination, payment frequency and accepted means of payment, supplier’s contact details such as customer service’s telephone number and email, and include the rights referred to in points (a), (b), (d), (e) and (f) of Article 10(3). The Commission shall provide guidance in this regard.
Amendment 1109 #
2023/0077(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 a (new)
Article 2 – paragraph 1 – point 3 a (new)
Directive (EU) 2019/944
Article 16
Article 16
" "Article 16 Citizen energy communities 1.Member States shall provide an enabling regulatory framework for citizen energy communities ensuring that: (a) participation in a citizen energy community is open and voluntary; (ab) mMembers or shareholdhip is allowed for physical persons only. (b) members of a citizen energy community are entitled to leave the community, in which case Article 12 applies; (c) members or shareholders of a citizen energy community do not lose their rights and obligations as household customers or active customers; (d) subject to fair compensation as assessed by the regulatory authority, relevant distribution system operators cooperate with citizen energy communities to facilitate electricity transfers within citizen energy communities; (e) citizen energy communities are subject to non-discriminatory, fair, proportionate and transparent procedures and charges, including with respect to registration and licensing, and to transparent, non- discriminatory and cost- reflective network charges in accordance with Article 18 of Regulation (EU) 2019/943, ensuring that they contribute in an adequate and balanced way to the overall cost sharing of the system. 2.(ea) Member States may provide keep the possibility of planning the enabling regulatory framework that citizen energy communities: (a) are open to cross-border participation; deployment of citizen energy communities, including authorisation of the connexion to the grid of such a citizen energy community, according to the capacities of the grid, the social needs, and the consideration of electricity as a common good and public right. (eb) are entitled to own, establish, purchase or lease distribution networks and to autonomously manage them subject to conditions set out in paragraph 4 of this Article; (c) are subject to the exemptions provided for in Article 38(2). 3. Member States shall ensure that citizen energy communities: (a) are able to access all electricity markets, either directly or through aggregation, in a non-discriminatory manner;Member States, especially through transmission and distribution service operators, act as single buyer of the electricity produced by citizen energy communities, at fixed price corresponding to the costs of production and amortization of the investment, 3. Member States shall ensure that citizen energy communities: (b) are treated in a non-discriminatory and proportionate manner with regard to their activities, rights and obligations as final customers, producers, suppliers, distribution system operators or market participants engaged in aggregation; (c) are financially responsible for the imbalances and generally the impact they cause in the electricity system; to that extent they shall be balance responsible parties or shall delegate their balancing responsibility in accordance with Article 5 of Regulation (EU) 2019/943; (d) with regard to consumption of self- generated electricity, citizen energy communities are treated like active customers in accordance with point (e) of Article 15(2); (e) are entitled to arrange within the citizen energy community the sharing of electricity that is produced by the production units owned by the community, subject to other requirements laid down in this Article and subject to the community members retaining their rights and obligations as final customers. (ea) operate on a non-profit basis, according to the legislation of Member States. For the purposes of point (e) of the first subparagraph, where electricity is shared, this shall be without prejudice to applicable network charges, tariffs and levies, in accordance with a transparent cost-benefit analysis of distributed energy resources developed by the competent national authority. 4. citizen energy communities the right to manage distribution networks in their area of operation and establish the relevant procedures, without prejudice to Chapter IV or to other rules and regulations applying to distribution system operators. If such a right is granted, Member States shall ensure that citizen energy communities: (a) are entitled to conclude an agreement on the operation of their network with the relevant distribution system operator or transmission system operator to which their network is connected; (b) charges at the connection points between their network and the"" are entitled to arrange within the Member States may decide to grant are subject to appropriate network do not distcribution network outside the citizen energy community and that such network charges account separately for the electricity fed into the distribution network and the electricity consumed from the distribution network outside the citizen energy community in accordance with Article 59(7); (c) customers who remain connected to the distribution system. minate or harm Or. en (Directive (EU) 2019/944)
Amendment 1110 #
2023/0077(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 a (new)
Article 2 – paragraph 1 – point 3 a (new)
Directive (EU) 2019/944
Article 11 – paragraph 2
Article 11 – paragraph 2
(3a) Article 12 is amended as follows: 2. Member States shall ensure that at least household customers and small enterprises are not charged any switching- related fees and that all final consumers are not charged any switching- related fee if they switch to a regulated price offer.
Amendment 1112 #
2023/0077(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 b (new)
Article 2 – paragraph 1 – point 3 b (new)
Directive (EU) 2019/944
Article 14 – paragraph 2
Article 14 – paragraph 2
(3b) Article 14 is amended as follows: 1. Member States shall ensure that at least household customers, and microenterprises with an expected yearly consumption of below 100 000 kWh, have access, free of charge, to at least one tool comparing the offers of suppliers, including offers for dynamic electricity price contracts. The comparison tools shall underline the risk of subscribing to a dynamic electricity price contracts and the existence of regulated price offer if such offer exists in the concerned Member State. Customers shall be informed of the availability of such tools in or together with their bills or by other means. The tools shall meet at least the following requirements:
Amendment 1113 #
2023/0077(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 c (new)
Article 2 – paragraph 1 – point 3 c (new)
Directive (EU) 2019/944
Article 15 – paragraph 2 – point a
Article 15 – paragraph 2 – point a
(3c) The Article 15 (Active customers) is amended as follows: The paragraph 2, point a) is deleted.
Amendment 1116 #
2023/0077(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Directive (EU) 2019/944
Article 15 a – paragraph 1
Article 15 a – paragraph 1
1. All households, small and medium sized enterprises and public bodies have the right to participate in energy sharing as active customersroduce electricity for their own needs and sell the surplus to the transmission system operator, upon agreement of the distribution system operator to ensure that the grid can bear a new electricity input.
Amendment 1 #
2022/2134(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses the valuable role played by Union agencies in helping Union institutions to implement policies, especially by carrying out specific technical, scientific and managerial tasks; appreciates the high quality work performed by the agencies working in the area of employment, social affairs and inclusion; reiterates in this regard the need to equip the agencies at a level commensurate to the assigned tasks, with a sufficient number of staff, employed in a stable manner and having sufficient material resources; reiterates that the proper functioning of the Executive Agencies also requires a high-quality social dialogue, closely involving the Local Staff Committees;
Amendment 9 #
2022/2134(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes the deepened cooperation between the agencies within the framework of the European Union Agencies Network (EUAN) with a focus on sharing services, knowledge and expertise; calls on the EUAN to develop a general policy to not replace permanent staff by more expensive external consultants, in order to guarantee quality working conditions, and to prevent knowledge and experience from being lost;
Amendment 5 #
2022/2118(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that, the final budget of the Agency for the financial year 2021 was EUR 22 million, representing an increase of 10% compared to 2020; expresses its satisfaction that the Agency’s budget for 2021 was executed by 97%; however, points out the Agency should be attentive to financial management and making workflows more efficient.
Amendment 8 #
2022/2118(DEC)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Notes that there are issues with recruitment; stresses, in this context, that the Agency should focus more on recruiting new staff and on campaigns and advertisement in order to hire new staff.
Amendment 7 #
2022/2116(DEC)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Notes that due to the unfortunate timing of organisational re-structuring during the COVID-lockdown, there is a high degree of workload and de- motivation among the staff at the Foundation, which has a negative impact on financial management efficiency, despite a high execution rate of the budget;
Amendment 14 #
2022/2108(DEC)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Emphasizes that despite the fact that the Authority has been set up in difficult circumstances, the staff is very much engaged; however, stresses that the staff needs support in the area of human resources;
Amendment 15 #
2022/2108(DEC)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Stresses that access to healthcare is difficult for the Authority's staff; therefore, calls on the management to support the staff in their access to the local health system;
Amendment 10 #
2022/2081(DEC)
Draft opinion
Paragraph 9
Paragraph 9
9. Notes that, in 2021, nearly EUR 14.6 billion have been paid to the 2014- 2020 ESF programmes as well as nearly EUR 320 million for REACT-EU, lifting the absorption rate to 61% (total payments made compared to allocation, including REACT-EU); emphasizes that the ESF is supposed to counter the worst excesses of unequal development and boost local development; furthermore, regional actors must be involved more closely and the Member States contributions should be reduced in order to reach the weakest regions;
Amendment 13 #
2022/2081(DEC)
Draft opinion
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Urgently calls on the Commission to take the catering staff in-house in order to ensure good working conditions and avoid layoffs;
Amendment 5 #
2022/2079(INI)
Motion for a resolution
Recital A
Recital A
A. whereas a strong and a technologically competitive defence sector is crucial for Europe’s security and prosperitysecurity is a comprehensive concept, including economic, environmental and human dimensions, and cannot be attained principally or solely through military means; whereas massive financial and political support for the European defence sector serves primarily the profits and interests of the arms industry and will not increase security but rather amplify armed conflicts;
Amendment 12 #
2022/2079(INI)
Motion for a resolution
Recital B
Recital B
B. whereas Russia’s war of aggression against Ukraine has shown that Europe needs to invest robustly in its defence and security technologiein 2020, European Defence Agency Member States' total defence expenditure already reached 198 billion euros, which is more than China's defence budget that year and three times that of Russia; whereas Russia’s war of aggression against Ukraine has triggered another important increase in Member States' defence and security spending, including the German government's decision to create a 100-billion euro special fund for its army, potentially putting Germany in the third position worldwide in terms of defence expenditure; whereas such increases in defence spending and subsidies to the arms industry inevitably come to the detriment of social, health and climate investments;
Amendment 22 #
2022/2079(INI)
Motion for a resolution
Recital D
Recital D
D. whereas cutting-edge technologies, and in particular fast-evolving digital technologies, are ever more important factors in sustaining and strecan play a role in strengthening security, but also in fighting climate change and advancing public health; whereas funding research and development of disruptive security and defence technologies, such as fully or partially autonomous weapons, risks further fueling thening Europe’s defence industrie arms race by pushing potential opponents towards greater automation of their weapons systems, which could ultimately lead to the introduction of killer robots;
Amendment 27 #
2022/2079(INI)
Motion for a resolution
Recital E
Recital E
E. whereas at the end of 2019, the European Union had 178 types of weapons, against just 30 in the United States; whereas this fragmentation of Europe’s defence sector and the European defence market leads to inefficient use of economic resources and reduced, excess defence spending and duplication of defence capabilities;
Amendment 30 #
2022/2079(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
E a. Whereas the European Defence Fund (EDF 2021–2027) has a budget of €8 billion for military research and development; whereas under its two precursor programmes, the Preparatory Action for Defence Research (PADR 2017–2019) and the European Defence Industrial Development Programme (EDIDP 2019–2020), almost €600 million of European public money was granted to highly lucrative private companies producing and exporting arms and military technologies, as well as private research centres;
Amendment 32 #
2022/2079(INI)
Motion for a resolution
Recital F
Recital F
F. whereas some criticalcivilian technologies which could be available for use in the defence sector originate in the civilian sectorshould serve civilian purposes; whereas the use of critical technologies by the defence sector should be strictly limited to territorial defence purposes, in line with international law, and cshould qualify for dual use if obstacles were removedbe overseen by public authorities, ethics experts, workers and trade unions;
Amendment 34 #
2022/2079(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas EU funding of research and innovation activities should comply with stringent ethical principles and relevant national, Union and international legislation, including the Charter of Fundamental Rights of the European Union and the Convention for the Protection of Human Rights and Fundamental Freedoms and its Supplementary Protocols, the precautionary principle, and international humanitarian law, rules and initiatives relating to ethical raw materials and supply chains, and anti-corruption and anti-money laundering rules and initiatives;
Amendment 36 #
2022/2079(INI)
Motion for a resolution
Recital G
Recital G
G. whereas public-led research and innovation involving academia, private enterprise and the public sectortrade unions and workers has the potential to accelerate the development of Europe’s cutting-edge technologies; whereas data silos due to monopolistic intellectual property rights regimes have weakened innovation;
Amendment 49 #
2022/2079(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. WelcomeRejects the Commission’s roadmap for critical technologies for security and defence; emphasises the needpotential for greater involvement of the European Union in coordinating and facilitating the development of security- and defence- relatedcritical technology; underlines that the EU’s global technological competitivenessadvancement is highly dependent on public-led innovation and the ability to deploy new technologies safely and rapidly;
Amendment 55 #
2022/2079(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recognises the need, highlighted in the roadmap, to identify technologies critical for EU security and defence; stresses that the proposal for a coordinated EU-wide strategic approach on critical technologies for security and defence to be taken from the outset is the right way forwardDeplores the EU's increasing intention to invest in military hardware and advanced technologies, rather than in building or maintaining peace; recalls that according to Article 41.2 of the Treaty on European Union, expenditure arising from operations having military or defence implications shall not be charged to the Union budget;
Amendment 60 #
2022/2079(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Underlines that the combined social and climate emergencies, as well as the worsening of the security situation in Europe after Russia’s illegal, unprovoked and unjustified war of aggression against Ukraine, demands a stronger and better coordinated effort by the European Union and its Member States to invest in critical security and defence technologies; is concerned that the growing global demand for conventional weapon systems in the context of the war in Ukraine may have a negative effect on investments in the development of new technologieeradicate and prevent the root causes of current and future conflicts by investing in diplomatic, political and civilian approaches involving multilateral fora, thus achieveing greater collective security and an overall reduction of costs for defence; is concerned that the growing global demand for conventional weapon systems in the context of the war in Ukraine may lead to a new global arms race, which would have a negative effect on collective security and on investments in the development of new technologies needed to combat climate change and public health threats;
Amendment 69 #
2022/2079(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. WelcomNotes the Commission’s setting up an observatory of critical technologies; calls on the Commission to fully integrate the findings of the observatory in its classified report to Member States on critical technologies and risks associated with strategic dependencies affecting security, space and defence; stresses the need for the Commission to further coordinate and facilitate cooperation between the Member States in order to address the existing technology gaps, reduce duplication and rationalize spending;
Amendment 73 #
2022/2079(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes that the there is a risk of dependency for the supply of critical materials and of overstretched supply chains that may affect the EU’s capability to stay competitive in the field of critical technologies for security and defence, in a context of increasing global economic interdependence, a certain degree of dependency for the supply of critical materials is inevitable; takes the view that sourcing of critical raw materials, technologies and components from third countries in the field of critical technologies should be based on fair trade, equal partnerships and co- operation for mutual benefit; calls on the Commission to take the lead with a special research programme on new materials for critical technologies so as to minimise the EU’s dependency on third countriepolluting industries for raw materials;
Amendment 83 #
2022/2079(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. WelcomeRejects the creation of an EU defence innovation scheme and the ongoing work with various tools relating to defence and new and dual-use technologies in order to help innovative start-ups and small and medium-sized enterprises overcome high technological, administrative, regulatory and market entry hurdles; calls on the Commission to encourage Member States, as the end users, to fully utilise cross-border innovation networks; regrets the excessive influence of industrial lobby groups on EU policy; notes in this regard that nine of the 16 representatives in the Group of Personalities on Defence Research, set up by the European Commission (EC) in 2015, were affiliated with arms companies, arms research institutes and an arms industry lobby organisation;
Amendment 85 #
2022/2079(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Calls for a ban on autonomous weapons systems, regardless of their degree of automation, to be enshrined in international law through the Convention on Certain Conventional Weapons (CCW) or a newly drafted instrument; calls on the Commission to ensure that the Union does not finance research and development activities related to such weapons;
Amendment 89 #
2022/2079(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Acknowledges the need for close coordination with like-minded partners such as the United States and NATO; welcomes the commitment by the Commission and the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy (VP/HR) to exploring EU-US cooperation in the context of the EU-US Trade and Technology Council; welcomes the Commission’s and the VP/HR’s commitment to exploring mutually agreed and beneficial interactions between the EU’s and NATO’s initiatives focused on new technologiesooperation with a variety of partners; calls on the Commission and the VP/HR to explore mutually agreed and beneficial interactions between the EU’s and third countries' initiatives focused on new technologies, in particular in the context of cooperative security, disarmament, crisis management, public health and the fight against climate change;
Amendment 95 #
2022/2079(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Is concerned about the lackduplication of investments in new, disruptive technologies in the defence industrdefence technologies; takes the view that investment in the defence industry should not take precedence over responding to social needs and the climate emergency; calls on the Commission to establish the necessary cooperative tools and measures to encourage the defence industry to rationalize invest morement in technological innovation in critical technologies for security and defence, in addition to producing existing weapon system and to convert excess weapon production capacities guaranteeing quality jobs;
Amendment 103 #
2022/2079(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses the need for closer cooperation between the Member States on capability development to boost innovation in critical technologies for security and defence; calls on the relevant EU bodies to act as catalysts and accelerators to encourage the Member States to coordinate their capability development programmIs concerned that ever-increasing public funding for the defence sector could fuel the global arms race and contribute to the development of controversial arms and technologies;.
Amendment 115 #
2022/2079(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Highlights the need for close public-led cooperation between theinvolving various stakeholders such as workers, trade unions, academia and the public and private sectors in order to utilise best practices in security and defencecritical technologies; calls on the Commission to examine the potential of using ‘multiple helix’ models for innovationnsure that any funding of new products or technologies results in proportionate public ownership of intellectual property rights for the Union or for the Member States involved;
Amendment 121 #
2022/2079(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Is concerned about the insufficient level of financing for defence from the EU funds; recalls the fact that the European Defence Fund budget was cut by approximately 40 % relative to the Commission’s proposal for the multiannual financial framework (MFF) 2021-2027Recalls that the European Defence Fund budget of 8 billion euros means an increase in the funding for military R&D by a massive 1250% from one budgetary cycle to another ; is concerned about this level of financing for defence from the EU funds, which diverts an increasing share of the Union's budget from other priorities, such as healthcare, education and other social needs; calls on the Commission to explore existing funding schemes and alternatives to increase thrationalize funding for critical technologies for security and defence under the current MFF, thus allowing the EU to increase its investment in health and climate research;
Amendment 130 #
2022/2079(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Emphasises the need for betterto strictly regulate and limit dual use of existing civilian technologies, as well as dual-use innovation in the field of critical technologies for security and defence; stresses the need for better knowledge sharing networks for existing and new technologies so as to enable potential end users and investors to make better use of technologies already on the market or invest in high-potential emerging technologieswarns against the militarization of civilian research, development and innovation programmes such as Horizon Europe;
Amendment 1 #
2022/2053(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
A a. whereas the Intergovernmental Panel on Climate Change clearly stresses the priority of emissions reductions over carbon removals, and the sequential role of carbon removals to first supplement emission reductions, then balance out minimal residual emissions to reach net- zero, and finally to remove more GHG than are emitted to achieve net-negative GHG emissions;
Amendment 4 #
2022/2053(INI)
Draft opinion
Recital A b (new)
Recital A b (new)
A b. whereas carbon dioxide removals that do not result in permanent storage out of the atmosphere are delayed emissions;
Amendment 6 #
2022/2053(INI)
Draft opinion
Recital B
Recital B
B. whereas the development and deployment at scale of carbon removal solutions iss are indispensable to climate neutrality and requires significant targeted support over the next decade for carbon capture, utilisation and storage (CCUS);
Amendment 8 #
2022/2053(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
B a. whereas the permanence of sequestered carbon is difficult to guarantee; whereas monitoring and liability for reversals cannot be guaranteed for a minimum of 200 to 300 years and places an enormous burden on future generations; whereas extreme weather events such as droughts and forest fires, which are increasing due to climate change, can kill off planted forests, and underground storage sites could leak; whereas changes in land management practices can undo carbon removal; whereas counting on removals that fail to materialise or are easily reversible could undermine the Union’s climate efforts and its international credibility, and/or provide a dangerous distraction from prioritising and investing in emission reductions;
Amendment 12 #
2022/2053(INI)
Draft opinion
Recital B b (new)
Recital B b (new)
B b. insists that carbon removals cannot be equated to GHG emissions reduction, and must be regulated separately, stresses that emissions and removals should not be treated at policy level as tonne-for-tonne equivalent; believes instead that demand for removal units should be created through a separate target for carbon removals and that demand for removals should not come from actors that still have scope to reduce their emissions and polluting companies should not be allowed to use removal offsets (including uncertain and reversible offsets in the land use sector such as carbon in soils or forests) as a means of avoiding carbon pricing or emissions cuts in their own value chains;
Amendment 15 #
2022/2053(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. welcomes the Commission's commitment in its Sustainable Carbon Cycles Communication that deep emission reductions take priority over carbon removals; stresses that drastic emission reductions are required this decade in order to keep global warming within the Paris Agreement’s 1.5°C limit; stresses that carbon removals are only part of the solution to climate change but should not substitute actions to reduce emissions; stresses removals need to complement emission reductions, not undermine them, that carbon sinks must also be increased, but only in addition to deep emissions cuts;
Amendment 18 #
2022/2053(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. expresses concern in relation to the Commission’s suggestion to turn CO2 from a waste to a resource and use it as feedstock for the production of chemicals, plastics or fuels;
Amendment 23 #
2022/2053(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Reiterates that the European Climate Law sets the goal of climate neutrality by 2050, and recognises the need to drastically reduce carbon reliancethe use of fossil carbon;
Amendment 31 #
2022/2053(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses the need for additional and prior further research for CCS and other carbon capturing technologies, to ensure that they are realistic and do not have negative environmental or other impacts; Reiterates the role of Horizon Europe missions and the European Innovation Council in researching breakthrough technologies; and applying the do no harm principle;
Amendment 41 #
2022/2053(INI)
Draft opinion
Paragraph 5
Paragraph 5
Amendment 50 #
2022/2053(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. stresses that CCU that results in the CO2 being emitted to the atmosphere at any point during the use or disposal of the product is not carbon dioxide removal but a delayed CO2 emission, regardless of the CO2 origin;
Amendment 52 #
2022/2053(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. stresses that carbon capture technologies such as CCS and CCU applied to industrial installations cannot be considered as carbon dioxide removals, since carbon dioxide removals can only be achieved through the capture and permanent storage of atmospheric (including biogenic) CO2, not by preventing CO2 from entering the atmosphere;
Amendment 58 #
2022/2053(INI)
Draft opinion
Paragraph 6
Paragraph 6
Amendment 73 #
2022/2053(INI)
Draft opinion
Paragraph 7
Paragraph 7
Amendment 14 #
2022/2008(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas industrial strategy can allow society to decide democratically on what to produce where at what conditions, making industry a formidable asset for people and planet; rather than leave these decisions to the market and amount to little more than a massive transfer of public subsidies, funding the profits of private corporations; calls on the Commission to ensure that its industrial strategy prioritizes social and climate imperatives over competitiveness and the needs of multinational corporations;
Amendment 26 #
2022/2008(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas any fair and sustainable production model should place workers and trade unions, as well as workers interests and long-standing expertise at the very core of its development to ensure a democratic functioning;
Amendment 32 #
2022/2008(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas a long-standing focus on competitiveness and market-based approaches has proven unable to solve divergence between and within Member States and regions, reinforcing the de- industrialization of entire regions and causing the loss of numerous jobs; whereas only a strong public industrial strategy can guarantee equal, sustainable and just industrial development, including high quality jobs, and ambitious social and environmental objectives;
Amendment 66 #
2022/2008(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. WelcomNotes the update of the industrial strategy; stresses that for the Green Deal to be a true growth strategy, reduce dependencies and maintain a level playing field for European industry during the transitiontruly address the climate emergency, it needs to be accompanied by ambitious industrial policy addressing the social emergency;
Amendment 74 #
2022/2008(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Highlights that EU industrial policy must address and support the need for structural change in order to guarantee high-quality and equal working conditions and employment;
Amendment 77 #
2022/2008(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Calls on the Commission to fully include workers and trade unions at every stage of the development and implementation of EU Industrial Strategy;
Amendment 86 #
2022/2008(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Underlines that the EU cannot be dependent on non-EU countries for products and technologies that are essential to our economy and for our society of the future; stresses that the EU needs to regain a strong position in crucial global value chains and secure the supply of critical materials in times of crisisfor essential and strategic products and technologies the EU needs to build and guarantee a strong public industrial basis in line with ambitious public social and climate planning; highlights that in a global economy, economic interdependence is inevitable; stresses therefore that fair trade, equal partnerships and cooperation for mutual benefit with third countries are essential;
Amendment 100 #
2022/2008(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Commission to present clear transition pathways for the industrial ecosystem as soon as possible, including by identifying the needs for a successful transition in terms of infrastructure, technologies and skills; calls on the Commission to ensure consistency and coordination across all initiatives, objectives, funding and regulatory instruments that will supportmake industry through than asset for the social and climate transitions; calls for annual monitoring and reporting on the competitiveness and resilience of our industrial ecosystems and on their contribution to - and progress made on - the transition pathways, so that instrumentregulations can be adapted swiftly whenever needed to reach social and environmental objectives;
Amendment 119 #
2022/2008(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes that the EU is outperformed by other economic powers in research and development (R&D) expenditures as a percentage of GDP; reiterates the importance of an ambitious level of investment in R&D; regrets that the target of 3 % of GDP investments in R&D has still not been achieved in the vast majority of Member Statesis concerned about a lack of fair return on public investment; regrets the continuous decline in efficiency of the current innovation system due in part to data silos and the fragmentation of knowledge; calls on the Commission to promote and support open science partnerships as a mechanism to reverse this decline and promote innovation, avoiding restrictive forms of intellectual property to facilitate use and sharing;
Amendment 130 #
2022/2008(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Acknowledges that intellectual property rights, notably trade secrets, can hamper or delay future research; calls on the Commission to promote an innovation ecosystem better set up for using collective intelligence to accelerate advances, making wider use of open science, patent pools and compulsory licensing ; Calls on the Commission to support measures favouring open science in order to accelerate the sharing of data and research results within the scientific community in Europe and beyond;
Amendment 169 #
2022/2008(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Welcomes the Commission’s announcement issuing guidance on public procurement; stresses that public procurement is an essentialimportant instrument for national and economic security and for supporting the uptake of and demand for clean productof industrial policy and should serve social and environmental development objectives; calls, in this regard, on the Commission to review public procurement and competition rules where needed;
Amendment 174 #
2022/2008(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Considers that EU industrial policy must embrace public investment strategies that promote the recovery of quality employment and manufacturing opportunities throughout the Union, in order to support the equal and sustainable development of all EU regions, particularly in strategic sectors such as health, transport, digitalisation and energy; calls on the Commission to promote public investment to create high- quality jobs and achieve ambitious social and environmental goals;
Amendment 207 #
2022/2008(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls on the Commission to ensure that public funds come with strong social conditionalities; highlights that emergency public support measures are incompatible with the use of tax havens and the payment of dividends to shareholders, and shall comply with strict environmental and social conditionalities, amongst which safeguarding existing jobs;
Amendment 219 #
2022/2008(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses the need for regulatory stability and predictability; calls on the Commission to include roadmaps in the transition pathways to reduce administrative burdens for European businesses, especially SMEs, by at least 30 %; stresses thguarantee fair taxation, tackle tax evasion, including by supporting a global financial register and a harmonised 25% minimum effective tax rate ‘one in, one out’ principle big multinational companies;
Amendment 231 #
2022/2008(INI)
11. Underlines the regional dimension of industrial policy and the role of regional smart specialisation strategies; calls on the Commission to include instruments to increase the use of ‘Made in EU’ at a regional levelin terms of employment, economic and industrial development throughout the territory of Member States; calls on the Commission to support the equal development of EU territories within the Union, and guarantee a strong public industrial basis and production in line with ambitious social and climate planning;
Amendment 240 #
2022/2008(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Commission to stimulatguarantee the production of affordable and abundant renewable and low-carbon energy; callsrenewable energy, notably through the promotion of massive public investment plans; calls therefore on the Commission to increase the coordination of the planning and financing for eneeded electricity, energy, hydrogen, CO2 and heating/cooling infrastructurergy efficiency and renewable energy, notably green hydrogen; notes that public subsidies for investments in fossil gas, low-carbon energy and gray hydrogen are incompatible with Union climate objectives, including the Paris Agreement;
Amendment 320 #
2022/2008(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Is strongly concerned about unfair competition, investments Considers that certain strategic sectors are too importandt takeovers by non-EU state-financed companies on the single market, especially in strategic sectors; calls on the Commission to analyse and prevent this interferenceo be left to the market or in the hands of a few multinational corporations; calls on the Commission to offer a comprehensive assessment of sectors concerned and potential remedies;
Amendment 326 #
2022/2008(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Maintains that a truly effective European industrial policy needs not only a dashboard of social, but also of climate targets as a roadmap to shape the industry of the future; considers that all sectors should contribute towards achieving the Union’s climate objectives and, in this regard, underlines the importance of green hydrogen as a potential breakthrough technology; calls also for greater attention to be paid to network security and energy supply; calls on the Commission to promote the transfer of crucial environmental technologies to developing countries by granting free or open licenses for such technologies in order to facilitate the green transition on a global scale;
Amendment 340 #
2022/2008(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Calls on the Commission to develop a mechanism to guarantee maximum transparency in production and supply chains in strategic sectors, including in regard to stocks and potential shortages; calls for an early warning system for shortages, based on a European information network on supply problems, to monitor the obligation on the part of industry to provide early and transparent information on the availability of strategic products, such as medicinal products;
Amendment 343 #
2022/2008(INI)
Motion for a resolution
Paragraph 21 b (new)
Paragraph 21 b (new)
21b. Calls on the Commission and Member States to examine the possibility of creating one or more European public or non-profit consortiums and/or infrastructures operating in the public interest in order to complete and guarantee security of supply and prevent possible shortages of products of strategic importance; recalls the essential role that new technologies, digitalisation and artificial intelligence can play in enabling researchers from European laboratories to work in a network and share their objectives and their results, while fully respecting the European Data Protection Framework;
Amendment 48 #
2022/0298(COD)
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) This Directive applies to all activities of all at-risk professions, including renovation and demolition workers, waste managers, miners and firefighters, which are or may be exposed to dust arising from asbestos or materials containing asbestos.
Amendment 54 #
2022/0298(COD)
Proposal for a directive
Recital 2 d (new)
Recital 2 d (new)
(2d) Passive exposure to asbestos, occupational and non-occupational, can have significant impacts on human health. Women are particularly vulnerable to certain kinds of passive asbestos exposure. There are different types of non-occupational exposure to asbestos, whether para-occupational (including exposure to asbestos dust inadvertently carried home by workers), domestic (including household objects containing asbestos), or environmental (including materials existing in buildings and installations or of industrial origin);
Amendment 55 #
2022/0298(COD)
Proposal for a directive
Recital 2 d (new)
Recital 2 d (new)
(2d) The concept of ‘sporadic and low intensity exposure’ is a non science-based concept. As a result, it can not apply to a non-threshold carcinogen like asbestos, nor can it be used as a basis that justifies any exemptions from the protection measures laid down in this Directive.
Amendment 59 #
2022/0298(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Asbestos is a highly dangerous carcinogenic agent, still affecting different economic sectors, such as building and renovation, mining and quarrying, waste management and firefighting, where workers are at high risk of being exposed. Asbestos fibres are classified as carcinogens 1A according to Regulation (EC) 1272/2008 of the European Parliament and of the Council65 and are by far the major cause of work-related cancer, with as much as 78% of occupational cancers recognised in the Member States as being related to asbestos. When inhaled, airborne asbestos fibres can lead to serious diseases such as mesothelioma and lung cancer, and the first signs of disease may take an average of 30 years to manifest from the moment of exposure, ultimately leading to work- related deaths. __________________ 65 Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (Text with EEA relevance)OJ L 353, 31.12.2008, p. 1.
Amendment 64 #
2022/0298(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Following the new scientific and technological developments in the area, there is scope to improve the protection of workers exposed to asbestos and thus to reduce the probability of workers contracting asbestos-related diseases. For asbestos, being a non-threshold carcinogen, it is not scientifically possible to identify levels below which exposure would not lead to adverse health effects. Instead, an exposure-risk relationship (ERR) can be derived, facilitating the setting of an occupational exposure limit (‘OEL’) by taking into account an acceptable level of excess risk. As a consequence, the OEL for asbestos should be revised in order to reduce the risk by lowering exposure levels.
Amendment 65 #
2022/0298(COD)
Proposal for a directive
Recital 7
Recital 7
(7) The limit value for asbestos set out in Directive 2009/148/EC should be revised in the light of the Commission’s evaluations and recent scientific evidence and technical data. Its revision is also an effective way to ensure that preventive and protective measures are updated accordinglyStrengthened preventive and protective measures are needed to implement such a revision of the limit value in all Member States.
Amendment 71 #
2022/0298(COD)
Proposal for a directive
Recital 9
Recital 9
Amendment 73 #
2022/0298(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Optical microscopy, although it does not allow a counting of the smallest fibres detrimental to health, is currently the most used method for the regular measuring of asbestos. As it is possible to measure an OEL equal to 0.01 f/cm³ with phase-contrast microscope (PCM), no transition period is needed for the implementation of the revised OEL. In line with the opinion of the ACSH, a more modern and sensitive methodology based on electron microscopy should be used, while taking into account the need for an adequate period of adaptation and for more EU level harmonisation of different electron microscopy methodologies. In light of the fact that thinner asbestos fibres (<0,2 μm) are also carcinogenic, those fibres should be taken into account when measuring exposure in the workplace. Electron microscopy, which allows the detection of such thinner asbestos fibres should be used for that purpose. The Commission should support and facilitate Member States with regard to the new methodology for measuring asbestos fibres, in particular through the development of guidelines and providing information on relevant Union funds which can be used for that purpose.
Amendment 79 #
2022/0298(COD)
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) Taking into account the relevant scientific expertise, the need to increase the protection of workers at Union level, a public health objective that aims to remove asbestos, as well as technical considerations with regard to monitoring compliance, a revised OEL equal to 0,001 fibres/cm3 as an 8-hour time-weighted average should be established as an appropriate first step to reducing the risks of asbestos exposure. Due to the ongoing renovation wave of buildings, it is important to implement that revised OEL as soon as possible and no transition period should therefore apply. As electron microscopy would allow the detection of thinner asbestos fibres, the revised OEL, combined with the new methodology, is expected to ensure better a protection of workers against asbestos exposure. In line with the vision-zero approach of the Union strategic framework on health and safety at work, a constant effort to reduce exposure to this strong non-threshold carcinogen is needed. By ... [five years after the entry into force of this Directive], based on the experience acquired, up-to- date scientific evidence and technical data, and after consulting the social partners, the Commission should evaluate the feasibility of a further reduction of the asbestos exposure limit.
Amendment 85 #
2022/0298(COD)
Proposal for a directive
Recital 11 c (new)
Recital 11 c (new)
(11c) The asbestos sampling should be representative of the worker’s personal exposure to asbestos. Samples should therefore be taken at regular intervals during specific operational phases in representative and realistic situations in which workers are exposed to asbestos dust. If it is not possible for sampling to be representative of the worker’s personal exposure to asbestos, all appropriate protective measures should be applied.
Amendment 87 #
2022/0298(COD)
Proposal for a directive
Recital 11 c (new)
Recital 11 c (new)
(11c) Asbestos should be kept out of the circular economy to protect workers from unknowingly reusing dangerous materials. Life-cycle-management of building materials is an important part of the circular economy. In the framework of the new EU Circular Economy Action Plan.
Amendment 90 #
2022/0298(COD)
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) In the context of health and safety at work, state-of-the-art technology must always be applied to achieve the highest possible level of protection. Technical minimum requirements need to lower the concentration of asbestos fibres in the air to the lowest level technically possible, including through dust suppression and the suction of dust at the source, continuous sedimentation, and means of decontamination, combined with minimum requirements for the pressure difference between asbestos enclosures and surroundings, fresh air supply and HEPA filters.
Amendment 93 #
2022/0298(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Special control measures and precautions are needed for workers exposed or likely to be exposed to asbestos, such as subjecting workers to a decontamination procedure and related training, in order to significantly contribute to reducing the risks related to such exposure. to lower the concentration of asbestos fibres in the air to as low a level as is technically possible below the limit value. Subjecting workers to a decontamination procedure and strengthening the related training requirements are important elements in order to significantly contribute to reducing the risks related to such exposure. In order to ensure a level playing field, an annex to this Directive should provide for minimum training requirements, including specific requirements for workers in specialised asbestos removal undertakings.
Amendment 101 #
2022/0298(COD)
Proposal for a directive
Recital 15
Recital 15
(15) Employers should take all necessary steps to identify presumed asbestos-containing materials, if appropriate by obtaining information from the owners of the premises as well as other sources of information, including relevant registers. They should record, befbe required to carry out a screening for the presence of asbestos-containing materials on the premises prior to the start of any work in buildings, ships, aircrafts or other installations build before the national ban came into force. Such screening should be carried out by a qualified and certified operator and should include a diagnosis adapted to the workplace. A report should state either the absence ore the startpresence of any asbestos removal project, the presence or presumed presence of asbestos in buildings or installations an, and its fibre type if present, with a detailed description of the nature of contamination and its precise location and estimated quantities. That operator should communicate this information to others who may be exposed to asbestos as a result of its use, of maintenance or of other activities in or on buildings.
Amendment 103 #
2022/0298(COD)
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a) The safe removal and disposal of asbestos-containing materials should be a priority, because repair, maintenance, encapsulation or sealing only lead to the postponement of the removal, which can perpetuate the risks for inhabitants and workers for many years. The encapsulation and sealing of asbestos- containing materials which can technically be removed should be prohibited, while not putting poorer households at a disadvantage because of their inability to afford necessary renovations. Appropriate accompanying measures are therefore needed. In that regard, the Union provides significant funding, in particular through the Recovery and Resilience Facility, to be used to support national measures for the removal of asbestos in the context of renovations. Where asbestos is not removed, the relevant structures should be identified, registered and regularly monitored.
Amendment 109 #
2022/0298(COD)
Proposal for a directive
Recital 15 b (new)
Recital 15 b (new)
(15b) In order to provide for the implementation of this Directive, the necessary measure should be taken by member states to guarantee the enforcing applicable laws and regulations, including through a the support of the labour inspectorate in consideration to the International Labour Organisation’s (ILO) minimum objective of one inspector for every 10.000 workers.
Amendment 114 #
2022/0298(COD)
Proposal for a directive
Recital 15 c (new)
Recital 15 c (new)
(15c) There is a need to provide sufficient and focused administrative support to help employers, in particular microenterprises and small and medium- sized enterprises, implement this Directive. In particular, standardised processes for the removal of asbestos- containing materials would help to reduce the levels of asbestos dust, the cost of those operations and facilitate the fulfilment of the notification requirements.
Amendment 117 #
2022/0298(COD)
Proposal for a directive
Recital 15 d (new)
Recital 15 d (new)
(15d) Directive 2009/148/EC should be regularly updated to take into account the latest scientific knowledge and technical developments including an evaluation of different types of asbestos fibres and their adverse health effects. The Commission should start by entry into force of this Directive the consultation process for updating the provisions on fibrous silicates and, in that context, should in particular assess whether riebeckite, winchite, richterite, fluoro-edenite should be included within the scope of that Directive.
Amendment 120 #
2022/0298(COD)
Proposal for a directive
Recital 15 e (new)
Recital 15 e (new)
(15e) In order to keep pace with technological developments, the Commission should, by ...[five years after the entry into force of this Directive] and every five years thereafter, after consulting the social partners, review the technological and scientific information on asbestos identification, measurement and warning technology and should issue guidelines where such technology is to be used in order to protect workers from exposure to asbestos. A more systematic exchange between Member States of best practices should also be established for that purpose.
Amendment 125 #
2022/0298(COD)
Proposal for a directive
Recital 15 f (new)
Recital 15 f (new)
(15f) In order to support the implementation of this Directive, the Commission should, in cooperation with the ACSH, develop guidelines. Those guidelines should, where appropriate, include sector-specific responses.
Amendment 131 #
2022/0298(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2009/148/EC
Article 2
Article 2
For the purposes of this Directive, ‘asbestos’ means the following fibrous silicates, which are meeting the criteria for classifiedcation as carcinogens 1A or 1B according to Regulation (EC) 1272/2008*:
Amendment 134 #
2022/0298(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2009/148/EC
Article 2 – point f a (new)
Article 2 – point f a (new)
(fa) erionite, CAS 66733-21-9 and CAS 66733-21-9;
Amendment 136 #
2022/0298(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 2009/148/EC
Article 3 – paragraph 1
Article 3 – paragraph 1
(2a) In Article 3, paragraph 1 is replaced by the following: "1. This Directive shall apply to all activities in which workers are or may be exposed in the course of their work to dust arising from asbestos or materials containing asbestos."
Amendment 140 #
2022/0298(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 b (new)
Article 1 – paragraph 1 – point 2 b (new)
Directive 2009/148/EC
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 142 #
2022/0298(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 c (new)
Article 1 – paragraph 1 – point 2 c (new)
Directive 2009/148/EC
Article 3 – paragraph 4
Article 3 – paragraph 4
Amendment 147 #
2022/0298(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 d (new)
Article 1 – paragraph 1 – point 2 d (new)
Directive 2009/148/EC
Article 4 – paragraph 3 – subparagraph 2
Article 4 – paragraph 3 – subparagraph 2
(2d) In Article 4(3), the second subparagraph is replaced by the following: "The notification mustshall include at least a brief description of: (a) the location of the worksite and the specific areas in which the work will be carried out; (b) the type and quantities of asbestos used or handled; (c) the activities and processes involved; (d) the number of workers involved, a list of the workers likely to be assigned to the site, the individual certificates proving their competence and the training received, and the dates of the mandatory medical visits; (e) the starting date and duration of the work and the planned working hours; (f) measures taken to limit the exposure of workers to asbestos.; (fa) the characteristics of the equipment used for the protection and decontamination of workers; (fb) the procedure for the decontamination of workers and equipment, durations and working hours; (fc) the characteristics of the equipment used for waste disposal (fd) a provisional aeraulic balance for work carried out under confinement; (fe) a plan for safe and sustainable waste disposal, including with regard to the destination of asbestos containing waste. "
Amendment 149 #
2022/0298(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 e (new)
Article 1 – paragraph 1 – point 2 e (new)
Directive 2009/148/EC
Article 4 – paragraph 3 subparagraph 2 a (new)
Article 4 – paragraph 3 subparagraph 2 a (new)
(2e) In Article 4, paragraph 3 is replaced by the following: "The notification referred to in paragraph 2 shall be submitted by the employer to the responsible authority of the Member State, before the work commences, in accordance with national laws, regulations and administrative provisions. The notification must include at least a brief description of: (a) the location of the worksite; (b) the type and quantities of asbestos used or handled; (c) the activities and processes involved; (d) the number of workers involved; (e) the starting date and duration of the work; (f) measures taken to limit the exposure of workers to asbestos. Notifications shall be kept by the responsible authority of the Member State for a minimum of 40 years, in accordance with national law and practice. "
Amendment 156 #
2022/0298(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 f (new)
Article 1 – paragraph 1 – point 2 f (new)
Directive 2009/148/EC
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
(2f) In article 5, the following paragraph 2 a (new) is added: "2a. Asbestos-containing materials already in use shall be safely removed and disposed of when technically feasible. They shall not be repaired, maintained, sealed, encapsulated or covered. Asbestos- containing materials which cannot be removed in the short term shall be identified, registered and regularly monitored."
Amendment 159 #
2022/0298(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2009/148/EC
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) work processes shall be designed so as not to produce asbestos dust or, if that proves impossible, to avoid the release of asbestos dust into the air; to a level as low as technically possible by implementing at least the following measures: (i) asbestos dust suppression; (ii) the suction of asbestos dust at the source; (iii) the continuous sedimentation of asbestos fibres suspended in the air; (iv) appropriate decontamination;
Amendment 162 #
2022/0298(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2009/148/EC
Article 6 – paragraph 1 – point b a (new)
Article 6 – paragraph 1 – point b a (new)
(ba) for work carried out under confinement, the work area shall be protected by implementing at least the following measures: (i) setting a minimum pressure difference of minus 10; (ii) supplying clean replacement air from a point further away; (iii) checking the performance of negative pressure units and portable vacuums of local exhaust ventilation systems after the change of a HEPA filter and before the start of asbestos removal or at least once a year, by measuring the removal efficiencies of filters with a direct-reading particle counter.
Amendment 166 #
2022/0298(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Directive 2009/148/EC
Article 7 – paragraph 1
Article 7 – paragraph 1
(3a) In Article 7, paragraph 1 is replaced by the following: "1. Depending on the results of the initial risk assessment, and in order to ensure compliance with the limit value laid down in Article 8, measurement of asbestos fibres in the air at the workplace shall be carried out regularly.during the specific operational phases and at regular intervals during the work process. "
Amendment 171 #
2022/0298(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 b (new)
Article 1 – paragraph 1 – point 3 b (new)
Directive 2009/148/EC
Article 7 – paragraph 2
Article 7 – paragraph 2
(3b) In Article 7, paragraph 2 is replaced by the following: "2. Sampling must be representative of the real personal exposure of the worker to dust arising from asbestos or materials containing asbestos."
Amendment 173 #
2022/0298(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 c (new)
Article 1 – paragraph 1 – point 3 c (new)
Directive 2009/148/EC
Article 7 – paragraph 5
Article 7 – paragraph 5
(3c) In Article 7, paragraph 5 is replaced by the following: "5. The duration of sampling mustshall be such that representative exposure can be established for an 8-hour reference period (one shift) by means of measurements or time-weighted calculationll operations in all their different phases carried out during the work process."
Amendment 176 #
2022/0298(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2009/148/EC
Article 7 – paragraph 6 – subparagraph 1
Article 7 – paragraph 6 – subparagraph 1
Fibre counting shall be carried out by phase-contrast microscope (PCM) in accordelectron microscopy or any other method giving equivalent or better results. For the purposes of ensuring compliance with the method asures on fibre commended in 1997 by the World Health Organization (WHO)* or, wherever possible, any other method giving equivalent or better results, such as a method based on electron microscopy (EM)unting referred to in this Article, the Commission shall support Member States by providing appropriate technical guidance, including on the technical transition from phase- contrast microscopy to electron microscopy, and information on relevant Union funds which can be used to support that transition.
Amendment 181 #
2022/0298(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2009/148/EC
Article 8
Article 8
Employers shall ensure that no worker is exposed to an airborne concentration of asbestos in excess of 0.001 fibres per cm³ (1 000 fibres per m³) as an 8-hour time- weighted average (TWA).
Amendment 186 #
2022/0298(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 a (new)
Article 1 – paragraph 1 – point 5 a (new)
Directive 2009/148/EC
Article 10 – paragraph 1
Article 10 – paragraph 1
Amendment 191 #
2022/0298(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2009/148/EC
Article 11 – paragraph 1
Article 11 – paragraph 1
Before beginning demolition or maintenance work, employers shall take, if appropriate by obtaining information from the owners of the premises as well as from other sources of information, including relevant registers, all necessary steps to identify presumed asbestos- containing materials or renovation works on premises built before the year in which the national asbestos ban entered into force, the employer shall commission a screening to identify the asbestos- containing materials likely to be affected by the work. The premises shall be screened to identify all asbestos- containing materials, in accordance with the requirements of Part 6 of Annex XVII to Regulation (EC) No 1907/2006 and Annex I to Regulation (EU) No 305/2011. The screening shall be conducted by a qualified and certified operator or authority, taking into account Articles 14 and 15 of this Directive, and the national building law provisions. Such screening shall, where available, be based on information from public asbestos registries. This shall by no means replace the employers’ duty to carry out a comprehensive risk assessment.
Amendment 193 #
2022/0298(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2009/148/EC
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
(6a) In Article 11, the following paragraph is added: 1a. The Member States shall regulate the details of explorations and investigations for the detection of asbestos-containing materials, in accordance with their national building regulations. Where the complete absence of asbestos cannot be guaranteed, works shall be conducted in accordance with the provisions of this Directive where asbestos is present.
Amendment 194 #
2022/0298(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2009/148/EC
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
(6a) In Article 11, the following paragraph is added: 1a. The Member States shall establish public registers of the certified operators authorised to carry out the asbestos screening, subject to minimum quality standards and in accordance with their national law and practice.
Amendment 201 #
2022/0298(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
Directive 2009/148/EC
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
(6a) In Article 12 (1), the introductory part is amended as follows: "In the case of certain activities such as demolition, asbestos removal work, repairing and maintenance, in respect of which it is foreseeable that the limit value set out in Article 8 will be exceeded despite the use of all possible technical preventive measures for limiting asbestos in air concentrations, the employer shall determine the measures intended to ensure protection of the workers while they are engaged in such activities, in particular the following: "
Amendment 204 #
2022/0298(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 b (new)
Article 1 – paragraph 1 – point 6 b (new)
Directive 2009/148/EC
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
(6b) Article 12(1) is replaced by the following: In the case of certain activities such as demolition, asbestos removal work, repairing and maintenance, in respect of which it is foreseeable that the limit value set out in Article 8 will be exceeded despite the use of technical preventive measures for limiting asbestos in air concentrations, the employer shall determine the measures intended to ensure protection of the workers while they are engaged in such activities, in particular the following: "(a) workers shall be issued with suitable respiratory and other personal protective equipment, which must be worn; and (b) warning signs shall be put up indicating that it is foreseeable that the limit value laid down in Article 8 will be exceeded; and (c) the spread of dust arising from asbestos or materials containing asbestos outside the premises or site of action shall be prevented and ventilation of air from asbestos removal sites into enclosed spaces shall not be allowed; and (d) a measurement of asbestos fibres concentration in the air shall be carried out after activities referred to in the first paragraph have been concluded in order to ensure that workers can safely re-enter the workplace. The workers and/or their representatives in the undertaking or establishment shall be consulted on these measures before the activities concerned are carried out."
Amendment 211 #
2022/0298(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 c (new)
Article 1 – paragraph 1 – point 6 c (new)
Directive 2009/148/EC
Article 13 – paragraph 1
Article 13 – paragraph 1
Amendment 214 #
2022/0298(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 g (new)
Article 1 – paragraph 1 – point 6 g (new)
(6g) In Article 14, paragraph 2 is replaced by the following: "2. The content of the training mustshall be easily understandable for workers. It mustshall enable them to acquire the necessary knowledge and skills in terms of prevention and safety, particularly as regards: (a) the properties of asbestos and its effects on health, including the synergistic effect of smoking; (b) the types of products or materials likely to contain asbestos; (c) the operations that could result in asbestos exposure and the importance of preventive controls to minimise exposure; (d) safe work practices, controls and protective equipment; (e) the appropriate role, choice, selection, limitations and proper use of respiratory equipment; (f) emergency procedures; (g) decontamination procedures; (h) waste disposal; (i) medical surveillance requirements.in accordance with the national law and practice applicable where the work takes place."
Amendment 219 #
2022/0298(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 h (new)
Article 1 – paragraph 1 – point 6 h (new)
Amendment 223 #
2022/0298(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 f (new)
Article 1 – paragraph 1 – point 6 f (new)
Directive 2009/148/EC
Article 15 – paragraph 1
Article 15 – paragraph 1
Amendment 229 #
2022/0298(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 j (new)
Article 1 – paragraph 1 – point 6 j (new)
Directive 2009/148/EC
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
(6j) In Article 15, the following paragraph is added: 1a. Competent authorities shall grant permits to undertakings only if they have no doubt as to the reliability of the undertaking and its management. The permits shall be renewable every five years, in accordance with national law and practice.
Amendment 231 #
2022/0298(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 h (new)
Article 1 – paragraph 1 – point 6 h (new)
Directive 2009/148/EC
Article 15 – paragraph 1 b (new)
Article 15 – paragraph 1 b (new)
(6h) In Article 15, the following paragraph is added: 1b. Member States shall establish public registers of the undertakings that have been granted permits to remove asbestos pursuant to paragraph 1.
Amendment 235 #
2022/0298(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 k (new)
Article 1 – paragraph 1 – point 6 k (new)
Directive 2009/148/EC
Article 16 – paragraph 1 – introductory part
Article 16 – paragraph 1 – introductory part
(6k) In Article 16 (1), introductory part is replaced by the following: "In the case of all activities referred to in Article 3(1), and subject to Article 3(3), appropriate measures shall be taken to ensure that:"
Amendment 241 #
2022/0298(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 l (new)
Article 1 – paragraph 1 – point 6 l (new)
Directive 2009/148/EC
Article 16 – paragraph 1 – point c
Article 16 – paragraph 1 – point c
(6l) In Article 16(1), point c is replaced by the following: "(c) workers are provided with appropriate working or protective clothing; this as well as protective equipment, in particular respiratory equipment, which is subject to a mandatory individual fitting check; that all working or protective clothing remains within the undertaking; it may, however, be laundered in establishments outside the undertaking which are equipped for this sort of work if the undertaking does not carry out the cleaning itself; in that event the clothing shall be transported in closed containers; "
Amendment 243 #
2022/0298(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 m (new)
Article 1 – paragraph 1 – point 6 m (new)
Directive 2009/148/EC
Article 16 – paragraph 1 – point c a (new)
Article 16 – paragraph 1 – point c a (new)
(6m) In Article 16(1), the following point is added: (ca) regular compulsory breaks with sufficient time for rest are provided for workers wearing respiratory equipment;
Amendment 248 #
2022/0298(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 n (new)
Article 1 – paragraph 1 – point 6 n (new)
Directive 2009/148/EC
Article 16 – paragraph 1 – point e
Article 16 – paragraph 1 – point e
(6n) In Article 16(1), point e is replaced by the following: "(e) workers are provided with appropriate and adequate washing and toilet facilities, including showers in the case of dusty operations;, and are subject to a mandatory decontamination procedure; The decontamination procedure shall be designed with involvement of the relevant sectoral social partners to cover sector specific needs;"
Amendment 255 #
2022/0298(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 p (new)
Article 1 – paragraph 1 – point 6 p (new)
Directive 2009/148/EC
Article 17 – paragraph 2
Article 17 – paragraph 2
(6p) In Article 17, paragraph 2 is replaced by the following: "2. In addition to the measures referred to in paragraph 1, and subject to Article 3(3), appropriate measures shall be taken to ensure that:"
Amendment 256 #
2022/0298(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 q (new)
Article 1 – paragraph 1 – point 6 q (new)
Directive 2009/148/EC
Article 18 – paragraph 1
Article 18 – paragraph 1
Amendment 259 #
2022/0298(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 r (new)
Article 1 – paragraph 1 – point 6 r (new)
Directive 2009/148/EC
Article 18 – paragraph 2
Article 18 – paragraph 2
(6r) In Article 18, paragraph 2 is replaced by the following: "2. A new assessment must be available at least once every 3 years for as long as exposure continues. An individual health record shall be established and kept for a minimum of 40 years in accordance with national laws and/or practices for each worker referred to in the first subparagraph."
Amendment 262 #
2022/0298(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 s (new)
Article 1 – paragraph 1 – point 6 s (new)
Directive 2009/148/EC
Article 18 b a (new)
Article 18 b a (new)
(6s) The following Article is inserted: “Article 18ba 1. By ... [one year after the date of entry into force of this amending Directive], the Commission shall, in cooperation with the Advisory Committee for Safety and Health at Work, develop guidelines to support the application of this Directive. Those guidelines shall provide, where appropriate, sector-specific responses. 2. By entry into force of this amending Directive, the Commission shall start the consultation process for updating the fibrous silicates within the scope of this Directive and, in that context, assess the inclusion of riebeckite, winchite, richterite, fluoro-edenite. After consulting the social partners, the Commission shall, propose necessary amendments to this Directive in a legislative proposal. 3. By ... [five years after the date of entry into force of this amending Directive] and every five years thereafter, the Commission shall, after consulting the social partners, review the technological and scientific state of asbestos identification, measurement or warning technology and issue guidelines for when such technology is to be used in order to protect workers from exposure to asbestos.
Amendment 266 #
2022/0298(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 t (new)
Article 1 – paragraph 1 – point 6 t (new)
Directive 2009/148/EC
Article 19 – paragraph 1
Article 19 – paragraph 1
Amendment 272 #
2022/0298(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7 a (new)
Article 1 – paragraph 1 – point 7 a (new)
Directive 2009/148/EC
Article 21
Article 21
(7a) Article 21 is replaced by the following: "Member States shall keep a register of all recognised cases of asbestosis and mesothelioma.-related occupational diseases. An indicative list of diseases that can be caused by asbestos exposure is set out in Annex I."
Amendment 278 #
2022/0298(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7 b (new)
Article 1 – paragraph 1 – point 7 b (new)
Directive 2009/148/EC
Article 21 – paragraph 1 a (new)
Article 21 – paragraph 1 a (new)
(7b) In Article 21, the following paragraph is inserted: The term recognised cases referred to in paragraph 1 shall not be limited to cases for which the compensation is granted, but shall refer to all cases of medically diagnosed asbestos-related diseases.
Amendment 282 #
2022/0298(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7 c (new)
Article 1 – paragraph 1 – point 7 c (new)
(7c) The following Article is inserted: Article 21a All existing information, including from relevant registers, regarding the presence and location of asbestos shall be made available to firefighters and the emergency services.
Amendment 286 #
2022/0298(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7 d (new)
Article 1 – paragraph 1 – point 7 d (new)
Directive 2009/148/EC
Annex I – point 1
Annex I – point 1
(7d) In Annex I, point 1 is replaced by the following "1. Current knowledge indicates that exposure to free asbestos fibres can at least give rise to the following diseaseasbestos-related occupational diseases which Member States therefore shall introduce into their national law provisions: — asbestosis, — mesothelioma, — lung carcinoma including bronchial carcinoma, — gastro-intestinal carcinoma. , — carcinoma of the larynx, — carcinoma of the ovary, — benign pleural diseases including fibrotic lesions, rounded atelectasis and benign pleural effusion — non-malignant pleural diseases. 1a. Positive associations have been noted by the International Agency for Research on Cancer between asbestos exposure and the following diseases: — pharyngeal cancer, — colorectal cancer, — stomach cancer."
Amendment 289 #
2022/0298(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7 e (new)
Article 1 – paragraph 1 – point 7 e (new)
Directive 2009/148/EC
Annex I a (new)
Annex I a (new)
Amendment 50 #
2022/0278(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Past crises, especially the early days of the COVID-19 pandemic, have shown that the internal market (also referred to as the Single Market and), its supply chains and workers can be severely affected by such crises, and appropriate crisis management tools and coordination mechanisms are either lacking, do not cover all aspects of the Single market or do not allow for a timely response to such impacts; a response protecting private profits resulted in abuses of workers' rights and a lack of protection and support, impacting especially cross-border and mobile workers..
Amendment 56 #
2022/0278(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Actions by the Commission were delayed by several weeks due to the lack of any Union wide contingency planning measures and ofclarity as to which part of the national administration to contact to find rapid solutions to the impact on the Single Market being cause by the crisis. In addition it became clear that uncoordinated restrictive actions taken by the Member States would further aggravate the impacts of the crisis on the Single market. It emerged that there is a need for arrangements between the Member States and Union authorities as regards contingency planning, technical level coordination and cooperation and information exchange; trade unions played an essential role to protect workers' rights during the implementation of such measures and should be able to participate fully in their design and implementation .
Amendment 60 #
2022/0278(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Representative organisations of trade unions and economic operators have suggested that economic operatorsthey did not have sufficient information on the crisis response measures of the Member States during the pandemics, partly due to not knowing where to obtain such information, partly due to language constraints and the administrative burden implied in making repeated inquiries in all the Member States, especially in a constantly changing regulatory environment. This prevented them from making informed business decisions as to what extent they may rely on their free movement rights or continue cross-border business operations during the crisito protect workers' rights and working conditions. It is necessary to improve the availability of information on national and Union level crisis response measures.
Amendment 66 #
2022/0278(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) These recent events have also highlighted the need for the Union to be better prepared for possible future crises, especially as we consider the continuing effects of climate change and resulting natural disasters as well as global economic and geopolitical instabilities. Given the fact that it is not known which kind of crises could come up next and produce severe impacts on the Single Market and its supply chains in the future, it is necessary to provide for an instrument that would apply with regards to impacts on the Single Marketan instrument that would look at impacts on working classes of a wide range of crises could be useful..
Amendment 67 #
2022/0278(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The impact of a crisis on the Single Market can be two-fold. On the one hand, a crisis can lead to obstacles to free movement within the Single Market, thus disrupting its normal functioning. On the other hand, a crisis can amplify shortages of crisis-relevant goods and services on the Single Market. The Regulation should address both types of impacts on the Single Market, without ever impeding or impact the right to take collective action as a fundamental workers' right.
Amendment 70 #
2022/0278(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Since any specific aspects of future crises that would impact the Single Market and its supply chains are hard to predict, this Regulation should provide for a general framework for anticipating, preparing for, mitigating and minimising the negative impacts which any crisis may cause on the Single Market and, its supply chains. . and workers. Such framework should respect and safeguard fundamental human rights and workers' rights.
Amendment 72 #
2022/0278(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The framework of measures set out under this Regulation should be deployed in a coherent, transparent, efficient, proportionate and timely manner, having due regard to the need to maintain vital societal functions, meaning including public security, safety, public order, or public health respecting, the responsibility of the Member States to safeguard national security and their power to safeguard other essential state functions, including ensuring the territorial integrity of the State and maintaining law and order. Trade Unions' autonomy and their collective bargaining rights should be protected while elaborating and implementing such measures.
Amendment 72 #
2022/0278(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Actions by the Commission were delayed by several weeks due to the lack of any Union wide contingency planning measures and ofclarity as to which part of the national administration to contact to find rapid solutions to the impact on the Single Market being cause by the crisis. In addition it became clear that uncoordinated restrictive actions taken by the Member States would further aggravate the impacts of the crisis on the Single market. It emerged that there is a need for arrangements between the Member States and Union authorities as regards contingency planning, technical level coordination and cooperation and information exchange. ; trade unions played an essential role to protect workers' rights during the implementation of such measures and should be able to participate fully in their design and implementation;
Amendment 74 #
2022/0278(COD)
Proposal for a regulation
Recital 9 – indent 1
Recital 9 – indent 1
— the necessary means to ensure the continued functioning of the Single Market, the businesses that operate on the Single Market and its strategic supply chains, including the free circulation of goods, services and persons in times of crisis, the protection of workers' rights and working conditions and the availability of crisis relevant goods and services to citizens, businesses and public authorities at the time of crisis;
Amendment 77 #
2022/0278(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The framework of measures set out under this Regulation should be deployed in a coherent, transparent, efficient, proportionate and timely manner, having due regard to the need to maintain vital societal functions, meaning including public security, safety, public order, or public health respecting, the responsibility of the Member States to safeguard national security and their power to safeguard other essential state functions, including ensuring the territorial integrity of the State and maintaining law and order; Trade Unions' autonomy and their collective bargaining rights should be protected while elaborating and implementing such measures.
Amendment 80 #
2022/0278(COD)
Proposal for a regulation
Recital 9 – indent 3
Recital 9 – indent 3
— the means for the timely accessibility and availability of the information which is needed for a targeted response and adequate market behaviour byresponse by workers, businesses and citizens during a crisis.
Amendment 80 #
2022/0278(COD)
(21) The activation of the Single Market emergency mode should trigger an obligation for the Member States to notify crisis-relevant free movement restrictions. If workers' rights and working conditions are affected by the activation, trade unions should be informed and consulted, as well as be able to participate in the decision-making.
Amendment 81 #
2022/0278(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Furthermore, in order to ensure the proportionality of the implementing acts and duefull respect for the role of trade unions and other relevant economic operators in crisis management, the Commission should only resort to the activation of the Single Market emergency mode, where economic operators are not able to provide a solution on a voluntary basis within a reasonable time. Why this is the case should be indicated in each such act, and in relation to all particular aspects of a crisis.
Amendment 85 #
2022/0278(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) Where there is a severe shortage of crisis-relevant products or services on the Single market during a Single Market emergency, and it is clear that the economic operators that operate on the Single market do not produce any such goods, but would in principle be able to repurpose their production lines or would have insufficient capacity to provide the goods or services needed, the Commission should be able to recommend to the Member States as a last resort to take measures to facilitate or request the ramping up or repurposing of production capacity of manufacturers or the capacity of the service providers to provide crisis- relevant services. In doing so the Commission would inform the Member States as to the severity of the shortage and the type of the crisis-relevant goods or services that are needed and would provide support and advice in relation to the flexibilities in the EU acquis for such purposes. . If any ramping up or repurposing of production capacity of manufacturers have an impact on workers in a company or sector, whether on working conditions or pay conditions, trade unions should be able to participate fully in the process, in addition to being informed and consulted before and during the implementation phase.
Amendment 86 #
2022/0278(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) Additionally, to ensure that crisis- relevant goods are available during the Single Market emergency, the Commission may invite the economic operators that operate in crisis-relevant supply chains to prioritise the orders of inputs necessary for the production of final goods that are crisis relevant, or the orders of such final goods themselves. Should an economic operator refuse to accept and prioritise such orders, following objective evidence that the availability of crisis-relevant goods is indispensable, the Commission may decide to invite the economic operators concerned to accept and prioritise certain orders, the fulfilment of which will then take precedence over any other private or public law obligations. In the event of failure to accept, the operator in question should explain its legitimate reasons for declining the request. The Commission may make such reasoned explanation or parts of it public, with due regard to business confidentiality. When there are consequences for workers, both in terms of working conditions and increases and decreases in activity, trade unions of the companies and sector concerned should be able to participate fully in the process, in addition to being informed and consulted before the decision to redirect production is taken and throughout the implementation phase. Workers who at the end of this process would change job position should be consulted, supported and trained and be entitled to compensation, including financial ones. Workers' occupational health and safety must in all cases remain the priority for all economic operators and public authorities.
Amendment 87 #
2022/0278(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Article 45 TFEU lays down the right to free movement of workers without any discrimination based on nationality, subject to the limitations and conditions laid down in the Treaties and the measures adopted to give them effect. This Regulation contains provisions which complement the existing measures in order to preinforcserve free movement of persons, protect workers, ensure their safety, increase transparency and provide administrative assistance during Single Market emergencies. Such measures include setting up and making available of the single points of contact to workers and their representatives in the Member States and at Union level during the Single Market vigilance and emergency modes under this regulation.
Amendment 94 #
2022/0278(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) If Member States adopt measures affecting free movement of goods or persons, goods or the freedom to provide services in preparation for and during Single Market emergencies, they should limit such measures to what is necessary and remove them as soon as the situation allows it. Such measures should respect fundamental human rights, workers' rights, as well as the principles of proportionality and non- discrimination and should take into consideration the particular situation of border regions, especially of cross-border and frontier workers.
Amendment 94 #
2022/0278(COD)
Proposal for a regulation
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2a. This Regulation shall not in any way affect the exercise of fundamental rights as recognised in the Member States and at Union level, including the right or freedom to strike or to take other action covered by the specific industrial relations systems in Member States, in accordance with national law and/or practice. Nor does it affect the right to negotiate, to conclude and enforce collective agreements, or to take collective action in accordance with national law and/or practice.
Amendment 96 #
2022/0278(COD)
Proposal for a regulation
Recital 20 a (new)
Recital 20 a (new)
(20 a) In cases of restrictions to the free movement of workers, teleworking options should be set up when possible, particularly when it affects cross-border and frontier workers. When such options are not possible due to the nature of their tasks, workers' right to health and safety should be prioritised.
Amendment 97 #
2022/0278(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) The activation of the Single Market emergency mode should trigger an obligation for the Member States to notify crisis-relevant free movement restrictions. If workers' rights and working conditions are affected by the activation, trade unions should be informed and consulted, as well as be able to participate in the decision-making.
Amendment 97 #
2022/0278(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
(1) ‘crisis’ means an exceptional unexpected and sudden, natural or man- made event of extraordinary nature and scale, with the exclusion of collective actions, that takes place inside or outside of the Union and results of risks to result in a significant disruption of the supply of goods and services; Neither the exercise of fundamental rights, nor the right in itself, can ever be considered constituent elements of a crisis;
Amendment 100 #
2022/0278(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) When examining the compatibility of any notified draft or adopted measures with the principle of proportionality, tThe Commission should pay due regard to the evolving crisis situation and often limited information that is at the disposal of the Member States when they seek to reduce the emerging risks in the context of the crisis. Where justified and necessary in the circumstances, the Commission mayshould consider based on any available information, including specialised or scientific information, the merits of Member State arguments relying on the precautionary principle as a reason for adoption of free movement of persons restrictions. It is the task of the Commission to ensure that such measures comply with Union law and do not create unjustified obstacles to the functioning of the Single Market, while fully respecting fundamental human rights and workers' rights as set out in national, European and international law. The Commission should react to the notifications of Member States as quickly as possible, taking into account the circumstances of the particular crisis, and at the latest within the time- limits set out by this Regulation.
Amendment 104 #
2022/0278(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) In order to ensure that the specific Single Market emergency measures provided for in this Regulation are used only where this is indispensable for responding to a particular Single Market emergency, such measures should require individual activation by means of Commission implementing acts, which indicate the reasons for such activation, the compliance with fundamental human rights and workers' rights and the crisis- relevant goods or services that such measures apply to.
Amendment 105 #
2022/0278(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Furthermore, in order to ensure the proportionality of the implementing acts and duefull respect for the role of trade unions and other relevant economic operators in crisis management, the Commission should only resort to the activation of the Single Market emergency mode, where trade unions and economic operators are not able to provide a solution on a voluntary basis within a reasonable time. Why this is the case should be indicated in each such act, and in relation to all particular aspects of a crisis.
Amendment 106 #
2022/0278(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The advisory group shall be composed of one representative from each Member State. Each Member State shall nominate a representative and an alternate representative. Cross-industry social partner organisations at Union level may designate four representatives to the advisory group with will be composed of at least 50% representation of trade union organisations.
Amendment 107 #
2022/0278(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The Commission shall chair the advisory group and ensure its secretariat. The Commission may invite a representative of the European Parliament, representatives of EFTA States that are contracting parties to the Agreement on the European Economic Area49, additionalrepresentatives of trade unions,economic operators, stakeholder organisations, social partners and experts, to attend meetings of the advisory group as observers. It shall invite the representatives of other crisis-relevant bodies at Union level as observers to the relevant meetings of the advisory group. _________________ 49 OJ L 1, 3.1.1994, p. 3.
Amendment 109 #
2022/0278(COD)
Proposal for a regulation
Article 4 – paragraph 5 – point c
Article 4 – paragraph 5 – point c
(c) consulting the representatives of trade unions and economic operators, including SMEs, and industry to collect marketsocio-economic intelligence;
Amendment 110 #
2022/0278(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) Where there is a severe shortage of crisis-relevant products or services on the Single market during a Single Market emergency, and it is clear that the economic operators that operate on the Single market do not produce any such goods, but would in principle be able to repurpose their production lines or would have insufficient capacity to provide the goods or services needed, the Commission should be able to recommend to the Member States as a last resort to take measures to facilitate or request the ramping up or repurposing of production capacity of manufacturers or the capacity of the service providers to provide crisis- relevant services. In doing so the Commission would inform the Member States as to the severity of the shortage and the type of the crisis-relevant goods or services that are needed and would provide support and advice in relation to the flexibilities in the EU acquis for such purposes. If any ramping up or repurposing of production capacity of manufacturers have an impact on workers in a company or sector, whether on working conditions or pay conditions, trade unions should be able to participate fully in the process, in addition to being informed and consulted before and during the implementation phase.
Amendment 113 #
2022/0278(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) Additionally, to ensure that crisis- relevant goods are available during the Single Market emergency, the Commission may invite the economic operators that operate in crisis-relevant supply chains to prioritise the orders of inputs necessary for the production of final goods that are crisis relevant, or the orders of such final goods themselves. Should an economic operator refuse to accept and prioritise such orders, following objective evidence that the availability of crisis-relevant goods is indispensable, the Commission may decide to invite the economic operators concerned to accept and prioritise certain orders, the fulfilment of which will then take precedence over any other private or public law obligations. In the event of failure to accept, the operator in question should explain its legitimate reasons for declining the request. The Commission may make such reasoned explanation or parts of it public, with due regard to business confidentiality. When there are consequences for workers, both in terms of working conditions and increases and decreases in activity, trade unions of the companies and sector concerned should be able to participate fully in the process, in addition to being informed and consulted before the decision to redirect production is taken and throughout the implementation phase. Workers who at the end of this process would change job position should be consulted, supported and trained and be entitled to compensation, including financial ones. Workers' occupational health and safety must in all cases remain the priority for all economic operators and public authorities.
Amendment 113 #
2022/0278(COD)
Proposal for a regulation
Article 4 – paragraph 9
Article 4 – paragraph 9
9. The advisory group may adopt opinions, recommendations or reports in the context of its tasks set out in paragraphs 4 to 6, which shall be made public without delay.
Amendment 114 #
2022/0278(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission as regards the possibility to adopt supportive measures for facilitating free movement of persons and the protection of workers exercising this right, for establishing a list of individual targets (quantities and deadlines) for those strategic reserves that the Member States should maintain, so that the objectives of the initiative are achieved. Furthermore, implementing powers should be conferred on the Commission as regards activating the vigilance mode and vigilance measures in order to carefully monitor the strategic supply chains and coordinate the building up of strategic reserves for goods and services of strategic importance. Moreover, implementing powers should be conferred on the Commission as regards activation of specific emergency response measures at the time of a Single Market emergency, to allow for a rapid and coordinated response. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.
Amendment 114 #
2022/0278(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) consultation of the representatives of trade unions and economic operators and social partners, including SMEs, on their initiatives and actions to mitigate and respond to potential supply chain disruptions and overcome potential shortages of goods and services in the Single Market;
Amendment 115 #
2022/0278(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) This Regulation respects fundamental rights and observes the principles recognised in particular by the European Social Charter and the Charter of Fundamental Rights of the European Union (the ‘Charter’), notably everyone’s right to liberty and security of person, as enshrined in Article 6. In particular, it respects the right to privacy of the economic operators enshrined in Article 7 of the Charter, right to data protection set out in Article 8 of the Charter, the freedom to choose an occupation and right to engage in work as protected by Article 15 of the Charter, the freedom to conduct business and the freedom of contract, which are protected by Article 16 of the Charter, the right to property, protected by Article 17 of the Charter, right to collective bargaining and action protected by Article 268 of the Charter, the right to fair and just working conditions as protected by Article 31 of the Charter, and the right to an effective judicial remedy and to a fair trial as provided for in Article 47 of the Charter. No emergency measure triggered under this Regulation in response to a crisis in the Single Market should be used to undermine or circumvent fundamental human rights and workers' rights as guaranteed under the Charter, the European Social Charter or international human rights instruments. Since the objective of this Regulation cannot be sufficiently achieved by the Member States and can rather, by reason of the scale or effects of the action, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective. The Regulation should not affect the autonomy of the social partners as recognised by the TFEU.
Amendment 116 #
2022/0278(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point a
Article 8 – paragraph 3 – point a
(a) the number of economic operators and workers affected by the disruption or potential disruption;
Amendment 119 #
2022/0278(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) The Union framework shall include interregional elements to establish coherent, multi-sectoral, cross-border Single Market vigilance and emergency response measures, in particular considering the resources, capacities and vulnerabilities across neighbouring regions, specifically border regions, with a special focus on workers' rights and working conditions of cross-border and frontier workers.
Amendment 122 #
2022/0278(COD)
Proposal for a regulation
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. Where the Commission, taking into consideration the opinion provided by the advisory group, considers that the threat referred to in Article 3(2) is present, it shall activate the vigilance mode for a maximum duration of six months by means of an implementing act and report such activation to the European Parliament without delay. Such an implementing act shall contain the following:
Amendment 126 #
2022/0278(COD)
Proposal for a regulation
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2 a. This Regulation shall not in any way affect the exercise of fundamental rights as recognised in the Member States and at Union level, including the right or freedom to strike or to take other action covered by the specific industrial relations systems in Member States, in accordance with national law and/or practice. Nor does it affect the right to negotiate, to conclude and enforce collective agreements, or to take collective action in accordance with national law and/or practice.
Amendment 130 #
2022/0278(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. The measures set out in this Regulation apply in relation to significant impacts of a crisis on the functioning of the Single Market and its supply chains, while fully respecting and safeguarding fundamental human rights as laid down in the European Social Charter and the Charter of Fundamental Rights of the European Union..
Amendment 133 #
2022/0278(COD)
Proposal for a regulation
Article 2 – paragraph 7
Article 2 – paragraph 7
7. Any actions under this Regulation shall be consistent with Union’s obligations under international law, including human rights and workers' rights obligations of the Union and its Member States resulting from international human rights instruments.
Amendment 135 #
2022/0278(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
(1) ‘crisis’ means an exceptional unexpected and sudden, natural or man- made event of extraordinary nature and scale, with the exclusion of collective actions, that takes place inside or outside of the Union and results or risks to result in a significant disruption of the supply of goods and services; Neither the exercise of fundamental rights, nor the rights in itself, can ever be considered constituent elements of a crisis;
Amendment 139 #
2022/0278(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The Commission, if it considers that the reasons for activating the vigilance mode pursuant to Article 9(1) remain valid, and taking into consideration the opinion provided by the advisory group, may extend the vigilance mode for a maximum duration of six months by means of an implementing act. Such extension shall be reported to the European Parliament without delay.
Amendment 141 #
2022/0278(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
(3) ‘Single Market emergency’ means a wide-ranging impact of a crisis on the Single Market, with the exception of the exercise of fundamental rights, including collective actions , that severely disrupts the free movement on the Single Market or the functioning of the supply chains that are indispensable in the maintenance of vital societal or economic activities in the Single Market;
Amendment 141 #
2022/0278(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Where the Commission, taking into consideration the opinion provided by the advisory group, finds that the threat referred to in Article 3(2) is no longer present, with respect to some or all vigilance measures or for some or all of the goods and services, it shall deactivate the vigilance mode in full or in part by means of an implementing act. Such extension shall be reported to the European Parliament without delay.
Amendment 143 #
2022/0278(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. When the vigilance mode has been activated in accordance with Article 9, national competent authorities shall monitor the supply chains of goods and services of strategic importance that have been identified in the implementing act activating the vigilance mode, as well as the compliance with workers' rights and working conditions in the identified strategic areas. Trade unions shall be consulted for this purpose.
Amendment 150 #
2022/0278(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The advisory group shall be composed of one representative from each Member State. Each Member State shall nominate a representative and an alternate representative. Cross-industry social partner organisations at Union level may designate four representatives to the advisory group that will be composed of at least 50% representation of trade union organisations.
Amendment 152 #
2022/0278(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The Commission shall chair the advisory group and ensure its secretariat. The Commission may invite a representative of the European Parliament, representatives of EFTA States that are contracting parties to the Agreement on the European Economic Area49, additionalrepresentatives of trade unions.economic operators, stakeholder organisations, social partners and experts, to attend meetings of the advisory group as observers. It shall invite the representatives of other crisis- relevant bodies at Union level as observers to the relevant meetings of the advisory group. _________________ 49 OJ L 1, 3.1.1994, p. 3.
Amendment 158 #
2022/0278(COD)
Proposal for a regulation
Article 4 – paragraph 5 – point c
Article 4 – paragraph 5 – point c
(c) consulting the representatives of trade unions and economic operators, including SMEs, and industry to collect marketanalyse the impact on workers' rights and collect socio-economic intelligence;
Amendment 162 #
2022/0278(COD)
Proposal for a regulation
Article 4 – paragraph 5 – point f
Article 4 – paragraph 5 – point f
(f) maintaining a repository of national and Union crisis measures that have been used in previous crises that have had an impact on workers' rights and working conditions as well as in the Single Market and its supply chains
Amendment 168 #
2022/0278(COD)
Proposal for a regulation
Article 4 – paragraph 9
Article 4 – paragraph 9
9. The advisory group may adopt opinions, recommendations or reports in the context of its tasks set out in paragraphs 4 to 6, which shall be made public without delay.
Amendment 173 #
2022/0278(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) consultation of the representatives of economic operators and social partnetrade unions and economic operators, including SMEs, on their initiatives and actions to secure worker's rights and working conditions, to mitigate and respond to potential supply chain disruptions and overcome potential shortages of goods and services in the Single Market, including the impact of such initiatives on workers' rights and working conditions;
Amendment 179 #
2022/0278(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point a
Article 8 – paragraph 3 – point a
(a) the number of economic operators and workers affected by the disruption or potential disruption;
Amendment 181 #
2022/0278(COD)
Proposal for a regulation
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. Where the Commission, taking into consideration the opinion provided by the advisory group, considers that the threat referred to in Article 3(2) is present, it shall activate the vigilance mode for a maximum duration of six months by means of an implementing act and report such activation to the European Parliament without delay. Such an implementing act shall contain the following:
Amendment 184 #
2022/0278(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The Commission, if it considers that the reasons for activating the vigilance mode pursuant to Article 9(1) remain valid, and taking into consideration the opinion provided by the advisory group, may extend the vigilance mode for a maximum duration of six months by means of an implementing act. Such extension shall be reported to the European Parliament without delay.
Amendment 185 #
2022/0278(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Where the Commission, taking into consideration the opinion provided by the advisory group, considers there is a Single Market emergency, it shall propose to the Council to activate the Single Market emergency mode. The Commission shall inform the European Parliament of such proposal without delay.
Amendment 186 #
2022/0278(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Where the Commission, taking into consideration the opinion provided by the advisory group, finds that the threat referred to in Article 3(2) is no longer present, with respect to some or all vigilance measures or for some or all of the goods and services, it shall deactivate the vigilance mode in full or in part by means of an implementing act. Such deactivation shall be reported to the European Parliament without delay.
Amendment 186 #
2022/0278(COD)
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
Amendment 187 #
2022/0278(COD)
Proposal for a regulation
Article 16 – paragraph 4
Article 16 – paragraph 4
4. Member States shall inform citizens, consumers, businesses, workers and their representatives about measures that affect their free movement rights in a timely, clear and unambiguous manner. In that sense, Member States shall cooperate with trade unions at local and national levels.
Amendment 188 #
2022/0278(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. When the vigilance mode has been activated in accordance with Article 9, national competent authorities shall monitor the supply chains of goods and services of strategic importance that have been identified in the implementing act activating the vigilance mode, as well as the compliance with workers' rights and working conditions in the identified strategic areas. Trade unions shall be consulted for this purpose.
Amendment 188 #
2022/0278(COD)
Proposal for a regulation
Article 16 – paragraph 5
Article 16 – paragraph 5
5. Member States shall ensure that all affected stakeholders are informed of measures restricting free movement of goods, services and persons, including workers and service providers, before their entry into force. Member States shall ensure a continuous dialogue with stakeholderinvolve trade unions in the elaboration and implementation of such measures, including communication with social partners and international partners.
Amendment 189 #
2022/0278(COD)
Proposal for a regulation
Article 19 – paragraph 6
Article 19 – paragraph 6
6. The Commission shall ensure that workers, citizens and businesses are informed of the notified measures, unless Member States request that the measures remain confidential, or the Commission deems disclosure of those measures would affect the security and public order of the European Union or its Member States, as well as of the decisions and Member States’ comments adopted in accordance with this Article.
Amendment 190 #
2022/0278(COD)
Proposal for a regulation
Article 21 – paragraph 2 a (new)
Article 21 – paragraph 2 a (new)
2a. Members States shall inform and collaborate with trade unions while putting in place such information system.
Amendment 198 #
2022/0278(COD)
Proposal for a regulation
Article 27 – paragraph 3
Article 27 – paragraph 3
3. Where the economic operator to which the decision referred to in paragraph 2 is addressed accepts the requirement to accept and prioritise the orders specified in the decision, that obligation shall take precedence over any performance obligation under private or public law. Accepting priority orders shall not in any circumstances be used to undermine or circumvent workers' rights or working conditions.
Amendment 205 #
2022/0278(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Where the Commission, taking into consideration the opinion provided by the advisory group, considers there is a Single Market emergency, it shall propose to the Council to activate the Single Market emergency mode. The Commission shall inform the European Parliament of such proposal without delay.
Amendment 207 #
2022/0278(COD)
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
5. As soon as the Single Market emergency mode is activated, the Commission shall, without delay, consult the advisory group and adopt a list of crisis-relevant goods and services by means of an implementing act. The list may be amended by means of implementing acts.
Amendment 210 #
2022/0278(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. When adopting and applying national measures in response to a Single Market emergency and the underlying crisis, Member States shall ensure that their actions fully comply with the Treaty and Union law, as well as fundamental human rights and workers' rights and, in particular, with the requirements laid down in this Article.
Amendment 215 #
2022/0278(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Any restriction shall be limited in time and removed as soon as the situation allows it. Additionally, any restriction should take into account the situation of border regions and mobile workers, especially for cross-border and frontier workers.
Amendment 218 #
2022/0278(COD)
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
Amendment 224 #
2022/0278(COD)
Proposal for a regulation
Article 16 – paragraph 4
Article 16 – paragraph 4
4. Member States shall inform citizens, consumers, businesses, workers and their representatives about measures that affect their free movement rights in a timely, clear and unambiguous manner. In that sense, Member States shall cooperate with trade unions at local and national levels.
Amendment 228 #
2022/0278(COD)
Proposal for a regulation
Article 16 – paragraph 5
Article 16 – paragraph 5
5. Member States shall ensure that all affected stakeholders are informed of measures restricting free movement of goods, services and persons, including workers and service providers, before their entry into force. Member States shall ensure a continuous dialogue with stakeholderinvolve trade unions in the elaboration and implementation of such measures, including communication with social partners and international partners.
Amendment 234 #
2022/0278(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point d – introductory part
Article 17 – paragraph 1 – point d – introductory part
(d) restrictions on the free movement of persons involved in the production of crisis-relevant goods that are listed in an implementing act adopted pursuant to Article 14, paragraph 5 and their parts or in provision of crisis-relevant services that are listed in an implementing act adopted pursuant to Article 14 paragraph 5 or which are essential to the functioning of the relevant sectors, or other measures having equivalent effect, that:
Amendment 242 #
2022/0278(COD)
Proposal for a regulation
Article 39 a (new)
Article 39 a (new)
Article39a Non regression clause 1. This Regulation is without prejudice to existing national participation rights of social partners, that provide more favourable provisions. 2. This Regulation does not affect labour law, that is any legal or contractual provision concerning employment conditions, working conditions, including health and safety at work and the relationship between employers, workers and their representatives, which Member States apply in accordance with national law which respects Union law. Equally, this Regulation does not affect the social security legislation of the Member States.
Amendment 248 #
2022/0278(COD)
Proposal for a regulation
Article 17 – paragraph 4 – point e
Article 17 – paragraph 4 – point e
(e) imposing restrictions on workers and service providers and their representatives, unless to do so in inherent to the nature of the crisis/Single Market emergency and it does not manifestly go beyond what is necessary for that purpose, always respecting the workers' right to health.
Amendment 250 #
2022/0278(COD)
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
5. When a Single Market emergency has been activated in accordance with Article 14 and the activities exercised by the service providers, business representatives and workers are not affected by the crisis in thea Member State and safe travel is possible despite the crisis, that Member States shall not impose travel restrictions on such categories of persons from other Member States that would prevent them from having access to their place of activity or workplace, unless such measures are explicitly justified by the protection of public health or workers’ rights.
Amendment 252 #
2022/0278(COD)
Proposal for a regulation
Article 17 – paragraph 6 – introductory part
Article 17 – paragraph 6 – introductory part
6. When a Single Market emergency has been activated in accordance with Article 14 and exceptional circumstances resulting from the crisis do not allow all service providers, business representatives and workers from other Member States to travel and to have unhindered access to their place of activity or workplace, but travelling is still possible, Member States shall not impose travel restrictions, on the following categories of persons, unless public health and workers' right to health require such restrictions:
Amendment 256 #
2022/0278(COD)
Proposal for a regulation
Article 17 – paragraph 7
Article 17 – paragraph 7
7. When taking the measures referred to in this provision, the Member States shall ensure full compliance with the Treaties and Union law, especially with workers' rights and working conditions. Nothing in this provision shall be construed as authorising or justifying restrictions to free movement contrary to the Treaties or other provisions of Union law.
Amendment 257 #
2022/0278(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. During the Single Market emergency mode, the Commission may provide for supportive measures to preinforcserve free movement of persons referred to in Article 17(6) and 17(7) by means of implementing acts in so far as these measures do not undermine the exercise of fundamental rights, notably workers’ rights . Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 422(2). On duly justified imperative grounds of urgency relating to the impacts of the crisis on the Single Market, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 42(3).
Amendment 266 #
2022/0278(COD)
Proposal for a regulation
Article 19 – paragraph 6
Article 19 – paragraph 6
6. The Commission shall ensure that workers, citizens and businesses are informed of the notified measures, unless Member States request that the measures remain confidential, or the Commission deems disclosure of those measures would affect the security and public order of the European Union or its Member States, as well as of the decisions and Member States’ comments adopted in accordance with this Article.
Amendment 279 #
2022/0278(COD)
Proposal for a regulation
Article 21 – paragraph 2 a (new)
Article 21 – paragraph 2 a (new)
2 a. Members States shall inform and collaborate with trade unions while putting in place such information system.
Amendment 283 #
2022/0278(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. If an economic operator does not accept and prioritise priority rated orders, the Commission may, at its own initiative or at the request of 14 Member States, assess the necessity and proportionality of resorting to priority rated orders in such cases, the Commission shall give the economic operator concerned as well as trade unions and any parties demonstrably affected by the potential priority rated order, the opportunity to state their positionbe informed and consulted within a reasonable time limit set by the Commission in light of the circumstances of the case. Workers' occupational health and safety must in all cases remain the priority for all economic operators and public authorities. In exceptional circumstances, following such an assessment, the Commission may address an implementing act to the economic operator concerned, requiring it to either accept and prioritise the priority rated orders specified in the implementing act or explain why it is not possible or appropriate for that operator to do so. The Commission’s decision shall be based on objective data showing that such prioritisation is indispensable to ensure the maintenance of vital societal economic activities in the Single Market . Workers affected by such decision whose job would change should be consulted, supported and trained as well as entitled to compensation, including financial ones.
Amendment 284 #
2022/0278(COD)
Proposal for a regulation
Article 27 – paragraph 3
Article 27 – paragraph 3
3. Where the economic operator to which the decision referred to in paragraph 2 is addressed accepts the requirement to accept and prioritise the orders specified in the decision, that obligation shall take precedence over any performance obligation under private or public law. Accepting priority orders shall not in any circumstances be used to undermine or circumvent workers' rights or working conditions.
Amendment 291 #
2022/0278(COD)
Proposal for a regulation
Article 39 a (new)
Article 39 a (new)
Article 39 a Non regression clause 1. This Regulation is without prejudice to existing national participation rights of social partners, that provide more favourable provisions. 2. This Regulation does not affect labour law, that is any legal or contractual provision concerning employment conditions, working conditions, including health and safety at work and the relationship between employers, workers and their representatives, which Member States apply in accordance with national law which respects Union law. Equally, this Regulation does not affect the social security legislation of the Member States.
Amendment 139 #
2022/0272(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) In order to enhance the collaborative development of free and open source software and not to hamper innovation or research, only free and open- source software developed or supplied outside the course ofused as a monetised product in a commercial activity should not be covered by this Regulation. This is in particular the case for software, including its source code and modified versions, that is openly shared and freely accessible, usable, modifiable and redistributable. In the context of software, a commercial activity might be characterized not only by charging a price for a product, but also by charging a price for technical support services, by providing a software platform through which the manufacturer monetises other services, or by the use of personal data for reasons other than exclusively for improving the security, compatibility or interoperability of the software. Under this Regulation, as manufacturer is considered the party commercially supplying the product to the market.
Amendment 153 #
2022/0272(COD)
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24a) Manufacturers of products with digital elements shall provide software updates in a clear and transparent way in order to enhance the security protection and the functionality of the products, during the entire duration of the product's expected lifetime. Functionality and security updates shall be differentiated and users shall be clearly informed by the manufacturers regarding the nature and features of the updates. Software updates shall not intentionally affect the functionalities and the intended use of the products nor lessen its expected period of lifetime.
Amendment 156 #
2022/0272(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) Critical products with digital elements should be subject to stricter third- party conformity assessment procedures, while keeping a proportionate approachcertified by the relevant EU and Member States' authorities. For this purpose, critical products with digital elements should be divided into two classes, reflecting the level of cybersecurity risk linked to these categories of products. A potential cyber incident involving products in class II might lead to greater negative impacts than an incident involving products in class I, for instance due to the nature of their cybersecurity-related function or intended use in sensitive environments, and therefore should undergo a stricter conformity assessment procedure.
Amendment 217 #
2022/0272(COD)
Proposal for a regulation
Article 2 – paragraph 5 a (new)
Article 2 – paragraph 5 a (new)
5a. This regulation does not apply to free and open source software supplied outside the course of a commercial activity.
Amendment 287 #
2022/0272(COD)
8. Manufacturers shall keep the technical documentation and the EU declaration of conformity, where relevant, at the disposal of the market surveillance authorities for ten years after the product with digital elements has been placed on the market.
Amendment 292 #
2022/0272(COD)
Proposal for a regulation
Article 10 – paragraph 10
Article 10 – paragraph 10
10. Manufacturers shall ensure that products with digital elements are accompanied by the information and instructions set out in Annex II, in an electronic or physical form. Such information and instructions shall be in a language which can be easily understood by users. They shall be clear, understandable, intelligible and legible. They shall allow for a secure installation, operation and use of the products with digital elements. The expected product lifetime shall be communicated and advertised in a clear manner by the manufacturers, and where feasible the expected lifetime shall be clearly demonstrated on the packaging of the product.
Amendment 297 #
2022/0272(COD)
Proposal for a regulation
Article 10 – paragraph 12
Article 10 – paragraph 12
12. From the placing on the market and for the entire expected product lifetime or for a period of five years after the placing on the marketlifespan of a product with digital elements, whichever is shorter, manufacturers who know or have reason to believe that the product with digital elements or the processes put in place by the manufacturer are not in conformity with the essential requirements set out in Annex I shall immediately take the corrective measures necessary to bring that product with digital elements or the manufacturer’s processes into conformity, to withdraw or to recall the product, as appropriate.
Amendment 336 #
2022/0272(COD)
Proposal for a regulation
Article 11 – paragraph 7
Article 11 – paragraph 7
7. Manufacturers shall, upon identifying a vulnerability in a component, including in an open source component, which is integrated in the product with digital elements, report the vulnerability to the person or entity maintaining the component. Software modifications in a component developed by manufacturers in order to address reported vulnerabilities shall be shared, including the relevant code, to the person or entity maintaining the component.
Amendment 357 #
2022/0272(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
A natural or legal person, other than the manufacturer, the importer or the distributor, that carries out a substantial modification of the product with digital elements and commercially supplies it in the market, shall be considered a manufacturer for the purposes of this Regulation.
Amendment 378 #
2022/0272(COD)
Proposal for a regulation
Article 24 – paragraph 3 – introductory part
Article 24 – paragraph 3 – introductory part
3. Where the product is a critical product with digital elements of class II as set out in Annex III, the manufacturer or the manufacturer’s authorised representative shall demonstrate conformity with the essential requirements set out in Annex I by acquiring a cybersecurity certificate issued by a European authority, under the European cybersecurity certification scheme and at assurance level "high" as listed in the Regulation (EU) 2019/881. For products with digital elements for which a European cybersecurity certification scheme does not exist or covers them only partially, the manufacturer or the manufacturer’s authorised representative shall demonstrate conformity with the essential requirements set out in Annex I by using one of the following procedures:
Amendment 380 #
2022/0272(COD)
Proposal for a regulation
Article 24 – paragraph 3 – point b a (new)
Article 24 – paragraph 3 – point b a (new)
(ba) ENISA shall prepare the missing candidate schemes in order to cover all products listed in Annex III, in accordance with Article 48 of the (EU) 2019/881 Regulation.
Amendment 406 #
2022/0272(COD)
Proposal for a regulation
Article 41 a (new)
Article 41 a (new)
Article41a Civil society participation in market surveillance activities The active participation of the relevant actors of the civil society (consumers’ organizations, the scientific community, trade unions, etc.) in market surveillance activities, shall be ensured by market surveillance authorities in the Member States and at EU level, in order to create mechanisms to facilitate the voluntary reporting of vulnerabilities, incidents, and cyber threats.
Amendment 409 #
2022/0272(COD)
Proposal for a regulation
Article 43 – paragraph 1 – subparagraph 1
Article 43 – paragraph 1 – subparagraph 1
Where the market surveillance authority of a Member State has sufficient reasons to consider that a product with digital elements, including its vulnerability handling, presents a significant cybersecurity risk, it shall carry out without undue delay an evaluation of the product with digital elements concerned in respect of its compliance with all the requirements laid down in this Regulation. The relevant economic operators shall cooperate as necessary with the market surveillance authority.
Amendment 410 #
2022/0272(COD)
Proposal for a regulation
Article 43 – paragraph 1 – subparagraph 2
Article 43 – paragraph 1 – subparagraph 2
Where, in the course of that evaluation, the market surveillance authority finds that the product with digital elements does not comply with the requirements laid down in this Regulation, it shall without delay, and within a maximum of five working days, require the relevant economic operator to take all appropriate corrective actions to bring the product into compliance with those requirements, to withdraw it from the market, or to recall it within a reasonable period, commensurate with the nature of the risk, as it may prescribe.
Amendment 436 #
2022/0272(COD)
Proposal for a regulation
Article 49 a (new)
Article 49 a (new)
Article49a Right to compensation for damage or loss Consumers suffering damage or loss caused by infringements of the obligations under this Regulation by the relevant economic operators, have the right to seek compensation, in accordance with Union and national law.
Amendment 36 #
Amendment 45 #
2022/0219(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) Pursuant to Article 41(2) of the Treaty on European Union, expenditure arising from operations having military or defence implications shall not be charged to the Union budget;
Amendment 46 #
2022/0219(COD)
Proposal for a regulation
Recital 1 b (new)
Recital 1 b (new)
(1b) Considering that he EDF precursors programmes (PADR & EDIDP) have been profiting mostly to the big four military powers (France, Italy, Germany and Spain getting 65% of the funding allocated in 2017-2020) and to 15 major arms companies and research centres (getting 51,3% of the funding); warns that many of these arms dealers are involved in controversial arms exports and/or are subject to serious allegations of corruption;
Amendment 50 #
2022/0219(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The unjustified invasion of Ukraine by the Russian Federation on 24 February 2022 and the ongoing armed conflict in Ukraine has made it clear that it is critical to act now to address the existing shortfalls It has led to the return of high- intensity warfare and territorial conflict in Europe, requiring a significant increase in the capacity of Member States to fill the most urgent and critical gaps, especially those exacerbated by the transfer of defence products to Ukraineeradicate and prevent the root causes of current and future conflicts by investing in diplomatic, political and civilian approaches involving multilateral fora, thus achieving greater collective security and an overall reduction of costs for defence .
Amendment 136 #
2022/0219(COD)
Proposal for a regulation
Recital 19
Recital 19
Amendment 137 #
2022/0219(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Grants under the Instrument may take the form of financing not linked to cost based on the achievement of results by reference to work packages, milestones or targets of the common procurement process, in order to create the necAny EU-Instrument should be subject to strict social conditionality, stringent ethical principles and relevant national, Union and international legislation, including the Charter of Fundamental Rights of the European Union and the Convention for the Protection of Human Rights and Fundamental Freedoms and its Supplementary Protocols, the precautionary principle, and international humanitarian law, and when contributing to resseary incentive effectch and development, yield proportionate public ownership of intellectual property rights.
Amendment 138 #
2022/0219(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Grants under the Instrument may take the form of financing not linked to cost based on the achievement of results by reference to work packages, milestones or targets of the common procurement process, in order to create the necAny EU-Instrument should be subject to strict social conditionality, stringent ethical principles and relevant national, Union and international legislation, including the Charter of Fundamental Rights of the European Union and the Convention for the Protection of Human Rights and Fundamental Freedoms and its Supplementary Protocols, the precautionary principle, and international humanitarian law, and when contributing to resseary incentive effectch and development, yield proportionate public ownership of intellectual property rights.
Amendment 185 #
2022/0219(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) to foster the competitiveness and efficiency of the European Defence Technological and Industrial Base (EDTIB) for a more resilient Union, in particular by speeding up, in a collaborative manner, the adjustment of industry to structural changes, including ramp-up of its manufacturing capacitiesconversion of excess capacity to civilian production;
Amendment 214 #
2022/0219(COD)
Proposal for a regulation
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4a. Any funding for joint procurement shall, prior its approval, demonstrate that it does not fuel the global arms race and does not risk contributing to the violation of, nor otherwise undermining, international and international humanitarian law, as well as human rights; the Council Common Position 2008/944/CFSP on arms exports shall be strictly applied.
Amendment 215 #
2022/0219(COD)
Proposal for a regulation
Article 4 – paragraph 4 b (new)
Article 4 – paragraph 4 b (new)
4b. Any funding for the joint procurement of weaponry shall be linked to a strict and non-negotiable ban on member States re-exporting jointly procured components, military equipment or armaments.
Amendment 216 #
2022/0219(COD)
Proposal for a regulation
Article 4 – paragraph 4 c (new)
Article 4 – paragraph 4 c (new)
4c. Any joint procurement should serve to rationalise, not to increase Member States’ military budgets and serve for territorial self-defence only.
Amendment 217 #
2022/0219(COD)
Proposal for a regulation
Article 4 – paragraph 4 d (new)
Article 4 – paragraph 4 d (new)
4d. The European Parliament will be involved at every step of the procedure and guarantee full transparency, strict control and scrutiny rights in the application of these criteria and safeguards.
Amendment 219 #
2022/0219(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
The Instrument shall be open to the participation of the Member States and members of the European Free Trade Association which are members of the European Economic Area (associated countries), in accordance with the conditions laid down in the Agreement on the European Economic Areaonly; no third country will be associated to the Instrument.
Amendment 237 #
2022/0219(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) the actions shall involve new cooperation or an extension of existing cooperation to new Member States or associated countries;
Amendment 241 #
2022/0219(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point d a (new)
Article 7 – paragraph 1 – point d a (new)
(da) Any weaponry acquired jointly with EU funding shall serve defensive purposes only and be strictly limited to the protection of the EU territory; its use for military operations abroad, including EU missions, is prohibited, so as to guarantee full respect of of international and international humanitarian law, as well as human rights;
Amendment 289 #
2022/0219(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
Amendment 290 #
2022/0219(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point b a (new)
Article 9 – paragraph 1 – point b a (new)
(ba) Non-EU contractors and subcontractors are excluded from the scope of EDIRPA, as well as companies that face serious allegations of corruption;
Amendment 305 #
2022/0219(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The Commission shall, by means of an implementing delegated act, adopt the work programme referred to in paragraph 1. The implementingdelegated act shall be adopted in accordance with the examination procedure referred to in Article 14 paragraph 3.
Amendment 326 #
2022/0219(COD)
Proposal for a regulation
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2 a. The implementation of EDIRPA and the subsequent use of jointly acquired military equipment shall be subject to strict transparency full control and scrutiny rights by all relevant EU bodies, in particular the European parliament;
Amendment 103 #
2022/0085(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) In order to avoid imposing a disproportionate financial and administrative burden on Union institutions, bodies and agencies, the cybersecurity risk management requirements should be proportionate to the risk presented by the network and information system concerned, taking into account the state of the art of such measures. Each Union institution, body and agency should aim to allocate an adequate percentage of its IT budget to improve its level of cybersecurity; in the longer term a target in the order of 10% should be pursued, provided that the budget increase is essentially devoted to the employment of new qualified staff.
Amendment 121 #
2022/0085(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) CERT-EU should also fulfil the role provided for it in Directive [proposal NIS 2] concerning cooperation and information exchange with the computer security incident response teams (CSIRTs) network. Moreover, in line with Commission Recommendation (EU) 2017/15844 , CERT-EU should cooperate and coordinate on the response with the relevant stakeholders. In order to contribute to a high level of cybersecurity across the Union, CERT-EU should share incident specific information with national counterparts. CERT-EU should also collaborate with other public as well as private counterparts, including at NATO, subject to prior approval by the IICB. _________________ 4 Commission Recommendation (EU) 2017/1584 of 13 September 2017 on coordinated response to large-scale cybersecurity incidents and crises (OJ L 239, 19.9.2017, p. 36).
Amendment 289 #
2022/0085(COD)
Proposal for a regulation
Article 12 – paragraph 7 a (new)
Article 12 – paragraph 7 a (new)
7 a. CERT-EU shall present, under appropriate confidentiality conditions, a yearly report of its activities to the European Parliament. This report shall include relevant and precise information about the major incidents and the way they were dealt with.
Amendment 318 #
2022/0085(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. CERT-EU may cooperate with public non- Member State counterparts including industry sector-specific counterparts on tools and methods, such as techniques, tactics, procedures and best practices, and on cyber threats and vulnerabilities. For all cooperation with such counterparts, including in frameworks where non-EU counterparts cooperate with national counterparts of Member States, CERT-EU shall seek prior approval from the IICB.
Amendment 319 #
2022/0085(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. CERT-EU may cooperate with other partners, such as commercial entities (including industry sector-specific entities) , international organisations, non- European Union national entities or individual experts, to gather information on general and specific cyber threats, vulnerabilities and possible countermeasures. For wider cooperation with such partners, CERT-EU shall seek prior approval from the IICB.
Amendment 321 #
2022/0085(COD)
Proposal for a regulation
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
2 a. In particular in its relations with commercial entities, the EU institutions will refrain themselves to trade zero day exploits. EU institutions must notify all exploits and weaknesses to the manufacturer of the software, or make them public in a responsible way;
Amendment 332 #
2022/0085(COD)
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. CERT-EU may only exchange incident-specific information which reveals the identity of the Union institution, body or agency affected by the incident with the consent of that entity. CERT-EU may only exchange incident-specific information which reveals the identity of the target of the cybersecurity incident with the consent of the entity affected by the incident. In view of its scrutiny tasks, the European Parliament can request this information even without the consent of the institutions concerned.
Amendment 29 #
2022/0051(COD)
Proposal for a directive
Recital 3
Recital 3
(3) In its Communication on a Strong Social Europe for Just Transition75, the Commission committed to upgrading Europe’s social market economy to achieveing a just transition to sustainability and to taking account of social, gender equality and environmental issues. This Directive will also contribute to the European Pillar of Social Rights, which promotes rights ensuring fair working conditions. It forms part of the EU policies and strategies relating to the promotion of decent work worldwide, including in global value chains, as referred to in the Commission Communication on decent work worldwide76. . _________________ 75 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions – A Strong Social Europe for Just Transitions (COM/2020/14 final). 76 Communication from the Commission to the European Parliament, the Council and the European Economic and Social Committee on decent work worldwide for a global just transition and a sustainable recovery, COM(2022) 66 final.
Amendment 66 #
2022/0051(COD)
Proposal for a directive
Recital 32
Recital 32
(32) In line with international standards, prevention and mitigation as well as bringing to an end and minimisation of adverse impacts should primarily take into account the interests of workers and those adversely impacted. In order to enable continuous engagement with the value chain business partner instead of termination of business relations (disengagement) and possibly exacerbating adverse impacts, this Directive should ensure that disengagement is a last-resort action,This Directive should ensure that all appropriate measures are taken to prevent, mitigate and put an end to potential or actual adverse impacts. Termination of business relations (disengagement) should only be a last resort, so as not to risk exacerbating adverse impacts, including in line with the Union`s policy of zero- tolerance on child labour. TerminatingMoreover, the termination of a business relationship does not affect the liability of an undertaking for the actual impacts generated during the relationship. As regards the termination of a business relationship in which child labour was found, disengagement could expose the child to even more severe adverse human rights impacts. Thise interests of children should therefore be taken into account as a first step when deciding on the appropriate action to take to prevent or mitigate such adverse effects. In the case of disengagement, Member States must ensure that reparations include financial compensation, guarantees of non- recurrence and measures to support children’s recovery and reintegration into school.
Amendment 77 #
2022/0051(COD)
Proposal for a directive
Recital 42
Recital 42
(42) Companies should provide the possibility for persons and organisations to submit complaints directly to them in case of legitimate concerns regarding actual or potential human rights and environmental adverse impacts. Organisations who could submit such complaints should include trade unions and other workers’ representatives representing individuals working in the value chain concerned and civil society organisations active in the areas related to the value chain concerned where they have knowledge about a potential or actual, civil society organisations and individuals who are affected or have reasonable grounds to believe that they might be affected by an adverse impact. Companies should establish a procedure for dealing with those complaints and inform workers, trade unions and other workers’ representatives, where relevant, about such processes. Recourse to the complaints and remediation mechanism should not prevent the complainant from having recourse to judicial remedies. In accordance with international standards, complaints should be entitled to request from the company appropriate follow-up on the complaint and to meet with the company’s representatives at an appropriate level to discuss potential or actual severe adverse impacts that are the subject matter of the complaint. This access should not lead to unreasonable solicitations of companies.
Amendment 119 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
1. This Directive shall apply to all companies which are formed in accordance with the legislation of a Member State and which fulfil one of the following conditions:operating in the EU.
Amendment 120 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
Amendment 126 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
Amendment 132 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b – introductory part
Article 2 – paragraph 1 – point b – introductory part
(b) the company did not reach the thresholds under point (a), but had more than 250 employees on average and had a net worldwide turnover of more than EUR 40 million in the last financial year for which annual financial statements have been prepared, provided that at least 50% of this net turnover was generated in one or more of the following sectors:This Directive shall apply to all companies operating in the EU.
Amendment 134 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b – point i
Article 2 – paragraph 1 – point b – point i
Amendment 137 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b – point ii
Article 2 – paragraph 1 – point b – point ii
Amendment 141 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b – point iii
Article 2 – paragraph 1 – point b – point iii
Amendment 162 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
3. For the purposes of paragraph 1, the number of part-time employees shall be calculated on a full-time equivalent basis. Tthis Directive, part-time employees and temporary agency workers shall be included in the calculation of the number of employees in the same way as if they were workers employed directly for the same period of time by the company.
Amendment 163 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 3 – subparagraph 1 (new)
Article 2 – paragraph 3 – subparagraph 1 (new)
For the purposes of this Directive, full- time employees, part-time employees and temporary agency workers of the company’s subsidiaries should be included in the calculation of the number of workers of a company in the same way as if they were workers employed directly for the same period of time by the company.
Amendment 166 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point a – point iv – indent 8
Article 3 – paragraph 1 – point a – point iv – indent 8
Amendment 171 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) ‘adverse human rights impact’ means any adverse impact on protected persons resulting from the violation of onea person or group of people affecting access to one or several of the rights or prohibitions listed in the Annex, Part I Section 1, as enshrinnd established inby the international conventions listed in the Annex, Part I Section 2relevant case-law and work of the competent authorities;
Amendment 182 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point n
Article 3 – paragraph 1 – point n
(n) ‘stakeholders’ means the company’s employees, the employees of its subsidiaries, and other individuals or subcontractors, the workers in its value chain, in trade unions and workers’ representatives. Stakeholders may also include: (i) individual and group defenders of human rights, the climate, environmental rights and good governance; (ii) NGOs; (iii) other people, groups, communities or entities whose rights or interests are or could be affected by the products, services and operations of that company, its subsidiaries and/or subcontractors and its business relationships;
Amendment 199 #
2022/0051(COD)
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) a code of conduct describingfining the rules and principles to be followed by the company’s employees and subsidiaries; management board, directors, subsidiaries, subcontractors, and entities with which the company or its subsidiaries have business relationships. The code of conduct shall be designed to guarantee the company respects human rights, the environment and good governance. The unions and stakeholders, as defined in Article 3(1) point (n), should be fully involved in the drawing up of this code of conduct;
Amendment 205 #
2022/0051(COD)
Proposal for a directive
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) a description of the processes and measures put in place to implement due diligence across the value chain, including the measures taken to verify compliance with the code of conduct and to extend its application to established business relationshipsis Directive.
Amendment 206 #
2022/0051(COD)
Proposal for a directive
Article 5 – paragraph 1 – point c a (new)
Article 5 – paragraph 1 – point c a (new)
(ca) a description of the appropriate measures put in place to address potential or actual adverse impacts identified;
Amendment 208 #
2022/0051(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States shall ensure that the companies update and publish their due diligence policy annuallys soon as they have identified a new potential or actual adverse impact, and at least once per year. These policies shall be accessible and published on the supervisory authority’s website in at least the language of the country of establishment.
Amendment 220 #
2022/0051(COD)
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Member States shall ensure that, for the purposes of identifying and assessing the adverse impacts referred to in paragraph 1 based on, where appropriate,, companies collect and analyse quantitative and qualitative information, companies are entitled to make use of appropriate resources, including independent reportsincluding disaggregated data. Companies should use of appropriate resources, including public information and reports, information provided to them and information gathered through the complaints procedure provided for in Article 9. Companies shall, where relevant, also carry out consultations with potentially affected groups including workers and other relevtrade unions, workers’ representatives antd stakeholders to gather information on actual or potential adverse impacts. Trade unions and workers’ representatives shall be informed and consulted within good time prior to any decision being taken.
Amendment 228 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) where necessary due to the nature or complexity of the measures required for prevention, develop and implement a prevention action plan, with reasonable and clearly defineda timelines for actionppropriate measures and qualitative and quantitative indicators for measuring improvement. The prevention action plan shall be developed in consultation with affected stakeholders; with trade unions and workers’ representatives, in consultation with stakeholders. The appropriate measures should apply, where applicable, to a company’s own activities, to its subsidiaries as well as to its direct and indirect business relationships.Companies should, where appropriate: (i) adapt processes, operations and projects; (ii) if necessary, cease processes, operations and projects.
Amendment 254 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point a
Article 8 – paragraph 3 – point a
(a) neutralise the adverse impact or minimise its extent, including by the payment of damages to the affected persons and of financial compensto address the actual impacts that have been or should have been identified, companies shall be required to develop and implement a correctiveactionplan, accompanied by appropriate measures with reasonable and clearly defined timelines and qualitative and quantitative indicators for measuring improvements. The corrective action plan should be developed in consultation towith the affected communitrade unions, workers’ representatives. The action shall be proportionate to the significance and scale of the adverse impact and to the contribution of the company’s conduct to the adverse impac and stakeholders. The appropriate measures should apply, where applicable, to the company's activities, to its subsidiaries as well as to its direct and indirect business relationships. If the company is not able to stop or minimise all actual adverse impacts simultaneously, the plan should include a prioritisation strategy that takes into account the level of severity and probability of each actual adverse impact on human rights and the environment;
Amendment 261 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point b
Article 8 – paragraph 3 – point b
(b) where necessary due to the fact that the adverse impact cannot be immediately brought to an end,companies should develop and implement a corrective action plan with reasonable and clearly defined timelines for actionthe implementation of appropriate measures and qualitative and quantitative indicators for measuring improvement. Where relevant, tThe corrective action plan shall be developed in consultation with stakeholdersthe trade unions, workers’ representatives and stakeholders, and should be made public;
Amendment 291 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 2 – introductory part
Article 9 – paragraph 2 – introductory part
2. Member States shall ensure that the complaintappeals may be submittraised by:
Amendment 296 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) trade unions and other workers’ representatives representing individuals working in the value chain concerned,
Amendment 301 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 2 – point c
Article 9 – paragraph 2 – point c
(c) civil society organisations active in the areas related to the value chain concerned.
Amendment 304 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 2 – point c a (new)
Article 9 – paragraph 2 – point c a (new)
(c a) whistleblowers, including those outside of the company and the company's subsidiaries.
Amendment 308 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 4 – introductory part
Article 9 – paragraph 4 – introductory part
4. Member States shall ensure that complainantthose making the appeal and their representatives are entitled:
Amendment 312 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 4 – point a
Article 9 – paragraph 4 – point a
(a) to requestceive relevant and appropriate written follow-up onfrom the complaint from the companyappeal mechanism with which they have filed a complaint pursuant to paragraph 1, thus providing a substantiated explanation as to whether a complaint has been found to be unfounded or justified; and
Amendment 315 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 4 – point b
Article 9 – paragraph 4 – point b
(b) to engage with the appeal mechanism directly and meet with the company’s representatives at an appropriate level to discuss potential or actual severe adverse impacts that are the subject matter of the complaintappeal.
Amendment 319 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 4 – point b a (new)
Article 9 – paragraph 4 – point b a (new)
(b a) to receive guarantees of non- retaliation, confidentiality and anonymity for all affected and potentially affected parties to the appeal;
Amendment 322 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 4 – point b b (new)
Article 9 – paragraph 4 – point b b (new)
(b b) to receive relevant and timely information on the steps and actions taken with regard to a specific appeal filed with the independent appeal mechanism.
Amendment 335 #
2022/0051(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
In order to provide support to companies or to Member State authorities on how companies should fulfil their due diligence obligations, the Commission, in consultation with Member States and stakeholders, the European Union Agency for Fundamental Rights, the European Environment Agency, the European Labour Authority and where appropriate with international bodies of the UN, ILO and the Council of Europe having expertise in due diligence, mayust issue guidelines, including for specific sectors, contexts and areas, or specific adverse impacts.
Amendment 337 #
2022/0051(COD)
Proposal for a directive
Article 13 a (new)
Article 13 a (new)
Article 13a Review of the competences of the European Labour Authority to include due diligence The European Commission should review the competences of the European Labour Authority with a view to broadening its scope of activity, objectives and tasks and to include due diligence. 2. The European Labour Authority shall assist the Member States and the Commission on matters concerning the effective implementation and enforcement of EU law on due diligence, including: (i) monitoring compliance with due diligence rules by European and non- European companies operating on European territory; (ii) facilitating coordination between Member States; (iii) verifying and monitoring the list of European and non-European companies covered by this directive; (iv) supporting Member States in monitoring the turnover of non-European companies in the European Union; 3. The European Labour Authority may be aided in this task by representatives of supervisory authorities, of trade unions and of workers, as well as stakeholders.
Amendment 376 #
2022/0051(COD)
Amendment 378 #
2022/0051(COD)
Proposal for a directive
Annex I – Part Première – indent 6 a (new)
Annex I – Part Première – indent 6 a (new)
- The International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families;
Amendment 381 #
2022/0051(COD)
Proposal for a directive
Annex I – Part Première – indent 11 a (new)
Annex I – Part Première – indent 11 a (new)
- The International Convention for the Protection of All Persons from Enforced Disappearance;
Amendment 382 #
2022/0051(COD)
Proposal for a directive
Annex I – Part Première – indent 11 b (new)
Annex I – Part Première – indent 11 b (new)
- The Declaration on Human Rights Defenders;
Amendment 383 #
2022/0051(COD)
Proposal for a directive
Annex I – Part Première – indent 13 a (new)
Annex I – Part Première – indent 13 a (new)
- The ILO Centenary Declaration for the Future of Work (2019);
Amendment 396 #
2022/0051(COD)
Proposal for a directive
Annex I – Part Première – indent 20 a (new)
Annex I – Part Première – indent 20 a (new)
- Convention No 155 on Occupational Safety and Health (1981) and the 2022 Protocol thereto;
Amendment 397 #
2022/0051(COD)
Proposal for a directive
Annex I – Part Première – indent 20 b (new)
Annex I – Part Première – indent 20 b (new)
- The European Social Charter;
Amendment 398 #
2022/0051(COD)
Proposal for a directive
Annex I – Part Première – indent 20 c (new)
Annex I – Part Première – indent 20 c (new)
- The Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence (Istanbul Convention);
Amendment 399 #
2022/0051(COD)
Proposal for a directive
Annex I – Part Première – indent 20 d (new)
Annex I – Part Première – indent 20 d (new)
- The Council of Europe Convention on Action against Trafficking in Human Beings,
Amendment 400 #
2022/0051(COD)
Proposal for a directive
Annex I – Part Première – indent 20 e (new)
Annex I – Part Première – indent 20 e (new)
Amendment 401 #
2022/0051(COD)
Proposal for a directive
Annex I – Part Première – indent 21 a (new)
Annex I – Part Première – indent 21 a (new)
- Convention No 187 on the Promotional Framework for Occupational Safety and Health (2006);
Amendment 403 #
2022/0051(COD)
Proposal for a directive
Annex I – Part Première – indent 23 a (new)
Annex I – Part Première – indent 23 a (new)
- Convention No 190 on Violence and Harassment (2019);
Amendment 406 #
2022/0051(COD)
Proposal for a directive
Annex I – Part Première – indent 23 b (new)
Annex I – Part Première – indent 23 b (new)
- Convention No 158 on Termination of Employment (1982);
Amendment 408 #
2022/0051(COD)
Proposal for a directive
Annex I – Part Première – indent 23 c (new)
Annex I – Part Première – indent 23 c (new)
- The European Convention on Human Rights;
Amendment 104 #
2022/0039(COD)
Proposal for a regulation
Recital 3
Recital 3
Amendment 111 #
2022/0039(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The Union should ensure the provision of resilient, global, guaranteed and flexible satellite communication solutions for evolving governmental needs, social needs and the public interest, built on an EU technological and industrial base, in order to increase the resilience of Member States’ and Union institutions’ operations by guaranteed and uninterrupted access to satellite communication.
Amendment 126 #
2022/0039(COD)
Proposal for a regulation
Recital 15
Recital 15
Amendment 133 #
2022/0039(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) It is important that the Union owns all tangible and intangible assets related to governmental infrastructure while ensuring the respect of the Charter of Fundamental Rights of the European Union, including its Article 17. Despite the ownership by the Union of those assets, it should be possible for the Union, in accordance with this Regulation and, where it is deemenecessary for the public interest and appropriate on a case- by-case assessment, to make those assets available to third parties or to dispose of them.
Amendment 134 #
2022/0039(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The Programme should provide services aimed at meeting the needs of the governmental users. The High Level Civil Military User Needs for Governmental Satellite Communications21 , which was endorsed by the Council Security Committee in March 2017, identified three pillars of governmental services use- cases: surveillance, crisis management and connection and protection of key infrastructures. _________________ 21 EEAS(2017) 359 regarding crisis management and connection and protection of key infrastructures. The Programme should not provide military and defences services outside the borders of the Union and its Member States.
Amendment 141 #
2022/0039(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) The Programme should also allow for the provision of commercial services by the private sector. Such commercialguarantee public infrastructure for the provision of strategic services. Such services cshould in particular contribute to availability of affordable high-speed broadband and seamless connectivity throughout Europe, removing communication dead zones and increasing cohesion between Member States and across Member State territories, including rural, peripheral, remote and isolated areas and islands, and provide connectivity over geographical areas of strategic interest.
Amendment 142 #
2022/0039(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Member States, the Council, the Commission, the European Parliament and the European External Action Service (‘EEAS’), as well as Union agencies and bodies should be able to become the Programme participants, insofar as they choose to authorise users of governmental services or provide capacities, sites or facilities. Taking into consideration that it is for the Member States to decide whether to authorise national users of governmental services, Member States should not be obliged to become Programme participants or to host Programme infrastructure.
Amendment 167 #
2022/0039(COD)
Proposal for a regulation
Recital 56
Recital 56
(56) An important objective of the Programme is to ensure the securitywell- functioning of the Union and the Member States and to strengthen the resilience across key technologies and value chains. In specific cases, that objective requires conditions for eligibility and participation to be set, to ensure the protection of the integrity, security and resilience of the operational systems of the Union. That should not undermine the need for competitiveness and cost-effectiveness.
Amendment 174 #
2022/0039(COD)
Proposal for a regulation
Recital 64
Recital 64
(64) In principle, the governmental services should be provided free of charge to users of the governmental services. If, after analysis, the Commission concludes that there is a shortage of capacities, it should be permitted to develop a pricing policy as part of those detailed rules on the service provision in order to avoid a distortion of the market. The Commission should be conferred with implementing powers to adopt such pricing policy. Those powers should be exercised in accordance with Regulation (EU) No 182/2011.
Amendment 183 #
2022/0039(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
Amendment 191 #
2022/0039(COD)
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. The general objective of the Programme is to establish a secure and autonomous space-based connectivity system, under civil control, for the provision of guaranteed and resilient satellite communication services for civil operations, in particular to:
Amendment 195 #
2022/0039(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) ensure the long-term availability of worldwide uninterrupted access to secure and cost-effective satellite communication services to governmental users in accordance with paragraphs 1 to 3 of Article 7, which supports protection of critical infrastructures, surveillance, external actions, crisis management and applications that are critical for the public interest, economy, environment, security and defenceocial progress, thereby increasing the resilience of Member States;
Amendment 201 #
2022/0039(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) allow for the provision of commercial services by the private sector in accordance with Article 7(4)development of an ambitious public infrastructure and services.
Amendment 214 #
2022/0039(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point d
Article 3 – paragraph 2 – point d
(d) incentivise theguarantee the geographically balanced deployment of innovative and disruptive technologies, in particular by leveraging the New Space industry; and across the Union;
Amendment 217 #
2022/0039(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point e
Article 3 – paragraph 2 – point e
(e) allow further development and affordable access tof high- speed broadband and seamless connectivity throughout the Union, removing communication dead zones and increasing cohesion between Member States and across Member State territories, and allow connectivity over geographical areas of strategic interest outside of the Union, exclusively for civil operations.
Amendment 264 #
2022/0039(COD)
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2 a. require that the contractor referred to in Article 15(2) proves that its activities are in line with the EU taxonomy criteria, with the EU climate targets and the European Pillar of Social Rights.
Amendment 271 #
2022/0039(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The provision of commercial services and any related risks, shall be financed by the contractor referred to in Article 15(2). The terms and conditions for the provision of commercial services shall be determined in the contracts referred to in Article 15. They shall in particular specify how the Commission will assess and approve the provision of commercial services to ensure that the Union’s essential interests and the Programme’s general and specific objectives referred to in Article 3 are preserved. They shall also include adequate safeguards to prevent distortions of competition in the provision of commercial services, to avoid any conflict of interest, undue discrimination and any other hidden indirect advantages to the contractor referred to in Article 15(2). Such safeguards may include the obligation of accounting separation between the provision of governmental services and the provision of commercial services, including the setting up of a structurally and legally separate entity from the vertically integrated operator for the provision of governmental services, and the provision of open, fair and non- discriminatory access to infrastructure necessary for the provision of commercial services.
Amendment 277 #
2022/0039(COD)
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 1
Article 8 – paragraph 4 – subparagraph 1
By way of derogation from paragraph 3, the Commission may, in duly justified cases, where strictly necessary to match supply and demand of governmental services, for a limited period and on an exceptional basis, determine, by means of implementing acts, a pricing policy.
Amendment 284 #
2022/0039(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States, the Council, the Commission, the European Parliament and the European External Action Service (EEAS) shall be the Programme participants insofar as they authorise the users of the governmental services.
Amendment 292 #
2022/0039(COD)
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
Article 11 – paragraph 1 – subparagraph 1
The financial envelope for the implementation of the Programme for the period from 1 January 2023 to 31 December 2027 and for covering the associated risks relating to the governmental infrastructure only, shall be EUR 1,600 billion in current prices.
Amendment 299 #
2022/0039(COD)
Proposal for a regulation
Article 11 – paragraph 3 a (new)
Article 11 – paragraph 3 a (new)
3 a. The amount referred to in paragraph 1 may not be used to cover any risks relating to the commercial infrastructure
Amendment 326 #
2022/0039(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point h
Article 17 – paragraph 2 – point h
(h) to satisfy environmental criteria; and comply with the Union climate targets;
Amendment 332 #
2022/0039(COD)
Proposal for a regulation
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
2 a. to ensure high- quality jobs and apply the principles of the European Pillar of Social Rights
Amendment 27 #
2022/0033(NLE)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3 a) The Joint Undertaking should have clear and identifiable social and environmental added value across the Union.
Amendment 28 #
2022/0033(NLE)
Proposal for a regulation
Recital 3 b (new)
Recital 3 b (new)
(3 b) In order to achieve the greatest possible positive impact of Union funding and the most effective contribution to general interest, the Chips Fund should guarantee open-source results or proportionate public ownership of intellectual property rights.
Amendment 34 #
2022/0033(NLE)
Proposal for a regulation
Recital 5
Recital 5
(5) The Initiative aims to reinforce the competitiveness and resilience of theEuropean semiconductor technological and industrial base, whilst strengthening the innovation capacity of its semiconductor ecosystemosystem, including manufacturing capacities, reducing dependence on a limited number of third country companies and geographies, and strengthening its capacity to design and produce advanced components. These aims should be supported by bridging the gap between the Union’s advanced research and innovation capabilities and their industrial exploitation. It should promote capacity building to enable design, production and systems integration in next-generation semiconductor technologies, enhance collaboration among key players across the Union, strengthening Europe’s semiconductor supply and value chains, serving key industrial sectors, and creating new marketsambitious social and environmental objectives throughout the Union.
Amendment 45 #
2022/0033(NLE)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6 a) The Initiative should pay particular attention to the development of sustainable practices in the manufacturing of chips in Europe. Comprehensive monitoring and due diligence requirements at all stages of the value chain should allow on one hand to curb, limit and to nullify the negative environmental impact, while on the other hand guaranteeing quality employment, avoid social dumping and ensure respect of International Labour Organisation conventions.
Amendment 46 #
2022/0033(NLE)
Proposal for a regulation
Recital 7
Recital 7
(7) The activities funded by the Chips Joint Undertaking should be covered in one single work programme, which should be adopted by the Governing Board. Before each work programme is prepared, the Public Authorities Board, taking into account the advice of the European Semiconductor Board and input from other relevant stakeholders, including as appropriate, trade unions and roadmaps produced by the Alliance on Processors and Semiconductor Technologies26 , should define the part of the work programme related to capacity building activities and research and innovation activities, including their corresponding expenditure estimates. For this purpose, the Public Authorities Board should include only the Commission and public authorities from Member States. Subsequently, on the basis of this definition, the Executive Director should prepare the work programme including capacity building and research and innovation activities and their corresponding expenditure estimates. _________________ 26 The Alliance is referred to in the Communication from the Commission of 5 May 2021 on ‘Updating the 2020 New Industrial Strategy: Building a stronger Single Market for Europe’s recovery’.
Amendment 52 #
2022/0033(NLE)
Proposal for a regulation
Recital 8
Recital 8
(8) When the Governing Board adopts the work programme, the voting rights for the part of the work programme related to capacity building should be limited to the Commission and Member States only. The voting rights for the part of the work programme related to R&I activities should be equally shared between the Commission, and the Participating States, and the private members. In the event that a decision on one of the two parts of the work programme cannot be reached, the work programme should be adopted including only the part on which a positive decision has been reached.
Amendment 86 #
2022/0033(NLE)
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Regulation (EU) 2021/2085
Article 128 – Paragraph 5
Article 128 – Paragraph 5
5. The Union financial contribution referred to in paragraph 1 point (b) shall be used for capability building for pilot lines and design infrastructures across the whole Union giving priority and preference to public or non-profit entities.
Amendment 88 #
2022/0033(NLE)
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EU) 2021/2085
Article 133 – Paragraph 3a
Article 133 – Paragraph 3a
3a. The Governing Board shall solely include the Commission and public authorities from Member States when voting on the part of the work programme related to capacity building activities. The Commission shall hold 50% of the voting rights. Paragraphs 2 and 3 shall apply mutatis mutandis to the voting rights of the Member States.
Amendment 90 #
2022/0033(NLE)
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EU) 2021/2085
Article 133a – Paragraph 3a (new)
Article 133a – Paragraph 3a (new)
3 a. Public spending and support shall always ensure a fair return on investment, including commensurate public ownership of process, IP and/or end- products, and ensure strong liability obligations, including stringent environmental and social conditionalities.
Amendment 92 #
2022/0033(NLE)
Proposal for a regulation
Article 1 – paragraph 1 – point 15 – point a
Article 1 – paragraph 1 – point 15 – point a
Regulation (EU) 2021/2085
Article 137 – Paragraph 1 – point f
Article 137 – Paragraph 1 – point f
(f) before each work programme is prepared, define the part of the work programme related to capacity building activities and research and innovation activities, including the corresponding expenditure estimates, taking into account the advice of the European Semiconductor Board and input from other relevant stakeholders, including as appropriate, trade unions and roadmaps produced by the Alliance on Processors and Semiconductor Technologies;
Amendment 135 #
2022/0032(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) This framework pursues two objectives. The first objective is to ensure the conditions necessary for the competitiveness and innovation capacity of the Union and to ensure the adjustment of the industryto ensure the transformation of the industry according to structural changes due to increasing social needs, fast innovation cycles and the need for sustainability. The second objective, separate and complementary to the first one, is to improve the functioning of the internal market by layinglay down a uniform Union legal framework for increasing the Union’s resilience and security of supply in the field of semiconductor technologies.
Amendment 185 #
2022/0032(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The Chips sector as a strategic sector is too important to be left in the hands of the private for-profit sector. In order to overcome the limitations of the current fragmented public and private investments efforts, facilitate integration, cross-fertilisation, and return on investment on the ongoing programmes and to pursue a common strategic Union vision on semiconductors as a means to realising the ambition of the Union and of its Member States to ensure a leading role in the digital economy, the Chips for Europe Initiative should facilitate better coordination and closer synergies between the existing funding programmes at Union and national levels, better coordination and collaboration with industrypublic control and coordination of the sector and key private sector stakeholders and additional joint public investments with Member States. The implementation set up of the Initiative is built to pool resources from the Union, Member States and third countries associated with the existing Union Programmes, as well as the private sector. The success of the Initiative can therefore only be built on a collective effort by Member States, with the Union, to support both the significant capital costs and the wide availability of virtual design, testing and piloting resources and diffusion of knowledge, skills and competences. The central role public initiative and funding, including to industrial de- risking, should come with commensurate public ownership of process and/or end- products. Where appropriate, in view of the specificities of the actions concerned, the objectives of the Initiative, specifically the ‘Chips Fund’ activities, should also be supported through a blending facility under the InvestEU Fund.
Amendment 189 #
2022/0032(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Support from the Initiative should be used to address market failures or sub- optimal investment situations in a proportionate manner, and actions should not duplicate or crowd out private financing or distort competition in the internal market. Actions should have a clear social and environmental added value foracross the Union.
Amendment 202 #
2022/0032(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Integrated Production Facilities and Open EU Foundries should provide semiconductor manufacturing capabilities that are “first-of-a-kind” in the Union and contribute to the security of supply and to a resilient ecosystem in the internal market. The qualifying factor for the production of a first-of-a-kind facility could be with regard to the highest social and environmental value, or technology node, substrate material, such as silicon carbide and gallium nitride, and other product innovation that can offer better performance, process technology or energy and environmental performance. A facility of a comparable capability on an industrial scale should not yet substantively be present or committed to be built within the Union, excluding facilities for research and development or small-scale production sites. First-of-a-kind” facilities should comply with requirements stemming from Union and Member State legislation especially those related to social and environmental legislation, emissions to air, water and soil, including the risk and prevention of industrial accidents, and seek to ensure high energy and resource and water efficiency.
Amendment 209 #
2022/0032(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) In order to qualify as Integrated Production Facilities or Open EU Foundries, the establishment and operation of the facility should have a clear positive impact on the semiconductor value chain in the Union, in particular with regard to providing a resilient supply of semiconductors to users on the internal market. TAny European or other public funds used should result in proportionate public ownership. Member States should establish non-for-profit entities. Equally, the impact on several Member States, including cohesion and employment objectives, should be considered as one of the indicators of a clear positive impact of an Integrated Production Facility and Open EU Foundry on the semiconductor value chain in the Union.
Amendment 229 #
2022/0032(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) The internal market would greatly benefit from common standards for green, trusted and secure chips. Future smart devices, systems and connectivity platforms will have to rely on advanced semiconductor components and they will have to meet green, trust and cybersecurity requirements which will largely depend on the features of the underlying technology. Particular attention should be paid to the development of sustainable practices in the manufacturing of chips in Europe. Comprehensive monitoring and due diligence requirements at all stages of the value chain should allow on one hand to curb, mitigate and aim to nullify the environmental impact, while on the other hand guaranteeing quality employment, avoid social dumping and ensure respect of International Labour Organization conventions. To that end, the Union should develop reference certification procedures and require the industry to jointly develop such procedures for specific sectors and technologies with potential high social impact.
Amendment 353 #
2022/0032(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
(10) ‘first-of-a-kind facility’ means an industrial facility capable of semiconductor manufacturing, including front-end or back-end, or both, that is not substantively already present or committed to be built within the Union, for instance with regard to the technology node, substrate material, such as silicon carbide and gallium nitride, and other product innovation that can offer better performance, process innovation or energy and environmental performance, potentially yielding exceptional social and environmental benefits, both of end products and during the manufacturing process;
Amendment 379 #
2022/0032(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
(16) ‘critical sector’ means any sector referred to in the Annex of the Commission proposal for a Directive of the European Parliament and of the Council on the resilience of critical entities, the defence notably strategic sectors and other activities that are relevant for public safety and securitys energy, housing, health, digital and transport;
Amendment 401 #
2022/0032(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The general objective of the Initiative is to support large-scale technological capacity building and innovation throughout the Union to enable development and deployment of cutting- edge and next generation semiconductor and quantum technologies that will reinforce the Union advanced design, systems integration and chips production capabilities, as well as contribute to the achievement of the twin digital and green transition, and fulfill ambitious social objectives.
Amendment 414 #
2022/0032(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point b – point 2
Article 4 – paragraph 2 – point b – point 2
(2) supporting large scale innovation through access to new or existing pilot lines for experimentation, test, and validation of new design concepts integrating key functionalities, such as novel materials and architectures for power electronics fostering sustainable energy and electro mobility, lower energy consumption, security, higher levels of computing performance or integrating breakthrough technologies such as neuromorphic and embedded artificial intelligence (AI) chips, integrated photonics, graphene and other 2D material based technologies, guaranteeing open- source results or proportionate public ownership of intellectual property rights;
Amendment 420 #
2022/0032(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point b – point 3
Article 4 – paragraph 2 – point b – point 3
(3) providing support to Integrated Production Facilities and public or non- for-profit Open EU Foundries through priority access to the new pilot lines, guaranteeing a proportionate public return on investment.
Amendment 432 #
2022/0032(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point e – introductory part
Article 4 – paragraph 2 – point e – introductory part
(e) undertaking activities, to be described collectively as a ‘Chips Fund’ activities to facilitate access to debt financing and equity by start-ups, scale-ups and SMEs and other companies in the semiconductor value chain, through a blending facility under the InvestEU Fund and via the European Innovation Council, maintaining proportionate ownership of intellectual property rights resulting from these actions, with a view to:
Amendment 445 #
2022/0032(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. For the purpose of implementing eligible actions and other related tasks funded under the Initiative a Public European Chips Infrastructure Consortium (‘PECIC’) may be established under the conditions set out in this Article.
Amendment 449 #
2022/0032(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point c
Article 7 – paragraph 2 – point c
(c) consist of at least three legal entities from at least three Member States and be operated as a public-private sector consortium with the participation of the Member States, and private legal entities;
Amendment 450 #
2022/0032(COD)
Proposal for a regulation
Article 7 – paragraph 3 – point b
Article 7 – paragraph 3 – point b
(b) the draft Statutes of the ECIC that shall include at least the provisions on: the procedure for setting-up, membership, budget, legal seat, applicable law and jurisdiction, guarantees regarding a fair return on public investment, including in terms of IP and ownership of the results, governance, including decision making procedure and specific role and if applicable voting rights of Member States and the Commission, winding-up, reporting and strong liability. obligations, including stringent environmental and social conditionalities.
Amendment 464 #
2022/0032(COD)
Proposal for a regulation
Article 7 – paragraph 9
Article 7 – paragraph 9
9. The ECIC shall produce an annual activity report, containing a technical description of its activities and financial statement as well as a social impact report including in terms of employment and training. The annual activity report shall be transmitted to the Commission and made publicly available. The Commission may provide recommendations regarding the matters covered in the annual activity report.
Amendment 477 #
2022/0032(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Member States shall designate candidate competence centres in accordance with its national procedures, administrative and institutional structures through an open and competitive process. The Commission shall, by means of implementing acts, set the procedure for establishing competence centres, including selection criteria, including priority and preference for public or non-for- profit entities and further tasks and functions of the centres with respect to the implementation of the actions under the Initiative, the procedure for establishing the network as well to adopt decisions on the selection of entities forming the network. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 33(2).
Amendment 489 #
2022/0032(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point a
Article 10 – paragraph 2 – point a
(a) it qualifies as a first-of-a-kind facility, guaranteeing a fair return on public investment;
Amendment 492 #
2022/0032(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
(b) its establishment and operation have a clear, operation, corporate object, purpose and governance structures guarantee a clear long-term positive impact on the Union’s semiconductor value chain with regard to ensuring societal benefits, the security of supply and increasing qualified workforce, supply chain diversification, increasing qualified workforce, quality jobs and positive environmental impact;
Amendment 502 #
2022/0032(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point c
Article 10 – paragraph 2 – point c
(c) it is an asset for a publicly-led industrial policy and guarantees not to be subject to the extraterritorial application of public service obligations of third countries in a way that may undermine the undertaking’s ability to comply with the obligations set out in Article 21(1) and commits to inform the Commission when such obligation arises;
Amendment 505 #
2022/0032(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point d
Article 10 – paragraph 2 – point d
(d) it commits to invest in the next generation of chips. or any other chips in accordance with public policy priorities and the related training of workers;
Amendment 514 #
2022/0032(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. For the purpose of investing in the next generation of chips according to paragraph 2, point (d), the Integrated Production Facility shall have priority access to the pilot lines set up in accordance with Article 5, point (b). Any such priority access shall be without prejudice to effective access to the pilot lines by other interested undertakingPublic funds used shall yield equivalent intellectual property rights and/or public ownership of results.
Amendment 516 #
2022/0032(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Open EU Foundries are non-for- profit or public first-of-a- kind semiconductor front-end or back-end, or both, manufacturing facilities in the Union that offer production capacity to unrelated undertakings and thereby contribute to the security of supply for the internal market, as well as the diversification of supply chains.
Amendment 519 #
2022/0032(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point a
Article 11 – paragraph 2 – point a
(a) it qualifies as a first-of-a-kind facility, guaranteeing a fair return on public investment;
Amendment 523 #
2022/0032(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point b
Article 11 – paragraph 2 – point b
(b) its establishment and operation have a clear, operation, corporate object, purpose and governance structures guarantee a clear and long- term positive impact on the Union’s semiconductor value chain with regard to ensuring the security of supply and, supply chain diversification, increasing qualified workforce, quality jobs and positive environmental impact; taking into account in particular the extent to which it offers front-end or back-end, or both, production capacity to undertakings not related to the facility, if there is sufficient demand;
Amendment 533 #
2022/0032(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point c
Article 11 – paragraph 2 – point c
(c) it is an asset for a publicly-led industrial policy and guarantees not to be subject to the extraterritorial application of public service obligations of third countries in a way that may undermine the undertaking’s ability to comply with the obligations set out in Article 21(1) and commits to inform the Commission when such obligation arises;
Amendment 536 #
2022/0032(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point d
Article 11 – paragraph 2 – point d
(d) it commits to invest in the next generation of chips., or any other chips in accordance with public policy priorities and the related training of workers;
Amendment 546 #
2022/0032(COD)
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. For the purpose of investing in the next generation of chips according to paragraph 2, point (d), the Open EU Foundry shall have priority access to the pilot lines set up in accordance with Article 5, point (b). Any such priority access shall be without prejudice to effective access to the pilot lines by other interested undertakingPublic funds used shall yield equivalent intellectual property rights and/or public ownership of results.in regard to own programmes and activities.
Amendment 551 #
2022/0032(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point b
Article 12 – paragraph 2 – subparagraph 1 – point b
(b) a business plan evaluating the financial viability of the project, including information on any planned public support and a detailed breakdown of private funding;
Amendment 554 #
2022/0032(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point d
Article 12 – paragraph 2 – subparagraph 1 – point d
(d) provision of an appropriate supporting document proving the readiness of the Member State or Member States where the applicant intends to establish its facility to facilitate the set-up of such a facility.ublic control or non-for-profit operations;
Amendment 567 #
2022/0032(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. To the extent their activities are driven by the public interest, Integrated Production Facilities and Open EU Foundries shall be considered to contribute to the security of supply of semiconductors in the Union and therefore to be in the public interest.;
Amendment 582 #
2022/0032(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Where such status exists in national law, Integrated Production Facilities and Open EU Foundries shall be allocated the status of the highest national significance possible and be treated as such in permit granting processes, including those relating to environmental assessments and if national law so provides, in spatial planning.;
Amendment 718 #
2022/0032(COD)
Proposal for a regulation
Article 21 – paragraph 5 – introductory part
Article 21 – paragraph 5 – introductory part
5. The undertaking concerned shall be obliged to accept and prioritise a priority rated order. The undertaking may request the Commission to review the priority rated order where it considers it to be duly justified based on one of the following grounds:
Amendment 719 #
2022/0032(COD)
Proposal for a regulation
Article 21 – paragraph 5 – point a
Article 21 – paragraph 5 – point a
Amendment 722 #
2022/0032(COD)
Proposal for a regulation
Article 21 – paragraph 5 – point b
Article 21 – paragraph 5 – point b
Amendment 732 #
2022/0032(COD)
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
4. Procurement under this Regulation shall be carried out by the Commission in accordance with the rules set out in the Financial Regulation for its own procurement. In particular, special attention shall be paid to an appropriate integration of environmental, social and labour requirements into public procurement procedures, as well as on the principles of equal treatment and transparency, as referred to in the current Financial Regulation as well as in the Directives 2014/24/EU and 2014/25/UE on public procurement. The Commission may have the ability and responsibility, on behalf of all participating Member States, to enter into contracts with economic operators, including individual producers of crisis- relevant products, concerning the purchase of such products or concerning the advance financing of the production or the development of such products in exchange for a priority right to the result.
Amendment 733 #
2022/0032(COD)
Proposal for a regulation
Article 22 – paragraph 5
Article 22 – paragraph 5
5. Where the procurement of crisis- relevant products includes financing from the Union budget, specific conditions may be set out in specific agreements with economic operators. Public spending and support shall always ensure a fair return on investment and ensure strong social and environmental conditionalities.
Amendment 737 #
2022/0032(COD)
Proposal for a regulation
Article 22 – paragraph 6 a (new)
Article 22 – paragraph 6 a (new)
6 a. The Commission shall ensure that public policy priorities direct the joint undertakings, and that these operate in an open and transparent way, providing with all requested information in a regular and timely manner, notably through the full publication of signed joint undertaking contracts.
Amendment 760 #
2022/0032(COD)
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. The Commission may establish standing or temporary sub-groups for the purpose of examining specific questions. Where appropriate, the Commission may invite organisations representing the interests of the semiconductor industry, including the Industrial Alliance on Processors and Semiconductor Technologies, trade unions, and users of semiconductors at Union level, to such sub-groups in the capacity of observers. A sub-group including Union Research and Technology Organisations shall be established for the purpose of examining specific aspects on strategic technology directions and reporting on this to the European Semiconductor Board. Each sub-groups shall be composed of equal representation, including trade unions and users’ organisations. Proceedings and conclusions of the sub-groups meetings shall be made public within short delays.
Amendment 791 #
2022/0032(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
Amendment 794 #
2022/0032(COD)
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. Periodic penalty payments imposed in the cases referred to in paragraph 1 (c) shall not exceed 1.5 6% of the average daily turnover in the preceding business year for each working day of non-compliance with the obligation pursuant to Article 21 calculated from the date established in the decision.
Amendment 23 #
2021/2165(INI)
Motion for a resolution
Recital A
Recital A
A. whereas there were still over 3.300 fatal accidents and 3.1 million non-fatal accidents in the EU-27 in 2018; whereas over 200 000 workers die each year from work-related illnesses; whereas 20 % of jobs in Europe are of poor quality and put workers at increased risk regarding their health; whereas 14 % of workers have been exposed to a high level of psychosocial risks4 ; whereas 23 % of European workers believe that their safety or their health is at risk because of their work; __________________ 4 ‘Sixth European Working Conditions Survey – Overview report (2017 update)’, Eurofound, 2017, Publications Office of the European Union, Luxembourg.
Amendment 33 #
2021/2165(INI)
Motion for a resolution
Recital B
Recital B
B. whereas cancer is the leading cause of work-related deaths, accounting for 52 % of all work-related deaths in the EU; whereas carcinogens contribute to an estimated 100 000 occupational cancer deaths in the workplace every year5 ; whereas 80% of occupational cancers recognised in European countries are asbestos related; whereas skin cancer as an occupational disease is increasing due to various factors such as climate change; __________________ 5‘An international comparison of the cost of work-related accidents and illnesses’, EU-OSHA, 2017.
Amendment 65 #
2021/2165(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the Covid-19 pandemic has rendered evident the need to ensure the safety and protection of workers, and whereas it has highlighted the importance of preventing work-related diseases and investing in public health; whereas the COVID-19 pandemic has caused a rapid increase in teleworking; whereas remote working is proven to have a strong impact on the organisation of working time by increasing flexibility and workers’ constant availability9 ; whereas it is expected that the uptake of remote working and teleworking will remain higher than before the COVID- 19 crisis or that it will even increase further10 ; __________________ 9 ‘Working anytime, anywhere: The effects on the world of work’, Eurofound and the International Labour Office, 2017, Publications Office of the European Union, Luxembourg, and the International Labour Office, Geneva. 10‘Teleworking in the aftermath of the Covid-19 pandemic: enabling conditions for a successful transition’, European Trade Union Institute, 2021, Brussels.
Amendment 69 #
2021/2165(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Amendment 70 #
2021/2165(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas scientific knowledge about the exposure to various substances, physical agents or other hazards and its specific effects on human beings and the related occurrence of specific diseases has remarkably grown of the last years, the European list of occupational diseases has not been revised in order to acknowledge this scientific evidence;
Amendment 79 #
2021/2165(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the COVID-19 crisis has exposed the vulnerability of non-standard workers, including workers via digital labour platforms and self- employed workers; whereas platform work in the labour market is highly likely to continue growing; whereas self-employed workers are excluded from the scope of application of the strategic framework for health and safety at work, as they are not covered by the EU legislation on occupational health and safety;
Amendment 86 #
2021/2165(INI)
Motion for a resolution
Recital H
Recital H
H. whereas disturbing reports regarding breaches of cross-border and seasonal workers’ rights in terms of working and living conditions have surfaced during the pandemic; whereas precarious forms of employment like interim work, false self-employment or the work in subcontracting chains regularly exclude workers from occupational safety and health (OSH) services and training;
Amendment 93 #
2021/2165(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. whereas climate change has already had and will continue to have detrimental effects on human health, safety at work and on working conditions; whereas workers are increasingly exposed to high temperature, natural UV radiations and other health and safety hazard due to climate change;
Amendment 96 #
2021/2165(INI)
Motion for a resolution
Recital I b (new)
Recital I b (new)
Ib. whereas the world of work is the most dynamic subsystem of our societies and technological change is permanently resulting in new generations of existing tools or machinery, new substances and chemical products or new technologies like nano-technologies or artificial intelligence, always accompanied by new risks or hazards at work; whereas digital transitions as well as development of new technologies such as nano technologies, nano components and artificial intelligence will lead to profound and structural transformation of the world of work; whereas these transformations may have detrimental effects on human health, safety at work and on working conditions;
Amendment 106 #
2021/2165(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Commission’s strategic framework and, in particular, the introduction of the Vision Zero approach to work-related accidents and diseases; regrets however, the level of ambition in the OSH Strategy taking the Vision Zero into consideration and calls on the Commission to put forward proposals accordingly to its ambitions in the field of OSH; calls on the Commission to expand the Vision Zero approach to other injuries and accidents, as well as physical and mental attrition; calls on the Commission and Member States to significantly increase the focus on prevention strategies such as strengthening labour inspectorates, national health and safety services and social partner dialogue for preventive action; calls for the ambitious implementation and monitoring of the 7- year plan, also in the light of the impact of the COVID-19 pandemic, and; calls on the Commission to regularly update its strategic framework in line with climate change, evolution of labour markets and new technological developments; believes that strong legislative action is needed on several aspects of EU policy on occupational health and safety in order to complement the variety of soft measures envisaged in order to make Vision Zero a reality; calls for a clear focus on workers’ participation in the Vision Zero approachand the strengthening of social partners consultation in the Vision Zero approach; underlines that the Strategic Framework should continue to develop and improve current national strategies in cooperation with social partners and calls on the Member States to ensure that their strategies are specific in implementing effective measures;
Amendment 116 #
2021/2165(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls for Directive 2004/37/EC of 29 April 2004 on the protection of workers from the risks related to exposure to carcinogens or mutagens at work to be updated on a continual basis and in an ambitious timeframe, ensuring that occupational exposure limits contained in the directive exist for a minimum of 50 priority substances by 2024; calls for the inclusion of reprotoxic substances and hazardous medicinal products in the scope of the directive; on the Commission as a matter of priority to put forward an action plan to achieve occupational exposure limits for at least 25 new substances or group of substances to be include in the directive; reiterates its call on the Commission to update the limit values on harmful substances in accordance with up to date scientific data such as benzene and crystalline silica dust as the Parliament has called for in its position for the revision of Directive 2004/37/EC; calls for the inclusion of reprotoxic substances and hazardous medicinal products in the scope of the directive; calls on the Commission, after appropriate consultation with social partners and relevant stakeholders, to prepare a definition of Hazardous Medical Products (HMP)and establish the list of substances covered by the Directive 2004/37/EC, and prepare EU guidelines and standards of practice for the preparation, administration and disposal of HMP in the Member States; calls on the Commission to assess establishing a risk-based methodology in the Directive 2004/37/EC; calls on the Member States to ensure the right to stop work when facing imminent danger and exceptional hazardous working conditions for all workers, in accordance with national practices;
Amendment 122 #
2021/2165(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
Amendment 125 #
2021/2165(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the Commission’s commitment to present in 2022 a legislative proposal to further reduce workers’ exposure to asbestos; calls on the Commission to step up its ambitions and present a proposal for a European Strategy for the Removal of All Asbestos (ESRAA) in line with the Parliament’s report with recommendations to the Commission on protecting workers from asbestos (2019/2182(INL)); calls on the Commission to be ambitious in its endeavours to achieve the total ban ofremoval of all asbestos and with regard to its zero accidents at work vision, andwork- related deaths vision, and to revise the Directive 2009/148/EC with regards to training and certification of workers exposed to asbestos, and, as a matter of priority, to update the exposure limit for asbestos which should be set ato 0.,001 fibres/cm3 (1 000 fibres/m3); stresses the needcalls on the Commission with ESRAA to put forward a legislative proposal for an EU framework directive for national asbestos removal strategies, including public asbestos registers; calls on the Commission to update Directive 2010/31/EU with a view to introducing a requirement for the mandatory screening and subsequent removal of asbestos and other dangerous substances before renovation works can start and before the selling or renting out of buildings thereby prohibiting the sealing and encapsulation of asbestos, in order to protect the health of construction workers in the green transition;
Amendment 133 #
2021/2165(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Commission, after consulting the social partners as provided for in Article 154, on the basis of Article 153(2)(b) TFEU, to present a proposal for a directive setting out minimum requirements for the recognition of occupational diseases in the Member States; calls on the Commission to update the list of occupational diseases and to include all asbestos related diseases and work-related musculoskeletal disorders, skin cancers, as well as psychosocial work-related diseases such as depression, burnout and stress; stresses that this proposal should entail a list of occupational diseases liable for compensation in the Member States as well as the establishment of a national function to assist victims of occupational diseases;
Amendment 150 #
2021/2165(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Believes that Council Directive 89/391/EEC on the introduction of measures to encourage improvements in the safety and health of workers at work has not proven effective enough for the assessment and management of psychosocial risks; recalls its request that the Commission include in the Strategic Framework for Occupational Safety and Health the right to disconnect and, explicitly, that it develop new psychosocial measures as part of the framework; calls on the Commission, in this regard, to step up the ambition of the Strategic Framework for Occupational Safety and Health; calls on the Commission to propose a directive on psychosocial risks and well-being at work aimed at the efficient prevention in the workplace of, inter alia, anxiety, depression, burnout and stress; calls on the Commission to aim for the recognition of anxiety, depression and burnout as occupational diseases, to establish mechanisms for their prevention and the reintegration into the workplace of affected employees, and to shift from individual- level actions to a work organisation approach and in line with the principles of hierarchy of prevention included in the Directive 89/391/EEC;
Amendment 158 #
2021/2165(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the fact that the Commission is strengthening the gender focus on occupational safety and health; calls on the Commission and Member States to mainstream the gender perspective and the importance of taking account of gender differences throughout all legislative and non-legislative instruments on occupational health and safety, also with their respective implementation in the Member States; calls on the Commission to propose a legal act based on the framework agreement on harassment and violence at work, and to ensure that the fight against workplace violence and harassment applies regardless of the reason and the cause for the harassment and that it is not limited to cases based on discriminatory grounds; calls on the Member States’ governments to ratify ILO Convention No 190 to put in place the necessary laws and policy measures to prevent and address violence and harassment in the world of work;
Amendment 174 #
2021/2165(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. WRecalls that atypical and platform workers may be subject to increased health and safety risks for both on- location and online platform work; stresses that these risks are not limited to physical health but can also affect psychosocial health with unpredictable working hours, intensity of work, competitive environments (rating systems, work incentive through bonuses), information overload and isolation as emergent risk factors; welcomes the Commission’s intention to present by the end of 2021 a legislative initiative to improve the working conditions of platform workers; calls on the Commission to ensure that the proposal guarantees rights for all platform workers for a healthy and safe working environment;
Amendment 179 #
2021/2165(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Commission to guarantee that all workers, including non- standard workers, workers in platform companies and the self-employed are covered by occupational safety and health (OSH) legislation and policis well as fix-term contract, interim, forced part- time, bogus self-employed, agency and mobile workers are covered by occupational safety and health (OSH) legislation and policies; stresses the critical role of collective bargaining to ensure high occupational health and safety standards; stresses that European and international human rights instruments guarantee all workers the right to join a trade union, engage in collective bargaining, take collective action and enjoy protection under collective agreements, regardless of their employment status; insists that it is equally important to pay attention to the situation of workers with disabilities and chronic diseases;
Amendment 185 #
2021/2165(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission to include health and safety in all EU strategies and policies on the green and digital transitions, including on artificial intelligence (AI)transition; stresses that increase exposure to high temperature at the workplace will exacerbate the risks of heat strokes, dehydration, fatigue, lack of concentration and complications of chronic diseases; recalls that intensification of extreme weather events such as storms, floods or wildfire will lead to more physical injuries; stresses that work-related diseases linked to biological agents are also affected by climate change, such as the influence of increasing temperatures on geographical distribution of the vectors (ticks, mosquitoes) of biological agents, thereby facilitating the spread of diseases that are new to a region; insists that climate change is also increasing the risk of skin cancer, dust exposure and psychosocial risks; insists that inadequate organisation of work may also aggravate the situation; stresses the role of social partners in anticipating emerging occupational risks due to climate change;
Amendment 193 #
2021/2165(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on the Commission to include health and safety in all EU strategies and policies on the digital transition and especially in its upcoming artificial intelligence (AI) initiatives; recalls that the impact of artificial intelligence on workers and in the workplace might create new occupational safety and health risks; highlights that AI has facilitated the emergence of new forms of monitoring and management of workers based on the collection of large amounts of real-time data that will lead to legal, regulatory and ethical questions, as well as concerns for OSH; stresses the role of social partners in anticipating emerging occupational risks due to the development of disruptive technologies;
Amendment 215 #
2021/2165(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recalls the commitment by the Commission to assess the need for further actions to improve the functioning of the existing EU regulatory framework for health and safety and the need to amend the Biological Agents Directive; calls on the Commission to conduct, without delay, a targeted revision of the Biological Agents Directive, drawing on the lessons learned from the unprecedented crisis with a view to better preparedness and response planning in all workplaces; stresses that the revision should ensure that the directive is able to foresee pandemics, establish mandatory national emergency plans in the outbreak of a pandemic and provide the obligation on the employer to provide written instructions, translated in different languages if necessary, on OSH risks, sanitary measures and work organisation to all workers in the case of such an outbreak; calls on the Commission to strengthen cooperation between EU authorities such as European Labour Authority (ELA) and the Member States to protect and ensure mobile and posted workers’ rights in the case of future pandemics;
Amendment 237 #
2021/2165(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to propose a legislative framework in consultation with European social partners and whilst respecting national labour market models with a view to establishing minimum requirements for remote work across the Union; stresses that such a framework should clarify working conditions, including the provision, use and liability of equipment, including as regards existing and new digital tools, and that it should ensure that such work is carried out on a voluntary basis and that the rights, workload and performance standards of teleworkers are equivalent to those of comparable workers;
Amendment 257 #
2021/2165(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Repeats its call on the Commission to undertake an urgent study ofaction to improve the situation of the employment, working and health and safety conditions of mobile and migrant workers, such as cross-border, posted and seasonal workers, including the role of temporary work agencies, recruiting agencies, other intermediaries and subcontractors, with a view to identifying protection gaps and the need to revise the existing legislative framework as well as pandemic-proofingin the light of the principle of equal treatment and the particular health and safety challenges faced by mobile and migrant workers such as access to adequate equipment and facilities, quality and healthy housing , safe transport and decent meals, and the need to revise the existing legislative framework as well as pandemic-proofing; calls on the Member States to improve enforcement when it comes to worker accommodation, which is arranged by the employer, to ensure for the accommodation to be safe and decent; calls on the Commission to investigate how digital tools can help strengthen the cross-border enforcement of occupational safety and health standards for all mobile workers, including self-employed and mobile third country nationals;
Amendment 262 #
2021/2165(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Underlines the need to ensure the mainstreaming of OSH into public procurement and calls in this regard upon the Member States to table national policies to safeguard this; calls on the Commission to share best practices of how to mainstream OSH into public procurement rules and how to nationally include OSH clauses in line with the public procurement directive;
Amendment 264 #
2021/2165(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Member States to implement the ILO recommendation of one labour inspector per 10 000 workers and provide sufficient funding for national competent authorities in the field of occupational health and safety; calls on the Commission to conduct a survetudy on how national labour inspectorates conduct the inspections and on their scope and content in order to map their ability to enforce existing rules on OSH ensuring a level playing field for sufficient protection; calls on the Commission and the Member States to streamline occupational health and safety standards in all policies, as well as to improve preventive measures and the enforcement of existing occupational health and safety rules; underlines the role of social partners and national health and safety services in this regards;
Amendment 270 #
2021/2165(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls on the Commission to establish an early alert mechanism to detect needed adjustments and revisions of existing OSH Directives dealing with matters covering the areas of permanent change such as new scientific data on hazardous products, climate change, evolution of labour markets and new technological developments; underlines the need to involve especially sectorial social partners into this mechanism since they are first confronted with changing elements;
Amendment 272 #
2021/2165(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Calls on the Commission to initiate an assessment of the work of the health and services and the lessons learned in the area of external health and services since the introduction of Article 7(3) in the framework directive; urges the Commission to draw up recommendations for strengthening national external health services aiming at improving risk prevention at the workplace;
Amendment 274 #
2021/2165(INI)
Motion for a resolution
Paragraph 15 c (new)
Paragraph 15 c (new)
15c. Stresses the role of ELA in protecting mobile workers’ occupational health and safety rights and their enforcement; calls on the national authorities of the Member States concerned and, where appropriate, the Commission and other competent Union bodies, to closely collaborate with the ELA to implement and enforce them; calls on the EU-OSHA and ELA to work together to support the Commission and the Member States in improving the occupational health and safety of especially mobile and migrant workers;
Amendment 277 #
2021/2165(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Stresses the need to recognise and involve social partners and workplace health and safety representatives in the implementation and enforcement of the OSH legislative framework; calls on the Commission and the Member States to ensure the involvement of social partners in the formulation of all EU and national policies and in measures taken at all levels; calls on the Commission to start research on concepts and practises of better participation of workers and their representatives in trade unions and Works Councils in all phases of risk assessment and OSH policies as well as to ensure that workplace health and safety representatives are democratically elected by co-workers and not appointed by the employer; Calls on the Commission to assess funding possibilities to strengthen workers participation in OSH at the workplace;
Amendment 3 #
2021/2157(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses the valuable role played by Union agencies in helping Union institutions to implement policies, especially by carrying out specific technical, scientific and managerial tasks; appreciates the high quality work performed by the agencies working in the area of employment, social affairs and inclusion; reiterates in this regard the need to equip the agencies at a level commensurate to the assigned tasks, with a sufficient number of staff, employed in a stable manner and having sufficient material resources; reiterates that the proper functioning of the Executive Agencies also requires a high-quality social dialogue, closely involving the Local Staff Committees;
Amendment 4 #
2021/2157(DEC)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Calls on the Agencies Network to develop a general policy to not replace permanent staff by more expensive external consultants, in order to guarantee quality working conditions, and to prevent knowledge and experience from being lost;
Amendment 9 #
2021/2157(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes the deepened cooperation between the agencies within the framework of the European Union Agencies Network (EUAN) with a focus on sharing services, knowledge and expertise; calls for regular consultations between all agencies coordinated by the EUAN;
Amendment 15 #
2021/2157(DEC)
Draft opinion
Paragraph 6
Paragraph 6
6. Welcomes that agencies activated business continuity plans in good time to ensure the continuation of key governance processes and the well-being of staff during the COVID-19 pandemic; expresses satisfaction that agencies rapidly adapted their work to the pandemic through accelerated digitalisation measures, collaborated better, and improved the way they exchanged information to remain operational.; recommends regular surveys on staff satisfaction with and evaluation of teleworking arrangements;
Amendment 17 #
2021/2157(DEC)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Underlines the need to avoid digital overload and emphasizes that staff should only work within working hours; welcomes the European Training Foundation's new tools that were recently uploaded for the delivery of messages within working hours; calls on other agencies to follow the European’s training foundation as a good practice;
Amendment 19 #
2021/2157(DEC)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Is very concerned about the fact that some agencies, such as CEDEFOP, are not part of the crisis management team; stresses the importance of involving staff in crisis management; recommends, therefore, to start from the example of the ETF as a good practice and giving employees the chance to flag up issues and be in contact with management, especially during times of Covid-19- related teleworking;
Amendment 21 #
2021/2157(DEC)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6 c. Calls for more support to staff members who move to the country where the agency is located; suggests in this context establishing a liaison person who ensures, among other things, the connection between the staff and local authorities;
Amendment 22 #
2021/2157(DEC)
Draft opinion
Paragraph 6 d (new)
Paragraph 6 d (new)
6 d. Calls on the European Union Agencies Network (EUAN) to establish clear rules on staff member affiliation to the national health care system; recommends that these explicitly state mention the extent and duration of coverage;
Amendment 23 #
2021/2157(DEC)
Draft opinion
Paragraph 6 e (new)
Paragraph 6 e (new)
6 e. Emphasizes the importance of health protocols for all agencies, including internal health and safety committees, proper ventilation and pandemic security protocols, to be collectively discussed and implemented with staff;
Amendment 4 #
2021/2141(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Appreciates the Agency’s activities to develop, gather and provide reliable and relevant information, analysis and tools on occupational safety and health, which contribute to the Union policy aiming to promote healthy and safe workplaces across the Union; also, welcomes the important role of the health and safety committee; as well as increased access of staff members to the local health system;
Amendment 6 #
2021/2141(DEC)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Regrets that staff feels isolated because of teleworking; however, welcomes the fact that management offers a lot of psychological support, mindfulness sessions and does its best to create the best possible atmosphere, based on what staff members need and what the local administration decides;
Amendment 9 #
2021/2139(DEC)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Underlines the need to avoid digital overloading and emphasizes that staff should only work within working hours; welcomes the Foundation's new tools that were recently uploaded for the delivery of messages within working hours; calls on the other agencies to follow this as a good practice;
Amendment 11 #
2021/2119(DEC)
Draft opinion
Paragraph 6
Paragraph 6
6. Commends that, when the COVID crisis started, teleworking arrangements had already been in place since October 2017, with staff being equipped with laptops, and with online collaborative working tools and paperless procedures at their disposal, thus allowing the staff to continue working after 17 March 2020, when all operations began to be carried out remotely; notes that the Centre has seen new access conditions, highlights that infrastructures should be accessible to all staff, calls, in order to avoid discrimination, with the possibility of free PCR testing for all staff;
Amendment 14 #
2021/2119(DEC)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Notes that the mandate of the health and safety committee has expired; welcomes the announcement of a wellbeing committee; calls for the wellbeing committee to be set up as soon as possible;
Amendment 16 #
2021/2119(DEC)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Regrets that many staff members have difficulty in contacting national authorities, such as the health care system and the social security system; calls for more support for staff members who move to the country where the agency is located; suggests in this regard a liaison person who ensures, among other things, the smooth running of connections between the staff and local authorities;
Amendment 17 #
2021/2119(DEC)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Calls on the European Union Agencies Network (EUAN) to establish clear rules on staff member affiliation with the national healthcare system in Greece; recommends that these explicitly state what is covered by health insurance and until what date health insurance applies;
Amendment 13 #
2021/2106(DEC)
Draft opinion
Paragraph 12
Paragraph 12
12. Notes that the ESF expenses increased from EUR 11.2 billion in 2019 to EUR 13.7 billion in 2020 due to increased implementation; emphasizes that the ESF is supposed to counter the worst excesses of unequal development and boost local development; furthermore, regional actors must be involved more closely and the Member States contributions should be reduced in order to reach the weakest regions;
Amendment 15 #
2021/2106(DEC)
Draft opinion
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Urgently calls on the Commission to take the catering staff in-house in order to ensure good working conditions and avoid layoffs;
Amendment 47 #
2021/2098(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the COVID-19 pandemic has disproportionately affected the mental well-being of those facing financial uncertainty, with particular negative consequences for women, workers with chronic health conditions as well as of vulnerable populations, including ethnic minorities, single parents, the LGBTI+ community, the elderly, persons with disabilities, homeless and young people;
Amendment 53 #
2021/2098(INI)
Motion for a resolution
Recital D
Recital D
D. whereas before the pandemic it was estimated that 25 % of EU citizens would experience a mental health problem in their lifetime11 ; whereas mental well-being has reached its lowest level across all age groups since the onset of the pandemic; whereas this is especially prominent among young people and those who have lost their job; whereas in spring 2021, there was an overall increase in negative feelings, such as tension/anxiety, loneliness, and feeling downhearted and depressed, across most social groups in the EU; whereas, according with Eurofound, an increase in depressive feelings was recorded particularly among younger groups, while the highest increase in loneliness was recorded for women over 50; __________________ 11 European Network for Workplace Health Promotion, A Guide for Employers. To Promote Mental Health in the Workplace, 2011.
Amendment 54 #
2021/2098(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the mental health of young people has worsened significantly during the pandemic, with problems related to mental health doubling in several Member States compared to pre- crisis levels; whereas 64 % of young people in the 18-34 age group were at risk of depression in spring 2021, partly as a consequence of the lack of employment, financial and educational prospects in the longer run as well as a result of loneliness and social isolation; whereas the worsening of mental health can be also attributed to disruptions in access to mental health services and an increased workload, and a labour market crisis that disproportionately affected young people; whereas suicide is the second leading cause of death in Europe among young people;
Amendment 59 #
2021/2098(INI)
Motion for a resolution
Recital D f (new)
Recital D f (new)
Df. whereas many EU inhabitants don’t have access to public mental and occupational health services; whereas public mental and occupational health services are notoriously underfunded;
Amendment 68 #
2021/2098(INI)
Motion for a resolution
Recital E c (new)
Recital E c (new)
Ec. whereas the initial response to the pandemic failed to include a workplace dimension and the critical role trade unions play to defend workers’ fundamental human right to a safe and secure workplace;
Amendment 69 #
2021/2098(INI)
Motion for a resolution
Recital E d (new)
Recital E d (new)
Ed. whereas most EU sectoral social partners in the second half of 2020 recognised the importance of health and safety at work, the critical role of social dialogue and of sufficiently resourced public services to develop a preventive crisis strategy both in the public and private sectors;
Amendment 75 #
2021/2098(INI)
Motion for a resolution
Recital F b (new)
Recital F b (new)
Fb. whereas under EU occupational health and safety regulations, employers have the duty to protect workers’ safety and health in all aspects of work; whereas the reference to psychosocial risks is not explicitly referred to in the EU legal OSH framework; whereas Member States do not share legally binding common standards and principles regarding psychosocial risks, which leads to de facto unequal legal protections for workers;
Amendment 89 #
2021/2098(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Regrets that during the COVID-19 pandemic mental health has been affected by many factors including education, health, economic, employment and social inclusion policies, inadequate work organisation and teleworking arrangements and poverty; calls for mental health to urgently be tackled by cross- sectional policies;
Amendment 92 #
2021/2098(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses that the COVID-19 pandemic and subsequent economic crisis have caused a huge strain on the well-being of EU citizens and workers, particularly self-employed and platform workers, with higher rates of stress, anxiety and depression;
Amendment 95 #
2021/2098(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Commission to prioritise mental health in the upcoming European care strategy; underlines that the link between socioeconomic factors, such as unemployment, housing insecurity, mental health and wellbeing, must be addressed to ensure a holistic and comprehensive approach towards mental health at EU level; highlights that uncertainty about the future, including the impact of climate change, is having a detrimental effect on the mental health, especially on youth; calls on the Member States, therefore, to make mental health an integral part of the EU’s socioeconomic recovery from the pandemic and an occupational health priority, in particular in educational and workplace environments;
Amendment 104 #
2021/2098(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls for the EU institutions and Member States to recognise the high levels of mental health issues across the EU and commit to actions regulating and implementing a world of work which protects workers’ mental health and reinforce social protection rights;
Amendment 127 #
2021/2098(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Applauds the frontline staff who sacrificed their own well-being to perform life-saving work during the pandemic; calls for Member States to ensure that they have immediate access to adequate mental health resourcesrecalls that many frontline workers, such as the ones in waste, retail and health sectors, have precarious working arrangements and low wages; stresses that inadequate workload as well as precariousness and financial instability may lead to mental health issues; calls for Member States to ensure that they have immediate access to adequate mental health resources and psychosocial interventions, which should be extended beyond the acute crisis period of time as post-traumatic stress (due to lack of protective personal equipment, workload and possibly high social demands) is likely to have repercussions in the long term; calls on the Commission to give special attention to frontline staff in upcoming Commission’s legislative proposals on mental health at work;
Amendment 133 #
2021/2098(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recognises that employmentgood quality employment and decent wages can provide individuals with purpose and a sense of identity; emphasises the positive relationship between good mental health and work productivity;14 __________________ 14 OSHWiki, Mental Health, meaningful work and well-being at Wwork;
Amendment 140 #
2021/2098(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recalls that proactive approaches to digitalisation, such as adequate workload and structural work organisation, flexible work hours and establishing employeeworker assistance programmes, when workers and their trade unions are duly informed and consulted can help to mitigate work- related stress; notes that artificial intelligence systems may provide further options for this while potentially posing a certain number of challenges such as constant surveillance of workers and lack of control over work allocation; stresses that AI solutions in the workplace must not be unilaterally imposed and be ethical, transparent, fair and must avoid any negative implications for workers’ health and safety and must be subject to consultation with workers and/or their representatives;
Amendment 156 #
2021/2098(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes that the shift to teleworking during the pandemic and the flexibility it provided to employees could improvehas been a challenge for many workers, in particular for the poorest households, namely the single- parent households; notes that remote working is proven to have a strong impact on the organisation of working time by increasing flexibility and workers’ constant availability, frequently resulting in work-life conflict; recalls that telework, if properly regulated, could provide workers with the freedom to adapt their working hours and schedules to meet their own personal and family needs; calls on the Commission to propose a legislative framework with a view to establishing minimum requirements for telework while not negatively affecting employment conditions of teleworkers; stresses that such a framework should clarify working conditions, including regarding the provision and use of and liability for equipment, covering existing and new digital tools, and that it should ensure that such work is carried out on a voluntary basis and that the rights, work- life balance; encourages companies to provide clear and transparent rules on teleworking arrangements; , workload and performance standards of teleworkers are equivalent to those of comparable on-site workers; stresses that this legislative initiative should be based on a comprehensive assessment, including of the psychosocial risks associated with digital and remote working practises and permeable work environments; calls on the Commission and the Member States to ensure measures on accessibility and inclusive technology for persons with disabilities who are in the transition to teleworking and/or are undergoing remote vocational training; encourages companies and public administrations to provide clear and transparent rules on teleworking arrangements, including provisions on ergonomically fit equipment and compensation for additional work-related expenses, in negotiation with the trade unions and/or workers representatives;
Amendment 171 #
2021/2098(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Considers the right to disconnect essential to ensuring the mental well-being of employeeworkers and complementary to a preventive and collective approach against work-related psychosocial risks; reiterates its calls on the Commission to propose legislation requiring line managers to set minimum requirements for remote workinga directive on minimum standards and conditions to ensure that all workers are able to exercise effectively their right to disconnect and to regulate the use of existing and new digital tools for work purposes;
Amendment 180 #
2021/2098(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes that the Directives on the minimum safety and health requirements in the workplace and for work display screen equipment may open up opportunities for improving the protection of workers using digital devices, including self-employed workers and platform workers;
Amendment 184 #
2021/2098(INI)
Motion for a resolution
Paragraph 12 d (new)
Paragraph 12 d (new)
12d. Welcomes the Commission’s commitment to modernise the OSH legislative framework by reviewing Directive 89/654/EEC and Directive 90/270/EEC laying down minimum safety and health requirements for the workplace and work with display screen equipment;
Amendment 192 #
2021/2098(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Is concerned about the disconnect between current policy on mental health and attitudes in the workplace creating stigma; emphasises that due to stigma and discrimination, employees often feel unable to discuss mental health issues; recognises that employees who return after mental health leave are often poorly accommodated; calls for workplaceemployers to provide clear information about their in- house mental health support services;15 __________________ 15 WTW, 2021 Employee Experience Survey
Amendment 196 #
2021/2098(INI)
Motion for a resolution
Paragraph 13 c (new)
Paragraph 13 c (new)
13c. Is concerned about an approach to health which makes no distinction between mental health problems that pre- exist before the integration into work (e.g. bipolar disorder, schizophrenia) and those resulting from exposure to psychosocial risk factors at work (e.g. reactional depression, burnout, musculoskeletal disorders); regrets that this approach risks focusing only on the individual state of mental health rather than on the causes likely to affect it (conditions of employment and work, staffing levels, workload);
Amendment 203 #
2021/2098(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Believes that the measures to encourage improvements in the safety and health of workers are not effective for the assessment and management of psychosocial risks; calls on the Commission to recognise anxiety, depression and burnout as occupational diseases, to establish mechanisms for their prevention and the reintegration into the workplace of those affected and to move from individual-level actions to a work organisation approach16 ; calls on the Commission to revise the Commission recommendation concerning the European Schedule of Occupational Diseases of 2003 with additions such as work-related mental-health disorders, in particular anxiety, depression and burnout; calls on the Commission to transform this recommendation into a directive creating a minimum list of occupational diseases and setting out minimum requirements for the recognition and adequate compensation for individuals concerned, regardless the type of contractual relationship; __________________ 16 European Agency for Safety and Health at Work (2021), Telework and health risks in the context of the COVID-19 pandemic: evidence from the field and policy implications, 2021.
Amendment 216 #
2021/2098(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Commission to propose, in consultation with the social partners, a directive on psychosocial risks and well-being at work aiming to effectivelyed at the efficient prevention of psychosocial risks in the workplace; considers that occupational safety and health prevention policies should also involve employees in the identification and prevention of psychosocial risks; , such as anxiety, depression, burnout and stress, including risks caused by structural problems such as work organisation (i.e. poor management, poor work design or not properly matching workers’ knowledge and abilities with the assigned tasks); considers that occupational safety and health prevention policies are the responsibility of the employers but should also involve workers, trade unions and/or workers representatives in the in the conception and implementation of measures to identify and prevent psychosocial risks; considers the need to guarantee no repercussions for workers who raise concerns regarding psychosocial risks in the workplace; considers the need to provide means for labour inspectorates, including further funding and training to ensure they can adequately protect workers;
Amendment 228 #
2021/2098(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Considers that it is essential for managers, including middle management, to be provided with the psychosocial training required to adapt to work organisation practices and foster a deep understanding of negative mental health and the workplace; insists that trade unions must play a central role in the design and implementation of both trainings and best practices;
Amendment 232 #
2021/2098(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Underlines that the management and mitigation of psychosocial risks is first and foremost the responsibility of the employer; regrets that given the lack of sufficient mental health support and policies in the workplace, employees often have to rely on services provided by non- governmental organisations (NGOs); calls for workpla and expensive private consulting firms; calls for employers to ensure workers have access to in-house mental health support and remedies or be provided access to ensure employees have access to in-house mental health support and remediexternal supports at the expense of the employer should in-house services be unavailable; calls for the establishment of dedicated bodies at the workplace where they do not exist or access to external assistance should this be necessary, but also to strengthen the prerogatives of existing health and safety committees; calls on the Commission and the Member States to establish mechanisms for the prevention of such risks and the reintegration into the workplace of affected employees, and to shift from individual-level actions to a work organisation approach in line with the general principles of hierarchy of prevention included in Directive 89/391/EEC; calls on the Commission to prepare guidelines as regards the minimum number of personnel providing occupational health services that are required to ensure adequate occupational health surveillance; considers that protection and promotion of mental health should be an integral part of OSH preparedness plans for future health crises; stresses that specific attention should be paid to the mental health of healthcare workers and of other essential workers; recalls the crucial role of trade unions, including health and safety representatives, and effective social dialogue on health and safety matters;
Amendment 246 #
2021/2098(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. Urges the Member States to include costs with Mental Health Occupational Diseases in their annual budgets; calls on the Commission in cooperation with Member States to ensure local and other relevant public authorities to have sufficient staff and public resources to provide mental health support and services to all who need them;
Amendment 251 #
2021/2098(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. IStresses that all workers should be adequately protected no matter their status or the size of the enterprise and that support should be provided to micro enterprises to help them in the correct application of OSH rules; is concerned that entrepreneurs and SMEs in particular are in need of support to promote mental health awareness in the workplace and calls for EU-level efforts to assist them in risk assessment and the implementation of good practices; highlights the role of EU- OSHA in providing micro-enterprises and SMEs with the tools and standards they need to assess the risks to their workforce and implement adequate prevention measures; considers that EU-OSHA should be strengthened in order to better promote healthy and safe workplaces across the Union and further develop initiatives to improve workplace prevention in all sectors of activity;
Amendment 256 #
2021/2098(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Points out that 64 % of young people between 18 and34 were at risk of depression in 2021 due to lack of employment, financial and educational prospects, as well as loneliness and social isolation; stresses that one of the best tool to tackle mental health issues amongst young people is to provide them with meaningful, stable and desirable educational and employment perspectives; calls on the Commission to address the disruption in access to the labour market which has put young people at greater risk of experiencing mental health issues17 ; calls on the Member States to facilitate access for young people to paid, quality and inclusive traineeships, apprenticeships and internships; calls for the reinforcement of monitoring schemes, ensuring that young people receive adequate and quality first working experiences, opportunities for upskilling and new qualifications or credentials; condemns the practice of unpaid internships, apprenticeships and traineeships as a form of exploitation of young workers, and a violation of their rights, and calls on the Commission and the Member States, in collaboration with Parliament, to propose a common legal framework for an effective and enforceable ban on unpaid internships and to ensure fair remuneration for traineeships and apprenticeships in order to avoid exploitative practices leading in many cases to mental health issues; __________________ 17 OECD, Supporting young people’s mental health through the COVID-19 crisis, 2021, and European Youth Forum, ‘Beyond Lockdown: The ‘Pandemic Scar’ on Young People’.
Amendment 9 #
2021/2013(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas the COVID-19 pandemic has revealed the limits of the current set- up as regards the anticipation, coordination and strategic management of production, value and supply chains and the accessibility of key pharmaceuticals, including vaccines against COVID-19;
Amendment 31 #
2021/2013(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
B a. whereas the Commission’s final evaluation of the public-private IMI Joint Undertaking concluded that “no socio- economic benefits from IMI Joint Undertaking activities could be identified”, nor did it find any examples of it “bringing new, safer and more effective therapies or products to patients” or shortening development time; and that research topics “closer to the public interest than those identified by the industry” may be better identified under the wider research programme, and “at a lower cost for the public budget”;
Amendment 38 #
2021/2013(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
Ba. whereas universal access to high- quality, effective and safe medicines is a fundamental right; whereas the full enjoyment of this right is incompatible with a pharmaceutical production system geared primarily to commercial interests and the pursuit of profit;
Amendment 45 #
2021/2013(INI)
Draft opinion
Recital B b (new)
Recital B b (new)
B b. whereas the practice of parallel exports to countries where medicine is more expensive can create disruptions in supply across Member States, whereas in its resolution of 2March 2017 Parliament called on the Commission and the Council to assess the impact of the parallel trade and supply quotas;
Amendment 49 #
2021/2013(INI)
Draft opinion
Recital B b (new)
Recital B b (new)
Bb. whereas an effective pharmaceutical strategy should include measures designed to mitigate the impact of medicine shortages, but also to prevent them, by looking at their many root causes;
Amendment 53 #
2021/2013(INI)
Draft opinion
Recital B c (new)
Recital B c (new)
B c. whereas US Defense Advanced Research Projects Agency (DARPA)and the US Biomedical Advanced Research and Development Authority (BARDA) have pushed, supported and directed new technological trajectories in notably mRNA vaccine technologies; whereas certain Member States have experimented with similar programmes;
Amendment 54 #
2021/2013(INI)
Draft opinion
Recital B c (new)
Recital B c (new)
Bc. whereas public pharmaceutical research and innovation should be guided by, and intended solely to achieve, public health objectives, including unmet medical needs; whereas the effectiveness of the current innovation system has steadily declined;
Amendment 57 #
2021/2013(INI)
B d. whereas the Declaration on the TRIPS Agreement and Public Health, adopted in Doha on14November 2001, states that the TRIPS agreement should be implemented and interpreted in a way that is good for public health – encouraging both access to existing medicines and the development of new ones; whereas the WTO TRIPS Council decided on 6 November 2015 to extend the drug patent exemption for the least developed countries (LDCs) until January 2033;
Amendment 58 #
2021/2013(INI)
Draft opinion
Recital B d (new)
Recital B d (new)
Bd. whereas the problems of the lack of diversity in pharmaceutical supply chains and supply bottlenecks are being exacerbated by the emergence of monopolistic groupings, in particular in the biosurgery supplies industry; whereas this lack of diversity is being made worse by significant intellectual property barriers which are preventing actors from manufacturing the products needed;
Amendment 77 #
2021/2013(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Recalls the need of constant and sufficient availability of affordable medicines in all Member States; calls on the Commission to develop an early warning system for drug shortages, based on a European information network on supply problems, to monitor the obligation on the part of industry to provide early and transparent information on the availability of medicines; calls on the Commission to develop a mechanism to guarantee full transparency in production and supply chains, notably in its new industrial strategy; invites the Commission to develop synergies with horizon scanning and mapping processes already inexistence via EMA or existing voluntary inter-country cooperation schemes;
Amendment 78 #
2021/2013(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on the Commission and the Member States to establish a 'European public medicines hub' with a view to launching a genuinely public programme covering the whole of the value chain and life cycle of medicines, including research and development, production and distribution; calls, in that connection, for the development of European public biomedical infrastructure to foster public- public partnerships; emphasises the contribution which the European Medicines Agency, the European Centre for Disease Prevention and Control and the future European Health Emergency Preparedness and Response Authority (HERA) could make to this project;
Amendment 80 #
2021/2013(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Emphasises that health is a fundamental, inalienable and universal human right; regards medicines, therefore, as a shared resource for humankind which should not be treated marketable goods whose use is geared solely to the pursuit of profit;
Amendment 82 #
2021/2013(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
Amendment 85 #
2021/2013(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Takes the view that the 'European public medecines hub' will be able to meet the Commission's calls for open strategic autonomy;
Amendment 87 #
2021/2013(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1 c. Considers that uncompetitive and monopolistic markets, as well as a lack of standardization, have contributed to supply chain shortages, notably for single use bioprocessing equipment, limiting the rapid scale-up of Covid-19 vaccine production; calls on the Commission to support intellectual property waivers and compulsory licensing of monopoly patents throughout the supply chain to address these bottlenecks;
Amendment 88 #
2021/2013(INI)
Draft opinion
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Insists, with a view to mitigating the shortcomings and short-termism of private pharmaceutical laboratories, that a genuine industrial strategy be implemented to restore conditions conducive to local pharmaceutical production; considers that this European pharmaceutical industrial strategy should contribute to a genuine public health strategy focused on patients' interests;
Amendment 89 #
2021/2013(INI)
Draft opinion
Paragraph 1 d (new)
Paragraph 1 d (new)
1 d. Is concerned about the continuous decline in efficiency of the current innovation system due in part to data silos and the fragmentation of knowledge; calls on the Commission to promote and support open science partnerships as a mechanism to reverse declining efficiency and promote innovation, avoiding restrictive forms of intellectual property to facilitate use and sharing;
Amendment 91 #
2021/2013(INI)
Draft opinion
Paragraph 1 e (new)
Paragraph 1 e (new)
1 e. Recognizes the shortcomings and limited returns of the usual economic models used by the industry to develop new antibiotics; calls on the Commission to urgently present its analysis and thorough review of the current R&I incentive models in this area and address antimicrobial resistance;
Amendment 92 #
2021/2013(INI)
Draft opinion
Paragraph 1 f (new)
Paragraph 1 f (new)
1 f. Recognizes that further analysis to examine the limits of the current pharmaceutical system in the EU and its Member States is needed, in particular in relation to the impact of certain incentives in EU pharmaceutical legislation, the use thereof by economic operators and the consequences for the innovation, availability, accessibility and affordability of medicinal products for the benefit of patients including as regards innovative treatment solutions to common diseases that cause a heavy burden for individuals and health systems;
Amendment 93 #
2021/2013(INI)
Draft opinion
Paragraph 1 f (new)
Paragraph 1 f (new)
1f. Urges the Commission and the Member States to carry out a survey of all the most recent manufacturing locations of medicinal products of major therapeutic interest (MPMTIs) in the EU;
Amendment 94 #
2021/2013(INI)
Draft opinion
Paragraph 1 g (new)
Paragraph 1 g (new)
1 g. Welcomes the Commission's initiative to create a European Health Emergency Preparedness and Response Authority (HERA); Invites the Commission to set up an inclusive public health and public interest driven governance for HERA, ensuring transparent public control and a balanced representation of public health civil society organisations, patients, and consumers, while excluding industrial lobbies from its decision-making; Highlights the need for the new public agency to be financially sustainable in order to permit long-term planning;
Amendment 96 #
2021/2013(INI)
Draft opinion
Paragraph 1 h (new)
Paragraph 1 h (new)
1 h. Invites the Commission to base HERA’s decisions on evidence-based and global health driven priorities defined in close collaboration with the World Health Organization; favours a broad mandate to address bottlenecks from the discovery phase all the way to production and distribution in order to guarantee public oversight and control and ensure equitable distribution and affordable access to end products; calls on the Commission to promote, through HERA, strategic public investment in research, development, manufacture, deployment, distribution and use of critical medicines and medical devices;
Amendment 98 #
2021/2013(INI)
Draft opinion
Paragraph 1 i (new)
Paragraph 1 i (new)
1 i. Highlights the importance of public R&D efforts in discovering new treatments; stresses that research priorities must address public health needs, and stresses that the regulatory framework must facilitate the best possible outcome for patients and public health; calls on the Commission and the Member States to foster R&D driven by public health and unmet medical needs, including by researching new antimicrobials;
Amendment 100 #
2021/2013(INI)
Draft opinion
Paragraph 1 j (new)
Paragraph 1 j (new)
1 j. Considers that future medicines and vaccine development needs to be steered towards delivering optimal health technologies for public health and global access, including through the design and use of mission-oriented innovation programmes; highlights the necessity of enhanced EU leadership in prioritising public health needs and steering future R&D of health technologies by selecting and pursuing promising potential products based solely on public health considerations;
Amendment 102 #
2021/2013(INI)
Draft opinion
Paragraph 1 k (new)
Paragraph 1 k (new)
1 k. Calls on the Commission and the Member States to examine the possibility of creating one or more European public or non-profit pharmaceutical undertakings which operate in the public interest to manufacture medicinal products of health and strategic importance for healthcare, as part of its Industrial and Pharmaceutical Strategies, in order to complete and guarantee security of supply and prevent possible shortages of medicines in cases of emergency; recalls the essential role that new technologies, digitalisation and artificial intelligence can play in enabling researchers from European laboratories to work in a network and share their objectives and their results, while fully respecting the European Data Protection Framework;
Amendment 103 #
2021/2013(INI)
Draft opinion
Paragraph 1 k (new)
Paragraph 1 k (new)
1k. Calls on the Commission and the Member States to work together with health professionals, patients’ associations and manufacturers to draw up an evolving list of MPMTIs for which there are serious risks of shortages, using monitoring indicators such as previous shortages and indicators relating to the fragility of the production chain;
Amendment 104 #
2021/2013(INI)
Draft opinion
Paragraph 1 l (new)
Paragraph 1 l (new)
1l. Calls for public medicinal product hubs to be set up in all the Member States, and also at EU level; takes the view that these public hubs should be run democratically and transparently by management boards which bring together representatives of national health authorities and social security institutions, representatives of industry trade unions, associations of public health system users, scientists and parliamentarians;
Amendment 115 #
2021/2013(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
Amendment 120 #
2021/2013(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Condemns the practice employed by pharmaceutical laboratories of abandoning all medicines no longer considered profitable enough, even if they are essential, and only seeking to maximise profits by filing patents;
Amendment 121 #
2021/2013(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Commission to ensure that the results of research fully or partly financed by Union programmes or other public funds, including HERA, remain in the public domain and are subject to non- exclusive licences;
Amendment 145 #
2021/2013(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Is concerned, particularly in regard to the Innovative Health Initiative, that the Industry exercises exclusive control on the priorities of the Innovative Medicines Initiative (IMI2) Joint Undertaking, that the Industry alone draws up the strategic agendas and annual work plans and privatises the results and data of projects financed by public money;
Amendment 147 #
2021/2013(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls for the introduction of a new incentive model, based on a study of decoupling mechanisms as an alternative to exclusive protection arrangements and subject to strict conditions governing the accessibility and availability of public funds for research and innovation;
Amendment 148 #
2021/2013(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Calls on the Commission to correct structural flaws in the design of Joint Undertakings, which give Industry a monopoly on strategic decision-making, allowing it to block the 2018 Commission proposal to integrate epidemiological preparation into the scope of the work of the IMI2 Joint Undertaking;
Amendment 152 #
2021/2013(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3 c. Notes that the Industry refuses to disclose crucial documents related to Joint Undertakings and public-private partnerships, such as project proposals, grants or project agreements; recalls, in that regard, that those documents concern projects funded by public money; regrets that these problems are partly a consequence of the structure and mechanisms of this public-private partnership; calls therefore on the Commission to introduce stringent transparency obligations in all current and future partnerships;
Amendment 159 #
2021/2013(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
Amendment 161 #
2021/2013(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Emphasises that patent protection and enforcement should have due regard for the interests of society, namely the safeguarding of human rights and public health priorities; points out that patent protection should not interfere with the right to health, undermine the accessibility and availability of medicines or serve to widen social divides;
Amendment 167 #
2021/2013(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Calls on the Commission to consider introducing compulsory European licences for medicines and vaccines, as a means of making responses to future public health crises in Europe quicker and more effective; calls for the applicable data protection and market exclusivity periods provided for in Regulation (EC) No 816/20061 to be waived every time a Member State issues a compulsory licence or in case of need;
Amendment 169 #
2021/2013(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Recalls that IP rights allow an extensive period of exclusivity that needs carefully and effectively to be regulated, monitored and implemented by the competent authorities so that IP rights do not limit accessibility and availability of medicines nor conflict with the fundamental human right to health;
Amendment 171 #
2021/2013(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4 c. Calls on the Commission to build on, extend and generalize the additional exploitation obligations, including an obligation to license on a non-exclusive basis and at fair and reasonable conditions included in the special Coronavirus calls under the Horizon 2020 Framework Programme;
Amendment 193 #
2021/2013(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Stresses that the high level of public funds used for R&D is not reflected in the pricing due to a lack of traceability of the public funds in the patenting and licensing conditions, impeding a fair return on public investment;
Amendment 195 #
2021/2013(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Considers that “value-based” and “willingness-to-pay” pricing models are at odds with the right to access to medicines, medical products and technologies as part of the right to health, as well as with sound fiscal policy, notably for new highly effective treatments for chronic diseases, life-saving medicines, orphan drug sand cures offering no proven benefit to research and development; therefore invites the Commission to support pricing models based on real production costs,including favouring grants, subsidies, and cash rewards to ensure robust funding for R&D, delinking the cost of R&D from the price of the products;
Amendment 198 #
2021/2013(INI)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6 c. Notes that repurposing off-patent drugs has long been presented as a cost- effective and efficient way to develop new treatments; regrets however that a lack of publicly available data has limited its potential; insists that the repurposing of off-patent medicines not lead in any case to a decline in accessibility and that price increases would defeat the low cost of off- patent medications, a main point of interest of repurposing; highlights therefore the importance of public investment, coordination and initiative;
Amendment 199 #
2021/2013(INI)
Draft opinion
Paragraph 6 d (new)
Paragraph 6 d (new)
6 d. Calls on the Commission to urgently assess the impact of parallel trade on shortage of medicines in the Member States and to tackle problems adequately by taking all necessary action to ensure that medicines reach all patients in the EU in a timely manner; Calls to prioritize the right of access to healthcare to patients over the free movement of goods;
Amendment 205 #
2021/2013(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission to promofacilitate joint procurement and make it standard practice and apply most economically advantageous tender (MEAT) criteria more stringently, in order to help push the price of medicines down; draws attention, in that connection, to the New Zealand Pharmac experiment or the Kiwi model;
Amendment 211 #
2021/2013(INI)
7 a. Calls for EU joint procurement to be used more systematically to avoid Member States competing against each other and to ensure equal and affordable access to important medicines and medical devices, in particular for new innovative antibiotics, new vaccines and curative medicines, and medicines for rare diseases;
Amendment 222 #
2021/2013(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Regrets the excessive influence of industry interest groups, which is detrimental to public-health, patient and consumer associations and to trade unions.Calls on the Commission to guarantee total transparency and democratic scrutiny of decisions, procedures and choices in this area; condemns the excessive influence of industry interest groups, which is exerted to the detriment of associations representing patients, consumers and health professionals, experts in clinical trials, public-health associations and trade unions representing workers in the industry; calls for transparent governance arrangements and decision-making procedures independent of the pharmaceutical industry to be established for all authorities, public agencies and joint undertakings in the health sector;
Amendment 230 #
2021/2013(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Stresses the importance of safe- guarding and creating quality jobs along the entire pharmaceutical value chain; calls on the Commission to promote equality employment in the pharmaceutical sector; considers that public funding, notably under Next Generation EU, requires employment safeguards; calls for a ban on collective redundancies in companies distributing shareholder dividends;
Amendment 237 #
2021/2013(INI)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8 b. Recalls the critical need both for global health and global supply chains to develop local capacities, including in developing countries, notably in terms of pharmaceutical research, development and production, in order to bridge the persisting gap in research and medicines production through product-development partnerships and the creation of open centres of research and production; Calls on the Commission to use the Industrial, IP and Pharmaceutical Strategies to facilitate this;
Amendment 248 #
2021/2013(INI)
Draft opinion
Paragraph 8 c (new)
Paragraph 8 c (new)
8 c. Highlights that increasing manufacturing and ‘fill and finish’ capacities requires sharing the technological know-how and intellectual property and corresponding technology; invites the Commission to encourage the transfer of crucial health technologies to developing countries by granting open licenses for such technologies in line with obligations under Article 66.2 of the TRIPS Agreement;
Amendment 254 #
2021/2013(INI)
Draft opinion
Paragraph 8 d (new)
Paragraph 8 d (new)
8 d. Calls on the Commission to propose a strategy addressing the concentration of capacity production and support decentralisation with partners in multiple countries in order to distribute systemic risks, build systematic resilience in the manufacturing and supply of essential medicines and vaccines, and strengthen global health commons;
Amendment 259 #
2021/2013(INI)
Draft opinion
Paragraph 8 e (new)
Paragraph 8 e (new)
8 e. Recalls that the Human Genome Project governed by the Bermuda Principles illustrated the potential of publicly funded initiatives committed to data sharing; calls for a coordinated, collaborative and open approach in the field of research and innovation, with a stronger role for the Commission and Member States in coordinating health and epidemiological research so as to avoid duplication and drive research towards outcomes including needed medicines, vaccines, medical devices and equipment;
Amendment 264 #
2021/2013(INI)
Draft opinion
Paragraph 8 f (new)
Paragraph 8 f (new)
8 f. Notes that opacity of contracts and private-public partnerships generates information asymmetries that unduly benefit certain companies and limit public accountability of Commission and Member States; calls on the Commission and Member States to fully comply with WHO transparency resolution (WHA 72.8), and the specific transparency norms in the resolution, including in regard to transparency of net prices, patent landscapes, units sold, sales revenues, subsidies and incentives, registration status in countries, the costs of human subject clinical trials and the outcomes from trials;
Amendment 269 #
2021/2013(INI)
Draft opinion
Paragraph 8 g (new)
Paragraph 8 g (new)
Amendment 3 #
2021/2012(INI)
Motion for a resolution
Citation 23 a (new)
Citation 23 a (new)
— having regard to its resolution of 16 January 2018 on international ocean governance: an agenda for the future of our oceans in the context of the 2030 Sustainable Development Goals,
Amendment 7 #
2021/2012(INI)
Motion for a resolution
Citation 23 b (new)
Citation 23 b (new)
— having regard to the Commission Communication of 20 May 2020 entitled ‘EU Biodiversity Strategy for 2030’ (COM(2020) 380),
Amendment 8 #
2021/2012(INI)
Motion for a resolution
Citation 23 c (new)
Citation 23 c (new)
— having regard to its resolution of 9 June 2021 on the EU Biodiversity Strategy for 2030: Bringing nature back into our lives,
Amendment 9 #
2021/2012(INI)
Motion for a resolution
Citation 23 d (new)
Citation 23 d (new)
— having regard to its resolution of 28 November 2019 on the climate and environment emergency,
Amendment 10 #
2021/2012(INI)
Motion for a resolution
Citation 23 e (new)
Citation 23 e (new)
— having regard to the EEA briefing of 6 October 2020 entitled ‘Management effectiveness in the EU’s Natura 2000 network of protected areas’,
Amendment 11 #
2021/2012(INI)
Motion for a resolution
Citation 23 f (new)
Citation 23 f (new)
— having regard to Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds,
Amendment 12 #
2021/2012(INI)
Motion for a resolution
Citation 23 g (new)
Citation 23 g (new)
— having regard to Council Directive92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora,
Amendment 13 #
2021/2012(INI)
Motion for a resolution
Citation 23 h (new)
Citation 23 h (new)
— having regard to Directive2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy,
Amendment 14 #
2021/2012(INI)
Motion for a resolution
Citation 23 i (new)
Citation 23 i (new)
— having regard to Directive 2014/89/EU of the European Parliament and of the Council of 23 July 2014 establishing a framework for maritime spatial planning,
Amendment 15 #
2021/2012(INI)
Motion for a resolution
Citation 23 j (new)
Citation 23 j (new)
— having regard to the Convention on the Conservation of Migratory Species of Wild Animals,
Amendment 16 #
2021/2012(INI)
Motion for a resolution
Citation 23 k (new)
Citation 23 k (new)
— having regard to the EEA briefing of 6 October 2020 entitled ‘Management effectiveness in the EU’s Natura 2000 network of protected areas’,
Amendment 17 #
2021/2012(INI)
Motion for a resolution
Citation 23 l (new)
Citation 23 l (new)
— having regard to the European Court of Auditors special report of 26 November 2020 entitled ‘Marine environment: EU protection is wide but not deep’,
Amendment 18 #
2021/2012(INI)
Motion for a resolution
Citation 23 m (new)
Citation 23 m (new)
— having regard for the UNEP Emissions Gap reports 2019 and 2020,
Amendment 20 #
2021/2012(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the EU has endorsed the Paris Agreement, as well as the European Green Deal and the recently adopted European Climate Law, which set an ambitious target of reducing emissions by 55 % by 2030 and complementary goals, with the aim of achieving the EU’s net- zero carbon emission target by 2050 at the latest in order to fight the effects of global climate change; underlines that the UNEP Emissions Gap Reports confirm that an emissions reduction of 65-70 % by 2030 would be necessary to limit global warming to 1,5 C in line with the commitments under the Paris Agreement;
Amendment 30 #
2021/2012(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas the UNEP Emissions Gap Report 2020 points to the fact that the highest income groups in our society are responsible for the largest share of GHG emissions, while the lowest income groups suffer disproportionately from the effects climate change;
Amendment 38 #
2021/2012(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Amendment 44 #
2021/2012(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
C b. whereas the skills and qualifications of the workforce are a key factor for the success of the offshore renewable strategy;
Amendment 77 #
2021/2012(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Stresses that climate change disproportionately affects low income households; recalls the promise of the European Green Deal that no-one should be left behind; underlines that the wellbeing of people should be at the heart of the green transition that needs to be green and social;
Amendment 79 #
2021/2012(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Stresses that the unprecedented expansion of ORE requires the mobilization of the public sector in the deployment of renewable energy onshore and offshore; highlights that the renewable energy sector constitutes a strategic supply chain in the fight against climate change; emphasizes the importance of an active and public industrial policy that steers the EU and Member States efforts through regulatory measure, public investments and public sector participation in the scale up of ORE; stresses the potential of public- driven offshore energy production which would benefit from a long-term public interest vision and independence from short-term profit seeking interests that could undermine and the global efforts to fight climate change;
Amendment 80 #
2021/2012(INI)
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1 c. Urges the Commission to revise public procurement and state aid rules to empower Member States and the public sector to tackle the climate emergency and guarantee the rapid expansion of ORE; encourages Member States to attach strong conditionalities in terms of quality and security of jobs when according state aid to private companies;
Amendment 81 #
2021/2012(INI)
Motion for a resolution
Paragraph 1 d (new)
Paragraph 1 d (new)
1 d. Highlights that the green and social transition is a necessary investment for future generations; calls on the Commission to suspend EU fiscal and budgetary rules that hamper investment in a green and social transition;
Amendment 100 #
2021/2012(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Stresses that the transition to a net-zero greenhouse gas economy should not compromise conservation and restoration of nature, the existing nature targets of the Biodiversity Strategy or leave anyone behind as promised in the European Green Deal, and needs to be a fair and inclusive energy transition;
Amendment 113 #
2021/2012(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses the urgency of improving and expanding existing infrastructure, without prejudice to the EU’s Biodiversity Strategy for 2030 and EU nature legislation to enable the increased flow of electricity from offshore sites to inland- based consumers;
Amendment 130 #
2021/2012(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the Commission’s proposal for a revision of the TEN-E Regulation and the attention it gives to the offshore renewables sector’s needs and priorities; stresses that the development of sustainable and efficient transmission infrastructure requires forward-looking public planning and investment; believes strongly that regulatory frameworks should facilitate anticipatory investments;
Amendment 151 #
2021/2012(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Highlights the importance of onshore renewables for the public sector including the re-municipalization of energy services, and onsite production on public buildings; emphasis the role of the public sector and energy communities in alleviating energy poverty; stresses that coastal communities should benefit from offshore renewables in a similar way;
Amendment 152 #
2021/2012(INI)
Motion for a resolution
Subheading 4
Subheading 4
Amendment 156 #
2021/2012(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that in some cases electricity from offshore renewables can contribute to the greening of district heating, decreasing and eventually eliminating its GHG emissions; highlights the potential to incorporate ORE in district heating through clean electricity and heat pumps;
Amendment 160 #
2021/2012(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Reiterates the energy efficiency first principle and the need to reduce overall energy demand; stresses that onshore and offshore renewables should be complementary and mutually reinforce the transition to an entirely renewable based energy system;
Amendment 164 #
2021/2012(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Stresses that further research should be conducted to assess the long- term impact of offshore renewable energy infrastructure throughout their life cycle; as well as to improve our knowledge of the areas they’re planned to be developed in;especially recalls that more research is still needed to better understand the environmental impacts of offshore renewable energy developments and their various technologies and technical options, especially cumulative impacts when infrastructures are deployed at an industrial scale;
Amendment 165 #
2021/2012(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9 b. Believes that research should be supported on nature-inclusive design, so as to reduce the impact on the environment as much as possible from the design phase onwards;
Amendment 166 #
2021/2012(INI)
Motion for a resolution
Paragraph 9 c (new)
Paragraph 9 c (new)
9 c. However also recalls that due to the complexity of marine ecosystems, eco- design measures can have both positive and negative environmental impacts and thus require pilot tests, and need to be included and assessed in the Environmental impact assessment of the project;
Amendment 167 #
2021/2012(INI)
Motion for a resolution
Paragraph 9 d (new)
Paragraph 9 d (new)
9 d. Reminds that offshore renewable energy projects and their environmental impact assessments (EIA) must follow the mitigation hierarchy approach: avoid, minimize/reduce (restore and compensate in last resort only); recalls that when avoidance is impossible or very limited, reduction measures need to be adopted and effectively implemented during all phases, from site-selection, to exploitation and decommissioning, that includes for instance mandatory mitigation measures against underwater noise in EIA to reduce disturbance of underwater fauna, seabird and bats survey plans in all stages of development;
Amendment 168 #
2021/2012(INI)
Motion for a resolution
Paragraph 9 e (new)
Paragraph 9 e (new)
9 e. Believes that throughout the full project cycle, it is crucial to design, develop and deploy renewable offshore energy in a circular and renewable way; especially stresses that the substantial amount of metals and minerals needed to support the growth of renewable technologies need to be responsibly and circularly sourced;
Amendment 169 #
2021/2012(INI)
Motion for a resolution
Paragraph 9 f (new)
Paragraph 9 f (new)
9 f. Recalls that the average lifespan of wind turbines is around 20-25 years; urges the Commission and Member States to invest in research and development into circular and nature inclusive design of ORE;
Amendment 177 #
2021/2012(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Highlights that the expansion of ORE will require a large highly specialized and qualified workforce; calls on the Commission and Member States to take the necessary steps to create qualified work with good salaries, good working conditions, ensuring social protection instead of precarious work, atypical contracts or bogus self-employed; stresses that this should include individual and collective workers’ rights, social protection and collective agreements as an integral part of the offshore renewable strategy;
Amendment 184 #
2021/2012(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10 b. Underlines the importance of female employment in this highly technical environment of the offshore sector and ensuring the principle of equal pay and equal treatment to meet the needs of a rapidly expanding ORE sector; highlights the IndustriAll Pact for skills project in this regard; stresses the importance of quantified objectives for women employed in the sector in recruitment as well as up- and re-skilling;
Amendment 193 #
2021/2012(INI)
Motion for a resolution
Paragraph 10 d (new)
Paragraph 10 d (new)
10 d. Urges the Commission and Member States to have a particular focus on occupational health and safety requirements in a maritime and offshore environment; points out the work environment in open sea in changing seasons, changeable and extreme weather conditions such as storms, working in heights, technically rough environment including large moving parts, in construction maintenance decommissioning and eco-system restoration including transport on board of ships and other means of transport such as helicopters; calls on the Commission and MS to develop an integrated health and safety framework including provisions for training and re- training;
Amendment 196 #
2021/2012(INI)
Motion for a resolution
Paragraph 10 e (new)
Paragraph 10 e (new)
10 e. Highlights that subcontractors have a higher rate of occupational accidents; calls for joint and severe liability along the sub-contracting chain for sub-contractors and contractors; calls on the inclusion of contractors and sub- contractors in the health and safety frameworks and into the adequate training in theory and practice;
Amendment 198 #
2021/2012(INI)
Motion for a resolution
Paragraph 10 f (new)
Paragraph 10 f (new)
10 f. Calls on Commission particularly the European Labour Authority to assess the development of occupational accidents in the offshore industry;
Amendment 199 #
2021/2012(INI)
Motion for a resolution
Paragraph 10 g (new)
Paragraph 10 g (new)
10 g. The development of the sector requires sufficient and well equipped labour inspectorate; calls on Commission and Member States to provide labour inspections with the necessary means;
Amendment 201 #
2021/2012(INI)
Motion for a resolution
Paragraph 10 i (new)
Paragraph 10 i (new)
10 i. Urges the Commission and Member States to provide a legislative proposal for a unified EU maritime area to establish minimum labour- and social protection standards, promoting collective agreements and social dialogue; to prevent undermining wage and social protection levels and working conditions along the maritime frontiers and across borders;
Amendment 202 #
2021/2012(INI)
Motion for a resolution
Paragraph 10 j (new)
Paragraph 10 j (new)
10 j. Endorses a just transition of offshore oil- and gas workers towards ORE sector by improving the recognition of their skills and qualifications;
Amendment 204 #
2021/2012(INI)
Motion for a resolution
Paragraph 10 l (new)
Paragraph 10 l (new)
10 l. Endorses an active public industrial policy in the ORE supply chain including a public procurement agenda for domestic content to locate qualified industrial workplaces in former coal regions, rural areas and other regions undergoing structural change including landlocked regions to facilitate a just transition that creates real perspectives for the people in these regions; highlights the importance of training and retraining workers including quantified targets for women, young people and disadvantaged groups; calls on Commission and Member States to make effective use of EU funds for training and re-training of workers and to support SMEs in the ORE supply chain;
Amendment 205 #
Amendment 216 #
2021/2012(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes the current lengthy process for launching ORE projects and the urgent need to speed it up in order to reach the 2030 and 2050 goals; notes that streamlining MSs procedures and technical standards will facilitate more rapid deployment; calls on the MSs to consider introducing time limits for issuing permits, including the automatic grantstresses the role of the public sector in planning and implementing projects ing of permits after deadlines expirerder to meet the 2030, 2040 and 2050 goals;
Amendment 219 #
2021/2012(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Acknowledges that meeting the 2030 and 2050 targets requires speeding up the deployment of offshore renewable energy; stresses however that this should not been done at the expense of either inclusive, transparent and effective stakeholder engagement in the permitting process, or the necessary impact assessments and required correcting measures; believes that failing to deliver on inclusive and science-based permitting processes is likely to hinder public acceptance as well as to result in irreparable damage to marine ecosystems and local coastal communities;
Amendment 223 #
2021/2012(INI)
Motion for a resolution
Paragraph 12 c (new)
Paragraph 12 c (new)
12 c. Recalls that the majority of ecological functions cannot be artificially substituted, and only a limited number of ecosystems are likely to be suitable for such compensatory actions; underlines that the possibility to implement restoration operations based on offshore renewable energy infrastructures depends on the nature of the ecosystems that have been altered; stresses therefore the need to approach the possibility to implement restoration operations based on offshore renewable energy infrastructures on a case-by-case basis and based on the precautionary principle;
Amendment 229 #
2021/2012(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Notes that the total space required to ensure the offshore wind capacity for the northern seas meets the 2050 goals is expected to be 2.8 %; underlines, therefore, the possibility of compatibility between sea space requirements for ORE and other interests; strongly believes that involving renewables developerscivil society, local communities and the scientific community early on in the process will contribute to the successful protection of the maritime environment and allocation of sea space;
Amendment 244 #
2021/2012(INI)
Motion for a resolution
Paragraph 14 c (new)
Paragraph 14 c (new)
14 c. Believes that, as a first principle, renewable energy developments should not be placed within Marine Protected Areas and other ecologically valuable areas for sensitive species and habitats; stresses that in particular, they must not be allowed in EU strictly protected areas designated as such under the EU Biodiversity Strategy;
Amendment 246 #
2021/2012(INI)
Motion for a resolution
Paragraph 14 d (new)
Paragraph 14 d (new)
14 d. Calls for grid networks to avoid Marine Protected Areas, as a first principle and to completely avoid passing through strictly protected areas; calls for grid connections that are bound to lie within MPAs, to have reduced environmental impacts as much as possible and favour the least impactful routes;
Amendment 248 #
2021/2012(INI)
Motion for a resolution
Paragraph 14 e (new)
Paragraph 14 e (new)
14 e. Recalls that offshore renewable energy projects also have socio-economic impacts, which must be assessed before the implementation of a project, with an integrated management approach via marine spatial planning; therefore stresses the need for transparent and meaningful involvement of coastal communities and other stakeholders in projects; highlights that this is also crucial in preventing and remediating conflicts with other sea space users and uses;
Amendment 4 #
2021/2011(INI)
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
— having regard to its resolution of 10 march 2021 on recommendations to the Commission on corporate due diligence and corporate accountability,
Amendment 5 #
2021/2011(INI)
Motion for a resolution
Citation 10 b (new)
Citation 10 b (new)
— having regard to the UN Guiding Principles on business and human rights,
Amendment 6 #
2021/2011(INI)
Motion for a resolution
Citation 10 c (new)
Citation 10 c (new)
— having regard to the OECD Due Diligence Guidance for Responsible Business Conduct (RBC),
Amendment 7 #
2021/2011(INI)
Motion for a resolution
Citation 10 d (new)
Citation 10 d (new)
— having regard to the 2009 UN Environment programme Guidelines for Social Life Cycle Assessment of Products1a, _________________ 1a https://wedocs.unep.org/handle/20.500.11 822/7912
Amendment 11 #
2021/2011(INI)
Motion for a resolution
Citation 22 a (new)
Citation 22 a (new)
— having regard to the IEA special report of 07 May 2021 “ The Role of Critical Minerals in Clean Energy Transitions”,
Amendment 12 #
2021/2011(INI)
Motion for a resolution
Citation 22 b (new)
Citation 22 b (new)
— having regard to the European Environment Agency January 2021 report on growth1a, _________________ 1a https://www.eea.europa.eu/themes/sustain ability-transitions/drivers-of- change/growth-without-economic-growth
Amendment 18 #
2021/2011(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the extractive industry also brings negative externalities on the upstream sector to be taken into account and prevented ; whereas mining activities produce air emissions that affect air quality, can also lead to large-scale soil and water contamination and contribute significantly to deforestation and loss of biodiversity; whereas mining activities are also exposing workers to harmful and hazardous conditions; whereas labour rights and protection varies greatly across the globe and different mining sites;
Amendment 20 #
2021/2011(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas, as pointed in the opinion of the European Economic and Social Committee,” there are extremely few examples of raw material exports in developing countries triggering sustainable economic and social development from which broad sections of the population would have benefited. Rather, the situation often entails social exploitation and environmental pollution with usually only a few profiteers on the winning side”;
Amendment 21 #
2021/2011(INI)
Motion for a resolution
Recital A c (new)
Recital A c (new)
Ac. whereas, according to several scientific studies, approximately 10% of the world's primary energy was devoted to extracting, transporting and refining metal resources in all sectors; whereas the relative share of the world's primary energy devoted to metals is expected to increase by 40% by 2030; whereas the mining sector is responsible for 2% of current global emissions ;
Amendment 22 #
2021/2011(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the growing populationdemand for smart devices, especially IoT, as well as technologies for renewables and the transition towards digital, highly energy- efficient and climate-neutral economies lead in all scenarios to a significant higher demand for CRMs6 ; whereas this scenarios are all based on an unstainable growth model for the planet and humankind, based on supply-side, instead of along-term. public-led planification based foremost on the demand ; whereas digitalisation should also be an opportunity to reduce human exposure to harmful and hazardous conditions and help to create more quality and decent jobs; _________________ 6 World Bank, Commission Foresight Study, OECD.
Amendment 29 #
2021/2011(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas according to the United Nations University, in 2016, the total value of secondary raw materials in waste electrical and electronic equipment (WEEE) was estimated to be around EUR 55 billion1a ; _________________ 1a https://collections.unu.edu/eserv/UNU:78 19/GEM_2020_French_final_pages.pdf
Amendment 30 #
2021/2011(INI)
Motion for a resolution
Recital B c (new)
Recital B c (new)
Bc. whereas, according to the same study, up to 90% of the world's e-waste has been illegally traded or landfilled1a; _________________ 1a https://collections.unu.edu/eserv/UNU:78 19/GEM_2020_French_final_pages.pdf
Amendment 31 #
2021/2011(INI)
Motion for a resolution
Recital B d (new)
Recital B d (new)
Bd. whereas 352,474 metric tonnes of e-waste are exported each year from EU countries to countries in the South where social, health and safety regulations are less stringent than in the EU;
Amendment 37 #
2021/2011(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas under a high demand scenario, the EU would need 18 times more lithium by 2030 and 60 times more by2050; whereas the mining needed for this development is water-intensive, which may compete with the needs of local populations, especially in water-stressed regions1a ; _________________ 1ahttps://eur-lex.europa.eu/legal- content/FR/TXT/HTML/?uri=CELEX:52 020DC0493&from=FR#footnote87
Amendment 41 #
2021/2011(INI)
Motion for a resolution
Recital C d (new)
Recital C d (new)
Cd. whereas, in the frame of twin transition, there is a serious risk of misuse of EU funds by merely speculative companies and projects, without real effect on economy and territories ;
Amendment 42 #
2021/2011(INI)
Motion for a resolution
Recital D
Recital D
D. whereas with current growth and capitalist model, it is evident that new sourcing is required and that the potential of sourcing at high sustainable standards by the EU and its neighbourhood should be carefully and quickly exploitedexploited; whereas, as the amount of metals available on Earth is limited, other options such as recycling, should be promoted in order to change and reduce our over whole consumption and production model ;
Amendment 54 #
2021/2011(INI)
Motion for a resolution
Subheading 1
Subheading 1
Challenges and opportunities for a responsible, sustainable and long-term public planning of the demand
Amendment 56 #
2021/2011(INI)
Calls on the Commission and the Member States to plan for the adoption of binding medium and long-term European targets, based on scientific knowledge, for the reduction of the use of primary raw materials and the impact on the environment, the transition to an economic system compatible with the new global limits ;
Amendment 89 #
2021/2011(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to pay attention not only to CRMs but also to the potential criticality of other raw materials needed for the twin transition; calls on the Commission to consider also aspects of thermodinamical rarity, that is, to take into account natural mineral scarcity as well as energy cost of extraction and refining1a ; _________________ 1a https://www.researchgate.net/publication/ 317771645_The_Thermodynamic_Rarity_ Concept_for_the_Evaluation_of_Mineral _Resources
Amendment 123 #
2021/2011(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Insists on a public leadership of the ERMA, with all territories concerned, trade unions, NGOs, academics and scientists at its core ; further insists on promoting comprehensive social dialogue mechanisms within ERMA emphasising the employment potential in domestic extractive industries while ensuring the highest environmental standards and good working conditions;
Amendment 127 #
2021/2011(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Calls the Commission and Member States to evaluate very carefully every proposal for exploitation of CRM, to ensure the best economic and social value for the territories concerned ;
Amendment 130 #
2021/2011(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Regrets that the creation of strategic stockpiling is not yet part of the action plan in a coordinated and public-led approach between Member States;
Amendment 133 #
2021/2011(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Stresses the need for closer partnerships between CRM actors, especially mining regions, and downstream users and the common awareness and commitment to sustainable value chains;
Amendment 143 #
2021/2011(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Calls for the harmonisation of the definition of waste in the EU and to step- up efforts in the field of market surveillance in order to prevent illegal exports of e-waste;
Amendment 161 #
2021/2011(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes the proposal to map the potential supply of secondary CRMs from EU stocks and waste; encourages the Commission to make this mapping exercise a priority and carry it out earlier than envisaged, by the end of 2021;
Amendment 164 #
2021/2011(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Notes the importance of waste recycling considering the high presence of CRM in electrical or electronic equipment ; notes that the increase in recycled volumes is not sufficient in the long term to reduce mining if our growth model remains unchanged; further notes that by moving towards a more circular economy700,000 jobs1a could be created, especially through additional labour demand from recycling plants, repair services and rebounds in consumer demand from savings generated through collaborative action; notes that industrial CRM recycling processes still need massive investment in the collection and recovery infrastructure, in innovation and scaling of technologies, and in skills, while providing job opportunities; , training and labour protection ; recommends in all circular economy plans to have a waste hierarchy, in which waste prevention is the first priority, before maximising the potential of recycling; _________________ 1a https://circulareconomy.europa.eu/platfor m/sites/default/files/ec_2018_- _impacts_of_circular_economy_policies_ on_the_labour_market.pdf
Amendment 174 #
2021/2011(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Commission to step up efforts to ensure the proper collection of end-of-life products with CRMs instead of having them stockpiled in households or discarded by landfill disposal or incineration; calls on the Commission in the framework of the revision of the eco- design directive, to promote ecoconception and renewable materials and foremost, introduce binding product design standards to ensure easy separation of components when dismantling end-of-life products ;further recommends to ban planned obsolescence and place a responsibility on manufacturers for product support over longer periods of time; underlines the necessity to clarify liability in case of repair or of upgrade between the original manufacturer and the organisation that repaired or upgraded the product;
Amendment 189 #
2021/2011(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Calls on Member States to ensure the protection of workers in this sector, with appropriate personal protective equipment, considering that the repair and recycling of electronic products potentially exposes workers to toxic materials;
Amendment 192 #
2021/2011(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Highlights that sourcing in the EU ismust be subject to the highest environmental and social standards worldwide, provides thousands of highly qualified jobs and is an indispensable prerequisite of the green and digital transition; calls therefore on all actors to help build public acceptanceparticipation for responsible CRM sourcing projects in the EU; calls on the EU and the Member States to ensure strong social and environmental legal safeguards, including free prior and informed consent of all local communities, as well as effective redress mechanisms governed by independent bodies and oversight bodies free from conflicts of interest ;
Amendment 198 #
2021/2011(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Demands that mining be prohibited in nature conservation areas, and in all categories of protected areas, in accordance with the international recommendations of the International Union for Conservation of Nature (IUCN); stresses in particular the importance of preserving the seabed and water bodies, as defined by water framework directive;
Amendment 200 #
2021/2011(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Underlines that mining of CRM should never be an imperative reason of overriding public interest, including those of a social or economic nature, in particular in the frame of Article 6.4 of Directive2009/147/EC of the European Parliament and of the Council of 30 November 2009on the conservation of wild birds and Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora ;
Amendment 205 #
2021/2011(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Underlines the importance of maintaining and further developing expertise and skills in mining and processing technologies in the EU; insists on investments on training of workers through the Just Transition Mechanism as mining skills can be transferred to metal and minerals exploitation, possibly in the same regions ;
Amendment 213 #
2021/2011(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on the Member States to improve the timeliness, predictability and transparency of the authorisation processes for sourcing projects; calls on the EU and the Member States to ensure strong social and environmental legal safeguards, including free prior and informed consent of all local communities, as well as effective redress mechanisms governed by independent bodies and oversight bodies free from conflicts of interest ;
Amendment 231 #
2021/2011(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Urges the Commission to systematicacarefully and strategically build new CRM partnerships, taking into account sovereignty of third countries over their resources so as to ensure that CRM become a source of welfare for developing countries and make this endeavour a horizontal task of its external and internal policies and to present the results in 2021;
Amendment 234 #
2021/2011(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Welcomes the EU’s commitment to responsible and sustainable sourcing; stresses the need to underpin this commitment with concrete technical support, institution building and political dialogue with partner countries; stresses the need to mobilise more state and private actors to also subscribe to and implement sustainability standards, according to 2030 Agenda for Sustainable Development; regrets that the European Commission has postponed its proposition of a mandatory corporate due diligence legislation; insists that the European Union must urgently adopt across- sectoral legislation requiring corporations to respect all human rights and the environment throughout their entire value chains and ensure victims' access to justice; stresses once again that this legislation must provide for strict sanctions for companies, including fines comparable to those provided for by competition law, and civil liability to allow victims to access reparation; recalls its resolution of 10 March 2021 containing recommendations to the Commission on due diligence and corporate responsibility;
Amendment 240 #
2021/2011(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls for enhanced cooperation to develop international agreements for better monitoring, notification and implementation of CRM export restrictions promoting responsible sourcing and increasing circularity in this sector; supports the adoption of a legally binding treaty to regulate in international law the activities of transnational corporations and other business enterprises; urges the European Union to adopt a mandate and engage in the negotiations of the UN Open-Ended Intergovernmental Working Group to that end;
Amendment 246 #
2021/2011(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Reiterates its call in its resolution of 25 March 2021 on a new EU-Africa Strategy – a partnership for sustainable and inclusive development8 for fair and sustainable exploitation of CRMs in Africa, which account for 49 % of EU imports from Africa, and supports the Commission in its endeavours to conclude new CRM partnerships with Africanreminds that any new CRM partnerships between EU and African countries should follow the strictest principles of due diligence, and to create opportunities for development in those countries; ; _________________ 8 Texts adopted, P9_TA(2021)0108.
Amendment 177 #
2021/0414(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Principle No 5 of the European Pillar of Social Rights, proclaimed at Gothenburg on 17 November 201753, provides that, regardless of the type and duration of the employment relationship, workers have the right to fair and equal treatment regarding working conditions, access to social protection and training; that, in accordance with legislation and collective agreements, the necessary flexibility for employers to adapt swiftly to changes in the economic context is to be ensured; and that innovative forms of work that ensure quality working conditions are to be fostered, that entrepreneurship and self-employment are to be encouraged and that occupational mobility is to be facilitated, and advocates preventing employment relationships that lead to precarious working conditions, including by prohibiting the abuse of atypical contracts. The Porto Social Summit of May 2021 welcomed the Action Plan accompanying the Social Pillar as guidance for its implementation. __________________ 53 Interinstitutional Proclamation on the European Pillar of Social Rights (OJ C 428, 13.12.2017, p. 10). 54 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, ‘The European Pillar of Social Rights Action Plan’, COM(2021) 102 final, 4.3.2021.
Amendment 183 #
2021/0414(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) Principle 7 of the European Pillar of Social Rights, proclaimed at Gothenburg on 17 November 2017, provides that workers have the right to be informed in writing at the start of employment about their rights and obligations resulting from the employment relationship, including any probationary period, and that they are entitled to be informed of the reasons for their dismissal prior to it happening and given a reasonable notice period and, lastly, that they have the right to access to effective and impartial dispute resolution and, in case of unjustified dismissal, a right to redress, including adequate compensation.
Amendment 187 #
2021/0414(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Digitalisation is changing the world of work, improving productivity and enhancing flexibility, whether desired or not, while also carrying some risks for employment and working conditions, health and safety in the workplace, the protection of the fundamental right to privacy, tax law, and labour law in general. Algorithm-based technologies, including automated and semi-automated monitoring and decision-making systems, have enabled the emergence and growth of digital labour platforms. However, the architecture or the configuration of the business model of digital labour platforms has adverse effects on workers and often gives rise to poor working conditions, the circumvention of labour law, greater casualisation of labour and worker exploitation.
Amendment 195 #
2021/0414(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Platform work is performed by individuals through theusing a digital infrastructure ofthat enables digital labour platforms thato provide a service to their customers. By means of the algorithms, the digital labour platforms may controlsupervise, organise, control and impose penalties for, to a lesser or greater extent – depending on their business model – the performance of the work, its remuneration and the relationship between their customers and the persons performing the work and sometimes the workers themselves. Platform work can be performed exclusively online through electronic tools (‘online platform work’) or in a hybrid way combining an online communication process with a subsequent activity in the physical world (‘on-location platform work’). Many of the existing digital labour platforms are international business actors deploying their activities and business models in several Member States or across borders without, however, complying with the labour and/or tax law rules in each Member State.
Amendment 206 #
2021/0414(COD)
Proposal for a directive
Recital 6
Recital 6
(6) Platform work can provide opportunities for accessing the labour market more easily, gaining additional income through a secondary activity or enjoying some flexibility in the organisation of working time. At the same time, platform working brings challenges, as it candigital platforms do not comply with EU and national legislation and fraudulently oblige their workers to work with self-employed status, circumventing labour law, seeking to blur the boundaries betweenof the employment relationship and self- employed activity, andenabling employers to shirk their responsibilities of employers andtowards workers. Misclassification of the employment status has serious consequences for the persons affected, as it is likely to restricts access to existing labour and social rights. It also leads tohas ramifications for all workers, since platform working in its current form undermines and, in the long term, unravels all social protections and labour law. It also leads to worker exploitation, unfair competition, social dumping and an uneven playing field with respect to businesses that classify their workers correctly, and it has implications for Member States’ industrial relations systems, their tax base and the coverage and sustainability of their social protection systems. While such challenges are broader than platform work, they are particularly acute and pressing in the platform economy.
Amendment 229 #
2021/0414(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Court cases in several Member States have shown the persistence of misclassification of the employment status in certain types of platform work, in particular in sectors where digital labour platforms exert a certain degree of control or oversight over the remuneration and performance of work. While digital labour platforms frequently classify persons working through them as self-employed or ‘independent contractors’, many courts have found that the platforms exercise de facto direction and control over those persons, often integrating them in their main business activities and unilaterally determining the level of remuneration. Those courts have therefore reclassified purportedly self-employed persons as workers employed by the platforms. However, national case law has resulted in diverse outcomes and digital labour platforms have adapted their business model in various ways, thus increasing the lack of legal certainty over the employment status.
Amendment 235 #
2021/0414(COD)
Proposal for a directive
Recital 8
Recital 8
(8) Automated monitoring and decision-making systems powered by algorithms increasingly replace functions that managers usually perform in businesses, such as allocating tasks, setting pay levels and working hours, giving instructions, evaluating the work performed, providing incentives or imposing sanctions. Digital labour platforms use such algorithmic systems as a standard way of organising and managing platform work through their infrastructure. Persons performing platform work subject to such algorithmic management often lack information on how the algorithms work, which personal data are being used and how their behaviour affects decisions taken by automated systems. Workers’ representatives and labour inspectorates do not have access to this information either. Moreover, persons performing platform work and workers whose organisation of work or working conditions are subject to automated or semi-automated monitoring and decision-making systems often do not know the reasons for decisions taken or supported by automated systems and lack the possibility to discuss those decisions with a contact person or to contest them. Persons performing platform work and their representatives are also deprived of the opportunity to discuss, negotiate and review the algorithmic systems that nonetheless directly impinge on their working conditions, whereas working conditions normally a matter for negotiation between the employers and representative trade unions within the company.
Amendment 252 #
2021/0414(COD)
Proposal for a directive
Recital 10
Recital 10
(10) A body of legal instruments provides for minimum standards in working conditions and labour rights across the Union. This includes in particular Directive (EU) 2019/1152 of the European Parliament and of the Council on transparent and predictable working conditions55, Directive 2003/88/EC of the European Parliament and of the Council on working time56, Directive 2008/104/EC of the European Parliament and of the Council on temporary agency work57 , the Court of Justice of the EU ruling (Judgment of the Court of 21 February 2018 in case C-518/15 – Ville de Nivelles v Rudy Matzak ECLI:EU:C:2018:82; confirmed and elaborated upon in the judgments of 9 March 2021 in case C- 580/19 – RJ v Stadt Offenbach am Main, ECLI:EU:C:2021:183; and 9 March 2021 in case C-344/19 – D.J. v Radiotelevizija Slovenija, ECLI:EU:C:2021:182, which found that ‘waiting time’ significantly curtails opportunities to carry out other activities and must be regarded as working time, and other specific instruments on aspects such as health and safety at work, pregnant workers, work-life balance, fixed-term work, part-time work, posting of workers, information and consultation of workers, among others. While those instruments provide a level of protection to workers, they do not apply to the genuine self- employed. Other legal instruments to be considered are the Collective Redundancies Directive (98/59/EC) and the Transfer of Undertakings Directive (2001/23/EC). __________________ 55 Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union (OJ L 186, 11.7.2019, p. 105). 56 Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ L 299, 18.11.2003, p. 9). 57 Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency work (OJ L 327, 5.12.2008, p. 9).
Amendment 265 #
2021/0414(COD)
Proposal for a directive
Recital 13
Recital 13
(13) While existing or proposed Union legal acts provide for certain general safeguards, challenges in platform work require some further specific measures. In order to adequately frame the development of platform work in a sustainable manner, it is necessary for the Union to set new minimum standards in working conditions to address the challenges arising from platform work and to protect workers’ fundamental rights. Persons performing platform work in the Union should be provided with a number of minimum rights aiming at ensuringare deemed to be employees and should enjoy the rights deriving from this status, as well as fair working conditions with a view to respecting the correct determination of their employment status, at promotensuring transparency, fairness and accountability in algorithmic management, particularly in respect of health and safety, and at improving transparency in platform work, including in cross-border situations. This should be done with a view to improvguaranteeing legal certainty, creating a level playing field between digital labour platforms and offline providers of services and supporting the sustainable growth of digital labour platforms in the Union.
Amendment 271 #
2021/0414(COD)
Proposal for a directive
Recital 15
Recital 15
Amendment 275 #
2021/0414(COD)
Proposal for a directive
Recital 16
Recital 16
(16) This Directive shouldall apply to persons performing platform work in the Union who have, or who based on an assessment of facts may be deemed to have, an employment contract or employment relationship as defined by the law, collective agreements or practice in force in the Member States, with consideration to the case-law of the Court of Justice of the European Union. This should include situations where the employment status of the person performing platform work is not clear, so as to allow correct determination of that statusare subject to automated or semi-automated monitoring and decision- making systems and are therefore salaried workers, unless a successful rebuttal of the legal presumption of a salaried employment relationship proves that they are genuinely self-employed. The provisions on algorithmic management which are related to the processing of personal data should also apply to genuine self-employed and other persons performing platform work in the Union who do not have an employment relationship.
Amendment 282 #
2021/0414(COD)
Proposal for a directive
Recital 17
Recital 17
(17) This Directive should apply to all digital labour platforms, irrespective of their place of establishment and irrespective of the law otherwise applicable, provided that the platform work organised throughvia that digital labour platform is performed in the Union. A targeted set of mandatory rules should be established at Union level to ensure minimum rights on working conditions in platform work.
Amendment 288 #
2021/0414(COD)
Proposal for a directive
Recital 18
Recital 18
(18) Digital labour platforms differ from other online platforms in that they organise work performed by individuals at the request, one-off or repeated, of the recipient of a service provided by the platform. Organising work performed by individuals should imply at a minimum a significant role in matching the demand for the service with the supply of labour by an individual who has a contractual relationship with the digital labour platform and who is available to perform a specific task, and can include other activities such as processing payments. Online platforms which do not organise the work performed by individuals but merely provide the means by which service providers can reach the end-user, for instance by advertising offers or requests for services or aggregating and displaying available service providers in a specific area, without any further involvement, should not be considered a digital labour platform. The definition of digital labour platforms should not include providers of a service whose primary purpose is to exploit or share assets, such as short-term rental of accommodation. It, which should be limited to providers of a service for which the organisation of work performed by the individual, such as transport of persons or goods or cleaning, constitutes a necessary and essential and not merely a minor and purely ancillary componentcovered by another directive to prevent, inter alia, property speculation.
Amendment 295 #
2021/0414(COD)
Proposal for a directive
Recital 18 a (new)
Recital 18 a (new)
(18a) The frequent misclassification of persons performing platform work, together with the lack of a common workplace where platform workers can get to know and communicate with each other and organise themselves, including for the purpose of defending their interests against the employer, make the phenomenon of company trade unions or workers’ representatives that are established or controlled by the employer itself in the interests of the employer rather than those of the workers, particularly serious in platform work. Such company trade unions or workers’ representatives are contrary to Article 2 of International Labour Organization (ILO) Convention No 98 and to Directive 2002/14/EC of the European Parliament and of the Council1a and the Member States should ensure that direct or indirect financial or constituent links with the employer are forbidden. When establishing or implementing practical arrangements for information, consultation, negotiation and social dialogue, employers and the workers’ representatives should work in a spirit of cooperation and with due regard for their reciprocal rights and undertake collective work to improve working conditions and workers' rights. Digital labour platforms shall ensure, together with trade unions, that elections for workers’ representatives comply with fundamental rights and freedoms and are in line with applicable national law and practices. They shall ensure that these elections aim to represent workers and make their voice heard within the labour platform and that these elections are not used as a pretext for actually defending the interests of the platforms, notably by helping them circumvent labour law. These elections should enable workers to freely choose the issues to be discussed in negotiation meetings, their status for instance.
Amendment 303 #
2021/0414(COD)
Proposal for a directive
Recital 19
Recital 19
(19) A worker is either a salaried worker or a self-employed worker. The creation of a third status, allowing the digital platform to benefit from the advantages of the status of employer, without assuming the responsibilities that accompany it, is in no way justified and should not be a possibility that arises from this directive. Indeed, working via a digital platform using an algorithm that organises and distributes work, sets rates or sanctions workers is not an innovation in the field of work but merely reproduces the framework and role of the employer in the digital realm. Thus, digital work platforms must apply labour law and the collective agreements in the applicable sectors in the same way as all the companies concerned. To combat false self-employment in platform work and to facilitate the correct determination of the employment status, Member States should have appropriate procedures in placeintroduce a general legal presumption of a rebuttable employment relationship and a reversal of the burden of proof to prevent and address misclassification of the employment status of persons performing platform work. The aim of those procedures should be to ensure salaried employment status applies and to ascertain the existencnature of anthe employment relationship as defined by national law, collective agreements or practice with consideration to the case-law of the Court of Justice, and, where such in the event the platform or an employee makes a rebuttal. Where a self-employed employment relationship exists, to ensure full compliance with Union law applicable to workers as well as national labour law, collective agreements and social protection rules. Where self- employment or anself-employed workers or workers with intermediate employment status – as defined at national level – is the correct employment status,must be ensured and the rights and obligations pursuant to that status should apply.
Amendment 306 #
2021/0414(COD)
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
(19a) The establishment of a general legal presumption of a salaried employment relationship is intended to ensure that workers performing work via a platform are properly classified as employees. With a view to affording the correct status to platform workers and enforcing labour law as soon as possible, Member States must apply the legal presumption as soon as this Directive enters into force as set out in Article 5, so that all workers enjoy from the correct status and the associated rights, at the latest on the first day of the entry into force of the legislative provisions.
Amendment 309 #
2021/0414(COD)
Proposal for a directive
Recital 20
Recital 20
(20) In its case law, the Court of Justice has established criteria for determining the status of a worker62. The interpretation by the Court of Justice of those criteria should be taken into account in the implementation of this Directive. The abuse of the status of self-employed persons, as defined in national law, either at national level or in cross-border situations, is a form of falsely declared work that is frequently associated with undeclared work. False self- employment occurs when a person is declared to be self- employed while fulfilling the conditions characteristic of an employment relationship, in order to avoid certain legal or fiscal obligations and gives rise to a situation of unfair competition in respect of law-abiding companies. A company using bogus self-employed workers must be punished. __________________ 62 Judgments of the Court of Justice of 3 July 1986, Deborah Lawrie-Blum v Land Baden-Württemberg, C-66/85, ECLI:EU:C:1986:284; 14 October 2010, Union Syndicale Solidaires Isère v Premier ministre and Others, C-428/09, ECLI:EU:C:2010:612; 4 December 2014, FNV Kunsten Informatie en Media v Staat der Nederlanden, C-413/13, ECLI:EU:C:2014:2411; 9 July 2015, Ender Balkaya v Kiesel Abbruch- und Recycling Technik GmbH, C-229/14, ECLI:EU:C:2015:455; 17 November 2016, Betriebsrat der Ruhrlandklinik gGmbH v Ruhrlandklinik gGmbH, C-216/15, ECLI:EU:C:2016:883; 16 July 2020, UX v Governo della Repubblica italiana, C- 658/18, ECLI:EU:C:2020:572; and order of the Court of Justice of 22 April 2020, B v Yodel Delivery Network Ltd, C-692/19, ECLI:EU:C:2020:288.
Amendment 314 #
2021/0414(COD)
Proposal for a directive
Recital 22
Recital 22
(22) Where the existence of an employment relationship is established based on facts, the party acting as employer should be clearly identified and that party should fulfil all the obligations relating to employment law and criminal liability resulting from its role as employer.
Amendment 315 #
2021/0414(COD)
Proposal for a directive
Recital 22 a (new)
Recital 22 a (new)
(22a) Numerous human and labour rights abuses have been observed in the value chains of platforms. These abuses occur, for example, when platforms use bogus self-employed workers, abusive subcontracting schemes, wage portage, allow account leasing or take advantage of situations of undeclared labour, including work carried out by minors or undocumented workers. Given these serious and proven risks, platforms must be recognised as a high-impact sector as defined in the proposal for a directive on corporate sustainability due diligence (COM/2022/71). The imposition of the requirement for European due diligence on certain platforms must ultimately go hand-in-hand with the adoption of sector- specific rules on due diligence for platforms so as to extend the scope and content of due diligence to cover to the specific nature of the sector and to guarantee compliance with labour law, uphold fundamental rights and ensure the health and safety at work of platform workers.
Amendment 320 #
2021/0414(COD)
Proposal for a directive
Recital 23
Recital 23
(23) Ensuring correct determination of the employment status should not prevent the improvement of working conditions of genuine self-employed persons performing platform work. Where a digital labour platform decides – on a purely voluntary basis or in agreement with the persons concerned – to pay for social protection, accident insurance or other forms of insurance, training measures or similar benefits to self-employed persons working through that platform, those benefits as such should not be regarded as determining elements indicating the existence of an employment relationship.
Amendment 332 #
2021/0414(COD)
Proposal for a directive
Recital 24
Recital 24
(24) When digital labour platforms control certain elements of the performance of work, they act like employers in an employment relationship. Direction and control, or legal s since this is a sign that the activity performed by the worker is fully integrated into the platform's business. Subordination, i constitutes an essential element of the definition of an employment relationship in the Member States and in the case-law of the Court of Justice. Therefore contractual relationships in which digital labour platforms exert a certain level of control over certain elements of the performance of work should be deemed, by virtue of a legal presumption, to be anfall under the scope of a salaried employment relationship between the platform and the person performing platform work through it. As a result, that person should be classified as a worker having all the rights andis as a worker who should enjoy all the rights and be subject to all the obligations in accordance with that status, as laid down in national and Union law, and collective agreements and practice. The legal presumption should apply in all relevant administrative and legal proceedings andof salaried employment should benefit the person performing platform work. Authorities in charge of verifying the compliance with or enforcing relevant legislation, such as labour inspectorates, social protection bodies or tax authorities, should also be able to rely on that presumption. Member States should put in place a national framework to reduce litigation and increase legal certaintyproactively apply that presumption.
Amendment 345 #
2021/0414(COD)
Proposal for a directive
Recital 25
Recital 25
(25) Criteria infor the existence of subordicnating that a digital labour platform controls the performance of work should be included in the Directive in order to make the legal presumption operational and facilitate the enforcement of workers’ rights. Those criteria should be inspired by Union and national case law and take into account national concepts of the employment relationship. The criteria should include concreteon, which is a defining aspect of the employment relationship and distinguishes the employment contract from other contracts, should be included in the Directive. Those elements are inspired by Union and national case law as well as by the ILO’s Employment Relationship Recommendation, 2006 (No 198) and take into account national concepts of the employment relationship. These concrete elements indicate that the digital work platform supervises or exercises control over the performance of the work, further elements showing that the digital labourwork platform, for instance, determines in practice and not merely recommends the working conditions or the remuneration, or both, or provides the worker with periodic remuneration; gives instructions on how the work is to be performed or prevents the person performing platform work from developing business contacts with potential clients. In order for it to be effective in practice, two criteria should be always fulfilled to trigger the application of the presumption,. At the same time, the criteria should not cover situations where; supervises the performance of work or verifies the quality of the work, including by electronic means, that leads to the final result; tracks or monitors the persons performing platform work are genuine self-employed. Genuine self- employed persons are themselves responsible vis-à-vis their customers for how they perform their work and the quality of their outputs. The freedom; enforces the performance through penalties, including restricting access to work, or uses customer rating systems as a tool of control and basis for penalties; relies on measures of performance and (mis)conduct as a basis for determining remuneration levels, working conditions and penalties; determines access to jobs through internal rankings; restricts the person’s freedom, including through penalties, to organise work, in particular the discretion to choose working hours or periods of absence, to accept or to refuse tasks, or to use subcontractors or substitutes or to work f; controls and or gany third party is characteristic of genuine self-employment. Therefore, de facto restricting such discretions by a number of conditions or through a system of sanctions, should also be considered as an element of controlling the performance of work. Closely supervising the performance of work or thoroughly verifying the quality of the results of that work, including through electronic means, which does not merely consist in using reviews or ratings by the recipients of the service, should also be considered as an element of controllingises the business activity linked to the platform work performed by individuals or detains the responsibility for related investment and management; provides the worker performing platform work with tools, digital means, materials or machinery that are necessary for the performance of the work. At the same time, digital labour platforms should be able to design their technical interfaces in a way to ensure good consumer experience. Measures or rules which are required by law or which are necessary to safeguard the health and safety of the recipients of the service should not be understood as; provides the worker with any kind of support for social protection, accident insurance, pension scheme or other forms of insurance, training measures or similar benefits. That list is not exhaustive and any other relevant concrete element can indicate that digital labour platform supervises or exert some controlling over the performance of work.
Amendment 351 #
2021/0414(COD)
Proposal for a directive
Recital 26
Recital 26
(26) Effective implementation of the legal presumption through appropriate measures, such as bringing proceedings to rebut the presumption of salaried employment, disseminating information to the public, developing guidance and strengthening controls and field inspections is essential to ensure legal certainty and transparency for all parties involved. These measures should take into account the specific situation of start-ups to support the entrepreneurial potential and the conditions for the sustainable growth of digital labour platforms in the Union.
Amendment 361 #
2021/0414(COD)
Proposal for a directive
Recital 27
Recital 27
Amendment 373 #
2021/0414(COD)
Proposal for a directive
Recital 28
Recital 28
(28) The relationship between a person performing platform work and a digital labour platform may not meet the requirements of an employment relationship in accordance with the definition laid down in the law, collective agreements or practice in force of the respective Member State with consideration to the case-law of the Court of Justice, even though the digital labour platform controls the performance of work on a given aspect. Member States should ensure the possibility to rebut the legal presumption in legal or administrative proceedings or both by proving by means of the facts of the case, on the basis of the aforementioned definition, that the relationship in question is not an employment relationship. The shift in the burden of proof to digital labour platforms is justified by the fact that they have a complete overview of all factual elements determining the relationship, in particular the algorithms through which they manage their operations. Platform workers may also contribute to the process by providing supporting information in their possession. Legal proceedings and administrative proceedings initiated by the digital labour platforms in order to rebut the legal presumption should not have a suspensive effect on the application of the legal presumption. A successful rebuttal of the presumption in administrative proceedings should not preclude the application of the presumption in subsequent judicial proceedings. When the person performing platform work who is the subject of the presumption seeks to rebut the legal presumption, the digital labour platform should be required to assist that person, notably by providing all relevant information held by the platform in respect of that person. Member States should provide the necessary guidance for procedures to rebut the legal presumption.
Amendment 378 #
2021/0414(COD)
Proposal for a directive
Recital 29
Recital 29
(29) While Regulation (EU) 2016/679 establishes the general framework for the protection of natural persons with regard to the processing of personal data, it is necessary to lay down rulesapply the framework to addressing the concerns that are specific in the processing of personal data in the context of platform work. This Directive also provides for more specific rules in the context of platform work, including to ensure the protection of the rights and freedoms in respect of the processing of employees' personal data within the meaning of Article 88 of Regulation (EU) 2016/679. In this context, terms relating to the protection of personal data in this Directive should be understood in light of the definitions set out in Regulation (EU) 2016/679.
Amendment 380 #
2021/0414(COD)
Proposal for a directive
Recital 30
Recital 30
(30) In addition to rights and obligations provided in this Directive, rights and obligations provided in Regulation (EU) 2016/679 continue to apply when personal data are processed. Articles 13, 14 and 15 of Regulation (EU) 2016/679 require data controllers to ensure transparency towards data subjects on the collection and processing of personal data. Moreover, Article 22(1) of Regulation (EU) 2016/679 provides for the data subjects’ right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her, subject to the exceptions provided for in paragraph 2 of that article. Those obligations apply also to digital labour platforms. Platform workers' representatives must, where necessary, have access to workers' personal data in accordance with Regulation (EU) 2016/679.
Amendment 384 #
2021/0414(COD)
Proposal for a directive
Recital 32
Recital 32
(32) Digital labour platforms should be subject to transparency obligations in relation to automated monitoring and decision-making systems that are used to monitor, supervise or evaluate the work performance through electronic means, or to monitor workers outside the performance of their work; and automated decision-making systems which are used to take or support decisions that significantly affect working conditions, including access of persons performing platform work to work assignments, their earnings, their occupational safety and health, their working time, their promotion and their contractual status, including the restriction, suspension or termination of their account. In addition to what is provided in Regulation (EU) 2016/679, information concerning such systems should also be provided where decisions are not solely based on automated processing, provided that they are supported by automated systems. It should also be specified which kind of information should be provided to persons performing platform work regarding such automated systems, as well as in which form and when it should be provided. The obligation of the controller under Articles 13, 14 and 15 of Regulation (EU) 2016/679 to provide the data subject with certain information in relation to the processing of personal data concerning the data subject as well as with access to such data should continue to apply in the context of platform work. Information on automated monitoring and decision-making systems should also be provided to representatives of persons performing platform work and to national labour authorities at their request, in order to enable them to exercise their functions.
Amendment 390 #
2021/0414(COD)
Proposal for a directive
Recital 32 a (new)
Recital 32 a (new)
Amendment 392 #
2021/0414(COD)
Proposal for a directive
Recital 32 b (new)
Recital 32 b (new)
(32b) Digital platform work, as defined in Article 2, is the most visible form of a wider and increasingly frequent trend towards the organisation of work in a manner subject to the use of automated or semi-automated algorithms which remain largely invisible to workers and their representatives and over which they often have little control, leading to a growing precarisation of work, as evidenced by the ever-increasing number of atypical workers. This Directive should therefore apply to all workers working via an automated or semi-automated system.
Amendment 396 #
2021/0414(COD)
Proposal for a directive
Recital 33
Recital 33
(33) Digital labour platforms and any other undertaking should not be required to disclose the detailed functioning of their automated or semi-automated monitoring and decision-making systems, includingas well as algorithms, or and other detailed data that contains commercial secrets or is protected by intellectual property rights. However, the result of those considerations should not be a refusal to provide all the information required by this Directiveinfluence the way work is organised and working conditions.
Amendment 400 #
2021/0414(COD)
Proposal for a directive
Recital 34
Recital 34
(34) Articles 5 and 6 of Regulation (EU) 2016/679 require that personal data are processed in a lawful, fair and transparent manner. Digital labour platforms should therefore not be allowed to process any personal data concerning persons performing platform work that are not intrinsically connected to and strictly necessary for the performance of the contract between those persons and the digital labour platform. Article 6(5) of this Directive provides for more specific rules in the context of platform work, including to ensure the protection of the rights and freedoms in respect of the processing of employees' personal data within the meaning of Article 88 of Regulation (EU) 2016/679. However, for the majority of data processed at work, the legal basis cannot and should not be employee consent, owing to the unbalanced nature of the employer-employee relationship, trade unions should play an important role in data governance to ensure that the rights laid down in Regulation (EU) 2016/679 are fully guaranteed in the employment relationship. Moreover, workers and workers’ representatives should have the right to access all data gathered, as well as to obtain the rectification or erasure of the data, to restrict the processing and to be notified about any rectification or erasure of personal data or restriction of processing carried out in accordance with Article 16, Article 17(1) and Article 18 of Regulation (EU) 2016/679.
Amendment 403 #
2021/0414(COD)
Proposal for a directive
Recital 35
Recital 35
(35) Digital labour platforms and an increasing number of other undertakings make extensive use of automated monitoring and decision-making systems in managing their human resources. Monitoring by electronic means can be intrusive and discriminatory and contrary to labour law, and decisions taken or supported by such systems directly affect the persons performing platform work, who might not have a direct contact with a human manager or supervisor. Digital labour platforms should therefore regularly monitoroversee and evaluate the impact of individual decisions taken or supported by automated monitoring and decision- making systems on working conditions. Digital labour platforms should ensure sufficient human resources for this purpose. The persons charged by the digital labour platform with the function of monitoroverseeing should have the necessary competence, training and authority to exercise that function and should be protected from dismissal, disciplinary measures or other adverse treatment for overriding automated decisions or suggestions for decisions. In addition to obligations under Article 22 of Regulation (EU) 2016/679, Article 7(1) and (3) of this Directive provides for distinct obligations of digital labour platforms in relation to human monitoring of the impact of individual decisions taken or supported by automated systems, which apply as specific rules in the context of platform work, including to ensure the protection of the rights and freedoms in respect of the processing of employees' personal data within the meaning of Article 88 of Regulation (EU) 2016/679.
Amendment 407 #
2021/0414(COD)
Proposal for a directive
Recital 37
Recital 37
(37) In that context, persons performing platform work should have the right to obtain an explanation from the digital labour platform for a decision, the lack of decision or a set of decisions taken or supported by automated systems that significantly affect their working conditions. For that purpose the digital labour platform should provide the possibility for them to discuss and clarify the facts, circumstances and reasons for such decisions with a human contact person at the digital labour platform. In addition, digital labour platforms should provide the person performing platform work with a written statement of reasons for any decision to restrict, suspend or terminate that person’s account, to refuse the remuneration for work performed by that person, or affecting his or her contractual status, as such decisions are likely to have significant negative effects on persons performing platform work, in particular their potential earnings. Where the explanation or reasons obtained are not satisfactory or where persons performing platform work consider they have been discriminated against or have had their rights infringed, they should also have the right to request the digital labour platform to review the decision and to obtain a substantiated reply within a reasonable period of time. Persons may receive support, assistance and advice from workers’ representatives if they wish, and can also assert their rights before a judicial or administrative authority. Where such decisions infringe those persons’ rights, such as labour rights or the right to non- discrimination, the digital labour platform should rectify such decisions without delay or, where that is not possible, provide adequatbe prosecuted and punished just like any other company, and the worker should be compensationed.
Amendment 414 #
2021/0414(COD)
Proposal for a directive
Recital 39
Recital 39
(39) Directive 2002/14/EC of the European Parliament and of the Council64 establishes a general framework for informing and consulting employees in the Union. The introduction of or substantial changes in the use of automated monitoring and decision-making systems by digital labour platforms have direct impacts on the work organisation and individual working conditions of platform workers. Additional measures are necessary to ensure that digital labour platforms inform and consult, consult and take into account the requests and remarks of platform workers or their representatives before such decisions are taken, at the appropriate level and, given the technical complexity of algorithmic management systems, with the assistance of an expert chosen by the platform workers or their representatives in a concerted manner where needed. __________________ 64 Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community (OJ L 80, 23.3.2002, p. 29).
Amendment 416 #
2021/0414(COD)
Proposal for a directive
Recital 39 a (new)
Recital 39 a (new)
Amendment 419 #
2021/0414(COD)
Proposal for a directive
Recital 40
Recital 40
(40) Persons who do not have an employment relationship constitute a significant part of the persons performing platform work. The impact of automated monitoring and decision-making systems used by digital labour platforms on their working conditions and their earning opportunities is similar to that on platform workers. Therefore, the rights in Articles 6, 7 and 8 of this Directive pertaining to the protection of natural persons in relation to the processing of personal data in the context of algorithmic management, namely those regarding transparency on automated monitoring and decision-making systems, restrictions to process or collect personal data, human monitoring and review of significant decisions, should also apply to persons in the Union performing platform work who do not have an employment contract or employment relationship. The rights pertaining to health and safety at work and information and consultation of platform workers or their representatives, which are specific to workers in view of Union law, should not apply to them. Regulation (EU) 2019/1150 provides safeguards regarding fairness and transparency for self-employed persons performing platform work, provided that they are considered business users within the meaning of that Regulation. Where such safeguards conflict with elements of specific rights and obligations laid down in this Directive, the specific provisions of Regulation (EU) 2019/1150 should prevail in respect of business users.
Amendment 425 #
2021/0414(COD)
Proposal for a directive
Recital 42
Recital 42
(42) Information on the number of persons performing platform work through digital labour platforms on a regular basis, their contractual or employment status and the general terms and conditions applicable to those contractual relationships is essential to support labour inspectorates, social protection bodies and other relevant authorities in correctly determining the employment status of persons performing platform work and in ensuring compliance with legal obligations as well as representatives of persons performing platform work in the exercise of their representative functions and should therefore be made accessible to them. Those authorities and representatives should also have the right to ask digital labour platforms for additional clarifications and details, such as basic data on working conditions regarding working time and remuneration. Digital work platforms should be listed in the applicable public business register, which should include relevant information on all digital work platforms operating in the country. This information should include, inter alia, the company’s number of workers, status and turnover.
Amendment 441 #
2021/0414(COD)
Proposal for a directive
Recital 45
Recital 45
(45) Platform work is characterised by the lack of a common workplace where workers can get to know each other and communicate with each other and with their representatives, also in view of defending their interests towards the employer. It is therefore necessary to create private and protected digital communication channels, in line with the digital labour platforms’ work organisation, where persons performing platform work can exchange with each other and be contacted by their representatives. Digital labour platforms should create such communication channels within their digital infrastructure or through similarly effective means, while respecting the protection of personal data and refraining from accessing, limiting or monitoring those communications.
Amendment 456 #
2021/0414(COD)
Proposal for a directive
Recital 51
Recital 51
(51) In implementing this Directive Member States should avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of micro, small and medium-sized enterprises. Member States shouldmay assess the impact of their transposition measures on start-ups and on small and medium-sized enterprises in order to ensure that they are not disproportionately affected, giving specific attention to micro-enterprises and to the administrative burden. Member States should also publish the results of such assessments.
Amendment 465 #
2021/0414(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. The purpose of this Directive is to improve the working conditions of persons performing platform work by ensuring correct determination of their employment status with a view to guaranteeing their rights, by promoting transparency, fairness and accountability in algorithmic management in platform work and by improving transparency in platform work, including in cross-border situations, while supporting the conditions for the sustainable growth of digital labour platforms in the Union.
Amendment 473 #
2021/0414(COD)
Proposal for a directive
Article 1 – paragraph 2 – subparagraph 1
Article 1 – paragraph 2 – subparagraph 1
In accordance with Article 10, rights laid down in this Directive pertaining to the protection of natural persons in relation to the processing of personal data in the context of algorithmic management also apply to every person performing platform work in the Union who does not have an employment contract oregardless of their employment relationshipstatus.
Amendment 478 #
2021/0414(COD)
Proposal for a directive
Article 1 – paragraph 3
Article 1 – paragraph 3
3. This Directive applies to digital labour platforms organising platform work performed in the Union, irrespective of their place of establishment and irrespective of the law otherwise applicableof the company or the customer. The digital work platform must comply with the applicable legislation in the country in which the service is provided.
Amendment 481 #
2021/0414(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – introductory part
Article 2 – paragraph 1 – point 1 – introductory part
(1) ‘digital labour platform’ means any natural or legal person providing a commercial service which meets all of the following requirements:s via a workforce which it organises by automated or semi- automated means and algorithms, with a view to the performance of the service it offers. Digital labour platforms exercise, by means of automated or semi-automated systems, the prerogatives of an employer and must therefore assume their responsibilities and comply with the obligations incumbent upon employers under national law.
Amendment 487 #
2021/0414(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point a
Article 2 – paragraph 1 – point 1 – point a
Amendment 490 #
2021/0414(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point b
Article 2 – paragraph 1 – point 1 – point b
Amendment 491 #
2021/0414(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point c
Article 2 – paragraph 1 – point 1 – point c
Amendment 498 #
2021/0414(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) ‘platform work’ means any work organisenabled through a digital labour platform and performed in the Union by an individual on the basis of a contractual relationship between the digital labour platform and the individual, irrespective of whether a contractual relationship exists between the individual and the recipient of the service;
Amendment 512 #
2021/0414(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) ‘“workers’ representatives’” means: (a) trade union representatives, namely, representatives designated or elected by trade unions or by members of such unions in accordance with national legislation and practice; (b) elected representatives, namely, representatives who are freely elected by the workers’ of the organisations or representatives provided for by national law or practices, or both; , not under the domination or control of the employer in accordance with provisions of national laws or collective agreements and whose functions do not include activities which are the exclusive prerogative or trade unions; (c) where (under national law and in practice) both trade union representatives and elected representatives are present in the same organisation, the appropriate measures shall be taken to ensure that the existence of elected representatives is not used to undermine the position of trade unions or their representatives and to ensure the exclusive prerogatives of trade unions are preserved, in particular the right to collective bargaining and to conclude a collective agreement and to have (digital) access to the workers; (d) workers’ right to choose to organise in a trade union and to collective bargaining must be upheld;
Amendment 526 #
2021/0414(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 6 a (new)
Article 2 – paragraph 1 – point 6 a (new)
(6a) ‘self-employed person working via a platform’ means any person providing services via the digital work platform in a manner that, on the basis of an assessment of the facts, meets all of the following criteria: (a) the person performs the work without supervision and without instruction from another party, both on the basis of the contract governing the work and in view of the facts; (b) the worker performs activities which are not part of the activities normally carried out by the employer’s company; (c) the person performing the work is normally engaged in a trade, profession or self-employed activity of the same nature as the work performed.
Amendment 527 #
2021/0414(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 6 b (new)
Article 2 – paragraph 1 – point 6 b (new)
(6b) ‘automated monitoring and decision-making systems’ means any system, software or process that makes use of computations to aid or replace management decisions or rules that impact the organisation of work or the opportunities, access, freedoms, rights and/or safety of workers.
Amendment 528 #
2021/0414(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 6 c (new)
Article 2 – paragraph 1 – point 6 c (new)
(6c) ‘undocumented third-country worker’ means a third-country national who performs work in the territory of a Member State and who does not fulfil or who no longer fulfils the conditions for legal presence or residence in that Member State.
Amendment 535 #
2021/0414(COD)
Proposal for a directive
Article 2 – paragraph 2
Article 2 – paragraph 2
2. The definition of digital labour platforms laid down in paragraph 1, point (1), shall not include providers of a service whose primary purpose is to exploit or share assets. It shall be limited to providers of a service for which the organisation of work performed by the individual constitutes not merely a minor and purely ancillary component.
Amendment 546 #
2021/0414(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall have appropriate procedures in place to verify and ensure the correct determination of the employment status of persons performing platform work, with a view to ascertaining the existence of an independent employment relationship as defined by the law, collective agreements or practice in force in the Member States with consideration to the case-law of the Court of Justice, and ensuring that they enjoy the rights deriving from Union law applicable to workers.
Amendment 550 #
2021/0414(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The determination of the existence of an employment relationship shall be guided primarily by the facts relating to the actual performance of work, taking into account the use of algorithms in the organisation of platform work, irrespective of how the relationship is classified in any contractual arrangement that may have been agreed between the parties involved and the will of the parties. WThere the existence party assuming the obligations of anthe employment relationship is established based on facts, ter shall be clearly identified in accordance with national legal systems. Member States may not adopt regression clauses liable to exempt digital work platforms from their responsibility as employers. The party assuming the employer’s obligations of the employer shall be clearly identified in accordance with national legal systemsmust therefore comply with its legal obligations under national law in respect of labour requirements (including sectoral obligations established by collective agreements), income tax, social security funding, health and safety responsibilities, due diligence and corporate social responsibility.
Amendment 575 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. The contractual relationship between a digital labour platform that controls, within the meaning of paragraph 2, the performance of work, and a person performing platform work through that platform shall be legally presumed to be an salaried employment relationship. To that effect, Member States shall establish a framework of measures, in accordance with their national legal and judicial systems. classifying workers performing work via a digital platform as employees with stable contracts1a, in accordance with their national legal and judicial systems. __________________ 1a https://www.ilo.org/public/french/bureau/ stat/class/icse.htm
Amendment 587 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
The legal presumption shall apply in all relevant administrative and legal proceedings. Competent authorities verifying compliance with or enforcing relevant legisfrom the entry into force of this Directive. Competent authorities and bodies registering administrative procedures, verifying compliance with or enforcing relevant legislation must be able to rely on that presumption. To that end, the procedure for platforms already operating within the Member States shall be as follows: (a) Member States shall provide and maintain a list of digital platforms operating on their territory; (b) The platform shall be informed that workers performing work on a digital platform are deemed to be salaried workers from the entry into force of this Directive. The transposition period will enable administrative and legal measures to be put in place to ensure compliance with this presumption or rebuttal of it before the authorities of the Member State in which the platform operates; (c) If a rebuttal of the legal presumption via a reversal of the burden of proof as provided for in Article 5 has not taken place or has not been upheld by the authorities responsible for enforcing the legislation, then the worker performing work via a digital platform must hold a stable employment contract at the latest on the day on which these legislative provisions enter into force in accordance with Article 21, without precluding digital platforms or Member States from implementing the legal presumption in advance. If a new platform is established: (a) Member States shall update the list of digital platforms operating on their territory; (b) The presumption of a salaried employment relationship shall be able to rely on that presumption. apply; (c) The platform may attempt to rebut the legal presumption via a reversal of the burden of proof, as provided for in Article 5. If the authorities responsible for enforcing the legislation uphold the rebuttal, then the platform’s workers must be self-employed. The platform may operate in the territory of the Member State in question, provided that it complies with the decision of these authorities; (d) Both the platform and the workers may lodge an appeal against the decision if they see fit.
Amendment 596 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 613 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
Amendment 622 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
Amendment 637 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
Amendment 642 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 2 – point d
Article 4 – paragraph 2 – point d
Amendment 652 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 2 – point e
Article 4 – paragraph 2 – point e
Amendment 666 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 3 – introductory part
Article 4 – paragraph 3 – introductory part
3. Member States shall take supporting measures to ensure the effective implementation of the legal presumption referred to in paragraph 1 while taking into account the impact on start-ups, avoiding capturing the genuine self-employed and supporting the sustainable growth of digital labour platforms. In particular they shall:
Amendment 679 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 3 – point b
Article 4 – paragraph 3 – point b
(b) develop guidance for digital labour platforms (including start-ups), persons performing platform work and social partners to understand and implement the legal presumption and how it works, including on the procedures for rebutting it by means of a reversal of the burden of proof in accordance with Article 5;
Amendment 686 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 3 – point b a (new)
Article 4 – paragraph 3 – point b a (new)
(ba) develop guidance and establish procedures for competent administrative authorities and institutions to proactively apply the legal presumption and refer cases to and share data and information with other relevant authorities in order to apply the legal presumption in the processing and registration of contractual relations and social security-related data;
Amendment 690 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 3 – point c
Article 4 – paragraph 3 – point c
(c) develop guidance forelines for competent national enforcement authorities to proactively targetidentify, target, pursue and pursuenish non-compliant digital labour platforms;
Amendment 700 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 3 – point d
Article 4 – paragraph 3 – point d
(d) strengthen the controls and field inspections conducted by labour inspectorates or the bodies responsible for the enforcement of labour law, while. To that end, Member States must ensuringe that such controls and inspections are proportionate and non- discriminatorlabour inspectors have the necessary means to carry out controls and inspections properly.
Amendment 709 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 3 – point d a (new)
Article 4 – paragraph 3 – point d a (new)
(da) ensure that each platform worker is registered with the labour inspectorate.
Amendment 720 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
4. With regard to contractuThe legal prelationships entered into before and still ongoing on the date set out in Article 21(1), the legal presumption referred to in paragraph 1 shall only apply to the period starting from that datesumption of a salaried employment relationship referred to in paragraph 1 shall apply immediately to the future effects of ongoing contracts.
Amendment 724 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4a. The legal presumption of salaried employment referred to in paragraph 1 shall, as a procedural rule, apply immediately to ongoing proceedings.
Amendment 734 #
2021/0414(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
Member States shall ensure the possibility for any of the parties to rebut the legal presumption of a salaried employment relationship referred to in Article 4 in legal or administrative proceedings or both.
Amendment 743 #
2021/0414(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
Where the digital labour platform argues that the contractuchallenges the legal prelationship in question is not an employment relationship as defined by the law, collective agreements or practice in force in the Member State in question, with consideration to the case-law of the Court of Justice, the burden of proof shall be on the digital labour platform. Suchsumption of a salaried employment relationship before a judge, it shall fall to the platform to substantiate its objection. Until the exhaustion of remedies, proceedings shall not have suspensivd the effect on the applications of the legal presumption.
Amendment 754 #
2021/0414(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
Where the person performing the platform work argues that the contractual relationship in question is not an employment relationship as defined by the law, collective agreements or practice in force in the Member State in question, with consideration to the case-law of the Court of Justicechallenges the presumption of salaried employment, the digital labour platform shall be required to assist the proper resolution of the proceedings, notably by providing all relevant information held by it.
Amendment 760 #
2021/0414(COD)
Proposal for a directive
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
The Member States must designate the administrative or judicial authorities responsible for deciding on the request for a rebuttal filed by one of the parties. Their decision shall reflect the reality of the relationship between the worker and the digital labour platform. The labour inspectorate or other law enforcement authorities should be charged with examining the rebuttal filed by the party.
Amendment 763 #
2021/0414(COD)
Proposal for a directive
Article 5 – paragraph 3 b (new)
Article 5 – paragraph 3 b (new)
A rebuttal of the presumption of an employment relationship may be assumed where all the following conditions are met: (a) the person performs the work without supervision and without instruction from another party, both on the basis of the contract governing the work and in view of the facts; (b) the worker performs activities which are not part of the activities normally carried out by the employer; (c) the person performing the work is normally engaged in a trade, profession or self-employed activity of the same nature as the work performed.
Amendment 764 #
2021/0414(COD)
Proposal for a directive
Article 5 – paragraph 3 c (new)
Article 5 – paragraph 3 c (new)
Where digital labour platforms voluntarily decide to pay for social protection, accident insurance or any other kind of insurance, training courses or any similar benefits for the self- employed persons working through them, such decisions shall be deemed indicative of an employment relationship.
Amendment 766 #
2021/0414(COD)
Proposal for a directive
Article 5 – paragraph 3 d (new)
Article 5 – paragraph 3 d (new)
Amendment 767 #
2021/0414(COD)
Proposal for a directive
Article 5 – paragraph 3 e (new)
Article 5 – paragraph 3 e (new)
In Member States where an administrative procedure is in place for rebutting the presumption of a salaried employment relationship, workers must not be prevented from challenging the rebuttal decision or appealing before a court.
Amendment 768 #
2021/0414(COD)
Proposal for a directive
Article 5 – paragraph 3 f (new)
Article 5 – paragraph 3 f (new)
In the event of a rebuttal of the presumption of a salaried employment relationship, the worker shall not be required to repay the amounts or entitlements received as a result of that presumption.
Amendment 771 #
2021/0414(COD)
Proposal for a directive
Chapter II a (new)
Chapter II a (new)
Chapter IIa PROMOTING THE RIGHT TO COLLECTIVE BARGAINING Article 5a Persons performing platform work shall enjoy the full right to join a trade union, to collective organisation and to collective bargaining. Digital labour platforms must adhere to pay rates and other working conditions established by law or in collective agreements for the sector and/or the geographical area concerned and, where applicable, to the statutory minimum wage, as well as uphold Union, national and international labour and social law. This Directive shall be without prejudice to the full respect of the autonomy of social partners, as well as their right to negotiate and conclude collective agreements. Member States shall: (a) encourage the creation of social partners and strengthening of their capacity to engage in collective bargaining to establish the working conditions of persons performing platform work; (b) prohibit and take measures to prevent any acts that violate the right of persons performing platform work to join a trade union or which prevent them from doing so, or which discriminate against workers and trade union representatives who participate or wish to participate in collective bargaining; (c) see to it that employers, in view of the size and capacity of the company concerned, provide trade union representatives with the right information and infrastructure to perform their collective bargaining duties; (d) make sure that trade unions have the right to access the workplace and workers, including digitally, to meet and contact workers individually or collectively, with the aim of organising workers, negotiating wages on their behalf and representing them.
Amendment 772 #
2021/0414(COD)
Proposal for a directive
Article 6 – title
Article 6 – title
Transparency on and use of automated and semi-automated monitoring and decision- making systems
Amendment 773 #
2021/0414(COD)
Proposal for a directive
Article 6 – paragraph -1 (new)
Article 6 – paragraph -1 (new)
-1. The rights referred to in Chapter III shall apply to persons working through a digital platform whose work is organised by automated or semi- automated means and algorithms.
Amendment 774 #
2021/0414(COD)
Proposal for a directive
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. Without prejudice to the obligations and rights of digital labour platforms and platform workers under Directive (EU) 2019/1152, Member States shall require digitalthat algorithms are consistent with labour platforms to inform platform workers of: w, since these algorithms, whether they are automated or semi-automated, serve as rules of procedure and organise the work. Platform workers, via their representatives, must have the power of co-decision over algorithmic systems and have a say in and be able to review the systems that impact their working conditions at annual negotiations, in particular via:
Amendment 786 #
2021/0414(COD)
Proposal for a directive
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) automated decision-making systems which are used to take or support decisions that significantly affect those platform workers’ working conditions, in particular their recruitment, their access to work assignments, their earnings, their occupational safety and health, their working time, their promotion, their ranking and their contractual status, including the restriction, suspension or termination of their account.
Amendment 788 #
2021/0414(COD)
Proposal for a directive
Article 6 – paragraph 1 b (new)
Article 6 – paragraph 1 b (new)
1b. The labour inspectorate and/or occupational health and safety authorities must also have access to information on the algorithm, in particular the points listed in paragraph 2.
Amendment 789 #
2021/0414(COD)
Proposal for a directive
Article 6 – paragraph 1 c (new)
Article 6 – paragraph 1 c (new)
1c. Any predictive system, software or process that makes use of computations to aid or replace decisions or management decisions that affect the opportunities, access, freedoms, rights and/or safety of workers or that might have a bearing on a decision concerning work relations or the working conditions of platform workers must be monitored to remove any bias. Trade union representatives must be informed of and consulted on the parameters and the way they operate, how they were set up, and the way in which human oversight is assured.
Amendment 790 #
2021/0414(COD)
Proposal for a directive
Article 6 – paragraph 1 d (new)
Article 6 – paragraph 1 d (new)
1d. Member States shall also require that digital labour platforms inform trade unions of, and consult them on, the use of the monitoring and decision-making systems mentioned in points a) and b), and that the matter is subject to collective bargaining. In accordance with Regulation (EU) 2016/679, a ‘data controller’ (the employer) must seek the views of data subjects or their representatives, where appropriate, when carrying out an assessment of the impact of access to or the processing of personal data.
Amendment 797 #
2021/0414(COD)
Proposal for a directive
Article 6 – paragraph 2 – point b – point iii a (new)
Article 6 – paragraph 2 – point b – point iii a (new)
(iiia) the functioning and mode of operation of elements that affect the employment relationship, in particular recruitment, access to work assignments, earnings, health and safety, working time, promotion, ranking and the restriction, suspension or termination of accounts;
Amendment 798 #
2021/0414(COD)
Proposal for a directive
Article 6 – paragraph 2 – point b – point iv
Article 6 – paragraph 2 – point b – point iv
(iv) the grounds for decisions to restrict, suspend or terminate the platform worker’s account, to refuse the remuneration for work performed by the platform worker, on the platform worker’s contractual status or any decision with similar effects. Such decisions should nevertheless be in line with the measures under which employers state the grounds for disciplinary action and dismissals, and the reasoning behind the decisions should be subject to collective bargaining.
Amendment 802 #
2021/0414(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Digital labour platforms shall provide the information referred to in paragraph 2workers and their trade union with the information referred to in paragraph 2, in advance and in time for a thorough examination thereof, in the form of a document which may be in electronic format. They shall provide that information at the latest on the first working day, as well as in the event of substantial changes and at any time upon the platform workers’ request. The information shall be presented in a concise, transparent, intelligible and easily accessible form, using clear and plain language. Digital labour platforms shall be accountable to the workers and their representatives for any changes to the working conditions. Elements of the algorithm relating to management of the work which cannot be explained to the workers and their trade unions should be banned.
Amendment 811 #
2021/0414(COD)
Proposal for a directive
Article 6 – paragraph 5 – introductory part
Article 6 – paragraph 5 – introductory part
5. Digital labour platforms shall not processmust comply with Regulation (EU) 2016/679. Under this regulation, indiscriminate monitoring of employees is illegal and therefore digital labour platforms shall have no access to, neither shall they collect and/or process, any personal data concerning platform workers that are not intrinsically connected to and strictly necessary for the performance of the contract between the platform worker and the digital labour platform. Algorithmic management must not, in any circumstances, facilitate discriminatory practices against workers. In particular they shall not:
Amendment 816 #
2021/0414(COD)
Proposal for a directive
Article 6 – paragraph 5 – point a
Article 6 – paragraph 5 – point a
(a) access, collect and/or process any personal data on the emotional or psychological state of the platform worker;
Amendment 817 #
2021/0414(COD)
Proposal for a directive
Article 6 – paragraph 5 – point b
Article 6 – paragraph 5 – point b
(b) access, collect and/or process any personal data relating to the health of the platform worker, except in cases referred to in Article 9(2), points (b) to (j) of Regulation (EU) 2016/679;
Amendment 820 #
2021/0414(COD)
Proposal for a directive
Article 6 – paragraph 5 – point c
Article 6 – paragraph 5 – point c
(c) access, collect and/or process any personal data in relation to private conversations, including exchanges with platform workers’ representatives; including conversations between workers and between trade unions and workers with a view to organising trade union activity, including collective action;
Amendment 824 #
2021/0414(COD)
Proposal for a directive
Article 6 – paragraph 5 – point d
Article 6 – paragraph 5 – point d
(d) collectneither access, nor collect and/or process any personal data while the platform worker is not offering or performing platform work.
Amendment 827 #
2021/0414(COD)
Proposal for a directive
Article 6 – paragraph 5 – point d a (new)
Article 6 – paragraph 5 – point d a (new)
(da) access, collect and/or process data collected by automated and semi- automated systems with a view to suspending or terminating the employment relationship between the digital labour platform and the worker.
Amendment 830 #
2021/0414(COD)
Proposal for a directive
Article 6 – paragraph 5 – point d b (new)
Article 6 – paragraph 5 – point d b (new)
(db) certain monitoring tools, such as biometric checks or constant video surveillance to monitor performance, should be banned.
Amendment 838 #
2021/0414(COD)
Proposal for a directive
Article 6 – paragraph 5 a (new)
Article 6 – paragraph 5 a (new)
5a. The platforms must give workers and their representatives access to their data arising from Regulation (EU) 2016/679 so they can verify compliance with the latter.
Amendment 839 #
2021/0414(COD)
Proposal for a directive
Article 6 – paragraph 5 b (new)
Article 6 – paragraph 5 b (new)
5b. If using automated or semi- automated decision-making systems, and without prejudice to the possible right of workers and their representatives to access the technical details of how they operate, the company shall, proactively and every time that a system affecting the workers is featured, provide the workers and their representatives with an algorithmic prospectus containing at least the following information: the system developer and operator (and their legal roles as data controller/data processor), a description of the type of system (recommendation, risk assessment, supervised/unsupervised system), a description of the system’s aims, details of training data used, details of variables used, information on the performance of the mandatory impact study and/or independent external audit (and access to the findings thereof), an analysis of the percentage of false positives and false negatives foreseen or detected by the developer, and information on the remedies available to those affected.
Amendment 843 #
2021/0414(COD)
Proposal for a directive
Article 7 – title
Article 7 – title
Human monitoring of automated or semi- automated systems
Amendment 846 #
2021/0414(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that digital labour platforms regularly monitor and evaluate the impact of individual decisions taken or supported by automated monitoring and decision-making systems, as referred to in Article 6(12), on working conditions. Member States shall safeguard workers’ right of co-decision, via their representatives, in algorithmic systems, and ensure human intervention in or human oversight of all decisions impacting working conditions (for example, workflow, working time, pay and promotion), particularly when it comes to key decisions, like those concerning disciplinary action, dismissals and profiling models.
Amendment 858 #
2021/0414(COD)
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
They shall not use automated monitoring and decision-making systems in any manner that violates labour law, puts undue pressure on platform workers or otherwise puts at risk the physical and mental health of platform workers.
Amendment 869 #
2021/0414(COD)
Proposal for a directive
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3a. Algorithm-based predictive actions shall be deemed high-risk processes and therefore assessed as part of each company’s occupational risk prevention plan.
Amendment 870 #
Amendment 871 #
2021/0414(COD)
Proposal for a directive
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. Member States shall ensure that platform workers have the right to obtain an explanation from the digital labour platform for any decision taken or supported by an automated decision- making system that significantly affects the platform worker’s working conditions, as referred to in Article 6(1), point (b). In particular, Member States shall ensure that digital labour platforms provide platform workers with access to a contact person designated by the digital labour platform to discuss and to clarify the facts, circumstances and reasons having led to the decision. Digital labour platforms shall ensure that such contact persons have the necessary competence, training and authority to exercise that function.
Amendment 878 #
2021/0414(COD)
Proposal for a directive
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
Digital labour platforms shall provide the platform worker with a written statement of the reasons for any decision taken or supported by an automated decision- making system to restrict, suspend or terminate the platform worker’s account, any decision to refuse the remuneration for work performed by the platform worker, any decision on the platform worker’s contractual status or any decision with similar effects. The explanation and human review of disciplinary action and dismissals provided for in this article shall not preclude the digital labour platforms from complying with labour law and the applicable collective agreements governing the statement of grounds for such disciplinary action.
Amendment 886 #
2021/0414(COD)
Proposal for a directive
Article 8 – paragraph 2 – introductory part
Article 8 – paragraph 2 – introductory part
2. Where platform workers are not satisfied with the explanation or the written statement of reasons obtained or consider that the decision referred to in paragraph 1 infringes their rights, theyorkers and their trade unions shall have the right to request the digital labour platform to review that decision. The digital labour platform shall respond to such request by providing the platform worker with a substantiated reply without undue delay and in any event within one week of receipt of the request. This explanation should nevertheless be complementary to the application of the existing obligation for employers to state the grounds for disciplinary action and dismissals.
Amendment 888 #
2021/0414(COD)
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
Amendment 901 #
2021/0414(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Without prejudice to the rights and obligations under Directive 2002/14/EC and 2009/38/EC, Member States shall ensure information and consultation of platform workers’ representatives or, where there are no such representatives, of the platform workers concerned by digital labour platforms, on decisions likely to lead to the introduction of or substantial changes in the use of automated monitoring and decision-making systems referred to in Article 6(1), in accordance with this Article. The right of workers to be informed and consulted, of access to information for representatives and the relevant authorities, and of access to evidence must be granted irrespective of whether the algorithm is run by the digital labour platform or a sub-contractor that sells its management services to the platform.
Amendment 909 #
2021/0414(COD)
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. The labour inspectorate must have access to the whole content of the algorithm so that it can check the algorithmic management criteria.
Amendment 914 #
2021/0414(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The platform workers’ representatives or the platform workers concerned may be assisted by an expert of their choice, in so far as this is necessary for them to examine the matter that is the subject of information and consultation and formulate an opinion. Where a digital labour platform has more than 500 platform workers in a Member State, the expenses for the expert shall be borne by the digital labour platform, provided that they are proportionate.
Amendment 921 #
2021/0414(COD)
Proposal for a directive
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3a. The approval of the trade union and/or the labour inspectorate should be a prerequisite for the introduction of any automated or semi-automated monitoring or decision-making system permitted under Article 6.
Amendment 923 #
2021/0414(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Article 6, Article 7(1) and (3), Article 8 and Article 815 and OSH provisions on transparency and human oversight shall also apply to persons performing platform work who do not have an employment contract or employment relationship.
Amendment 925 #
2021/0414(COD)
Proposal for a directive
Article 10 a (new)
Article 10 a (new)
Article 10a Data portability Persons working through a digital platform shall be granted the right to data portability, including in relation to reputational data, and the right to not transport that data should that be their wish, as well as the right to rectification, to erasure and to be forgotten. Digital labour platforms shall make their reputational systems interoperable to enable these data transfers.
Amendment 928 #
2021/0414(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Without prejudice to Regulations (EC) No 883/200469 and 987/200970 of the European Parliament and of the Council, Member States shall require digital labour platforms which are employers to declare work performed by platform workers to the competent labour and social protection authorities of the Member State in which the work is performed and to share relevant data with those authorities, in accordance with the rules and procedures laid down in the law of the Member States concerned, and to meet their tax and social protection obligations under national law. __________________ 69 Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (OJ L 166, 30.4.2004, p. 1). 70 Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (OJ L 284, 30.10.2009, p. 1).
Amendment 937 #
2021/0414(COD)
Proposal for a directive
Article 12 – paragraph -1 (new)
Article 12 – paragraph -1 (new)
-1. Platform workers should enjoy the right to be informed and consulted in accordance with the above-mentioned Directive 2002/14/EC establishing a general framework for informing and consulting employees. Self-employed persons working through a digital labour platform should also be granted the right to be informed, in particular as regards algorithmic transparency.
Amendment 939 #
2021/0414(COD)
Proposal for a directive
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
1. Where labour, social protection and other relevant authorities exercise their functions in ensuring compliance with legal obligations applicable to the employment status of persons performing platform work and where the representatives of persons performing platform work exercise their representative functions, Member States shall ensure that digital labour platforms make the following information available to them, regardless of the country in which the platform is established:
Amendment 947 #
2021/0414(COD)
Proposal for a directive
Article 12 – paragraph 1 – point b
Article 12 – paragraph 1 – point b
(b) the general terms and conditions applicable to those contractual relationships, provided that those terms and conditions are unilaterally determined by the digital labour platform and apply to a large number of contractual relationships.
Amendment 952 #
2021/0414(COD)
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The information shall be provided for each Member State in which persons are performing platform work through the digital labour platform concerned. The information shall be updated at least every six months, and, as regards paragraph 1, point (b), each time the terms and conditions are modified after informing and consulting the trade unions and workers.
Amendment 957 #
2021/0414(COD)
Proposal for a directive
Article 12 – paragraph 3
Article 12 – paragraph 3
3. Labour, social protection and other relevant authorities and workers’ representatives of persons performing platform work shall have the right to ask digital labour platforms for additional clarifications and details regarding any of the data provided. The digital labour platforms shall respond to such request within a reasonable period of time by providing a substantiated reply.
Amendment 961 #
2021/0414(COD)
Proposal for a directive
Article 12 a (new)
Article 12 a (new)
Article 12a Due diligence for platforms 1. In order to combat human and labour rights violations by sub- contractors and along platforms’ value chains, Member States shall subject them to due diligence. 2. Platforms are required to take all necessary and proportionate measures to prevent human and labour rights violations along their value chains, to detect them and to respond accordingly as and when they occur. 3. Member States shall determine the conditions in which platforms shall be held criminally, civilly or administratively liable for violations of those rights along their value chains, as well as the remedies available to victims.
Amendment 962 #
2021/0414(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
Without prejudice to Articles 79 and 82 of Regulation (EU) 2016/679, or to existing labour legislation concerning the termination of employment contracts or any other labour law, Member States shall ensure that persons performing platform work, including those whose employment or other contractual relationship has ended, have access to quick, free, fair, effective and impartial litigation or dispute resolution and a right to redress, including adequate compensation, in the case of infringements of their rights arising from this Directive. The autonomy of the social partners in decisions relating to dispute resolution and the right to appeal must also be upheld.
Amendment 970 #
2021/0414(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Without prejudice to Article 80 of Regulation (EU) 2016/679, Member States shall ensure that representatives of persons performing platform work or other legal entities which have, in accordance with the criteria laid down by national law or practice, a legitimate interest in defending the rights of persons performing platform work,and in accordance with Directive 2002/14/EC, Member States shall ensure that workers’ representatives may engage in any judicial or administrative procedure to enforce any of the rights or obligations arising from this Directive. They may act on behalf or in support of a person performing platform work in the case of an infringement of any right or obligation arising from this Directive, with that person’s approval.
Amendment 977 #
2021/0414(COD)
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Representatives of persons performing platform work shall also have the right to act on behalf or in support of several persons performing platform work, with those persons’ approval.
Amendment 980 #
2021/0414(COD)
Proposal for a directive
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2a. Persons performing platform work should be entitled to take industrial action.
Amendment 986 #
2021/0414(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
Member States shall take the necessary measures to ensure that digital labour platforms create the possibility for persons performing platform work to contact and communicate with each other, and to be contacted by representatives of persons performing platform work, through the digital labour platforms’ digital infrastructure or similarly effective means, in a visible and operational manner, while complying with the obligations under Regulation (EU) 2016/679. Member States shall require digital labour platforms to refrain from accessing or monitoring those contacts and communications.
Amendment 990 #
2021/0414(COD)
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Member States shall ensure that in proceedings concerning a claim regarding correct determination of the employment status of persons performing platform work, national courts or competent authorities are able to order the digital labour platform to disclose any relevant evidence which lies in their control, regardless of the country in which the digital labour platform is established and irrespective of the fact that platforms outsource some aspects of algorithmic management to contractors in another country.
Amendment 994 #
2021/0414(COD)
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
Member States shall introduce the measures necessary to protect persons performing platform work, including those who are their representatives, from any adverse treatment by the digital labour platform and from any adverse consequences resulting from a complaint lodged with the digital labour platform or resulting from any proceedings initiated with the aim of enforcing compliance with the rights provided for in this Directive. These measures should include the creation of accessible and effective complaint mechanisms. Undocumented third-country nationals should have access to justice without fear of reprisal or risk of deportation. This requires the establishment of a division between work to enforce labour legislation and the courts and migration control mechanisms.
Amendment 996 #
2021/0414(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Member States shall take the necessary measures to prohibit the dismissal or its equivalent (including long- term suspensions, which may cause harm without equating to a dismissal) and all preparations for dismissal or its equivalent of persons performing platform work, on the grounds that they have exercised the rights provided for in this Directive.
Amendment 997 #
2021/0414(COD)
Proposal for a directive
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
1a. Digital labour platforms must comply with the measures applicable to employers as regards stating the grounds for disciplinary action and dismissal.
Amendment 998 #
2021/0414(COD)
Proposal for a directive
Article 18 – paragraph 3 a (new)
Article 18 – paragraph 3 a (new)
3a. This article on protection from dismissal shall also apply to genuinely self-employed persons, on the basis of the protection against wrongful termination of contracts afforded to self-employed commercial agents under Union law.
Amendment 1002 #
2021/0414(COD)
Proposal for a directive
Article 19 – paragraph 1 a (new)
Article 19 – paragraph 1 a (new)
1a. The authorities referred to in paragraph 1 and the national labour and social protection authorities shall, where relevant, cooperate in the application of this Directive, within the remit of their respective competences, in particular where questions arise concerning the impact of automated monitoring and decision-making systems on working conditions.
Amendment 1003 #
2021/0414(COD)
Proposal for a directive
Article 19 – paragraph 2
Article 19 – paragraph 2
2. The authorities referred to in paragraph 1 and national labour and social protection authorities shall, where relevant, cooperate in the enforcement of this Directive, within the remit of their respective competences, in particular where questions on the impact of automated monitoring and decision-making systems on working conditions or on rights of persons performing platform work arise. For that purpose, those authorities shall exchange relevant information with each other, including information obtained in the context of inspections or investigations, either upon request or at their own initiative. This cooperation should also include cross-border cooperation in the form of assistance, support and the exchange of information between authorities to achieve effective cross- border application. The labour inspectorate or the other law enforcement authorities should be fully equipped and sufficiently resourced to carry out the relevant investigations filed by the digital labour platform.
Amendment 1008 #
2021/0414(COD)
Proposal for a directive
Article 19 – paragraph 2 a (new)
Article 19 – paragraph 2 a (new)
2a. Platform workers should have the right to complain against digital labour platforms, including in cross-border disputes, to which the Rome I and Brussels I Regulation should apply.
Amendment 1009 #
2021/0414(COD)
Proposal for a directive
Article 19 – paragraph 3
Article 19 – paragraph 3
3. Member States shall lay down the rules on penalties applicable to infringements of national provisions adopted pursuant to provisions of this Directive other than those referred to in paragraph 1 or of the relevant provisions already in force concerning the rights which are within the scope of this Directive. The penalties provided for shall be effective, proportionate and dissuasive. The penalties provided for should be subject to review throughout the application of the directive, to ensure they remain an effective deterrent. Digital labour platforms that break the law should, among other penalties, be denied access to public money and public procurement.
Amendment 1010 #
2021/0414(COD)
Proposal for a directive
Article 19 – paragraph 3 a (new)
Article 19 – paragraph 3 a (new)
3a. For the purposes of applying the law, and without prejudice to the rights to information under Article 11 and Article 12.2, digital labour platforms should be entered in the appropriate public business register, along with information on all digital labour platforms operating in the country. This information should include, inter alia, the company’s headcount, status and turnover.
Amendment 1016 #
2021/0414(COD)
Proposal for a directive
Article 20 – paragraph 2
Article 20 – paragraph 2
2. This Directive shall not affect the Member States’ prerogative to apply or to introduce laws, regulations or administrative provisions which are more favourable to platform workers, or to encourage or permit the application of collective agreements which are more favourable to platform workers, in line with the objectives of this Directive. As regards persons performing platform work who are not in an employment relationship, this paragraph shall only apply insofar as such national rules are compatible with the rules on the functioning of the internal market.
Amendment 19 #
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, equity, sustainability, 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. It should create quality employment, strengthen workers’ rights and job security and contribute to a dynamic, resource efficient, inclusive, fair and just economy, labour market and society in the Union, implementing the European Pillar of Social Rights in the digital age. _________________ 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 29 #
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 digital transformation, which is a key 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 environment. Digitalisation also presents new opportunities for distance monitoring of air and water pollution, or for monitoring and optimising how energy and natural resources are used. Thus, it can be used to prevent energy poverty and ensure energy efficiency and affordability. 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, and contribute to a sustainable circular and climate-neutral economy and society in line with the European Green Deal. _________________ 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 54 #
2021/0293(COD)
Proposal for a decision
Recital 7 a (new)
Recital 7 a (new)
(7 a) The legislative framework should be strengthened in order to combat the negative effects of digitalisation, such as unemployment and social dumping, and to protect workers’ rights. Collective agreements should be extended to cover workers in digital work environments. Trade union representation and access to the digital workplace, as well as access to the workers themselves should be ensured. Workers’ rights, in particular the right to collective action, collective bargaining and the right to strike should also apply to the digital workplace, and be fortified.
Amendment 56 #
2021/0293(COD)
Proposal for a decision
Recital 7 b (new)
Recital 7 b (new)
(7 b) Mental health issues related to digital or remote work have increased dramatically in the European Union in recent times, particularly among young people. Measures should be taken to safeguard the mental health of employees in the digital environment and provide recovery and after-care solutions, with particular focus on enforcing their Right to Disconnect without fear of negative consequences, to achieve workers’ mental well-being and ensure work-life balance in the digital age.
Amendment 57 #
2021/0293(COD)
Proposal for a decision
Recital 7 c (new)
Recital 7 c (new)
(7 c) The use of Artificial Intelligence, monitoring and tracking devices to evaluate work in digital platforms in order to boost productivity and speed has led to a dramatic increase in work intensity, undue stress, anxiety and insecurity of workers in digital environments, thus increasing the possibility of occupational accidents and endangering workers’ lives and well-being. Concrete measures should be taken to ensure workers’ physical health and safety.
Amendment 58 #
2021/0293(COD)
Proposal for a decision
Recital 7 d (new)
Recital 7 d (new)
(7 d) The application of GDPR to the digital work environment, including the active involvement of social partners, should be strengthened. Any use of AI at work must respect and adequately safeguard the right enshrined in Article 22(1) of the GDPR not to be subject to a decision based solely on automated processing.
Amendment 59 #
2021/0293(COD)
Proposal for a decision
Recital 7 e (new)
Recital 7 e (new)
(7 e) The use and management of AI applications, algorithms and AI development process affects all aspects of work and workers’ rights, such as recruitment processes, people and workflow management, and must not discriminate against workers or vulnerable groups or reinforce inequalities based on criteria such as gender, age, health condition, disability, nationality, ethnicity, race, pregnancy or parenthood.
Amendment 97 #
2021/0293(COD)
Proposal for a decision
Recital 29 a (new)
Recital 29 a (new)
(29 a) Concrete measures should be taken to ensure gender balance and equality in the digital work environment, in particular to access to equal employment, pay and representation.
Amendment 124 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) promote a human-centered, inclusive, accessible, secure and open digital environment where digital technologies and services respect and enhance Union principles and values, as well as citizens’ and workers’ rights and opportunities for quality employment;
Amendment 132 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point a a (new)
Article 2 – paragraph 1 – point a a (new)
(a a) ensure that all citizens have access to connectivity, free or affordable internet and access to digital tools;
Amendment 133 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point a b (new)
Article 2 – paragraph 1 – point a b (new)
(a b) ensure that all digital policies enhance citizens’ and workers’ prosperity through job security in the digital labour market, ensuring fair working conditions and workers’ rights;
Amendment 134 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point a c (new)
Article 2 – paragraph 1 – point a c (new)
(a c) adopt concrete measures to adapt and extend already existing workers’ rights, and to ensure that trade unions have access to the digital workplace; enforce collective bargaining and ensure that workers in new forms of work organisations have equal rights;
Amendment 135 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point a d (new)
Article 2 – paragraph 1 – point a d (new)
(a d) ensure that workers in digital work environments are and remain the owners of their data and have the right to keep their data even if an employment relationship has ended;
Amendment 136 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point a e (new)
Article 2 – paragraph 1 – point a e (new)
(a e) prohibit the use of artificial intelligence in the recruitment process; promote concrete measures to prevent discrimination based on the use of biased algorithms in the workplace;
Amendment 147 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point b a (new)
Article 2 – paragraph 1 – point b a (new)
(b a) ensure the sustainable and just digital transition of workplaces while keeping the existing workforce; provide for internal reallocation of workers, thus creating safety measures for persons close to retirement facing difficulties adjusting to digital developments;
Amendment 152 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point b b (new)
Article 2 – paragraph 1 – point b b (new)
(b b) enable all workers and job seekers to acquire information of their rights in the digital environment, AI ethics and protection of privacy;
Amendment 153 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point b c (new)
Article 2 – paragraph 1 – point b c (new)
(b c) enforce concrete measures for health and safety of workers in digital environments; protect workers from work intensity increase and fortify their mental health and physical safety from the abusive use of digital tools to increase productivity, such as constant surveillance and evaluation;
Amendment 162 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point d a (new)
Article 2 – paragraph 1 – point d a (new)
(d a) ensure transparency, human oversight and accountability for the use of AI in the workplace; prohibit the use of AI in the recruitment process; ensure workers’ right to question the validity of an automated decision and request a human review to have it reversed;
Amendment 163 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point d b (new)
Article 2 – paragraph 1 – point d b (new)
(d b) clarify liability of the use of AI within a work organisation, both in the event of occupational accidents to workers and damages caused to third parties;
Amendment 169 #
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) propose concrete measures to ensure citizens’ and workers’ rights to equal access to healthcare and health insurance schemes and to prevent the use of AI for patient cherry-picking and rejection on the basis of medical history or financial status;
Amendment 190 #
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)
Amendment 204 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 2 – point d a (new)
Article 4 – paragraph 1 – point 2 – point d a (new)
(d a) all European households have access to high-speed internet and broadband coverage in general, especially in rural, sparsely populated, peripheral and border areas and islands, in order to prevent discrimination and digital inequalities;
Amendment 219 #
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)); persons with disabilities have assisted access via aid tools and connectivity;
Amendment 232 #
2021/0293(COD)
Proposal for a decision
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
(4 a) The Commission shall monitor the progress of Member States, in particular regarding the implementation of measures to secure workers’ rights, occupational health and safety in the digital environment and their protection from abusive use of digital tools.
Amendment 242 #
2021/0293(COD)
Proposal for a decision
Article 6 – paragraph 6 a (new)
Article 6 – paragraph 6 a (new)
(6 a) The report shall address in particular recommended measures to ensure the protection of workers from the negative effects of digitalisation.
Amendment 250 #
2021/0293(COD)
Proposal for a decision
Article 7 – paragraph 3 – point c
Article 7 – paragraph 3 – point c
(c) financial resources have been allocated; , in accordance with the respect of trade union and workers’ rights, such as health and safety, the right to strike, collective bargaining and collective action;
Amendment 258 #
2021/0293(COD)
Proposal for a decision
Article 9 – paragraph 1
Article 9 – paragraph 1
(1) If a Member State fails to implement the appropriate adjustments to its national Digital Decade strategic roadmap following policies, measures or actions recommended by the Commission under Article 6 (3), in particular to the respect of trade union and worker’s rights in the digital environment, without providing sufficient reasons, the Commission may adopt a recommendation, including a specific analysis of how this failure could impact the achievement of the objectives and digital targets of this Decision.
Amendment 259 #
2021/0293(COD)
Proposal for a decision
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
(1 a) The Commission and the Member States shall cooperate with stakeholders, in particular academics and social partners, regarding the digital transition, as well as the impact of digital transition to workers’ rights, so that all social and human aspects are taken into account for the development and implementation of relevant policies.
Amendment 260 #
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 organisations, to collect information and develop recommended policies, measures and actions for the purposes of the implementation of this Decision.
Amendment 32 #
2021/0227(BUD)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
Amendment 46 #
2021/0213(CNS)
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) In order to ensure uniform conditions for the implementation of this Directive, support should be given to the member states to implement public investments for the development of more energy efficient and zero-carbon transport modes.
Amendment 61 #
2021/0213(CNS)
Proposal for a directive
Recital 11
Recital 11
Amendment 62 #
2021/0213(CNS)
Proposal for a directive
Recital 12
Recital 12
(12) In order to ensure a smooth implementation of certain provisions relating to some products or uses, and to avoid undesirable effects on social and territorial equality a transitional period of application is needed.
Amendment 82 #
2021/0213(CNS)
Proposal for a directive
Recital 19
Recital 19
Amendment 118 #
2021/0213(CNS)
Proposal for a directive
Recital 25
Recital 25
(25) Member States should be permitted to apply certain other exemptions or reduced levels of taxation, where that will not be detrimental to the environmental objectives, to the proper functioning of the internal market and will not result in distortions of competition.
Amendment 132 #
2021/0213(CNS)
Proposal for a directive
Recital 28
Recital 28
(28) Targeted reductions in the tax level may provare necessary to tackle the social impact of energy taxes. An exemption from taxation may temporarily proveis necessary to protect vulnerable households.
Amendment 137 #
2021/0213(CNS)
Proposal for a directive
Recital 28 a (new)
Recital 28 a (new)
(28a) Reiterates that energy is a public good and a human and social right. Therefore the EU should promote measures to tackle energy poverty and ensure equal access to public energy services for all.
Amendment 144 #
2021/0213(CNS)
Proposal for a directive
Recital 29 a (new)
Recital 29 a (new)
(29a) Energy poverty should be considered as the inability of a household to support a level of energy supply adequate to guarantee quality levels of comfort and health, due to one or more of the following factors: low income, high energy prices and low quality, poor performing housing stock.
Amendment 148 #
2021/0213(CNS)
Proposal for a directive
Recital 30 a (new)
Recital 30 a (new)
Amendment 149 #
2021/0213(CNS)
Proposal for a directive
Recital 31 a (new)
Recital 31 a (new)
(31a) The implementation of this Directive will have socio-economic consequences as well as a diverse impact between income classes and Member States. In this regard, a Social Monitor is needed in order to assign reporting obligations to both the Commission and Member States. While the Commission will provide a more holistic overview, also in relation with the evolution of energy prices, Member States will describe the social measures taken to ease the potential socio-economic consequences of the Directive, with a special emphasis on the state of energy poverty. According to the assessments of the Social Monitor, if no significant progress is made to mitigate energy poverty, Member States should decide to prolong the transition period for households living in a condition of energy poverty.
Amendment 191 #
2021/0213(CNS)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 297 #
2021/0213(CNS)
Proposal for a directive
Article 17 – paragraph 1 – point b – subparagraph 1
Article 17 – paragraph 1 – point b – subparagraph 1
(b) reductions in the level of taxation, which shall not go below the minima as set out in Table B and D of Annex I, to energy products and electricity used for the carriage of goods and passengers by rail, metro, tram and trolley bus, as well as ferries in the case of islands and for local public passenger transport, waste collection, armed forces and public administration, disabled people and ambulances;
Amendment 298 #
2021/0213(CNS)
Proposal for a directive
Article 17 – paragraph 1 – point b a (new)
Article 17 – paragraph 1 – point b a (new)
(ba) after the end of the transition period, and provided that, according to the Social Monitor set out in Article 30a, significant progress has been made, Member States shall continue to exempt households recognised in a condition of energy poverty.
Amendment 305 #
2021/0213(CNS)
Proposal for a directive
Article 17 – paragraph 1 – point c – subparagraph 3
Article 17 – paragraph 1 – point c – subparagraph 3
For the purposes of point (c), energy products and electricity used by households recognised as vulnerable may be exempt for a maximum perliving in a conditiodn of ten years after the entry into force of this Directive. For the purposes of this paragraph, ‘vulnerable households’ shall mean households significantlergy poverty as defined in the Energy aEffected by the impacts of this Directive which, for the purpose of this Directive, means that they are below the ‘at risk of poverty’” threshold, defined as 60% of the national median equivalised disposable incomiciency Directive shall be exempt as long as is needed after the entry into force of this Directive.
Amendment 338 #
2021/0213(CNS)
Proposal for a directive
Article 30 a (new)
Article 30 a (new)
Article 30 a Reporting obligations for the Member States - Social monitor By … [two years after the date of entry into force of this Directive] and every two years thereafter, Member States shall report to the Commission on the implementation of social measures directly or indirectly linked to the effects of this Directive. Such report shall include at least: (a) the ratio of the actual amount of increased revenues passed to MS’ national budget as a result of revised energy taxation to the amount of resources used on social measures tackling. (b) energy prices developments and relevant data available covering or mapping the energy poverty per region, per household, and per income group. (c) a detailed mapping of social instruments and measures implemented in the MS tackling the socio-economic consequences linked to the application of this revision.
Amendment 30 #
2021/0211(COD)
Proposal for a directive
Recital 5
Recital 5
(5) The Union committed to reduce to reduce the Union’s economy-wide net greenhouse gas emissions by at least 55 % by 2030 below 1990 levels in the updated nationally determined contribution submitted to the UNFCCC Secretariat on 17 December 202039 , remaining far below the science-based target of the Paris Agreement of at least 65% of reduction necessary in order to limit global warming to 1,5°C degrees. _________________ 39 https://www4.unfccc.int/sites/ndcstaging/P ublishedDocuments/European%20Union% 20First/EU_NDC_Submission_December %202020.pdf
Amendment 32 #
2021/0211(COD)
Proposal for a directive
Recital 7
Recital 7
(7) All sectors of the economy need to contribute to achieving those emission reductions. Therefore, the ambition of the EU Emissions Trading System (EU ETS), established by Directive 2003/87/EC of the European Parliament and of the Council41 tohas promote reductions of greenhouse gas emissions in a cost-effective and economically efficiven throughout its 17 years to be unable to achieve the emissions reduction needed to respect the Paris Agreement manner,d should be increased in a manner commensurate with this economy-wide net greenhouse gas emissions reduction target for 2030therefore be repealed and replaced by a system imposing binding GHG reduction's paths in line with climate science. _________________ 41Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a system for greenhouse gas emission allowance trading within the Union and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32).
Amendment 92 #
2021/0211(COD)
Proposal for a directive
Recital 30 a (new)
Recital 30 a (new)
(30a) In October 2020, the European Commission stated that it had "not found any concluding evidence of carbon leakage as defined by the ETS Directive in the period of application of the EU ETS".
Amendment 224 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point a
Article 1 – paragraph 1 – point 11 – point a
Directive 2003/87/EC
Article 10
Article 10
The Modernization Fund shall primarily support direct public investments in essential sectors and public owned companies.
Amendment 238 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11 a (new)
Article 1 – paragraph 1 – point 11 a (new)
Directive 2003/87/EC
Article 10 (1)
Article 10 (1)
(11a) Article 10(1) is amended as follows: "From [date of entry into force of the amendment to be inserted] onwards, all allowances shall be auctioned. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 247 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point a – point i
Article 1 – paragraph 1 – point 12 – point a – point i
Directive 2003/87/EC
Article 10 a – paragraph 1
Article 10 a – paragraph 1
In the case of installations covered by the obligation to conduct an energy audit under Article 8(4) of Directive 2012/27/EU of the European Parliament and of the Council(*) [Article reference to be updated with the revised Directive], free allocation shall only be granted fully if the recommendations of the audit report are implemented, to the extent that the pay- back time for the relevant investments does not exceed five years and that the costs of those investments are proportionate. Otherwise, the amount of free allocation shall be reduced by 25 %. The amount of free allocation shall not be reduced if an operator demonstrates that it has implemented other measures which lead to greenhouse gas emission reductions equivalent to those recommended by the audit reportthe recommendations of the audit report are of a binding nature and shall be implemented in the 2 years following the publication of the report. Otherwise, prohibitive penalties shall be imposed on non-compliers. The measures referred to in the first subparagraph shall be adjusted accordingly.
Amendment 318 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/EC
Article 10 a – paragraph 8 – subparagraph 2 a
Article 10 a – paragraph 8 – subparagraph 2 a
Intellectual property rights and patents of technologies discovered and developed thanks to the funds allocated to the Innovation Fund shall remain in the public domain.
Amendment 319 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Article 1 – paragraph 1 – point 12 – point g
The Innovation Fund allocated to each Member State shall support direct public investments in essential sectors and public owned companies and non-profit entities.
Amendment 320 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/EC
Article 10 a – paragraph 8 – subparagraph 2 c
Article 10 a – paragraph 8 – subparagraph 2 c
Part of the budget of the Innovation Fund shall be allocated to knowledge transfer and sharing of new technologies with the public sector of low and middle-income countries.
Amendment 334 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/EC
Article 10 a – paragraph 8 – subparagraph 5 a (new)
Article 10 a – paragraph 8 – subparagraph 5 a (new)
Moreover, support under the Innovation Fund shall only be granted to companies that: – commit to safeguard or increase quality employment and salaries in current sites of economic activity; – are neither proceeding to share buybacks nor distributing shareholder dividends or executive bonuses; – are neither registered in, nor part of a group having subsidiaries without real economic activity, in tax havens or other non-cooperative jurisdictions; – have not been involved, investigated or prosecuted for money laundering, terrorism financing, tax avoidance, tax fraud or tax evasion;
Amendment 360 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point a
Article 1 – paragraph 1 – point 14 – point a
Directive 2003/87/EC
Article 10 d – paragraph 1 – subparagraph 2 a
Article 10 d – paragraph 1 – subparagraph 2 a
Amendment 57 #
2021/0206(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) A Social Climate (‘the Fund’) should therefore be established to provide funds to the Member States to support their policies to address the social impacts of the emissions trading for buildgreen transition, carbon pricings and road transportising energy prices on vulnerable households, vulnerable micro-enterprises and vulnerable transport users. This should be achieved notably through temporary income support and measures and investments intended to reduce reliance on fossil fuels through increased energy efficiency of buildings, decarbonisation of heating and cooling of buildings, including the integration of energy from renewable sources, and granting improved access to zero- and low-emission mobility and transport to the benefit of vulnerable households, vulnerable micro-enterprises and vulnerable transport users.
Amendment 74 #
2021/0206(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Ensuring that the measures and investments are particularly targeted towards energy poor or vulnerable households, vulnerable micro-enterprises and vulnerable transport users is key for a just transition towards climate neutrality. Support measures to promote reductions in greenhouse gas emissions should help Member States to address the social impacts arising from the emissions trading for the sectors of buildings and road transportgreen transition and rising energy prices and guaranteeing consumer's access to clean and affordable energy.
Amendment 92 #
2021/0206(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) Buildings in the EU are responsible for 36% of greenhouse gas emissions. Transports are responsible for 27% of greenhouse gas emissions, from which 72% amount to road transport. In parallel, mobility and heating/cooling represent the biggest lines in European household budgets, being close to one third of their annual expenditure. Decarbonising buildings and transports is particularly challenging because households are locked into existing infrastructures, which are costly to change and, therefore, have little options to choose a sustainable alternative. Given this scope, the Commission’s proposal to extend the EU’s carbon trading scheme to buildings and transports would hit households hard, in particular the vulnerable ones. Indeed, energy bills will increase, making low and middle-income households poorer, pushing households at risk of poverty or social exclusion into energy poverty and fatally hitting vulnerable households. Changing transport systems and heating/cooling systems for homes is not only crucial from a climate and environmental perspective but also very important in terms of social justice. Therefore, the ecological transition cannot be achieved by market mechanisms and the price signals that follow from them.
Amendment 119 #
2021/0206(COD)
Proposal for a regulation
Recital 34 a (new)
Recital 34 a (new)
(34 a) The European Union is already facing a social crisis with an estimated 30 to 50 million energy poor, 700,000 homeless people (an increase of 70% over the last 10 years). According to EU-SILC, the financial inability to maintain an adequate temperature in housing affected 7% of all residents of the EU28 and 18% of poor households. Many countries saw the proportion of poor households facing energy poverty increase significantly over the last decade, which will be compounded by the ongoing rise of energy prices across Europe. Long-term trends also show that house price indices increased by 23% and rental price indices by 16% between 2009 and 2019, across the European Union. In such a context, the implementation of the green deal is necessary but cannot be approximate in its effort to support poor and vulnerable households.
Amendment 120 #
2021/0206(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
The measures and investments supported by the Fund shall benefitgeneral objective of the Fund is to contribute to the transition towards climate neutrality, which leaves no one behind by contributing to the socially fair reduction of emissions in the transport and buildings sectors by providing support and empowering local communities, vulnerable households, vulnerable micro- enterprises and vulnerable transport users, which are vulnerable and particularly affected by the inclusion of greenhouse gas emissions from buildingespecially those classed as vulnerable or with low capacity to invest. The measures and investments supported by the Fund shall benefit households, micro-enterprises and road transport into the scope of Directive 2003/87/EC,users, including those which are vulnerable and particularly affected by the green transition especially households in energy poverty and citizens without public transport alternative to individual cars (in remote and rural areas); conditions for support from the Fund shall not impose any bureaucratic burden or additional cost on households and occupants of rental buildings.
Amendment 126 #
2021/0206(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The increase in the price for fossil fuels maywill disproportionally affect vulnerable households, vulnerable micro- enterprises and vulnerable transport users who spend a larger part of their incomes on energy and transport, who, in certain regions, do not have access to alternative, affordable mobility and transport solutionsaggravating the pre- existing inequalities. Vulnerable households and vulnerable enterprises mostly do not have access to alternative, affordable mobility and transport solutions including in remote, insular areas and carbon intensive regions with high unemployment rates, and who may lack the financial capacity to invest into the reduction of, and ultimately cut, reliance on fossil fuel consumption.
Amendment 140 #
2021/0206(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘building renovation’ means all kinds of energy-related building renovation,terations to a building to improve energy performance and indoor climate including the insulation of the building envelope, that is to say walls, roof, floor, the replacement of windows, the replacement of heating, cooling and cooking appliances, and the installation of on-site production of energy from renewable sources as well as the professional removal of harmful substances such as asbestos;
Amendment 149 #
2021/0206(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) ‘energy poverty’ means energy poverty as defined in point [(49)] of Article 2 of Directive (EU) [yyyy/nnn] of the of the European Parliama household's lack of access to essential and affordability energy services that underpin a decent standard of the Council50 ; _________________ 50[Directive (EU) [yyyy/nnn] of the of the European Parliament and of the Council (OJ C […], […], p. […]).] [Proposal for recast of Directive 2012/27/EU on energy efficiency]living and health, including adequate warmth, cooling, lighting and energy to power appliances, in the relevant national context, existing social policy and other relevant policies;
Amendment 149 #
2021/0206(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) This is even more relevant in view of the existing levels of energy poverty. Energy poverty is a situation in which households are unable to access essential energy services such as cooling, as temperatures rise, and heatingthe fundamental right to affordable and adequate housing, or afford essential energy services that are preconditions for a decent standard of living and health, including adequate warmth, cooling and lighting, as well as energy to power cooking and white appliances, taking into consideration the relevant national context, the existing social policy and other relevant policies. About 34 million Europeans reported an inability to keep their homes adequately warm in 2018, and 6.9% of the Union population have said that they cannot afford to heat their home sufficiently in a 2019 EU-wide survey32 . Overall, the Energy Poverty Observatory estimates that more than 50 million households in the European Union experience energy poverty. Energy poverty is therefore a major challenge for the Union. However, despite the severity of the problem, the lack of a common definition at Union level has limited the capacity to effectively monitor and assess the level of energy poverty and therefore has hampered joint action to tackle it. Therefore, a common definition at Union level should be established to facilitate monitoring and guide Union actions. While social tariffs or direct income support can provide immediate relief to households facing energy poverty, only targeted structural measures, in particular energy renovations, can provide lasting solutions. _________________ 32 Data from 2018. Eurostat, SILC [ilc_mdes01]).
Amendment 152 #
2021/0206(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 a (new)
Article 2 – paragraph 1 – point 2 a (new)
(2 a) 'mobility poverty' means households unable to afford the necessary travels required to meet their essential socio-economic needs in a given context which can be caused by one, or by the combination, of the following factors, depending on national and local specificities: low income, high fuel expenditures and/or high costs of public transports, availability of public transport or other mobility alternatives, in particular in terms of accessibility and location, scheduled frequency, reliability, travelled distances, transport practises and the poor performance of vehicles;
Amendment 161 #
2021/0206(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 11
Article 2 – paragraph 1 – point 11
(11) ‘vulnerable households’ means households in energy poverty or households, including lower middle- income ones, or live in inadequate housing as defined by national definition or the ETHOS framework, and that are significantly affected by the price impacts of the inclusion of buildings into the scope of Directive 2003/87/ECrising energy prices and/or the impact of carbon pricing on electricity and heating and lack the means to renovate the building they occupy;
Amendment 167 #
2021/0206(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
(12) ‘vulnerable micro-enterprises’ means micro-enterprises that are significantly affected by the price impacts of the inclusion of buildings into the scope of Directive 2003/87/ECemission pricing on energy costs and lack the means to renovate the building they occupy;
Amendment 178 #
2021/0206(COD)
(13) ‘vulnerable transport users’ means transport users, including from lower middle-income households, that are significantly affected by the price impacts of the inclusion of road transport intoemission pricing on the scopest of Directive 2003/87/ECtransport and lack the means to purchase zero- and low- emission vehicles or to switch to alternative sustainable modes of transport, including public transport, particularly in rural and remote areas.
Amendment 182 #
2021/0206(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Each Member State shall submit to the Commission a Social Climate Plan (‘the Plan’) together with the update to the integrated national energy and climate plan referred to in Article 14(2) of Regulation (EU) 2018/1999 in accordance with the procedure and timeline laid down in that Article following the application of the Partnership Principle. The Plan shall contain a coherent set of measures and investments to accelerate the decarbonisation of transport and buildings and to pre-emptively and concurrently address the impact of carbon pricing on vulnerable households, vulnerable micro-enterprises and vulnerable transport users in order to ensure affordable heating, electricity, cooling and mobility while accompanying andempowering local communities to take ownership in accelerating necessary measures to meet the climate targets of the Union in a socially fair way.
Amendment 190 #
2021/0206(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The Plan may include national measures providing temporary direct income support to vulnerable households and households that are vulnerable transport users to reduce the impact of the increase in the price of fossil fuels resulting from the incrising energy prices and/or the impact of emission pricing on electricity, heating and transport, while quickly providing long-term solustion of buildings and road transport into the scope of Directive 2003/87/ECfor reducing energy and transport cost through renovation and other measures under the scope of article 6 of this regulation at no additional cost to the final beneficiary.
Amendment 196 #
2021/0206(COD)
Proposal for a regulation
Article 3 – paragraph 3 – introductory part
Article 3 – paragraph 3 – introductory part
3. The Plan shall include national, regional and local projects to:
Amendment 202 #
2021/0206(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point a
Article 3 – paragraph 3 – point a
(a) finance measures and investments to increase energy efficiency of buildings, to implement energy efficiency improvement measures, to carry out building renovation, and to decarbonise heating and cooling of buildings, including the integration of energy production from renewable energy sources by tenants, cooperatives and renewable energy communities;
Amendment 209 #
2021/0206(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point b
Article 3 – paragraph 3 – point b
(b) finance measures and investments to increase the availability of public transport and the uptake of zero- and low- emission mobility and transport especially in rural and remote areas.
Amendment 212 #
2021/0206(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point b a (new)
Article 3 – paragraph 3 – point b a (new)
(b a) Plans shall be made public and accessible.
Amendment 213 #
2021/0206(COD)
Proposal for a regulation
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3 a. national policy reforms addressing non-monetary barriers to improvements in transport, building efficiency and renewable energy use including local community led projects to facilitate and to accelerate the socially fair transition towards climate neutrality;
Amendment 215 #
2021/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) concrete measures including policy reform and investments in accordance with Article 3 to reducneutralize the effects referred to in point (c) of this paragraph together with an explanation of how they would contribute effectively to the achievement of the objectives set out in Article 1 within the overall setting of a Member State’s relevant policies;
Amendment 217 #
2021/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a a (new)
Article 4 – paragraph 1 – point a a (new)
(a a) proportion of the fund set aside for community-led local development, planned use and arrangements to encourage and deliver Integrated territorial development and community led local development as defined and detailed under chapter 2 European Code of Conduct on Partnership, as well as the arrangements for engaging and building capacity at the local and regional levels to engage and empower local communities, civil society and households affected by energy and mobility poverty or at risk thereof, in the project development and decision making;
Amendment 220 #
2021/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) concrete accompanying measures including policy reform needed to accomplish the measures and investments of the Plan and reduce the effects referred to in point (c) as well as information on existing or planned financing of measures and investments from other Union, international, public or private sources;
Amendment 224 #
2021/0206(COD)
Proposal for a regulation
Recital 14 b (new)
Recital 14 b (new)
(14b) Workers in the building and renovation sectors are particularly at risk of exposure to asbestos. Therefore, requirements for the mandatory asbestos screening, registering, and removal of asbestos and other dangerous substances are needed before any renovation works start. Energy renovations shall be the opportunity to safely remove asbestos from buildings.
Amendment 230 #
2021/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
(d) where the Plan provides for measures referred to in Article 3(2), the criteria for the identification of eligible final recipients, the indication of the envisaged time limit for the measures in question and their justification on the basis of a quantitative estimate and a qualitative explanation of how the long-term measures in the Plan such as renovation measures, investment in public transport infrastructure are expected to reduce energy and transport poverty and the vulnerability of households, micro- enterprises and transport users to an increase of road transport and heating fuel prices;
Amendment 240 #
2021/0206(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Ensuring that the measures and investments are particularly targeted towards energy poor or vulnerable households, vulnerable micro-enterprises and vulnerable transport users is key for a just transition towards climate neutrality. Support measures to promote reductions in greenhouse gas emissions should help Member States to address the social impacts arising from the emissions trading for the sectors of buildings and road transporof the transition, notably from the higher energy prices. The Fund should promote energy renovations planned to achieve substantial energy savings after works are completed. Such deep renovations should be entirely taken over by the Fund and Member States when it aims to support vulnerable households. Vulnerable households should also be accompanied throughout the process of the renovation and during its assessment.
Amendment 242 #
2021/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point h
Article 4 – paragraph 1 – point h
(h) an explanation of how the Plan ensures that no investment or measure, included in the Plan does significant harm to environmental objectives within the meaning of Article 17 of Regulation (EU) 2020/852, does not finance projects linked to fossil fuel and should promote high quality employment and decent working conditions; the Commission shall provide technical guidance to the Member States targeted to the scope of the Fund to that effect; no explanation is required for the measures referred to in Article 3(2);
Amendment 243 #
2021/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point h a (new)
Article 4 – paragraph 1 – point h a (new)
(h a) the arrangements to prevent bureaucratic burden on household beneficiaries receiving support from the Fund;
Amendment 244 #
2021/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point i
Article 4 – paragraph 1 – point i
(i) the arrangements for the effective monitoring and implementation of the Plan by the Member State concerned and in accordance with the Partnership Principle, in particular of the proposed milestones and targets, including indicators for the implementation of measures and investments, which, where relevant, shall be those available with the Statistical office of the European Union European Statistical Office and the European Energy Poverty Observatory as identified by Commission Recommendation 2020/156354 on energy poverty, the involvement of partners and, where relevant, the composition of the monitoring committee, in accordance with the European Code of Conduct on Partnership; _________________ 54 OJ L 357, 27.10.2020, p. 35.
Amendment 247 #
2021/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point i a (new)
Article 4 – paragraph 1 – point i a (new)
(i a) Member states shall provide information to final beneficiaries about eligibility and how to access funding and make arrangements for personal assistance and guidance. Member Sattes shall lay down a detailed communication strategy that they will use to reach out and communicate to people who are energy poor and/or mobility poor or at risk thereof respectively.
Amendment 248 #
2021/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point j
Article 4 – paragraph 1 – point j
(j) for the preparation and, where available, for the implementation of the Plan, a summary of the consultation process, conducted in accordance with Article 10 of Regulation (EU) 2018/1999 and with the national legal framework, of local and regional and local authorities, social partnertrade unions, civil society organisations, youth organisations and other relevant stakeholders, and how the input of the stakeholders is reflected in the Plan, households affected by energy poverty or mobility poverty and other relevant stakeholders, and how stakeholders are involved in the development and decision making of the Plan and its individual projects;
Amendment 252 #
2021/0206(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Pending the impact of those investments on reducing costs and emissions, well targeted direct income support for the most vulnerable would help the just transition. Such support should be understood to be a temporary measure in force until investments have allowed for affordable and accessible low-carbon alternatives, aiming to accompanying the decarbonisation of the housing and transport sectors. It would not be permanent as it does not address the root causes of energy and transport poverty. Such support should only concern direct impacts of the inclusion of building and road transport into the scope of Directive 2003/87/EC, not electricity or heating costs related to the inclusion of power and heat production in the scope of that Directive. Eligibility for such direct income support should be limited in timeHowever, the European Union is facing, and is likely to continue to face in the short and medium term, a sharp spike in energy prices. Vulnerable households, vulnerable micro-enterprises and vulnerable transport users are facing higher energy bills while they have been hardly hit by the social crisis of the Covid- 19, exacerbating energy poverty. Therefore, direct income support could be devoted to cover the first kW/h enabling the heating/cooling of vulnerable households’ housings. It could also enable vulnerable households to make the necessary trips to meet their basic socio- economic needs. In both cases, this support would cover all means of heating/cooling, carbon-based and decarbon-based, as well as all means of transport, individual and collective, carbon-based and decarbon-based, until it allows people to meet their basic needs.
Amendment 253 #
2021/0206(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point a
Article 5 – paragraph 2 – point a
(a) substantial energy efficiency gains;
Amendment 254 #
2021/0206(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point a a (new)
Article 5 – paragraph 2 – point a a (new)
(a a) renewable energy generation on- site or as part of an energy cooperative or energy community project;
Amendment 255 #
2021/0206(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point b
Article 5 – paragraph 2 – point b
(b) building renovation with substantial energy cost saving for occupants;
Amendment 260 #
2021/0206(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point c
Article 5 – paragraph 2 – point c
(c) public transport, zero- and low- emission mobility and transport;
Amendment 265 #
2021/0206(COD)
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) Vulnerable households, vulnerable transport users and vulnerable micro enterprises should be sufficiently informed about the existence of the Fund and about the means to benefit from direct income support and from investments, otherwise the Fund will fail to achieve its objectives. Therefore, targeted, accessible and affordable information, education, awareness and advice on cost-effective measures and investments shall be accessible to households and citizens. Support for building renovations and energy efficiency, including through energy audits of buildings and one-stop-shops shall also be provided.
Amendment 268 #
2021/0206(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point e a (new)
Article 5 – paragraph 2 – point e a (new)
(e a) phase out of fossil fuels;
Amendment 269 #
2021/0206(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point e b (new)
Article 5 – paragraph 2 – point e b (new)
(e b) enterprises benefiting from the Social Climate Fund shall be conditional on the respect of applicable working conditions and employers’ obligations resulting from labour law and/or collective agreements and for the full application of the European Pillar of Social Rights.
Amendment 274 #
2021/0206(COD)
Proposal for a regulation
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3 a. The Fund shall not support: a. the decommissioning or the construction of nuclear power stations; b. an undertaking in difficulty, as defined in point (18) of Article 2 of Commission Regulation (EU) No 651/2014 (18); c. investment related to the production, processing, transport, distribution, storage or combustion of fossil fuels; d. investment related to the use of forest biomass for energy purposes or to the use for energy purposes of cereal and other starch-rich crops, sugars and oil crops and crops grown as main crops primarily for energy purposes on agricultural land; e. any investment in companies which are linked to [violations of fundamental and human rights, as set out inter alia, under the International Bill of Human Rights, ILO Conventions, the European Convention on Human Rights, the Charter of Fundamental Rights of the EU and the European Pillar of Social Rights.This includes, amongst others, freedom of association, the right to collective bargaining and collective action, and the right to decent working conditions; f. Any investment that would lead to direct increase in housing prices for population below the poverty line and therefore be equivalent to deliberate “renoviction”.
Amendment 277 #
2021/0206(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States may include the costs of measures providing temporary direct income support to vulnerable households and vulnerable households that are transport users to absorb the increase in road transport and heating fuel prices. Such support shall decrease over time and be limited to the direct impact of the emission trading for buildings and road transportinversely decrease after long- term solutions such as renovations have been completed and ensuring that the impact of the transition is economically and socially neutral for households and reduce gender and climate inequalities. Eligibility for such direct income support shall cease within the time limits identified under Article 4(1) point (d).
Amendment 277 #
2021/0206(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Taking into account the importance of tackling climate change in line with Paris Agreement commitments, and the commitment to the United Nations Sustainable Development Goals, the actions under this Regulation should contribute to the achievement of the target that 30% of all expenditure under the 2021- 2027 multiannual financial framework should be spent on mainstreaming climate objectives and should contribute to the ambition of providing 10% of annual spending to biodiversity objectives in 2026 and 2027, while considering the existing overlaps between climate and biodiversity goals. For this purpose, the methodology set out in Annex II of Regulation (EU) 2021/1060 of the European Parliament and of the Council33 should be used to tag the expenditures of the Fund. The Fund should support activities that fully respect the climate and environmental standards and priorities of the Union and comply with the principle of ‘do no significant harm’ within the meaning of Article 17 of Regulation (EU) 2020/852 of the European Parliament and of the Council34 . Therefore, the Fund should not be used to finance projects linked to fossil fuel. Moreover, the Fund should promote high quality employment and decent working conditions. Only such measures and investments should be included in the Plans. Direct income support measures should as a rule be considered as having an insignificant foreseeable impact on environmental objectives, and as such be considered compliant with the principle of ‘do no significant harm’. The Commission intends to issue technical guidance to the Member States well ahead of the preparation of the Plans. The guidance will explain how the measures and investments must comply with the principle of ‘do no significant harm’ within the meaning of Article 17 of Regulation (EU) 2020/852. The Commission intends to present in 2021 a proposal for a Council Recommendation on how to address the social aspects of the green transition. _________________ 33 Regulation (EU) 2021/1060 of the European Parliament and of the Council of 24 June 2021 laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, the Just Transition Fund and the European Maritime, Fisheries and Aquaculture Fund and financial rules for those and for the Asylum, Migration and Integration Fund, the Internal Security Fund and the Instrument for Financial Support for Border Management and Visa Policy (OJ L 231, 30.6.2021, p. 159). 34 Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU) 2019/2088 (OJ L 198, 22.6.2020, p. 13).
Amendment 280 #
2021/0206(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Women are particularly affected by carbon pricing as theynot only disproportionately affected by climate change but they are also bearing the cost of the ecological transition in full force. The Commission’s Gender Equality Strategy 2020-2025 stresses that women and men are not equally affected by the clean transition as there are more women in energy poverty, and more women use public transport. Furthermore, the cost increase linked to the transition particularly affected women because, among other things, of pay and pension gaps. Moreover, they are more likely to live under the poverty line and represent 85% of single parent families. Single parent families have a particularly high risk of child poverty. Gender equality and equal opportunities for all, the fight against discrimination and the mainstreaming of those objectives, as well as questions of accessibility for persons with disabilities should be taken into account and promoted throughout thpromoted and should guide the whole preparation and implementation of Plans to ensure no one is left behind.
Amendment 289 #
2021/0206(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) support quality building renovations, especially for those occupying worst- performing buildings, including in the form of financial support or fiscal incentives such as deductibility of renovation costs from the rent, independently of the ownership of the buildings concerned; ensuring the costs of the renovation do not impact households, in particular tenants, and micro enterprises financial support can be granted energy poor households to cover the full cost of renovation;
Amendment 299 #
2021/0206(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b a (new)
Article 6 – paragraph 2 – point b a (new)
(b a) support for energy poor and vulnerable households own on-site renewable energy generation and participation in renewable energy cooperatives and energy community projects;
Amendment 301 #
2021/0206(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Member States should submit their Plans together with the update of their integrated national energy and climate plans in accordance with Article 14 of Regulation (EU) 2018/1999 of the European Parliament and of the Council35 . The Plans should include the measures to be financed, their estimated costs and the national contribution. They should also include key milestones and targets to monitor and assess the effective implementation of the measures. The Plans should be easily accessible to the public, including through the European Commission website. _________________ 35 Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council (OJ L 328, 21.12.2018, p. 1).
Amendment 303 #
2021/0206(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) support public and private entities in developing andnon-for profit entities providing affordable energy efficiency renovation solutions and appropriate funding instrumentcovering the full cost of renovation for energy poor households in line with the social goals of the Fund;
Amendment 311 #
2021/0206(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point d
Article 6 – paragraph 2 – point d
(d) provide access to zero- and low- emission vehicles and bikes, including covering cost, financial support or fiscal incentives for their purchase as well as for appropriate public and private infrastructure, including for recharging and refuelling; for support concerning low- emission vehicles, a timetable for gradually reducing the support shall be provided along with the implementation of long- term solutions at no additional cost to household beneficiaries;
Amendment 321 #
2021/0206(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point f
Article 6 – paragraph 2 – point f
(f) support public and privatenon-for profit entities in developing and providing affordable zero- and low-emission mobility and transport services and the uptake of attractive active mobility options for rural, insular, mountainous, remote and less accessible areas or for less developed regions or territories, including less developed peri-urban areas.
Amendment 352 #
2021/0206(COD)
Proposal for a regulation
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3 a. The above mentioned amount can be increased if the measures taken to achieve decarbonisation have a more significant impact than foreseen.
Amendment 352 #
2021/0206(COD)
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24a) Underlining that in case of money raised through the implementation of a Fund related to climate, the revenues shall entirely be directed to measures aiming to achieve climate neutrality, and in particular, should target citizens with the objective of reducing climate inequalities.
Amendment 368 #
2021/0206(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
Amendment 370 #
2021/0206(COD)
Proposal for a regulation
Article 15 – paragraph 1 b (new)
Article 15 – paragraph 1 b (new)
1 b. whether the Plan has been developed with the meaningful participation of reginal and local authorities, trade unions, civil society organisations, youth organisations, households affected by energy poverty or mobility poverty and other relevant stakeholders, in accordance with the principles and processes outlined in the European Code of Conduct on Partnership;
Amendment 371 #
2021/0206(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point a – point i
Article 15 – paragraph 2 – point a – point i
(i) whether the Plan represents a response to the social impact on and challenges faced by vulnerable households, vulnerable micro-enterprises and vulnerable transport users in the Member State concerned from establishing the emission trading system for buildings and road transport established pursuant to Chapter IVa of Directive 2003/87/EC, especially households in energy poverty, duly taking into account the challenges identified in the assessments of the Commission of the update of the concerned Member State’s integrated national energy and climate plan and of its progress pursuant to Article 9(3), and Articles 13 and 29 of Regulation (EU) 2018/1999, as well as in the Commission recommendations to Member States issued pursuant to Article 34 of Regulation (EU) 2018/1999 in view of the long-term objective of climate neutrality in the Union by 2050. This shall take into account the specific challenges and the financial allocation of the Member State concerned;
Amendment 388 #
2021/0206(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point b – point ii
Article 15 – paragraph 2 – point b – point ii
(ii) whether the arrangements proposed by the Member State concerned are expected to ensure the effective monitoring and implementation of the Plan, including the involvement of all relevant stakeholders according to the Partnership Principle, envisaged timetable, milestones and targets, and the related indicators;
Amendment 391 #
2021/0206(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point b a (new)
Article 15 – paragraph 2 – point b a (new)
(b a) whether the measures and investments included in the plan deliver adequately on the potential synergies between climate, environment and social targets to meet the EU's 2030 targets and commitments to achieve the sustainable development goals.
Amendment 392 #
2021/0206(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point c – point i
Article 15 – paragraph 2 – point c – point i
(i) whether the justification provided by the Member State for the amount of the estimated total costs of the Plan is reasonable, plausible, in line with the principle of cost efficiency and commensurate to the expected national environmental and social impact; and ensures that the impact of the green transition is economically and socially neutral for energy poor, mobility poor, vulnerable households, vulnerable transport users and vulnerable micro- enterprises and meets the objective of reducing climate inequalities taking into consideration gender inequalities as women and single parent households are more likely to be affected by energy and transport poverty;
Amendment 394 #
2021/0206(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Where a Social Climate Plan, including relevant milestones and targets, is no longer achievable, either in whole or in part, by the Member State concerned because of objective circumstances, in particular because of the actual direct effects of the emission trading system for buildings and road transport established pursuant to Chapter IVa of Directive 2003/87/EC, the Member State concerned may submit to the Commission an amendment of its Plan to include the necessary and duly justified changes. Member States may request technical support for the preparation of such request.
Amendment 399 #
2021/0206(COD)
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
5. By 15 March 2027 each Member State concerned shall assess the appropriateness of its Plans in view of the actual direct effects of the emission trading system for buildings and road transport established pursuant to Chapter IVa of Directive 2003/087/ECand other measures geared towards the green transition. Those assessments shall be submitted to the Commission as part of the biennial progress reporting pursuant to Article 17 of Regulation (EU) 2018/1999.
Amendment 405 #
2021/0206(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. The Commission shall assess without undue delay, and at the latest within two months of receiving the request, whether the relevant milestones and targets set out in the Commission decision referred to in Article 16 have been satisfactorily fulfilled. The assessment shall include an evaluation of the involvement of regional and local stakeholders according to the Partnership Principle. The satisfactory fulfilment of milestones and targets shall presuppose that measures related to previously satisfactorily fulfilled milestones and targets have not been reversed by the Member State concerned. The Commission may be assisted by experts.
Amendment 405 #
2021/0206(COD)
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
The general objective of the Fund is to contribute to the transition towards climate neutrality by addressing the social impacts of the inclusion of greenhouse gas emissions from buildings and road transport into the scope of Directive 2003/87/ECsocially fair alleviation of energy and transport poverty by having the objective of reducing climate inequalities and by providing support and empowering local communities, vulnerable households, vulnerable micro- enterprises and vulnerable transport users, especially those classed as vulnerable or with low capacity to invest. The specific objective of the Fund is to support vulnerable households, vulnerable micro- enterprises and vulnerable transport users through temporary direct income support until investments have allowed for affordable and accessible low-carbon alternatives to be created, and through targeted measures and investments intended to phase-out fossil fuels, increase energy efficiency and energy performance of buildings, decarbonisation of heating and cooling of buildings, including the integration of energy from renewable sources, and granting improved access to zero- and low-emission mobility and transport.
Amendment 407 #
2021/0206(COD)
Proposal for a regulation
Article 21 – paragraph 1 a (new)
Article 21 – paragraph 1 a (new)
ensure the Partnership Principle as a guiding principle, both in the drafting and implementation phase of the Funds. National Parliaments, local and regional authorities, civil society and trade unions must be involved in the drafting, approval and monitoring processes.
Amendment 413 #
2021/0206(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. The Commission shall monitor the implementation of the Fund and measure the achievement of its objectives. Theimplementation and the measurement of the objectives’ achievements of the Fund shall be monitored under the Partnership Principal and include mandatory involvement of national parliaments and local and regional authorities. The Commission's monitoring of implementation shall be targeted and proportionate to the activities carried out under the Fund.
Amendment 414 #
2021/0206(COD)
Proposal for a regulation
Article 23 – paragraph 2 a (new)
Article 23 – paragraph 2 a (new)
2 a. The European Parliament shall be involved in the monitoring process of the Fund.
Amendment 417 #
2021/0206(COD)
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. The evaluation report shall, in particular, assess to which extent the objectives of the Fund laid down in Article 1 have been achieved, the efficiency of the use of the resources and the Union added value. It shall consider the continued relevance of all objectives and actions set out in Article 6 in light of the impact on greenhouse gas emissions from the emission trading system for buildings and road transport pursuant to Chapter IVa of Directive 2003/87/EC and from the national measures taken to meet the binding annual greenhouse gas emission reductions by Member States pursuant to Regulation (EU) 2018/842 of the European Parliament and of the Council63 . It shall also consider the continued relevance of the financial envelope of the Fund in relation to possible developments concerning the auctioning of allowances under the emission trading system for buildings and road transport pursuant to Chapter IVa of Directive 2003/87/EC and other relevant considerations. _________________ 63Regulation (EU) 2018/842 of the European Parliament and of the Council of 30 May 2018 on binding annual greenhouse gas emission reductions by Member States from 2021 to 2030 contributing to climate action to meet commitments under the Paris Agreement and amending Regulation (EU) No 525/2013 (OJ L 156, 19.6.2018, p. 26-42).
Amendment 466 #
2021/0206(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 11
Article 2 – paragraph 1 – point 11
(11) ‘vulnerable households’ means households in energy poverty orand households, including lower middle- income ones, at risk of energy poverty, that lack the means to renovate the building they occupy that are significantly affected by the price impacts of the incluscost implications of buildings into the scope of Directive 2003/87/EC and lack the means to renovate the building they occuptransition toward a climate neutrality;
Amendment 510 #
2021/0206(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Each Member State shall submit to the Commission a Social Climate Plan (‘the Plan’) together with the update to the integrated national energy and climate plan referred to in Article 14(2) of Regulation (EU) 2018/1999 in accordance with the procedure and timeline laid down in that Article, following the consultation process set in Article 3a. The Plan shall contain a coherent set of measures and investments to address the impact of carbon pricingccelerate the decarbonisation of transport and buildings and to pre- emptively and concurrently address the impact of energy and transport poverty on vulnerable households, vulnerable micro- enterprises and vulnerable transport users in order to ensure affordable heating, cooling and mobility while accompanying and accelerating necessary measures to meet the climate targets of the Union while having the objective of reducing climate inequalities. The plan should also focus on the creation of sustainable quality jobs in the mobility and construction sectors.
Amendment 528 #
2021/0206(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The Plan may include national measures providing temporary direct income support to vulnerable households and households that are vulnerable transport users to reduce the impact of the increase in the price of fossil fuels resulting from the inclusion of buildings and road transport into the scope of Directive 2003/87/ECuntil investments have allowed for affordable and accessible low- carbon alternatives to be created, to vulnerable households and households that are vulnerable transport users to reduce the impact of energy and transport poverty, while quickly providing long-term solution for reducing energy and transport cost through building renovations and other measures under Article 6 at no additional cost for the final beneficiary.
Amendment 561 #
2021/0206(COD)
(b) finance measures and investments to increase the accessibility and availability of public transports, its affordability, the infrastructure development the uptake of zero- and low- emission mobility and transport.
Amendment 573 #
2021/0206(COD)
Proposal for a regulation
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. The Plan shall be made public and accessible.
Amendment 629 #
2021/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point h
Article 4 – paragraph 1 – point h
(h) an explanation of how the Plan ensures that no investment or measure, included in the Plan does significant harm to environmental objectives within the meaning of Article 17 of Regulation (EU) 2020/852, does not finance projects linked to fossil fuel and promotes high quality employment and decent working conditions; the Commission shall provide technical guidance to the Member States targeted to the scope of the Fund to that effect; no explanation is required for the measures referred to in Article 3(2);
Amendment 633 #
2021/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point i
Article 4 – paragraph 1 – point i
(i) the arrangements for the effective monitoring and implementation of the Plan by the Member State concerned, to be undertaken in close consultation and meaningful participation of all relevant social stakeholders in accordance with the European Code of Conduct on Partnership, in particular of the proposed milestones and targets, including indicators for the implementation of measures and investments, which, where relevant, shall be those available with the Statistical office of the European Union European Statistical Office and the European Energy Poverty Observatory as identified by Commission Recommendation 2020/156354 on energy poverty; _________________ 54 OJ L 357, 27.10.2020, p. 35.
Amendment 656 #
2021/0206(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point b
Article 5 – paragraph 2 – point b
(b) building renovation with substantial energy cost saving for occupants;
Amendment 681 #
2021/0206(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point e a (new)
Article 5 – paragraph 2 – point e a (new)
(ea) creation of sustainable quality jobs.
Amendment 692 #
2021/0206(COD)
Proposal for a regulation
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. The activities financed by the Fund shall be subject to a social conditionality. Any activity financed by the Fund and necessitating the hiring of workers should be conditional to decent wages, decent working conditions - including for health and safety aspects- and direct employment contracts, adequate trade union representation, social dialogue and collective bargaining rights. Any activity financed by the fund shall therefore respect applicable collective agreements as well as social and labour law at national and EU and ILO conventions.
Amendment 723 #
2021/0206(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) support quality building renovations, especially for those occupying worst- performing buildings, including in the form of financial support or fiscal incentives, including on-bill such as deductibility of renovation costs from the rentemes or specific support for the renovation of social housing, independently of the ownership of the buildings concerned;
Amendment 752 #
2021/0206(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) support public and private entities in developing and providing affordable energy efficiency renovation solutions and appropriate funding instruments covering the full cost of renovation for energy poor households in line with the social goals of the Fund;
Amendment 919 #
2021/0206(COD)
Amendment 947 #
2021/0206(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point a – point iii a (new)
Article 15 – paragraph 2 – point a – point iii a (new)
(iiia) whether the Plan is expected to ensure that no measure or investments included in the plan benefits to companies that do not respect applicable working and employment conditions resulting from relevant collective agreements and social and labour law at national, Union and international levels (International Labour Organization (ILO) Conventions), inter alia in the field of awareness of conditions of employment, remuneration, working time, health and safety, housing, gender equality, free movement of workers, equal treatment, posting of workers, conditions of stay of third- country nationals, protection in the event of termination of employment, temporary agency work, social protection, social security coordination.
Amendment 950 #
2021/0206(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point a – point iii b (new)
Article 15 – paragraph 2 – point a – point iii b (new)
(iiib) whether the Plan is expected to have a lasting positive impact regarding the creation of sustainable quality jobs.
Amendment 951 #
2021/0206(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point a – point iii c (new)
Article 15 – paragraph 2 – point a – point iii c (new)
(iiic) whether the Plan has been developed through an adequate consultation process in accordance with the European code of conduct on partnership (Commission Delegated Regulation No 240/2014);
Amendment 986 #
2021/0206(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Where a Social Climate Plan, including relevant milestones and targets, is no longer achievable, either in whole or in part, by the Member State concerned because of objective circumstances, in particular because of the actual direct effects of the emission trading system for buildings and road transport established pursuant to Chapter IVa of Directive 2003/87/EC, the Member State concerned maythe Member State concerned may, where relevant following the consultation of social partners and regional and local authorities, and in the framework of the Partnership Principle, submit to the Commission an amendment of its Plan to include the necessary and duly justified changes. Member States may request technical support for the preparation of such request.
Amendment 1070 #
2021/0206(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point g a (new)
Article 23 – paragraph 1 – point g a (new)
(ga) information on the involvement of trade union organisations and employers' organisations, local and regional authorities, civil society organisations, youth organisations and other relevant stakeholders in the implementation of the Plan.
Amendment 1071 #
2021/0206(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point g b (new)
Article 23 – paragraph 1 – point g b (new)
(gb) when applicable, detailed information on the number of sustainable quality jobs created through measures and investments supported by the Social Climate Fund.
Amendment 1075 #
2021/0206(COD)
Proposal for a regulation
Article 23 – paragraph 2 a (new)
Article 23 – paragraph 2 a (new)
2a. The European Parliament shall be involved in the monitoring process of the Fund.
Amendment 1106 #
2021/0206(COD)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
It shall apply from the date by which the Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Directive (EU) [yyyy/nnn] of the European Parliament and the Council64 amending Directive 2003/87/EC as regards Chapter IVa of Directive 2003/87/EC. _________________ 64 [Directive (EU) yyyy/nnn of the European Parliament and of the Council…. (OJ …..).] [Directive amending Directive 2003/87/EC]1st of January 2023.
Amendment 55 #
2021/0205(COD)
Proposal for a regulation
Recital 1
Recital 1
Amendment 63 #
2021/0205(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) From 2020, air transport has been one of the hardest hit sector by the COVID-19 crisis. With the perspective of an end to the pandemic in sight, it is expected that air traffic will gradually resume in the coming years and recover to its pre-crisis levels. At the same time, emissions from the sector have been increasing since 1990 and the trend of increasing emissions could return as we overcome the pandemic. Therefore, it is necessary to prepare for the future and make the necessary adjustments facilitating the modal shift to rail and other sustainable modes of transport and ensuring a well-functioning air transport market that contributes to achieving the Union’s climate goals, creating synergies with other transport modes with high levels of connectivity, safety and security.
Amendment 75 #
2021/0205(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) A key objective of the common transport policy is sustainable development. This requires an integrated approach aimed at ensuring both the effective funthe protectioning of Union transport systems and protection of the environmentthe environment and facilitating the modal shift to rail and other sustainable transport modes. Sustainable development of air transport requires the introduction of measures aimed at reducing the carbon and other non-carbon emissions from aircraft flying from Union airports to protect the environment and health. Such measures shouldall contribute to meeting the Union’s climate objectives by 2030 and 2050.
Amendment 81 #
2021/0205(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The Communication on a Sustainable and Smart Mobility Strategy10 adopted by the Commission in December 2020 sets a course of action for the EU transport system to achieve its green and digital transformation and become more resilient. The decarbonisation of the air transport sector is a necessary and challenging process, especially in the short term. Technological advancements, pursued in European and national research and innovation aviation programmes have contributed to important emission reductions in the past decades. However, the global growth of air traffic has outpaced the sector’s emissions reductions. Whereas a modal shift to rail and other sustainable transport modes are necessary for a long-term reduction of emissions and overall fuel consumption from aviation, new technologies are expected to help reducing remaining short-haul aviation’s reliance on fossil energy in the next decades, sustainable aviation fuels offer the only solution for significant decarbonisation of all flight ranges, already in the short term. However, this potential is currently largely untapped. _________________ 10Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: Sustainable and Smart Mobility Strategy – putting European transport on track for the future (COM/2020/789 final), 9.12.2020.
Amendment 85 #
2021/0205(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Sustainable aviation fuels are liquid, drop-in fuels, fully fungible with conventional aviation fuel and compatible with existing aircraft engines. Several production pathways of sustainable aviation fuels have been certified at global level for use in civil or military aviation. Sustainable aviation fuels are technologically ready to play an important role in reducing emissions from air transport already in the very short term. They are expected to account for a major part of the aviation fuel mix in the medium and long term. Further, with the support of appropriate international fuel standards, sustainable aviation fuels might contribute to lowering the aromatic content of the final fuel used by an operator, thus helping to reduce other non-CO2 emissions. Other alternatives to power aircraft, such as electricity or liquid hydrogen are expected to progressively contribute to the decarbonisation of air transport, beginning with short-haul flights. Fuel efficiency and an overall reduction in fuel consumption can help to increase the share of sustainable aviation fuels in the short to medium term as a percentage of total fuel consumption.
Amendment 98 #
2021/0205(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) This regulation aims in the first instance to set out a framework restoring and preserving a level playing field on the air transport market as regards the use of aviation fuels. Such a framework should prevent divergent requirements across the Union that would exacerbate refuelling practices distorting competition between aircraft operators or putting some airports at competitive disadvantage with others. In a second instance, it aims to gear the EU aviation market with robust rules to ensure that gradually increasing shares of sustainable aviation fuels can be introduced at EU airports without detrimental effects on the competitiveness of the EU aviation internal market.
Amendment 115 #
2021/0205(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The present Regulation should aim to ensure that aircraft operators can compete on the basis of equal opportunities as regards the access to sustainable aviation fuels. To avoid any distortions on the air services market, all Union airports covered by this Regulation should be supplied with uniform minimum shares of sustainable aviation fuels. Whereas the market is free to supply and use larger quantities of sustainable fuel, this Regulation should ensure that the mandatory minimum shares of sustainable aviation fuels are the same across all the covered airports. It supersedes any requirements established directly or indirectly at national or regional level requiring aircraft operators or aviation fuel suppliers to uptake or supply sustainable aviation fuels with different targets than the ones prescribed under this Regulation. In order to create a clear and predictable legal framework and in doing so encourage the market development and deployment of the most sustainable and innovative with growth potential to meet future needs fuel technologies, this Regulation should set out gradually increasing minimum shares of synthetic aviation fuels over time. Setting out a dedicated sub-obligation on synthetic aviation fuels is necessary in view of the significant decarbonisation potential of such fuels, and in view of their current estimated production costs. When produced from renewable electricity and carbon captured directly from the air, synthetic aviation fuels can achieve as high as 100% emissions savings compared to conventional aviation fuel. They also have notable advantages compared to other types of sustainable aviation fuels with regards to resource efficiency (in particular for water needs) of the production process. However, synthetic aviation fuels’ production costs are currently estimated at 3 to 6 times higher than the market price of conventional aviation fuel. Therefore, this Regulation should establish a dedicated sub-obligation for this technology. Other types of synthetic fuels, such as low carbon synthetic fuels achieving high greenhouse gas reductions, could be considered for inclusion in the scope of this Regulation in the course of future revisions, where such fuels become defined under the Renewable Energy Directive.
Amendment 149 #
2021/0205(COD)
Proposal for a regulation
Recital 32 a (new)
Recital 32 a (new)
(32 a) In order to increase the relative share of sustainable aviation fuels as a percentage of the total it is crucial to reduce overall fuel consumption in the aviation sector. Aircraft operators have to do their share to reduce fuel consumption by applying fuel efficiency measures, cutting fuel waste and by creating synergies with other transport operators to facilitate a modal shift to rail and other sustainable alternatives to short haul flights.
Amendment 150 #
2021/0205(COD)
Proposal for a regulation
Recital 32 b (new)
Recital 32 b (new)
(32 b) The European aviation research and innovation capacity, such as Clean Aviation Joint Undertaking, shall promote disruptive aircraft technological innovations that are able to decrease net emissions of greenhouse gasses, includingnon-CO2 impacts, by no less than 30 % by 2030, compared to 2020 state-of-the-art technology while paving the ground towards climate-neutral aviation by 2050 and shall ensure that the technological and the potential industrial readiness of innovations can support the launch of disruptive new products and services by 2035, with the aim of replacing 75 % of the operating fleet by 2050 and developing an innovative, reliable, safe and cost-effective European aviation system that is able to meet the objective of climate neutrality by 2050 at the latest.
Amendment 157 #
2021/0205(COD)
Proposal for a regulation
Article 3 – paragraph 1 – indent 2
Article 3 – paragraph 1 – indent 2
— ‘aircraft operator’ means a person that operated at least 729 commercial air transport flights departing from Union airports in the reporting period or, where that person may not be identified, the owner of the aircraft;
Amendment 178 #
2021/0205(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
Union airports shall ensure that all aircraft operators including small aircraft operators can cover their demand for sustainable aviation fuels.
Amendment 199 #
2021/0205(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
The Agency shall assess the information received and inform the Commission if such information allows to conclude that the Union airport does not fulfil its obligations. In case of non-compliance relevant Member State authority shall impose a fine in accordance with Article 11. Union airports shall take the necessary measures to identify and address the lack of adequate airport infrastructure in 5 years after the entry into force of theis Regulation or after the year when they exceed one of the thresholds in Article 3(a).
Amendment 206 #
2021/0205(COD)
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
Measures taken under the obligation to reduce overall fuel consumption under Article 4a (new).
Amendment 212 #
2021/0205(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
The Agencypublic shall have access to the Union database andonce the information has been verified at Member State level pursuant to Article 28 of Directive (EU) 2018/2001. The Agency shall use the information contained in the Union database, once the information has been verified at Member State level pursuant to Article 28 of Directive (EU) 2018/2001.
Amendment 222 #
2021/0205(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
(1) Member StatesThe Union shall lay down the rules on penalties applicable to infringements of the provisions adopted pursuant to this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. Member States shall take all measures necessary to ensure that such penalties are implemented. Member States shall notify these provisions to the Commission by 31 December 2023 at the latest and shall notify it without delay of any subsequent amendment affecting them.
Amendment 233 #
2021/0205(COD)
(7) Member States shall have the necessary legal and administrative framework in place at national level to ensure the fulfilment of the obligations and the collection of the administrative fines. Member States shall transfer the amount collected through those administrative fines as contribution to the InvestEU Green Transition Investment Facility, as a top-up to the EU guaranteefines. The fines collected under Article 11 shall be allocated to financing a modal shift towards sustainable alternatives to short haul flights.
Amendment 248 #
2021/0205(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
By 1 January 2028 and every five years thereafter, the Commission services shall present a report to the European Parliament and the Council, on the evolution of the aviation fuels market and its impact on the aviation internal market of the Union, including regarding the possible extension of the scope of this Regulation to other energy sources, and other types of synthetic fuels defined under the Renewable Energy Directive, the possible revision of the minimum shares in Article 4 and Annex I, and the level of administrative fines. The report shall include information, where available, on development of a potential policy framework for uptake of sustainable aviation fuels at ICAO level. The report shall contain an assessment of aircraft operators fuel consumption, their measures to improve fuel efficiency and progress towards decreasing overall fuel consumption. The report shall also inform on technological advancements in the area of research and innovation in the aviation industry which are relevant to sustainable aviation fuels, including with regards to the reduction of non-CO2 emissions. The report shall identify short haul flights that can be replaced by sustainable alternatives to short haul flights and make recommendations that facilitate such a modal shift. The report may consider if this Regulation should be amended and, options for amendments, where appropriate, in line with a potential policy framework on sustainable aviation fuels uptake at ICAO level. The report shall be made public.
Amendment 14 #
2021/0202(COD)
Proposal for a decision
Recital 5
Recital 5
(5) The Union committed to reduce the Union’s economy-wide net greenhouse gas emissions by at least 55 % by 2030 below 1990 levels in the updated nationally determined contribution submitted to the UNFCCC Secretariat on 17 December 202028 . , remaining below the science- based target of the Paris Agreement of at least 65% of reduction necessary in order to limit global warming to 1.5°C degrees. _________________ 28 https://www4.unfccc.int/sites/ndcstaging/P ublishedDocuments/European %20Union %20First/EU_NDC_Submission_Decembe r %202020.pdf
Amendment 16 #
2021/0202(COD)
Proposal for a decision
Recital 8
Recital 8
(8) In order to address the structural imbalance between supply and demand of allowances in the market, Decision (EU) 2015/1814 of the European Parliament and of the Council31 established a market stability reserve (the ‘reserve’) in 2018, which has been operational since 2019, highlighting the structural imbalance of the ETS system and its inability to ensure sufficient emission reductions. _________________ 31 Decision (EU) 2015/1814 of the European Parliament and of the Council of 6 October 2015 concerning the establishment and operation of a market stability reserve for the Union greenhouse gas emission trading scheme and amending Directive 2003/87/EC (OJ L 264, 9.10.2015, p. 1).
Amendment 335 #
2021/0050(COD)
Proposal for a directive
Recital 25
Recital 25
(25) Employers with at least 250 workers should regularly report on pay, in a suitable and transparent manner, such as including the information in their management report. Companies subject to the requirements of Directive 2013/34/EU of the European Parliament and of the Council52 may also choose to report on pay alongside other worker- related matters in their management report. _________________ 52 Directive 2013/34/EU, as amended by Directive 2014/95/EU of the European Parliament and of the Council of 22 October 2014 as regards disclosure of non- financial and diversity information by certain large undertakings and groups (OJ L 330, 15.11.2014, p. 1).
Amendment 355 #
2021/0050(COD)
Proposal for a directive
Recital 29
Recital 29
(29) Joint pay assessments should trigger the review and revision of pay structures in organisations with at least 250 workersany undertaking that shows pay inequalities. The joint pay assessment should be carried out by employers in cooperation with workers’ representatives; if workers’ representatives are absent, they should be designated for this purposeor freely elected for this purpose either by trade unions or members of such unions, or by the workers of the undertaking in accordance with provisions of national laws or regulations of collective agreements. Joint pay assessments should lead to the elimination of gender discrimination in pay.
Amendment 413 #
2021/0050(COD)
Proposal for a directive
Recital 40
Recital 40
(40) In accordance with the case-law of the Court, national rules on time limits for the enforcement of rights under this Directive should be such that they cannot be regarded as capable of rendering virtually impossible or excessively difficult the exercise of those rights. Limitation periods create specific obstacles for victims of gender pay discrimination. For that purpose, common minimum standards should be established. Those standards should determine when the limitation period begins to run, the duration thereof and the circumstances under which it is interrupted or suspended and provide that the limitation period for bringing claims is at least threfive years.
Amendment 498 #
2021/0050(COD)
Proposal for a directive
Article 3 – paragraph 1 – point f a (new)
Article 3 – paragraph 1 – point f a (new)
(fa) ‘work of equal value’ means work that is determined to be of equal value in accordance with non-discriminatory and objective gender-neutral criteria as set out in Article 4(3).
Amendment 501 #
2021/0050(COD)
Proposal for a directive
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) ‘category of workers’ means workers performing the same work or work of equal value grouped by the workers’ employer based on criteria as laid down in Article 4 of this Directive and specified by the employer concerned in consultation with workers’ representatives;
Amendment 507 #
2021/0050(COD)
Proposal for a directive
Article 3 – paragraph 1 – point g a (new)
Article 3 – paragraph 1 – point g a (new)
(ga) ‘workers' representatives’ means: (a) trade union representatives, namely, representatives designated or elected by trade unions or by members of such unions in accordance with national legislation and practice; (b) elected representatives, namely, representatives who are freely elected by the workers of the undertaking, not under the domination or control of the employer in accordance with provisions of national laws or regulations or of collective agreements and whose functions do not include activities which are the exclusive prerogative of trade unions; Where there exist (according to national law and practice) in the same undertaking both trade union representatives and elected representatives, appropriate measures shall be taken to ensure that the existence of elected representatives is not used to undermine the position of the trade unions concerned or their representatives, ensuring their exclusive prerogatives and rights as well as workers' right to organise in a trade union and to collective bargaining.
Amendment 513 #
2021/0050(COD)
Proposal for a directive
Article 3 – paragraph 1 – point i
Article 3 – paragraph 1 – point i
(i) ‘indirect discrimination’ means the situation where an apparently neutral provision, criterion or practice would put persons of one sex at a particular disadvantage compared with persons of the other sex, unless that provision, criterion or practice is objectively justified by a legitimate aim in accordance with the criteria laid down in article 4, and the means of achieving that aim are appropriate and necessary;
Amendment 515 #
2021/0050(COD)
Proposal for a directive
Article 3 – paragraph 1 – point i a (new)
Article 3 – paragraph 1 – point i a (new)
(ia) “intersectional discrimination” refers to discrimination on the basis of two or more grounds or characteristics or identities which operate and interact with each other at the same time in such a way as to be inseparable, producing distinct and specific forms of discrimination;
Amendment 520 #
2021/0050(COD)
Proposal for a directive
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. For the purposes of the principle of equal pay for equal work or work of equal value: a) the comparison is between a job carried out by a man and a woman; b) in circumstances when a person identifies as neither a man or a woman, the comparison is with the person that, carrying out equal work or work of equal value, has the highest pay.
Amendment 531 #
2021/0050(COD)
Proposal for a directive
Article 4 – paragraph -1 (new)
Article 4 – paragraph -1 (new)
-1. Member States shall clarify the concept of ‘work of equal value’ in national law, in accordance with the case law of the Court and point 10 of Recommendation 2014/124/EU, basing the value of work on objective, gender neutral criteria in accordance with paragraph 3 of this article.
Amendment 547 #
2021/0050(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall take the necessary measures ensuring that tools or methodologies are established toand are easily accessible to workers and employers for the purpose of assessing and compareing the value of work in line with the criteria set out in this Article. These tools or methodologies mayshall be established with the involvement of social partners and the support of equality bodies, and shall include gender-neutral job evaluation and classification systems.
Amendment 560 #
2021/0050(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The tools or methodologies shall allow assessing, in regard to the value of work, whether workers are in a comparable situation, on the basis of objective gender- neutral criteria which shall include educational, professional and training requirements, skills, effort and responsibility, work undertakould include aspects of jobs carried out predominantly by women that are frequently overlooked. Those criteria shall include but not be limited to: a) educational, professional and training requirements, acquired learning and knowledge; b) skills, including experience, interpersonal skills, problem solving, judgement and the nature of the tasks involved. They shall not organisational skills; c) effort, including mental, emotional, psycho-social and physical effort; d) accountain or be based on criteria which are based, whether directly or indirectly, on workers’ sex. bility and responsibility, including for people, goods and equipment, information and financial resources; e) working conditions, including those relating to the working environment (physical, psychological and emotional) and the organisational environment.
Amendment 580 #
2021/0050(COD)
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Whenever differences in pay can be attributed to a single source establishing the pay conditions, the assessment whether workers are carrying out the same work or work of equal value shall not be limited to situations in which female and male workers work for the same employer but may be extended to that single source. The assessment shall also not be limited to workers employed at the same time or in the same sector as the worker concerned. Where no real comparator can be established, a comparison with a hypothetical comparator on the basis of the criteria referred to in paragraph 3 or the use of other evidence allowing to presume alleged discrimination shall be permitted. The hypothetical comparator shall facilitate cross-sectoral comparisons.
Amendment 587 #
2021/0050(COD)
Proposal for a directive
Article 4 – paragraph 5
Article 4 – paragraph 5
5. Where aMember States shall ensure that employers and workers' representatives are provided with the necessary tools and guidance to introduce gender-neutral job evaluation and classification system is useds for determining pay, it shall be based on the same criteria for both men and women and drawn up so as to exclude any discrimination on grounds of sex. Such job evaluation and classification systems shall be based on gender-neutral criteria drawn up so as to exclude any discrimination on grounds of sex and ensure that skills associated with female dominated jobs are not undervalued.
Amendment 592 #
2021/0050(COD)
Proposal for a directive
Article 5 – paragraph -1 (new)
Article 5 – paragraph -1 (new)
-1. Employers shall ensure that vacancy notices, job titles and recruitment processes are gender neutral.
Amendment 595 #
2021/0050(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Applicants for employment shall have the right to receive from the prospective employer information about the initial pay level or its range, based on objective, gender-neutral criteria, to be attributed for the position concerned. Such information shall be indicated in a published job vacancy notice or otherwise provided to the applicant prior to the job interview without the applicant having to request it. In addition, and also prior to the job interview, the applicant for employment shall receive upon request information on the average pay level for categories of workers performing the same work as the advertised position or work of equal value to that position and the objective, gender-neutral criteria on which the average pay level is based.
Amendment 618 #
2021/0050(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
The employer shall make easily accessible to its workers and workers’ representatives a description of the criteria used to determine pay levels and career progression for workers. These criteria shall be gender-neutral in line with the ones laid down in Article 4.
Amendment 629 #
2021/0050(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Workers shall have the right to receive clear and complete information on their individual pay level and the average pay levels, broken down by sex, for categories of workers doing the same work as them or work of equal value to theirs, in accordance with paragraphs 3 and 4. This information shall include also how pay levels were determined, including through an existing job evaluation or job classification scheme. Workers’ representatives shall also have the right to receive information on how pay for each category of worker is laid down.
Amendment 648 #
2021/0050(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Employers shall inform all workers, on an annual basis, of their right to receive the information referred to in paragraph 1, and on the steps the worker should undertake to make use of their right.
Amendment 651 #
2021/0050(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Employers shall provide the information referred to in paragraph 1 within a reasonable period of time upon a worker’s requestone month upon a worker’s request. The information shall be provided in writing and the employer shall retain proof of transmission or receipt, in electronic form. The information shall be provided in accessible formats for workers with disabilities upon their request.
Amendment 656 #
2021/0050(COD)
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Workers shall have the possibilityright to request the information referred to in paragraph 1 through their representatives or an equality body, in order to guarantee confidentiality and anonymity. Workers shall, personally or through their workers’ representatives, have the right to request additional clarifications and details regarding any of the data provided, and receive a substantiated reply. Workers’ representatives, including trade unions, shall have the possibility to request information on pay level on behalf of a worker, broken down by sex and categories of workers.
Amendment 666 #
2021/0050(COD)
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
5. Workers shall not be prevented, under any circumstances, from disclosing their pay for the purpose of enforcing the principle of equal pay between men and women for equal work or work of equal valuto other workers and communicating it to their trade union. Member States shall thus put in place measures to prohibit contractual terms aiming to restrict workers from disclosing that information for the purposes of this Directive.
Amendment 668 #
2021/0050(COD)
Proposal for a directive
Article 7 – paragraph 6
Article 7 – paragraph 6
Amendment 685 #
2021/0050(COD)
Proposal for a directive
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. Employers with at least 250 workers shall provide the following information concerning their organisation, in accordance with paragraphs 2, 3, and 5:
Amendment 723 #
2021/0050(COD)
Proposal for a directive
Article 8 – paragraph 1 – point g a (new)
Article 8 – paragraph 1 – point g a (new)
(ga) the average pay levels by category of workers broken down by gender.
Amendment 727 #
2021/0050(COD)
Proposal for a directive
Article 8 – paragraph 1 – point g b (new)
Article 8 – paragraph 1 – point g b (new)
(gb) information on the criteria used to determine pay.
Amendment 737 #
2021/0050(COD)
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The accuracy of the information shall be confirmed by the employer’s management and workers’ representatives. Employers shall consult with workers’ representatives on the methods used to calculate the pay gap, median pay gap and average pay levels.
Amendment 758 #
2021/0050(COD)
Proposal for a directive
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Member States shall provide support, technical assistance and training, in particular for microenterprises and small and medium-sized enterprises, to comply with the obligations pursuant to this Article. Member States may decide to compile the information set out in paragraph 1, points (a) to (f) themselves, on the basis of administrative data such as data provided by employers to the tax or social security authorities. This information shall be made public in accordance with paragraph 6.
Amendment 765 #
2021/0050(COD)
Proposal for a directive
Article 8 – paragraph 5
Article 8 – paragraph 5
5. TWith the same frequency as that laid down in paragraph 3, the employer shall provide the information referred to in paragraph 1, point (g) to all workers and their representatives, as well as to the monitoring body referred to in paragraph 6. It shall also provide it to the labour inspectorate, trade unions and the equality body upon their request. The information from the previous four years, if available, shall also be provided upon request.
Amendment 779 #
2021/0050(COD)
Proposal for a directive
Article 8 – paragraph 7
Article 8 – paragraph 7
7. Workers and their representatives, labour inspectorates and equality bodies shall have the right to ask the employer for additional clarifications and details regarding any of the data provided, including explanations concerning any gender pay differences. The employer shall respond to such request within a reasonable time by providing a substantiated reply. Where gender pay differences are not justified by objective and gender-neutral factors, the employer shall remedy the situation in close cooperation with the workers’ representatives, the labour inspectorate and/or the equality body. Employers, workers’ representatives and the equality body shall take into account and address any additional forms of discrimination and unconscious bias.
Amendment 791 #
2021/0050(COD)
Proposal for a directive
Article 8 – paragraph 7 a (new)
Article 8 – paragraph 7 a (new)
7a. The implementation of the Directive shall not be used to reduce existing reporting obligations on employers.
Amendment 806 #
2021/0050(COD)
Proposal for a directive
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. Member States shall take appropriate measures to ensure that employers with at least 250 workers conduct, in cooperation with their workers’ representatives, a joint pay assessment where both of the following conditions are met:
Amendment 813 #
2021/0050(COD)
Proposal for a directive
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) the pay reporting conducted in accordance with Article 8 demonstrates a difference of average pay level between female and male workers of at least 5 per cent in any category of workers;
Amendment 831 #
2021/0050(COD)
Proposal for a directive
Article 9 – paragraph 2 – point e
Article 9 – paragraph 2 – point e
(e) measuresa Gender Action Plan to address such differences if they are not justified on the basis of objective and gender-neutral criteria. This Gender Action Plan shall be elaborated in consultation with workers’ representatives, and supported where possible by equality bodies. It may include examining the causes of the pay gap from recruitment, promotion, occupational segregation, flexibility and care responsibilities and measures to address the gender gaps. Where applicable, the Gender Action Plan shall be included in the management report drawn up pursuant to Directive 2013/34/EU;
Amendment 837 #
2021/0050(COD)
Proposal for a directive
Article 9 – paragraph 2 – point f
Article 9 – paragraph 2 – point f
(f) a monitoring report on the effectiveness of any measures mentioned in previous joint pay assessmentthe Gender Action Plan and review mechanisms.
Amendment 844 #
2021/0050(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Employers shall make the joint pay assessments available in easily accessible formats to workers, workers’ representatives, the monitoring body designated pursuant to Article 26, the equality body and the labour inspectorate.
Amendment 861 #
2021/0050(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. To the extent that any information provided pursuant to measures taken under Articles 7, 8, and 9 involves the processing of personal data, it shall be provided in accordance with Regulation (EU) 2016/679. Compliance with this Regulation shall not be used as a reason to deny any information necessary for the enforcement of rights and obligations related to the principle of equal pay between men and women for equal work or work of equal value.
Amendment 871 #
2021/0050(COD)
Proposal for a directive
Article 11 – title
Article 11 – title
Amendment 872 #
2021/0050(COD)
Proposal for a directive
Article 11 – paragraph -1 (new)
Article 11 – paragraph -1 (new)
-1 Member States shall ensure that measures to address pay discrimination and the undervaluation of work predominantly carried out by women, as well as other measures aimed at closing the gender pay gap, are discussed at the appropriate level of collective bargaining with the involvement of trade unions. Such measures shall include the development and use of job evaluation and classification systems free from gender bias.
Amendment 876 #
2021/0050(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Without prejudice to the autonomy of social partners and in accordance with national law and practice, Member States shall ensure that the rights and obligations under this Directive are discussedtransposed, implemented and monitored in full consultation with social partners.
Amendment 897 #
2021/0050(COD)
Proposal for a directive
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2a. Trade unions shall also have the right to act on behalf of a class of workers in a particular sector or category.
Amendment 899 #
2021/0050(COD)
Proposal for a directive
Article 13 – paragraph 2 b (new)
Article 13 – paragraph 2 b (new)
2b. Member states shall reduce procedural obstacles to the bringing of equal pay cases to the court.
Amendment 903 #
2021/0050(COD)
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The compensation or reparation referred to in paragraph 1 shall ensure real and effective compensation for the loss and damage sustained, in a way which is dissuasive and proportionate to the damage suffered. Where gender-based pay discrimination intersects with additional grounds of discrimination, the compensation or reparation shall be adjusted accordingly.
Amendment 914 #
2021/0050(COD)
Proposal for a directive
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
The structural or organisational measures referred to in the first paragraph, point (b), may include an obligation to review the pay-setting mechanism based on gender-neutral job evaluation or classification systems, the establishment of an action plan to eliminate the discrepancies discovered, and measures to reduce any unjustified gender pay gaps.
Amendment 944 #
2021/0050(COD)
Proposal for a directive
Article 18 – paragraph 3
Article 18 – paragraph 3
3. Member States shall ensure that the limitation periods for bringing claims are set at threfive years at least.
Amendment 961 #
2021/0050(COD)
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
Claimants who prevail on a pay discrimination claim shall have the right to recover from the defendant, in addition to any other damages, reasonable legal and experts’ fees and costs. Defendants who prevail on a pay discrimination claim shall not have the right to recover any legal and experts’ fees from the claimant(s) and costs, unless the claim was brought in bad faith, was clearly frivolous or where such non-recovery is considered manifestly unreasonable under the specific circumstances of the case.
Amendment 972 #
2021/0050(COD)
Proposal for a directive
Article 20 – paragraph 2 – introductory part
Article 20 – paragraph 2 – introductory part
2. Member States shall ensure that fines are applied to infringements of the rights and obligations relating to equal pay for the same work or work of equal value. They shall set a minimum level for such fines ensuringpercentage based on the employer’s gross annual turnover as a minimum level for such fines and shall ensure that minimum level is proportionate and has a real deterrent effect. The level of the fines shall take into account:
Amendment 978 #
2021/0050(COD)
Proposal for a directive
Article 20 – paragraph 2 – point c
Article 20 – paragraph 2 – point c
(c) any other aggravating or mitigating factor applicable to the circumstances of the case. such as where gender-based pay discrimination intersects with other grounds of discrimination, or relevant mitigating factors.
Amendment 994 #
2021/0050(COD)
Proposal for a directive
Article 21 – paragraph 2
Article 21 – paragraph 2
2. Member States shall consider for contracting authorities to introduce, as appropriate, penalties and termination conditions ensuring compliance with the principle of equal pay in the performance of public contracts and concessions. Where Member States’ authorities act in accordance with Article 38(7)(a) of Directive 2014/23/EU, Article 57(4)(a) of Directive 2014/24/EU, or Article 80(1) of Directive 2014/25/EU in conjunction with Article 57(4)(a) of Directive 2014/24/EU, they may exclude or may be required by Member States toshould exclude any economic operator from participation in a public procurement procedure where they can demonstrate by any appropriate means the infringement of the obligations referred to in paragraph 1, related either to a failure to comply with pay transparency obligations or a pay gap of more than 5 per cent in any category of workers which is not justified by the employer on the basis of objective, gender-neutral criteria. This is without prejudice to any other rights or obligations set out in Directive 2014/23/EU, Directive 2014/24/EU or Directive 2014/25/EU.
Amendment 1003 #
2021/0050(COD)
Proposal for a directive
Article 22 a (new)
Article 22 a (new)
Article 22 a Intersectionality 1. Member States shall ensure that in legal proceedings aiming to enforce the rights and obligations relating to equal pay for equal work or work of equal value, the courts, the equality bodies and other competent authorities duly assess the existence of other grounds of discrimination protected under Directives 2000/43/EC or 2000/78/EC and take due account of such discrimination for substantive and procedural purposes. 2. Member States, employers, workers' representatives, equality bodies and monitoring bodies designated pursuant to Article 26 shall, where possible, take into account the existence of intersectional forms of discrimination when implementing and reporting on pay transparency measures and develop and implement specific actions to identify and address situations in which gender-based pay discrimination intersects with other grounds of discrimination. They may also analyse and revise any practice or criteria that could be discriminatory and tackle and find solutions for the concerns of women facing intersecting forms of discrimination within a particular workplace or sector. 3. When collecting data received from employers, the equality bodies shall, where possible, analyse that data in a way that takes account of multiple and intersectional forms of discrimination.
Amendment 1008 #
2021/0050(COD)
Proposal for a directive
Article 25 – paragraph 2 a (new)
Article 25 – paragraph 2 a (new)
2 a. Member States shall take measures to ensure that the social partners, without prejudice to their autonomy, are given the possibility to be consulted with and involved in the operation of equality bodies.
Amendment 1020 #
2021/0050(COD)
Proposal for a directive
Article 26 – paragraph 2
Article 26 – paragraph 2
2. Each Member State shall designate a tripartite body (‘monitoring body’) for the monitoring and support of the implementation of national legal provisions implementing this Directive and shall make the necessary arrangements and ensure adequate resources for the proper functioning of such body. The monitoring body may be part of existing bodies or structures at national level.
Amendment 1027 #
2021/0050(COD)
Proposal for a directive
Article 26 – paragraph 3 – point b
Article 26 – paragraph 3 – point b
(b) to tackle the causes of the gender pay gap and devise tools to help analyse and assess pay inequalitiesdevise tools, methodologies and guidance to help analyse and assess pay inequalities in order to tackle the causes of the gender pay gap;
Amendment 1034 #
2021/0050(COD)
Proposal for a directive
Article 26 – paragraph 3 – point c
Article 26 – paragraph 3 – point c
(c) to aggregate data received from employers pursuant to Article 8(6), and publish this data in an accessible and a user-friendly manner, including with regard to persons with disabilities, in accordance with Directive (EU) 2019/882 and, where possible, analyse that data for the purpose of identifying multiple and intersectional forms of discrimination;
Amendment 1038 #
2021/0050(COD)
Proposal for a directive
Article 26 – paragraph 3 – point c a (new)
Article 26 – paragraph 3 – point c a (new)
Amendment 1044 #
2021/0050(COD)
Proposal for a directive
Article 26 – paragraph 3 – point e a (new)
Article 26 – paragraph 3 – point e a (new)
(ea) to provide relevant data and information to the European Institute for Gender Equality in order to allow for the comparability and assessment of that data at Union level;
Amendment 1046 #
2021/0050(COD)
Proposal for a directive
Article 26 – paragraph 3 – point e b (new)
Article 26 – paragraph 3 – point e b (new)
(eb) to raise awareness of gender-based pay discrimination intersecting with various axes of discrimination such as racial or ethnic origin, religion or belief, disability, age or sexual orientation as protected under Directive 2000/43/EC or 2000/78/EC.
Amendment 1048 #
2021/0050(COD)
Proposal for a directive
Article 26 – paragraph 3 a (new)
Article 26 – paragraph 3 a (new)
3a. The monitoring body shall assist Member States in their efforts to combat the gender pay gap by providing guidance and sharing best practices on policies and methodologies to determine and compare work of equal value, including across sectors with a concrete focus on combating the systemic undervaluation of work in female dominated sectors and making full use, where appropriate of the data, knowledge and capacities of the European Institute for Gender Equality.
Amendment 1062 #
2021/0050(COD)
Proposal for a directive
Article 28 – paragraph 1
Article 28 – paragraph 1
Member States shall provide the Commission (Eurostat) with up-to-date gender pay gap data annually and in a timely manner. These statistics shall be broken down by gender, economic sector, working time (full-time/part-time), economic control (public/private ownership), disability and age and be calculated on an annual basis and, where possible, combine them with anonymised data regarding intersectional forms of discrimination.
Amendment 1080 #
2021/0050(COD)
Proposal for a directive
Article 31 – paragraph 2
Article 31 – paragraph 2
2. When informing the Commission, Member States shall also accompany it with a summary of the results of their assessment regarding the impact of their transposition act on workers and employers of microenterprises, small and medium- sized enterprises broken down by sectors, particularly female-dominated ones, and a reference to where such assessment is published.
Amendment 1088 #
2021/0050(COD)
Proposal for a directive
Article 32 – paragraph 1
Article 32 – paragraph 1
1. By [eightfive years after the entry into force] Member States shall communicate to the Commission all information on how this Directive has been applied and what has been its impact in practice.
Amendment 18 #
2020/2241(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the European Parliament, the Council and the Commission have endorsed the goal of aare committed to the Paris Agreement and have endorsed the European Green Deal and the goal of achieving a fair transition leading to climate- neutral economity by 2050;
Amendment 26 #
2020/2241(INI)
Motion for a resolution
Recital B
Recital B
B. whereas Parliament has endorsed the goal of reducing greenhouse gas emissions by 60% by 2030, which requires more ambitious targets for renewables;
Amendment 36 #
2020/2241(INI)
Motion for a resolution
Recital C
Recital C
C. whereas energy system integration means the coordinated planning and operation of all energy carriers and infrastructure connected to all final consume largely renewable based energy system as a whole and infrastructure across multiple energy carriers, infrastructures, and consumption sectors;
Amendment 41 #
2020/2241(INI)
Motion for a resolution
Recital D
Recital D
D. whereas energy system integration can keep costs formake efficient use of European authorities and Europe’ resources and citizens within realistic and acceptable limitsontribute to achieving social and environmental objectives such as healthy indoor climate, tackling energy poverty and reaching climate neutrality and green job creation;
Amendment 48 #
2020/2241(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas the climate emergency and the current health crisis forces the Union to reconsider the role of public spending in achieving social, environmental and economic goals supporting a green recovery;
Amendment 56 #
2020/2241(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Supports the direction set out by the Commission in its Communication on a strategy for energy system integration in particularly on energy efficiency first principle, and a largely renewable based energy system; calls on the Commission and the Member States to ensure that it is implemented rapidly in a spirit of solidarity; encourages the private sector to contribute tobelieves that the public sector plays a crucial role in its success;
Amendment 67 #
2020/2241(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Believes that such a strategy can help the Union achieve its climate goals while maintaining energy accessibility, affordability and security of supply through the development of an efficient, integrated, resilient, smart and decarbonised system;
Amendment 76 #
2020/2241(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Reiterates its support for the energy efficiency first principle, a more circular energy system and recalls that the most sustainable energy is energy which is not consumed;
Amendment 86 #
2020/2241(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
Amendment 87 #
2020/2241(INI)
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3 c. Deplores the danger of accidents occurring during the operation of nuclear power plants and the economic and environmental cost of nuclear waste management; calls for the phase out of nuclear energy;
Amendment 88 #
2020/2241(INI)
Motion for a resolution
Paragraph 3 d (new)
Paragraph 3 d (new)
3 d. Deplores the role of investor protection as an obstacle to achieving the obligations under the Paris Agreement and achieving climate neutrality; calls on the Commission to terminate the protection of fossil fuel investments in the context of the modernisation of the Energy Charter Treaty in order to facilitate a fast transition towards a sustainable, renewable based energy system;
Amendment 101 #
2020/2241(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to extend the principle of energy efficiency to the entire value chain and to all end-uses; underlines the potential of circularity and reuse of waste, energy and waste heat from industrial processes, buildings and data centres; stresses that waste to heat is an inefficient use of resources that is not compatible with circularity, draws attention to the modernisation of heat networks, which can play a significant role in heat decarbonisation; stresses the potential of digital tools for smart energy management while prioritizing cyber security and data protection;
Amendment 126 #
2020/2241(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Highlights the importance of assessing ex-ante and anticipating the need for new energy production, transmission, distribution and conversion infrastructure in order to optimise its use in a climate- neutral economy and to ensure its social, environmental and economic viability;
Amendment 133 #
2020/2241(INI)
8. Calls on the Commission to use the revision of Regulation (EU) No 347/2013 on trans-European energy infrastructure as an opportunity to align the 10-year network development planning with the Paris agreement and the need to achieve climate neutrality by 2050, as well as to include energy system integration in the Regulation’s objectives and the 10-year network development planning;
Amendment 156 #
2020/2241(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. WelcomNotes the adoption of the European Hydrogen Strategy; is convince and that renewable and decarbonised hydrogen can help reduce persistent emissions from industrial processes and heavy transport, which cannot be decarbonised through the use of zero- carbon electricity; recognizes that the extension of hydrogen applications to different end use sectors must correlate to the availability of renewable hydrogen; recalls also the need to decarbonise existing hydrogen production by replacing it with renewable hydrogen;
Amendment 182 #
2020/2241(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses the need to accelerate research and development on technologies for CO2 capture, storage and reusef energy savings, renewable energy generation, storage and grid-balancing technologies;
Amendment 215 #
2020/2241(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Highlights the need to reduce regulatory barriers, improve access to capital, phase out direct and indirect fossil fuel subsidies and further support energy storage projects along transmission and distribution networks and at consumption sites;
Amendment 241 #
2020/2241(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Recalls the importance of interconnectors and cooperation between network operators; welcomnotes the establishment of regional coordination centres under Regulation (EU) 2019/943;
Amendment 264 #
2020/2241(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19 b. Highlights the need for a just transition and calls on the Commission and Member States to assure the success of a just transition in all relevant legislative proposals;
Amendment 270 #
2020/2241(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Recalls that the primary objective of Union action in the field ofEuropean Pillar of Social Rights states that envergy is to ensure the proper functioning of the market; calls on the Commission to propose the necessary legislative changes to ensure equal rights for all consumers and undistorted pryone has the right to access essential services of good quality, including water, sanitation, energy, transport, financial services and digital communications and therefore supports for access to such services signals reflecting the real cost of energy and ithall be available especially for those in need; calls contribut the Commission toand the decarbonisation of the economy; welcomes the initiative to revise Directive 2003/96/ECMember States to tackle energy poverty and protect vulnerable households by establishing a right to energy and a ban on disconnection;
Amendment 277 #
2020/2241(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Is convinced of the need to encourage energy consumers to be more active; calls on the Commission to assess the remaining barriers to self-consumption, especially for industrial consumerable energy consumers and energy communities to actively shape the energy system and to create social, environmental and economic benefits; calls on the Commission to assess the remaining barriers to self-consumption that exist for industry and individual self-consumers, improve the regulatory framework which would empower renewables self- consumers to generate, consume, store, and sell electricity without facing burdens;
Amendment 285 #
2020/2241(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Reiterates the potential of energy communities in a decentralized renewables based energy system and micro grids to develop access to more sustainable energy, especially for remote areas, islands and the outermost regionncourage participatory governance, tackle energy poverty, create local jobs and strengthen local communities;
Amendment 288 #
2020/2241(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22 a. Recalls that the energy sector provides an essential public service; calls on the Member States to take responsibility either through regulation, public planning or direct provision of services, where the private sector fails to deliver on the social and environmental challenges ahead;
Amendment 298 #
2020/2241(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Recalls that one of the objectives of the Energy Union is to reduce our import dependency; considers that improving energy efficiency, the expansion of renewables, and the creation of synergies can help achieve this objective;
Amendment 305 #
2020/2241(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Stresses the importance of increasing the competitiveness of European technologies to ensure the autonomy of the Union in the strategic energy sector; calls on the Commission to support research and innovation through the various structural and sectoral fundsa public industrial policy that promotes sustainable technologies and manufacturing capacities in the Union to meet the needs of the transition towards a sustainable decarbonized energy system; stresses that this requires public planning, democratic governance and substantial support for a strong industrial base; recalls the Union’s global leadershipcapabilities in satellite emission measurement technologies;
Amendment 314 #
2020/2241(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. WelcomNotes the initiatives undertaken for strategic value chains; calls fornotes the establishment of an alliance for decarbonised energy technologies; calls on the Commission to encourage the participation of SMEs in these alliances in order to involve more Member Stateindustry alliances; calls on the Commission to assure a transparent governance of all alliances including the participation of civil society, NGOs and independent experts, as well as safe guards against fossil and nuclear interests;
Amendment 318 #
2020/2241(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25 a. Expresses its concern about the involvement of Hydrogen Europe, a fossil fuel-supported lobbying group acting as the secretariat of the European Clean Hydrogen Alliance; denounces the unbalanced composition and the absence of civil society organisations, environmental NGOs, independent experts or even renewable energy companies as members of this Alliance; brands this European Clean Hydrogen Alliance as a greenwashed fossil lobby consortium; calls on the Commission to immediately abolish this Alliance;
Amendment 3 #
2020/2194(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Highlights the important role that Union agencies play in helping Union institutions to design and implement policies, especially by carrying out specific technical, scientific and managerial tasks; expresses its satisfaction with the high quality work performed by the agencies working in the area of employment, social affairs and inclusion; underlines in this regard the need to equip the Union agencies at a level commensurate to the assigned tasks, with a sufficient number of in-house staff, employed in a stable manner and having sufficient material resources, ensuring their pre-eminence over private contractors; reiterates that the proper functioning of the executive agencies also requires a high-quality social dialogue, closely involving the local staff committees;
Amendment 6 #
2020/2194(DEC)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
Amendment 9 #
2020/2194(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Welcomes and encourages the cooperation among the agencies within and beyond the framework of the EU Agencies Network (EUAN), which constitutes an important inter-agency cooperation platform to ensure efficient communication between the agencies and relevant stakeholders, allowing to build synergies and to exchange ideas and best practices and aiming to achieve more balanced governance, and greater coherence between them; stresses the necessity of improving cooperation between the agencies and Union institutions, avoiding the externalisation of services that can be provided by them;
Amendment 13 #
2020/2194(DEC)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the EUAN to develop a general policy to not replace permanent staff by more expensive external consultants;
Amendment 15 #
2020/2194(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Recalls that the yearly exchange of views regarding the annual work programmes and the multiannual strategies of the agencies in the committees responsible is instrumental in ensuring that the programmes and strategies are aligned to the actual political priorities, especially in the context of the implementation of the principles enshrined in the European Pillar of Social Rightmphasises that the principles of political priorities should be based on investment in social security and not on competition and austerity policies;
Amendment 17 #
2020/2194(DEC)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Encourages the Union agencies to consider adopting a fundamental rights strategy, including a reference to fundamental rights in a code of conduct that could define the duties of their staff and training for staff; setting up mechanisms ensuring that any violation of fundamental rights be detected and reported, and that risks of such violations be swiftly brought to the attention of the main bodies of the agency concerned; establishing, whenever relevant, the position of a fundamental rights officer, reporting directly to the management board to ensure a certain degree of independence vis-á-vis other staff, in order to ensure that threats to fundamental rights are immediately addressed, and that a constant upgrading of the fundamental rights policy within the organisation takes place; developing a regular dialogue with civil society organisations and relevant international organisations on fundamental rights issues; making compliance with fundamental rights a central component of the terms of reference of the collaboration of the agency concerned with external actors, including in particular members of national administrations with whom they interact at operational level;
Amendment 156 #
2020/2141(DEC)
Motion for a resolution
Paragraph 86 c (new)
Paragraph 86 c (new)
86 c. Recalls with disappointment the dismissal of 60 employees working in Parliament’s catering services as of January 2021; notes that the dismissed staff was informed shortly before Christmas 2020 and in the middle of a pandemic; stresses that some of the dismissed staff had worked on Parliament’s premises for decades; recalls Parliament’s repeated calls on companies across the Union to retain their staff during the pandemic; urges the Secretary- General to respond without delay to a letter sent about the dismissal signed by 355 Members; asks to consider if Parliament could guarantee these workers job security by the internalisation of the catering service and directly hiring the catering personnel, following the good example of Parliament's car drivers;
Amendment 25 #
2020/2140(DEC)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Emphasises that the ESF must combat the worst situations of unequal development and give local development a boost; stresses, furthermore, that regional actors must be involved more closely and the Member States’ contributions should be reduced in order to reach the weakest regions;
Amendment 30 #
2020/2140(DEC)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Urgently calls on the Commission to take the catering staff in-house in order to be more effective and efficient, and to ensure good working conditions and avoid layoffs;
Amendment 826 #
2020/2140(DEC)
Motion for a resolution
Paragraph 192 a (new)
Paragraph 192 a (new)
192 a. Is very concerned by the Commission decision to break the contract with the restaurant service provider, which led to the layoff of 400 workers; urgently asks the Commission to revise its decision and to explore any viable solution to protect the workers and avoid layoff, including the internalisation of the catering staff in-house;
Amendment 8 #
2020/2077(INI)
Draft opinion
Paragraph 1
Paragraph 1
Amendment 21 #
2020/2077(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. considers therefore that the new European circular economy must serve to build an economic system compatible with the nine global limits identified by Rockström et al., and to drastically reduce the Union's ecological footprint in order to ensure that the final consumption, and the resulting waste production, of the Union, and in particular European industries, does not exceed the biological capacities of ecosystems to supply biological materials and assimilate the waste generated, using existing management methods and extraction technologies;
Amendment 31 #
2020/2077(INI)
Draft opinion
Paragraph 1 h (new)
Paragraph 1 h (new)
1h. Stresses that the Commission's Circular Economy Action Plan conflates waste prevention with recycling; underlines that a truly circular economy is built on waste hierarchy whereby waste prevention is distinguished and prioritised to recycling; stresses that circular economy activities are often at odds with waste prevention since there is no profit with waste avoidance; considers therefore that the realisation of a truly circular economy, capable of reducing our ecological footprint, is incompatible with the continuous existence of a capitalist economy based on the sole imperative of profitability;
Amendment 35 #
2020/2077(INI)
Draft opinion
Paragraph 1 j (new)
Paragraph 1 j (new)
1j. Stresses the great potential for complementarity between a truly ambitious European industrial strategy, in particular regarding the maintaining and strengthening of a strong traditional industrial base, and the establishment of a genuine circular economy; stresses that significant greenhouse gas emissions reduction could be achieved in the industrial sector by increasing material efficiency, developing recycling and the use of recycled products, and producing durable goods with high added value;
Amendment 37 #
2020/2077(INI)
Draft opinion
Paragraph 1 l (new)
Paragraph 1 l (new)
1l. Deplores the fact that the territorial aspect of the circular economy is given too little attention in the Commission's Circular Economy Action Plan; points out that the different circular economy sectors are located in territories with specific characteristics, whether in terms of material or energy resources or in terms of employment; considers that the sustainable anchoring in the territories must be an essential element of the new circular economy, in order to encourage the development of productive activities whilst limiting their ecological footprint; stresses therefore the importance of spatial planning and infrastructure development policies; stresses that the sustainable anchoring of circular industrial sectors in the territories requires the establishment of high-quality public services throughout the Union in the fields of education, research, health and transport;
Amendment 38 #
2020/2077(INI)
Draft opinion
Paragraph 1 m (new)
Paragraph 1 m (new)
1m. Recalls that circular economy processes are currently at the margin of our mode of production; stresses that in order to be efficient, provide affordable and high-quality secondary raw materials and create secure high-quality jobs in the Union, a real circular economy must be underpinned by industrialised processes;
Amendment 39 #
2020/2077(INI)
Draft opinion
Paragraph 1 n (new)
Paragraph 1 n (new)
1n. Calls on the introduction and definition of standards for the industrialised processes of the industrialised circular economy; considers that the usage of these standards should be accessible under Fair, Reasonable and Non- Discriminatory (FRAND) conditions so that the value resulting from these standards can be distributed among all industrial sectors;
Amendment 41 #
2020/2077(INI)
Draft opinion
Paragraph 1 p (new)
Paragraph 1 p (new)
1p. Calls on the Commission to introduce a regulation defining, for each category of industrial product sold in the Union, a minimum period of product support; considers that during this mandatory period of product support, the manufacturer should directly or under its responsibility maintain: (a) a sufficient number of spare parts, covering at least as many years of consumption as the mandatory period of product support, or alternatively the specifications and instructions to manufacture new ones, including quality assurance test specification; (b) the product passport with all the necessary information to test, maintain, repair, upgrade, dismantle and recycle in a safe way the product and its constituents or modules, including software modules; considers that after the end of this mandatory period of product support, the information regarding spare parts and the product passport should be made freely available to all in a standard format;
Amendment 49 #
2020/2077(INI)
Draft opinion
Paragraph 1 x (new)
Paragraph 1 x (new)
1x. Recalls that the cement industry is both a necessary industry for the realisation of the ecological transition and one of the largest industrial source of greenhouse gas emissions; stresses that the implementation of a truly circular economy could contribute to the decarbonisation of this industry;
Amendment 53 #
2020/2077(INI)
Draft opinion
Paragraph 1 a b (new)
Paragraph 1 a b (new)
1ab. Recalls that four main value chains account for three quarters of EU plastic use: packaging (40%), building and construction (20%), automobiles (9%) and electronics (6%); stresses that actual effective plastic recycling rates are very low in the Union; calls for drastic and binding measures to reduce the use of plastic; recalls that many plastic items are designed in ways that make recycling difficult or impossible; calls on the Commission to introduce biding standards regarding product design to prevent contamination and facilitate the dismantling of products at their end of life; stresses the need for the Union and Member States to support the constitution of a major secondary materials industry for plastic recycling;
Amendment 54 #
2020/2077(INI)
Draft opinion
Paragraph 1 a c (new)
Paragraph 1 a c (new)
1ac. Recalls that resource gains from circularity are particularly large with aluminium, as re-melting aluminium requires only 5% of the energy needed for new production, thus sharply reducing CO2 emissions; stresses that whilst aluminium collection from building and cars is already very high, the rates are much lower for consumer products; calls for the introduction and generalisation throughout the Union of additional deposit system similar to those used for beverage cans; demands the introduction of binding product standards regarding product design in order to ensure easy separation of aluminium components upon dismantling;
Amendment 55 #
2020/2077(INI)
Draft opinion
Paragraph 1 a d (new)
Paragraph 1 a d (new)
1ad. Underlines that construction is a key area of complementarity between the circular economy and emission reductions; demands the introduction of binding eco-design requirements to improve the efficiency and reusability of construction materials; calls on the Commission to ensure that harmonised construction standards and practices are used and promote the use of recycled concrete; calls on the Commission to revise the Construction Product Regulation to enable the setting of EU- wide, product specific environmental standards for construction products; stresses the need for iron and steel products to be separated when building are demolished;
Amendment 56 #
2020/2077(INI)
Draft opinion
Paragraph 1 a e (new)
Paragraph 1 a e (new)
1ae. Emphasises the still under- exploited benefits of replacing single-use products, especially plastics, with long- term sustainable products such as recycled wood; calls on the Commission and Member States to promote the most efficient use of wood according to the cascade principle and to ensure that biologically derived materials, including all wood waste, are brought back into the value chain by encouraging eco-design, increasing recycling targets, and promoting the use of secondary wood raw materials for products before their eventual incineration at the end of their lives;
Amendment 57 #
2020/2077(INI)
Draft opinion
Paragraph 1 a f (new)
Paragraph 1 a f (new)
Amendment 58 #
2020/2077(INI)
Draft opinion
Paragraph 1 a g (new)
Paragraph 1 a g (new)
1ag. Calls on the Member States to maximise and promote the reuse, recycling, and recuperation of materials, including in their procurement strategies and publicly financed renovation and construction projects, e.g. by reviewing Green Public Procurement (GPP) targets and through streamlining energy efficiency, environmental and social criteria for building renovations;
Amendment 59 #
2020/2077(INI)
Draft opinion
Paragraph 1 a h (new)
Paragraph 1 a h (new)
1ah. Stresses the need for the adequate management and reduction of construction and demotion waste; notes that collection and take back schemes and sorting facilities should be created to ensure appropriate and safe handling of all construction waste, as well as for the recycling or reuse of building materials, for the safe handling, removal and substitution of hazardous substances in waste streams in order to protection the health of occupants and workers as well as the environment; calls on the Commission to propose concrete measures on these issues as part of the Circular Economy Action Plan and the Sustainable Built Environment Strategy;
Amendment 60 #
2020/2077(INI)
Draft opinion
Paragraph 1 a i (new)
Paragraph 1 a i (new)
1ai. Calls on the Commission to support research and development (R&D) programmes for efficient construction materials and, taking into account the social situation, calls for a low cost renewable energy based heating system to be implemented in rural and remote areas;
Amendment 61 #
2020/2077(INI)
Draft opinion
Paragraph 1 a j (new)
Paragraph 1 a j (new)
1aj. Asks the Commission to consider introducing a Digital Product Passport which should provide transparent product information about the environmental and social impacts of the products, including information about the product lifespan and availability of repair services and spare parts;
Amendment 68 #
2020/2077(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Underlines that research into sustainable materials, processes, technologies and products, as well as into their industrial scale-up, can providbenefit the European companies with a worldwide competitive advantageas well as the people and the environment; believes that shortening a number of value chains would make European industrial ecosystems more resilient, competitive and profitable, as well as promote the EU’s strategic autonomylead to sustainable, fair and resilient European industrial ecosystems;
Amendment 82 #
2020/2077(INI)
Draft opinion
Paragraph 3
Paragraph 3
Amendment 119 #
2020/2077(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Is of the opinion that the transition towards a digital economydigitalisation in all sectors can reduce their environmental footprint, while also boosting the green transition; points out that measures are nevertheless needed to deal with the short- and medium- term costs of the transitions and to make them just;
Amendment 129 #
2020/2077(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Believes that the positive role played by social economy enterprises, which are paving the way to circular economy models, should serve as an inspiration to other companies, and that such best practices should be made more visible and adequately supported;
Amendment 146 #
2020/2077(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Is convinced that reliable and transparent information is a must in order to build consumers' confidence in the legitimacy of the green claims and to protect them from any kind of "greenwashing";
Amendment 154 #
2020/2077(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Stresses the need for individual firm and sector to be organised as to perform maintenance operations over the long term by training its workforce, and preserving its skills and knowledge about older products, and by setting up and maintaining stocks of compatible spare parts;
Amendment 160 #
2020/2077(INI)
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Stresses the importance of implementing a huge training and re- training programme for all workers negatively impacted by the circular economy; recommends that all workers in waste sorting and recycling be trained in the automated testing of industrial products and modules;
Amendment 165 #
2020/2077(INI)
Draft opinion
Paragraph 7 d (new)
Paragraph 7 d (new)
7d. Underlines that the transition to a truly circular economy must be negotiated with the trade unions to guarantee that the health and safety of workers are protected; considers that trade union safety representatives should be elected to check if health and safety regulations are followed and if working conditions are adequate;
Amendment 169 #
2020/2077(INI)
Draft opinion
Paragraph 7 e (new)
Paragraph 7 e (new)
7e. Stresses that trade unions have a role to play in forging alliances between formal and informal workers; considers that such alliances would ensure better and safer working conditions for all waste workers whilst expanding circular economic activities; calls for the creation and generalisation of structures associating public authorities, formal workers and informal waste recyclers;
Amendment 170 #
2020/2077(INI)
Draft opinion
Paragraph 7 f (new)
Paragraph 7 f (new)
7f. Stresses that whilst automation processes have a potential to create safer work environment for workers, changes to work must be negotiated with trade unions to ensure that automation does not penalise so-called unskilled workers; considers that automation processes should serve as a basis for a wide reduction of working time for all workers;
Amendment 174 #
2020/2077(INI)
Draft opinion
Paragraph 7 g (new)
Paragraph 7 g (new)
7g. Stresses that a truly circular economy can only be sustainable if the health and safety of the workers involved in it are prioritised; underlines that some recycling, repair and reuse activities are high risk jobs; stresses that insufficient safe working conditions for the workers can expose our whole society to health and safety risks; denounces the fact that the Commission's Circular Economy Action Plan absolutely ignores the health and safety risks for workers who operate in the circular economy; expresses its deep worriedness that circular economy policies and practices could be developed without risk assessment which take workers' health into account;
Amendment 175 #
2020/2077(INI)
Draft opinion
Paragraph 7 h (new)
Paragraph 7 h (new)
7h. Recalls that most waste is generated in construction which contributed over 36% of total waste in the EU in 2016; stresses that construction and demolition waste workers risk exposure to hazardous materials, such as tar, radioactive waste, lead and electrical component containing mercury; underlines that excessive dust in construction and demolition waste recycling plants poses a real health and safety concerns for workers; demands that the voluntarily policy commitments outlined in the EU's Construction and Demolition Waste Management Protocol become binding in order to better protection workers; stresses the need to carry out proper risk assessments and consultation with the relevant trade unions to ensure that the Union increase in its construction and demolition waste recycling capacity in a way that protects workers and the environment;
Amendment 176 #
2020/2077(INI)
Draft opinion
Paragraph 7 i (new)
Paragraph 7 i (new)
7i. Considers that remunicipalisation of waste collection services is the better way to ensure that the health and safety of workers are decent and respected and that they are fairly remunerated; calls therefore for the remunicipalisation of these activities across the EU and more generally for the reinforcement of public services and public ownership, management and democratic control over circular economy activities;
Amendment 177 #
2020/2077(INI)
Draft opinion
Paragraph 7 j (new)
Paragraph 7 j (new)
7j. Recalls that the life expectancy of sanitation and sewage workers is considerably lower than that of the wider population due to high risk exposure to dangerous biological agents; stresses that the Covid-19 pandemic has amplified the health and safety threats for sanitation workers; demands that sanitation workers be systematically given adequate personal protection equipment; demands that proper risk assessments be carried out in consultation with the relevant trade unions to ensure that sewage workers' health is protection, in particular in regards to the Covid-19 outbreak; urges the Member States to recognise the arduous nature of these jobs and to establish or maintain early retirement schemes for these workers; stresses that workers in these sectors should benefit from social and medical assistance tailored to their needs upon retirement;
Amendment 178 #
2020/2077(INI)
Draft opinion
Paragraph 7 k (new)
Paragraph 7 k (new)
7k. Stresses that waste of electronic and electronical equipment (WEEE) is one of the fastest growing streams in the Union; recalls that it is estimated that less of 40% of e-waste in the Union is currently recycled; underlines that the health and safety risks of WEEE are significant as it contains a complex mixture of materials that include hazardous content; stresses as a result repair and recycling of electronic products expose workers to toxic and radioactive materials; demands that workers in this sector be given appropriate personal protective equipment; demands that the right to adequate personal protective equipment be extended to the informal circular economy;
Amendment 179 #
2020/2077(INI)
Draft opinion
Paragraph 7 l (new)
Paragraph 7 l (new)
7l. Recalls that the export of WEEE to non-OECD and non-EU countries is illegal; underlines that, according to a study from the United Nations University, up to 90% of the world's e-waste was illegally traded or dumped as thousands of tonnes of e-waste are falsely declared as second-hand goods; recalls that it is estimated that every year 352,474 metric tonnes of e-waste are exported from EU countries to countries of the global South were social, health and safety regulations are lower than those enforced in the Union; condemns this illegal and scandalous practice; calls for harmonisation in the definition of waste in the Union and for the unification of efforts in the field of market surveillance to avoid such illegal exports of waste; calls on the Commission to introduce a biding due diligence on EU companies exporting second-hand products and waste to ensure that they comply throughout their value chain with environmental and social standards equivalent to those prevailing in the Union;
Amendment 181 #
2020/2077(INI)
Draft opinion
Paragraph 7 n (new)
Paragraph 7 n (new)
7n. Denounces the creation of private monopolies and the continuing breakdown of energy, water and waste public services, as recently illustrated by Veolia's takeover bid on Suez; urges for a return to public management of waste collection and treatment;
Amendment 2 #
2020/2076(INI)
Draft opinion
Recital A
Recital A
A. whereas Europe needs a socially effective and environmentally sustainable industrial strategy prioritizing equal development; whereas today EU industry employs around 35 million people and accounts for over 80 % of exports; whereas women still remain under-represented across industrial sectors, occupations and management levels;
Amendment 14 #
2020/2076(INI)
Draft opinion
Recital B
Recital B
B. whereas the EU industrial strategy must serve as a vector for creating more and betterguarantee quality jobs and achieve an inclusive and balanced job market that benefits the people, accompanying the transition towards a digital and carbon- neutral industry; whereas the EU industrial strategy must serve as a booster for social cohesion and in that way contribute to the fight against social dumping;
Amendment 18 #
2020/2076(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
B a. whereas a long-standing focus on competitiveness and market-based approaches has proven unable to solve divergence between Member States and regions, causing the loss of numerous jobs and reinforcing the de- industrialization of entire regions; whereas only strong public industrial strategy can guarantee a truly equal, sustainable and just industrial development, including high quality jobs, and ambitious social and environmental objectives;
Amendment 23 #
2020/2076(INI)
Draft opinion
Recital C
Recital C
C. whereas digitalisation and artificial intelligence are crucial for all industry sectors, increasing competitiveness, creating job opportunities and economic prosperity;
Amendment 31 #
2020/2076(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the Union requires a new industrial strategy that makes its industries more globally competitive, resilient, resilient, socially effective and environmentally sustainable; whereas such a strategy should cover the transition of European industries to digitalisation and climate-neutrality, prioritising the safeguarding of quality jobs, equal development, the ‘energy efficiency first’ principles, energy savings and renewable energy technologies; whereas such a strategy is crucial to ensure the respect of our climate objectives, notably the Paris agreement;
Amendment 35 #
2020/2076(INI)
Draft opinion
Recital D a (new)
Recital D a (new)
D a. whereas in several factories where workers and trade unions were able to determine production decisions during the COVID-19 pandemic, a quick reconversion of manufacturing towards medical products was observed;
Amendment 41 #
2020/2076(INI)
Draft opinion
Recital E a (new)
Recital E a (new)
E a. whereas any fair and sustainable production model should place workers, their representatives and trade unions, as well as workers’ interests and long standing expertise at its very core to ensure it is oriented on the basic needs of society.
Amendment 48 #
2020/2076(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the Union’s industrial strategy should ensure the correct functioning of the single market, create a level playing field inside and outside EU and ensure easier access to finance, raw materials and markets, in addition to ensuring appropriate levels of investmentappropriate levels of especially public investment, quality jobs, research and innovation, education and skills to boost competitivenessdevelopment and sustainability;
Amendment 52 #
2020/2076(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Highlights that EU industrial policy must at least be in line with the European Pillar of Social Rights and efficientlythe European Social Charter and address theall social consequences of structural change and the need to continue implementing its principles, in order to support fair working conditionsgood, fair and equal working conditions, quality employment, and equal opportunities, as well as access to well-functioning labour markets and welfare systems;
Amendment 60 #
2020/2076(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas any fair and sustainable production model should place workers, their representatives and trade unions, as well as workers interests and long standing expertise at the very core of its development to ensure a democratic functioning;
Amendment 61 #
2020/2076(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Highlights any industrial strategy should place the workers, their representatives and trade unions, as well as the workers’ interests and long- standing expertise at its core to ensure a democratic functioning; calls on the Commission to fully include workers, their representatives and trade unions at every stage of the procedure;
Amendment 73 #
2020/2076(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. EmphasisNotes that thean European Permanent Unemployment Reinsurance Scheme shcould be adopted as a key instrument that must accompany the twin ecological and digital transition;
Amendment 82 #
2020/2076(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Highlights that an austerity policy weakens both domestic demand and public investment and is hence incompatible with any ambitious industrial strategy;
Amendment 85 #
2020/2076(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the COVID-19 outbreak has illustrated the failure of the market economy in many aspects, notably the failure to produce sufficient first necessity products such as masks, respirators or other sanitary equipment necessary to respond to the crisis;
Amendment 92 #
2020/2076(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Considers that EU industrial policy must embrace relocationpublic investment strategies that promote the recovery of quality employment and manufacturing opportunities back to the EU, in order to increase competitiveness and avoid excessive dependency on foreign providers, particularly in strategic sectors such as health, digitalisation and energy, thus strengthening the EU’s strategic autonomythroughout the Union, in order to support the equal and sustainable development of all EU regions, particularly in strategic sectors such as health, digitalisation and energy; calls on the Commission to promote the use of public investment to create high-quality jobs and achieve ambitious social and environmental goals;
Amendment 94 #
2020/2076(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas a long-standing focus on competitiveness and market-based approaches has proven unable to solve divergence between Member States and regions, causing the loss of numerous jobs and reinforcing the de- industrialization of entire regions; whereas only strong public industrial strategy can guarantee a truly equal, sustainable and just industrial development, including high quality jobs, and ambitious social and environmental objectives;
Amendment 99 #
2020/2076(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Amendment 112 #
2020/2076(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Is of the opinion that digital and environmental transitions should be at the very core of all Unions strategies until 2050; in this context, calls on the Commission to define a comprehensive industrial strategy which manages these transitions, fosters transformation and, guaranteies the Union’s strategic autonomyquality jobs and equal development of EU territories within the union;
Amendment 122 #
2020/2076(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Stresses that the ability to recruit and retain a qualified workforce is essential to a competitivstable and sustainable EU industry; considers higher salaries and better working conditions as paramount in this respect; considers education in future- oriented sectors, skills and competences, particularly as regards Vocational Education Training and digital skills, to be essentiaimportant as well to address current skills shortages; believes that lifelong learning is a prerequisitecould help to ensure efficient and timely upskilling and reskilling of workers and should be an integral part of the EU Industrial Strategy; calls, in this regard, on the Commission to ensure complementarity between the aims of the new Industrial Strategy and the anticipated updated Skills Agenda for Europe;
Amendment 135 #
2020/2076(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Is aware that market dynamics alone do not bridge the fractures created during the transformation process if there is no proper management of the transitions and no strong industrial policies; is, furthermore, aware that while markets, competition and innovation push fast towards transformation, it is society and the environment that face the impact of these transformations; considers that balancing out the number of jobs lost in traditional industries with new jobs created in the digital and environmental sectors is not enough in itself as these new jobs are neither created in the same regions nor taken up by the same workers; calls on the Commission, therefore, to ensure that these transitions are fair and socially just, and that every action aimed at accelerating a transformation process (digital, environmental, etc.) is accompanied by a corresponding initiative to up-skill and reskill workers, with the aim of managing the effects produced by that accelerated process on both regions and people;
Amendment 142 #
2020/2076(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. In order to facilitate the digital transformation, it is important to assure that all citizens have the right and access to affordable green energy. This is a prerequisite for participation in economic and social activities in the course of the digital and green industrial transformation, which must include protection and support for vulnerable citizens;
Amendment 145 #
2020/2076(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Considers that the recent pandemic has shown the importance of digital solutions, particularly telework, and the need to establish guidelines and regulations at European level; believes that telework offers opportunities such as betterboth risks and opportunities for the work- life balance, reduced CO2 emissions related to the daily commute, and enhanced employment opportunities for people with disabilities; calls on the Commission to propose a legislative framework with a view to regulating telework conditions across the EU defending the highest employment standards and avoiding any weakening of collective bargaining and social partners’ involvement;
Amendment 145 #
2020/2076(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Highlights that EU industrial policy must address all social consequences of structural change in order to support good, fair and equal working conditions, quality employment, and equal opportunities, as well as access to well-functioning labour markets and welfare systems;
Amendment 146 #
2020/2076(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Considers that EU industrial policy must embrace public investment strategies that promote the recovery of quality employment and manufacturing opportunities throughout the Union, in order to support the equal and sustainable development of all EU regions, particularly in strategic sectors such as health, digitalisation and energy; calls on the Commission to Promote the use of public investment to create high-quality jobs and achieve ambitious social and environmental goals;
Amendment 148 #
2020/2076(INI)
Motion for a resolution
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Highlights that any industrial strategy should place workers, their representatives and trade unions, as well as workers’ interests and long-standing expertise at its core to ensure a democratic functioning; calls on the Commission to fully include workers, their representatives and trade unions at every stage of the procedure;
Amendment 161 #
2020/2076(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses that gender balance and achieving equality between men and women must be core principles of the EU’s industrial strategy; calls on the Commission to include a gender perspective in its industrial policy strategy, particularly in its measures to address the digital and green transformations, and to encourage women’s participation in the digital entrepreneurshipconomy, STEM and ICT education and employment in order to avoideliminate any industrial and digital gender gap;
Amendment 182 #
2020/2076(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the Temporary State Aid framework as a way to promptly transfer liquidity where urgently needed; calls on the Commission nonetheless to ensure that the aid provided in the emergency phase does not lead toreinforce permanent distortions and inequalities in the single market;
Amendment 187 #
2020/2076(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Highlights that emergency public support measures are incompatible with the use of tax havens and the payment of dividends to shareholders, and shall comply with strict environmental and social conditionalities. amongst which safeguarding jobs;
Amendment 190 #
2020/2076(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Considers that the economic schemes put in place by individual Member States to help SMEs and companies cope with the short-term cash crunch are useful, but will increase the debt levels of these firms; in this context, therefore, calls on the Commission to facilitate recovery through fiscal schemes that favour equity over debt and grants over loans and/or guarantees;
Amendment 214 #
2020/2076(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission to include in the recovery plan a strategy to redeploy industries in Europe and to relocatguarantee industrial production in strategic sectors; calls, moreover, on the Commission to adopt a stronger stance on unfair global competition and predatory acquisitions by SOEs and sovereign funds; is of the opinion that, in this context, the Union should implement a provisional TDI schem such as medicines or medical devices, including through public sector initiative;
Amendment 242 #
2020/2076(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Highlights that, during this critical phase, the Union should protect its market in strategic sectors and block takeovers and FDI that could further increase its dependency on foreign powersand extend the role of public initiative and investment especially in strategic sectors considered too important to be left to the market;
Amendment 260 #
2020/2076(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Is of the opinion that the industrial recovery plan should help to create new ambitious and innovative European industrial projects which go hand in hand with the current revision of the guidelines for ‘Important Projects of Common European Interest’ (IPCEI), in order to encourage the emergence of European leaders in strategic industrial sectors that are capable of competing on a global scale; considers that fossil gas should not be considered as a transition energy and therefore should not receive any public money;
Amendment 261 #
2020/2076(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Is of the opinion that the industrial recovery plan should help to create new ambitious and innovative European industrial projects which go hand in hand with the current revision of the guidelines for ‘Important Projects of Common European Interest’ (IPCEI), in order to encourage the emergence of European leaders in strategic industrial sectors that are capable of competing on a global scale;
Amendment 301 #
2020/2076(INI)
Motion for a resolution
Paragraph 9 – point c
Paragraph 9 – point c
c. distributes the financial aid among the different industrial sectors according to the damage suffered, the social impact, the challenges faced and the amount of national financial support already received through national aid schemes;
Amendment 306 #
2020/2076(INI)
Motion for a resolution
Paragraph 9 – point d
Paragraph 9 – point d
d. supports national fiscal schemes that incentivise private sector equity investment and allow companies to convert part of the loans given by the Fund into equityin concrete industrial projects;
Amendment 307 #
2020/2076(INI)
Motion for a resolution
Paragraph 9 – point d a (new)
Paragraph 9 – point d a (new)
da. gives preference to direct public investments in essential sectors and public owned companies;
Amendment 319 #
2020/2076(INI)
Motion for a resolution
Paragraph 9 – point f
Paragraph 9 – point f
f. strengthens the EIB guarantees programme and makes it complementary to national programmes in order to strengthen the impact and to progressively replacbe a valuable addition where national schemes remain necessary;
Amendment 334 #
2020/2076(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Highlights the need to support a sustainable and fair recovery beyond the COVID-19 crisis in order to enhance growth in the EU by increasing investment in thea just digital and green transitions; asks the Commission to support an ambitious Recovery Fund that is within the framework of a stronger MFF and is integrated in the own resource decision, and to pursue fiscal policy coordination to strengthen the European fiscal framework; is of the opinion that, after the peak of the pandemic, the Fund should become a permanent Reconstruction Fund to foster theguarantee just digital and green industrial transitions;
Amendment 337 #
2020/2076(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 362 #
2020/2076(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that once the emergency phase is over, the Union should embark on a second phase of its industrial strategy: ensuring the competitivenessa fair and sustainable production model which can guarantee development, resilience and sustainability of its industries in the long term, and safeguarding jobs;
Amendment 392 #
2020/2076(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Highlights the potential of the circular economy for modernising the Union’s economy, reducing its energy and resource consumption and transforming whole industrial sectors and their value chains including a responsible and sustainable supply chain management inside and outside the EU;
Amendment 394 #
2020/2076(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Highlights the potential of the circular economy for modernising the Union’s economy, reducing its energy and resource consumption and transforming whole industrial sectors and their value chains; including recycling and reuse to reduce the dependence to raw resources;
Amendment 420 #
2020/2076(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Considers that there is significant potential in domestic and global markets for low-emission technologies and sustainable products, processes and services throughout the whole value chain from raw materials to energy-intensive industries, manufacturing and the industrial services sector; considers, moreover, that the Climate Law is a first step towards enshrining climate targets into Union legislation; believes that a more holistic and systematic target framework is also required in order to ensure policy coherence across all Union policies and a homogenous governance approach in all policy areas, paving the way towards a clear and stable strategy for European industries; calls for the strict respect of the Paris agreement;
Amendment 422 #
2020/2076(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Considers that there is significant potential in domestic and global markets for low-emission technologies and sustainable products, processes and services throughout the whole value chain from raw materials to energy-intensive industries, manufacturing and the industrial services sector; considers, moreover, that the Climate Law is anot ambitious enough with the first step towards enshrining climate targets into Union legislation; believes that a more holistic and systematic target framework is also required in order to ensure policy coherence across all Union policies and a homogenous governance approach in all policy areas, paving the way towards a clear and stable strategy for European industries;
Amendment 459 #
2020/2076(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Maintains that a truly effective European industrial policy needs a dashboard of climate targets as a roadmap to shape the industry of the future; considers that all sectors should contribute towards achieving the Union’s climate objectives and, in this regard, underlines the importance of gas as a means of energy transition andreen hydrogen as a potential breakthrough technology; calls also for greater attention to be paid to network security and energy supply; calls on the Council to increase spending from the EU budget on climate change efforts; calls on the Commission to ensure that industries with high carbon leakage do not benefit from EU subsidies, and for better use to be made of the EIB, as the Union’s ‘Climate Bank’, to enhance sustainable financing to the public and private sectors and to assist companies in the decarbonisation process, and to use the Border Carbon Adjustments mechanism as a way to protect EU manufacturers and jobs from unfair international competitioncalls therefore on the Commission to adopt a new IP strategy promoting the transfer of crucial environmental technologies to developing countries by granting free or open licenses for such technologies;
Amendment 507 #
2020/2076(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Highlights the need to support a just transition, and believes that a well- designed Just Transition Mechanism, including a Just Transition Fund, would be an important tool to facilitate the transition and reach ambitious climate targets while addressing social impacts; stresses that robust financing of this instrument, including additional budgetary resources, such as a financial or a harmonised 25% minimum effective tax rate on big multinational companies would be a key element for the successful implementation of the European Green Deal;
Amendment 528 #
2020/2076(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Commission to tailor its industrial strategy to the scaling-up and commercialisation of breakthrough technologies in the Union, by providing risk financing for early-stage technology and developing early value chains to support first commercial-scale,high quality public research and development policies to support both medical and climate- neutral technologies and products;
Amendment 548 #
2020/2076(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Considers it imperative to digitalise the Union’s industries, including traditional ones; but with affected employment protection policies; calls on the Commission to invest, inter alia, in the data economy, artificial intelligence, smart production, mobility, and resilient and secure very high-speed networks; invites the Commission, in this respect, to assess the effectiveness of co- financed National Tax Credit schemes that could complement or replace traditional ‘on demand’ grants/tender-based support, especially for SMEs; highlights the importance of the European Regional Development Fund (ERDF) and the Cohesion Fund (CF) in supporting quality job creation, business competitivenesstraining, wages, business development, economic growth and sustainable development;
Amendment 552 #
2020/2076(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Considers it imperative to digitalise the Union’s industries, including traditional ones; calls on the Commission to invest, inter alia, in the data economy, artificial intelligence, smart production, mobility, and resilient and secure very high-speed networks; invites the Commission, in this respect, to assess the effectiveness of co- financed National Tax Credit schemes that could complement or replace traditional ‘on demand’ grants/tender-based support, especially for SMEs; highlights the importance of the European Regional Development Fund (ERDF) and the Cohesion Fund (CF) in supporting quality job creation, business competitivenesstraining, wages, business development, economic growth and sustainable development;
Amendment 575 #
2020/2076(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commission to implement a single European digital and data markeenvironment, to promote the non- profit exchange of data among companies and among public institutions, to develop and process data on European soil, in particular data from public bodies, to build a better digital taxation system in which profits are taxed where companies have significant interaction with users, and to further develop European standards on cybersecurity, in particular for critical infrastructure; calls to tackle the growing energy use of data centres at building, server, and software level, applying strict energy and resource efficiency, renewable energy sourcing and waste heat recovery criteria; the energy efficiency first principle could be used as an evaluation criteria to compare different digital applications;
Amendment 604 #
2020/2076(INI)
20. Considers that industrial transformation requires the integration of new knowledge and innovation into existing markets and their use in the creation of new ones; regrets, in this respect, that the Union invests less in R&D as a percentage of GDP than its global competiother actors and that it suffers from a serious lack of innovative capacity in small and medium-sized enterprises due to a shortfall in the necessary risk capital; calls on the Commission to increase the budget for those programmes that underpin the transformation of the Union’s industry, including Horizon Europe, and to foster synergies between regional, national, and European and private financial sources by taking advantage of synergies among all Union programmes;
Amendment 638 #
2020/2076(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Is of the opinion that ecosystems will be key components of the next industrial revolution, providing affordable and cleaner energy, transformative manufacturing and service-provision methods; believes, moreover, that supporting collaboration among industry, academia, SMEs, start-ups, trade unions, civil society, end-user organisations and all other stakeholders will be key to solving market failures and supporting efforts to cross the ‘valley of death’, while ensuring that workers do not pay, in any case, the bill of this efforts including in areas not yet covered by industrial interests;
Amendment 649 #
2020/2076(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Calls on the Commission to provide endogenous growth in Europe, in orienting value through consumption and investment; believes that financialization is a threat for wage and investment in attracting profit from the industries to the shareholders; considers that fiscal policies and international cooperation in this matter should constraint the firms’ Financial strategies to promote surplus repartition for workers and investment instead of for shareholders;
Amendment 653 #
2020/2076(INI)
Motion for a resolution
Paragraph 21 b (new)
Paragraph 21 b (new)
21b. Considers that essential sectors for ensuring the autonomy of the EU policy for health, safety, transport and infrastructure need leapfrogging to guarantee their long-term development; calls on the Commission for planning policy in key essential sectors in order to balance the development of such industries across Europe, discussed in stakeholders working groups including the above-mentioned stakeholders; calls for creation in each identified key sector the creation of public platforms for R&D and R&T, in which the above-mentioned stakeholders can identify and support product and process innovations that match the relevant citizens’ needs;
Amendment 683 #
2020/2076(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Calls on the Commission to produce guidelines for national statistics agencies in order to gather relevant data about the industries, especially manufacturing, in Europe, to measure the integration of the value chains, the evolution of employment and territorial development;
Amendment 686 #
2020/2076(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
Amendment 6 #
2020/2071(INI)
Draft opinion
Recital A
Recital A
A. whereas the coronavirus pandemic has exacerbated the growing problem of medicine shortages across the EU; whereas the ensuing disruption of the global supply chain has highlighted the EU’s dependency on third countdeficiencies of market mechanisms with research and development, production and trade controlled by multinational enterprises, and the EU’s dependency on these for medicines and active pharmaceutical ingredients;
Amendment 17 #
2020/2071(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
A a. Recognizes that drug shortages are sometimes artificially created by pharmaceutical companies that choose to produce more profitable drugs while neglecting less profitable ones;
Amendment 50 #
2020/2071(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Insists that the Commission urgently launches a multi-stakeholder consultation to identify key supply chain issues that directly cause or increase the risk of medicine shortages; calls on the Commission to propose ambitious and concrete actions to address these issues in its planned pharmaceutical strategy with, among others, a mechanism to oblige the companies owning the patents to produce the needed medicines even if they are less profitable, and the possibility to impose compulsory licences in order to facilitate, without constraint, the increase of the production of the most needed drugs or vaccines;
Amendment 85 #
2020/2071(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses the urgent need for the EU to reduce its over-reliance on a small number of third countries for medicine manufacturing and as sources of active pharmaceutical ingredients; calls therefore the EU to enable the creation of a European public pharmaceutical hub which will have the responsibility to ensure the production of essential drugs and vaccines and make them available at cost price to the health departments of Member States;
Amendment 124 #
2020/2071(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Highlights the fact that Horizon 2020 has already financed a significant number of health-related research and innovation activities; calls for more funding to be provided through Horizon Europe to create and support medicine- focused research ecosystems.public-owned research;
Amendment 5 #
2020/2020(INI)
Draft opinion
Recital A
Recital A
A. whereas Article 3 of the Treaty on European Union stipulates that the Union is to promote social justice and protectionthe Treaties are primary European Union legislation and are the basis and ground rules for all EU action; whereas Article 3 of the Treaty on European Union stipulates that the Union is to promote social justice and protection; whereas Article 9 of the Treaty on the Functioning of the European Union states that in defining and implementing its policies and activities, the Union shall take into account requirements linked to the promotion of a high level of employment,the guarantee of adequate social protection, the fight against social exclusion, and a high level of education, training and protection of human health;
Amendment 10 #
2020/2020(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas the internal market should serve the welfare of all, in accordance with the tradition of social progress rooted in the history of Europe and mentioned in the Treaties, economic freedoms cannot be interpreted as granting undertakings the right to exercise them for the purpose or with the effect of undermining, evading or circumventing national social and employment laws and practices or for social dumping;
Amendment 23 #
2020/2020(INI)
Draft opinion
Recital B
Recital B
B. whereas the free movement of services requires the free movement of workers; whereas the free movement of services must under no circumstances undermine workers’ rights, social protection orand the principle of subsidiarity, and; whereas access to information about applicable rules as well as effective compliance, monitoring and enforcement, including safe ways to report abuses are necessary preconditions for fair mobility; whereas digital technology can facilitate the supervision and enforcement of the rules safeguarding the rights of mobile workers;
Amendment 28 #
2020/2020(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
Ba. whereas the free movement of services shouldn’t be to the detriment of worker’s representation rights, including the right to negotiate, conclude and enforce collective agreements and to take collective action, and not infringe upon the autonomy of social partners when exercising these fundamental rights in pursuit of social interests and the protection of workers; whereas any fair and sustainable mobility requires placing workers, their representatives and trade unions, as well as workers’ interests and long standing expertise at its core to ensure it is oriented on the basic needs of society;
Amendment 35 #
2020/2020(INI)
Draft opinion
Recital B b (new)
Recital B b (new)
Bb. whereas the current Covid-19 crisis has exposed and exacerbated social dumping and the existing precariousness of the situations of many mobile workers and gaps in the implementation and enforcement of existing legislation for their protection; whereas posted workers in the framework of the provision of services have experienced abuses in particular with regard to their working conditions, access to health and safety, social protection, safe transport and decent accommodation;
Amendment 39 #
2020/2020(INI)
Draft opinion
Recital B c (new)
Recital B c (new)
Bc. whereas the massive outbreak of Covid-19 in slaughterhouses in Germany, directly related to poor labour and housing conditions as well as the common use of subcontracting based on the free movement of services, illustrates the potential impact of the free movement of services on public health;
Amendment 40 #
2020/2020(INI)
Draft opinion
Recital B d (new)
Recital B d (new)
Bd. whereas the current rules applicable to worker’s mobility in the European Union allow fraud and social dumping, undermining workers’ rights and damaging fair competition between Member States;
Amendment 41 #
2020/2020(INI)
Draft opinion
Recital B e (new)
Recital B e (new)
Be. whereas liberalisation of services came along with the assumption that competition would be synonymous with accessible prices and better quality services, while in fact it often lead to a domination of a very small number of large companies, increasingly precarious employment and increased costs for consumers and degradation of the services provided;
Amendment 42 #
2020/2020(INI)
Draft opinion
Recital B f (new)
Recital B f (new)
Bf. whereas the majority workers in the European Union are employed by SMEs; whereas the protection of workers’ rights must be a priority for every kind of company and every form of employment; whereas initiatives targeting SMEs and start-ups must not provide opportunities for businesses to circumvent existing rules, lower workers’ and consumer protection standards, or increase the risk of corporate fraud, criminal activities and letterbox companies; recalls that unfair competition is the dominant source of difficulties for genuine SMEs;
Amendment 45 #
2020/2020(INI)
Draft opinion
Recital C
Recital C
C. whereas the social implications of the free movement of services mean the EU needs a robust cohesion policy and a fair and geographically balanced industrial policycan affect both regions of origin (demographic decline, shortage of workers and skills, reduction in tax revenue) and regions hosting mobile workers (social dumping and wage competition); whereas these consequences therefore mean the EU needs a robust cohesion policy and a fair and geographically balanced industrial policy that must reinforce social cohesion and in that way contribute to the fight against social dumping;
Amendment 50 #
2020/2020(INI)
Draft opinion
Recital C a (new)
Recital C a (new)
Ca. whereas the European services card as proposed by the European Commission would mean transferring primary responsibility for the compliance procedure to the home Member State, in contradiction with the established principle of the host country; whereas differences between regulatory models do not in themselves indicate that reform is necessary; whereas many regulations are based on tradition and experience and whereas the principle of 'equivalence' is based on the very existence of these different systems;
Amendment 54 #
2020/2020(INI)
Draft opinion
Recital C b (new)
Recital C b (new)
Cb. whereas the revision notification procedure proposed by the Commission would hinder the exercise of legislative and regulatory powers so that a national or local rule which could better achieve objectives for the regulation of service activities could be deprived of enforceability; whereas the implementation of preventive action prohibiting the implementation of a notified measure would unduly constrain the intervention capacities of Member States and local authorities;
Amendment 70 #
2020/2020(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Opposes the introduction of the country-of-origin principle, and considers that the free movement of services must be achieved without undermining workers’ rights and social rights; considers that the mobility of workers providing these services should not only be free but also fair, notably in regard to equal rights, working conditions and social protection; calls on the Commission and Member States to amend current legislation prioritising workers' rights over the free movement of services.
Amendment 76 #
2020/2020(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Underlines that in order to be free, safe and fair, the future of the free movement of services needs increasing cohesion in the internal market; highlights the importance in that regard of public investment, fair and progressive taxation, public spending on public services and infrastructures as well as social, workers’ and trade union rights; urges the Commission to review the priorities for the future of free movement of services in this view;
Amendment 83 #
2020/2020(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Reminds that administrative practices and regulation of services are justified to protect workers, consumers, the environment and secure a level playing-field, legal certainty and predictability for entrepreneurs and business;
Amendment 87 #
2020/2020(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Recalls that the subsidiarity principle is a fundamental principle of the internal market; recalls the constitutional right of Member States to go beyond the minimum levels established by European Union directives as part of their internal democratic legislative processes in order to reach policy objectives such as ensuring quality services and a high level of protection of workers, consumers and the environment;
Amendment 110 #
2020/2020(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Considers that post-Covid19 all relevant EU policies including those aimed at strengthening the internal market must embrace the recovery of quality employment and manufacturing opportunities throughout the Union, in order to support the equal and sustainable development of all EU regions;
Amendment 115 #
2020/2020(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Highlights that any future initiative on the design and implementation of the regulation of professions and free movement of services should place workers, their representatives and trade unions, as well as workers’ interests and long-standing expertise at its core to ensure democratic functioning and high social and environmental standards; calls on the Commission to fully include workers, their representatives and trade unions at every stage of the procedure;
Amendment 128 #
2020/2020(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Commission and Member States to promote the use of digital tools and provide labour inspectorates with sufficient resources.; calls on the Member States to improve the cooperation and the exchange of information on social security systems: Calls on the Commission to put forward an initiative for a European Social Security Number, providing legal certainty for workers and businesses, while effectively also controlling subcontracting practices, and combatting social frauds such as false self- employment, bogus posting, letterbox companies and other artificial arrangements;
Amendment 136 #
2020/2020(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Underlines that harmful practices on the free movement of workers affect every Member State; Calls for increased vigour from the Commission to ensure efficient coordination and exchange of information between Member States, so as to improve the enforcement of procedures and checks for the cross-border provision of services, including workers’ rights, effectively detecting abuses and exploitation such as social fraud, false self-employment, bogus posting, letter-box companies and artificial arrangements through subcontracting and in supply- chains; Calls on the Commission and Member States to strength the common labour inspections
Amendment 147 #
2020/2020(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Expresses deep concern that a European services e-card may create additional loopholes in existing legislation, hinder effective controls and enforcement of the rules in place by effectively introducing the country of origin principle; is of the opinion that such a proposal is a support program for undeclared work, letter box companies, avoiding labour standards, fair pay, collective agreements and social dumping; therefore calls on the Commission to withdraw the legislative services e-card proposal as previously requested by the European Parliament;
Amendment 154 #
2020/2020(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Considers the Commission proposal for a revised services notification procedure would undermine the legislative competence of the Member States in the field of services and does not comply with the principle of subsidiarity; therefore calls on the Commission to withdraw this proposal;
Amendment 160 #
2020/2020(INI)
Draft opinion
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. Calls on Member States to ban subcontracting so that employers take direct responsibility for their workers, minimise worker turnover at the workplace where an acute risk for public health exists and halt the use of precarious contracts;
Amendment 13 #
2020/1998(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Recalls that, before the COVID-19 pandemic, more than 100 million Europeans were struggling with poverty and material deprivation on a daily basis and that the situation is likely to deteriorate as a result of the pandemic; recognises the crucial role of the European Social Fund (ESF), the Youth Employment Initiative (YEI), the European Globalisation Adjustment Fund (EGF), the Programme for Employment and Social Innovation (EaSI) and the Fund for European Aid to the Most Deprived (FEAD) in the current 2014-2020 MFF; calls for the Union to increase its efforts to boost cohesion and social convergence in Europe; proposes that the ESF budget, and notably the FEAD be doubled to overcome poverty in Europe;
Amendment 22 #
2020/1998(BUD)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Emphasises that, in accordance with Article 151 TFEU, the Union and the Member States, having in mind fundamental social rights such as those set out in the European Social Charter signed at Turin on 18 October 1961 and in the 1989 Community Charter of the Fundamental Social Rights of Workers, shall have as their objectives the promotion of employment, the improvement of living and working conditions, proper social protection, the development of lasting high quality employment and the combating of exclusion;
Amendment 28 #
2020/1998(BUD)
Draft opinion
Paragraph 4
Paragraph 4
4. Stresses that the recovery efforts should boost jobs andand the Union budget should benefit the people and be focused primarily on boosting quality jobs and sustainable growth, the resilience of our societies and should be complemented by a strong social dimension, addressing social and economic inequalities and the needs of those hardest hit by the crisis, particularly potentially vulnerable and disadvantaged groups, whose inclusion in the labour market must be supported and fostered;
Amendment 56 #
2020/1998(BUD)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls for EU programmes to focus on projects that promote and enhance the safeguarding of existing jobs and the creation of quality jobs with rights and stable and regulated pay and working conditions, as well as effectively and incisively combating poverty and social exclusion;
Amendment 61 #
2020/1998(BUD)
Draft opinion
Paragraph 8
Paragraph 8
8. Welcomes, in light of the expected increase in demand in the wake of the coronavirus pandemic, the Commission proposal to increase the annual funding available for EGF to EUR 386 million from 2021 onwards and is concerned that the Council proposal to limit this funding to EUR 197 million in 2021 could undermine its paramount role in offering assistance to workers who lost their job in restructuring events; insists that particular emphasis shall lie on Member States and regions having been hit hardest and where the national and regional authorities lack adequate resources for taking the necessary measures; recalls that the EGF is without prejudice to the social responsibilities of the companies concerned, in particular where it concerns their contribution to the social plans for displaced workers;
Amendment 68 #
2020/0321(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The unprecedented experience of the COVID-19 pandemic has demonstrated that the Union should be more effective and transparent in managing the availability of medicinal products and medical devices and in developing medical countermeasures to address the threats posed to public health. The Union’s ability to do so has been severely impeded by austerity measures affecting public health services, insufficient public control on production, and by the absence of a clearly defined legal framework for managing its response to the pandemic, and also by the limited degree of Union preparedness in case of a public health emergency impacting a majority of Member States.
Amendment 92 #
2020/0321(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) In order to ensure that safe, high quality, and efficacious medicinal products, which have the potential to address public health emergencies, can be developed and made available within the Union as soon as possible during public health emergencies, an emergency task force driven by public-health needs only should be established within the Agency to provide advice on such medicinal products. The Emergency Task Force should provide independent advice free of charge on scientific questions related to the development of treatments and vaccines and on clinical trial protocols, to those organisations involved in their development, such as marketing authorisation holders, clinical trial sponsors, public health bodies, and academia, irrespective of their exact role in the development of such medicinal products.
Amendment 94 #
2020/0321(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) TWhile guaranteeing the independence of any subsequent evaluations, the work of the Emergency Task Force should be separate from the work of the scientific committees of the Agency and should be carried out without prejudice to the scientific assessments of those committees. The Emergency Task Force should provide recommendations driven only by science and public-health needs and not by other interests, with regard to the use of medicinal products in the fight against the disease that is responsible for the public health crisis. The Committee for Medicinal Products for Human Use should be able to use those recommendations when preparing scientific opinions on compassionate or other early use of a medicinal product prior to marketing authorisation.
Amendment 97 #
2020/0321(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The establishment of the Emergency Task Force should build on the support provided by the Agency during the COVID-19 pandemic, notably as regards scientific advice on clinical trials design and product development, the transparency of related activities, including the rapid publishing clinical data for the products in question, as well as the ‘rolling’ review i.e. on an on-going basis, of emerging evidence to allow a more efficient assessment of medicinal products including vaccines during public health emergencies.
Amendment 103 #
2020/0321(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) This Regulation also provides the Agency with a role to support the expert panels on medical devices designated under Commission Implementing Decision (EU) 2019/139612 to provide independent scientific and technical assistance to the Member States, the Commission, the Medical Device Coordination Group (MDCG), notified bodies and manufacturers, while upholding maximum transparency as a condition for fostering trust and confidence in the EU regulatory system. _________________ 12Commission Implementing Decision (EU) 2019/1396 of 10 September 2019 laying down the rules for the application of Regulation (EU) 2017/745 of the European Parliament and of the Council as regards the designation of expert panels in the field of medical devices OJ L 234, 11.9.2019, p. 23
Amendment 114 #
2020/0321(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) Rapid access and exchange of health data, including when generated with appropriate quality criteria, real world data i.e. health data generated outside of clinical studies, iscan be essential as supportive evidence or signal-eliciting evidence to ensure effective management of public health emergencies and other major events. This Regulation should allow the Agency to use and facilitate such exchange and be part of the establishment and operation of the European Health Data Space infrastructure.
Amendment 149 #
2020/0321(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The Medicines Steering Group shall be composed of a representative of the Agency, a representative of the Commission and one senior representative per Member State. Each Member State shall appoint their representative. Members may be accompanied by experts in specific scientific or technical fields. The declarations of interests of all experts shall be made public and all necessary restrictions shall apply where conflicts of interest occur.
Amendment 154 #
2020/0321(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The Medicines Steering Group shall be chaired by the Agency. The Chair may invitedecide to hear third parties, including representatives of medicinal product interest groups and marketing authorisation holders to attend its meetingmarketing authorisation holders, developers of medicinal products, clinical trial experts, public-health advocacy groups, sectoral trade unions, consumer and patient organisations, as well as healthcare professionals.
Amendment 155 #
2020/0321(COD)
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. The Medicines Steering Group shall establish its rules of procedure including procedures relating to the working party referred to the paragraph 5 and on the adoption of lists, sets of information, and recommendations. The rules of procedure shall enter into force after receiving a favourable opinion from the Commission and the Management Board of the Agency. After being established, these rules shall be made publicly available.
Amendment 214 #
2020/0321(COD)
Proposal for a regulation
Article 9 – paragraph 3 – point e
Article 9 – paragraph 3 – point e
(e) production, sales and market share data;
Amendment 216 #
2020/0321(COD)
Proposal for a regulation
Article 9 – paragraph 3 – point g
Article 9 – paragraph 3 – point g
(g) mitigation plans including location- specific manufacturing, production and supply capacity;
Amendment 222 #
2020/0321(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. In order to facilitate the monitoring referred to in Article 7 and following a request from the Agency, marketing authorisation holders for medicinal products included on the critical medicines lists shall submit the information referred to in Article 9(3) by the deadline set by the Agency. They shall submit the information through the points of contact designated in accordance with Article 9(2) and using the reporting methods and system established pursuant to Article 9(1). They shall provide updates whenevere necessary or upon request.
Amendment 225 #
2020/0321(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Where marketing authorisation holders for medicinal products included on the critical medicines lists indicate that the submitted information might contains information of a commercially confidential nature, they shall identify the relevant parts and, clarify the reasons for such an indication. The Agency shall assess the merits of each request and protect commercially confidential information against unjustified disclosure and offer sufficient, actual and specific evidence of harm stemming from disclosure. The Agency shall assess the merits of each request, considering the benefits for public health of disclosure and act accordingly.
Amendment 235 #
2020/0321(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
The Agency shall, via its web-portal and other appropriate means, in conjunction with national competent authorities, inform the public and interest groups with regard to the work of the Medicines Steering Group. and the data used and its sources based on which the recommendations of the Medicines Steering Group are taken. Proceedings and recommendations, including dissenting views, shall be documented and made publicly available.
Amendment 245 #
2020/0321(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point e
Article 14 – paragraph 2 – point e
(e) providing, by making publicly available, scientific recommendations with regard to the use of any medicinal product, which may have the potential to address public health emergencies, in accordance with Article 16;
Amendment 248 #
2020/0321(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The Emergency Task Force shall be composed of representatives of the scientific committees, working parties, and staff members of the Agency, the coordination group established in accordance with Article 27 of Directive 2001/83/EC, and the Clinical Trials Coordination and Advisory Group established in accordance with Article 85 of Regulation (EU) 536/2014.21 External experts may be appointed and representatives of other Union bodies and agencies be invited on an ad hoc basis, as necessary. It shall be chaired by the Agency. Members of the Emergency Task Force, including external experts, shall not have financial or other interests in the health industry which could affect their independence and impartiality. They shall undertake to act in the public interest and in an independent manner, and shall make an annual declaration of their financial interests which shall be published. Members of the Emergency Task Force shall declare, at each meeting, any potential conflict of interest with respect to the items on the agenda. In the event of such a conflict of interest, the concerned member shall withdraw from the meeting. _________________ 21Regulation (EU) No 536/2014 of the European Parliament and of the Council of 16 April 2014 on clinical trials on medicinal products for human use, and repealing Directive 2001/20/EC, OJ L 158, 27.5.2014, p. 1
Amendment 250 #
2020/0321(COD)
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. The composition of the Emergency Task Force shall be approved by the Management Board of the Agency and made publicly available. The Executive Director of the Agency or their representative and representatives of the Commission shall be entitled to attend all meetings.
Amendment 251 #
2020/0321(COD)
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
5. The Chair may invite representatives of Member States, members of scientific committees of the Agency and working parties, and third parties, including representa to attend its meetings, and decide to hear third partives of medicinal product interest groups,, including marketing authorisation holders, developers of medicinal products, clinical trial sponsors, representatives of clinical trial networks, and interest groups representing patients andexperts, public health advocacy groups, sectoral trade unions, consumer and patient organisations, as well as healthcare professionals to attend its meetings.
Amendment 253 #
2020/0321(COD)
Proposal for a regulation
Article 14 – paragraph 8
Article 14 – paragraph 8
8. Article 63 of Regulation (EC) No 726/2004 shall apply to the Emergency Task Force as regards transparency and the independence of its members. Declarations of interest shall be made publicly available for all stakeholders and experts consulted. Stakeholders and experts with conflicts of interest shall not participate in the process.
Amendment 264 #
2020/0321(COD)
Proposal for a regulation
Article 15 – paragraph 6
Article 15 – paragraph 6
6. Where a developer is the recipient of scientific advice, the developer shall subsequently and continuously submit all the data resulting from clinical trials to the Agency following a request made pursuant to Article 16.
Amendment 266 #
2020/0321(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. In preparation of the review, the Emergency Task Force may request all relevant information and data from marketing authorisation holders and from developers and engage with them in preliminary discussions. The Emergency Task Force may also, where available, make use of observational studies of health data generated outside of clinical studies taking into account their reliabilityshall use the results of comparative randomized controlled trials when available, but, if not, may also, when necessary, make use of real world data including pragmatic trials as in “close to everyday practice” taking into account their reliability as supportive evidence or signal-eliciting evidence.
Amendment 271 #
2020/0321(COD)
Proposal for a regulation
Article 16 – paragraph 3 – introductory part
Article 16 – paragraph 3 – introductory part
3. Based on a request from one or more Member States, or the Commission, the Emergency Task Force shall provide independent recommendations, driven only by public-health needs and not by other interests, to the Committee for Medicinal Products for Human Use for an opinion in accordance with paragraph 4 on the following:
Amendment 274 #
2020/0321(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
The Agency shall, via its web-portal and other appropriate means and, in conjunction with national competent authorities, inform the public and relevant interest groups with regard to the work and the data and sources used in the decision- making process of the Emergency Task Force.
Amendment 284 #
2020/0321(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. The Medical Devices Steering Group shall be composed of a representative of the Agency, a representative of the Commission and one senior representative per Member State. Each Member State shall appoint their representative. Members may be accompanied by experts in specific scientific or technical fields. The declarations of interests of all experts must be made public and all necessary restrictions shall apply where conflicts of interest occur.
Amendment 286 #
2020/0321(COD)
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. The Medical Devices Steering Group shall be chaired by the Agency. The Chair may invitedecide to hear third parties, including representatives of medical device interest groups to attend its meetingdevelopers and producers of medical devices, public-health advocacy groups, sectoral trade unions, consumer and patient organisations, as well as healthcare professionals.
Amendment 297 #
2020/0321(COD)
Proposal for a regulation
Article 22 – paragraph 5 a (new)
Article 22 – paragraph 5 a (new)
5 a. All the recommendations made by the Medical Devices Steering Group shall be made publicly available.
Amendment 884 #
2020/0310(COD)
Proposal for a directive
Article 11 a (new)
Article 11 a (new)
Amendment 48 #
2020/0103(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) Given its specific recommendations and structural reforms, the European Semester is a tool for EU interference, designed to enforce and circumscribe the Member States’ fiscal and economic policies, and very often it resorts to blackmail and sanctions as a means to apply measures intended to liberalise public services, deregulate labour and enforce austerity policies. Its implementation leads to sluggish economic development, unemployment, poverty and socio-economic and territorial disparities.
Amendment 56 #
2020/0103(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) The Technical Support Instrument may help to build the capacity of national authorities, public and private organisations and the populations that benefit from the projects it supports, paving the way for more efficient and effective use of recovery and resilience funds, with better implementation and a real impact on the delivery of policies that are in line with Member States’ needs and their development strategies, promoting decent work that is fairly paid and based on collective bargaining; that promote public investment in infrastructure and productive sectors, supporting green and innovative development that safeguards social and territorial cohesion; that boost and invest in public services, providing high-quality and universal social responses.
Amendment 85 #
2020/0103(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
The general objective of the instrument shall be to promote the Union’s economic, social and territorial cohesion in the European Union by supporting Member States’ efforts to implement reforms necessaryprojects that promote their development, investment in productive and strategic sectors, and the structuring of universal, free and high-quality public services, with a view to achieveing economic and social recovery, resilience and upward economic and social convergence, and to support Member States’ efforts to strengthen their administrative capacity to implement Union law in relation to challenges faced by institutions, governance, public administration, and economic and social sectors.
Amendment 94 #
2020/0103(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
To achieve the general objective set out in Article 3, the instrument shall have the specific objectives of assisting national authorities in improving their capacity to design, develop and implement reformprojects, including through exchange of good practices, appropriate processes and methodologies and a more effective and efficient human resources management. Those specific objectives shall be pursued in close cooperation with the Member States concerned.
Amendment 128 #
2020/0036(COD)
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) The Commission in its Communication Europe's moment: Repair and Prepare for the Next Generation announced its intention to accelerate the digital transformation. The Covid-19 emergency highlighted the dependence on energy for societal participation, the exercise of citizenship and the ability to work in a digital economy. In order to prevent social exclusion and to ensure that EU citizens reach their full potential in the digital transformation the Commission shall ensure that all EU citizens have a right to energy including provisions for access to energy and protection and support for vulnerable consumers.
Amendment 270 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point a
Article 3 – paragraph 3 – point a
(a) cost-effectiveness and economic efficiencyenvironmental impact and social benefit;
Amendment 279 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point b
Article 3 – paragraph 3 – point b
Amendment 289 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point c
Article 3 – paragraph 3 – point c
(c) best available technologyand sustainable technology and the need to phase out of fossil fuels;
Amendment 297 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point d
Article 3 – paragraph 3 – point d
(d) energy efficiency, energy affordability, citizens’ right to energy and security of supply;
Amendment 351 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point j a (new)
Article 3 – paragraph 3 – point j a (new)
(ja) the need to phase out of fossil fuels;
Amendment 354 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point j b (new)
Article 3 – paragraph 3 – point j b (new)
(j b) resilience to climate change and other health emergencies;
Amendment 356 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point j c (new)
Article 3 – paragraph 3 – point j c (new)
(j c) the need to protect vulnerable citizens.
Amendment 493 #
2020/0036(COD)
Proposal for a regulation
Article 9 a (new)
Article 9 a (new)
Article 9 a The Commission in its Communication Europe's moment: Repair and Prepare for the Next Generation announced its intention to accelerate the digital transformation. The Covid-19 emergency highlighted the dependence on energy for societal participation, the exercice of citizenship and the ability to work in a digital economy. In order to prevent social exclusion and to ensure that EU citizens reach their full potential in the green and digital transformation, the Commission shall propose legislation that gives EU citizens a right to energy including provisions for access to energy and protection and support for vulnerable consumers.
Amendment 498 #
2020/0036(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point 1
Article 10 – paragraph 1 – point 1
Regulation (EU) 2018/1999
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) implement strategies and measures designed to meet the Union’s climate- neutrality objective as set out in Article 2 of Regulation …/… [Climate Law], the objectives and targets of the Energy Union, international commitments under the Paris Agreement and for the first ten-year period, from 2021 to 2030, in particular the Union’s 2030 targets for energy and climate;;
Amendment 505 #
2020/0036(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point 4
Article 10 – paragraph 1 – point 4
Regulation (EU) 2018/1999
Article 8 – paragraph 2 – point e
Article 8 – paragraph 2 – point e
(e) the manner in which existing policies and measures and planned policies and measures contribute to the achievement of the Union’s climate- neutrality objective set out in Article 2 of Regulation …/… [Climate Law]. and international commitments under the Paris Agreement;
Amendment 509 #
2020/0036(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point 5
Article 10 – paragraph 1 – point 5
Regulation (EU) 2018/1999
Article 11
Article 11
Each Member State shall establish a multilevel climate and energy dialogue pursuant to national rules, in which local authorities, civil society organisation, trade unions, business community, investors and other relevant stakeholders and the general public are able actively to engage and discuss the achievement of the Union’s climate-neutrality objective set out in Article 2 of Regulation …/… [Climate Law] and the different scenarios envisaged for energy and climate policies, including for the long term, and review progress, unless it already has a structure which serves the same purpose. Integrated national energy and climate plans may be discussed within the framework of such a dialogue.;
Amendment 514 #
2020/0036(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point 6
Article 10 – paragraph 1 – point 6
Regulation (EU) 2018/1999
Article 15 – paragraph 3 – point c
Article 15 – paragraph 3 – point c
(c) achieving long-term greenhouse gas emission reductions and enhancements of removals by sinks in all sectors in accordance with the Union's climate- neutrality objective set out in Article 2 of Regulation …/… [Climate Law] and international commitments under the Paris Agreement;
Amendment 517 #
2020/0036(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point 7 – point a
Article 10 – paragraph 1 – point 7 – point a
Regulation (EU) 2018/1999
Annex I – Part 1 – section A – point 3.11 – point i
Annex I – Part 1 – section A – point 3.11 – point i
(i) Policies and measures to achieve the target set under Regulation (EU) 2018/842 as referred in point 2.1.1 and policies and measures to comply with Regulation (EU) 2018/841, covering all key emitting sectors and sectors for the enhancement of removals, with an outlook to the climate-neutrality objective set out in Article 2 of Regulation …/… [Climate Law] and international commitments under the Paris Agreement;
Amendment 518 #
2020/0036(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point 7 – point b
Article 10 – paragraph 1 – point 7 – point b
Regulation (EU) 2018/1999
Annex I – Part 1 – section B – point 5.5
Annex I – Part 1 – section B – point 5.5
5.5. The contribution of planned policies and measures to the achievement of the Union’s climate-neutrality objective set out in Article 2 of Regulation …/… [Climate Law] and international commitments under the Paris Agreement;
Amendment 521 #
2020/0036(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point 8
Article 10 – paragraph 1 – point 8
Regulation (EU) 2018/1999
Annex VI – point c – point viii
Annex VI – point c – point viii
(viii) an assessment of the contribution of the policy or measure to the achievement of the Union’s climate-neutrality objective set out in Article 2 of Regulation …/… [Climate Law] and international commitments under the Paris Agreementand to the achievement of the long-term strategy referred to in Article 15;.
Amendment 60 #
2020/0006(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The transition to a climate-neutral and circular economy constitutes one of the most important policy objectives for the Union. On 12 December 2019, the European Council endorsed the objective of achieving a climate-neutral Union by 2050, in line with the objectives of the Paris Agreement. While fighting climate change and environmental degradation will benefit all in the long term and provides opportunities and challenges for all in the medium term, not all regions and Member States start their transition from the same point or have the same capacity to respond. Some are more advanced than others, whereas the transition entails a wider social and economic impact for those regions that rely heavily on fossil fuels - especially coal, lignite, peat and oil shale - or greenhouse gas intensive industries. Such a situation not only creates the risk of a variable speed transition in the Union as regards climate action, but also of growing disparities between regions, detrimental to the objectives of social, economic and territorial cohesion. The Fund should also take into account territories that already made an effort to transition and must still complete it.
Amendment 82 #
2020/0006(COD)
Proposal for a regulation
Recital 2
Recital 2
2. The transition to a climate-neutral and circular economy constitutes one of the most important policy objectives for the Union. On 12 December 2019, the European Council endorsed the objective of achieving a climate-neutral Union by 2050, in line with the objectives of the Paris Agreement. While fighting climate change and environmental degradation will benefit all in the long term and provides opportunities and challenges for all in the medium term, not all regions and Member States start their transition from the same point or have the same capacity to respond in view of their specific historical and cultural circumstances or the impact of austerity policies on their economic growth. Some are more advanced than others, whereas the transition entails a wider social and economic impact for those regions that rely heavily on fossil fuels - especially coal, lignite, peat and oil shale - or greenhouse gas intensive industries. Such a situation not only creates the risk of a variable speed transition in the Union as regards climate action, but also of growing disparities between regions, detrimental to the objectives of social, economic and territorial cohesion.
Amendment 92 #
2020/0006(COD)
Proposal for a regulation
Recital 3
Recital 3
3. In order to be successful, the transition has to be fair and socially acceptable for all, the transition must ensure the right to decent working conditions for those affected, seeking to bring their skills into line with emerging new workplace requirements. 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 adverseoffset the harmful consequences. The Union budget has an important role in that regard.
Amendment 103 #
2020/0006(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
3a. To ensure that JTF objectives are met, it is essential to step up the EU budget and its role in redistributing resources towards effective economic and social convergence between Member States (through the deployment of structural, investment and cohesion funding) and providing grants (not loans) to Member States in order to underpin their productive sectors and promote employment with rights.
Amendment 105 #
2020/0006(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The resources from the JTF should complement and not substitute the resources available under cohesion policy or under MS budgets..
Amendment 113 #
2020/0006(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Transitioning to a climate-neutral economy is a challenge for all Member States. It will be particularly demanding for those Member States that rely heavily on fossil fuels or greenhouse gas intensive industrial activities which need to be phased out or which need to adapt due to the transition towards climate neutrality and that lack the financial means to do so. The JTF should therefore cover all Member States, but the distribution of its financial means should reflect the capacity of Member States to finance the necessary investments to cope with the transition towards climate neutrality, as well as efforts of transition already made during the last programming periods (2007-2014 and 2014-2020).
Amendment 123 #
2020/0006(COD)
Proposal for a regulation
Recital 5
Recital 5
5. This Regulation establishes the Just Transition Fund (‘JTF’) which is one of the pillars of the Just Transition Mechanism implemented under cohesion policy. The aim of the JTF is to mitigate the adverse effects of the climate transition by supporting the most affected territories and workers concerned. In line with the JTF specific objective, actions supported by the JTF should directly contribute to alleviate the impact of the transition by financing the diversification and modernisation of the local economy and by mitigatingoffset the negative repercussions on employment. This is reflected in the JTF specific objective, which is established at the same level and listed together with the policy objectives set out in Article [4] of Regulation EU [new CPR].
Amendment 160 #
2020/0006(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
9a. The FTJ should promote the territorial spread of investments (from agricultural and industrial production to energy production hubs), ensuring cohesion and balanced occupation of territory, avoiding divergence between Member States and, on the contrary, promoting convergence between them.
Amendment 166 #
2020/0006(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) In order to provide flexibility for the programming of the JTF resources under the Investment for jobs and growth goal, it should be possible to prepare a self- standing JTF programme or to programme JTF resources in one or more dedicated priorities within a programme supported by the European Regional Development Fund (‘ERDF’), the European Social Fund Plus (‘ESF+’) or the Cohesion Fund, +, and/or with MS own funds.. 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 168 #
2020/0006(COD)
Proposal for a regulation
Recital 10
Recital 10
10. This Regulation identifies types of investments for which expenditure may be supported by the JTF. All supported activities should be pursued in full respect of the climate and environmental priorities of the Union. The list of investments should include those that support local economies, promote decent employment and are sustainable in the long- term, taking into account all the objectives of the Green Deal. The projects financed should contribute to a transition to a climate- neutral and circular economy based on measures to promote decent workplace conditions. For declining sectors, such as energy production based on coal, lignite, peat and oil shale or extraction activities for these solid fossil fuels, support should be linked to the phasing out of the activity and the correspondingindustrial reconfiguration of the regions affected, preventing a structural reduction in the employment level. As regards transforming sectors with high greenhouse gas emission levels, support should promote new activities through the deployment of new technologies, new processes or products, leading to significant emission reduction, in line with the EU 2030 climate objectives and EU climate neutrality by 205013 while maintaining and enhancing employment with rights and avoiding environmental degradation. Particular attention should also be given to activities enhancing innovation and research in advanced and sustainable technologies, as well as in the fields of digitalisation and connectivity, provided that such measures help mitigate the negative side effects of a transition towards, and contribute to, a climate- neutral and circular economy. __________________ 13 As set out in “A Clean Planet for all European strategic long-term vision for a prosperous, modern, competitive and climate neutral economy”, Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee, the Committee of the Regions and the European Investment Bank - COM(2018) 773 final.
Amendment 170 #
2020/0006(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The JTF support should be conditional on the effective implementation of a transition process in a specific territory in order to achieve a climate-neutral economy. In that regard, Member States should prepare, in cooperation with the relevant stakeholders and supported by the Commission, territorial just transition plans, detailing the transition process, consistently with their National Energy and Climate Plans. These Plans must be ruled by principles of transparency, internal democracy, citizen participation and control by social partners and stakeholders in the territories. To this end, the Commission should set up a Just Transition Platform, which would build on the existing platform for coal regions in transition to enable bilateral and multilateral exchanges of experience on lessons learnt and best practices across all affected sectors.
Amendment 188 #
2020/0006(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) To protect citizens who are most vulnerable to the climate transition, the JTF should also cover the up-skilling and reskilling of the affected workers, with the aim of helping them to adapt to the new employment opportunities, as well as providing job-search assistance to jobseekers and their active inclusion into the labour marketsituation, and facilitate their active inclusion into the labour market, ensuring that they do not lose out when changing jobs. .
Amendment 193 #
2020/0006(COD)
Proposal for a regulation
Recital 12
Recital 12
12. In order to enhance the economic diversification of territories impacted by the transition, the JTF should provide support to productive investment in SMEs. Productive investment should be understood as investment in fixed capital or immaterial assets of enterprises in view of producing goods and services thereby contributing to gross-capital formation and decent employment. For enterprises other than SMEs, productive investments should only be supported if they are necessary for mitigapreventing job losses resulting from the transition, by creating or protecting a significant number of jobs and they do not lead to or result from relocation. Investments in existing industrial facilities, including those covered by the Union Emissions Trading System, should be allowed if they contribute to the transition to a climate-neutral economy by 2050 and go substantially below the relevant benchmarks established for free allocation under Directive 2003/87/EC of the European Parliament and of the Council14 and if they result in thejob protection of a significant number of jobs. Any such investment should be justified accordingly in the relevant territorial just transition plan. In order to protect the integrity of the internal market and cohesion policy, support to undertakings should comply with Union State aid rules as set out in Articles 107 and 108 TFEU and, in particular, support to productive investments by enterprises other than SMEs should be limited to enterprises located in areas designated as assisted areas for the purposes of points (a) and (c) of Article 107(3) TFEU. __________________ 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 250 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point a
Article 4 – paragraph 2 – subparagraph 1 – point a
(a) productive investments in SMEs, including start-ups, cooperatives and third sector entities, leading to economic diversification and reconversion;
Amendment 257 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point b
Article 4 – paragraph 2 – subparagraph 1 – point b
(b) investments in the creation of new firms, including sustainable tourism or services to people, including through business incubators and consulting services;
Amendment 266 #
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 7.5XX 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 269 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point d
Article 4 – paragraph 2 – subparagraph 1 – point d
(d) investments in the deployment of technology and infrastructures for affordable clean energy, in greenhouse gas emission reduction, energy efficiency and renewable energy; if the investment takes place as result of dismantling of existing fossil fuelled facilities, every jobs in these plants should be kept in new ones.
Amendment 289 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point a a (new)
Article 4 – paragraph 2 – subparagraph 1 – point a a (new)
(aa) Investments by agencies, bodies and public entities, to stimulate economic activity and job creation;
Amendment 294 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point b
Article 4 – paragraph 2 – subparagraph 1 – point b
(b) investments in the creation of new firms, including through business incubators and consulting services;
Amendment 343 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. The activities referred to in paragraph 2 shall ensure that, in regions whose industrial and productive sectors require a comprehensive overhaul, employment is not structurally affected, with measures being taken to promote business start-ups, the refurbishment of existing structures and proper workforce reskilling.
Amendment 355 #
2020/0006(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c a (new)
Article 5 – paragraph 1 – point c a (new)
(ca) Investments failing to ensure decent employment based on agreements and collective bargaining with better pay and more satisfactory work-life balance;
Amendment 365 #
2020/0006(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
The JTF resources shall be programmed, giving priority to less developed regions under cohesion policy for the categories of regions where the territories concerned are located, on the basis of the territorial just transition plans established in accordance with Article 7 and approved by the Commission as part of a programme or a programme amendment. The resources programmed shall take the form of one or more specific programmes or of one or more priorities within a programme.
Amendment 369 #
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 or combustion of fossil fuels;, including the dismantling of installations or reduction of their capacity
Amendment 375 #
2020/0006(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The JTF priority or priorities shall comprise the JTF resources consisting of all or part of the JTF allocation for the Member States and the resources transferred in accordance with Article [21a] of Regulation (EU) [new CPR]. The total of the ERDF and ESF+ resources transferred to the JTF priority shall be at least equal to one and a half times the amount of support from the JTF to that priority but shall not exceed three times that amount.
Amendment 377 #
2020/0006(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point e a (new)
Article 5 – paragraph 1 – point e a (new)
(ea) Investments related to defence of weapon industry.
Amendment 387 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall prepare, together with the relevant authorities of the territories concerned, one or more territorial just transition plans covering one or more affected territories corresponding 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 shallneed to be those that are most negatively affected based on the economic and social impacts resulting from the transition, in particular with regard to expected job losses in fossil fuel production and use and the transformation needs of the production processes of industrial facilities with the highest greenhouse gas intensityreclassification requirements and the transformation of their industrial and production processes. __________________ 17Regulation (EC) No 1059/2003 of the European Parliament and of the Council of 26 May 2003 on the establishment of a common classification of territorial units for statistics (NUTS) (OJ L 154 21.6.2003, p. 1).
Amendment 399 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point c
Article 7 – paragraph 2 – point c
(c) an assessment of the transition challenges faced by the most negatively affected territories, including the social, economic, and environmental impact of the transition to a climate-neutral economy, identifying the potential number of affected jobs and job lossesjobs to be reclassified, the development needs and objectives, to be reached by 2030 linked to the transformation or closure of greenhouse gas-intensive activities in those territories and necessary business start-up and job retention incentives;
Amendment 403 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall prepare, together with the relevant authorities of the territories concerned, one or more territorial just transition plans covering one or more affected territories corresponding to level 3 of the common classification of territorial units for statistics (‘NUTS level 3 regions’) as established by Regulation (EC) No 1059/2003 of the European Parliament and of the Council as amended by Commission Regulation (EC) No 868/201417 or parts thereof, in accordance with the template set out in Annex II. Those territories shall be those most negatively affected based on the economic and social impacts resulting from the transition, in particular with regard to expected job losses in fossil fuel production, the historic job losses 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 409 #
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, including economic and industrial renewal strategies for continued productive activity and sustained or increased employment levels;
Amendment 420 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point c
Article 7 – paragraph 2 – point c
(c) an assessment of the transition challenges faced by the most negatively affected territories, including the social, economic, and environmental impact of the transition to a climate-neutral economy, identifying precisely the potential number of affected jobs and job losses (both expected and historical), the development needs and objectives, to be reached by 2030 linked to the transformation or closure of greenhouse gas-intensive activities in those territories; the inclusion of territories among the typologies covered by Art. 174 TFEU.
Amendment 429 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1
Article 7 – paragraph 4 – subparagraph 1
Territorial just transition plans shall be consistent with the territorial strategies referred to in Article [23] of Regulation (EU) [new CPR], with relevant smart specialisation strategies, the NECPs and the European Pillar of Social Rightall international, EU, national or regional strategic planning objectives in terms of ecological conservation and climate change mitigation and measures to promote decent employment, better pay, investment in universal and free public services, and more comprehensive social benefits and responses.
Amendment 433 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point f a (new)
Article 7 – paragraph 2 – point f a (new)
(fa) a description of the participatory process carried out for its elaboration.
Amendment 439 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point i
Article 7 – paragraph 2 – point i
(i) where support is provided to investments to achieve the reduction of greenhouse gas emissions from activities listed in Annex I to Directive 2003/87/EC, an exhaustive list of operations to be supported and a justification that they contribute to a transition to a climate neutral economy and lead to a substantial reduction in greenhouse-gas emissions going substantially below the relevant benchmarks established for free allocation under Directive 2003/87/EC and provided that they are necessary for the protection of a significant number of jobs in short, medium and long term;
Amendment 449 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The preparation and implementation of territorial just transition plans shall involve the relevant partners, including local national authorities, social partners and stakeholders in affected territories, in accordance with Article [6] of Regulation (EU) [new CPR].
Amendment 454 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1
Article 7 – paragraph 4 – subparagraph 1
Territorial just transition plans shall be consistent with the territorial strategies referred to in Article [23] of Regulation (EU) [new CPR], with relevant smart specialisation strategies, and Rural Development Programmes, the NECPs and the European Pillar of Social Rights.
Amendment 457 #
2020/0006(COD)
Proposal for a regulation
Annex I – paragraph 1 – point a – point ii
Annex I – paragraph 1 – point a – point ii
(ii) employment in mining of coal and lignite and other sectors undergoing reconversion (weighting 25 %),
Amendment 465 #
2020/0006(COD)
Proposal for a regulation
Annex I – paragraph 1 – point a – point iii
Annex I – paragraph 1 – point a – point iii
(iii) unemployment in industry in the NUTS level 2 regions taken into account for the purposes of point (i) (weighting 25 %),
Amendment 466 #
2020/0006(COD)
Proposal for a regulation
Annex I – paragraph 1 – point a – point iii a (new)
Annex I – paragraph 1 – point a – point iii a (new)
(iiia) proportion of NUTS level 2 regions considered to be less developed for cohesion policy purposes (weighting of 10%),
Amendment 7 #
2019/2213(BUD)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Reiterates that the EU budget shall be of benefit to the people and shall primarily be focused on sustainable development and quality jobs, energy transition to more efficient and renewable-based energy system, fight against climate change, and eradication of energy poverty;
Amendment 11 #
2019/2213(BUD)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Underlines that public money shall not be spent for military investments or defence implications;
Amendment 23 #
2019/2213(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Underlines that the new Heading 1 (‘Single Market, Innovation and Digital’) will be instrumental for boosting innovation-led economic growthshould focus on boosting social development based on people’s needs and contributinge to the transition towards a climate-neutral society in line with the Paris Agreement; highlights furthermore the importance of the new Heading 5 (‘Security and Defence’), which includes the new European Defence Fund and essential funds for nuclear safety and decommissioningdeployment of renewable energy sources and energy efficiency measures in order to meet the commitments under the Paris Agreement and to accelerate the transition to net-zero greenhouse gas emissions economy;
Amendment 39 #
2019/2213(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Recalls Parliament’s position on the overall financial envelope for Horizon Europe of EUR 120 billion (in 2018 prices); calls on the Commission in this regard to present the 2021 draft budget accordingly to ensure that research and innovation activities will continue in aaddreass that are essential for the EU’s strategic autonomy and benefit its citizens and society, such as digital transformation, healthcare and spacesocietal challenges, contribute to sustainable development based on people’s needs; recalls in this context the importance of fundamental research;
Amendment 44 #
2019/2213(BUD)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Reiterates that investments in research and innovation needs to be stepped up with a view to improving access to knowledge, promoting social development, tackling climate change, raising quality of living standards and achieving the Sustainable Developments Goals;
Amendment 46 #
2019/2213(BUD)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Stresses that according to the Article 41 (2)TEU any expenditure arising from actions having military or defence implications should not be charged to the Union budget;
Amendment 47 #
2019/2213(BUD)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Stresses, following the Union’s commitment under the Paris Agreement, that a target of at least 25% of spending contributing to climate objectives needs to be implemented and delivered through sectoral targets and the mainstreaming of climate action in all relevant financial programmes; however, believes that climate-related spending should be significantly increased;
Amendment 65 #
2019/2213(BUD)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls for the creation of budget headings that tackle production-capacity weaknesses and the obsolescence of production means in industry, thus fostering industrial development, with a particular focus on Member States with development deficits in this economic sector;
Amendment 36 #
2019/2212(INI)
C a. whereas, according to the European Commission, in the EU-28, only 3 out of 10 children under the age of 3 participate in childcare; whereas this overall average hides important differences between Member States, having cases in which only 1 out of 10 have access to it;
Amendment 57 #
2019/2212(INI)
Motion for a resolution
Recital F
Recital F
F. whereas income inequalities remain at a high level; whereas wage austerity as well as tax and labour cost competition are harmful for the single market andcohesion within and across Member States, since they increase inequalities and the vulnerability of low wage earners; whereas intergenerational social mobility is limited in most Member States;
Amendment 73 #
2019/2212(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. whereas, according to the latest Eurostat data, in 2018, 9.5% of all EU Member States' workers lived in households that are at risk of poverty; whereas in 2012 that value was about 8.8%;
Amendment 76 #
2019/2212(INI)
Motion for a resolution
Recital G b (new)
Recital G b (new)
G b. whereas in 2017, 13.3% of the population of the EU’s 28 Member States lived in substandard housing and 10.4% spent 40% or more of their household income on housing; whereas these figures were considerably higher for tenants than for landlords; whereas access to decent and affordable housing is difficult for people of all ages, a problem that has become particularly apparent in urban areas, where tourism and gentrification have pushed residents out of cities;
Amendment 86 #
2019/2212(INI)
Motion for a resolution
Recital I
Recital I
I. whereas adequatefair wages, including minimum wages, are essential to reduce in- work poverty, decrease inequalities and generate demandboost economy;
Amendment 150 #
2019/2212(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. States that in several Member States the general increase in the wages level, and not only minimum wages, is a national emergency; urges, therefore, the Commission to abstain from interfering on that, e.g. abstain from blackmailing those Member States that wish to answer immediately and effectively to that emergency;
Amendment 200 #
2019/2212(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Urges the European Commission to support Member States to establish or to extend their childcare infrastructures, e.g. by exempting all the public expenditure related to public childcare from the calculation of the budgetary deficit (including the investments co- financed by the European funds);
Amendment 209 #
2019/2212(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission to present a framework directive on decent minimum income schemes, in order to provide a social protection floor and by ensuring that neither the direct beneficiary nor their families live above the poverty line; states that the minimum income must be a temporary and transitory measure, to dignify the condition of those who are in a situation of greater deprivation and vulnerability and, therefore, it shall require complementary measures of inclusion, through public employment policies, support and promotion of national productive capacity in order to boost decent job creation;
Amendment 220 #
2019/2212(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. CallUrges for an integrated response to tackle the lack of affordable housing, poor housing conditions, housing exclusion and homelessness; calls the Commission and all EU Member States to support the eligibility for investment in public housing under the Cohesion Fund (improving existing public housing and possibly building new housing), removing this type of investment from deficit criteria and revising State aid rules in this regard;
Amendment 258 #
2019/2212(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission and the Member States to improve work-life balance and gender equality and to ensure equal pay for equal work at the same place; calls for more efforts to close the gender pay and pensions gaps, and to tackle disincentives for women to work; calls for the extension of the maternity and parental leaves, as well as for the payment of those leaves at 100%; calls for accessible and affordable quality public childcare and early education services, as well as public care services for those reliant on care, including the elderly and people with disabilities;
Amendment 270 #
2019/2212(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Commission to strengthen theupport the implementation of a strong regulation of newall forms of work, including the new ones, and the improve thement of working conditions of all workers, including both shift and platform workers;
Amendment 295 #
2019/2212(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Rejects any reduction in the level of cohesion policy funding and asks for its strengthening in the upcoming Multiannual Financial Framework (MFF) vis-à-vis the current MFF; opposes, in this context, the proposal to reduce funding for all Cohesion Funds, including the European Social Fund Plus despite its enlarged scope; stresses the need for greaterdeplores any macroeconomic conditionality, i.e. any alignment of the European Semester with social and cohesion funding and the policy objectives of the Union;
Amendment 2 #
2019/2187(INI)
Motion for a resolution
Citation 2 a (new)
Citation 2 a (new)
- having regard to the United Nations Universal Declaration of Human Rights, in particular Articles 8 and 25 thereof,
Amendment 102 #
2019/2187(INI)
Motion for a resolution
Recital G c (new)
Recital G c (new)
Gc. whereas the European Commission study on legal gender recognition in the EU highlights discrimination against trans and gender non-conforming persons in access to the housing market, including losing homes due to the divorce requirement of some gender recognition processes in the EU, and that access to legal gender recognition increases trans person’s likelihood of finding housing in cases where their documents match their gender expression;
Amendment 106 #
2019/2187(INI)
Motion for a resolution
Recital G d (new)
Recital G d (new)
Gd. whereas the Committee of Ministers of the Council of Europe recommended to Member States in CM/Rec(2010)5 that measures should be taken to ensure that access to adequate housing can be effectively and equally enjoyed by all persons, without discrimination on grounds of sexual orientation or gender identity; whereas it recommended additionally that appropriate attention should be paid to the risks of homelessness experienced by LGBTI persons, including young persons and children who may be particularly vulnerable to social exclusion, including from their own families;
Amendment 131 #
2019/2187(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the Commission and the Member States to ensure access for all to decent housing, including clean and high- quality drinking water and adequate and equitable sanitation and hygiene, and to affordable, reliable and sustainable energy, hence contributing to eradicating poverty in all its forms; reaffirms its call for EU- wide action for a winter heating disconnection moratorium; calls, too, for a European winter truce to be introduced; calls on the Member States to meet the standards laid down by the World Health Organization (WHO) for adequate housing temperature; demands that the revision of the air quality regulation be aligned with WHO standards;
Amendment 144 #
2019/2187(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Commission to prioritise emissions reductions through housing renovation in the social housing sector and for worst performing buildings in the Renovation Wave, while tackling inadequate housing and housing accessibility and eliminating energy poverty in order to ensure a socially just transition to a climate-neutral economy that leaves no one behind; stresses, therefore, that tenants and owner-occupiers should be fully informed and involved in renovation projects and should not see overall costs increase because of them; calls, therefore, for the cost to the tenant not to exceed the value of the energy savings made by the tenant as a result of the renovations; stresses the need to protect tenants from eviction during housing renovations;
Amendment 175 #
2019/2187(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls for an EU-level goal of ending homelessness by 2030; calls on the Commission to take stronger action to support Member States in reducing and eradicating homelessness as a priority in the context of the action plan on the EPSR; calls on the Commission to propose an EU framework for national homelessness strategies; calls on the Member States to prioritise the provision of permanent housing to homeless people and those who have most difficulty finding accommodation; stresses the importance of reliable data collection on homelessness;
Amendment 181 #
2019/2187(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Points out that homelessness is also caused and perpetuated by the market and austerity policies pursued by the European Union; urges the European Union to adopt genuine social policies and ambitious employment measures to enable all citizens to live in dignity, without which homelessness can never be eradicated;
Amendment 182 #
2019/2187(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Commission to specifically address LGBTI homelessness in its upcoming LGBTI Equality Strategy, particularly regarding youth, to create tools for enhanced data collection, to foster research across the EU and to facilitate the exchange of approaches to tackle the problem of LGBTI people experiencing homelessness between member states;
Amendment 196 #
2019/2187(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Points out that women are particularly exposed to the housing crisis; emphasises that women are more affected by poverty, due in part to the wage and pension gap between women and men, enforced part-time working and piecemeal working hours, and lack of recognition of female-dominated trades; calls on the Commission and the Member States to develop a gender approach in their housing policies, particularly by supporting women who face specific situations such as single parenthood, and by taking account of the specific issues faced by homeless women, such as separation from their children, stigmatisation, and lack of safe and secure spaces;
Amendment 261 #
2019/2187(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Welcomes the inclusion of housing affordability in the European Semester; urges the Commission to ensure that all country-specific recommendations contribute positively to the implementation of the principles of the EPSR; stresses the need to refine the House Price Index indicator and to set the reference threshold for the housing cost overburden rate at no higher than 25% of the disposable income of a household; considers that housing is affordable if the remaining funds are at least sufficient to cover other expenditure, such as food, health and education;
Amendment 280 #
2019/2187(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Member States and regional and local authorities to put in place legal provisions to protect tenants and owner-occupiers from eviction and to ensure security of tenure by favouring long-term rental contracts as the default option, together with a rent transparency andobligation and binding rent control measures;
Amendment 286 #
2019/2187(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Points out that 25.1% of European private tenants spend over 40% of their income on rent; points out that rents are constantly increasing; considers that rents must be subject to controls and then reduced so that housing is truly affordable for all;
Amendment 287 #
2019/2187(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Calls for a ban on the eviction of tenants and owner-occupiers without rehousing; stresses that people who are evicted should be able to assert their rights in a court, particularly against banks where the repayment amount demanded by the bank is grossly unfair;
Amendment 288 #
2019/2187(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Invites the Member States to pursue housing policies that are based on the principle of neutrality between home ownership, private rented accommodation and rented social housing; callpoints out, too, that the rules onf the Commission to respect this principle in the European SemesterEuropean Semester have reduced investment in affordable housing; calls for the repeal of the European Semester so that the European Union and the Member States have the leeway needed to fund public and social investments, particularly in affordable housing, to the extent necessary;
Amendment 300 #
2019/2187(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Notes with concern the increased financialisation of the housing market, in particular in cities, whereby investors treat housing as a tradable asset rather than a human right; points out that the Covid-19 crisis has drawn attention to the fact that essential workers and public officials have been forced to move out of town centres because prices have increased as a result of the financialisation of the housing market; calls on the Commission to assess the contribution of EU policies and regulations to financialisation of the housing market and the ability of national and local authorities to ensure the right to housing and, where appropriate, to put forward legislative proposals to counter financialisation of the housing market by mid-2021; calls for the creation of a transparency register for property developers and private and corporate landlords to prevent speculation and because everyone has the right to know who is benefiting from their rent; calls on the Member States and local authorities to put in place taxation measures to counter speculative investment, and to develop urban and rural planning policies that favour affordable housing, social mix and social cohesion;
Amendment 317 #
2019/2187(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Points out that the expansive growth of short-term holiday rental is extracting housing from the market and driving up prices, leading to gentrification, and has a negative impact on liveability; calls on the Commission to set up a regulatory framework for short-term accommodation rental that gives wide discretion to national and local authorities to define proportionate rules for hospitality services; calls for short-term rentals to be restricted to owner-occupiers and to a limited period; urges the Commission to include in the Digital Services Act a proposal for mandatory information- sharing obligations for platforms in the short-term accommodation rental market, in line with data protection rules;
Amendment 320 #
2019/2187(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Points out that over 11 million homes in the European Union are empty; emphasises that those homes could accommodate everyone who is homeless and most of those suffering from severe housing deprivation in the European Union; points out that empty homes contribute to the decline in housing supply and therefore to the increase in prices and speculation; calls on the Member States to put in place binding legislation so that empty homes are put on the rental market in a condition that meets decent housing criteria;
Amendment 331 #
2019/2187(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Commission and the Member States to close the investment gap for affordable housing as a matter of priority; calls in this regard for a reform of the Stability and Growth Pact allowing for increased fiscal space for sustainable public investments, in particular in affordable housing; calls, in particular, for investments made in affordable housing to be exempt from the Maastricht criteria as affordable housing is never a debt but always an investment; calls, furthermore, for a harmonised accounting for amortisation methodology for affordable housing investments;
Amendment 341 #
2019/2187(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Urges the Commission to adapt the target group definition of social and publicly funded housing in the rules on services of general economic interest, so as to allow national, regional and local authorities to support housing for all groups whose needs for decent and affordable housing cannot be met within market conditions, while also ensuring that funding is not steered away from the most disadvantaged, in order to unblock investment and ensure affordable housing, create socially diverse neighbourhoods and enhance social cohesion; calls on the Commission to authorise State aid for affordable housing for any target group;
Amendment 342 #
2019/2187(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Points out that the Covid-19 crisis has accentuated the housing crisis for an ever increasing proportion of the population who are no longer able to afford private accommodation; urges the inclusion of this population in the target group for affordable housing; calls, too, for an eviction moratorium until 2021 due to the grave economic consequences of the pandemic and the difficulty faced by people in paying their mortgages or rent;
Amendment 355 #
2019/2187(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Deplores the fact that local stakeholders and smaller organisations do not always know about public funding and that European procedures can seem remote or complex; proposes the creation of a single fund to achieve synergies by pooling existing donor funds, thereby allowing local stakeholders and smaller organisations to clearly identify those funds;
Amendment 14 #
2019/2186(INI)
Motion for a resolution
Citation 44 a (new)
Citation 44 a (new)
— having regard to Barcelona Social Court Decision No 24 of 12 January 2021; having regard to the Belgian Employment Status Commission decision of 13 January 2021; having regard to Amsterdam Court of Appeal Decision No 200.261.051/01 of 19 February 2021; having regard to the decision of 24 February 2021 by the Milan Public Prosecutor’s Office;
Amendment 19 #
2019/2186(INI)
Motion for a resolution
Recital A
Recital A
A. whereas platform work can create employment opportunities, increase choice, provide additional income, and lower barriers to entering the labour market; whereas platform work facilitates flexibility for both workers and clients, and the matching of demand for and supply of services, as well as innovation in digital tools, which is a useful vector for growth in times of crisis and recovery, but only if it takes place in conditions which comply with labour law and social standards; whereas platform work facilitates flexibility for both workers and clients; whereas, above all, it facilitates flexibility for platforms which benefit from a legal vacuum that enables them to evade their responsibilities at workers’ expense;
Amendment 33 #
2019/2186(INI)
Motion for a resolution
Recital B
Recital B
B. whereas platform work has also raised concerns aboutmeans precariousness or poor working conditions, lack of access to adequate social protection, fragmented and unstable income, and a lack of occupational health and safety measures for more and more workers, especially for lower-skilled on- location platform workers and workers performing micro-tasks, as highlighted during the COVID-19 crisis;
Amendment 57 #
2019/2186(INI)
Motion for a resolution
Recital C
Recital C
C. whereas platform work covers different realities and is characterised by a high level of heterogeneity in the activities carried out; whereas there are different categories of platform work such as online or on-location, requiring a high or low level of skills, paid per task or per hour, performed as a secondary or primary occupation, and that the profiles of platform workers and types of platforms vary widely; whereas, however, according to Eurofound 1a, in 2017 platform- determined and on-location work (meal delivery and passenger transport) represented the largest platform-worker job category; __________________ 1a https://www.eurofound.europa.eu/sites/def ault/files/ef_publication/field_ef_docume nt/ef18001en.pdf
Amendment 66 #
2019/2186(INI)
Motion for a resolution
Recital D
Recital D
D. whereas people working in the platform economy are generally classified as formally self-employed; whereas in reality matters are different; whereas, in their work, platform workers are in fact denied the basic rights of their self- employed status, such as to choose their customers or the conditions under which they perform their services; whereas, as such, these people do not benefit from the equivalent social, labour, health and safety protection that are connected to an employment contract in most countries;
Amendment 78 #
2019/2186(INI)
Motion for a resolution
Recital E
Recital E
E. whereas, in the absence of both national and European legislation, the blurred distinction between workers and the self-employed often seen in platform work causes uncertainty as regards their rightsaccess to employment rights, social protection, entitlements, and applicable rules: whereas there are concerns that more and more sectors are likely towill be impacted by this in the future; whereas, in addition, platform work is in fact the most visible form of a wider trend towards the precarisation of work, as can be seen from the constantly rising number of atypical workers 1a; __________________ 1a https://www.ilo.org/wcmsp5/groups/public /---dgreports/---dcomm/--- publ/documents/publication/wcms_53451 6.pdf
Amendment 97 #
2019/2186(INI)
Motion for a resolution
Recital F
Recital F
F. whereas a growing number of judgments by European courts and administrative decisions find that digital platform workers are wrongly regarded as self-employed; whereas Member States have developed different approaches, leading to fragmented rules and initiatives; whereas there is a need for European level action to overcome the resulting legal uncertainty and improve platform workers’ rights;
Amendment 116 #
2019/2186(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes that the current European framework is unsatisfactory, with EU legal instrplatforms circumvents which do not cover all platform workers in their personal scope and which do not address the new realities of the world of working application of EU legal instruments; regrets that this fragmentation places some platform workers in a legally precarious situation, resulting in some platform workers enjoying fewer or more limited rights than should be guaranteed to all platform workers regardless of their employment status; takes the view accordingly that a rebuttable legal presumption of employment must be introduced, and that the burden of proof must lie with platforms, in conjunction with recognising platforms as businesses that are linked to their sector of activity;
Amendment 132 #
2019/2186(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses that the meaning of the terms ‘worker’ and ‘self-employed’ are not uniformly defined in all Member States; notes that the boundary between these two terms is less clear for new forms of work, and that some workers are at risk of being misclassified; takes the view accordingly that digital platform workers must have the same rights and the same access to social protection as other workers;
Amendment 141 #
2019/2186(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Believes that this legal uncertainty must be urgently addressed, while acknowledging that it cannot be easily solved by a one-size-fits-all approach; believestaking account of the current digital labour platforms model, where some platform workers are genuinely self-employed and wish to remain so, when others would like to be genuinely self-employed and are denied that anby proposal must recognise the heterogeneity of platforms and of platform workers, and take into account the currentlatforms that require them to enter into a relationship of subordination; takes the view that there should be a European framework, which could be complemented by national legislation or collective bargaining agreements between digital labour platforms model, where some platform workers are genuinely self-employed and wish to remain so; and trade unions; recognises digital platforms as fully fledged businesses that must comply with their obligations, including as regards employer responsibility;
Amendment 180 #
2019/2186(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses the need to better combat bogus self-employment by means of a directive, so as to cover; points out that most platform workers which are fulfilling the conditions characteristic of an employment relationship based on the actual performance of work, and not on the parties’ description of the relationship; is of the opinion that special attention should be given to digital labour platforms that strongly organise conditions and remuneration of online and on-location platform work, which could be used as guidance for determining the degree of responsibility of platforms towards platform workers;
Amendment 193 #
2019/2186(INI)
Motion for a resolution
Paragraph 6 – indent - 1 a (new)
Paragraph 6 – indent - 1 a (new)
6. Calls on the Commission, when exploring ways to improve working conditions to: – make it clear that establishing a third status cannot be considered under any circumstances;
Amendment 194 #
2019/2186(INI)
Motion for a resolution
Paragraph 6 – indent 1
Paragraph 6 – indent 1
– ensure that the collective bargaining framework functions properly and efficiently and better implement the prohibition of exclusivity clauses, and ensure all platform workers are permitted to work for different platforms (multi- apping) and not be subject to adverse treatment for doing so;
Amendment 200 #
2019/2186(INI)
Motion for a resolution
Paragraph 6 – indent 2
Paragraph 6 – indent 2
– improve rights in case of restriction, suspension or termination by the platform by ensuring all platform workers have the right to a prior reasoned statement, and, if this is disputed, a right of reply and to effective and impartial dispute resolution providing the possibility to re- establish compliance or rebut the statement;
Amendment 202 #
2019/2186(INI)
Motion for a resolution
Paragraph 6 – indent 3
Paragraph 6 – indent 3
– address the current lack of transparency by ensuring the provision of essential information regarding working conditions, the method of calculating the price or fee, assignment of tasks, the functioning of the algorithm, and transparency in the event of a change in the terms, conditions and procedures for temporary or permanent deactivation, if any, which should be preceded by consultationform part of a comanagement process;
Amendment 213 #
2019/2186(INI)
Motion for a resolution
Paragraph 6 – subparagraph 1
Paragraph 6 – subparagraph 1
believes that the aforementioned communication should be made in a clear, comprehensive and easily accessible way and be forwarded both to workers and to their representatives;
Amendment 229 #
2019/2186(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that some platform workers may be subject to increased health and safety risks; takes the view that digital platform workers must have the same access to social protection as all other workers; is of the opinion that the Commission proposal must address the occupational health and safety of platform workers as well as establish minimum requirements to enable them exercise a right to disconnect without any adverse consequences;
Amendment 235 #
2019/2186(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Considers that platform workers should receive compensation in case of work accidents and occupational diseases, and be offered sickness and invalidity insurance coverage; welcome, together with all other entitlements deriving from labour law, such as paid leave and parental leave; considers, in this respect, that the initiatives of some platforms to provide insurance as well as occupational health and safety measures; are a first step that needs to be made mandatory by legislation;
Amendment 269 #
2019/2186(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Recognises that freedom of association and the right to collective bargaining are fundamental rights for all workers, and believes a directive on platform workers should ensure that these rights are effective, applied in full and enforced; notes the potential for imbalanced and asymmetrical relationships between digital labour platforms and workers, who may lack the individual bargaining power to negotiate their terms and conditions; notes further that there are also practical issues such as a lack of common means of communication and opportunities to meet online or in person, which can prevent collective representation in practice; calls on the Commission to address such impediments in its proposal; stresses the need for platform workers and platforms to be properly represented in order to facilitate social dialogue, collective bargaining and worker representation by trade unions;
Amendment 275 #
2019/2186(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Regrets the legal difficulties in collective representation faced by platform workers, and is aware that the solo self- employed are wrongly considered ‘undertakings’, and as such are subject to the prohibition on agreements that restrict competition; welcomnotes in this regard the inception impact assessment published by the Commission16, and calls for the planned initiative to address this obstacle without hampering the legislative initiative to improve the working conditions of platform workers; is convinced that EU competition law must not hinder the improvement of the working conditions (including the setting of remuneration) and social protection of solo self-employed platform workers through collective bargaining; __________________ 16https://eur-lex.europa.eu/legal- content/EN/ALL/?uri=PI_COM%3AAres %282021%29102652
Amendment 287 #
2019/2186(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Believes that basic training must be provided to platform workers by the platform at least on the use of their website or the application; believes further that platform workers, in particular less qualified workers, should be offered training enabling skilling and re-skilling to improve their employability and career paths; calls for the facilitation of the recognition, validation and portability of attainments in the field of non-formal and informal learning; believes in this regard that a ‘certificate of experience’ should be issued for platform workers who have participated in such training, which could be uploaded on individual learning accounts;
Amendment 5 #
2019/2182(INL)
Motion for a resolution
Citation 20 a (new)
Citation 20 a (new)
— having regard to its resolution of 10 July 2020 on the Chemicals Strategy for Sustainability1a, _______________ 1a Texts adopted, P9_TA(2020)0201.
Amendment 17 #
2019/2182(INL)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas asbestos is long recognised as a key occupational carcinogen and airborne fibres are very resistant when inhaled and can lead to asbestosis, mesothelioma, cancers of the lung, larynx, and ovary and other non- malignant lung and pleural disorders, including pleural plaques, pleural thickening, and benign pleural effusions;
Amendment 27 #
2019/2182(INL)
Motion for a resolution
Recital H b (new)
Recital H b (new)
Hb. whereas asbestos is a highly dangerous carcinogenic agent used worldwide in building and other materials in many areas of our daily life;
Amendment 30 #
2019/2182(INL)
Motion for a resolution
Recital I
Recital I
I. whereas 80 % of occupational cancers recognised in the Member States are asbestos related; whereas estimates suggest that the cost of occupational cancer in the Union accounts for between EUR 270 and EUR 610 billion per year, or 1,8% to 4,1 % of GDP, and whereas 98 % of the human costs, including the impact on life quality and workers’ families, are endured by workers, and whereas direct and indirect costs account for between EUR 4 and EUR 10 billion per year;
Amendment 53 #
2019/2182(INL)
Motion for a resolution
Recital L n (new)
Recital L n (new)
Ln. whereas the opinion of the European Economic and Social Committee of 18 February 2015 on Freeing the EU from Asbestos (CCMI/130) states that it should be ensured that at Member State level all cases of asbestosis, mesothelioma and other asbestos-related diseases are registered by means of systematic data collection on occupational and non- occupational asbestos diseases, that pleural plaques are categorised and officially registered as an asbestos-related disease, that reliable mapping of asbestos presence is ensured, with the assistance of dedicated observatories, and that medical staff should receive appropriate training so they can perform their duty of sound diagnosis;
Amendment 73 #
2019/2182(INL)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes Commission communication of 14 October 2020 entitled ‘A Renovation Wave for Europe’- greening our buildings, creating jobs, improving lives’, which seeks to renovate 35 million buildings by 2030; shares the view expressed in the communication that particular attention should be paid to protecting workers renovating old buildings and intervening in emergency operations from exposure to asbestos;
Amendment 75 #
2019/2182(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Insists that any Union initiative supporting energy renovation should include binding measures for the identification of buildings that contain asbestos, the combination of the related information to the databases related to energy retrofit, to lead to the safe removal of asbestos and other hazardous materials;
Amendment 84 #
2019/2182(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Reiterates its call for national public asbestos registers; calls on the Commission to introduce, as part of a proposal for a framework directive, minimum standards for publicly accessible digital national registers for asbestos and other hazardous substances in public and privately owned buildings; stresses that registers for asbestos should be compatible with databases and registers related to energy efficiency and populated via common tools (i.e. building renovation passports);
Amendment 92 #
2019/2182(INL)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Considers that the notions of friable and non-friable asbestos- containing materials should not be used to determine risk levels; believes an individual risk assessment related to the planned work process should determine the necessary and obligatory protective measures;
Amendment 94 #
2019/2182(INL)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Considers that the information included in the notification to the competent authorities should be complemented with the specific areas in which the work will be conducted, the equipment used for the protection and decontamination of workers, the equipment used for waste disposal, and a provisional aeraulic balance for work carried out under confinement; believes furthermore that the notification should include a description of the procedure for the decontamination of workers and equipment, and information about durations of work processes and planned working hours as well as a list of all workers assigned to the site, the individual certificates proving their competence and the training absolved, and the dates of their mandatory medical examinations (with due regard to national data protection rules);
Amendment 99 #
2019/2182(INL)
Motion for a resolution
Paragraph 12 c (new)
Paragraph 12 c (new)
12c. Recalls that sampling must be representative of the personal exposure of the worker, implying that samples must be taken in representative and realistic situations of workers’ exposure to asbestos dust by repeatedly measuring in regular intervals during the specific operational phases; believes that if for whatever reason sampling cannot be done in a way representative of the personal exposure of the individual worker, all available protective measures should be applied;
Amendment 100 #
2019/2182(INL)
Motion for a resolution
Paragraph 12 d (new)
Paragraph 12 d (new)
12d. Notes that optical microscopy is not the latest available technology to count asbestos fibres in the breathing air and that Analytical Transmission Electron Microscopy (ATEM) is more sensitive and makes it possible to distinguish and count asbestos fibres; calls for the use, wherever possible, of ATEM or similarly advanced methods for fibre counting;
Amendment 108 #
2019/2182(INL)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Emphasises that employers, but also main contractors, contracting authorities, and owners commissioning work should be required to carry out an asbestos diagnosis before the start of any work in buildings, ships, aircraft, on equipment, or products; demands that prior to the start of work on premises that were built before 2005 or the national asbestos ban a comprehensive screening for the presence of asbestos-containing materials be carried out by a qualified and certified operator; believes that screenings should always include a diagnosis adapted to the specific workplace and a report should state either the absence or the presence of asbestos, with a detailed description of the nature of contamination and its precise location and estimated quantities;
Amendment 111 #
2019/2182(INL)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Is concerned that training requirements and the certification of training carried out still vary greatly among Member States, which is a severe hazard for health and safety in the context of the cross-border mobility of workers; calls for a new annex to Directive 2009/148/EC with obligatory minimum requirements for training on work with asbestos, including specific requirements for workers in specialised asbestos removal companies as well as workers who could come into contact with asbestos containing materials while performing their work; in addition to the requirements laid down in Article 14 of Directive 2009/148/EC, believes that the annex should include requirements for a minimum duration of training with regard to the respective type of work, appropriate documentation of such training, and the regular intervals in which an individual worker must attend a training;
Amendment 114 #
2019/2182(INL)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Calls on the Commission to make a proposal for the establishment of national ombudspersons to assist victims of occupational diseases, and especially asbestos-related diseases which have a long latency period, in recognition procedures;
Amendment 123 #
2019/2182(INL)
Motion for a resolution
Paragraph 19 g (new)
Paragraph 19 g (new)
19g. Calls for a consideration of persons, and especially women, in cleaning jobs, as well as of women who primarily take responsibility for unpaid household chores, which might be carried out with cleaning products containing asbestos, in risk assessments and identification of exposure to asbestos, as well as for an increased consideration of cleaning activities as risk factors when screening for diseases;
Amendment 128 #
2019/2182(INL)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission to present a proposal for an amendment to Article 7 of Directive 2010/31/EU in the context of “A Renovation Wave for Europe” introducing a requirement for the mandatory asbestos screening, registering, and removal of asbestos and other dangerous substances before any renovation works can start, while having regard to Article 153(1)(a) TFEU on the improvement in particular of the working environment to protect workers' health and safety;
Amendment 149 #
2019/2182(INL)
Motion for a resolution
Annex I – paragraph 1 – point 4 – point a
Annex I – paragraph 1 – point 4 – point a
(a) accessibility for workers and companies working in a building or infrastructure, owners, inhabitants, firefighters and other emergency services and users;
Amendment 168 #
2019/2182(INL)
Motion for a resolution
Annex II – paragraph 1 – point 8 – paragraph 1
Annex II – paragraph 1 – point 8 – paragraph 1
Before beginning demolition or maintenance work, or renovation works on premises built before 2005, the premise must be screened to identify all asbestos- containing materials, in accordance with the requirements of Part 6 of Annex XVII to Regulation (EC) No 1907/2006 and Annex I to Regulation (EU) No 305/2011. The screening must be conducted by a qualified and certified operator or authority, taking into account Articles 14 and 15 of this Directive, and the national building law provisions.
Amendment 180 #
2019/2182(INL)
Motion for a resolution
Annex II – paragraph 1 – point 17 a (new)
Annex II – paragraph 1 – point 17 a (new)
17a. Article 21a is inserted: ‘Article 21a In case of a fire, all existing information regarding the presence and location of asbestos, gathered and communicated in line with Article 4 on notification before commenced work and Article 11 on screening of demolition or maintenance sites, shall be made available to firefighters and emergency services.’
Amendment 196 #
2019/2182(INL)
Motion for a resolution
Annex III – paragraph 1 – point 4
Annex III – paragraph 1 – point 4
(4) a revisionersal of the burden of proof for the recognition of occupational diseases or at least its effective simplification;
Amendment 4 #
2019/2098(DEC)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Highlights that transparency and citizens' awareness of the existence of the agencies are essential for their democratic accountability; considers that usability and ease of use of agency resources and data are of paramount importance; calls therefore for an assessment of how data and resources are currently presented and made available and of the degree to which citizens find them easy to identify, recognise and use;
Amendment 13 #
2019/2098(DEC)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Encourages the Union agencies to consider adopting a fundamental rights strategy, including a reference to fundamental rights in a code of conduct that could define the duties of their staff and training for staff; setting up mechanisms ensuring that any violation of fundamental rights be detected and reported, and that risks of such violations be swiftly brought to the attention of the main bodies of the agency concerned; establishing, whenever relevant, the position of a fundamental rights officer, reporting directly to the management board to ensure a certain degree of independence vis-a-vis other staff, in order to ensure that threats to fundamental rights are immediately addressed, and that a constant upgrading of the fundamental rights policy within the organisation takes place; developing a regular dialogue with civil society organisations and relevant international organisations on fundamental rights issues; making compliance with fundamental rights a central component of the terms of reference of the collaboration of the agency concerned with external actors, including in particular members of national administrations with whom they interact at operational level;
Amendment 15 #
2019/2098(DEC)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Agencies Network to develop a general policy to not replace permanent staff by more expensive external consultants.
Amendment 6 #
2019/2075(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Appreciates the Foundation’s activities to support the reform of vocational training in the Union’s partner countries; stresses the necessity of providing the agencies with enough material and human resources to fulfil their tasks in a proper manner, while ensuring their pre-eminence over private contractors;
Amendment 7 #
2019/2075(DEC)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Highlights that transparency and citizens’ awareness of the existence of the agencies are essential for their democratic accountability; considers that usability and ease of use of agency resources and data are of paramount importance; calls therefore for an assessment of how data and resources are currently presented and made available and of the degree to which citizens find them easy to identify, recognise and use; recalls that public awareness in this respect can be raised by Member States through developing a comprehensive plan to reach out to more Union citizens;
Amendment 5 #
2019/2071(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Appreciates EU-OSHA’s activities to develop, gather and provide reliable and relevant information, analysis and tools on occupational safety and health which contribute to the EU policy aiming to promote healthy and safe workplaces across the Union; stresses the necessity of providing the agencies with enough material and human resources to fulfil their tasks in a proper manner, while ensuring their pre-eminence over private contractors;
Amendment 6 #
2019/2071(DEC)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Highlights that transparency and citizens’ awareness of the existence of the agencies are essential for their democratic accountability; considers that usability and ease of use of agency resources and data are of paramount importance; calls therefore for an assessment of how data and resources are currently presented and made available and of the degree to which citizens find them easy to identify, recognise and use; recalls that public awareness in this respect can be raised by Member States through developing a comprehensive plan to reach out to more Union citizens;
Amendment 10 #
2019/2071(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes the fact that in 2018, EU-OSHA, together with the other EU Agencies under the remit of DG EMPLOYMENT, initiated an analysis on how synergies could be further exploited within the existing framework, especially in relation to the performance monitoring frameworkwithin and beyond the framework of the EU Agencies' Performance Development Network, allowing to build synergies and to exchange ideas and best practices and aiming to achieve more balanced governance, improved efficiency, reduced costs and greater coherence between them; stresses the necessity of improving cooperation between the agencies and EU institutions, avoiding the externalisation of services that can be provided by them;
Amendment 8 #
2019/2067(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Appreciates Eurofound’s work to provide knowledge and expertise to support policies on improving living and working conditions across the Union; stresses the necessity of providing the agencies with enough material and human resources to fulfil their tasks in a proper manner, while ensuring their pre- eminence over private contractors;
Amendment 9 #
2019/2067(DEC)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Highlights that transparency and citizens’ awareness of the existence of the agencies are essential for their democratic accountability; considers that usability and ease of use of agency resources and data are of paramount importance; calls therefore for an assessment of how data and resources are currently presented and made available and of the degree to which citizens find them easily to identify, recognise and use; recalls that public awareness in this respect can be raised by Member States through developing a comprehensive plan to reach out to more Union citizens;
Amendment 13 #
2019/2067(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Appreciates the Foundation’s cooperation with other EU Agencies under the remit of DG EMPLOYMENT within and beyond the framework of the EU Agencies' Performance Development Network, allowing to build synergies and to exchange ideas and best practices and aiming to achieve more balanced governance, improved efficiency, reduced costs and greater coherence between them; stresses the necessity of improving cooperation between the agencies and EU institutions, avoiding the externalisation of services that can be provided by them;
Amendment 9 #
2019/2066(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Appreciates the Centre’s work to provide research, analyses and technical advice in vocational education and training (VET), qualifications and skills policies; stresses the necessity of providing the agencies with enough material and human resources to fulfil their tasks in a proper manner, while ensuring their pre- eminence over private contractors;
Amendment 10 #
2019/2066(DEC)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Highlights that transparency and citizens’ awareness of the existence of the agencies are essential for their democratic accountability; considers that usability and ease of use of agency resources and data are of paramount importance; calls therefore for an assessment of how data and resources are currently presented and made available and of the degree to which citizens find them easy to identify, recognise and use; recalls that public awareness in this respect can be raised by Member States through developing a comprehensive plan to reach out to more Union citizens;
Amendment 15 #
2019/2066(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Appreciates the Centre’s cooperation with other Agencies under the remit of the Committee on Employment and Social Affairs within and beyond the framework of the EU Agencies' Performance Development Network, allowing to build synergies and to exchange ideas and best practices and aiming to achieve more balanced governance, improved efficiency, reduced costs and greater coherence between them; stresses the necessity of improving cooperation between the agencies and the EU institutions, avoiding the externalisation of services that can be provided by them;
Amendment 40 #
2019/2055(DEC)
Draft opinion
Paragraph 17
Paragraph 17
17. Welcomes that the Commission has launched four thematic evaluations in 2018 (on support to youth employment, on ESF support to employment and mobility, on ESF support to education and training and on ESF support to social inclusion); furthermore, highlights that transparency and citizens' awareness of the existence of the agencies are essential for their democratic accountability; considers that usability and ease of use of agency resources and data are of paramount importance; calls therefore for an assessment of how data and resources are currently presented and made available and of the degree to which citizens find them easy to identify, recognise and use;
Amendment 8 #
2019/2028(BUD)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Reiterates that Union budget should benefit the people and be focused primarily on sustainable growth and quality jobs, energy transition to more efficient and renewable-based energy system, fight against climate change, and eradicating energy poverty; underlines, in that regard, that public money shall not be spent for military investments or defence implications.
Amendment 8 #
2019/2028(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Highlights that the 2020 budget should contribute towards achieving the Europe 2020 targets in the social and employment area, which seem to be within reach as regards the employment rate target but remain far from being achieved as regards the target of reducing the number of people at risk of the creation of jobs with rights and decent working conditions, better earnings and stable and regulated employment relationships and the fight against poverty or, social exclusion and inequalities; stresses, in this regard, the urgent need for comprehensive policy reforms and integrated approaches that combat youth and long-term unemployment and the often neglected issue of elderly employabilityEU programmes and funds to prioritise projects that go in this direction; warns, however, that this is insufficient without a new strategy focusing on social progress and social justice and geared to economic, social and territorial cohesion, breaking away from right-wing policies and the restrictions imposed by the EU on the peoples of its Member States;
Amendment 15 #
2019/2028(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Recognises the crucial role of the European Social Fund (ESF), the Youth Guarantee (YG), the European Globalisation Adjustment Fund (EGF), the Programme for Employment and Social Innovation (EaSI) and the Fund for European Aid to the Most Deprived (FEAD); highlights, in this regard, that the activities implemented in these areas should always result in strategic measures with clearly defined objectives and targets and that efficient and effective spending is equally as important as the total budget ceilings in mitigating the adverse effects of an integration project such the European Union for the most vulnerable, for workers and at grass-roots level, especially in the Member States that have been the most weakened in economic and social terms; urges, therefore, that resources for these funds and programmes be stepped up; highlights, in this regard, that the activities implemented in these areas should always result in strategic measures with clearly defined objectives and targets; stresses, however, that many of the activities and measures supported by these funds and programmes are being compromised by the restrictions resulting from European economic governance;
Amendment 28 #
2019/2028(BUD)
Draft opinion
Paragraph 4
Paragraph 4
4. AcknowledgeRejects the forthcoming rationalisation of the current ESF, the YEI, the FEAD, the EaSI and the European Health Programme under the ESF+ as ofscheduled to run from 2021; calls on the Commission to present financial information in a manner that makes it comparable with performance information; expresses concerns ondisagrees with the substantial decrease (byof EUR 5 million) proposed by the Council onfor the PROGRESS axis of EaSIthe EaSI and recommends that its budget be at least equal to that proposed by the the European Commission; stresses, in this regardcontext, that all legislative and budgetary revisions should bemust be justified and based on evidence,an understanding of their impacts and in line with the better regulation agenda, as well as related recommendations of the European Court of Auditorrepercussions;
Amendment 30 #
2019/2028(BUD)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Reiterates that investments in research and innovation need to be stepped up with a view to improving access to knowledge, promoting social development and raising the quality of living standards.
Amendment 37 #
2019/2028(BUD)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Stresses that in accordance with Article 41(2)TEU any expenditure arising from operations having military or defence implications cannot be charged to the Union budget.
Amendment 44 #
2019/2028(BUD)
Draft opinion
Paragraph 9
Paragraph 9
9. Calls for additional funds to accelerate the development and deployment of cleaner technologies to help meet the commitments undertaken by the Union under the Paris Agreementrenewable energy sources and energy efficiency measures in order to meet the commitments under the Paris Agreement and to accelerate transition to net-zero greenhouse gas emissions economy;
Amendment 56 #
2019/2028(BUD)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Underlines that given the current economic situation, it is highly important to establish and strengthen the support mechanism for micro-, small and medium-sized enterprises.
Amendment 96 #
2019/0000(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Takes note of the Commission’s 2019 country-specific recommendations (CSRs) and welcomes the stronger focus on investment; notes that almost one third of the CSRs issued until 2018 have not been implemented; welcomes the fact that considerable progres; reminds that both employment and social policies of the euro area promoted by the EU and formalised in the CSRs to Member States hasve been achieved in legislation governing labour remainly leading to the deregulations and employment protection; is concerned that progress on the 2018 CSRs is worse than performance in previous years and urges the Commission to put the necessary pressure on Member States to implement the recommendations; believes that strong reform implementation is crucial to strengthen the growth potential of EU economieflexibilization of labor markets, to the liberalization and privatization of the public services, as well as threatening States’ social functions and pushing down workers’ wages and social benefits;
Amendment 185 #
2019/0000(INI)
Motion for a resolution
Paragraph 10 e (new)
Paragraph 10 e (new)
10 e. Believes that defending an economic policy that goes in hand with social rights - by advocating for the reinforcement of social rights, the implementation of social aspects or the integration of the Sustainable Development Goals into economic policies, both at EU and Member States level -, without defending the repeal of the Budget Treaty and the Growth Stability Pact, is neither fair nor honest to workers and to the population fringes who, every year, have been experiencing a downward in their social and labour rights and income and who have been having their dignity threatened by the EU policies, impositions and constraints;