1702 Amendments of Geoffroy DIDIER
Amendment 51 #
2023/2130(DEC)
Motion for a resolution
Paragraph 36 a (new)
Paragraph 36 a (new)
36a. Welcomes the resumption of in- presence plenary sessions in Strasbourg; recalls that the EU Treaties stipulate that Parliament shall have its seat in Strasbourg, where the 12 periods of monthly plenary sessions, including the budget session, shall be held; underlines that the suspension of sessions in Strasbourg, the introduction of electronic voting and remote participation are linked to the exceptional circumstances of the COVID-19 pandemic; recalls that any change to the Treaties requires the unanimity of the Member States;
Amendment 60 #
2023/2130(DEC)
Motion for a resolution
Paragraph 44
Paragraph 44
44. Notes with satisfaction that Members were given the opportunity to take part in plenary debates from the EPLOs in their Member States of election, this being as a result of the exceptional measures put in place during the pandemic, this having been facilitated by the actions of DG COMM; welcomes the increased efforts made by DG COMM to make use of new technologies to facilitate the work of Members during the COVID- 19 pandemic; acknowledges that the remote access for national media to the communication activities of Parliament has opened up ways to interact with Union citizens;
Amendment 129 #
2023/2130(DEC)
Motion for a resolution
Paragraph 79
Paragraph 79
79. Recalls that the official languages to be used by the Union institutions, bodies and agencies are established in Regulation No 13; acknowledges that DG TRAD ensures that Parliament’s procedural content is available in all 24 official and working languages of the Union, thereby enabl; regrets that, in practice, just one of the Union’s working languages is used more widely ing Parliament to fulfil its commitment to the policy of multilingualism’s work, and increasingly so in recent years; calls for multilingualism to be respected by ensuring, where necessary, an adequate number of translation and interpreting staff; _________________ 3 Regulation No 1 determining the languages to be used by the European Economic Community (OJ P 017, 6.10.1957, p. 385)
Amendment 25 #
2023/2062(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Recalls that virtual worlds should be developed and deployed in line with the general principle that what is illegal offline should be illegal online, ensuring that people’s rights as users, consumers, workers, investors, rights holders and creators are fully respected;
Amendment 68 #
2023/2062(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Recalls that avatars do not have legal personality so any issues regarding their legal capacity, rights, obligations and liabilities needs to be addressed with reference to the natural or legal persons using them; considers that, as the metaverse evolves and becomes more complex, consideration should be given to the appropriateness of granting a specific legal status to avatars; Consider that the avatar or the person behind should be identifiable and a know your business customer principle should be applicable;
Amendment 74 #
2023/2062(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Underlines that the body of EU law on the protection of intellectual and industrial property rights fully applies to virtual worlds including article 167 of the TFUE and article 48 of the TUE; stresses nevertheless that the development of virtual worlds poses new challenges in terms of enforcement and identification of infringers;
Amendment 78 #
2023/2062(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Recalls that users in the metaverse are under the obligation to respect right holders’ exclusive prerogativerights and their right to fair remuneration; highlights that the use of content protected by intellectual property rights (IPR) requires authorisation through licensing or assignment, unless it is covered by any exception or limitation to IPR protection; reiterates the importance in this regard of providers ensuring transparency as to the scope of licences, including territorial licences, so as to ensure that users are able to determine what uses of IPR-protected content in the metaverse are covered by the licences they hold;
Amendment 83 #
2023/2062(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Acknowledges the applicability of liability rules as laid down in the Digital Services Act and of the special regime established in Article 17 of the Copyright Directive to cover the uploading of user- generated content; believes, however, that further clarification is needed on how existing rules should apply; and how they should be enforced notably when the provider is residing outside the EU with no exequatur agreement in force.
Amendment 90 #
2023/2062(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Recalls the difference between AI- assisted human creations and AI-generated creations; recalls that, while the current intellectual property framework remains applicable to AI-assisted creations, AI- generated creations create new regulatory challenges for intellectual property rights protection; and should not be protected by Copyright law, a human being presence being an essential condition to protect the work via this legislation.
Amendment 2 #
2023/2019(INI)
Motion for a resolution
Recital C
Recital C
C. whereas Parliament requested that the Commission carefully assess the possible inclusion of electronically supplied services whose main feature is the provision of access to and use of copyright protected works or other protected subject matter into the scope of the Geo-blocking Regulation; whereas the Commission report on the first short-term review of the Geo-blocking Regulation stated that, as regards audiovisual content, the Commission would engage in dialogue with stakeholders with a view to fostering the circulation of quality content across the EU; whereas this dialogue is included as Action 7 in the Media and Audiovisual Action Plan9 ; whereas each and every organisation of the audiovisual sector reminded the utmost importance of its territorial functioning throughout the whole stakeholder’s dialogue; __________________ 9 COM(2020)0784.
Amendment 6 #
2023/2019(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas the film and audiovisual sector is of crucial importance audiovisual sector for the EU at both economic and cultural level; and whereas this sector is vital for safeguarding the EU’s cultural and linguistic diversity and media pluralism; whereas territorial and exclusive allocation of licensing rights and contractual freedom are sine qua non conditions for the proper functioning of the audiovisual sector in the EU;
Amendment 9 #
2023/2019(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas the film and audiovisual sector is of crucial importance for the EU at both economic and cultural level; and whereas this sector is vital for safeguarding the EU's cultural and linguistic diversity and media pluralism;
Amendment 12 #
2023/2019(INI)
Draft opinion
Recital A b (new)
Recital A b (new)
Ab. whereas territorial and exclusive allocation of licensing rights and contractual freedom are sine qua non conditions for the proper functioning of the audiovisual sector in the EU;
Amendment 14 #
2023/2019(INI)
Draft opinion
Recital B
Recital B
B. whereas the Commission’s review shows that European consumers only have access to a smallwo Regulations already constitute an exception to territorial exclusivity of the audiovisual sector, such as the portability of a subscription to an online content service across Member States, as provided in Regulation (EU) 2017/1128, and the access to news and current affairs programmes and fully financed own proporductions of the total content made available online in the Union;broadcasting organisation across the European Union, as provided in Directive (EU) 2019/789, for which there was no appropriate evaluation to date. Whereas a report on the application of the Portability Regulation has been issued in June 2022 whereasby the number of consumers trying to access digital media content ofCommission’s services identified compliance issues by some VOD platforms that it undertook to investigate futher. Whereas no fered iback on other Member States is growing rapidly and a third of citizens have expressed interest in doing sose key investigation has been provided to the Parliament leaving the sector blind on the marge of maneuver left to increase the cross-border access of more content online;
Amendment 18 #
2023/2019(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Underlines the remaining untapped potential for cross-border economic activities that could be encouraged by the removal of all geo-blocking barriers and the continued promotion of the free movement of products and services in line with the principles of the Geo-blocking Regulation, except for the audiovisual and book sector, in compliance with Directive 2006/123/CE which excludes it from its scope (Article 2.2(g)) and with Article 167 of the Treaty on the Functioning of the European Union which gives the cultural competence to Member States to ensure cultural diversity;
Amendment 22 #
2023/2019(INI)
Draft opinion
Recital C
Recital C
C. whereas citizens who have purchased digital media content and move to another Member State often faccess to an important quantity of audiovisual works in each Member State; whereas demand for cross border access to audiovisual works remains very low ind they can no longer access that content due to geo-blocking; EU and whereas accepting this request would put in jeopardy the entire european audiovisual sector, affecting de facto consumer’s access to diverse and highly cultural European audiovisual creations;
Amendment 23 #
2023/2019(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Underlines the importance of the Geo-blocking Regulation in building a more robust, coherent and accessible internal market for all citizens and businesses in the EU, regardless of their place of residence or establishment; stresses that further steps need to be taken to achieve the full potential of the Regulation, including by strengthening the legal framework supporting the cross- border exchange of goods and services, lifting the principle of territorial exclusivity would be detrimental for the entire audiovisual sector but also for every EU citizen, since it could lead to an increase in prices for the public;
Amendment 30 #
2023/2019(INI)
Draft opinion
Recital D
Recital D
D. whereas citizens living in border regions or belonging to linguistic minorities alre often prevented from accessing content in their native languages due to geo-blocking, which hinders theirady have access to news and current affairs programmes and fully financed own production of the broadcasting organisation acceross to and enjoyment of cultural contenthe EU, as provided in Directive (EU) 2019/789;
Amendment 35 #
2023/2019(INI)
Draft opinion
Recital E
Recital E
E. whereas Parliament called for these issues to be addressed in its resolution of 13 November 2018 on minimum standards for minorities in the EU; whereas the ‘Minority SafePack’ European Citizens’ Initiative called for these issues to be addressed through the development of a unitary European copyright that will lead to the abolition of licensing barriers within the Unthe Commission’s first short-term review of Regulation (EU) 2018/302 (the Geo-blocking Regulation) upholds the continued exclusion of audiovisual services from the scope of the regulation;
Amendment 38 #
2023/2019(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Recognises that the Commission carried out its first review prwo Regulations already constitute an exceptiorn to the start of the COVID-19 pandemic, which means that changes to both consumer and trading behaviour triggered by the pandemic were therefore not reflected in the 2020 Commission report; recalls the changes in consumer habits and the rising preference for online services that were additionally strengthened by the COVID-19 pandemic; underlines, therefore, the need to draw further conclusions based on the new data in this area, as 12 % of EU businesses10 started or increased efforts to sell goods or services online due to theerritorial exclusivity of the audiovisual sector, such as the portability of a subscription to an online content service across Member States, as provided in Regulation (EU) 2017/1128, and the access to news and current affairs programmes and fully financed own productions of the broadcasting organisation across the European Union, as provided in Directive (EU) 2019/789, for which there was no appropriate evaluation to date except that the Commission carried out its first review prior to the start of the COVID-19 pandemic; __________________ 10 Eurostat, ‘Online sales efforts on the rise due to the pandemic’, 11 April 2022.
Amendment 38 #
2023/2019(INI)
Draft opinion
Recital E a (new)
Recital E a (new)
Ea. whereas Directive 2006/123/CE excludes from its scope “audiovisual services, including cinematographic services, whatever their mode of production, distribution and transmission” (Article 2.2(g)) in compliance with Article 167 of the Treaty on the Functioning of the European Union;
Amendment 41 #
2023/2019(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Considers that the report by the Commission’s services on the application of the Portability Regulation issued in June 2022 identified compliance issues by some VOD platforms that it undertook to investigate further; considers that no feedback on these key investigation has been provided to the Parliament leaving the sector blind on the marge of maneuver left to increase the cross-border access of more content online; underlines, therefore, the need to draw conclusions based on the new data in this area;
Amendment 43 #
2023/2019(INI)
Draft opinion
Recital F
Recital F
F. whereas the Commission organised a stakeholder dialogue to find solutions for these issues, but no significant agreements were reached and the proposals put forward would not adequately address the geo-blocking of digital media contentduring which each and every trade organization of the audiovisual sector reminded the upmost importance of its territorial functioning;
Amendment 46 #
2023/2019(INI)
Draft opinion
Recital G
Recital G
G. whereas persistent barriers to accessing to digital media content, such asjeopardising the territoriality of the audiovisual sector could lead to an increase in price,s fragmentation, geo-blocking and the unavailability of dubbing or subtitles force citizens to resort to piracy in order to access content; or spectators, in particular the price of a cinema ticket and of a subscription to an online content service. It would have several consequences: it would encourage citizens to resort to piracy in order to access content and would be detrimental to the EU consumers particularly in countries where they have smaller purchasing powers. Furthermore, lifting territoriality would lead to an uniformisation of the works linked to the concentration of distribution methods;
Amendment 51 #
2023/2019(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 53 #
2023/2019(INI)
Draft opinion
Recital H
Recital H
H. whereas the growth of on-demand content and the shrinking role of television and radio should prompt a rethink of the Union’s approach to content licensingCommission’s Media Outlook highlighted that television remains the preferred service of Europeans for films and series and whereas the European Audiovisual Observatory highlighted that public broadcasters accounted for 55% of orders for European drama titles and 38% of the hourly volume. Private broadcasters ordered 36% of titles and 59% of the hourly volume;
Amendment 66 #
2023/2019(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Calls on the Commission to rapidly creevaluate the legal and regulatory conditions to guarantee the freedom to provide digital media content services and to ensure the dissemination and reception of digital media content from regions where minorities live, so that they can watch and listen to content in their mother tongue without geo-blocking of this content if it is broadcast or provided from another countrybenefits regulations Regulation (EU) 2017/1128 and Directive (EU) 2019/789 have on consumer ’s and linguistic minorities' access to audiovisual content;
Amendment 69 #
2023/2019(INI)
Draft opinion
Paragraph 1 – point 1 (new)
Paragraph 1 – point 1 (new)
(1) Recalls that territoriality is the foundation of the European audiovisual sector, which enables cultural and linguistic diversity;
Amendment 73 #
2023/2019(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. RExcept for the audiovisual and book sectors that do follow cultural goals, recommends a broader and more detailed analysis to address concerns regarding the selective distribution and exclusive rights agreements that undermine the right of passive sale and competition in online and offline products and services distribution channels;
Amendment 77 #
2023/2019(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. CRecalls on the Commission to investigatethere are already ways of granting citizens access to the public media platforms of the Member State whose citizenship they hold, regardless of where they residenews and current affairs of public media platforms regardless of where they reside thanks to Directive (EU) 2019/789;
Amendment 78 #
2023/2019(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Considering that there is currently no information on the works available on the subscription VOD platforms. Calls on the Commission to encourage, through the Agoratheka program that the on demand platforms give access to the data of their catalog available to the film browsers set up in each Member States. Recalls that this information would enhance considerably the discoverability of works online;
Amendment 79 #
2023/2019(INI)
2b. Calls on the Commission to start researches on the discoverability of European works online, in order to initiate reflections on the role of recommendation algorithms in the cultural sector, on the transparency of these algorithms, and to propose courses of action, notably in terms of standardization, metadata provision, interoperability and tools to facilitate public access;
Amendment 81 #
2023/2019(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. CRecalls onthat the Commission to guarantee citizens’ long-term access to the digital media content they have purchased, regardless of where that content was purchasedcurrent system of exclusive territorial licensing ensures the sustainable financing of films and audiovisual content, and is crucial to ensuring both content diversity and a wide range of distribution business models, which ultimately benefit EU citizens;
Amendment 82 #
2023/2019(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Recalls that, according to Article 1(5) of the Regulation, it should not affect copyright law; emphasises that Parliament requested, in line with the review clause of the Regulation, that the Commission assess whethered that the Regulation should alsonot apply to electronically supplied services whose main feature is the provision of access to and use of copyright protected works or other protected subject matter, including the selling of copyright protected works or protected subject matter in an intangible form, provided thateven if the trader has the requisite rights for the relevant territories11 ; __________________ 11 European Commission, ‘Study on the impacts of the extension of the scope of the geo-blocking regulation to audiovisual and non-audiovisual services giving access to copyright protected content’, 2020.
Amendment 85 #
2023/2019(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes the progress made in terms of the cross-catalogue availability of music, e-book, video game and software products and services, both in subscription and transaction-based models; regrets the limited improvements regarding the cross- catalogue availability of video content and live sports events, which contribute to consumers’ perception that the audiovisual services sector is applying the highest level of geo-blocking; points out that the financing of audiovisual and cinematographic works involves such large sums that it is necessary to maintain its territorial functioning;
Amendment 85 #
2023/2019(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Commission to use the Creative Europe MEDIA programme to fund a selection of emblematic European films to be made available online in all countries and languages, with an appropriate promotional campaign to ensure that the works reach their audiences. Calls on the Commission to fund more projects for dubbing and subtitling audiovisual works through Creative Europe MEDIA programme, and to work towards improving access to cinematic heritage works;
Amendment 86 #
2023/2019(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Recalls the importance of supporting a policy of European co- productions, reflecting the richness and diversity of European culture, and the importance of strengthening the international distribution of works;
Amendment 90 #
2023/2019(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Calls on the Commission to use the Creative Europe MEDIA programme to fund a selection of emblematic European films to be made available online in all countries and languages, with an appropriate promotional campaign to ensure that the works reach their audiences; calls on the Commission to fund more projects for dubbing and subtitling audiovisual works through Creative Europe MEDIA programme, and to work towards improving access to cinematic heritage works;
Amendment 90 #
2023/2019(INI)
4. Calls on the Commission to propose legislationimplement measures obliging commercial providers of digital media content operating in multiple Member States to allow Union citizens to purchase access to the catalogue of the Member State of their choiceprovide to the Audiovisual European Observatory and the rights holders data on the work they have online and their audience to better identify the availability of works by legal means ;
Amendment 91 #
2023/2019(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14 b. Recalls the importance of supporting a policy of European co- productions, reflecting the richness and diversity of European culture, and the importance of strengthening the international distribution of works;
Amendment 94 #
2023/2019(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Notes the popularity of different tools among consumers usedre is different legislative tools that exist which constitute an exception to avoid geo- blocking restrictions, especially for audiovisual content, such as the portability of a subscription to an online content service across Member States, as provided in Regulation (EU) 2017/1128, and the access to news and current affairs programmes and to fully financed own productions of the broadcasting organisation across the European Union, as provided in Directive (EU) 2019/789; considers it important to recognise that the steady modernisation and adaptation of the audiovisual services sector to new consumer expectations might be more effective than undermining the effective use of such tools;
Amendment 95 #
2023/2019(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Commission to guarantee the transparency of viewing data relating to the online exploitation of works, for the benefit of rights holders and regulators alike;
Amendment 98 #
2023/2019(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Recognizes that citizens have access to an important quantity of audiovisual works and ebooks in each Member State; whereas demand for cross border access to audiovisual works and ebooks remains very low in the EU and whereas accepting this request EU would put in jeopardy the entire audiovisual and book sectors, affecting de facto consumer’s access to diverse and highly cultural European creations;
Amendment 100 #
2023/2019(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission to prohibit geo-blocking by digital media content platforms and ban restrictions by rights-holders on passive sales of individual content or subscriponsiders that the inclusion of audiovisual services in the scope of the Geo-blocking Regulation would result in a significant loss of revenue, putting investment in new content at risk, while eroding contractual freedom and reducing cultural diversity in both content production and distributions;
Amendment 102 #
2023/2019(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15 b. Calls on the Commission to start researches on the discoverability of European works online, in order to initiate reflections on the role of recommendation algorithms in the cultural sector, on the transparency of these algorithms, and to propose courses of action, notably in terms of standardization, metadata provision, interoperability and tools to facilitate public access;
Amendment 104 #
2023/2019(INI)
Motion for a resolution
Paragraph 15 c (new)
Paragraph 15 c (new)
15 c. Calls on the Commission to encourage, through the Agoratheka program that the on demand platforms give access to the data of their catalog available to the film browsers set up in each Member States; recalls that this information would enhance considerably the discoverability of works online;
Amendment 106 #
2023/2019(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Considers that the current model for media licensing is incompatible with the trend away from television and radinclusion of the audiovisual sector in the scope of the Geoblocking Regulation is incompatible with the production of diverse audiovisual content and could trigger a chain of negative effects for the creation, financing, production and towards on-demand content; calls on the Commission todistribution of films and audiovisual content in the mid to long term, thus potentially damaging cultural diversity and a whole value chain that revliew the Union’s approach to media licensings entirely on the principle of territorial exclusivity.
Amendment 115 #
2023/2019(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Calls on the Commission to propose legislation obliging commercial providers of digital media content operating in multiple Member States to provide to the Audiovisual European Observatory and the rights holders data on the work they have online and their audience;
Amendment 31 #
2023/0323(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Although jJudicial claims related to late payment are already facilitated by Regulations (EC) No 805/200436 , (EC) No 1896/200637 , (EC) No 861/200738 and (EU) No 1215/201239 of the European Parliament and of the Council, in order to discourage late payment in commercial transactions it is necessary to lay down complementary provisions. The procedures introduced there are used differently in the Member States. The European order for payment procedure in particular is not used in the same way in all Member States, with the duration of the procedure varying greatly39a. However, greater use of these instruments would allow companies to obtain their compensation more quickly. The European procedures referred above are not sufficiently well known among businesses, citizens, professionals and courts. For this reason, it is necessary to make the procedures more effective and better known. By shortening the respective deadlines and introducing electronic processing, the procedures will become more attractive. The Member States are also required to ensure compliance with the maximum duration of the procedure. __________________ 36 Regulation (EC) No 805/2004 of the European Parliament and of the Council of 21 April 2004 creating a European Enforcement Order for uncontested claims (OJ L 143, 30.04.2004, p. 15) 37 Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure (OJ L 399, 30.12.2006, p. 1). 38 Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European Small Claims Procedure (OJ L 199, 31.7.2007, p. 1). 39 Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 351, 20.12.2012, p. 1). 39a Report from the Commission on the application of Regulation (EC) No 1896/2006 of the European Parliament and of the Council creating a European order for payment procedure
Amendment 33 #
2023/0323(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Provisions should be laid down to prevent late payments in commercial transactions, consisting in the delivery of goods or supply of services for remuneration, irrespective of whether they are carried out between undertakings or between undertakings and contracting authorities/entities, where the latter are the debtor, given these contracting authorities/entities handle a considerable. As the contracting authorities/awarding bodies process a considerable volume of payments to undertakings and since a significant amount of late payments has been experienced over the last years, it is necessary to set a mandatory payment period of 30 calendar days for these transactions. A longer payment period is often required between undertakings. Therefore, in B2B transactions, the payment period may not exceed 60 calendar days after receipt of the invoice. Due to the special features of the financing model in some sectors, it is nevertheless necessary to agree even longer payment periods. This applies in particular to seasonal goods and slow motion products. Taking into account the circumstances of an individual case, it should therefore be possible to agree longer payment periods in individual contracts. Such an agreement must be made expressly and may not be imposed unilaterally as general terms and conditions. Furthermore, the agreement must not be grossly unfair with regard to the interests of the creditor. It is already assumed that there is no gross inequity if the debtor is a small or medium-sized enterprise. Gross unfairness exists if the deviation from the standard period of 60 days occurs without an objective reason and violume of payments to undertakingates the principles of good faith and honesty. This is presumed to be the case if a payment period of more than 120 days has been agreed upon. The presumption can be rebutted in individual cases.
Amendment 36 #
2023/0323(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) The sector engaged in the production, distribution and retail of slow-moving, cultural products, has a unique organisation within the broader retail landscape; a business model that benefits all involved parties by accounting for the structure of the creative and cultural sectors as keepers of large stocks with unique, slow operating cycles and stock rotation; a business model adapted to the distinctive traits of slow-moving and slow-selling cultural products with intrinsic value, unparalleled in other types of retail.
Amendment 37 #
2023/0323(COD)
Proposal for a regulation
Recital 9 b (new)
Recital 9 b (new)
(9b) The sector engaged in the production, distribution and retail of books has a unique organisation within the broader retail landscape; having developed over decades a balanced business model employing long and flexible payment terms with the main aim of providing a diverse offer of books that enriches European culture; a business model that benefits all involved parties by accounting for the singular structure of bookshops as keepers of large stocks of thousands of unique titles, with infrequent stock rotation; a business model adapted to the distinctive traits of the trade of books, recognising books as slow-moving and slow-selling cultural products with intrinsic value, unparalleled in other types of retail.
Amendment 41 #
2023/0323(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Late payment constitutes a breach of contract which is financially attractive to debtors, due to low or no interest rates charged on late payment, or slow procedures for redress. A decisive shift to a culture of prompt payment, including one in which the exclusion of the right to charge interest for late payment is null and void, is necessary to reverse this trend and to discourage late payment. Consequently, contractual payment periods should be limited to 30 calendar days both in B2B transactions and G2B transactions, where the public authority is the debtorwhere the debtor is a large undertaking in the meaning of Directive (EU) 2013/34 and G2B transactions, where the public authority is the debtor. If it is not grossly unfair to the creditor’s rights, the contracting parties should nonetheless be able to expressly agree on longer payment periods, such as when granting trade credit to customers.
Amendment 57 #
2023/0323(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) This Regulation should be without prejudice to shorter or longer periods which may be provided for in national law, and which are more favourable to the creditor.
Amendment 64 #
2023/0323(COD)
Proposal for a regulation
Recital 17
Recital 17
Amendment 88 #
2023/0323(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) Effective access of undertakings, especially of SMEs, to credit management and financial literacy training can have a significant impact in reducing payment delays, maintaining optimal cash flows, reducing the risk of default and increasing the potential for growth. Nevertheless, SMEs often lack the capacity to invest in such training, while very limited trainings and training material focusing on enhancing SMEs’ knowledge of credit and invoice management are currently available. It is therefore appropriate to provide that Member States need to ensure that credit management tools, including factoring and financial literacy trainings are available and accessible to SMEs, including on the use of digital tools for timely payments.
Amendment 95 #
2023/0323(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) To provide sufficient time for all relevant actors to put in place the arrangements needed to comply with this Regulation, its application should be deferred. HowevIn order, to ensure better protectlegal certainty, the provisions of the creditors, commercial transactions that are to be paid after the date of entry into force of this Regulation, shall be subject to its provisions, even if the relevant contract was signed before its date of applicationis Regulation apply to transactions signed after its entry into force. In the case of long-term obligations, the provisions of this Regulation already apply to transactions concluded before the entry into force of this Regulation for the part of the remuneration to be paid after its entry into force. The relevant date is the date of receipt of the invoice.
Amendment 104 #
2023/0323(COD)
Proposal for a regulation
Article 1 – paragraph 3 – point c a (new)
Article 1 – paragraph 3 – point c a (new)
(ca) payments resulting from the purchase, sale, delivery, commission or agency operations contributing to the manufacture of books, as well as for the supply of paper and other consumables dedicated to the printing, binding or publishing of books,– in their special position as slow-moving, cultural products – where the payment terms shall be defined by agreement between the concerned parties.
Amendment 106 #
2023/0323(COD)
Proposal for a regulation
Article premier – paragraph 3 – point c a (new)
Article premier – paragraph 3 – point c a (new)
(ca) payments made for goods and services under Article 164 of Directive 2006/112/EC and exported outside the European Union.
Amendment 107 #
2023/0323(COD)
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
Amendment 109 #
2023/0323(COD)
Proposal for a regulation
Article premier – paragraph 4
Article premier – paragraph 4
4. With the exception of Article 3(1), this Regulation shall not affect the provisions laid down in Regulation (EU) 1308/2013 and Directive (EU) 2019/633.
Amendment 112 #
2023/0323(COD)
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
4. With the exception of Article 3(1), tThis Regulation shall not affect the provisions laid down in Directive (EU) 2019/633.
Amendment 119 #
2023/0323(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) ‘public authority’ means any contracting authority, as defined in Article 6(1) of Directive 2014/23/EU, Article 2(1), point (1), of Directive 2014/24/EU or in Article 3(1) of Directive 2014/25/EU, regardless of the subject or value of the contract;
Amendment 121 #
2023/0323(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
(3) ‘late payment’ means payment of the amount due that is not made within the contractual or statutory payment period as set out in Article 3;
Amendment 143 #
2023/0323(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. In commercial transactions, the payment period shall not exceed 30 calendar days, from the date of the receipt of the invoice or an equivalent request for payment by the debtor, provided that the debtor has received the goods or services. This period shall apply both to the transactions between undertakings and between public authorities and undertakings. Undertakings may agree on longer payment periods unless the debtor is a contracting authority or a large undertaking in the meaning of Directive (EU) 2013/34 and the debtor a VSE or PME. The same payment period shall also apply to the supply of non- perishable agricultural and food products on a regular and non-regular basis as referred to in Articles 3(1)(a), point (i), second indent and 3(1)(a), point (ii), second indent of Directive (EU) 2019/633, unless Member States provide for a shorter payment period for such products.
Amendment 150 #
2023/0323(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. In commercial transactions, the payment period shall not exceed 360 calendar days, from the date of the receipt of the invoice or an equivalent request for payment by the debtor, provided that the debtor has received the goods or services. This period shall apply both to the transactions between undertakings and between public authorities and undertakings. The same payment period shall also apply to the supply of non- perishable agricultural and food products one creditor and the debtor may agree on a payment period longer than 60 days as long as it is justified and previously a gregular and non-regular basis as referred to in Articles 3(1)(a), point (i), second indent and 3(1)(a), point (ii), second indent of Directive (EU) 2019/633, unless Member States provide for a shorter payment period for such producted in clear and unambiguous terms in the contract between the debtor and the creditor. In commercial transactions where the debtor is a public authority, the payment period shall not exceed 30 calendar days.
Amendment 157 #
2023/0323(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Between public authorities and undertakings the payment period shall not exceed 30 calendar days. In commercial transactions, the payment period shall not exceed 360 calendar days, from the date of the receipt of the invoice or an equivalent request for payment by the debtor, provided that the debtor has received the goods or services. This period shall apply both to the transactions between undertakings and between public authorities and undertakings. The same payment period shall also apply to the supply of non- perishable agricultural and food products on a regular and non-regular basis as referred to in Articles 3(1)(a), point (i), second indent and 3(1)(a), point (ii), second indent of Directive (EU) 2019/633, unless Member States provide for a shorter payment period for such productsAn agreement between undertakings whereby the payment period is fixed at more than 60 calendar days after receipt of the invoice is only valid, if it has been expressly agreed and is not grossly unfair with regard to the interests of the creditor. Fairness is presumed if the debtor is a small or medium-sized enterprise.
Amendment 172 #
2023/0323(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. A procedure of acceptance or verification may be exceptionally provided for in national law only where strictly necessary due to the specific nature of the goods or services. In that case, the contract shall describe the details of the procedure of acceptance or verification, including its duration.
Amendment 174 #
2023/0323(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. A procedure of acceptance or verification may be exceptionally provided for in national law only where strictly necessary dueGross unfairness exists if the deviation from the standard period of 60 days occurs without an objective reason and violates the principles of good faith and honesty. This is presumed to be the specific nature of the gocase if a payment periods or services. In that case, the contract shall describe the details of the procedure of acceptance or verification, including its durationf more than 120 days has been agreed. The presumption can be rebutted in individual cases.
Amendment 178 #
2023/0323(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 179 #
2023/0323(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Where the contract provides for a procedure of acceptance or verification, in accordance with paragraph 2, the maximum duration of that procedure shall not exceed 360 calendar days from the date of receipt of the goods or services by the debtor, even if such goods or services are supplied prior to the issuance of the invoice or an equivalent request for payment. In this case, the debtor shall initiate the procedure for acceptance or verification immediately upon reception from the creditor of the goods and/or the services that are the object of the commercial transaction. The payment period shall not exceed 360 calendar days after such procedure has taken place. An agreement between undertakings whereby the payment period is fixed at more than 60 calendar days after receipt of the invoice is only valid, if it has been expressly agreed and is not grossly unreasonable with regard to the interests of the creditor. Fairness is presumed if the debtor is a small or medium-sized enterprise.
Amendment 189 #
2023/0323(COD)
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. The payment period set out in paragraph 1 is the maximum payment period and is without prejudice to a shorter period which may be provided for in national law.
Amendment 190 #
2023/0323(COD)
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. The payment period set out in paragraph 1 is the maximum payment period and is without prejudice to a shorter period which may be provided for in national law. An exceptional payment period may also be agreed on at national level by industry agreement to take account of the specific features of the economic activity in the event of seasonal variation in sales or low turnover of stocks of goods.
Amendment 194 #
2023/0323(COD)
Proposal for a regulation
Article 3 – paragraph 4 a (new)
Article 3 – paragraph 4 a (new)
4a. Nevertheless, longer payment terms may be defined by mutual agreements between the parties which are engaged in the production and retail of slow-moving, cultural products, with unique operating cycles and stock rotation of goods.
Amendment 199 #
2023/0323(COD)
Proposal for a regulation
Article 3 – paragraph 4 a (new)
Article 3 – paragraph 4 a (new)
4a. The provisions on refusal of payment in the event of non-conforming goods or services shall remain unaffected.
Amendment 202 #
2023/0323(COD)
Proposal for a regulation
Article 3 – paragraph 4 b (new)
Article 3 – paragraph 4 b (new)
4b. Paragraph 1 does not apply to the book sector.
Amendment 206 #
2023/0323(COD)
Proposal for a regulation
Article 4
Article 4
Amendment 229 #
2023/0323(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. In case of late payment, the debtor shall be liable to pay interest for late payment, except where the debtor is not responsible for the payment delay.
Amendment 238 #
2023/0323(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 246 #
2023/0323(COD)
Proposal for a regulation
Article 5 – paragraph 6 – introductory part
Article 5 – paragraph 6 – introductory part
6. WIf the re the conditions set out inquirements of paragraph 2 are satisfiedmet, interest for late payment shall start accruing from the last one ofon arrears shall commence on the day following the following events:
Amendment 261 #
2023/0323(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 268 #
2023/0323(COD)
Proposal for a regulation
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. The following contractual terms and practices shall be null and void:
Amendment 271 #
2023/0323(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
Amendment 281 #
2023/0323(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Member States shall ensure that adequate and effective means exist to end the contractual terms and practices referred to in paragraph 1practices like intentionally delaying or preventing the moment of sending the invoice.
Amendment 298 #
2023/0323(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Creditors shall obtain an enforceable title, including through an expedited procedure and irrespective of the amount of debt, within 930 calendar days of the lodging of the action or application at the court or other competent authority, provided that the debt and the procedure are not disputed.
Amendment 301 #
2023/0323(COD)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. This Article shall be without prejudice to the provisions of Regulation (EC) 1896/2006 and Regulation (EC) No 861/2007.
Amendment 302 #
2023/0323(COD)
Proposal for a regulation
Article 13
Article 13
Amendment 303 #
2023/0323(COD)
Proposal for a regulation
Article 13
Article 13
Amendment 339 #
2023/0323(COD)
Proposal for a regulation
Article 14
Article 14
Amendment 340 #
2023/0323(COD)
Proposal for a regulation
Article 14
Article 14
Amendment 357 #
2023/0323(COD)
Proposal for a regulation
Article 15
Article 15
Amendment 358 #
2023/0323(COD)
Proposal for a regulation
Article 15
Article 15
Amendment 378 #
2023/0323(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. To the extent possible, Member States shall use digital tools for effective enforcement of this RegulationMember States shall use digital tools as soon as possible for the effective enforcement of this Regulation and of Regulations (EC) No 805/2004, (EC) No 1896/2006, (EC) No 861/2007 and (EU) No 1215/2012. It shall be possible to submit all forms digitally by 2027. Applicants shall be informed of their entitlement to interest on arrears in accordance with Article 5 and compensation for debt collection costs in accordance with Article 8 by means of a separate, clearly recognizable notice as part of the electronic application. In this context, separate reference shall be made to Article 8 (4) and (5).
Amendment 381 #
2023/0323(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Member States shall ensure that credit management tools, including factoring and similar financing services, and financial literacy trainings are available and accessible to small and medium sized enterprises, including on the use of digital tools for timely payments.
Amendment 387 #
2023/0323(COD)
Proposal for a regulation
Article 17 a (new)
Article 17 a (new)
Article 17a Amendments to Regulation (EC) No 1896/2006 Regulation (EC) No 1896/2006 is amended as follows: (1) Article 7 is amended as follows: (a) paragraph 5 is replaced by the following: "The application shall be submitted electronically." (b) paragraph 6 is replaced by the following: "The application shall be signed electronically in accordance with Article [2(2)] of Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market . This signature shall be recognized in the Member State of origin without any further conditions being imposed. Member States shall introduce alternative electronic communication systems that allow secure identification of users. In this case, an electronic signature shall not be required." (2) Article 12(1) is amended as follows: "If the conditions set out in Article 8 are fulfilled, the court shall issue a European order for payment using form E as set out in Annex V within 14 days of the lodging of an application. In calculating the 14- day period, the time taken by the claimant to complete, correct or amend the application shall not be taken into account." (3) Article 16(2) is amended as follows: "The statement of opposition shall be sent to the defendant within 14 days from the date of service of the order for payment."
Amendment 389 #
2023/0323(COD)
Proposal for a regulation
Article 17 b (new)
Article 17 b (new)
Article 17b Amendments to Regulation (EC) No 861/2007 Regulation (EC) No 861/2007 is amended as follows: (1) Article 7 is amended as follows: (a) paragraph 1 is replaced by the following: "Within 14 days of receiving the defendant's or claimant's replies within the time limit laid down in Article 5(3) or (6), the court shall give judgment or proceed as follows: (a) invite the parties to provide further information relating to the claim within a specified period, which shall not exceed 14 days; (b) take evidence in accordance with Article 9; c) summon the parties to an oral hearing, which shall take place within 14 days of the summons." (b) paragraph 2 shall be replaced by the following: "Member States shall introduce alternative electronic communication systems that allow secure identification of users. In this case, an electronic signature shall not be required." 2. The following paragraph 5 shall be added to Article 13: "5. The documents referred to in Article 5(2) and (6) and judgments given in accordance with Article 7 shall be served by electronic means from 1 January 2027. Service shall be evidenced by an acknowledgement of receipt stating the date of receipt. All correspondence other than that referred to in paragraph 1 between the court and the parties or other persons involved in the proceedings shall be transmitted by electronic means with acknowledgement of receipt. Member States shall provide the technical means necessary for this by 1 January 2027." 3. Article 18(2) is amended as follows; "The time limit for requesting a review of the judgment shall be 14 days. It shall commence on the day on which the defendant actually became aware of the content of the judgment and was in a position to act accordingly, but no later than the day of the first enforcement measure that resulted in the defendant's assets being wholly or partially withdrawn from his disposal. An extension of this period is excluded."
Amendment 404 #
2023/0323(COD)
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. Commercial transactions carried out afterntracts concluded after the date of application of this Regulation shall be subject to the provisions of this Regulation. Long-term contracts concluded before the date of application of this Regulation shall be subject to the provisions of the presentis Regulation, including when the underlying contract has been concluded before that dat for the part of the remuneration to be paid after its entry into force for transactions concluded before the entry into force of this Regulation for the part of the remuneration invoiced after its entry into force.
Amendment 154 #
2023/0290(COD)
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
3. The Commission shall be empowered tofore the application of this Regulation pursuant to Article 56 adopt implementing acts determining whether or not specific products or categories of products fulfil the criteria set out in paragraph 1 of this Article and therefore can or cannot be considered toys within the meaning of this Regulation. Those implementing acts shall be adopted in accordance with the procedure set out in Article 50(2).
Amendment 168 #
2023/0290(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 14
Article 3 – paragraph 1 – point 14
(14) ‘data carrier’ means a linear bar code symbol, a two-dimensional symbol or other automatic identification data capture medium that can be read by a device;data carrier as defined in Article 2 paragraph 1, point 30 of Regulation (EU) .../...) [PO insert serial number for Ecodesign Requirements for Sustainable Poducts]
Amendment 169 #
2023/0290(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 15
Article 3 – paragraph 1 – point 15
(15) ‘unique product identifier’ means unique string of characters for the identification of toys that also enables a web link to the product passport;product identifier as defined in Article 2 paragraph 1, point 31 of Regulation (EU) .../...) [PO insert serial number for Ecodesign Requirements for Sustainable Poducts]
Amendment 170 #
2023/0290(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 16
Article 3 – paragraph 1 – point 16
(16) ‘unique operator identifier’ means a unique string of characters for the identification of actors involved in the value chain of toys;operator identifier as defined in Article 2 paragraph 1, point 32 of Regulation (EU) .../...) [PO insert serial number for Ecodesign Requirements for Sustainable Poducts]
Amendment 188 #
2023/0290(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
Toys shall not present a risk to the safety or health of users or third parties, including the psychological and mental health, well- being and cognitive development of children, when they are used as intended or in a foreseeable way, bearing in mind the behaviour of children.
Amendment 211 #
2023/0290(COD)
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
6. Manufacturers shall indicate their name, registered trade name or registered trade mark and the postal and electronic address at which they can be contacted on the toy or, where that is not possible, on its packaging or in a document accompanying the toy. Manufacturers shall indicate a single point at which they can be contacted.
Amendment 287 #
2023/0290(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point d
Article 17 – paragraph 2 – point d
(d) be up to date;, while not presenting outdated information older than three months.
Amendment 302 #
2023/0290(COD)
Proposal for a regulation
Article 17 – paragraph 10 – subparagraph 1 – introductory part
Article 17 – paragraph 10 – subparagraph 1 – introductory part
The Commission shall prior to the application of this regulation pursuant Article 56 adopt implementing acts determining the specific and technical requirements related to the product passport for toys. Those requirements shall cover in particular the following:
Amendment 385 #
2023/0290(COD)
Proposal for a regulation
Article 54 – paragraph 1
Article 54 – paragraph 1
1. Toys placed on the market in conformity with Directive 2009/48/EC before … [OP please insert the date = the first day of the month following 30 months after the date of entry into force of this Regulation] may continue to be made available on the market until … [OP please insert the date = the first day of the month following 542 months after the date of entry into force of this Regulation].
Amendment 392 #
2023/0290(COD)
Proposal for a regulation
Article 54 – paragraph 3
Article 54 – paragraph 3
3. EC type-examination certificates issued in accordance with Article 20 of Directive 2009/48/EC shall remain valid until … [PO insert date: the first day of the month following 542 months after the date of entry into force of this Regulation], unless they expire before that date.
Amendment 402 #
2023/0290(COD)
Proposal for a regulation
Article 56 – paragraph 3
Article 56 – paragraph 3
However, Articles 2(3), 17(10), 24 to 40, and 46 to 52, shall apply from … [OP: please insert the date of entry into force of this Regulation].
Amendment 412 #
2023/0290(COD)
Proposal for a regulation
Annex I – Part II a (new)
Annex I – Part II a (new)
II a Books for children older than 36 months, that are made entirely of paper and/or cardboard, without additional materials or components.
Amendment 418 #
2023/0290(COD)
Proposal for a regulation
Annex II – Part I – point 9
Annex II – Part I – point 9
9. Toys shallintended to generate sound must be designed and manufactured in such a way, in terms ofwith regard to the maximum values for impulse noise and continuous noise, in such a way that the sound from them is not able tothey emit cannot impair children’'s hearing.
Amendment 453 #
2023/0290(COD)
Proposal for a regulation
Annex VI – Part I – point d
Annex VI – Part I – point d
(d) object of the passport (identification of toy allowing traceability, including a colour image of sufficient clarity to enable the identification of the toy);
Amendment 454 #
2023/0290(COD)
Proposal for a regulation
Annex VI – Part I – point k
Annex VI – Part I – point k
Amendment 456 #
2023/0290(COD)
Proposal for a regulation
Annex VI – Part II a (new)
Annex VI – Part II a (new)
II a image or drawing of the toy.
Amendment 76 #
2023/0133(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) SEPs are patents that protect technology that is incorporated in a standard. SEPs are ‘essential’ in the sense that implementation of the standard requires use of the inventions covered by SEPs. The success of a standard depends on its wide implementation and as such every stakeholder should be allowed to use a standard. To ensure wide implementation and accessibility of standards, standard development organisations demand the SEP holders that participate in standard development to commit to license those patents on FRAND terms and conditions to implementers that chose to use the standard. The FRAND commitment is a voluntary contractual commitment given by the SEP holder for the benefit of third parties, and it should be respected as such also by subsequent SEP holders. This Regulation should apply to patents in force in a Member State that are essential to a standard that has been published by a standard development organisation, to which the SEP holder has made a commitment to license its SEPs on fair, reasonable and non-discriminatory (FRAND) terms and conditions and that is not subject to a royalty-free intellectual property policy, after the entry into force of this Regulation.
Amendment 79 #
2023/0133(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) There are well established commercial relationships and licensing practices for certain use cases of standards, such as the standards for wireless communications, with iterations over multiple generations leading to considerable mutual dependency and significant value visibly accruing to both SEP holders and implementers. There are other, typically more novel use cases – sometimes of the same standards or subsets thereof - with less mature markets, more diffuse and less consolidated implementer communities, for which unpredictability of royalty and other licensing conditions and the prospect of complex patent assessments and valuations and related litigation weigh more heavily on the incentives to deploy standardised technologies in innovative products. Therefore, in order to ensure a proportionate and well targeted response, certain procedures under this Regulation, namely the aggregate royalty determination and the compulsory FRAND determination prior to litigation, should not bethis Regulation, shall only appliedy to identified use cases of certain standards or parts thereof for which there is sufficient evidence that SEP licensing negotiations on FRAND terms do not give rise to significant difficulties or inefficiencies.
Amendment 84 #
2023/0133(COD)
Proposal for a regulation
Recital 5
Recital 5
Amendment 89 #
2023/0133(COD)
Proposal for a regulation
Recital 8
Recital 8
Amendment 92 #
2023/0133(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) As there are specific procedures for assessing the validity and the infringement of patents, this Regulation should not affect such procedures. It is therefore necessary for the proposed FRAND determination procedure to run in parallel with such procedures, except in cases where an SME is involved as a defendant.
Amendment 94 #
2023/0133(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The competence centre should set up and administer an electronic register and an electronic database containing detailed information on SEPs in force in one or more Member States, including essentiality check results, opinions, reports, available case-law from jurisdictions across the globe, rules relating to SEPs in third countries, and results of studies specific to SEPs. In order to raise awareness and facilitate SEP licensing for SMEs, the competence centre should offer assistance to SMEs. The setting up and administering a system for essentiality checks and processes for aggregate royalty determination and FRAND determination by the competence centre should include actions improving the system and the processes on a continuous basis, including through the use of new technologies. In line with this objective, the competence centre should establish training procedures for evaluators of essentiality and conciliators for providing opinions on aggregate royalty as well as on FRAND determination and should encourage consistency in their practices.
Amendment 98 #
2023/0133(COD)
Proposal for a regulation
Recital 15
Recital 15
Amendment 101 #
2023/0133(COD)
Proposal for a regulation
Recital 16
Recital 16
Amendment 102 #
2023/0133(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Once a standard has been notified or an aggregate royalty is specified, whichever is made first, the competence centre will open the registration of SEPs by holders of SEPs in force in one or more Member States.
Amendment 107 #
2023/0133(COD)
Proposal for a regulation
Recital 20
Recital 20
Amendment 112 #
2023/0133(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) A SEP holder may also request the modification of a SEP registration. An interested stakeholder may also request the modification of a SEP registration, if it can demonstrate that the registration is inaccurate based on a definitive decision by a public authority. A SEP can only be removed from the register at the request of the SEP holder, if the patent is expired, was invalidated or found non-essential by a final decision or ruling of a competent court of a Member State or found non- essential under this Regulation.
Amendment 117 #
2023/0133(COD)
Proposal for a regulation
Recital 26
Recital 26
Amendment 122 #
2023/0133(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) SEPs are patents that protect technology that is incorporated in a standard. SEPs are ‘essential’ in the sense that implementation of the standard requires use of the inventions covered by SEPs. The success of a standard depends on its wide implementation and as such every stakeholder should be allowed to use a standard. To ensure wide implementation and accessibility of standards, standard development organisations demand the SEP holders that participate in standard development to commit to license those patents on FRAND terms and conditions to implementers that chose to use the standard. The FRAND commitment is a voluntary contractual commitment given by the SEP holder for the benefit of third parties, and it should be respected as such also by subsequent SEP holders. This Regulation should apply to patents in force in a Member State that are essential to a standard that has been published by a standard development organisation, to which the SEP holder has made a commitment to license its SEPs on fair, reasonable and non-discriminatory (FRAND) terms and conditions and that is not subject to a royalty-free intellectual property policy, after the entry into force of this Regulation.
Amendment 124 #
2023/0133(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) The FRAND determination would be a mandatory step before a SEP holder would be able to initiate patent infringement proceedings or an implementer could request a determination or assessment of FRAND terms and conditions concerning a SEP before a competent court of a Member State. However, the obligation to initiate FRAND determination before the relevant court proceedings should not be required for SEPs covering those use cases of standards for which the Commission establishes that there are no significant difficulties or inefficiencies in licensing on FRAND terms.
Amendment 127 #
2023/0133(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) There are well established commercial relationships and licensing practices for certain use cases of standards, such as the standards for wireless communications, with iterations over multiple generations leading to considerable mutual dependency and significant value visibly accruing to both SEP holders and implementers. There are other, typically more novel use cases – sometimes of the same standards or subsets thereof - with less mature markets, more diffuse and less consolidated implementer communities, for which unpredictability of royalty and other licensing conditions and the prospect of complex patent assessments and valuations and related litigation weigh more heavily on the incentives to deploy standardised technologies in innovative products. Therefore, in order to ensure a proportionate and well targeted response, certain procedures under this Regulation, namely the aggregate royalty determination and the compulsory FRAND determination prior to litigation, should not bethis Regulation, shall only appliedy to identified use cases of certain standards or parts thereof for which there is sufficient evidence that SEP licensing negotiations on FRAND terms do not give rise to significant difficulties or inefficiencies.
Amendment 128 #
2023/0133(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) Each party may choose whether it wishes to engage in the procedure and commit to comply with its outcome. Where a party does not reply to the FRAND determination request or does not commit to comply with the outcome of the FRAND determination, the other party should be able to request either the termination or the unilateral continuation of the FRAND determination. Such a party should not be exposed to litigation during the time of the FRAND determination. At the same time, the FRAND determination should be an effective procedure for the parties to reach agreement beforeand settle any ongoing litigation or to obtain a determination to be used in further proceedings. Therefore, the party or parties that commit to complying with the outcome of the FRAND determination and duly engage in the procedure should be able to benefit from its completion.
Amendment 132 #
2023/0133(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) The obligation to initiate FRAND determination should not be detrimental to the effective protection of the parties’ rights. In that respect, the party that commits to comply with the outcome of the FRAND determination while the other party fails to do so should be entitled to initiate proceedings before the competent national court pending the FRAND determination. In addition, e to address infringement and validity of SEPs. Therefore, the FRAND determination shall run in parallel to any court proceedings, except in cases where an SME is involved as a defendant. Either party should be able to request a provisional injunctionof a financial nature before the competent court. In a situation where a FRAND commitment has been given by the relevant SEP holder, provisional injunctions of an adequate and proportionate financial nature should provide the necessary judicial protection to the SEP holder who has agreed to license its SEP on FRAND terms, while the implementer should be able to contest the level of FRAND royalties or raise a defence of lack of essentiality or of invalidity of the SEP. In those national systems that require the initiation of the proceedings on the merits of the case as a condition to request the interim measures of a financial nature, it should be possible to initiate such proceedings, but the parties should request that the case be suspended during the FRAND determination. When determining what level of the provisional injunction of financial nature is to be deemed adequate in a given case, account should be taken, inter alia, of the economic capacity of the applicant and the potential effects for the effectiveness of the measures applied for, in particular for SMEs, also in order to prevent the abusive use of such measures. It should also be clarified that once the FRAND determination is terminated, the whole range of measures, including provisional, precautionary and corrective measures, should be available to parties.
Amendment 133 #
2023/0133(COD)
Proposal for a regulation
Recital 5
Recital 5
Amendment 138 #
2023/0133(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) Upon appointment, the conciliation centre should refer the FRAND determination to the conciliator, who should examine whether the request contains the necessary information, and communicate the schedule of procedure to the parties or the party requesting the continuations of the FRAND determination.
Amendment 138 #
2023/0133(COD)
Proposal for a regulation
Recital 8
Recital 8
Amendment 139 #
2023/0133(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) As there are specific procedures for assessing the validity and the infringement of patents, this Regulation should not affect such procedures. It is therefore necessary for the proposed FRAND determination procedure to run in parallel with such procedures, except in cases where an SME is involved as a defendant.
Amendment 144 #
2023/0133(COD)
Proposal for a regulation
Recital 42
Recital 42
Amendment 145 #
2023/0133(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) When determining the aggregate royalties and making FRAND determinations the conciliators should take into account in particular any Union acquis and judgments of the Court of Justice pertaining to SEPs as well as guidance issued under this Regulation, the Horizontal Guidelines42 and the Commission’s 2017 Communication ‘Setting out the EU approach to Standard Essential Patents’. 43 Furthermore, the conciliators should consider any expert opinion on the aggregate royaltyFRAND determination or in the absence thereof, should request information from the parties before it makes its final proposals well as guidance issued under this Regulation, as well as guidance issued under this Regulation. __________________ 42 Communication from the Commission – Guidelines on the applicability of Article 101 of the Treaty on the Functioning of the European Union to horizontal co-operation agreements, OJ C 11, 14.01.2011, pp. 1 (currently under review) 43 Communication on Setting out the EU approach to Standard Essential Patents, COM(2017)712 final, 29.11.2017.
Amendment 145 #
2023/0133(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The competence centre should set up and administer an electronic register and an electronic database containing detailed information on SEPs in force in one or more Member States, including essentiality check results, opinions, reports, available case-law from jurisdictions across the globe, rules relating to SEPs in third countries, and results of studies specific to SEPs. In order to raise awareness and facilitate SEP licensing for SMEs, the competence centre should offer assistance to SMEs. The setting up and administering a system for essentiality checks and processes for aggregate royalty determination and FRAND determination by the competence centre should include actions improving the system and the processes on a continuous basis, including through the use of new technologies. In line with this objective, the competence centre should establish training procedures for evaluators of essentiality and conciliators for providing opinions on aggregate royalty as well as on FRAND determination and should encourage consistency in their practices.
Amendment 148 #
2023/0133(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) SMEs may be involved in SEP licensing both as SEP holders and implementers. While there are currently a few SME SEP holders, tThe efficiencies produced with this Regulation are likely tshould also facilitate the licensing of their SEPfor SME SEP holders to ensure a fair return on their investment and encourage SME participation in standards development. Additional conditions are necessary to relieve the cost burden on such SMEs such as reduced administrative burden, administration fees and potentially reduced fees for essentiality checks and conciliation in addition to free support and trainings. The SEPs of micro and small enterprises should not be the subject of sampling for essentiality check, but they should be able to propose SEPs for essentiality checks if they wish to. SME implementers should likewise benefit from reduced access fees and free support and trainings. Finally, SEP holders should be encouraged to incentivise licensing by SMEs through low volume discounts or exemptions from FRAND royalties.
Amendment 150 #
2023/0133(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) In order to supplement certain non-essential elementscorrectly focus and develop the scope of this Regulation, the power to adopt acts, in accordance with Article 290 of the Treaty on the Functioning of the European Union, should be delegated to the Commission in respect of the items to be entered in the register or in respect of determining the relevant existing standards or to identify use cases of standards or parts thereof for which the Commission establishes that there are no significant difficulties or inefficiencies in licensing on FRAND terms. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making44 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. __________________ 44 OJ L 123, 12.5.2016, p. 1.
Amendment 151 #
2023/0133(COD)
Proposal for a regulation
Recital 15
Recital 15
Amendment 153 #
2023/0133(COD)
Proposal for a regulation
Recital 16
Recital 16
Amendment 154 #
2023/0133(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) In order to ensure uniform conditions for the implementation of the relevant provisions of this Regulation, implementing powers should be conferred on the Commission to adopt the detailed requirements for the selection of evaluators and conciliators, as well as adopt the rules of procedure and Code of Conduct for evaluators and conciliators. The Commission should also adopt the technical rules for the selection of a sample of SEPs for essentiality checks and the methodology for the conduct of such essentiality checks by evaluators and peer evaluators. The Commission should also determine any administrative fees for its services in relation to the tasks under this Regulation and fees for the services evaluators, experts and conciliators, derogations thereof and payment methods and adapt them as necessary. The Commission should also determine the standards or parts thereof that have been published before the entry into force of this Regulation, for which SEPs can be registered. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.45 __________________ 45 Regulation (EU) No 182/2011 of the European Parliament and of the Council laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13.)
Amendment 156 #
2023/0133(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Once a standard has been notified or an aggregate royalty is specified, whichever is made first, the competence centre will open the registration of SEPs by holders of SEPs in force in one or more Member States.
Amendment 157 #
2023/0133(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) Regulation (EU) 2017/1001 of the European Parliament and of the Council46 should be amended to empower EUIPO to take on the tasks under this Regulation. The functions of the Executive Director should also be expanded to include the powers conferred on him under this Regulation. Furthermore, the EUIPO’s arbitration and mediation centre should be empowered to set up processes such as the aggregate royalty determination and the FRAND determination. __________________ 46 Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark (OJ L 154, 16.6.2017, p. 1.)
Amendment 159 #
2023/0133(COD)
Proposal for a regulation
Recital 20
Recital 20
Amendment 163 #
2023/0133(COD)
Proposal for a regulation
Article 1 – paragraph 2 – introductory part
Article 1 – paragraph 2 – introductory part
2. This Regulation shall apply to patents are in force in one or more Member States and that are essential to a standard that has been published by a standard development organisation, to which the SEP holder has made a commitment to license its SEPs on fair, reasonable and non-discriminatory (FRAND) terms and conditions and that is not subject to a royalty-free intellectual property policy,
Amendment 167 #
2023/0133(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) A SEP holder may also request the modification of a SEP registration. An interested stakeholder may also request the modification of a SEP registration, if it can demonstrate that the registration is inaccurate based on a definitive decision by a public authority. A SEP can only be removed from the register at the request of the SEP holder, if the patent is expired, was invalidated or found non-essential by a final decision or ruling of a competent court of a Member State or found non- essential under this Regulation.
Amendment 170 #
2023/0133(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point a
Article 1 – paragraph 2 – point a
(a) 3 years after the entry into forceapplication of this Regulation, with the exceptions provided in paragraph 3;
Amendment 171 #
2023/0133(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
Amendment 173 #
2023/0133(COD)
Proposal for a regulation
Recital 26
Recital 26
Amendment 178 #
2023/0133(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
Amendment 181 #
2023/0133(COD)
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
4. Where there is sufficient evidence that, as regards identified use cases of certain standards or parts thereof, SEP licensing negotiations on FRAND terms do not give rise to significant difficulties or inefficiencies affecting the functioning of the internal market, the Commission shall, after an appropriate consultation process, by means of a delegated act pursuant to Article 67, establish a list ofbring such use cases, standards or parts thereof, for the purposes of paragraph 3within the scope of the Regulation.
Amendment 186 #
2023/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) ‘essential to a standard’ means that the patent contains at least one claim for which it is not possible on technical grounds to make or use an implementation or method which compliesfully with a standard, including options therein, without infringing the patent under the current state of the art and normal technical practice;
Amendment 189 #
2023/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
Amendment 192 #
2023/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 11
Article 2 – paragraph 1 – point 11
Amendment 196 #
2023/0133(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) The FRAND determination would be a mandatory step before a SEP holder would be able to initiate patent infringement proceedings or an implementer could request a determination or assessment of FRAND terms and conditions concerning a SEP before a competent court of a Member State. However, the obligation to initiate FRAND determination before the relevant court proceedings should not be required for SEPs covering those use cases of standards for which the Commission establishes that there are no significant difficulties or inefficiencies in licensing on FRAND terms.
Amendment 198 #
2023/0133(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) Each party may choose whether it wishes to engage in the procedure and commit to comply with its outcome. Where a party does not reply to the FRAND determination request or does not commit to comply with the outcome of the FRAND determination, the other party should be able to request either the termination or the unilateral continuation of the FRAND determination. Such a party should not be exposed to litigation during the time of the FRAND determination. At the same time, the FRAND determination should be an effective procedure for the parties to reach agreement beforeand settle any ongoing litigation or to obtain a determination to be used in further proceedings. Therefore, the party or parties that commit to complying with the outcome of the FRAND determination and duly engage in the procedure should be able to benefit from its completion.
Amendment 202 #
2023/0133(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point f
Article 3 – paragraph 2 – point f
Amendment 202 #
2023/0133(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) The obligation to initiate FRAND determination should not be detrimental to the effective protection of the parties’ rights. In that respect, the party that commits to comply with the outcome of the FRAND determination while the other party fails to do so should be entitled to initiate proceedings before the competent national court pending the FRAND determination. In addition, e to address infringement and validity of SEPs. Therefore, the FRAND determination shall run in parallel to any court proceedings, except in cases where an SME is involved as a defendant. Either party should be able to request a provisional injunction of a financial nature before the competent court. In a situation where a FRAND commitment has been given by the relevant SEP holder, provisional injunctions of an adequate and proportionate financial nature should provide the necessary judicial protection to the SEP holder who has agreed to license its SEP on FRAND terms, while the implementer should be able to contest the level of FRAND royalties or raise a defence of lack of essentiality or of invalidity of the SEP. In those national systems that require the initiation of the proceedings on the merits of the case as a condition to request the interim measures of a financial nature, it should be possible to initiate such proceedings, but the parties should request that the case be suspended during the FRAND determination. When determining what level of the provisional injunction of financial nature is to be deemed adequate in a given case, account should be taken, inter alia, of the economic capacity of the applicant and the potential effects for the effectiveness of the measures applied for, in particular for SMEs, also in order to prevent the abusive use of such measures. It should also be clarified that once the FRAND determination is terminated, the whole range of measures, including provisional, precautionary and corrective measures, should be available to parties.
Amendment 207 #
2023/0133(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) Upon appointment, the conciliation centre should refer the FRAND determination to the conciliator, who should examine whether the request contains the necessary information, and communicate the schedule of procedure to the parties or the party requesting the continuations of the FRAND determination.
Amendment 209 #
2023/0133(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point c
Article 4 – paragraph 3 – point c
(c) the standard version, the technical specification and the specifican illustrative sections of the technical specification for which the patent is considered essential;
Amendment 211 #
2023/0133(COD)
Proposal for a regulation
Article 4 – paragraph 4 – point c
Article 4 – paragraph 4 – point c
(c) any information on whether an essentiality check or peer evaluation have been performed and reference toperformed before the registration and the result of the resultsentiality check;
Amendment 212 #
2023/0133(COD)
Proposal for a regulation
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4 a. Prior to registering their patents, SEP holders may voluntarily submit their SEPs for essentiality checking to the competence centre.
Amendment 214 #
2023/0133(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point b
Article 5 – paragraph 2 – point b
Amendment 217 #
2023/0133(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point d
Article 5 – paragraph 2 – point d
(d) information regarding known products, processes, services or systems and implementations as well as projected pricing, anticipated sales volume, and any other relevant market data pursuant to Article 7, first paragraph, point (b);
Amendment 219 #
2023/0133(COD)
Proposal for a regulation
Recital 42
Recital 42
Amendment 221 #
2023/0133(COD)
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2 a. The following information in the database shall be publicly accessible: a list of “unwilling licensees” containing the organizations which have been proven to be engaging in “hold-out” behaviour, either in litigation processes or by refusing to engage with the FRAND determination process, pursuant to Article 46.
Amendment 223 #
2023/0133(COD)
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
A SEP holdimplementer shall provide to the competence centre the following information:
Amendment 223 #
2023/0133(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) When determining the aggregate royalties and making FRAND determinations the conciliators should take into account in particular any Union acquis and judgments of the Court of Justice pertaining to SEPs as well as guidance issued under this Regulation, the Horizontal Guidelines42 and the Commission’s 2017 Communication ‘Setting out the EU approach to Standard Essential Patents’.43 Furthermore, the conciliators should consider any expert opinion on the aggregate royaltyFRAND determination or in the absence thereof, should request information from the parties before it makes its final proposals well as guidance issued under this Regulation, as well as guidance issued under this Regulation. __________________ 42 Communication from the Commission – Guidelines on the applicability of Article 101 of the Treaty on the Functioning of the European Union to horizontal co-operation agreements, OJ C 11, 14.01.2011, pp. 1 (currently under review) 43 Communication on Setting out the EU approach to Standard Essential Patents, COM(2017)712 final, 29.11.2017.
Amendment 224 #
2023/0133(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) information as regards the products, processes, services or systems in which the subject-matter of the SEP may be incorporated or to which it is intended to be applied, for all existing or potential implementations of a standard as well as projected pricing, anticipated sales volume, and any other relevant market data, to the extent such information is known to the SEP holderimplementer of a SEP.
Amendment 225 #
2023/0133(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
Amendment 226 #
2023/0133(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) any essentiality check prior to [OJ: please insert the date = 24 months from entry into force of this regulation] by an independent evaluator in the context of a pool, identifying the SEP registration number, the identity of the patent pool and its administrator, and the evaluator.
Amendment 226 #
2023/0133(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) SMEs may be involved in SEP licensing both as SEP holders and implementers. While there are currently a few SME SEP holders, tThe efficiencies produced with this Regulation are likely tshould also facilitate the licensing of their SEPSME SEP holders to ensure a fair return on their investment and encourage SME participation in standards development. . Additional conditions are necessary to relieve the cost burden on such SMEs such as reduced administrative burden, administration fees and potentially reduced fees for essentiality checks and conciliation in addition to free support and trainings. The SEPs of micro and small enterprises should not be the subject of sampling for essentiality check, but they should be able to propose SEPs for essentiality checks if they wish to. SME implementers should likewise benefit from reduced access fees and free support and trainings. Finally, SEP holders should be encouraged to incentivise licensing by SMEs through low volume discounts or exemptions from FRAND royalties.
Amendment 227 #
2023/0133(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) In order to supplement certain non-essential elementscorrectly focus and develop the scope of this Regulation, the power to adopt acts, in accordance with Article 290 of the Treaty on the Functioning of the European Union, should be delegated to the Commission in respect of the items to be entered in the register or in respect of determining the relevant existing standards or to identify use cases of standards or parts thereof for which the Commission establishes that there are no significant difficulties or inefficiencies in licensing on FRAND terms. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making44 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. __________________ 44 OJ L 123, 12.5.2016, p. 1.
Amendment 228 #
2023/0133(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point b a (new)
Article 8 – paragraph 1 – point b a (new)
(b a) any information on essentiality check or peer evaluation performed before the registration of the standard essential patent as described under Article 4(4)(c).
Amendment 229 #
2023/0133(COD)
Proposal for a regulation
Article 9
Article 9
Amendment 230 #
2023/0133(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) In order to ensure uniform conditions for the implementation of the relevant provisions of this Regulation, implementing powers should be conferred on the Commission to adopt the detailed requirements for the selection of evaluators and conciliators, as well as adopt the rules of procedure and Code of Conduct for evaluators and conciliators. The Commission should also adopt the technical rules for the selection of a sample of SEPs for essentiality checks and the methodology for the conduct of such essentiality checks by evaluators and peer evaluators. The Commission should also determine any administrative fees for its services in relation to the tasks under this Regulation and fees for the services evaluators, experts and conciliators, derogations thereof and payment methods and adapt them as necessary. The Commission should also determine the standards or parts thereof that have been published before the entry into force of this Regulation, for which SEPs can be registered. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.45 __________________ 45 Regulation (EU) No 182/2011 of the European Parliament and of the Council laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13.)
Amendment 232 #
2023/0133(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) Regulation (EU) 2017/1001 of the European Parliament and of the Council46 should be amended to empower EUIPO to take on the tasks under this Regulation. The functions of the Executive Director should also be expanded to include the powers conferred on him under this Regulation. Furthermore, the EUIPO’s arbitration and mediation centre should be empowered to set up processes such as the aggregate royalty determination and the FRAND determination. __________________ 46 Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark (OJ L 154, 16.6.2017, p. 1.)
Amendment 235 #
2023/0133(COD)
Proposal for a regulation
Article 11
Article 11
Amendment 237 #
2023/0133(COD)
Proposal for a regulation
Article 1 – paragraph 2 – introductory part
Article 1 – paragraph 2 – introductory part
2. This Regulation shall apply to patents are in force in one or more Member States and that are essential to a standard that has been published by a standard development organisation, to which the SEP holder has made a commitment to license its SEPs on fair, reasonable and non-discriminatory (FRAND) terms and conditions and that is not subject to a royalty-free intellectual property policy,
Amendment 242 #
2023/0133(COD)
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Article 13a Duty of good faith SEP holders and implementers must behave in good faith, before, during and after licenses negotiations. SEP implementers who use standardized technology must proactively seek to take a license from the SEP holder who owns the technology they use.
Amendment 243 #
2023/0133(COD)
Proposal for a regulation
Article 14 – paragraph 1 – introductory part
Article 14 – paragraph 1 – introductory part
1. Holders of a patent in force in one or more Member States which is essential to a standard for which FRAND commitments have been made shall notify to the competence centre, where possible through the standard development organisation or through a joint notification, the following informationStandard development organisations shall notify to the competence centre:
Amendment 243 #
2023/0133(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point a
Article 1 – paragraph 2 – point a
(a) 3 years after the entry into forceapplication of this Regulation, with the exceptions provided in paragraph 3;
Amendment 244 #
2023/0133(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point d
Article 14 – paragraph 1 – point d
Amendment 245 #
2023/0133(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Such notification shall be made within 30 day6 months of the publication of the latest technical specification.
Amendment 245 #
2023/0133(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
Amendment 247 #
2023/0133(COD)
Proposal for a regulation
Article 15
Article 15
Amendment 251 #
2023/0133(COD)
Proposal for a regulation
Article 16
Article 16
Amendment 252 #
2023/0133(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
Amendment 254 #
2023/0133(COD)
Proposal for a regulation
Article 17
Article 17
Amendment 257 #
2023/0133(COD)
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
4. Where there is sufficient evidence that, as regards identified use cases of certain standards or parts thereof, SEP licensing negotiations on FRAND terms do not give rise to significant difficulties or inefficiencies affecting the functioning of the internal market, the Commission shall, after an appropriate consultation process, by means of a delegated act pursuant to Article 67, establish a list ofbring such use cases, standards or parts thereof, for the purposes of paragraph 3within the scope of the Regulation.
Amendment 259 #
2023/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) ‘essential to a standard’ means that the patent contains at least one claim for which it is not possible on technical grounds to make or use an implementation or method which compliesfully with a standard, including options therein, without infringing the patent under the current state of the art and normal technical practice;
Amendment 263 #
2023/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
Amendment 264 #
Amendment 265 #
2023/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 11
Article 2 – paragraph 1 – point 11
Amendment 275 #
2023/0133(COD)
Proposal for a regulation
Article 19 – paragraph 1 – introductory part
Article 19 – paragraph 1 – introductory part
1. The competence centre shall create an entry in the register for a standard for which FRAND commitments have been made within 60 days from the earliest of the following events:part thereof or use case in a delegated act pursuant to Article 66 within 60 days from the coming into effect of the delegated act concerned.
Amendment 276 #
2023/0133(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point a
Article 19 – paragraph 1 – point a
Amendment 277 #
2023/0133(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point b
Article 19 – paragraph 1 – point b
Amendment 278 #
2023/0133(COD)
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
Amendment 281 #
2023/0133(COD)
Proposal for a regulation
Article 22 – paragraph 5
Article 22 – paragraph 5
Amendment 282 #
2023/0133(COD)
Proposal for a regulation
Article 23 – paragraph 5
Article 23 – paragraph 5
Amendment 283 #
2023/0133(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point f
Article 3 – paragraph 2 – point f
Amendment 284 #
2023/0133(COD)
Proposal for a regulation
Article 23 – paragraph 6
Article 23 – paragraph 6
Amendment 286 #
2023/0133(COD)
Proposal for a regulation
Article 24
Article 24
Amendment 293 #
2023/0133(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point c
Article 4 – paragraph 3 – point c
(c) the standard version, the technical specification and the specifican illustrative sections of the technical specification for which the patent is considered essential;
Amendment 294 #
2023/0133(COD)
Proposal for a regulation
Article 26 – paragraph 2 – introductory part
Article 26 – paragraph 2 – introductory part
2. A conciliator shall conduct the following tasks:
Amendment 298 #
2023/0133(COD)
Proposal for a regulation
Article 26 – paragraph 2 – point a
Article 26 – paragraph 2 – point a
Amendment 299 #
2023/0133(COD)
Proposal for a regulation
Article 4 – paragraph 4 – point c
Article 4 – paragraph 4 – point c
(c) Any information on whether an essentiality check or peer evaluation have been performed and reference toperformed before the registration and the result of the resultsentiality check;
Amendment 301 #
2023/0133(COD)
Proposal for a regulation
Article 26 – paragraph 2 – point b
Article 26 – paragraph 2 – point b
Amendment 303 #
2023/0133(COD)
Proposal for a regulation
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4a. Prior to registering their patents, SEP holders may voluntarily submit their SEPs for essentiality checking to the Competence Centre.
Amendment 305 #
2023/0133(COD)
Proposal for a regulation
Article 26 – paragraph 4 a (new)
Article 26 – paragraph 4 a (new)
4 a. When setting up and managing the roster of experts pursuant to Article 3(b), the competence centre shall comply with the following requirements: (a) before appointing an expert, the competence centre shall carry out a thorough evaluation of past affiliations in order to identify any potential conflicts of interest; (b) The competence centre shall ensure that every individual appointed to the roster has the necessary skills to perform the required tasks. In particular, the experts shall have the following qualifications at minimum: - qualification as a European Patent Attorney according to the requirements set out by EPI, including the European qualification examination; - substantial experience of at least 10 years in the patent industry and dispute resolution in Europe; - demonstrated understanding of FRAND commitments and thorough knowledge of standards development organisations; - solid technical background in relevant technology fields (telecommunications, electronics).
Amendment 305 #
2023/0133(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point b
Article 5 – paragraph 2 – point b
Amendment 308 #
2023/0133(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point d
Article 5 – paragraph 2 – point d
(d) information regarding known products, processes, services or systems and implementations as well as projected pricing, anticipated sales volume, and any other relevant market data pursuant to Article 7, first paragraph, point (b);
Amendment 311 #
2023/0133(COD)
Proposal for a regulation
Article 26 – paragraph 5 – introductory part
Article 26 – paragraph 5 – introductory part
5. By [OJ: please insert the date = 18 months from entry into force of this regulation], the Commission shall by means of an implementing act adopted in accordance with the examination procedure referred to in Article 68(2), lay down the practical and operational arrangements concerning:
Amendment 312 #
2023/0133(COD)
Proposal for a regulation
Article 26 – paragraph 5 – point a
Article 26 – paragraph 5 – point a
Amendment 316 #
2023/0133(COD)
Proposal for a regulation
Article 26 – paragraph 5 – point b
Article 26 – paragraph 5 – point b
(b) the procedures pursuant to Articles 17, 18, 31 and 32 and Title VI.
Amendment 317 #
2023/0133(COD)
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. The competence centre shall conduct a procedure of selecting candidates based on the requirements established in the implementing act referred to in Article 26(5).
Amendment 317 #
2023/0133(COD)
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. The following information in the database shall publicly accessible: a list of “unwilling licensees” containing the organizations which have been proven to be engaging in “hold-out” behaviour, either in litigation processes or by refusing to engage with the FRAND determination process, pursuant to Article 46.
Amendment 320 #
2023/0133(COD)
Proposal for a regulation
Article 27 – paragraph 3
Article 27 – paragraph 3
Amendment 321 #
2023/0133(COD)
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. Essentiality checks shall not be done on more than one SEP from the respective patent family and shall not be performed over standard essential patents that have been subjected to an essentiality check in accordance with article 4 (4) (c) or 4a.
Amendment 325 #
2023/0133(COD)
Proposal for a regulation
Article 29 – paragraph 5
Article 29 – paragraph 5
Amendment 325 #
2023/0133(COD)
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
A SEP holdimplementer shall provide to the competence centre the following information:
Amendment 326 #
2023/0133(COD)
Proposal for a regulation
Article 29 – paragraph 6
Article 29 – paragraph 6
Amendment 327 #
2023/0133(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) information as regards the products, processes, services or systems in which the subject-matter of the SEP may be incorporated or to which it is intended to be applied, for all existing or potential implementations of a standard as well as projected pricing, anticipated sales volume, and any other relevant market data, to the extent such information is known to the SEP holderimplementer of a SEP.
Amendment 328 #
2023/0133(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
Amendment 330 #
2023/0133(COD)
Proposal for a regulation
Article 34 – paragraph 1 – introductory part
Article 34 – paragraph 1 – introductory part
1. The FRAND determination in respect of a standard and implementation for which an entry in the register has been created, shall be initiatedmay be initiated at any time 6 months after SEP holder and implementer have entered into licensing negotiations by any of the following persons:
Amendment 331 #
2023/0133(COD)
Proposal for a regulation
Article 34 – paragraph 1 – point b a (new)
Article 34 – paragraph 1 – point b a (new)
(b a) the FRAND determination shall not apply to existing licensing agreement during their term and their renewal.
Amendment 332 #
2023/0133(COD)
Proposal for a regulation
Article 34 – paragraph 3
Article 34 – paragraph 3
3. The FRAND determination may be initiated by a party or entered into by the parties to resolve disputes related to FRAND terms and conditions voluntarily only insofar that the parties entered into licensing negotiations since at least 6 months.
Amendment 334 #
2023/0133(COD)
Proposal for a regulation
Article 34 – paragraph 4
Article 34 – paragraph 4
4. The obligation to initiate FRAND determination pursuant to paragraph 1 prior to the court proceedings is without prejudice to the possibility for either party to request, pending the FRAND determination, the competent court of a Member State to issue a provisional injunction of a financial nature against the alleged infringer. The provisional injunction shall exclude the seizure of property of the alleged infringer and the seizure or delivery up of the products suspected of infringing a SEP. Where national law provides that the provisional injunction of a financial nature can only be requested where a case is pending on the merits, either party may bring a case on the merits before the competent court of a Member State for that purpose. However, the parties shall request the competent court of a Member State to suspend the proceedings on the merits for the duration of the FRAND determination. In deciding whether to grant the provisional injunction, the competent court of a Member States shall consider that a procedure for FRAND determination is ongoing.
Amendment 334 #
2023/0133(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) any essentiality check prior to [OJ: please insert the date = 24 months from entry into force of this regulation] by an independent evaluator in the context of a pool, identifying the SEP registration number, the identity of the patent pool and its administrator, and the evaluator.
Amendment 338 #
2023/0133(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point b a (new)
Article 8 – paragraph 1 – point b a (new)
(ba) any information on essentiality check or peer evaluation performed before the registration of the standard essential patent as described under Article 4(4)(c).
Amendment 339 #
2023/0133(COD)
Proposal for a regulation
Article 9
Article 9
Amendment 340 #
2023/0133(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
Amendment 345 #
2023/0133(COD)
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
2. The responding party shall notify the competence centre within 15 days from the receipt of the notification of the request for FRAND determination from the competence centre in accordance with paragraph (1). The response shall indicate whether the responding party agrees to the FRAND determination and whether it commits to comply with its outcome.
Amendment 349 #
2023/0133(COD)
Proposal for a regulation
Article 38 – paragraph 3 – point a
Article 38 – paragraph 3 – point a
Amendment 351 #
2023/0133(COD)
Proposal for a regulation
Article 11
Article 11
Amendment 352 #
2023/0133(COD)
Proposal for a regulation
Article 38 – paragraph 3 – point b
Article 38 – paragraph 3 – point b
Amendment 356 #
2023/0133(COD)
Proposal for a regulation
Article 38 – paragraph 3 – point c
Article 38 – paragraph 3 – point c
(c) where the requesting party fails to request, within the time limit referred to in subparagraph (a), the continuation of the FRAND determination, the competence centre shall terminate the FRAND determination.
Amendment 359 #
2023/0133(COD)
Proposal for a regulation
Article 38 – paragraph 4 – introductory part
Article 38 – paragraph 4 – introductory part
4. Where the responding party agrees to the FRAND determination and commits to comply with its outcome pursuant to paragraph (2), including where such commitment is contingent upon the commitment of the requesting party to comply with the outcome of the FRAND determination, the following shall apply:shall continue and upon mutual agreement the outcome may be binding for both parties.
Amendment 360 #
2023/0133(COD)
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Article13a Duty of good faith SEP holders and implementers must behave in good faith, before, during and after licenses negotiations. SEP implementers who use standardized technology must proactively seek to take a license from the SEP holder who owns the technology they use.
Amendment 362 #
2023/0133(COD)
Proposal for a regulation
Article 14 – paragraph 1 – introductory part
Article 14 – paragraph 1 – introductory part
1. Holders of a patent in force in one or more Member States which is essential to a standard for which FRAND commitments have been made shall notify to the competence centre, where possible through the standard development organisation or through a joint notification, the following information:Standard development organisations shall notify to the competence centre,
Amendment 363 #
2023/0133(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point d
Article 14 – paragraph 1 – point d
Amendment 364 #
2023/0133(COD)
Proposal for a regulation
Article 38 – paragraph 4 – point a
Article 38 – paragraph 4 – point a
(a) the competence centre shall notify the requesting party thereof and request to inform the competence centre within seven days whether it also commits to comply with the outcome of the FRAND determination. In case of acceptance of the commitment by the requesting party, the FRAND determination shall continue and the outcome shall be binding for both parties;
Amendment 365 #
2023/0133(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Such notification shall be made within 30 day6 months of the publication of the latest technical specification.
Amendment 368 #
2023/0133(COD)
Proposal for a regulation
Article 38 – paragraph 4 – point b
Article 38 – paragraph 4 – point b
Amendment 369 #
2023/0133(COD)
Proposal for a regulation
Article 15
Article 15
Amendment 370 #
2023/0133(COD)
Proposal for a regulation
Article 38 – paragraph 4 – point c
Article 38 – paragraph 4 – point c
Amendment 373 #
2023/0133(COD)
Proposal for a regulation
Article 38 – paragraph 4 – point d
Article 38 – paragraph 4 – point d
Amendment 375 #
2023/0133(COD)
Proposal for a regulation
Article 16
Article 16
Amendment 377 #
2023/0133(COD)
Proposal for a regulation
Article 38 – paragraph 5
Article 38 – paragraph 5
Amendment 379 #
2023/0133(COD)
Proposal for a regulation
Article 17
Article 17
Amendment 381 #
2023/0133(COD)
Proposal for a regulation
Article 38 – paragraph 6
Article 38 – paragraph 6
6. The FRAND determination shall concern a global SEP licence, unless otherwise specified by the parties in case both parties agree to the FRAND determination or by the party that requested the continuation of the FRAND determination. in force in one or more Member States, unless otherwise specified by the parties, SMEs that are parties to the FRAND determination may request to limit the territorial scope of the FRAND determination.
Amendment 384 #
2023/0133(COD)
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
1. Following the reply to the FRAND determination by the responding party in accordance with Article 38(2), or the request to continue in accordance with Article 38(5), the competence centre shall propose at least 3 candidates for the FRAND determination from the roster of conciliators referred to Article 27(2). The parties or party shall select one of the proposed candidates as a conciliator for the FRAND determination.
Amendment 388 #
Amendment 389 #
2023/0133(COD)
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
2. If the parties do not agree on a conciliator, the competence centre shall select one candidate from the roster of conciliators referred to in Article 27(2)procedure will not continue.
Amendment 390 #
2023/0133(COD)
Proposal for a regulation
Article 42 – paragraph 2
Article 42 – paragraph 2
2. He/she shall communicate to the parties or the party requesting the continuation of the FRAND determination the conduct as well as the schedule of procedure.
Amendment 392 #
2023/0133(COD)
Proposal for a regulation
Article 44 – paragraph 1
Article 44 – paragraph 1
1. A party may submit an objection stating that the conciliator is unable to make a FRAND determination on legal grounds, such as a previous binding FRAND determination or agreement between the parties, no later than in the first written submission at any time. The other party shall be given opportunity to submit its observations.
Amendment 397 #
2023/0133(COD)
Proposal for a regulation
Article 45 – paragraph 2
Article 45 – paragraph 2
2. The conciliator may invite the parties or the party requesting the continuation of the FRAND determination to meet with him/her or may communicate with him/her orally or in writing.
Amendment 400 #
2023/0133(COD)
Proposal for a regulation
Article 45 – paragraph 3
Article 45 – paragraph 3
3. The parties or the party requesting the continuation of the FRAND determination shall cooperate in good faith with the conciliator and, in particular, shall attend the meetings, comply with his/her requests to submit all relevant documents, information and explanations as well as use the means at their disposal to enable the conciliator to hear witnesses and experts whom the conciliator might call.
Amendment 404 #
2023/0133(COD)
Proposal for a regulation
Article 45 – paragraph 4
Article 45 – paragraph 4
Amendment 407 #
2023/0133(COD)
Proposal for a regulation
Article 45 – paragraph 5
Article 45 – paragraph 5
5. At any stage of the procedure upon request by both parties, or the party requesting the continuation of the FRAND determination, as applicable, the conciliator shall terminate the FRAND determination.
Amendment 411 #
2023/0133(COD)
Proposal for a regulation
Article 46 – paragraph 1 – point b
Article 46 – paragraph 1 – point b
Amendment 415 #
2023/0133(COD)
Proposal for a regulation
Article 46 – paragraph 2 a (new)
Article 46 – paragraph 2 a (new)
2 a. If an implementer party to the FRAND determination: (a) refuses to participate or withdraw from the FRAND determination at any stage of the procedure or (b) do not commit to or withdraw its commitment to comply with its outcome, then the conciliator shall inform the competence centre and such implementer shall be added to a public list of “unwilling licensees” by the competence centre. Any final court decision relating to the alleged infringement by the “unwilling licensee” shall be published in the competence centre database.
Amendment 418 #
2023/0133(COD)
Proposal for a regulation
Article 19 – paragraph 1 – introductory part
Article 19 – paragraph 1 – introductory part
1. The competence centre shall create an entry in the register for a standard for which FRAND commitments have been made within 60 days from the earliest of the following events:part thereof or use case in a delegated act pursuant to Article 66 within 60 days from the coming into effect of the delegated act concerned.
Amendment 419 #
2023/0133(COD)
Proposal for a regulation
Article 46 – paragraph 3
Article 46 – paragraph 3
Amendment 420 #
2023/0133(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point a
Article 19 – paragraph 1 – point a
Amendment 422 #
2023/0133(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point b
Article 19 – paragraph 1 – point b
Amendment 424 #
2023/0133(COD)
Proposal for a regulation
Article 50 – paragraph 3
Article 50 – paragraph 3
3. When submitting suggestions for FRAND terms and conditions, the conciliator shall take into account the impact of the determination FRAND terms and conditions on the value chain and on the incentives to innovation of both the SEP holder and the stakeholders in the relevant value chain. To that end, the conciliator may rely on the expert opinion referred to in Article 18 or, in case of absence of such an opinion request additional information and hear experts or stakeholders.
Amendment 427 #
2023/0133(COD)
Proposal for a regulation
Article 55 – paragraph 1
Article 55 – paragraph 1
1. At the latest 45 days before the end of the time limit referred to in Article 37, the conciliator shall submit a reasoned proposal for a determination of FRAND terms and conditions to the parties or, as applicable, the party requesting the continuation of the FRAND determination.
Amendment 430 #
2023/0133(COD)
Proposal for a regulation
Article 55 – paragraph 2
Article 55 – paragraph 2
2. Either party may submit observations to the proposal and suggest amendments to the proposal by the conciliator, who may reformulate its proposal to take into account the observations submitted by the parties and shall inform the parties or the party requesting the continuation of the FRAND determination, as applicable, of such reformulation.
Amendment 430 #
2023/0133(COD)
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
Amendment 433 #
2023/0133(COD)
Proposal for a regulation
Article 22 – paragraph 5
Article 22 – paragraph 5
Amendment 434 #
2023/0133(COD)
Proposal for a regulation
Article 56 – paragraph 1 – introductory part
Article 56 – paragraph 1 – introductory part
1. In addition to the termination of the FRAND determination for reasons provided for Article 38(43), Article 44(3), Article 45(54), Article 46(2), point (b), Article 46(3) and Article 47(2), the FRAND determination shall be terminated in any of the following ways:
Amendment 436 #
2023/0133(COD)
Proposal for a regulation
Article 56 – paragraph 1 – point d a (new)
Article 56 – paragraph 1 – point d a (new)
(d a) a binding FRAND determination agreed between the parties pursuant to Article 38(4) shall terminate when the conciliator makes its final reasoned proposal under Article 55.
Amendment 438 #
2023/0133(COD)
Proposal for a regulation
Article 23 – paragraph 5
Article 23 – paragraph 5
Amendment 440 #
2023/0133(COD)
Proposal for a regulation
Article 56 – paragraph 4
Article 56 – paragraph 4
4. AIn any claim involving an SME as defendant, a competent court of a Member State, asked to decide on determination of FRAND terms and conditions, including in abuse of dominance cases among private parties, or SEP infringement claim concerning a SEP in force in one or more Member States subject to the FRAND determination shall not proceed with the examination of the merits of that claim, unless it has been served with a notice of termination of the FRAND determination, or, in the cases foreseen in Article 38(3)(b) and Article 38(4)(c), with a notice of commitment pursuant to Article 38(5). In all other cases a court may proceed in parallel with any FRAND determination.
Amendment 440 #
2023/0133(COD)
Proposal for a regulation
Article 23 – paragraph 6
Article 23 – paragraph 6
Amendment 442 #
2023/0133(COD)
Proposal for a regulation
Article 56 – paragraph 5
Article 56 – paragraph 5
Amendment 444 #
2023/0133(COD)
Proposal for a regulation
Article 24
Article 24
Amendment 446 #
2023/0133(COD)
Proposal for a regulation
Article 61 – paragraph 1
Article 61 – paragraph 1
1. The competence centre shall develop an SME SEP licensing Assistance Hub. In particular the competence centre shall offer training and support on SEP related matters for micro, small and medium-size enterprises free of charge. In particular, the competence centre shall work in close collaboration with the European Commission, national patent office and governmental schemes that support SMEs, in order to offer practical guidance and advice to SMEs, whether these are SEP holders or implementers.
Amendment 448 #
2023/0133(COD)
Proposal for a regulation
Article 61 – paragraph 2
Article 61 – paragraph 2
2. The competence centre may commission studies, if it considers it necessary, to assist micro, small and medium-size enterprises on SEP related matters. Such studies may include requiring SEP holders and implementers to provide information regarding licenses entered into, royalties paid or collected, and products sold for IoT applications, and the competence centre may provide estimates of licensing costs for such applications to SMEs.
Amendment 449 #
2023/0133(COD)
Proposal for a regulation
Article 61 – paragraph 2 a (new)
Article 61 – paragraph 2 a (new)
2 a. The competence centre shall require each SEP holder with a registered SEP to report annually: (a) all license agreements concluded with SMEs; (b) all SMEs that sent it unsolicited requests it for an SEP license; and (c) all SMEs to which it specifically directed a request to take an SEP license. The competence centre shall publish an annual report on SME SEP licensing based on such reports.
Amendment 450 #
2023/0133(COD)
Proposal for a regulation
Article 61 – paragraph 2 b (new)
Article 61 – paragraph 2 b (new)
2 b. The competence centre shall invite SEP holders with a registered SEP to identify an employee to the competence centre, known as an “SME Ambassador,” to whom the competence centre may direct inquiries under paragraph (1), paragraph (2), or paragraph (3). SEP holders may identify an SME Ambassador on a voluntary basis.
Amendment 453 #
2023/0133(COD)
Proposal for a regulation
Article 61 – paragraph 3 a (new)
Article 61 – paragraph 3 a (new)
3 a. The EUIPO shall ensure that this function is sufficiently funded and resourced.
Amendment 454 #
2023/0133(COD)
Proposal for a regulation
Article 61 a (new)
Article 61 a (new)
Article 61a Safe harbours and ADR for micro, small and medium-sized enterprises 1. The competence centre shall seek to sign an agreement with the World Intellectual Property Organization (WIPO) to promote the use of the WIPO Arbitration and Mediation Centre for SEP disputes involving SMEs in the EU and to exchange information. 2. The competence centre shall offer SMEs the opportunity to register their willingness to engage in mediation under the WIPO rules for SEP-related disputes. If an SME has registered such willingness and has not revoked it, then an SEP Holder shall not commence an action to enforce an SEP against such SME in a national court without first initiating mediation proceedings under the WIPO rules. 3. The competence center shall offer SMEs the opportunity to make an irrevocable commitment to accept a license on FRAND terms and conditions from any SEP holder that has registered an SEP. A SEP holder that is the beneficiary of such a commitment may not initiate any action seeking an injunction in any court of a member state for an SEP covered by such commitment after such commitment is made. 4. The registration or willingness to mediate and commitment to accept FRAND terms in Paragraph (2) and Paragraph (3) are purely voluntary and no adverse inference may be drawn by any court of a member state arising from a failure to register or make a commitment under those paragraphs.
Amendment 459 #
2023/0133(COD)
Proposal for a regulation
Article 63 – paragraph 2 – point a
Article 63 – paragraph 2 – point a
Amendment 462 #
2023/0133(COD)
Proposal for a regulation
Article 63 – paragraph 2 – point b
Article 63 – paragraph 2 – point b
Amendment 464 #
2023/0133(COD)
Proposal for a regulation
Article 63 – paragraph 3 – point a
Article 63 – paragraph 3 – point a
Amendment 466 #
2023/0133(COD)
Proposal for a regulation
Article 63 – paragraph 3 – point b
Article 63 – paragraph 3 – point b
Amendment 466 #
2023/0133(COD)
Proposal for a regulation
Article 26 – paragraph 2 – introductory part
Article 26 – paragraph 2 – introductory part
2. A conciliator shall conduct the following tasks:
Amendment 469 #
2023/0133(COD)
Proposal for a regulation
Article 26 – paragraph 2 – point a
Article 26 – paragraph 2 – point a
Amendment 470 #
2023/0133(COD)
Proposal for a regulation
Article 64 – paragraph 2
Article 64 – paragraph 2
2. If the amounts requested are not paid in full within 10 days after the date of the request, the competence centre may notify the defaulting party and give it the opportunity to make the required payment within [5] days. It shall submit a copy of the request to the other party, in case of an aggregate royalty or FRAND determination.
Amendment 470 #
2023/0133(COD)
Proposal for a regulation
Article 26 – paragraph 2 – point a
Article 26 – paragraph 2 – point a
(a) mediate among parties in establishing an aggregate royalty;
Amendment 472 #
2023/0133(COD)
Proposal for a regulation
Article 26 – paragraph 2 – point b
Article 26 – paragraph 2 – point b
Amendment 474 #
2023/0133(COD)
Proposal for a regulation
Article 66
Article 66
Amendment 480 #
2023/0133(COD)
Proposal for a regulation
Article 26 – paragraph 4 a (new)
Article 26 – paragraph 4 a (new)
4a. When setting up and managing the roster of experts pursuant to Article 3(b), the Competence Centre shall comply with the following requirements: (a) Before appointing an expert, the Competence Centre shall carry out a thorough evaluation of past affiliations in order to identify any potential conflicts of interest. (c) The Competence Centre shall ensure that every individual appointed to the roster has the necessary skills to perform the required tasks. In particular, the experts shall have the following qualifications at minimum: - Qualification as a European Patent Attorney according to the requirements set out by EPI, including the European qualification examination. - Substantial experience of at least 10 years in the patent industry and dispute resolution in Europe. - Demonstrated understanding of FRAND commitments and thorough knowledge of standards development organisations. - Solid technical background in relevant technology fields (telecommunications, electronics).
Amendment 482 #
2023/0133(COD)
Proposal for a regulation
Article 26 – paragraph 5 – introductory part
Article 26 – paragraph 5 – introductory part
5. By [OJ: please insert the date = 18 months from entry into force of this regulation], the Commission shall by means of an implementing act adopted in accordance with the examination procedure referred to in Article 68(2), lay down the practical and operational arrangements concerning:
Amendment 484 #
2023/0133(COD)
Proposal for a regulation
Article 26 – paragraph 5 – point a
Article 26 – paragraph 5 – point a
Amendment 487 #
2023/0133(COD)
Proposal for a regulation
Article 67 a (new)
Article 67 a (new)
Article 67a Delegated act procedure to bring standard and use cases within the scope of the Regulation Where and when the functioning of the internal market is severely distorted due to inefficiencies in the licensing of SEPs, the Commission shall, after an appropriate consultation process, by means of a delegated act pursuant to Article 67, determine which standards published after the coming into effect of this Regulation, parts thereof or relevant use cases shall be brought within the scope of the Regulation.
Amendment 490 #
2023/0133(COD)
Proposal for a regulation
Article 26 – paragraph 5 – point b
Article 26 – paragraph 5 – point b
(b) the procedures pursuant to Articles 17, 18, 31 and 32 and Title VI.
Amendment 491 #
2023/0133(COD)
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. The competence centre shall conduct a procedure of selecting candidates based on the requirements established in the implementing act referred to in Article 26(5).
Amendment 496 #
2023/0133(COD)
Proposal for a regulation
Article 27 – paragraph 3
Article 27 – paragraph 3
Amendment 505 #
2023/0133(COD)
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. Essentiality checks shall not be done on more than one SEP from the respective patent family. and shall not be performed over standard essential patents that have been subjected to an essentiality check in accordance with article 4 (4) (c) or 4a
Amendment 513 #
2023/0133(COD)
Proposal for a regulation
Article 29 – paragraph 5
Article 29 – paragraph 5
Amendment 514 #
2023/0133(COD)
Proposal for a regulation
Article 29 – paragraph 6
Article 29 – paragraph 6
Amendment 532 #
2023/0133(COD)
Proposal for a regulation
Article 34 – paragraph 1 – introductory part
Article 34 – paragraph 1 – introductory part
1. The FRAND determination in respect of a standard and implementation for which an entry in the register has been created, shall be initiatedmay be initiated at any time 6 months after SEP holder and implementer have entered into licensing negotiations by any of the following persons:
Amendment 535 #
2023/0133(COD)
Proposal for a regulation
Article 34 – paragraph 1 – point b a (new)
Article 34 – paragraph 1 – point b a (new)
(ba) The FRAND determination shall not apply to existing licensing agreement during their term and their renewal.
Amendment 536 #
2023/0133(COD)
Proposal for a regulation
Article 34 – paragraph 3
Article 34 – paragraph 3
Amendment 538 #
2023/0133(COD)
Proposal for a regulation
Article 34 – paragraph 4
Article 34 – paragraph 4
4. The obligation to initiate FRAND determination pursuant to paragraph 1 prior to the court proceedings is without prejudice to the possibility for either party to request, pending the FRAND determination, the competent court of a Member State to issue a provisional injunction of a financial nature against the alleged infringer. The provisional injunction shall exclude the seizure of property of the alleged infringer and the seizure or delivery up of the products suspected of infringing a SEP. Where national law provides that the provisional injunction of a financial nature can only be requested where a case is pending on the merits, either party may bring a case on the merits before the competent court of a Member State for that purpose. However, the parties shall request the competent court of a Member State to suspend the proceedings on the merits for the duration of the FRAND determination. In deciding whether to grant the provisional injunction, the competent court of a Member States shall consider that a procedure for FRAND determination is ongoing.
Amendment 553 #
2023/0133(COD)
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
2. The responding party shall notify the competence centre within 15 days from the receipt of the notification of the request for FRAND determination from the competence centre in accordance with paragraph (1). The response shall indicate whether the responding party agrees to the FRAND determination and whether it commits to comply with its outcome.
Amendment 559 #
2023/0133(COD)
Proposal for a regulation
Article 38 – paragraph 3 – point a
Article 38 – paragraph 3 – point a
Amendment 564 #
2023/0133(COD)
Proposal for a regulation
Article 38 – paragraph 3 – point b
Article 38 – paragraph 3 – point b
Amendment 569 #
2023/0133(COD)
Proposal for a regulation
Article 38 – paragraph 3 – point c
Article 38 – paragraph 3 – point c
(c) where the requesting party fails to request, within the time limit referred to in subparagraph (a), the continuation of the FRAND determination, the competence centre shall terminate the FRAND determination.
Amendment 570 #
2023/0133(COD)
Proposal for a regulation
Article 38 – paragraph 3 – point c
Article 38 – paragraph 3 – point c
(c) where the requesting party fails to request, within the time limit referred to in subparagraph (a), the continuation of the FRAND determination, the competence centre shall terminate the FRAND determination.
Amendment 573 #
2023/0133(COD)
Proposal for a regulation
Article 38 – paragraph 4 – introductory part
Article 38 – paragraph 4 – introductory part
4. Where the responding party agrees to the FRAND determination and commits to comply with its outcome pursuant to paragraph (2), including where such commitment is contingent upon the commitment of the requesting party to comply with the outcome of the FRAND determination, the following shall apply:shall continue and upon mutual agreement the outcome may be binding for both parties.
Amendment 576 #
2023/0133(COD)
Proposal for a regulation
Article 38 – paragraph 4 – point a
Article 38 – paragraph 4 – point a
(a) the competence centre shall notify the requesting party thereof and request to inform the competence centre within seven days whether it also commits to comply with the outcome of the FRAND determination. In case of acceptance of the commitment by the requesting party, the FRAND determination shall continue and the outcome shall be binding for both parties;
Amendment 579 #
2023/0133(COD)
Proposal for a regulation
Article 38 – paragraph 4 – point b
Article 38 – paragraph 4 – point b
Amendment 584 #
2023/0133(COD)
Proposal for a regulation
Article 38 – paragraph 4 – point c
Article 38 – paragraph 4 – point c
Amendment 585 #
2023/0133(COD)
Proposal for a regulation
Article 38 – paragraph 4 – point d
Article 38 – paragraph 4 – point d
Amendment 588 #
2023/0133(COD)
Proposal for a regulation
Article 38 – paragraph 5
Article 38 – paragraph 5
Amendment 593 #
2023/0133(COD)
Proposal for a regulation
Article 38 – paragraph 6
Article 38 – paragraph 6
6. The FRAND determination shall concern a global SEP licence, unless otherwise specified by the parties in case both parties agree to the FRAND determination or by the party that requested the continuation of the FRAND determination. in force in one or more Member States, unless otherwise specified by the parties, SMEs that are parties to the FRAND determination may request to limit the territorial scope of the FRAND determination.
Amendment 598 #
2023/0133(COD)
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
1. Following the reply to the FRAND determination by the responding party in accordance with Article 38(2), or the request to continue in accordance with Article 38(5), the competence centre shall propose at least 3 candidates for the FRAND determination from the roster of conciliators referred to Article 27(2). The parties or party shall select one of the proposed candidates as a conciliator for the FRAND determination.
Amendment 601 #
2023/0133(COD)
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
2. If the parties do not agree on a conciliator, the competence centre shall select one candidate from the roster of conciliators referred to in Article 27(2)procedure will not continue.
Amendment 609 #
2023/0133(COD)
Proposal for a regulation
Article 42 – paragraph 2
Article 42 – paragraph 2
2. He/she shall communicate to the parties or the party requesting the continuation of the FRAND determination the conduct as well as the schedule of procedure.
Amendment 616 #
2023/0133(COD)
Proposal for a regulation
Article 44 – paragraph 1
Article 44 – paragraph 1
1. A party may submit an objection stating that the conciliator is unable to make a FRAND determination on legal grounds, such as a previous binding FRAND determination or agreement between the parties, no later than in the first written submission at any time. The other party shall be given opportunity to submit its observations.
Amendment 624 #
2023/0133(COD)
Proposal for a regulation
Article 45 – paragraph 2
Article 45 – paragraph 2
2. The conciliator may invite the parties or the party requesting the continuation of the FRAND determination to meet with him/her or may communicate with him/her orally or in writing.
Amendment 627 #
2023/0133(COD)
Proposal for a regulation
Article 45 – paragraph 3
Article 45 – paragraph 3
3. The parties or the party requesting the continuation of the FRAND determination shall cooperate in good faith with the conciliator and, in particular, shall attend the meetings, comply with his/her requests to submit all relevant documents, information and explanations as well as use the means at their disposal to enable the conciliator to hear witnesses and experts whom the conciliator might call.
Amendment 631 #
2023/0133(COD)
Proposal for a regulation
Article 45 – paragraph 4
Article 45 – paragraph 4
Amendment 634 #
2023/0133(COD)
Proposal for a regulation
Article 45 – paragraph 5
Article 45 – paragraph 5
5. At any stage of the procedure upon request by both parties, or the party requesting the continuation of the FRAND determination, as applicable, the conciliator shall terminate the FRAND determination.
Amendment 639 #
2023/0133(COD)
Proposal for a regulation
Article 46 – paragraph 1 – point b
Article 46 – paragraph 1 – point b
Amendment 645 #
2023/0133(COD)
Proposal for a regulation
Article 46 – paragraph 2 a (new)
Article 46 – paragraph 2 a (new)
2a. If an implementer party to the FRAND determination: (a) refuses to participate or withdraw from the FRAND determination at any stage of the procedure or (b) do not commit to or withdraw its commitment to comply with its outcome, then the conciliator shall inform the Competence Center and such implementer shall be added to a public list of “unwilling licensees” by the Competence Centre. Any final court decision relating to the alleged infringement by the “unwilling licensee” shall be published in the Competence Centre database.
Amendment 647 #
2023/0133(COD)
Proposal for a regulation
Article 46 – paragraph 3
Article 46 – paragraph 3
Amendment 664 #
2023/0133(COD)
Proposal for a regulation
Article 50 – paragraph 3
Article 50 – paragraph 3
3. When submitting suggestions for FRAND terms and conditions, the conciliator shall take into account the impact of the determination FRAND terms and conditions on the value chain and on the incentives to innovation of both the SEP holder and the stakeholders in the relevant value chain. To that end, the conciliator may rely on the expert opinion referred to in Article 18 or, in case of absence of such an opinion request additional information and hear experts or stakeholders.
Amendment 684 #
2023/0133(COD)
Proposal for a regulation
Article 55 – paragraph 1
Article 55 – paragraph 1
1. At the latest 45 days before the end of the time limit referred to in Article 37, the conciliator shall submit a reasoned proposal for a determination of FRAND terms and conditions to the parties or, as applicable, the party requesting the continuation of the FRAND determination.
Amendment 688 #
2023/0133(COD)
Proposal for a regulation
Article 55 – paragraph 2
Article 55 – paragraph 2
2. Either party may submit observations to the proposal and suggest amendments to the proposal by the conciliator, who may reformulate its proposal to take into account the observations submitted by the parties and shall inform the parties or the party requesting the continuation of the FRAND determination, as applicable, of such reformulation.
Amendment 695 #
2023/0133(COD)
Proposal for a regulation
Article 56 – paragraph 1 – introductory part
Article 56 – paragraph 1 – introductory part
1. In addition to the termination of the FRAND determination for reasons provided for Article 38(43), Article 44(3), Article 45(54), Article 46(2), point (b), Article 46(3) and Article 47(2), the FRAND determination shall be terminated in any of the following ways:
Amendment 706 #
2023/0133(COD)
Proposal for a regulation
Article 56 – paragraph 1 – point d a (new)
Article 56 – paragraph 1 – point d a (new)
(da) (e) A binding FRAND determination agreed between the parties pursuant to Article 38(4) shall terminate when the conciliator makes its final reasoned proposal under Article 55.
Amendment 708 #
2023/0133(COD)
Proposal for a regulation
Article 56 – paragraph 4
Article 56 – paragraph 4
4. AIn any claim involving an SME as defendant, a competent court of a Member State, asked to decide on determination of FRAND terms and conditions, including in abuse of dominance cases among private parties, or SEP infringement claim concerning a SEP in force in one or more Member States subject to the FRAND determination shall not proceed with the examination of the merits of that claim, unless it has been served with a notice of termination of the FRAND determination, or, in the cases foreseen in Article 38(3)(b) and Article 38(4)(c), with a notice of commitment pursuant to Article 38(5). In all other cases a court may proceed in parallel with any FRAND determination.
Amendment 711 #
2023/0133(COD)
Proposal for a regulation
Article 56 – paragraph 5
Article 56 – paragraph 5
Amendment 727 #
2023/0133(COD)
Proposal for a regulation
Article 61 – paragraph 1
Article 61 – paragraph 1
1. The competence centre shall develop an SME SEP Licensing Assistance Hub. In particular: 1. The competence centre shall offer training and support on SEP related matters for micro, small and medium-size enterprises free of charge. In particular, the competence centre shall work in close collaboration with the European Commission, national patent office and governmental schemes that support SMEs, in order to offer practical guidance and advice to SMEs, whether these are SEP holders or implementers.
Amendment 730 #
2023/0133(COD)
Proposal for a regulation
Article 61 – paragraph 2
Article 61 – paragraph 2
2. The competence centre may commission studies, if it considers it necessary, to assist micro, small and medium-size enterprises on SEP related matters. Such studies may include requiring SEP holders and implementers to provide information regarding licenses entered into, royalties paid or collected, and products sold for IoT applications, and the competence center may provide estimates of licensing costs for such applications to SMEs. 3. The competence center shall require each SEP Holder with a Registered SEP to report annually: (a) all license agreements concluded with SMEs; (b) all SMEs that sent it unsolicited requests it for an SEP license; and (c) all SMEs to which it specifically directed a request to take an SEP license. The competence center shall publish an annual report on SME SEP Licensing based on such reports. 4. The competence centre shall invite SEP Holders with a Registered SEP to identify an employee to the competence center, known as an “SME Ambassador,” to whom the competence center may direct inquiries under paragraph (1), paragraph (2), or paragraph (3). SEP Holders may identify an SME Ambassador on a voluntary basis.
Amendment 732 #
2023/0133(COD)
Proposal for a regulation
Article 61 – paragraph 3 a (new)
Article 61 – paragraph 3 a (new)
3a. The EUIPO shall ensure that this function is sufficiently funded and resourced.
Amendment 733 #
2023/0133(COD)
Proposal for a regulation
Article 61 a (new)
Article 61 a (new)
Article 61a Safe harbors and ADR for micro, small and medium-sized enterprises 1. The competence centre shall seek to sign an agreement with the World Intellectual Property Organization (WIPO) to promote the use of the WIPO Arbitration and Mediation Centre for SEP disputes involving SMEs in the EU and to exchange information. 2. The competence center shall offer SMEs the opportunity to register their willingness to engage in mediation under the WIPO rules for SEP-related disputes. If an SME has registered such willingness and has not revoked it, then an SEP Holder shall not commence an action to enforce an SEP against such SME in a national court without first initiating mediation proceedings under the WIPO rules. 3. The competence center shall offer SMEs the opportunity to make an irrevocable commitment to accept a license on FRAND terms and conditions from any SEP holder that has registered an SEP. A SEP holder that is the beneficiary of such a commitment may not initiate any action seeking an injunction in any court of a member state for an SEP covered by such commitment after such commitment is made. 4. The registration or willingness to mediate and commitment to accept FRAND terms in Paragraph (2) and Paragraph (3) are purely voluntary and no adverse inference may be drawn by any court of a member state arising from a failure to register or make a commitment under those paragraphs.
Amendment 741 #
2023/0133(COD)
Proposal for a regulation
Article 63 – paragraph 2 – point a
Article 63 – paragraph 2 – point a
Amendment 742 #
2023/0133(COD)
Proposal for a regulation
Article 63 – paragraph 2 – point b
Article 63 – paragraph 2 – point b
Amendment 746 #
2023/0133(COD)
Proposal for a regulation
Article 63 – paragraph 3 – point a
Article 63 – paragraph 3 – point a
Amendment 748 #
2023/0133(COD)
Proposal for a regulation
Article 63 – paragraph 3 – point b
Article 63 – paragraph 3 – point b
Amendment 753 #
2023/0133(COD)
Proposal for a regulation
Article 64 – paragraph 2
Article 64 – paragraph 2
2. If the amounts requested are not paid in full within 10 days after the date of the request, the competence centre may notify the defaulting party and give it the opportunity to make the required payment within [5] days. It shall submit a copy of the request to the other party, in case of an aggregate royalty or FRAND determination.
Amendment 757 #
2023/0133(COD)
Proposal for a regulation
Article 66
Article 66
Amendment 762 #
2023/0133(COD)
Proposal for a regulation
Article 66 b (new)
Article 66 b (new)
Article66b Delegated act procedure to bring standard and use cases within the scope of the Regulation Where and when the functioning of the internal market is severely distorted due to inefficiencies in the licensing of SEPs, the Commission shall, after an appropriate consultation process, by means of a delegated act pursuant to Article 67, determine which standards published after the coming into effect of this Regulation, parts thereof or relevant use cases shall be brought within the scope of the Regulation.
Amendment 53 #
2023/0129(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Crises require the setting-up of exceptional, swift, and adequate measures able to provide means to address the consequences of the crisis without unnecessarily and disproportionally affecting citizens or businesses’ rights. In this context, the use of patented products or processes could prove indispensable to address the consequences of a crisis. Voluntary licensing agreements usually suffice to licence the patent rights on these products and allow their supply in the Union territory. Voluntary agreements are the most adequate, quick, and efficient solution to allow the use of patented products, including in crises. Nevertheless, voluntary agreements may not always be available or only under inadequate conditions such as lengthy delivery times. In such cases, compulsory licensing as a last resort can provide a solution to allow access to patented products, in particular products necessary to tackle the consequences of a crisis.
Amendment 56 #
2023/0129(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) In the context of the Union crisis or emergency mechanisms, the Union should therefore have the possibility to rely on compulsory licensing. The activation of a crisis or an emergency mode or the declaration of a crisis or a state of emergency addresses obstacles to free movement of goods, services, and persons in crises and shortages of crisis-relevant goods and services. In cases where access to crisis-relevant products and processes protected by a patent cannot be achieved through voluntary cooperation, compulsory licensing is a last resort mechanism that can help in lifting any patent- related barriers and thus ensure the supply of products or services needed to confront an ongoing crisis or emergency. It is therefore important that, in the context of said crisis mechanisms, the Union can rely on an efficient and effective compulsory licensing scheme at Union level, which is uniformly applicable within the Union. This would guarantee a functioning internal market, ensuring the supply and the free movement of crisis-critical products subject to compulsory licencing in the internal market.
Amendment 59 #
2023/0129(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) National compulsory licensing systems only operate within the national territory. They are designed to meet the needs of the population of the issuing Member State and to satisfy the public interest of that Member State. This limited territorial reach of a national compulsory licensing system is reinforced by the fact that there is no exhaustion of the patent right regarding products manufactured under a compulsory licence. Consequently, compulsory licensing schemes do not provide an adequate solution for cross- border manufacturing processes, and therefore there is no functioning internal market for product manufactured under a compulsory licence. Apart from the fact that the issuance of multiple national compulsory licences is a high hurdle for cross-border supply within the single market, it also bears the risk of contradicting and incoherent decisions among Member States. Consequently, the current compulsory licensing framework appears inadequate to address the realities of the internal market and its inherent cross-border supply chains. This suboptimal compulsory licensing framework prevents the Union from relying on an additional instrument when facing crises, in particular and when voluntary agreements are unavailable or inadequatand cannot be reached in a due time. At a time where the Union and its Member States are striving to improve their resilience to crises, it is necessary to provide for an optimal compulsory licensing system for crisis management that takes the full advantage of the internal market and allows Member States to support one another in crises.
Amendment 63 #
2023/0129(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) These mechanisms provide for the activation of an emergency or crisis mode and aim at providing the means to address Union emergencies. By allowing the Commission to grant a compulsory licence when a crisis or emergency mode has been activated by athe above mentioned Union legal acts, the necessary synergy between the existing crisis mechanisms and a Union wide compulsory licencing scheme is achieved. In such a case, the determination of the existence of a crisis or emergency depends solely on the Union legal act underlying the crisis mechanism and the crisis definition included therein. For the sake of legal certainty, the crisis mechanisms that qualify as Union emergency or extreme urgency measures and that can trigger a Union compulsory licence should be listed in an Annex to this Regulation.
Amendment 67 #
2023/0129(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) To ensure optimal efficiency of the Union compulsory licence as a tool to address crises, it should be made available in respect of a granted patent or utility model, of a published patent application or a supplementary protection certificate. The Union compulsory licence should equally apply to a national patents, European patents and European patents with unitary effect.
Amendment 69 #
2023/0129(COD)
Proposal for a regulation
Recital 12
Recital 12
Amendment 73 #
2023/0129(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) In order to ensure as much coherence as possible with existing crisis mechanisms and with other Union legislation, the definition of a "crisis" and a ‘crisis- relevant product’ should be based on the definition adopted in the Single Market Emergency Instrument (SMEI) but should be more general in order to cover products related to different kinds of crises or emergencies.
Amendment 75 #
2023/0129(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) A Union compulsory licence authorises the use of a protected invention without the consent of the rights-holder. Therefore, it must only be granted exceptionally, as a last resort mechanism, and under conditions that take into account the interests of the rights- holder. This includes a clear deterlimintation of the scope, duration and territorial coverage of the licence strictly in line with the duration of the crisis and the purpose for which the compulsory licence was granted . In the context of a Union level crisis mechanism, the crisis mode or emergency mode is activated or declared for a limited period of time. Where a Union compulsory licence is granted within such framework, the duration of the licence shall not extend beyond the duration of the activated or declared crisis or emergency mode and should not in principle exceed 12 months, unless a renewal is required by the continued existence of the circumstances that led to the granting of the licence. . In order to ensure that the compulsory licence fulfils its objective as well as its conditions, the use of the invention should only be authorised to a qualified person able to manufacture the crisis-relevant product and to pay a reasonable remuneration to the rights-holder.
Amendment 82 #
2023/0129(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) The participation of an advisory body aims at guaranteeing a comprehensive, thorough, and concrete assessment of the situation, taking into consideration the individual merits of each situation. It is therefore important that the advisory body has the right composition, expertise, and procedures to support the Commission when deciding on whether to grant a Union compulsory licence and under what conditions. Union crisis mechanisms usually include the setting-up of an advisory body ensuring coordination of action of the Commission and relevant bodies and agencies, the Council and the Member States. In this respect, an advisory group is set up under SMEI. Regulation (EU) No 2022/2371 provides for a Health Crisis Board and under Regulation (EU) No XXX/XX (Chips Act) [COM/2022) 46], the Commission relies on the Semiconductor Board. Those advisory bodies have the right composition, expertise, and procedures to address the crises and emergencies for which they have been set-up. When compulsory licensing is being discussed in the context of such crisis instrument, relying on the advisory body set-up for the specific instrument allows the Commission to be adequately advised and avoid duplication of advisory bodies, leading to incoherences between processes. The competent advisory bodies shall be listed, together with the corresponding crisis mechanisms, in an Annex to this Regulation. In case the Union crisis mechanism does not provide for an advisory body, the Commission should set up an ad hoc advisory body for the granting of the Union (the ‘ad hoc advisory body’).
Amendment 83 #
2023/0129(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The role of the advisory body is to advise the Commission when discussions arise on the need to rely on compulsory licensing at Union level. It should provide the Commission with a non-binding opinion. Its main tasks include assisting of the Commission in the determination of the necessity to rely on compulsory licensing at Union level, and in the determination of the conditions for such licensing , but they should nevertheless include always representatives of the authorities of the Member States which are competent for the granting of compulsory licences under national law. When the advisory body is already set up, its existing rules of procedure should apply. As regards ad hoc advisory bodies, besides including the right holders and potential licensees or their representatives, they should also be composed of onthose representatives of each Member Statenational competent authorities in order to provide the Commission with information and input concerning the situation on the national level, including information on manufacturing capacities, potential licensees and, if applicable, proposals for voluntary solutions. In addition, the advisory body should have the function of collecting and analysing relevant data, as well as ensuring coherence and cooperation with other crisis relevant bodies at Union and national level in order to ensure an adequate, coordinated and coherent crisis reply at Union level.
Amendment 85 #
2023/0129(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) The Commission should grant the Union compulsory licence in the light of the non-binding opinion of the advisory body. Persons, in particular the licensee and the rights-holder, whose interests may be affected by the Union compulsory licence should be given the opportunity to submit their comments before the issuance of such opinion and after being provided with the case file and analyses submitted to or carried out by the advisory body, and with all other relevant information necessary for them to assess the impact of a proposed Union compulsory license on their intellectual property rights. . These elements should enable the Commission to consider the individual merits of the situation and determine, on that basis, the adequate conditions of the licence, including an adequate remuneration to be paid by the licensee to the rights-holder. To avoid overproduction of products manufactured under a Union compulsory licence, the Commission should also consider any existing compulsory licences at national level.
Amendment 88 #
2023/0129(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) The Commission should guarantee that the rights-holder has the right to be heard before the adoption of the Union compulsory licence. Therefore, the Commission should inform the concerned rights-holder, where possible individually, without undue delay that a Union compulsory licence might be granted. The involvement of the rights- holder should be possible once there are ongoing advancedenabled throughout the discussions inof the relevant advisory body as regards the granting of a Union compulsory licence.
Amendment 89 #
2023/0129(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) When informed of advanced discussions as regardsGiven that voluntary agreements are the most suitable way to deal with patented products or processes in a time of crisis, then prior to any decision by the Commission on the granting of a Union compulsory licence, the rights- holder should have the possibility to propose a voluntary agreement, should the circumstances of the Union crisis or emergency, includingall be provided a reasonable opportunity to negotiate a voluntary license with potential licensees selected by the rights holder. By allowing a rights-holder to make use its existing business relationships, a more efficient and effective solution can be achieved. The time period allowed should be sufficient so as to enable good faith and meaningful negotiations, taking into account the urgency of the situation, allow it. The rights-holder should also be given the opportunity to comenter into consultation with the Commission, with a view to reaching agreement on the need for a Union compulsory licence and on the conditions of the licence, including remuneration, should it be granted. To this end, the rights-holder should be allowed to provide the Commission with written or oral comments and any information the rights- holder considers useful to allow the Commission to make a fair, comprehensive, and thorough assessment of the situation. The Commission should allow the rights-holder a reasonable period of time to provide comments and information, considering the situation of the rights-holder and the urgency of the situation. The comments of the rights- holder should, where relevant, be transmitted by the Commission to the competent advisory body. In order for confidential information to be shared with the Commission, the Commission shall ensure a safe environment for the sharing of this information and should take measures to preserve the confidentiality of the documents provided by the rights- holder in the context of that procedure. Once a Union compulsory licence has been granted, the Commission should notify the rights-holder as soon as reasonably practicable.
Amendment 94 #
2023/0129(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) The Commission should, assisted by the advisory body, make its best efforts to identify in its decision the patent, patent application, supplementary protection certificate and utility model related to the crisis-relevant products, and the rights- holders of those intellectual property rights. In certain circumstances, the identification of intellectual property rights and of their respective rights- holders may require lengthy and complex investigations. In such cases, a complete identification of all intellectual property rights and of their rights-holders may seriously undermine the efficient use of the Union compulsory licence to swiftly tackle the crisis or the emergency. Therefore, where the identification of all those intellectual property rights or rights- holders would significantly delay the granting of the Union compulsory licence, the Commission should be able to initially only indicate in the licence the non- proprietary name of the product for which it is sought. The Commission should nevertheless identify all applicable and relevant intellectual property rights and their rights-holder as soon as possible and amend the implementing act accordingly. The amendedThe implementing act should also identify any necessary safeguards and remuneration to be paid to each identified rights-holder.
Amendment 96 #
2023/0129(COD)
Proposal for a regulation
Recital 25
Recital 25
Amendment 99 #
2023/0129(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) The licensee should pay an adequate remuneration toin line with what was previously agreed with the rights- holder as determined by the Commission. The amount of the remuneration should be determined considering. In case such an agreement has not been reached within a reasonable timeframe, such a remuneration shall be determined by the Commission. The amount of the remuneration should be determined considering the total gross revenue generated by the licensee through the acts under the Union compulsory licence, the economic value of the exploitation authorised under the licence to the licensee and to the Member States concerned by the crisis, any public support received by the rights-holder to develop the invention, the degree to which development costs have been amortized as well as humanitarian circumstances relating to the granting of the Union compulsory licence. In addition, tThe Commission should also consider the comments made by the rights-holder and the assessment made by the advisory body with regard to the amount of the remuneration. In any case, the remuneration should not exceed 4 % of the total gross revenue generated by the licensee through the acts under the Union compulsory licence. This percentage is the same as the one provided for under Regulation 816/2006. In the event of a compulsory licence granted on the basis of a published patent application that ultimately does not lead to the granting of a patent, the rights-holder would have no ground to receive remuneration under the compulsory licence, as the subject matter for the receipt of the remuneration has not materialised. In such circumstances, the rights-holder should refund the remuneration it received under the compulsory licence.
Amendment 105 #
2023/0129(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) The relation between the rights- holder and the licensee should be governed by the principle of good faith. The rights- holder and licensee should work towards the success of the Union compulsory licence and collaborate, where necessary, to ensure that the Union compulsory licence effectively and efficiently fulfils its objective. The Commission may act as an enabler in achieving the good-faith cooperation between the rights-holder and the licensee, taking into account interests of all parties. In that respect, the Commission should also be entitled to take additional measures in line with Union law to ensure that the compulsory licence meets its objective and ensure that necessary crisis-relevant goods can be made available in the Union. Such additional measures may include requesting further information which is deemed indispensable to achieve the objective of the compulsory licence, but should preserve the protection of trade secrets and know-how in line with the applicable Union and national law. These measures should always include adequate safeguards to ensure the protection of the legitimate interests of all parties.
Amendment 108 #
2023/0129(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) In order to respond appropriately to the crisis situations, the Commission should be authorised to review the conditions of the Union compulsory licence and adapt them to changed circumstances. This should include the modification of the compulsory licence to indicate the complete list of rights and rights-holders covered by the compulsory licence, where this complete identification had not be done initially. This should also include the termination of the licence if the circumstances which led to it cease to exist and are unlikely to recur. When deciding on the revision of the Union compulsory licence, the Commission may decide toshall consult the competent advisory body for that purpose. If the Commission intends to change essential components of the Union compulsory licence, such as its duration or remuneration or if the change itself could be the subject of a separate compulsory licence, it should be required to consult the advisory body, as well as the rights-holders and licensees.
Amendment 112 #
2023/0129(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) Compliance with the relevant obligations imposed under this Regulation should be enforceable by means of fines and periodic penalty payments. To that end, appropriate levels of fines and periodic penalty payments should be laid down and the imposition of fines and periodic penalty payments should be subject to appropriate limitation periods in accordance with the principles of proportionality and ne bis in idem. All decisions taken by the Commission under this Regulation are subject to review by the Court of Justice of the European Union in accordance with the TFEU. The Court of Justice of the European Union should have unlimited jurisdiction in respect of the implementing act granting the compulsory licence, as well as the decisions on fines and penalty payments in accordance with Article 261 TFEU.
Amendment 116 #
2023/0129(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission as regards the granting, complementing, modification or termination of a Union compulsory license, the determination, in the absence of an agreement between the rights-holder and the licensee, of the remuneration to be paid to the rights- holder, the procedural rules for the ad hoc advisory body and the characteristics allowing the identification of products produced under a Union compulsory licence. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council12 . The advisory procedure should be used for the adoption of implementing acts granting, complementing, modifying or terminating a Union compulsory licence, and implementing acts determining the remuneration. The choice of the advisory procedure is justified given that those implementing acts would be adopted in the context of a procedure with considerable participation of the Member States through the consultation of the advisory body. The examination procedure should be used for the adoption of implementing acts establishing procedural rules for the ad hoc advisory body and implementing acts establishing the characteristics allowing the identification of products produced under a Union compulsory licence. _________________ 12 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 120 #
2023/0129(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) Union compulsory licensing for crisis management is aby definition a last resort tool that is only used in exceptional circumstances. The evaluation should therefore be conducted only where a Union compulsory licence has been granted by the Commission. The evaluation report should be submitted by the last day of the third year following the granting of the Union compulsory licence, to allow an adequate and substantiated assessment of this Regulation.
Amendment 124 #
2023/0129(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation has the objective to ensure that in crises the Union has access to crisis- relevant products. To this end, if no prior voluntary agreement has been reached between right holder and licensee, this Regulation lays down rules on the procedure and conditions for the granting as a last resort of a Union compulsory licence of intellectual property rights that are necessary for the supply of crisis- relevant products to the Member States in the context of a Union crisis or emergency mechanism.
Amendment 128 #
2023/0129(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) patents, including published patent applications;
Amendment 132 #
2023/0129(COD)
Proposal for a regulation
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2a. This Regulation is without prejudice to the Directive (EU) 2016/943 of the European Parliament and the Council and national legal acts providing for the protection of trade secrets.
Amendment 133 #
2023/0129(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) ‘crisis-relevant products’ means products or processes that are indispensable and are produced in insufficient quantity for responding to a temporary crisis or emergency or for addressing the impacts of a crisis or emergency in the Union; and for which the grant of a compulsory license is the only means of ensuring the sufficient and timely availability and supply of such products or processes, as determined by the Commission through the guidance of the advisory body in accordance with Article 6.
Amendment 140 #
2023/0129(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point f a (new)
Article 3 – paragraph 1 – point f a (new)
(fa) ‘crisis’ means a Union wide emergency caused by an exceptional, unexpected and sudden natural or man- made event of extraordinary nature and scale, which triggers activation of a Union emergency or crisis mode as set out in the Annex to this Regulation.
Amendment 142 #
2023/0129(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
The Commission may only grant a Union compulsory licence as a last resort in the event no voluntary agreement with a view to ensuring the supply of crisis-relevant products can be reached between right- holder and the potential licensee pursuant to paragraph 1, where a crisis mode or an emergency mode listed in the Annex to this Regulation has been activated or declared in accordance with one of the Union acts listed in that Annex.
Amendment 146 #
2023/0129(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
The Commission shall not grant a Union compulsory license in respect of any crisis-relevant product without first providing the rights holders with a reasonable opportunity to negotiate a voluntary license with potential licensees. The time frame for reaching an agreement on such a license shall be sufficient to enable meaningful negotiations with potential partners, taking into account the urgency of the matter.
Amendment 149 #
2023/0129(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) have a scope and duration that is limited tobe strictly limited with respect to scope, field of use and quantities (volume) necessary to meet the needs in the Union on the basis of the purpose for which the compulsory licence is granted and have duration which is strictly limited to the scope and duration of the crisis or emergency mode in the framework of which it is granted and does not exceed a maximum period of 12 months renewable in case the circumstances that led to it continue to exist;
Amendment 154 #
2023/0129(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) only be granted against payment of an adequate remuneration to the agreed with the rights- holder determined in accordance with Article 9;
Amendment 163 #
2023/0129(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 165 #
2023/0129(COD)
Proposal for a regulation
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. The advisory body referred to in paragraph 1 shall be the advisory body competent for the Union crisis or emergency mechanismode activated or declared in accordance with a Union act as listed in Annex I to this Regulation (the ‘competent advisory body’). Notwithstanding the applicable rules on the composition of the competent advisory body, for the purposes of this Regulation, it shall always include representatives of all national authorities which are competent for the granting of compulsory licences under national law. Member States shall notify the Commission of the designated competent authorities. Notifications shall be published in the Official Journal of the European Union. For the purposes of the present Regulation, the competent advisory body shall assist and advise the Commission as regards the following tasks:
Amendment 175 #
2023/0129(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point f
Article 6 – paragraph 2 – point f
(f) the identification and consultation of the representatives of right holders or their representatives as well as potential licensepotential right holders as well as potential licensees or their respective representatives and consulting other economic operators, and the industry;
Amendment 176 #
2023/0129(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point f a (new)
Article 6 – paragraph 2 – point f a (new)
(fa) the assessment of whether the potential licensees are qualified and possess sufficient production capacities and resources, namely in terms of access to relevant technologies to perform all the necessary tasks.
Amendment 177 #
2023/0129(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point g a (new)
Article 6 – paragraph 2 – point g a (new)
(ga) to assess whether the conditions for the rights-holder and potential licensees to conduct meaningful negotiations with a view to reach a voluntary agreement pursuant to Article 4(1a) were fulfilled
Amendment 183 #
2023/0129(COD)
Proposal for a regulation
Article 6 – paragraph 4 – point b
Article 6 – paragraph 4 – point b
(b) mayshall invite representatives of the European Parliament, representatives of economic operators, right holders, potential licensees, stakeholder organisations, social partners and experts to attend meetings of the advisory body as observers.
Amendment 185 #
2023/0129(COD)
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
5. In the absence of any existing competent advisory body, the tasks referred to in paragraph 2 shall be performed by an ad hoc advisory body set up by the Commission (the ‘ad hoc advisory body’). The Commission shall chair the ad hoc advisory body and ensure its secretariat. Each Member State shall have the right to be represented in the ad hoc advisory bodyThe ad hoc advisory body shall include representatives of all national authorities which are competent for the granting of compulsory licences under national law, as well as the right holders and potential licensees or their representatives. Member States shall notify the Commission of the designated competent authorities. Notifications shall be published in the Official Journal of the European Union.
Amendment 193 #
2023/0129(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The final opinion of the advisory body shall not be binding on the Commission. The Commission may set a time limit for the advisory body to submit its opinion. The time limit shall be reasonable and appropriate to the circumstances of the situation, taking particular account of the urgency of the matter.
Amendment 197 #
2023/0129(COD)
Proposal for a regulation
Article 7 – paragraph 3 – introductory part
Article 7 – paragraph 3 – introductory part
3. Before the granting of a Union compulsory licence, the Commissionissuance of the opinion of the advisory body, the advisory body shall give the rights-holder and the licensee an opportunity to comment on the following:
Amendment 198 #
2023/0129(COD)
Proposal for a regulation
Article 7 – paragraph 3 – point a
Article 7 – paragraph 3 – point a
(a) the possibility to reach a voluntary licensing agreement with manufacturers on intellectual property rights for the purpose of manufacturing, using and distributing the crisis-relevant products and the fulfilment of the conditions referred to in pursuant to Article 4(1a) for conducting meaningful negotiations for that purpose;
Amendment 206 #
2023/0129(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The Commission shall identify and notify the rights-holder and the licensee as soon as possible of the fact that a Union compulsory licence may be granted. Wherever the identification of the rights- holders is possible and does not cause significant delay, tThe Commission shall notify them individually.
Amendment 209 #
2023/0129(COD)
Proposal for a regulation
Article 7 – paragraph 6 – introductory part
Article 7 – paragraph 6 – introductory part
6. When assessing whether a Union compulsory licence is to be granted, the Commission shall consider the following:
Amendment 210 #
2023/0129(COD)
Proposal for a regulation
Article 7 – paragraph 6 – point a
Article 7 – paragraph 6 – point a
(a) follow the opinion referred to in paragraph 2;
Amendment 211 #
2023/0129(COD)
Proposal for a regulation
Article 7 – paragraph 6 – point b
Article 7 – paragraph 6 – point b
(b) consider the rights and interests of the rights- holder and the licensee;
Amendment 213 #
2023/0129(COD)
Proposal for a regulation
Article 7 – paragraph 6 – point c
Article 7 – paragraph 6 – point c
(c) take into account existing national compulsory licences reported to the Commission in accordance with Article 22 in order to prevent overlaps and a situation of overproduction.
Amendment 218 #
2023/0129(COD)
Proposal for a regulation
Article 7 – paragraph 7
Article 7 – paragraph 7
7. Where the Commissionadvisory body concludes, after duly considering the comments submitted by rights-holder and the licensee pursuant to paragraph 3, finds that the requirements for a Union compulsory licence are met, the Commission shall grant it by means of an implementing act. The implementing act shall be adopted in accordance with the advisory procedure referred to in Article 24(2). On duly justified imperative grounds of urgency relating to the impacts of the crisis, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 24(4). In case of procedure under Article 24(4), the implementing act shall remain in force for a period not exceeding 12 months.
Amendment 220 #
2023/0129(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) the patent, patent application, supplementary protection certificate or utility model for which the licence is granted or, where the identification of those rights would significantly delay the granting of the licence, the non- proprietary name of the products which are to be manufactured under the licence;
Amendment 221 #
2023/0129(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) the patent, patent application, supplementary protection certificate or utility model for which the licence is granted or, where the identification of those rights would significantly delay the granting of the licence, the non- proprietary name of the products which are to be manufactured under the licence;
Amendment 225 #
2023/0129(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) the right-holder, provided they can be identified with reasonable efforts having regard to the circumstances, including the urgency of the situation;
Amendment 228 #
2023/0129(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point f
Article 8 – paragraph 1 – point f
(f) the international non-proprietary name if any of the crisis-relevant product which is to be manufactured under the Union compulsory licence and its commodity code (CN code) under which the crisis-relevant product is classified, as defined in Council Regulation (EEC) No 2658/87;
Amendment 229 #
2023/0129(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point h
Article 8 – paragraph 1 – point h
(h) measures complementing the compulsory licence, which are necessary to achieve the objective of the compulsory licence. These measures shall be without prejudice to the applicable Union and national legal acts on protection of trade secrets and know-how, including Directive (EU) 2016/943.
Amendment 234 #
2023/0129(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The licensee shall pay an adequate remuneration to the rights-holder. The amount of the remuneration shall be determined by the Commissionagreement between the right holder and the licensee and specified in the Union compulsory licence.
Amendment 238 #
2023/0129(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 241 #
2023/0129(COD)
Proposal for a regulation
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2a. In case an agreement pursuant to paragraph 1 cannot be reached in due time, the remuneration shall be determined by the Commission, taking into account the total gross revenue generated by the licensee through the relevant activities under the Union compulsory licence, as well as the additional elements defined in paragraph 3.
Amendment 245 #
2023/0129(COD)
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
Amendment 247 #
2023/0129(COD)
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1 – point a
Article 10 – paragraph 1 – subparagraph 1 – point a
(a) the number of crisis-relevant products manufactured under the Union compulsory licence does not exceed the defined quantities and what is necessary to meet the needs of the Union;
Amendment 249 #
2023/0129(COD)
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1 – point a a (new)
Article 10 – paragraph 1 – subparagraph 1 – point a a (new)
(aa) provide detailed account of the products produced under the Union compulsory license
Amendment 251 #
2023/0129(COD)
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1 – point b a (new)
Article 10 – paragraph 1 – subparagraph 1 – point b a (new)
(ba) treat information acquired within the Union compulsory license with utmost confidentiality and implement all measures to safeguard such information.
Amendment 256 #
2023/0129(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
(b) impose fines orand periodic penalties on the licensee in accordance with Articles 15 and 16.
Amendment 267 #
2023/0129(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. In compliance with the good faith obligation, the rights-holder and the licensee shall make their best reasonable efforts to fulfil the objective of the Union compulsory licence, taking into account each other's interests.
Amendment 271 #
2023/0129(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The Commission shall review the Union compulsory licence upon reasoned request by the rights-holder or the licensee or on its own initiative and shall, where needed, modify the specifications referred to in Article 8 by means of an implementing act. Where necessary, the Union compulsory licence shall be modified to indicate the complete list of rights and rights-holders covered by the compulsory licence.
Amendment 274 #
2023/0129(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Where necessary, the Commission shall decide upon reasoned request by the rights-holder or the licensee or on its own initiative on additional measures complementing the Union compulsory licence to ensure it achieves its objective of accelerating the crisis response as well as to facilitate and ensure the good collaboration between the rights-holder and the licensee. Any such additional measures shall be without prejudice to the applicable Union and national legal acts on protection of trade secrets and know how including Directive (EU) 2016/943.
Amendment 276 #
2023/0129(COD)
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. When the Commission considers modifying, adopting additional measures as referred to in paragraph 2, or terminating the Union compulsory licence, it mayshall consult the advisory body referred to in Article 6 as well as the rights-holders and licensees.
Amendment 284 #
2023/0129(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Before adopting a decision pursuant to Article 15 or 16, the Commission shall gifully involve the licensee or the rights- holder in the procedure and give them the opportunity of being heard on the alleged infringement which is to be made subject to a fine or periodic penalty payments.
Amendment 286 #
2023/0129(COD)
Proposal for a regulation
Article 20 – paragraph 2 a (new)
Article 20 – paragraph 2 a (new)
2a. Interim measures, including for the suspension of the implementing act granting a compulsory amendments, should be made available in accordance with the rules applicable to the corresponding proceedings before the Court of Justice of the European Union.
Amendment 287 #
2023/0129(COD)
Proposal for a regulation
Article 20 – paragraph 2 b (new)
Article 20 – paragraph 2 b (new)
2b. Should the Court of Justice of the European Union decide to annul the implementing act granting a compulsory licence, the right holders should be entitled to compensation for damages in order to restore their position ex-ante.
Amendment 288 #
2023/0129(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
In accordance with Article 261 TFEU, the Court of Justice of the European Union has unlimited jurisdiction to review decisions by which the Commission has imposed fines or periodic penalty payments. It may cancel, reduce or increase the fine or periodic penalty payment imposed.:
Amendment 289 #
2023/0129(COD)
Proposal for a regulation
Article 21 – paragraph 1 a (new)
Article 21 – paragraph 1 a (new)
has granted a compulsory licence. It may cancel or amend its terms and conditions.
Amendment 290 #
2023/0129(COD)
Proposal for a regulation
Article 21 – paragraph 1 b (new)
Article 21 – paragraph 1 b (new)
has imposed fines or periodic penalty payments. It may cancel, reduce or increase the fine or periodic penalty payment imposed.
Amendment 291 #
2023/0129(COD)
Proposal for a regulation
Article 21 a (new)
Article 21 a (new)
Article 21a Standstill period 1. For the purposes of Article 21, paragraph 1, point (a) and point (b), an implementing act granting a Union compulsory license shall not take effect before the end of an initial standstill period of no less than 10 calendar days from the day following the day of publication of the Union compulsory license in the Official Journal of the European Union. 2. If a rights-holder, before the expiry of the initial standstill period, lodges an application for annulment of the implementing act and an application to suspend the implementing act before the General Court of the European Union, the implementing act shall not take effect during a subsequent standstill period which shall commence on the day of lodgement of the application for annulment and the application to suspend the implementing act and/or the application for interim measures and shall end either on the day after the day on which the General Court has taken a decision on the application to suspend the implementing act and/or on the application for interim measures, or, if no such decision has been taken by the General Court, within eight weeks, on the day after the last day of the eighth week.
Amendment 44 #
2022/2038(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Stresses the importance of protecting and promoting consumer choice through cultural diversity, which is inherent to the identity of the European Union and its citizens, and which constitutes an essential pillar of the single market;
Amendment 45 #
2022/2038(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Considers that the free movement of services should be ensured together with the protection of cultural diversity; welcomes the smooth and effective implementation of the required 30% quota obligation for European works in VOD catalogues which has had a positive impact on cultural diversity and on consumer choice through greater exposure of the EU audience to European works and by offering more opportunities for European creation to reach viewers across the EU; also welcomes the introduction by some Member States of investment obligations requiring VOD service providers to reinvest part of their revenues earned in the country, thus maintaining a steady and diverse industrial audiovisual ecosystem in these countries; underlines that the UK is a country where many non-EU countries shoot their works, notably thanks to a strong tax rebate policy; underlines as well that considering the current state of law, many US-UK coproductions are qualified as European productions; stresses finally that many US studio films shot in the UK studios with the help of a service provider are qualified as European depriving the Article 13(1) 30% quota of its meaning;
Amendment 47 #
2022/2038(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5 c. Stresses the need to support SMEs, which are necessary for the proper functioning of the audiovisual sector and for a diverse offer to the benefit of the EU audience;
Amendment 48 #
2022/2038(INI)
Draft opinion
Paragraph 5 d (new)
Paragraph 5 d (new)
5 d. Recalls that it is necessary to ensure consistency between AVMS directive and Regulation (EU) 2018/302 on unjustified geo-blocking, considering that the scope of this regulation does not cover audiovisual content; underlines that consumers benefit from cross-border access to their cultural content, in particular thanks to the portability regulation1a , which already facilitates access to content during temporary cross- border stays; _________________ 1a Regulation (EU) 2017/1128
Amendment 49 #
2022/2038(INI)
Draft opinion
Paragraph 5 e (new)
Paragraph 5 e (new)
Amendment 50 #
2022/2038(INI)
Draft opinion
Paragraph 5 f (new)
Paragraph 5 f (new)
5 f. Notes that different levels of consumer protection with regards to commercial communications exist in different environments; underlines that this creates an un-even level playing field between audiovisual media services and video sharing platforms which is detrimental to consumer protection and sustained investments in news and audiovisual content; underlines that the AVMSD is largely responsible for this regulatory asymmetry and that the AVMSD revision should raise the requirements of consumer protection for video sharing platforms;
Amendment 51 #
2022/2038(INI)
Draft opinion
Paragraph 5 g (new)
Paragraph 5 g (new)
5 g. Notes that to the detriment of consumer choice, video sharing platforms do not invest in creative and journalistic content, yet extract a large and increasing share of advertising revenues, due to the lack of equivalent rules applying to them;
Amendment 52 #
2022/2038(INI)
Draft opinion
Paragraph 5 h (new)
Paragraph 5 h (new)
5 h. Highlights that audiovisual media service providers are subject to strict rules to protect viewers from harmful content under Articles 6 and 6a of the AVMSD, as opposed to video sharing platforms, which are only subject to a lighter regime via Article 28b; underlines that the revised AVMSD should raise the requirements of consumer protection for video sharing platforms;
Amendment 53 #
2022/2038(INI)
Draft opinion
Paragraph 5 i (new)
Paragraph 5 i (new)
5 i. Stresses that the revised AVMSD should insist on the responsibility of audiovisual media service providers and video sharing platforms to strive for the prevention and reduction of disinformation;
Amendment 54 #
2022/2038(INI)
5 j. Stresses that new provisions should be included on the role that audiovisual media services, including non-linear services, and video sharing platforms should play in raising awareness (through public service announcements and other initiatives) of legitimate public interest objectives, such as climate change, energy transition, societal issues, prevention of hate speech and bullying, media and information literacy, and equal representation of women;
Amendment 55 #
2022/2038(INI)
Draft opinion
Paragraph 5 k (new)
Paragraph 5 k (new)
5 k. Considers the interplay between the Digital Services Act and other sector specific legislation remains unclear; calls on the Commission to provide guidance on the interplay between the Digital Services Act and the AVMSD;
Amendment 56 #
2022/2038(INI)
Draft opinion
Paragraph 5 l (new)
Paragraph 5 l (new)
Amendment 57 #
2022/2038(INI)
Draft opinion
Paragraph 5 m (new)
Paragraph 5 m (new)
5 m. Considers that the upcoming European Media Freedom Act should also address the challenges of the platform economy for the media sector; calls, in particular, for the adoption of procedural safeguards so that media service providers are duly informed and able to challenge the suspension or meddling with their content and services before online platforms implement their decisions;
Amendment 58 #
2022/2038(INI)
Draft opinion
Paragraph 5 n (new)
Paragraph 5 n (new)
5 n. Highlights the need to ensure proper implementation of new provisions protecting the integrity of the broadcasting signal (Article 7b) and on the ability of Member States to promote the prominence of general interest audiovisual media services (Article 7a), considering the key role that gatekeeping devices and platforms play for the way in which citizens access, discover and find audiovisual media services online;
Amendment 59 #
2022/2038(INI)
Draft opinion
Paragraph 5 o (new)
Paragraph 5 o (new)
5 o. Encourages Member States to adopt comprehensive and effective rules in accordance with Article 7b to protect the integrity of the broadcasting signal on all relevant online platforms and user interfaces used to access audiovisual media services;
Amendment 60 #
2022/2038(INI)
Draft opinion
Paragraph 5 p (new)
Paragraph 5 p (new)
5 p. Regrets that only very few Member States have yet transposed Article 7a of the revised AVMSD into national law and taken measures to promote the prominence of general interest audiovisual media services;
Amendment 61 #
2022/2038(INI)
Draft opinion
Paragraph 5 q (new)
Paragraph 5 q (new)
5 q. Encourages Member States to transpose Article 7a into national law; highlights in this context that the AVMSD only provides for a minimum harmonisation allowing Members to take measures going beyond what is provided for in the AVMSD; calls therefore on Member States to adopt prominence regimes not only for audiovisual media services providers but also radio / audio services; further recalls that the Directive allows Member States to apply measures ensuring the prominence of general interest content and services to all relevant user interface and platform service providers providing their services to users in their territory;
Amendment 62 #
2022/2038(INI)
Draft opinion
Paragraph 5 r (new)
Paragraph 5 r (new)
5 r. Calls for the revision of Article 7a from an enabling provision into an obligation; calls furthermore to task ERGA, with issuing guidance on the prominence of general interest audiovisual media services; believes that such a guidance, based on best practice examples, could provide concrete assistance to national authorities on how Article 7a could be implemented and help reducing the complexity of defining the different elements of sound and workable prominence regimes;
Amendment 63 #
2022/2038(INI)
Draft opinion
Paragraph 5 t (new)
Paragraph 5 t (new)
5 t. Calls on the Commission to introduce an obligation to ensure that online platforms always attribute the content and services offered by a media service provider to its actual publisher by ensuring for example that the identity of media organizations is clearly visible through logos or other kinds of branding alongside their content;
Amendment 64 #
2022/2038(INI)
Draft opinion
Paragraph 5 u (new)
Paragraph 5 u (new)
5 u. Recalls that, as underlined in European Commission's AVMSD guidelines published in 2020, "social media services need to be included" in the scope because "they compete for the same audiences and revenues as audiovisual media services; furthermore, they also have a considerable impact in that they facilitate the possibility for users to shape and influence the opinions of other users; therefore, in order to protect minors from harmful content and all citizens from incitement to hatred, violence and terrorism, those services should be covered by Directive 2010/13/EU";
Amendment 65 #
2022/2038(INI)
Draft opinion
Paragraph 5 v (new)
Paragraph 5 v (new)
5 v. Highlights the importance of product placement by influencers or users of video sharing platforms in recent years; in this regard, calls for action to ensure more responsible influencer marketing and for Member States to develop a mandatory "Responsible Influencer Certificates" to educate and empower online content creators regarding their activities on video sharing platforms or social media services and enforce compliance with existing legislation on advertisement;
Amendment 66 #
2022/2038(INI)
Draft opinion
Paragraph 5 w (new)
Paragraph 5 w (new)
5 w. Underlines that all advertising, in whatever form, accessible through a video sharing platforms, must be clearly identifiable as such; it must clearly identify the natural or legal person on whose behalf it is carried out; stresses that product placement on video sharing platforms or social media services included on user-generated video or influencers video must be systematically and clearly preceded by the mention "This video contains product placement" in order to inform and better protect consumers;
Amendment 144 #
2022/0402(CNS)
Proposal for a regulation
Recital 38
Recital 38
(38) This Regulation should respect the different systems for dealing with parenthood matters in the Member States. As regards ‘authentic instruments’, Member States often empower authorities, such as notaries, administrative authorities or registrars to draw up authentic instruments establishing parenthood with binding legal effect in the Member State in which they have been drawn up or registered (‘authentic instruments with binding legal effect’), or to draw up authentic instruments which have no binding legal effectrecording parenthood in the Member State in which they have been drawn up or registered but which have evidentiary effects in that Member State (‘authentic instruments with no binding legal effect(‘authentic instruments recording parenthood’). The term ‘empowerment’ in this Regulation is to be interpreted autonomously in accordance with the definition of ‘authentic instrument’ used horizontally in Union instruments and in the light of the objectives of this Regulation.
Amendment 163 #
2022/0402(CNS)
Proposal for a regulation
Recital 50
Recital 50
(50) This Regulation should provide legal certainty and predictability by providing common rules on the law applicable to the establishment of parenthood in cross-border situations. Such common rules aim to avoid conflicting decisions depending on which Member State’s courts or other competent authorities establish parenthood and to facilitate, in particular, the acceptance of authentic instruments which have no binding legal effect in the Member State of origin but which have evidentiary effects in that Member Staterecording parenthood in the Member State of origin.
Amendment 182 #
2022/0402(CNS)
Proposal for a regulation
Recital 58
Recital 58
(58) This Regulation should provide for the recognition of court decisions and authentic instruments establishing parenthood with binding legal effect issued in another Member State. issued in another Member State. It should be for the Member States to determine which authentic instruments may be regarded as establishing parenthood under national law.
Amendment 184 #
2022/0402(CNS)
Proposal for a regulation
Recital 59
Recital 59
(59) Depending on the national law, an authentic instrument establishing parenthood with binding legal effect in the Member State of origin can be, for example, a notarial deed of adoption or an administrative decision establishing parenthood following an acknowledgment of paternity. This Regulation should also provide for the acceptance of authentic instruments which have no binding legal effect in the Member State of origin but which have evidentiary effects in that Member State. Depending on the national law, such an authentic instrument can be, for example, a birth certificate or a parenthood certificate providing evidence of the parenthood established in the Member State of origin (whether the parenthood has been established by operation of law or by an act of a competent authority, such as a court decision, a notarial deed, an administrative decision or registration)This Regulation should also provide for the acceptance of authentic instruments recording parenthood in the Member State of origin. It should be for the national law to determine which authentic instruments may be regarded as recording parenthood under national law.
Amendment 196 #
2022/0402(CNS)
Proposal for a regulation
Recital 65
Recital 65
(65) Authentic instruments with binding legal effectestablishing parenthood in the Member State of origin should be treated as equivalent to ‘court decisions’ for the purposes of the rules on recognition of this Regulation.
Amendment 197 #
2022/0402(CNS)
Proposal for a regulation
Recital 66
Recital 66
(66) Although the obligation to provide children below the age of 18 years with the opportunity to express their views under this Regulation should not apply to authentic instruments with binding legal effectestablishing parenthood, the right of children to express their views should however be taken into consideration pursuant to Article 24 of the Charter and in the light of Article 12 of the UN Convention on the Rights of the Child as implemented by national law and procedure. The fact that children were not given the opportunity to express their views should not automatically be a ground for refusal of recognition of authentic instruments with binding legal effectestablishing parenthood.
Amendment 200 #
2022/0402(CNS)
Proposal for a regulation
Recital 67
Recital 67
(67) The recognition in a Member State under this Regulation of a court decision establishing parenthood given in another Member State, or of an authentic instrument establishing parenthood with binding legal effect drawn up or registered in another Member State, should not imply the recognition of the possible marriage or registered partnership of the parents of the child whose parenthood has been or is to be established.
Amendment 203 #
2022/0402(CNS)
Proposal for a regulation
Recital 68
Recital 68
(68) In order to take into account the different systems of dealing with parenthood in the Member States, this Regulation should guarantee the acceptance in all Member States of authentic instruments which have no binding legal effect in the Member State of origin but which have evidentiary effects in that Member Statein the Member State of origin. Such authentic instruments can have evidentiary effects as regards parenthood already established or as regards other facts. Depending on the national law, authentic instruments providing evidence of parenthood already established can be, for example, a birth certificate, a parenthood certificate or an extract from the civil register on birth. Authentic instruments providing evidence of other facts can be, for example, a notarial or administrative document recording an acknowledgment of paternity, a notarial or administrative document recording the consent of a mother or of a child to the establishment of parenthood, a notarial or administrative document recording the consent of a spouse to the use of assisted reproductive technology, or a notarial or administrative document recording a possession of state.
Amendment 207 #
2022/0402(CNS)
Proposal for a regulation
Recital 69
Recital 69
(69) Authentic instruments which have no binding legal effectrecording parenthood in the Member State of origin but which have evidentiary effects in that Member State should have the same evidentiary effects in another Member State as they have in the Member State of origin, or the most comparable effects. When determining the evidentiary effects of such an authentic instrument in another Member State or the most comparable effects, reference should be made to the nature and the scope of the evidentiary effects of the authentic instrument in the Member State of origin. The evidentiary effects which such an authentic instrument should have in another Member State will therefore depend on the law of the Member State of origin.
Amendment 208 #
2022/0402(CNS)
Proposal for a regulation
Recital 70
Recital 70
Amendment 211 #
2022/0402(CNS)
Proposal for a regulation
Recital 71
Recital 71
(71) The term ‘legal act’ (for example, an acknowledgment of paternity or the giving of consent) or ‘legal relationship’ (for example, the parenthood of a child) recorded in an authentic instrument which has no binding legal effect in the Member State of origin but which has evidentiary effects in that Member Staterecording parenthood in the Member State of origin should be interpreted as referring to the contents as to substance recorded in the authentic instrument. A party wishing to challenge a legal act or a legal relationship recorded in the authentic instrument should do so before the courts having jurisdiction under this Regulation, which should decide on the challenge in accordance with the law applicable to the establishment of parenthood designated by this Regulation.
Amendment 213 #
2022/0402(CNS)
Proposal for a regulation
Recital 72
Recital 72
(72) If a question relating to the legal act or legal relationship recorded in an authentic instrument which has no binding legal effect in the Member State of origin but which has evidentiary effects in that Member Staterecording parenthood in the Member State of origin is raised as an incidental question in proceedings before a court of a Member State, that court should have jurisdiction over that question.
Amendment 215 #
2022/0402(CNS)
Proposal for a regulation
Recital 73
Recital 73
(73) Where an authentic instrument which has no binding legal effect in the Member State of origin but which has evidentiary effects in that Member State is recording parenthood in the Member State of origin is being challenged, it should not produce any evidentiary effects in a Member State other than the Member State of origin as long as the challenge is pending. If the challenge concerns only a specific matter relating to the legal act or legal relationships recorded in the authentic instrument, the authentic instrument in question should not produce any evidentiary effects in a Member State other than the Member State of origin with regard to the matter being challenged as long as the challenge is pending. An authentic instrument which has been declared invalid as a result of a challenge should cease to produce any evidentiary effects.
Amendment 217 #
2022/0402(CNS)
Proposal for a regulation
Recital 74
Recital 74
(74) Should an authority, in application of this Regulation, be presented with two incompatible authentic instruments which do not establish parenthood with binding legal effect but which have evidentiary effectsrecording parenthood in their respective Member State of origin, it should assess the question of which authentic instrument, if any, should be given priority taking into account the circumstances of the particular case. Where it is not clear from those circumstances which of such authentic instruments, if any, should be given priority, the question should be determined by the courts having jurisdiction under this Regulation or, where the question is raised as an incidental question in the course of proceedings, by the court seised of those proceedings.
Amendment 333 #
2022/0402(CNS)
Proposal for a regulation
Article 18 – paragraph 1 – point a
Article 18 – paragraph 1 – point a
(a) the procedureconditions to establish or contest parenthood;
Amendment 334 #
2022/0402(CNS)
Proposal for a regulation
Article 18 – paragraph 1 – point b
Article 18 – paragraph 1 – point b
Amendment 338 #
2022/0402(CNS)
1. A unilateral act, or joint declaration, intended to have legal effect on the establishment of parenthood shall be valid as to form where it meets the requirements of one of the following laws:
Amendment 405 #
2022/0402(CNS)
Proposal for a regulation
Chapter IV – Section 3 – title
Chapter IV – Section 3 – title
3 Authentic instruments with binding legal effectestablishing parenthood
Amendment 407 #
2022/0402(CNS)
Proposal for a regulation
Article 35 – paragraph 1 – point a
Article 35 – paragraph 1 – point a
(a) have been formally drawn up or registered in a Member State assuming jurisdiction under Chapter II; and.
Amendment 408 #
2022/0402(CNS)
Proposal for a regulation
Article 35 – paragraph 1 – point b
Article 35 – paragraph 1 – point b
Amendment 412 #
2022/0402(CNS)
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
Authentic instruments establishing parenthood with binding legal effect in the Member State of origin shall be recognised in other Member States without any special procedure being required. Sections 1 and 2 of this Chapter shall apply accordingly, unless otherwise provided for in this Section.
Amendment 413 #
2022/0402(CNS)
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
1. The competent authority of the Member State of origin as communicated to the Commission pursuant to Article 71 shall, upon application by a party, issue an attestation for an authentic instrument establishing parenthood with binding legal effect using the form set out in Annex II.
Amendment 416 #
2022/0402(CNS)
Proposal for a regulation
Article 37 – paragraph 2 – introductory part
Article 37 – paragraph 2 – introductory part
2. The attestation may be issued only if the following conditions are met:
Amendment 417 #
2022/0402(CNS)
Proposal for a regulation
Article 37 – paragraph 2 – point a
Article 37 – paragraph 2 – point a
(a) the Member State which empowered the public authority or other authority to formally draw up or register the authentic instrument establishing parenthood had jurisdiction under Chapter II; and.
Amendment 418 #
2022/0402(CNS)
Proposal for a regulation
Article 37 – paragraph 2 – point b
Article 37 – paragraph 2 – point b
Amendment 421 #
2022/0402(CNS)
Proposal for a regulation
Article 39 – paragraph 1 – introductory part
Article 39 – paragraph 1 – introductory part
1. The recognition of an authentic instrument establishing parenthood with binding legal effect shall be refused:
Amendment 425 #
2022/0402(CNS)
Proposal for a regulation
Article 39 – paragraph 1 – point c
Article 39 – paragraph 1 – point c
(c) if and to the extent that it is irreconcilable with a later court decision relating to parenthood given, or a later authentic instrument establishing parenthood with binding legal effect drawn up or registered, in the Member State in which recognition is invoked;
Amendment 426 #
2022/0402(CNS)
Proposal for a regulation
Article 39 – paragraph 1 – point d
Article 39 – paragraph 1 – point d
(d) if and to the extent that it is irreconcilable with a later court decision relating to parenthood given, or a later authentic instrument establishing parenthood with binding legal effect drawn up or registered, in another Member State provided that the later court decision or authentic instrument fulfils the conditions necessary for its recognition in the Member State in which recognition is invoked.
Amendment 437 #
2022/0402(CNS)
Proposal for a regulation
Article 39 – paragraph 3
Article 39 – paragraph 3
3. The recognition of an authentic instrument establishing parenthood with binding legal effect may be refused if it was formally drawn up or registered without children having been given an opportunity to express their views. Where the children were below the age of 18 years, this provision shall apply where the children were capable of forming their views.
Amendment 445 #
2022/0402(CNS)
Proposal for a regulation
Article 41 – paragraph 1
Article 41 – paragraph 1
Under no circumstances may a court decision given in another Member State, or an authentic instrument establishing parenthood with binding legal effect in the Member State of origin, be reviewed as to their substance.
Amendment 448 #
2022/0402(CNS)
Proposal for a regulation
Chapter V – title
Chapter V – title
V AUTHENTIC INSTRUMENTS WITH NO BINDING LEGAL EFFECTRECORDING PARENTHOOD
Amendment 450 #
2022/0402(CNS)
Proposal for a regulation
Article 44 – paragraph 1
Article 44 – paragraph 1
This Chapter shall apply to authentic instruments which have no binding legal effect in the Member State of origin but which have evidentiary effects in that Member Staterecording parenthood in the Member State of origin.
Amendment 454 #
2022/0402(CNS)
Proposal for a regulation
Article 45 – paragraph 1
Article 45 – paragraph 1
1. An authentic instrument which has no binding legal effectrecording parenthood in the Member State of origin shall have the same evidentiary effects in another Member State as it has in the Member State of origin, or the most comparable effects, provided that this is not manifestly contrary to public policy (ordre public) in the Member State where it is presented.
Amendment 481 #
2022/0402(CNS)
Proposal for a regulation
Article 49 – paragraph 3 – point e
Article 49 – paragraph 3 – point e
(e) the elements on which the applicant founds parenthood, appending the original or a copy of the document(s) establishing parenthood with binding legal effect or providing evidence of the parenthood;
Amendment 483 #
2022/0402(CNS)
Proposal for a regulation
Article 49 – paragraph 3 – point f
Article 49 – paragraph 3 – point f
(f) the contact details of the Member State’s court that established parenthood, of the competent authority that issued an authentic instrument establishing parenthood with binding legal effect, or of the competent authority that issued an authentic instrument with no binding legal effectrecording parenthood in the Member State of origin but with evidentiary effects in that Member State;
Amendment 500 #
2022/0402(CNS)
Proposal for a regulation
Article 52 – paragraph 1 – point b
Article 52 – paragraph 1 – point b
(b) if different, the name, address and contact details of the Member State’s court that established parenthood, of the competent authority that issued an authentic instrument establishing parenthood with binding legal effect, or of the competent authority that issued an authentic instrument with no binding legal effectrecording parenthood in the Member State of origin but with evidentiary effects in that Member State;
Amendment 555 #
2022/0402(CNS)
Proposal for a regulation
Article 69 – paragraph 2 – subparagraph 1 – point b
Article 69 – paragraph 2 – subparagraph 1 – point b
(b) an authentic instrument establishing parenthood with binding legal effect in the Member State of origin which was formally drawn up or registered prior to [date of application of this Regulation].
Amendment 558 #
2022/0402(CNS)
Proposal for a regulation
Article 69 – paragraph 3 – subparagraph 1
Article 69 – paragraph 3 – subparagraph 1
Notwithstanding paragraph 1, Member States shall accept an authentic instrument which has no binding legal effect in the Member State of origin but which has evidentiary effects in that Member Staterecording parenthood in the Member State of origin, provided that this is not manifestly contrary to the public policy (ordre public) of the Member State in which acceptance is sought.
Amendment 564 #
2022/0402(CNS)
Proposal for a regulation
Article 70 – paragraph 2 – point a
Article 70 – paragraph 2 – point a
(a) the number of applications for the refusal of recognition of a court decision or of an authentic instrument establishing parenthood with binding legal effect in the Member State of origin pursuant to Article 32, and the number of cases in which the refusal of recognition was granted;
Amendment 567 #
2022/0402(CNS)
Proposal for a regulation
Article 70 – paragraph 2 – point c
Article 70 – paragraph 2 – point c
(c) the number of applications challenging the contents of an authentic instrument which has no binding legal effect in the Member State of origin but which has evidentiary effects in that Member State,recording parenthood in the Member State of origin and the number of cases in which the challenge was successful;
Amendment 583 #
2022/0402(CNS)
Proposal for a regulation
Annex II – title
Annex II – title
ATTESTATION CONCERNING AN AUTHENTIC INSTRUMENT WITH BINDING LEGAL EFFECTESTABLISHING PARENTHOOD
Amendment 584 #
2022/0402(CNS)
Proposal for a regulation
Annex II – subtitle
Annex II – subtitle
IMPORTANT To be issued, upon application by a party, as regards an authentic instrument that establishes parenthood with binding legal effect in the Member State of origin only if the Member State which empowered the public authority or other authority to formally draw up or register that authentic instrument had jurisdiction under Chapter II of the Regulation. The competent authority of the Member State of origin is that communicated to the Commission pursuant to Article 71 of the Regulation.
Amendment 595 #
2022/0402(CNS)
Proposal for a regulation
Annex II – point 5.4 – title
Annex II – point 5.4 – title
5.4. Date (dd/mm/yyyy) as of which the authentic instrument has binding legal effectestablishes parenthood in the Member State of origin
Amendment 601 #
2022/0402(CNS)
Proposal for a regulation
Annex III – title
Annex III – title
ATTESTATION CONCERNING AN AUTHENTIC INSTRUMENT WITH NO BINDING LEGAL EFFECTRECORDING PARENTHOOD
Amendment 602 #
2022/0402(CNS)
Proposal for a regulation
Annex III – subtitle
Annex III – subtitle
IMPORTANT To be issued, upon application by a party, as regards an authentic instrument which does not establish parenthood and therefore has no binding legal effect in the Member State of origin but which has evidentiary effects in that Member Staterecording parenthood in the Member State of origin. The competent authority of the Member State of origin is that communicated to the Commission pursuant to Article 71 of the Regulation.
Amendment 605 #
2022/0402(CNS)
Proposal for a regulation
Annex IV – point 3
Annex IV – point 3
3. Court or other competent authority which established parenthood with binding legal effect or which issued an authentic instrument with no binding legal effect but with evidentiary effectsrecording parenthood in the Member State of origin (to be completed ONLY if different from section 2)
Amendment 621 #
2022/0402(CNS)
Proposal for a regulation
Annex IV – point 8
Annex IV – point 8
8. Documents annexed to this application form The applicant must provide all relevant documents to prove the information contained in this form. Therefore, if the court or competent authority specified under section 2 does not have it yet, please append the original or a copy of the document which satisfies the conditions necessary to establish its authenticity: □ Court decision establishing parenthood □ Authentic instrument establishing parenthood with binding legal effect (for example, decision by an administrative authority, decision by a notary, decision by a registrar or act of registration by a registrar) □ Authentic instrument with no binding legal effect but with evidentiary effects in the Member State of origin (for example, a birth certificate)□ Authentic instrument recording parenthood in the Member State of origin
Amendment 623 #
2022/0402(CNS)
Proposal for a regulation
Annex V – point 2
Annex V – point 2
2. Court or other competent authority which established parenthood with binding legal effect (in a court decision or an authentic instrument with binding legal effect), or which issued an authentic instrument with no binding legal effect but with evidentiary effectsrecording parenthood in the Member State of origin (to be completed ONLY if different from section 1)
Amendment 117 #
2022/0396(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) An item, which is an integral part of a product and is necessary to contain, support or preserve that product throughout its lifetime and where all elements are intended to be used, consumed or disposed of together, should not be considered as being packaging given that its functionality is intrinsically linked to it being part of the product. However, in light of the disposal behaviour of consumers regardingefforts to establish appropriate recycling and composing streams, tea and coffee bags as well as coffee or tea system single-serve units, which in practice are disposed of together with the product residue leading to the contamination of compostable and recycling streams, those specific items should be treated as packaging. This is in line with the objective to increase the separate collection of bio-waste, as required by Article 22 of Directive 2008/98/EC of the European Parliament and of the Council41 . Furthermore, to ensure coherence regarding end-of-life financial and operational obligations, also all coffee or tea system single-serve units necessary to contain coffee or tea should be treated as packaging. __________________ 41 Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3).
Amendment 155 #
2022/0396(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) In order to facilitate conformity assessment with requirements on compostable packaging, it is necessary to provide for presumption of conformity for compostable packaging which is in conformity with harmonised standards adopted in accordance with Regulation (EU) No 1025/2012 of the European Parliament and of the Council56 for the purpose of expressing detailed technical specifications of those requirements and take into account, in line with the latest scientific and technological developments, the parameters, including composting times and admissible levels of contamination, which reflect the actual conditions in bio- waste treatment facilities, including anaerobic digestion processesquality of the output, composting proper processing times and admissible levels of contamination. __________________ 56 Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council Text with EEA relevance (OJ L 316, 14.11.2012, p. 12).
Amendment 158 #
2022/0396(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) Packaging should be designed, where relevant for a given shape, so as to minimise its volume and weight while maintaining its ability to perform the packaging functions. The manufacturer of packaging should assess the packaging against the performance criteria, as listed in Annex IV of this Regulation. In view of the objective of this Regulation to reduce packaging and packaging waste generation and to improve circularity of packaging across the internal market, it is appropriate to further specify the existing criteria and to make them more stringent. The list of the packaging performance criteria, as listed in the existing harmonised standard EN 13428:200057 , should therefore be modified. While marketing and consumer acceptance remain relevant for packaging designpresentation, design and differentiation functionality, they should not be part ofthe main performance criteria justifying on their own additional packaging weight and volume. However, this should not compromise product or packaging specifications for craft and industrial products and food, beverages and agricultural products that are registered aund protected under the EU geographical indication protection schemeer or otherwise protected by the Union intellectual property law or EU geographical indication protection schemes, including third country geographical indication that have been given distinctive recognition by the Union, as part of the Union’s objective to protect Intellectual property rights, cultural heritage and traditional know-how. Traditional packaging associated with products that have been granted distinctive recognition or that are subject to geographical indication of origin protection shall, however, seek to reduce packaging weight to the smallest amount possible while protecting the shape of the packaging in accordance with the overall ambitions of this proposal. On the other hand, recyclability, the use of recycled content, and re-use may justify additional packaging weight or volume, and should be added to the performance criteria. Packaging with double walls, false bottoms and other characteristics only aimed to increase the perceived product volume should not be placed on the market, as it does not meet the requirement for packaging minimisation. The same rule should apply to superfluous packaging not necessary for ensuring packaging functionality. __________________ 57 Packaging – Requirements specific to manufacturing and composition – Prevention by source reduction.
Amendment 163 #
2022/0396(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) In order to facilitate conformity assessment with requirements on packaging minimisation, it is necessary to provide presumption of conformity for packaging which is in conformity with harmonised standards adopted in accordance with Regulation (EU) No 1025/2012 for the purpose of expressing detailed technical specifications of those requirements and specify measurable design criteria, including where appropriate, maximum weight or empty space limits for specific packaging formats as well as by-default, standardised packaging designs that comply with the packaging minimisation requirement. Packaging design and minimisation should not compromise the requirements specified under EU rules on food contact materials and they should not affect the food safety of the products.
Amendment 164 #
2022/0396(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) To promote the circularity and sustainable use of packaging, reusable packaging and systems for re-use should be incentivised without prejudice to Article 4(2) of Directive 2008/98/EC and where re-use does not pose risks to the quality of food and/or compromises food safety of the products. For that purpose, it is necessary to clarify the notion of reusable packaging and to ensure that it is linked not only to the packaging design, which should enable a maximum number of trips or rotations and maintaining the safety, quality and hygiene requirements when being emptied, unloaded, refilled or reloaded, but also to the setting up of systems for re-use respecting minimum requirements as set out in this Regulation. In order to facilitate conformity assessment with requirements on reusable packaging, it is necessary to provide for presumption of conformity for packaging which is in conformity with harmonised standards adopted in accordance with Regulation (EU) No 1025/2012 for the purpose of expressing detailed technical specifications of those requirements and define reusable packaging criteria and formats, including minimum number of trips or rotations, standardised designs, as well as requirements for systems for re-use, including hygiene requirements. In light of the significant amount of water needed to implement a re-use system, especially for food and beverages and at industrial level, Member States should maintain a level of flexibility in adopting such provision. The Commission should produce a risk assessment of the implementation of reusable packaging vis-à-vis EU water management strategy and European water waste reduction targets.
Amendment 168 #
2022/0396(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) It is necessary to inform consumers and to enable them to appropriately dispose of packaging waste, including compostable lightweight and very lightweight plastic carrier bags. The most appropriate manner to do this is to establish a harmonised labelling system based on the material composition of packaging for sorting of waste, and to pair it with corresponding labels on waste receptacles. To this end, the European Commission and Member States shall provide the necessary tools and incentives, including economic ones, with special attention to micro and small enterprises
Amendment 179 #
2022/0396(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) In order to inform end-users about reusability, availability of systems for re- use and location of collection points as regards reusable packaging, such packaging should bear a QR code or other data carrier that provides such information. The QR code should also facilitate tracking and the calculation of trips and rotations. In addition, reusable sales packaging should be clearly identified at the point of sale.
Amendment 188 #
2022/0396(COD)
Proposal for a regulation
Recital 54
Recital 54
(54) In order to safeguard the functioning of the internal market, it is necessary to ensure that packaging from third countries entering the Union market comply with this Regulation, whether imported as self-standing packaging or in a packaged product. In particular, it is necessary to ensure that appropriate conformity assessment procedures have been carried out by manufacturers with regard to that packaging. Importers should therefore ensure that the packaging they place on the market comply with those requirements and that documentation drawn up by manufacturers are available for inspection by the competent national authorities. To comply with these obligations, adequate support should be provided to non-professional importers, especially to micro and SMEs.
Amendment 194 #
2022/0396(COD)
Proposal for a regulation
Recital 64
Recital 64
(64) Reusable packaging becomes waste, in the sense of the Article 3(1) of Directive 2008/98/EC, when its holder discards it, intends to discard it or is obligated to discard it. Reusable packaging in a reconditioning process is normally not considered to be waste.
Amendment 201 #
2022/0396(COD)
Proposal for a regulation
Recital 67
Recital 67
(67) In order to reduce the increasing proportion of packaging that is single use and the growing amounts of packaging waste generated, it is necessary to establish quantitative re-use and refill targets on packaging in sectors, which have been assessed as having the greatest potential for packaging waste reduction, namely food and beverages for take-away, large-white goods and transport packaging. This was appraised based on factors such as existing systems for re-use, necessity of using packaging and the possibility of fulfilling the functional requirements in terms of containment, tidiness, health, hygiene and safety. Differences of the products and their production and distribution systems, were also taken into account. The setting of the targets is expected to support the innovation and increase the proportion of re-use and refill solutions. The use of single use packaging for food and beverages filled and consumed within the premises in the HORECA sector should not be allowedtargets shall not apply for packaging formats which achieve the same or better overall impact as re-usable or refillable packaging when considered on a full life cycle basis.
Amendment 321 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 9 – subparagraph 1
Article 7 – paragraph 9 – subparagraph 1
By 1 January 2028, the Commission shall assess the need for derogations from the minimum percentage laid down in paragraph 1, points b and d, for specific plastic packagingtypes of packaging in accordance with Annex II, Table 1, or for the revision of the derogation established under paragraph 3 for specific plastic packaging.
Amendment 325 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 10
Article 7 – paragraph 10
10. Where justified by the lack of availability or excessive prices of specific recycled plastics that may have adverse effects on human or animal health, security of food supply or the environment, making compliance with the minimum percentages of recycled content set out in paragraphs 1 and 2 excessively difficult, the Commission shall be empowered to adopt a delegated act in accordance with Article 58 to amend paragraphs 1 and 2 by adjusting the minimum percentages accordingly. In evaluating the justification of such adjustment, the Commission shall assess requests from natural or legal persons to be accompanied by relevant information and data on the market situation for this post-consumer plastic waste and best available evidence regarding the related risks to human or animal health, to the security of food supply or to the environment. In application of this derogation, the packaging shall be accompanied by technical documentation, as referred to in Annex VII, demonstrating the data on the minimum quality requirements of the recycled material used in that packaging and the market situation for that for that recycled material from post-consumer waste. The Commission shall adopt a delegated act laying down the conditions, duration and evidence required for this derogation and the format of the technical documentation referred to in Annex VII.
Amendment 344 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
Article 11 – paragraph 1 – subparagraph 1
From [OP: Please insert the date = 4236 months after the entry into force of this Regulation], packaging shall be marked with a label containing information on its material composition. This obligation does not apply to transport packaginge delegated act referred to in paragraph 5, information to facilitate consumer sorting shall be marked on the packaging or shall be available through digital means according to Article 11(4). This obligation does not apply to transport packaging, to packaging mentioned in Article 7(3), retail packaging subject to final packaging, as in the case of over the counter food sales, and to reusable gas receptacles. However, it applies to e- commerce packaging.
Amendment 360 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 2
Article 11 – paragraph 1 – subparagraph 2
Packaging subject to deposit and return systems referred to in Article 44(1) shall, in addition to the labelling referred to in the first subparagraph, be marked with a harmonised label established in the relevant implementing act adopted pursuant to paragraph 5.
Amendment 364 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. From [OP: Please insert the date = 48 months after the date of entry into force of this Regulation],e implementing act referred to in paragraph 5, reusable packaging shall bear a label on packaging reusability andor shall be available through a QR code or other type of digital data carrier that provides further information on packaging reusability including the availability of a system for re-use and of collection points, and that facilitates the tracking of the packaging and the calculation of trips and rotations. In addition, reusable sales packaging shall be clearly identified and distinguished from single use packaging at the point of sale. The marketing authorization holder is permitted to transmit the package leaflet's information via digital data carrier for medicinal products as defined in Article 1, point (2) of Directive 2001/83/EC and as required by Articles 59 and 52 of that same directive.
Amendment 376 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Where a unit ofplastic packaging covered by Article 7 is marked with a label containing information consumer relevant information on the share of recycled content, that label from post-consumer plastic waste, that label or a QR code or other type of digital data carrier shall comply with the specifications laid down in the relevant implementing act adopted pursuant to Article 11(5) and shall be based on the methodology pursuant to Article 7(7). Where a unit of plastic packaging is marked with a label containing information on the share of biobased plastic content, that label shall comply with the specifications laid down in the relevant implementing act adopted pursuant to Article 11(5).
Amendment 385 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 1
Article 11 – paragraph 4 – subparagraph 1
Labels referred to in paragraphs 1 to 3 and the QR code or other type of digital data carrier referred to in paragraph 2 shall be placed, printed or engraved visibly, clearly legibly and indelibly on the packaging. Where this is not possible or not warranted on account of the nature and size of the packaging, they shall be affixed to the grouped packaging information should be conveyed to consumers via digital means of communication as QR code or they shall be affixed to the grouped packaging. Information must be provided through the outer packaging, as defined in Article 1, Point (24), of Directive 2001/83/EC, for all immediate packaging, as defined in Article 1, Point (23), of Directive 2001/83/EC. From [Please insert the date = 24 months after the entry into force of this Regulation] the Commission shall adopt guidance regarding provision of information by digital means.
Amendment 391 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 1 a (new)
Article 11 – paragraph 4 – subparagraph 1 a (new)
The information referred to in paragraphs 1 through 3 may, as a derogation from paragraph 4, be provided by electronic means that are specified on the package or on a label that is attached to it. In such cases, the following requirements apply: a) no user data shall be collected or tracked; b) the information shall not be displayed with other information intended for sales or marketing purposes.
Amendment 400 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
5. By [OP: Please insert the date = 182 months after the date of entry into force of this Regulation], the Commission shall adopt implementing acts to establish a harmonised label and specifications for the labelling requirements and formats for the labelling of packaging referred to in paragraphs 1 to 3 and the labelling of waste receptacles referred to in Article 12. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 59(3).
Amendment 404 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 6
Article 11 – paragraph 6
6. By [OP: Please insert the date = 124 months after the date of entry into force of this Regulation], the Commission shall adopt implementing acts to establish the methodology for identifying the material composition of packaging referred to in paragraph 1packaging materials by means of digital marking technologies. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 59(3).
Amendment 410 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 7
Article 11 – paragraph 7
7. Without prejudice to requirements concerning other harmonised EU labels, Member States shall not require economic operators shall noto provide or display labels, marks, symbols or inscriptions that are likely to mislead or confuse consumers or other end users with respect to the sustainability requirements for packaging, other packaging characteristics or packaging waste management options, for which harmonised labelling has been laid down in this Regulation. From [Please inset the date = 24 months after the entry into force of this Regulation] the Commission shall adopt guidance regarding aspects that are likely to mislead or confuse consumers or other end users.
Amendment 418 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 8
Article 11 – paragraph 8
8. Packaging included in an extended producer responsibility scheme or covered by a deposit and return system other than that referred to in Article 44(1) mayshall be identified by means of a corresponding symbol throughout the territory in which that scheme or system applies. That symbol shall be clear and unambiguous and shall not mislead consumers or users as to the recyclability or reusability of the packagingharmonized symbol to be designed via an implementing act by the Commission in accordance with the examination procedure referred to in Article 59 (3).
Amendment 424 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 8 a (new)
Article 11 – paragraph 8 a (new)
8a. Packaging produced or imported prior the deadlines referred to in paragraphs 1, 2 and 3, may be put into the market until 36 months after the entry into force of this Regulation.
Amendment 453 #
2022/0396(COD)
Proposal for a regulation
Article 13 – paragraph 6 a (new)
Article 13 – paragraph 6 a (new)
6a. With regard to this Regulation, for medicinal products, as defined in Article 1, point (2), of the Directive 2001/83/EC, the information provided shall be of the marketing authorisation holder, as provided by Article 6.1a of the Directive 2001/83/EC.
Amendment 465 #
2022/0396(COD)
Proposal for a regulation
Article 13 – paragraph 9 a (new)
Article 13 – paragraph 9 a (new)
9a. The provisions of paragraphs 1 to 6 shall not apply to custom transport packaging for configurable devices and system, that are destined to be used use in industrial and healthcare environments.
Amendment 523 #
2022/0396(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Economic operators shall not place on the market packaging in the formats and for the purposes listed in Annex V unless they can demonstrate their usefulness.
Amendment 562 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 14 – introductory part
Article 26 – paragraph 14 – introductory part
14. Economic operators shall be exempted from the obligation to meet the targets in paragraphs 2 to 10 if required by hygiene or safety considerations or if, during a calendar year, they:
Amendment 565 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 15
Article 26 – paragraph 15
15. Economic operators shall be exempted from the obligation to meet the targets in paragraphs 2 to 6 if, during a calendar year, they have a sales area of not more than 100 m2, including also all storage and dispatch areas. The obligations in paragraphs 1 to 13 may also be fulfilled by the economic operator if the goods concerned are made available in packaging which has equivalent benefits to reusable packaging.
Amendment 606 #
2022/0396(COD)
Proposal for a regulation
Article 52 – paragraph 1 – subparagraph 1
Article 52 – paragraph 1 – subparagraph 1
Without prejudice to Article 19 of the Regulation (EU) 2019/1020, where the market surveillance authorities of one Member State have sufficient reason to believe that packaging covered by this Regulation presents a risk to the environment or human health, they shall carry out an evaluation in relation to the packaging concerned covering all requirements laid down in this Regulation that are relevant to the risk. The relevant economic operators shall cooperate as necessary with the market surveillance authorities.
Amendment 607 #
2022/0396(COD)
Proposal for a regulation
Article 52 – paragraph 1 – subparagraph 2
Article 52 – paragraph 1 – subparagraph 2
Where, in the course of that evaluation, and following a process where objections raised by economic operators have been considered, the market surveillance authorities find that the packaging does not comply with the requirements laid down in this Regulation, they shall without delay require the relevant economic operator to take appropriate and proportionate corrective measures, within a reasonable period prescribed by the market surveillance authorities which is commensurate with the nature and, where relevant the degree of the non-compliance, to bring the packaging in compliance with those requirements. The evaluation of market surveillance authorities shall be based on due process.
Amendment 609 #
2022/0396(COD)
Proposal for a regulation
Article 52 – paragraph 4
Article 52 – paragraph 4
4. The economic operator shall ensure that all appropriate corrective measures is taken in respect of all the concerned packaging, following due process, that the economic operator has made availableplaced on the market throughout the Union.
Amendment 611 #
2022/0396(COD)
Proposal for a regulation
Article 54 – paragraph 1
Article 54 – paragraph 1
1. Where, having carried out an evaluation under Article 52, and following a process where objections raised by economic operators have been considered, a Member State finds that although packaging is in compliance with the applicable requirements set out in Articles 5 to 11, it presents a risk to the environment or human health, it shall without delay require the relevant economic operator to take all appropriate measures, within a reasonable period prescribed by the market surveillance authorities and commensurate with the nature and, where relevant, the degree of risk, to ensure that the packaging concerned, when placed on the market, no longer presents that risk, to withdraw the packaging from the market or to recall it. The evaluation of market surveillance authorities shall be based on due process
Amendment 207 #
2022/0302(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 3
Article 4 – paragraph 1 – point 3
(3) ‘component’ means any item, whether tangible or intangible, or any related service, that is integrated into, or inter-connected with, another product by the manufacturer of that product or by a third party within that manufacturer’s control;
Amendment 217 #
2022/0302(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 5
Article 4 – paragraph 1 – point 5
(5) ‘manufacturer’s control’ means that the manufacturer of a product authoriseinstructs a) the integration, inter-connection or of a component into the product, the inter-connection of a component with the product with the product or the supply by a third party of a component including software updates or upgrades, or b) the modification of the product;
Amendment 241 #
2022/0302(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 10
Article 4 – paragraph 1 – point 10
(10) ‘putting into service’ means the first use by the end user of a product in the Union in the course of a commercial activity, whether in return for payment or free of charge, in circumstances in which the product has not been placed on the market prior to its first use;
Amendment 278 #
2022/0302(COD)
Proposal for a directive
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) the reasonably foreseeable use and misuse of the product;
Amendment 286 #
2022/0302(COD)
Proposal for a directive
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) the effect on the product of otherinterconnected products that can reasonably be expected to be used together with the product;
Amendment 291 #
2022/0302(COD)
Proposal for a directive
Article 6 – paragraph 1 – point f
Article 6 – paragraph 1 – point f
(f) product safety requirements under Union and national law, including safety- relevant cybersecurity requirements;
Amendment 292 #
2022/0302(COD)
Proposal for a directive
Article 6 – paragraph 1 – point g
Article 6 – paragraph 1 – point g
(g) any interventionrelevant recall of the product decided by a regulatory authority or by an economic operator referred to in Article 7 relating to product safety;
Amendment 340 #
2022/0302(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall ensure that national courts are empowered, upon request of an injured person claiming compensation for damage caused by a defective product (‘the claimant’) who has presented facts and evidence sufficient to support the plausibility of the claim for compensation, to order the defendant to disclose relevant evidence that is at its disposal provided such disclosure is necessary to preserve or establish facts upon which the success of the claim may depend.
Amendment 363 #
2022/0302(COD)
Proposal for a directive
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
(a) the defendant has failed to comply with an obligation to disclose relevant evidence at its disposal pursuant to Article 8(1) unless such failure is justified by a legitimate reason;
Amendment 364 #
2022/0302(COD)
Proposal for a directive
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) the claimant establishes that the product does not comply with mandatory safety requirements laid down in Union law or national law that are intended to protect against the risk of the damage that has occurredoccurrence of the damage suffered by the injured party; or
Amendment 368 #
2022/0302(COD)
Proposal for a directive
Article 9 – paragraph 2 – point c
Article 9 – paragraph 2 – point c
(c) the claimant who has complied with the product's use and maintenance instructions establishes that the damage was caused by an obvious malfunction of the product which is not attributable to a lack of maintenance, a violation of the product's instructions and the faulty intervention of a third party during normal use or under normal ordinary circumstances of use.
Amendment 377 #
2022/0302(COD)
Proposal for a directive
Article 9 – paragraph 4
Article 9 – paragraph 4
Amendment 204 #
2022/0278(COD)
Proposal for a regulation
Recital 9 – indent 2
Recital 9 – indent 2
— a forum for adequate coordination, cooperation and exchange of information amongst all actors of the implementation process : Member States, European Commission and economic operator; and
Amendment 362 #
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. When appropriate, the Commission shall invite relevant representatives of the economic operators directly involved and/ot impacted by contingency planning, vigilance mode and emergency mode.
Amendment 182 #
2022/0277(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
Amendment 264 #
2022/0277(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) Audience measurement has a direct impact on the allocation and the prices of advertising, which represents a key revenue source for the media sector. It is a crucial tool to evaluate the performance of media content and understand the preferences of audiences in order to plan the future production of content. Accordingly, media market players, in particular media service providers, right holders and advertisers, should be able to rely on objective audience data stemming from transparent, unbiased and verifiable audience or consumption and performance measurement solutions. However, certain new players that have emerged in the media ecosystemsuch as very large online platforms and very large search engines provide their own measurement services without making available information on their methodologies. This could result in incomparable measurement systems and information asymmetries among media market players and in potential market distortions, to the detriment of equality of opportunities for media service providers in the market.
Amendment 317 #
2022/0277(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 14
Article 2 – paragraph 1 – point 14
(14) ‘'audience measurement’ means the activity of collecting, interpreting or otherwise processing data about the number and characteristics of users of media services, programs or online platforms, to determine the audience size, reach and frequency for the purposes of decisions regarding advertising allocation or prices or the related plannregarding the planning, buying, selling, production or distribution of content;
Amendment 330 #
2022/0277(COD)
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
2. In line with paragraph 1, and in view of ensuring better consumer protection, reducing obstacles in the internal market for media services, ensuring technological neutrality and aiming at giving consumers access to a broad range of information sources as provided by paragraph 1, Member States shall take measures to ensure the appropriate prominence of media services of general interest, based on general principles. This Regulation, Directives 2010/13/EU and 2000/31/EC and Regulation (EU) 2022/2065 shall not affect the competence of Member States and shall be without effect to existing prominence measures.
Amendment 652 #
2022/0277(COD)
Proposal for a regulation
Article 23 – paragraph 1 a (new)
Article 23 – paragraph 1 a (new)
1a. To secure impartiality in measurement, audience measurement should be carried out by independent third parties or self-regulatory bodies. This should be without prejudice to media services providers conducting their own measurements in relation to their content and services.
Amendment 653 #
2022/0277(COD)
Proposal for a regulation
Article 23 – paragraph 1 b (new)
Article 23 – paragraph 1 b (new)
1b. The data shared with an independent third party or an independent body for audience measurement shall be as granular as the data provided by the rest of the media market, which includes non-aggregated data.
Amendment 654 #
2022/0277(COD)
Proposal for a regulation
Article 23 – paragraph 1 c (new)
Article 23 – paragraph 1 c (new)
1c. It is prohibited to engage in any behaviour that undermines effective compliance with the obligations in paragraph 1b whether that behaviour is of a contractual, commercial, technical nature, or by making compliance with legal obligations more burdensome than for its own services.
Amendment 657 #
2022/0277(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Without prejProviders of proprietary audience to the protection of undertakings’ business secrets, provmeasurement systems developed without market governance or outsiders of pEuroprietary audience measurement systemean or national industry standards agreed by the relevant national self- regulatory bodies shall provide, without undue delay and free of costs, to media service providers and, advertisers, and right holders as well as to third parties authorised by media service providers and, advertisers or right holders, accurate, detailed, comprehensive, intelligible and up-to-date information on the data collected and on the methodology used by their audience measurement systems. Right holders should also have access to consumption and performance data collected regarding their programs. This provision shall not affect the Union’s data protection and privacy rules.
Amendment 108 #
2022/0219(COD)
Proposal for a regulation
Article 8 – paragraph 10 – point c a (new)
Article 8 – paragraph 10 – point c a (new)
(c a) The content of the defence products originating from the EU, for all its components, shall represent at least 80% of the value of the defence products commonly procured. No components shall be sourced from non-associated third countries that contravene the security and defence interests of the Union and its Member States, including respect for the principle of good neighbourly relations.
Amendment 132 #
2022/0089(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. The Commission shall scrutinise any application for registration that it receives pursuant to Article 16(1). Such scrutiny shall consist of a check that there are no manifest errors, and that the information provided in accordance with Article 15 is complete and that the single document referred to in Article 13 is precise and technical in nature. It shall take into account the outcome of the national procedure carried out by the Member State concerned. It shall focus in particular on the single document referred to in Article 13.
Amendment 148 #
2022/0089(COD)
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
Amendment 168 #
2022/0089(COD)
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. An opposition shall claim that notice of comments, which will not trigger the aopplicaosition could infringe the conditions laid down in this Regulation, Regulations (EU) No 1308/2013 or (EU) 2019/787, as appropriate, and give reasons. An opposition that does not contain the said claim shall be voidprocedure shall contain additional information or point out any error in relation to the application for registration. It shall not confer any rights on the sender.
Amendment 172 #
2022/0089(COD)
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. The Commission shall check the admissibility of the opposition. If the Commission considers that the opposition is admissible, it shall, within 5 months from the date of publication in the Official Journal of the European Union invite the authority or the person that lodged the opposition and the authority or the applicant producer group that lodged the applicationpplicant to engage in appropriate consultations for a reasonable period that shall not exceed 3 months. At any time during that period, the Commission may, at the request of the authority or the applicant producer group, extend the deadline for the consultations by a maximum of 3 months.
Amendment 182 #
2022/0089(COD)
Proposal for a regulation
Article 19 – paragraph 10
Article 19 – paragraph 10
10. The Commission shall be empowered to adopt delegated acts, in accordance with Article 84 supplementing this Regulation by detailed procedures and deadlines for the opposition procedure, for the official submission of comments by national authorities and persons with a legitimate interest, which will not trigger the opposition procedure and by rules on entrusting its tasks set out in this Article to EUIPO.
Amendment 198 #
2022/0089(COD)
Proposal for a regulation
Article 21 – paragraph 3 – introductory part
Article 21 – paragraph 3 – introductory part
3. The Commission may adopt implementing acts extending the transitional period granted under paragraph (1) up to 15 years, or allowing continued use for up to 15 years, provided it is additionally shown that:
Amendment 216 #
2022/0089(COD)
Proposal for a regulation
Article 23 – paragraph 6
Article 23 – paragraph 6
6. The Commission shall retain documentation related to the registration of a geographical indication in digital or paper form for the period of validity of the geographical indication, and in case of cancellation. In case of cancellation, the documentation is retained for 10 years thereafter.
Amendment 220 #
2022/0089(COD)
Proposal for a regulation
Article 23 – paragraph 7
Article 23 – paragraph 7
Amendment 228 #
2022/0089(COD)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. Where a producer group has been recognised by the national authorities in accordance with Article 33, that group shall be identified as the rights' holdmanager of the geographical indication in the Union register of geographical indications and in the official extract referred to in paragraph (1).
Amendment 242 #
2022/0089(COD)
Proposal for a regulation
Article 25 – paragraph 5
Article 25 – paragraph 5
5. A standtemporardy amendment shall be considered as a temporstandaryd amendment when it concerns a temporary change in the product specification resulting from the imposition of obligatory sanitary and phytosanitary measures by the public authorities or a temporary amendment necessary because of a natural disaster or, adverse weather conditions formally recognised by the competent authorities, or exceptional circumstances or emergencies recognised by the Member State.
Amendment 253 #
2022/0089(COD)
Proposal for a regulation
Article 25 – paragraph 8
Article 25 – paragraph 8
8. If an application for a Union amendment to the product specification of a registered geographical indication also includes standard amendments or temporary amendments, the Commission shall scrutinise the Union amendment only. Any standard amendments or temporary amendments shall be deemed as not having been submitted. The scrutiny of such applications shall focus on the proposed Union amendments. Where appropriate, the Commission or the Member State concerned may invite the applicant to modify other elements of the product specifications.
Amendment 263 #
2022/0089(COD)
Proposal for a regulation
Article 25 – paragraph 10
Article 25 – paragraph 10
Amendment 282 #
2022/0089(COD)
Proposal for a regulation
Article 26 – paragraph 6
Article 26 – paragraph 6
Amendment 291 #
2022/0089(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point a
Article 27 – paragraph 1 – point a
(a) any direct or indirect commercial use of the geographical indication in respect of products not covered by the registration, where those products are comparable to the products registered under that name or where use of a name exploits, weakens, or dilutes, or is detrimental to the reputation of,the protected name, including where those protected nameducts are used as ingredients;
Amendment 293 #
2022/0089(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point b
Article 27 – paragraph 1 – point b
(b) any misuse, imitation or evocation, even if the true origin of the products or services is indicated or if the protected name is translated, transcribed, transliterated or accompanied by an expression such as ‘style’, ‘type’, ‘method’, ‘as produced in’, ‘imitation’, ‘flavour’, ‘like’ or similar., including where those products are used as ingredients;
Amendment 299 #
2022/0089(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. For the purposes of paragraph (1), point (b), the evocation of a geographical indication shall arise, in particular, where a term, sign, or other labelling or packaging device presents a direct and clear link with the product covered by the registered geographical indication in the mind of the reasonably circumspect consumeraverage European consumer who is reasonably well informed and reasonably observant and circumspect, thereby exploiting, weakening, or diluting or being detrimental to the reputation of the registered name.
Amendment 302 #
2022/0089(COD)
Proposal for a regulation
Article 27 – paragraph 3
Article 27 – paragraph 3
Amendment 311 #
2022/0089(COD)
Proposal for a regulation
Article 27 – paragraph 6
Article 27 – paragraph 6
6. Geographical indications protectregistered under this Regulation shall not become generic in the Union.
Amendment 317 #
2022/0089(COD)
Proposal for a regulation
Article 28
Article 28
Amendment 353 #
2022/0089(COD)
Proposal for a regulation
Article 34 – paragraph 3
Article 34 – paragraph 3
Amendment 360 #
2022/0089(COD)
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
2. TUnion trade marks registered in breach of paragraph (1) shall be invalidated by EUIPO and, when applicable, national trade marks registered in breach of paragraph (1) shall be invalidated by the competent national authorities.
Amendment 390 #
2022/0089(COD)
Proposal for a regulation
Article 46 – paragraph 1
Article 46 – paragraph 1
Amendment 401 #
2022/0089(COD)
Proposal for a regulation
Article 47 – paragraph 1 – point a
Article 47 – paragraph 1 – point a
Amendment 405 #
2022/0089(COD)
Proposal for a regulation
Article 47 – paragraph 1 – point b
Article 47 – paragraph 1 – point b
Amendment 407 #
2022/0089(COD)
Proposal for a regulation
Article 47 – paragraph 1 – point c
Article 47 – paragraph 1 – point c
Amendment 412 #
2022/0089(COD)
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
2. No later than 52 years after the first delegation of any tasks to EUIPO, the Commission shall prepare and submit a report to the European Parliament and to the Council on the results and experience of the exercise of these tasks by EUIPO.
Amendment 414 #
2022/0089(COD)
Proposal for a regulation
Article 47 a (new)
Article 47 a (new)
Article 47 a 1. The Commission shall be empowered to adopt delegated acts in accordance with Article 84 supplementing this Regulation by rules on entrusting EUIPO to operate the Union register of geographical indications referred to in Article 23. 2. The Commission shall be empowered to adopt delegated acts in accordance with Article 84 supplementing this Regulation by provisions entrusting EUIPO to establish and manage a domain name information and alert system that would provide the producer group and the Member State from which the Union application for registration was submitted, upon the submission of an application for a geographical indication, with information about the availability of the geographical indication as a domain name and, on optional basis, the registration of a domain name similar or identical to their geographical indication. That delegated act shall also include the obligation for registries of top-level domain names, established in the Union, to provide EUIPO with the relevant information and data.
Amendment 328 #
2022/0051(COD)
Proposal for a directive
Recital 18
Recital 18
(18) The value chain should cover activities related to the production of a good or provision of services by a company, including the development of the product or the service and the use and disposal of the product as well as the related activities of established business relationships of the company. It should encompass upstream established direct and indirect business relationships that design, extract, manufacture, transport, store and supply raw material, products, parts of products, or provide services to the company that are necessary to carry out the company’s activities, and also downstream relationships, including established direct and indirect business relationships, that use or receive products, parts of products or services from the company up to the end of life of the product, including inter alia the distribution of the product to retailers, the transport and storage of the product, dismantling of the product, its recycling, composting or landfilling.
Amendment 623 #
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. 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 630 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
3a. For the purposes of paragraph 2, the due diligence obligations mentioned in Article 4 concern the activities of the value chain generated in the EU.
Amendment 633 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 4 a (new)
Article 2 – paragraph 4 a (new)
4a. 5. In case of a group of companies: (a) the parent company, whether or not it meets the thresholds mentioned in paragraphs 1 or 2, may perform the obligations laid down in Article 4 as well as in Article 15 and 16 on behalf of its subsidiaries which meet the said thresholds; (b) the subsidiaries shall be deemed in compliance with the obligations laid down in Article 4 where their parent company includes those subsidiaries in its due diligence corporate policy, and shall be deemed in compliance with the obligations laid down in Article 15 where their parent company includes those subsidiaries in the plan mentioned in Article 15(1). In this case, subsidiaries shall not be subject to Article 16.
Amendment 653 #
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 654 #
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 712 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) ‘established business relationship’ means a business relationship, whether direct or indirect, which is, or which is expected to be lasting, in view of its intensity or duration and which does not represent a negligible or merely ancillary part of the value chain;has been lasting for more than one year and is or is expected to be significant for the company's operations or turnover according to criteria determined and disclosed by the company.
Amendment 732 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) ‘value chain’ means activities related to the production of goods or the provision of services by a company, including the development of the product or the service and the use and disposal of the product as well as the related activities of upstream and downstream established business relationships of the company. As regards companies within the meaning of point (a)(iv), ‘value chain’ with respect to the provision of these specific services shall only include the activities of the clients receiving such loan, credit, and other financial services and of other companies belonging to the same group whose activities are linked to the contract in question. The value chain of such regulated financial undertakings does not cover SMEs receiving loan, credit, financing, insurance or reinsurance of such entities;
Amendment 782 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point p – point i (new)
Article 3 – paragraph 1 – point p – point i (new)
(i) ‘Group’ means a parent company and all its subsidiary undertakings as defined by Article 2 of the Directive 2013/34/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EE;
Amendment 786 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point q
Article 3 – paragraph 1 – point q
(q) ‘appropriate measure’ means a measure that is capable of achieving the objectives of due diligence, commensurate with the degree of severity and the likelihood of the adverse impact, and reasonably available to the company, taking into account the circumstances of the specific case, including characteristics of the economic sector and of the specific business relationship and the company’s influence thereof, and the need to ensure prioritisation of action;
Amendment 824 #
2022/0051(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall ensure that, The Commission guidelines referred to in Article 13 provide indications, for the purposes of due diligence, on how and to which extend companies are entitled to share resources and information within their respective groups of companies and with other legal entities in compliance with applicable competition law.
Amendment 881 #
2022/0051(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall ensure that companies take appropriate measures to identify actual and potential severe adverse human rights impacts and adverse environmental impacts arising from their own operations or those of their subsidiaries and, where related to their value chains, from their established business relationships, in accordance with paragraph 2, 3 and 4.
Amendment 897 #
2022/0051(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. By way of deroTo comply with the obligation froms of paragraph 1, companies referred to in Article 2(1), point (b), and Article 2(2), point (b), shall only be required to identifyshall be allowed to prioritise actual and potential severe adverse human rights impacts, and actual and potential severeenvironmental adverse impacts relevant to the respective sector mentioned in Article 2(1), point (b), following a risk-based approach evaluation taking into account both the severity and the likelihood of the impact.
Amendment 926 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that companies take appropriate measures to prevent, or where prevention is not possible or not immediately possible, adequately mitigate severe potential adverse human rights impacts and adverse environmental impacts that have been, or should have been, identified pursuant to Article 6, in accordance with paragraphs 2, 3, 4 and 5 of this Article.
Amendment 948 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) seek contractual assurances from a business partner with whom it has a direct business relationship that it will ensure compliance with the company’s code of conduct andde , as necessary, a prevention action plan, including by seeking corresponding contractual assurances from its partners, to the extent that their activities are part of the company’s value chain (contractual cascading). When such contractual assurances are obtained, paragraph 4 shall apply;
Amendment 971 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. As regards potential adverse impacts that could not be prevented or adequately mitigated by the measures in paragraph 2, the company may seek to conclude a contract with a partner with whom it has an indirect relationship, with a view to achieving compliance with the company’s code of conduct or a prevention action plan. When such a contract is concluded, paragraph 4Article 8 shall apply.
Amendment 974 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
Amendment 975 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 4 – subparagraph 1
Article 7 – paragraph 4 – subparagraph 1
Amendment 983 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 4 – subparagraph 2
Article 7 – paragraph 4 – subparagraph 2
Amendment 989 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
Amendment 991 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 5 – subparagraph 1
Article 7 – paragraph 5 – subparagraph 1
Amendment 994 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 5 – subparagraph 1 – point a
Article 7 – paragraph 5 – subparagraph 1 – point a
Amendment 997 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 5 – subparagraph 1 – point b
Article 7 – paragraph 5 – subparagraph 1 – point b
Amendment 1005 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 5 – subparagraph 2
Article 7 – paragraph 5 – subparagraph 2
Amendment 1012 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 6
Article 7 – paragraph 6
Amendment 1020 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall ensure that companies take appropriate measures to bring actual severe adverse impacts that have been, or should have been, identified pursuant to Article 6 to an end, in accordance with paragraphs 2 to 6 of this Article.
Amendment 1023 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. To comply with the obligations of paragraph 1, companies shall be allowed to prioritise actual severe adverse impacts, following a risk-based approach evaluation taking into account both the severity and the likelihood of the impact.
Amendment 1088 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 1 – introductory part
Article 8 – paragraph 6 – subparagraph 1 – introductory part
As regards actual adverse impacts within the meaning of paragraph 1 that could not be brought to an end or the extent of which could not be minimised by the measures provided for in paragraphs 3, 4 and 5, the company shall refrain from entering into new or extending existing relations with the partner in connection to or in the value chain of which the impact has arisen and shall, where the law governing their relations so entitles themenvisage while taking into account potential social and economic adverse impacts related to its decision, to, take one of the following actions:
Amendment 1103 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 1 – point b a (new)
Article 8 – paragraph 6 – subparagraph 1 – point b a (new)
(ba) refrain from entering into new or extending existing relations with the partner in connection to or in the value chain of which the impact has arisen,
Amendment 1110 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 2
Article 8 – paragraph 6 – subparagraph 2
Amendment 1125 #
2022/0051(COD)
Proposal for a directive
Article 8 a (new)
Article 8 a (new)
Article 8a Bringing actual adverse impacts to an end When adverse impacts result from domestic laws which are in conflict with international conventions listed in the annex, the company should seek ways to respect these conventions to the extent possible which does not place it in violation of domestic law.
Amendment 1135 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall ensure that companies provide the possibility for persons and organisations listed in paragraph 2 to submit complaints to them where they have legitimate and substantiated concerns regarding actual or potential adverse human rights impacts and adverse environmental impacts with respect toarising from their own operations, the operations of their subsidiaries and their value chainor those of their value chains, from their established business relationships.
Amendment 1161 #
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 concernedfor the company, its subsidiaries or, where related to its value chains, its established business relationships,
Amendment 1172 #
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 under the condition that they provide transparency on their websites on the interests they represent, their funding, governance, prevention and management of conflicts of interest.
Amendment 1175 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 1181 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
Amendment 1182 #
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 complainants are entitledArticle 4 paragraph 2 shall apply to companies procedures.
Amendment 1191 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 4 – point a
Article 9 – paragraph 4 – point a
Amendment 1196 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 4 – point b
Article 9 – paragraph 4 – point b
Amendment 1355 #
2022/0051(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Member States shall ensure that the supervisory authorities have adequate powers and resources to carry out the tasks assigned to them under this Directive, including the power to request information and carry out investigations related to compliance with the obligations set out in this Directive. and provide information and support to companies and the partners with whom they have established business relationships in their value chains in their efforts to fulfil the obligations resulting from this Directive;
Amendment 1390 #
2022/0051(COD)
Proposal for a directive
Article 18 – paragraph 6
Article 18 – paragraph 6
Amendment 1401 #
2022/0051(COD)
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Member States shall ensure that natural and legal persons are entitled to submit substantiated concerns to any supervisory authority when they have reasons to believe, on the basis of objective circumstances, that a company is failing to comply with the national provisions adopted pursuant to Articles 4 and 14 of this Directive (‘substantiated concerns’).
Amendment 1422 #
2022/0051(COD)
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Member States shall lay down the rules on sanctions including pecuniary sanctions applicable to infringements of national provisions adopted pursuant to this Directive, and shall take all measures necessary to ensure that they are implemented. The sanctions provided for shall be effective, proportionate and dissuasive.
Amendment 1432 #
2022/0051(COD)
Proposal for a directive
Article 20 – paragraph 2
Article 20 – paragraph 2
2. In deciding whether to impose sanctions and, if so, in determining their nature and appropriate level, due account shall be taken of: the gravity and duration of the infringement; the company’s efforts to comply with any remedial action required of them by a supervisory authority, any investments made and any targeted support provided pursuant to Articles 7 and 8, as well as collaboration with other entities to address adverse impacts in its value chains, as the case may be; previous infringements by the person responsible for the infringement; and measures taken by the company responsible for the infringement to prevent its repetition.
Amendment 1441 #
2022/0051(COD)
Proposal for a directive
Article 20 – paragraph 3
Article 20 – paragraph 3
Amendment 1473 #
2022/0051(COD)
1. Member States shall ensure that companies are liable for damages caused by direct business relationships if:
Amendment 1474 #
2022/0051(COD)
Proposal for a directive
Article 22 – paragraph 1 – point a
Article 22 – paragraph 1 – point a
(a) they failed to comply with the obligations laid down in Articles 7 and 8 andtake appropriate measures as defined in Article 3 q;
Amendment 1488 #
2022/0051(COD)
Proposal for a directive
Article 22 – paragraph 1 – point b – point i (new)
Article 22 – paragraph 1 – point b – point i (new)
i) Member States shall ensure that companies can not be held liable for damages caused by indirect business relationships.
Amendment 1500 #
2022/0051(COD)
Proposal for a directive
Article 22 – paragraph 2 – subparagraph 1
Article 22 – paragraph 2 – subparagraph 1
Notwithstanding paragraph 1, Member States shall ensure that where a company has taken the actions referred to in Article 7(2), point (b) and Article 7(4), or Article 8(3), point (c), and Article 8(5), it shall not be liable for damages caused by an adverse impact arising as a result of the activities of an in direct partner with whom it has an established business relationship, unless it was unreasonable, in the circumstances of the case, to expectis proven that the actions actually taken, including as regards verifying compliance, would be were, in the circumstances of the case, clearly inadequate to prevent, mitigate, bring to an end or minimise the extent of the adverse impact.
Amendment 1534 #
2022/0051(COD)
Proposal for a directive
Article 22 – paragraph 5
Article 22 – paragraph 5
Amendment 128 #
2022/0047(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Physical products that obtain, generate or collect, by means of their components, data concerning their performance, use or environment and that are able to communicate that data via a publicly available electronic communications service (often referred to as the Internet of Things) should be covered by this Regulation with the exception of prototypes. Electronic communications services include land- based telephone networks, television cable networks, satellite-based networks and near-field communication networks. Such products may include vehicles, home equipment and consumer goods, medical and health devices or agricultural and industrial machinery. The data represent the digitalisation of user actions and events and should accordingly be accessible to the user, while information derived or inferred from this data, where lawfully held, should not be considered within scope of this Regulation. Such data are potentially valuable to the user and support innovation and the development of digital and other services protecting the environment, health and the circular economy, in particular though facilitating the maintenance and repair of the products in question. Information derived or inferred from this data, where lawfully held, should not be considered within scope of this Regulation, nor any data that is subject to an intellectual property right, except on the basis of a data sharing agreement. Products design-related data, meaning data related to the internal functioning and design of the product can expose industry’s core know-how and intellectual property. Such data should therefore be excluded from the scope of the Regulation. Data that is constitutive of a trade secret should only be made available to a data user or third party upon prior consent of the trade secret holder and if all the necessary measures to protect the confidentiality of the trade secrets have been taken by the third party.
Amendment 132 #
2022/0047(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Data generated by the use of a product or related service include data recorded intentionally by the user. Such data include also data generated as a by- product of the user’s action, such as diagnostics data, and without any action by the user, such as when the product is in ‘standby mode’, and data recorded during periods when the product is switched off. Such data should include data that is already accessible to the data holder in the form and format in which they are generated by the product, but not pertain to data resulting from any software process that calculates derivative data from such data as such software process may be subject to intellectual property rights. Products design-related data is excluded from scope of this Regulation.
Amendment 191 #
2022/0047(COD)
Proposal for a regulation
Article 1 – paragraph 4 a (new)
Article 1 – paragraph 4 a (new)
4 a. This Regulation shall not affect data that is subject to an intellectual property right. Accordingly, inferred data or derived data resulting from any software process that calculates derivative data from such data, as well as functional system data should not be considered within scope of this Regulation.
Amendment 227 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 20 a (new)
Article 2 – paragraph 1 – point 20 a (new)
Amendment 253 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
(12) ‘data processcloud computing service’ means a digital service other than an online content service as defined in Article 2(5) of Regulation (EU) 2017/1128, provided to a customer, which enables on-demand administration and broad remote access to a scalable and elastic pool of shareable computing resources of a centralised, distributed or highly distributed natureservice enabling ubiquitous, scalable, elastic and on-demand network access to a shared pool of configurable computing resources of a centralised, distributed or highly distributed nature, limited to infrastructural elements such as servers, networks and the virtual resources necessary for operating the infrastructure, but that do not provide access to the operating services, software and applications that are stored, otherwise processed, or deployed on those infrastructural elements, provided to a customer that can be rapidly provisioned and released with minimal management effort or service provider interaction;
Amendment 259 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 13 a (new)
Article 2 – paragraph 1 – point 13 a (new)
(13a) ‘cloud computing service data portability’ means the ability of the cloud service to move and suitably adapt its exportable data between the customer’s cloud services, including in different deployment models;
Amendment 262 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 13 b (new)
Article 2 – paragraph 1 – point 13 b (new)
(13b) 'cloud computing service switching' or 'switching' means the process where a cloud service customer suitably changes from using one cloud computing service to using a second equivalent service offered by a different provider of cloud computing services, involving the provider of source cloud computing services, the customer and the provider of destination cloud computing services.
Amendment 265 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 13 c (new)
Article 2 – paragraph 1 – point 13 c (new)
(13c) ‘exportable data’ means the output data directly generated by the customer’s use of the cloud computing service in an available mutually agreed format, excluding any cloud computing service provider's or third party assets or data covered by intellectual property rights, trade secrets or confidential information.
Amendment 269 #
2022/0047(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Trade secrets shall only be disclosed provided that all specific necessary measures are taken to preserve the confidentiality of trade secrets in particular with respect to third parties. Tand data subject to intellectual property rights shall never be disclosed without the prior consent of the trade secret holder or intellectual property rights holder. The trade secret holder, the data holder and the user can agree measures to preserve the confidentiality of the shared data, in particular in relation to third parties. The trade secret holder or intellectual property rights holder shall identify the data which are protected.
Amendment 304 #
2022/0047(COD)
Proposal for a regulation
Article 5 – paragraph 8
Article 5 – paragraph 8
8. Trade secrets shall onlynever be disclosed to third parties without the prior consent of the trade secret holder or intellectual property right holder, and only to the extent that they are strictly necessary to fulfil the purpose agreed between the user and the third party and that all specific necessary measures agreed between the datatrade secret holder or intellectual property right holder and the third party are taken by the third party to preserve the confidentiality of the trade secret. In such a case, the nature of the data as trade secrets and the measures for preserving the confidentiality shall be specified in the agreement between the data holder and the third partyThe trade secret holder or intellectual property right holder shall identify the data which are protected.
Amendment 423 #
2022/0047(COD)
Proposal for a regulation
Article 21 – paragraph 4 a (new)
Article 21 – paragraph 4 a (new)
4 a. Disclosure of trade secrets or alleged trade Secrets or intellectual property rights to individuals or organisations receiving the data pursuant to paragraph 1 shall only be required to the extent that it is strictly necessary to achieve the purpose of the request, provided that all specific necessary measures required by the trade secret holder or intellectual property rights holder are taken to preserve the confidentiality of trade secrets, in particular with respect to the third parties, and shall always require the consent of the trade secret holder or intellectual property rights holder. The data holder and individuals or organisations receiving the data pursuant to paragraph 1 can agree measures to preserve the confidentiality of the shared data, in particular in relation to third parties.
Amendment 485 #
2022/0047(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point c
Article 23 – paragraph 1 – point c
(c) porting its data, applications and other digital assetsexportable data to another provider of data processing services;.
Amendment 502 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a – introductory part
Article 24 – paragraph 1 – point a – introductory part
(a) clauses allowing the customer, upon request, to sand in accordance witch to a data processhe contractual agreement in place, to switch to a cloud computing service offered by another provider of data processcloud computing services or to port all data, applications and digital assets generated directly or indirectly by the customer to an on-premise system, in particular the establishment of a mandatory maximum transition period of 30 calendar dexportable data to an on-premise system, without undue delays, during which the data processprovider of cloud computing service providers shall:
Amendment 535 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point c
Article 24 – paragraph 1 – point c
(c) a minimum period for data retrieval of at least 30 calendar days that may be amended by mutual agreement, starting after the termination of the transition period that was agreed between the customer and the service provider of cloud computing services, in accordance with paragraph 1, point (a) and paragraph 2.
Amendment 551 #
2022/0047(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. From [date X+3yrs], onwards, providers of data processcloud computing services shall not impose any charges on the customers who are consumers for the switching process.
Amendment 563 #
2022/0047(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. From [date X, the date of entry into force of the Data Act] until [date X+3yrs], providers of data processcloud computing services may impose reduced charges on the customers who are consumers for the switching process.
Amendment 569 #
2022/0047(COD)
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. The charges referred to in paragraph 2 shall not exceed the costs incurred by the provider of data processcloud computing services that are directly linked to the switching process and shall be associated with mandatory operations that the provider of cloud computing processing services must perform as part of the switching process concerned.
Amendment 588 #
2022/0047(COD)
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
3. For data processProviders of cloud computing services otshall, where than those covered by paragraph 1, providers of data processing services shallechnically feasible without hindering their security standards, ensure compatibility with open interoperability specifications or European standards for interoperability that are identified in accordance with Article 29(5) of this Regulation.
Amendment 50 #
2021/2229(INL)
Annex to the motion for a legislative resolution
resolution 1. The number of representatives in the European Parliament elected in each Member State for the 2024-2029 parliamentary term is set as follows: Belgium 213 Bulgaria 17 Czech Republic 21 Denmark 15 Germany 96 Estonia 78 Ireland 145 Greece 21 Spain 61 France 7981 Croatia 12 Italy 76 Cyprus 6 Latvia 9 Lithuania 11 Luxembourg 6 Hungary 21 Malta 6 Netherlands 31 Austria 20 Poland 523 Portugal 21 Romania 33 Slovenia 9 Slovakia 15 Finland 15 Sweden 21
Amendment 9 #
2021/2040(INI)
Motion for a resolution
Recital C
Recital C
C. whereas, despite the lack of comprehensive data on its full impact, the TSD is still effective in guaranteeing the free movement of toys in the Single Market and the number of companies operating in the market since the full application of the TSD increased by 10 % from 2013 to 2017, while the turnover of the EU toy industry has constantly increased since its entry into force; whereas 99 % of companies in the sector are SMEs;
Amendment 21 #
2021/2040(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Acknowledges the added value of the TSD in improving the safety of children and ensuring an equal high level of protection across the single market, compared to the previous directive, and its role in providing legal certainty and a level playing field for businesses;
Amendment 29 #
2021/2040(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes, however, that inconsistencies that call for a revision of the TSD remain and therefore asks the Commission to foresee an exhaustive impact assessment in order to check if and how these inconsistencies could be addressed;
Amendment 42 #
2021/2040(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that spreading out requirements across several pieces of legislation, and providing for different limit values, can be is burdensome and can in some caseseven necessitate duplicate the measuring of substances, as in the case of migration and content limit values; calls on the Commission, therefore, to consider consolidating all applicable limits for toys in one piece of legislation in order to streamline conformity assessment and make it more easy and less burdensome to comply with the requirements;
Amendment 47 #
2021/2040(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Considers that the derogation from the prohibition of chemicals that are carcinogenic, mutagenic or toxic to reproduction (CMRs) set out in the TSD allows for the presence of those chemicals in concentrations that arppear to be too high to ensure the protection of children; calls on the Commission to urgently to substantially reduce the generic limits for derogated CMRs in the TSD; insists that, in line with the Chemicals Strategy for Sustainability, the possibility toconduct an impact assessment in order to analyse if the derogateion from the rules on the presence of CMRs in parts of the toy that are inaccessibleinaccessibility of CMRs to the child should be deleted;
Amendment 52 #
2021/2040(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Underlines that lower limit values for chemicals such as nitrosamines and nitrosatable substances set out at national level compared to those established in the TSD create inconsistencies, even when justified by the Commission; notes, however, that all EU children should enjoy the same high level of protection; acknowledges that this limit value cannot be amended by an implementing act but would require a legislative procedure; calls on the Commission, therefore, to adapt the limit valueconduct an exhaustive impact assessment before its revision of the TSD analysing, if the limit value needs to be adapted to the strictest value in force at national level in a revision of the TSD;
Amendment 67 #
2021/2040(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Is concerned that the stricter provisions for chemicals in toys intended for children aged under 36 months do not take into account the fact that older children remain vulnerable to dangerous substances; notes that this distinction can result in manufacturers circumventing the provisions by indicating that the toy is intended for children above 36 months even when it is clearly not the case; stresses that several stakeholders and Member States have indicated thatcalls on the Commission, therefore, to analyse this distinction is clearly inadequate and asked for it to be eliminated; calls on the Commission, therefore, to do so in itssue within the impact assessment to the revision of the TSD;
Amendment 74 #
2021/2040(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes that the TSD contains an obligation for Member States to perform market surveillance underthe competent authority of the Member States to take due account of the precautionary principle, test toys on the market and verify manufacturers’ documentation with a view to withdrawing unsafe toys and taking action against those responsible for placing them on the market; is concerned that the effectiveness of market surveillance under the TSD is limited, putting the health and safety of children at risk and undermining the level playing field for economic operators that comply with the legislation, to the benefit of rogue traders, who do not;
Amendment 80 #
2021/2040(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Welcomes the adoption of Regulation (EU) 2019/1020, which aims to improve market surveillance by strengthening controls by national authorities to ensure that products entering the single market, including toys, are safe and comply with the rules, and calls on the Member States to implement it fullycorrectly and on time and to set minimum sampling rates for checks, so that effective enforcement of the TSD can be ensured;
Amendment 90 #
2021/2040(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission to explore possibilities for using new technologies such as blockchain and artificial intelligence to detect unsafe products and facilitate the work of market surveillance authorities by providing easily accessible and, structured and, if possible, digital information on products and their traceability in the supply chain;
Amendment 98 #
2021/2040(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Member States to step up coordination of their market surveillance activities; Underlines that an efficient market surveillance is essential in order to detect unsafe toys and calls therefore on the Member States to increase the resources, provide modern equipment to and properly staff their market surveillance authorities and custom authorities and to step up coordination and cooperation among them, including at cross-border level, so that a swift transfer of information on unsafe toys can be enabled;
Amendment 104 #
2021/2040(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Highlights that in order to detect unsafe toys more efficiently the market surveillance authorities should carry out mystery shopping also on online marketplaces on a regular basis and at least once a year in particular because toys are the products that are notified the most on the Safety Gate (RAPEX);
Amendment 107 #
2021/2040(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
Amendment 108 #
2021/2040(INI)
Motion for a resolution
Paragraph 16 c (new)
Paragraph 16 c (new)
16 c. Encourages the use of new technologies such as AI and blockchain by market surveillance authorities to ensure that data analytics can be used to mitigate risk and improve compliance with the TSD;
Amendment 113 #
2021/2040(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Is concerned by the new vulnerabilities and risks posed by connected toys; calls on the Commission to explore different options for action, such as extending the scope of the TSD to include provisions on information security or reinforcing the relevant horizontal legislation, such as the Radio Equipment Directive and the Cybersecurity Act, as well as the GDPR, while keepinvolving Parliament informed of its choices;
Amendment 117 #
2021/2040(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Encourages producers of connected toys to integrate safety and security mechanisms by design;
Amendment 118 #
2021/2040(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17 b. Is concerned that consumers respond poorly to recalls, and that unsafe toys continue to be used by children even though they have been recalled; asks therefore the Commission to publish guidelines on recall procedures, including a check list with concrete requirements and asks the online marketplaces to establish effective mechanisms to make sure they can reach their users, buyers and sellers in order to inform them as quickly as possible when recalls are necessary and to increase the number of consumers reached by the recalls;
Amendment 122 #
2021/2040(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Highlights that the development of e-commerce benefits the consumers but also poses challenges for market surveillance authorities in ensuring the compliance of products sold online; notes that many products bought online fail to conform to EU safety requirements and is concerned by the high number of dangerous toys sold online;
Amendment 130 #
2021/2040(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Stresses that online marketplaces should take additional steps tocan play a tremendous role in limiting the circulation of unsafe toys and therefore they should be obliged to take more responsibility in ensureing the safety and compliance of toys sold on their platforms by consulting the Safety Gate (RAPEX) system before placing a toy on their platform, removing toys identified as unsafe by the Safety Gate (RAPEX) immediately, taking measures to stop them from reappearing and cooperating effectively with the market surveillance authorities; insists in the strongest terms, in this sense, that it is fundamental to ensure consistency between different instruments such as the Digital Services Act and the future legislative act revising the GPSD when it comes to the responsibility of online marketplaces, under the principle ‘what is illegal offline is illegal online’;
Amendment 137 #
2021/2040(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20 a. Urges the Commission to require online marketplaces to introduce a link to the Safety Gate (RAPEX) on their websites so as to raise awareness about this platform and to modernise the Safety Gate (RAPEX) system in order to also allow better and quicker identification of unsafe toys by the online marketplaces;
Amendment 144 #
2021/2040(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Considers that a regulation would be more effective, as it would be applicable at the same time in all Member States; calls on the Commission, since the TSD acts as a de facalls on the Commission to analyse in its revision of the TSD if the directive should be converted into a regulation, to take the chance offered by its revision to convert it into a regulation in order to enhance its effectiveness and efficiency;
Amendment 146 #
2021/2040(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Considers it essential to provide for a broader scope for amendments in the future revision, includinghat the Commission effects a solid impact assessment to analyse if and how mechanical and physical requirements in particular for children under 36 months, limit values for nitrosamines, labelling provisions for allergenic fragrances and CMRs could be inserted in the future revision of the TSD;
Amendment 152 #
2021/2040(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls onHighlights that the guidance documents from the Commission are helpful to clarify if the definition of ‘grey zone’ productproduct is a toy or not, but that there are still products within the ‘grey zone’ and therefore calls on the Commission to solve this problem within the definition of toys in the future revision of the TSD;
Amendment 159 #
2021/2040(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Calls on the Commission to introduce mandatory labelling for toys, providing the consumer at the time of purchase with clear, easily understandable and comparable information on a toy’s estimated lifetime, the extent to which it is reparable and the availability of spare parts, including, where relevant, the availability of the necessary software, and setting out options for repairanalyse whether the durability and reparability of toys can influence their safety;
Amendment 167 #
2021/2040(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Highlights that the lack of consistent EU-wide statistics on toy-related accidents makes it impossibledifficult to quantitatively assess the level of protection granted by the TSD; believes that a lack of coordination and funding at EU level is a root cause of the absence of consistent data and calls onproposes to the Commission to addressuse thise in a future revision through the establishment of a pan-European accident and injury databasedicators and data gathered from ICSMS, RAPEX and joint actions to assess the efficiency of the TSD;
Amendment 3 #
2021/2025(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that the Union is founded on the values enshrined in Article 2 of the TEU and without prejudice to Article 5 of the Treaty on European Union (TEU) and in a respect of Article 4 TEU and the principles of subsidiarity and proportionality;
Amendment 17 #
2021/2025(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Reminds that the principle of legal certainty is essential to the confidence in the judicial systems and the rule of law. It is also essential to productive business arrangements to generate development and economic progress.
Amendment 30 #
2021/2025(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Is deeply preoccupied by the fact that judicial independence continues to be a subject of serious concern in some Member States; expresses its regreTakes note of the fact that Hungary and Poland lodged an action for annulment of Regulation (EU, Euratom) 2020/2092 on a general regime of conditionality for the protection of the Union budget in March 2021, which aims to address breaches of the rule of law with an impact on the Union’s financial interests;
Amendment 36 #
2021/2025(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Stresses that the Rule of Law Conditionality Regulation has entered into force and is binding in its entirety for all commitment appropriations and payment appropriations in all Member States and for the EU institutions; underlines the importance of the direct applicability of the Regulation since 1 January 2021, particularly in the context of the disbursement of the Next Generation EU funds, which will occur early in the budget cycle;
Amendment 41 #
2021/2025(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Considers that the periodic review of the rule of law is of great significance and commends the efforts of the Commission to encourage structural reforms in the areas covered by the Report; believes, however, that while it is an essential monitoring tool, clear recommendations on the challenges identified and the required follow-up action is indispensable; urges the Commission to make robust use of infringement procedures where appropriate, to prevent backsliding on the rule of law in national justice systems and urges the Council to resume all pending procedures under Article 7(1) of the TFEU and to inform the Parliament thereof;
Amendment 47 #
2021/2025(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Believes that a tight cooperation with the Venice Commission of the Council of Europe is of great importance in order to receive concrete recommendations on how to improve the rule of law in the EU;
Amendment 48 #
2021/2025(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Notes with satisfaction that the Report contains separate national chapters attempting to lay down a common methodology; calls on the Commission, however, to provide a meaningful comparison between the different national justice systems, to underline where best practices for comparable systems might be applied and how similar deficiencies could be addressed;
Amendment 65 #
2021/2025(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Underlines that hearings must be objective, fact-based and transparent, and that the Member States concerned must cooperate in good faith throughout the process in accordance with the principle of sincere cooperation enshrined in Article 4(3)of the TEU.
Amendment 155 #
2021/2017(INI)
Motion for a resolution
Paragraph 9 c (new)
Paragraph 9 c (new)
9c. Points to the European Council conclusions of 27 November 2020 on the on safeguarding a free and pluralistic media system, which stress that 'territorial and exclusive allocation of licensing rights can often be crucial for the audiovisual media sector'; views the principle of territoriality as one of the cornerstones of the European audiovisual industry, not least when it comes to funding audiovisual works and protecting copyright, but also as regards cultural diversity; believes that maintaining the principle of territoriality will prevent the concentration of dominant players on the market, which would be detrimental to alternative and independent offers;
Amendment 151 #
2021/2007(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Highlights that a strong and efficient patent protection is essential in order to incentivise research and production of innovative products including new medicines;
Amendment 70 #
2021/0394(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) The European Commission and Member States shall ensure that justice professionals are involved in the definition of the digital processes concerning them.
Amendment 313 #
2021/0170(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
2. ‘safe product’ means any product which, under normal or reasonably foreseeable conditions of use or misuse, including the actual duration of use, does not present any risk or only the minimum risks compatible with the product's use, considered acceptable and consistent with a high level of protection of health and safety of consumers;
Amendment 330 #
2021/0170(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 16
Article 3 – paragraph 1 – point 16
16. ‘end user’ means any natural or legal person residing or established in the Union, to whom a product has been made available either as a consumer outside of any trade, business, craft or profession or as a professional end user in the course of its industrial or professional activities;.
Amendment 332 #
2021/0170(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 23
Article 3 – paragraph 1 – point 23
23. ‘recall’ means any measure aimed at achieving the return of a dangerous product that has already been made available to the consumer;
Amendment 361 #
2021/0170(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) the effect on other products, where it is reasonably foreseeable intended that it will be used with other products, including the interconnection of products among them;
Amendment 363 #
2021/0170(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) the effect that other products might have on, which are intended to be used with the product to be assessed, including the effect of non-embedded items that are meant to determine, change or complete the way another product falling under the scope of this Regulation works, which have to be taken into consideration in assessing the safety of that other product;
Amendment 369 #
2021/0170(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point f
Article 7 – paragraph 1 – point f
(f) the appearance of the product and in particular where a product, although not foodstuff, resembles foodstuff and is likely to be confused with foodstuff due to its form,the following cumulative criteria: odour, colour, appearance, packaging, labelling, volume, and size or other characteristics;
Amendment 376 #
2021/0170(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point h
Article 7 – paragraph 1 – point h
(h) the appropriate cybersecurity features necessary to protect the product against external influences, including malicious third parties, when such an influence might reasonably be expected to have an impact on the safety of the product;
Amendment 394 #
2021/0170(COD)
Proposal for a regulation
Article 8 – paragraph 2 – introductory part
Article 8 – paragraph 2 – introductory part
2. Manufacturers shall investigate the complaints received that concern products they made available on the market, and which have been identified as dangerous by the complainant, and shall keep a register of these complaints as well as of product recalls. Complaints that have been refuted by a retest shall be removed from the register.
Amendment 430 #
2021/0170(COD)
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. Manufacturers shall ensure that their products bear a type, batch or serial number or other element allowing the identification of the product which is easily visible and legible for consumers, or, where the size or nature of the product does not allow it, that the required information is provided onn the product, the packaging or in a document accompanying the product.
Amendment 435 #
2021/0170(COD)
Proposal for a regulation
Article 8 – paragraph 7
Article 8 – paragraph 7
7. Manufacturers shall indicate their name, registered trade name or registered trade mark and the postal and electronic address at which they can be contacted on the product or, where that is not possible, on its packaging or in a document accompanying the product. The address shall indicate a single contact point at which the manufacturer can be contacted.
Amendment 522 #
2021/0170(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. In addition to the tasks referred to in Article 4(3) of Regulation (EU) 2019/1020, the economic operator referred to in Article 4(1) of Regulation (EU) 2019/1020 shall periodically carry out sample testing of randomly chosen products made available on the market. When the products made available on the market have been subject to a Commission decision adopted under Article 26(1) of this Regulation, the economic operator referred to in Article 4(1) of Regulation (EU) 2019/1020 shall carry out, at least once a year, for the entire duration of the decision, representative sample testing of products made available on the market chosen under the control of a judicial officer or any qualified person designated by the Member State where the economic operator is situated.
Amendment 528 #
2021/0170(COD)
Proposal for a regulation
Article 15 – paragraph 3 a (new)
Article 15 – paragraph 3 a (new)
3 a. In the case where the name and address of the economic operator referred to in Article 4(1) of Regulation 2019/1020 is indicated on the product, its packaging or in an accompanying document, the obligations referred to in Article 8.7 and Article 10.3 should not apply.
Amendment 538 #
2021/0170(COD)
Proposal for a regulation
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
2 a. In drafting any delegated act concerning traceability systems, the Commission shall be assisted by an expert group to advise the Commission and discuss possible proposals.
Amendment 540 #
2021/0170(COD)
Proposal for a regulation
Article 17 – paragraph 3 – point c
Article 17 – paragraph 3 – point c
Amendment 639 #
2021/0170(COD)
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
Amendment 37 #
2021/0136(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) In line with Directive (EU) 2019/882222, persons with disabilities should be able to use the European digital identity wallets, trust services and end-user products used in the provision of those services on an equal basis with other users. A judicial authority should be able to appoint a trusted third party for users' wallets. The Member States shall set arrangements for the use of European digital wallets by trusted third parties. _________________ 22 Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70).
Amendment 43 #
2021/0136(COD)
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) The Member States shall lay down arrangements for the use of European digital wallets by children.
Amendment 47 #
2021/0136(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) Any entity that collects, creates and issues attested attributes such as diplomas, licences, certificates of birth should be able to become a provider of electronic attestation of attributes and be responsible for cancelling them. Relying parties should use the electronic attestations of attributes as equivalent to attestations in paper format. Therefore, an electronic attestation of attributes should not be denied legal effect on the grounds that it is in an electronic form or that it does not meet the requirements of the qualified electronic attestation of attributes. To that effect, general requirements should be laid down to ensure that a qualified electronic attestation of attributes has the equivalent legal effect of lawfully issued attestations in paper form. However, those requirements should apply without prejudice to Union or national law defining additional sector specific requirements as regards form with underlying legal effects and, in particular, the cross-border recognition of qualified electronic attestation of attributes, where appropriate. Member States shall involve professional organisations in laying down attributes that concern them.
Amendment 63 #
2021/0136(COD)
Proposal for a regulation
Article premier – paragraph 1 – point 3 – point i
Article premier – paragraph 1 – point 3 – point i
Regulation (EU) No 910/2014
Article 3 – paragraph 1 – point 46
Article 3 – paragraph 1 – point 46
Amendment 67 #
2021/0136(COD)
Proposal for a regulation
Article premier – paragraph 1 – point 3 – point i
Article premier – paragraph 1 – point 3 – point i
Regulation (EU) No 910/2014
Article 3
Article 3
(55a) A 'trusted third party' shall be a natural person designated by a judicial authority as part of establishing legal protection arrangements, who may use European digital wallets on behalf of their holder.
Amendment 90 #
2021/0136(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) In line with Directive (EU) 2019/88222, persons with disabilities should be able to use the European digital identity wallets, trust services and end-user products used in the provision of those services on an equal basis with other users. A judicial authority should be able to appoint a trusted third party for users' wallets. The Member States shall set arrangements for the use of European digital wallets by trusted third parties. _________________ 22 Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70).
Amendment 92 #
2021/0136(COD)
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18 a) The Member States should lay down arrangements for the use of European digital wallets by children.
Amendment 97 #
2021/0136(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) Any entity that collects, creates and issues attested attributes such as diplomas, licences, certificates of birth should be able to become a provider of electronic attestation of attributes and be responsible for cancelling them. Relying parties should use the electronic attestations of attributes as equivalent to attestations in paper format. Therefore, an electronic attestation of attributes should not be denied legal effect on the grounds that it is in an electronic form or that it does not meet the requirements of the qualified electronic attestation of attributes. To that effect, general requirements should be laid down to ensure that a qualified electronic attestation of attributes has the equivalent legal effect of lawfully issued attestations in paper form. However, those requirements should apply without prejudice to Union or national law defining additional sector specific requirements as regards form with underlying legal effects and, in particular, the cross-border recognition of qualified electronic attestation of attributes, where appropriate. Member States should involve professional organisations in laying down attributes that concern them.
Amendment 98 #
2021/0136(COD)
Proposal for a regulation
Article premier – paragraph 1 – point 7
Article premier – paragraph 1 – point 7
Regulation (EU) No 910/2014
Article 6a – paragraph 6
Article 6a – paragraph 6
6. The European Digital Identity Wallets shall be issued under a notified electronic identification scheme of level of assurance ‘high’. The use of the European Digital Identity Wallets shall be free of charge to natural persons. A delegated act shall determine the business model for European digital wallets.
Amendment 103 #
2021/0136(COD)
Proposal for a regulation
Article premier – paragraph 1 – point 7
Article premier – paragraph 1 – point 7
Regulation (EU) No 910/2014
Article 6a – paragraph 7
Article 6a – paragraph 7
7. The user or trusted third party appointed by a judicial authority shall be in full control of the European Digital Identity Wallet. The issuer of the European Digital Identity Wallet shall not collect information about the use of the wallet which are not necessary for the provision of the wallet services, nor shall it combine person identification data and any other personal data stored or relating to the use of the European Digital Identity Wallet with personal data from any other services offered by this issuer or from third-party services which are not necessary for the provision of the wallet services, unless the user has expressly requested it. Personal data relating to the provision of European Digital Identity Wallets shall be kept physically and logically separate from any other data held. If the European Digital Identity Wallet is provided by private parties in accordance to paragraph 1 (b) and (c), the provisions of article 45f paragraph 4 shall apply mutatis mutandis.
Amendment 104 #
2021/0136(COD)
Proposal for a regulation
Article premier – paragraph 1 – point 7
Article premier – paragraph 1 – point 7
Regulation (EU) No 910/2014A
Article 6a – paragraph 7a
Article 6a – paragraph 7a
7a. Upon the death of the user, the authority responsible for settling the estate shall ensure that European digital wallets are wholly expunged and that the assets are transferred to the heirs and successors.
Amendment 126 #
2021/0136(COD)
Proposal for a regulation
Article premier – paragraph 1 – point 3 – point i
Article premier – paragraph 1 – point 3 – point i
Regulation (EU) No 910/2014
Article 3(46)
Article 3(46)
Amendment 136 #
2021/0136(COD)
Proposal for a regulation
Article premier – paragraph 1 – point 3 – point i
Article premier – paragraph 1 – point 3 – point i
Regulation (EU) No 910/2014
Article 3 – paragraph 1 – point 55 a (new)
Article 3 – paragraph 1 – point 55 a (new)
(55a) 'trusted third party' shall be a natural person designated by a judicial authority as part of establishing legal protection arrangements, who may use European digital wallets on behalf of their holder.
Amendment 161 #
2021/0136(COD)
Proposal for a regulation
Article premier – paragraph 1 – point 7
Article premier – paragraph 1 – point 7
Regulation (EU) No 910/2014
Article 6 a – paragraph 7 a (new)
Article 6 a – paragraph 7 a (new)
7a. Upon the death of the user, the authority responsible for settling the estate shall ensure that European digital wallets are wholly expunged and that the assets are transferred to the heirs and successors.
Amendment 179 #
Amendment 184 #
2021/0136(COD)
Proposal for a regulation
Annex VI – paragraph 1 – point 5
Annex VI – paragraph 1 – point 5
5. Family compositionMarital status;
Amendment 185 #
Amendment 187 #
2021/0136(COD)
Proposal for a regulation
Annex VI – paragraph 1 – point 10 a (new)
Annex VI – paragraph 1 – point 10 a (new)
10a. 11.Application of legal protection arrangements 12. Ancestry and progeny
Amendment 259 #
Amendment 263 #
2021/0136(COD)
Proposal for a regulation
Annex VI – paragraph 1 – point 5
Annex VI – paragraph 1 – point 5
5. Family compositionMarital status;
Amendment 264 #
Amendment 265 #
2021/0136(COD)
Proposal for a regulation
Annex VI – paragraph 1 – point 10 a (new)
Annex VI – paragraph 1 – point 10 a (new)
10a. 11.Activation of legal protection arrangements and name of trusted third party; 12. Ancestry and progeny
Amendment 87 #
2021/0114(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 4
Article 4 – paragraph 1 – point 4
(4) a foreign subsidy enabling an undertaking to submit an unduly advantageous tender, on the basis of which the undertaking would be awarded the public contract. (4a) a foreign subsidy in the form of export support measures such as export credit guarantees, breaching the OECD Arrangement on officially supported export credits; (4b) all foreign subsidy to beneficiaries active in sectors characterized by structural excess capacity; (4c) foreign subsidies to operators which have privileged and/or protected access to a significant non-EU market, especially if the non-EU market is the operator's domestic market;
Amendment 97 #
2021/0114(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
(2) Commitments or redressive measures shall fully and effectively remedy the distortion actually or potentially caused by the foreign subsidy in the internal market.
Amendment 98 #
2021/0114(COD)
Proposal for a regulation
Article 6 – paragraph 3 – introductory part
Article 6 – paragraph 3 – introductory part
(3) Commitments or redressive measures may consist of the following non-exhaustive list :
Amendment 99 #
2021/0114(COD)
Proposal for a regulation
Article 6 – paragraph 3 – point b
Article 6 – paragraph 3 – point b
(b) reducing capacity or market presence notably by means of temporary market access restrictions, temporary restrictions in the supply of goods or services in the internal market where the related economic activity is distorted as a result of foreign subsidies, taking account of sectorial specificities;
Amendment 107 #
2021/0114(COD)
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
(5) If an undertaking offers commitmentsWhere the Commission accepts commitments offered by an undertaking which fully and effectively remedy the distortion on the internal market, the Commission may accept them and make themit shall make those commitments binding on the undertaking in a decision with commitments according to Article 9(3).
Amendment 111 #
2021/0114(COD)
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
(6) Where the undertaking concerned proposes to repay the foreign subsidy including an appropriate interest rate, the Commission shall accept such repayment as commitment ifonly where it can ascertain that the repayment is transparent and effectively and adequately remedies the distortive effects, while taking into account the risk of circumvention.
Amendment 112 #
2021/0114(COD)
Proposal for a regulation
Article 6 – paragraph 6 a (new)
Article 6 – paragraph 6 a (new)
(6a) The Commission shall thoroughly consult affected Union industries on the choice of redressive measures, taking account of sectoral specificities, and on the assessment of whether or not commitments should be accepted, and which commitments should be accepted.
Amendment 118 #
2021/0114(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point a
Article 12 – paragraph 2 – point a
(a) to enter any premises , land land means of transport of the undertaking concerned;
Amendment 130 #
2021/0114(COD)
(2) For the purpose of Article 28, a notifiable foreign financial contribution in an EU public procurement procedure shall be deemed to arise where the estimated value of that public procurement is equal or greater than EUR 2150 million. A notifiable foreign financial contribution in an EU public procurement procedure shall also be deemed to exist where the proposed supply, works or service referred to in Article 27 paragraph1, result in contracts which may affect security or public order in accordance with Article 4 paragraph 1 of the Regulation (EU) 2019/452 of the European parliament and of the Council of 19 March 2019, and where : (i) the acquired undertaking or at least one of the merging undertakings is established in the Union and generates an aggregate turnover in the Union of at least EUR 100 million and; (ii) the undertakings concerned received from third countries an aggregate financial contribution in the three calendar years prior to notification of more than EUR 50 million.
Amendment 153 #
2021/0114(COD)
Proposal for a regulation
Article 28 – paragraph 6 a (new)
Article 28 – paragraph 6 a (new)
(6a) For the purpose of this Regulation, the Commission shall establish a communication channel presenting strict confidentiality guarantees to receive comments from interested parties and Member states which suspect that an undertaking may have benefitted from foreign subsidies in the three years prior to the submission of the tender or request to participate in the public procurement procedure. The Commission shall duly take into account the information reported and may request information and the notification of the foreign financial contributions received by that undertaking in any public procurement procedure. In any case, the Commission shall inform in good time the Member States or the interested parties about its decision to initiate or not a preliminary investigation.
Amendment 178 #
2021/0114(COD)
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
(2) In addition, the Commission may impose by decision on the undertakings concerned fines not exceeding 1 % of their aggregate turnover in the preceding business year, or 3 % of their aggregate turnover in the preceding business year if they have failed to comply with a previous decision of the Commission in the last three years, where they intentionally or negligently supply incorrect or misleading information in a notification and declarations pursuant to Article 28 or supplement thereto;
Amendment 183 #
2021/0114(COD)
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
(3) The Commission may impose by decision on the undertakings concerned fines not exceeding 10 % of their aggregate turnover in the preceding business year or 15 % of their aggregate turnover in the preceding business year if they failed to comply with a previous decision of the Commission in the last three years, where they, intentionally or negligently, fail to notify a subsidy in accordance with Article 28 during the public procurement procedure.
Amendment 186 #
2021/0114(COD)
Proposal for a regulation
Article 33 a (new)
Article 33 a (new)
Amendment 707 #
2021/0106(COD)
Proposal for a regulation
Recital 70
Recital 70
(70) Certain AI systems intended to interact with natural persons or to generate content may pose specific risks of impersonation or, deception or EU principles and values irrespective of whether they qualify as high-risk or not. In certain circumstances, the use of these systems should therefore be subject to specific transparency obligations without prejudice to the requirements and obligations for high-risk AI systems. In particular, natural persons should be notified that they are interacting with an AI system, unless this is obvious from the circumstances and the context of use. Moreover, natural persons should be notified when they are exposed to an emotion recognition system or a biometric categorisation system. Such information and notifications should be provided in accessible formats for persons with disabilities. Further, users, who use an AI system to generate or manipulate image, audio, text, script, or video content that appreciably resembles existing persons, places or events and would falsely appear to a person to be authentic, should disclose that the content has been artificially created or manipulated by labelling the artificial intelligence output accordingly and disclosing its artificial origin. Besides, recommendation systems, in particular automated decision-making algorithms that disseminate and order cultural and creative content displayed to users, should be designed in such a way that their personalised suggestions are explainable and non-discriminatory. A clear explanation of the parameters used for the personalised suggestions should be easily accessible and understandable to the users. Natural persons should have a right to opt out of recommended and personalised services without affecting their right to use the core service.
Amendment 904 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
(1) ‘artificial intelligence system’ (AI system) means software that is developed with one or more ofa system that combines these three criteria: (i) receives machine and/or human-based data and inputs, (ii) infers how to achieve a given set of human-defined objectives using learning, reasoning or modelling implemented with the techniques and approaches listed in Annex I, and can, for a given set of human-defined objectives, generate outputs such as content(iii) generates outputs in the form of content (generative AI systems), predictions, recommendations, or decisions, which influencinge the environments ithey interacts with;
Amendment 1408 #
Amendment 1409 #
2021/0106(COD)
Proposal for a regulation
Title III – Chapter 1 – title
Title III – Chapter 1 – title
1 CLASSIFICATION OF AI SYSTEMS AS WITH HIGH-RISK USES
Amendment 1411 #
2021/0106(COD)
Proposal for a regulation
Article 6 – title
Article 6 – title
Classification rules for high-risk uses of AI systems
Amendment 1439 #
2021/0106(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. In addition to the high-risk AI systems referred to in paragraph 1, AI systems referred to in Annex III shall also be considered high-risk, if they pose a risk of harm to either physical health and safety or fundamental human rights, or both.
Amendment 1556 #
2021/0106(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. High-risk AI systems shall comply with the requirements established in this Chapter, taking into account the generally acknowledged state of the art and industry standards, including as reflected in relevant harmonised standards or common specifications.
Amendment 1567 #
2021/0106(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The intended purpose of the high- risk AI system and the risk management system referred to in Article 9 shall be taken into account when ensuring compliance with thosee relevant requirements depending on the type of risks posed.
Amendment 1721 #
2021/0106(COD)
3. Training, validation and testing data sets shall be relevant, representative, and to the best extent possible free of errors and complete. They shall have the appropriate statistical properties, including, where applicable, as regards the persons or groups of persons on which the high-risk uses of AI system is intended to be used. These characteristics of the data sets may be met at the level of individual data sets or a combination thereof.
Amendment 2270 #
2021/0106(COD)
Proposal for a regulation
Article 52 – paragraph 3 – introductory part
Article 52 – paragraph 3 – introductory part
3. Users of an AI system that generates or manipulates image, audio, text, script or video content that appreciably resembles existing persons, objects, places, text, script or other entities or events and would falsely appear to a person to be authentic or truthful (‘deep fake’), shall disclose that the content has been artificially generated or manipulated.
Amendment 2277 #
2021/0106(COD)
Proposal for a regulation
Article 52 – paragraph 3 – subparagraph 1
Article 52 – paragraph 3 – subparagraph 1
However, the first subparagraph shall not apply where the use is authorised by law to detect, prevent, investigate and prosecute criminal offences or it is necessary forand shall be without prejudice to the exercise of the right to freedom of expression and the right to freedom of the arts and sciences guaranteed in the Charter of Fundamental Rights of the EU, and subject to appropriate safeguards for the rights and freedoms of third parties.
Amendment 2279 #
2021/0106(COD)
Proposal for a regulation
Article 52 – paragraph 3 a (new)
Article 52 – paragraph 3 a (new)
3 a. Providers shall ensure that recommendation systems used to disseminate and order cultural and creative content are designed in such a way that the personalised suggestion is explainable and non-discriminatory. A clear explanation regarding the parameters determining ranking shall be provided to users and shall be easily accessible. Natural persons shall have the right to opt out of recommended and personalised services. This opt-out possibility shall be easily accessible and not prevent from using the core service.
Amendment 2693 #
2021/0106(COD)
Proposal for a regulation
Article 64 – paragraph 2
Article 64 – paragraph 2
2. Where necessary to assess the conformity of the high-risk uses of AI system with the requirements set out in Title III, Chapter 2 and upon a reasoned request, the market surveillance authorities shall be granted access to the source code of theask for the explainability of the functioning of algorithms and criteria used by an AI system.
Amendment 3014 #
2021/0106(COD)
Proposal for a regulation
Annex I – point b
Annex I – point b
Amendment 3023 #
2021/0106(COD)
Proposal for a regulation
Annex I – point c
Annex I – point c
Amendment 3043 #
2021/0106(COD)
Proposal for a regulation
Annex III – title
Annex III – title
HIGH-RISK USES OF AI SYSTEMS REFERRED TO IN ARTICLE 6(2)
Amendment 176 #
2021/0105(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 16
Article 3 – paragraph 1 – point 16
(16) ‘substantial modification’ means a modifchange of the specific application of a machinery product, except partly completed machinery, by physical or digital means after that machinery product has been placed on the market or put into service, which is not foreseen by the manufacturer and as a result of which the compliance of the machinery product with the relevant essential health and safety requirements may be affected;
Amendment 183 #
2021/0104(COD)
Proposal for a directive
Recital 54
Recital 54
(54) Statutory auditors or audit firms already verify the financial statements and the management report. The assurance of sustainability reporting by the statutory auditors or audit firms would help to ensure the connectivity between, and consistency of, financial and sustainability information, which is particularly important for by users of sustainability information. However, there is a risk of further concentration of the audit market, which could risk the independence of auditors and increase audit or assurance fees. It is therefore desirable to offer undertakings a broader choice of independent assurance service providers for the assurance of sustainably reporting. Member States should therefore be allowed to accredit independent assurance services providers in accordance with Regulation (EC) No 765/2008 of the European Parliament and of the Council66 to provide an opinion on sustainability reporting, which should be published together with the management report. Member States should set out requirements that ensure consistent outcomes in the assurance of sustainability reporting carried out by different assurance service providers. Therefore, all independent assurance services providers should be subject to requirements that are consistent with those set out in Directive 2006/43/EC as regards the assurance of sustainability reporting except for Chapter III of Directive 2006/43/EC. This will also guarantee a level playing field among all persons and firms allowed by Member States to provide the opinion on the assurance of sustainability reporting, including statutory auditors. If an undertaking seeks the opinion of an accredited independent assurance services provider other than the statutory auditor on its sustainability reporting, it should not in addition need to request this opinion from the statutory auditor. _________________ 66 Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008, p. 30).
Amendment 221 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
2013/34/eu
Article 19a
Article 19a
1. Large undertakings and, as of 1 January 2026, small and medium-sized undertakings which are undertakings referred to in Article 2, point (1), point (a), as of 1 January 2026, and undertakings not established in the European Union which are operating in the European Union, and whose consolidated revenue on their balance sheet date exceeds for each of the last two consecutive financial years a total of EUR 750 000 000, as reflected in their consolidated financial statement, and whose revenue generated within the European Union exceeds for each of the last two consecutive financial years EUR 40 000 000 as referred to in Article 3, point (4), point (b), shall include in the management report information necessary to understand the undertaking’s impacts on sustainability matters, and information necessary to understand how sustainability matters affect the undertaking’s development, performance and position.
Amendment 232 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
2013/34/eu
article 19a
article 19a
Amendment 279 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
2013/34/EU
Article 19a.
Article 19a.
Amendment 310 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
2013/34/EU
Article 19a
Article 19a
The Member State by which the undertaking that is exempted from the obligations set out in paragraphs 1 to 4 is governed, may require that the consolidated management report referred to in the first subparagraph of this paragraph is published in an official language of the Member State or in a language customary in the sphere of international finance, and that any necessary translation into those languages is certified.
Amendment 342 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
2013/34/EU
article 19b
article 19b
The delegated acts will enter into force 12 months after their publication.
Amendment 539 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
2013/34/EU
Article 29a
Article 29a
The Member State by which the parent undertaking that is exempted from the obligations set out in paragraphs 1 to 4 is governed may require that the consolidated management report referred to in in the first subparagraph of this paragraph is published in its official language or in a language customary in the sphere of international finance, and that any necessary translation into those languages is certified.
Amendment 554 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point b
Article 1 – paragraph 1 – point 10 – point b
2013/34/EU
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Member States may allow an independent assurance services provider to express the opinion referred to in paragraph 1, second subparagraph, point (aa), provided that it is subject to requirements that are consistent with those set out in Directive 2006/43/EC except for Chapter III as regards the assurance of sustainability reporting as defined in Article 2(1), point (r) of that Directive.
Amendment 575 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
2013/34/EU
Article 51
Article 51
(a) a public statement indicating the natural person or the legal entity responsible and the nature of the infringement;
Amendment 577 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
2013/34/EU
Article 51
Article 51
(b) an order requiring the natural person or the legal entity responsible to cease the conduct constituting the infringement and to desist from any repetition of that conduct;
Amendment 591 #
2021/0104(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
2006/43/EU
Article 1
Article 1
This Directive establishes rules concerning the statutory audit of annual and consolidated accounts and the assurance of annual and consolidated sustainability reporting, where this is performed by the statutory auditor or audit firm carrying out the statutory audit of financial statements or other independent assurance service providers.;
Amendment 592 #
2021/0104(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 2 – point a
Article 3 – paragraph 1 – point 2 – point a
2006/43/eu
Article 2
Article 2
3 a. ‘independent assurance services provider’ means a conformity assessment body accredited in accordance with Regulation (EC) No 765/2008 of the European Parliament and of the Council for the specific conformity assessment activity referred to in Article 34(1),second subparagraph, point (aa) of this Directive.
Amendment 593 #
2021/0104(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 2 – point b
Article 3 – paragraph 1 – point 2 – point b
Directive 2006/43/EU
Article 6
Article 6
22. ‘assurance of sustainability reporting’ means the opinion expressed by the statutory auditor or audit firm or other independent assurance service providers in accordance with Article 34(1), second subparagraph, point (aa) and Article 34(2) of Directive 2013/34/EU .;
Amendment 597 #
2021/0104(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 9 – point d
Article 3 – paragraph 1 – point 9 – point d
2006/43/EU
Article 24b – Paragraph 5
Article 24b – Paragraph 5
5 a. The statutory auditor or the audit firm shall document at least the data recorded pursuant to Article 22b(1) of this Directive, and, where applicable, Articles 6 to 8 of Regulation (EU) No 537/2014. The statutory auditor or the audit firm shall retain any other data and documents that are of importance in support of the report referred to in Articles 28 of this Directive and, where applicable, Articles 10 and 11 of Regulation (EU) No 537/2014 and for monitoring compliance with this Directive and other applicable legal requirements. The audit file shall be closed no later than 60 days after the date of signature of the audit report referred to in Article 28 of this Directive and, where applicable, Article 10 of Regulation (EU) No 537/2014.
Amendment 604 #
2021/0104(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 19
Article 3 – paragraph 1 – point 19
2006/43/EU
Article 39(6)
Article 39(6)
(a) inform the administrative or supervisory body of the audited entity of the outcome of the statutory audit and of the outcome of the assurance of sustainability reporting and explain how the statutory audit and the assurance of sustainability reporting contributed to the integrity of financial and sustainability reporting and what the role of the audit committee was in that process; the audited company may task another committee of such issues;
Amendment 11 #
2020/2133(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Reminds that the Committee on Legal Affairs is the committee responsible for the Statute for Members and the Staff Regulations of the European Union, the privileges and immunities and the verification of Members' credentials as stipulated by in Annex VI of the Rules of Procedure of the European Parliament;
Amendment 22 #
2020/2133(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Is also of the opinion that for this examination to be complete and accurate, and for the possibility of a conflict of interest to be excluded, information and documents beyond the declaration of financial interests of Commissioner- designates are often essentialsometimes can be useful as stipulated by Annex VII Article 4 (d) of the Rules of Procedure of the European Parliament;
Amendment 26 #
2020/2133(INI)
Draft opinion
Paragraph 4 – subparagraph 1 (new)
Paragraph 4 – subparagraph 1 (new)
Reminds that the absence of any conflict of interest is a precondition for holding the hearing of a Commissioner-designate by the committee responsible and that the Committee on Legal Affairs possesses clear powers to reject Commissioners- designates in case of a conflict of interest;
Amendment 33 #
2020/2133(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Considers that, given the sophisticated and complex nature of this responsibility, the establishment of a possible conflict of interest should be de- politicised and performed in an independent and systematic way with the assistance of a bodynational ethical authorities with the relevant expertise and experience;
Amendment 39 #
2020/2133(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Considers that for proper expertise to be acquired, the future ethics body should have a permanent, independent and collegiate structure, and that its composition could be based either on specific institutional positions, such as that of the President of the Court of Justice, or on the nomination of experts by each EU institutionThere is no need for a new permanent structure;
Amendment 54 #
2020/2133(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Recommends therefore that, while fully keeping its competence on the matter, the Committee on Legal Affairs decide on the existence of a conflict of interest after having received a non-binding recommendation by such an independent expert advisory bodys from national ethics authorities;
Amendment 63 #
2020/2133(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Believes furthermore that this future advisory body could also be entrusted with the broader task of examining conflicts of interest within the EU institutions and agencies in general, playing, in a complementary and balanced way, a preventive role via awareness raising and ethical guidance powersthat a better cooperation between the EU institutions trying to align their Code of conducts and ethical frameworks would increase public trust and raise the level onf the one hand, and a compliance role oransparency and integrity in the otherEU.
Amendment 4 #
2020/2073(INL)
Motion for a resolution
Citation 2
Citation 2
— having regard to Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC1 and to the Annex to Parliament’s legislative resolution namely the Commissions’ statement on sport event organisers, __________________ 1 OJ L 130, 17.5.2019, p. 92.
Amendment 6 #
2020/2073(INL)
Motion for a resolution
Citation 2 a (new)
Citation 2 a (new)
- having regard to Directive 2019/789 of the European Parliament and of the Council of 17 April 2019 laying down rules on the exercise of copyright and related rights applicable to certain online transmissions of broadcasting organisations and retransmissions of television and radio programmes, and amending Council Directive 93/83/EEC,
Amendment 17 #
2020/2073(INL)
Motion for a resolution
Recital A
Recital A
A. whereas the development of the digital environment has made it easier for all fans to access sport events on all kinds of devices and has boosted the development of new online business models; whereas, at the same time, it has facilitated illegal online transmission of sport broadcasts and online piracy within and outside the Union;
Amendment 26 #
2020/2073(INL)
Motion for a resolution
Recital B
Recital B
B. whereas the illegal transmission of sport events and the spreading of illegal content online not only causes significant economic harm to the sector, which results in losses in subscription and advertising revenue, but is also part of the growing activities of criminal organisations, that are also harmful for consumers;
Amendment 29 #
2020/2073(INL)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the COVID-19 pandemic and the restrictions of access to sport events have created a drop in the sale of tickets for sport events and at the same time created opportunities for developing subscription to sport channels, and for enlarging online and tele broadcast audience, as well as for illegal streaming of sport event;
Amendment 31 #
2020/2073(INL)
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas free-to-air broadcasts of sport events have also been highly affected by piracy;
Amendment 32 #
2020/2073(INL)
Motion for a resolution
Recital C
Recital C
C. whereas, sports events, as such, have a unique and, to that extent, original character which can transform them into subject-matter that is worthy of protection comparable to that of copyright works, and that protection should be granted, since, unlike other sectors, most of the value of a sport event broadcast lies in the fact that it is live and most of that value is lost when the event ends; whereas, consequently and only in this context, a swift reaction is needed to put an end to the illegal transmission online of sport events;
Amendment 33 #
2020/2073(INL)
Motion for a resolution
Recital C
Recital C
C. whereas, unlike other sectors, most of the value of a sport event broadcast lies in the fact that it is live and most of that value is lost when the event ends; whereas illegal streaming of sport event broadcast is more harmful in the first thirty minutes of its appearance online; whereas, consequently and only in this context, a swift reaction is needed to put an end to the illegal transmission online of sport events;
Amendment 43 #
2020/2073(INL)
Motion for a resolution
Recital E
Recital E
E. whereas the professional illegal transmission of a whole sport event should be distinguished from short sequences shared among fans and pertaining to fan culture and from content shared by journalists for the purpose of informing the general public as set out in the Audiovisual Media Services Directive;
Amendment 61 #
2020/2073(INL)
Motion for a resolution
Recital H
Recital H
H. whereas, however, the current legal framework does not allow for the necessary immediate action needed to remedy the illegal broadcast of live sport events; whereas, moreover, Member States have adopted rules on notice and action mechanisms thatexisting in some Member States are not harmonised;
Amendment 66 #
2020/2073(INL)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Requests thatCalls on the Commission to submit without undue delay a proposal for legislative acts, following the recommendations set out in the Annex hereto;
Amendment 68 #
2020/2073(INL)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Considers that sport plays an important role in society and that the exploitation of sport events could participate to a larger extent in the financing of sporting activities that are beneficial to society at large;
Amendment 70 #
2020/2073(INL)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Acknowledges that intellectual property rights are important for sport events’ organisers, as their exploitation represents a relevant source of income, in particular in relation to the licensing of broadcasting rights for the sport events they organise;
Amendment 71 #
2020/2073(INL)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Notes that, although sport events as such cannot be subject of copyright protection, the CJEU has confirmed that they have a unique and, to that extent original character which can transform them into subject-matter that is worthy of protection comparable to the protection of works; reminds that Union law provides for the protection of the audio-visual recording of a sport event and its broadcast, but sport events’ organisers can only benefit from this protection in some Member States;
Amendment 73 #
2020/2073(INL)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Emphasises that infringements of media rights in sport threaten its long- term funding;
Amendment 79 #
2020/2073(INL)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Notes that sports event's organisers invest significant financial, technical and human resources to address online piracy and engage with service providers;
Amendment 80 #
2020/2073(INL)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Observes that the unauthorised streaming of sport events is a growing phenomenon that is harmful to the sport ecosystem and to consumers;
Amendment 82 #
2020/2073(INL)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Underlines that end users could be put in the position to endure the consequence of accessing illegal streaming of sport content by exposing themselves to other forms of harm such as identity theft, malware or other online related intrusions;
Amendment 86 #
2020/2073(INL)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that, given the specific nature of live sport events broadcasts and the fact that their value is mainly limited to the duration of the sport event in question, enforcement procedures need to be as swiftoon as possible and to allow for immediate removal of illegal content;
Amendment 89 #
2020/2073(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Considers, however, that the current legal framework for injunction and for notice and take down mechanisms does not allow for an effective and timely enforcement of rights to remedy the illegal broadcast of live sport events; considers, therefore, that concrete measures, specific for live sport event broadcasts, should be adopted as soon as possible to adapt the current legal framework to fit these specific challenges and to allow for the prompt removal of illegal sport events broadcasts online; is of the view that real- time take down should be the objective to pursue;
Amendment 92 #
2020/2073(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Underlines, also, that the general framework provided for by Union law is not applied in a similar way in national legislation and that civil procedure and notice and take down mechanisms differ from one Member State to another; is of the view that there is a lack of efficiency of enforcement tools in the cross-border context; calls for further harmonisation of the procedures and remedies in the Union in this specific context; stresses that national enforcement agencies and authorities are struggling with challenges such as lack of training and resources; underlines the importance of close collaboration and exchange of best practices by the relevant authorities at European level with national authorities and relevant actors to improve the overall infrastructure throughout the Union;
Amendment 95 #
2020/2073(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Underlines, also, that the general framework provided for by Union law is not applied in a similar way in national legislation and that civil procedure and notice and take down mechanisms differ from one Member State to another; is of the view that there is an obvious lack of efficiency of enforcement tools in the cross-border context; calls for further harmonisation of the procedures and remedies in the Union in this specific context as soon as possible;
Amendment 108 #
2020/2073(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission to propose concrete measures specifically adapted to live sport events allowing for immediate removal of, or the disabling of access to, content, including a real-time take down procedure and stay-down obligations for right holders;
Amendment 109 #
2020/2073(INL)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Stresses that sport content is often technically processed which means that there is no doubt about who has the right to broadcast that sports content online; stresses that the sport event organisers as right holders know all their official licensees which allows for unambiguous detecting of illegal streaming services;
Amendment 117 #
2020/2073(INL)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Emphasises the need for safeguards to ensure that the legal framework strikes the right balance between the need for efficiency of enforcement measures and the need to protect relevant third party rights;
Amendment 120 #
2020/2073(INL)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Considers, in that regard, that the enforcement measures for the protection of live content should be effective and proportionate;
Amendment 124 #
2020/2073(INL)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that the creation in Union law of a new right for sport events’ organisers will not provide a solution to the challenge they face of a lack of effective and timely enforcement of their existing rights; considers therefore that the proposal should not seek to establish such a new right;
Amendment 125 #
2020/2073(INL)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls for cooperation between Member States authorities and between rightholders and intermediaries to be enhanced; further calls on the Commission, within its remit, to support Member States in their endeavours to improve existing infrastructure and measures;
Amendment 132 #
2020/2073(INL)
Motion for a resolution
Annex I – part 1 – paragraph 1 – indent 1
Annex I – part 1 – paragraph 1 – indent 1
- to improve and make the current legal framework on enforcement of intellectual property rights regarding live sport events more effective, considering the specific nature of live sport events and in particular its short-time value;
Amendment 136 #
2020/2073(INL)
Motion for a resolution
Annex I – part 1 – paragraph 1 – indent 2 a (new)
Annex I – part 1 – paragraph 1 – indent 2 a (new)
- to emphasise that intermediaries should put in place effective Know Your Business Customer obligations to prevent their services from being abused to facilitate the illegal streaming of sport events; to that end, calls on the Commission to propose such obligations within the upcoming Digital Services Act;
Amendment 138 #
2020/2073(INL)
Motion for a resolution
Annex I – part 1 – paragraph 1 – indent 3
Annex I – part 1 – paragraph 1 – indent 3
- to further harmonise, without prejudice to the general Union framework to be defined in a Digital Services Act, procedures and remedies in the Union to boostclearly improve and strengthen the efficiency of enforcement tools, including in the cross-border context;
Amendment 143 #
2020/2073(INL)
Motion for a resolution
Annex I – part 1 – paragraph 1 – indent 4
Annex I – part 1 – paragraph 1 – indent 4
- to improve enforcement tools to allow for real-time take down ofand provide as soon as possible real-time take down to remove or disable access to illegal live sport contentbroadcast available on their services, considering their need for effective notice and take down mechanisms which imply immediate measures to be taken;
Amendment 147 #
2020/2073(INL)
Motion for a resolution
Annex I – part 1 – paragraph 1 – indent 6
Annex I – part 1 – paragraph 1 – indent 6
- to ensure that the measures take into account the scope, magnitude and recurrence of the infringement and to target professional illegal transmissions, excluding the recording and posting of illegal amateur footage of sport events;
Amendment 149 #
2020/2073(INL)
Motion for a resolution
Annex I – part 1 – paragraph 1 – indent 6
Annex I – part 1 – paragraph 1 – indent 6
- to ensure that the measures take into account the scope, magnitude and recurrence of the infringement and to target professional illegal transmissions, excluding the recording and posting of illegal amateur footage of sport events;
Amendment 151 #
2020/2073(INL)
Motion for a resolution
Annex I – part 1 – paragraph 1 – indent 7
Annex I – part 1 – paragraph 1 – indent 7
- to ensure that the measures to be proposed are proportionate and keep the right balance between the need for the enforcement measures to be efficient and the need to protect relevant third party rights;
Amendment 156 #
2020/2073(INL)
Motion for a resolution
Annex I – part 2 – paragraph 1 – indent 1
Annex I – part 2 – paragraph 1 – indent 1
- clarify the concept behind the phrase “acts expeditiously” set out in Article 14 of the Directive on electronic commerce in relation to an online intermediary, such that “expeditiously” is considered to mean “immediately"that providers of information society services are obliged to immediately take down the infringing content from the notification of the infringement by rightholders and no later than 30 minutes after the start of the sport event”.
Amendment 164 #
2020/2073(INL)
Motion for a resolution
Annex I – part 2 – paragraph 1 – indent 3
Annex I – part 2 – paragraph 1 – indent 3
- ensure that the measures to be taken by intermediaries are effective, justified, proportionate, adequate, taking into account the seriousness and the scale of the infringement; make sure, for example, that the blocking of access to, or removal of, illegal content does not require the blocking of an entire platform containing services that are legal, which would be disproportionate, unless the proportion of illegal services on a specific server demonstrates that the availability of legal services is only incidental;
Amendment 166 #
2020/2073(INL)
Motion for a resolution
Annex I – part 2 – paragraph 1 – indent 4
Annex I – part 2 – paragraph 1 – indent 4
- provide forand actively support for enforcement solutions, such as private agreements among stakeholders; in this respect, the Commission should report on and assess the appropriateness and impact of creating an obligation on streaming providers to perform real-time take downs to remove or disable access to illegal sport broadcast available on their services;
Amendment 168 #
2020/2073(INL)
Motion for a resolution
Annex I – part 2 – paragraph 2 – indent 2
Annex I – part 2 – paragraph 2 – indent 2
- allow the use of blocking injunctions that run during the entire live broadcast of a sport event, but are limited to the duration of the live broadcast, thus blocking the infringing website only for the duration of the event; such injunctions should be temporary unless repeated violations occur;
Amendment 170 #
2020/2073(INL)
Motion for a resolution
Annex I – part 2 – paragraph 2 – indent 4
Annex I – part 2 – paragraph 2 – indent 4
- specify that the removal of the illegal content should take place immediately after reception of the notice from right holders and no later than 30 minutes after the event started, provided that there is no doubt about who owns the content and whether any direct or indirect consent was given by the rightholders to make the content available to the public; strong indication should be put on the rightholders to prevent any removal of legal content; to that end, blocking access to or removing illegal content should in principle not require blocking the access to a server that hosts legal services and content;
Amendment 174 #
2020/2073(INL)
Motion for a resolution
Annex I – part 2 – paragraph 2 – indent 5
Annex I – part 2 – paragraph 2 – indent 5
- enhance cooperation between Member States’ authorities, including by way of exchange of data and best practices and by creating an active and up-to-date network of national authorities; the Commission should assess the added-value of appointing an independent administrative authority in each Member State that would have a role to play in the enforcement system, especially in the case of swift enforcement, such as for online piracy of live sport content;
Amendment 8 #
2020/2072(INL)
Draft opinion
Paragraph 1
Paragraph 1
1. Considers that the Union mechanism on Democracy, the Rule of Law and Fundamental Rights should primarily aim at preventing and addressing any threat to the Union values enshrined in Article 2 of the Treaty on European Union (TEU) before any clear risk arises in a Member State and Article 7 TEU should be triggered;without prejudice to Article 5 of the Treaty on European Union (TEU) and in a respect of the principles of subsidiarity and proportionality.
Amendment 28 #
2020/2072(INL)
Draft opinion
Paragraph 2
Paragraph 2
2. Emphasises that an independent and impartial judiciary is, legal certainty, access to justice together with non- discrimination and equality before the law are an indispensable cornerstone of the rule of law; highlights that the requirement that courts be independent is of the essence to the fundamental right to effective judicial protection and a fair trial and to ensure that all rights deriving from Union law are protected; stresses that every national court is also a European court when applying Union law; is worried that recentaims to avoid possible attacks on the rule of law have mainly, for instance those consisted of attempts to jeopardise judicial independence;
Amendment 34 #
2020/2072(INL)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Reminds that the principle of legal certainty is essential to the confidence in the judicial systems and the rule of law. It is also essential to productive business arrangements to generate development and economic progress.
Amendment 41 #
2020/2072(INL)
Draft opinion
Paragraph 3
Paragraph 3
3. Highlights that training of justice professionals is essential to the proper implementation and application of Union law and thus to the strengthening of a European common legal culture based on the principles of mutual trust and the rule of law; considers that the upcoming European judicial training strategy must put additional focus on promoting the rule of law and, judicial independence and include ICT training on skills and non-legal issues so that judges are better prepared to resist undue pressures aimed at adopting to digitalisation and facilitating access to justice though new technologies as well as permitting to judges to develop skills;
Amendment 67 #
2020/2072(INL)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission to assess ICT tools and other means put in place by Member States at the disposal of citizensjudges and citizens for faster procedures and to facilitate their access to justice, in particular citizens with disabilities or belonging to vulnerable groups, such as national minorities and migrants;
Amendment 84 #
2020/2072(INL)
Draft opinion
Paragraph 11
Paragraph 11
11. Believes that addressing persisting gender and cultural gaps ingaps and promoting diversity in the composition and structure of Member States’ judicial systems is necessary to enhance their quality, effectiveness and independence.
Amendment 7 #
2020/2026(INL)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the many challenges faced by the European Union represent a great opportunity for associations and NPOs, particularly in border regions, which comprise nearly 40% of Union territory;
Amendment 8 #
2020/2026(INL)
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas associations and NPOs play a key role in anticipating and tackling socio-economic challenges, alongside national, regional and local governments;
Amendment 9 #
2020/2026(INL)
Motion for a resolution
Recital B c (new)
Recital B c (new)
Bc. whereas the COVID-19 pandemic and resultant crises have highlighted the vital role of associations and NPOs in helping citizens face the many difficulties which have arisen, thereby guaranteeing social cohesion;
Amendment 10 #
2020/2026(INL)
Motion for a resolution
Recital B d (new)
Recital B d (new)
Bd. whereas the COVID-19 crisis has shaken civil society associations, particularly in border regions, notably by interrupting their activities but also by creating new needs and missions;
Amendment 15 #
2020/2026(INL)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas associations and NPOs are the glue which holds our society together and connects our countries, punctuating and facilitating the everyday lives of many European citizens;
Amendment 20 #
2020/2026(INL)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas the socio-economic potential of associations and NPOs in the European Union is constantly increasing, with stable, high-quality employment opportunities being created in a wide range of sectors;
Amendment 23 #
2020/2026(INL)
Motion for a resolution
Recital K a (new)
Recital K a (new)
Ka. whereas the vast majority of the activities of associations and NPOs are carried out at national level, but whereas an increasing number of associations and NPOs are operating across borders, which constitutes a significant challenge for border regions and their inhabitants;
Amendment 43 #
2020/2026(INL)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that the fundamental right of association is still not fully supported under various jurisdictions of the Member States because of the lack of appropriate organisational forms and lack of equal treatment of existing forms throughout the Union, hindering cross-national projects, cross-border missions and mobility of civil society, and causing legal uncertainty;
Amendment 47 #
2020/2026(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that due to the lack of harmonisation, NPOs that operate across Europe often face fees, formalities, and administrative and other hurdles, in particular when they rely on cross-border financing, which puts their day-to-day activities at risk and discourages them from extending their missions across borders;
Amendment 63 #
2020/2026(INL)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Stresses that associations and NPOs are calling for new tools to facilitate their activities; points out that creating a European statute would enable a significant need to be met and the reality on the ground to be dealt with;
Amendment 71 #
2020/2026(INL)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Is alarmed by the increasing legal and administrative hindrances faced by associations and NPOs across the Union deriving from national laws, regulations or administrative practices or policies, which may restrict their activities and dissuade them from extending these across borders;
Amendment 106 #
2020/2026(INL)
Motion for a resolution
Annex I – Part I – recital 1
Annex I – Part I – recital 1
(1) Cross-border projects and other forms of cooperation involving civil society in particular contribute in a decisive way to social cohesion, the achievement of the Union's objectives, including the promotion of its values, and to developing many different activities of transnational relevance which benefit the general interest in numerous fields.
Amendment 112 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – recital 5
Annex – Part I – recital 5
(5) Associations are the glue which holds our society together and play a key role in helping and encouraging individuals to actively participate in the democratic life of the Union.
Amendment 115 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – recital 6
Annex – Part I – recital 6
(6) The Union should provide associations, which are a form of organisation generally recognised in all Member States, with an adequate legal instrument capable of fostering their transnational and cross-border activities.
Amendment 1 #
2020/2018(INL)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
- having regard to Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC and Directive (EU) 2010/13 concerning the provision of audiovisual media services,
Amendment 76 #
2020/2018(INL)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recognises the importance of the legal framework set out by the E- Commerce Directive in the development of online services in the Union and in particular its internal market clause, through which home country control and the obligation on Member States to ensure the free movement of information society services have been established; recalls that the new rules on digital services will have to apply, like the e-Commerce Directive, without prejudice to the Copyright Directive, the GDPR or the Audiovisual Media Services Directive;
Amendment 171 #
2020/2018(INL)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Points out that the size of online platforms should be a powerful indicator in determining their liability in proportion to their market position; suggests that the size of these platforms should be assessed using objective criteria such as turnover in a given market and whether they are a passive or an active host;
Amendment 237 #
2020/2018(INL)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls on the Commission to clarify the regime applicable to content hosting intermediaries and in particular the distinction between passive intermediaries benefiting from a limited liability regime and active platforms that organise and promote content;
Amendment 279 #
2020/2018(INL)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Believes that AI technologies have a wide range of specific applications and challenges; supports the assessment of AI technologies by a sectoral approach rather than a general approach, taking into account the value of human intervention and the scale of data provision; considers, however, that it is appropriate to develop an ethics of AI in order to protect individuals against potential abuses without hampering innovation;
Amendment 318 #
2020/2018(INL)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Notes that there is no ‘one size fits all’ solution to all types of illegal and harmful content and cases of misinformation online since the concept of illegal and harmful content covers many aspects; believes, however, that a more aligned approach at Union level, taking into account the different types of content, will make the fight against illegal content more effective;
Amendment 343 #
2020/2018(INL)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Notes that the principle of control by the country of origin makes it possible in particular to respect national specificities in matters of justice and control of content online; warns nevertheless against some abuses of this same principle which are reflected in a form of 'digital dumping';
Amendment 355 #
2020/2018(INL)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on the Commission to address the increasing differences and fragmentations of national rules in the Member States and to propose concrete legislative measures including a notice- and-action mechanism, that can empower users to notify online intermediaries of the existence of potentially illegal online content or behaviour; suggests the establishment of dissuasive sanction mechanisms with regard to the dissemination of illegal content; is of the opinion that such measures would guarantee a high level of users' and consumers' protection while promoting consumer trust in the online economy;
Amendment 366 #
2020/2018(INL)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Requests specifically that platforms hosting and moderating content bear a responsibility proportional to their market position for the dissemination of illegal and harmful content;
Amendment 472 #
2020/2018(INL)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Stresses that, taking into account national specificities in the field of online justice, and in order to improve coordination and reduce disparities between Member States, cooperation and exchange mechanisms should be set up between national regulatory authorities; stresses that, with regard to illegal and harmful content, the Member States must be fully involved, in so far as assessments of the legality of content vary according to the State;
Amendment 531 #
2020/2018(INL)
Motion for a resolution
Annex I – part I – paragraph 6 – indent 1 – subi. 2
Annex I – part I – paragraph 6 – indent 1 – subi. 2
- clear and detailed procedures and measures related to the removal of illegal content online, including a harmonised legally-binding European notice-and action mechanism involving national authorities;
Amendment 539 #
2020/2018(INL)
Motion for a resolution
Annex I – part I – paragraph 6 – indent 1 – subi. 3
Annex I – part I – paragraph 6 – indent 1 – subi. 3
- effective and dissuasive supervision, cooperation and sanctions;
Amendment 565 #
2020/2018(INL)
Motion for a resolution
Annex I – part II – paragraph 5 a (new)
Annex I – part II – paragraph 5 a (new)
Digital services legislation should clarify the distinction between the different types of content hosting intermediaries, which would in particular allow a distinction to be made between passive hosts and active platforms;
Amendment 664 #
2020/2018(INL)
Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4 – indent 1 a (new)
Annex I – part IV – paragraph 1 – subheading 4 – indent 1 a (new)
- establish mechanisms for evaluating artificial intelligence technologies on a sectoral basis which would be based on the promotion of human control and the importance of data provision;
Amendment 709 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – paragraph 1 – indent 3 a (new)
Annex I – part V – paragraph 1 – indent 3 a (new)
- involve the Member States in assessing the legality of the content, taking into account national specificities in this area;
Amendment 729 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – paragraph 2 – indent 2 a (new)
Annex I – part V – paragraph 2 – indent 2 a (new)
- establish a differentiated liability regime proportional to the size of the platform, and depending on whether it is considered passive or active;
Amendment 49 #
2020/2017(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Expresses its concern that schools and other public education providers are becoming increasingly dependent on educational technology services, including AI applications, provided by just a few technology companiesbig high-tech undertakings which have virtual monopolies and prohibit any sharing of their information assets based on the gathering of personal data concerning people's relationships and behaviour; stresses that this may leads to unequal access to data and limit competition by restricting consumer choice; calls for this data to be shared with the relevant public authorities so it can be used in the development of curricula, restricting competition, certainly, but also leading to new forms of power and dominance which are particularly detrimental in the field of access to knowledge, culture and pedagogical practices (in particular since these services are purchased with public money or offered to publicucation; calls on the Commission, in cooperation with Member States, to develop alternative infrastructures for education, providers for free, and because education is a common good)ivate cloud storage and smart working;
Amendment 67 #
2020/2017(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Stresses the importance of putting in place a proper framework for the public procurement of such services for the public sector, including for education providers, to ensure consumer choice and the respect of fundamental rights; stresses the need for public buyers to take into account specific criteria, such as non-discrimination and data privacy, and, specifically when purchasing services for public education providers, the involvement of educators and learners; calls for the implementation of a research and development plan for artificial intelligence focusing on education, knowledge and culture which can stop the brain drain and loss of skills from Europe; calls also for facilitation of the acquisition of cognitive skills and for the gulf that exists in our societies with regard to access to the means to acquire such skills to be reduced;
Amendment 84 #
2020/2017(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Underlines the unreliability of the currenat automated means of removing illegal content from online platforms on which audiovisual content is shared; calls for a ban on generalised moderation and automated content filtcopyright works that are posted without authorisation on online platforms on which audiovisual content is shared should be standardised at European level to ensure their proper functioning for the benefit both of users and of copyright-holders;
Amendment 2 #
2020/2015(INI)
Motion for a resolution
Citation 3
Citation 3
— having regard to the World Intellectual Property Organisation (WIPO) Copyright Treaty, the World Intellectual Property Organisation (WIPO) Performances and Phonograms Treaty and the draft Issues Paper on intellectual property policy and artificial intelligence Policies (WIPO/IP/AI/2/GE/20/1) of 13 December 2019,
Amendment 12 #
2020/2015(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the aim of making the European Union the world leader in AI technologies must include efforts to safeguard the Union’s digital and industrial sovereignty, ensure the EU’s competitiveness as well as promote and protect innovation;
Amendment 23 #
2020/2015(INI)
G. whereas the EU is the appropriate level at which to regulate AI technologies in order to avoid fragmentation of the single market; whereas thea fully harmonised EU regulatory framework in the field of AI will have the potential to become a legislative benchmark at international level; whereas new common rules for AI- systems should only take the form of Regulations to establish equal standards across the Union;
Amendment 28 #
2020/2015(INI)
Motion for a resolution
Recital H
Recital H
H. whereas AI technologies ar, according to the Guidelines for Examination in the European Patent Office, AI technologies are based on computational models and algorithms, which are per se regarded as mathematical methods within the meaning of the European Patent Convention;
Amendment 31 #
2020/2015(INI)
Motion for a resolution
Recital I
Recital I
I. whereas AI technologies are based on the creation and execution of computer programs which, as such, are protected by copyright; whereas, under the current rules, the ideas, methods and principles which underlie any element of a computer program, are not protected, but only the expression of the computer program; whereas, considering the limited scope of copyright protection for computer programs, consideration should also be given to the protection granted to AI technologies under patent law and the Trade Secrets Directive;
Amendment 34 #
2020/2015(INI)
Motion for a resolution
Recital J
Recital J
J. whereas AI technologies, as computer programs, cannot be patented, except under Article 52(3) of the European Patent Convention, although pure mathematical methods and computer programs are not patentable as such, they can be patentable under Article 52(3) of the European Patent Convention when used as part of an AI system that contributes to producing a ‘further technical effect’;
Amendment 39 #
2020/2015(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas an increasing number of AI-related patents is being granted;
Amendment 40 #
2020/2015(INI)
Motion for a resolution
Recital K
Recital K
K. whereas the development of AI is raising questions about the protection of innovation itself and the application of IPRs to data generated by AI technologies, which can be industrial or artistic creations; whereas it is sometimes difficuln this regard it is important to distinguish between assisted creation and AI-generated creations that are done with help of AI tools, and creations that are autonomously generated by AI;
Amendment 49 #
2020/2015(INI)
Motion for a resolution
Recital L
Recital L
L. whereas AI technologies are heavily dependent on data, often extracted from pre-existing content, a blanket term for information falling into a range of categories that requires protection and tailored governance; whereas increased access to certain data and databases in the European Union will play a crucial role in advancing the development of European AI and supporting the competitiveness of European companies on global markets;
Amendment 58 #
2020/2015(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Commission White Paper on ‘Artificial Intelligence - A European approach to excellence and trust’ and the European Data Strategy; stresses that the approaches outlined therein are likely to contribute to the deployment of the potential of human-centered AI in the EU; notes, however, that the issue of the protection of IPRs in the context of the development of AI technologies doehas not seem to have been addressed by the Commission, despite the key importance of these rights and the role played by innovation and creativity in the EU economy;
Amendment 59 #
2020/2015(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses the importance of the creation of an operational and fully harmonised regulatory framework in the area of AI technologies; suggests that such a framework takes the form of a Regulation rather than a Directive in order to avoid fragmentation of the European Digital Single Market and promote innovation;
Amendment 60 #
2020/2015(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Calls for an assessment to be conducted regarding the protection of IPRs in the context of the development of AI technologies in order to evaluate whether adjustments are needed and ensure that the current legal framework is adequate to promote investment, create opportunities for European companies and start-ups and foster the development and uptake of AI in Europe;
Amendment 65 #
2020/2015(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses the key importance of protecting IPRs in relation to AI technologies, in order to ensure high level of protection of IPRs, to create the legal certainty and to build the trust needed to encourage investment in these technologies; considers that the EU can, due to little regulation at national level, the EU has the potential to be athe frontrunner in the creation of AI technologies if it adopts an operational regulatory framework that is regularly assessed in the light of technological developments and implements proactive public policies, particularly as regards training programmes and financial support for research;
Amendment 78 #
2020/2015(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Recommends that priority be given to assessment by sector and type of IPR implications of AI technologies; considers that such an approach should take into account the degree of human intervention, autonomy of AI, the importance of the role of the dataand origin of the data, or in case of copyright, the protected works and subject matter used, and the possible involvement of other factors, such as sectoral economic equilibria;
Amendment 81 #
2020/2015(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Suggests that assessment should focus on the impact and implications of AI technology under the current system of patent law, trade mark and design protection, copyright and related rights, including the applicability of the legal protection of databases and computer programs, and the protection of undisclosed know-how and business information (‘trade secrets’) against their unlawful acquisition, use and disclosure; emphasises, further, the need to assess whether contract law and competition rules oughtneed to be strengthened in order toadapted in order to address market failure or abuses in the digital economy and create a more comprehensive legal framework for the economic sectors in which AI plays a part, thus enabling European companies to scale up;
Amendment 88 #
2020/2015(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Points out that innovations in AI are patentable if the criteria relating to technical inventions are met; notes that only mathematical methods as such are excluded from patentability unlessand that if they constitute inventions of a technical nature, which are thenthey are patentable if the applicable criteria relating to inventions are met; points out, further, that if a claim relates either to a method involving technical means or to a device, its purpose, considered as a whole, is in fact technical in nature and it is therefore not excluded from patentability; consequently, notes that innovations in AI are patentable if the criteria relating to inventions are met;
Amendment 93 #
2020/2015(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that patent protection can be granted provided that the invention is new and not self-evident and involves an inventive step; notes, further, that patent law requires a comprehensive description of the underlying technology, which may pose challenges for certain AI technologies in view of the complexity of the reasoning; stresses also that reverse engineering is an controversial exception to the trade secrets rule that may pose IPR-related problems in the context of the development of AI technologies;
Amendment 97 #
2020/2015(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Points out that there is a need to distinguish between the AI assisted creations and AI-generated creations, as only the latter ones create new regulatory challenges in terms of IPR protection, in particular for copyright and patent law; stresses in this regard the importance of addressing the issue of ownership and inventorship;
Amendment 104 #
2020/2015(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Takes the view that consideration must be given to protecting technical and artistic creations generated by AI, in order to encourage this form of creation; considers that certain works or other protected subject-matter generated by AI can be regarded as equivalent to intellectual works or inventions and could therefore be protected by copyright or patents; recommends that ownership of rights should only be assigned to the person who, legal entity or company who/that prepares and publishes a work lawfully, provided that the technology designer has not expressly reserved the right to use the work in that way;
Amendment 115 #
2020/2015(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes that AI makes it possible to process a large quantity of data relating to the state of the art or the existence of IPRs; notes, at the same time, that the use of AI technology cannot be a substitute for human verification in relation to the granting of IPRs and the determination of liability for infringements of IPRs; stresses the importance for the registration procedures using AI to always be reviewed by individuals able to judge situations on a case-by-case basis in order to ensure the quality and fairness of decisions;
Amendment 120 #
2020/2015(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Stresses the importance to use artificial intelligence in assisting brand owners and practitioners, but also public authorities, in the enforcement of their intellectual property rights (IPRs) in the online environment; notes that any use of AI with regards the enforcement of IPRs shall nonetheless include a human intervention when legal consequences are involved;
Amendment 123 #
2020/2015(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Notes, with regard to the use of dataworks by AI, that the use of copyrighted data needs to be assessed in the light of the need to ensure high level of protection of copyright and the text and data mining exceptions provided for by the Directive on copyright and related rights in the Digital Single Market; highlights the IPR issues arising from the creation of deep fakes on the basis of data which may be subject to copyright and that no new exceptions should be created in this regard; notes that the copyright-protected works used as input to train AI process/software do not require any new policy consideration and should remain under the current copyright framework, which is fit for purpose; considers that voluntary data sharing between businesses and sectors based on fair contractual arrangements should be promoted and that, in this context, use of data subsisting in copyright works should be managed through licensing agreements; notes the legal problems arising from the creation of deep fakes on the basis of misleading, manipulated, low quality and/or unauthorised use of copyright-protected data; stresses that concerns regarding this technology need to be addressed in terms of IPR, credibility, fraud, and privacy aspects;
Amendment 128 #
2020/2015(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses the importance of full implementation of the Digital Single Market Strategy in order to improve data accessibility in the EU; stresses that the European Data Strategy must ensure the balance between the promotion of the flow and wider use and sharing of data and the protection of the IPR, privacy and trade secrets; highlights the need to assess in that connection whether EU rules on intellectual property are capable of protecting the data needed for the development of AI; considers that comprehensive information should be provided on the use of data protected by IPRs, in particular in the context of platform-to-business relationships;
Amendment 24 #
2020/2012(INL)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the Union has a strict legal framework in place to ensure, inter alia, the protection of personal data and privacy and against discrimination, promote gender balance, environment protection and consumers’ rights;
Amendment 25 #
2020/2012(INL)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas such an extensive body of horizontal and sectoral legislation , including the existing rules on product safety and liability, will continue to apply in relation to artificial intelligence, robotics and related technologies, although certain adjustments to specific legal instruments may be necessary to reflect the digital transformation and address new challenges posed by the use of artificial intelligence;
Amendment 26 #
2020/2012(INL)
Motion for a resolution
Recital E
Recital E
E. whereas such questions should be addressed through a comprehensivein addition to adjustments to existing legislation a common and future-proof legal framework reflecting the Union’s principles and values as enshrined in the Treaties and the Charter of Fundamental Rights that wouldis needed to address the ethical questions related to development, deployment and use of artificial intelligence, robotics and related technologies in order to bring legal certainty to businesses and citizens alike;
Amendment 36 #
2020/2012(INL)
Motion for a resolution
Recital F
Recital F
F. whereas for the scope of thatsuch regulatory framework to be adequate it should cover a wide range of technologies and their components, including algorithms, software and data used or produced by them, proportionate and avoid the creation of unnecessary burdens, especially for SMEs, it should cover only those technologies in relation to which, considering their intended use and the sectors where they are employed, significant risk can be expected to occur;
Amendment 40 #
2020/2012(INL)
Motion for a resolution
Recital G
Recital G
G. whereas that framework should encompass all situations requiring due consideration of the Union’s principles and values, namely development, deployment and use of the relevant high-risk technologies and their components;
Amendment 42 #
2020/2012(INL)
Motion for a resolution
Recital H
Recital H
H. whereas a harmonised approach to ethical principles relating to high-risk artificial intelligence, robotics and related technologies requires a common understanding in the Union of those concepts and of concepts such as algorithms, software, data or biometric recognition;
Amendment 46 #
2020/2012(INL)
Motion for a resolution
Recital I
Recital I
I. whereas action at Union level is justified by the need for a homogenous application of common ethical principles when developing, deploying and using high-risk artificial intelligence, robotics and related technologies;
Amendment 60 #
2020/2012(INL)
Motion for a resolution
Recital L
Recital L
Amendment 66 #
2020/2012(INL)
Motion for a resolution
Subheading 2
Subheading 2
Human-centric and human-made artificial intelligence
Amendment 72 #
2020/2012(INL)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Declares that the development, deployment and use of high-risk artificial intelligence, robotics and related technologies, including but not exclusively by human beings, should always respect human agency and oversight, as well as allow the retrieval of human control at any timewhen needed;
Amendment 81 #
2020/2012(INL)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Considers that the determination of whether artificial intelligence, robotics and related technologies are to be considered high-risk as regards compliance with ethical principles should always follow from an impartial, regulated and external assessmentwhen, considering their intended use and the critical sectors where they are employed, their autonomous operation involves a significant potential to cause harm to one or more persons, in a manner that is random and impossible to predict in advance; considers that the significance of the risks depends on the interplay between the severity of possible harm, the likelihood that the risk materialises and the manner in which the technologies are being used;
Amendment 97 #
2020/2012(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Maintains that high-risk artificial intelligence, robotics and related technologies, including the software, algorithms and data used or produced by such technologies should be developed in a secure, technically rigorous manner and in good faith;
Amendment 112 #
2020/2012(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Recalls that the development, deployment and use of high-risk artificial intelligence, robotics and related technologies, including the software, algorithms and data used or produced by such technologies, should respect human dignity and ensure equal treatment for all;
Amendment 120 #
2020/2012(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Affirms that possible bias in and discrimination by software, algorithms and data should be addressed by setting rules for the processes through which they are designed and used, as this approach would have the potential to turn software, algorithms and data into a considerable counterbalance to unfair bias and discrimination, and a positive force for social change;
Amendment 126 #
2020/2012(INL)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Emphasises that socially responsible artificial intelligence, robotics and related technologies shouldhas a role to play in contributing to find solutions that safeguard and promote fundamental values of our society such as democracy, diverse and independent media and objective and freely available information, health and economic prosperity, equality of opportunity, workers’ and social rights, quality education, cultural and linguistic diversity, gender balance, digital literacy, innovation and creativity;
Amendment 139 #
2020/2012(INL)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Insists that the developmenter, deploymenters and users of these technologies should not causebe held responsible for injury or harm of any kind to individuals or society in accordance with the relevant Union and national liability rules;
Amendment 143 #
2020/2012(INL)
Motion for a resolution
Paragraph 10
Paragraph 10
10. States that it is essential thathigh-risk artificial intelligence, robotics and related technologies can contribute to finding solutions to support the achievement of sustainable development, climate neutrality and circular economy goals; the development, deployment and use of these technologies should be environmentally friendly, and contribute to minimising any harm caused to the environment during their lifecycle and across their entire supply chain in line with Union law;
Amendment 154 #
2020/2012(INL)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Points out that the possibility provided by thesehigh-risk technologies of using personal data and non-personal data to categorise and micro-target people, identify the vulnerabilities of individuals, or exploit accurate predictive knowledge, has to be counterweighted by the principles of data minimisation, the right to obtain an explanation of a decision based on automated processing and privacy by design, as well as those of proportionality, necessity and limitation based on purpose in compliance with GDPR;
Amendment 155 #
2020/2012(INL)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 166 #
2020/2012(INL)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Stresses that appropriate governance of the development, deployment and use of high-risk artificial intelligence, robotics and related technologies, including by having measures in place focusing on accountability and addressing potential risks of unfair bias and discrimination, increases citizens’ safety and trust in those technologies;
Amendment 174 #
2020/2012(INL)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Observes that data are used in large volumes in the development of high-risk artificial intelligence, robotics and related technologies and that the processing, sharing of and access to such data must be governed in accordance with the requirements of quality, integrity, security, privacy and control;
Amendment 186 #
2020/2012(INL)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Notes the added value of having national supervisory authorities in each Member State responsible for ensuring, assessing and monitoring compliance with ethical principles for the development, deployment and use of high-risk artificial intelligence, robotics and related technologies;
Amendment 190 #
2020/2012(INL)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Calls for such authorities to be tasked with promoting regular exchanges with civil society and innovation within the Union by providing assistance to concerned stakeholders, in particular small and medium-sized enterprises or start-ups;
Amendment 194 #
2020/2012(INL)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Suggests that, in the context of such a cooperation, common criteria and an application process be developed for the granting of a European certificate of ethical compliance following a request by any developer, deployer or user seeking to certify the positive assessment of compliance carried out by the respective national supervisory authority;
Amendment 195 #
2020/2012(INL)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 203 #
2020/2012(INL)
Motion for a resolution
Subheading 11
Subheading 11
Amendment 209 #
2020/2012(INL)
Motion for a resolution
Paragraph 22
Paragraph 22
Amendment 215 #
2020/2012(INL)
Motion for a resolution
Paragraph 23
Paragraph 23
Amendment 227 #
2020/2012(INL)
Motion for a resolution
Paragraph 24
Paragraph 24
Amendment 233 #
2020/2012(INL)
Motion for a resolution
Subheading 12
Subheading 12
Amendment 235 #
2020/2012(INL)
Motion for a resolution
Paragraph 25
Paragraph 25
Amendment 247 #
2020/2012(INL)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Stresses that the Union’s ethical principles for the development, deployment and use of these high-risk technologies should be promoted worldwide by cooperating with international partners and liaising with third countries with different development and deployment models.
Amendment 254 #
2020/2012(INL)
Motion for a resolution
Paragraph 28
Paragraph 28
Amendment 261 #
2020/2012(INL)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Concludes, following the above reflections on aspects related to the high- risk ethical dimension of artificial intelligence, robotics and related technologies, that the ethical dimension should be framed as a series of principles resulting in a legal framework at Union level supervised by national competent authorities, coordinated and enhanced by a European Agency for Artificial Intelligence and duly respected and certified within the internal market;
Amendment 267 #
2020/2012(INL)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Following the procedure of Article 225 of the Treaty on the Functioning of the European Union, requests the Commission to submit a proposal for a Regulation on ethical principles for the development, deployment and use of high-risk artificial intelligence, robotics and related technologies on the basis of Article 114 of the Treaty on the Functioning of the European Union and following the detailed recommendations set out in the annex hereto;
Amendment 275 #
2020/2012(INL)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Considers that the requested proposal woulddoes not have financial implications if a new European Agency for Artificial Intelligence is set up;
Amendment 279 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point I – indent 1
Annex I – part A – point I – indent 1
- to build trust in high-risk artificial intelligence, robotics and related technologies by ensuring that these technologies will be developed, deployed and used in an ethical manner;
Amendment 284 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point I – indent 2
Annex I – part A – point I – indent 2
- to support the development of high- risk artificial intelligence, robotics and related technologies in the Union, including by helping businesses and start- ups to assess and address regulatory requirements and risks during the development process;
Amendment 288 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point I – indent 3
Annex I – part A – point I – indent 3
- to support deployment of high-risk artificial intelligence, robotics and related technologies in the Union by providing the appropriate regulatory framework;
Amendment 290 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point I – indent 4
Annex I – part A – point I – indent 4
- to support use of high-risk artificial intelligence, robotics and related technologies in the Union by ensuring that they are developed, deployed and used in an ethical manner;
Amendment 292 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point I – indent 5
Annex I – part A – point I – indent 5
- to require better information flows among citizens and within organisations developing, deploying or using high-risk artificial intelligence, robotics and related technologies as a means of ensuring that these technologies are compliant with the ethical principles of the proposed Regulation.
Amendment 293 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point II – indent 1
Annex I – part A – point II – indent 1
- a “Regulation on ethical principles for the development, deployment and use of high-risk artificial intelligence, robotics and related technologies”;
Amendment 296 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point II – indent 2
Annex I – part A – point II – indent 2
Amendment 299 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point II – indent 4
Annex I – part A – point II – indent 4
- the work carried out by the “Supervisory Authority” in each Member State to ensure that ethical principles are applied to high-risk artificial intelligence, robotics and related technologies;
Amendment 303 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point III – introductory part
Annex I – part A – point III – introductory part
III. The “Regulation on ethical principles for the development, deployment and use of high-risk artificial intelligence, robotics and related technologies” builds on the following principles:
Amendment 305 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point III – indent 1
Annex I – part A – point III – indent 1
- human-centric and human-made artificial intelligence, robotics and related technologies;
Amendment 309 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point III – indent 4
Annex I – part A – point III – indent 4
- safeguards against unfair bias and discrimination;
Amendment 312 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point III – indent 6
Annex I – part A – point III – indent 6
- environmentally friendly and sustainable artificial intelligence, robotics and related technologies;
Amendment 317 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point IV – indent 1 a (new)
Annex I – part A – point IV – indent 1 a (new)
- to issue guidance as regards the application of the proposed Regulation in order to ensure its consistent application, namely regarding the application of the criteria for artificial intelligence, robotics and related technologies to be considered high-risk;
Amendment 319 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point IV – indent 1 b (new)
Annex I – part A – point IV – indent 1 b (new)
- to liaise with the “Supervisory Authority” in each Member State;
Amendment 326 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point V
Annex I – part A – point V
Amendment 328 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point V – indent 1
Annex I – part A – point V – indent 1
Amendment 330 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point V – indent 2
Annex I – part A – point V – indent 2
Amendment 332 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point V – indent 3
Annex I – part A – point V – indent 3
Amendment 335 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point V – indent 4
Annex I – part A – point V – indent 4
Amendment 337 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point V – indent 5
Annex I – part A – point V – indent 5
Amendment 342 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point VI – indent 1
Annex I – part A – point VI – indent 1
- to assess whether artificial intelligence, robotics and related technologies, including software, algorithms and data used or produced by such technologies, developed, deployed and used in the Union are high-risk technologies in accordance with the criteria defined in the proposed Regulation;
Amendment 347 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point VI – indent 2 a (new)
Annex I – part A – point VI – indent 2 a (new)
- to issue a certificate of compliance with ethical principles, in line with common criteria and an application process developed in cooperation with other Supervisory Authorities, the European Commission and other relevant institutions, bodies, offices and agencies of the Union;
Amendment 348 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point VI – indent 3
Annex I – part A – point VI – indent 3
- to contribute to the consistent application of the proposed Regulation in cooperation with other Supervisory Authorities, the European Commission and other relevant institutions, bodies, offices and agencies of the Union, namely regarding the application of the criteria for artificial intelligence, robotics and related technologies to be considered high-risk by elaborating, in the context of such cooperation, a common and exhaustive list of high-risk artificial intelligence, robotics and related technologies in line with the criteria set out in this Regulation; and
Amendment 361 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point VII
Annex I – part A – point VII
VII. The key role of stakeholders should be to engage with the Commission, the European Agency for Artificial Intelligence and the “Supervisory Authority” in each Member State.
Amendment 366 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 1
Annex I – part B – recital 1
(1) The development, deployment and use of artificial intelligence, robotics and related technologies, including the software, algorithms and data used or produced by such technologies, are based on a desire to serve society. They can entail opportunities and risks, which should be addressed and regulated by a comprehensive legal framework of ethical principles to be complied with by high-risk technologies from the moment of the development and deployment of such technologies to their use.
Amendment 369 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 2
Annex I – part B – recital 2
(2) The level of compliance with the ethical principles regarding the development, deployment and use of high- risk artificial intelligence, robotics and related technologies, including the software, algorithms and data used or produced by such technologies in the Union should be equivalent in all Member States, in order to efficiently seize the opportunities and consistently address the risks of such technologies. It should be ensured that the application of the rules set out in this Regulation throughout the Union is homogenous.
Amendment 370 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 3
Annex I – part B – recital 3
(3) In this context, the current diversity of the rules and practices to be followed across the Union poses a significant risk of fragmentation of the single market and to the protection of the well-being and prosperity of individuals and society alike, as well as to the coherent exploration of the full potential that artificial intelligence, robotics and related technologies have in promoting and preserving that well-being and prosperity. Differences in the degree of consideration of the ethical dimension inherent to these technologies can prevent them from being freely developed, deployed or used within the Union and such differences can constitute an obstacle to the pursuit of economic activities at Union level, distort competition and impede authorities in the fulfilment of their obligations under Union law. In addition, the absence of a common framework of ethical principles for the development, deployment and use of high-risk artificial intelligence, robotics and related technologies results in legal uncertainty for all those involved, namely developers, deployers and users.
Amendment 377 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 6
Annex I – part B – recital 6
(6) A common understanding in the Union of notions such as artificial intelligence, robotics, related technologies, algorithms and biometric recognition is required in order to allow for a harmonized regulatory approach. However, the specific legal definitions need to be developed in the context of this Regulation without prejudice to other definitions used in other legal acts and international jurisdictions.
Amendment 385 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 7
Annex I – part B – recital 7
(7) The development, deployment and use of artificial intelligence, robotics and related technologies, including the software, algorithms and data used or produced by such technologies, should be such as to ensure that the best interests of citizens are considered, and shouldby respecting fundamental rights as set out in the Charter of Fundamental Rights of the European Union (‘the Charter’), settled case-law of the Court of Justice of the European Union, and other European and international instruments which apply in the Union.
Amendment 387 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 8
Annex I – part B – recital 8
(8) AHigh-risk artificial intelligence, robotics and related technologies have been provided with the ability to learn from data and experience, as well as to take founded decisions. Such capacities need to remain subject to meaningful human review, judgment, intervention and control. The technical and operational complexity of such technologies should never prevent their deployer or user from being able to, at the very least, alter or halt them in cases where the compliance with the principles set out in this Regulation is at risk.
Amendment 393 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 9
Annex I – part B – recital 9
(9) Any artificial intelligence, robotics and related technologies, including the software, algorithms and data used or produced by such technologies, which entails a are to be considered high -risk, of breaching the principles of safety, transparency, accountability, non-bias or non- discrimination, social responsibility and gender balance, environmental friendliness and sustainability, privacy and governance, should be considered high-risk from a compliance with ethical principles perspective where that is the conclusion of an impartial, regulated and external risk assessment by the national supervisory authorityn the basis of an impartial, objective and external risk assessment by the national supervisory authority when, considering their intended use and the critical sectors where they are employed, their autonomous operation involves a significant potential to cause harm to one or more persons, in a manner that is random and impossible to predict in advance.
Amendment 395 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 9 a (new)
Annex I – part B – recital 9 a (new)
(9a) Determining how significant the potential to cause harm or damage by high-risk artificial intelligence, robotics and related technologies should depend on the interplay between the severity of possible harm, the likelihood that the risk materialises and the manner in which the technologies are being used. The degree of severity should be determined based on the extent of the potential harm resulting from the operation, the number of affected persons, the total value of the potential damage as well as the harm to society as a whole. The likelihood should be determined based on the role of the algorithmic calculations in the decision- making process, the complexity of the decision and the reversibility of the effects. Ultimately, the manner of usage should depend, among other things, on whether, taking into account the specific sector in which the artificial intelligence, robotics and related technologies operate, it could have legal or factual effects on important legally protected rights of the affected person, and whether the effects can reasonably be avoided.
Amendment 397 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 10
Annex I – part B – recital 10
Amendment 404 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 11
Annex I – part B – recital 11
(11) To be trustworthy high-risk artificial intelligence, robotics and related technologies, including the software, algorithms and data used or produced by such technologies should be developed, deployed and used in a safe, transparent and accountable manner based on the features of robustness, resilience, security, accuracy and error identification, explainability and identifiability, and in a manner that makes it possible to be temporarily disabled and to revert to historical functionalities in cases of non- compliance with those safety features.
Amendment 407 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 13
Annex I – part B – recital 13
(13) Developers and deployers should make available to users any subsequent updates of the technologies concerned, namely in terms of software, in accordance with the obligations stipulated in the contract or laid down in Union or national law.
Amendment 410 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 14
Annex I – part B – recital 14
(14) To the extent that their involvement with those technologies influences the compliance with the safety, transparency and accountability requirements set out in this Regulation, users should use high-risk artificial intelligence, robotics and related technologies in good faith. This means, in particular, that they should not use those technologies in a way thaccordance with the safety and use instructions provided by the developer and/or the deployer and in a way that does not contravenes the ethical principles laid down in this legal framework and the requirements listed therein. Beyond such use in good faith, users should be exempt from any responsibility that otherwise falls upon developers and deployers as established in this Regulation.
Amendment 413 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 15
Annex I – part B – recital 15
(15) The citizens’ trust in high-risk artificial intelligence, robotics and related technologies, including the software, algorithms and data used or produced by such technologies, depends on the understanding and comprehension of the technical processes. The degree of explainability of such processes should depend on the context and the severity of the consequences of an erroneous or inaccurate output of those technical processes, and needs to be sufficient for challenging them and seeking redress. Auditability and traceability should remedy the possible unintelligibility of such technologies.
Amendment 416 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 16
Annex I – part B – recital 16
(16) Society’s trust in high-risk artificial intelligence, robotics and related technologies, including the software, algorithms and data used or produced by such technologies, depends on the degree to which their assessment, auditability and traceability are enabled in the technologies concerned. Where the extent of their involvement so requires, developers should ensure that such technologies are designed and built in a manner that enables such an assessment, auditing and traceability. Deployers and users should ensure that artificial intelligence, robotics and related technologies are deployed and used in full respect of transparency requirements, and allowing auditing and traceability.
Amendment 425 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 21
Annex I – part B – recital 21
(21) Artificial intelligence, robotics and related technologies, including software, algorithms and data used or produced by such technologies, should perform on the basis ofcontribute to sustainable progress. Such technologies should contribute comprehensively to thecan also play an important role in achievementing of the Sustainable Development Goals outlined by the United Nations with a view to enabling future generations to flourish. Such technologies can support the monitoring of adequate progress on the basis of sustainability and social cohesion indicators, and by using responsible research and innovation tools requiring the mobilisation of resources by the Union and its Member States to support and invest in projects addressing those goals.
Amendment 427 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 22
Annex I – part B – recital 22
(22) The development, deployment and use of high-risk artificial intelligence, robotics and related technologies, including the software, algorithms and data used or produced by such technologies, should in no way cause injury or harm of any kind to individuals or society. Accordingly, such technologies should be developed, deployed and used in a socially responsible manner. and, therefore,
Amendment 428 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 23
Annex I – part B – recital 23
(23) For the purposes of this Regulation, dDevelopers, deployers and users should be held responsible, to the extent of their involvement in the artificial intelligence, robotics and related technologies concerned, for any injury or harm inflicted upon individuals and society in accordance with Union and national liability rules.
Amendment 429 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 24
Annex I – part B – recital 24
Amendment 430 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 25
Annex I – part B – recital 25
(25) Socially responsible artificial intelligence, robotics and related technologies, including the software, algorithms and data used or produced by such technologies, can be defined as technologies which bothcontribute to find solutions that safeguard and promote a number of different aspects of society, most notably democracy, health and economic prosperity, equality of opportunity, workers’ and social rights, diverse and independent media and objective and freely available information, allowing for public debate, quality education, cultural and linguistic diversity, gender balance, digital literacy, innovation and creativity. Nevertheless, those requirements shall be applicable only to high-risk artificial intelligence, robotics and related technologies. They are also those that are developed, deployed and used having due regard for their ultimate impact on the physical and mental well- being of citizens.
Amendment 433 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 26
Annex I – part B – recital 26
(26) These technologies shouldcan also be developed, deployed and used with a view to supporting social inclusion, plurality, solidarity, fairness, equality and cooperation and their potential in that context should be maximized and explored through research and innovation projects. The Union and its Member States should therefore mobilise their resources for the purpose of supporting and investing in such projects.
Amendment 436 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 28
Annex I – part B – recital 28
(28) The development, deployment and use of high-risk artificial intelligence, robotics and related technologies, including the software, algorithms and data used or produced by such technologies, should take into consideration their environmental footprint and should not cause harm to the environment during their lifecycle and across their entire supply chain. Accordingly,. In line with the obligations laid down in Union law, high-risk artificial intelligence, robotics and related technologies, including the software, algorithms and data used or produced by such technologies should be developed, deployed and used in an environmentally friendlysustainable manner that supports the achievement of climate neutrality and circular economy goals.
Amendment 439 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 29
Annex I – part B – recital 29
(29) For the purpoDevelopers, deployers and users of this Regulation, developers, deployers and usershigh-risk artificial intelligence, robotics and related technologies, including the software, algorithms and data used or produced by such technologies, should be held responsible, to the extent of their involvement in the development, deployment or use of the artificial intelligence, robotics and related technologies concerned, for any harm caused to the environment in accordance with the applicable environmental liability rules.
Amendment 441 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 30
Annex I – part B – recital 30
Amendment 442 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 31
Annex I – part B – recital 31
(31) These technologies should also be developed, deployed and used with a view to supporting the achievement of environmental goals prescribed in Union law, such as reducing waste production, diminishing the carbon footprint, preventing climate change and avoiding environmental degradation, and their potential in that context should be maximized and explored through research and innovation projects. The Union and the Member States should therefore mobilise their resources for the purpose of supporting and investing in such projects.
Amendment 446 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 33
Annex I – part B – recital 33
(33) AnyHigh-risk artificial intelligence, robotics and related technologies, including software, algorithms and data used or produced by such technologies, developed, deployed and used in the Union should fully respect Union citizens’ rights to privacy and protection of personal data. In particular, their development, deployment and use should be in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council1 and Directive 2002/58/EC of the European Parliament and of the Council2 . __________________ 1Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1). 2 Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201, 31.7.2002, p. 37).
Amendment 447 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 34
Annex I – part B – recital 34
(34) TIn particular, the ethical boundaries of the use of artificial intelligence, robotics and related technologies, including software, algorithms and data used or produced by such technologies, should be duly considered when using remote recognition technologies, such as biometric recognition, to automatically identify individuals. When these technologies are used by public authorities during times of national emergency, such as during a national health crisis, the use should be proportionate and criteria for that use defined in order to be able to determine whether, when and how it should take place, and such use should be mindful of its psychological and sociocultural impact with due regard for human dignity and the fundamental rights set out in the Charter.
Amendment 451 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 35
Annex I – part B – recital 35
(35) Governance that is based on relevant standards enhances safety and promotes the increase of citizens’ trust in the development, deployment and use of high-risk artificial intelligence, robotics and related technologies including software, algorithms and data used or produced by such technologies.
Amendment 457 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 37
Annex I – part B – recital 37
(37) Sharing and use of data by multiple participants is sensitive and therefore the development, deployment and use of high- risk artificial intelligence, robotics and related technologies should be governed by relevant rules, standards and protocols reflecting the requirements of quality, integrity, security, privacy and control. The data governance strategy should focus on the processing, sharing of and access to such data, including its proper management and traceability, and guarantee the adequate protection of data belonging to vulnerable groups, including people with disabilities, patients, children, minorities and migrants.
Amendment 463 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 38
Annex I – part B – recital 38
(38) The effective application of the ethical principles laid down in this Regulation will largely depend on Member States’ appointment of an independent public authority to act as a supervisory authority. In particular, each national supervisory authority should be responsible for assessing and monitoring the compliance of artificial intelligence, robotics and related technologies considered a high-risk in light of the obligationsjective criteria set out in this Regulation.
Amendment 469 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 40 a (new)
Annex I – part B – recital 40 a (new)
(40a) In the context of such cooperation, national supervisory authorities, together with the European Commission and other relevant institutions, bodies, offices and agencies of the Union, should elaborate a common and exhaustive list of high-risk artificial intelligence, robotics and related technologies in line with the criteria set out in this Regulation and develop common criteria and an application process should be developed for the granting of a European certificate of ethical compliance.
Amendment 472 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 42 a (new)
Annex I – part B – recital 42 a (new)
(42a) Full harmonisation approach is needed at the European level. Therefore, the European Commission shall be tasked to find an appropriate solution to structure such an approach. The goal is to avoid creation of another one agency. Instead, we have to find strict rules and guidelines for cooperation between Member States.
Amendment 474 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 43
Annex I – part B – recital 43
Amendment 481 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 46
Annex I – part B – recital 46
Amendment 487 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 1 – paragraph 1
Annex I – part B – Article 1 – paragraph 1
The purpose of this Regulation is to establish a regulatory framework of ethical principles for the development, deployment and use of high-risk artificial intelligence, robotics and related technologies in the Union.
Amendment 490 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 2 – paragraph 1
Annex I – part B – Article 2 – paragraph 1
This Regulation applies to high-risk artificial intelligence, robotics and related technologies, including software, algorithms and data used or produced by such technologies, developed, deployed or used in the Union.
Amendment 491 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 2 – paragraph 1 a (new)
Annex I – part B – Article 2 – paragraph 1 a (new)
1a. This Regulation shall not apply to artificial intelligence, robotics and related technologies, including software, algorithms and data used or produced by such technologies, developed, deployed or used in the Union which are not considered high-risk.
Amendment 495 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 4 – paragraph 1 – point a
Annex I – part B – Article 4 – paragraph 1 – point a
(a) ‘artificial intelligence’ means software systems that, inter alia, collect, process and interpret structured or unstructured data, identify patterns and establish models in order to reach conclusions or take actions in the physical or virtual dimension basdisplay intelligent behaviour by analysing certain input and taking action, with some degree of autonomy, to achieve specific goals. AI systems can be purely software-based, acting in virtual world, or can be embedded oin such conclusionhardware devices;
Amendment 504 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 4 – paragraph 1 – point f a (new)
Annex I – part B – Article 4 – paragraph 1 – point f a (new)
(fa) ‘autonomous’ means an artificial intelligence, robotics or related technology that operates by perceiving certain input and without needing to follow a set of pre-determined instructions, despite its behaviour being constrained by the goal it was given and other relevant design choices made by its developer;
Amendment 505 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 4 – paragraph 1 – point f b (new)
Annex I – part B – Article 4 – paragraph 1 – point f b (new)
(fb) ‘high risk’ means a significant potential in an autonomously operating artificial intelligence, robotics and related technology to cause harm or damage to one or more persons in a manner that is random and impossible to predict in advance, considering its intended use and the critical sector where it is employed;[FDCM1] the significance of the potential depends on the interplay between the severity of possible harm or damage, the likelihood that the risk materialises and the manner in which the AI-system is being used;
Amendment 518 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 4 – paragraph 1 – point o
Annex I – part B – Article 4 – paragraph 1 – point o
(o) ‘injury or harm’ means physical, emotional or mental injury, bias, discrimination or stigmatization, suffering caused by a lack of inclusivity and diversitysuch as hate speech, loss of privacy bias, financial or economic loss, loss of employment or educational opportunity, undue restriction of freedom of choice, wrongful conviction, environmental harmand expression and any infringement of Union law that is detrimental to a person;
Amendment 523 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 4 – paragraph 1 – point p
Annex I – part B – Article 4 – paragraph 1 – point p
(p) ‘governance’ means the manner of ensuring that the highestappropriate standards and the appropriate protocols of behaviour are adopted and observed by developers, deployers and users, based on a formal set of rules, procedures and values, and which allows them to deal appropriately with ethical matters as or before they arise.
Amendment 525 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 5 – paragraph 1
Annex I – part B – Article 5 – paragraph 1
1. Any high-risk artificial intelligence, robotics and related technologies, including software, algorithms and data used or produced by such technologies, shall be developed, deployed and used in the Union in accordance with the ethical principles laid down in this Regulation.
Amendment 526 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 5 – paragraph 2
Annex I – part B – Article 5 – paragraph 2
2. The development, deployment and use of high-risk artificial intelligence, robotics and related technologies, including software, algorithms and data used or produced by such technologies, shall be carried out in a manner thatthe best interest of citizens and contribute to protect the social, economic and well-being of society by ensuresing that human dignity and the fundamental rights set out in the Charter are fully respected.
Amendment 527 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 5 – paragraph 3
Annex I – part B – Article 5 – paragraph 3
Amendment 531 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 6 – title
Annex I – part B – Article 6 – title
Human-centric and human-made artificial intelligence
Amendment 532 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 6 – paragraph 1
Annex I – part B – Article 6 – paragraph 1
1. Any high-risk artificial intelligence, robotics and related technologies, including software, algorithms and data used or produced by such technologies, shall be developed, deployed and used in a human- centric manner with the aim of contributing to the existence of a democratic, pluralistic and equitable society by safeguarding human autonomy and decision-making and ensuring human agency.
Amendment 535 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 6 – paragraph 2
Annex I – part B – Article 6 – paragraph 2
2. The technologies listed in paragraph 1 shall be developed, deployed and used in a manner that guarantees full human oversight at any time, in particular where that development, deployment or use entails a risk of breaching the ethical principles set out in this Regulation.
Amendment 538 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 6 – paragraph 3
Annex I – part B – Article 6 – paragraph 3
3. The technologies listed in paragraph 1 shall be developed, deployed and used in a manner that allows human control to be regained at any timewhen needed, including through the altering or halting of those technologies, when that development, deployment or use entails a risk of breaching the ethical principles set out in this Regulation.
Amendment 541 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 7 – paragraph 1
Annex I – part B – Article 7 – paragraph 1
1. For the purposes of this Regulation, artificial intelligence, robotics and related technologies, including software, algorithms and data used or produced by such technologies, which entail a significant risk of breaching the ethical principles set out in this Regulation shall be considered high-risk technologiesshall be considered high-risk technologies when, considering their intended use and the critical sectors where they are employed in accordance with the Annex to this Regulation, their autonomous operation involves a significant potential to cause harm to one or more persons, in a manner that is random and impossible to predict in advance. Determining the significance of the potential shall depends on the interplay between the severity of possible harm or damage, the likelihood that the risk materializes and the manner in which the AI-system is being used.
Amendment 543 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 7 – paragraph 1 a (new)
Annex I – part B – Article 7 – paragraph 1 a (new)
1a. The risk assessment of artificial intelligence, robotics and related technologies, including software, algorithms and data used or produced by such technologies, shall be carried out by the national supervisory authorities referred to in Article 14 on the basis of a common and exhaustive list of high-risk artificial intelligence, robotics and related technologies in accordance with the objective criteria provided for in paragraph 1 of this Article and elaborated jointly by the national supervisory authorities, the European Commission and other relevant institutions, bodies, offices and agencies of the Union in the context of their cooperation.
Amendment 545 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 7 – paragraph 2 a (new)
Annex I – part B – Article 7 – paragraph 2 a (new)
2a. Upon request by any developer, deployer or user of high-risk artificial intelligence, robotics and related technologies are considered high-risk technologies seeking to certify the positive assessment of compliance carried out, the respective national supervisory authority shall issue a European certificate of ethical compliance. Such a European certificate of ethical compliance shall be issued in accordance with the common criteria and an application process developed jointly by the national supervisory authorities, the European Commission and other relevant institutions, bodies, offices and agencies of the Union in the context of their cooperation.
Amendment 546 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 7 – paragraph 3
Annex I – part B – Article 7 – paragraph 3
Amendment 548 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 7 a (new)
Annex I – part B – Article 7 a (new)
Article 7a Voluntary labelling scheme for non high- risk AI technologies 1. For artificial intelligence, robotics and related technologies, including software, algorithms and data used or produced by such technologies that do not qualify as high-risk and that are not subject to the mandatory requirements and risk assessment established by this Regulation, a voluntary labelling scheme should be established. 2. Under such a voluntary labelling scheme, interested economic operators can decide to make themselves subject either to the requirements listed in this Regulation or to a specific set of similar requirements especially established for the purposes of the voluntary scheme by national authorities. 3. The economic operators concerned shall be awarded a quality label for their artificial intelligence, robotics and related technologies, including software, algorithms and data used or produced by such technologies, provided that those technologies comply with the applicable requirements in accordance with paragraph 2 of this Article.
Amendment 549 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 8 – paragraph 1 – introductory part
Annex I – part B – Article 8 – paragraph 1 – introductory part
1. Any high-risk artificial intelligence, robotics and related technologies, including software, algorithms and data used or produced by such technologies, developed, deployed or used in the Union shall be developed, deployed and used in a manner that ensures they do not breach the ethical principles set out in this Regulation. In particular, they shall be:
Amendment 553 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 8 – paragraph 1 – point b
Annex I – part B – Article 8 – paragraph 1 – point b
(b) developed, deployed and used in a resilient manner so that they ensure an adequate level of security, and one that prevents any technical vulnerabilities from being exploited for unfairmalicious or unlawful purposes;
Amendment 555 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 8 – paragraph 1 – point c
Annex I – part B – Article 8 – paragraph 1 – point c
(c) developed, deployed and used in a secure manner that ensures there are safeguards that include a fall-back plan and action in case of a risk of a breach of the ethical principles set out in this Regulationsafety or security risk;
Amendment 558 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 8 – paragraph 1 – point d
Annex I – part B – Article 8 – paragraph 1 – point d
(d) developed, deployed and used in a manner that ensures that there is trust that the performance is reliable as regards reaching the aims and carrying out the activities they have been conceived for, including by ensuring that all operations are reproducible;
Amendment 563 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 8 – paragraph 1 – point g
Annex I – part B – Article 8 – paragraph 1 – point g
(g) developed, deployed and used in a manner such that they are capable of warning users that they are interacting with artificial intelligence systems, duly disclosing their capabilities, accuracy and limitations to artificial intelligence developers, deployers and users;
Amendment 566 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 8 – paragraph 2
Annex I – part B – Article 8 – paragraph 2
2. In accordance with Article 6(2), the technologies mentioned in paragraph 1 shall be developed, deployed and used in transparent and traceable manner so that their elements, processes and phases are documented to the highest possible standards, and that it is possible for the national supervisory authorities referred to in Article 14 to assess the compliance of such technologies with the obligations set out in this Regulation. In particular, the developer, deployer or user of those technologies shall be responsible for, and be able to demonstrate, compliance with the safety features set out in paragraph 1.
Amendment 572 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 8 – paragraph 4
Annex I – part B – Article 8 – paragraph 4
4. Users shall be presumed to have complied with the obligations set out in this Article where their use of artificial, robotics and related technologies, including software, algorithms and data used or produced by such technologies, is carried out in good faith in accordance with the safety and use instructions provided by the developed and/or the deployer and in no way contravenesing the ethical principles laid down in this Regulation.
Amendment 573 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 9 – paragraph 1
Annex I – part B – Article 9 – paragraph 1
1. Any high-risk software, algorithm or data used or produced by artificial intelligence, robotics and related technologies developed, deployed or used in the Union shall be such as to ensure respect for human dignity and equal treatment for all in line with Union law.
Amendment 577 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 9 – paragraph 2
Annex I – part B – Article 9 – paragraph 2
2. Any high-risk software, algorithm or data used or produced by artificial intelligence, robotics and related technologies developed, deployed or used in the Union shall be unbiased and, without prejudice to paragraph 3, shall not discriminate on grounds such as race, gender, sexual orientation, pregnancy, disability, physical or genetic features, age, national minority, ethnic or social origin, language, religion or belief, political views or civic participation, citizenship, civil or economic status, education, or criminal record.
Amendment 582 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 10 – paragraph 1
Annex I – part B – Article 10 – paragraph 1
1. Any high-risk artificial intelligence, robotics and related technologies, including software, algorithms and data used or produced by such technologies, shall be developed, deployed and used in the Union in compliance with the relevant Union law, principles and values, in aa socially responsible manner that ensures optimal socialsocial well-being, environmental and economic outcomes that contributes to gender balance and that does not result in injury or harm of any kind to being caused to individuals or society in compliance with relevant Union laws, principles and values.
Amendment 583 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 10 – paragraph 2
Annex I – part B – Article 10 – paragraph 2
Amendment 586 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 10 – paragraph 2 – point a
Annex I – part B – Article 10 – paragraph 2 – point a
Amendment 588 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 10 – paragraph 2 – point b
Annex I – part B – Article 10 – paragraph 2 – point b
Amendment 589 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 10 – paragraph 2 – point c
Annex I – part B – Article 10 – paragraph 2 – point c
Amendment 592 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 10 – paragraph 2 – point d
Annex I – part B – Article 10 – paragraph 2 – point d
Amendment 595 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 10 – paragraph 2 – point e
Annex I – part B – Article 10 – paragraph 2 – point e
Amendment 600 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 10 – paragraph 3
Annex I – part B – Article 10 – paragraph 3
3. The Union and its Member States shall encourage research projects intended to provide solutions, based on artificial intelligence, robotics and related technologies, that seek to promote social inclusion, democracy, plurality, solidarity, fairness, equality and cooperation.
Amendment 601 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 10 – paragraph 4
Annex I – part B – Article 10 – paragraph 4
Amendment 604 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 11 – title
Annex I – part B – Article 11 – title
Environmental friendliness and sustainability
Amendment 606 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 11 – paragraph 1
Annex I – part B – Article 11 – paragraph 1
1. Any high-risk artificial intelligence, robotics and related technologies, including software, algorithms and data used or produced by such technologies, shall be developed, deployed or used in the Union in compliance with Union law, principles and values, in a manner that ensures optimal environmentally friendlysustainable outcomes and minimises their environmental footprint during their lifecycle and through their entire supply chain, in order to support the achievement of climate neutrality and circular economy goals in accordance with the applicable Union law.
Amendment 611 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 11 – paragraph 3
Annex I – part B – Article 11 – paragraph 3
3. Any high-risk artificial intelligence, robotics and related technologies, including software, algorithms and data used or produced by such technologies, shall be assessed as to their environmental friendliness and sustainability by the national supervisory authorities, referred to in Article 14, ensuring that measures are put in place to mitigate their general impact as regards natural resources, energy consumption, waste production, the carbon footprint, climate change and environmental degradation in order to ensure compliance with the applicable Union or national law.
Amendment 616 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 12 – paragraph 1 a (new)
Annex I – part B – Article 12 – paragraph 1 a (new)
1a. The use and gathering of biometric data for remote identification purposes for deployment of facial recognition in public area, carries specific risk for fundamental rights and shall be limited only to substantial public interest in accordance with EU data protection rules and, in particular, the GDPR. In that case, the processing must take place on the basis of Union or national law, subject to the requirements of proportionality, respect for the essence of the right to data protection and appropriate safeguards and in compliance with Article 12(1).
Amendment 617 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 12 – paragraph 2
Annex I – part B – Article 12 – paragraph 2
Amendment 631 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 14 – paragraph 1
Annex I – part B – Article 14 – paragraph 1
1. Each Member State shall designate an independent public authority to be responsible for monitoring the application of this Regulation (‘supervisory authority’). In accordance with Article 7(1) and (2), each national supervisory authority shall be responsible for assessing whether artificial intelligence, robotics and related technologies, including software, algorithms and data used or produced by such technologies, developed, deployed and used in the Union are high- risk technologies and, if so, for assessing and monitoring their compliance with the ethical principles set out in this Regulation.
Amendment 645 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 15
Annex I – part B – Article 15
Amendment 646 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 15 – paragraph 1
Annex I – part B – Article 15 – paragraph 1
Amendment 647 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 16
Annex I – part B – Article 16
Amendment to Directive (EU) No Directive (EU) No 2019/1937 is amended as follows: (1) In Article 2(1), the following point is added: ‘ ‘(xi) development, deployment and use artificial intelligence, robotics and related technologies.’ (2) In Part I of the Annex, the following point is added: ‘K. Point (a)(xi) of Article 2(1) - development, deployment and use artificial intelligence, robotics and related technologies. “(xxi) Regulation [XXX] of the European Parliament and of the Council on ethical principles for the development, deployment and use artificial intelligence, robotics and related technologies”.’rticle 16 deleted 2019/1937
Amendment 648 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 16 – paragraph 1 – point 1
Annex I – part B – Article 16 – paragraph 1 – point 1
Amendment 649 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 16 – paragraph 1 – point 2
Annex I – part B – Article 16 – paragraph 1 – point 2
Amendment 652 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Annex (new)
Annex I – part B – Annex (new)
Amendment 38 #
2020/0374(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) A fragmentation of the internal market can only be effectively averted if Member States are prevented from applying national rules which are specific to the types of undertakings and services covered by this Regulation. At the same time, sNothing in this Regulation precludes the Member States from imposing the same or stricter obligations on undertakings in pursuit of legitimate public interests, in accordance with Union law. Legitimate public interests include, among others, consumer protection, the fight against unfair competition, and the protection of freedom and pluralism. In particular, there is nothing in this Regulation to preclude the Member States from pursuing these legitimate public interests by imposing obligations on undertakings with gatekeeper status in accordance with this Regulation. Since this Regulation aims at complementing the enforcement of competition law, it should be specified that this Regulation is without prejudice to Articles 101 and 102 TFEU, to the corresponding national competition rules and to other national competition rules regarding unilateral behaviour that are based on an individualised assessment of market positions and behaviour, including its likely effects and the precise scope of the prohibited behaviour, and which provide for the possibility of undertakings to make efficiency and objective justification arguments for the behaviour in question. However, the application of the latter rules should not affect the obligations imposed on gatekeepers under this Regulation and their uniform and effective application in the internal market.
Amendment 41 #
2020/0374(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) Where the gatekeeper has a number of core platform services, separate authentication factors, for example separate user accounts set up for each core platform service, should be possible. It must not be mandatory to combine or link accounts belonging to business or end users.
Amendment 42 #
2020/0374(COD)
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) Gatekeepers may also provide ancillary services aimed at end users, alongside their basic services, and do so in a manner that is indistinguishable for the average user. These ancillary services may compete against the professional users of the platform's basic service and be a significant factor in any market imbalance, leading, ultimately, to an unfair increase in the power of the gatekeeper, including with respect to its commercial partners, such as suppliers of goods and services, who depend on this ancillary service. To prevent gatekeepers from unfairly benefiting from the leverage provided by the ancillary services, these services should also be subject to the obligations applicable to core platform services.
Amendment 60 #
2020/0374(COD)
Proposal for a regulation
Recital 57
Recital 57
(57) In particular gatekeepers which provide access to software application storeCore platform services provided by gatekeepers serve as an important gateway for business users that seek to reach end users. In view of the imbalance in bargaining power between those gatekeepers and business users of their software application stores, those gatekeepers should not be allowed to impose general conditions, including pricing conditions, that would be unfair or lead to unjustified differentiation. Pricing or other general access conditions should be considered unfair if they lead to an imbalance of rights and obligations imposed on business users or confer an advantage on the gatekeeper which is disproportionate to the service provided by the gatekeeper to business users or lead to a disadvantage for business users in providing the same or similar services as the gatekeeper. The following benchmarks can serve as a yardstick to determine the fairness of general access conditions: prices charged or conditions imposed for the same or similar services by another providers of software application storcore platform services; prices charged or conditions imposed by the provider of the software application store for different related or similar services or to different types of end users; prices charged or conditions imposed by the provider of the software application storecore platform services for the same service in different geographic regions; prices charged or conditions imposed by the provider of the software application store for the same service the gatekeeper offers to itself. This obligation should not establish an access right and it should be without prejudice to their ability of providers of software application stores to take the required responsibility in the fight against illegal and unwanted content as set out in Regulation [Digital Services Act].
Amendment 74 #
2020/0374(COD)
Proposal for a regulation
Article premier – paragraph 5
Article premier – paragraph 5
5. Member States shall not impose on gatekeepers further obligations by way of laws, regulations or administrative action for the purpose of ensuring contestable and fair markets. This is without prejudice to rules pursuing other legitimate public interests, in compliance with Union law. In particular, nothing in this Regulation precludes Member States from imposing obligations, which are compatible with Union lawpursue a legitimate public interest, on undertakings, including providers of core platform services where these obligations are unrelated to the relevant undertakings having a status of gatekeeper within the meaning of this Regulation in order to protect consumers or to fight against acts of unfair competition.
Amendment 79 #
2020/0374(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point h b (new)
Article 2 – paragraph 1 – point 2 – point h b (new)
(hb) j) voice assistants.
Amendment 82 #
2020/0374(COD)
(ha) i) web browsers.
Amendment 85 #
2020/0374(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 23 a (new)
Article 2 – paragraph 1 – point 23 a (new)
23a) 'web browsers': software programs used by users of client PCs, mobile devices and other devices to access and interact with web content hosted on servers connected to networks such as the Internet.
Amendment 88 #
2020/0374(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Weak contestability and unfair practices in the digital sector are more frequent and pronounced for certain digital services than for others. This is the case in particular for widespread and commonly used digital services that mostly directly intermediate between business users and end users and where features such as extreme scale economies, very strong network effects, an ability to connect many business users with many end users through the multi-sidedness of these services, lock-in effects, a lack of multi- homing or vertical integration are the most prevalent. Often, there is only one or very few large providers of those digital services. These providers of core platform services have emerged most frequently as gatekeepers for business users and end users with far-reaching impacts, gaining the ability to easily set commercial conditions and terms in a unilateral and detrimental manner for their business users and end users. Accordingly, it is necessary to focus only on those digital services that are most broadly used by business users and end users and where, based on current and prospective market conditions, concerns about weak contestability and unfair practices by gatekeepers are more apparent and pressing from an internal market perspective.
Amendment 89 #
2020/0374(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 23 b (new)
Article 2 – paragraph 1 – point 23 b (new)
23b) 'voice assistants': a software application that is capable of oral dialogue with a user in natural language and which mediates between end users and business users offering voice-based apps.
Amendment 95 #
2020/0374(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) A number of other ancillary services, such as identification or payment services and technical services which support the provision of payment services, may be provided by gatekeepers together with their core platform services. As gatekeepers frequently provide the portfolio of their services as part of an integrated ecosystem to which third-party providers of such ancillary services do not have access, at least not subject to equal conditions, and can link the access to the core platform service to take-up of one or more ancillary services, the gatekeepers are likely to have an increased ability and incentive to leverage their gatekeeper power from their core platform services to these ancillary services, to the detriment of choice and contestability of these services. Gatekeepers that provide ancillary services such as retailing or distribution activities that are targeted at end users alongside their core platform services and in a manner that is indistinguishable for the average user should also be subject to the obligations applicable to core platform services.
Amendment 105 #
2020/0374(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) To ensure the effectiveness of the review of gatekeeper status as well as the possibility to adjust the list of core platform services provided by a gatekeeper, the gatekeepers should inform the Commission and other competent national authorities of all of their intended and concluded acquisitions of other providers of core platform services or any other services provided within the digital sector. Such information should not only serve the review process mentioned above, regarding the status of individual gatekeepers, but will also provide information that is crucial to monitoring broader contestability trends in the digital sector and can therefore be a useful factor for consideration in the context of the market investigations foreseen by this Regulation.
Amendment 107 #
2020/0374(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) To safeguard the fairness and contestability of core platform services provided by gatekeepers, it is necessary to provide in a clear and unambiguous manner for a set of harmonised obligations with regard to those services. Such rules are needed to address the risk of harmful effects of unfair practices imposed by gatekeepers, to the benefit of the business environment in the services concerned, to the benefit of users and ultimately to the benefit of society as a whole. Given the fast-moving and dynamic nature of digital markets, and the substantial economic power of gatekeepers, it is important that these obligations are effectively applied without being circumvented. To that end, the obligations in question should apply to any practicesrelevant behaviour by a gatekeeper, irrespective of its form and irrespective of whether it is of a contractual, commercial, technical or any other nature, insofar as a practice corresponds to the type of practicebehaviour that is the subject of one of the obligations of this Regulation.
Amendment 110 #
2020/0374(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) The conduct of combining end user data from different sources or signing in users to different services of gatekeepers gives them potential advantages in terms of accumulation of data, thereby raising barriers to entry. To ensure that gatekeepers do not unfairly undermine the contestability of core platform services, they should enable their end users to freely choose to opt-in to such business practices by offering a less personalised alternative. The possibility should cover all possible sources of personal data, including those created by the own services of the gatekeeper as well as third party websites, and should be proactively presented to the end user in an explicit, clear and straightforward manner.
Amendment 113 #
2020/0374(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) Because of their position, gatekeepers might in certain cases restrict the ability of business users of their online intermediation services to offer their goods or services to end users under more favourable conditions, including price, through other online intermediation services or their own websites or other distribution channels. Such restrictions have a significant deterrent effect on the business users of gatekeepers in terms of their use of alternative online intermediation services, limiting inter- platform contestability, which in turn limits choice of alternative online intermediation channels for end users. To ensure that business users of online intermediation services of gatekeepers can freely choose alternative online intermediation services and differentiate the conditions under which they offer their products or services to their end users, it should not be acceppermitted that gatekeepers limit business users from choosing to differentiate commercial conditions, including price. Such a restriction should apply to any measure with equivalent effect, such as for example increased commission rates or de- listing or less favourable ranking of the offers of business users.
Amendment 115 #
2020/0374(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) refrain from combining personal data sourced from these core platform services with personal data from any other services offered by the gatekeeper or with personal data from third-party services, and from signing in end users to other services of the gatekeeper in order to combine personal data, unless the end user has been presented with the specific choice and provided consent in the sense of Regulation (EU) 2016/679. except when disclosing data to third parties commissioned by one or more professional users to perform independent traffic analytics with a view to ensuring market share transparency and safeguarding the general and/or public interests;
Amendment 119 #
2020/0374(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) refrain from directly or indirectly preventing or restricting business and end users from raising issues with any relevant public authority relating to any practice of gatekeepers, including by means of the reporting mechanism for professional and end users pursuant to Article 18a;
Amendment 120 #
2020/0374(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) To safeguard a fair commercial environment and protect the contestability of the digital sector it is important to safeguard the right of business users to raise concerns about unfair behaviour by gatekeepers with any relevant administrative or other public authorities, including national courts. For example, business users may want to complain about different types of unfair practices, such as discriminatory access conditions, unjustified closing of business user accounts or unclear grounds for product de-listings. Any practice that would in any way inhibit or impede such a possibility of raising concerns or seeking available redress, for instance by means of confidentiality clauses in agreements or other written terms, should therefore be prohibited. This should be without prejudice to the right of business users and gatekeepers to lay down in their agreements the terms of use including the use of lawful complaints-handling mechanisms, including any use of alternative dispute resolution mechanisms or of the jurisdiction of specific courts in compliance with respective Union and national law This should therefore also be without prejudice to the role gatekeepers play in the fight against illegal content online.
Amendment 122 #
2020/0374(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) Gatekeepers should not restrict the free choice of end users by technically preventing switching between or subscription to different software applications and services. Gatekeepers should therefore ensure a free choice irrespective of whether they are the manufacturer of any hardware by means of which such software applications or services are accessed and should not raise artificialunjustified technical barriers so as to make switching more difficult, impossible or ineffective. The mere offering of a given product or service to end users, including by means of pre- installation, as well the improvement of end user offering, such as better prices or increased quality, would not in itself constitute a barrier to switching.
Amendment 128 #
2020/0374(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) A gatekeeper may in certain circumstances have a dual role as a provider of core platform services whereby it provides a core platform service to its business users, while also competing with those same business users in the provision of the same or similar services or products to the same end users, including as part of an ancillary service. In these circumstances, a gatekeeper may take advantage of its dual role to use data, generated from transactions by its business users on the core platform or from transactions on its ancillary service, for the purpose of its own services or goods that offer similar services to that of its business users or of its suppliers. This may be the case, for instance, where a gatekeeper provides an online marketplace or app store to business users, and at the same time offer services as an online retailer or provider of application software against those business users or against its suppliers. To prevent gatekeepers from unfairly benefitting from their dual role, it should be ensured that they refrain from using any aggregated or non-aggregated data, which may include anonymised and personal data that is not publicly available to offer similar services to those of their business users. This obligation should apply to the gatekeeper as a whole, including but not limited to its business unit that competes with the business users of a core platform service.
Amendment 130 #
2020/0374(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) The rules that the gatekeepers set for the distribution of software applications may in certain circumstances restrict the ability of end users to install and effectively use third party software applications or software application stores on operating systems or hardware of the relevant gatekeeper and restrict the ability of end users to access these software applications or software application stores outside the core platform services of that gatekeeper. Such restrictions may limit the ability of developers of software applications to use alternative distribution channels and the ability of end users to choose between different software applications from different distribution channels and should be prohibited as unfair and liable to weaken the contestability of core platform services. In order to ensure that third party software applications or software application stores do not endanger the integrity of the hardware or operating system provided by the gatekeeper the gatekeeper concerned may implement proportionate technical or contractual measures to achieve that goal if the gatekeeper demonstrates that such measures are necessary and justified and that there are no less restrictive means to safeguard the integrity of the hardware or operating system. This prohibition on restricting the ability of end users to install and use, or access third - party software applications or application stores should not prevent gatekeepers to take the required responsibility in the fight against illegal content online.
Amendment 131 #
2020/0374(COD)
(ga) refrain from communicating, or using for its own purposes, sensitive information obtained in the context of an advertising service, or from using it for any purpose other than the performance of the concluded service agreement, unless the gatekeeper and its client have agreed otherwise.
Amendment 133 #
2020/0374(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) Gatekeepers are often vertically integrated and offer certain products or services to end users through their own core platform services, or through a business user over which they exercise control which frequently leads to conflicts of interest. This can include the situation whereby a gatekeeper offers its own online intermediation services through an online search engine. When offering those products or services on the core platform service, gatekeepers can reserve a better position to their own offering, in terms of ranking, as opposed to the products of third parties also operating onusing that core platform service. This can occur for instance with products or services, including other core platform services, which are ranked inwithin or along the results communicated by online search engines, or which are partly or entirely embedded in online search engines results, groups of results specialised in a certain topic, displayed along with the results of an online search engine, which armay be considered or used by certain end users as a service distinct or additional to the online search engine. Such preferential or embedded display of a separate online intermediation service shall be regarded as a favouring irrespective of whether the information or results within the favoured groups of specialised results may also be provided by competing services and are as such ranked in a non-discriminatory way. Other instances are those of software applications which are distributed through software application stores, or products or services that are given prominence and display in the newsfeed of a social network, or products or services ranked in search results or displayed on an online marketplace. In those circumstances, the gatekeeper is in a dual- role position as intermediary for third party providers and as direct provider of products or services of the gatekeeper potentially leading to a conflict of interest. Consequently, these gatekeepers have the ability to undermine directly the contestability for those products or services on these core platform services, to the detriment of business users which are not controlled by the gatekeeper.
Amendment 133 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) refrain from using, in competition with business users, any data not publicly available, which is generated through activities by those business users, including by the end users of these business users, of its core platform services or ancillary services or provided by those business users of its core platform services or by the end users of these business users via the core platform services or ancillary services;
Amendment 135 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) allowinform end users to un-installupon first use of any pre-installed software applications on its core platform service and of the option to un-install them, without prejudice to the possibility for a gatekeeper to restrict such un-installation in relation to software applications that are essential for the functioning of the operating system or of the device and which cannot technically be offered on a standalone basis by third- parties;
Amendment 139 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) refrain from treating more favourably in rankingor differently in terms of ranking, access or terms of service, or technical features and interfaces, services and products offered by the gatekeeper itself or by any third party belonging to the same undertaking compared to similar services or products of thirdany other party and apply fair and non-discriminatory conditions to such rankingin terms of ranking, access or terms of service, and technical features and interfaces;
Amendment 141 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point d a (new)
Article 6 – paragraph 1 – point d a (new)
(da) have its online search engine, online social networking or intermediation service display its own advertisements or services following an end user query only if the search results are relevant, and inform the end user, by means of an explicit and easily identifiable statement to that effect, that the search result relates to an advertisement or service belonging to the gatekeeper itself;
Amendment 142 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point e
Article 6 – paragraph 1 – point e
(e) refrain from technically restricting the ability of end users to switch between and subscribe to different software applications andcontent or services to be accessed using the operating systemcore platform service of the gatekeeper, including as regards the choice of Internet access provider for end users, or the use of a vocal assistant;
Amendment 146 #
2020/0374(COD)
Proposal for a regulation
Recital 57
Recital 57
(57) In particular gGatekeepers which provide access to software application storcore platform services serve as an important gateway for business users that seek to reach end users. In view of the imbalance in bargaining power between those gatekeepers and business users of their software application storcore platform services, those gatekeepers should not be allowed to impose general conditions, including pricing conditions, data usage conditions or conditions related to the licensing of rights held by the business user that would be unfair or lead to unjustified differentiation. Pricing or other general access or treatment conditions should be considered unfair if they lead to an imbalance of rights and obligations imposed on business users or confer an advantage on the gatekeeper which is disproportionate to the service provided by the gatekeeper to business users or lead to a disadvantage for business users in providing the same or similar services as the gatekeeper. The following benchmarks can serve as a yardstick to determine the fairness of general access or treatment conditions: prices charged or conditions imposed for the same or similar services by other providers of software application storcore platform services; prices charged or conditions imposed by the provider of the software application storecore platform services for different related or similar services or to different types of end users; prices charged or conditions imposed by the provider of the software application storecore platform services for the same service in different geographic regions; prices charged or conditions imposed by the provider of the software application storecore platform services for the same service the gatekeeper offers to itself. This obligation should not establish an access right and it should be without prejudice to the ability of providers of software application storcore platform services to take the required responsibility in the fight against illegal and unwanted content as set out in Regulation [Digital Services Act].
Amendment 147 #
2020/0374(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) A fragmentNothing in this Regulation precludes Member States from imposing the same, stricter or different obligations of the internal market can only be effectively averted if Member States are prevented from applying national rules which are specific to the typen undertakings in order to pursue legitimate public interests, in compliance with Union law. Those legitimate public interests can be, among others, the protection of consumers, the fight against acts of unfair competition and the protection of media freedom and pluralism. In particular, nothing in this Regulation precludes Member States from pursuing those legitimate interests by imposing obligations ofn undertakings and services covered by this Regulation. At the same time, shaving a status of gatekeeper within the meaning of this Regulation as well as other undertakings. Since this Regulation aims at complementing the enforcement of competition law, it should be specified that this Regulation is without prejudice to Articles 101 and 102 TFEU, to the corresponding national competition rules and to other national competition rules regarding unilateral behaviour that are based on an individualised assessment of market positions and behaviour, including its likely effects and the precise scope of the prohibited behaviour, and which provide for the possibility of undertakings to make efficiency and objective justification arguments for the behaviour in question. However, the application of the latter rules should not affect the obligations imposed on gatekeepers under this Regulation and their uniform and effective application in the internal market.
Amendment 149 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point g
Article 6 – paragraph 1 – point g
(g) provide advertisers and publishers, or third parties authorised by the advertisers and publishers, upon their request and free of charge, with access to the performance measuring tools of the gatekeeper and the information necessary for advertisers and publishers to carry out their own independent verification of the ad inventory;
Amendment 153 #
2020/0374(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) This Regulation should also complement, without prejudice to their application, the rules resulting from other acts of Union law regulating certain aspects of the provision of services covered by this Regulation, in particular Regulation (EU) 2019/1150 of the European Parliament and of the Council26 , Regulation (EU) xx/xx/EU [DSA] of the European Parliament and of the Council27 , Regulation (EU) 2016/679 of the European Parliament and of the Council28 , Directive (EU) 2019/790 of the European Parliament and of the Council29 , Directive (EU) 2015/2366 of the European Parliament and of the Council30 , and Directive (EU) 2010/13 of the European Parliament and of the Council31 , as well as national rules aimed at enforcing or, as the case may be, implementing that Union legislation. _________________ 26 Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services (OJ L 186, 11.7.2019, p. 57). 27Regulation (EU) …/.. of the European Parliament and of the Council – proposal on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC. 28Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1). 29Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/ (OJ L 130, 17.5.2019, p. 92.). 30Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC ( OJ L 337, 23.12.2015, p. 35). 31Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (OJ L 95, 15.4.2010, p. 1)taken in accordance with that Union legislation.
Amendment 153 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point h
Article 6 – paragraph 1 – point h
(h) provide effective portability of data provided or generated through the activity of a business user or end user and shall, in particular, provide tools, foree of charge, to business users and end users to facilitate the exercise of data portability, in line with Regulation EU 2016/679, including by the provision of continuous and real-time access ;
Amendment 159 #
2020/0374(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) In particular, online intermediation services, (including, among others, marketplaces, app stores, digital voice assistants), online search engines, operating systems, online social networking, video sharing platform services, number- independent interpersonal communication services, cloud computing services and online advertising services all have the capacity to affect a large number of end users and businesses alike, which entails a risk of unfair business practices. They therefore should be included in the definition of core platform services and fall into the scope of this Regulation. Online intermediation services may also be active in the field of financial services, and they may intermediate or be used to provide such services as listed non-exhaustively in Annex II to Directive (EU) 2015/1535 of the European Parliament and of the Council32 . In certain circumstances, the notion of end users should encompass users that are traditionally considered business users, but in a given situation do not use the core platform services to provide goods or services to other end users, such as for example businesses relying on cloud computing services for their own purposes. For marketplaces, an active end user is a user who has completed at least one commercial transaction each month. _________________ 32Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services, OJ L 241, 17.9.2015, p. 1.
Amendment 160 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point i
Article 6 – paragraph 1 – point i
(i) provide business users, or third parties authorised by a business user, free of charge, with effective, high-quality, continuous and real-time access and use of aggregated or non-aggregated data, that is provided for or generated in the context of the use of the relevant core platform servicesor ancillary services offered by the gatekeeper by those business users and the end users engaging with the products or services provided by those business users; for personal data, provide access and use only where directly connected with the use effectuated by the end user in respect of the products or services offered by the relevant business user through the relevant core platform service, and when the end user opts in to such sharing with a consent in the sense of the Regulation (EU) 2016/679; ;
Amendment 161 #
2020/0374(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) In particular, online intermediation services, online search engines, operating systems (which include digital voice assistants and connected TVs), online social networking, video sharing platform services, number- independent interpersonal communication services, cloud computing services, web browsers and online advertising services all have the capacity to affect a large number of end users and businesses alike, which entails a risk of unfair business practices. They therefore should be included in the definition of core platform services and fall into the scope of this Regulation. Online intermediation services may also be active in the field of financial services, and they may intermediate or be used to provide such services as listed non-exhaustively in Annex II to Directive (EU) 2015/1535 of the European Parliament and of the Council32 . In certain circumstances, the notion of end users should encompass users that are traditionally considered business users, but in a given situation do not use the core platform services to provide goods or services to other end users, such as for example businesses relying on cloud computing services for their own purposes. _________________ 32Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services, OJ L 241, 17.9.2015, p. 1.
Amendment 166 #
2020/0374(COD)
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14 a) Gatekeepers may also provide other ancillary services, for instance retailing or distribution activities, that are targeted at end users alongside their core platform services and in a manner that is indistinguishable for the average user. Such ancillary services can compete with business users of the core platform service and contribute significantly to the imbalance in a given market and ultimately increase unfairly the gatekeeper’s power, including in relation to the gatekeeper’s business partners, such as suppliers of goods or services, relying on such ancillary service. To prevent gatekeepers from unfairly benefiting from the leverage provided by provision of parallel services, such ancillary services should also be subject to the obligations applicable to core platform services.
Amendment 167 #
2020/0374(COD)
Proposal for a regulation
Recital 14 b (new)
Recital 14 b (new)
(14 b) The impact of gatekeepers on the market makes their business partners, whether business users or suppliers of ancillary services, highly vulnerable to unfair terms and conditions of the gatekeepers they rely on. As such, gatekeeper should ensure that their terms and conditions are transparent and fair. While appropriate and proportionate sanctions in case of in breach of such terms and conditions should be allowed, they should be formally justified and allow for the sanctioned party to contest them. For this purpose, gatekeepers should provide for an internal system for handling swiftly the complaints of their business users and suppliers of ancillary services, including in their national language if the gatekeeper’s service actively targets the Member State concerned.
Amendment 168 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point k
Article 6 – paragraph 1 – point k
(k) apply fair and non-discriminatory general conditions of access forand treatment to business users of its core platform service, in particular to business users tof its software application store, search engine, online payment service or online social networking service, designated pursuant to Article 3 of this Regulation.;
Amendment 188 #
2020/0374(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
Amendment 191 #
2020/0374(COD)
Proposal for a regulation
Article 16 a (new)
Article 16 a (new)
Amendment 192 #
2020/0374(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
The Commission may conduct a market investigation with the purpose of examining whether one or more services within the digital sector should be added to the list of core platform services or to detect types of practices that may limit the contestability of core platform services or may be unfair and which are not effectively addressed by this Regulation. It shall issue a public report at the latest within 124 months from the opening of the market investigation.
Amendment 194 #
2020/0374(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 14
Article 2 – paragraph 1 – point 14
(14) ‘Ancillary service’ means services provided in the context of or together with core platform services, including retailing or distribution services, payment services as defined in point 3 of Article 4 and technical services which support the provision of payment services as defined in Article 3(j) of Directive (EU) 2015/2366, fulfilment, identification or advertising services;
Amendment 194 #
2020/0374(COD)
Proposal for a regulation
Article 18 a (new)
Article 18 a (new)
Article 18a Reporting mechanism for professional and end users 1. Professional users, including competitors, and end users of the core platform services defined in Article 2(2) may, in a report, notify the Commission or a national competition authority of any practice or behaviour on the part of a gatekeeper that falls within the scope of this Regulation. The Commission shall grant the Member States access to these reports. 2. If the report pursuant to paragraph 1 is received by a national competition authority, it is forwarded directly to the Commission. 3. The Commission shall establish the conditions for submission of the reports referred to in paragraph 1. It shall also establish the conditions in which the Member States, in particular the national competition authorities, are notified of and given access to these reports. 4. The Commission shall have the power to set its priorities for examining the reports referred to paragraph 1. Subject to the provisions of paragraph 5 below and of Article 33, the Commission shall have the power to choose to not examine a report where it does not consider that report to be an enforcement priority. 5. When the Commission considers that a report is an enforcement priority, it may open proceedings pursuant to Article 18 or a market investigation pursuant to Article 14.
Amendment 205 #
2020/0374(COD)
Proposal for a regulation
Article 31 a (new)
Article 31 a (new)
Article 31a Cooperation with the national competition authorities and their powers 1. The Commission shall ensure that the reports forwarded pursuant to Article 16b of this Regulation are made available to the national competition authorities within the European Competition Network, defined in Article 2(1)(5) of Directive (EU) 2019/1. 2. The Commission shall circulate within the European Competition Network the decisions relating to the opening of a market investigation pursuant to Article 14 or proceedings pursuant to Article 18. The national competition authorities may provide the Commission, on a voluntary basis, with any information deemed helpful and necessary for the purpose of the market investigation carried out pursuant to Articles 15, 16, 16a and 17, and provide the Commission with assistance, upon request, in implementing Articles 19, 20 and 21.
Amendment 208 #
2020/0374(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. When three or more Member States request the Commission to open an investigation pursuant to Article 15 because they consider that there are reasonable grounds to suspect that a provider of core platform services should be designated as a gatekeeper4, the Commission shall within four months examine whether there are reasonable grounds to open such an investigation.
Amendment 210 #
2020/0374(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) The conduct of combining end user data from different sources or signing in users to different services of gatekeepers gives them potential advantages in terms of accumulation of data, thereby raising barriers to entry. To ensure that gatekeepers do not unfairly undermine the contestability of core platform services, they should enable their end users to freely choose to opt-in to such business practices by offering a less personalised alternative. The possibility should cover all possible sources of personal data, including own services of the gatekeeper as well as third party websites, and should be proactively presented to the end user in an explicit, clear and straightforward mannerefrain from such behaviour.
Amendment 216 #
2020/0374(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) Because of their position, gatekeepers might, in certain cases, through the imposition of contractual terms and conditions, restrict the ability of business users of their online intermediation services to offer their goods or services to end users under more favourable conditions, including price, through other online intermediation services or their own websites, other distribution channels or the direct online sales channels they own. Such restrictions have a significant deterrent effect on the business users of gatekeepers in terms of their use of alternative online intermediation servicedistribution channels, limiting inter-platform contestability, which in turn limits choice of alternative online intermediation channels for end users. To ensure that business users of online intermediation services of gatekeepers can freely choose alternative online intermediation services and differentiate the conditions under which they offer their products or services to their end users, it should not be accepted that gatekeepers limit business users from choosing to differentiate commercial conditions, including price. Such a restriction should apply to any measure with equivalent effect, such as for example increased commission rates or de-listing of the offers of business users.
Amendment 227 #
2020/0374(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) To prevent further reinforcing their dependence on the core platform services of gatekeepers, the business users of these gatekeepers should be free in promoting and choosing the distribution channel they consider most appropriate to interact with any end users that these business users have already acquired through core platform services provided by the gatekeeper. Conversely, end users should also be free to choose offers of such business users and to enter into contracts with them either through core platform services of the gatekeeper, if applicable, or from a direct distribution channel of the business user or another indirect distribution channel such business user may use. This should apply to the promotion of offers and conclusion of contracts between business users and end users. Moreover, the ability of end users to freely acquire contentdigital content and services, subscriptions, features or other items outside the core platform services of the gatekeeper should not be undermined in any way or restricted, especially through the use of technical restrictions. In particular, it should be avoided that gatekeepers restrict end users from access to and use of such services via a software application running on their core platform service. For example, subscribers to online content purchased outside a software application download or purchased from a software application store should not be prevented from accessing such online content on a software application on the gatekeeper’s core platformlegally acquired digital content and services via hardware or software features that are used by that gatekeeper when providing a similar digital content or digital service, simply because it was purchased outside such software application or software application storthe gatekeeper’s core platform service.
Amendment 229 #
2020/0374(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) To safeguard a fair commercial environment and protect the contestability of the digital sector it is important to safeguard the right of business users to raise concerns about unfair behaviour by gatekeepers with any relevant administrative or other public authoritieinstitutions. For example, business users may want to complain about different types of unfair practices, such as discriminatory access conditions, unjustified closing of business user accounts or unclear grounds for product de-listings. Any practice that would in any way inhibit or impede such a possibility of raising concerns or seeking available redress, for instance by means of confidentiality clauses in agreements or other written terms, should therefore be prohibited. This should be without prejudice to the right of business users and gatekeepers to lay down in their agreements the terms of use, drafted in plain and intelligible language, including the use of lawful complaints-handling mechanisms, including any use of alternative dispute resolution mechanisms orand including clear information ofn the jurisdiction of specific courts in compliance with respective Union and national law. This should therefore also be without prejudice to the role gatekeepers play in the fight against illegal content online.
Amendment 238 #
2020/0374(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) Identification services areGatekeepers offer a range of ancillary services. To ensure contestability, it is crucial forthat business users to conduct their business, as these can allow them not only to optimise services, to the extent allowed under Regulation (EU) 2016/679 and Directive 2002/58/EC of the European Parliament and of the Council33 , but also to inject trust in online transactions, in compliance with Union or national laware free to choose such ancillary services freely, without having to fear any detrimental effects for the provision of the core platform service. Gatekeepers should therefore not use their position as provider of core platform services to require their dependent business users to include any identificationuse, offer or include any ancillary services provided by the gatekeeper itself as part of the provision of services or products by these business users toor a particular their end usersd party , where other identificationancillary services are available to such business users. _________________ 33Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data andIn particular, gatekeepers shall not make their service dependent on business users including any identification service provided by the gatekeeper itself as part of the protectvision of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201, 31.7.2002, p. 37)services or products by these business users to their end users, where alternatives exist.
Amendment 240 #
2020/0374(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) allowrefrain from applying contractual obligations that prevent business users tofrom offering business users from offering the same products or services to end users themselves or through third party online intermediation services at prices or conditions that are different from those offered through the online intermediation services of the gatekeeper;
Amendment 243 #
2020/0374(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) Gatekeepers should not restrict the free choice of end users by technically preventing switching between or subscription to different software applications and services. Gatekeepers should therefore ensure a free choice irrespective of whether they are the manufacturer of any hardware by means of which such software applications or services are accessed and should not raise artificial technical barriers so as to make switching impossiblemore difficult or ineffective. The mere offering of a given product or service to end users, including by means of pre- installation, as well the improvement of end user offering, such as better prices or increased quality, would not in itself constitute a barrier to switching.
Amendment 246 #
2020/0374(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) The conditions under which gatekeepers provide online advertising services to business users including both advertisers and publishers are often non- transparent and opaque. This opacity is partly linked to the practices of a few platforms, but is also due to the sheer complexity of modern day programmatic advertising. The sector is considered to have become more non-transparent after the introduction of new privacy legislation, and is expected to become even more opaque with the announced removal of third-party cookiesunilateral decision making by industry actors that are not representative of the entire advertising value chain. This often leads to a lack of information and knowledge for advertisers and publishers about the conditions of the advertising services they purchased and undermines their ability to switch to alternative providers of online advertising services. Furthermore, the costs of online advertising are likely to be higher than they would be in a fairer, more transparent and contestable platform environment. These higher costs are likely to be reflected in the prices that end users pay for many daily products and services relying on the use of online advertising. Transparency obligations should therefore require gatekeepers to provide advertisers and publishers to whom they supply online advertising services, when requested and to the extent possiblith free of charge, effective, high-quality, continuous and real-time, with information that allows both sides to understand the price paid for each of the different advertising services provided as part of the relevant advertising value chain and the availability and visibility of advertisement.
Amendment 247 #
2020/0374(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) refrain from directly or indirectly preventing or restricting business users or supplier to the gatekeeper’s ancillary service from raising issues with any relevant public authority relating to any practice of gatekeepers;
Amendment 248 #
2020/0374(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) A gatekeeper may in certain circumstances have a dual role as a provider of core platform services whereby it provides a core platform service to its business users, while also competing with those same business users in the provision of the same or similar services or products to the same end users, including as part of an ancillary service. In these circumstances, a gatekeeper may take advantage of its dual role to use data, generated from transactions by its business users on the core platform or from transactions on its ancillary service, for the purpose of its own services that offer similar services or goods to that of its business users or of its suppliers. This may be the case, for instance, where a gatekeeper provides an online marketplace or app store to business users, and at the same time offer services as an online retailer or provider of application software against those business users or against its suppliers. To prevent gatekeepers from unfairly benefitting from their dual role, it should be ensured that they refrain from using any aggregated or non-aggregated data, which may include anonymised and personal data that is not publicly available to offer similar services to those of their business users. This obligation should apply to the gatekeeper as a whole, including but not limited to its business unit that competes with the business users of a core platform service or with the supplier of an ancillary service.
Amendment 256 #
2020/0374(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) A gatekeeper may use different means to favour its own services or products on its core platform service, to the detriment of the same or similar services that end users could obtain through third parties. This may for instance be the case where certain software applications or services are pre-installed by a gatekeeper. To enable end user choice, gatekeepers should not prevent end users from un- installing any pre-installed-install software applications o in its core platform service and thereby favour their own software applications.
Amendment 260 #
2020/0374(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) The rules that the gatekeepers set for the distribution of software applications may in certain circumstances restrict the ability of end users to install and effectively use third party software applications or software application stores on operating systems or hardware of the relevant gatekeeper and restrict the ability of end users to access these software applications or software application stores outside the core platform services of that gatekeeper. Such restrictions may limit the ability of developers of software applications to use alternative distribution channels and the ability of end users to choose between different software applications from different distribution channels and should be prohibited as unfair and liable to weaken the contestability of core platform services. In order to ensure that third party software applications or software application stores do not endanger the integrity of the hardware or operating system provided by the gatekeeper the gatekeeper concerned may implement proportionate technical or contractual measures to achieve that goal if the gatekeeper demonstrates that such measures are necessary and justified and that there are no less restrictive means to safeguard the integrity of the hardware or operating system. This prohibition on restricting the ability of end users to install and use, or access, third-party software applications or application stores should therefore also be without prejudice to the ability of gatekeepers to take the required responsibility in the fight against illegal content online.
Amendment 268 #
2020/0374(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) Gatekeepers are often vertically integrated and offer certain products or services to end users through their own core platform services, or through a business user over which they exercise control which frequently leads to conflicts of interest. This can include the situation whereby a gatekeeper offers its own online intermediation services through an online search engine. When offering those products or services on the core platform service, gatekeepers can reserve a better position to their own offering, in terms of ranking, as opposed to the products of third parties also operating onusing that core platform service. This can occur for instance with products or services, including other core platform services, which are ranked within or along in the results communicated by online search engines, or which are partly or entirely embedded in search results of online search engines results, groups of results specialised in a certain topic, displayed along with the results of an online search engine, which armay be considered or used by certain end users as a service distinct or additional to the online search engine. Such preferential or embedded display of a separate online intermediation service shall constitute a favouring irrespective of whether the information or results within the favoured groups of specialised results may also be provided by competing services and are as such ranked in anon- discriminatory way. Other instances are those of software applications which are distributed through software application stores, or products or services that are given prominence and display in the newsfeed of a social network, or products or services ranked in search results or displayed on an online marketplace. In those circumstances, the gatekeeper is in a dual- role position as intermediary for third party providers and as direct provider of products or services of the gatekeeper. Consequently, these gatekeepers have the ability to undermine directly the contestability for those products or services on these core platform services, to the detriment of business users which are not controlled by the gatekeeper.
Amendment 270 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) allow and technically enable the installation and effective use of third party software applications or software application stores using, or interoperating with, operating systems of that gatekeeper and allow these software applications or software application stores to be accessed by means other than the core platform services of that gatekeeper. The gatekeeper shall not be prevented from taking proportionate measures to ensure that third party software applications or software application stores do not endanger the integrity of the hardware or operating system provided by the gatekeeper;
Amendment 271 #
2020/0374(COD)
Proposal for a regulation
Recital 48 a (new)
Recital 48 a (new)
(48 a) Gatekeepers often bury organic search results beneath search advertisements or other features promoting own services or products, or increase the prominence of own services and products or paid for or sponsored results by other means, for example by offering them more space, more pictures or other features not available to organic search results. As a result of this prevalence and prominence of paid-for or sponsored results and the gatekeeper’s own services and products, end users are deprived of the relevance-based organic results they intend to find. The gatekeeper should therefore ensure that organic search results are given the same prominence and prevalence as paid-for or sponsored results and as own products and services of the gatekeeper.
Amendment 274 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) refrain from treating more favourably in ranking services and products offered by the gatekeeper itself or by any third party belonging to the same undertaking compared to similar services or products of othirder partyies and apply fair and non-discriminatory conditions to such ranking;
Amendment 275 #
2020/0374(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) In such situations, the gatekeeper should not engage in any form of differentiated or preferential treatment in ranking on the core platform service, whether through legal, commercial or technical means, in favour of products or services it offers itself or through a business user which it cooperates with controls. To ensure that this obligation is effective, it should also be ensured that the conditions that apply to such ranking are also generally fair and the gatekeeper's own products or services do not have more access to information about the ranking or any other competition-relevant aspects than products or services of third parties. Ranking should in this context cover all forms of relative prominence, including among others order, graphic display, rating, linking or voice results. To ensure that this obligation is effective and cannot be circumvented it should also apply to any measure that may have an equivalent effect to the differentiated or preferential treatment in ranking. Such an equivalent effect can for instance be achieved by ad formats that are used by users in a similar manner to the gatekeeper's or third parties' online intermediation services, or that benefit the gatekeeper in a similar manner to the preferential treatment in ranking itself (e.g., in terms of financial gains, user access/traffic or data access). The guidelines adopted pursuant to Article 5 of Regulation (EU) 2019/1150 should also facilitate the implementation and enforcement of this obligation.34 _________________ 34Commission Notice: Guidelines on ranking transparency pursuant to Regulation (EU) 2019/1150 of the European Parliament and of the Council (OJ C 424, 8.12.2020, p. 1).
Amendment 280 #
2020/0374(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) Gatekeepers can hamper the ability of end users to access online content and services including software applications. Therefore, rules should be established to ensure that the rights of end users to access an open internet are not compromised by the conduct of gatekeepers. In particular, Gatekeepers should not restrict or prevent the free choice of end users by technically preventing switching between or subscription to different software applications andonline content or services. This would allow more providers to offer their services, thereby ultimately providing greater choice to the end user. Gatekeepers should ensure a free choice irrespective of whether they are the manufacturer of any hardware by means of which such software applicationson the core platform service through which such online content or services are accessed and shall not raise artificial technical barriers so as to make switching impossible or ineffective. Gatekeepers can also technically limit the ability of end users to effectively switch between different Internet access service providers, in particular through their control over operating systems or hardware. This distorts the level playing field for Internet access services and ultimately harms end users. It should therefore be ensured that gatekeepers do not unduly restrict end users in choosing their Internet access service provider. The mere offering of a given product or service to consumers, including by means of pre- installation, as well as the improvement of the offering to end users, such as price reductions or increased quality, should not be construed as constituting a prohibited barrier to switching.
Amendment 286 #
2020/0374(COD)
Proposal for a regulation
Recital 51
Recital 51
Amendment 291 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point k
Article 6 – paragraph 1 – point k
(k) apply fair and non-discriminatory general conditions of access and treatment for business users to its software application storcore platform services, in particular to its software application store, online search engine and to its online social networking service designated pursuant to Article 3 of this Regulation.
Amendment 299 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. For the purposes of point (a) of paragraph 1 data that is not publicly available shall include any aggregated and non-aggregated data generated by business users or generated by goods and services provided by a supplier to the gatekeeper’s ancillary services notably distribution, that can be inferred from, or collected through, the commercial activities of business users or their customers on the core platform, distribution or other ancillary service of the gatekeeper.
Amendment 300 #
2020/0374(COD)
Proposal for a regulation
Recital 55
Recital 55
(55) Business users that use large core platform services provided by gatekeepers and end users of such business users provide and generate a vast amount of data, including data inferred from such use. In order to ensure that business users have access to the relevant data thus generated, the gatekeeper should, upon their request, allow unhindered access, free of charge, to such data. Such access should also be given to third parties contracted by the business user, who are acting as processors of this data for the business user. Data provided or generated by the same business users and the same end users of these business users in the context of other services provided by the same gatekeeper may be concerned where this is inextricably linked to the relevant request. To this end, a gatekeeper should not use any contractual or other restrictions to prevent business users from accessing relevant data and should enable business users to obtain consent of their end users for such data access and retrieval, where such consent is required under Regulation (EU) 2016/679 and Directive 2002/58/EC. The obtaining of this consent should be as user-friendly as possible and under the same conditions, such as the duration and renewal of consent, as those applied to the consent provided by the end user to the gatekeeper for the use of such data for its own services. Gatekeepers should also facilitate access to these data in real time by means of appropriate technical measures, such as for example putting in place high quality application programming interfaces.
Amendment 304 #
2020/0374(COD)
Proposal for a regulation
Recital 57
Recital 57
(57) In particular gatekeepers which provide access to software application storeCore platform services offered by gatekeepers serve as an important gateway for business users that seek to reach end users. In view of the imbalance in bargaining power between those gatekeepers and business users of their software application stores, those gatekeepers should not be allowed to impose general conditions, including particular pricing conditions, that would be unfair or lead to unjustified differentiationdata usage conditions or conditions related to the licensing of rights held by the business user, that would be unfair or lead to unjustified differentiation. “Imposing” encompasses both explicit and implicit demands, by means of contract or fact, including, for example, an online search engine making the ranking results dependent on the transfer of certain rights or data. Pricing or other general access or treatment conditions should be considered unfair if they lead to an imbalance of rights and obligations imposed on business users or confer an advantage on the gatekeeper which is disproportionate to the service provided by the gatekeeper to business users or lead to a disadvantage for business users in providing the same or similar services as the gatekeeper. The following benchmarks can serve as a yardstick to determine the fairness of general access or treatment conditions: prices charged or conditions imposed for the same or similar services by other providers of software application storesthe relevant core platform service; prices charged or conditions imposed by the provider of the software application storegatekeeper for different related or similar services or to different types of end users; prices charged or conditions imposed by the provider of the software application storegatekeeper for the same service in different geographic regions; prices charged or conditions imposed by the provider of the software application store for the samgatekeeper for the same service the gatekeeper offers to itself. Furthermore, conditions shall be deemed unfair if the gatekeeper charges prices or imposes conditions without entering into genuine negotiations with business users or collective management organisations representing these business users or without accepting a binding procedure of price fixing like established mechanism under laws of collective rights management or without accepting a reasonable offer of a binding arbitration by the business users. It shall also be deemed unfair if a gatekeeper demands a royalty-free license as a condition to access or treatment, or enforces royalties that are significantly below prices fixed in accordance with laws of collective rights management. It shall also be deemed unfair if access to the service or the gatekeeper offers to itself. This obligation should not establish an access right and itquality or other conditions of the service are made dependent on the transfer of data or the granting of rights by the business user which are unrelated to or not strictly necessary for providing the core platform service. While this obligation should not establish an unconditional access right, it shall ensure that the conditions of access to and treatment by the core platforms are fair and non-discriminatory. This obligation should be without prejudice to the ability of providers of software application storcore platform services to take the required responsibility in the fight against illegal and unwanted content as set out in Regulation [Digital Services Act].
Amendment 312 #
2020/0374(COD)
Proposal for a regulation
Recital 57 a (new)
Recital 57 a (new)
(57 a) Abuse of an essential platform service is when the gatekeeper strengthens its position on the service in question or relies on its position to create another essential platform service using means that a company would not be able to use if competition played its role normally.
Amendment 324 #
2020/0374(COD)
Proposal for a regulation
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
1. A gatekeeper shall inform the Commission and competent national authorities of any intended concentration within the meaning of Article 3 of Regulation (EC) No 139/2004 involving another provider of core platform services or of any other services provided in the digital sector irrespective of whether it is notifiable to a Union competition authority under Regulation (EC) No 139/2004 or to a competent national competition authority under national merger rules.
Amendment 396 #
2020/0374(COD)
Proposal for a regulation
Article 1 – paragraph 5
Article 1 – paragraph 5
5. Member States shall not impose on gatekeepers further obligations by way of laws, regulations or administrative action for the purpose of ensuring contestable and fair markets. This is without prejudice toshall not affect rules pursuing other legitimate public interests, in compliance with Union law. In particular, nothing in this Regulation precludes Member States from imposing obligations, which are compatible with Union law, on undertakings, including providers of core platform services where these obligations are unrelated to the relevant undertakings having a status of gatekeeper within the meaning of this Regulation in order to protect consumers or to fight against acts of unfair competition, in order to pursue legitimate public interests.
Amendment 401 #
2020/0374(COD)
Proposal for a regulation
Article 1 – paragraph 6
Article 1 – paragraph 6
6. This Regulation is without prejudice to the application of Articles 101 and 102 TFEU. It is also without prejudice to the application of: national rules prohibiting anticompetitive agreements, decisions by associations of undertakings, concerted practices and abuses of dominant positions; national competition rules prohibiting other forms of unilateral conduct insofar as they are applied to undertakings other than gatekeepersse rules are unrelated to the relevant undertakings having a status of gatekeeper within the meaning of this regulation or amount to imposing additional obligations on gatekeepers; Council Regulation (EC) No 139/200438 and national rules concerning merger control; Regulation (EU) 2019/1150 and Regulation (EU) …./.. of the European Parliament and of the Council39 . In particular, nothing in this Regulation precludes Member States from imposing obligations on undertakings other than gatekeepers or additional obligations on gatekeepers. _________________ 38Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the EC Merger Regulation) (OJ L 24, 29.1.2004, p. 1). 39Regulation (EU) …/.. of the European Parliament and of the Council – proposal on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC.
Amendment 414 #
2020/0374(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point a
Article 2 – paragraph 1 – point 2 – point a
(a) online intermediation services;, including digital voice assistants.
Amendment 420 #
2020/0374(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point f a (new)
Article 2 – paragraph 1 – point 2 – point f a (new)
(f a) digital voice assistants
Amendment 421 #
2020/0374(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point f b (new)
Article 2 – paragraph 1 – point 2 – point f b (new)
(f b) web browser
Amendment 425 #
2020/0374(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point h
Article 2 – paragraph 1 – point 2 – point h
(h) advertising services, including any advertising networks, advertising exchanges and any other advertising intermediation services, provided by a provider where the undertaking to which it belongs is also a provider of any of the core platform services listed in points (a) to (g);
Amendment 431 #
2020/0374(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point h a (new)
Article 2 – paragraph 1 – point 2 – point h a (new)
(h a) web browsers;
Amendment 444 #
2020/0374(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) ‘Online intermediation services’ means services as defined in point 2 of Article 2 of Regulation (EU) 2019/1150; and which organize a direct connection between the user companies and the end users;
Amendment 451 #
2020/0374(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
(10) ‘Operating system’ means a system software which controls the basic functions of theany hardware that is capable of being connected to the Internet or software andthat enables software applications to run on it, including for static and mobile devices, televisions or wearables;
Amendment 453 #
2020/0374(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10 a (new)
Article 2 – paragraph 1 – point 10 a (new)
(10 a) ‘Web browsers’ are software used by users of client PCs, smart mobile devices and other devices to access and interact with web content hosted on servers that are connected to networks such as the Internet, including standalone web browsers as well as web browsers integrated or embedded in software or similar;
Amendment 455 #
2020/0374(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10 a (new)
Article 2 – paragraph 1 – point 10 a (new)
(10 a) ‘Digital voice assistant’ means a software application that provides capabilities for oral dialogue with a user in natural language and which intermediates between end users and business users offering voice-based apps;
Amendment 458 #
2020/0374(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10 b (new)
Article 2 – paragraph 1 – point 10 b (new)
(10 b) ‘web browser’ means a software application used by users to access and interact with World Wide Web content hosted on servers which are connected to networks such as the internet;
Amendment 469 #
2020/0374(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 14
Article 2 – paragraph 1 – point 14
(14) ‘Ancillary service’ means services provided in the context of or together with core platform services, including retailing activities, payment services as defined in point 3 of Article 4 and technical services which support the provision of payment services as defined in Article 3(j) of Directive (EU) 2015/2366, fulfilment, identification or advertising services;
Amendment 473 #
2020/0374(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 18
Article 2 – paragraph 1 – point 18
(18) ‘Ranking’ means the relative prominence given to goods or services offered through online intermediation services or online social networking services, or the relevance given to search results by online search engines, as presented, organised or communicated by the providers of online intermediation services or of online social networking services or by providers of online search engincore platform services, respectively, whatever the technological means used for such presentation, organisation or communication;.
Amendment 474 #
2020/0374(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 18
Article 2 – paragraph 1 – point 18
(18) ‘Ranking’ means the relative prominence given to goods or services offered or provided through online intermediation services, video-sharing platform services, operating system, web browser or online social networking services, or the relevance given to search results by online search engines, as presented, organised or communicated by the providers of online intermediation services, video-sharing platform services, operating system, web browser or of online social networking services or by providers of online search engines, respectively, whatever the technological means used for such presentation, organisation or communication;
Amendment 480 #
2020/0374(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 18 a (new)
Article 2 – paragraph 1 – point 18 a (new)
(18 a) ‘Search results’ is any information in any format, including texts, graphics, voice or other output, returned in response and related to a written or oral search query, irrespective of whether the information is an organic result, a paid result, a direct answer or any product, service or information offered in connection with, or displayed along with, or partly or entirely embedded in, the organic results;
Amendment 483 #
2020/0374(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 18 b (new)
Article 2 – paragraph 1 – point 18 b (new)
(18 b) ‘Organic results’ are ‘search results’ that are solely based upon the relevance of the information to the end user and allow the end user to access the corresponding information directly;
Amendment 486 #
2020/0374(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 23 a (new)
Article 2 – paragraph 1 – point 23 a (new)
(23 a) ‘interoperability’ means the ability of the digital content or digital service, legally acquired, within a given ecosystem, to function with hardware or software ecosystems different from the one in which the digital content or digital service was originally provided, including the ability to access the digital content or digital service without having to use an application software or other technologies for conversion;
Amendment 504 #
2020/0374(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) the requirement in paragraph 1 point (a) where the undertaking to which it belongs achieves an annual EEA turnover equal to or above EUR 6.5 billion in the last threewo financial years, or where the average market capitalisation or the equivalent fair market value of the undertaking to which it belongs amounted to at least EUR 65 billion in the last financial year, and it provides a core platform service in at least three Member States;
Amendment 512 #
2020/0374(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b – paragraph 1
Article 3 – paragraph 2 – point b – paragraph 1
for the purpose of the first subparagraph, monthly active end users shall refer to the average number of monthly active end users throughout the largest partat least six (not necessarily consecutive) months of the last financial year;
Amendment 523 #
2020/0374(COD)
Proposal for a regulation
Article 3 – paragraph 3 – introductory part
Article 3 – paragraph 3 – introductory part
3. Where a provider of core platform services meets all the thresholds in paragraph 2, it shall notify the Commission thereof within threone months after those thresholds are satisfied and provide it with the relevant information identified in paragraph 2.. That notification shall include the relevant information identified in paragraph 2 for each of the core platform services of the provider that meets the thresholds in paragraph 2 point (b). The notification shall be updated whenever other core platform services individually meet the thresholds in paragraph 2 point (b). In view of market transparency, the Commission may require that the reported information in application of paragraph 2 point b is verified by third party audience measurement providers qualified to provide such services in accordance with market standards and codes of conduct applicable in the European Union.
Amendment 598 #
2020/0374(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) refrain from combining personal data sourced from these core platform services with personal data from any other services offered by the gatekeeper or with personal data from third-party services, and from signing in end users to other services of the gatekeeper in order to combine personal data, unless the end user has been presented with the specific choice and provided consent in the sense of Regulation (EU) 2016/679 without prejudice to the disclosure of data to third parties that have been mandated by one or several business users to provide independent audience measurement in view of ensuring transparency over market shares and to uphold prevailing general and/or public interests and in accordance with the special rules and exemptions provided for these purposes. ;
Amendment 610 #
2020/0374(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) allow business users torefrain from applying contractual obligations that prevent business users and suppliers from offering the same products or services to end users through third party online intermediation services at prices or conor the direct online sales channels they own at prices or conditions that are more favorable than those offered by the gatekeeper's online intermediation services and to offer the same products or services directly, without going through online intermediations that are different from those offered through the services, at more favorable prices or conditions than those offered by the gatekeeper's online intermediation services ofr the gatekeeperird parties;
Amendment 633 #
2020/0374(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) refrain from directly or indirectly preventing or restricting business users or supplier to the gatekeeper’s ancillary service from raising issues with any relevant public authority or national court relating to any practice of gatekeepers;
Amendment 646 #
2020/0374(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) refrain from requiring business users and suppliers to use, offer or interoperate with an identification service of the gatekeeper in the context of services offered by the business users using the core platform services of that gatekeeper or its other services;
Amendment 655 #
2020/0374(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) refrain from requiring business users to use, offer or interoperate with an identification servicey ancillary of the gatekeeper in the context of services offered by the business users using the core platform services of that gatekeeper;
Amendment 659 #
2020/0374(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point f
Article 5 – paragraph 1 – point f
(f) refrain from requiring business users or end users to subscribe to or register with any other core platform services identified pursuant to Article 3 or which meets the thresholds in Article 3(2)(b), or its other services, as a condition to access, sign up or register to any of their core platform services identified pursuant to that Article or to any other service offered by the gatekeeper;
Amendment 667 #
2020/0374(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point f a (new)
Article 5 – paragraph 1 – point f a (new)
(f a) A platform must refrain from requiring ‘the acceptance of supplementary conditions or services that, by their nature or according to commercial usage, have no connection with and are not necessary for the provision of the platform or services to its business users’.
Amendment 682 #
2020/0374(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point g a (new)
Article 5 – paragraph 1 – point g a (new)
Amendment 689 #
2020/0374(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point g a (new)
Article 5 – paragraph 1 – point g a (new)
(g a) Refrain from disclosing any commercially sensitive information obtained in connection with one of its advertising services to any third party belonging to the same undertaking and from using such commercially sensitive information for any purposes other than the provision of the specific advertising service unless this is necessary for carrying out a business transaction.
Amendment 702 #
2020/0374(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point g b (new)
Article 5 – paragraph 1 – point g b (new)
(g b) allow Business Users or End Users to annually renew their consent to enroll or register for any of its essential platform services identified under section 3 and its other services, and in the absence of consent, promptly delete all Business User or End User data.
Amendment 710 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) refrain from using, in competition with business users and ancillary service (notably distribution) suppliers, any data not n-publicly available, which is generated through activities by those business users, or suppliers, or their competitors, including by the end users of these business users or their competitors, of its core platform services or provided by those business users, of its core platform servicer suppliers, or their competitors or by the end users of these business users or their competitors;
Amendment 720 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) allow end users to un-install any pre-installed software applications on its core platform service without prejudice to the possibility for a gatekeeper to restrict such un-installation in relation torefrains from pre-installing any software applications that arein its essential for the functioning of the operating system or of the device and which cannot technically be offered on a standalone basis by third-partiesplatform services ;
Amendment 730 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) allow and technically enable the installation and effective use and interoperability of third party software applications or software application stores using, or interoperating with, operating systems of that gatekeeper and allow and enable these software applications or software application stores or services to be accessed by means other than the core platform services of that gatekeeper. The gatekeeper shall not be prevented from taking proportionate measures to ensure that third party software applications or software application stores or services do not endanger the integrity of the hardware or operating system provided by the gatekeeper. This should be without prejudice to the role gatekeepers play in the fight against illegal content online;
Amendment 744 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) refrain from treating more favourably in ranking and other settings, as well as in access to and conditions for the use of services, functionalities or technical interfaces, services and products offered by the gatekeeper itself or by any third party belonging to the same undertaking compared to similar services or products of othirder partyies, and apply fair and non-discriminatory conditions to such pranking;ctices.
Amendment 755 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point d a (new)
Article 6 – paragraph 1 – point d a (new)
(d a) refrain from displaying, in its online search engine, online social networking service or online intermediation service, in response to an end user query, advertising (including paid-for search results) or own services of the gatekeeper if the space occupied by such advertising or own services exceeds in total 25% of the initial result screen visible on the end user’s terminal (mobile, tablet, desktop or other);
Amendment 759 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point d b (new)
Article 6 – paragraph 1 – point d b (new)
(d b) refrain from treating more favourably in ranking advertising compared to organic results;
Amendment 760 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point e
Article 6 – paragraph 1 – point e
(e) refrain from technically restricting the ability of end users to switch between and subscribe to different software applications and services to be accessed using the operating system of the gatekeeper, including as regards the choice of Internet access provider for end usersonline content or services to be accessed using the core plateform service of the gatekeeper, including as regards the choice of Internet access provider for end users. In connection with the protection of end- users' terminal equipment during the use of the operating system of the gatekeeper, the gatekeeper shall ensure that consent directly expressed by an end-user to a service provider prevails over software settings. Any consent requested and given by an end-user to a service shall be directly implemented, without any further delay, by the applications of the end user’s terminal equipment. The same shall apply if the storage of information or the access of information already stored in the end-user’s terminal equipment is permitted in any other legal basis than consent;
Amendment 768 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point f
Article 6 – paragraph 1 – point f
(f) allow business users and providers of ancillary services access to and interoperability with the same operating system, hardware or software features that are available or used in the provision by the gatekeeper of any core platform or ancillary services. Allow the supply of content exclusively in an open format upon content suppliers’ request. Allow the proper functioning of technological protection measures (TPMs) in cases these are used to manage the rights of the user. However the gatekeeper should ensure that TPMs linked to a file are not solely compliant with a single reading environment. In this case, other suppliers of files and reading service providers should have the possibility to require gatekeepers to provide the information that is necessary for the purpose of interoperability;
Amendment 779 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point f a (new)
Article 6 – paragraph 1 – point f a (new)
(f a) Allow end users of technologically protected digital content or digital service, legally acquired through third party services, access to and interoperability with the hardware or software features that are used by that gatekeeper when providing a similar technologically protected digital content or digital service; and allow end users of technologically protected digital content or digital service acquired through that gatekeeper access to and interoperability with the hardware or software features that are used by third party when providing a similar technologically protected digital content or digital service. Gatekeepers’ suppliers, as well as third-party hardware providers should have the possibility to require gatekeepers to provide the necessary interoperability information to comply with the purpose of this Regulation;
Amendment 784 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point g
Article 6 – paragraph 1 – point g
(g) provide advertisers and publishers, upon their request and free of charge, with access to the performance measuring tools of the gatekeeper and, the information necessary for advertisers and publishers to carry out their own independent verification of the ad inventory; and continuous and real-time access via high- quality application programming interfaces to the data necessary for advertisers and publishers to run their own or third-party verification and measurement tools to measure the performance of the gatekeeper’s intermediation services and the performance of an ad;
Amendment 792 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point h
Article 6 – paragraph 1 – point h
(h) provide effective portability of data provided for or generated through or in the context of the activity of a business user, or end user and shall, in particular, provide tools forgenerated by goods and services provided by a supplier to the gatekeeper’s ancillary service notably distribution or an end user and shall, in particular, provide free of charge tools for business users and end users to facilitate the exercise of data portability, in line with Regulation (EU )2016/679, including by the provision of continuous and real-time access and guarantees their interoperability ;
Amendment 797 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point i
Article 6 – paragraph 1 – point i
(i) provide business users, or third- parties authoriszed by a business user, free of charge, with effective, high- quality, continuous and real-time access and use of aggregated or non-aggregated data, that is provided for or generated in the context of the use of the relevant core and ancillary platform services by those business users and the end users engaging with the products or services provided by those business users; for personal data, provide access and use only where directly connected with the use effectuated by the end user in respect of the products or services offered by the relevant business user through the relevant core platform service, and when the end user opts in to such sharing with a consent in the sense of the Regulation (EU) 2016/679; and services provided by those business users, to user businesses and supplier to the gatekeeper’s ancillary service and notably distribution services; or a provider of a core platform service and a business user or several business users jointly, may appoint a qualified third party or a qualified organization to receive the continuous and real time access to the non-aggregated data in order to provide audience measurement for the relevant business user(s) on a given market for personal data, provide access and use only where directly connected with the use effectuated by the end user in respect of the products or services offered by the relevant business user through the relevant core platform service, and when the end user opts in to such sharing with a consent provided to the gatekeeper or directly to the business user as prescribed in Article 11 (2) or where the business user may rely on Article 6(1)c or Article 6(1)e in the sense of the (EU) 2016/679 or the consent requirement in this provision is without prejudice to the special rules and exemptions provided for the purpose of audience measurement for the functioning of the market and for prevailing general and/or public interest.;
Amendment 811 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point k
Article 6 – paragraph 1 – point k
(k) apply fair and non-discriminatory general conditions of access for business users to its software application store designated pursuant to Article 3 of this Regulationand treatment for business users to its core platform service, in particular to its software application store, its online search engine and to its online social networking service designated pursuant to Article 3 of this Regulation, but also reasonable costs ; (l) refrains from abuse of essential platform services. (m) apply fair and non-discriminatory treatment to business users. (n) In the event of a dispute about the fairness of a price or remuneration as condition of access for business users to each of its core platform services identified pursuant to Article 3(7), the gatekeeper shall participate in and adhere to the outcome of a binding procedure for fixing a fair price or remuneration, be such a procedure established by law or be such a procedure proposed by the business users or by organisations or rights management organisation representing such business users. The procedure about the issue of remuneration and price should start, if the parties have not reached an agreement about terms for resolving the issue of remuneration and pricing within [3 months after one party has asked to start a negotiation or about one party’s refusal to negotiate]. This procedure shall apply in particular in the case of a dispute about the remuneration for the use of content protected by the press publisher right in Directive (EU) 2019/790.
Amendment 834 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. For the purposes of point (a) of paragraph 1, data that is not publicly available shall include any aggregated and non-aggregated data generated by business users or generated by goods and services provided by a supplier to the gatekeeper’s ancillary services notably distribution, that can be inferred from, or collected through, the commercial activities of business users or their customers on the core platform, distribution or other ancillary service of the gatekeeper.
Amendment 940 #
2020/0374(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Where consent for collecting and processing of personal data is required to ensure compliance with this Regulation, a gatekeeper shall take the necessary steps to either enable business users to directly obtain at the level of their own services or products the required consent to their processing, where required under Regulation (EU) 2016/679 and Directive 2002/58/EC, or to comply with Union data protection and privacy rules and principles . The gatekeeper shall not make the obtaining other ways including by providing business users with duly anonymised data where appropriate. The gatekeeper shall not make the obtaining of this consent by the business user more burdensome than for its own servicesf this consent by the business user more burdensome than for its own services. In case consent is directly expressed by the end-user at the level of the services offered by the business user through the relevant core platform service, it shall prevail over any consent provided at the gatekeeper level.
Amendment 981 #
2020/0374(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The Commission mayust conduct a market investigation for the purpose of examining whether a provider of core platform services should be designated as a gatekeeper pursuant to Article 3(6), or in order to identify core platform services for a gatekeeper pursuant to Article 3(7). It shall endeavour to conclude its investigation by adopting a decision in accordance with the advisory procedure referred to in Article 32(4) within twelve months from the opening of the market investigation.
Amendment 1000 #
2020/0374(COD)
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. When the Commission pursuant to Article 3(6) designates as a gatekeeper a provider of core platform services that does not yet enjoy an entrenched and durable position in its operations, but it is foreseeable that it will enjoy such a position in the near future, it shall declare applicable to that gatekeeper only obligations laid down in Article 5(b) and Article 6(1) points (e), (f), (h) and (i) as specified in the designation decision. The Commission shall only declare applicable those obligations that are appropriate and necessary to prevent that the gatekeeper concerned achieves by unfair means an entrenched and durable position in its operations. The Commission shall review such a designation in accordance with the procedure laid down in Article 4.
Amendment 1013 #
2020/0374(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Where the market investigation shows that a gatekeeper has systematically infringed the obligations laid down in Articles 5 and 6 and has further strengthened or extended its gatekeeper position in relation to the characteristics under Article 3(1), the Commission may by decision adopted in accordance with the advisory procedure referred to in Article 32(4) impose on such gatekeeper any behavioural or structural remedies which are proportionate to the infringement committed and necessary to ensure compliance with this Regulation. The Commission shall conclude its investigation by adopting a decision within twelvesix months from the opening of the market investigation.
Amendment 1020 #
2020/0374(COD)
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. A gatekeeper shall be deemed to have engaged in a systematic non- compliance with the obligations laid down in Articles 5 and 6, where the Commission has issued at least threone non-compliance or fining decisions pursuant to Articles 25 and 26 respectively against a gatekeeper in relation to any of its core platform services within a period of five years prior to the adoption of the decision opening a market investigation in view of the possible adoption of a decision pursuant to this Article.
Amendment 1030 #
2020/0374(COD)
Proposal for a regulation
Article 16 – paragraph 5
Article 16 – paragraph 5
5. The Commission shall communicate its objections to the gatekeeper concerned within sixthree months from the opening of the investigation. In its objections, the Commission shall explain whether it preliminarily considers that the conditions of paragraph 1 are met and which remedy or remedies it preliminarily considers necessary and proportionate.
Amendment 1148 #
2020/0374(COD)
Proposal for a regulation
Article 32 – paragraph 4
Article 32 – paragraph 4
4. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply. 5. The Commission shall consult with the Advisory Committee before making a decision under this by-law. 6. The consultation may take place at a meeting convened and chaired by the Commission, which shall be held not earlier than fourteen days after the notice of the meeting is sent, together with a statement of the case, an indication of the most important documents and a preliminary draft decision. Where the Commission sends the notice of a meeting within less than fourteen days, the meeting may take place on the proposed date if no Member State raises an objection. The Advisory Committee shall deliver a written opinion on the Commission's preliminary draft decision. It may issue an opinion even if members are absent and not represented. At the request of one or more members, the positions expressed in the opinion shall be substantiated. 7. The consultation may also be carried out by means of a written procedure. However, the Commission shall organize a meeting if a Member State so requests. Where the written procedure is used, the Commission shall set a time limit of at least 14 days for Member States to submit their comments and forward them to all other Member States. Where the Commission sets a time limit for the written procedure of less than 14 days, the proposed time limit shall apply if no Member State raises an objection. 8. The Commission shall take the utmost account of the opinion of the Advisory Committee. It shall inform the Advisory Committee of the manner in which it has taken account of its opinion. 9. If the opinion of the Advisory Committee is in writing, it shall be attached to the draft decision. If the Advisory Committee recommends publication, the Commission shall proceed with such publication taking into account the legitimate interest of the enterprises in the protection of their business secrets. 10. At the request of an authority of a Member State, the Commission shall place on the agenda of the Advisory Committee cases which are dealt with by a national authority under the Regulation. The Commission may also make such an entry on its own initiative. In both cases, the Commission shall inform the national authority concerned. An authority of a Member State may in particular submit a request concerning a case in which the Commission intends to initiate proceedings under this Regulation. The Advisory Committee shall not give opinions on cases dealt with by Member States' authorities. It may also discuss general questions of European Union law.
Amendment 1159 #
2020/0374(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. When three or more Member States request the Commission to open an investigation pursuant to Article 15 because they consider that there aor organisations and associations that have a legitimate interest in re preasonable grounds to suspect that a providsenting business users ofr core platform services should be designated as a gatekeeper, the Commission shall within four months examine whethernsumers request the Commission to open an investigation pursuant to Articles 15, 16 or 17 because they consider that there are reasonable grounds to open such an investigationsuspect that.
Amendment 1163 #
2020/0374(COD)
Proposal for a regulation
Article 33 – paragraph 1 a (new)
Article 33 – paragraph 1 a (new)
1a. a provider of core platform services should be designated as a gatekeeper, or
Amendment 1165 #
2020/0374(COD)
Proposal for a regulation
Article 33 – paragraph 1 b (new)
Article 33 – paragraph 1 b (new)
1b. a gatekeeper has systematically infringed the obligations laid down in Articles 5 and 6 and has further strengthened or extended its gatekeeper position in relation to the characteristics under Article 3(1), or
Amendment 1166 #
2020/0374(COD)
Proposal for a regulation
Article 33 – paragraph 1 c (new)
Article 33 – paragraph 1 c (new)
1c. one or more services within the digital sector should be added to the list of core platform services, or
Amendment 1167 #
2020/0374(COD)
Proposal for a regulation
Article 33 – paragraph 1 d (new)
Article 33 – paragraph 1 d (new)
1d. types of practices that may limit the contestability of core platform services or may be unfair are not effectively addressed by this Regulation,
Amendment 1168 #
2020/0374(COD)
Proposal for a regulation
Article 33 – paragraph 1 e (new)
Article 33 – paragraph 1 e (new)
1e. the Commission shall within four months examine whether there are reasonable grounds to open such an investigation. The Commission shall give reasons for its decision not to open an investigation.
Amendment 1172 #
2020/0374(COD)
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
2. Member StatesThose submitting a request for a market investigation shall submit evidence in support of their request.
Amendment 1177 #
2020/0374(COD)
Proposal for a regulation
Article 33 a (new)
Article 33 a (new)
Article 33 a Jurisdiction of national courts National courts shall have jurisdiction to apply this Regulation.
Amendment 1178 #
2020/0374(COD)
Proposal for a regulation
Article 33 b (new)
Article 33 b (new)
Amendment 1180 #
2020/0374(COD)
Proposal for a regulation
Article 33 c (new)
Article 33 c (new)
Article 33 c Uniform application of European Union law 1. Where national courts rule on practices covered by this Regulation which are already the subject of a Commission decision, they may not take decisions which would run counter to the decision adopted by the Commission. They must also avoid taking decisions which would run counter to the decision envisaged in proceedings brought by the Commission. To this end, the national court may assess whether it is necessary to suspend its proceedings. This obligation is without prejudice to the rights and obligations under Article 267 TFEU. 2. Where the competition authorities of the Member States decide on practices covered by this Regulation which are already the subject of a Commission decision, they may not take decisions which would run counter to the decision adopted by the Commission.
Amendment 107 #
2020/0365(COD)
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) Due to the increased cross-sectoral and cross-border interdependencies between critical infrastructures, an incident in one Member State can seriously affect activities in another Member State. In order to achieve a high level of resilience of critical infrastructures across the Union, essential services or essential infrastructure should be equally strongly protected and resilient in all Member States. National measures alone are therefore insufficient in addressing risks and situations of disruption of essential services or essential infrastructure.
Amendment 108 #
2020/0365(COD)
Proposal for a directive
Recital 4 b (new)
Recital 4 b (new)
(4b) Differences between national rules relating to the designation and oversight of critical infrastructures as well as differences in requirements may cause distortions of competition within the internal market. A European framework should therefore also have the effect of levelling the playing field for critical entities across the Union.
Amendment 109 #
2020/0365(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Since it is not practical to expect full and continuous critical infrastructure protection , the aim of this Directive should be to make critical infrastructures resilient thereby furthering their capacity to ensure continuous provision of essential services or essential infrastructure or at least to swiftly restore performance after an incident has taken place. Operators of critical infrastructures delivering essential services across the internal market in various sectors necessary for vital societal functions and economic activities, should become resilient against a range of natural and man-made, intentional or unintentional, current and anticipated future risks. It is therefore necessary to lay down harmonised minimum rules to ensure the provision of essential services in the internal market and enhance the resilience of critical entities.
Amendment 128 #
2020/0365(COD)
Proposal for a directive
Article 1 – paragraph 4
Article 1 – paragraph 4
4. Without prejudice to Article 346 TFEU, information that is confidential pursuant to Union and national rules, such as rules on business confidentiality, shall be exchanged with the Commission and other relevant authorities only where that exchange is necessary for the application of this Directive. The information exchanged shall be limited to that which is relevant and proportionate to the purpose of that exchange. The exchange of information shall preserve the confidentiality of that information and protect the security and commercial interests of criticalthe entities concerned.
Amendment 146 #
2020/0365(COD)
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. The European Commission may issue recommendations to Member States to identify specific essential services, infrastructures and the entities providing them and include them in their list of critical entities.
Amendment 163 #
2020/0365(COD)
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
The risk assessment shall account for all relevant risks referred to in Article 4(1) which could lead to the disruption of the provision of essential services. It shall take into account any dependency of other sectors referred to in the Annex on the essential service provided by the critical entity, including in neighbouringother Member States, on European level, and in third countries where relevant, and the impact that a disruption of the provision of essential services in one or more of those sectors may have on the essential service provided by the critical entity.
Amendment 176 #
2020/0365(COD)
Proposal for a directive
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1a. The information provided has to be treated swiftly by the competent authorities in a way that respects its confidentiality and protects the security and commercial interest of the critical entity concerned.
Amendment 182 #
2020/0365(COD)
Proposal for a directive
Article 13 – paragraph 3 – subparagraph 2
Article 13 – paragraph 3 – subparagraph 2
In so doing, the competent authorities and single points of contact shall, in accordance with Union law or national legislation that complies with Union law, treat the information in a way that respects its confidentiality and protects the security and commercial interest of the critical entity concerned.
Amendment 97 #
2020/0361(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) The exemptions from liability established in this Regulation should not apply where, instead of confining itself to providing the services neutrally, by a merely technical and automatic and passive processing of the information provided by the recipient of the service, the provider of intermediary services plays an active role of such a kind as to give it knowledge of, or control over, that information. Those exemptions should accordingly not be available in respect of liability relating to information provided not by the recipient of the service but by the provider of intermediary service itself, including where the information has been developed under the editorial responsibility of that provider. When provider of intermediary service promotes, references the content, the exemption from liability established in this Regulation should not apply to it.
Amendment 101 #
2020/0361(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) A provider of intermediary services that deliberately collaborates with a recipient of the services in order to undertakeengages in illegal activities does not provide its service neutrally and should therefore not be able to benefit from the exemptions from liability provided for in this Regulation.
Amendment 108 #
2020/0361(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) This Regulation should complement, yet not affect the application of rules resulting from other acts of Union law regulating certain aspects of the provision of intermediary services, in particular Directive 2000/31/EC, with the exception of those changes introduced by this Regulation, Directive 2010/13/EU of the European Parliament and of the Council as amended,28 and Regulation (EU) …/.. of the European Parliament and of the Council29 – proposed Terrorist Content Online Regulation. Therefore, this Regulation leaves those other acts, which are to be considered lex specialis in relation to the generally applicable framework set out in this Regulation, unaffected. However, the rules of this Regulation apply in respect of issues that are not or not fully addressed by those other acts as well asThis Regulation should not affect Member States’ freedom to regulate issues on which those other acts leave Member States the possibility of adopting certain, measures at national level. In the event of a conflict between Directive 2010/13/EU as amended and this Regulation, Directive 2010/13/EU as well as the national measures taken in accordance with that Directive should prevail. _________________ 28 Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (Text with EEA relevance), OJ L 95, 15.4.2010, p. 1 . 29Regulation (EU) …/.. of the European Parliament and of the Council – proposed Terrorist Content Online Regulation
Amendment 125 #
2020/0361(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) In order to achieve the objectives of this Regulation, and in particular to improve the functioning of the internal market and ensure a safe and transparent online environment, it is necessary to establish a clear, effective and balanced set of harmonised due diligence obligations for providers of intermediary services. Those obligations should aim in particular to guarantee different public policy objectives such as the safety and trust of the recipients of the service, including minors and vulnerable users, protect the relevant fundamental rights enshrined in the Charter, to ensure meaningful accountability of those providers and to empower recipients and other affected parties, whilst facilitating the necessary oversight by competent authorities.
Amendment 136 #
2020/0361(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) Where a hosting service provider decides to remove or disable information provided by a recipient of the service, for instance following receipt of a notice or acting on its own initiative, including through the use of automated means, that provider shall prevent future uploads of already notified illegal content resulting from a valid notice and action procedure and should inform the recipient of its decision, the reasons for its decision and the available redress possibilities to contest the decision, in view of the negative consequences that such decisions may have for the recipient, including as regards the exercise of its fundamental right to freedom of expression. That obligation should apply irrespective of the reasons for the decision, in particular whether the action has been taken because the information notified is considered to be illegal content or incompatible with the applicable terms and conditions. Available recourses to challenge the decision of the hosting service provider should always include judicial redress.
Amendment 147 #
2020/0361(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) Action against illegal content can be taken more quickly and reliably where online platforms take the necessary measures to ensure that notices submitted by trusted flaggers through the notice and action mechanisms required by this Regulation are treated with priority, without prejudice to the requirement to process and decide upon all notices submitted under those mechanisms in a timely, diligent, effective and objective manner. Such trusted flagger status should only be awarded to entities, and not individuals, that have demonstrated, among other things, that they have particular expertise and competence in tackling illegal content, that they have significant legitimate interest and a proven record in flagging illegal content with a high rate of accuracy and that they have demonstrated their competence in detecting,identifying and notifying illegal content or represent collective interests and that they work in a diligent and objective manner. Such entities can also be public in nature, such as, for terrorist content, internet referral units of national law enforcement authorities or of the European Union Agency for Law Enforcement Cooperation (‘Europol’) or they can be non- governmental organisations and semi- public bodies, such as the organisations part of the INHOPE network of hotlines for reporting child sexual abuse material and organisations committed to notifying illegal racist and xenophobic expressions online. For intellectual property rights, organisations of industry andindividual right-holders, their representatives, duly mandated third parties organisations of industry and other independent entities that have a specific expertise and act in the best interests of right- holders could be awarded trusted flagger status, where they have demonstrated that they meet the applicable conditions. The rules of this Regulation on trusted flaggers should not be understood to prevent online platforms from giving similar treatment to notices submitted by entities or individuals that have not been awarded trusted flagger status under this Regulation, from otherwise cooperating with other entities, in accordance with the applicable law, including this Regulation and Regulation (EU) 2016/794 of the European Parliament and of the Council.43 _________________ 43Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA, OJ L 135, 24.5.2016, p. 53
Amendment 155 #
2020/0361(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) The misuse of services of online platforms by frequently providing manifestlyor disseminating illegal content or by frequently submitting manifestly unfounded notices or complaints under the mechanisms and systems, respectively, established under this Regulation undermines trust and harms the rights and legitimate interests of the parties concerned. Therefore, there is a need to put in place appropriate and proportionate safeguards against such misuse. Information should be considered to be manifestly illegal content and notices or complaints should be considered manifestly unfounded where it is evident to a layperson, without any substantive analysis, that the content is illegal respectively that the notices or complaints are unfounded. Under certain conditions, online platforms should temporarily suspend their relevant activities in respect of the person engaged in abusive behaviour. This is without prejudice to the freedom by online platforms to determine their terms and conditions and establish stricter measures in the case of manifestly illegal content related to serious crimes. For reasons of transparency, this possibility should be set out, clearly and in sufficiently detail, in the terms and conditions of the online platforms. Redress should always be open to the decisions taken in this regard by online platforms and they should be subject to oversight by the competent Digital Services Coordinator. The rules of this Regulation on misuse should not prevent online platforms from taking other measures to address the provision of illegal content by recipients of their service or other misuse of their services, in accordance with the applicable Union and national law. Those rules are without prejudice to any possibility to hold the persons engaged in misuse liable, including for damages, provided for in Union or national law.
Amendment 156 #
2020/0361(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) In order to contribute to a safe, trustworthy and transparent online environment for consumers and other users, as well as for other interested parties such as competing traders and holders of intellectual property rights, and to deter traders from sellinghe selling and dissemination of products orand services in violation of the applicable rules, online platforms allowing consum all providers of intermediary services, including hosting providers, domain name registrars, providers tof conclude distance contracts with tratent delivery networks, proxy and reverse proxy providers, online marketplaces, online payment service providers and online advertising service providers should ensure that such tradtheir business customers are traceable. The tradbusiness customer should therefore be required to provide certain essential information to the online platform or provider of intermediary services, including for purposes of promoting messages on or offering products. That requirement should also be applicable to tradbusiness customers that promote messages on products or services on behalf of brands, based on underlying agreements. Those online platformProviders of intermediary services should store all information in a secure manner for a reasonable period of time that does not exceed what is necessary, so that it can be accessed and verified, in accordance with the applicable law, including on the protection of personal data, by the providers of intermediary services,public authorities and private parties with a legitimate interest, including through the orders to provide information referred to in this Regulation.
Amendment 159 #
2020/0361(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) To ensure an efficient and adequate application of that obligation, without imposing any disproportionate burdens, the online platforms covproviders of intermediary services should make reasonable efforts to verify the reliability of the information provided by the traders concernedir business customers, in particular by using freely available official online databases and online interfaces, such as national trade registers and the VAT Information Exchange System45 , or by requesting the traders concernedir business customers to provide trustworthy supporting documents, such as copies of identity documents, certified bank statements, company certificates and trade register certificates. They may also use other sources, available for use at a distance, which offer a similar degree of reliability for the purpose of complying with this obligation. However, the online platforms covproviders of intermediary services should not be required to engage in excessive or costly online fact-finding exercises or to carry out verifications on the spot. Nor should such online platformproviders of intermediary services, which have made the reasonable efforts required by this Regulation, be understood as guaranteeing the reliability and accuracy of the information towards consumer or other interested parties. Such online platforms sproviders of intermediary services should update the information they hould on a risk-sensitive basis, and at least once a year and also design and organise their online interface in a way that enables tradheir business customers to comply with their obligations under Union law, in particular the requirements set out in Articles 6 and 8 of Directive 2011/83/EU of the European Parliament and of the Council46 , Article 7 of Directive 2005/29/EC of the European Parliament and of the Council47 and Article 3 of Directive 98/6/EC of the European Parliament and of the Council48 . _________________ 45 https://ec.europa.eu/taxation_customs/vies/ vieshome.do?selectedLanguage=en 46Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council 47Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to- consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) 48Directive 98/6/EC of the European Parliament and of the Council of 16 February 1998 on consumer protection in the indication of the prices of products offered to consumers
Amendment 197 #
2020/0361(COD)
Proposal for a regulation
Recital 81
Recital 81
(81) In order to ensure effective enforcement of this Regulation, individuals or representative organisations as well as parties having a legitimate interest and meeting relevant criteria of expertise and independence from any online hosting services provider or platform should be able to lodge any complaint related to compliance with this Regulation with the Digital Services Coordinator in the territory where they received the service, without prejudice to this Regulation’s rules on jurisdiction. Complaints should provide a faithful overview of concerns related to a particular intermediary service provider’s compliance and could also inform the Digital Services Coordinator of any more cross-cutting issues. The Digital Services Coordinator should involve other national competent authorities as well as the Digital Services Coordinator of another Member State, and in particular the one of the Member State where the provider of intermediary services concerned is established, if the issue requires cross- border cooperation.
Amendment 224 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point e a (new)
Article 2 – paragraph 1 – point e a (new)
(e a) ‘business customer’ means: - legal entities, except any entity which qualifies as a large undertaking as defined in Article3(4) of Directive 2013/34 of the European Parliament and the Council; - any natural person that purchases a type or amount of service indicative of, or otherwise indicates, the intent to operate a business online or contracts for the purchase of more than €10.000 of services provided by the intermediary service provider in a one-year period;
Amendment 240 #
2020/0361(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Considering the particular characteristics of the services concerned and the corresponding need to make the providers thereof subject to certain specific obligations, it is necessary to distinguish, within the broader category of providers of hosting services as defined in this Regulation, the subcategory of online platforms. Online platforms, such asearch engines, social networks or online marketplaces, and live streaming platforms or private messaging providers should be defined as providers of hosting services that not only store information provided by the recipients of the service at their request, but that also disseminate that information to the public, again at their request. However, in order to avoid imposing overly broad obligations, providers of hosting services should not be considered as online platforms where the dissemination to the public is merely a minor and purely ancillary feature of another service and that feature cannot, for objective technical reasons, be used without that other, principal service, and the integration of that feature is not a means to circumvent the applicability of the rules of this Regulation applicable to online platforms. For example, the comments section in an online newspaper could constitute such a feature, where it is clear that it is ancillary to the main service represented by the publication of news under the editorial responsibility of the publisher.
Amendment 258 #
2020/0361(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) The exemptions from liability established in this Regulation should not apply where, instead of confining itself to providing the services neutrally, by a merely technical and, automatic and passive processing of the information provided by the recipient of the service, the provider of intermediary services plays an active role of such a kind as to give it knowledge of, or control over, that information. Those exemptions should accordingly not be available in respect of liability relating to information provided not by the recipient of the service but by the provider of intermediary service itself, including where the information has been developed under the editorial responsibility of that provider. The provider of intermediary services is considered to play an active role when it optimises, promotes, classifies, organises and references the content, regardless of whether this is automated or not.
Amendment 260 #
2020/0361(COD)
Proposal for a regulation
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3 a. Paragraph 1 shall not apply when the provider of intermediary services engages in illegal activities.
Amendment 265 #
2020/0361(COD)
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) The exemptions from liability established in this Regulation should not be available to providers of intermediary services that do not comply with the due diligence obligations in this Regulation. The conditionality should further ensure that the standards to qualify for such exemptions contribute to a high-level of safety and trust in the online environment.
Amendment 268 #
2020/0361(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) A provider of intermediary services that deliberately collaborates with a recipient of the services in order to undere main purpose of which is to engage in or facilitakte illegal activities does not provide its service neutrally and should therefore not be able to benefit from the exemptions from liability provided for in this Regulation.
Amendment 288 #
2020/0361(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) In order to ensure the effective protection of consumers when engaging in intermediated commercial transactions online, certain pProviders of hosting services, namely,such as online platforms that allow consumers to conclude distance contracts with traders, and other service providers should not be able to benefit from the exemption from liability for hosting service providers established in this Regulation, in so far as those online platformsey present the relevant information relating to the transactions or exchanges at issue in such a way that it leads consumers to believe that the information was provided by those online platformhosting service providers themselves or by recipients of the service acting under their authority or control, and that those online platformhosting service providers thus have knowledge of or control over the information, even if that may in reality not be the case. In that regard, is should be determined objectively, on the basis of all relevant circumstances, whether the presentation could lead to such a belief on the side of an average and reasonably well-informed consumer.
Amendment 299 #
2020/0361(COD)
Proposal for a regulation
Article 12 a (new)
Article 12 a (new)
Amendment 301 #
2020/0361(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) In order to create legal certainty and not to discourage activities aimed at detecting, identifying and acting against illegal content that providers of intermediary services may undertake on a voluntary basis, it should be clarified that the mere fact that providers undertake such activities does not lead to the unavailability of the exemptions from liability set out in this Regulation, provided those activities are carried out in good faith and in a diligent manner. In addition, it is appropriate to clarify that the mere fact that those providers take measures, in good faith, to comply with the requirements of Union or national law, including those set out in this Regulation as regards the implementation of their terms and conditions, should not lead to the unavailability of those exemptions from liability set out in this Regulation. Therefore, any such activities and measures that a given provider may have taken should not be taken into account when determining whether the provider can rely on an exemption from liability, in particular as regards whether the provider provides its service neutrally and can therefore fall within the scope of the relevant provision, without this rule however implying that the provider can necessarily rely thereon.
Amendment 316 #
2020/0361(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Providers of intermediary services should not be subject to a monitoring obligationMember States are prevented from imposing a monitoring obligation on service providers only with respect to obligations of a general nature. This does not concern monitoring obligations in a specific case and, in particular, does not affect orders by national authorities in accordance with national legislation, in accordance with the conditions established in this Regulation. Nothing in this Regulation should be construed as an imposition of a general monitoring obligation or active fact- finding obligation, or as a general obligation forimpeding providers tofrom takeing proactive measures to relation to illegal contentidentify and remove illegal content and to prevent that it reappears.
Amendment 336 #
2020/0361(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) The orders to provide information regulated by this Regulation concern the production of specific information about individual recipients of the intermediary service concerned who are identified in those orders for the purposes of determining compliance by the recipients of the services with applicable Union or national rules. This information should include the relevant e-mail addresses, telephone numbers, IP addresses and other contact details necessary to ensure such compliance. Therefore, orders about information on a group of recipients of the service who are not specifically identified, including orders to provide aggregate information required for statistical purposes or evidence-based policy-making, should remain unaffected by the rules of this Regulation on the provision of information.
Amendment 338 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 6
Article 14 – paragraph 6
6. Providers of hosting services shall process any notices that they receive under the mechanisms referred to in paragraph 1, and take their decisions in respect of the information to which the notices relate, in a timely, diligent and objective manner. Resulting from a valid notice and action procedure, providers of hosting services shall prevent future uploads of already notified illegal content putting in place effective, reasonable and proportionate measures. Where they use automated means for that processing or decision- making, they shall include information on such use in the notification referred to in paragraph 4.
Amendment 346 #
2020/0361(COD)
Proposal for a regulation
Recital 106 a (new)
Recital 106 a (new)
(106 a)In order to promote the freedom of expression and media pluralism online, the importance of editorial content and services must be recognised, requiring intermediary service providers to refrain from removing, suspending or disabling access to it. It follows that intermediary service providers should be exempt from liability for editorial content and services. Intermediary service providers should put mechanisms in place to facilitate the practical application, for example, the flagging of lawful editorial content and services by content providers. Providers of editorial content and services should be identified by the Member State in which the provider is established. These providers should be understood as performing an economic activity within the meaning of Articles 56 and 57 TFEU.
Amendment 347 #
2020/0361(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) In order to achieve the objectives of this Regulation, and in particular to improve the functioning of the internal market and ensure a safe and transparent online environment, it is necessary to establish a clear, effective and balanced set of harmonised due diligence obligations for providers of intermediary services. Those obligations should aim in particular to guarantee different public policy objectives such as the safety and trust of the recipients of the service, including minors and vulnerable users, protect the relevant fundamental rights enshrined in the Charter, to ensure meaningful accountability of those providers and to empower recipients and other affected parties, whilst facilitating the necessary oversight by competent authorities.
Amendment 352 #
2020/0361(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point c
Article 8 – paragraph 2 – point c
(c) the order is drafted in the language declared by the provider and is sent to the point of contact, appointed by the provider, in accordance with Article 10. The order may alternatively be drafted in the official language of the Member State whose authority issues the order against the specific item of illegal content; in such case, the point of contact is entitled upon request to atranscription, by said authority, into the language declared by the provider.
Amendment 359 #
2020/0361(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Providers of intermediary services shall, upon receipt of an order to provide a specific item of information about one or more specific individual recipients of the service, issued by the relevant national judicial or administrative authorities on the basis of the applicable Union or national law, in conformity with Union law, inform without undue delay the authority of issuing the order of its receipt and the effect given to the order. , the effect given to the order and, where no effect has been given to the order, a statement of reasons explaining why information cannot be provided to the national judicial or administrative authority issuing the order.
Amendment 361 #
2020/0361(COD)
Proposal for a regulation
Article 15 a (new)
Article 15 a (new)
Amendment 365 #
2020/0361(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point a – indent 1
Article 9 – paragraph 2 – point a – indent 1
— a statement of reasons explaining the objective foraccording to which the information is required and why the requirement to provide the information is necessary and proportionate to determine compliance by the recipients of the intermediary services with applicable Union or national rules[, unless such a statement cannot be provided for reasons related to the prevention, investigation, detection and prosecution of criminal offences;
Amendment 368 #
2020/0361(COD)
Proposal for a regulation
Article 1 a (new)
Article 1 a (new)
Article 1 a Contractual provisions 1. Any contractual provisions between an intermediary service provider and a trader, business user, or a recipient of its service which are contrary to this Regulation shall be unenforceable. 2. This Regulation shall apply irrespective of the law applicable to contracts concluded between providers of intermediary services and a recipient of the service, a consumer, a trader or business user.
Amendment 380 #
2020/0361(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point c
Article 9 – paragraph 2 – point c
(c) the order is drafted in the language declared by the provider and is sent to the point of contact appointed by that provider, in accordance with Article 10;. The order may alternatively be drafted in the official language of the Member State whose authority issues the order against the specific item of illegal content; in such case, the point of contact is entitled upon request to a transcription, by said authority, into the language declared by the provider.
Amendment 381 #
2020/0361(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) Providers of hosting services play a particularly important role in tackling illegal content online, as they store information provided by and at the request of the recipients of the service and typically give other recipients access thereto, sometimes on a large scale. It is important that all providers of hosting services, regardless of their size, put in place user-friendly notice and action mechanisms that facilitate the notification of specific items of information that the notifying party considers to be illegal content to the provider of hosting services concerned ('notice'), pursuant to which that provider can decide, based on its own assessment, whether or not it agrees with that assessment and wishes to remove or disable access to that content ('action'). Provided the requirements on notices are met, it should be possible for individuals or entities to notify multiple specific items of allegedly illegal content through a single notice. It may also be possible for online platforms to prevent a content that has already been identified as illegal and that has been removed on the basis of a prior notice, from reappearing. The obligation to put in place notice and action mechanisms should apply, for instance, to file storage and sharing services, web hosting services, advertising servers and paste bins, in as far as they qualify as providers of hosting services covered by this Regulation.
Amendment 391 #
2020/0361(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) Where a hosting service provider decides to remove or disable information provided by a recipient of the service, for instance following receipt of a notice or acting on its own initiative, including through the use of automated means, that provider should prevent future uploads of already notified illegal content resulting from a valid notice and action procedure and should inform the recipient of its decision, the reasons for its decision and the available redress possibilities to contest the decision, in view of the negative consequences that such decisions may have for the recipient, including as regards the exercise of its fundamental right to freedom of expression. That obligation should apply irrespective of the reasons for the decision, in particular whether the action has been taken because the information notified is considered to be illegal content or incompatible with the applicable terms and conditions. Available recourses to challenge the decision of the hosting service provider should always include judicial redress.
Amendment 399 #
Amendment 409 #
2020/0361(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) Action against illegal content can be taken more quickly and reliably where online platforms take the necessary measures to ensure that notices submitted by trusted flaggers through the notice and action mechanisms required by this Regulation are treated with priority, without prejudice to the requirement to process and decide upon all notices submitted under those mechanisms in a timely, diligent, effective and objective manner. Such trusted flagger status should only be awarded to entities, and not individuals, that have demonstrated, among other things, that they have particular expertise and competence in tackling illegal content, that they represent collective interesthave significant legitimate interest and a proven record in flagging illegal content with a high rate of accuracy and that they have demonstrated their competence in detecting, identifying and notifying illegal content or represent collective interests or general interest to prevent infringements of Union law or provide redress and that they work in a diligent and objective manner. Such entities can also be public in nature, such as, for terrorist content, internet referral units of national law enforcement authorities or of the European Union Agency for Law Enforcement Cooperation (‘Europol’) or they can be non- governmental organisations and semi- public bodies, such as the organisations part of the INHOPE network of hotlines for reporting child sexual abuse material and organisations committed to notifying illegal racist and xenophobic expressions online. For intellectual property rights, organisations of industry andindividual right-holders, their representatives, duly mandated third parties organisations of industry and other independent entities that have a specific expertise and act in the best interests of right- holders could be awarded trusted flagger status, where they have demonstrated that they meet the applicable conditions. The same should be granted to applicants within the meaning of Regulation (EU) No 608/2013 or in case of complaints pursuant to Regulation (EU) 2019/1020 so as to ensure that existing rules regarding custom enforcement or consumer protection are effectively implemented to online sale. The rules of this Regulation on trusted flaggers should not be understood to prevent online platforms from giving similar treatment to notices submitted by entities or individuals that have not been awarded trusted flagger status under this Regulation, from otherwise cooperating with other entities, in accordance with the applicable law, including this Regulation and Regulation (EU) 2016/794 of the European Parliament and of the Council.43 __________________ 43Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA, OJ L 135, 24.5.2016, p. 53
Amendment 424 #
2020/0361(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) The misuse of services of online platforms by frequently providing manifestlyor disseminating illegal content or by frequently submitting manifestly unfounded notices or complaints under the mechanisms and systems, respectively, established under this Regulation undermines trust and harms the rights and legitimate interests of the parties concerned. Therefore, there is a need to put in place appropriate and proportionate safeguards against such misuse. Information should be considered to be manifestly illegal content and notices or complaints should be considered manifestly unfounded where it is evident to a layperson, without any substantive analysis, that the content is illegal respectively that the notices or complaints are unfounded. Under certain conditions, online platforms should temporarily suspend their relevant activities in respect of the person engaged in abusive behaviour. This is without prejudice to the freedom by online platforms to determine their terms and conditions and establish stricter measures in the case of manifestly illegal content related to serious crimes. For reasons of transparency, this possibility should be set out, clearly and in sufficiently detail, in the terms and conditions of the online platforms. Redress should always be open to the decisions taken in this regard by online platforms and they should be subject to oversight by the competent Digital Services Coordinator. The rules of this Regulation on misuse should not prevent online platforms from taking other measures to address the provision of illegal content by recipients of their service or other misuse of their services, in accordance with the applicable Union and national law. Those rules are without prejudice to any possibility to hold the persons engaged in misuse liable, including for damages, provided for in Union or national law.
Amendment 434 #
2020/0361(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) In order to contribute to a safe, trustworthy and transparent online environment for consumers and other users, as well as for other interested parties such as competing traders and holders of intellectual property rights, and to deter traders from selling he selling and dissemination of products orand services in violation of the applicable rules, online platforms allowing consum all providers of intermediary services, including hosting providers, domain name registrars, providers tof conclude distance contracts with tratent delivery networks, proxy and reverse proxy providers, online marketplaces, online payment service providers and online advertising service providers should ensure that such tradtheir business customers are traceable. The tradbusiness customer should therefore be required to provide certain essential information to the online platform or provider of intermediary services, including for purposes of promoting messages on or offering products. That requirement should also be applicable to tradbusiness customers that promote messages on products or services on behalf of brands, based on underlying agreements. Those online platformProviders of intermediary services should store all information in a secure manner for a reasonable period of time that does not exceed what is necessary, so that it can be accessed and verified, in accordance with the applicable law, including on the protection of personal data, by the providers of intermediary services, public authorities and private parties with a legitimate interest, including through the orders to provide information referred to in this Regulation.
Amendment 438 #
Amendment 444 #
2020/0361(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) To ensure an efficient and adequate application of that obligation, without imposing any disproportionate burdens, the online platforms covproviders of intermediary services should make reasonable efforts to verify the reliability of the information provided by the traders concernedir business customers, in particular by using freely available official online databases and online interfaces, such as national trade registers and the VAT Information Exchange System45 , or by requesting the traders concernedir business customers to provide trustworthy supporting documents, such as copies of identity documents, certified bank statements, company certificates and trade register certificates. They may also use other sources, available for use at a distance, which offer a similar degree of reliability for the purpose of complying with this obligation. However, the online platforms covproviders of intermediary services should not be required to engage in excessive or costly online fact-finding exercises or to carry out verifications on the spot. Nor should such online platformproviders of intermediary services, which have made the reasonable efforts required by this Regulation, be understood as guaranteeing the reliability and accuracy of the information towards consumer or other interested parties. Such online platforms shoulproviders of intermediary services should update the information they hold on a risk-sensitive basis, and at least once a year and also design and organise their online interface in a way that enables tradheir business customers to comply with their obligations under Union law, in particular the requirements set out in Articles 6 and 8 of Directive 2011/83/EU of the European Parliament and of the Council46 , Article 7 of Directive 2005/29/EC of the European Parliament and of the Council47 and Article 3 of Directive 98/6/EC of the European Parliament and of the Council48 . __________________ 45 https://ec.europa.eu/taxation_customs/vies/ vieshome.do?selectedLanguage=en 46Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council 47Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to- consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) 48Directive 98/6/EC of the European Parliament and of the Council of 16 February 1998 on consumer protection in the indication of the prices of products offered to consumers
Amendment 464 #
2020/0361(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Where a provider of hosting services decides to remove or, disable access to or otherwise restrict the visibility of specific items of information provided by the recipients of the service or to suspend or terminate monetary payments related to those items, irrespective of the means used for detecting, identifying or removing or, disabling access to or reducing the visibility of that information and of the reason for its decision, it shall inform the recipient, at the latest at the time of the removal or disabling of access or the restriction of visibility or the suspension or termination of monetization, of the decision and provide a clear and specific statement of reasons for that decision.
Amendment 471 #
2020/0361(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point a
Article 15 – paragraph 2 – point a
(a) whether the decision entails either the removal of, or the disabling of access to, the restriction of the visibility of, or the demonetization of the information and, where relevant, the territorial scope of the disabling of access or the restriction;
Amendment 477 #
2020/0361(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 (new)
Article 15 – paragraph 2 – subparagraph 1 (new)
2. When the removing or access disabling to specific items of information is followed by the transmission of these specific items of information in accordance with Article 15a, the information of the recipient mentioned in paragraph 1 is postponed by a period of six weeks in order not to interfere with potential ongoing criminal investigations. This period of six weeks can be renewed only after a motivated decision of the competent authority to which the specific items of information had been transmitted.
Amendment 481 #
2020/0361(COD)
Proposal for a regulation
Article 15 a (new)
Article 15 a (new)
Amendment 488 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. Online platforms shall provide recipients of the service as well as individuals or entities that have submitted a notice, for a period of at least six months following the decision referred to in this paragraph, the access to an effective internal complaint-handling system, which enables the complaints to be lodged electronically and free of charge, against the decision taken by the online platform not to act after having received a notice, and against the following decisions taken by the online platform on the ground that the information provided by the recipients is illegal content or incompatible with its terms and conditions:
Amendment 493 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
(a) decisions to remove or, disable access to or restrict the visibility of the information;
Amendment 497 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 1 b (new)
Article 17 – paragraph 1 b (new)
1 b. 2. When the decision to remove or disable access to the information is followed by the transmission of this information in accordance with Article 15a, the period of at least six months mentioned in paragraph 1 begins to start from the day on which the information was given to the recipient in accordance with Article15(2).
Amendment 509 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
5. Online platforms shall ensure that recipients of the service are given the possibility, where necessary, to contact a human interlocutor at the time of the submission of the complaint and that the decisions, referred to in paragraph 4, are not solely taken on the basis of automated means.
Amendment 544 #
2020/0361(COD)
Proposal for a regulation
Recital 80
Recital 80
(80) Member States should ensure that violations of the obligations laid down in this Regulation can be sanctioned in a manner that is effective, proportionate and dissuasive, taking into account the nature, gravity, recurrence and duration of the violation, in view of the public interest pursued, the scope and kind of activities carried out, as well as the economic capacity of the infringer. In particular, penalties should take into account whether the provider of intermediary services concerned systematically or recurrently fails to comply with its obligations stemming from this Regulation, as well as, where relevant, whether the provider is active in several Member States. The Digital Service Coordinator should have the power to request the relevant judicial authority to take meaningful action when the provider of intermediary services has repeatedly infringed the obligations laid down in the Regulation.
Amendment 546 #
2020/0361(COD)
Proposal for a regulation
Recital 81
Recital 81
(81) In order to ensure effective enforcement of this Regulation, individuals or representative organisations as well as parties having a legitimate interest and meeting relevant criteria of expertise and independence from any online hosting services provider or platform should be able to lodge any complaint related to compliance with this Regulation with the Digital Services Coordinator in the territory where they received the service, without prejudice to this Regulation’s rules on jurisdiction. Complaints should provide a faithful overview of concerns related to a particular intermediary service provider’s compliance and could also inform the Digital Services Coordinator of any more cross-cutting issues. The Digital Services Coordinator should involve other national competent authorities as well as the Digital Services Coordinator of another Member State, and in particular the one of the Member State where the provider of intermediary services concerned is established, if the issue requires cross- border cooperation.
Amendment 576 #
2020/0361(COD)
Proposal for a regulation
Article 21 – title
Article 21 – title
21 15c. Notification of suspicions of criminal offences
Amendment 577 #
2020/0361(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Where an online platform provider of hosting services becomes aware of any information giving rise to a suspicion that a serious criminal offence involving a threat to the life or safety of persons has taken place, is taking place or is likely to take place, it shall promptly inform the law enforcement or judicial authorities of the Member State or Member States concerned of its suspicion and provide all relevant information available.
Amendment 582 #
2020/0361(COD)
Proposal for a regulation
Article 21 – paragraph 2 – introductory part
Article 21 – paragraph 2 – introductory part
2. Where the online platformprovider of hosting services cannot identify with reasonable certainty the Member State concerned, it shall inform the law enforcement authorities of the Member State in which it is established or has its legal representative or inform Europol.
Amendment 583 #
2020/0361(COD)
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Article 13a Providers of intermediary services shall ensure that the identity, such as the trademark/logo or other characteristic traits, of the business user providing the goods or services on the intermediary services is clearly visible alongside the goods or services offered.
Amendment 584 #
2020/0361(COD)
Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1
Article 21 – paragraph 2 – subparagraph 1
For the purpose of this Article, the Member State concerned shall be the Member State where the offence is suspected to have taken place, be taking place and likely to take place, or the Member State where the suspected offender resides or is located, or the Member State where the victim of the suspected offence resides or is located. For the purpose of this Article, each Member State shall notify to the European Commission and to the Council the list of its competent law enforcement or judicial authorities.
Amendment 607 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 3 a (new)
Article 14 – paragraph 3 a (new)
3a. Notices that concern content and services of media service providers identified pursuant to Article 11a paragraph 2a shall be processed and resolved within existing internal complaints mechanisms of media service providers and include the possibility to seize the competent national judicial or regulatory authority or supervisory body. Content and services of media service providers shall remain available on hosting services until notices are resolved.
Amendment 652 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) ‘consumer’ means any natural person who is acting for purposes which are outside his or her trade, business, craft or profession;
Amendment 660 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d – indent 1
Article 2 – paragraph 1 – point d – indent 1
— a significant number of users in one or more Member States compared to their total population; or
Amendment 670 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point e a (new)
Article 2 – paragraph 1 – point e a (new)
(ea) ‘business customer’ means: - legal entities, except any entity which qualifies as a large undertaking as defined in Article 3(4) of Directive 2013/34 of the European Parliament and the Council; - any natural person that purchases a type or amount of service indicative of, or otherwise indicates, the intent to operate a business online or contracts for the purchase of more than €10,000 of services provided by the intermediary service provider in a one-year period;
Amendment 672 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point f – introductory part
Article 2 – paragraph 1 – point f – introductory part
(f) ‘intermediary service’ means one of the following information society services:
Amendment 675 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point f – indent 3
Article 2 – paragraph 1 – point f – indent 3
— a ‘hosting’ service that consists of the storage of information provided by, and at the request of, a recipient of the service and which does not have any active role in data processing;
Amendment 678 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point f – indent 3 a (new)
Article 2 – paragraph 1 – point f – indent 3 a (new)
- an online platform as defined in point (h) of this Regulation;
Amendment 687 #
2020/0361(COD)
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
Recipients of the service, as well as other parties having a legitimate interest and meeting relevant criteria of expertise and independence from any online hosting services provider or platform shall have the right to lodge a complaint against providers of intermediary services alleging an infringement of this Regulation with the Digital Services Coordinator of the Member State where the recipient resides or is established. The Digital Services Coordinator shall assess the complaint and, where appropriate, transmit it to the Digital Services Coordinator of establishment. Where the complaint falls under the responsibility of another competent authority in its Member State, the Digital Service Coordinator receiving the complaint shall transmit it to that authority.
Amendment 688 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – point g
(g) ‘illegal content’ means any information,, which, in itself or by its reference to an activity, including the sale of products or provision of servicesillegal content, products, services or activity, is not in compliance with Union law or the law of a Member State, irrespective of the precise subject matter or nature of that law;
Amendment 699 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point h
Article 2 – paragraph 1 – point h
(h) ‘online platform’ means a provider of a hosting service which, at the request of a recipient of the service, stores and disseminates to the public information and optimises its content, unless that activity is a minor and purely ancillary feature of anotherthe main service and, for objective and technical reasons cannot be used without that othermain service, and the integration of the feature into the other service is not a means to circumvent the applicability of this Regulation.;
Amendment 707 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point h a (new)
Article 2 – paragraph 1 – point h a (new)
(ha) ‘online marketplace’ means an online platform allowing consumers to conclude distance contracts with traders;
Amendment 708 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point h b (new)
Article 2 – paragraph 1 – point h b (new)
(hb) ‘live streaming platform service’ means an information society service the main or one of the main purposes of which is to give the public access to audio or video material that is broadcasted live by its users, which it organises and promotes for profit-making purposes;
Amendment 709 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point h c (new)
Article 2 – paragraph 1 – point h c (new)
(hc) ‘private messaging service’ means a number-independent interpersonal communications service as defined in Article 2(7) of Directive (EU) 2018/1972, excluding transmission of electronic mail as defined in Article 2(h) of Directive 2002/58/EC.
Amendment 711 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point i
Article 2 – paragraph 1 – point i
(i) ‘dissemination to the public’ means making information available, at the request of the recipient of the service who provided the information, to a significant and potentially unlimited number of third parties;
Amendment 723 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point p
Article 2 – paragraph 1 – point p
(p) ‘content moderation’ means the activities undertaken by providers of intermediary services, regardless of whether they are automated or processed by a person, which are aimed at detecting, identifying and addressing illegal content or information incompatible with their terms and conditions, provided by recipients of the service, including measures taken that affect the availability, visibility and accessibility of that illegal content or that information, such as demotion, disabling of access to, or removal thereof, or the recipients’ ability to provide that information, such as the termination or suspension of a recipient’s account;
Amendment 758 #
2020/0361(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) upon obtaining such knowledge or awareness, acts expeditiously toand permanently removes or to disables access to the illegal content; expeditiously means immediately or as fast as possible and in any event no later than within 30 minutes where the illegal content pertains to the broadcast of a live sports or entertainment event.
Amendment 775 #
2020/0361(COD)
Proposal for a regulation
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. Paragraph 1 shall not apply when the provider of intermediary services engages in illegal activities.
Amendment 784 #
2020/0361(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Providers of intermediary services shall not be deemed ineligible for the exemptions from liability referred to in Articles 3, 4 and 5 solely because they carry out voluntary own-initiative investigations or other activities aimed at detecting, identifying and removing, or disabling of access to, illegal content, or take the necessary measures to comply with the requirements of Union law, including those set outwhen they engage in or facilitate illegal activities or when they do not comply with the due diligence obligations laid down in this Regulation.
Amendment 791 #
2020/0361(COD)
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
Paragraph 1 shall apply only when intermediary services are compliant with due diligence obligations laid down in this Regulation.
Amendment 834 #
2020/0361(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point c
Article 8 – paragraph 2 – point c
(c) the order is drafted in the language declared by the provider and is sent to the point of contact, appointed by the provider, in accordance with Article 10; upon a decision by a Member State an order may be drafted in the official language of the Member State whose authority issued the order against the specific item of illegal content; in such case, the point of contact shall be entitled, upon request, to a transcription by that authority into the language declared by the provider.
Amendment 841 #
2020/0361(COD)
Proposal for a regulation
Article 24 a (new)
Article 24 a (new)
Article 24a Recommender systems 1. Online platforms that use recommender systems shall set out in their terms and conditions, in a clear, accessible and easily comprehensible manner, the main parameters used in their recommender systems, as well as any options for the recipients of the service to modify or influence those main parameters that they may have made available, including at least one option which is not based on profiling, within the meaning of Article 4 (4) of Regulation (EU) 2016/679. 2. Where several options are available pursuant to paragraph 1, online platforms shall provide an easily accessible functionality on their online interface allowing the recipient of the service to select and to modify at any time their preferred option for each of the recommender systems that determines the relative order of information presented to them.
Amendment 859 #
2020/0361(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Providers of intermediary services shall, upon receipt of an order to provide a specific item of information about one or more specific individual recipients of the service, issued by the relevant national judicial or administrative authorities on the basis of the applicable Union or national law, in conformity with Union law, inform without undue delay the authority of issuing the order of its receipt and the effect given to the order. Where no effect has been given to the order, a statement shall explain the reasons why the information cannot be provided to the national judicial or administrative authority that issued the order.
Amendment 873 #
2020/0361(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point a – indent 1
Article 9 – paragraph 2 – point a – indent 1
— a statement of reasons explaining the objective foraccording to which the information is required and why the requirement to provide the information is necessary and proportionate to determine compliance by the recipients of the intermediary services with applicable Union or national rules, unless such a statement cannot be provided for official reasons related to the prevention, investigation, detection and prosecution of criminal offences;
Amendment 877 #
2020/0361(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point c
Article 9 – paragraph 2 – point c
(c) the order is drafted in the language declared by the provider and is sent to the point of contact appointed by that provider, in accordance with Article 10;. Upon a decision by a Member State, the order may be drafted in the official language of the Member State whose authority issued the order against the specific item of illegal content, In such case, the point of contact shall be entitled, upon request, to a transcription by that authority into the language declared by the provider.
Amendment 898 #
2020/0361(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Providers of intermediary services shall establish a single point of contact allowing for direct communication, by electronic means, with Member States’ authorities, the Commissiwhich do not have an establishment in the Union but which offer services in the Union shall designate, for those already existing as soon as possible, for those to be established prior to the establishment, in writing, a legal or natural person ands the Board referred to in Article 47 for the application of this Regulationir legal representative in one of the Member States where the provider offers its services.
Amendment 915 #
2020/0361(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Providers of intermediary services shall mandate their legal representatives to be addressed in addition to or instead of the provider by the Member States’ authorities, the Commission and the Board on all issues necessary for the receipt of, compliance with and enforcement of decisions issued in relation to this Regulation. Providers of intermediary services shall provide their legal representative with the necessary powers and resource tos in order to guarantee their proper and timely cooperateion with the Member States’ authorities, the Commission and the Board and complyiance with those decisions.
Amendment 919 #
2020/0361(COD)
Proposal for a regulation
Article 11 – paragraph 5 a (new)
Article 11 – paragraph 5 a (new)
5a. Providers of intermediary services that qualify as micro or small enterprises as defined in Recommendation 2003/361/EC, and who have been unsuccessful in obtaining the services of a legal representative after reasonable effort, shall be able to request that the Digital Service Coordinator of the Member State where the enterprise intends to obtain a legal representative facilitates further cooperation and recommends possible solutions, including possibilities for collective representation.
Amendment 926 #
2020/0361(COD)
Proposal for a regulation
Article 29
Article 29
Amendment 927 #
2020/0361(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Providers of intermediary services shall include information on any restrictions that they impose in relation to the use of their service in respect of informaensure that their terms and conditions provided byhibit the recipients of their service, in their terms and conditions. Thats from providing information sthall include information on any policies, procedures, measures and tools used for the purpose of content moderation, including algorithmic decision-making and human review. It shall be set out in clear and unambiguous language and shall be publicly available in an easily accessible formatt is not in compliance with Union law or the law of the Member State where such information is made available.
Amendment 945 #
2020/0361(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Providers of intermediary services shall act inensure that any a ddiligent, objective and proportionate manner in applying and enforcing the restrictions referred to in paragraph 1, with due regard to the rights and legitimate interests of all parties involved, including the applicable fundamental rights of the recipients of the servicetional restrictions that they impose in relation to the use of their service in respect of information provided by the recipients of the service are designed with due regard to the fundamental rights as enshrined in the Charter.
Amendment 946 #
2020/0361(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 a (new)
Article 12 – paragraph 2 – subparagraph 1 a (new)
Providers of intermediary services shall enforce the additional restrictions referred to in the first subparagraph in a diligent, objective and proportionate manner, with due regard to the rights and legitimate interests of all parties involved, including the applicable fundamental rights of the recipients of the service as enshrined in the Charter.
Amendment 965 #
2020/0361(COD)
Proposal for a regulation
Article 12 a (new)
Article 12 a (new)
Amendment 1012 #
2020/0361(COD)
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Amendment 1021 #
2020/0361(COD)
Proposal for a regulation
Chapter III – Section 2 – title
Chapter III – Section 2 – title
Additional provisions applicable to providers of hosting services, including online platforms, and to providers of livestreaming platform services and of private messaging services
Amendment 1025 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Providers of hosting servicesivate messaging services and providers of hosting services, including online platforms, shall put mechanisms in place to allow any individual or entity to notify them of the presence on their service of specific items of information that the individual or entity considers to be illegal content. Those mechanisms shall be easy to access, clearly visible, low-threshold, user- friendly, and located close to the content in question allowing for the submission of notices exclusively by electronic means.
Amendment 1050 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point b
Article 14 – paragraph 2 – point b
(b) a clear indication of the electronic location of that information, in particular the exact URL or URLs, and, where necessary, additional information enabling the identification of the illegal conten enabling the identification of the illegal content if the application of the service that is used by the recipient allows it;
Amendment 1073 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 6
Article 14 – paragraph 6
6. Providers of hosting services shall process any notices that they receive under the mechanisms referred to in paragraph 1, and take their decisions in respect of the information to which the notices relate, in a timely, diligent and objective manner. Where they use automated means for that processing or decision-making, they shall include information on such use in the notification referred to in paragraph 4. , including online platforms, and of private messaging services, without prejudice to Article 5(1), point (b), shall process any notices that they receive under the mechanisms referred to in paragraph 1, of this Article, and remove or disable access to the illegal content without undue delay and within seven days of the receipt of the notification at the latest. Resulting from a valid notice and action procedure, providers of hosting services shall prevent future uploads of already notified illegal content putting in place effective, reasonable and proportionate measures.
Amendment 1083 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 6 a (new)
Article 14 – paragraph 6 a (new)
6a. Providers of hosting service shall, without undue delay and within seven days of the receipt of the notification at the latest, inform consumers who have purchased illegal products between the moment they have been uploaded on the provider’s website and the moment the listing has been taken down by the platform following a valid notice.
Amendment 1095 #
2020/0361(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Where a provider of hosting services decides to remove or, disable access to or otherwise restrict the visibility of specific items of information provided by the recipients of the service, or to suspend or terminate monetary payments related to those items, irrespective of the means used for detecting, identifying or removing or, disabling access to or reducing the visibility of that information and of the reason for its decision, it shall inform the recipient, at the latest at the time of the removal or disabling of access or the restriction of visibility or the suspension or termination of monetization, of the decision and provide a clear and specific statement of reasons for that decision.
Amendment 1100 #
2020/0361(COD)
Proposal for a regulation
Article 15 – paragraph 2 – introductory part
Article 15 – paragraph 2 – introductory part
2. When the removing or disabling access to specific items of information is followed by the transmission of those specific items of information in accordance with Article 15a, the provision of information to the recipient in accordance with paragraph 1 shall be postponed for a period of six weeks in order not to interfere with potential ongoing criminal investigations. That period of six weeks may be renewed only after a motivated decision of the competent authority to which the specific items of information had been transmitted. The statement of reasons referred to in paragraph 1 shall at least contain the following information:
Amendment 1103 #
2020/0361(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point a
Article 15 – paragraph 2 – point a
(a) whether the decision entails either the removal of, or the disabling of access to, the restriction of the visibility of, or the demonetisation of the information and, where relevant, the territorial scope of the disabling of access or of the restriction of visibility;
Amendment 1126 #
2020/0361(COD)
Proposal for a regulation
Article 15 a (new)
Article 15 a (new)
Amendment 1133 #
2020/0361(COD)
Proposal for a regulation
Article 15 b (new)
Article 15 b (new)
Article 15b Notification of suspicions of serious criminal offences 1. Where a provider of hosting services becomes aware of any information giving rise to a suspicion that a serious criminal offence involving a threat to the life or safety of persons has taken place, is taking place or is likely to take place, it shall promptly inform the law enforcement or judicial authorities of the Member State or Member States concerned of its suspicion and provide all relevant information available. 2. Where provider of hosting services cannot identify with reasonable certainty the Member State concerned, it shall inform the law enforcement authorities of the Member State in which it is established or has its legal representative or shall inform Europol. For the purpose of this Article, the Member State concerned shall be the Member State where the serious criminal offence is suspected to have taken place, to be taking place or to likely take place, or the Member State where the suspected offender resides or is located, or the Member State where the victim of the suspected serious criminal offence resides or is located. For the purpose of this Article, each Member State shall notify to the Commission the list of its competent law enforcement or judicial authorities.
Amendment 1146 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. Online platforms shall provide recipients of the service, as well as individuals or entities that have submitted a notice, for a period of at least six months following the decision referred to in this paragraph, the access to an effective internal complaint-handling system, which enables the complaints to be lodged electronically and free of charge, against the decision taken by the online platform not to act after having received a notice, and against the following decisions taken by the online platform on the ground that the information provided by the recipients is illegal content or incompatible with its terms and conditions:
Amendment 1156 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
(a) decisions to remove or, disable access to or restrict the visibility of the information;
Amendment 1168 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point c a (new)
Article 17 – paragraph 1 – point c a (new)
(ca) decisions to restrict the ability to monetise content provided by the recipients.
Amendment 1179 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 1 a (new)
Article 17 – paragraph 2 – subparagraph 1 a (new)
When the decision to remove or disable access to the information is followed by the transmission of this information in accordance with Article 15a, the period of at least six months referred to in paragraph 1 of this Article begins on the day on which the information was given to the recipient in accordance with Article 15.
Amendment 1181 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Online platforms shall handle complaints submitted through their internal complaint-handling system in a timely, diligent and objective manner and without undue delay and at the latest within seven days of the notification. Where a complaint contains sufficient grounds for the online platform to consider that the information to which the complaint relates is not illegal and is not incompatible with its terms and conditions, or contains information indicating that the complainant’s conduct does not warrant the suspension or termination of the service or the account, it shall reverse its decision referred to in paragraph 1 without undue delay.
Amendment 1259 #
Amendment 1323 #
2020/0361(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Online platforms shall, after having issued a prior warning, suspend, for a reasonable period of time and after having issued a prior warning,, or terminate the provision of their services to recipients of the service that frequentpeatedly provide manifestly illegal content.
Amendment 1332 #
2020/0361(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. Online platforms shall, after having issued a prior warning, suspend, for a reasonable period of time and after having issued a prior warning,, or terminate the processing of notices and complaints submitted through the notice and action mechanisms and internal complaints- handling systems referred to in Articles 14 and 17, respectively, by individuals or entities or by complainants that frequently submit notices or complaints that are manifestly unfounded.
Amendment 1367 #
Amendment 1527 #
2020/0361(COD)
Proposal for a regulation
Article 25 – title
Article 25 – title
Very large online platforms, live streaming platforms, private messaging providers and search engines
Amendment 1532 #
2020/0361(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. This Section shall apply to online platform services, live streaming platform services, private messaging services and search engine services which provide their services to a number of average monthly active recipients of the service in the Union equal to or higher than 45 million, calculated in accordance with the methodology set out in the delegated acts referred to in paragraph 3.
Amendment 1548 #
2020/0361(COD)
Proposal for a regulation
Article 26 – paragraph 1 – introductory part
Article 26 – paragraph 1 – introductory part
1. Very large online platform services, live streaming platform services, private messaging services and search engine services shall identify, analyse and assess, from the date of application referred to in the second subparagraph of Article 25(4), at least once a year thereafter, any significant systemic risks stemming from the functioning and use made of their services in the Union. This risk assessment shall be specific to their services and shall include the following systemic risks:
Amendment 1599 #
2020/0361(COD)
Proposal for a regulation
Article 27 – paragraph 1 – introductory part
Article 27 – paragraph 1 – introductory part
1. Very large online platform services, live streaming platform services, private messaging services and search engine services shall put in place reasonable, proportionate and effective mitigation measures, tailored to the specific systemic risks identified pursuant to Article 26. Such measures may include, where applicable:
Amendment 1638 #
2020/0361(COD)
Proposal for a regulation
Article 27 – paragraph 2 – point a
Article 27 – paragraph 2 – point a
(a) identification and assessment of the most prominent and recurrent systemic risks reported by very large online platforms or identified through other information sources, in particular those provided in compliance with Article 31 and 33;
Amendment 1735 #
2020/0361(COD)
Proposal for a regulation
Article 30 – paragraph 2 a (new)
Article 30 – paragraph 2 a (new)
2a. Very large online platforms that display advertising on their online interfaces shall conduct at their own expense, upon the request of advertisers, independent audits performed by organisations complying with the criteria set out in Article 28(2), on a reasonable frequency, under fair and proportionate conditions agreed upon between platforms and advertisers to: (a) conduct quantitative and qualitative assessment of cases where advertising is associated with illegal content or with content incompatible with their terms and conditions; (b) detect fraudulent use of their services to fund illegal activities; (c) assess the performance of their tools in terms of brand safety. The report shall include an audit opinion of the performance of the tools of a very large online platform in terms of brand safety, either positive, positive with comments or negative. Where the audit opinion is not positive, operational recommendations for specific measures to achieve compliance shall be provided. Very large online platforms shall make the result of that audit available to advertisers upon their request.
Amendment 1904 #
2020/0361(COD)
Proposal for a regulation
Article 37 – paragraph 5
Article 37 – paragraph 5
5. If the Commission considers that a crisis protocol fails to effectively address the crisis situation, or to safeguard the exercise of fundamental rights as referred to in point (e) of paragraph 4, it mayshall request the participants to remove and, where necessary, revise the crisis protocol, including by taking additional measures.
Amendment 1907 #
2020/0361(COD)
Proposal for a regulation
Article 38 – paragraph 2 – subparagraph 1
Article 38 – paragraph 2 – subparagraph 1
2. Member States shall designate one of the competent authorities as their Digital Services Coordinator. The Digital Services Coordinator shall be responsible for all matters relating to application and enforcement of this Regulation in that Member State, unless the Member State concerned has assigned certain specific tasks or sectors to other competent authorities. Those competent authorities shall have the same powers to carry out the tasks or supervise the sectors assigned to them as those attributed to the Digital Services Coordinator for the application and enforcement of this Regulation. The Digital Services Coordinator shall in any event be responsible for ensuring coordination at national level in respect of those matters and for contributing to the effective and consistent application and enforcement of this Regulation throughout the Union.
Amendment 1927 #
2020/0361(COD)
Proposal for a regulation
Article 40 – paragraph 1
Article 40 – paragraph 1
1. The Member State in which the main establishment of the provider of intermediary services is located shall have jurisdiction for the purposes of Chapters III and IV of this Regulation, Sections 1 to 4, as well as Chapter IV.
Amendment 1930 #
2020/0361(COD)
Proposal for a regulation
Article 40 – paragraph 1 a (new)
Article 40 – paragraph 1 a (new)
1a. The Member State where the consumers have their habitual residence shall have jurisdiction for the purposes of Chapter III, Section 3.
Amendment 1931 #
2020/0361(COD)
Proposal for a regulation
Article 40 – paragraph 1 b (new)
Article 40 – paragraph 1 b (new)
1b. The Member State where the authority issuing the order is situated shall have jurisdiction for the purposes of Articles 8 and 9.
Amendment 1944 #
2020/0361(COD)
Proposal for a regulation
Article 41 – paragraph 2 – subparagraph 1 – point e
Article 41 – paragraph 2 – subparagraph 1 – point e
(e) the power to adopt interim measures to address repeated infringement of the obligations laid down in the Regulation or to avoid the risk of serious harm.
Amendment 1946 #
2020/0361(COD)
Proposal for a regulation
Article 41 – paragraph 2 – subparagraph 1 – point e a (new)
Article 41 – paragraph 2 – subparagraph 1 – point e a (new)
(ea) For the purposes of sub-paragraph (e), the powers of Digital Service Coordinator shall include the ability to request the relevant judicial authority to: (i) issue an order to remove content or to restrict access to an online interface or to order the explicit display of a warning to consumers when they access an online interface; (ii) order a provider of a hosting service to remove, disable or restrict access to an online interface; (iii) where appropriate, order domain registries or registrars to delete a fully qualified domain name and to allow the competent authority concerned to register it, including by requesting at third party or other public authority to implement such measures; or, (iv) order other appropriate measures under the circumstances.
Amendment 1964 #
2020/0361(COD)
Proposal for a regulation
Article 42 a (new)
Article 42 a (new)
Article 42a In accordance with the conditional exemption from liability laid down in Article 1(1)(a), Member States shall ensure that the penalty for repeatedly failing to comply with the obligations under this Regulation includes the horizontal loss of the liability exemption for the intermediary service provider.
Amendment 1968 #
2020/0361(COD)
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
Recipients of the service, as well as other parties having a legitimate interest and meeting relevant criteria of expertise and independence from any online hosting services provider or platform shall have the right to lodge a complaint against providers of intermediary services alleging an infringement of this Regulation with the Digital Services Coordinator of the Member State where the recipient resides or is established. The Digital Services Coordinator shall assess the complaint and, where appropriate, transmit it to the Digital Services Coordinator of establishment. Where the complaint falls under the responsibility of another competent authority in its Member State, the Digital Service Coordinator receiving the complaint shall transmit it to that authority.
Amendment 2066 #
2020/0361(COD)
Proposal for a regulation
Article 48 – paragraph 5
Article 48 – paragraph 5
5. The Board may invite experts and observers to attend its meetings, and mayshall cooperate with other Union bodies, offices, agencies and advisory groups, as well as external experts as appropriate. The Board shall make the results of this cooperation publicly available.
Amendment 129 #
2020/0353(COD)
Proposal for a regulation
Recital 26 a (new)
Recital 26 a (new)
(26 a) Interoperability of chargers within specific categories of products could reduce unnecessary waste and costs for the benefit of consumers and other end- users. It should be possible therefore to recharge batteries for products such as electric vehicles, light means of transport, IT,telecommunications and consumer equipment, such as mobile phones and tablets, printers and laptops, as well as electric or electronic tools such as gardening tools or power drills, by making use of common chargers that allow interoperability within each category of products. A common charger specifically for small and medium sized electronic devices, like mobile phones and tablets, should be introduced at an earlier stage as per revision of the Directive 2014/53/EU on the harmonization of the laws of the Member States relating to the making available on the market of radio equipment.
Amendment 283 #
2020/0353(COD)
Proposal for a regulation
Article 11 a (new)
Article 11 a (new)
Article 11 a Common chargers From 1 January 2026, rechargeable batteries designed for electric vehicles and light means of transport, as well as rechargeable batteries incorporated into specific categories of electrical and electronic equipment covered by Directive 2012/19/EU, shall be charged by making use of common chargers. The Commission is empowered to adopt, no later than by 31 December 2024, a delegated act in accordance with Article 73 determining the categories of products and equipment to which this Article shall apply. When adopting the delegated act referred to in paragraph 2, the Commission shall take into account the size of the market, the reduction of waste, and the reduction of costs for consumers and other end- users.
Amendment 902 #
2018/2121(INI)
Motion for a resolution
Paragraph 138 a (new)
Paragraph 138 a (new)
138a. Recalls the importance of maintaining a balance between strong encryption for computer security, data protection and privacy protection and the need to offer guarantees for legitimate access to information for the purpose of criminal investigations by law enforcement bodies.
Amendment 1170 #
2018/2121(INI)
Motion for a resolution
Paragraph 181
Paragraph 181
181. Worries that whistle-blowers are often discouraged from reporting their concerns for fear of retaliation and that if there is retaliation and it is not discouraged or punished, this only serves to dissuade potential whistle-blowers; considers that the recognition in AMLD5 of the right of whistle-blowers to present a complaint in a safe manner to the respective competent authorities when exposed to a threat or retaliation and of their right to an effective remedy constitutes a significant improvement of the situation of individuals reporting suspicions of money laundering or terrorist financing internally within the company or to a FIU;
Amendment 9 #
2018/2046(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes the overall year-on-year increase proposed by the Commission in the appropriations of heading 1 – Smart and inclusive growth (+3.91 % in commitment appropriations and +1,83 % in payment appropriations);
Amendment 10 #
2018/2046(BUD)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Acknowledges the modest increase proposed by the Commission in the appropriations of heading1b - Economic, social and territorial cohesion (+2,8 % in commitment appropriations and +1,1% in payment appropriations);
Amendment 16 #
2018/2046(BUD)
Draft opinion
Paragraph 6
Paragraph 6
6. Welcomes the proposal to increase the commitment appropriations for the FEAD and the EGF (+2% for each); regrets, however, the decrease (-60%) of the payment appropriations for the EGF, as well as the decreases (respectively 1.5% and -0.4%) of the commitment and payment appropriation for the EaSI; stresses that the commitment appropriations for 'Microfinance and Social Entrepreneurship' will have to be maintained at an ambitious level;
Amendment 20 #
2018/2046(BUD)
Draft opinion
Paragraph 7
Paragraph 7
7. Stresses, furthermore, that the budget lines supporting European social dialogue and measures for social partners are of prime importance when it comes to strengthening social partners’ involvement, for example in the European Semester and the implementation of the European Pillar of Social Rights; and thuscknowledges the slight increase in commitment appropriations (6,4%) but regrets the decrease in payment appropriations (- 21.8%) proposed by the Commission as regards industrial relations and social dialogue;
Amendment 30 #
2018/2046(BUD)
Draft opinion
Paragraph 10
Paragraph 10
10. Welcomes the creation of the European Labour Authority, which is expected to begin operating in 2019; highlights the need to provide for additional funding to ensure that sufficient financial resources are set aside for its establishment; regrets that the funding proposed by the Commission (EUR 11 million, appropriations are to be entered into the reserve until such time as the basic act is adopted by the legislator) is of a lower magnitude than the one of other EU agencies in the area of employment and social affairs; insists that this funding cannot be accomplished by redeploying allocations from the other employment and social affairs agencies; notes that the EURES portal will gradually be shifted under the ELA in 2019 and 2020 and calls for assurance that this transfert of activities does not lead neither to any cut in the EURES budget nor to any disruptions in the functionning of the portal;
Amendment 2 #
2018/2024(BUD)
Draft opinion
Paragraph 1
Paragraph 1
1. Emphasises that the 2019 budget should contribute towards achieving the Europe 2020 targets in the social and employment area, which are furthest from being achieved, and a successful implementation of the European Pillar of Social Rights, particularly when it comes to combating youth and long-term unemployment, rising inequalities, social exclusion and poverty; stresses, in this regard, that the 2019 budget cannot be understood outside the context of the 2014- 2020 multiannual financial framework (MFF);
Amendment 8 #
2018/2024(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Recalls that robust recovery and, sustainable growth and structural reforms are key factors to creating quality jobs, increasing prosperity and boosting upward social convergence, and that the European structural and investment funds should be directed more effectively towards creating employment, promoting inclusive growth, fostering social cohesion and, reducing inequalities and promoting upskilling measures and life-long-learning;
Amendment 14 #
2018/2024(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Underlines the importance of adequate funding for the programmes and initiatives within the 2014-2020 MFF that seek to address unemployment, poverty and social exclusion, and especially those aimed at the most disadvantaged in society, such as the European Social Fund (ESF), the Youth Employment Initiative (YEI), the European Globalisation Adjustment Fund (EGF), the various axes of the Programme for Employment and Social Innovation (EaSI), the separate budget lines supporting European social dialogue and workers’ organisationmeasures towards social partners, and the Fund for European Aid to the Most Deprived (FEAD); insists, therefore, that the resources of these programmes should be increased for the 2019 budget, or at least maintained at the levels of the previous year;
Amendment 16 #
2018/2024(BUD)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Expects the 2019 budget to continue demonstrating great ambition to fight youth unemployment; calls on the continuation of efforts to improve the implementation of the Youth Employment Initiative, by ensuring that the offers of employment, education or training match with participant profiles and labour market demand in order to place participants in sustainable employment;
Amendment 21 #
2018/2024(BUD)
Draft opinion
Paragraph 4 – subparagraph 1 (new)
Paragraph 4 – subparagraph 1 (new)
Sees that the low absorption rate is partly due to administrative barriers; calls therefore further reduction of administrative barriers to improve the access to funds;
Amendment 22 #
2018/2024(BUD)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Recalls that the principle of proportionality must prevail in the management and control of structural programs; calls on the Commission and the Member States to explore the possibilities of an online system of application more conducive to administrative simplification for project managers;
Amendment 23 #
2018/2024(BUD)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Calls on the Commission, in line with the ECA Special Report 06/2018, to better identify and monitor funding addressed to labour mobility in the scope of EaSI and ESF, to ensure complementarity and better performance monitoring of the funds, and hence their efficient and effective use;
Amendment 30 #
2018/2009(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Reminds that justice affirms the rule of law in society and ensures everyone's right to a fair trial by an independent and impartial court with a view of protecting of European values;
Amendment 47 #
2018/2009(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Reiterates that reasonable time- limits of proceedings serve the purpose of legal certainty, which is the key requirement for the rule of law;
Amendment 58 #
2018/2009(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls on the Member States to invest more in development of judicial trainings and continuous education for judges as this is a basis for an efficient, independent and impartial judicial system;
Amendment 97 #
2018/2009(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Emphasises that independence of judiciary is an important part of the fundamental principle of democracy. Judiciary should not be a subject of political or economic or any other kind of manipulation;
Amendment 65 #
2018/0212(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Additional instruments are therefore necessary to avoid the possibility in the future that large asymmetric shocks will result into deeper and broader situations of stress and weaken economic, social, and territorial cohesion.
Amendment 76 #
2018/0212(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The activation of EISF support should therefore be determined by a double activation trigger based on both the level of national unemployment rate compared to its past average and the change in unemployment compared to a certain threshold. The formula for calculating the amount of EISF loan support should also take into account the trend in the youth unemployment rate in the Member State requesting support.
Amendment 88 #
2018/0212(COD)
Proposal for a regulation
Recital 33
Recital 33
Amendment 114 #
2018/0212(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The Commission, including the European Anti-Fraud Office and the European Parliament, shall in particular have the right to send its officials or duly authorised representatives, for example independent experts, to carry out in the Member State concerned any technical or financial controls or audits that ithey considers necessary in relation to EISF support.
Amendment 119 #
2018/0212(COD)
Proposal for a regulation
Annex II – point 2 – paragraph 1 – point c
Annex II – point 2 – paragraph 1 – point c
(c) employment, unemployment rate, youth unemployment rate, participation rates, indicators of part time employment, hours worked;
Amendment 41 #
2018/0208(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) According to Article 2 of the Treaty on European Union, ‘the Union is founded on the values of respect for human dignity, freedom democracy, equality, the rule of law and the respect for human rights, including the rights of the persons belonging to minorities. These values are common to the Member States in a society where pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail’. Article 3 further specifies that the ‘Union’s aim is to promote peace, its values and the well- being of its people’ and, among others, ‘it shall respect its rich cultural and linguistic diversity, and shall ensure that Europe’s cultural heritage is safeguarded and enhanced’. These values are further reaffirmed and articulated in the rights, freedoms and principles enshrined in the Charter of Fundamental Rights of the European Union (‘the Charter’) and the UN Convention on the Rights of Persons with Disabilities.
Amendment 58 #
2018/0208(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6 a) Access to justice should include, in particular, access to courts, to alternative methods of dispute settlement and to public office-holders obliged by the law to provide parties with independent and impartial legal advice.
Amendment 61 #
2018/0208(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7 a) Reminds that justice is affirming the rule of law in society and ensuring for everyone the right to a fair trial by an independent and impartial court with a view for the protection of European values.
Amendment 67 #
2018/0208(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8 a) Reiterates that reasonable time- limits of proceedings serve the purpose of legal certainty, which is the key requirement for the rule of law.
Amendment 70 #
2018/0208(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9 a) Calls on the Member States to invest more in development of judicial trainings and continuous education for judges as this is a basis for an efficient, independent and impartial judicial system.
Amendment 81 #
2018/0208(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Pursuant to Article 67 TFEU, the Union should constitute an area of freedom, security and justice with respect for fundamental rights, to which access to justice is instrumental. In order to facilitate effective access to justice, and with a view to foster the mutual trust which is indispensable for the good functioning of the area of freedom, security and justice, it is necessary to extend financial support to activities of other authorities than judicial authorities and legal practitioners, as well as of civil society organisations, which contribute to these objectives. Bodies and entities that have access to the Programme should include national, regional and local authorities.
Amendment 101 #
2018/0208(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
It lays down the objectives of the Programme, the budget for the period 2021 –1 January 2021 – 31 December 2027, the forms of Union funding and the rules for providing such funding.
Amendment 109 #
2018/0208(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The Programme has the general objective of contributing to the further development of a European area of justice based on the rule of law, the independence of judges, impartiality of justice, on mutual recognition and mutual trust;
Amendment 125 #
2018/0208(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The financial envelope for the implementation of the Programme for the period 2021 – 2027 shall be EUR [305400 000 000] in current prices.
Amendment 138 #
2018/0208(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
Actions contributing to the achievement of a specific objective specified in Article 3 may receive funding under this Regulation. In , in particular: 1. awareness raising, dissemination of information to improve the knowledge of Union policies and of Union law including substantive and procedural law, of judicial cooperation instruments, of the relevant case-law of the Court of Justice of the European Union, and of comparaticular, activities listed in Annex I shall be eligible for funding. ve law and of European and international standards; 2. mutual learning through exchange of good practices among stakeholders to improve knowledge and mutual understanding of the civil and criminal law and the legal and judicial systems of the Member States, including the rule of law, and enhancing mutual trust; 3. analytical and monitoring activities1a to improve the knowledge and understanding of potential obstacles to the smooth functioning of a European area of justice and to improve the implementation of Union law and policies in the Member States; 4. training relevant stakeholders to improve the knowledge of Union policies and Union law including inter alia substantive and procedural law, the use of EU judicial cooperation instruments, the relevant case-law of the Court of Justice of the European Union, legal language and of comparative law. 5. information and Communication Technology (ICT) tools development and maintenance to improve the efficiency of judicial systems and their cooperation by means of information and communication technology, including the cross-border interoperability of systems and applications. 6. developing capacity of key European level networks and European judicial networks, including networks established by Union law to ensure the effective application and enforcement of Union law, to promote and further develop Union law, policy goals and strategies in the areas of the programme, as well as supporting civil society organisations active in the areas covered by the Programme. 7. enhancing knowledge of the programme and dissemination and transferability of its results and fostering citizen outreach. _________________ 1a These activities include for instance the collection of data and statistics; the development of common methodologies and, where appropriate, indicators or benchmarks; studies, researches, analyses and surveys; evaluations; impact assessment; the elaboration and publication of guides, reports and educational material.
Amendment 142 #
2018/0208(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. An operating grant mayshall be awarded without a call for proposals to the European Judicial Training Network to cover expenditure associated with its permanent work programme.
Amendment 144 #
2018/0208(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Indicators to report on progress of the Programme towards the achievement of the specific objectives set out in Article 3 are set out in the Annex II.
Amendment 145 #
2018/0208(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. To ensure effective assessment of progress of the Programme towards the achievement of its objectives, the Commission shall be empowered to adopt delegated acts, in accordance with Article 14, to develop the provisions for a monitoring and evaluation framework, including through amendments to the Annex II to review and complement the indicators where necessary.
Amendment 155 #
2018/0208(COD)
Proposal for a regulation
Annex I
Annex I
Amendment 166 #
2018/0208(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 7
Annex I – paragraph 1 – point 7
7. enhancing knowledge of the programme and dissemination and transferability of its results and fostering citizen outreach, including by setting up and supporting programme desks/national contact network.
Amendment 169 #
2018/0208(COD)
Proposal for a regulation
Annex II – paragraph 1 a (new)
Annex II – paragraph 1 a (new)
The following shall be considered a non- exhaustive list of specific indicators: (a) the number and percentage of persons in a target group reached by awareness- raising activities funded by the Programme; (b) the number and percentage of members of the judiciary and judicial staff in a target group that participated in training activities, staff exchanges, study visits, workshops and seminars funded by the Programme; (c) the improvement in the level of knowledge of Union law and policies in the groups participating in activities funded by the Programme compared to the entire target group; (d) the number of cases, activities and outputs of cross-border cooperation, including cooperation by means of information technology tools and procedures established at Union level; (e) participants' assessment of the activities in which they participated and of their (expected) sustainability; (f) the geographical coverage of the activities funded by the Programme.
Amendment 170 #
2018/0208(COD)
Proposal for a regulation
Annex II – paragraph 1 b (new)
Annex II – paragraph 1 b (new)
3.In addition to the indicators set out in paragraph 2, the interim and ex-post evaluation report of the Programme shall assess, inter alia: (a) the perceived impact of the Programme on access to justice based on qualitative and quantitative data collected at European level; (b) the number and quality of instruments and tools developed through actions funded by the Programme; (c) the European added value of the Programme, including an evaluation of the Programme's activities in the light of similar initiatives which have been developed at national or European level without support from Union funding, and their (expected) results and the advantages and/or disadvantages of Union funding compared to national funding for the type of activity in question; (d) the level of funding in relation to the outcomes achieved (efficiency); (e) the possible administrative, organisational and/or structural obstacles to the smoother, more effective and efficient implementation of the Programme (scope for simplification).
Amendment 53 #
2018/0206(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The Union is confronted with structural challenges arising from economic globalisation, the management of migration flows and the increased security threat, clean energy transition, technological change, unemployment in general and youth unemployment, and an increasingly ageing workforce and growing skills and labour shortages in some sectors and regions, experienced especially by SMEs. Taking into account the changing realities of the world of work, the Union should be prepared for the current and future challenges by investing in relevant skills, making growth more inclusive and by improving employment and social policies, including in view of labour mobility.
Amendment 84 #
2018/0206(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The ESF+ shouldGiven that it is the main Union instrument focused on employment and skills, it is essential that the ESF+ is able to contribute to social, economic, and territorial cohesion in all parts of Europe. To that end it must provide support to improving the quality, effectiveness and labour market relevance of education and training systems in order to facilitate the acquisition of key competences, notably as regards digital skills which all individuals need for personal fulfilment and development, employment, social inclusion and active citizenship. The ESF+ shouldmust help progression within education and training and transition to work, support lifelong learning and employability, and contribute to competitiveness and societal and economic innovation by supporting scalable and sustainable initiatives in these fields. This couldan be achieved for example through work-based learning and apprenticeships, lifelong guidance, skills anticipation in cooperation with industry, up-to-date training materials, forecasting and graduate tracking, training of educators, validation of learning outcomes and recognition of qualifications.
Amendment 88 #
2018/0206(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The ESF+As a main European instrument relating to employment and skills, the ESF+ should be able to contribute to social, economic and territorial cohesion throughout Europe. In order to do so, it should provide support to improving the quality, effectiveness and labour market relevance of education and training systems in order to facilitate the acquisition of key competences notably as regards digital skills which all individuals need for personal fulfilment and development, employment, social inclusion and active citizenship. The ESF+ should help progression within education and training and transition to work, support lifelong learning and employability, and contribute to competitiveness and societal and economic innovation by supporting scalable and sustainable initiatives in these fields. This could be achieved for example through work-based learning and apprenticeships, lifelong guidance, skills anticipation in cooperation with industry, up-to-date training materials, forecasting and graduate tracking, training of educators, validation of learning outcomes and recognition of qualifications.
Amendment 99 #
2018/0206(COD)
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) Given the differences in levels of development within Europe as a whole, ESF+ assistance must always be flexible enough to allow for specific regional and territorial characteristics.
Amendment 106 #
2018/0206(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) The ESF+ should support policy and system reforms in the fields of employment, social inclusion, healthcare and long-term care, and education and training. In order to strengthen alignment with the European Semester, Member States should allocate an appropriate amount of their resources of the ESF+ strand under shared management to implement relevant country-specific recommendations relating to structural challenges which it is appropriate to address through multiannual investments falling within the scope of the ESF+. The Commission and the Member States should ensure coherence, coordination and complementarity between the shared- management and Health strands of ESF+ and the Reform Support Programme, including the Reform Delivery Tool and the Technical Support Instrument, as well as the European Pillar of Social Rights. In particular, the Commission and the Member State should ensure, in all stages of the process, effective coordination in order to safeguard the consistency, coherence, complementarity and synergy among sources of funding, including technical assistance thereof.
Amendment 121 #
Amendment 123 #
2018/0206(COD)
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) Given the differences in levels of development within Europe as a whole, ESF+ assistance must always be flexible enough to allow for specific regional and territorial characteristics.
Amendment 147 #
2018/0206(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) The ESF+ should support policy and system reforms in the fields of employment, social inclusion, healthcare and long-term care, and education and training. In order to strengthen alignment with the European Semester, Member States should allocate an appropriate amount of their resources of the ESF+ strand under shared management to implement relevant country-specific recommendations relating to structural challenges which it is appropriate to address through multiannual investments falling within the scope of the ESF+. The Commission and the Member States should ensure coherence, coordination and complementarity between the shared- management and Health strands of ESF+ and the Reform Support Programme, including the Reform Delivery Tool and the Technical Support Instrument, as well as the European Pillar of Social Rights. In particular, the Commission and the Member States should ensure, in all stages of the process, effective coordination in order to safeguard the consistency, coherence, complementarity and synergy among sources of funding, including technical assistance thereof.
Amendment 170 #
2018/0206(COD)
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) Disparities are growing at subregional level, including in more prosperous regions where there are pockets of poverty.
Amendment 175 #
2018/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point vii
Article 4 – paragraph 1 – point vii
(vii) fostering active social inclusion with a view to promoting equal opportunities and active participation, and improving employability;
Amendment 185 #
2018/0206(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) Efficient and effective implementation of actions supported by the ESF+ depends on good governance and partnership between all actors at the relevant territorial levelthe European institutions and national, regional, and local authorities and the socio- economic actors, in particular the social partners and civil society. It is therefore essential that Member States encourage the participation of sinvolve regional and locial partners and civil societyauthorities in the implementation of the ESF+ under shared management. , while also encouraging the participation of social partners and civil society.
Amendment 227 #
2018/0206(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) Pursuant to Article [94 of Council Decision 2013/755/EU19], persons and entities established in Overseas Countries and Territories (OCTs) are to be eligible for funding subject to the rules and objectives of the Employment and Social Innovation and Health strands and possible arrangements applicable to the Member State to which the relevant OCTs are linked. The programme will need to allow for the particular constraints affecting persons and entities established in those territories in order to provide for proper access to those strands. __________________ 19 Council Decision 2013/755/EU of 25 November 2013 on the association of the overseas countries and territories with the European Union ( ‘Overseas Association Decision’) (OJ L 344, 19.12.2013, p. 1).
Amendment 267 #
2018/0206(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 18 a (new)
Article 2 – paragraph 1 – point 18 a (new)
(18a) ‘overseas countries and territories’ means overseas countries and territories to which the provisions of Part Four of the Treaty on the Functioning of the European Union apply and which are listed in Annex II to that Treaty;
Amendment 283 #
2018/0206(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
The ESF+ aims to support Member States, at national, regional and local level, to achieve high employment levels, fair social protection and a skilled and resilient workforce ready for the future world of work, in line with the principles set out in the European Pillar of Social Rights proclaimed by the European Parliament, the Council and the Commission on 17 November 2017.
Amendment 297 #
2018/0206(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point a
Article 3 – paragraph 3 – point a
(a) under shared management, whereby the programming and implementation shall be delegated to the Member States and the regions, for the part of the assistance which corresponds to the specific objectives indicated in Article 4(1) (the ‘ESF+ strand under shared management’), and
Amendment 304 #
2018/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. The ESF+ shall support the following specific objectives in the policy areas of employment, education, mobility, social inclusion and health and thereby also contributing to the policy objective for “A more social Europe - Implementing the European Pillar of Social Rights” set out in Article [4] of the [future CPR]:
Amendment 357 #
2018/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point vii
Article 4 – paragraph 1 – point vii
(vii) fostering active social inclusion with a view to promoting equal opportunities and active participation, and improving employability;
Amendment 363 #
2018/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point viii a (new)
Article 4 – paragraph 1 – point viii a (new)
(viiia) promoting equal opportunities for all European citizens, including the most remote, by supporting mobility.
Amendment 386 #
2018/0206(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The part of the financial envelope for the ESF+ strand under shared management under the Investment for Jobs and Growth goal shall be EUR 100 000 000 000 in current prices or EUR 88 646 194 590 in 2018 prices of which EUR 200 000 000 in current prices or EUR 175 000 000 in 2018 prices shall be allocated for transnational cooperation supporting innovative solutions as referred to in Article 23(i) and EUR 400 000 000 in current prices or EUR 376 928 934 in 2018 prices as additional funding to the outermost regions identified in Article 349 TFEU and the NUTS level 2 regions fulfilling the criteria laid down in Article 2 of Protocol No 6 to the 1994 Act of Accession. The specific allocation for the outermost regions referred to in Article 349 TFEU provides for compensation of the additional costs connected with one or more permanent constraints hampering their development. In particular, it supports mobility actions.
Amendment 502 #
2018/0206(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Each Member State shall ensure adequate participation of regional and local authorities, social partners and civil society organisations in the delivery of employment, education and social inclusion policies supported by the ESF+ strand under shared management.
Amendment 534 #
2018/0206(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
Regulation No 2018/0206
Article 11 – paragraph 1
Article 11 – paragraph 1
The actions addressing the challenges identified in relevant country-specific recommendations and in the European Semester as referred to in Article 7(2) shall be programmed under one or more dedicated priorities. Member States and, where appropriate the Commission, shall foster synergies and ensure coordination, complementarity and coherence between these specific priorities and the European Pillar of Social Rights.
Amendment 179 #
2018/0202(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point a
Article 5 – paragraph 2 – point a
(a) the cessation of activity of more than 2500 displaced workers or self- employed persons, over a reference period of four months, in an enterprise in a Member State, including where that cessation applies in its suppliers or downstream producers;
Amendment 183 #
2018/0202(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point b
Article 5 – paragraph 2 – point b
(b) the cessation of activity of more than 2500 displaced workers or self- employed persons, over a reference period of six months, particularly in SMEs, where all operate in the same economic sector defined at NACE Revision 2 division level and located in one region or two contiguous regions defined at NUTS 2 level or in more than two contiguous regions defined at NUTS 2 level provided that there are more than 2500 workers or self-employed persons affected in two of the regions combined;
Amendment 187 #
2018/0202(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point c
Article 5 – paragraph 2 – point c
(c) the cessation of activity of more than 2500 displaced workers or self- employed persons, over a reference period of four months, particularly in SMEs, operating in the same or different economic sectors defined at NACE Revision 2 division level and located in the same region defined at NUTS 2 level.
Amendment 191 #
2018/0202(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. In small labour markets, in the outermost regions, or in exceptional circumstances, in particular with regard to applications involving SMEs or VSEs, where duly substantiated by the applicant Member State, an application for a financial contribution under this Article may be considered admissible even if the criteria laid down in points (a), (b) or (c) of paragraph 1 are not entirely met, when the redundancies have a serious impact on employment and the local or regional economy. The applicant Member State shall specify which of the intervention criteria set out in points (a), (b) or (c) of paragraph 1 are not entirely met. The aggregated amount of contributions in exceptional circumstances may not exceed 15 % of the annual ceiling of the EGF.
Amendment 259 #
2018/0202(COD)
Proposal for a regulation
Article 13 – paragraph 3 – subparagraph 1
Article 13 – paragraph 3 – subparagraph 1
The Commission shall implement information and communication activities on EGF cases and outcomes based on its experience, with the aim of improving the effectiveness of the EGF and ensuring that Union citizens and workerscitizens, workers, the Union’s social partners, and the stakeholders or authorities whose responsibility it is to activate the EGF know about the EGFfund.
Amendment 68 #
2018/0196(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) At Union level, the European Semester of economic policy coordination is the framework to identify national reform priorities and monitor their implementation. Member States develop their own national multiannual investment strategies in support of these reform priorities. These strategies should be presented alongside the yearly National Reform Programmes as a way to outline and coordinate priority investment projects to be supported by national and Union funding. They should also serve to use Union funding in a coherent manner and to maximise the added value of the financial support to be received notably from the Funds, the European Investment Stabilisation Function and InvestEU. In general, Member States and, where appropriate, the Commission should foster synergies and ensure coordination, complementarity and coherence between these specific priorities and the European Pillar of Social Rights.
Amendment 89 #
2018/0196(COD)
Proposal for a regulation
Recital 28 a (new)
Recital 28 a (new)
(28a) There ought to be provision for use to be made of regional indicators so that subregional disparities can be taken into account more effectively.
Amendment 97 #
2018/0196(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) In full respect of the applicable State aid and public procurement rules already clarified during the 2014-2020 programming period, the managing authorities should have the possibility to decide on the most appropriate implementation options for financial instruments in order to address the specific needs of target regions. Furthermore, the undoubted consequences - at national and, above all, subnational level - of the United Kingdom’s withdrawal from the EU might make it necessary to apply state aid rules with sufficient flexibility to ensure that certain critical situations can be dealt with.
Amendment 98 #
2018/0196(COD)
Proposal for a regulation
Recital 48 a (new)
Recital 48 a (new)
Amendment 100 #
2018/0196(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) To ensure an appropriate balance between the effective and efficient implementation of the Funds and the related administrative costs and burdens, the frequency, scope and coverage of management verifications should be based on a risk assessment that takes account of factors such as the type of operations implemented, the beneficiaries as well as the level of risk identified by previous management verifications and audits. Management and control of the Funds should be governed by the principle of proportionality in relation to the level of risk to the budget of the Union. .
Amendment 109 #
2018/0196(COD)
Proposal for a regulation
Recital 66 a (new)
Recital 66 a (new)
(66a) It should be pointed out that the United Kingdom’s withdrawal from the Union will have an asymmetrical impact on local and regional authorities, depending both on the economic sectors involved, such as fisheries, agriculture and, above all, port activities, and on the particular regions and Member States concerned. The fact is that some regions and Member States are more exposed to economic risks because of the nature and extent of their trading links with the United Kingdom. Making use of the specific budget heading created in 2001 to help border regions in their dealings with prospective Member States should be looked into as a way of providing a stabilisation fund to mitigate the economic consequences of the United Kingdom’s withdrawal. Furthermore, in the light of the challenges posed by Brexit at local and regional level, there will need to be ongoing cooperation involving exchanges of good practices at local and regional authority level.
Amendment 100 #
2018/0114(COD)
Proposal for a directive
Article premier – paragraph 1 – point 3
Article premier – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 a – paragraph 1
Article 86 a – paragraph 1
1a. The Member State of destination may require a company which is transferring its registered office to its territory to simultaneously relocate its central administration, where this requirement is laid down in national legislation for undertakings established in their territory.
Amendment 132 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 e – Title
Article 86 e – Title
Report of the management or administrative organ to the members and employees
Amendment 134 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 e – paragraph 1
Article 86 e – paragraph 1
1. The management or administrative organ of the company carrying out the cross-border conversion shall draw up a report for the members and employees explaining and justifying the legal and economic aspects of the cross-border conversion.
Amendment 137 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 e – paragraph 2 – point c a (new)
Article 86 e – paragraph 2 – point c a (new)
(ca) the implications of the cross- border conversion for the safeguarding of employment relationships;
Amendment 140 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 e – paragraph 2 – point c b (new)
Article 86 e – paragraph 2 – point c b (new)
(cb) any material changes in the conditions of employment and in the location of the companies’ places of business;
Amendment 141 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 e – paragraph 2 – point c c (new)
Article 86 e – paragraph 2 – point c c (new)
(cc) whether the factors set out in points (a), (ca) and (cb) affect any subsidiaries of the company.
Amendment 145 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 e – paragraph 3
Article 86 e – paragraph 3
3. The report referred to in paragraph 1 of this Article, shall be made available, at least electronically, to the members not less than two months before the date of the general meeting referred to in Article 86i. That report shall also be made similarly available to theand representatives of the employees of the company carrying out the cross-border conversion or, where there are no such representatives, to the employees themselves, not less than two months before the date of the general meeting referred to in Article 86i.
Amendment 148 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 e – paragraph 3 a (new)
Article 86 e – paragraph 3 a (new)
3a. Where the management or administrative organ of the company carrying out the cross-border conversion receives, in good time, an opinion from the representatives of its employees or, where there are no such representatives, from the employees themselves, as provided for under national law, the members shall be informed thereof and that opinion shall be appended to that report.
Amendment 151 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 e – paragraph 4
Article 86 e – paragraph 4
4. However, that report shall not be required where allt least two thirds of the members of the company carrying out the cross-border conversion have agreed to waive this requirement.
Amendment 152 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 e – paragraph 4 a (new)
Article 86 e – paragraph 4 a (new)
4a. However, where a company carrying out a cross-border conversion and its subsidiaries, if any, have no employees other than those who form part of the management or administrative organ, the report referred to in paragraph 1 shall not be required.
Amendment 154 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 e – paragraph 4 b (new)
Article 86 e – paragraph 4 b (new)
4b. Paragraphs 1 to 4 are without prejudice to the applicable information and consultation rights and procedures instituted at national level in response to the transposition of Directive 2002/14/EC or 2009/38/EC.
Amendment 155 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 f
Article 86 f
Amendment 188 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 g – title
Article 86 g – title
Article 86g Examination by an independent expertthe competent authority
Amendment 191 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 g – paragraph 1 – point 3
Article 86 g – paragraph 1 – point 3
1. Member States shall ensure that the company carrying out the cross-border conversion applies not less than two months before the date of the general meeting referred to in Article 86i to the competent authority designated in accordance with Article 86m(1), to appoint an expert to examine and assess for an assessment of the draft terms of the cross- border conversion and the reports referred to in Articles 86e and 86f, subject to the proviso set out in paragraph 6 of this Article.
Amendment 193 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 g – paragraph 1 – subparagraph 2
Article 86 g – paragraph 1 – subparagraph 2
The application forto the appointment of an expertcompetent authority shall be accompanied by the following:
Amendment 197 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
2. The competent authority shall appointIf it considers it necessary, the competent authority shall be free to seek the assistance of an independent expert within five working days from the application referred to in paragraph 1 and the receipt of the draft terms and reports. The expert shall be independent from the company carrying out the cross-border conversion and may be a natural or a legal person depending upon the law of the departure Member State. Member States shall take into account, in assessing the independence of the expert, the framework established in Articles 22 and 22b of Directive 2006/43/EC.
Amendment 199 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 g – paragraph 3
Article 86 g – paragraph 3
3. The expertWhere there is reasonable doubt as to the real reason for a cross-border conversion, the competent authority shall draw up a written report providing at least:
Amendment 203 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 g – paragraph 4
Article 86 g – paragraph 4
4. Member States shall ensure that the independent expert shall becompetent authority is entitled to obtain, from the company carrying out the cross- border conversion, all relevant information and documents and to carry out all necessary investigations to verify all elements of the draft terms or management reports. The expertcompetent authority shall also be entitled to receive comments and opinions from the representatives of the employees of the company, or, where there are no such representatives, from the employees themselves and also from the creditors and members of the company.
Amendment 204 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 g – paragraph 5
Article 86 g – paragraph 5
5. Member States shall ensure that information submittgathered toby the independent expertcompetent authority can only be used for the purpose of drafting theits report and that confidential information, including business secrets, shall not be disclosed. Where appropriate, the expertcompetent authority may submit a separate document containing any such confidential information to the competent authority, designated in accordance with Article 86m(1) and that separate document shall only be made available to the company carrying out the cross-border conversion and not be disclosed to any other party.
Amendment 214 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 j – paragraph 1 – point a
Article 86 j – paragraph 1 – point a
(a) the members holding shares with voting rights and who did not vote forwho voted against the approval of the draft terms of the cross- border conversion;
Amendment 216 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 j – paragraph 3
Article 86 j – paragraph 3
3. Member States shall ensure that a company carrying out a cross-border conversion makes an offer of adequate compensation in the draft terms of the cross-border conversion as specified in the Article 86d(1)(i) to the members, referred to in paragraph 1 of this Article, who wish to exercise their right to dispose of their shareholdings. Member States shall also establish the period for the acceptance of the offer, which shall not in any event exceed one month after the general meeting referred to in Article 86is must express their intention to avail themselves of their exit right before the general meeting. Member States shall further ensure that a company is able to accept an offer communicated electronically to an address provided by the company for that purpose.
Amendment 218 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 j – paragraph 5
Article 86 j – paragraph 5
5. Member States shall ensure that any member who has accepted the offer of cash compensation referred to in paragraph 3, but who considers that the cash compensation has not been adequately set, is entitled to demand the recalculation of the cash compensation offered before a national court within one month15 days of the acceptance of the offer.
Amendment 219 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 k – paragraph 2
Article 86 k – paragraph 2
2. Member States shall ensure that creditors who are dissatisfied with the protection of their interests provided for in the draft terms of the cross-border conversion, as provided for in Article 86d(f), and who have lodged their objection before the cross-border conversion may apply to the appropriate administrative or judicial authority for adequate safeguards within one month of the disclosure referred to in Article 86h.
Amendment 254 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 a – paragraph 1
Article 86 a – paragraph 1
1a. The Member State of destination may require a company which is transferring its registered office to its territory to simultaneously relocate its central administration, where this requirement is laid down in national legislation for undertakings established in their territory.
Amendment 319 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 e – title
Article 86 e – title
Article 86e: Report of the management or administrative organ to the members and employees
Amendment 323 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 e – paragraph 1
Article 86 e – paragraph 1
1. The management or administrative organ of the company carrying out the cross-border conversion shall draw up a report for the members and employees explaining and justifying the legal and economic aspects of the cross-border conversion.
Amendment 329 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 e – paragraph 2 – point c a (new)
Article 86 e – paragraph 2 – point c a (new)
(ca) the implications of the cross- border conversion on the safeguarding of employment relationships;
Amendment 332 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 e – paragraph 2 – point c b (new)
Article 86 e – paragraph 2 – point c b (new)
(cb) any material changes in the conditions of employment and in the location of the companies’ places of business;
Amendment 335 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 e – paragraph 2 – point c c (new)
Article 86 e – paragraph 2 – point c c (new)
(cc) whether the factors set out in points (a), (d) and (e) affect any subsidiaries of the company.
Amendment 339 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive (EU) 2017/1132
Article 126 a – paragraph 3
Article 126 a – paragraph 3
3. Member States shall ensure that each of the merging companies makes an offer of adequate cash compensation in the common draft terms of the cross-border merger, as specified in Article 122(1)(m), to those members referred to in paragraph 1 of this Article who wish to exercise their right to dispose of their shareholdings. Member States shall also establish the period for the acceptance of the offer, which shall not in any event exceed one month after the general meeting referred to in Article 126The members shall express their intention of invoking their exit right before the general meeting or, in cases where the approval of the general meeting is not required, within twoone months after the disclosure of the common draft terms of merger referred to in Article 123. Member States shall further ensure that the merging companies are able to accept an offer communicated electronically to an address provided by those companies for that purpose.
Amendment 341 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 Directive (EU) 2017/1132
Article 1 – paragraph 1 – point 3 Directive (EU) 2017/1132
3. The report referred to in paragraph 1 of this Article, shall be made available, at least electronically, to the members not less than two months before the date of the general meeting referred to in Article 86i. That report shall also be made similarly available to theand representatives of the employees of the company carrying out the cross-border conversion or, where there are no such representatives, to the employees themselves, not less than two months before the date of the general meeting referred to in Article 86i.
Amendment 344 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 e – paragraph 3 a (new)
Article 86 e – paragraph 3 a (new)
3a. Where the management or administrative organ of the company carrying out the cross-border conversion receives, in good time, an opinion from the representatives of their employees or, where there are no such representatives, from the employees themselves, as provided for under national law, the members shall be informed thereof and that opinion shall be appended to that report.
Amendment 350 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 e – paragraph 4
Article 86 e – paragraph 4
4. However, that report shall not be required where allt least two thirds of the members of the company carrying out the cross-border conversion have agreed to waive this requirement.
Amendment 351 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 e – paragraph 4 a (new)
Article 86 e – paragraph 4 a (new)
4a. However, where a company carrying out a cross-border conversion and its subsidiaries, if any, have no employees other than those who form part of the management or administrative organ, the report referred to in paragraph 1 shall not be required.
Amendment 354 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 e – paragraph 4 b (new)
Article 86 e – paragraph 4 b (new)
4b. Paragraphs 1 to 6 are without prejudice to the applicable information and consultation rights and proceedings instituted at national level following the transposition of Directives 2002/14/EC or 2009/38/EC.
Amendment 356 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 f – title
Article 86 f – title
Amendment 359 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 f – paragraph 1
Article 86 f – paragraph 1
Amendment 362 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 f – paragraph 2
Article 86 f – paragraph 2
Amendment 366 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 f – paragraph 2 – point a
Article 86 f – paragraph 2 – point a
Amendment 368 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 f – paragraph 2 – point b
Article 86 f – paragraph 2 – point b
Amendment 371 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 f – paragraph 2 – point c
Article 86 f – paragraph 2 – point c
Amendment 374 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 f – paragraph 2 – point d
Article 86 f – paragraph 2 – point d
Amendment 389 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 f – paragraph 3
Article 86 f – paragraph 3
Amendment 397 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 f – paragraph 4
Article 86 f – paragraph 4
Amendment 401 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 f – paragraph 5
Article 86 f – paragraph 5
Amendment 405 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 f – paragraph 6
Article 86 f – paragraph 6
Amendment 411 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 g – title
Article 86 g – title
Article 86g Examination by an independent expertthe competent authority
Amendment 417 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 g – paragraph 1
Article 86 g – paragraph 1
Member States shall ensure that the company carrying out the cross-border conversion applies not less than two months before the date of the general meeting referred to in Article 86i to the competent authority designated in accordance with Article 86m(1), to appoint an expert to examine and assess for the assessment of the draft terms of the cross- border conversion and the reports referred to in Articles 86e and 86f, subject to the proviso set out in paragraph 6 of this Article.
Amendment 420 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 g – paragraph 1 – subparagraph 1
Article 86 g – paragraph 1 – subparagraph 1
The application forto the appointment of an expertcompetent authority shall be accompanied by the following:
Amendment 427 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 g – paragraph 2
Article 86 g – paragraph 2
2. The competent authority shall appoint an independent expert within five working days from the application referred to in paragraph 1 and the receipt of the draft terms and reportsis at liberty to request the assistance of an independent expert should it deem this necessary. The expert shall be independent from the company carrying out the cross- border conversion and may be a natural or a legal person depending upon the law of the departure Member State. Member States shall take into account, in assessing the independence of the expert, the framework established in Articles 22 and 22b of Directive 2006/43/EC.
Amendment 432 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 g – paragraph 3
Article 86 g – paragraph 3
3. The expertWhere there is reasonable doubt as to the real reason for a cross-border conversion, the competent authority shall draw up a written report providing at least:
Amendment 446 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 g – paragraph 4
Article 86 g – paragraph 4
4. Member States shall ensure that the independent expertcompetent authority shall be entitled to obtain, from the company carrying out the cross-border conversion, all relevant information and documents and to carry out all necessary investigations to verify all elements of the draft terms or management reports. The expertcompetent authority shall also be entitled to receive comments and opinions from the representatives of the employees of the company, or, where there are no such representatives, from the employees themselves and also from the creditors and members of the company.
Amendment 450 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 g – paragraph 5
Article 86 g – paragraph 5
5. Member States shall ensure that information submittgathered toby the independent expertcompetent authority can only be used for the purpose of drafting their report and that confidential information, including business secrets, shall not be disclosed. Where appropriate, the expertcompetent authority may submit a separate document containing any such confidential information to the competent authority, designated in accordance with Article 86m(1) and that separate document shall only be made available to the company carrying out the cross-border conversion and not be disclosed to any other party.
Amendment 471 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 j – paragraph 1 – point a
Article 86 j – paragraph 1 – point a
(a) the members holding shares with voting rights and who did not vote forvoted against the approval of the draft terms of the cross- border conversion;
Amendment 476 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 j – paragraph 3
Article 86 j – paragraph 3
Member States shall ensure that a company carrying out a cross-border conversion makes an offer of adequate compensation in the draft terms of the cross-border conversion as specified in the Article 86d(1)(i) to the members, referred to in paragraph 1 of this Article, who wish to exercise their right to dispose of their shareholdings. Member States shall also establish the period for the acceptance of the offer, which shall not in any event exceed one month after the general meeting referred to in Article 86iexpress their intention to avail themselves of their exit right before the general meeting. Member States shall further ensure that the company is able to accept an offer communicated electronically to an address provided by the company for that purpose.
Amendment 477 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 j – paragraph 5
Article 86 j – paragraph 5
5. Member States shall provide that any member who has accepted the offer of cash compensation referred to in paragraph 3, but who considers that the compensation has not been adequately set, is entitled to demand the recalculation of the cash compensation offered before a national court within one month15 days of the acceptance of the offer.
Amendment 479 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 k – paragraph 2
Article 86 k – paragraph 2
2. Member States shall ensure that creditors who are dissatisfied with the protection of their interests provided for in the draft terms of the cross-border conversion, as provided for in Article 86d(f), and who have lodged their objection before the cross-border conversion may apply to the appropriate administrative or judicial authority for adequate safeguards within one month of the disclosure referred to in Article 86h.
Amendment 641 #
2018/0114(COD)
Proposal for a directive
Article premier – paragraph 1 – point 13
Article premier – paragraph 1 – point 13
Directive (EU) 2017/1132
Article 126a – paragraph 3
Article 126a – paragraph 3
Member States shall ensure that each of the merging companies makes an offer of adequate cash compensation in the common draft terms of the cross-border merger, as specified in Article 122(1)(m), to those members referred to in paragraph 1 of this Article who wish to exercise their right to dispose of their shareholdings. Member States shall also establish the period for the acceptance of the offer, which shall not in any event exceed one month after the general meeting referred to in Article 126express their intention of invoking their exit right before the general meeting or, in cases where the approval of the general meeting is not required, within twoone months after the disclosure of the common draft terms of merger referred to in Article 123. Member States shall further ensure that the merging companies are able to accept an offer communicated electronically to an address provided by those companies for that purpose.
Amendment 33 #
2018/0106(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Accordingly, common minimum standards ensuring effective whistleblower protection should apply in those acts and policy areas where i) there is a need to strengthen enforcement; ii) under-reporting by whistleblowers is a key factor affecting enforcement, and iii) breaches of Union law cause serious harm to the public interest. In keeping with all these statements, whistleblower protection must ensure the reputation of companies is upheld, particularly if the subject of the report has not yet been proven.
Amendment 69 #
2018/0106(COD)
Proposal for a directive
Recital 41 a (new)
Recital 41 a (new)
(41 a) Generally speaking, and for all those activities and companies covered by this Directive, external and internal reporting channels should be coordinated effectively so as to cover as many situations as possible.
Amendment 73 #
2018/0106(COD)
Proposal for a directive
Recital 44 a (new)
Recital 44 a (new)
(44 a) The confidentiality of the reporting person and anyone involved must be ensured so that the reporting process runs as smoothly as possible without any impediment, and so that self- censorship is avoided. Indeed, the protection of personal data is laid down in Union law and in national law, and said data requires all the more protection in the event of reporting.
Amendment 76 #
2018/0106(COD)
Proposal for a directive
Recital 1
Recital 1
(1) Persons who work for an organisation or are in contact with it in the context of their work-related activities are often the first to know about threats or harm to the public interest which arise in this context. By ‘blowing the whistle’ they may play a key role in exposing and preventing breaches of the law and in safeguarding the welfare of society. However, potential whistleblowers are oftensometimes discouraged from reporting their concerns or suspicions for fear of retaliation.
Amendment 81 #
2018/0106(COD)
Proposal for a directive
Recital 3
Recital 3
(3) In certain policy areas, breaches of Union law may cause serious harm to the public interest, in the sense of creating significant risks for the welfare of society. Where weaknesses of enforcement have been identified in those areas, and whistleblowers are in a privileged position to disclose breaches, it is necessary to enhance enforcement by ensuring effective protection of whistleblowers from retaliation and introducingestablishing a system of gradually escalating disclosure which uses a series of effective reporting channels.
Amendment 93 #
2018/0106(COD)
Proposal for a directive
Recital 31
Recital 31
(31) Retaliation expresses the close (cause and effect) relationship that must exist between the report and the adverse treatment suffered, directly or indirectly, by the reporting person, so that this person can enjoy legal protection. Effective protection of reporting persons as a means of enhancing the enforcement of Union law requires a broad definition of retaliation, encompassing any act or omission occurring in the work-related context which causes them detriment. Reporting persons should generally respect the hierarchy of reporting channels. Such a requirement is necessary to ensure that information reaches those who can contribute to a quick and efficient resolution of risks to the public interest, as well as to prevent any unjustified harm to reputation, resulting from public disclosure.
Amendment 105 #
2018/0106(COD)
Proposal for a directive
Recital 14
Recital 14
(14) The protection of privacy and personal data is another area where whistleblowers are in a privileged positionmay help to disclose breaches of Union law which can seriously harm the public interest. Similar considerations apply for breaches of the Directive on the security of network and information systems45, which introduces notification of incidents (including those that do not compromise personal data) and security requirements for entities providing essential services across many sectors (e.g. energy, health, transport, banking, etc.) and providers of key digital services (e.g. cloud computing services). Whistleblowers' reporting in this area is particularly valuable to prevent security incidents that would affect key economic and social activities and widely used digital services. It helps ensuring the continuity of services which are essential for the functioning of the internal market and the wellbeing of society. _________________ 45 Directive (EU) 2016/1148 of the European Parliament and of the Council of 6 July 2016 concerning measures for a high common level of security of network and information systems across the Union.
Amendment 107 #
2018/0106(COD)
(15) Reporting by whistleblowers is necessary to enhance the detection and prevention of infringements of Union competition law. This would serve to protect the efficient functioning of markets in the Union, allow a level playing field for business and deliver benefits to consumers. The protection of whistleblowers wouldmight enhance Union competition law enforcement, including State aid. As regards competition rules applying to undertakings, the importance of insider reporting in detecting competition law infringements has already been recognised in the EU leniency policy as well as with the recent introduction of an anonymous whistleblower tool by the European Commission46. The introduction of whistleblower protection at Member State level would increase the ability of the European Commission as well as the competent authorities in the Member States to detect and bring to an end infringements of Union competition law. With respect to State aid, whistleblowers can play a significant role in reporting unlawfully granted aid and informing when aid is misused, both at national, regional and local levels. _________________ 46 Commission Notice on Immunity from fines and reduction of fines in cartel cases (OJ C 298/17, 8.12.2006); rhttp://europa.eu/rapid/press-release IP-17- 591_fr.htm
Amendment 115 #
2018/0106(COD)
Proposal for a directive
Recital 22
Recital 22
(22) Persons who report information about serious threats or harm to the public interest obtained in the context of their work- related activities make use of their right to freedom of expression. The right to freedom of expression, enshrined in Article 11 of the Charter of Fundamental Rights of the European Union (‘the Charter’) and in Article 10 of the European Convention on Human Rights (ECHR), encompasses media freedom and pluralism.
Amendment 135 #
2018/0106(COD)
Proposal for a directive
Recital 29
Recital 29
(29) Effective detection and prevention of serious harm to the public interest requires that the information reported which qualifies for protection covers not only unlawful activities but also abuse of law, namely acts or omissions which do not appear to be unlawful in formal ts, because any person abuses his rights who, among various ways of exercising his rights, deliberately opts for the one that is most damaging to otherms butand defeats the object or the purpose of the law.
Amendment 140 #
2018/0106(COD)
Proposal for a directive
Recital 30
Recital 30
(30) Effective prevention of breaches of Union law requires that protection is also granted to persons who provide information about potential breaches, which have not yet materialised, but areare very likely to be committed. For the same reasons, protection is warranted also for persons who do not provide positive evidence but raise reasonable concerns or suspicions. At the same time, protection should not apply to the reporting of information which is already in the public domain or of unsubstantiated rumours and hearsay.
Amendment 142 #
2018/0106(COD)
Proposal for a directive
Recital 31
Recital 31
(31) Retaliation expresses the close (cause and effect) relationship that must exist between the report and the adverse treatment suffered, directly or indirectly, by the reporting person, so that this person can enjoy legal protection. Effective protection of reporting persons as a means of enhancing the enforcement of Union law requires a broad definition of retaliation, encompassing any act or omission occurring in the work-related context which causes them detriment. Whistleblowers are generally required to use the appropriate channels under a system of gradually escalating disclosure. This requirement is necessary to ensure that the information reaches people who can help to quickly and effectively eliminate risks to the public interest, as well as to prevent unjustified damage to a reputation due to public disclosure.
Amendment 147 #
2018/0106(COD)
Proposal for a directive
Recital 32
Recital 32
(32) Protection from retaliation as a means of safeguarding freedom of expression and media freedom should be provided both to persons who report information about acts or omissions within an organisation (internal reporting) or to an outside authority (external reporting) and to persons who disclose such information to the public domain (for instance, directly to the public via web platforms or social media, or to the media, elected officials, civil society organisations, trade unions or professional/business organisations), abiding by the successive stages of escalating disclosure.
Amendment 149 #
2018/0106(COD)
Proposal for a directive
Recital 33
Recital 33
(33) Whistleblowers are, in particular, important sources for investigative journalists. Providing effective protection to whistleblowers from retaliation increases the legal certainty of (potential) whistleblowers and thereby encourages and facilitates whistleblowing also to the media when it is justified. In this respect, protection of whistleblowers as journalistic sources is crucial for safeguarding the ‘watchdog’ role of investigative journalism in democratic societies.
Amendment 160 #
2018/0106(COD)
Proposal for a directive
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
1. With a view to enhancing the enforcement of Union law and policies in specific areas, this Directive lays down common minimum standards for the protection of persons reporting on the following unlawful activities or abuse of law which cause threats or serious harm to the following public interest:
Amendment 167 #
2018/0106(COD)
Proposal for a directive
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
Directive 2018/0106
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3 a. The reporting procedure ought to be scaled in some way so as to ensure measures designed to protect whistleblowers are balanced.
Amendment 169 #
2018/0106(COD)
Proposal for a directive
Recital 46
Recital 46
(46) In the context of internal reporting, the quality and transparency of information provided on the follow up procedure to the report is crucial to build trust in the effectiveness of the overall system of whistleblower protection and reduces the likelihood of further unnecessary reports or public disclosures. The reporting person should be informed within a reasonable timeframe about the action envisaged or taken as follow up to the report (for instance, closure based on lack of sufficient evidence or other grounds, launch of an internal enquiry and possibly its findings and/or measures taken to address the issue raised, referral to a competent authority for further investigation) as far as such information would not prejudice the enquiry or investigation or affect the rights of the concerned person. Such reasonable timeframe should not exceed in total three months, but could be extended to six months where necessary due to the specific circumstances of the case, in particular the nature and complexity of the subject of the whistleblowing, which may require a lengthy investigation. Where the appropriate follow up is still being determined, the reporting person should be informed about this and about any further feedback he/she should expect.
Amendment 176 #
2018/0106(COD)
Proposal for a directive
Recital 54
Recital 54
(54) Persons intending to report should be able to make an informed decision on whether, how and when to report. Competent authorities should therefore publicly disclose and make easily accessible information about the available reporting channels, in circumstances where outside whistleblowing is possible, with competent authorities, about the applicable procedures and about the dedicated staff members within these authorities. All information regarding reports should be transparent, easily understandable and reliable in order to promote and not deter reporting.
Amendment 181 #
2018/0106(COD)
Proposal for a directive
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2 a. This Directive shall not infringe military secrecy, medical secrecy and lawyer-client privilege.
Amendment 183 #
2018/0106(COD)
Proposal for a directive
Recital 60
Recital 60
(60) To enjoy protection, the reporting persons should reasonably believe, in light of the circumstances and the information available to them at the time of the reporting, that the matters reported by them are true. This reasonable belief should be presumed unless and until proven otherwise. This is an essential safeguard against malicious and frivolous or abusive reports, ensuring that those who deliberately and knowingly report wrong or misleading information do not enjoy protection. At the same time, it ensures that protection is not lost where the reporting person made an inaccurate report in honest error. In a similar vein, reporting persons should be entitled to protection under this Directive if they have reasonable grounds to believe that the information reported falls within its scope.
Amendment 183 #
2018/0106(COD)
Proposal for a directive
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
1. This Directive shall apply to reporting persons workingacting in good faith in the private or public sector who acquired information on breaches in a work-related context including, at least, the following:
Amendment 186 #
2018/0106(COD)
Proposal for a directive
Recital 61
Recital 61
(61) The requirement of a tiered use of reporting channels, as a general rule, is necessary to ensure that the information gets to the persons who can contribute to the early and effective resolution of risks to the public interest as well as to prevent unjustified reputational damage from public disclosure. At the same time, some exceptions to its application are necessary, allowing the reporting person to choose the most appropriate channel depending on the individual circumstances of the casrules applicable. Moreover, it is necessary to protect public disclosures taking into account democratic principles such as transparency and accountability, and fundamental rights such as freedom of expression and media freedom, whilst balancing the legitimate interest of employers to manage their organiprotect the reputation of their organisation against malicious disclosures and unfounded accusations and to protect their interests with the interest of the public to be protected from harm, in line with the criteria developed in the case-law of the European Court of Human Rights57. _________________ 57 One of the criteria for determining whether retaliation against whistleblowers making public disclosures interferes with freedom of expression in a way which is not necessary in a democratic society, is whether the persons who made the disclosure had at their disposal alternative channels for making the disclosure;
Amendment 194 #
2018/0106(COD)
Proposal for a directive
Recital 64
Recital 64
(64) Persons making a public disclosure directly should also qualify for protection in cases where a breach remains unaddressed (for example, it was not properly assessed or investigated or no remedial action was taken) despite having been reported internally and/or externally following a tiered use of available channels; or in cases where reporting persons have valid reasons to believe that there is collusion between the perpetrator of the breach and the competent authority is reasonably suspected , that evidence may be concealed or destroyed, or that the effectiveness of investigative actions by competent authorities might be jeopardised; or in cases of imminent and manifest danger for the public interest, or where there is a risk of irreversible damage, including, inter alia, harm to physical integrity.
Amendment 204 #
2018/0106(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
(1) ‘breaches’ means actual or potential unlawful activitiesunlawful activities which are actual or very likely to occur, or abuse of law relating to the Union acts and areas falling within the scope referred to in Article 1 and in the Annex;
Amendment 205 #
2018/0106(COD)
Proposal for a directive
Recital 74
Recital 74
(74) Action taken against reporting persons outside the work-related context, through proceedings, for instance, related to defamation, breach of copyright, trade secrets, confidentiality and personal data protection, can also pose a serious deterrent to whistleblowing. Directive (EU) 2016/943 of the European Parliament and of the Council58 exempts reporting persons from the civil redress measures, procedures and remedies it provides for, in case the alleged acquisition, use or disclosure of the trade secret was carried out for revealing misconduct, wrongdoing or illegal activity, provided that the respondent acted for the purpose of protecting the general public interest. Also in other proceedings, reporting persons should be able to rely on having made a report or disclosure in accordance with this Directive as a defence. In such cases, the person initiating the proceedings should carry the burden to prove any intent on the part of the reporting person to violate the law. _________________ 58 Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure (OJ L 157, 15.6.2016, p. 1).
Amendment 207 #
2018/0106(COD)
Proposal for a directive
Recital 76
Recital 76
(76) The rights of the concerned person should be protected in order to avoid reputational damages or other negative consequences. Furthermore, the rights of defence and access to remedies of the concerned person should be fully respected at every stage of the procedure following the report, in accordance with Articles 47 and 48 of the Charter of Fundamental Rights of the European Union. Member States should ensure the right of defenceprotect the confidentiality of the identity of the person concerned personand ensure the right of defence, including the right to access to the file, the right to be heard and the right to seek effective remedy against a decision concerning the concerned person under the applicable procedures set out in national law in the context of investigations or subsequent judicial proceedings.
Amendment 208 #
2018/0106(COD)
Proposal for a directive
Recital 77
Recital 77
(77) Any person who suffers prejudice, whether directly or indirectly, as a consequence of the reporting or disclosure of inaccurate or misleading information should retain the protection and the remedies available to him or her under the rules of general law. Where such inaccurate or misleading report or disclosure was made deliberately and knowingly, whistleblowers should not enjoy protection and the concerned persons should be entitled to compensation in accordance with national law.
Amendment 213 #
2018/0106(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 5
Article 3 – paragraph 1 – point 5
(5) ‘report’ means the provision in good faith of information relating to a breach which has occurred or is likely to occur in the organisation at which the reporting person works or has worked or in another organisation with which he or she is or was in contact through his or her work;
Amendment 219 #
2018/0106(COD)
Proposal for a directive
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
1. With a view to enhancing the enforcement of Union law and policies in specific areas, this Directive lays down common minimum standards for the protection of persons reporting on the following unlawful activities or abuse of law which seriously threaten or damage the general interest as follows:
Amendment 219 #
2018/0106(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 9
Article 3 – paragraph 1 – point 9
(9) ‘reporting person’ means a natural or legal person who reports or discloses in good faith information on breaches acquired in the context of his or her work- related activities;
Amendment 222 #
2018/0106(COD)
Proposal for a directive
Article 15 – paragraph 5 a (new)
Article 15 – paragraph 5 a (new)
Directive 2018/0106
Article 15, paragraph 5 a (new)
Article 15, paragraph 5 a (new)
5 a. Where the legal proceedings instituted against the whistleblower are a clear consequence of their reporting and there is sufficient evidence that they have been initiated with abusive intent, the competent court shall sanction the applicant for abuse of procedure.
Amendment 223 #
2018/0106(COD)
Proposal for a directive
Article 15 – paragraph 5 b (new)
Article 15 – paragraph 5 b (new)
Directive 2018/0106
Article 15 paragraph 5 b (new)
Article 15 paragraph 5 b (new)
5 b. Similarly, the reputation of the company the reporting person is calling into question must be protected throughout the reporting procedure to ensure that any allegation that proves to be false does not have lasting consequences for the company concerned.
Amendment 244 #
2018/0106(COD)
Proposal for a directive
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
d) a reasonable timeframe, not exceeding three months following the report, to provide feedback to the reporting person about the follow-up to the report. This timeframe could if necessary be extended to six months due to the particular circumstances of the case, notably the nature and complexity of the reporting, which could require a lengthy investigation;
Amendment 247 #
2018/0106(COD)
Proposal for a directive
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. This Directive shall be without prejudice to the protection of the confidentiality of national defence, medical confidentiality and the secrecy of relations between lawyers and their clients.
Amendment 251 #
2018/0106(COD)
Proposal for a directive
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
1. This Directive shall apply to reporting persons workingacting in good faith in the private or public sector who acquired information on breaches in a work-related context including, at least, the following:
Amendment 269 #
2018/0106(COD)
Proposal for a directive
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
b) they are designed, set up and operated in a manner that ensures the completeness, integrity and confidentiality of the information, including the identity of both the reporting person and the concerned person and prevents access to non-authorised staff members of the competent authority;
Amendment 277 #
2018/0106(COD)
Proposal for a directive
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2a. However, this Directive should not affect the protection of legal and other professional privilege as provided for under national law.
Amendment 283 #
2018/0106(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
1. ‘breaches’ means actual or potential unlawful activities or those that are very likely to be committed or abuse of law relating to the Union acts and areas falling within the scope referred to in Article 1 and in the Annex;
Amendment 283 #
2018/0106(COD)
Proposal for a directive
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
c) the confidentiality regime applicable to reports, including a detailed description of the circumstances under which the confidential data of a reporting person and a concerned person may be disclosed.
Amendment 288 #
2018/0106(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
(1) ‘breaches’ means actual or potentiallikely unlawful activities or abuse of law relating to the Union acts and areas falling within the scope referred to in Article 1 and in the Annex;
Amendment 295 #
2018/0106(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
(3) ‘abuse of law’ means acts or omissions falling within the scope of Union law which do not appear to be unlawful in formal ta right’ is committed by any person who, among various ways of exercising his rights, deliberately opts for the one that is most damaging to otherms butand defeats the object or the purpose pursued byof the law applicable rules;.
Amendment 299 #
2018/0106(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 5
Article 3 – paragraph 1 – point 5
(5) ‘report’ means the provision in good faith of information relating to a breach which has occurred or is likely to occur in the organisation at which the reporting person works or has worked or in another organisation with which he or she is or was in contact through his or her work;
Amendment 299 #
2018/0106(COD)
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – introductory part
Article 11 – paragraph 3 – subparagraph 1 – introductory part
Where a recorded telephone line is used for reporting, subject to the consent of the reporting person, the competent authority shall have the right to document the oral reporting in one of the following ways:
Amendment 302 #
2018/0106(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 8
Article 3 – paragraph 1 – point 8
(8) ‘disclosure’ means making information on breaches acquired within the work-related context available to the public domain;Does not affect the English version.)
Amendment 302 #
2018/0106(COD)
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Where an unrecorded telephone line is used for reporting, the competent authority shall have the right to document the oral reporting in the form of accurate minutes of the conversation prepared by the dedicated staff members. The competent authority shall offer the possibility to the reporting person to check, rectify and agree with the minutes of the call by signing them.
Amendment 303 #
2018/0106(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 9
Article 3 – paragraph 1 – point 9
9. ‘reporting person’ means a natural or legal person who reports or discloses information in good faith on breaches acquired in the context of his or her work- related activities;
Amendment 308 #
2018/0106(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. A reporting person shall qualify for protection under this Directive provided he or she has reasonable grounds to believe that the information reported was true at the time of reporting, he or she has acted in good faith and that this information falls within the scope of this Directive.
Amendment 317 #
2018/0106(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 13
Article 3 – paragraph 1 – point 13
13. ‘follow-up’ means any action taken by the recipient of the report, made internally or externally, to assess the accuracy of the allegations made in the report and their good faith and, where relevant, to address the breach reported, including actions such as internal enquiry, investigation, prosecution, action for recovery of funds and closure;
Amendment 328 #
2018/0106(COD)
Proposal for a directive
Article 13 – paragraph 4 – point a
Article 13 – paragraph 4 – point a
a) he or she first reported internally and/or externally in accordance with Chapters II and III and paragraph 2 of this Article, but no appropriate action was taken in response to the report within the timeframe referred to in Articles 6(2)(b) and 9(1)(b), and when there is a clear harm to the public interest; or
Amendment 335 #
2018/0106(COD)
Proposal for a directive
Article 13 – paragraph 4 – point b a (new)
Article 13 – paragraph 4 – point b a (new)
b a) Any failure to follow the adequate reporting procedures constitutes grounds for the invalidation of the reporting and for the denial of the qualification for protection
Amendment 357 #
2018/0106(COD)
Proposal for a directive
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
d) a reasonable timeframe, not exceeding three months following the report, but could be extended to six months, where necessary due to the specific circumstances of the case, in particular the nature and complexity of the subject of the report, which may require a lengthy investigation, to provide feedback to the reporting person about the follow-up to the report;
Amendment 358 #
2018/0106(COD)
Proposal for a directive
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
d) a reasonable timeframe, not exceeding three months or six months in duly justified cases following the report, to provide feedback to the reporting person about the follow-up to the report;
Amendment 363 #
2018/0106(COD)
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1 – introductory part
Article 5 – paragraph 2 – subparagraph 1 – introductory part
The channels provided for in point (a) of paragraph 1 shall allow for reporting in all of the following ways:
Amendment 366 #
2018/0106(COD)
Proposal for a directive
Article 16 – paragraph 3 a (new)
Article 16 – paragraph 3 a (new)
3 a. The protection of the personal data of the concerned person is essential to avoid any unfair treatment or reputational harm following the public disclosure of personal data, in particular those revealing the identity of a concerned person. Consequently, the competent authorities should, in accordance with the requirements of Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, establish adequate procedures of data protection, in order to protect the reporting person, the concerned person as well as any other person targeted in the reporting. The authorities shall ensure a secured system among the competent authorities to allow the access to authorised persons only.
Amendment 367 #
2018/0106(COD)
Proposal for a directive
Article 16 – paragraph 3 b (new)
Article 16 – paragraph 3 b (new)
3 b. Any person affected by the reporting or the misleading or malicious disclosure should benefit from a legal protection, including the right to an effective remedy against an abusive reporting.
Amendment 372 #
2018/0106(COD)
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1 a (new)
Article 6 – paragraph 1 – subparagraph 1 a (new)
Member States shall create an information centre that the reporting person can contact in order to see whether their report comes under the Directive's scope and whether it concerns a serious threat or serious harm to the public interest, and so his or her suspicions may be assessed.
Amendment 373 #
2018/0106(COD)
Proposal for a directive
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. The Member States are creating a new information centre, which the informant can contact in order to get help in evaluating his/her suspicion.
Amendment 374 #
2018/0106(COD)
Proposal for a directive
Article 17 – paragraph 1 – point d
Article 17 – paragraph 1 – point d
d) breach the duty of maintaining the confidentiality of the identity of reporting persons and concerned persons.
Amendment 388 #
2018/0106(COD)
Proposal for a directive
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
b) they are designed, set up and operated in a manner that ensures the completeness, integrity and confidentiality of the information, including the identity of the reporting person and the concerned individual, and prevents access to non- authorised staff members of the competent authority;
Amendment 394 #
2018/0106(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall ensure that competent authorities have staff members dedicated to handling reports. Dedicated staff members shall receive specific training for the purposes of handling reports. They shall analyse and interpret whether the report has serious implications for the public interest without prejudice to existing procedures in accordance with the Union acts listed in the annex (parts I and II).
Amendment 398 #
2018/0106(COD)
Proposal for a directive
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
b) receiving and following-up reports, verifying whether the report comes under the scope of this Directive;
Amendment 403 #
2018/0106(COD)
Proposal for a directive
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
c) the confidentiality regime applicable to reports, including a detailed description of the circumstances under which the confidential data of a reporting person and a concerned person may be disclosed.
Amendment 411 #
2018/0106(COD)
Proposal for a directive
Article 10 – paragraph 1 – point g
Article 10 – paragraph 1 – point g
g) a statement clearly explaining, without prejudice to Article 1(3), that persons making information available to the competent authority in accordance with this Directive are not considered to be infringing any restriction on disclosure of information imposed by contract or by any legislative, regulatory or administrative provision, and are not to be involved in liability of any kind related to such disclosure.
Amendment 418 #
2018/0106(COD)
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – introductory part
Article 11 – paragraph 3 – subparagraph 1 – introductory part
Where a recorded telephone line is used for reporting, subject to the consent of the reporting person, the competent authority shall have the right tomust document the oral reporting in one of the following ways:
Amendment 421 #
2018/0106(COD)
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Where an unrecorded telephone line is used for reporting, the competent authority shall have the right tomust document the oral reporting in the form of accurate minutes of the conversation prepared by the dedicated staff members. The competent authority shall offer the possibility to the reporting person to check, rectify and agree with the minutes of the call by signing them.
Amendment 430 #
2018/0106(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. A reporting person shall qualify for protection under this Directive provided he or she has reasonable grounds to believe that the information reported was true at the time of reporting, that he or she acted in good faith and that this information falls within the scope of this Directive.
Amendment 438 #
2018/0106(COD)
Proposal for a directive
Article 13 – paragraph 2 – point b
Article 13 – paragraph 2 – point b
b) internal reporting channels were not available for the reporting person or the reporting person could not reasonably be expected to be aware of the availability of such channeldoes not have clear, accessible information on internal procedures;
Amendment 442 #
2018/0106(COD)
Proposal for a directive
Article 13 – paragraph 2 – point d
Article 13 – paragraph 2 – point d
d) he or she could not reasonably be expected to use internal reporting channels in light of the subject-matter ofwhere the reporting persons have valid reasons to believe they would be the victims of retaliation due to the report;
Amendment 454 #
2018/0106(COD)
Proposal for a directive
Article 13 – paragraph 4 – point a
Article 13 – paragraph 4 – point a
a) he or she first reported internally and/or externally in accordance with Chapters II and III and paragraph 2 of this Article, but no appropriate action was taken in response to the report within the timeframe referred to in Articles 6(2)(b) and 9(1)(b); and where the public interest is clearly threatened; or
Amendment 458 #
2018/0106(COD)
Proposal for a directive
Article 13 – paragraph 4 – point b
Article 13 – paragraph 4 – point b
b) he or she could not reasonably be expected to use internal and/or external reporting channels due to imminent or manifest danger for the public interest, or to the particular circumstances of the case, or where there is a risk of irreversible damage.
Amendment 459 #
2018/0106(COD)
Proposal for a directive
Article 13 – paragraph 4 – point b
Article 13 – paragraph 4 – point b
b) he or she could not reasonably be expected to use internal and/or external reporting channels due to imminent orand manifest danger for the public interest, or to the particular circumstances of the case, or where there is a risk of irreversible damage.
Amendment 460 #
2018/0106(COD)
Proposal for a directive
Article 13 – paragraph 4 – point b – point i (new)
Article 13 – paragraph 4 – point b – point i (new)
i) in cases where reporting persons have valid reasons to believe that there is collusion between the perpetrator of the breach and the competent authority is reasonably suspected, or that evidence may be concealed or destroyed;
Amendment 461 #
2018/0106(COD)
Proposal for a directive
Article 13 – paragraph 4 – point b – point ii (new)
Article 13 – paragraph 4 – point b – point ii (new)
ii) he or she acted in good faith and had reasonable grounds to believe the information reported was true at the time or reporting even if the judicial authorities subsequently decided the report did not concern a threat or serious harm to the public interest.
Amendment 462 #
2018/0106(COD)
Proposal for a directive
Article 13 – paragraph 4 – point b a (new)
Article 13 – paragraph 4 – point b a (new)
(ba) Failure to comply with appropriate reporting procedures would be grounds to invalidate a report and to refuse to give protection.
Amendment 467 #
2018/0106(COD)
Proposal for a directive
Article 14 – paragraph 1 – point m
Article 14 – paragraph 1 – point m
m) early termination or cancellation of contract for goods or services not covered by the provisions of the contract;
Amendment 483 #
2018/0106(COD)
Proposal for a directive
Article 15 – paragraph 4
Article 15 – paragraph 4
4. Persons reporting externally to competent authorities or making a public disclosure in accordance with this Directive shall not be considered to have breached any restriction on disclosure of information imposed by contract or by any legislative, regulatory or administrative provision, and incur liability of any kind in respect of such disclosure without prejudice to Article 1(3).
Amendment 489 #
2018/0106(COD)
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Where the identity of the concerned persons is not known to the public, cCompetent authorities shall ensure that their identity is protected for as long as the investigation is ongoing.
Amendment 490 #
2018/0106(COD)
Proposal for a directive
Article 16 – paragraph 3 a (new)
Article 16 – paragraph 3 a (new)
3a. Protecting the personal data of the concerned person is crucial in order to avoid unfair treatment or reputational damages due to disclosure of personal data, in particular data revealing the identity of a person concerned. Consequently and in accordance with the provisions of Regulation (EU) 2016/679 on the protection of natural persons with regards to the processing of personal data and the free movement of this data, the competent authorities should set out appropriate data protection procedures that aim to protect the reporting person, the concerned person and any other person covered by the report. The authorities should also ensure the competent authorities have a secure system in place so that access is restricted to authorised personnel only.
Amendment 491 #
2018/0106(COD)
Proposal for a directive
Article 16 – paragraph 3 a (new)
Article 16 – paragraph 3 a (new)
3a. The protection of personal data of the concerned person is crucial in order to avoid unfair treatment or reputational damages due to the disclosure of personal data, in particular data revealing the identity of a person concerned. Hence, in line with the requirements of Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR), competent authorities should establish adequate data protection procedures specifically geared to the protection of the reporting person, the concerned person and any third person referred to in the report that should include a secure system within the competent authority with restricted access rights for authorised staff only.
Amendment 493 #
2018/0106(COD)
Proposal for a directive
Article 16 – paragraph 3 b (new)
Article 16 – paragraph 3 b (new)
3b. Any person prejudiced by misleading or malicious reporting/disclosures should be given legal protection, including the right to an effective remedy against abusive reporting.
Amendment 498 #
2018/0106(COD)
Proposal for a directive
Article 17 – paragraph 1 – point d
Article 17 – paragraph 1 – point d
d) breach the duty of maintaining the confidentiality of the identity of reporting persons and persons who are the subject of the report.
Amendment 501 #
2018/0106(COD)
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Member States shall provide for effective, proportionate and dissuasive penalties applicable to the reporting and other persons making malicious or abusive reports or disclosures, including measures for compensating persons who have suffered damage from malicious or abusive reports or disclosures.
Amendment 84 #
2018/0064(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) A European Labour Authority (the ‘Authority’) should be established in order to help strengthen fairness and trust in the Single Market. To that effect, the Authority should support the Member States and the Commission in strengthening access to information for individuals and employers about their rights and obligations in cross- border labour mobility situations as well as access to relevant services, without prejudice to the EURES-T cross-border partnerships’ tasks of providing information, advice and support on all cross-border labour market issues, support compliance and cooperation between the Member States to ensure the effective application of the Union law in these areas, and mediate and facilitate a solution in case of cross-border disputes or labour market disruptions.
Amendment 131 #
2018/0064(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The establishment of the Authority should not create new rights and obligations for individuals or employers, particularly SMEs, including economic operators or non-profit organisations, as the activities of the Authority should cover them to the extent to which they are covered by the Union law within the scope of this Regulation.
Amendment 141 #
2018/0064(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) To ensure they can benefit from a fair and effective internal market, the Authority should promote opportunities for individuals and employers to be mobile or provide services and recruit anywhere within the Union. This includes supporting the cross-border mobility of individuals by facilitating access to cross-border mobility services, such as the cross-EURES-T cross- border partnerships that enable the cross- border matching of jobs, traineeships and apprenticeships and by promoting mobility schemes such as 'Your first EURES job' or 'ErasmusPRO’. The Authority should also contribute to improving transparency of information, including on rights and obligations stemming from Union law, and access to services to individuals and employers, in cooperation with other Union information services, such as Your Europe Advice, and taking full advantage and ensuring consistency with the Your Europe portal, which will form the backbone of the future single digital gateway53. __________________ 53 Regulation [Single Digital Gateway – COM(2017)256]
Amendment 143 #
2018/0064(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) The Authority shall take over responsibility for the EURES portal’s technical and operational tasks. This transfer of activity must neither cause the EURES budgets to be reduced nor shall it disrupt the portal’s operations. By maintaining an ambitious budget independent of any national or regional contributions for EURES – i.e. administered directly by the European Commission – the Authority shall ensure the proper functioning of the portal and the highest quality in the information services EURES provides to individuals and employers.
Amendment 149 #
2018/0064(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) For these purposes, the Authority should cooperate with other relevant Union initiatives and networks, in particular the European Network of Public Employment Services (PES)54, the European Enterprise Network55, the Border Focal Point56 and SOLVIT57, as well as with relevant national services such as the bodies to promote equal treatment and to support Union workers and members of their family, designated by Member States under Directive 2014/54/EU, and national contact points designated under Directive 2011/24/EU of the European Parliament and of the Council58 to provide information on healthcare. The Authority should also explore synergies with the proposed European services e-card59, notably with regard to those cases in which Member States opt for the submission of declarations regarding posted workers through the e-card platform without, however, replacing the mediation role played by the Administrative Commission for Social Security Regulations. The Authority shouldmay replace the Commission in managing the European network of employment services (‘EURES’) European Coordination Office established pursuant to Regulation (EU) No 2016/589, including the definition of user needs and business requirements for the effectiveness of the EURES portal and related IT services, but excluding the IT provision, andprovided that this neither undermines the benefits and services provided by EURES and the EURES-T cross-border partnerships nor serves as a pretext for a reduction in the budget for EURES and the EURES-T cross-border partnerships. The provision of IT services, the operation and the development of the IT infrastructure, which willill, meanwhile, continue to be ensured by the Commission. __________________ 54 Decision No 573/2014/EU of the European Parliament and of the Council of 15 May 2014 on enhanced cooperation between Public Employment Services (PES) (OJ L 159, 28.5.2014, p. 32). 55 European Enterprise Network, https://een.ec.europa.eu/ 56 Communication from the Commission to the Council and the European Parliament, Boosting growth and cohesion in EU border regions, COM(2017) 534. 57 Commission Recommendation of 17 September 2013 on the principles governing SOLVIT (OJ L 249, 19.9.2011, p. 10). 58 Directive 2011/24/EU of the European Parliament and of the Council of 9 March 2011 on the application of patients’ rights in cross-border healthcare (OJ L 88, 4.4.2011, p. 45). 59 COM(2016) 824 final and COM(2016) 823 final.
Amendment 162 #
2018/0064(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) In view of the fair, simple and effective application of Union law, the Authority should support cooperation and timely exchange of information between Member States. Together with other staff, National Liaison Officers working within the Authority should support Member States’ compliance with cooperation obligations, speed up exchanges between them through procedures dedicated to reducing delays, and ensure links with other national liaison offices, bodies, and contact points established under Union law. The Authority should encourage the use of innovative approaches to effective and efficient cross-border cooperation, including electronic data exchange tools such as the Electronic Exchange of Social Security Information (EESSI) system and the Internal Market Information (IMI) system, once it is fully functioning and operational, and should contribute to further digitalising procedures and improving IT tools used for message exchange between national authorities.
Amendment 193 #
2018/0064(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The Authority should provide a platform for resolving disputes between Member States in relation to the application of Union law that falls within its scope, without impinging on the powers of the Court of Justice of the European Union. It should build on dialogue and conciliation mechanisms that are currently in place in the area of social security coordination, which are valued by Member States60 and their importance is recognised by the Court of Justice61. Member States should be able to refer cases to the Authority for mediation according to standard procedures put in place for this purpose. The Authority should only deal with disputes between Member States, while individuals and employers facing difficulties with exercising their Union rights should continue to have at their disposal the national and Union services dedicated to dealing with such cases, such as the SOLVIT network to which the Authority should refer such cases. The SOLVIT network should also be able to refer to the Authority for its consideration cases in which the problem cannot be solved due to differences between national administrations. __________________ 60 Council, Partial general approach of 26 October 2017 on the proposal for a Regulation amending Regulation (EC) No 883/2004 on the coordination of social security systems and regulation (EC) No 987/2009 laying down the procedure for implementing Regulation (EC) No 883/2004 13645/1/17. 61 Case C-236/88 EU:C:1990:303, paragraph 17; Case C-202/97 EU:C:2000:75, paragraphs 57-58; Case C- 178/97 EU:C:2000:169, paragraphs 44-45; Case C-2/05 EU:C:2006:69, paragraphs 28-29; Case C-12/14 EU:C:2016:135, paragraphs 39-41; Case C-359/16 EU:C:2018:63, paragraphs 44-45.
Amendment 203 #
2018/0064(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) The Member States and the Commission and the European Parliament should be represented on a Management Board, in order to ensure the effective functioning of the Authority. The composition of the Management Board, including the selection of its Chair and Deputy-Chair, should respect the principles of gender balance, experience and qualification. In view of the effective and efficient functioning of the Authority, the Management Board, in particular, should adopt an annual work programme, carry out its functions relating to the Authority’s budget, adopt the financial rules applicable to the Authority, appoint an Executive Director, and establish procedures for taking decisions relating to the operational tasks of the Authority by the Executive Director. Representatives from countries other than Union Member States, which are applying the Union rules within the scope of the Authority, may participate in the meetings of the Management Board as observers.
Amendment 240 #
2018/0064(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) The Authority should complement the activities of the Administrative Commission for the Coordination of Social Security Systems created by Regulation (EC) No 883/2004 (‘the Administrative Commission’) in so far as it exercises regulatory tasks related to the application of Regulations (EC) No 883/2004 and (EC) No 987/2009 without, however, replacing the Administrative Commission’s mediation duties. The Authority should however take over operational tasks currently carried out under the framework of the Administrative Commission, such as providing a mediation function between Member States, ensuring a forum for handling financial matters related to the application of Regulations (EC) No 883/2004 and (EC) No 987/2009, replacing the function of the Audit Board set up by those Regulations, as well as matters related to electronic data exchange and IT tools to facilitate the application of those Regulations, replacing the function of the Technical Commission for Data Processing set up by those Regulations.
Amendment 341 #
2018/0064(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) facilitate access to information by individuals and employers on rights and obligations in cross-border situations as well as access to cross-border labour mobility services, in accordance with Articles 6 and 7and without prejudice to the EURES-T cross-border partnerships’ information, advice and support duties on all cross-border labour market issues;
Amendment 368 #
2018/0064(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point f
Article 5 – paragraph 1 – point f
Regulation 2018/0064
Article 5 – paragraph 1 – point f
Article 5 – paragraph 1 – point f
(f) mediate in disputes between Member States' authorities on the application of relevant Union law, in accordance with Article 13, without impinging on the powers of the Court of Justice of the European Union;
Amendment 379 #
2018/0064(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point g
Article 5 – paragraph 1 – point g
(g) facilitate cooperation between relevant stakeholders in the event of cross- border labour market disruptions, in accordance with Article 14, in close collaboration with the EURES-T cross- border partnerships.
Amendment 399 #
2018/0064(COD)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
The Authority shall improve the availability, quality and accessibility of information offered to individuals and employers to facilitate labour mobility across the Union, in accordance with Regulation (EU) 589/2016 on EURES, particularly Article 27 thereof, on support services in cross-border regions, and Regulation [Single Digital Gateway – COM(2017)256]. To that end, the Authority shall, without prejudice to the EURES-T cross-border partnerships’ information, advice and support duties on all cross-border labour market issues:
Amendment 409 #
2018/0064(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) promote opportunities to support the labour mobility of individuals, particularly support that may be provided by EURES-T cross-border partnerships, including through guidance on access to learning and language training;
Amendment 445 #
2018/0064(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
1. The Authority shall provide services to individuals and employers to facilitate labour mobility across the Union. To that end, the Authority shall, without prejudice to the EURES-T cross-border partnerships’ information, advice and support duties on all cross-border labour market issues:
Amendment 449 #
2018/0064(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) promote the development of initiatives supporting the cross-border mobility of individuals, including the development of targeted mobility schemes or, in border regions, EURES-T cross- border partnerships;
Amendment 450 #
2018/0064(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) enable the cross-border matching of job, traineeship, and apprenticeship vacancies with CVs and applications for the benefit of individuals and employers, particularly via EURES and in close collaboration, in border regions, with the EURES-T cross-border partnerships which advise and inform workers and employers on cross-border mobility opportunities;
Amendment 457 #
2018/0064(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
Regulation 2018/0064
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
(d) facilitate cooperation between competent services at the national level designated in accordance with Directive 2014/54/EU to provide information, guidance and assistance to individuals and employers on cross-border mobility, and the national contact points designated in accordance with Directive 2011/24/EU to provide information on healthcare, without impinging on the mediation role and powers of the Administrative Commission for Social Security Regulations.
Amendment 520 #
2018/0064(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The Authority shall promote the use of electronic tools and procedures for message exchange between national authorities, including the Internal Market Information (IMI) system, once it is fully functioning and operational, and the Electronic Exchange of Social Security Information (EESSI) system.
Amendment 525 #
2018/0064(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
Regulation 2018/0064
Article 8 – paragraph 4
Article 8 – paragraph 4
4. The Authority shall encourage the use of innovative approaches to effective and efficient cross-border cooperation, – the establishment of the Platform Tackling Undeclared Work being a good example of such cooperation – and explore the potential use of electronic exchange mechanisms between the Member States to facilitate the detection of fraud, providing reports to the Commission with a view to their further development.
Amendment 564 #
2018/0064(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Where the authority of a Member State decides not to participate in or carry out the concerted or joint inspection referred to paragraph 1, it shall inform the Authority in writing of the reasons for its decision duly in advancwithin a reasonable deadline. In such cases, the Authority shall inform the other national authorities concerned.
Amendment 663 #
2018/0064(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Authority shall assess risks and carry out analyses regarding cross-border labour flows, such as labour market imbalances, sector-specific threats and recurring problems encountered by individuals and employers in relation to cross-border mobility. For that purpose, the Authority shall ensure complementarity with, and draw on the expertise of, other Union agencies or services, including in the areas of skills forecasting and health and safety at work. Upon a request by the European Commission or the competent committee of the European Parliament, the Authority may carry out focused in- depth analyses and studies to investigate specific labour mobility issues.
Amendment 711 #
2018/0064(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
Regulation 2018/0064
Article 13 paragraph 1
Article 13 paragraph 1
1. In the event of disputes between Member States regarding the application or interpretation of Union law in areas covered by this Regulation, the Authority may perform a mediation role, without impinging on the powers of the Court of Justice of the European Union.
Amendment 738 #
2018/0064(COD)
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
Regulation 2018/0064
Article 13 paragraph 4
Article 13 paragraph 4
4. Cases in which there are ongoing court proceedings or preliminary investigations at national or Union level shall not be admissible for mediation by the Authority.
Amendment 793 #
2018/0064(COD)
Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 1
Article 17 – paragraph 2 – subparagraph 1
The Authority may set up working groups or expert panels with representatives from Member States and/or from the European Commission and the European Parliament, or external experts following selection procedures, for the fulfilment of its specific tasks or for specific policy areas, including a Mediation Board in order to fulfil its tasks in accordance with Article 13 of this Regulation, and a dedicated group for the purpose of handling financial matters related to the application of Regulations (EC) No 883/2004 and (EC) No 987/2009, as referred to in Article 8(2) of this Regulation.
Amendment 806 #
2018/0064(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The Management Board shall be composed of one senior representative from each Member State and two representatives of the European Commission, all of whom have voting rights, as well as independent experts appointed by the European Parliament to represent it.
Amendment 815 #
2018/0064(COD)
Proposal for a regulation
Article 18 – paragraph 3 – subparagraph 2
Article 18 – paragraph 3 – subparagraph 2
The European Commission and the competent committee of the European Parliament shall appoint the members who are to represent ithem.
Amendment 828 #
2018/0064(COD)
Proposal for a regulation
Article 18 – paragraph 5
Article 18 – paragraph 5
5. RThe other decentralised Union agencies or representatives from third countries, which are applying the Union law in areas covered by this Regulation, may participate in the meetings of the Management Board as observers.
Amendment 859 #
2018/0064(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. The Executive Director shall manage the Authority’s day-to-day operations. The Executive Director shall be accountable to the Management Board.
Amendment 864 #
2018/0064(COD)
Proposal for a regulation
Article 23 – paragraph 4 – point j a (new)
Article 23 – paragraph 4 – point j a (new)
(ja) to ensure compliance with the European Employment Services’ (EURES) budget;
Amendment 895 #
2018/0064(COD)
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. The Stakeholder Group shall be composed of six representatives of Union- level social partners equally representing trade unions and employer’s organisations (including a representative of SMEs), and two representatives of the European Commission and an independent expert appointed by the European Parliament to represent it.
Amendment 925 #
2018/0064(COD)
Proposal for a regulation
Article 36 – paragraph 2
Article 36 – paragraph 2
2. The translation services required for the functioning of the Authoritgency shall be provided by the Translation Centre of the Bbodies of the European Union or, where necessary, by other services.
Amendment 972 #
2018/0064(COD)
Proposal for a regulation
Article 49 – paragraph 1 – point 1 – point a
Article 49 – paragraph 1 – point 1 – point a
Regulation (EU) 2016/589
Article 1 – point a
Article 1 – point a
(a) the organisation of the EURES network between the Commission, the European Labour Authority and, the Member States and the EURES-T cross-border partnerships;
Amendment 12 #
2017/2279(INI)
Draft opinion
Recital B
Recital B
B. whereas the employment rate in the EU has been growing for four consecutive years and now surpasses the 2008 figure, but still remains below the pre-crisis level in half of the Member States; whereas regional disparities have started to narrow but remain high in some Member States;
Amendment 21 #
2017/2279(INI)
Draft opinion
Recital C
Recital C
C. whereas while the risk of poverty or social exclusion in the EU has fallen back to its pre-crisis level, it remains very high including in more developed regions and far from reaching the Europe 2020 poverty and social exclusion target;
Amendment 27 #
2017/2279(INI)
Draft opinion
Recital C a (new)
Recital C a (new)
C a. Whereas infra-regional disparities are growing, including in more prosperous regions which contain pockets of poverty; whereas most prosperous regions allow driving effects in favor of growth;
Amendment 34 #
2017/2279(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Is of the opinion that Cohesion Policy, as the main investment policy of the Union, should be maintained at at least a similar budgetary level in the future multiannual financial framework; considers that the European Social Fund (ESF) should be retained as the main EU instrument for the integration and reintegration of workers into the labour market as well as for supporting measures for social inclusion, combating poverty and inequalities; defends the consideration of social criteria for the allocation of funds, in particular the unemployment rate and the youth unemployment rate, in addition to GDP per capita;
Amendment 54 #
2017/2279(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Recalls that the principle of proportionality must prevail in the management and control of cohesion programs; calls on the Commission and the Member States to explore the possibilities of an online system of application more conducive to administrative simplification for project managers;
Amendment 79 #
2017/2279(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Underlines that social and fiscal convergence contribute to the cohesion objective and that divergent practices in this area are liable to cause further problems for territories most vulnerable to globalisation;
Amendment 25 #
2017/2259(INI)
Draft opinion
Recital B
Recital B
B. whereas the overall lack of investment in young people’s rights will contribute to the aggravation of phenomena such as declining populations, the feeling of social exclusion, the lack of professional qualifications or the dismantling of social security systems;
Amendment 80 #
2017/2259(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Argues that individuals’ transition into the labour market is facilitated by a comprehensive education system that ensures they acquire cross-cutting skills that promote critical thinking, universality and multicultural dialogue, fostering employability not through early specialisation, but rather by enabling the attainment of a wide variety of qualifications and language skills;
Amendment 86 #
2017/2259(INI)
7. Believes that the EU should express solidarity with young people and continue to empower them to participate in society, primarily by mainstreaming volunteering and developing new tools; Calls on member states to facilitate the active involvement of youths in voluntary organisations;
Amendment 97 #
2017/2259(INI)
Motion for a resolution
Paragraph 8 – subparagraph 1 (new)
Paragraph 8 – subparagraph 1 (new)
Calls on member states to encourage youth to fully participate in electoral processes;
Amendment 130 #
2017/2259(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Recalls that measures that foster the integration of NEETs into the labour market, including quality paid internships, traineeships or apprenticeships, must be financially supported by the YEI, but should not be used as a way to substitute employment or to exploit youth in anyway;
Amendment 183 #
2017/2259(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Strongly believes that the funds available to support various youth-related initiatives and policies such as the Erasmus+ programme, the YEI and the Europe for Citizens programme should be significantly increased in the next MFF to give more opportunities to youths and avoid exclusion;
Amendment 23 #
2017/2224(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that despite strong demand in the labour market for high-level skills, and the response of the education system in the form of the massive development of HEI (Higher Education Institutes), approximately 20 % of Europeans, including university graduates, lack basicvital skills such as reading, writing orand numeracy1; recalls, moreover, that a similar number of Europeans have a low level of basic skills and that 44 % lack basic digital skills2, which creates serious barriers to their participation in the technologically advanced labour market and everyday life; __________________ 1 http://ec.europa.eu/education/policy/school /math_en
Amendment 58 #
2017/2224(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Commission and the Member States to continue their efforts to enable the recognition and validation of non-formal and informal learning as a full driver of skills development – gained from free online courses such as MOOCs – which often broaden access to education for underprivileged groups and therefore increase their opportunities for a better job and life;
Amendment 69 #
2017/2224(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Member States to internationalise education systems and expand student mobility programmes to better prepare students for the EU labour market, in which a lack of skills in foreign languages and cultures is the first barrier to mobility; with that in mind, calls on the Member States to include new academic priorities in this area in particular, in both the academic and vocational pathways;
Amendment 10 #
2017/2007(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses that to anticipate problems relating to accidentcivil liability or intellectual property infringement that 3D printing might cause in the future, the EU willmight have to adopt new legislation orand tailor existing laws to the specific case of 3D technology, taking into account the decisions of the European Union Intellectual Property Office (EUIPO) and the relevant case law of the EU and Member State courts and after having carried out a thorough impact assessment evaluating all policy options; stresses that, in any case, the legislative response should avoid duplicating existing rules and should take into account projects that are already under way, in particular the legislation on copyright currently applicable to 2D printing; adds that innovation needs to be promoted and accompanied by law, without the law acting as a brake or a constraint;
Amendment 106 #
2017/2007(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses that to anticipate problems relating to accident liability or intellectual property infringement, the EU will have to adopt new legislation orand tailor existing laws to the specific case of 3D technology; stresses that, in any case, the legislative response should avoid duplicating rules and should take into account projects that are already under way; adds that innovation needs to be accompanied by law, without the law acting as a brake or a constraint;
Amendment 112 #
2017/2007(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that it goes without saying that care should be taken in the 3D- printing sector, particularly with regard to the quality of the printed product and any dangers that the product may pose to users or consumers, and it would be appropriate to consider including identification and traceability means to make it possible to distinguish between objects produced in the traditional way and objects produced using 3D printing, as well as to facilitate observation of their further use for commercial and non-commercial purposes. Close cooperation between right holders and 3D manufacturers in developing such means would be beneficial;
Amendment 86 #
2017/0355(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Since the adoption of Council Directive 91/533/EEC33, labour markets have undergone far-reaching changes due to demographic developments and digitalisation leading to the creation of new forms of employment, which have supported innovation, job creation and labour market growth. New forms of employment are often not as regular or stable ascan vary greatly in their predictability from traditional employment relationships and can sometimes lead to reduced predictability for the workers concerned, creating uncertainty as toover applicable rights and social protection. In this evolving world of work, there is therefore an increased need for workers to be fully informed about their essential working conditions, which should occur in a written form and in a timely manntimely manner and in a written form and in a form easily accessible to workers. In order adequately to frame the development of new forms of employment, workers in the Union should also be provided with a number of new minimum rights aimed at promoting security and predictability in employment relationships while achieving upward convergence across Member States and preserving labour market adaptability. __________________ 33 Council Directive 91/533/EC of 14 October 1991 on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship (OJ L 288, 18.10.1991, p. 32).
Amendment 103 #
2017/0355(COD)
Proposal for a directive
Recital 6
Recital 6
(6) The Commission has undertaken a two-phase consultation with the social partners on the improvement of the scope and effectiveness of Directive 91/533/EEC and the broadening of its objectives in order to insertestablish new rights for workers, in accordance with Article 154 of the Treaty on the Functioning of the European Union (TFEU). This did not result in any agreement among social partners to enter into negotiations on those matters. However, as confirmed byon the basis of the outcome of the open public consultations carried out to seek the views of various stakeholders and citizens, it is importantessential to take action at the Union level in this area by modernising and adapting the current legal framework to new developments.
Amendment 120 #
2017/0355(COD)
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) The criteria for the definition of ‘worker’ as established by the Court of Justice of the EU34a should apply, without prejudice to national provisions and collective agreements already in force. __________________ 34a Judgment of 3 July 1986, Deborah Lawrie-Blum, Case 66/85
Amendment 133 #
2017/0355(COD)
Proposal for a directive
Recital 8
Recital 8
(8) In view of the increasing number of workers excluded from the scope of Directive 91/533/EEC on the basis of derogations made by Member States under Article 1 of that Directive, it is necessary to replace these derogations with a possibility for Member States not to apply the provisions of the Directive to a work relationship equal to or less than 820 hours in total in a reference period of one month or 5 hours during a one-week reference period. That derogation does not affect the definition of a worker as provided for in Article 2(1).
Amendment 138 #
2017/0355(COD)
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) Workers who are self-employed do not fall within the scope of this Directive because they do not have a relationship of subordination to an employer and therefore do not meet the criteria established by the Court of Justice of the European Union for the definition of ‘worker’1a. __________________ 1a Judgment of 3 July 1986, Deborah Lawrie-Blum, Case 66/85
Amendment 159 #
2017/0355(COD)
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) For seasonal workers in the agricultural sector, the information provided by the employer should indicate the possibility of replacing the taking of paid leave with a payment, in order to respond to the work patterns and specific constraints of that sector.
Amendment 166 #
2017/0355(COD)
Proposal for a directive
Recital 14
Recital 14
(14) If, due to the nature of the employment, it is not possible to indicate a fixed work schedule due to the nature of the employment, workers should knowsetting the times and dates at or on which work begins and ends or if workers have on-demand contracts or are in a similar employment relationship, employers should inform workers how their work schedule will be established, including the time slots in which they may be called to workon-call times and the minimum advance notice they should receive.
Amendment 170 #
2017/0355(COD)
Proposal for a directive
Recital 14
Recital 14
(14) If it is not possible to indicate a fixed work schedule due to the nature of the employment, workers should know how their work schedule will be established, including the time slots in which they may be called to work and the minimum advance notice they should receiveparticularly for seasonal workers in the agricultural sector, workers should be kept informed, in so far as possible, as to how their work schedule will be established.
Amendment 177 #
2017/0355(COD)
Proposal for a directive
Recital 15
Recital 15
(15) It is essential that the employer should provide information on the social security bodies receiving social security contributions related to the employment relationship in order to prevent cases of fraud and circumvention of legislation. Information on social security systems should include, where relevant, sickness, maternity and equivalent, parental, paternity, old-age, invalidity, survivors', unemployment, pre-retirement or family benefits. Information on social security protection provided by the employer should include, where relevant, coverage by supplementary pension schemes within the meaning of Council Directive 98/49/EC36 and Directive 2014/50/EU of the European Parliament and of the Council37. __________________ 36 Council Directive 98/49/EC of 29 June 1998 on safeguarding the supplementary pension rights of employed and self- employed persons moving within the Community (OJ L 209, 25.7.1998, p. 46). 37 Directive 2014/50/EU of the European Parliament and of the Council of 16 April 2014 on minimum requirements for enhancing worker mobility between Member States by improving the acquisition and preservation of supplementary pension rights (OJ L 128, 30.4.2014, p. 1).
Amendment 185 #
2017/0355(COD)
Proposal for a directive
Recital 16
Recital 16
(16) Workers should have the right to be informed about their rights and obligations resulting from the employment relationship in writing at the start of employment. The relevantessential information should therefore reach them at the latest on the first day of the employmentreferred to in Article 3(2)(a), (b), (c), (d), (e), (f), (j), (k) and (l) should reach them at the latest seven days after they start their job. The other information referred to in Article 3(2) may be communicated to them within 30 days of starting their job.
Amendment 215 #
2017/0355(COD)
Proposal for a directive
Recital 19
Recital 19
(19) Probationary periods allow employers to verify that workers are suitable for the position for which they have been engaged while providing them with accompanying support and training. Such periods may be accompanied by reduced protection against dismissal. Any entry into the labour market or transition to a new position should not be subject to prolonged insecurity. As established in the European Pillar of Social Rights, probationary periods should therefore be of reasonable duration. A substantial number of Member States have established a general maximum duration of probation between three and six months, which should be considered reasonable. Probationary periods may be longer than six months where this is justified by the nature of the employment such as for managerial positions or jobs in the public sector in order to comply with the employment conditions or legislative and regulatory provisions that apply to them and where this is in the interest of the worker, such as in the case of long illness or in the context of specific measures promoting permanent employment notably for young workers.
Amendment 225 #
2017/0355(COD)
Proposal for a directive
Recital 20
Recital 20
(20) Employers should not prohibit workers from taking up employment with other employers, outside the time spent working for them, within the limits set out in Directive 2003/88/EC of the European Parliament and of the Council39. IMember States should be able to introduce incompatibility clauses, understood as a restriction on working for specific categories of employers, may bif they are necessary for objective reasons, such as the protection of business secrets or, the avoidance of conflicts of interests or health and safety at work. __________________ 39 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).
Amendment 235 #
2017/0355(COD)
Proposal for a directive
Recital 21 a (new)
Recital 21 a (new)
(21a) On account of particular characteristics of the sector, the provisions of this Directive concerning the predictability of work should not apply to seamen and fishermen.
Amendment 252 #
2017/0355(COD)
Proposal for a directive
Recital 25
Recital 25
(25) Where employers have the possibility to offer full-time or open-ended labour contracts to workers in non-standard forms of employment, a transition to more secure forms of employment should be promoted in accordance with the principles established in the European Pillar of Social Rights. Workers should be able to request another more predictable and secure form of employment, where available, and receive a written response from the employer, which takes into account the needs of the employer and of the worker.
Amendment 253 #
2017/0355(COD)
Proposal for a directive
Recital 25
Recital 25
(25) Where employers have the possibility to offer full-time or open-ended labour contracts to workers in non-standard forms of employment, a transition to more secure forms of employment should be promoted. Workers should be able to request another more predictable and secure form of employment, where available, and receive, a writtens soon as possible, at least a verbal response from the employer, which takes into account the needs of the employer and of the worker.
Amendment 265 #
2017/0355(COD)
Proposal for a directive
Recital 26 a (new)
Recital 26 a (new)
(26a) It is necessary for the social partners to be involved, to ensure the proper implementation of this Directive, because they have an important role to play in reconciling the interests and needs of employers and workers.
Amendment 266 #
2017/0355(COD)
Proposal for a directive
Recital 27
Recital 27
(27) Social partners may consider that in specific sectors or situations different provisions can be adapted, completed or improved if they are more appropriate, for the pursuit of the purpose of this Directive, than the minimum standards set inin accordance with Chapter Three of this Directive. Member States should therefore be able to allowencourage the social partners to conclude collective agreements modifapplying the provisions contained inof that cChapter, as long asprovided that the overall level of protection of workers is not loweredcontinues to be respected and that the minimum requirements laid down in this Directive are met.
Amendment 297 #
2017/0355(COD)
Proposal for a directive
Recital 34 a (new)
Recital 34 a (new)
(34a) National labour inspectorates should monitor compliance with this Directive in each Member State. At European level, they should cooperate as closely as possible with each other and exchange best practices. The future European Labour Authority could play a prime role in this process.
Amendment 311 #
2017/0355(COD)
Proposal for a directive
Recital 38
Recital 38
(38) The Member States mayshould entrust social partners with the implementation of this Directive, where social partners jointly request to do so and as long as the Member States take all the necessary steps to ensure that they can at all times guarantee the results sought under this Directive.
Amendment 337 #
2017/0355(COD)
Proposal for a directive
Article 1 – paragraph 3
Article 1 – paragraph 3
3. Member States may decide not to apply the obligations in this Directive to workers who have an employment relationship equal to or less than 820 hours in total in a reference period of one month or 5 hours in a reference period of one week. Time worked with all employers forming or belonging to the same enterprise, group or entity shall count towards that 85 or 20 hour period.
Amendment 365 #
2017/0355(COD)
Proposal for a directive
Article 1 – paragraph 6 a (new)
Article 1 – paragraph 6 a (new)
6a. Member States may decide, on objective grounds, that the minimum requirements as regards working conditions laid down in Chapter III of this Directive should not apply to public sector workers, the armed forces and the law enforcement agencies.
Amendment 368 #
2017/0355(COD)
Proposal for a directive
Article 1 – paragraph 7
Article 1 – paragraph 7
7. Chapter II of this Directive applies to seafarers and fishermen without prejudice to Council Directive 2009/13/EC and Council Directive (EU) 2017/159, respectively. Point 1(2) of Article 3 and Article 9 (Chapter III) shall not apply to seafarers and fishermen.
Amendment 378 #
2017/0355(COD)
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
a) ‘worker’ means a natural person who for a certain period of time performs services for and under the direction and authority of another person in return for remuneration; this definition shall apply without prejudice to national provisions and collective agreements in force;
Amendment 412 #
2017/0355(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall ensure that employers are required to inform workers of the essential aspects of the employment relationship as referred to in Article 3(2)(a), (b), (c), (d), (e), (f), (j), (k) and (l) within seven days of them starting work.
Amendment 417 #
2017/0355(COD)
Proposal for a directive
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
2. The essential information referred to in paragraph 1, to be provided within seven days of a worker starting work, and other information, which may be provided within one month of a worker starting work, shall include:
Amendment 433 #
2017/0355(COD)
Proposal for a directive
Article 3 – paragraph 2 – point e
Article 3 – paragraph 2 – point e
(e) in the case of a temporary employment relationship, the end date or the expected duration thereof, where that is possible;
Amendment 436 #
2017/0355(COD)
Proposal for a directive
Article 3 – paragraph 2 – point g
Article 3 – paragraph 2 – point g
(g) any mandatory training entitlement provided by the employer, in the light of the national laws or collective agreements applicable;
Amendment 464 #
2017/0355(COD)
Proposal for a directive
Article 3 – paragraph 2 – point k
Article 3 – paragraph 2 – point k
(k) if the work schedule is entirely or mostly not varipredictable, the length of the worker's standard working day or week and any arrangements for overtime and its remuneration;
Amendment 466 #
2017/0355(COD)
Proposal for a directive
Article 3 – paragraph 2 – point l – introductory part
Article 3 – paragraph 2 – point l – introductory part
(l) if the work schedule is entirely or mostly variaunpredictable, where that is possible, the principle that the work schedule is variunpredictable, the amount of guaranteed paid hours, the remuneration of work performed in addition to the guaranteed hours and, if the work schedule is entirely or mostly determined by the employer, where that is possible:
Amendment 483 #
2017/0355(COD)
Proposal for a directive
Article 3 – paragraph 2 – point l a (new)
Article 3 – paragraph 2 – point l a (new)
(la) in the case of seasonal workers in the farming industry whose work schedules are highly variable owing to weather and environmental constraints, the information that their employment is by nature variable and that it will be difficult for the employer to predict in advance what hours and days they will work.
Amendment 510 #
2017/0355(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The information referred to in Article 3(2)(a), (b), (c), (d), (e), (f), (j), (k) and (l) shall be provided individually to the worker in the form of a document at the latest on the first dayseven days after the start of the employment relationship. That document may be provided and transmitted electronically as long as it is easily accessible by the worker and can be stored and printed. The other information referred to in Article 3(2) should be provided individually to the worker in the form of a document within one month of the start of the employment relationship.
Amendment 532 #
2017/0355(COD)
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. All documents shall be provided personally, on paper or in electronic form, provided that they are easily accessible, receipt is acknowledged, and they can be stored and printed.
Amendment 548 #
2017/0355(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States shall ensure that the information on the laws, regulations and administrative or statutory provisions or collective agreements governing the legal framework applicable which are to be communicated by employers is made generally available free of charge in a clear, transparent, comprehensive and easily accessible way at a distance and by electronic means, including through existing online portals for Union citizens and businesse. Universally applicable collective agreements are of public interest and shall be made generally available free of charge through existing online portals.
Amendment 622 #
2017/0355(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States may provide for longer probationary periods in cases where this is justified by the nature of the employment, such as in managerial positions, or is in the interest of the worker.
Amendment 645 #
2017/0355(COD)
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Employers may however lay down conditions of incompatibility where such restrictions are justified by legitimate reasons such as the protection of business secrets or, the avoidance of conflicts of interests or health and safety in the workplace.
Amendment 717 #
2017/0355(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall ensure that workers with at least six months' seniority with the same employer may request a form of employment withtransition towards another, more predictable and secure wforking conditionsm of employment, where available.
Amendment 719 #
2017/0355(COD)
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The employer shall provide a written reply within one month of the application. With respect to natural persons acting as employers and micro, particularly if the company is an SME, smhall, or medium enterprises, Member States may provide for that deadline to be extended to no more than three months and allow an oral reply to be given to a subsequent similar request submitted by the same worker if the justification for the reply as regards the situation of the worker remains unchanged provide at least an oral reply as soon as possible after the application.
Amendment 772 #
2017/0355(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
Amendment 810 #
2017/0355(COD)
Proposal for a directive
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
Member States may provide that workers shall give prior notification to the employer of their decision to access the above systems. If the worker does not receive a response from the employer within a reasonable time, he or she may then trigger one of these two systems.
Amendment 862 #
2017/0355(COD)
Proposal for a directive
Article 19 – title
Article 19 – title
Amendment 863 #
2017/0355(COD)
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
1. This Directive shall not constitute valid grounds for reducing the general level of protection already afforded to workers within Member States. This Directive shall not be applied and interpreted in such a way as to undermine, restrict or prejudice more favourable working conditions already negotiated in collective agreements and rights and procedural safeguards providing for a higher level of protection.
Amendment 872 #
2017/0355(COD)
Proposal for a directive
Article 20 – paragraph 1 a (new)
Article 20 – paragraph 1 a (new)
1a. Member States shall ensure that the social partners are involved in the overall implementation of this Directive and provide them with the necessary means for such involvement to be effective.
Amendment 883 #
2017/0355(COD)
Proposal for a directive
Article 21 – paragraph 1
Article 21 – paragraph 1
The rights and obligations set out in this Directive shall apply to existing employment relationships as from [entry into force date + 2 years]. However, employers shall provide or complement the documents referred to in Article 4(1), Article 5 and Article 6 only upon request of a worker or the social partners. The absence of such request shall not have the effect of excluding workers from the minimum rights established under this Directive.
Amendment 888 #
2017/0355(COD)
Proposal for a directive
Article 22 – paragraph 1
Article 22 – paragraph 1
By [entry into force date + 2two years], the Commission shall, in consultation with the Member States and social partners at Union level and taking into account the impact on small and medium-sized enterprises, review the application of this Directive with a view to proposing, where appropriate, the necessary amendments and improvements.
Amendment 30 #
2017/0123(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) So far, and unless otherwise provided for in national law, the rules on access to the occupation of road transport operator do not apply to undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles not exceeding that limit. The number of such undertakings which are active in both national and international transport operations has been increasing. As a result, several Member States have decided to apply the rules on access to the occupation of road transport operator, provided for in Regulation (EC) No 1071/2009, to those undertakings. To ensure a minimum level of professionalisation of the sector using vehicles with a permissible laden mass not exceeding 3.5 tonnes by way of common rules, and thus to approximate competitive conditionsensure fair and equal competition between all operators in the sector, this provision should be deleted, whereas the requirements regarding effective and stable establishment and appropriate financial standing should be rendered mandatory for all vehicles used in international haulage and cabotage operations, of whatever size.
Amendment 45 #
2017/0123(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) It is necessary to ensure that road transport operators established in a Member State have a real and continuous presence in that Member State and conduct their business from there. Therefore, and in light of experience, it is necessary to clarify the provisions regarding the existence of an effective and stable establishmentand strengthen the provisions set out in Article 5 of Regulation (EC) No 1071/2009 regarding the existence of an effective and stable establishment in order to combat the establishment of so- called letterbox companies.
Amendment 46 #
2017/0123(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) So far, and unless otherwise provided for in national law, the rules on access to the occupation of road transport operator do not apply to undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles not exceeding that limit. The number of such undertakings which are active in both national and international transport operations has been increasing. As a result, several Member States have decided to apply the rules on access to the occupation of road transport operator,provided for in Regulation (EC) No 1071/2009,to those undertakings. To ensure a minimum level of professionalisation of the sector using vehicles with a permissible laden mass not exceeding 3.5 tonnes by way of common rules, and thus to approximate competitive conditionsensure fair and equal competition between all operators in the sector, this provision should be deleted, whereas the requirements regarding effective and stable establishment and appropriate financial standing should be rendered mandatory for all vehicles used in international haulage and cabotage operations, of whatever size.
Amendment 56 #
2017/0123(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) In view of their potential to considerably affect the conditions for fair competition in the road haulage market, serious infringements of national tax rules should be added to the items relevant to the assessment of good repute and should also be subject to deterrent sanctions in proportion to the infringement identified.
Amendment 63 #
2017/0123(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) It is necessary to ensure that road transport operators established in a Member State have a real and continuous presence in that Member State and conduct their business from there. Therefore, and in light of experience, it is necessary to clarify the provisions regarding the existence of an effective and stable establishmentand strengthen the provisions set out in Article 5 of Regulation (EC) No 1071/2009 regarding the existence of an effective and stable establishment in order to combat the establishment of so- called letterbox companies.
Amendment 68 #
2017/0123(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) Moreover, in order to ensure the effectiveness of a link between the country of establishment and transport operations, a minimum number of operations must be carried out by the fleet of vehicles used in the Member State where the transport undertaking is established. In addition, the undertaking must have a minimum turnover in the country where it is established.
Amendment 70 #
2017/0123(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or with combinations of vehicles not exceeding that limit should have a minimum level of financial standing, to ensure that they have the means to carry out operations on a stable and long-lasting basis. However, sinceThe rules applicable to access to the operccupations concerned are generally of a limited size, the corresponding requirements should be less demanding than those applicable to operators using vehicles or combinations of vehicles above that limit of road haulage operator by means of vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles with a permissible laden mass not exceeding 3.5 tonnes are those set out in Regulation (EC) No 1071/2009.
Amendment 72 #
2017/0123(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) In view of their potential to considerably affect the conditions for fair competition in the road haulage market, serious infringements of national tax rules should be added to the items relevant to the assessment of good repute and should also be subject to deterrent sanctions in proportion to the infringement identified.
Amendment 76 #
2017/0123(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The rules on national transport performed on a temporary basis by non- resident hauliers in a host Member State ('cabotage') should be clear, simple and easy to enforce, whil– in order to avoid their having to return empty – should be clear, simple for hauliers to implement and easy to enforce in order to guarantee broadly maintaining the level of liberalisation achieved so far transport workers’ rights and promote fair competition between companies without undermining the basic principle of the free movement of services in the internal market.
Amendment 86 #
2017/0123(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) To this end, and in order to facilitate checks and to eliminate uncertainty and the danger of systematic cabotage, the limitation on the number of cabotage operations subsequent to an international carriage should be abolished, whilemaintained and the number of days available for such operations should be reduced. It should be possible to determine whether cabotage is possible in three days with a single operation, which would be enough to ensure vehicles in an international operation would not have to return empty.
Amendment 92 #
2017/0123(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or with combinations of vehicles not exceeding that limit should have a minimum level of financial standing, to ensure that they have the means to carry out operations on a stable and long-lasting basis. However, since the operations concerned are generally of a limited size, the corresponding requirements should be less demanding than those applicable to operators using vehicles or combinations of vehicles above that limitThe rules applicable to access to the occupation of road haulage operator using vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles with a permissible laden mass not exceeding 3.5 tonnes are those set out in Regulation (EC) No 1071/2009.
Amendment 105 #
2017/0123(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The rules on national transport performed on a temporary basis by non- resident hauliers in a host Member State ('cabotage') should be clear, simple and easy to enforce, whil– in order to avoid their having to return empty – should be clear, simple for hauliers to implement and easy to enforce in order to guarantee broadly maintaining the level of liberalisation achieved so far transport workers’ rights and promote fair competition between companies without undermining the basic principle of the free movement of services in the internal market.
Amendment 117 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Regulation (EC) No 1071/2009
Article 1 – paragraph 6
Article 1 – paragraph 6
Article 3(1)(b) and (d) and Articles 4, 6, 8, 9, 14, 19 and 21 shall notalso apply to undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles with a permissible laden mass not exceeding 3.5 tonnes.
Amendment 118 #
2017/0123(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) To this end, and in order to facilitate checks and to eliminate uncertainty and the risk of systematic cabotage, the limitation on the number of cabotage operations subsequent to an international carriage should be abolished, whilemaintained and the number of days available for such operations should be reduced. The time limit for cabotage should be set at three days with a single operation, which would be enough to ensure vehicles in an international operation would not have to return empty.
Amendment 131 #
2017/0123(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) The means by which road transport operators can prove compliance with the rules for cabotage operations should be clarified. The use and transmission of electronic transport information should be recognised as such means,o ensure fair competition in each internal market, the application of EU rules to electronic transport information, the use and transmission of which should simplify the provision of relevant evidence and its treatment by the competent authorities, should be subject to effective control. The format used for that purpose should ensure reliability and authenticity. Considering the increasing use of efficient electronic exchange of information in transport and logistics, it is important to ensure coherence in the regulatory frameworks and provisions addressing the simplification of administrative procedures. To do that, it is desirable to continue the process of making transport documents paperless in order to simplify controls and administrative and procedures. Thus, in the spirit of the Additional Protocol of 20 February 2008 to the Convention on the Contract for the International Carriage of Goods by Road (CMR), the use of electronic documents should eventually become the rule, particularly the electronic consignment note.
Amendment 167 #
2017/0123(COD)
Proposal for a regulation
Article premier – paragraph 1 – point 1 – point b
Article premier – paragraph 1 – point 1 – point b
Règlement (CE) 1071/2009
Article 1 – paragraph 6 – subparagraph 1
Article 1 – paragraph 6 – subparagraph 1
Article 3(1)(b) and (d) and Articles 4, 6, 8, 9, 14, 19 and 21 shall notalso apply to undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles with a permissible laden mass not exceeding 3.5 tonnes.
Amendment 168 #
2017/0123(COD)
Proposal for a regulation
Article premier – paragraph 1 – point 1 – point b
Article premier – paragraph 1 – point 1 – point b
Règlement (CE) 1071/2009
Article 1 – paragraph 6 – subparagraph 2
Article 1 – paragraph 6 – subparagraph 2
Amendment 184 #
2017/0123(COD)
Proposal for a regulation
Article premier – paragraph 1 – point 3 – point a
Article premier – paragraph 1 – point 3 – point a
Règlement (CE) 1071/2009
Article 5 – point a
Article 5 – point a
(a) have premises in which it keeps its core business documentsappropriate premises, proportionate to the activities of the undertaking in the member State of establishment, in which it keeps its core business documents, accessible either in hard copy or electronic form, in particular its commercial contracts, accounting documents, personnel management documents, labour contracts, documents containing data relating to driving time and rest and any other document to which the competent authority must have access in order to verify compliance with the conditions laid down in this Regulation;;
Amendment 197 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EC) No 1071/2009
Article 18 – point 3 a
Article 18 – point 3 a
3a. In order to facilitate cooperation between administrations and the exchange of best monitoring practice, the Member States shall work together with the platform for combating undeclared work and the European Labour Authority
Amendment 202 #
2017/0123(COD)
Proposal for a regulation
Article premier – paragraph 1 – point 3 – point c
Article premier – paragraph 1 – point 3 – point c
Règlement (CE) 1071/2009
Article 5 – point d
Article 5 – point d
(d) manage the transport operations carried out with the vehicles referred to in point (b) and the servicing of this fleet of vehicles with the appropriate technical equipment situated in that Member State;;
Amendment 210 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
Regulation (EC) No 1072/2009
Article 1 – paragraph 5 – point c
Article 1 – paragraph 5 – point c
(1a) In Article 1(5), point (c) is deleted.
Amendment 212 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point a
Article 2 – paragraph 1 – point 2 – point a
Regulation (EC) No 1072/2009
Article 2–paragraph 6
Article 2–paragraph 6
6. ‘cabotage operation’ means national carriage for hire or reward carried out on a temporary basis in a host Member State, involving the carriage from the picking up of the goods at one or several loading points until their delivery at one or several delivery points, as specified in the consignment note;', with the main aim of ensuring that lorries do not travel empty;
Amendment 212 #
2017/0123(COD)
Proposal for a regulation
Article premier – paragraph 1 – point 3 – point d a (new)
Article premier – paragraph 1 – point 3 – point d a (new)
Règlement (CE) 1071/2009
Article 5 – point d a (new)
Article 5 – point d a (new)
(da) organises its activities in such a way that each vehicle used in international transport operations performs, at least once every two weeks, one commercial loading or unloading of goods operation in the country of establishment of the undertaking concerned.
Amendment 217 #
2017/0123(COD)
Proposal for a regulation
Article premier – paragraph 1 – point 4 – point a – point i
Article premier – paragraph 1 – point 4 – point a – point i
Règlement (CE) 1071/2009
Article 6 – paragraph 1 – subparagraph 2
Article 6 – paragraph 1 – subparagraph 2
In determining whether an undertaking, irrespective of the type of vehicle it uses in its transport operations, has satisfied that requirement, Member States shall consider the conduct of the undertaking, its transport managers, executive directors, general partners in the case of partnerships, other legal representatives and any other relevant person as may be determined by the Member State. Any reference in this Article to convictions, penalties or infringements shall include convictions, penalties or infringements of the undertaking itself, its transport managers, executive directors, general partners in the case of partnerships, other legal representatives and any other relevant person as may be determined by the Member State.;
Amendment 226 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a
Article 2 – paragraph 1 – point 5 – point a
Regulation (EC) No 1072/2009
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Once the goods carried in the course of an incoming international carriage from another Member State or from a third country to a host Member State have been delivered, hauliers referred to in paragraph 1 shall be allowed to carry out, with the same vehicle or, in the case of a coupled combination, the motor vehicle of that same vehicle, cabotage operations in the host Member State or in contiguous Member Statesin order to avoid returning empty. The last unloading in the course of athe single authorised cabotage operation shall take place within 53 days from the last unloading in the host Member State in the course of the incoming international carriage.';
Amendment 237 #
2017/0123(COD)
Proposal for a regulation
Article premier – paragraph 1 – point 4 – point a – point iii (new)
Article premier – paragraph 1 – point 4 – point a – point iii (new)
Règlement (CE) 1071/2009
Article 6 – paragraphe 1 – point b – sous point xiii (nouveau)
Article 6 – paragraphe 1 – point b – sous point xiii (nouveau)
(xiia) cabotage
Amendment 263 #
2017/0123(COD)
Proposal for a regulation
Article premier – paragraph 1 – point 6 a (new)
Article premier – paragraph 1 – point 6 a (new)
Regulation (EC) No 1072/2009
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
(6a) Vehicles used for purposes of cabotage must carry all the consignment notes corresponding to each operation, in paper or electronic form. In the event of an inspection, the driver must be able to immediately produce, for the officer of the host Member State carrying it out, the consignment notes covering all the work he has performed in the 60 days before the date of the inspection.
Amendment 312 #
2017/0123(COD)
Proposal for a regulation
Article premier – paragraph 1 – point 12 (new)
Article premier – paragraph 1 – point 12 (new)
Directive (CE) 1071/2009
Article 18 – point 3 nouveau
Article 18 – point 3 nouveau
3a. In order to facilitate cooperation between administrations and the exchange of best monitoring practices, the Member States shall work together with the undeclared work platform and the European Labour Authority.
Amendment 329 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12 a (new)
Article 1 – paragraph 1 – point 12 a (new)
Regulation (EC) No 1071/2009
Article 23 – paragraph 2 (new)
Article 23 – paragraph 2 (new)
(12a) Undertakings which only operate road vehicles with a permissible laden mass that does not exceed 3.5 tonnes must comply with this Regulation from the entry into force of this amendment.
Amendment 351 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
Regulation (EC) No 1072/2009
Article 1 – paragraph 5 – point c
Article 1 – paragraph 5 – point c
(1a) (1a) In Article 1(5), point (c) is deleted.
Amendment 354 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point a
Article 2 – paragraph 1 – point 2 – point a
Regulation (EC) No 1072/2009
Article 2 – paragraph 6
Article 2 – paragraph 6
6. ‘cabotage operation’ means national carriage for hire or reward carried out on a temporary basis in a host Member State, involving the carriage from the picking up of the goods at one or several loading points until their delivery at one or several delivery points, as specified in the consignment note, with the main aim of ensuring that lorries do not travel unladen;’;
Amendment 389 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a
Article 2 – paragraph 1 – point 5 – point a
Regulation (EC) No 1072/2009
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Once the goods carried in the course of an incoming international carriage from another Member State or from a third country to a host Member State have been delivered, hauliers referred to in paragraph 1 shall be allowed to carry out, with the same vehicle or, in the case of a coupled combination, the motor vehicle of that same vehicle, cabotage operations in the host Member State or in contiguous Member Statesin order to avoid returning empty. The last unloading in the course of athe single cabotage operation shall take place within 53 days from the last unloading in the host Member State in the course of the incoming international carriage.';
Amendment 19 #
2017/0122(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Having evaluated the effectiveness and efficiency of the implementation of the existing set of Union social rules in road transport, and in particular Regulation (EC) No 561/2006 of the European Parliament and of the Council9 , certain deficiencies were identified in the existing legal framework. Unclear and unsuitable rules on weekly rest, resting facilities, breaks in multi- manning and the absence of rules on the return of drivers to their home, lead to diverging interpretations and enforcement practices in the Member States. Several Member States recently adopted unilateral measures further increasing legal uncertainty and unequal treatment of drivers and operators. __________________ 9 Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 (OJ L 102, 11.4.2006, p. 1).
Amendment 29 #
2017/0122(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Drivers engaged in long-distance international transport operations spend long periods away from their home. The current requirements on the regular weekly rest unnecessarily prolong those periods. It is thus desirable to adapt the provision on the regular weekly rest in such a way that it is easier for drivers to carry out transport operations in compliance with the rules and to reacho ensure that these periods away from home are not excessively long, operators should organise the work of drivers in such a way that they can live in decent conditions thanks to allowances or bonuses sufficient to fund decent accommodation. Measures should also be taken to ensure that operators organise the return of drivers to their home for a regular weekly rest, and be fully compensated for all reduced weekly rest periods. It is also necessary to provide that operators organise the work of drivers in such a way that these periods away from home are not excessively longnother place of their choosing at least every two weeks. It is essential that the duration of this return trip does not count as part of the rest period and that if drivers choose to spend their rest time in a place other than their home the undertaking must not in any way use it to save on the cost of a return or of travel allowances for the driver.
Amendment 50 #
2017/0122(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) To simplify and enhance cost- effectiveness of enforcement of the social rules the potential of the current and future tachograph system, all international goods transport vehicles should be fully exploitted. Therefore the functionalities of the tachograph should be improved to with smart tachographs by 2023, which will allow for more precise positioning, in particular during international transport operations.
Amendment 55 #
2017/0122(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Having evaluated the effectiveness and efficiency of the implementation of the existing set of Union social rules in road transport, and in particular Regulation (EC) No 561/2006 of the European Parliament and of the Council9, certain deficiencies were identified in the existing legal framework. Unclear and unsuitable rules on weekly rest, resting facilities, breaks in multi- manning and the absence of rules on the return of drivers to their home, lead to diverging interpretations and enforcement practices in the Member States. Several Member States recently adopted unilateral measures further increasing legal uncertainty and unequal treatment of drivers and operators. _________________ 9 Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 (OJ L 102, 11.4.2006, p. 1).
Amendment 59 #
2017/0122(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) The exclusion of road vehicles or combinations of vehicles carrying out international transport operations with a laden mass not exceeding 3.5 tonnes has resulted in the development of unfair competition and differences in the application of Regulation (EC) 561/2006, leading to disparities in working conditions and compromising road safety. These types of vehicles should therefore also be included in the scope of Regulation (EC) 561/2006.
Amendment 64 #
2017/0122(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) The maximum driving periods per day, per week and per period of two consecutive weeks, as set out in Regulation (EC) No 561/2006, clearly contribute to improving the social conditions of road drivers and road safety in general. They should therefore remain in force and steps should be taken to ensure that they are respected.
Amendment 69 #
2017/0122(COD)
Proposal for a regulation
Recital 4 b (new)
Recital 4 b (new)
(4b) In order to ensure, at European level, the conditions for road safety, environmental protection and fair and healthy competition, this Regulation applies to all motorised vehicles carrying out international transport and/or cabotage operations.
Amendment 77 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
Regulation (EC) No 561/2006
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) of goods where the maximum permissible mass of the vehicle, including any trailer, or semi-trailer, exceeds 3,5 tonne-1) In Article 2, paragraph 1(a) is replaced by the following: (a) of goods, or
Amendment 78 #
2017/0122(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Drivers engaged in long-distance international transport operations spend long periods away from their home. The current requirements on the regular weekly rest unnecessarily prolong those periods. It In order to ensure that these periods away from home are not excessively long, provision should be made for carriers to organise thus desirable to adapt the provision on the regular weekly rest in such a way that it is easier for drivers to carry out transport operations in compliance with the rules and to reache work of these drivers so that they can live in decent conditions through the provision of adequate compensation or premiums to pay for decent accommodation. Measures should also be taken to ensure that operators organise the return of drivers to their home for a regular weekly rest, and be fully compensated for all reduced weekly rest periods. It is also necessary to provide that operators organise the work of drivers in such a way that these periods away from home are not excessively longnother place of their choosing at least every two weeks. It is essential that the duration of this return trip does not count as part of the rest period and that if drivers choose to spend their rest time in a place other than their home the undertaking must not in any way use it to save on the cost of a return or of travel allowances for the driver.
Amendment 104 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Regulation (EC) No 561/2006
Article 8 – paragraph 6 – subparagraph 1
Article 8 – paragraph 6 – subparagraph 1
Amendment 129 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Regulation (EC) No 561/2006
Article 8 – paragraph 8 a – introductory part
Article 8 – paragraph 8 a – introductory part
8a. The regular weekly rest periods and any weekly rest of more than 45 hours taken in compensation for previous reduced weekly rest shall notcannot under any circumstances be taken in a vehicle. They shallIt must be taken in a suitable accommodation, withoutside the cabin, having a secure parking area and adequate sleeping and sanitary facilities;.
Amendment 133 #
2017/0122(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) To simplify and enhance cost- effectiveness of enforcement of the social rules the potential of the current and future tachograph systems should be fully exploited. Therefore the functionalities of the tachograph should be improved to allow for more precise positioning, in particular during international transport operation, all vehicles carrying out international road haulage and cabotage operations should be fitted with smart tachographs by 2023, in order to allow for more precise positioning of these vehicles.
Amendment 138 #
2017/0122(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) The exclusion of light goods vehicles or combinations of vehicles carrying out international transport operations with goods not exceeding 3.5 tonnes has resulted in the development of unfair competition between the enterprises of Member States and differences in the application of Regulation (EC) 561/2006, leading to disparities in the working conditions of drivers and compromising road safety. These types of vehicles should therefore also be included in the scope of Regulation (EC) 561/2006.
Amendment 147 #
2017/0122(COD)
Proposal for a regulation
Article premier – paragraph 1 – point 5 – point c
Article premier – paragraph 1 – point 5 – point c
Regulation (EC) No 561/2006
Article 8 – paragraph 8 b
Article 8 – paragraph 8 b
8b. A transport undertaking shall organise the work of drivers in such a way that the drivers are able to spend at least one regular weekly rest period or a weekly rest of more than 45 hours taken in compensation for reduced weekly rest at home within each period of threewo consecutive weeks.;
Amendment 165 #
2017/0122(COD)
Proposal for a regulation
First Article – paragraph 1 – point 1 a (new)
First Article – paragraph 1 – point 1 a (new)
Regulation (EC) No 561/2006
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(1a) of goods where the maximum permissible mass of the vehicle, including any trailer, or semi-trailer, exceeds 3.5 tonnes, or content/FR/TXT/HTML/?uri=CELEX:32006R0561&qid=1519652857817&from=FR)in Article 2, paragraph 1, point (a), is replaced by the following: "(a) of goods, or” Or. fr (http://eur-lex.europa.eu/legal-
Amendment 174 #
2017/0122(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point -1 (new)
Article 2 – paragraph 1 – point -1 (new)
Regulation (EU) No 165/2014
Article 3 – paragraph 4
Article 3 – paragraph 4
Amendment 240 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Regulation (EC) No 561/2006
Article 8 – paragraph 6 – subparagraph 1
Article 8 – paragraph 6 – subparagraph 1
Amendment 326 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Regulation (EC) No 561/2006
Article 8 – paragraph 8 a
Article 8 – paragraph 8 a
8a. The regular weekly rest periods and any weekly rest of more than 45 hours taken in compensation for previous reduced weekly rest shall not cannot under any circumstances be taken in a vehicle. They shallIt must be taken in a suitable accommodation, withoutside the cabin, with a secure parking area and adequate sleeping and sanitary facilities,.
Amendment 365 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Regulation (EC) No 561/2006
Article 8 – paragraph 8 b
Article 8 – paragraph 8 b
8b. A transport undertaking shall organise the work of drivers in such a way that the drivers are able to spend at least one regular weekly rest period or a weekly rest of more than 45 hours taken in compensation for reduced weekly rest at home within each period of threewo consecutive weeks.";
Amendment 440 #
2017/0122(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point -1 (new) Regulation (EU) No 165/2014
Article 2 – paragraph 1 – point -1 (new) Regulation (EU) No 165/2014
Amendment 477 #
2017/0122(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
Regulation (EU) 165/2014
Article 34 – paragraph 7 – subparagraph 1
Article 34 – paragraph 7 – subparagraph 1
7. The driver shall enter in the digital tachograph the symbols of the countries in which the daily working period started and finished as well as where and when the driver has crossed a border in the vehicle on arrival at the suitable stopping place. The driver shall also enter the symbols of the countries that he has entered after crossing the border, starting at the first possible stopping point in the Member State. This stopping point should be understood as the first available place where the driver can stop the vehicle safely and within 15 minutes of crossing the border. Member States may require drivers of vehicles engaged in transport operations inside their territory to add more detailed geographic specifications to the country symbol, provided that those Member States have notified those detailed geographic specifications to the Commission before 1 April 1998.”.
Amendment 36 #
2017/0121(COD)
Proposal for a directive
Recital 3
Recital 3
(3) The balance between enhancing social and working conditions for drivers and, facilitating the exercise of the freedom to provide road transport services based onand ensuring fair competition between national and foreign operators is crucial for the smooth functioning of the internal market.
Amendment 50 #
2017/0121(COD)
Proposal for a directive
Recital 9
Recital 9
(9) Difficulties have also been experienced in applying the rules on posting of workers specified in Directive 96/71/EC of the European Parliament and of the Council15 and the rules on the administrative requirements laid down in Directive 2014/67/EU of the European Parliament and of the Council16 to the highly mobile road transport sector. The uncoordinated national measures on the application and enforcement of the provisions on posting of workers in the road transport sector have generated high administrative burdens for non-resident Union operators. This, and have created undue restrictions to the freedom to provide cross-border road transport services having negative side-effects on jobsfairness in inter-company competition in the sector. __________________ 15 Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18, 21.1.97, p.1) 16 Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (‘the IMI Regulation’) (OJ L 159, 28.5.2014, p. 11).
Amendment 53 #
2017/0121(COD)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) Non-compliance with the rules on the establishment of international road transport companies is creating differences within the single market and contributing to unfairness in inter- company competition. The conditions governing the establishment of international road transport companies should therefore be tightened and made easier to monitor, particularly with a view to combating the creation of ‘letterbox’ companies.
Amendment 62 #
2017/0121(COD)
Proposal for a directive
Recital 11
Recital 11
(11) In order to ensure the effective and proportionate implementation of Directive 96/71/EC in the road transport sector, it is necessary to establish sector-specific rules reflecting the particularity of the highly mobile workforce in the road transport sector and providing a balance between the social protection of drivers and the freedom to provide cross-border services for operators, as well as the need to ensure that inter-company competition in the sector is fair.
Amendment 64 #
2017/0121(COD)
Proposal for a directive
Recital 3
Recital 3
(3) The balance between enhancing social and working conditions for drivers and, facilitating the exercise of the freedom to provide road transport services based onand ensuring fair competition between national and foreign operators is crucial for the smooth functioning of the internal market.
Amendment 74 #
2017/0121(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Such balanced criteria should be based on a concept of a sufficient link ofthe simple, readily understood concept of the link between a driver with aand the territory of a host Member State. Therefore, a time threshold should be established, beyond whichis link should be characterised by at least one commercial loading or unloading operation taking place on the territory of the host Member State. Furthermore, the minimum rate of pay and the minimum annual paid holidays of the host Member State shallould apply in case ofto international transport operations. This time threshold should not apply toand cabotage operations as defined by Regulations 1072/200918 and 1073/200919 since the entire transport operation is taking place in a host Member State. As a consequence the minimum rate of pay and the minimum annual paid holidays of the host Member State should apply to cabotage irrespective of the frequency and duration of the operations carried out by a driver. __________________ 18 Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market (OJ L 300, 14.11.2009, p. 72). 19 Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006 (OJ L 300, 14.11.2009, p.88)
Amendment 89 #
2017/0121(COD)
Proposal for a directive
Recital 13
Recital 13
(13) In order to ensure effective and efficient enforcement of the sector-specific rules on posting of workers and to avoid disproportionate administrative burdens for non-resident operators sector, specific administrative and control requirements should be established in the road transport sector, taking full advantage of control tools such as the digital tachograph. Introducing the smart tachograph across the board as soon as possible is a prerequisite for effective and efficient monitoring of compliance with the rules on posting of drivers for international transport and cabotage operations.
Amendment 89 #
2017/0121(COD)
Proposal for a directive
Recital 9
Recital 9
(9) Difficulties have also been experienced in applying the rules on posting of workers specified in Directive 96/71/EC of the European Parliament and of the Council15 and the rules on the administrative requirements laid down in Directive 2014/67/EU of the European Parliament and of the Council16 to the highly mobile road transport sector. The uncoordinated national measures on the application and enforcement of the provisions on posting of workers in the road transport sector have generated high administrative burdens for non-resident Union operators, and have created unfair competition between enterprises of the Member States. This created undue restrictions to the freedom to provide cross-border road transport services having negative side-effects on jobs. _________________ 15 Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18, 21.1.97, p.1) 16 Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (‘the IMI Regulation’) (OJ L 159, 28.5.2014, p. 11).
Amendment 101 #
2017/0121(COD)
Proposal for a directive
Recital 11
Recital 11
(11) In order to ensure the effective and proportionate implementation of Directive 96/71/EC in the road transport sector, it is necessary to establish sector-specific rules reflecting the particularity of the highly mobile workforce in the road transport sector and providing a balance between the social protection of drivers and the freedom to provide cross-border services for operators as well as the need to ensure fair competition between companies in the sector.
Amendment 119 #
2017/0121(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Such balanced criteria should be based on a concept of a sufficient link ofthe simple, readily understood concept of the link between a driver with aand the territory of a host Member State. Therefore, a time threshold should be established, beyond whichis link should be characterised by at least one commercial loading or unloading operation taking place in the host Member State. Furthermore, the minimum rate of pay and the minimum annual paid holidays of the host Member State shallould apply in case ofto international transport operations. This time threshold should not apply toand cabotage operations as defined by Regulations (EC) No 1072/200918 and (EC) No 1073/200919 since the entire transport operation is taking place in a host Member State. As a consequence the minimum rate of pay and the minimum annual paid holidays of the host Member State should apply to cabotage, irrespective of the frequency and duration of the operations carried out by a driver. _________________ 18 Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market (OJ L 300, 14.11.2009, p. 72). 19 Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006 (OJ L 300, 14.11.2009, p.88)
Amendment 140 #
2017/0121(COD)
Proposal for a directive
Recital 13
Recital 13
(13) In order to ensure effective and efficient enforcement of the sector-specific rules on posting of workers and to avoid disproportionate administrative burdens for non-resident operators sector, specific administrative and control requirements should be established in the road transport sector, taking full advantage of control tools such as the digital tachograph. . Introducing the smart tachograph across the board as soon as possible, irrespective of the size or weight of the vehicle, is a prerequisite for effective and efficient monitoring of compliance with the rules on posting of drivers for international transport and cabotage operations.
Amendment 167 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1
Article 2 – paragraph 2 – subparagraph 1
Member States shall not apply points (b) and (c) of the first subparagraph of Article 3 (1) of Directive 96/71/EC to drivers in the road transport sector employed by undertakings referred to in Article 1(3)(a) of that Directive, when performing international carriage or cabotage operations as defined by Regulations 1072/2009 and 1073/2009 where the period of posting to their territory to perform these operations is shorter than or equal to 3 days during a period of one calendar month.
Amendment 185 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 2
Article 2 – paragraph 2 – subparagraph 2
Amendment 208 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
Amendment 267 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1
Article 2 – paragraph 2 – subparagraph 1
Member States shall not apply points (b) and (c) of the first subparagraph of Article 3 (1) of Directive 96/71/EC to drivers in the road transport sector employed by undertakings referred to in Article 1(3)(a) of that Directive, when performing international carriage or cabotage operations as defined by Regulations 1072/2009 and 1073/2009 where the period of posting to their territory to perform these operations is shorter than or equal to 3 days during a period of one calendar month.
Amendment 297 #
2017/0121(COD)
Amendment 331 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
Amendment 360 #
2017/0121(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
Member States shall adopt and publish, by […] [The time limit for transposition will be as short as possible and, generally, will not exceed two years] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive the laws, regulations and administrative provisions necessary to comply with this Directive in the same time frame as that set out under Article 2 of the legislative act amending Directive 96/71/EC. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 425 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point a – point i
Article 2 – paragraph 4 – point a – point i
(i) the identity of the road transport operator; at least by means of his/her intra- Community tax identification number;
Amendment 471 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point b
Article 2 – paragraph 4 – point b
(b) an obligation for the driver to keep and make availableemployer to ensure that, where requested at the roadside control, in paper or electronic form, a copy of the posting declaration and evidence of transport operation taking place in the host Member State, such as an electronic consignment note (e-CMR) or evidence referred to in Article 8 of Regulation (EC) No 1072/2009 of the European Parliament and of the Council, is available on board and presented.
Amendment 488 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point c
Article 2 – paragraph 4 – point c
(c) an obligation for the driver to keep and make availableemployer to ensure that, where requested at the roadside control, the tachograph records, and in particular the country codes of Member States where the driver has been present when carrying out international road transport operations or cabotage operations, are available on board and presented;
Amendment 505 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point d
Article 2 – paragraph 4 – point d
(d) an obligation for the driver to keep and make availableemployer to ensure that, where requested at the roadside control, in paper or electronic form, a copy of the employment contract or an equivalent document within the meaning of Article 3 of Council Directive 91/533/EEC20, translated into one of the official languages of the host Member State or into English, are available on board and presented; _________________ 20 Council Directive 91/533/EEC of 14 October 1991 on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship (OJ L 288, 18.10.1991, p. 32).
Amendment 519 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point e
Article 2 – paragraph 4 – point e
(e) an obligation for the driver to make availableemployer to ensure that, where requested at the roadside control, in paper or electronic form, a copy of payslips for last two months is available on board and presented; during the roadside check, the driver shall be allowed to contact the head office, the transport manager or any other person or entity which may provide this copy;
Amendment 524 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point e a (new)
Article 2 – paragraph 4 – point e a (new)
(ea) An obligation for the employer to deliver, within the worker’s posting period plus a period of 18 months following the expiry of the posting period, in paper or electronic form, proof of payment of wages to drivers.
Amendment 535 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point f
Article 2 – paragraph 4 – point f
(f) an obligation for the road transport operatoemployer to deliver, after the period of posting, in paper or electronic form, copies of documents referred to in points (b), (c) and (e), at the request of the authorities of the host Member State within a reasonable period of time;
Amendment 558 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 5 – subparagraph 1 (new)
Article 2 – paragraph 5 – subparagraph 1 (new)
Member States shall ensure that infringements of the rules on the posting of drivers are regarded as infringements for the purposes of the assessment of good repute as referred to in Article 6 of Regulation 1071/2009.
Amendment 564 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 5 a (new)
Article 2 – paragraph 5 a (new)
5a. Member States shall provide for sanctions against shippers, freight forwarders and subcontractors for non- compliance with Article 2 of this Directive where the latter use transport services which involve infringements of this Directive.
Amendment 586 #
2017/0121(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
Member States shall adopt and publish, by […] [The time limit for transposition will be as short as possible and, generally, will not exceed two years] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive the laws, regulations and administrative provisions necessary to comply with this Directive in the same time frame as that set out under Article 2 of the legislative act amending Directive 96/71/EC. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 70 #
2017/0085(COD)
Proposal for a directive
Recital 8
Recital 8
(8) The current Union legal framework provides limited incentives for men to assume an equal share of caring responsibilities. Lack of paid paternity and parental leave in many Member States contributes to the low take-up of such leave by fathers. The imbalance in the design of work-life balance policies between women and men reinforces gender differences between work and care. Conversely, use of work-life balance arrangements by fathers, such as leave or flexible working arrangements, has been shown to have a positive impact in reducing the relative amount of unpaid family work undertaken by women and leaving them more time for paid employment. Furthermore, the implementation of incentive-based family policies to facilitate contractual employment between individuals, whether for childcare in the home or for home- based care for dependent persons, has proven to be a crucial aspect of work-life balance policies that facilitates the rapid return of women to work and their increased participation in the labour market.
Amendment 150 #
2017/0085(COD)
Proposal for a directive
Recital 15
Recital 15
(15) In order to provide greater possibility for parents to use parental leave as their children grow up, the right to parental leave should be granted until the child is at least twelvesix years old. Member States should be able to specify the period of notice to be given by the worker to the employer when applying for parental leave and to decide whether the right to parental leave may be subject to a certain period of service. In view of the growing diversity of contractual arrangements, the sum of successive fixed-term contracts with the same employer should be taken into account for the purpose of calculating the period of service. To balance the needs of workers with those of employers, Member States should also be able to decide whether they define if the employer may be allowed to postpone the granting of parental leave under certain circumstances. In such cases, the employer should provide justification for the postponement. Given that flexibility makes it more likely that second parents, in particular fathers, will take up their entitlement to such leave, workers should be able to request to take parental leave on a full-time or part-time basis or in other flexible forms. It should be up to the employer whether or not to accept such a request for parental leave in other flexible forms than full-time. Member States should also assess if the conditions and detailed arrangements of parental leave should be adapted to the specific needs of parents in particularly disadvantaged situations.
Amendment 186 #
2017/0085(COD)
Proposal for a directive
Recital 19
Recital 19
(19) To increase the incentives for workers with children and caring responsibilities, men in particular, to take the periods of leave provided for in this Directive, they should have the right to an adequate allowance while on leave. The level of the allowance should be at least equivalent to what the worker concerned would receive in case of sick leaveset by the Member States and/or the social partners in accordance with the particular circumstances in the Member State in question. Member States should take into account the importance of the continuity of the entitlements to social security, including healthcare.
Amendment 409 #
2017/0085(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall take the necessary measures to ensure that workers have an individual right to parental leave of at least four months to be taken before the child reaches a given age which shall be at least twelvesix.
Amendment 448 #
2017/0085(COD)
Proposal for a directive
Article 5 – paragraph 5 a (new)
Article 5 – paragraph 5 a (new)
5a. Member States shall take the necessary measures to create a framework which incentivises the development of home childcare arrangements.
Amendment 456 #
2017/0085(COD)
Proposal for a directive
Article 5 – paragraph 6
Article 5 – paragraph 6
6. Member States shall take the necessary measures to ensure that workers have the right to request parental leave also on a part-time basis, in blocks separated by periods of work or in other flexible forms. Employers shall consider and respond to such requests, taking into account the needs of both employers and workers, in particular in small and medium-sized enterprises. Employers shall justify any refusal of such a request in writing.
Amendment 514 #
2017/0085(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
In accordance with national circumstances, such as national law, collective agreements and/or practice, and taking into account the powers delegated to social partners, Member States shall ensure that workers exercising the rights to leave referred to in Article 4, 5 or 6 will receive a payment or an adequate allowance at least equivalent to what the worker concerned would receive in case of sick leave.
Amendment 537 #
2017/0085(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall take the necessary measures to ensure that workers with children up to a given age, which shall be at least twelvesix, and carers, have the right to request flexible working arrangements for caring purposes. The duration of such flexible working arrangements may be subject to a reasonable limitation.
Amendment 557 #
2017/0085(COD)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Employers shall consider and respond to requests for flexible working arrangements referred to in paragraph 1, taking into account the needs of both employers and workers, in particular for small and medium-sized enterprises. Employers shall justify any refusal of such a request.
Amendment 598 #
2017/0085(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Member States shall take the necessary measures to prohibit less favourable treatment or dismissal of workers on the ground that they have applied for, or have taken, leave referred to in Article 4, 5 or 6, or on the ground that they have exercised their right to flexible working arrangements referred to in Article 9.
Amendment 2 #
2016/2237(INL)
Draft opinion
Recital A
Recital A
A. whereas the social entrepreneurshipand solidarity- based economy itself is not governed by a clear legal framework at European level, but only at national level in some Member States;
Amendment 90 #
2016/2237(INL)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Takes the view that the time has come to review the European definition of ‘non-profit-making’ or to consider a third way, neither exclusively ‘non-profit- making’ nor exclusively ‘profit-making’, for organisations which may generate a profit which cannot, even in part, be distributed to their members and must be reinvested in full or used in full in another way to achieve a given social purpose; acknowledges the importance of providing financial support for enterprises in the social and solidarity- based economy, and proposes that EU laws applicable to State aid be revised to that effect, given that, as the Court of Justice’s Graphos Pain judgment of 8 September 2011 (Cases C-78/08 to 80/08) recognises for cooperatives, the profit margin for this type of enterprise, if it has one at all, is significantly smaller than that for companies with share capital, which are better able to adapt to the dictates of the market and raise funds;
Amendment 100 #
2016/0397(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) In the area of unemployment benefits, the rules on the aggregation of periods of insurance should be applied uniformly by all Member States. With the exception of cross-border workers referred to in Article 65(2), the rules on the aggregation of periods for the purpose of conferring entitlement to unemployment benefits should be subject to the condition that an insured person has most recently completed at least three months of insurance in that Member Stateperiods or periods assimilated to insurance periods in that Member State, with a view to ensuring a fairer distribution of the burden, to avoiding abusive practices and ensuring better representativeness of the income taken into account. The previously competent Member State should become competent for all insured persons who do not satisfy this condition. In this case, registration with the employment services of the Member State of most recent insurance should have the same effect as registration with the employment services of the Member State, where the unemployed person had been previously insured.
Amendment 111 #
2016/0397(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Following the recommendations in the EU Citizenship Report 201335, there is a need to extend the minimum duration of export of unemployment benefits from three to six months in order to promote mobility and improve the opportunities for unemployed persons moving to another Member State to look for work and their chances for reintegration into the labour market and to address skills mismatches across borders. __________________ 35 COM(2013) 269 final. COM(2013) 269 final.
Amendment 113 #
2016/0397(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) This extension of the minimum export period for unemployment benefits from three to six months should be accompanied by compulsory monitoring of the applicant for export through the systematic transmission to the competent state of monthly reports on the applicant made by the state of residence, as well as through the increased exchange of information between the States, with a view to ensuring an appropriate level of cross-border checks on jobseekers residing abroad during the period for which benefits are payable.
Amendment 122 #
2016/0397(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) The new unemployment compensation mechanism for frontier workers could lead to changes in their conditions and make it more difficult for them to return to the labour market. To overcome these difficulties, it is necessary for the Member State of residence to put in place accompanying measures for these unemployed persons in order to help them in their dealings with the relevant institution of the competent Member State. It is also essential that the new regulatory framework should clarify the possibilities for those unemployed persons to register with the employment services in their Member State of residence, where they will have the opportunity to look for a job, obtain information and take advantage of all the measures to help them return to work, such as training or retraining.
Amendment 125 #
2016/0397(COD)
Proposal for a regulation
Recital 10 b (new)
Recital 10 b (new)
(10b) It is necessary to develop cross- border placement services in order to support applicants in their search for new employment that are as close as possible to the realities of border areas.
Amendment 142 #
2016/0397(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) To ensure the effective and efficient operation of the coordination rules it is necessary to clarify the rules for determining applicable legislation for employees who pursue their economic activity in two or more Member States in order to provide a greater parity with the conditions that apply to persons who are posted or sent to pursue economic activity in a single Member State. Moreover, the posting rules providing for the continuation of the applicable legislation should only apply to persons who had a prior link to the social security system of the Member State of origin involving membership for at least three months.
Amendment 148 #
2016/0397(COD)
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) In order to strengthen the link between the substantial activity of the undertaking and the legislation applicable to the person seconded by that undertaking to another Member State on a temporary basis, it is important to stress that the substantial activity must be characterised, inter alia, by a share of more than 25% of the annual turnover in the Member State from which the person is seconded.
Amendment 149 #
2016/0397(COD)
Proposal for a regulation
Recital 16 b (new)
Recital 16 b (new)
(16b) Form A1 must be issued by the competent authority to the applicant company before the start of the assignment. In order to prevent the posting of a worker from being blocked if the competent authority fails to issue the form on time, it must be able to prove that the application was made by the applicant undertaking before the start of the mission.
Amendment 290 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13 a (new)
Article 1 – paragraph 1 – point 13 a (new)
Regulation (EC) No 883/2004
Article 13 – paragraph 1
Article 13 – paragraph 1
13a. Article 13(1) is amended as follows: 1. A person who normally pursues an activity as an employed person in two or more Member States shall be subject: (a) to the legislation of the Member State of residence if he/she pursues a substantial part of his/her activity in that Member State; or, (b) if he/she does not pursue a substantial part of his/her activity in this/her Member State of residence: (i) to the legislation of the Member State in which the registered office or place of business of the undertaking or employer is situated if he/she is employed by one undertaking or employer; or (ii) to the legislation of the Member State in which the registered office or place of business ofemploying him/her is situated and in which the undertakings or employers is situated if he/she is employed by two or more undertakings or employers which have their registered office or place of business in only one Member State; or (iii) to the legislation of the Member State in which the registered office or place of business of the undertaking or employer is situated other than the Member State of residence if he/she is employed by two or more undertakings or employers, which have t pursues a substantial part of its activities; (ii) to the legislation of the Member State in which the employee carries out his/heir registered office or place of business in two Member States, one of which is the Member State of residence; or (iv) to the legislation of the Member State of residence if he/she is employed by two or more undertakings or employers, at least two of which have their registered office or place of business in different Member States other than the Member State of residence."predominant activity in situations where (i) is not applicable.
Amendment 291 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13 b (new)
Article 1 – paragraph 1 – point 13 b (new)
Regulation (EC) No 883/2004
Article 13 – paragraph 3
Article 13 – paragraph 3
Amendment 298 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 a (new)
Article 1 – paragraph 1 – point 14 a (new)
Regulation (EC) No 883/2004
Article 16 a (new)
Article 16 a (new)
14a. The following article is inserted: “Article 16a Prior issuance of the document on applicable legislation. The prior issuance by the sending institution to the host institution of a document attesting to the social security legislation applicable to a worker, drafted in accordance with Articles 11 to 16 and Article 19 of Regulation (EC) No 987/2009, before posting to the host country, shall be compulsory. If the sending institution is not in a position to issue this document before the start of the secondment, it must be able to prove that the application for the issue of the document was made before the start of the secondment.”
Amendment 357 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Regulation (EC) No 883/2004
Article 61 – paragraph 1
Article 61 – paragraph 1
1. Except in the cases referred to in Article 65(2), the application of Article 6 shall be conditional on the person concerned having most recently completed a period of at least three months ofone or more periods which together correspond to at least three months of insurance or cover equivalent to insurance, employment, or self- employment in accordance with the legislation under which the benefits are claimed.
Amendment 375 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Regulation (EC) No 883/2004
Article 61 – paragraph 2
Article 61 – paragraph 2
2. Where an unemployed person does not satisfy the conditions for the aggregation of periods in accordance with paragraph 1 because the total duration of his or her most recently completed periods of insurance, or cover equivalent to insurance, periods of employment or self- employment in that Member State is less than three months that person shall be entitled to unemployment benefits in accordance with the legislation of the Member State where he or she had previously completed such periods under the conditions and subject to the limitations laid down in Article 64a.”.
Amendment 378 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 19 a (new)
Article 1 – paragraph 1 – point 19 a (new)
Regulation (EC) No 883/2004
Article 62 – paragraph 1
Article 62 – paragraph 1
19a. In Article 62, paragraph 1 is replaced by the following: “1. The competent institution of a Member State whose legislation provides for the calculation of benefits on the basis of the amount of the previous salary or professional income shall take into account exclusively the salary or professional income received by the person concerned in respect of his/her last activity or activities as an employed or self-employed person under the said legislation. ”
Amendment 382 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 20 – point -a (new)
Article 1 – paragraph 1 – point 20 – point -a (new)
Regulation (EC) No 883/2004
Article 64 – paragraph 1 – point b a (new)
Article 64 – paragraph 1 – point b a (new)
(-a) The following subparagraph 1(b)a shall be inserted: (ba) mandatory follow-up of the unemployed person must be carried out by the Member State to which he goes through systematic forwarding to the competent State of monthly reports on the applicant.
Amendment 406 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Regulation (EC) No 883/2004
Article 64 a – paragraph 1
Article 64 a – paragraph 1
In the situations referred to in Article 61(2), the Member State to whose legislation the unemployed person was previously subject shallwhich has become competent toshall provide unemployment benefits. They shall be provided at the expense of the competent institution forbenefits within the limits of the period laid down in Article 64(1)(c), if the unemployed person makes himself/herself available to the employment services in the Member State of most recent insurance and adheres to the conditions laid down under the legislation of that Member State. The benefits paid by the State which has become competent shall continue to be borne by it. Article 64 (2) to (4) shall apply mutatis mutandis.”
Amendment 413 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Regulation (EC) No 883/2004
Article 65 – paragraph 1
Article 65 – paragraph 1
1. An unemployed person who, during his or her last activity as an employed or self-employed person, resided in a Member State other than the competent Member State shall make himself or herself available to the former employer or to the employment services in the competent Member State, while retaining the option of registering in parallel with the employment services of his State of residence or with a cross-border placement service and benefiting from all accompanying measures and back-to- work assistance on offer. Such a person shall receive benefits in accordance with the legislation of the competent Member State as if he or she were residing in that Member State. These benefits shall be provided by the institution of the competent Member State.
Amendment 415 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Regulation (EC) No 883/2004
Article 65 – paragraph 1 a (new)
Article 65 – paragraph 1 a (new)
1a. The authorities of the competent Member State and of the Member State of residence shall cooperate closely and clarify to job seekers the competence of the public employment service responsible for their follow-up. They shall also ensure that exchanges between the competent institution and the job seeker are carried out in a language understood by the latter, possibly involving EURES advisers in these services.
Amendment 422 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Regulation (EC) No 883/2004
Article 65 – paragraph 2
Article 65 – paragraph 2
2. By way of derogation from paragraph 1, a wholly unemployed person who, during the last activity as an employed or self-employed person, resided in a Member State other than the competent Member State, and who had not completed at least 12 months of unemployment insuranceperiods of insurance, employment or self- employment exclusively under the legislation of the competent Member State shall make himself or herself available to the employment service of the Member State of residence. Such a person shall receive benefits in accordance with the legislation of the Member State of residence as if he or she had completed all periods of insurance under the legislation of that Member State. Those benefits shall be provided by the institution of the Member State of residence. Alternatively, a wholly unemployed person referred to in this paragraph, who would be entitled to an unemployment benefit solely under the national legislation of the competent Member State if he or she resided there, may instead opt to make themselves available to the employment services in that Member State and to receive benefits in accordance with the legislation of that Member State as if he or she were residing there.
Amendment 423 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Regulation (EC) No 883/2004
Article 65 – paragraph 3
Article 65 – paragraph 3
3. If a wholly unemployed person referred to in paragraphs 1 or 2 does not wish to become or remain available to the employment services of the competent Member State after having been registered there, and wishes to seek work in the Member State of residence or the Member State of last activity Article 64 shall apply mutatis mutandis, except Article 64(1)(a), thus enabling frontier workers to be exempted from the four weeks of prior registration in the competent State before being able to export their entitlements to their State of residence. The competent institution may extend the period referred to in the first sentence of Article 64(1)(c) up to the end of the period of entitlement to benefits.
Amendment 429 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Regulation (EC) No 883/2004
Article 65 – paragraph 4
Article 65 – paragraph 4
4. A wholly unemployed person referred to in this Article may in addition to making themselves available to the employment services of the competent Member State also make themselves available to the employment services of the other Member State or a cross-border placement service.
Amendment 546 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 a (new)
Article 1 – paragraph 1 – point 7 a (new)
Regulation (EC) No 987/2009
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
4a. In Article 5, the following paragraph is added: ‘4a. In the event of intentional fraud as defined in Article 1 of this Regulation, the competent authorities of the State which receives the document may proceed in the same way as if the document had not been issued.’
Amendment 558 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8 – point a
Article 2 – paragraph 1 – point 8 – point a
Regulation (EC) No 987/2009
Article 14 – paragraph 1
Article 14 – paragraph 1
1. For the purposes of the application of Article 12(1) of the basic Regulation, a ‘person who pursues an activity as an employed person in a Member State on behalf of an employer which normally carries out its activities there and who is posted within the meaning of the Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services52 or sent by that employer to another Member State’ shall include a person who is recruited with a view to being posted or sent to another Member State, provided that immediately before the start of his employment, the person concerned ihas already been subject to the legislation of the sending Member State for at least three months in accordance with Title II of the basic Regulation. __________________ 52 OJ L 018, 21.01.1997 p. 1. OJ L 018, 21.01.1997 p. 1.
Amendment 568 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8 – point a a (new)
Article 2 – paragraph 1 – point 8 – point a a (new)
Regulation (EC) No 883/2004
Article 14 – paragraph 2
Article 14 – paragraph 2
Amendment 574 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8 – point b a (new)
Article 2 – paragraph 1 – point 8 – point b a (new)
Regulation (EC) No 987/2009
Article 14 – paragraph 10
Article 14 – paragraph 10
Amendment 578 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8 a (new)
Article 2 – paragraph 1 – point 8 a (new)
8a. In Article 15, paragraph 10 is replaced with the following: ‘1. Unless otherwise provided for by Article 16 of the implementing Regulation, where a person pursues his activity in a Member State other than the Member State competent under Title II of the basic Regulation, the employer or, in the case of a person who does not pursue an activity as an employed person, the person concerned shall inform the competent institution of the Member State whose legislation is applicable thereof, whenever possible in advance. That institution shall without delay make information concerning the legislation applicable to the person concerned, pursuant to Article 11(3)(b) or Article 12 or Article 13 of the basic Regulation, available to the person concerned and to the institution designated by the competent authority of the Member State in which the activity is pursued.’