1736 Amendments of Christophe HANSEN
Amendment 5 #
2023/2072(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that Chinese investments in Europe continued to decline in 2022, reaching a 10-year low of EUR 7.9 billion; recalls a shift in Chinese FDI from mergers and acquisitions (M&A) towards greenfield investments, primarily in battery technology, which is a key sector of the Green Transition1a; _________________ 1a https://rhg.com/research/chinese-fdi-in- europe-2022-update/
Amendment 16 #
2023/2072(INI)
3. Is nevertheless convinced that the trade and investment relationship between the EU and China is of strategic importance and should be rules-based, with the multilateral trading system and the principle of reciprocity at its core; welcomes a strategy built on the concept of ‘de-risking’, alongside higher degrees of awareness as regard vulnerabilities linked to the possible weaponisation of economic dependencies and the foreign control or influence on critical infrastructure;
Amendment 21 #
2023/2072(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Emphasises that trade and investment are key drivers of sustainable growth, job creation and innovation and that the EU should therefore maintain its economic openness1 ; stresses however that a strategic balance must be found between the open character of the EU Single Market and the related security vulnerabilities, especially concerning economic coercion or threats to the integrity of European critical infrastructure; _________________ 1 Commission communication of 18 February 2021 entitled ‘Trade Policy Review – An Open, Sustainable and Assertive Trade Policy’ (COM(2021)0066).
Amendment 41 #
2023/2072(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Welcomes the Commission’s proposed European economic security strategy2 , which aims to maximise the benefits of the EU’s economic openness while minimising the risks resulting from economic interdependencies; approves of the fact that the strategy explicitly recognises that risks to the physical and cyber security of critical infrastructure are key security vulnerabilities for European economies; is convinced that the protection of critical infrastructure should be a key element in the implementation of the strategy; _________________ 2 Joint communication from the Commission and the High Representative of the Union for Foreign Affairs and Security Policy of 20 June 2023 on ‘European Economic Security Strategy’ (JOIN(2023)0020).
Amendment 42 #
2023/2072(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Underlines that EU responses must be built around an augmented understanding of the relevant strategic picture centred on cross-policy and cross- national threat assessments and vulnerability studies on critical infrastructure; is of the opinion that a decentralised or lacunar perception, lacking clear visibility and scrutiny over projects with strategic significance for Europe’s defence and security can greatly harm the Union’s geopolitical interests1a; recalls vulnerabilities linked to foreign interference, specifically in the information space, and the interplay between FDI projects and information manipulation operations by malign foreign actors; _________________ 1a Security implications of China-owned critical infrastructure in the European Union - DG EXPO in-depth analysis
Amendment 54 #
2023/2072(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Recalls that the Regulation on the screening of foreign direct investments3 addresses risks to security and public order resulting from investments from outside the EU; notes that critical infrastructure is among the factors that may be taken into consideration by the Member States or the Commission in determining whether an investment is likely to affect security or public order.; reiterates the key added value of the screening mechanism as a pertinent tool giving the Union and its Member States a better strategic overview and situational awareness regarding trends, targets, means and methods deployed by foreign actors to increase their economic and political influence; _________________ 3 Regulation (EU) 2019/452 of the European Parliament and of the Council of 19 March 2019 establishing a framework for the screening of foreign direct investments into the Union (OJ L 79I, 21.3.2019, p. 1).
Amendment 56 #
2023/2072(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Highlights the role of the EU as a promotor of quality infrastructure projects abroad, through initiatives such as the Global Gateway or through the G7 Partnership for Global Infrastructure and Investment; underlines the EU’s need to deliver on its value-based and sustainability-driven rhetoric of international infrastructure projects, acknowledging the vital geostrategic role such programs can have at the level of diversification, supply chain resilience, standard setting and regulatory alignment;
Amendment 60 #
2023/2072(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Argues that a key area of EU critical infrastructure is also its network of research institutes and R&D facilities, which play a pertinent role in the Union’s ability to deliver on its green and digital transitions, alongside key arenas such as space of defence; reminds of security vulnerabilities linked to forced technology transfers, IP-theft and knowledge leaks, both at home and abroad, and calls for increased vigilance in accounting for such threats to the EU’s ability to innovate and foster growth.
Amendment 1172 #
2023/0167(COD)
Proposal for a directive
Annex I – paragraph 1 – point 2 – subpoint 3
Annex I – paragraph 1 – point 2 – subpoint 3
Directive 2014/65/EU
Annex II – Section II.1 – subparagraph 8 a (new)
Annex II – Section II.1 – subparagraph 8 a (new)
In the course of that assessment, as a minimum, two of the following criteria shall be satisfied: - the client has carried out on a regular basis investment in Financial Instruments; - each one of significant size, over the last 3 years.
Amendment 1174 #
2023/0167(COD)
Proposal for a directive
Annex II a (new)
Annex II a (new)
The investment firm shall consider the corporate purpose of the legal entity: the date of constitution of the legal entity is above 1 year and the corporate purpose in the articles of incorporation includes the activity of "buying, holding and selling financial instruments.
Amendment 167 #
2023/0115(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9Directive 2014/49/EU
Article 1 – paragraph 1 – point 9Directive 2014/49/EU
Article 8b– paragraph 1 – point c
(c) the clients referred to in point (a) are identified or identifiable, under the ultimate responsibility of the entity holding the account on behalf of clients, prior to the date on which a relevant administrative authority makes a determination as referred to in Article 2(1), point (8)(a) or a judicial authority makes a ruling as referred to in Article 2(1), point (8)(b).
Amendment 446 #
2023/0112(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 55 – point a
Article 1 – paragraph 1 – point 55 – point a
Directive 2014/59/EU
Article 108 – paragraph 1 – point b
Article 108 – paragraph 1 – point b
(b) depositscovered deposits, or parts of eligible deposits from natural persons and micro, small and medium-sized enterprises which exceeds the coverage level provided for in Article 6 of Directive 2014/49/EU made through branches located outside the Union of institutions established within the Union;
Amendment 461 #
2023/0112(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 55 – point b
Article 1 – paragraph 1 – point 55 – point b
2014/59/EU
Article 108 – paragraph 9
Article 108 – paragraph 9
Amendment 469 #
2023/0112(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 56 – point a
Article 1 – paragraph 1 – point 56 – point a
Amendment 471 #
2023/0112(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 56 – point a
Article 1 – paragraph 1 – point 56 – point a
Directive 2014/59/EU
Article 109 – paragraph 1 – subparagraph 2 – point b
Article 109 – paragraph 1 – subparagraph 2 – point b
Amendment 480 #
2023/0112(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 56 – point b
Article 1 – paragraph 1 – point 56 – point b
Amendment 48 #
2023/0079(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Access to raw materials is essential for the Union economy and the functioning of the internal market. There is a set of non-energy, non-agricultural raw materials that, due to their high economic importance and their exposure to high supply risk, often caused by a high concentration of supply from a few third countries, are considered critical. Given the key role of many such critical raw materials in realising the green and digital transitions, and in light of their use for defence and space applications, demand will increase exponentially in the coming decades. At the same time, the risk of supply disruptions is increasing against the background of rising geopolitical tensions and resource competition, with serious vulnerabilities linked to the possible weaponisation of supply dependencies and bottlenecks. Furthermore, if not managed properly, increased demand for critical raw materials could lead to negative environmental and social impacts. Considering these trends, it is necessary to take measures to ensure access to a secure and sustainable supply of critical raw materials to safeguard the Union's economic resilience and open strategic autonomy.
Amendment 55 #
2023/0079(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Firstly, in order to effectively ensure the Union's access to a secure and sustainable supply of critical raw materials, that framework should include measures to decrease the Union's growing supply risks by strengthening Union capacities along all stages of the strategic raw materials value chain, including extraction, processing and recycling, towards benchmarks defined for each strategic raw material. Secondly, as the Union will continue to rely on imports, the framework should include measures to increase the diversification of external supplies of strategic raw materials, including trough the ratification of new FTAs with third countries. Thirdly, is necessary to provide measures to reinforce the Union’s ability to monitor and mitigate existing and future supply risks. Fourthly, the framework should contain measures to increase the circularity and sustainability of the critical raw materials consumed in the Union.
Amendment 57 #
2023/0079(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) In order to ensure that the measures set out in the Regulation focus on the most relevant materials, a list of strategic raw materials and a list of critical raw materials should be established. Those lists should also serve to guide and coordinate Member States’ efforts to contribute to the realisation of the aims of this Regulation. The list of strategic raw materials should contain raw materials that are of high strategic importance, taking into account their use in strategic technologies underpinning the green and digital transitions or for defence or space applications, that are characterised by a potentially significant gap between global supply and projected demand, and for which an increase in production is relatively difficult, for instance due to long lead-times for new projects increasing supply capacity. To take account of possible technological and economic changes, the list of strategic materials should be periodically reviewed and, if necessary, updated. Moreover, the list will be based on a clear and transparent methodology, allowing for increased predictability and stability for European economic operators. In order to ensure that efforts to increase the Union capacities along the value chain, reinforce the Union’s capacity to monitor and mitigate supply risks and increase diversification of supply are focused on the materials for which they are most needed, the relevant measures should only apply to the list of strategic raw materials.
Amendment 58 #
2023/0079(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) Decarbonisation efforts in European industrial processes also require secondary raw materials. These are key for the development of technologies which will enable the green and digital transitions. A sub-list of strategic secondary raw materials should be established within the strategic raw materials in order to prioritise the supply of specific materials, in line with the following: their role in decarbonisation endeavours; forecasted growth in global demand; potential bottlenecks and dependencies; scarcity of supply in the EU or related technological difficulties; potential for recovery of critical raw material. The assessment should also take into account strategic forecast analyses to address future bottlenecks or supply disruption.
Amendment 63 #
2023/0079(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) To strengthen Union capacities along the strategic raw materials value chain, benchmarks should be set to guide efforts and track progress. The aim should be to increase capacities for each strategic raw material at each stage of the value chain, while aiming to achieve overall capacity benchmarks for extraction, processing and recycling of strategic raw materials. Firstly, the Union should increase the use of its own geological resources of strategic raw materials and build up capacity, including through innovative technologies and relevant skills, to allow it to extract the materials needed to produce at least 10 % of the Union's consumption of strategic raw materials. Keeping in mind that extraction capacity is highly dependent on the availability of Union geological resources, the achievement of this benchmark is dependent on such availability. Secondly, in order to build a full value chain and prevent any bottlenecks at intermediate stages, the Union should in addition increase its processing capacity along the value chain and be able to produce at least 40 % of its annual consumption of strategic raw materials. Thirdly, it is expected that in the coming decades a growing share of the Union's consumption of strategic raw materials can be covered by secondary raw materials, which would improve both the security and the sustainability of the Union’s raw materials supply. Therefore, Union recycling capacity should be able to produce at least 15 % of the Union’s annual consumption of strategic raw materials. These benchmarks refer to the 2030 time horizon, in alignment with the Union's climate and energy targets set under Regulation (EU) 2021/1119 of the European Parliament and of the Council29 and the digital targets under the Digital Decade30 , which they underpin. Furthermore, quality jobs, including skills development and job-to-job transitions, will address risks in the sectoral labour market and help ensure the EU’s competitiveness. These benchmarks must remain flexible, given the differing chemical properties, geological availability and overall specificities of the materials in question. _________________ 29 Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (OJ L 243, 9.7.2021, p. 1). 30 Decision (EU) 2022/2481 of the European Parliament and of the Council of 14 December 2022 establishing the Digital Decade Policy Programme 2030 (OJL 323, 19.12.2022, p. 4–26 )
Amendment 83 #
2023/0079(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) Imports of raw materials present in Annexes 1 and 2 of this regulation play a key role in efforts to diversify supply and increase the resilience of EU supply chains. Importantly, these imports must observe the principle of fair competition as the Union market operates on a level playing field. The Commission shall act swiftly and assertively when evidence suggests unfair trade practices, effectively implementing the Union's trade defence toolbox.
Amendment 126 #
2023/0079(COD)
Proposal for a regulation
Article 1 – paragraph 3 a (new)
Article 1 – paragraph 3 a (new)
3a. When assessing the effectiveness of relevant measures to attain the benchmarks, including as concerns the review stipulated by Article 46, the Commission shall apply a tailored approach to the different raw materials, in line with their specificities, availability, use and recycling possibilities.
Amendment 145 #
2023/0079(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1
Article 3 – paragraph 2 – subparagraph 1
The Commission is empowered to adopt delegated acts in accordance with Article 36 to amend Annex I, Section 1 in order to update the list of strategic raw materials, in line with a clear and transparent methodology.
Amendment 438 #
2023/0079(COD)
Proposal for a regulation
Annex I – Section 1 – paragraph 1 – point p a (new)
Annex I – Section 1 – paragraph 1 – point p a (new)
(pa) Ferrous scrap
Amendment 2 #
2022/2040(INI)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
— having regard to the Proposal for a Regulation establishing a Single Market Emergency Instrument and repealing Council Regulation (EC) 2679/98
Amendment 38 #
2022/2040(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
E a. Whereas the EU is pursuing a number of legislative initiatives that seek to boost our supply chain resilience, such as the Battery Regulation, the Single Market Emergency Instrument, The Chips Act, the Critical Raw Materials Act, and the Corporate Sustainability Due Diligence Directive;
Amendment 84 #
2022/2040(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Strongly believes that the anticipated Critical Raw Materials Act can contribute positively to the EU’s long- term commitment to foster more resilient supply chains;
Amendment 85 #
2022/2040(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Calls on the Commission to ensure that the Critical Raw Materials Act addresses key problems of access to funding and investment for extraction and processing projects; Strongly believes that the Critical Raw Materials legislation should include an associated EU Fund that can assist in leveraging finance for strategically important projects, both inside and outside of the EU; Believes that such funding should be made available as soon as possible;
Amendment 87 #
2022/2040(INI)
Motion for a resolution
Paragraph 4 c (new)
Paragraph 4 c (new)
4 c. Notes that China dominates the supply and processing of many strategically important critical raw materials, including rare earths; Notes that China is the largest supplier for nearly one third of the EU’s identified Critical Raw Materials; Expresses concern about previous attempts by China to weaponize these dependencies;
Amendment 89 #
2022/2040(INI)
Motion for a resolution
Paragraph 4 d (new)
Paragraph 4 d (new)
4 d. Reiterates that Critical Raw Materials are key to achieving the Green and Digital transitions and that demand for these materials is set to dramatically increase in the coming decades;
Amendment 90 #
2022/2040(INI)
Motion for a resolution
Paragraph 4 e (new)
Paragraph 4 e (new)
4 e. Believes that improved recycling rates, greater circularity in the economy, and further research into substitute materials can all play arole in meeting this rising demand; Reiterates, however, that this alone will not be sufficient, and that new primary production of critical raw materials will be necessary to keep pace with demand;
Amendment 91 #
2022/2040(INI)
Motion for a resolution
Paragraph 4 f (new)
Paragraph 4 f (new)
4 f. Notes that many materials, which are key to attaining the EU’s resilience in strategic sectors do not feature in the EU’s current Critical Raw Materials list; Calls on the Commission to address this as part of its upcoming Critical Raw Materials Act, particularly for strategic materials such as Aluminium, Cooper, and Nickel;
Amendment 92 #
2022/2040(INI)
Motion for a resolution
Paragraph 4 g (new)
Paragraph 4 g (new)
4 g. Calls on the Commission to prioritise policies aimed at retaining and developing our existing levels of primary production of strategic materials; Notes with concern the impact of the current energy crisis on primary production in the EU in these sectors; Notes that 50% of the EU’s aluminium and zinc capacity are already offline, while Silicon production is 30% offline; Highlights the importance of these materials to key strategic EU projects like the Solar Energy Strategy, the Chips Act, and the transition to Electric Vehicles.
Amendment 93 #
2022/2040(INI)
Motion for a resolution
Paragraph 4 h (new)
Paragraph 4 h (new)
4 h. Notes the need for the EU to develop a more cohesive strategy in its bid to achieve a degree of strategic autonomy in the field of Critical Raw Materials supply; Expresses concern that these ambitions are often siloed within individual units of the Commission or pursued via targeted, flagship projects; Believes that a dedicated EU agency on Critical Raw Materials and Resilient Supply Chains could overcome this challenge;
Amendment 96 #
2022/2040(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Suggests that future investment and trade agreements of the EU with relevant third countries, shall make collaboration in the field of semiconductors and along the entire semiconductor supply chain a key priority; Calls on the Commission to launch a public consultation, impact assessment, and scoping exercise for a Bilateral Investment Agreement with Taiwan;
Amendment 102 #
2022/2040(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Notes that the implementation of the proposed toolbox has to be guided by the principles of confidentiality and proportionality. Furthermore, it shall avoid any additional administrative burden for businesses, in particular SMEs, or protective measures that hamper trade relations more broadly;
Amendment 103 #
2022/2040(INI)
Motion for a resolution
Paragraph 5 c (new)
Paragraph 5 c (new)
5 c. Believes that in a globalised world characterized by complex international value chains, European resilience must be based on well-functioning multilateral and bilateral trade regimes.
Amendment 105 #
2022/2040(INI)
Motion for a resolution
Paragraph 5 d (new)
Paragraph 5 d (new)
5 d. Highlights that any new initiative to improve the salience of supply chains (such as the Chips Act or the Single Market Emergency Instrument) proposed by the European Commission must comply with Union law, the WTO Agreement and be consistent with commitments made under other trade and investment agreements to which the Union or the Member States are party;
Amendment 107 #
2022/2040(INI)
Motion for a resolution
Paragraph 5 e (new)
Paragraph 5 e (new)
5 e. Recognizes that the EU needs to shorten supply chains and re-shore essential production procedures to increase resilience and its strategic autonomy; calls on the Commission and Member States to reinforce measures that have a rapid effect on the reindustrialisation of Europe and create future-proof jobs by working with international partners in order to remove existing barriers to global competition and revive free trade.
Amendment 131 #
2022/2040(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Calls on the Commission to review whether it can make greater use of its trade defence tools to target unfair, state- subsidies provided by non-market economies; Highlights the case of the Aluminium industry, where between 2013 and 2017, the OECD found that 85% of global subsidies in the sector were channelled to just five Chinese companies;
Amendment 132 #
2022/2040(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8 b. Calls on the Commission to examine innovative solutions that can increase electricity intensive industries’ access to renewable energy sources; Calls on the Commission to consider new approaches to Power Purchase Agreements, such as the “Green Pool” initiative being pioneered by Greece;
Amendment 158 #
2022/2040(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Welcomes the EU’s first Strategic Partnerships for Critical Raw Materials as signed with Canada and Ukraine in 2021; Calls on the Commission to swiftly conclude similar agreements with other key partners; Welcomes existing commitments from the Commission to pursue such agreements with a number of partners, including Norway and Namibia; Recognises the strong role that they can play in diversifying supply chains and facilitating investment opportunities;
Amendment 162 #
2022/2040(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13 b. Welcomes the commitment between the European Union and the United States to develop a Global Arrangement on Sustainable Steel and Aluminium, aimed at addressing issues of subsidies and overcapacity from non- market actors; Calls on the Commission to intensify its engagement with the United States on this arrangement;
Amendment 194 #
2022/2040(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20 a. Believes that the Global Gateway can play a key role in contributing to the EU’s bid to diversify its supply chains, particularly in the area of critical raw material processing projects; Highlights the benefits that this can bring to the EU, but also to third countries looking to develop their own values chains;
Amendment 9 #
2022/2008(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that the European industry and SMEs are the foundation of the EU and its success; emphasises that the twin transition needs the involvement of European industry; underlines the need to fully support the industrial sector and SMEs in the twin transition by providing them i.e. with easier access to finance; and sufficient funds and support for R&;D and innovation; a large scale change can only be achieved if the necessary incentives are provided for innovative climate and digital solutions.
Amendment 17 #
2022/2008(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Is concerned that both the current and the proposed EU legislation envisages too many administrative and bureaucratic hurdles for EU businesses; calls on the Commission to fully implement the principles of better regulation and ‘think small first’ in its legislative work, especially concerning the energy transition sector and export oriented economic areas;
Amendment 23 #
2022/2008(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. reiterates its position to the Commission from its resolution of December 16th 2020 to adopt a roadmap for better regulation; notes that several Member States have set quantitative targets of up to 30% for reduction of administrative burden and calls on the Commission to set ambitious and binding quantitative and qualitative targets of at least 30% reduction of regulatory burden.
Amendment 27 #
2022/2008(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Considers that for the EU to keep a prominent place in the world economy as well as regain a strong position in important global supply chains and to be competitive in open markets, every sector must receive sufficient support in developing its respective technological base, and in promoting theincreasing and facilitating research and innovation efforts carried out by public and private stakeholders;
Amendment 30 #
2022/2008(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Welcomes the intention of the Commission to issue guidance on public procurement; emphasises that public procurement is an indispensable instrument for national and economic security; stresses in this regard the need to signal to third countries that European public procurement markets will remain open whilst focusing efforts toward creating a level-playing field as well as toward limiting bureaucratic burdens for economic operators and contracting authorities.
Amendment 33 #
2022/2008(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses that the key European policy goals1 remain unchanged in spite of recent developments at international level; in particular in regard to Putin’s war in the Ukraine. _________________ 1 https://ec.europa.eu/info/priorities-and- goals_en.
Amendment 41 #
2022/2008(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls for further negotiations to secure future-oriented, modern trade agreements and to continue with the reform of the World Trade Organization; points out that trade and access to third markets are crucial in supporting the EU’s economic recovery due to the Covid pandemic and resilience, with the aim of strengthening the EU’s autonomy, diversifying its supply chains and guaranteeing its independence from any single producer, especially concerning raw and intermediate products and materials;
Amendment 49 #
2022/2008(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Strongly insists that the fight against illicit trade and the prevention of unfair competition, as well as strategic investment and takeovers by hostile actors, must remain a key priority in order to safeguard the EU industrial autonomy and competitiveness;
Amendment 64 #
2022/2008(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Calls on the Commission to commence negotiations on trade and cooperation agreements with possible international partners for the production and trade of sustainable hydrogen in order to ensure the future supply of renewable fuels of non-biological origin to the EU's industry, heating and transport sectors;
Amendment 68 #
2022/2008(INI)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8 b. Stresses the need to upgrade and expand the existing EU gas infrastructure, including the necessary terminals with sufficient capacity to enable the import and transport of ammonia and hydrogen across the Union in order to enable the hydrogen economy;
Amendment 219 #
2022/0411(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 17 – point a – point i
Article 1 – paragraph 1 – point 17 – point a – point i
Regulation (EU) 2017/1129
Article 19 – paragraph 1 – subparagraph 1 – introductory part
Article 19 – paragraph 1 – subparagraph 1 – introductory part
Information that is to be included in a prospectus pursuant to this Regulation and the delegated acts adopted on the basis of it, shallmay be incorporated by reference in that prospectus where it has been previously or simultaneously published electronically, drawn up in a language fulfilling the requirements of Article 27 and where it is contained in one of the following documents:;
Amendment 227 #
2022/0411(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 18 – point c
Article 1 – paragraph 1 – point 18 – point c
Regulation (EU) 2017/1129
Article 20 – paragraph 11 – introductory part
Article 20 – paragraph 11 – introductory part
The Commission is empowered to adopt, after consulting with ESMA, delegated acts in accordance with Article 44 to supplement this Regulation by specifying the criteria for the scrutiny of prospectuses, in particular the completeness, comprehensibility and consistency of the information contained therein, and the procedures for the approval of the prospectus, and all of the following:.
Amendment 228 #
2022/0411(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 18 – point c
Article 1 – paragraph 1 – point 18 – point c
Regulation (EU) 2017/1129
Article 20 – paragraph 11 – subparagraph 1 – point a
Article 20 – paragraph 11 – subparagraph 1 – point a
Amendment 229 #
2022/0411(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 18 – point c
Article 1 – paragraph 1 – point 18 – point c
Regulation (EU) 2017/1129
Article 20 – paragraph 11 – subparagraph 1 – point b
Article 20 – paragraph 11 – subparagraph 1 – point b
Amendment 230 #
2022/0411(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 18 – point c
Article 1 – paragraph 1 – point 18 – point c
Regulation (EU) 2017/1129
Article 20 – paragraph 11 – subparagraph 1 – point c
Article 20 – paragraph 11 – subparagraph 1 – point c
Amendment 234 #
2022/0411(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 18 – point d
Article 1 – paragraph 1 – point 18 – point d
Regulation (EU) 2017/1129
Article 20 – paragraph 13
Article 20 – paragraph 13
d) paragraph 13 is replaced by the following: 13. Regulation (EU) No 1095/2010, ESMA shall organise and conduct, at least once every 3 years, one peer review of the scrutiny and approval procedures of competent authorities, including notifications of approval between competent authorities. The peer review shall also assess the impact of different approaches with regard to scrutiny and approval by competent authorities on issuers’ ability to raise capital in the Union. The report on the peer review shall be published by [3 years after the date of entry into force of this amending Regulation] and every 3 years thereafter. In the context of the peer review, ESMA shall take into account the advice from the Securities and Markets Stakeholder Group referred to ineleted Without prejudice to Article 370 of Regulation (EU) No 1095/2010.;
Amendment 294 #
2022/0411(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9 – point a
Article 2 – paragraph 1 – point 9 – point a
Regulation (EU) No 596/2014
Article 25 – paragraph 1 a
Article 25 – paragraph 1 a
Amendment 308 #
2022/0411(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
Regulation (EU) No 596/2014
Article 25b – paragraph 1
Article 25b – paragraph 1
1. ESMA may, on its own initiative or at the request of one or more competent authorities, in the case of justified serious concerns about market integrity or the goodorderly functioning of markets, set up and coordinate a collaboration platform, provided that such a platform is necessary for the exchange of information between relevant competent authorities.
Amendment 309 #
2022/0411(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
Regulation (EU) No 596/2014
Article 25b – paragraph 3 – subparagraph 1
Article 25b – paragraph 3 – subparagraph 1
Where two or more competent authorities of a collaboration platform disagree about the procedure or content of an action to be taken, or inaction, and where such action or inaction is related to imminent concerns about market integrity or the orderly functioning of markets, ESMA may, at the request of any relevant competent authority or on its own initiative, assist the competent authorities in reaching an agreement in accordance with Article 19(1) of Regulation (EU) No 1095/2010.
Amendment 310 #
2022/0411(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
Regulation (EU) No 596/2014
Article 25b – paragraph 3 – subparagraph 2
Article 25b – paragraph 3 – subparagraph 2
ESMA may also decide to initiate and coordinate on-site inspections. It shall invite the competent authority of the home Member State, at the request of one or more competent authorities of a collaboration platform, and subject to the consent of the competent authority of the Member State where the on-site inspection takes place, coordinate on-site inspections. The competent authority of the home Member State where the on-site inspection takes place may invite ESMA as well as other relevant competent authorities of the collaboration platform to participate in such on-site inspections. on its territory.
Amendment 311 #
2022/0411(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
Regulation (EU) No 596/2014
Article 25b – paragraph 3 – subparagraph 3
Article 25b – paragraph 3 – subparagraph 3
ESMA may also, at the request of one or more competent authorities, set up a collaboration platform jointly with ACER and the public bodies monitoring wholesale commodity markets where the concerns about market integrity and the goodorderly functioning of markets affect both financial and spot markets.;
Amendment 321 #
2022/0411(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 16 – point a
Article 2 – paragraph 1 – point 16 – point a
Regulation (EU) No 596/2014
Article 38 – introductory wording
Article 38 – introductory wording
By [510 years after entry into force of this amending Regulation], the Commission shall submit a report to the European Parliament and to the Council on the application of this Regulation, together with a legislative proposal to amend it if appropriate. That report shall assess, inter alia:;
Amendment 23 #
2022/0405(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Directive 2001/34/EC of the European Parliament and of the Council34 lays down rules concerning listing on Union markets. That Directive aims at coordinating the rules on the admission of securities to official stock exchange listing and on information to be published on those securities to provide equivalent protection for investors at Union level. That Directive also lays down the rules of the regulatory and supervisory framework for Union primary markets. In the course of the years, Directive 2001/34/EC has been amended significantly several times. Directives 2003/71/EC of the European Parliament and of the Council35 and Directive 2004/109/EC of the European Parliament and of the Council36 have replaced most of the provisions harmonising the conditions for the provision of information regarding requests for the admission of securities to official stock exchange listing and the information on securities admitted to trading, and have made large parts of Directive 2001/34/EC redundant. Directive 2001/34/EC as a minimum harmonisation Directive gives Member States a rather broad discretion to deviate from the rules laid down in that Directive, which has led to market fragmentation in the Union. To drive market harmonisation at Union level and create a single rule book, Directive 2001/34/EC shouldshould therefore be repealed. __________________ 34 Directive 2001/34/EC of the European Parliament and of the Council of 28 May 2001 on the admission of securities to official stock exchange listing and on information to be published on those securities (OJ L 184, 6.7.2001, p. 1). 35 Directive 2003/71/EC of the European Parliament and of the Council of 4 November 2003 on the prospectus to be published when securities are offered to the public or admitted to trading and amending Directive 2001/34/EC (OJ L 345, 31.12.2003, p. 64). 36 Directive 2004/109/EC of the European Parliament and of the Council of 15 December 2004 on the harmonisation of transparency requirements in relation to information about issuers whose securities are admitted to trading on a regulated market and amending Directive 2001/34/EC (OJ L 390, 31.12.2004, p. 38).
Amendment 25 #
2022/0405(COD)
Proposal for a directive
Recital 10
Recital 10
(10) The concept of admission of securities to official listing on stock exchanges provided for in Directive 2001/34/EC is no longer frequently used given market developments, as Directive 2014/65/EU already provides for the concept of ‘admission of financial instruments to trading on a regulated market’. TWhile in some Member States the two concepts ‘admission to official listing’ and ‘admission to trading on a regulated market’ are often used interchangeably, in someother Member States. That means that, in some Member States, no distinction is made between the the concept of ‘admission to official listing’ continues two concepts. Furthermore, the dual regimeplay an important role alongside the concept of ‘admission to trading, on the one hand, and admission to official listing, on the other hand, could lead to legal uncertainty at Union level, in particular, due to the fact that the requirements laid down in Directive 2003/71/EC, Directive 2004/109/EC and Directive 2014/57/EU of the European Parliament and of the Council38 do not apply to instruments admitted to official listing, while those requirements apply to instruments admitted to trading on a regulated marketa regulated market’, in particular by providing an alternative to issuers of securities, notably debt securities, who seek increased visibility but for whom admission to trading is not a relevant or viable option. The repeal of Directive 2001/34/EC by this Directive should be without prejudice to the validity and continuation of the regimes of ‘admission of securities to official listing’ on stock exchanges in Member States, as well as to Member States’ ability to provide for and regulate such regimes under national law. __________________ 38 Directive 2014/57/EU of the European Parliament and of the Council of 16 April 2014 on criminal sanctions for market abuse (market abuse directive) (OJ L 173, 12.6.2014, p. 179).
Amendment 8 #
2022/0404(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
Directive 2013/36/EU
Article 104 – paragraph 1
Article 104 – paragraph 1
Amendment 210 #
2022/0403(COD)
Proposal for a regulation
Recital 11
Recital 11
Amendment 214 #
2022/0403(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) It is necessary to explore additional means of enhancing the attractiveness of EU CCPs. This objective must be pursued while safeguarding the competitiveness of EU firms and upholding the freedom of choice for clearing market participants. To achieve a proportionate approach that bolsters EU capital markets, maintains financial stability, and strengthens the competitiveness of the Union's clearing system on a global scale, the implementation of an incentives regime is necessary to encourage businesses to move to EU CCPs.
Amendment 240 #
2022/0403(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) To ensure consistent harmonisation of rules and supervisory practice on applications for authorisation, extension of authorisation and model validations the active account requirement and the CCP participation requirements, the Commission should be empowered to adopt regulatory technical standards developed by ESMA with regard to the following: the documents CCPs are required to submit when applying for authorisation, extension of authorisation and validation of model changes; the proportion of activity in the relevant derivative contracts that should be held in active accounts at Union CCPs and the calculation methodology to be used to calculate that proportion; the scope and details of the reporting by Union clearing members and clients to their competent authorities on their clearing activity in third-country CCPs and whilst providing the mechanisms triggering a review of the values of the clearing thresholds following significant price fluctuations in the underlying class of OTC derivatives to also review the scope of the hedging exemption and thresholds for the clearing obligation to apply; and the elements to be considered when laying down the admission criteria to a CCP. The Commission should adopt those regulatory technical standards by means of delegated acts pursuant to Article 290 of the Treaty on the Functioning of the European Union (TFEU) and in accordance with Articles 10 to 14 of Regulation (EU) No 1095/2010.
Amendment 254 #
2022/0403(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) No 648/2012
Article 7 a (new)
Article 7 a (new)
Amendment 476 #
2022/0396(COD)
Proposal for a regulation
Recital 69
Recital 69
(69) Certain uses of single use transport packaging formats are not necessary, as there is a wide range of well-functioning reusable alternatives. In order to ensure that such alternatives are effectively used, it is appropriate to require economic operators, when transporting products between different sites of the same economic operator or between the economic operator and the linked or partner enterprises, to use only reusable transport packaging with respect to packaging formats such as pallets, foldable plastic boxes, plastic crates, intermediate bulk containers, both rigid and flexible, or drums that are not in contact with food. The same obligation should, for the same reasons, apply to economic operators transporting products within one Member State.
Amendment 1195 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 3 – point b
Article 7 – paragraph 3 – point b
(b) contact sensitive plastic packaging of medical devices, or devices exclusively destined for research use and investigational devices covered by Regulation (EU) 2017/745;
Amendment 1210 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3a. sales packaging of supplies of medical technologies and related parts covered by Article 117 of Regulation (EU) 2017/745 (f) sales packaging of supplies, components, raw materials, converted materials, packaging materials, cleanroom clothing systems, accessories, and parts for the manufacture of medicinal products under Directive 2001/83/EC and under Regulation (EU) 2019/6 for veterinary medicinal products where such packaging is needed to be in line with the quality standards of the medicinal product.
Amendment 1581 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 8 a (new)
Article 11 – paragraph 8 a (new)
8a. Packaging that has been marketed prior to the dates mentioned in paragraphs 1, 2, 5 and 6 of this Article shall be marketed until their end of life.
Amendment 1895 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 5 – introductory part
Article 26 – paragraph 5 – introductory part
5. The manufacturer and the final distributor making available on the market within the territory of a Member State in sales packaging alcoholic beverages in thDistributors have the obligation to facilitate the operation of re-use form of wine, with the exception of sparkling wine, shall ensure that: recycling.
Amendment 1897 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 5 – point a
Article 26 – paragraph 5 – point a
Amendment 1904 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 5 – point b
Article 26 – paragraph 5 – point b
Amendment 1938 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 7 – introductory part
Article 26 – paragraph 7 – introductory part
7. Economic operators using transport packaging in the form of pallets, plastic crates, foldable plastic boxes, pails and or drums that are not in contact with food. for the conveyance or packaging of products in conditions other than provided for under paragraphs 12 and 13 shall ensure that:
Amendment 1988 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 9 – point a
Article 26 – paragraph 9 – point a
(a) from 1 January 20305, 10 % of such packaging used is reusable packaging within a system for re-use;
Amendment 1999 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 9 – point b
Article 26 – paragraph 9 – point b
(b) from 1 January 20405, 30 % of such packaging used for transport is reusable packaging within a system for re-use;
Amendment 2042 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 12 – subparagraph 2
Article 26 – paragraph 12 – subparagraph 2
This obligation applies to pallets, boxes, excluding cardboard, trays, plastic crates, intermediate bulk containers, drums that are not in contact with food and canisters, of all sizes and materials, including flexible formats.
Amendment 2073 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 13 – subparagraph 2
Article 26 – paragraph 13 – subparagraph 2
This obligation applies to pallets, boxes, excluding cardboard, plastic crates intermediate bulk containers, andor drums that are not in contact with food, of all sizes and materials, including flexible formats.
Amendment 53 #
2022/0345(COD)
Proposal for a directive
Recital 2
Recital 2
(2) Directive 91/271/EEC sets the legal framework for the collection, treatment and discharge of urban wastewater and the discharge of biodegradable wastewaters from certain industrial sectors. Its objective is to protect the environment from being adversely affected by insufficiently treated urban wastewater discharges. This Directive should continue to pursue the same objective, whilst also contributing to the protection of public health, when for instance urban wastewater is discharged in bathing waters or in water bodies used for the abstraction of drinking water, or when urban wastewater is used as an indicator for parameters relevant for public health. It should also improve access to sanitation and to key information related to the governance of the urban wastewater collection and treatment activities. Finally, this Directive should contribute to the progressive eliminareduction of greenhouse gas (GHG) emissions from urban wastewater collection and treatment activities, notably by further reducing nitrogen emissions but also by promoting energy efficiency and production of renewable energies, and thus should contribute to the 2050 objective of Climate Neutrality established under Regulation (EU) 2021/1119 of the European Parliament and of the Council37. _________________ 37 Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) (OJ L 243, 9.7.2021, p. 1).
Amendment 60 #
2022/0345(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Small agglomerations constitute a significant pressure on 11 % of the surface water bodies in the Union39. To better tackle the pollution from such agglomerations, and to prevent discharges of untreated urban wastewater into the environment, the scope of this Directive should include all agglomerations of 12 000population equivalent (p.e.) and above. _________________ 39 EEA report, European waters: Assessment of status and pressures 2018, No 7/2018.
Amendment 65 #
2022/0345(COD)
Proposal for a directive
Recital 5
Recital 5
(5) In order to ensure effective treatment of urban wastewater before discharge into the environment, all urban wastewaters from agglomerations of 12 000 p.e. and above should be collected in centralised collecting systems. Where such systems are already in place, Member States should ensure that all sources of urban wastewater are connected to them.
Amendment 86 #
2022/0345(COD)
Proposal for a directive
Recital 8
Recital 8
(8) In order to ensure that the integrated urban wastewater management plans are cost-effective, it is important that they are based on best practices in advanced urban areas. Therefore, the measures to be considered should be based on a thorough analysis of the local conditions and should favour a preventive approach aiming at limiting the collection of unpolluted rain waters and optimising the use of existing infrastructures. With a preference for ‘green’ developments, new grey infrastructures should only be envisaged where absolutely necessary. In order to protect the environment, in particular the coastal and marine environment, and public health from being adversely affected by the discharge of insufficiently treated urban wastewater, secondary treatment should be applied to all discharges of urban wastewater from agglomerations of 12 000 p.e. and above.
Amendment 110 #
2022/0345(COD)
Proposal for a directive
Recital 13
Recital 13
(13) The quaternary treatment necessary to remove micro-pollutants from urban wastewater will imply additional costs, such as costs related to monitoring and new advanced equipment to be installed in certain urban wastewater treatment plants. In order to cover these additional costs and in accordance with the polluter-pays principle expressed in Article 191(2) of the Treaty on the Functioning of the European Union (TFEU), it is essential that the producers placing on the Union market products containing substances which, at the end of their life, are found as micro- pollutants in urban wastewaters (‘micro- pollutant substances’) take responsibility for the additional treatment required to remove those substances, generated in the context of their professional activities. A system of extended producer responsibility is the most appropriate means to achieve this, as it would limit the financial impact on the taxpayer and water tariff, while providing an incentive to develop greener products. Pharmaceuticals and cosmetic residues currently represent the main sources of micro-pollutants found in urban wastewater requiring an additional treatment (quaternary treatment). Therefore, extended producer responsibility should apply to those two product groups. The list of product groups should be adapted, if and as necessary, in the future in line with scientific and technological development, the evolution of the range of products placed on the market and new data from monitoring.
Amendment 129 #
2022/0345(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Exonerations from the extended producer responsibility obligations should nevertheless be possible where products are placed on the market in small quantities, i.e. less than 2 tonnes of products, since the additional administrative burden for the producer would in such cases be disproportionate compared to the environmental benefits. Exonerations should also be possible when the producer can demonstrate that no micro-pollutants are generated at the end of life of a product. It might be the case for instance where it can be proven that the residues from a product are inherently biodegradable or rapidly biodegradable in the wastewaters and the environment or not reaching the urban wastewater treatment plants. The Commission should be empowered to adopt implementing acts to establish detailed criteria to identify the products placed on the market that do not generate micro-pollutants in wastewaters at the end of their life. When developing these criteria, the Commission should take into account scientific or other available technical information, including relevant international standards.
Amendment 180 #
2022/0345(COD)
Proposal for a directive
Recital 24
Recital 24
(24) In order to protect the environment and human health, Member States should identify the risks caused by urban wastewaters management. As such, control at source should be promoted to prevent pollution in urban wastewater. On the basis of that identification, and where necessary to comply with the requirements of the Union water legislation, Member States should take more stringent measures for the urban wastewater collection and treatment than the measures required to comply with the minimum requirements set out in this Directive. Depending on the situation, those more stringent measures can include, inter alia, the establishment of collecting systems, the development of integrated urban wastewater management plans or the application of secondary, tertiary or quaternary treatment to urban wastewater for agglomerations or urban wastewater treatment plants that do not reach the p.e. thresholds triggering the application of the standard requirements. They can also include more advanced treatment than the treatment necessary to respect the minimum requirements or disinfection of treated urban wastewaters necessary to comply with Directive 2006/7/EC of the European Parliament and of the Council55. _________________ 55 Directive 2006/7/EC of the European Parliament and of the Council of 15 February 2006 concerning the management of bathing water quality and repealing Directive 76/160/EEC (OJ L 64, 4.3.2006, p. 37).
Amendment 239 #
2022/0345(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive lays down rules on the collection, treatment, and discharge of urban wastewater , to protect the environment and human health while progressively eliminatreducing greenhouse gas emissions to sustainable levels and improving the energy balance of urban wastewater collection and treatment activities. It also lays down rules on access to sanitation, on transparency of the urban wastewater sector and on the regular surveillance of public health relevant parameters in urban wastewaters .
Amendment 255 #
2022/0345(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) 'agglomeration' means an area of permanent or seasonal housing of 50 p.e. per hectare or above and where the pollution load of urban wastewater is sufficiently concentrated (10 p.e. per hectare or above) for urban wastewater to be collected and conducted to an urban wastewater treatment plant or to a final discharge point;
Amendment 256 #
2022/0345(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) 'agglomeration' means an area where the pollution load of urban wastewater is sufficiently concentrated (150 p.e. per hectare or above) in the area of permanent housing for urban wastewater to be collected and conducted to an urban wastewater treatment plant or to a final discharge point;
Amendment 270 #
2022/0345(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) 'storm water overflow’ means discharge of untreated urban wastewater in receiving waters from combined sewers caused by excessive rainfall;
Amendment 366 #
2022/0345(COD)
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) all their sources of domestic wastewater are connected to the collecting system whereby the connections will provide an environmental benefit.
Amendment 375 #
2022/0345(COD)
Proposal for a directive
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
2. By 31 December 2030, Member States shall ensure that all agglomerations with a p.e. of between 1 000 andabove 2 000 comply with the following requirements:
Amendment 378 #
2022/0345(COD)
Proposal for a directive
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
(b) all their sources of domestic wastewater are connected to the collecting system whereby the connections will provide an environmental benefit.
Amendment 390 #
2022/0345(COD)
Proposal for a directive
Article 4 – paragraph 2 – subparagraph 1
Article 4 – paragraph 2 – subparagraph 1
Member States shall ensure that individual systems are designed, operated and maintained in a manner that ensures at least the same level of treatment as the secondary and tertiary treatments referred to in Articles 6 and 7 or the standards set under 2000/60/EC.
Amendment 400 #
2022/0345(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The Commission is empowered to adopt delegated acts in accordance with the procedure referred to in Article 27 to supplement this Directive byMember States shall establishing minimum requirements on the design, operation, and maintenance of individual systems and by specifyingshall establish the requirements for the regular inspections referred to in paragraph 2, second subparagraph. The Commission shall provide guidance on the abovementioned minimum requirements on the design, operation, and maintenance of individual systems across Europe.
Amendment 407 #
2022/0345(COD)
Proposal for a directive
Article 4 – paragraph 4 – point c
Article 4 – paragraph 4 – point c
Amendment 414 #
2022/0345(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. By 31 December 20307, Member States shall ensure that an integrated urban wastewater management plan is established for agglomerations of 100 000 p.e. and above.
Amendment 420 #
2022/0345(COD)
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1 – introductory part
Article 5 – paragraph 2 – subparagraph 1 – introductory part
By 31 December 20325, Member States shall establish a list of agglomerations of between 10 000 p.e. and 100 000 p.e. where, considering historic data and state- of-the-art climate projections, one or more of the following conditions apply:
Amendment 426 #
2022/0345(COD)
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1 – point b
Article 5 – paragraph 2 – subparagraph 1 – point b
Amendment 446 #
2022/0345(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. By 31 December 203542, Member States shall ensure that an integrated urban wastewater management plan is established for agglomerations referred to in paragraph 2.
Amendment 467 #
2022/0345(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. For agglomerations of between 1 0500 p.e. and 2 000 p.e., Member States shall ensure that urban wastewater entering collecting systems is subject to secondary treatment, where there is a clear environmental need, in accordance with paragraph 3 or an equivalent treatment before discharge by 31 December 20307.
Amendment 469 #
2022/0345(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. For agglomerations of between 1 000 p.e. andabove 2 000 p.e., Member States shall ensure that urban wastewater entering collecting systems is subject to secondary treatment in accordance with paragraph 3 or an equivalent treatment before discharge by 31 December 2030.
Amendment 476 #
2022/0345(COD)
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
By 31 December 20307, Member States shall ensure that discharges from 50 % of urban wastewater treatment plants treating a load of 100 000 p.e. and above and not applying tertiary treatment on [OP please insert the date = the date of entry into force of this Directive] are subject to tertiary treatment in accordance with paragraph 4 where there is a an environmental need to be adressed.
Amendment 497 #
2022/0345(COD)
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
By 31 December 20325, Member States shall establish a list of areas on their territory that are sensitive to eutrophication and update that list every five years starting on 31 December 20307.
Amendment 503 #
2022/0345(COD)
Proposal for a directive
Article 7 – paragraph 3 – subparagraph 1
Article 7 – paragraph 3 – subparagraph 1
By 31 December 203542, Member States shall ensure that for 50 % of the agglomerations of between 10 000 p.e. and 100 000 p.e. that are discharging into areas included in the list referred to in paragraph 2 and not applying tertiary treatment on [OP please insert the date = the date of entry into force of this Directive] urban wastewater entering collecting systems is subject to tertiary treatment in accordance with paragraph 4 before discharge into those areas where there is an environmental need to be addressed.
Amendment 515 #
2022/0345(COD)
Proposal for a directive
Article 7 – paragraph 3 – subparagraph 2
Article 7 – paragraph 3 – subparagraph 2
By 31 December 20407, Member States shall ensure that urban wastewater entering collecting systems is subject to tertiary treatment in accordance with paragraph 4 before discharge into areas included in a list referred to in paragraph 2 with regard to all agglomerations of between 10 000 p.e. and 100 000 p.e. where there is an environmental need to be addressed.
Amendment 544 #
2022/0345(COD)
Proposal for a directive
Article 7 – paragraph 5 – point a
Article 7 – paragraph 5 – point a
(a) 82,5 % for total phosphorus and 80 % for total nitrogen by 31 December 203542;
Amendment 553 #
2022/0345(COD)
Proposal for a directive
Article 7 – paragraph 5 – point b
Article 7 – paragraph 5 – point b
(b) 90 % for total phosphorus and 85 % for total nitrogen by 31 December 20407.
Amendment 573 #
2022/0345(COD)
Proposal for a directive
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
By 31 December 20307, Member States shall ensure that 50 % of discharges from urban wastewater treatment plants treating a load of 100 000 p.e. and above are subject quaternary treatment in accordance with paragraph 5 where there is an environmental need to be addressed.
Amendment 596 #
2022/0345(COD)
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
On 31 December 20307, Member States shall haveundertake a risk assessment to established a list a list of areas on their national territory where the concentration or the accumulation of micro-pollutants represents a risk for human health or the environment. Member States shall review that list every five years thereafter and update it if necessary.
Amendment 628 #
2022/0345(COD)
Proposal for a directive
Article 8 – paragraph 4 – subparagraph 1
Article 8 – paragraph 4 – subparagraph 1
By 31 December 203542, Member States shall ensure that for 50 % of the agglomerations of between 10 000 p.e and 100 000 p.e., urban wastewater entering collecting systems is subject to quaternary treatment in accordance with paragraph 5 before discharge into areas included in a list referred to in paragraph 2.
Amendment 838 #
2022/0345(COD)
Proposal for a directive
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
1. Member States shall ensure that energy audits of urban wastewater treatment plants and collecting systems are carried out every four years. Those audits shall be carried out in accordance with Article 8 of Directive 2012/27/EU and include an identification of the potential for cost-effective use or production of renewable energy, with a particular focus to identify and utilise the potential for biogas production, while reducing methane emissions. The common methodology to carry out the audit shall be proposed by the Commission via delegated act, no later than one year after entry into force of this Directive. The first audits shall be carried out:
Amendment 845 #
2022/0345(COD)
Proposal for a directive
Article 11 – paragraph 1 – point a
Article 11 – paragraph 1 – point a
(a) by 31 December 20325 for urban wastewater treatment plants treating a load of 100 000 p.e. and above and the collecting systems connected to them;
Amendment 848 #
2022/0345(COD)
Proposal for a directive
Article 11 – paragraph 1 – point a
Article 11 – paragraph 1 – point a
(a) by 31 December 20257 for urban wastewater treatment plants treating a load of 100 000 p.e. and above and the collecting systems connected to them;
Amendment 853 #
2022/0345(COD)
Proposal for a directive
Article 11 – paragraph 1 – point b
Article 11 – paragraph 1 – point b
(b) by 31 December 20307 for urban wastewater treatment plants treating a load of between 10 000 p.e. and 100 000 p.e. and the collecting systems connected to them.
Amendment 854 #
2022/0345(COD)
Proposal for a directive
Article 11 – paragraph 1 – point b
Article 11 – paragraph 1 – point b
(b) by 31 December 20302 for urban wastewater treatment plants treating a load of between 10 000 p.e. and 100 000 p.e. and the collecting systems connected to them.
Amendment 864 #
2022/0345(COD)
Proposal for a directive
Article 11 – paragraph 2 – introductory part
Article 11 – paragraph 2 – introductory part
2. Member States shall ensure that the total annual energy from renewable sources, as defined in Article 2(1) of Directive (EU) 2018/2001, producgenerated at national level on- or off-site by urban wastewater treatment plants treating a load of 10 000 p.e. and above by their owners or their operators, or bought from external sources, is equivalent to at least:
Amendment 885 #
2022/0345(COD)
Proposal for a directive
Article 11 – paragraph 2 – point a
Article 11 – paragraph 2 – point a
(a) 50 % of the total annual energy used by such plants by 31 December 20307;
Amendment 927 #
2022/0345(COD)
Proposal for a directive
Article 11 a (new)
Article 11 a (new)
Article11a Renewable energy produced or financed by water operators and fed back into the grid or sold to other industries shall be taken into account with regards to the objectives referred to in paragraph 2.
Amendment 928 #
2022/0345(COD)
Proposal for a directive
Article 11 b (new)
Article 11 b (new)
Article11b Member States shall fast-track the approval procedures for renewable energy production used by wastewater treatment plants in line with the Net-Zero Industry Act.
Amendment 1003 #
2022/0345(COD)
Proposal for a directive
Article 17 – paragraph 4 – subparagraph 1
Article 17 – paragraph 4 – subparagraph 1
For agglomerations of 100 000 p.e. and above, Member States shall, by 1 January 202530, ensure that antimicrobial resistance is monitored at least twice a year at the inlets and outlets of urban wastewater treatment plants and, when relevant, in the collecting systems.
Amendment 1011 #
2022/0345(COD)
Proposal for a directive
Article 18 – paragraph 1 – introductory part
Article 18 – paragraph 1 – introductory part
1. By [OP please insert the date = the last day of the secondfourth year after the date of entry in force of this Directive], Member States shall identify the risks caused by urban wastewater discharges to the environment and human health and at least those related to the following:
Amendment 1021 #
2022/0345(COD)
Proposal for a directive
Article 18 – paragraph 2 – introductory part
Article 18 – paragraph 2 – introductory part
2. Where risks have been identified in accordance with paragraph 1, Member States shall adopt appropriate measures to address them, which shallmay include where appropriate the following measures:
Amendment 1027 #
2022/0345(COD)
Proposal for a directive
Article 18 – paragraph 2 – point a
Article 18 – paragraph 2 – point a
(a) establishing collecting systems in accordance with Article 3 for agglomerations with a p.e. of less than 12 000;
Amendment 1033 #
2022/0345(COD)
Proposal for a directive
Article 18 – paragraph 2 – point b
Article 18 – paragraph 2 – point b
(b) applying secondary treatment in accordance with Article 6 to discharges of urban wastewater from agglomerations with a p.e. of less than 12 000;
Amendment 1054 #
2022/0345(COD)
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
Without prejudice to the principles of subsidiarity and proportionality, whilst taking into account the local, regional and cultural perspectives and circumstances for sanitation, Member States shall take all necessary measures to improve access to sanitation for all, in particular for vulnerable and marginalised groups.
Amendment 1056 #
2022/0345(COD)
Proposal for a directive
Article 19 – paragraph 2 – introductory part
Article 19 – paragraph 2 – introductory part
For that purpose, Member States shall by 31 December 202730:
Amendment 1145 #
2022/0345(COD)
(a) by 31 December 20257, set up a data set containing information collected in accordance with Article 21 including information concerning the parameters referred to in Article 21(1), point (a), and the results of the tests with regard to the pass/fail criteria established in Part D of Annex I and update that data set annually thereafter;
Amendment 1146 #
2022/0345(COD)
Proposal for a directive
Article 22 – paragraph 1 – point b
Article 22 – paragraph 1 – point b
(b) by 31 December 20257, set up a data set indicating the percentage of urban wastewater which is collected and treated in accordance with Article 3 and update that data set annually thereafter;
Amendment 1147 #
2022/0345(COD)
Proposal for a directive
Article 22 – paragraph 1 – point c
Article 22 – paragraph 1 – point c
(c) by 31 December 20257, set up a data set containing information on measures taken to implement Article 4(4) and on the percentage of the urban wastewater load from agglomerations above 2 000 p.e. which is treated in individual systems and update that data set annually thereafter;
Amendment 1149 #
2022/0345(COD)
Proposal for a directive
Article 22 – paragraph 1 – point d
Article 22 – paragraph 1 – point d
(d) by 31 December 20257, set up a data set containing information on the number of samples collected and the number of samples taken in accordance with Part D of Annex I that have failed;
Amendment 1157 #
2022/0345(COD)
Proposal for a directive
Article 22 – paragraph 1 – point e
Article 22 – paragraph 1 – point e
(e) by 31 December 20257, set up a data set containing information on green house gas emissions with a breakdown between different gasses and on the total energy used and renewable energy produced by each urban wastewater treatment plant of 10 000 p.e. and above as well as a calculation of the percentage of achievement of the targets set out in Article 11(2) and update that data set annually thereafter;
Amendment 1158 #
2022/0345(COD)
Proposal for a directive
Article 22 – paragraph 1 – point f
Article 22 – paragraph 1 – point f
(f) by 31 December 20257, set up a data set containing information on measures taken in accordance with point 3 of Annex V and update that data set annually thereafter;
Amendment 1159 #
2022/0345(COD)
Proposal for a directive
Article 22 – paragraph 1 – point g
Article 22 – paragraph 1 – point g
(g) by 31 December 20257, set up a data set containing the monitoring results referred to in accordance with Article 17(1) and (4) and update that data set annually thereafter;
Amendment 1160 #
2022/0345(COD)
Proposal for a directive
Article 22 – paragraph 1 – point h
Article 22 – paragraph 1 – point h
(h) by 31 December 20257, set up a data set containing the list of areas identified as sensitive to eutrophication in accordance with Article 7(2) and update that data set every 5 years thereafter;
Amendment 1163 #
2022/0345(COD)
Proposal for a directive
Article 22 – paragraph 1 – point i
Article 22 – paragraph 1 – point i
(i) by 31 December 20302, set up a data set containing the list of areas identified as areas where the concentration or the accumulation of micro-pollutant represents a risk for human health or the environment in accordance with Article 8(2) and update that data set every 5 years thereafter;
Amendment 1164 #
2022/0345(COD)
Proposal for a directive
Article 22 – paragraph 1 – point j
Article 22 – paragraph 1 – point j
(j) by 12 January 202931, set up a data set containing information on measures taken to improve access to sanitation in accordance with Article 19, including information on the share of their population that has access to sanitation and update that data set every 6 years thereafter.
Amendment 1169 #
2022/0345(COD)
Proposal for a directive
Article 23 – paragraph 1 – subparagraph 1
Article 23 – paragraph 1 – subparagraph 1
By [OP please insert date = the last day of the twenty-thirdforty-seventh month after the date of entry into force of this Directive], Member States shall establish a national implementation programme for this Directive.
Amendment 1179 #
2022/0345(COD)
Proposal for a directive
Article 23 – paragraph 2
Article 23 – paragraph 2
2. By …[OP: please insert the date = the last day of the thirty-fiffifty-ninth month after the date of entry into force of this Directive], Member States shall submit to the Commission their national implementation programmes, except where they demonstrate, based on the monitoring results referred to in Article 21, that they are in compliance with Articles 3 to 8.
Amendment 1184 #
2022/0345(COD)
Proposal for a directive
Article 24 – paragraph 1 – subparagraph 1
Article 24 – paragraph 1 – subparagraph 1
Member States shall ensure that adequate and up-to-date information on urban wastewater collection and treatment is available to the public online, for agglomerations greater than 2 000 p.e in a user- friendly and customised way, in each agglomeration, 2 years after the date of entry into force of this Directive. The information shall include at least the data listed in Annex VI.
Amendment 1192 #
2022/0345(COD)
Proposal for a directive
Article 24 – paragraph 2 – introductory part
Article 24 – paragraph 2 – introductory part
2. In addition, Member States shall ensure that all persons connected to collecting systems in agglomerations greater than 2 000 p.e., receive regularly and at least once a year, in the most appropriate form, including on their invoice or by smart applications, without having to request it, the following information:
Amendment 1343 #
2022/0345(COD)
Proposal for a directive
Annex V – point 2 – point a – paragraph 1
Annex V – point 2 – point a – paragraph 1
an indicative objective that storm water overflow, represents no more than 1 % of the annual collected urban wastewater load calculated in dry weather condi specific objective of reduction of pollution from storm water overflows shall be established in the Integrated urban wastewater management plans, according to the local needs of environmental protections;
Amendment 1353 #
2022/0345(COD)
Proposal for a directive
Annex V – point 2 – point a – paragraph 2 – point i
Annex V – point 2 – point a – paragraph 2 – point i
(i) 31 December 203542 for all agglomerations of 100 000 p.e. and above;
Amendment 1358 #
2022/0345(COD)
Proposal for a directive
Annex V – point 2 – point b
Annex V – point 2 – point b
(b) the progressive eliminareduction of untreated discharges of urban runoff through separate collection networks, unless it can be demonstrated that those discharges do not cause adverse impacts on the quality of receiving waters;
Amendment 151 #
2022/0341(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 260/2012
Article 5a – paragraph 4 – subparagraph 1
Article 5a – paragraph 4 – subparagraph 1
PSPs as referred to in paragraph 1 that are located in a Member State whose currency is the euro shall offer PSUs the service of receiving instant credit transfers in euro by … [PO please insert the date = 618 months after the date of entry into force of this Regulation], and the service of sending instant credit transfers in euro by … [PO please insert the date = 124 months after the date of entry into force of this Regulation].
Amendment 162 #
2022/0341(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
(4a) For the purpose of ensuring compliance with Directive (EU) 2015/849 (replace with the reference to the future AML regulation once adopted) and preventing financial crime, the obligation to perform instant credit transfers under the present Regulation shall not be required for any transactions and situations involving potential higher risk factors activities cases where enhanced due diligence is required under Article 18 of Directive (EU) 2015/849.Transactions falling under factors and activities listed under Annex III of Directive (EU) 2015/849 shall be exempted from the obligation to send and receive instant credit transfers.
Amendment 172 #
2022/0341(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
PSPs located in a Member State whose currency is the euro shall comply with this Article by …[ PO please insert the date = 618 months after the date of entry into force of this Regulation].
Amendment 237 #
2022/0341(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 265/2012
Article 5c – paragraph 6 – subparagraph 1
Article 5c – paragraph 6 – subparagraph 1
PSPs located in a Member State whose currency is the euro shall comply with this Article by …[ PO please insert the date = 132 months after the date of entry into force of this Regulation].
Amendment 128 #
2022/0269(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) As a member of the World Trade Organisation (WTO), the Union is committed to promoting a rules-based, open, multilateral trading system under the WTO. Any measures introduced by the Union that affect trade must be WTO compliant. Further, all measures introduced by the Union that affect trade must take into account the possible response of the Union’s trade partners and ensure that the enforcement of the measure is not perceived as a unilateral protectionist measure.
Amendment 148 #
2022/0269(COD)
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) Taking into account that this Regulation breaches the European Parliament's and Commission's interinstitutional agreement on Better Law-Making by excluding an impact assessment, and thus lacks significant estimates needed to evaluate cost-benefit, the one-in, one-out principle, and WTO compatibility amongst other things, the Commission should create an impact assessment six months after the Regulation's entry into force. The Commission should also submit a comprehensive report to the European Parliament and to the Council on the impact of the Regulation, three years after its applicability. The report shall evaluate the effectiveness of this Regulation in reaching its objectives, in particular, its impact on the eradication of forced labour.
Amendment 151 #
2022/0269(COD)
Proposal for a regulation
Recital 18 b (new)
Recital 18 b (new)
(18b) Given that this Regulation will impose additional compliance costs on economic operators, action needs to be taken to prevent the total level of regulatory and financial burden from increasing. Therefore, in line with the Commission's Better Regulation agenda, and the 'one in, one out' principle, the Commission should present, before the application of this Regulation, proposals offsetting the regulatory and financial burdens introduced by this Regulation, through the revision or abolishment of provisions in other Union legislative acts that generate compliance costs for economic operators.
Amendment 170 #
2022/0269(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Before initiating an investigation, competent authorities should request from the economic operators under assessment information on actions taken to mitigate, prevent or bring to an end risks of forced labour in their operations and valuesupply chains with respect to the products under assessment. Carrying out such due diligence in relation to forced labour should help the economic operator to be at a lower risk of having forced labour in its operations and valuesupply chains. Appropriate due diligence means that forced labour issues in the valuesupply chain have been identified and addressed in accordance with relevant Union legislation and international standards. That implies that where the competent authority considers that there is no substantiated concern of a violation of the prohibition, for instance due to, but not limited to the applicable legislation, guidelines, recommendations or any other due diligence in relation to forced labour being applied in a way that mitigates, prevents and brings to an end the risk of forced labour, no investigation should be initiated.
Amendment 173 #
2022/0269(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) In order to ensure cooperation among competent authorities designated under this and other relevant legislation and in order to ensure consistency in their actions and decisions, competent authorities designated under this Regulation should request information from other relevant authorities, where necessary, on whether economic operators under assessment are subject to and carry out due diligence in relation to forced labour in accordance with applicable Union legislation or Member States legislation setting out due diligence and transparency requirements with respect to forced labour. When requesting information from economic operators, competent authorities should follow the Commission’s Once-Only principle, through increased cooperation and dialogue between authorities who are engaged in overseeing product regulation. An economic operator should not have to submit the same information more than once.
Amendment 185 #
2022/0269(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) During the preliminary phase of investigation, competent authorities should focus on the economic operators involved in the steps of the valuesupply chain where there is a higher risk of forced labour with respect to the products under investigation, also taking into account their size and economic resources, the quantity of products concerned and the scale of the suspected forced labour.
Amendment 188 #
2022/0269(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Competent authorities, when requesting information during the investigation, should prioritise to the extent possible and consistent with the effective conduct of the investigation the economic operators under investigation that are involved in the steps of the valuesupply chain as close as possible to where the likely risk of forced labour occurs and take into account the size and economic resources of the economic operators, the quantity of products concerned, as well as the scale of suspected forced labour.
Amendment 204 #
2022/0269(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) Competent authorities that establish that economic operators violated the prohibition, should without delay prohibit the placing and making available of such products on the Union market and their export from the Union, and require the economic operators that have been investigated to withdraw the relevant products already made available from the Union market and have them recycled, or should this not be possible destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management. Agricultural products that cannot be recycled, should be donated, or, should this not be possible, destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management.
Amendment 219 #
2022/0269(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) If the economic operators fail to comply with the decision of the competent authorities by the end of the established timeframe, the competent authorities should ensure that the relevant products are prohibited from being placed or made available on the Union market, exported or withdrawn from the Union market and that any such products remaining with the relevant economic operators are recycled, or should this not be possible destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management at the expense of the economic operators. Agricultural products that cannot be recycled, should be donated, or, should this not be possible, destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management.
Amendment 238 #
2022/0269(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) The Commission should issue guidelines in order to facilitate the implementation of the prohibition by economic operators and competent authorities. Such guidelines should include guidance on due diligence in relation to forced labour and complementary information for the competent authorities to implement the prohibition. The guidance on due diligence in relation to forced labour should build on the Guidance on due diligence for Union businesses to address the risk of forced labour in their operations and supply chains published by the Commission and the European External Action Service in July 2021. The guidelines should be consistent with other Commission guidelines in this regard and relevant international organisations’ guidelines. The guidelines should include sectoral guidance such as the garment and textile sector, agri-sector and automotive sector, as well as type of supplier such as wholesale, manufacture or smallholder farm. The reports from international organisations, in particular the ILO, as well as other independent and verifiable sources of information should be considered for the identification of risk indicators.
Amendment 256 #
2022/0269(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) Where the competent authorities conclude that a product corresponds to a decision establishing a violation of the prohibition, they should immediately inform customs authorities which should refuse its release for free circulation or export. The product should be recycled, or should this not be possible destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including legislation on waste management, which excludes re-export in case of non-Union goods. . Agricultural products that cannot be recycled, should be donated, or, should this not be possible, destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including legislation on waste management.
Amendment 263 #
2022/0269(COD)
Proposal for a regulation
Recital 37 a (new)
Recital 37 a (new)
(37a) The Commission should take into due consideration the risk of disengagement by economic operators who are either related to products, regions or production sites in the data base, or who have had their product removed from the Union market, as well as the consequences on affected workers. The Commission should therefore, where appropriate, support economic operators in adopting and carrying out measures suitable and effective for bringing forced labour to an end.
Amendment 272 #
2022/0269(COD)
Proposal for a regulation
Recital 42 a (new)
Recital 42 a (new)
(42a) With acknowledgment of current developments in traceability technology and the use of blockhain to facilitate monitoring of supply chains, the Commission should support economic operators in the uptake of such technology, including through financial and technical assistance.
Amendment 282 #
2022/0269(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) Since forced labour is a global problem and given the interlinkages of the global value chains, it is necessary to promote international cooperation against forced labour, which would also improve the efficiency of applying and enforcing the prohibition. The Commission should as appropriately cooperate with and exchange information with authorities of third countries and international organisations to create enabling environments to promote and protect human rights, including capacity building to support workers and local communities in their efforts to root out forced labour from global supply chains and enhance the effective implementation of the prohibition. International cooperation with authorities of non-EU countries should take place in a structured way as part of the existing dialogue structures, for example Human Rights Dialogues with third countries, or, if necessary, specific ones that will be created on an ad hoc basis. The Commission should further integrate this Regulation with existing trade measures such as free trade agreements and the Generalised Scheme of Preferences, to enhance the cumulative effect of EU trade measures in eradicating forced labour. This means that in the case where a product has been found to have forced labour, it cannot qualify for GSP tariff reduction. Furthermore, if third country authorities are found to be non-cooperative, or not taking measures to end forced labour within their national borders, the Commission should evaluate whether they should benefit from existing GSP trade facilitation. The Commission should ensure coherence and synergies between relevant external policies, in particular development cooperation and projects focusing on the eradication of forced labour.
Amendment 291 #
2022/0269(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation lays down rules prohibiting economic operators from placing and making available on the Union market or exporting from the Union market products made with forced labour. This Regulation contributes to the fight against forced labour and promotes corporate sustainability due diligence standards.
Amendment 298 #
2022/0269(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Regulation shall not cover the withdrawal of products which have reached the end-users in the Union market, or been transformed or integrated into another product and constitute minor component of the final product.
Amendment 334 #
2022/0269(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point h
Article 2 – paragraph 1 – point h
(h) ‘economic operator’ means any natural or legal person or association of personsbusiness with more than 1000 employees on average and a worldwide net turnover exceeding EUR 150 million in the financial year preceding the last financial year who is placing or making available products on the Union market or exporting products;
Amendment 352 #
2022/0269(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point n
Article 2 – paragraph 1 – point n
(n) ‘substantiated concern’ means a well-founded reason, based on objective, factual and verifiable information, for the competent authorities to suspect that products were likely made with forced labour;
Amendment 355 #
2022/0269(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point r – point 1 (new)
Article 2 – paragraph 1 – point r – point 1 (new)
1) 'supply chain' means the network of organizations that cooperate to transform raw materials into finished goods (including the extraction, harvest, production or manufacturing)
Amendment 373 #
2022/0269(COD)
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Competent authorities shall follow a risk-based approach in assessing the likelihood that economic operators violated Article 3. That assessment shall be based on all relevant, factual and verifiable information available to them, including the following information:
Amendment 385 #
2022/0269(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. In their assessment of the likelihood that economic operators violated Article 3, competent authorities shall focus on the economic operators involved in the steps of the valuesupply chain as close as possible to where the risk of forced labour is likely to occur and take into account the size and economic resources of the economic operators, the quantity of products concerned, the complexity of the supply chain as well as the scale of suspected forced labour.
Amendment 393 #
2022/0269(COD)
Proposal for a regulation
Article 4 – paragraph 3 – introductory part
Article 4 – paragraph 3 – introductory part
3. Before initiating an investigation in accordance with Article 5(1), the competent authority shall request from the economic operators under assessment information on actions taken to identify, prevent, mitigate or bring to an end risks of forced labour in their operations and valuesupply chains with respect to the products under assessment, including on the basis of any of the following:
Amendment 394 #
2022/0269(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point a a (new)
Article 4 – paragraph 3 – point a a (new)
(aa) any industry scheme, third-party audit or certification from the economic operators' suppliers that guarantees the absence of forced labour;
Amendment 399 #
2022/0269(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Economic operators shall respond to the request of the competent authority referred to in paragraph 3 within 1530 working days from the day they received such request or make a justified request for an extension of that time limit. Economic operators may provide to competent authorities any other information they may deem useful for the purposes of this Article.
Amendment 424 #
2022/0269(COD)
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. The competent authority shall duly take into account where the economic operator demonstrates that it carries out due diligence on the basis of identified forced labour impact in its supply chain, adopts and carries out measures suitable and effective for bringing to an end forced labour in a short period of timetheir supply chain.
Amendment 458 #
2022/0269(COD)
Proposal for a regulation
Article 5 – paragraph 3 – point a
Article 5 – paragraph 3 – point a
(a) prioritise the economic operators under investigation involved in the steps of the valuesupply chain as close as possible to where the likely risk of forced labour occurs and
Amendment 462 #
2022/0269(COD)
(b) take into account the size and economic resources of the economic operators, the quantity of products concerned, the complexity of the supply chain as well as the scale of suspected forced labour.
Amendment 476 #
2022/0269(COD)
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
5. When deciding on the time limits referred to in this Article, competent authorities shall consider the size and economic resources of the economic operators concerned as well as the complexity of the supply chain.
Amendment 488 #
2022/0269(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Competent authorities shall assess all information and evidence gathered pursuant to Articles 4 and 5 and, on that basis, establish and duly motivate whether Article 3 has been violated, within a reasonable period of time from the date they initiated the investigation pursuant to Article 5(1).
Amendment 492 #
2022/0269(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 505 #
2022/0269(COD)
Proposal for a regulation
Article 6 – paragraph 4 – point a
Article 6 – paragraph 4 – point a
(a) a prohibition to place or make the products or product component concerned available on the Union market and to export them;
Amendment 508 #
2022/0269(COD)
Proposal for a regulation
Article 6 – paragraph 4 – point b
Article 6 – paragraph 4 – point b
(b) an order for the economic operators that have been subject to the investigation to withdraw from the Union market the relevant products or product component that have already been placed or made available on the market;
Amendment 512 #
2022/0269(COD)
Proposal for a regulation
Article 6 – paragraph 4 – point c
Article 6 – paragraph 4 – point c
(c) an order for the economic operators that have been subject to the investigation to dispose of the respective products in accordance with national law consistent with Union law or to remove or replace the component of the product that was made with forced labour.
Amendment 542 #
2022/0269(COD)
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
6. Where competent authorities establish that economic operators have provided evidence to the competent authorities that they have complied with the decision referred to in paragraph 4, and that they have eliminatedadopted appropriate measures to address the risk of forced labour fromin their operations or supply chain or remediated forced labour cases in compliance with the Directive of the European Parliament and of the Council on Corporate Sustainability Due Diligence and amending Directive (EU) 2019/1937 with respect to the products concerned, the competent authorities shall withdraw their decision for the futurelift the market prohibition immediately and inform the economic operators of this decision.
Amendment 553 #
2022/0269(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) the findings of the investigation and the information underpinning the findings;evidence that justifies the decision.
Amendment 579 #
2022/0269(COD)
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Economic operators that have been affected by a decision of a competent authority pursuant to this Regulation shall have access to a court to review the procedural and substantive legality of the decision. Economic operators shall be entitled to compensation or damages for the prohibition, withdrawal or destruction of products arising from a wrongful decision by a competent authority.
Amendment 594 #
2022/0269(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point g a (new)
Article 9 – paragraph 1 – point g a (new)
(ga) any court decision to annul competent authority decision referred to in Article 8(5);
Amendment 598 #
2022/0269(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The Commission shall make available the decisions, and the withdrawals referred to in the paragraph 1, points (c), (d), (e), (g) and (ga) on a dedicated website.
Amendment 613 #
2022/0269(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The competent authority shall, as soon as possible, diligently and impartially assess the information, including whether the claims are well-founded and, inform the person or association referred to in paragraph 1 of the outcome of the assessment of their submission.
Amendment 642 #
2022/0269(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The Commission shall ensure that the database is made publicly available by the external expertise at the latest 124 months after the entry into forcebefore the application of this Regulation.
Amendment 645 #
2022/0269(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Economic operators placing or making available on the Union market or exporting products which are not mentioned in the database referred to in paragraph 1 of this Article, or which come from areas that are not mentioned in that database, shall also be required to comply with Article 3in line with Article 4, risk-based approach shall not be considered to have a high risk of violating Article 3, unless serious proof of the contrary is available.
Amendment 661 #
2022/0269(COD)
Proposal for a regulation
Article 12 – paragraph 6 a (new)
Article 12 – paragraph 6 a (new)
6a. Member States shall confer on their competent authorities the necessary powers to issue an order requiring the providers of online marketplaces to remove products made with forced labour from their online interface, to disable access to it or to display an explicit warning. Such orders shall be issued in accordance with the minimum conditions set out in Article 9(2) of Regulation (EU) 2022/2065.
Amendment 692 #
2022/0269(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point a
Article 18 – paragraph 1 – point a
(a) within 4 working days of the suspension, if the competent authorities have not requested the customs authorities to maintain the suspension. In case of perishable products, animals and plants that time limit shall be 2 working days;
Amendment 706 #
2022/0269(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
Where the release for free circulation or export of a product has been refused in accordance with Article 19, customs authorities shall take the necessary measures to ensure that the product concerned is disposed of in accordance with national law consistent with Union lawrecycled, or should this not be possible destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management. Agricultural products that cannot be recycled, should be donated, or, should this not be possible destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law accordance. Articles 197 and 198 of Regulation (EU) No 952/2013 shall apply accordingly.
Amendment 734 #
2022/0269(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point a
Article 23 – paragraph 1 – point a
(a) guidance to the economic operator on due diligence in relation to forced labour, which shall take into account applicable Union legislation setting out due diligence requirements with respect to forced labour, guidelines and recommendations from international organisations, as well as the size and economic resources of economic operators; , different types of suppliers along the supply chain, different sectors and the particular risks associated with forced labour imposed by state authorities. The guidance shall also include advice on how to identify indicators of forced labour in different areas of the supply chain;
Amendment 740 #
2022/0269(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point a a (new)
Article 23 – paragraph 1 – point a a (new)
(aa) guidance to the economic operators on measures which are suitable and effective for bringing to an end different types of forced labour;
Amendment 741 #
2022/0269(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point b
Article 23 – paragraph 1 – point b
(b) information on risk indicators of forced labour, including a clear distinction for evaluation between forced labour risks in the private sector and risk of state-imposed forced labour, which shall be based on independent and verifiable information, including reports from international organisations, in particular the International Labour Organization, civil society, business organisations, and experience from implementing Union legislation setting out due diligence requirements with respect to forced labour;
Amendment 747 #
2022/0269(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point d
Article 23 – paragraph 1 – point d
(d) further information to facilitate the competent authorities’ implementation of this Regulation; which includes guidelines regarding the assessment of a notification and identification of indicators of forced labour in the pre-investigation phase and investigation phase. This includes benchmarks for the quantification of 'size of economic operator', 'resources of economic operators', 'quantity of products' and 'scale of forced labour' that will be assessed in order to establish substantiated concern for initiating an investigation. These guidelines should be clearly interpretable to ensure that implementation and enforcement of the measure is horizontal across Member States. Where relevant, the Commission should offer capacity building and training for staff of Member States' competent authorities;
Amendment 750 #
2022/0269(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point d a (new)
Article 23 – paragraph 1 – point d a (new)
(da) the guidelines should be consistent with guidance provided in accordance with relevant Union legislation;
Amendment 751 #
2022/0269(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point e
Article 23 – paragraph 1 – point e
(e) guidance for the practical implementation of Article 16 and, where appropriate, any other provision laid down in Chapter III of this Regulation, including with regard to the identification and evaluation of risks of forced labour linked to commodities sourced by economic operators through a mass balance approach.
Amendment 757 #
2022/0269(COD)
Proposal for a regulation
Article 23 a (new)
Article 23 a (new)
Article23a Specific provisions for SMEs 1. SMEs shall be given special support and guidance in adapting to this Regulation. 2. This support and guidance shall include: a) SME-specific guidelines with due diligence checklist and toolkit on preventing forced labour b) capacity-building, training programme and administrative and technical support on the assessment and the prevention of forced labour; c) support in their outreach to relevant suppliers and other actors;
Amendment 759 #
2022/0269(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. A Union Network Against Forced Labour Products (‘the Network’) is established. The Network shall serve as a platform for structured coordination and cooperation between the competent authorities of the Member States and the Commission, and to streamline the practices of enforcement of this Regulation as well as other relevant due diligence legislation within the Union, thereby making enforcement more effective and coherent.
Amendment 774 #
2022/0269(COD)
Proposal for a regulation
Article 24 – paragraph 3 – point f
Article 24 – paragraph 3 – point f
(f) to promote the cooperation and exchange of expertise and best practices between competent authorities and customs authorities; as well as international organisations such as the World Customs Organisation and National Contact Points for the OECD Guidelines for Multinational Enterprises. The Network shall also maintain regular contact with the Commission's relevant services to receive relevant information from other EU initiatives that support the eradication of forced labour.
Amendment 779 #
2022/0269(COD)
Proposal for a regulation
Article 24 – paragraph 3 – point f a (new)
Article 24 – paragraph 3 – point f a (new)
(fa) identify discrepancies between enforcement at the level of different EU Member States;
Amendment 781 #
2022/0269(COD)
Proposal for a regulation
Article 24 – paragraph 3 – point f b (new)
Article 24 – paragraph 3 – point f b (new)
Amendment 784 #
2022/0269(COD)
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. The Commission shall organise and chair regular meetings of the Network and shall support and encourage cooperation between enforcement authorities through the Network and participate in the meetings of the Network.
Amendment 789 #
2022/0269(COD)
Proposal for a regulation
Article 24 a (new)
Article 24 a (new)
Article24a Support The Network shall support economic operators under investigation to undertake corrective action in line with Article 4(6) and Article 6(6) where the risk of forced labour has been identified to: a) correct the potential risk of forced labour before launching an investigation and b) avoid the last resort of disengagement if the economic operator is deemed violating Article 3. This shall include having dialogue with authorities operating in the region where forced labour has been identified as well as on national level. In the case where disengagement must take effect and economic operators become victim to a third country punitive measure, the Commission shall provide political, administrative or financial support.
Amendment 796 #
2022/0269(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. In order to facilitate effective implementation and enforcement of this Regulation, the Commission mayshall, as appropriate cooperate, engage and exchange information with, amongst others, authorities of third countries, international organisations, civil society representatives and business organisations. The Commission shall have regular contact and cooperation with countries that have similar legislation in place, to share information of risk products or regions as well as best practices for bringing to an end forced labour. International cooperation with authorities of third countries shall take place in a structured way as part of the existing dialogue structures with third countries or, if necessary, specific ones that will be created on an ad hoc basis.
Amendment 806 #
2022/0269(COD)
Proposal for a regulation
Article 26 – paragraph 2 – subparagraph 1 (new)
Article 26 – paragraph 2 – subparagraph 1 (new)
Cooperation with third countries shall be integrated with other EU policies and instruments that include measures to eradicate forced labour, including free trade agreements, the Generalised Scheme of Preferences, and development cooperation projects led by the Commission.
Amendment 811 #
2022/0269(COD)
Proposal for a regulation
Article 27 a (new)
Article 27 a (new)
Article27a Regulatory monitoring and adjustment The Commission shall present, before the application of this Regulation, in line with the 'one in, one out' principle, proposals offsetting the regulatory and financial burdens introduced by this Regulation through the revision or abolishment of provisions in other Union legislative acts that generate compliance costs for economic operators.
Amendment 821 #
2022/0269(COD)
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
3. The Member States shall, by [OP enter DATE = 2430 months from its entry into force of this Regulation], notify those provisions to the Commission, where they have not previously been notified, and shall notify it, without delay, of any subsequent amendment affecting them.
Amendment 827 #
2022/0269(COD)
Proposal for a regulation
Article 30 a (new)
Article 30 a (new)
Amendment 831 #
2022/0269(COD)
Proposal for a regulation
Article 31 a (new)
Article 31 a (new)
Amendment 394 #
2022/0196(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Given the different levels of historical progress and differences in intensity of pesticidelant protection products use between Member States as well as the need for plant protection products to maintain a sufficient level of production and guaranteeing food security, it is necessary to allow Member States some flexibility when setting their own binding national targets (“national 2030 reduction targets”). Intensity of use is best measured by dividing the total quantity of active substances placed on the market, and therefore used, in the form of plant protection products in a particular Member State by the surface area over which the active substances were applied. Intensity in the use of chemical pesticides, and in particular of the more hazardous pesticides, correlates with greater dependency on chemical pesticides, greater risks to human health and the environment and less sustainable farming practices. It is therefore appropriate to allow Member States to take their lower intensity of use of chemical pesticides than the Union average into account in setting their national 2030 reduction targets. It is also appropriate to require them to take their higher intensity of use of chemical pesticides than the Union average into account in setting their national 2030 reduction targets. In addition, in order to give recognition to past efforts by Member States, they should also be allowed to take into account historical progress prior to the adoption of the Farm to Fork Strategy when setting national 2030 reduction targets. Conversely, where Member States have increased, or made only limited reductions in, their use and risk of chemical plant protection products, they should now make a greater contribution to the achievement of the Union 2030 reduction targets, while also taking account of their intensity of pesticide use. In order to ensure a fair and collective effort towards the achievement of Union-wide targets and an adequate level of ambition, minimum limits should be laid down for national 2030 reduction targets. The EU’s outermost regions, as listed in Article 349 of the Treaty, are located in the Atlantic, Caribbean and Indian Ocean. Due to permanent constraints such as their remoteness to the European continent, insularity and high exposure to climate change, it is appropriate to allow Member States to take into account the specific needs of these regions as regards the use of plant protection products and measures tailored to specific climatic conditions and crops. In order to ensure a fair and collective effort towards the achievement of Union-wide targets, where a Member State reaches the level of its 2030 national reduction target before 2030, it should not be required to undertake additional reduction efforts, but it should closely monitor annual fluctuations in the use and risk of chemical plant protection products and in the use of more hazardous plant protection products to ensure progress towards meeting the respective 2030 national reduction target. In the interests of transparency, Member State responses to any Commission recommendations in relation to the level of ambition of national targets and the annual progress made towards them should be publicly accessible.
Amendment 429 #
2022/0196(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) In order to achieve the Union-wide reduction targets (‘Union 2030 reduction targets’) as well as national 2030 reduction targets, it is necessary to increase the availability and use of biological control and other economically-justified non- chemical alternatives. Availability of these alternatives will incentivise the adoption of low pesticide- input pest management practices such as organic farming.
Amendment 630 #
2022/0196(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) In order to enforce the obligations set out in this Regulation, Member States should lay down rules on possible penalties applicable to infringements of this Regulation and ensure that those rules are enforced. The penalties should be effective, proportionate and dissuasive. It is also important to provide for Member States to recover costs related to carrying out obligations under this Regulation by means of fees or charges in order to ensure that adequate financial resources are available to competent authorities.
Amendment 2140 #
2022/0196(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
Amendment 2250 #
2022/0196(COD)
Proposal for a regulation
Article 20 – paragraph 4 – point b
Article 20 – paragraph 4 – point b
(b) the validity period of the permit for aerial application, which shall be for a limited period with a precisely defined start and end date that is the shortest possible and shall not exceed 60 daysthe growing season;
Amendment 2304 #
2022/0196(COD)
Proposal for a regulation
Article 22 – paragraph 4 – subparagraph 1
Article 22 – paragraph 4 – subparagraph 1
Amendment 2327 #
2022/0196(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. A distributor shall only sell a plant protection product authorised for professional use to a purchaser or his or her representative when that distributor has checked, at the time of purchase, that the purchaser or representative is a professional user and holds a training certificate for following courses for professional users or advisors issued in accordance with Article 25 or has a proof of entry in a central electronic register for following such courses in accordance with Article 25(5).
Amendment 2331 #
2022/0196(COD)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. Where a purchaser is a legal person, a distributor may sell a plant protection product authorised for professional use to a representative of the purchaser of the plant protection product when that distributor has checked, at the time of purchase, that the representative is the holder of a training certificate for following courses for professional users or advisors issued in accordance with Article 25 or has a proof of entry in a central electronic register for following such courses in accordance with Article 25(5).
Amendment 2362 #
2022/0196(COD)
Proposal for a regulation
Article 25 – paragraph 1 – point a
Article 25 – paragraph 1 – point a
(a) initial and follow up training to professional users, advisors and distributors on the subjects listed in Annex III;
Amendment 2402 #
2022/0196(COD)
Proposal for a regulation
Article 25 – paragraph 5
Article 25 – paragraph 5
5. A competent authority designated in accordance with paragraph 2 shall provide, upon request, electronic proof of entry in a central electronic register to a professional user, distributor or advisor at the time the entry is made. Such electronic proof shall include a record of the period of validity of the entry in the central electronic register.
Amendment 2421 #
2022/0196(COD)
Proposal for a regulation
Article 26
Article 26
Amendment 2547 #
2022/0196(COD)
Proposal for a regulation
Article 30 – paragraph 1 – subparagraph 1 – point b
Article 30 – paragraph 1 – subparagraph 1 – point b
Amendment 2551 #
2022/0196(COD)
Proposal for a regulation
Article 30 – paragraph 1 – subparagraph 1 – point c
Article 30 – paragraph 1 – subparagraph 1 – point c
Amendment 2554 #
2022/0196(COD)
Proposal for a regulation
Article 30 – paragraph 1 – subparagraph 1 – point d
Article 30 – paragraph 1 – subparagraph 1 – point d
Amendment 2565 #
2022/0196(COD)
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. Each Member State shall carry out risk-based official controls to verify compliance by operators with the provisions of this Regulation relating to application equipment. Member States shall take appropriate follow-up measures to remedy any specific or systemic shortcomings identified through controls performed by the Commission experts in accordance with paragraphs 3 and 4. They shall give the necessary assistance to ensure that the Commission experts have access to all premises or parts of premises, and goods, and to information, including computer systems, relevant for the execution of their duties.
Amendment 557 #
2022/0195(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point c a (new)
Article 1 – paragraph 1 – point c a (new)
(ca) ensuring the EU food security.
Amendment 569 #
2022/0195(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Regulation establishes a framework within which Member States shall put in place, without delay, effective and area-based restoration measures which together shall cover, by 20305, at least 210 % of the Union’s land and sea areas and, by 2050, all ecosystems in need of restoration.
Amendment 603 #
2022/0195(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
(3) ‘restoration’ means the process of actively or passively assisting the recovery of an ecosystem towards or to good condition, of a habitat type to the highest level of condition attainable and to its favourable reference area, of a habitat of a species to a sufficient quality and quantity, or of species populations to satisfactory levels, as a means of conserving or enhancing biodiversity and ecosystem resilience;
Amendment 707 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall put in place the restoration measures that are necessary to improve to good condition areas of habitat types listed in Annex I which are not in good condition. Such measures shall be in place on at least 30 % of the area of each group of habitat types listed in Annex I that is not in good condition, as quantified in the national restoration plan referred to in Article 12, by 2030, on at least 60 % by 2040, and on at least 90 % by 2050, these measures shall be in place on areas not exceeding 5 % of the agricultural area used by the Member States.
Amendment 1307 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall put in place the restoration measures necessary to enhance biodiversity in agricultural ecosystems, in addition to the areas that are subject to restoration measures under Article 4(1), (2) and (3), with the aim to achieve an increasing trend at national level of each of the following indicators in agricultural ecosystems, as further specified in Annex IV, measured in the period from the date of entry into force of this Regulation until 31 December 2035, are reached: (a) grassland butterfly index; (b) stock of organic carbon in cropland mineral soils; (c) share of agricultural land with high- diversity landscape features; (d) farmland-bird index.
Amendment 1320 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 1369 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 66 #
2022/0115(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation applies to craft and industrinon- agricultural products listed under the combined nomenclature set out in Annex I to Council Regulation (EEC) No 2658/8724with the exclusion of agricultural products protected by Reg. no. 2019/787, Reg. no. 1308/2013 e Reg. no. 1151/2012 of the European Parliament and of the Council. _________________ 24 Council Regulation (EEC) N0 2685/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff Regulation (OJ L 256, 7.9.1987 p.1)
Amendment 68 #
2022/0115(COD)
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
Amendment 69 #
2022/0115(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) ‘craft products’ means products produced either totallymade by hand or with the aid of manual tools or by, mechanical means, whenever the direct manual contribution is the most important component of the finished productor digitized means, or whose design activity makes use of design tools, including those of a digital nature, under the direct supervision of the business owner (from design to manufacture);
Amendment 72 #
2022/0115(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
(e) ‘production step’ means any stage of production, processing or preparation, as illustrated in the product specification, up to the point, where the product is in a form to be placed on the internal market;
Amendment 74 #
2022/0115(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) 'producer' means an operator engaged in anyone or more production steps of a product the name of which is protected as a geographical indication, including elaboration or processing activities, covered by the product specification;
Amendment 83 #
2022/0115(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 131 #
2022/0115(COD)
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
1. Article 35 is without prejudice to the use of a geographical indication by producers in conformity with Article 43 to indicate that a manufactured product contains, as a part or component, a product designated by that geographical indication provided that such use is made in accordance with honest commercial practices and does not weaken, dilute, or is not detrimental to, the reputation of the geographical indicationdoes not violate the protection afforded by Article 35.
Amendment 132 #
2022/0115(COD)
Proposal for a regulation
Article 37
Article 37
Amendment 134 #
2022/0115(COD)
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
Amendment 141 #
2022/0115(COD)
Proposal for a regulation
Article 42 – paragraph 4
Article 42 – paragraph 4
Amendment 162 #
2022/0115(COD)
Proposal for a regulation
Article 48 – paragraph 5 a (new)
Article 48 – paragraph 5 a (new)
5 a. As provided in Art. 47(c), applicant producer groups as referred to in Article 6, which have obtained registration, shall be entitled to make reports to the authorities specified under paragraph (1) so that they carry out controls provided for in this title. In this case, at the request of the producer group, the authorities are required to provide feedback on the development of the process that began with the report itself.
Amendment 151 #
2022/0104(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Rearing of pigs, and poultry cand cattle cause significant cause pollutant emissions into the soil, the air and water. In order to reduce such pollutant emissions, including ammonia, methane, nitrates and greenhouse gas emissions and thereby improve air, water and soil quality, it is necessary to lower the thre that could be harmful to the environment. Member States should address that risk in their national strategic plan under the Common Agricultural Policy (CAP), which will be in force from 1 January 2023. Furthermore, the Member States, via the CAP, should above which pigs and poultry installations aimplement measures to reduce GHG emissions from agriculture, included within the scope of Directive 2010/75/EU and to include also cattle farming within that scope. Relevant BAT requirements take into consideration the nature, size, density and complexity of these installations, including the specificities of pasture based cattle rearing systems, where animals are only seasonally reared in indoor ing methane, and reduce ammonia emissions, such as from livestock and fertilizers. In addition to the targets set under the CAP, Directive (EU) 2016/2284 ('NEC') set targets to reduce emissions, including ammonia from agriculture. Therefore, in order to avoid creating an administallations, and the range of environmental impacts they may have. The proportionality requirements in BATs aim to incenrative burden and unnecessary overlaps in the current legislativise farmers to implement the necessary transition towards increasingly environmentally friendly agricultural practicesramework, the current thresholds for pigs and poultry should remain unchanged.
Amendment 237 #
2022/0104(COD)
Proposal for a directive
Recital 29
Recital 29
(29) In order to ensure that Directive 2010/75/EU continues meeting its objectives to prevent or reduce emissions of pollutants and achieve a high level of protection of human health and the environment, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement that Directive in order to establish operating rules containing requirements for activities relating to rearing of poultry, pigs and cattle, and to amend Annexes I and Ia to that Directive by adding an agro-industrial activity to ensure that it meets its objectives to prevent or reduce pollutants emissions and achieve a high level of protection of human health and the environment and pigs. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 201677 . 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. __________________ 77 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making; OJ L 123, 12.5.2016, p. 1–14.
Amendment 277 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Directive 2010/75/EU
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
(3) ‘installation’ means a stationary technical unit within which one or more activities listed in Annex I, in Annex Ia or in Part 1 of Annex VII are carried out, and any other directly associated activities on the same site which have a technical connection with the activities listed in those Annexes and which could have an effect on emissions and pollution;;
Amendment 334 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point e
Article 1 – paragraph 1 – point 3 – point e
Directive 2010/75/EU
Article 3 – paragraph 1 – point 23 b
Article 3 – paragraph 1 – point 23 b
Amendment 342 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point e
Article 1 – paragraph 1 – point 3 – point e
Directive 2010/75/EU
Article 3 – paragraph 1 – point 23 c
Article 3 – paragraph 1 – point 23 c
Amendment 1232 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 24
Article 1 – paragraph 1 – point 24
Directive 2010/75/EU
Chapter VIa – title
Chapter VIa – title
SPECIAL PROVISIONS FOR INTENSIVE REARING OF POULTRY, AND PIGS AND CATTLE
Amendment 1245 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70a – paragraph 1
Article 70a – paragraph 1
This Chapter shall apply to the activities set out in Annex Ia which reach the capacity thresholds set out in that Annexintensive rearing of poultry and pigs: (a) with more than 40 000 places for poultry, (b) with more than 2 000 places for production pigs (over 30 kg), or (c) with more than 750 places for sows.
Amendment 1393 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
The Commission shall establish operating rules containing requirements consistent with the use of best available techniques for the activities listed in Annex Ireferred to in Article 70a, which shall include the following:
Amendment 1406 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70i – paragraph 1 – subparagraph 2
Article 70i – paragraph 1 – subparagraph 2
The operating rules shall take into account inter alia the nature, type, size and density of these installations and the specificities of pasture based cattle rearing systems, where animals are only seasonally reared in indoor installations.
Amendment 1461 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 27
Article 1 – paragraph 1 – point 27
Directive 2010/75/EU
Article 74 – paragraph 2 – subparagraph 1 – introductory part
Article 74 – paragraph 2 – subparagraph 1 – introductory part
2. In order to allow the provisions of this Directive to meet its objectives to prevent or reduce pollutants emissions and achieve a high level of protection of human health and the environment, the Commission shall be empowered to adopt a delegated act, in accordance with Article 76, to amend Annex I or Annex Ia by including in those Annexes an agro- industrial activity that meets the following criteria:.
Amendment 1466 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 27
Article 1 – paragraph 1 – point 27
Directive 2010/75/EU
Article 74 – paragraph 2 – subparagraph 1 – point a
Article 74 – paragraph 2 – subparagraph 1 – point a
Amendment 1467 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 27
Article 1 – paragraph 1 – point 27
Directive 2010/75/EU
Article 74 – paragraph 2 – subparagraph 1 – point b
Article 74 – paragraph 2 – subparagraph 1 – point b
Amendment 1469 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 27
Article 1 – paragraph 1 – point 27
Directive 2010/75/EU
Article 74 – paragraph 2 – subparagraph 1 – point c
Article 74 – paragraph 2 – subparagraph 1 – point c
Amendment 1471 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 27
Article 1 – paragraph 1 – point 27
Directive 2010/75/EU
Article 74 – paragraph 2 – subparagraph 1 – point d
Article 74 – paragraph 2 – subparagraph 1 – point d
Amendment 1576 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 34
Article 1 – paragraph 1 – point 34
Amendment 1653 #
2022/0104(COD)
Proposal for a directive
Annex II
Annex II
Directive 2010/75/EU
Annex Ia – number
Annex Ia – number
Amendment 60 #
2022/0089(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point i a (new)
Article 2 – paragraph 1 – point i a (new)
(ia) 'sustainability undertaking' means an undertaking promoting sustainable production in its three dimensions, by contributing to one or more social, environmental and economic objectives.
Amendment 62 #
2022/0089(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) that producers acting collectively have the necessary powers and responsibilities to manage their geographical indication, including to create value and to respond to societal demands for products resulting from sustainable production in its three dimensions of economic, environmental and social value, and to operate in the market;
Amendment 72 #
2022/0089(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. a fair return for producers for the qualities of their products
Amendment 73 #
2022/0089(COD)
Proposal for a regulation
Article 4 – paragraph 1 b (new)
Article 4 – paragraph 1 b (new)
1b. support to agricultural and processing activities and the farming systems associated with high-quality products, thereby contributing to the achievement of rural development policy objectives
Amendment 76 #
2022/0089(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point g a (new)
Article 7 – paragraph 1 – point g a (new)
(ga) 'association of producer groups' means an organisation that promotes the interests of producers of products designated by different geographical indications.
Amendment 80 #
2022/0089(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. An authority designated by a Member State or by a third country may be deemed to be an applicant producer group for the purposes of this Title, with respect to geographical indications of a spirit drink, if it is not feasible for the producers concerned to form a group by reason of their number, geographical location or organisational characteristics. In such case, the application referred to in Article 9(2) shall state those reasons.
Amendment 88 #
2022/0089(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. A producer group may agree on sustainability undertakings to be adhered to in the production of the product designated by a geographical indication. Such undertakings shall aim to apply a sustainability standard higher than mandated by Union or national law and go beyond good practice in significant respects in terms of social, environmental or economic undertakings. Such undertakings shall be specific, shall take account of existing sustainable practices employed for products designated by geographical indications, and may refer to existing sustainability schemes.
Amendment 91 #
2022/0089(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The sustainability undertakings referred to in paragraph (1) shallmay be included in the product specification.
Amendment 92 #
2022/0089(COD)
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 94 #
2022/0089(COD)
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
Amendment 101 #
2022/0089(COD)
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
Amendment 109 #
2022/0089(COD)
Proposal for a regulation
Article 19 – paragraph 11
Article 19 – paragraph 11
Amendment 114 #
2022/0089(COD)
Proposal for a regulation
Article 25 – paragraph 10
Article 25 – paragraph 10
Amendment 116 #
2022/0089(COD)
Proposal for a regulation
Article 26 – paragraph 6
Article 26 – paragraph 6
Amendment 118 #
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, dilutes, or is detrimental to the reputation of, the protected name, including where those products are used as ingredients;
Amendment 121 #
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 when those products are used as ingredients.
Amendment 122 #
2022/0089(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point c
Article 27 – paragraph 1 – point c
(c) any other false or misleading indication as to the provenance, origin, nature or essential qualities of the product that is used on the inner or outer packaging, advertising material, documents or information provided on websites or on domain names relating to the product concerned, and the packing of the product in a container liable to convey a false impression as to its origin;
Amendment 124 #
2022/0089(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
Amendment 126 #
2022/0089(COD)
Proposal for a regulation
Article 27 – paragraph 4 – point a a (new)
Article 27 – paragraph 4 – point a a (new)
(aa) goods produced in EU and destined to be exported and commercialised in third countries
Amendment 129 #
2022/0089(COD)
Amendment 144 #
2022/0089(COD)
Proposal for a regulation
Article 33 – paragraph 3 – point d a (new)
Article 33 – paragraph 3 – point d a (new)
Amendment 145 #
2022/0089(COD)
Proposal for a regulation
Article 33 – paragraph 3 a (new)
Article 33 – paragraph 3 a (new)
3a. In the context of international trade agreements negotiations, the European Commission shall consult recognised producer groups with regards to the protection of their name
Amendment 150 #
2022/0089(COD)
Proposal for a regulation
Article 33 a (new)
Article 33 a (new)
Amendment 153 #
2022/0089(COD)
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. Country-code tTop-level domain name registries establishedoperating in the Union shall ensure that any alternative dispute resolution procedure established to solve disputes relating to the registration of domain names referred to in paragraph (1), shall recognise geographical indications as rights that may prevent a domain name from being registered or used in bad faith.
Amendment 155 #
2022/0089(COD)
Proposal for a regulation
Article 34 – paragraph 3
Article 34 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance withArticle84 supplementing this Regulation by provisions entrusting EUIPO to establish and manage a domain name information and alert system that would provide the applicant, 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 identical to their geographical indication. ThatEUIPO may be empowered under those delegated acts to monitor registration of domain names in the Union which could conflict with the names included in the Union register of geographical indications. Those delegated act shall also include the obligation for registries of country-code top-level domain names, established and the EURid, operating in the Union, to provide EUIPO with the relevant information and data.
Amendment 169 #
2022/0089(COD)
Proposal for a regulation
Article 46 – paragraph 1
Article 46 – paragraph 1
Amendment 174 #
2022/0089(COD)
Proposal for a regulation
Article 47 – paragraph 1 – introductory part
Article 47 – paragraph 1 – introductory part
1. Where the Commission exercises any of the empowerments provided for in this Regulation to entrust tasks to EUIPO, it shall also be empowered to adopt delegated acts in accordance with Article 84 to supplement this Regulation by criteria for monitoring performance in the execution of such tasks. Such criteria mayshall include, in particular :
Amendment 178 #
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 117 #
2022/0051(COD)
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1 – point a
Article 1 – paragraph 1 – subparagraph 1 – point a
(a) on obligations for companies regarding actual and potential human rights adverse impacts and environmental adverse impacts, with respect to their own operations, the operations of their subsidiaries, and the valuesupply chain operations carried out by third country entities with whom the company has an direct established business relationship and
Amendment 120 #
2022/0051(COD)
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1 – point b
Article 1 – paragraph 1 – subparagraph 1 – point b
Amendment 127 #
2022/0051(COD)
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 2
Article 1 – paragraph 1 – subparagraph 2
The nature of business relationships as ‘established’ shall be reassessed periodically, and at least every 124 months.
Amendment 130 #
2022/0051(COD)
Proposal for a directive
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2 a. Member States shall not lay down, in their national law, provisions diverging from those laid down in this Directive unless otherwise provided for in this Directive.
Amendment 138 #
2022/0051(COD)
Proposal for a directive
Recital 19
Recital 19
Amendment 138 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) the company had more than 5000 employees on average and had a net worldwide turnover of more than EUR 150 million in the last financial year for which annual financial statements have been prepared;
Amendment 143 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
Amendment 149 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b – point i
Article 2 – paragraph 1 – point b – point i
Amendment 154 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b – point ii
Article 2 – paragraph 1 – point b – point ii
Amendment 159 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b – point iii
Article 2 – paragraph 1 – point b – point iii
Amendment 160 #
2022/0051(COD)
Proposal for a directive
Recital 22
Recital 22
(22) In order to reflect the priority areas of international action aimed at tackling human rights and environmental issues, the selection of high-impact sectors for the purposes of this Directive should be based on existing sectoral OECD due diligence guidance. The following sectors should be regarded as high-impact for the purposes of this Directive: the manufacture of textiles, leather and related products (including footwear), and the wholesale trade of textiles, clothing and footwear; agriculture, forestry, fisheries (including aquaculture), the manufacture of food products, and the wholesale trade of agricultural raw materials, live animals, wood, food, and beverages; the extraction of mineral resources regardless of where they are extracted from (including crude petroleum, natural gas, coal, lignite, metals and metal ores, as well as all other, non-metallic minerals and quarry products), the manufacture of basic metal products, other non-metallic mineral products and fabricated metal products (except machinery and equipment), and the wholesale trade of mineral resources, basic and intermediate mineral products (including metals and metal ores, construction materials, fuels, chemicals and other intermediate products). As regards the financial sector, due to its specificities, in particular as regards the value chain and the services offered, even if it is covered by sector-specific OECD guidance, it should not form part of the high-impact sectors covered by this Directive. At the same time, in this sector, the broader coverage of actual and potential adverse impacts should be ensured by also including very large companies in the scope that are regulated financial undertakings, even if they do not have a legal form with limited liability.
Amendment 174 #
2022/0051(COD)
Proposal for a directive
Recital 30
Recital 30
(30) Under the due diligence obligations set out by this Directive, a company should identify actual or potential adverse human rights and environmental impacts. In order to allow for a comprehensive identification of adverse impacts, such identification should be based on quantitative and qualitative information. For instance, as regards adverse environmental impacts, the company should obtain information about baseline conditions at higher risk sites or facilities in value chains. Identification of adverse impacts should include assessing the human rights, and environmental context in a dynamic way and in regular intervals: prior to a new activity or relationship, prior to major decisions or changes in the operation; in response to or anticipation of changes in the operating environment; and periodically, at least every 12 months, throughout the life of an activity or relationship. Regulated financial undertakings providing loan, credit, or other financial services should identify the adverse impacts only at the inception of the contract. When identifying adverse impacts, companies should also identify and assess the impact of a business relationship’s business model and strategies, including trading, procurement and pricing practices. Where the company cannot prevent, bring to an end or minimize all its adverse impacts at the same time, it should be able to prioritize its action, provided it takes the measures reasonably available to the company, taking into account the specific circumstances.
Amendment 184 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 2 – introductory part
Article 2 – paragraph 2 – introductory part
2. This Directive shall also apply to companies which are formed in accordance with the legislation of a third country, and fulfil one of the following conditions:have a domestic branch office or subsidiary in a Member State and which normally have at least 5000 employees worldwide and had a net worldwide turnover of more than EUR 150 million in the last financial year for which annual financial statements have been prepared;.
Amendment 188 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
Amendment 193 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
Amendment 195 #
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 216 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) ‘valuesupply chain’ means activities related todirectly necessary for 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), ‘valuesupply 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 valuesupply chain of such regulated financial undertakings does not cover SMEs receiving loan, credit, financing, insurance or reinsurance of such entities;
Amendment 222 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point j
Article 3 – paragraph 1 – point j
(j) ‘industry initiative’ means a combination of voluntary valuesupply chain due diligence procedures, tools and mechanisms, including independent third- party verifications, developed and overseen by governments, industry associations or groupings of interested organisthe Commission, governments, including the governments of developing countries, industry associations;
Amendment 227 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point n
Article 3 – paragraph 1 – point n
(n) ‘stakeholders’ means the company’s employees, the employees of its subsidiaries, and other individuals, groups, communities or entities whose rights or interests are or could bedirectly affected by adverse human rights impacts and adverse environmental impacts arising from the products, services and operations of that company, its subsidiaries and its business relationships;
Amendment 271 #
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 valuesupply chain of which the impact has arisen and shall, where the law governing their relations so entitles them to, take one of the following actions if they are in the best interest of the potential victims of the potential and actual adverse impacts, in line with responsible disengagement, taking into account proportionality and the consequences of disrupting supply chains:
Amendment 276 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 1 – point a
Article 8 – paragraph 6 – subparagraph 1 – point a
(a) temporarily suspend commercial relationships with the partner in question, while pursuing efforts to bring to an end or minimise the extent of the adverse impact, if there is reasonable expectation that these efforts will succeed in the short- term. If there is no such reasonable expectation or the efforts did not succeed in the short-term, the company shall terminate the business relationship or
Amendment 287 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 2
Article 8 – paragraph 6 – subparagraph 2
Member States shall provide for the availability of an option to terminate and temporarily suspend the business relationship in contracts governed by their laws in accordance with the first subparagraph, except for contracts where the parties are obliged by law to enter into them.
Amendment 297 #
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 notifications or complaints to them where they have legitimate concernssufficient evidence regarding actual or potential adverse human rights impacts and adverse environmental impacts with respect to their own operations, the operations of their subsidiaries and their value chaindirect upstream business partners.
Amendment 301 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1 a. Companies shall be allowed to deal with notifications as a group, for example within a sectoral initiative, an industry programme or multi-stakeholder initiatives.
Amendment 305 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) the company had more than 53000 employees on average, is not a financial institution and had a net worldwide turnover of more than EUR 1500 million in the last financial year for which annual financial statements have been prepared;
Amendment 314 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
(a) persons who are affected or have reasonable groundssufficient evidence to believe that they might bare affected by an adverse impact,
Amendment 316 #
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 concernedcompany, their subsidiaries or their direct business partners, that are directly affected by an adverse impact,
Amendment 323 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 2 – point c
Article 9 – paragraph 2 – point c
Amendment 328 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Member States shall ensure that the companies establish a procedure for dealing with complaints referred to in paragraph 1, including a procedure when the company considers the complaint to be unfounded, and inform the relevant workers and trade unions of those procedures. Member States shall ensure that where the complaint is well-founded, the adverse impact that is the subject matter of the complaint is deemed to be identified within the meaning of Article 6.
Amendment 335 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point a – point iv
Article 3 – paragraph 1 – point a – point iv
Amendment 341 #
2022/0051(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
In order to provide support to companies or to Member State authorities on how companies should fulfil their due diligence obligations, the Commission, in consultation with Member States and relevant stakeholders, the European Union Agency for Fundamental Rights, the European Agency for Small and Medium enterprises, the European Environment Agency, and where appropriate with international bodies having expertise in due diligence, may issue guidelines, including for specific sectors or specific adverse impacts. shall issue clear and comprehensive, guidelines, in digital, free of charge and easily accessible format, taking into account the needs of SMEs, including for specific sectors, specific adverse impacts. These guidelines shall also clarify how companies' obligations stemming from this Directive interact with obligations stemming from other Union legislation to ensure coherence and complementarity. The guidelines shall particularly take into account SMEs’ needs and shall enable administrative and financial assistance. The guidelines shall help companies, in particular SMEs, to fulfil their due diligence obligations in accordance with Articles 6 to 11, by providing guidance on how the requirements under different Union acts could be merged most efficiently. The Commission shall regularly review and update the guidelines taking into account the latest developments in the sectors concerned. Guidelines must be published 24 months before the provisions of this directive become applicable. These guidelines shall include the following: (a) for specific sectors or specific adverse impacts; (b) an overview on applicable industry initiatives, multi-stakeholder initiatives and industry schemes; (c) practical guidance on how proportionality and prioritisation, in terms of impacts, sectors and geographical areas, may be applied to due diligence obligations depending on the size and sector of the company; (d) lists of risk areas and non-risk areas whether sectoral or geographic such as a list of regions and countries where adverse human rights impacts and/or environmental adverse impacts are unlikely or likely to occur. Countries or regions, where adverse impacts are unlikely to occur, might be the European Economic Area, the United States of America, the United Kingdom, Canada, Australia, New Zealand, and Japan. One criteria for this list shall be a free-trade agreement between the European Union and the third country or region.
Amendment 347 #
2022/0051(COD)
Proposal for a directive
Article 13 – paragraph 1 – subparagraph 1 (new)
Article 13 – paragraph 1 – subparagraph 1 (new)
Lists of non-risk areas and risk areas shall be updated continuously by the Commission and made publicly available, for example, in order to provide up-to- date information on the international Conventions and Treaties ratified by each of the Union’s trading partners. The Commission shall collect and publish trade and customs data on origins of raw materials, and intermediate and finished products, and publish information on human rights, environmental and governance potential or actual adverse impacts risks associated with certain countries or regions, sectors and sub- sectors, and products.
Amendment 358 #
2022/0051(COD)
Proposal for a directive
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The Commission mayshall complement Member States’ support measures building on existing Union action to support due diligence in the Union and in third countries and mayshall devise new measures, including facilitation of joint stakeholder initiatives to help companies fulfil their obligations. as well as a non-exhaustive list of industry schemes the Commission deems fit.
Amendment 367 #
2022/0051(COD)
Proposal for a directive
Article 14 – paragraph 4
Article 14 – paragraph 4
4. Companies may rely on industry schemes and multi-stakeholder initiatives to support the implementation of their obligations referred to in Articles 5 to 11 of this Directive to the extent that such schemes and initiatives are appropriate to support the fulfilment of those obligations. The Commission and the Member States mayshall facilitate the dissemination of information on such schemes or initiatives and their outcome. The Commission, in collaboration with Member States, mayshall issue guidance for assessing the fitness of industry schemes and multi-stakeholder initiatives.
Amendment 368 #
2022/0051(COD)
Proposal for a directive
Article 14 – paragraph 4 a (new)
Article 14 – paragraph 4 a (new)
4 a. Single Point of Contact 1.Each Member State shall designate a national single point of contact on corporate sustainability due diligence.Member States may assign this role to an existing authority.Where a Member State designates only one competent authority, that competent authority may also be the single point of contact. 2. Companies may seek guidance and obtain further support and information about how best to fulfil their due diligence obligations through this portal.3. The single point of contact may also exercise a liaison function to ensure cross-border cooperation of Member State authorities and with the relevant authorities in other Member States via cooperation with the European Supervisory Network established in Article 21.
Amendment 390 #
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 409 #
2022/0051(COD)
Proposal for a directive
Article 29 – paragraph 1 – introductory part
Article 29 – paragraph 1 – introductory part
No later than … [OP please insert the date = 75 years after the date of entry into force of this Directive], the Commission shall submit a report to the European Parliament and to the Council on the implementation of this Directive. The report shall evaluate the effectiveness and feasibility of this Directive in reaching its objectives and assess the following issues:
Amendment 417 #
2022/0051(COD)
Proposal for a directive
Article 29 – paragraph 1 – point a
Article 29 – paragraph 1 – point a
(a) whether the thresholds regarding the number of employees and net turnover laid down in Article 2(1) need to be loweredare appropriate;
Amendment 419 #
2022/0051(COD)
Proposal for a directive
Article 29 – paragraph 1 – point b
Article 29 – paragraph 1 – point b
Amendment 803 #
2022/0051(COD)
Proposal for a directive
Article 17 – paragraph 5
Article 17 – paragraph 5
Amendment 30 #
2021/2213(INI)
Draft opinion
Paragraph 3
Paragraph 3
Amendment 39 #
2021/2213(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Is concerned that the suspension clauses may not be legally valid;Recognizes the strong human rights component in the EPAs and for this reason welcomes the inclusion of suspension clauses in case of violations of human rights clauses; stresses the importance of political dialogue and consultation procedures to ensure effectiveness of these clauses and calls on the Commission to guarantee that the suspension clauses will be correctly applied in the event of violations of essential elements; emphasises that suspension of clauses should not harm the population, but should target those responsible for violations;
Amendment 44 #
2021/2213(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Strongly stresses the important link between trade, the eradication of poverty and support for sustainable development; underlines the role of women in the economies and societies of the OACPS countriesrecognizes how the agreement’s trade and investment provisions take appropriate steps to provide decent jobs for all and to socioeconomically empower marginalized groups, women and youth; calls on the Commission to increase and to guarantee the participation of womenthese categories in EU- OACPS trade and investment relations.
Amendment 2 #
2021/2200(INI)
Motion for a resolution
Citation 24 a (new)
Citation 24 a (new)
— having regard to its resolution of 3 October 2017 on EU political relations with ASEAN,
Amendment 3 #
2021/2200(INI)
Motion for a resolution
Citation 24 b (new)
Citation 24 b (new)
— having regard to the 29th EU- ASEAN Joint Cooperation Committee Meeting held on 11 February 2022,
Amendment 4 #
2021/2200(INI)
Motion for a resolution
Citation 24 c (new)
Citation 24 c (new)
— having regard to the inaugural European Parliament-ASEAN Inter- Parliamentary Assembly (AIPA) Inter- Regional Dialogue held on 22 June 2021,
Amendment 18 #
2021/2200(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. Whereas the European Union and the Association of Southeast Asian Nations (ASEAN) opened a new chapter in their longstanding relations by entering in a Strategic Partnership in December 2020;
Amendment 19 #
2021/2200(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
C b. Whereas enhanced inter- parliamentary relations and parliamentary diplomacy between the European Parliament and the parliaments of Southeast Asia – through the ASEAN Inter-Parliamentary Assembly (AIPA) – should reflect the future agenda of broader and deeper EU-ASEAN relations;
Amendment 20 #
2021/2200(INI)
Motion for a resolution
Recital C c (new)
Recital C c (new)
C c. Whereas the European Parliament and the ASEAN Inter-Parliamentary Assembly (AIPA) are natural partners with a significant potential to contribute towards strengthening EU-ASEAN relations;
Amendment 21 #
2021/2200(INI)
Motion for a resolution
Recital C d (new)
Recital C d (new)
C d. Whereas EU-ASEAN relations are based on the shared values and principles of a rules-based international order, effective and sustainable multilateralism, and free and fair trade;
Amendment 22 #
2021/2200(INI)
Motion for a resolution
Recital C e (new)
Recital C e (new)
C e. Whereas EU-based entities are the largest provider of foreign direct investment to the ASEAN region; whereas the EU is ASEAN's third largest trading partner and ASEAN as a whole represents the EU's third largest trading partner outside Europe;
Amendment 23 #
2021/2200(INI)
Motion for a resolution
Recital C f (new)
Recital C f (new)
C f. Whereas negotiations on an EU- ASEAN Free Trade Agreement have been suspended by mutual agreement since 2009;
Amendment 106 #
2021/2200(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Recalls the importance of parliamentary diplomacy in accelerating FTA negotiations between the EU and ASEAN Member States;
Amendment 161 #
2021/2200(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls for further engagement with ASEAN and its member states and for the development and promotion of the EU- ASEAN strategic partnership; calls on both sides to use the momentum of the planned EU-ASEAN Summit in 2022, on the occasion of 45th anniversary of the EU- ASEAN bilateral relationship, to present a new EU-ASEAN action plan for the upcoming period to promote increased multifaceted cooperation in key areas and explore the possibility of resuming negotiations of a region-to-region trade agreement once the conditions in terms of human rights and democracy are to the EU’s standardsmet; calls for a parliamentary dimension to the 45th anniversary summit and reiterates its intention to create an EU-ASEAN parliamentary assembly to strengthen the democratic dimension of the partnership;
Amendment 172 #
2021/2200(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States, the Secretary-General of ASEAN, the Secretary-General of the ASEAN Inter- Parliamentary Assembly and the respective countries in the Indo-Pacific region.
Amendment 20 #
2021/2038(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Welcomes the US support for the new Director-General of the WTO, the US’s return to the Paris Agreement, the WTO tariff rate quota agreement and, the temporary suspension of Airbus Boeing tariffs, and for opening discussions to address global steel and aluminium excess capacity;
Amendment 31 #
2021/2038(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Recognises at the same time that some diverging interests remain; in this regard, urges both sides to resolve bilateral disputes; urges the US to remove unilateral trade measures and refrain from taking further ones; urges the removal of section 232 tariffs on steel and aluminium; calls for a rapid and lasting solution on aircraft subsidies; threats for additional measures on digital service taxes, and refrain from taking further ones, and focus on what brings us together; urges the removal of section 232 tariffs on steel and aluminium; calls for a rapid and lasting solution on aircraft subsidies; encourages both sides to use the EU-US Summit as a stepping stone to continue mending our trade relationship and discuss untapped areas for greater cooperation;
Amendment 46 #
2021/2038(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for enhanced cooperation on WTO reform, including reinstating the aAppellate bBody, regulating trade in health products, setting an ambitious climate and environmental agenda, concluding the fisheries negotiations, making progress in the electronic commerce negotiation, and agreeing on concrete deliverables for the 12th WTO Ministerial Conference (MC12); encourages both sides to stick torive for multilateral agreements or, if not possible, for open plurilateral agreements; calls on the US to renew its commitments to the WTO's Government Procurement Agreement (GPA);
Amendment 57 #
2021/2038(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Advocates a joint strategic approach towards China, addressing the roots of unfair trade practices and tackling industrial subsidies, state-owned enterprises and human rights concerns, forced technology transfers, and human rights concerns; notes that such issues cannot be solved unilaterally or bilaterally and demand leading a coalition of like-minded partners at the international level within the framework of the WTO;
Amendment 64 #
2021/2038(INI)
Draft opinion
Paragraph 5 – subparagraph 1 (new)
Paragraph 5 – subparagraph 1 (new)
Draws attention to the importance of having a coordinated position with the US to tackle systemic structural and market distorting practices that endanger the global level-playing field; in that context, considers relevant the work done by the EU, US and Japan to strengthen existing WTO rules on industrial subsidies; urges the EU and the US to pursue this work and lead a coalition of like-minded countries at the WTO with a view to agreeing on new rules;
Amendment 70 #
2021/2038(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. In that context, calls for a stronger regulatory partnership through the Trade and Technology Council and encourages both sides to exchange best regulatory practices; urges the EU and the US to pursue their negotiation on conformity assessment to remove financially burdensome non-tariff barriers; stresses the importance for both sides to align and lead a coalition of like-minded partners to enhance the use of transatlantic standards by international standards organizations;
Amendment 6 #
2021/2037(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes that in 2020 China for the first time ranked as the EU’s largest partner for trade in goods, with the trade balance further deteriorating to the EU’s detriment; recalls however that the US, followed by the UK, are still the EU’s top two partners in trade in goods and services combined;
Amendment 18 #
2021/2037(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Is convinced that the EU-China bilateral trade and investment relationship is of strategic importance and should be rules-based, with the multilateral trading system at its core; it reiterates that while economic de-coupling is not beneficial for the EU, a more assertive enforcement and adherence to commitments is necessary in the overall trade and investment relationship;
Amendment 22 #
2021/2037(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Calls on China to play a more active part in the WTO and other multilateral initiatives and to fully comply with its WTO obligations, matching its acquired economic power with its level of development, and urges on the Commission to step up its efforts to work together with China on reforming and strengthening the rules-based multilateral trading system; urges for a specific focus on the reform of the WTO as a key tool to bring stability and legal certainty to the international trade arena, while tackling structural shortcomings at pluri- and multilateral levels; considers pertinent to specifically discuss the negative effects and possible remedies for distortions caused by the global excess capacity of steel and aluminum, alongside the importance of tackling industrial subsidies at the WTO level;
Amendment 40 #
2021/2037(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Repeats its deep concern about the many barriers that European businesses face when accessing and operating on the Chinese market; is worried that China’s ‘dual circulation strategy’ referred to in its 14th Five Year Plan will further deteriorate the business environment for EU companies; highlights again its particular concern about the market distorting practices such as, but not limited to, industrial subsidies, the beneficial treatment of Chinese state-owned enterprises, IP theft, forced technology transfers and data localisation, industrial overcapacity in sectors such as steel and the related dumping of exports, and other unfair trading practices;
Amendment 42 #
2021/2037(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Stresses the absence in reciprocity in public procurement and the need to improve the EU’s posturing in this field; recalls the importance of an assertive and effective International Procurement Instrument to open up external procurement markets, as well as an Instrument of Foreign Subsidies which can successfully tackle distortions on the EU internal market; highlights that these two instruments should complement one another in tackling different sides of the same coin, focusing on the external and the internal dimensions respectively;
Amendment 49 #
2021/2037(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Urges the Commission to place an increased emphasis on the issues linked to standardization and the normative elements ofa growing international competition; reminds, in this regard, of the links between, trade, patents and standards; calls on the Commission to intensify activity in all areas of standardization, IPR infringements, including patent infringements by Chinese companies in the fields of digitalization and communications, within all relevant bodies, including the UN’s International Telecommunication Union; urges for more policy discussions regarding the implications of Chinese initiatives such as Made in China 2025 or, increasingly pertinently, China Standards 2035;
Amendment 55 #
2021/2037(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4 c. Reiterates the increasing significance of the trade-security nexus in the EU’s international trade policy; urges the Commission and Member States to continue their efforts on monitoring FDI coming into Europe, particularly as concerns strategic assets and critical infrastructure, further strengthening the FDI Screening Mechanism and delivering swiftly on its commitments on an Anti- Coercion Instrument;
Amendment 56 #
2021/2037(INI)
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4 d. Underlines the importance of the EU strategic relationship with China and calls on the EU’s Member States and institutions to address China with one voice and in a coordinated way; considers that the 17+1investment format is promoted by China to weaken the EU cohesion regarding investment policy and calls for a higher degrees of transparency, coherence and coordination between Member States on matters related to bilateral investment projects and deals, particularly on FDI, where the EU has exclusive competence; draws attention to the links between economic dependencies and external political leverage at the level of Member States;
Amendment 57 #
2021/2037(INI)
Draft opinion
Paragraph 4 e (new)
Paragraph 4 e (new)
4 e. Stresses, in this context, the issues linked to strategic dependencies in the area of critical raw materials (CRMs) and the urgent need to augment the resilience of European supply chains; calls for efforts to diversify and consolidate the EU’s access to key strategic resources needed for powering the EU’s twin engines of growth, with a particular emphasis on the 30 elements present on the fourth list of CRMs updated in 2020; welcomes in this context the recently- adopted EU Action Plan on Critical Raw Materials;
Amendment 58 #
2021/2037(INI)
Draft opinion
Paragraph 4 f (new)
Paragraph 4 f (new)
4 f. Calls for increased attention to European SMEs that engage in commercial and investment relations with China and welcomes the Commission's support for SME-friendly initiatives such as the ‘Access to Markets’ portal, the Rules of Origin ‘ROSA’ portal or the China IPR SME Helpdesk, among others;
Amendment 59 #
2021/2037(INI)
Draft opinion
Paragraph 4 g (new)
Paragraph 4 g (new)
4 g. Is convinced of the vital significance of proper information regarding legislative and regulatory developments on the Chinese market, given its opaque and state-driven nature; recalls in this context the importance of frequent and frank discussions with EU institutions, the European Union Chamber of Commerce in China (EUCCC) and all our partners on the ground;
Amendment 60 #
2021/2037(INI)
Draft opinion
Paragraph 4 h (new)
Paragraph 4 h (new)
4 h. Urges China to make tangible progress towards improving its stance on sustainable development, including on climate protection and environmental- friendly production methods, corporate social responsibility, labor conditions and respect for human rights; considers important in this context concrete action towards the ratification and implementation of outstanding ILO core conventions;
Amendment 62 #
2021/2037(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes the conclusion in principle, at the political level, of the EU- China Comprehensive Agreement on Investment (CAI); recalls that the CAI alone cannot solve all issues ailing our economic and political relationship, and thus has to be considered in the context of a strengthened EU toolbox of unilateral measures; underlines it will thoroughly scrutinise the agreement, with a clear focus on its benefits related to a rebalancing in market access, fair competition and level playing field, including its sustainable development section, and take stock of the human rights context, before determining its position; stresses that proper implementation and effective enforcement will be key determinants of the utility and success of the agreement in redressing structural asymmetries in the trade and investment relationship; highlights the role and relevance of structured and frequent exchanges with the office of the Chief Trade Enforcement Officer in efforts to evaluate the future implementation of the CAI; recalls and strengthens in this context the importance of parliamentary diplomacy in facilitating mutual understanding, transparent communication and frank dialogue;
Amendment 74 #
2021/2037(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Deeply regrets the unfair and unacceptable Chinese escalation of placing elected Members of the European Parliament andEuropean Union institutions entities under sanctions, as this further erodes trust and hinders bilateral cooperation; underlines that the ratification process of the CAI cannot start until the Chinese sanctions against MEPs and EU institutions are not lifted;
Amendment 98 #
2021/2037(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Considers relevant a discussion on the wider regional trade architecture and deems it pertinent to have timely and comprehensive reports from the Commission on RCEP and the CPTPP, in order to ensure a solid situational awareness of what is evolving on the ground; is particularly interested in the implications for EU strategic interests of matters such as standard-setting in the Asia-Pacific as well as Rules of Origin provisions;
Amendment 101 #
2021/2037(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Draws attention to developments linked to the Chinese Belt and Road Initiative, as a key geopolitical instrument of the Chinese government; underlines that projects related to infrastructure or development financing ought to be closely monitored, including as concerns the possible negative political and geo- economic effects; highlights the need for the EU to enhance its own Connectivity Strategy, built on transparency, sustainability and accountability, as a geopolitical tool to engage with third countries in infrastructure or development projects;
Amendment 104 #
2021/2037(INI)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6 c. Recalls, in the context of the regional dynamics, the importance of EU- Taiwan relations, the bilateral structural dialogue, including on matters related to multilateralism and WTO, technology and public health, as well as essential cooperation on critical supplies such as semiconductors; urges the Commission to move forward with the Investment Agreement with Taiwan, taking the necessary steps for a scoping exercise, impact assessment and launching a public consultation;
Amendment 4 #
2021/2011(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the new EU Action Plan on Critical Raw Materials and stresses that EU t, the creation of the European Raw Materials Alliance (ERMA), and the emphasis on Critical Raw Materials (CRM) in the communication on the Trade pPolicy can play a key role as a vehicle for improving EU access to these materials; notes that the COVID-19 outbreak has expoReview (TPR); calls for an assertive trade policy emphasising the diversification and resilience of supply chains, and prioritising the improvement of global and EU mechanisms to create a favourable trade environment for European industry; stresses that EU trade policy plays a key role in improving EU access to all CRM, including base metals, industrial minerals, aggregates and biotic materials; notes that the disruption of worldwide supply chains caused by the lack of COVID-19 pandemic and the increasilience of global value chains for certain key products, showing the need for more robust and resilient supply chaing tensions between major powers has exposed strategic vulnerabilities for the EU, particularly in securing key resources necessary to deliver the Green Deal and to ensure the digital trans for critical raw materials; mation of the EU’s economy;
Amendment 11 #
2021/2011(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Welcomes the publication of the Updated New Industrial Strategy1a and its call to strengthen Europe’s strategic autonomy and new partnerships with industry and like-minded international partners; welcomes the Commission’s ongoing work on critical supply chains highlighting that critical raw and processed materials are essential to ensure the success of the clean energy and digital transitions; __________________ 1a Updating the 2020 New Industrial Strategy: Building a stronger Single Market for Europe’s recovery”, COM(2021) 350 final
Amendment 16 #
2021/2011(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that demand for raw materials is projected to double by 2050 and that the EU is highly reliant on non- EU countriewith concern the International Energy Agency’s 2021 projection that the energy sector’s global needs for critical minerals could increase by as much as six times by 2040 from use in batteries, renewable energy technologies, and grid infrastructure1a and is convinced that the EU’s significant dependency on imports for CRM, including 100% import reliance for several specialty metals and rare earths, undermines its strategic autonomy and geopolitical objectives; stresses that, because the EU supply and investment plans for many critical raw materials, making diversified sourcing essential to increase the EU’s security of supply fall short of what is needed to meet internal demand and that CRM prices are globally set, the EU industry faces a high international competition in access to raw materials and is vulnerable to export restriction measures by third countries; calls, therefore, on the Commission to diversify the supply sources of critical raw materials as much as possible, and reduce current reliance on a few third countries; calls on the Commission to focus also on securing supplies by establishing strategic stocks and appropriate stockpiling of critical raw materials in Europe, particularly in light of the uncertainties linked to the evolution of the geopolitical situation worldwide and the potential trade tensions with rich non- EU producer countries; __________________ 1a https://www.iea.org/reports/the-role-of- critical-minerals-in-clean-energy- transitions
Amendment 29 #
2021/2011(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Commission to use bilateral Free Trade Agreements (FTAs) to help secure a sustainable and diversified raw materials supply, while using stricter rules of origin and promoting sustainability standards worldwide; welcomes in that sense the ongoing dialogue with Canada and Chile aiming to strengthen trade relations in the area of CRM; underlines that future EU trade and partnership agreements can provide not only greater supply security but also a reliable political and economic framework and that they should include specific provisions on critical raw materials to promote cooperation and avoid export restrictions; emphasises the need for closer cooperation with key international suppliers especially Serbia, Ukraine, Australia, the US, Africa, Mercosur, and China;
Amendment 36 #
2021/2011(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Welcomes the Joint European Union - United States initiative on addressing global steel and aluminium excess capacity and calls for comprehensive and expeditious measures to hold to account countries like China that support trade-distorting policies; reminds the Commission, however, that for the time being the US Section 232 tariffs remain in full force and that this issue must urgently be resolved;
Amendment 42 #
2021/2011(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Underlines that future EU free trade agreements (FTAs) should include a specific focus on raw materials; cCalls on the Commission to further enhance the enforcement of FTAs to ensure that commitments and obligations on sourcing of critical raw materials are met by trading partners; calls on the Commission to strengthen cooperation on sustainable sourcing of raw materials with third countries under existing EU policies and instruments, including enlargement, neighbourhood, development and cooperation policies, and based on recognised international standards (e.g. OECD and UNGPs) and global industry initiatives on responsible sourcing; calls on the Commission to coherently align its actions on raw materials with other EU initiatives promoting sustainability in order to create a level playing field and to streamline the rule-book so that policies do not overburden industry;
Amendment 54 #
2021/2011(INI)
Draft opinion
Paragraph 3 e (new)
Paragraph 3 e (new)
3e. Requests that the Commission acts through the Waste Shipments Regulation review to prevent, through increased measures and a strengthened inspection system, the illegal and dubious exports of waste products containing critical raw materials to avoid improper treatment of electronics waste and batteries; calls for overall requirements that waste products containing critical raw materials are exported with a guarantee they will be treated under equivalent conditions to Europe in the destination country so that resources are not lost through informal recycling operations and which also supports the transition to the circular economy; considers that it is important to reinforce the availability of secondary raw materials, including ferrous scrap and rare earths, in order to improve the resilience and circularity of CRMs supplies;
Amendment 57 #
2021/2011(INI)
Draft opinion
Paragraph 3 f (new)
Paragraph 3 f (new)
3f. Calls on rules of origin to be used in a stricter way to safeguard raw materials production and prevent circumvention from regions where operators are subject to less stringent sustainability and industrial subsidies requirements;
Amendment 70 #
2021/2011(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Highlights that the strong state- backed competition for access to raw materials in third countries hampers EU resilience and security of supply, therefore welcomes the Commission's plans to establish strong and supportive international partnerships by endorsing a global agenda on raw materials, aiming for EU partnerships that ensure both security of supply and developmental benefits;
Amendment 71 #
2021/2011(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Welcomes the Joint Statement of the Trilateral Meeting of the Trade Ministers of Japan, the United States and the European Union Commission, and supports the proposed definition of industrial subsidies; welcomes that such definition extends beyond the WTO Agreement on Subsidies and Countervailing Measures and EU Anti- subsidy Regulation, and provides a broader definition of a subsidy; believes that such measures are crucial in levelling the international playing field in the area of CRM as industrial subsidies, particularly in China, pose a serious threat to EU industry and workers as it distorts international competition;
Amendment 152 #
2021/2011(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. The main goal of the Critical Raw Materials Resilience being to lay out of a way towards more sustainability and security, its scope should be extended to all raw materials, including secondary raw materials, that forma strategically important section of the key value chains.
Amendment 168 #
2021/2011(INI)
Draft opinion
Paragraph 6 – subparagraph 1 (new)
Paragraph 6 – subparagraph 1 (new)
Calls on the Commission to guarantee higher standards and availability of secondary raw materials by setting up a review of the Waste Shipment Regulation, securing that exports of types of waste that fall under the scope of the regulation are tied to environmental and social standards in the receiving countries that are at the same level as EU standards.
Amendment 179 #
2021/2011(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Commission to launch specific financial instruments related to Research and Innovation that are tied to waste processing and refurbishment of waste materials; processes that allow the extraction of raw materials from mining residues, tailing and complex streams.
Amendment 184 #
2021/2011(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. For the creation of easier joint ventures in third countries, that show high levels of resources, principally in South America, Africa and the Western Balkans, the EU should aim at making use of all means available, especially trade agreements and strategic partnerships. This should however be carried out in the highest respect of responsible sourcing and business conduct standards.
Amendment 73 #
2021/0402(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The objectives of this Regulation, in particular counteracting third countries’ economic coercion of the Union or a Member State, cannot be sufficiently achieved by Member States acting on their own. This is because Member States as distinct actors under international law may not be entitled under international law to respond to economic coercion directed against the Union. Additionally, because of the exclusive competence conferred on the Union by Article 207 of the Treaty on the Functioning of the European Union, Member States are prevented from taking common commercial policy measures as a response to economic coercion. Therefore, those objectives can be achieved with greater effectiveness atit is necessary that the means for achieving those objectives are created at the Union level.
Amendment 76 #
2021/0402(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) In accordance with the principle of proportionality, it is necessary and appropriate, for creating an effective and comprehensive framework for Union action against economic coercion, to lay down rules on the examination, determination and counteraction with regard to third countries’ measures of economic coercion. In particular, the Union’s response measures should be preceded by an examination of the facts, a determination of the existence of economic coercion, and, wherever possible, efforts to find a solution in cooperation with the third country concerned. Any measures imposed by the Union should be commensurate with the injury caused by the third countries’ measures of economic coercion. The criteria for defining the Union response measures should take into account in particular the need to avoid or minimise collateral effects, administrative burdens and costs imposed on Union economic operators as well as the Union’s interest. Any Union response measures should primarily take into account their likelihood and ability to induce the third country to cease the coercive measures. Therefore, this Regulation does not go beyond what is necessary in order to achieve the objectives pursued, in accordance with Article 5(4) of the Treaty on European Union.
Amendment 82 #
2021/0402(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The Commission should examine whether third-country measures are coercive, on its own initiative or following information received from any source, including legal and natural persons, the European Parliament or a Member State. Following this examination, the Commission should determine in a decision whether the third-country measure is coercive. The Commission should publicly communicate any affirmative determinationthe result of this examination. In the case of an affirmative determination, the Commission should communicate to the third country concerned, together with a request that the economic coercion cease and a request, where appropriate, that any injury be repaired.
Amendment 104 #
2021/0402(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) The Commission should evaluate measures adopted under this Regulation as to their effectiveness and operation and as to possible conclusions for future measures. The Commission should also review this Regulation after gaining sufficient experience with the existence or application of this Regulation., as well as to take account of the review of the Blocking Statute.1a This review should cover the scope, functioning, efficiency and effectiveness of this Regulation. The Commission should report on its assessment to the European Parliament and the Council, _________________ 1a Council Regulation (EC) No 2271/96 of 22 November 1996 protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom, OJ L 309,29.11.1996, p. 1–6
Amendment 113 #
2021/0402(COD)
Proposal for a regulation
Article 1 a (new)
Article 1 a (new)
Article 1 a Definitions For the purposes of this Regulation, the following definitions apply: (a) "threat of coercion" means a substantiated threat of a third country action or measure that is credible, significant, and could be quickly and easily deployed; b) “failure to act” means failure by a third country to take measures or actions to implement existing agreements that are fully ratified with the European Union or a Member State affecting trade or investment; (c) “Union interest” means ensuring the social, political, and economic cohesion of the union, upholding its strategic and economic interests, and ensuring the integrity of the single market;
Amendment 120 #
2021/0402(COD)
Proposal for a regulation
Article 2 – paragraph 1 – indent 2
Article 2 – paragraph 1 – indent 2
— by applying or threatening to apply measures affecting trade or investment. or failing to implement existing agreements that are fully ratified with the European Union or a Member State affecting trade or investment;
Amendment 133 #
2021/0402(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point e a (new)
Article 2 – paragraph 2 – point e a (new)
(ea) whether the third country is applying the measures as part of a broader pattern of behaviour against the interests or policy decisions of the Union or a Member State.
Amendment 139 #
2021/0402(COD)
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2 a. The Commission shall carry out the examination referred to in paragraph 1 in the event of a substantiated request of a Member State or the European Parliament.
Amendment 143 #
2021/0402(COD)
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1
Article 3 – paragraph 3 – subparagraph 1
The Commission mayshall publish a notice in the Official Journal of the European Union or through other suitable public communication means withof the launch of an examination procedure and may include an invitation to submit information within a specified time limit. In that event, the Commission shall notify the third country concerned of the initiation of the examination.
Amendment 183 #
2021/0402(COD)
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1 a. Where the conditions referred to in points (a), (b), and (c) are met in response to an affirmative determination of economic coercion by means of extra- territorial sanctions, the Commission shall only adopt an implementing act after it has exhausted the recourse to action provided by Council Regulation (EC) No 2271/96 of 22 November 1996.
Amendment 186 #
2021/0402(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The Union response measures shall apply from a specified date after the adoption of the implementing act referred to in paragraph 1. The Commission shall set this date of application, taking into account the circumstances, to allow for the notification of the third country concerned pursuant to paragraph 3 and for it to cease the economic coercion, as well as to allow sufficient time for business to adequately prepare for any anticipated effects.
Amendment 190 #
2021/0402(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The Commission shall, upon adoption of the implementing act, notify the third country concerned of the Union response measures adopted pursuant to paragraph 1. In the notification, the Commission shall, on behalf of the Union, call on the third country concerned to promptly cease the economic coercion, offer to negotiate a solution including, where appropriate, the reparation of the injury caused by it to the Union and its Members States, and inform the third country concerned that the Union response measure will apply, unless the economic coercion ceases.
Amendment 241 #
2021/0402(COD)
Proposal for a regulation
Article 10 – paragraph 5 a (new)
Article 10 – paragraph 5 a (new)
5 a. A Member State or the European Parliament may request the Commission to amend, suspend, or terminate a Union response measure after 18 months of its application. The Commission shall respond to requests within six months and provide a justification for its decision.
Amendment 242 #
2021/0402(COD)
Proposal for a regulation
Article 10 – paragraph 5 b (new)
Article 10 – paragraph 5 b (new)
5 b. A Member State that has been subject to economic coercion shall have the right to request the Commission to review measures, if the Member State considers that the measures are no longer sufficient to counteract coercion or commensurate to the economic coercion imposed by the third country.
Amendment 190 #
2021/0377(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EU) 2015/760
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Where an ELTIF has invested in shares or units of other ELTIFs, EuVECAs, EuSEFs, UCITS and EU AIFs managed by EU AIFMs in accordance with paragraph 1, point (d), of this Article, the assets of the respective ELTIF and other collective investment undertakings are to be combined for the purposes of determining the compliance with limits laid down in Article 13 and Article 16(1(3).’
Amendment 225 #
2021/0377(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 8 – point a
Article 1 – paragraph 1 – point 8 – point a
Regulation (EU) 2015/760
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The aggregate value of units or shares of ELTIFs, EuvECAs, EuSEFs, UCITS and of EU AIFs managed by EU AIFM in an ELTIF portfolio shall not exceed 40 100% of the value of the capital of the ELTIF.;
Amendment 252 #
2021/0377(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10 – point c a (new)
Article 1 – paragraph 1 – point 10 – point c a (new)
Regulation (EU) 2015/760
Article 16 – paragraph 2a (new)
Article 16 – paragraph 2a (new)
(c a) the following paragraph 2a is added: "2a. The borrowing limit laid down in this paragraph shall only apply as from the date specified in the rules or instruments of incorporation of the ELTIF.";
Amendment 119 #
2021/0376(COD)
Proposal for a directive
Recital 2
Recital 2
(2) A robust delegation regime, an equal treatment of custodians, coherence of supervisory reporting and a harmonised approach to the use of LMTs are equally necessary for the management of undertakings for collective investment in transferable securities (‘UCITS’). Therefore, it is appropriate to also amend certain rules of Directive 2009/65/EC of the European Parliament and of the Council26, which lays down rules reg in those areas, while bearding the authorisationin mind the different nature and scoperation of UCITS, in the areas of delegation, asset safekeeping, supervisory reporting and liquidity risk management of both directives, including the different supervisory reporting purposes. __________________ 26 Directive 2009/65/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS) (OJ L 302, 17.11.2009, p. 32).
Amendment 124 #
2021/0376(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3 a) In order to enhance legal certainty, it should be clarified that the management of AIFs also comprises the activities of originating loans on behalf of an AIF and servicing securitisation special purposes vehicles referred to in points 3 and 4 of Annex I of Directive 2011/61/EU.
Amendment 130 #
2021/0376(COD)
Proposal for a directive
Recital 7
Recital 7
Amendment 149 #
2021/0376(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Long-term, illiquid loans held by AIF mayight create liquidity mismatches if the AIFs open-ended structure allows investors to redeem their fund units or shares on a frequent basis. It is thereforeTherefore, where an AIFM is not able to demonstrate to the competent authorities of its home Member State that the AIF has liquidity robustness, it is necessary to mitigate risks related to maturity transformation by imposing a closed-ended structure for AIFs originating loans because close-ended funds would not be vulnerable to redemption demands and could hold originated loans to maturity.
Amendment 158 #
2021/0376(COD)
Proposal for a directive
Recital 23
Recital 23
(23) In order to ensure consistent harmonisation in the area of liquidity risk management by the managers of open- ended funds, powerESMA should be delegated to the Commission to adopt regulatory technical standards by means of delegated acts pursuant to Article 290 of the Treaty on the Functioning of the European Union (TFEU) in accordance with Articles 10 to 14 of Regulation (EU) No 1095/2010 of the European Parliament and of the Council42issue guidelines to specify the process for choosing and using LMTs to facilitate market and supervisory convergence. Those regulatory technical standards should be adopted on the basis of a draft developed by ESMA. Those guidelines should recognise that the primary responsibility for liquidity risk management remains with the AIFM. __________________ 42 Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/77/EC (OJ L 331, 15.12.2010, p. 84).
Amendment 159 #
2021/0376(COD)
Proposal for a directive
Recital 24
Recital 24
(24) To ensure investor protection and to addresswhere there are financial stability risks, in exceptional circumstances and after consulting the manager concerned, the competent authorities should be able to request that a manager of an open-ended fund activates or deactivate the appropriate LMTs certain LMTs recognising that the final decision remains the responsibility of the AIFM.
Amendment 167 #
2021/0376(COD)
Proposal for a directive
Recital 28
Recital 28
(28) To support supervisory convergence in the area of delegation ESMA should conduct peer reviewget a better understanding onf the supervisory practices with a particular focus on preventapplication of the provisions of this Directive, including in the careation of letter- box entities. ESMA’s analysis of the peer reviews will feed into the review of the measures adopted in this Directive and inform the European Parliament, the Council and the Commission of any additional measures that may be needed to support the effectiveness of the delegation regimes laid down in Directive 2011/61/EU of appropriate oversight and control of the delegation arrangements, in all the Member States. To this effect, ESMA should activate the tool at its disposal in the area of supervisory convergence that is most adequate in order to achieve the intended objective.
Amendment 170 #
2021/0376(COD)
Proposal for a directive
Recital 28 a (new)
Recital 28 a (new)
(28 a) Marketing of UCITS is not always conducted by the management company directly but by one or several distributors either on behalf of the management company or on their own behalf. There may also be cases where an independent financial advisor markets a fund without the management company’s knowledge. Most fund distributors are subject to regulatory requirements pursuant to Directive 2014/65/EU or Directive2016/97/EU, which define the scope and extent of their responsibilities towards their own clients. Directive 2009/65/EC should therefore acknowledge the diversity of distribution arrangements and recognise the existing safeguards for the arrangements whereby a distributor acts on its own behalf when it markets the AIF, among others, under Directive 2014/65/EU or through life insurance based investment products in accordance with Directive 2016/97/EU, in which case the provisions of this Directive regarding delegation should not apply irrespective of any distribution agreement between the management company and the distributor.
Amendment 171 #
2021/0376(COD)
Proposal for a directive
Recital 28 a (new)
Recital 28 a (new)
(28 a) General marketing and sales activities conducted by distributors on their own behalf should not be considered to be a delegation arrangement.
Amendment 193 #
2021/0376(COD)
Proposal for a directive
Recital 39
Recital 39
(39) In order to ensure consistent harmonisation of the notification process in the area of delegation, power should be delegated to the Commission to adopt regulatory technical standards by means of delegated acts pursuant to Article 290 of the Treaty on the Functioning of the European Union (TFEU) in accordance with Articles 10 to 14 of Regulation (EU) No 1095/2010 of the European Parliament and of the Council45 to specify the contents, forms and procedures to standardise the notification process of UCITS delegation arrangements. The notification form should contain data fields indicating the activities making up the risk and portfolio management functions in order to determine whether a UCITS management company has delegated more of such functions than it has retained. Those regulatory technical standards should be adopted based on a draft developed by ESMA. __________________ 45 Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/77/EC (OJ L 331, 15.12.2010, p. 84).
Amendment 197 #
2021/0376(COD)
Proposal for a directive
Recital 44
Recital 44
Amendment 199 #
2021/0376(COD)
Proposal for a directive
Recital 45
Recital 45
(45) In order to ensure consistent harmonisation in the area of liquidity risk management by the managers of UCITS, power should be delegated to the Commission to adopt regulatory technical standards by means of delegated acts pursuant to Article 290 of the Treaty on the Functioning of the European Union (TFEU) in accordance with Articles 10 to 14 of Regulation (EU) No 1095/2010 of the European Parliament and of the Council48 to specify the process for choosing and using LMTs to facilitate market and supervisory convergence. Those regulatory technical standards should be adopted on the basis of a draft developed by ESMA. Those guidelines should recognise that the primary responsibility for liquidity risk management remains with the UCITS manager. __________________ 48 Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/77/EC (OJ L 331, 15.12.2010, p. 84).
Amendment 211 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2011/61/EU
Article 4 – paragraph 1 – point ap a (new)
Article 4 – paragraph 1 – point ap a (new)
(ap a) ‘shareholder loan’ means a loan granted by an AIF to an undertaking in which it holds directly or indirectly at least 5 % of the capital or voting rights, where the loan cannot be sold to third parties independently of the capital instruments held by the AIF in the same undertaking.
Amendment 215 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2011/61/EU
Article 4 – paragraph 1 – point ap a (new)
Article 4 – paragraph 1 – point ap a (new)
(apa) ‘loan origination’ means the granting of loans by an AIF as the original lender;
Amendment 216 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2011/61/EU
Article 4 – paragraph 1 – point ap b (new)
Article 4 – paragraph 1 – point ap b (new)
(ap b) ‘tied agent’ means a natural or legal person who, under the full and unconditional responsibility of only one AIFM on whose behalf it acts, promotes investment and/or non-core services as defined in Article 6(4) to clients or prospective clients, receives and transmits instructions or orders from clients in respect of investment services or financial instruments, places financial instruments or provides advice to clients or prospective clients in respect of those financial instruments or services;
Amendment 221 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2011/61/EU
Article 4 – paragraph 1 – point ap c (new)
Article 4 – paragraph 1 – point ap c (new)
(ap c) ‘loan-originating AIF’ means an AIF whose principal activity, in line with its core investment policy, as specified in the relevant AIF’s rules or instrument of incorporation, is to originate loans.
Amendment 222 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
Directive 2011/61/EU
Article 4 – paragraph 1 – point ag
Article 4 – paragraph 1 – point ag
(-1) in Article 4(1), point (ag) is replaced by the following: ‘(ag) ‘professional investor’ means an investor that fulfils any of the following requirements: - the investor is considered to be a professional client or may, on request, be treated as a professional client within the meaning of Annex II of Directive 2014/65/EC; - the investor has invested or has committed to invest at least EUR 100 000 and has been informed in writing about the associated risks of the investment; or - the investor is a member of staff of the AIF and can therefore deemed to have sufficient knowledge about the AIF concerned;
Amendment 223 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point - a (new)
Article 1 – paragraph 1 – point - a (new)
Directive 2011/61/EU
Article 6 – paragraph 3 – subparagraph 1 a (new)
Article 6 – paragraph 3 – subparagraph 1 a (new)
(- a) the following subparagraph is added to paragraph 3: ‘Member States shall allow management companies to appoint tied agents for the purpose of promoting the services mentioned in this paragraph.’
Amendment 224 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a a (new)
Article 1 – paragraph 1 – point 2 – point a a (new)
Directive 2011/61/EU
Article 6 – paragraph 4 – subparagraph 1 a (new)
Article 6 – paragraph 4 – subparagraph 1 a (new)
(a a) the following subparagraph is added to paragraph 4: Member States shall allow AIFMs to appoint tied agents for the purpose of promoting the services mentioned in this paragraph.
Amendment 226 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Directive 2011/61/EU
Article 7 – paragraph 2 – point a – point i
Article 7 – paragraph 2 – point a – point i
(i) a detailed description of their role, title and level of seniority;
Amendment 266 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Directive 2011/61/EU
Article 15 – paragraph 4 b
Article 15 – paragraph 4 b
Amendment 267 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Directive 2011/61/EU
Article 15 – paragraph 4 c
Article 15 – paragraph 4 c
Amendment 288 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2011/61/EU
Article 16 – paragraph 2d
Article 16 – paragraph 2d
2d. An AIFM shall, without delay, notify the competent authorities of its home Member State when activating or deactivating a liquidity management tool mentioned in 2b. Where, in situations of liquidity stress, an AIFM activates or deactivates one of the liquidity management tools listed in points 1 to 2 of the list set out in Annex V it shall, without delay, notify the competent authorities of its home Member State. An AIFM shall notify the same competent authorities when activating or deactivating side pockets as referred to in point 8 of that Annex, in a reasonable timeframe prior to the activation or deactivation of that liquidity management tool.
Amendment 295 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2011/61/EU
Article 16 – paragraph 2g
Article 16 – paragraph 2g
2g. ESMA shall develop draft regulatory technical standardguidelines on criteria for the selection and use of suitable liquidity management tools by the AIFMs for liquidity risk management, including appropriate disclosures to investors, taking into account the capability of such tools to reduce undue advantages for investors that redeem their investments first, and to mitigate financial stability risks. Those guidelines shall recognise that the primary responsibility for liquidity risk management remains with the AIFM. They shall allow adequate time for adaptation before they apply, in particular for existing AIFs.
Amendment 304 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point a – point a
Article 1 – paragraph 1 – point 7 – point a – point a
Directive 2011/61/EU
Article 20 – paragraph 1 – introductory part
Article 20 – paragraph 1 – introductory part
1. AIFMs, which are entrusted with a function or service and which intend to delegate to third parties the task of carrying out, on their behalf, one or more of the functions listed in Annex I or of the services referred to in Article 6(4), shall notify the competent authorities of their home Member State before the delegation arrangements become effective. The following conditions shall be met:;
Amendment 309 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point b
Article 1 – paragraph 1 – point 7 – point b
Directive 2011/61/EU
Article 20 – paragraph 3
Article 20 – paragraph 3
3. The AIFM’s liability towards its clients, the AIF and its investors shall not be affected by the fact that the AIFM has delegated functions to a third party, or by any further sub-delegation, nor shall the AIFM delegate its functions to the extent that, in essence, it can no longer be considered to be the manager of the AIF or the provider of the services and to the extent that it becomes a letter- box entity.;
Amendment 319 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8 – point -a (new)
Article 1 – paragraph 1 – point 8 – point -a (new)
Directive 2011/61/EU
Article 21 – paragraph 5a (new)
Article 21 – paragraph 5a (new)
(-a) The following paragraph 5a is inserted: ‘5a. The home Member State of an AIF may entitle its national competent authorities to allow, following a case-by- case assessment, institutions referred to in point (a) of Article 21(3) and established in another Member State to be appointed as a depositary, provided that the following conditions are fulfilled: (i) the competent authorities have received a motivated request by the AIFM which shall demonstrate the lack of the relevant depositary services, in line with the investment strategy of the AIF, for the appointment of a depositary in another Member State; and (ii) the national depositary market of the home Member State of the AIF fulfils at least one of the following conditions: - such market consists of fewer than 7 depositaries providing depositary services to EU AIFs (authorised under Article 4 (k) (i)) of this Directive) and managed by an EU AIFMs (authorised under Article 7(1)) and where no depositary has the AIF assets safekept in the meaning of Article 21(8) points (a) and (b) which for each depositary does not exceed EUR 1 billion or the equivalent in any other currency. This threshold excludes depositaries acting under Article 36(1a) of this Directive and the own assets of the depositary; - the aggregate amount in such market of assets safekept in the meaning of Article 21(8) points (a) and (b) on behalf of EU AIFs (authorised under Article 4 (k) (i) of this Directive) and managed by an EU AIFMs (authorised under Article 7(1) of this Directive) does not exceed the amount of EUR 30 billion or the equivalent in any other currency. This threshold excludes depositaries acting under Article 36 (1)(a) of this Directive and the own assets of the depositary.
Amendment 323 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8 – point a a (new)
Article 1 – paragraph 1 – point 8 – point a a (new)
Directive 2011/61/EU
Article 21 – paragraph 6 a (new)
Article 21 – paragraph 6 a (new)
(a a) the following paragraph 6a is inserted: ‘6a. By way of derogation from paragraphs 1 to 6 of this Article, where the marketing function as referred in point (b) of Annex I, paragraph 2, is performed by one or several distributors which are not acting on behalf of the AIFM, pursuant to an agreement between the AIFM and that distributor or those distributors, such function shall not be considered to be a delegation subject to the requirements set out in paragraphs 1 to 6 of this Article.’
Amendment 348 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point c
Article 1 – paragraph 1 – point 10 – point c
Directive 2011/61/EU
Article 24 – paragraph 6 – subparagraph 1
Article 24 – paragraph 6 – subparagraph 1
ESMA shall develop draft regulatory technical standards specifying the details to be reported according to paragraphs 1 and points (a) to (ea) of paragraph 2. ESMA shall take into account other reporting requirements to which the AIFMs are subject and the report issued in accordance with paragraph 2 of Article 69b.
Amendment 370 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Directive 2011/61/EU
Article 38a
Article 38a
Amendment 384 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Directive 2011/61/EU
Article 46 – paragraph 2 – point j
Article 46 – paragraph 2 – point j
(j) in the interest of investors or of the public, require AIFMs to activate or deactivate a liquidity management tool referred to in point 1 or 2 of Annex V or selected by the AIFM in accordance with Article 16(2b), whichever is more suitable considering the type of open-ended AIF or group of open-ended AIFs concernedsuspend the issue, repurchase or redemption if units and investor protection or financial stability risks that necessitate this requirement.;
Amendment 390 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 18 – point b
Article 1 – paragraph 1 – point 18 – point b
Directive 2011/61/EU
Article 47 – paragraph 4 – point d
Article 47 – paragraph 4 – point d
(d) require non-EU AIFMs that are marketing in the Union AIFs that they manage or EU AIFMs managing non-EU AIFs to activate or deactivate a liquidity management tool referred to in point 1 or 2 of Annex V or selected by the AIFM, whichever is more suitable considering the type of open-ended AIF concerned and thsuspend, repurchase or redemption of units if there are investor protection or financial stability risks that necessitate this requirement.;
Amendment 392 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19 – point a
Article 1 – paragraph 1 – point 19 – point a
Directive 2011/61/EU
Article 50 – paragraph 5
Article 50 – paragraph 5
5. Where the competent authorities of one Member State have reasonclear and demonstrable grounds to suspect that acts contrary to this Directive are being or have been carried out by an AIFM not subject to supervision of those competent authorities, they shall notify ESMA and the competent authorities of the home and host Member States of the AIFM concerned thereof in as specific a manner as possible. The recipient authorities shall take appropriate action, shall inform ESMA and the notifying competent authorities of the outcome of that action and, to the extent possible, of significant interim developments. This paragraph shall be without prejudice to the competences of the notifying competent authority.;
Amendment 396 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19 – point b
Article 1 – paragraph 1 – point 19 – point b
Directive 2011/61/EU
article 50 – paragraph 5e
article 50 – paragraph 5e
5e. Where the competent authority does not act in accordance or does not intend to comply with ESMA’s opinion referred to in paragraph 5d, it shall inform ESMA, stating its reasons for the non- compliance or intention. In the event of a serious threat to investor protection, a threat to the orderly functioning and integrity of financial markets or a risk to the stability of the whole or part of the financial system in the Union, ESMA may publish the fact that a competent authority does not comply or intend to comply with its advice. ESMA may also decide, on a case-by-case basis, to publish the reasons provided by the competent authority in this regard. ESMA shall give the competent authorities advance notice about such publication.
Amendment 399 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19 – point b
Article 1 – paragraph 1 – point 19 – point b
Directive 2011/61/EU
Article 50 – paragraph 5f – subparagraph 1
Article 50 – paragraph 5f – subparagraph 1
The competent authority of the host Member State of an AIFM may, where it has good reasons to suspect that acts contrary to this Directive are being or have been carried out by the AIFM, request the competent authority of the home Member State of the AIFM to exercise, without delay, powers laid down in Article 46(2), specifying the reasons for its request and notifying ESMA and, if there are potential risks to the stability and integrity of the financial system, the ESRB thereof.
Amendment 402 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19 – point b
Article 1 – paragraph 1 – point 19 – point b
Directive 2011/61/EU
Article 50 – paragraph 5g
Article 50 – paragraph 5g
5g. ESMA may request the competent authority to submit explanations to ESMA in a reasonable time frame in relation to specific cases, which have cross-border implications, concern investor protection issues or pose risks to the financial stabilityraise a serious threat to investor protection, threaten the orderly functioning and integrity of financial markets or pose risks to the stability of the whole or part of the financial system in the Union.
Amendment 409 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive 2011/61/EU
Article 61 – paragraph 5
Article 61 – paragraph 5
5. The competent authorities of the home Member State of an AIF or in case where the AIF is not regulated the competent authorities of the home Member State of an AIFM mayhome Member State of an AIF may entitle its competent authorities to allow institutions referred to in point (a) of Article 21(3) and established in another Member State to be appointed as a depositary, subject to an application demonstrating the need for the AIFM to appoint a depositary in another Member State. This provision shall be without prejudice to the full application of Article 21, with the exception of point (a) of paragraph 5 of that Article on the place where the depositary is to be established.;
Amendment 410 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20 a (new)
Article 1 – paragraph 1 – point 20 a (new)
Directive 2011/61/EU
Article 61 – paragraph 5a (new)
Article 61 – paragraph 5a (new)
(20a) The following paragraph is added to Article 61: 5a. AIFMs in so far as they manage AIFs that originate loans and that have been constituted before ... [date of adoption of this Directive] may continue to manage such AIFs without complying with point (d) of Article 15(3), paragraphs 4a to 4f of Article 15 and Article 16(2a) of this Directive until ... [5 years + date of adoption of this Directive]. By way of derogation, loan-originating AIFs constituted before ... [date of adoption of this Directive] and that do not raise additional capital after ... [5 years + date of adoption of this Directive] shall be deemed to comply with the above- mentioned Articles.
Amendment 411 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Amendment 425 #
2021/0376(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
Directive 2009/65/EC
Article 2 – paragraph 1 – point u a (new)
Article 2 – paragraph 1 – point u a (new)
(u a) ‘tied agent’ means a natural or legal person who, under the full and unconditional responsibility of only one management company on whose behalf it acts, promotes investment and/or non- core services as defined in Article 6(3) to clients or prospective clients, receives and transmits instructions or orders from clients in respect of investment services or financial instruments, places financial instruments or provides advice to clients or prospective clients in respect of those financial instruments or services;
Amendment 456 #
2021/0376(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point c
Article 2 – paragraph 1 – point 3 – point c
Directive 2009/65/EC
Article 13 – paragraph 4
Article 13 – paragraph 4
Amendment 461 #
2021/0376(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point c
Article 2 – paragraph 1 – point 3 – point c
Directive 2009/65/EC
Article 13 – paragraph 5
Article 13 – paragraph 5
5. ESMA shall provide the European Parliament, the Council and the Commission with regular reports, at least every two years, analysing market practices regarding delegation to entities located in third countries and compliance with Articles 7 and 13.
Amendment 475 #
2021/0376(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Directive 2009/65/EC
Article 18 – paragraph 3
Article 18 – paragraph 3
Amendment 477 #
2021/0376(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Directive 2009/65/EC
Article 18 – paragraph 4
Article 18 – paragraph 4
4. ESMA shall develop draft regulatory technical standards on criteriaguidelines for the selection and use of suitable liquidity management tools by the management companies for liquidity risk management, including appropriate disclosures to investors, taking into account the capability of such tools to reduce undue advantages for investors that redeem their investments first, and to mitigate financial stability risks. Those guidelines shall recognise that the primary responsibility for liquidity risk management remains with the UCITS. They shall allow adequate time for adaptation before they apply, in particular for existing UCITS.
Amendment 519 #
2021/0376(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
Directive 2009/65/EC
Article 84 – paragraph 2 – point b
Article 84 – paragraph 2 – point b
(b) in the interest of the unit-holders or of the public, competent authorities of a UCITS home Member State may require a UCITS to activate a liquidity management tool referred to in points 1 or 2 of Annex IIA or selected and notified by the UCITS in accordance with Article 18a(2), whichever is more suitable considering the type of UCITS and thesuspend the issue, repurchase or redemption of units if there are financial stability risks that necessitate taking this measure.
Amendment 520 #
2021/0376(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
The UCITS shall notify, without delay, the competent authorities of theirits home Member State and the competent authorities of all Member States in which it markets its units, wwhen activating or deactivating suspension of redemptions and redemption gates as referred to in points 1 and 2 of Annex IIA. The UCITS shall notify the same competent authorities when activating or deactivating side pockets as referred to in point 8 of that Annex, in a reasonable timeframe prior to then activationg or deactivating aon of this liquidity management tool referred to in paragraph 2, point (a), so as to receive approval from its supervisory authority for its activation or deactivation in the best interest of investors.
Amendment 523 #
2021/0376(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
Directive 2009/65/EC
Article 84 – paragraph 3 – subparagraph 2
Article 84 – paragraph 3 – subparagraph 2
The competent authorities of the home Member State of the UCITS shall inform, without delay, the competent authorities of a host Member State of the UCITS and, if there are potential risks to the stability and integrity of the financial system, ESMA and the ESRB about any notification received in accordance with this paragraph.
Amendment 524 #
2021/0376(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
Directive 2009/65/EC
Article 84 – paragraph 3a
Article 84 – paragraph 3a
3a. The competent authorities of the UCITS home Member State shall notify the competent authorities of all Member States in which the UCITS markets its units, ESMA and the ESRB prior to in parallel with exercising powers pursuant to paragraph 2, point (b) and, if there are potential risks to the stability and integrity of the financial system, ESMA and the ESRB thereof.
Amendment 531 #
2021/0376(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
Directive 2009/65/EC
Article 84 – paragraph 3e
Article 84 – paragraph 3e
3e. Where the competent authority does not act in accordance or does not intend to comply with ESMA’s opinion referred to in paragraph 3d, it shall inform ESMA, stating the reasons for the non- compliance or intention. In case there is a serious threat to investor protection, a threat the orderly functioning and integrity of financial markets or a risks to the stability of the whole or part of the financial system in the Union ESMA may publish the fact that a competent authority does not comply or intend to comply with its advice. ESMA may also decide, on a case-by-case basis, to publish the reasons provided by the competent authority in this regards. ESMA shall give the competent authorities advance notice about such publication.’
Amendment 536 #
2021/0376(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
Directive 2009/65/EC
Article 98 – paragraph 3 – subparagraph 1
Article 98 – paragraph 3 – subparagraph 1
The competent authority of the UCITS host Member State may, where it has good reasons to suspect that acts contrary to this Directive are being or have been carried out by the AIFM, request the competent authority of the UCITS home Member State to exercise, without delay, powers laid down in paragraph 2 specifying the reasons for its request and notifying ESMA and, if there are potential risks to the stability and integrity of the financial system, the ESRB thereof.
Amendment 537 #
2021/0376(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
Directive 2009/65/EC
Article 98 – paragraph 3 – subparagraph 2
Article 98 – paragraph 3 – subparagraph 2
The competent authority of the UCITS home Member State shall, without unreasonable delay, inform the competent authority of the UCITS host Member State, ESMA and, if there are potential risks to the stability and integrity of the financial system, the ESRB of the powers exercised and its findings.’
Amendment 539 #
2021/0376(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
4. ESMA may request the competent authority to submit explanations to ESMA in relation to specific cases, which have cross-border implications, concern investor protection issues or pose risks to the financial stability.’;raise a serious threat to investor protection threaten the orderly functioning and integrity of financial markets or pose risks to the stability of the whole or part of the financial system in the Union.
Amendment 544 #
2021/0376(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
Directive 2009/65/EC
Article 101a – paragraph 1
Article 101a – paragraph 1
Amendment 547 #
2021/0376(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
Directive 2009/65/EC
Article 101a – paragraph 2
Article 101a – paragraph 2
Amendment 549 #
2021/0376(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 11
Article 2 – paragraph 1 – point 11
Directive 2009/65/EC
Article 110a
Article 110a
Amendment 1 #
2021/0366(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Forests provide a broad variety of environmental, economic and social benefits, including timber and non-wood forest products and environmental services essential for humankind, as they harbour most of the Earth’s terrestrial biodiversity. They maintain ecosystem functions, help protect the climate system, provide clean air and play a vital role for the purification of waters and soils as well as for water retention and recharge, while more than a quarter of modern medicines are derived from tropical forest plants. Large forest areas act as a moisture source and help prevent desertification of continental regions. In addition, forests provide subsistence and income to about one third of the world’s population and their destruction has serious consequences for the livelihoods of the most vulnerable people, including indigenous peoples and local communities who heavily depend on forest ecosystems.18 Furthermore, deforestation and, forest degradation and forest conversion reduce essential carbon sinks and increase the likelihood of new diseases spreading from animals to humans.. Deforestation, forest degradation and forest conversion also increase contacts between wild animals and farmed animals and humans, thereby increasing the likelihood of new diseases spreading and the risks of new epidemics and pandemics. CA19 __________________ 18 Commission Communication of 27 July 2019 ’Stepping up EU Action to Protect and Restore the World’s Forests’, COM(2019) 352 final.
Amendment 2 #
2021/0366(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Deforestation and, forest degradation and forest conversion contribute to the global climate crisis in multiple ways. Most importantly, they increase greenhouse gas emissions through associated forest fires, permanently removing carbon sink capacities, decreasing climate change resilience of the affected area and substantially reducing its biodiversity and resilience to diseases and pests. Deforestation alone accounts for 11 % of greenhouse gas emissions20 . CA19 __________________ 20 IPCC, Climate Change and Land: an IPCC special report on climate change, desertification, land degradation, sustainable land management, food security, and greenhouse gas fluxes in terrestrial ecosystems, https://www.ipcc.ch/srccl/.
Amendment 3 #
2021/0366(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Climate breakdown induces the loss of biodiversity globally and biodiversity loss aggravates climate change, they are inextricably linked, as recent studies have confirmed. Biodiversity helps mitigate climate changeand ecosystems are fundamental to climate resilient development1a. Insects, birds and mammals act as pollinators, seed dispersers and can help store carbon more efficiently, directly or indirectly. Forests also ensure a continuous replenishment of water resources and prevention of droughts and their deleterious effects to local communities, including indigenous peoples. Drastically reducing deforestation and, forest degradation and forest converstion and systemically restoring forests and other ecosystems is the single largest nature-based opportunity for climate mitigation. CA19 __________________ 1a IPCC Report-Summary for policy makers, February 2022 https://report.ipcc.ch/ar6wg2/pdf/IPCC_A R6_WGII_SummaryForPolicymakers.pdf
Amendment 4 #
2021/0366(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Biodiversity is essential for the resilience of ecosystems and their services both on local and global level. Over half of the global gross domestic product depends on nature and the services it provides. Three major economic sectors – construction, agriculture, food and drink – all highly depend on nature. Biodiversity loss threatens sustainable water cycles and our food systems, putting our food security and nutrition at risk. More than 75% of global food crop types rely on animal pollination. Further, several industrial sectors rely on genetic diversity, and ecosystem services as critical inputs for production, notably for medicines.present in complex, naturally regenerating forests with sustained complex symbiotic relationships, as critical inputs for production, notably for medicines, including antimicrobials. Furthermore, transpiration, the process by which trees take water from the ground and release it into the atmosphere from their leaves, is a major source of water to the atmosphere, and is estimated to be responsible for around half of all precipitation. Deforestation therefore heavily influences rainfall regime and the natural regulation of water flows, both within forests but also in surrounding areas. The impact of deforestation on Earth’s water recycling system risks to be as devastating as its impact for climate change. CA19
Amendment 5 #
2021/0366(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Climate change, biodiversity loss and deforestation are concerns of the highest global importance, affecting the survival of humanity and sustained living conditions on Earth. The acceleration of climate change, biodiversity loss and environmental degradation, paired with tangible examples of their devastating effects on nature, human living conditions and local economies, have led to the recognition of the green transition as the defining objective of our time and a matter of gender equality and of intergenerational equity. CA19
Amendment 6 #
2021/0366(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Union consumption is a considerable driver of deforestation, natural ecosystem conversion and natural ecosystem and forest degradation and conversion on a global scale. The initiative’s Impact Assessment estimated that without an appropriate regulatory intervention EU consumption and production of theonly six commodities included in the scope (wood, cattle, soy, palm oil, cocoa and coffee) will rise to approximately 248,000 hectares of deforestation annually by 2030. CA1
Amendment 7 #
2021/0366(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) As regards the situation of forests within the EU, the State of Europe’s Forests 2020 report21 states that, between 1990 and 2020, the area of forests in Europe has increased by 9%, carbon stored in the biomass has grown by 50% and wood supply has risen by 40%. HoweverNevertheless natural and old-growth forests are also subject to management intensification and their unique biodiversity and structural features are in danger. Furthermore, less than 5% of European forest areas are now considered undisturbed, or natural, according to the European Environment Agency’s State of the Environment 2020 report22 .nd climate change leads to threats ranging from extreme weather patterns to bug diseases. Forest ecosystems have to cope with multiple pressures generated from human-related activities. These include activities that directly affect ecosystems and habitats such as certain forest management practices. In particular, intensively managed even-aged forests may have a severe impact on whole habitats through clear-cutting and deadwood removal22a. CA19 __________________ 21 Forest Europe - Ministerial Conference on the Protection of Forests in Europe, State of Europe’s Forests 2020, https://foresteurope.org/state-europes- forests-2020/. 22 European Environment Agency, State of the Environment 2020, https://www.eea.europa.eu/soer/publication s/soer-2020. 22a European Environment Agency, State of the Environment 2020, https://www.eea.europa.eu/soer/publicatio ns/soer-2020.
Amendment 8 #
2021/0366(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The European Parliament highlighted that ongoing destruction and degradation of the world’s forests isand natural ecosystems, as well as human rights violations, are linked, to a large extent, to the expansion of agricultural production — in particular by converting forests to agricultural land dedicated to producing a number of high-demand products and commodities. The Parliament adopted on 22 October 2020 a resolution32 in accordance with Article 225 of the Treaty on the Functioning of the European Union (TFEU) requesting the Commission to submit, on the basis of Article 192(1) TFEU, a proposal for an “EU legal framework to halt and reverse EU-driven global deforestation”. based on mandatory due diligence. CA19 __________________ 32 European Parliament resolution of 22 October 2020 with recommendations to the Commission on an EU legal framework to halt and reverse EU-driven global deforestation (2020/2006(INL) Available at https://www.europarl.europa.eu/doceo/doc ument/TA-9-2020-0285_EN.html.
Amendment 9 #
2021/0366(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Combatting deforestation and forest degradat, natural ecosystem conversion, natural ecosystem and forest degradation and forest conversion constitutes an important part of the package of measures needed to reduce greenhouse gas emissions and to comply with the Union's commitment under the European Green Deal as well as with the 2015 Paris Agreement on Climate Change33 , and the Eighth Environment Action Programme adopted by Decision (EU) 2022/591 of the European Parliament and of the Council, and with the legally binding commitment under the EU Climate Law to reach climate neutrality by 2050 at the latest and reduce greenhouse gas emissions by at least 55 % below 1990 levels by 2030. CA1 __________________ 33 Ratified by the EU on 5 October 2016, and entered into force on 4 November 2016.
Amendment 10 #
2021/0366(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The Union imported and consumed one third of the globally traded agricultural products associated with deforestation between 1990 and 2008. Over that period, Union consumption was responsible for 10% of worldwide deforestation associated with the production of goods or services. Even if the relative share of EU consumption is decreasing, EU consumption is a disproportionally large driver of deforestation. The Union should therefore take action to minimise global deforestation and forest degradation driven by its consumption of certain commodities and products and thereby seek to reduce its contribution to greenhouse gas emissions and global biodiversity loss as well as promote sustainable production and consumption patterns in the Union and globally. To have the greatest impact, Union policy should aim at influencing the global market, not only supply chains to the Union. Partnerships and efficient international cooperation, including free trade agreements (FTAs), with producer and consumer countries are fundamental in that respect. CA20
Amendment 11 #
2021/0366(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) This Regulation should also respond to the 2021 Glasgow Leaders’ Declaration on Forests and Land Use37 that recognises that “to meet our land use, climate, biodiversity and Sustainable Development Goals, both globally and nationally, will require transformative further action in the interconnected areas of sustainable production and consumption; infrastructure development; trade, finance and investment; and support for smallholders, Indigenous Peoples, and local communities”. The signatories also stressed in that Declarationcommitted to halt and reverse forest loss and land degradation by 2030 and stressed that they will strengthen their shared efforts to facilitate trade and development policies, internationally and domestically, that promotes sustainable development and sustainable commodity production and consumption, that work to countries’ mutual benefit, and that do not drive deforestation and land degradation.. CA19 __________________ 37 https://ukcop26.org/glasgow-leaders- declaration-on-forests-and-land-use/.
Amendment 12 #
2021/0366(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) As a member of World Trade Organisation (WTO), the Union is committed to promoting a universal, rule- based, open, transparent, predictable, inclusive, non-discriminatory and equitable multilateral trading system under the WTO, as well as an open, sustainable, and assertive trade policy. Any measures introduced by the Union that affects trade are required to be WTO compliant. Further, all measures introduced by the Union that affect trade are required to take into account the possible response of the Union’s trade partners and ensure that the enforcement of the measure is not unduly restrictive nor disruptive to trade, while taking into account that the conservation of exhaustible natural resources is of overriding interest. The scope of this Regulation will therefore include both commodities and products produced within the Union and commodities and products imported to the Union. as well as focus on commodities and products most at risk of leading to deforestation and forest degradation. CA20
Amendment 13 #
2021/0366(COD)
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) The challenges the world is facing in climate change and biodiversity loss can only be dealt with by global action. The Union should be a strong global actor both leading by example and taking the lead in international cooperation to create an open and fair multilateral system where sustainable trade acts as a key enabler of the green transition to both fight climate change and reverse biodiversity loss. CA20
Amendment 14 #
2021/0366(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) This Regulation also follows the Commission’s Communication on “An Open, Sustainable and Assertive Trade Policy”38 which stated that with new internal and external challenges and more particularly a new, more sustainable growth model as defined by the European Green Deal and the European Digital Strategy, the EU needs a new trade policy strategy – one that will support achieving its domestic and external policy objectives and promote greater sustainability in line with its commitment of fully implementing the UN Sustainable Development Goals. Trade policy must play its full role in the recovery from the COVID-19 pandemic and and international cooperation can be important tools for consolidating higher standards of sustainability, especially with regard to sectors that are linked to forests and their derived value chains. However, the evaluation of existing free trade agreements has shown that in some cases there are weaknesses in the implementation and enforcement of existing thrade agreen and digital transformations of the economy and towards building a more resilient Europe in the world.ments and that Union trade and investment policies need to be streamlined in order to address the global deforestation challenge in a more effective manner. CA20 __________________ 38 Communication from the Commission to the European Parliament, the Council, the European, Economic and Social Committee and the Committee of the Regions, Trade Policy Review - An Open, Sustainable and Assertive Trade Policy, COM(2021) 66 final, 18 February 2021.
Amendment 15 #
2021/0366(COD)
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) In order to revitalise the Union`s work on free trade agreements, ensure a level-playing field for Union businesses and to fulfil the Union’s commitments under the Paris agreement and the Convention on Biological Diversity, which call for the protection of forests, the Union’s trade policy should focus on implementing and enforcing current trade agreements as well as conducting negotiations and concluding new trade agreements which include strong, binding and enforceable provisions on sustainable development. CA20
Amendment 16 #
2021/0366(COD)
Proposal for a regulation
Recital 19 b (new)
Recital 19 b (new)
(19b) Robust clauses on deforestation, forest degradation and the conversion and degradation of other ecosystems should be included in the negotiating mandates and sustainable benchmarks for relevant raw materials should be included for the granting of new trade preferences. CA20
Amendment 17 #
2021/0366(COD)
Proposal for a regulation
Recital 19 c (new)
Recital 19 c (new)
(19c) Any partnership or cooperation with a trade partner should always allow for the full participation of all stakeholders, including civil society, Indigenous people, local communities, local authorities and the private sector including SMEs and smallholders, taking into account the autonomy of social partners. CA20
Amendment 18 #
2021/0366(COD)
Proposal for a regulation
Recital 19 d (new)
Recital 19 d (new)
(19d) Public procurement provisions in free trade agreements should take into account social, environmental and responsible business conduct. CA20
Amendment 19 #
2021/0366(COD)
Proposal for a regulation
Recital 19 e (new)
Recital 19 e (new)
(19e) The proposed regulation should be accompanied by strong partnership agreements based on trade and cooperation with major producer countries of the relevant commodities and products taking into account the special interests of smallholders and local communities. CA20
Amendment 20 #
2021/0366(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) This Regulation should be complementary to other measures proposed in the Commission Communication ‘Stepping up EU Action to Protect and Restore the World’s Forests’39 , in particular: 1) working in partnership with producer countries, to support them in addressing root causes of deforestation, such as weak governance, ineffective law enforcement and corruption, and 2) strengthen international cooperation, with major consumer countries, to promote by, amongst other actions, promoting trade agreements that include forest conservation provisions and encourage trade in deforestation-free agricultural and forest- based products, and the adoption of similar measures to avoid products coming from supply chains associated with deforestation and forest degradation being placed on their markets. CA20 __________________ 39 COM(2019) 352 final.
Amendment 21 #
2021/0366(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) TIn coordination with the Member States, the Commission should continue to work in partnership with producer countries, and more generally in cooperation with international organisations and bodies as well as relevant stakeholders active on the ground, and should be reinforcing its support and incentives with regard to protecting and restoring forests and transition to deforestation-free production, acknowledging the role of indigenous people, improving governance and land tenureand strengthening the role and rights of indigenous peoples and local communities, improving governance and land tenure, the right to free, prior and informed consent, increasing law enforcement and promoting close to nature sustainable forest management based on indicators and thresholds, ecotourism, climate-resilient agriculture, sustainable intensification and diversification, agro- ecology and agroforestry. In doing so it should acknowledge the role of indigenous peoplefully recognise the role and rights of indigenous peoples and local communities in protecting forests. Building upon the experience and lessons learned in the context of the already existing initiatives, the Union and the Member States should work in partnership with producer countries, upon their request, to exploit the multi-functionalities of forest, support them in the transition to sustainable forest management, and address global challenges while meeting local needs and paying attention to the challenges faced by smallholders in line with the Communication to Stepping up Action to Protect and Restore the World’s Forests. Any rules and requirements should try to minimise the burden on smallholders in third countries and try to prevent barriers to their access to the Union market and to international trade. The partnership approach should help producer countries in protecting, restoring and sustainably using forest, hence contributing to the objective of this Regulation to reduce deforestation and forest degradation. as well as supporting forest restoration, including through the use of digital technologies and geospatial information. CA20
Amendment 22 #
2021/0366(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Another important action announced in the Communication is the establishment of the EU Observatory on deforestation, forest degradation, changes in the world’s forest cover and associated drivers (“EU Observatory”) launched by the Commission in order to better monitor changes in the world’s forest cover and related drivers. Moreover, building on already existing monitoring tools, including Copernicus products and other publicly or privately available sources, the EU Observatory will facilitate access to information on supply chains for public entities, consumers and business, providing easy-to-understand data and information linking deforestation, forest degradation, and changes in the world’s forest cover to EU demand/trade for commodities and products. The EU Observatory will thus directly support the implementation of this Regulation by providing scientific evidence in regard to global deforestation and forest degradation and related trade. The EU Observatory will cooperate closely with relevant international organisations, research institutes, and third countries.and forest degradation and related trade. The EU Observatory should have stable and sufficient resources and should participate in the establishment of a rapid alert system for operators, traders, civil society and competent authorities where the forest cover analysis reveals deforestation or forest degradation activity. In order to facilitate the implementation of this Regulation, the Commission should also examine how the EU Observatory can contribute to the analysis of relevant legislation in producer countries, including tenure rights and the procedural right to give free, prior and informed consent. The EU Observatory will cooperate closely with relevant international organisations, research institutes, non-governmental organisations, operators and third countries. It will also cooperate with the competent authorities of the Member States with a view to centralising the data and the results of the controls which they carry out on the spot. CA19
Amendment 23 #
2021/0366(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Available reports confirm that a sizable part of ongoing deforestation is legal according to the laws of the country of production. A recent report43 estimates that between 2013 and 2019, around 30% of deforestation destined to commercial agriculture in tropical countries was legal. Available data tend to focus on countries with weak governance — the global share of deforestation that is illegal might be lower, but already provide clear data signalling that leaving out deforestation that is legal in the country of production undermines the effectiveness of policy measures. in this area. CA19 __________________ 43 https://www.forest-trends.org/wp- content/uploads/2021/05/Illicit-Harvest- Complicit-Goods_rev.pdf.
Amendment 24 #
2021/0366(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) The definition of “deforestation- free” should be sufficiently broad to cover both deforestation and, forest degradation, and forest conversion it should provide legal clarity, and it should be measurable based on quantitative, objective and internationally recognised data. CA2
Amendment 25 #
2021/0366(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) The Regulation should cover those commodities whose Union consumption is the most relevant in terms of driving global deforestation and, forest degradation and forest conversion and for which a Union policy intervention could bring highest benefits per unit value of trade. An extensive review of scientific literature, namely of primary sources estimating the impact of EU consumption on global deforestation and linking that environmental footprint to specific commodities, was carried out as a part of the study supporting the Impact Assessment and cross-checked via extensive consultation with stakeholders. That process delivered a first list of eight commodities. Wood was directly included in the scope as it was already covered by the EUTR. The list of the commodities was then further reduced via an efficiency analysis in the Impact Assessment. This efficiency analysis compared the hectAccording to a recent research44 paper used for the efficiency analysis, six commodities represent the largest shares of EU-driven deforestation linked to EU consumption, as estimated in a recent research paper44 , for each of those commodities with their average value of EU imports. According to the research paper used for the efficiency analysis, six commodities represent the largest share of EU-driven deforestation among the total of eight commodities analysamong the total of commodities analysed in that research paper: palm oil (33,95%), soy (32,83%), wood (8,62%), cocoa (7,54%), coffee (7,01%) and beef (5,01%). Meat imported into the Union should be subject to the same rules as meat produced within the EU. Therefore, meat from swine, poultry, and sheep and goats should be covered by this Regulation to ensure that animals raised outside the Union and then imported have been fed with deforestation-free commodities or products. Rubber and maize should also be covered inby that research paper: palm oil (33,95%), soy (32,83%), wood (8,62%), cocoa (7,54%), coffee (7,01%) and beef (5,01%).is Regulation due to their impact on global deforestation. The Commission should be entitled to adopt delegated acts to extend the scope of Annex I. CA1 __________________ 44 Pendrill F., Persson U. M., Kastner, T. 2020.
Amendment 26 #
2021/0366(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) Obligations concerning relevant commodities and products should be laid down by this Regulation in order to effectively combat deforestation, forest degradation and forest conversion, and to promote deforestation- free supply chains., as well as to promote the protection of human rights, and the rights of indigenous peoples and local communities, both in the Union and in third countries. CA1
Amendment 27 #
2021/0366(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) Many international organisations and bodies (e.g. Food and Agriculture Organization of the United Nations, the Intergovernmental Panel on Climate Change, United Nations Environment Programme, the Paris Agreement, International Union for the Conservation of Nature, Convention on Biological Diversity) have developed work in the field of deforestation and forest degradation as well as the conversion and degradation of other ecosystems and the definitions in this Regulation build on this work. CA19
Amendment 28 #
2021/0366(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) A cut-off date should be set to provide a basis for the evaluation of whether concerned land has been subject to deforestation or, forest degradation or forest conversion, meaning that no commodities and products in the scope of this Regulation would be allowed to enter the Union market or be exported if they were produced on land subject to deforestation or forest degradation or forest conversion after that date. It should allow for the appropriate verification and monitoring, correspond totaking into account existing international commitments, such as the SDGs and the New York Declaration on Forests, thus minimising sudden disruption to supply chains while removing any incentive to accelerate activities leading to deforestation and, forest degradation and forest conversion in view of the entry into force of this Regulation. CA2
Amendment 29 #
2021/0366(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) To strengthen the Union’s contribution to halting deforestation and, forest degradation and forest conversion, and to ensure that commodities and products from supply chains related to deforestation and, forest degradation are not placed onnd forest conversion are not placed on or exported from the Union market, relevant commodities and products should not be placed or made available on the Union market, nor exported from the Union market unless they are deforestation-free and have been produced in accordance with the relevant legislation of the country of productiondomestic and international law and standards. To confirm that this is the case, they should always be accompanied by a due diligence statement. CA1
Amendment 30 #
2021/0366(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) On the basis of a systemic approach, operators should take the appropriate steps in order to ascertain that the relevant commodities and products that they intend to place on the Union market comply with the deforestation-free and legality requirements of this Regulation. To that end, operators should establish and implement due diligence procedures. The due diligence procedure required by this Regulation should include threefour elements: information requirements, risk assessment and risk mitigation measures and reporting obligations. The due diligence procedures should be designed to provide access to information about the sources and suppliers of the commodities and products being placed on the Union market, including information demonstrating that the absence of deforestation and, forest degradation and forest conversion and legality requirements are fulfilled, and that the country of production has complied with the legality requirement and with international human rights law, including the right to prior, free and informed consent inter alia by identifying the country and area of production or parts thereof, including geo-location coordinates of relevant plots of land. These geo-location coordinates that rely on timing, positioning and/or Earth observation could make use of space data and services delivered under the Union’s Space programme (EGNOS/Galileo and Copernicus). The application of the geolocation requirement in sectors where smallholders represent a significant share of producers could be particularly challenging, and guidance as well as technical and financial support should be provided where relevant. On the basis of this information, operators should carry out a risk assessment. Where a risk is identified, operators should mitigate such risk to achieve no or negligible risk. Only after completing the required steps of the due diligence procedure and concluding that no or negligible risk exists that the relevant commodity or product is not compliant with this Regulation, should the operator be allowed to place the relevant commodity or product on the Union market or to export it. In order to foster transparency and facilitate enforcement, operators should, on an annual basis, publicly report on their due diligence system, including on the steps taken to implement their obligations. CA3
Amendment 31 #
2021/0366(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) Operators placing a commodity or product concerned on the Union market or exporting a product ora commodity to a third country should formally assume responsibility for the compliance of the relevant commodities or products that they intend to place on the Union market or to export by making available due diligence statements. A template for such statements should be provided by this Regulation. This is expected to facilitate enforcement of this Regulation through competent authorities and courts as well as increase compliance by operators. CA3
Amendment 32 #
2021/0366(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) Traders should be responsible for collecting and keeping information ensuring the transparency of the supply chain of relevant commodities and products which they make available on the market. Large traders that are not small and medium-sized enterprises (SMEs) have a significant influence on supply chains and play an important role in ensuring that theysupply chains are deforestation-free and should therefore have the same obligations as operators. CA4
Amendment 33 #
2021/0366(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) In order to foster transparency and facilitate enforcement, operators which are not SMEs should, on an annual basis, publicly report on their due diligence system, including on the steps taken to implement their obligations. CA4
Amendment 34 #
2021/0366(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) Other EU legislative instruments that set out due diligence requirements in the value chain with regard to adverse human rights or environmental impacts, such as Regulation (EU) 2020/852 of the European Parliament and of the Council1aand [the forthcoming Directive on Corporate Sustainability Due Diligence]1b, should apply in so far as there are no specific provisions with the same objective, nature and effect in this Regulation which may be adapted in the light of future legislative amendments. The existence of thisis Regulation aims to ensure the conformity of commodities and products with sustainability and legality requirements. It applies ex-ante, before commodities or products are placed on or exported from the EU market. The existence of this commodity-specific Regulation should not exclude the application of other EU legislative instruments that lay down requirements regarding value chain due diligence. Where such other EU legislative instruments provide for more specific provisions or add requirements to the provisions laid down in this Regulation, such provisions should be applied in conjunction with those of this Regulation. Furthermore, where this Regulation contains more specific provisions, they should not be interpreted in a way that undermines the effective application of other EU legislative instruments on due diligence or the achievement of their general aim. The Commission should issue clear and easy to understand guidelines to help operators and traders, in particular SMEs, to comply with the requirements of this regulation with the aim to minimize the administrative and financial burden. The guidelines should also support operators to fulfill their due diligence requirements in an effective manner when they fall under the scope of other overlapping legislative instruments setting out other due diligence requirements. CA1 __________________ 1a Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU) 2019/2088 (OJ L 198, 22.6.2020, p. 13). 1b COM(2022)0071 final.
Amendment 35 #
2021/0366(COD)
Proposal for a regulation
Recital 38 a (new)
Recital 38 a (new)
(38a) There is a direct link between deforestation and the conversion of ecosystems and violations of human rights, in particular those of indigenous peoples and local communities. Special attention should be paid to their needs and their full inclusion in the implementation of this Regulation. Full respect for international texts and standards, including the United Nations Declaration on the Rights of Indigenous Peoples, customary tenure rights, the right to free, prior and informed consent (FPIC) should be ensured. Labour rights as enshrined in International Labour Organisation fundamental conventions, women`s rights, the rights to environmental protection and the right to defend human rights and the environment should also be promoted. CA1
Amendment 36 #
2021/0366(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) Responsibility for enforcing this Regulation should lie with the Member States, and their competent authorities should be required to ensure that this Regulation is fully complied with. A uniform enforcement of this Regulation as regards relevant commodities and products entering or leaving the Union market can only be achieved through systematic exchange of information and cooperation amongst competent authorities, customs authorities and the Commission. The Commission should, in particular, carry out an analysis of the penalties applied by the Member States and conduct an exchange with them in order to promote harmonised implementation of this Regulation. CA10
Amendment 37 #
2021/0366(COD)
Proposal for a regulation
Recital 40 a (new)
Recital 40 a (new)
(40a) For the purposes of effective enforcement of this Regulation and compliance with it by competent authorities, operators and traders, members of the public concerned should be able to take action to ensure compliance with environmental law and thus protect the environment. CA10
Amendment 38 #
2021/0366(COD)
Proposal for a regulation
Recital 40 b (new)
Recital 40 b (new)
(40b) The right to an effective remedy is an internationally recognised human right, enshrined in Article 8 of the Universal Declaration of Human Rights, Article 9(3) of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters and Article 2(3) of the International Covenant on Civil and Political Rights, and is also a fundamental right of the Union within the meaning of Article 47 of the Charter and Member States should therefore ensure that members of the public concerned or affected by a violation of this Regulation have proper access to effective remedy. CA10
Amendment 39 #
2021/0366(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) The effective and efficient implementation and enforcement of this Regulation are essential to achieving its goals. To this end, the Commission should set up and manage an information system to support the operators and the competent authorities in presenting and accessing the necessary information on relevant commodities and products placed on the market. The operators should submit the due diligence statements to the information system. The information system should be accessible to competent authorities and customs authorities to facilitate fulfilling their obligations under this Regulation. The information system should also be accessible for a wider public, with the anonymised data and should facilitate transfers of information among Member States, competent authorities and customs authorities. The non-commercially sensitive data should also be accessible for a wider public, with the data being anonymised – apart from information concerning the list of non- compliant operators and traders – and provided in an open and machine-readable format in line with the Union’s Open Data Policy. CA17
Amendment 40 #
2021/0366(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) For the relevant commodities and products entering or leaving the Union market, competent authorities are tasked with the verification of the compliance of relevant commodities and products with the obligations under this Regulation based on, inter alia, the due diligence statements submitted by the operators, whereas the role of customs is to ensure that the reference of a due diligence statement is made available in the customs declaration where applicable and, in addition as from the moment the electronic interface will be in place to exchange information between customs authorities and competent authorities, to check the status of the due diligence statement after an initial risk analysis carried out by competent authorities in the Information System and act accordingly (i.e. suspend or refuse a commodity or product if requested to do so through the status in the Information System). This specific organisation of controls discards the application of Chapter VII of Regulation (EU) 2019/1020 in so far as the application and enforcement of this Regulation is concerned. CA10
Amendment 41 #
2021/0366(COD)
Proposal for a regulation
Recital 42 a (new)
Recital 42 a (new)
(42a) The checks carried out by the competent authorities are to be carried out in a manner which is the least disruptive to trade and to the operations of the operators and traders. CA20
Amendment 42 #
2021/0366(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) In order to optimise and unburden the control process of relevant commodities and products entering or leaving the Union market, it is necessary to set up interoperable electronic interfaces that allow the automatic data transfer between customs systems and the Information System of competent authorities. The EU Single Window environment for customs is the natural candidate to support such data transfers. The interfaces should be highly automated and easy-to-use, and additional burdenfacilitate processes for customs authorities should be limitedas well as limit costs and burden for operators. Moreover, in view of the limited differences between the data to be declared respectively in the customs declaration and the due diligence statement, it is appropriate to propose also a ‘business-to- government’ approach whereby traders and economic operators make available the due diligence statement of a relevant commodity or product via national single window environment for customs and this statement is transmitted automatically to the Information System used by competent authorities. Customs authorities and competent authorities should contribute to determine the data to be transmitted and any other technical requirement. CA15
Amendment 43 #
2021/0366(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) The risk of non-compliant commodities and products being placed on the Union market varies depending on the commodity and product as well as on its country of origin and production or parts thereof. Operators sourcing commodities and products from countries or parts thereof that present a low risk of growing, harvesting or producing relevant commodities in violation of this Regulation should be subject to fewer obligations, thereby reducing compliance costs and administrative burden, unless the operator knows or has reasons to believe that there are risks of non-compliance with this Regulation. Where a competent authority becomes aware of a risk that the requirements of this Regulation are being circumvented, for example where a relevant commodity or product produced in a high-risk country is subsequently processed in, or exported to, the Union from a low-risk country, the customs declaration or due diligence statement indicate that the commodity or product was produced in a low-risk country, it should verify via further checks whether there is any non-compliance and, if necessary, take appropriate action, such as seizure and suspension of placing on the market of the relevant commodity or product, as well as carry out further checks. Commodities and products from high-risk countries or parts thereof should be subject to enhanced scrutiny by the competent authorities. CA9
Amendment 44 #
2021/0366(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) For this reason, the Commission should assess the deforestation and forest degradation or forest conversion risk at a level of a country or parts thereof based on a range of criteria that reflect both quantitative, objective and internationally recognised data, and indications that the countries are actively engaged in fighting deforestation and forest degradation, forest degradation and forest conversion, and for the promotion of rights of indigenous peoples and local communities. This benchmarking information should make it easier for operators in the Union to exercise due diligence and for competent authorities to monitor and enforce compliance, while also providing an incentive for producer countries to increase the sustainability of their agricultural production systems and reduce their deforestation impact. This should help making supply chains more transparent and sustainable. This benchmarking system should be based on a three-tier classification of countries to be regarded as low, standard or high risk. In order to ensure appropriate transparency and clarity, the Commission should in particular make publicly available the data being used for benchmarking, the reasons for the proposed change of classification and the reply of the country concerned. For relevant commodities and products from low risk countries or parts of countries identified as low-risk, operators should be allowed to apply a simplified due diligence, whilst competent authorities should be required to apply enhanced scrutiny on relevant commodities and products from high risk countries or parts of countries identified as high-risk. The Commission should be empowered to adopt implementing measures to establish the countries or parts thereof that present a low or high risk of producing relevant commodities and products that are not compliant with this Regulation. CA9
Amendment 45 #
2021/0366(COD)
Proposal for a regulation
Recital 47 a (new)
Recital 47 a (new)
(47a) To ensure that this Regulation does not create an unnecessary restriction to trade the Commission should cooperate with countries which are identified to present a standard or high risk, and with relevant stakeholders in these countries, in order to work towards reducing the level of risk. CA9
Amendment 46 #
2021/0366(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) Competent authorities should carry out checks at regular intervals on operators and traders to verify that they effectively fulfil the obligations laid down in this Regulation. Moreover, competent authorities should carry out checks when in possession of and based on relevant information, including substantiated concerns submitted by third parties. For a comprehensive coverage of the relevant commodities and products, the respective operators and traders and the volumes of their share of commodities and products, a twofold approach should apply. Competent authorities should thus be required to check on a certain percentage of operators and traders, whilst also covering a specific percentage of relevant commodities and products. Such percentages should be higher for relevant commodities and products from high-risk countries or parts thereof. whereas they can be lower for low- risk countries or parts thereof. CA11
Amendment 47 #
2021/0366(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) The checks of operators and traders by competent authorities should cover the due diligence systems and the compliance of the relevant commodities and products with the provisions of this Regulation. The checks should be based on a risk-based plan of checks. The plan should contain risk criteria that enable competent authorities to carry out a risk analysis of the due diligence statements submitted by operators and traders. The risk criteria should take into account the risk of deforestation associated to relevant commodities and products in the country of production, the history of compliance of operators and traders with the obligations of this Regulation and any other relevant information available to competent authorities. The risk analysis of due diligence statements should allow competent authorities the identification of operators, traders and relevant commodities and products to be checked, and should be carried out using electronic data processing techniques in the information system which collects the due diligence statements. Where necessary and technically possible, competent authorities, in close cooperation with authorities in third countries, should also conduct controls in situ. CA11
Amendment 48 #
2021/0366(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) In case the risk analysis of the due diligence statements reveals a high risk of non-compliance of specific relevant commodities and products, the competent authorities should be able to take immediate interim measures to prevent their placing or making available on the Union market or their export from the Union. In case such relevant commodities and products were entering or leaving the Union market, the competent authorities should request from customs authorities the suspension of the release for free circulation or the export to enable competent authorities to carry out the necessary checks. Such request should be communicated by means of the interface system between customs and competent authorities. Suspension of the placing or making available on the Union market, of the release for free circulation or of export should be limited to threfive working days, or 72 hours for fresh commodities and products at risk of spoilage, except where the competent authorities require additional time to assess the compliance of the relevant commodities and products with this Regulation. In that case, the competent authorities should take additional interim measures to extend the suspension period or request such extension to customs authorities in case of relevant commodities and products entering or leaving the Union market. CA13
Amendment 49 #
2021/0366(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) In order to ensure implementation and effective enforcement of this Regulation, Member States should have the power to withdraw and recall non- compliant relevant commodities and products and take appropriate corrective actions. They should also ensure that infringements of this Regulation by operators and traders are sanctioned by effective, proportionate and dissuasive penalties. and that operators failing to comply with the duties under this Regulation are liable and obliged to compensate for the harm that the exercise of due diligence would have avoided. CA13
Amendment 50 #
2021/0366(COD)
Proposal for a regulation
Recital 52 a (new)
Recital 52 a (new)
(52a) The Commission should publish the names of operators and traders not in compliance with this Regulation. This could help other operators and traders in their risk assessments and increase the pressure from consumers and civil society on non-compliant operators and traders to source from supply chains that are free from deforestation. CA13
Amendment 51 #
2021/0366(COD)
Proposal for a regulation
Recital 53
Recital 53
(53) Taking into account the international character of deforestation and, forest degradation, forest conversion and related trade, competent authorities should cooperate with each other, with customs authorities of the Member States, with the Commission, as well as with the administrative authorities of third countries. Competent authorities should also cooperate with the competent authorities for the supervision and enforcement of other EU legislative instruments that set out due diligence requirements in the value chain with regard to adverse human rights or environmental impacts. CA10
Amendment 52 #
2021/0366(COD)
Proposal for a regulation
Recital 54
Recital 54
Amendment 53 #
2021/0366(COD)
Proposal for a regulation
Recital 58
Recital 58
(58) While this Regulation addresses deforestation and forest degradation and forest conversion, as envisaged in the 2019 Communication ’Stepping up EU Action to Protect and Restore the World’s Forests, protecting forests should not lead to the conversion or degradation of other natural ecosystems. Ecosystems such as wetlands, savannahs and peatlands are highly significant to global efforts to combat climate change and the biodiversity crisis, as well as other sustainable development goals and their conversion or degradation require particular urgent attention. An evaluation of the need and the feasibility of extending the scope of this Regulation to other ecosystems than forests should therection and need to be prevented. It is without doubt that Union consumption is a considerable driver also of the conversion and degradation of biodiverse and carbon-rich non-forest ecosystems around the globe. In order to reduce the Union’s footprint on all natural ecosystems, an evaluation of, and a legislative proposal to, extending the scope of this Regulation to other ecosystems than forests and other wooded land should be undertaken at the latest one year of the entry into force be undertaken within 2 years of the entry into force of this Regulation.of this Regulation, for which the preparations should start at the latest at the day of entry into force of this Regulation. Further delaying to include other ecosystems in this Regulation risks shifting agricultural production from forests to non-forest ecosystems. The latter are also increasingly under pressure of conversion and degradation due to commodity production for the Union market. The Commission should also assess the need and feasibility of extending the scope to further commodities at the latest two years after the entry into force. At the same time, the Commission should also undertake a review of the relevant products as listed in Annex I of this Regulation by way of a delegated act. CA1
Amendment 54 #
2021/0366(COD)
Proposal for a regulation
Recital 58 a (new)
Recital 58 a (new)
(58a) Taking into account the request made by the European Parliament in its resolution “An EU legal framework to halt and reverse EU-driven global deforestation” of 22 October 2020 and of the vast majority of the almost 1, 2 million participants to the Commission’s public consultation on demand-driven deforestation and forest degradation and forest conversion to include non-forest ecosystems in this Regulation, the Commission should base its evaluation and legislative proposal for an extension of the scope of this Regulation to other ecosystems on the basis of the definitions of “natural ecosystems”, “natural ecosystem conversion” and “forest and natural ecosystem degradation” and the cut-off date of 31 December 2019, as laid down in this Regulation. CA1
Amendment 55 #
2021/0366(COD)
Proposal for a regulation
Recital 60
Recital 60
(60) Since the objective of this Regulation, fighting against deforestation and, forest degradation and forest conversion by reducing the contribution of consumption in the Union, and by incentivising deforestation reduction in producer countries, cannot be achieved by the Member States individually and can therefore, by reason of its scale, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective. CA1
Amendment 56 #
2021/0366(COD)
Proposal for a regulation
Recital 61
Recital 61
(61) OIn order to avoid supply chain disruptions and reduce negative impacts on third countries, trade partners, and in particular smallholders, operators, traders and competent authorities should be given a reasonable period in order to prepare themselves to meet the requirements of this Regulation, CA18
Amendment 57 #
2021/0366(COD)
Proposal for a regulation
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
This Regulation lays down rules regarding the placing and making available on the Union market, as well as the export from the Union market, of cattle, cocoa, coffee, oil palm, soyaswine, sheep and goats, poultry, cocoa, coffee, oil palm and palm-oil based derivates, soya, maize, rubber, and wood (“relevant commodities”), and products, including charcoal and printed paper products, as listed in Annex I, that contain, have been fed with or have been made using relevant commodities (“relevant products”), with a view to: CA1
Amendment 58 #
2021/0366(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) minimising the Union’s contribution to deforestation and. forest degradation and forest conversion worldwide; CA1
Amendment 59 #
2021/0366(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point b a (new)
Article 1 – paragraph 1 – point b a (new)
(ba) contributing to a reduction in global deforestation. CA1
Amendment 60 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘deforestation’ means the conversion of forest to agricultural use, whether human-induced or not;, whether human-induced or not, of forests or other wooded land to agricultural use or to plantation forest; CA2
Amendment 61 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
(1a) “ecosystem conversion” means the change of a natural ecosystem to another land use or change in a natural ecosystem’s species composition, structure, or function; this includes severe degradation or the introduction of management practices that result in a substantial and sustained change in the ecosystem’s species composition, structure, or function; CA2
Amendment 62 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 a (new)
Article 2 – paragraph 1 – point 2 a (new)
(2a) ‘agricultural use’ means the use of land for any or more of the following: cultivation of temporary or annual crops that have a growing cycle of one year or less; cultivation of permanent or perennial crops that have a growing cycle of more than one year, including tree crops; cultivation of permanent or temporary meadows or pastures as well as animal husbandry; and temporarily fallow land; CA2
Amendment 63 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 b (new)
Article 2 – paragraph 1 – point 2 b (new)
(2b) 'other wooded land' means land not classified as forest, spanning more than 0,5 hectares, with trees higher than 5 meters and a canopy cover of 5 to 10 percent, or trees able to reach these thresholds in situ, or with a combined cover of shrubs, bushes and trees above 10 percent, excluding land that is predominantly under agricultural or urban use; CA2
Amendment 64 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 a (new)
Article 2 – paragraph 1 – point 5 a (new)
(5a) ‘natural ecosystem’ means an ecosystem, including human-managed ecosystems, that substantially resembles, in terms of species composition, structure, and ecological function, an ecosystem that is or would be found in a given area in the absence of major human impacts; these include, in particular, land with high carbon stocks and land with a high biodiversity value; CA2
Amendment 65 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) ‘forest degradation’ means harvesting operations that are not sustainable and cause aand other natural ecosystem degradation’ means the reduction or loss of the biological or economic productivity and complexity of forest ecosystems, resulting in the long-term reduction of the overall supply of benefits from forest, which includes wood, biodiversity and other products ors and other wooded land and other natural ecosystems, affecting their species composition, structure or function, whether or not directly caused by humans; this includes illegal exploitation of forests, other wooded land or other natural ecosystems as well as the use of management practices that result in a substantial or sustained impact on their capacity to support biodiversity or deliver ecosystem services; CA2
Amendment 66 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Amendment 67 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8 – point a
Article 2 – paragraph 1 – point 8 – point a
(a) ‘deforestation-free’means that the relevant commodities and products, including those used for or contained in relevant products, were produced on land that has not been subject to deforestation, after December 31, 2020, andnd have not induced or contributed to forest degradation or forest conversion after 31 December 2019; CA2
Amendment 68 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8 – point b
Article 2 – paragraph 1 – point 8 – point b
Amendment 69 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
(16) ‘negligible risk’ means the level of risk that applies to relevant commodities and products to be placed on, or exported from, the Union market where these commodities or products show no cause for concern on grounds of a full assessment of both the product-specific and the general information on compliance with Articles 3(a) and 3(b) by relevant commodities or products showing no cause for concern;the application of the appropriate mitigation measures; CA7
Amendment 70 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 16 a (new)
Article 2 – paragraph 1 – point 16 a (new)
(16a) ‘meaningful engagement with stakeholders’ means understanding the concerns and interests of relevant stakeholders, in particular the most vulnerable groups such as smallholders and indigenous peoples, as well as local communities, including women, by consulting them directly in a manner that takes into account potential barriers to effective engagement. CA3
Amendment 71 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 18
Article 2 – paragraph 1 – point 18
(18) ‘non-compliant products’ means relevant commodities and products that were not produced in a ‘deforestation-free’ manner, or were not produced in accordance with the relevant legislation of the country of production, or both;aws and standards, including those on the rights of indigenous people, tenure rights of local communities, and the right to free, prior and informed consent, and which were not covered by an accurate due diligence statement; CA1
Amendment 72 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 21
Article 2 – paragraph 1 – point 21
(21) ‘substantiated concern' means well- foundeda claim based on objective and verifiable information regarding non- compliance with the present Regulation and which may require the intervention of competent authorities; CA16
Amendment 73 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 28
Article 2 – paragraph 1 – point 28
(28) ‘relevant legislation of the country of productionaws and standards’ means: a) the rules applicable in the country of production concerning the legal status of the area of production in terms of land use rights, environmental protection, third parties’ rights and relevant trade and customs regulations under legislation framework applicable in the country of production; b) human rights protected under international law, in particular instruments protecting customary tenure rights and the right to free, prior and informed consent (FPIC), as set out in, inter alia, the UN Declaration on the Rights of Indigenous Peoples, the UN Permanent Forum on Indigenous Issues and existing binding international agreements, the Indigenous and Tribal Peoples Convention(No 169, 1989), which cover the right to environmental protection, the right to defend the environment, free from any form of persecution and harassment, and other internationally recognised human rights related to land use, access or ownership; CA1
Amendment 74 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 28 a (new)
Article 2 – paragraph 1 – point 28 a (new)
(28a) ‘free, prior and informed consent (FPIC)’ means a collective human right of indigenous peoples and local communities to give and withhold their consent prior to the commencement of any activity that may affect their rights, land, resources, territories, livelihoods, and food security; it is a right exercised through representatives of their own choosing and in a manner consistent with their own customs, values, and norms. CA1
Amendment 75 #
2021/0366(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) they have been produced in accordance with the relevant legislation of the country of productionaws and standards, as defined in Article 2, point (28); and CA1
Amendment 76 #
2021/0366(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Operators shall exercise due diligence prior to placing relevant commodities and products on or prior to their export from the Union market in order to ensure their compliance with Article 3(a) and (b). To that end, they shall use a framework of procedures and measures, hereinafter referred to as a ‘due diligence’, as set out in Article 8. CA3
Amendment 77 #
2021/0366(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Operators that by exercising due diligence as referred to in Article 8 have come to the conclusion that the relevant commodities and products comply with the requirements of this Regulation shall make available to the competent authorities via the information system referred to in Article 31 a due diligence statement before placing on the Union market or exporting the relevant commodities and products. That electronically available, transmittable and certified statement shall confirm that due diligence was carried out and, disclose the steps that were taken in this regard to verify the compliance of the relevant commodities and products with this Regulation, and explain the assessment as to why no or only negligible risk was found and. It shall also contain the information set out in Annex II for the relevant commodities and products. Operators shall without undue delay publish and make available, taking into account data protection rules, the statements and certification for administrative, civic and scientific scrutiny. CA3
Amendment 78 #
2021/0366(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. By making available the due diligence statement, tThe operator assumes responsibility for the compliance of the relevant commodity or product with the requirements of this Regulation. Operators shall therefore undertake reasonable, documented efforts to support the compliance of smallholders with the provisions and requirements set out in this Regulation. They shall keep record of the due diligence statements for 5 years from the date of making available via the information system referred to in Article 31. and share the due diligence statements with subsequent operators and traders in the supply chain. CA3
Amendment 79 #
2021/0366(COD)
Proposal for a regulation
Article 4 – paragraph 5 – point a
Article 4 – paragraph 5 – point a
(a) the relevant commodities and products are not compliant with Article 3(a) or (b);; CA3
Amendment 80 #
2021/0366(COD)
Proposal for a regulation
Article 4 – paragraph 5 – point b
Article 4 – paragraph 5 – point b
(b) the exercise of due diligence has revealed a non-negligible risk that the relevant commodities and products are not compliant with Article 3(a) or (b);; CA3
Amendment 81 #
2021/0366(COD)
Proposal for a regulation
Article 4 – paragraph 5 a (new)
Article 4 – paragraph 5 a (new)
5a. Operators shall have a system in place for receiving substantiated concerns from interested parties and shall thoroughly investigate all substantiated concerns introduced in accordance with this system. CA3
Amendment 82 #
2021/0366(COD)
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. Operators that have received or detected relevant new information, including substantiated concerns, or information provided via the rapid alert mechanisms, that indicate a non- negligible risk that the relevant commodity or product that they have already placed on the market is notat risk of not being in conformity with the requirements of this Regulation shall immediately inform the competent authorities of the Member States in which they placed the relevant commodity or product on the market, as well as traders to whom they have supplied the relevant commodity or product with a view to preventing further circulation on, or export from, the Union market. In the case of exports from the Union market, the operators shall inform the competent authority of Member State which is the country of production. CA3
Amendment 83 #
2021/0366(COD)
Proposal for a regulation
Article 4 – paragraph 7
Article 4 – paragraph 7
7. The competent authorities shall verify the due diligence system of operators on an annual basis. Operators shall also offer all assistance necessary to competent authorities to facilitate the performance of the checks under Article 15, including as regards access to premises and the presentation of documentation or records. CA3
Amendment 84 #
2021/0366(COD)
Proposal for a regulation
Article 4 – paragraph 7 a (new)
Article 4 – paragraph 7 a (new)
7a. Operators shall take the necessary measures: (a) to engage meaningfully with vulnerable stakeholders included in their supply chain: smallholders, indigenous peoples and local communities and (b) to ensure that these vulnerable stakeholders receive adequate assistance and fair remuneration so that their commodities and products can comply with the rules, in particular with regard to the geolocation requirement, and to ensure that the costs resulting from the implementation of this Regulation are fairly shared among the different actors in the value chain. (c) to follow-through on implementation of agreed commitments, ensuring that adverse impacts to identified vulnerable d stakeholders are addressed. CA3
Amendment 85 #
2021/0366(COD)
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Amendment 86 #
2021/0366(COD)
Proposal for a regulation
Article 6
Article 6
Amendment 87 #
2021/0366(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
In case a natural or legal person, regardless of size, established outside the Union places on the Union market relevant commodities and products, the first natural or legal person established in the Union who buys or takes possession of such relevant commodities and products shall be considered operator within the meaning of this Regulation. If there is no manufacturer or importer established in the Union, online marketplaces shall comply with the obligations set out in Articles 8 to 11 for products and commodities for which they facilitate the sale. CA3
Amendment 88 #
2021/0366(COD)
Proposal for a regulation
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2a. Product components that have already undergone due diligence compliance in accordance with Article 4(1) shall not require an additional due diligence procedure. For components that have not been covered by a due diligence procedure, the due diligence requirements shall still apply. CA5
Amendment 89 #
2021/0366(COD)
Proposal for a regulation
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. Operators shall collect information, documents and data demonstrating that the relevant commodities and products are compliant with Article 3. For this purpose, the operator shall collect, organise and keep for 5 years the following information relating to theeach relevant commoditiesy or products placed on the Union market or exported from the Union, supported by evidence: CA6
Amendment 90 #
2021/0366(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) description, including the trade name and type of relevant commodities and products as well as, where applicable, the common name of the species and its full scientific name; the description of products shall include the list of commodities contained therein or used to make them; for animal products the description shall include the list of commodities used to feed the animals; CA6
Amendment 91 #
2021/0366(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) identification of the country of production; or parts thereof; CA6
Amendment 92 #
2021/0366(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
(d) geo-localistion coordinates, latitude and longitude for all plots of land where the relevant commodities and products were produced, or the geolocation coordinates, latitude and longitude of all points of a polygon for the plots of land where the relevant commodities and products were produced, as well as date or time range of production; ; any deforestation or degradation in the given plots of land, either identified by a single point of latitude and longitude or by polygon, shall automatically disqualify all products and commodities from those plots of land from being placed and made available on the market or exported therefrom; operators shall provide the date or time range or harvesting season of production of the commodity or product; the Commission is empowered to adopt delegated acts in order to supplement this Regulation with regard to the size of the plots of land above which companies are required to provide polygons as only means of geolocation for the different commodities and products; CA6
Amendment 93 #
2021/0366(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point h
Article 9 – paragraph 1 – point h
(h) adequate and verifiable information that the production has been conducted in accordance with relevant legislation of the country of production, including any arrangement conferring the right to use the respective area for the purposes of the production of the relevant commodity; as well as international laws and standards, as defined in Article 2, point (28); CA6
Amendment 94 #
2021/0366(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point h a (new)
Article 9 – paragraph 1 – point h a (new)
(ha) adequate and verifiable information, obtained via independent audits and appropriate consultation processes, that the area used for the purpose of producing the relevant commodities and products is not subject to any claims on the basis of indigenous, customary or other legitimate tenure rights or subject to any dispute regarding their use, ownership or occupation; CA6
Amendment 95 #
2021/0366(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point h b (new)
Article 9 – paragraph 1 – point h b (new)
(hb) adequate and verifiable information disclosing the views of any indigenous peoples, local communities and other groups that claim tenure rights in respect of the area used for the purpose of producing the relevant commodities and products regarding the production of the relevant commodities and products; CA6
Amendment 96 #
2021/0366(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 97 #
2021/0366(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Operators shall verify and analyse information collected in accordance with Article 9 and any other relevant documentation, and on this basis carry out a risk assessment to establish whether there is a risk that the relevant commodities and products intended to be placed on or exported from the Union market are non- compliant with the requirements of this Regulation. Where an operator is not able to adequately collect the information required by this Regulation, it shall have the right to request clarification or assistance on implementation from the competent authority. If the operators cannot demonstrate that the risk of non- compliance is negligible, they shall not place the relevant commodity or product on the Union market nor export it. CA7
Amendment 98 #
2021/0366(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point b a (new)
Article 10 – paragraph 2 – point b a (new)
(ba) the presence of vulnerable peoples, indigenous peoples, local communities and other customary tenure rights holders in the country and part thereof of the relevant commodity or products; CA7
Amendment 99 #
2021/0366(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point b b (new)
Article 10 – paragraph 2 – point b b (new)
(bb) the existence of claims to or disputes regarding the use of, ownership of, or exercise of customary tenure rights on the area used for the purpose of producing the relevant commodities and products, whether formally registered or not; CA7
Amendment 100 #
2021/0366(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point c
Article 10 – paragraph 2 – point c
(c) prevalence of deforestation or, forest degradation or forest conversion in the country, region and area of production of the relevant commodity or product; CA7
Amendment 101 #
2021/0366(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point e
Article 10 – paragraph 2 – point e
(e) concerns in relation to the country of production or parts thereof in accordance with Article27, and origin, such as level of corruption, prevalence of document and data falsification, absence, violation or lack of law enforcement of tenure rights and rights of indigenous people and local communities, armed conflict or presence of sanctions imposed by the United Nations Security Council or the Council of the European Union; CA7
Amendment 102 #
2021/0366(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point f
Article 10 – paragraph 2 – point f
(f) the complexity of the relevant supply chain, in particular difficulties in connecting commodities and/or products to the plot of land where they were produced; or national data protection rules which prohibit the transmission of such data; CA7
Amendment 103 #
2021/0366(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point g
Article 10 – paragraph 2 – point g
(g) the risk of mixing with products of unknown origin or produced in areas where deforestation or forest degradation, forest degradation or forest conversion as well as violations of the relevant law has occurred or is occurring; CA7
Amendment 104 #
2021/0366(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point h a (new)
Article 10 – paragraph 2 – point h a (new)
(ha) the outcome of multi-stakeholder dialogues where impacted parties, such as smallholders, SMEs, indigenous peoples and local communities, has been invited to actively participate; CA7
Amendment 105 #
2021/0366(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point i a (new)
Article 10 – paragraph 2 – point i a (new)
(ia) information provided via the rapid alert mechanism; CA7
Amendment 106 #
2021/0366(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Wood products which are in scope of Council Regulation (EC) No 2173/2005 that are covered by a valid FLEGT license from an operational licensing scheme shall be deemed to be in compliance with Article 3(b)the rules applicable in the country of production, as defined in Article 3 and Article 2(28), point (a), of this Regulation. CA7
Amendment 107 #
2021/0366(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Except where the analysis undertaken in accordance with paragraph 1 allows the operator to ascertain that there is no or negligible risk that the relevant commodities or products are not compliant with the requirements of this Regulation, the operator shall adopt prior to placing the relevant commodities and products on the Union market or to their export risk mitigation procedures and measures that are adequate to reach no or negligible risk. This may include requiring additional information, data or documents, undertaking independent surveys or audits, capacity-building and financial investments for smallholders or other measures pertaining to information requirements set out in Article 9. CA7
Amendment 108 #
2021/0366(COD)
Proposal for a regulation
Article 10 – paragraph 4 a (new)
Article 10 – paragraph 4 a (new)
4a. Where relevant, operators shall ensure that risk assessments and mitigation measures are adopted which provide for the participation and consultation of indigenous peoples, local communities, and other customary tenure rights holders that are present in the area of production of the relevant commodities and products. CA7
Amendment 109 #
2021/0366(COD)
Proposal for a regulation
Article 10 – paragraph 6 – point a
Article 10 – paragraph 6 – point a
(a) model risk management practices, reporting, record-keeping, internal control and compliance management, including for operators that are not SMEs, the appointment of a compliance officer at management level;, specifying the contact details or an up-to-date contact email address; CA7
Amendment 110 #
2021/0366(COD)
Proposal for a regulation
Article 10 – paragraph 7
Article 10 – paragraph 7
7. The risk assessments, as well as, where appropriate, the risk mitigation decisions taken shall be documented, reviewed at least on an annual basis and made available to the competent authorities upon request. CA7
Amendment 111 #
2021/0366(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. In order to exercise due diligence in accordance with Article 8, operators shall establish and keep up to date a due diligence system to ensure that they can guarantee compliance with the requirements set out in Article 3(a) and (b). The due diligence system shall be reviewed at least once a year and if necessary adapted to and accounting for new developments which may influence the exercise of due diligence when operators become aware of them. Operators shall keep record of updates in the due diligence system(s) for 5 years. CA8
Amendment 112 #
2021/0366(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Unless otherwise provided by other EU legislative instruments that lay down requirements regarding sustainability value chain due diligence, operators which are not SMEOperators shall, on an annual basis, publicly report as widely as possible, including on the internet, on their due diligence system including on the steps taken by them to implement their obligations as set out in Article 8, 9 and 10, as well as the implementation and outcomes of their due diligence, and measures they have taken to support the compliance of smallholders, including through investments and capacity building. Operators falling also within the scope of other EUnion legislative instruments that lay down requirements regarding value chain due diligence may fulfil their reporting obligations under this paragraph by including the required information when reporting in the context of other EUnion legislative instruments. CA8
Amendment 113 #
2021/0366(COD)
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2a. Reports shall, in respect of relevant commodities and products supplied by each supplier: (a) include the information described in Article 9; (b) describe the information and evidence obtained and used to assess the compliance of the relevant commodities and products with Article 3; (c) state the conclusions of the risk assessment conducted under Article 10(1) and describe any risk mitigation procedures or measures undertaken pursuant to Article 10(4); (d) the date and place where relevant commodities and products were placed on or exported from the Union market; and (e) provide evidence of consultation of indigenous peoples, local communities, and other customary tenure rights holders that are present in the area of production of the relevant commodities and products. CA8
Amendment 114 #
2021/0366(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Operators shall keep for at least 5 years all documentation related to due diligenceue diligence documentation, such as all relevant records, measures and procedures pursuant to Article 8under Article 8, allowing each product or commodity placed on the market, the risk analysis carried out, and the result obtained, to be identified beyond doubt. They shall make themse available to the competent authorities upon request. CA8
Amendment 115 #
2021/0366(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. When placing relevant commodities or products on the Union market or exporting them from it, operators are not required to fulfil the obligations under Article 10(2), points (a), (b), (ba), (bb), (c), (d) (e), (h), (ha) and (j), or Article 10(6) where they can ascertain that all relevant commodities and products have been produced in countries or parts thereof that were identified as low risk in accordance with Article 27. CA9
Amendment 116 #
2021/0366(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. However, if the operator obtains or is made aware of any relevant information that would point to a risk that the relevant commodities and products may not fulfil the requirements of this Regulation, all obligations of Article 9 and 10 have to be fulfilled. The operator shall immediately communicate any relevant information to the competent authority. CA9
Amendment 117 #
2021/0366(COD)
Proposal for a regulation
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2a. For cases where a competent authority is made aware of any information that would point to a risk of possible circumvention of the requirements of this Regulation, including cases where relevant commodities or products are produced in a standard-risk or high-risk country and are subsequently processed in, or exported to, the Union from a low-risk country, the competent authority shall proceed to further checks in accordance with Article 14(6) and, where necessary, adopt interim measures in accordance with Article 21. Wheren non-compliance with this Regulation is established, Member State authorities shall take further measures in accordance with Articles 22 and 23. CA9
Amendment 118 #
2021/0366(COD)
Proposal for a regulation
Article 12 a (new)
Article 12 a (new)
Article 12 a Guidelines 1. By ... [date 12 months after the entry into force of this Regulation], the Commission shall issue user-friendly commodity-specific guidelines to clarify due diligence responsibilities and traceability rules of operators tailored to fit the respective supply chain. The Commission shall take into account other due diligence requirements arising from Union law, in particular [the forthcoming Directive on Sustainable Corporate Governance Due Diligence]. 2. The guidelines shall particularly take into account SMEs’ needs and shall inform them of the different means to access administrative and financial assistance and shall provide guidance on how the requirements from overlapping due diligence rules under different Union acts could be implemented most efficiently. 3. The guidelines shall be developed in consultation with relevant stakeholders, including from third countries and, where appropriate, taking into consideration best practices from international bodies having expertise indue diligence. 4. The Commission shall regularly review and update the guidelines taking into account the latest developments in the sectors concerned. CA18
Amendment 119 #
2021/0366(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The Commission shall make the list of the competent authorities publicly available on its website without undue delay. The Commission shall regularly update the list, based on relevant updates received from Member States. CA10
Amendment 120 #
2021/0366(COD)
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
4. Member States shall ensure that the competent authorities have adequate powers, functional independence and resources to perform the obligations set out in Chapter 3 of this Regulation. CA10
Amendment 121 #
2021/0366(COD)
Proposal for a regulation
Article 13 – paragraph 6
Article 13 – paragraph 6
6. Member States, may shall facilitate the exchange and dissemination of relevant information, in particular with a view to assisting operators in assessing risk as set out in Article 9, and on best practices regarding the implementation of this Regulation. CA10
Amendment 122 #
2021/0366(COD)
Proposal for a regulation
Article 13 – paragraph 7 a (new)
Article 13 – paragraph 7 a (new)
7a. In order to ensure the uniform application of the obligations listed in this Chapter, notably the checks on operators and traders, the European Commission shall issue guidance to all competent authorities no later than six months after the entry into force of this Regulation. CA10
Amendment 123 #
2021/0366(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. To carry out the checks referred to in paragraph 1, the competent authorities shall establish a plan based on a risk-based approach. The plan, which shall be made public in accordance with Article 19, shall contain at least risk criteria to carry out the risk analysis under paragraph 4 and thereby inform the decisions on checks. In establishing and reviewing the risk criteria, the competent authorities shall take into account in particular the assignment of risk to countries or parts thereof in accordance with Article 27,previous infringements of this Regulation by an operator or trader, the quantity of relevant commodities and products being placed or made available on the market or exported from the Union market by the operator or trader, the period of time since the hristory of compliance of an operatork assessment for the relevant commodities or products was completed, the proximity orf trader with this Regulationhe plots of land or polygons on which the relevant commodities and products were produced to forests, and any other relevant information. Based on the results of the checks and the experience on implementation of the plans, the competent authorities shall review those plans and risk criteria on a regular basis in order to improve their effectiveness. When reviewing the plans, the competent authorities shallmay establish a reduced frequency of checks for those operators and traders who have shown a consistent record of full compliance with the requirements under this Regulation. CA11
Amendment 124 #
2021/0366(COD)
Proposal for a regulation
Article 14 – paragraph 7
Article 14 – paragraph 7
7. The suspensions referred to in paragraph 6 shall end within 3five working days, or 72 hours for fresh commodities and products which are a the risk of spoilage, unless the competent authorities, based on the result of the checks conducted within that period, conclude that they require additional time to establish whether the relevant commodities and products comply with the requirements of this Regulation. In such case, the competent authorities shall extend the period of suspension by means of additional interim measures taken under Article 21 or, in the case of relevant commodities or products entering or leaving the Union market, by notifying the customs authorities of the need to maintain the suspension under Article 24(6). CA11
Amendment 125 #
2021/0366(COD)
Proposal for a regulation
Article 14 – paragraph 9
Article 14 – paragraph 9
9. Each Member State shall ensure that the annual checks carried out by their competent authorities cover at least 510% of the operators placing, making available on or exporting from the Union market each of the relevant commodities and products on their market as well as 510% of the quantity of each of the relevant commodities and products placed or made available on or exported from their market. For commodities or products from countries or parts thereof categorised as low-risk in accordance with Article 27, annual checks can be reduced to 5%. CA11
Amendment 126 #
2021/0366(COD)
Proposal for a regulation
Article 14 – paragraph 11
Article 14 – paragraph 11
11. Without prejudice to the checks under paragraphs 5 and 6, competent authorities shall, without undue delay, conduct checks referred to in paragraph 1 when they are in possession of evidence or other relevant information, including based on the rapid alert mechanisms or on substantiated concerns provided by third parties under Article 29, concerning potential non-compliance with this Regulation. CA11
Amendment 127 #
2021/0366(COD)
Proposal for a regulation
Article 14 – paragraph 12
Article 14 – paragraph 12
12. Checks shall be carried out without prior warning of the operator or trader, except where prior notification of the operator or trader is necessary in order to ensure the effectiveness of the checks. Authorities shall justify such prior notifications in their control reports, including information on the number of prior warnings. CA11
Amendment 128 #
2021/0366(COD)
Proposal for a regulation
Article 14 – paragraph 13
Article 14 – paragraph 13
13. The competent authorities shall keep records of the checks indicating in particular their nature and results, as well as on the measures taken in case of non- compliance, including the penalties related to cases of non-compliance with this Regulation. Records of all checks shall be kept for at least 5ten years. CA11
Amendment 129 #
2021/0366(COD)
Proposal for a regulation
Article 14 – paragraph 13 a (new)
Article 14 – paragraph 13 a (new)
13a. Without prejudice to the obligations on competent authorities, the Commission may, upon request, provide the Member States with technical support to assist them in carrying out the requirements set out in this Regulation. CA11
Amendment 130 #
2021/0366(COD)
Proposal for a regulation
Article 14 – paragraph 13 b (new)
Article 14 – paragraph 13 b (new)
13b. Where the Commission receives information that a Member State does not conduct controls that are sufficient to ensure that relevant commodities and products made available on, or exported from, the Union market comply with the requirements of this Regulation, it shall, in dialogue with the Member State concerned, be mandated to introduce changes to the plan referred to in paragraph 3 established by that Member State to ensure that the situation is rectified. CA11
Amendment 131 #
2021/0366(COD)
Proposal for a regulation
Article 14 – paragraph 13 c (new)
Article 14 – paragraph 13 c (new)
13c. Records of checks carried out under this Regulation and reports of their results and outcomes shall constitute environmental information for the purposes of Directive 2003/4/EC and shall be made available upon request. CA11
Amendment 132 #
2021/0366(COD)
Proposal for a regulation
Article 15 – title
Article 15 – title
Checks on operators and non-SME traders CA11
Amendment 133 #
2021/0366(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point d a (new)
Article 15 – paragraph 1 – point d a (new)
(da) examination of interim measures taken under Article 21 and corrective measures taken under Article 22; CA11
Amendment 134 #
2021/0366(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point f
Article 15 – paragraph 1 – point f
(f) any technical and scientific means adequate to determine the exact place where the relevant commodity or product was produced, including isotope testing;anatomical, chemical and DNA analysis; CA11
Amendment 135 #
2021/0366(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point f a (new)
Article 15 – paragraph 1 – point f a (new)
(fa) any technical and scientific means adequate to determine the biological species affected by this Regulation which is contained in the relevant commodity or product, including anatomical, chemical and DNA analysis. CA11
Amendment 136 #
2021/0366(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point g
Article 15 – paragraph 1 – point g
(g) any technical and scientific means adequate to determine whether the relevant commodity or product are deforestation- free, including Earth observation data such as from Copernicus programme and tools, and or from other publicly or privately available sources, and CA11
Amendment 137 #
Amendment 138 #
2021/0366(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The costs referred to in paragraph 1 may include, inter alia, the costs of carrying out testing, the costs of storage and the costs of activities relating to products that are found to be non- compliant and are subject to corrective action prior to their release for free circulation, their placing on or exporting from the Union market.. CA10
Amendment 139 #
2021/0366(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Competent authorities shall cooperate with each other, with authorities from other Member States, with the Commission, and if necessary, with administrative authorities of third countries in order to ensure compliance with this Regulation., including as regards the implementation of field audits. CA10
Amendment 140 #
2021/0366(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. Competent authorities shall exchange information necessary for the enforcement of this Regulation. This shall include giving access to and exchange of data on operators and traders including due diligence statements, the nature and results of the controls carried out and any penalties imposed, with other Member States’ competent authorities to facilitate the enforcement of this Regulation. Competent authorities shall apply strict data protection rules when exchanging information in accordance with existing data protection law. CA10
Amendment 141 #
2021/0366(COD)
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
4. Competent authorities shall immediately alert competent authorities of other Member States and the Commission when they detect an actual or potential infringement of this Regulation and serious shortcomings that may affect more than one Member State. Competent authorities shall, in particular, inform competent authorities of other Member States when they detect a relevant commodity or product on the market that is, or may be, not compliant with this Regulation, to enable the withdrawal or recall of such commodity or product from sales in all Member States. or to support enforcement action by these competent authorities. CA10
Amendment 142 #
2021/0366(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Member States shall make available to the public and the Commission, at the latest by 30 April of each year, information on the application of this Regulation during the previous calendar year. This information shall include their plans for checks, and the risk criteria on which they are based, including the number and the results of the controlhecks carried out on operators and traders, including the contents of these check and relevant commodities and products, the volume of relevant commodities and products checked in relation to the total quantity of relevant commodities and products placed on the market, the countries of origin and of production of relevant commodities and products as well as the measures taken in case of non-compliance and the costs of controls recovered.arket surveillance measures taken and penalties imposed in case of non-compliance in accordance with Articles 22 and 23, respectively. CA12
Amendment 143 #
2021/0366(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
Where relevant commodities or products were produced in a country or part thereof listed as high risk in accordance with Article 27, or there is a risk of relevant commodities or products produced in such countries or parts thereof entering the relevant supply chain, each Member State shall ensure that the annual checks carried out by their competent authorities cover at least 1520% of the operators placing, making available on or exporting from the Union market each of the relevant commodities and products on their market as well as 1520% of the quantity of each of the relevant commodities and products placed or made available on or exported from their market from high risk countries or parts thereof. Competent authorities shall ensure that the annual checks carried out on the basis of this Article include all of the elements listed in Article 15. CA9
Amendment 144 #
2021/0366(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
Where, on the basis of the examination of evidence or other relevant information, including information exchanged under Article 18 and substantiated concerns provided by third parties under Article 29, or following the checks referred to in Article 15 and 16, possible serious shortcomingsinfringements of this Regulation have been detected, or risks have been identified pursuant to Article 14(6), the competent authorities may take immediate interim measures, including seizure or suspension of the placing or making available on and exporting from the Union market of the relevant commodities and products. Member States shall immediately inform the Commission and the competent authorities of other Member States about such measures. CA13
Amendment 145 #
2021/0366(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Without prejudice to Article 23, where competent authorities establish that an operator or trader has not complied with its obligations under this Regulation or that a relevant commodity or product is not compliant with the requirements set out in this Regulation, they shall without delay require the relevant operator or trader to take appropriate and proportionate corrective action to bring the non- compliance to an end. within a specified and reasonable period of time. CA13
Amendment 146 #
2021/0366(COD)
Proposal for a regulation
Article 22 – paragraph 2 – point d
Article 22 – paragraph 2 – point d
(d) destroyingonating, where possible, the relevant commodity or product or donating it to charitable or public interest purposes. or otherwise recycling or, as a last resort, destroying it. CA13
Amendment 147 #
2021/0366(COD)
Proposal for a regulation
Article 22 – paragraph 2 a (new)
Article 22 – paragraph 2 a (new)
2a. Irrespective of the corrective action taken under paragraph 2, the operator or trader shall address any shortcomings in the due diligence system which may have led to the non- compliance, with a view to preventing the risk of further infringements. CA13
Amendment 148 #
2021/0366(COD)
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. If the operator or trader fails to take corrective action referred to in paragraph 2 or where the non-compliance referred to inwithin the period of time specified by the competent authority under paragraph 1 persists, competent authorities shall ensure that the commodity or product is withdrawn or recalled, or that its being is not made available on or exported from the Union market is prohibited or restricted.. CA13
Amendment 149 #
2021/0366(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. Member States shall lay down rules onWithin six months of the entry into force of this Regulation, the Commission shall adopt delegated acts on uniform penalties applicable to infringements of the provisions of this Regulation by operators and traders and shall take all measures necessary, in order to ensure that they are implemented. Member States shall notify the Commission of those provisions and without delay of any subsequent amendments affecting them.rmonised standards are applied across the Union. Member States shall take all measures necessary to ensure that they are implemented. CA13
Amendment 150 #
2021/0366(COD)
Proposal for a regulation
Article 23 – paragraph 2 – introductory part
Article 23 – paragraph 2 – introductory part
2. The penalties provided for shall be effective, proportionate and, dissuasive and uniform across Member States. Penalties shall include as a minimum: CA13
Amendment 151 #
2021/0366(COD)
Proposal for a regulation
Article 23 – paragraph 2 – point a
Article 23 – paragraph 2 – point a
(a) fines proportionate to the environmental damage, economic damage for local communities and the value of the relevant commodities or products concerned, calculating the level of such fines in such way as to make sure that they effectively deprive those responsible of the economic benefits derived from their infringements, and gradually increasing the level of such fines for repeated infringements; the maximum amount of such fines shall be at least 4 % 8%of the operators or trader’s annual turnover in the Member State or Member States concerned; Union, calculated in accordance with Article 5(1) of Council Regulation (EC) 139/20041a; and shall be increased to ensure that the penalty exceeds the potential economic advantage gained and shall be deterrent; CA13 __________________ 1a Council 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).
Amendment 152 #
2021/0366(COD)
Proposal for a regulation
Article 23 – paragraph 2 – point b a (new)
Article 23 – paragraph 2 – point b a (new)
(ba) the obligation to restore the environment; CA13
Amendment 153 #
2021/0366(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Another important action announced in the Communication is the establishment of the EU Observatory on deforestation, forest degradation, changes in the world’s forest cover and associated drivers (“EU Observatory”) launched by the Commission in order to better monitor changes in the world’s forest cover and related drivers. Moreover, building on already existing monitoring tools, including Copernicus products and other publicly or privately available sources, the EU Observatory will facilitate access to information on supply chains for public entities, consumers and business, providing easy-to-understand data and information linking deforestation, forest degradation, and changes in the world’s forest cover to EU demand/trade for commodities and products. The EU Observatory will thus directly support the implementation of this Regulation by providing scientific evidence in regard to global deforestation and forest degradation and related trade. The Commission should also examine how land rights can be integrated into monitoring under the EU Observatory. The EU Observatory will cooperate closely with relevant international organisations, research institutes, non-governmental organisations, operators and third countries.
Amendment 153 #
2021/0366(COD)
Proposal for a regulation
Article 23 – paragraph 2 – point b b (new)
Article 23 – paragraph 2 – point b b (new)
(bb) the obligation to compensate for damage done to any natural or legal person that the exercise of due diligence would have avoided; CA13
Amendment 154 #
2021/0366(COD)
Proposal for a regulation
Article 23 – paragraph 2 – point d
Article 23 – paragraph 2 – point d
(d) temporary exclusion from public procurement processes. and from access to public funding, including tendering procedures, grants and concessions; CA13
Amendment 155 #
2021/0366(COD)
Proposal for a regulation
Article 23 – paragraph 2 – point d a (new)
Article 23 – paragraph 2 – point d a (new)
(da) temporary or permanent prohibition from placing or making available relevant commodities and products on the Union market, or exporting them, in the event of a serious infringement or of repeated infringements; CA13
Amendment 156 #
2021/0366(COD)
Proposal for a regulation
Article 23 – paragraph 2 – point d b (new)
Article 23 – paragraph 2 – point d b (new)
(db) prohibition from the use of the simplified due diligence procedure in Article 12, in the event of a serious infringement or of repeated infringements; CA13
Amendment 157 #
2021/0366(COD)
Proposal for a regulation
Article 23 – paragraph 2 a (new)
Article 23 – paragraph 2 a (new)
2a. Member States shall notify the Commission of operators and traders that have failed to fulfil their obligations under this Regulation and the penalties imposed on them by means of the information system referred to in Article 31 within 30 days of the relevant finding of non-compliance, taking due account the relevant data protection rules. The Commission shall publish a list of operators and traders concerned. They shall be informed of their inclusion in the list. The list of non-compliant operators and traders shall contain the following elements: (a) the name of the operator or trader; (b) the date of the first inclusion on the list and the date from which sufficient remedial action was taken; (c) a summary of the activities justifying the inclusion of the operator or trader on the list; and (d) the nature and, where financial, the amount of the penalty imposed. The list shall be made publicly available on the website of the Commission and regularly updated. The Commission shall publish the list in the Official Journal of the European Union and in the Register referred to in Article 31. CA13
Amendment 158 #
2021/0366(COD)
Proposal for a regulation
Article 23 – paragraph 2 b (new)
Article 23 – paragraph 2 b (new)
Amendment 159 #
2021/0366(COD)
Proposal for a regulation
Article 24 – paragraph 7 – point b
Article 24 – paragraph 7 – point b
(b) Where the release for free circulation or export has been suspended in accordance with paragraph 6, the competent authorities have not requested, within the 3five working days, or 72 hours for fresh commodities and products which are a the risk of spoilage, indicated in Article 14(7), the need to maintain the suspension of the release for free circulation or export of that relevant commodity or product; CA14
Amendment 160 #
2021/0366(COD)
Proposal for a regulation
Article 24 – paragraph 8 – subparagraph 1
Article 24 – paragraph 8 – subparagraph 1
Upon notification of thae non-compliant status, customs authorities shall not allow the release for free circulation or export of that relevant commodity or product. They shall also include the following notice in the customs data-processing system and, where possible, on the commercial invoice accompanying the relevant commodity or product and on any other relevant accompanying document: ‘Non-compliant commodity or product — release for free circulation/export not authorised — Regulation (EU) 2021/XXXX.’ [OP to indicate reference of this Regulation] CA14
Amendment 161 #
2021/0366(COD)
Proposal for a regulation
Article 24 – paragraph 10
Article 24 – paragraph 10
10. Customs authorities may donate the relevant commodity or product to charitable or public interest purposes or, and only if that is not possible, recycle or, as a last resort, destroy a non-compliant relevant commodity or product upon the request of the competent authorities or where they deem it necessary and proportionate. The cost of such measure shall be borne by the natural or legal person holding the relevant commodity or product. Articles 197 and 198 of Regulation (EU) No 952/2013 shall apply accordingly. Upon request of competent authorities, non-compliant relevant commodities and products may alternatively be confiscated and placed by customs at the disposal of the competent authorities.CA14
Amendment 162 #
2021/0366(COD)
Proposal for a regulation
Article 25 – paragraph 4
Article 25 – paragraph 4
4. Where, in relation to relevant commodities and products subject to this Regulation that are either in temporary storage or placed under a customs procedure other than ‘release for free circulation’, customs authorities at the first point of entry have reason to believe that those relevant commodities or products are not compliant with this Regulation, they shall transmit all relevant information to the competent customs office of destination. as well as with the national competent authority in charge of enforcing this Regulation. CA10
Amendment 163 #
2021/0366(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. The Commission shall develop an electronic interface based on the EU Single Window Environment for Customs to enable the transmission of data, in particular the notifications and requests referred to in Article 24, paragraphs 5 to 8, between national customs systems and the information system referred to in Article 31. This electronic interface shall be in place at the latest fourone years from the date of adoption of the relevant implementing act referred to in paragraph 3. CA15
Amendment 164 #
2021/0366(COD)
Proposal for a regulation
Article 26 – paragraph 2 – introductory part
Article 26 – paragraph 2 – introductory part
2. The Commission mayshall develop an electronic interface based on the EU Single Window Environment for Customs to enable: CA15
Amendment 165 #
2021/0366(COD)
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. This Regulation establishes a three- tier system for the assessment of countries or parts thereof. Unless identified in accordance with this Article as presenting a low or high risk, countries shall be considered as presenting a standard risk. The Commission mayshall identify countries or parts thereof that present a low or high risk of producing relevant commodities or products that are not compliant with Article 3, point (a). The list of the countries or parts thereof that present a low or high risk shall be published by means of implementing act(s) to be adopted in accordance with the examination procedure referred to in Article 34(2) within 6 months of the entry into force of this Regulation. That list shall be updated as necessary in light of new evidence. CA9
Amendment 166 #
2021/0366(COD)
Proposal for a regulation
Article 27 – paragraph 2 – introductory part
Article 27 – paragraph 2 – introductory part
2. The identification of low and high risk countries or parts thereof pursuant to paragraph 1 shall follow a transparent and objective assessment process which shall take into account information provided by the country concerned and by the country, regional authorities concerned, operators as well as NGOs and third parties, including indigenous peoples, local communities and civil society organisations and be based on the following assessment criteria: CA9
Amendment 167 #
2021/0366(COD)
Proposal for a regulation
Article 27 – paragraph 2 – point a
Article 27 – paragraph 2 – point a
(a) rate of deforestation and, forest degradation, and forest conversion, CA9
Amendment 168 #
2021/0366(COD)
Proposal for a regulation
Article 27 – paragraph 2 – point d
Article 27 – paragraph 2 – point d
(d) whether the nationally determined contribution (NDC) to the United Nations Framework Convention on Climate Change covers emissions and removals from agriculture, forestry and land use which ensures that emissions from deforestation and, forest degradation and forest conversion are accounted towards the country's commitment to reduce or limit greenhouse gas emissions as specified in the NDC; CA9
Amendment 169 #
2021/0366(COD)
Proposal for a regulation
Article 27 – paragraph 2 – point e
Article 27 – paragraph 2 – point e
(e) agreements and other instruments concluded between the country concerned and the Union that address deforestation or, forest degradation or forest conversion and facilitates compliance of relevant commodities and products with the requirements of this Regulation and their effective implementation;, provided that their timely and effective implementation has been ascertained on the basis of an objective and transparent assessment; CA9
Amendment 170 #
2021/0366(COD)
Proposal for a regulation
Article 27 – paragraph 2 – point f
Article 27 – paragraph 2 – point f
(f) whether the country concerned has national or subnational laws in place, including in accordance with Article 5 of the Paris Agreement, and takes effective enforcement measures to avoid and sanction activities leading to deforestation and forest degradation, and in particular whether sanctions of sufficient severity to deprive of the benefits accruing from deforestation or forest degradation and relevant law in accordanc ewith Article 2(28) of this Regulation, and takes effective enforcement measures to ensure that those laws are implemented and to avoid and sanction activities whether the country concerned has national or subnational laws in place, including in accordance with Article 5 of the Paris Agreement, and takes effective enforcement measures to avoid and sanction activities leading to deforestation, forest degradation and forest conversion, and in particular whether sanctions of sufficient severity to deprive of the benefits accruing from deforestation, forest degradation or forest conversion or non-compliance with the rules applicablein the country of production described in Article 2, point (28), are applied. CA9
Amendment 171 #
2021/0366(COD)
Proposal for a regulation
Article 27 – paragraph 2 – point f a (new)
Article 27 – paragraph 2 – point f a (new)
(fa) whether the national and sub- national jurisdiction has developed jurisdictional approaches with the meaningful engagement of all relevant stakeholders, including civil society, indigenous peoples and local communities, and the private sector, including micro enterprises, SMEs and smallholders, to tackle deforestation, forest degradation, forest conversion, land rights violations and illegal production; CA9
Amendment 172 #
2021/0366(COD)
Proposal for a regulation
Article 27 – paragraph 2 – point f b (new)
Article 27 – paragraph 2 – point f b (new)
(fb) whether the country concerned makes relevant data available transparently; CA9
Amendment 173 #
2021/0366(COD)
Proposal for a regulation
Article 27 – paragraph 2 – point f c (new)
Article 27 – paragraph 2 – point f c (new)
(fc) if applicable, the existence, compliance with, and effective enforcement of laws protecting the rights of indigenous peoples, local communities and other customary tenure rights holders; CA9
Amendment 174 #
2021/0366(COD)
Proposal for a regulation
Article 27 – paragraph 3 – introductory part
Article 27 – paragraph 3 – introductory part
3. The Commission shall notify the countries, regional authorities as well as the operators and traders concerned of its intent to assign a change to the existing risk- category of a country or part thereof and invite them to provide any information deemed useful in this regard. The Commission shall allow the countrso carry out a public consultation to gather information and views from interested parties, including in particular indigenous peoples, local communities, smallholders and civil society organisations. The Commission shall allow the countries and regional authorities adequate time to provide a response, which may include information on measures taken by the country or regional authority to remedy the situation in case its status or the status of parts thereof might be changed to a higher risk category. CA9
Amendment 175 #
2021/0366(COD)
Proposal for a regulation
Article 27 – paragraph 3 – subparagraph 1 – introductory part
Article 27 – paragraph 3 – subparagraph 1 – introductory part
It shall include in the notification and in the consultation the following information: CA9
Amendment 176 #
2021/0366(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) To strengthen the Union’s contribution to halting deforestation and forest degradation, and to ensure that commodities and products from supply chains related to deforestation and forest degradation are not placed on the Union market, relevant commodities and products should not be placed or made available on the Union market, nor exported from the Union market unless they are deforestation-free and have been produced in accordance with the relevant legislation of the country of production. To confirm that this is the case, they should always be accompanied by a due diligence statement and the operators` due diligence system should be controlled by an independent third-party external auditor accredited with an international accreditation body such as ISEAL on an annual basis.
Amendment 176 #
2021/0366(COD)
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The CommissionIn a coordinated approach the Commission and the Member States, shall engage with producer countries concerned by this Regulation to develop partnerships and cooperation, local governments and interested parties, in particular those exporting significant volumes of commodities listed in Annex I, including via the use of existing and future partnerships and free trade agreements and the alignment of existing aid tools to jointly address the root causes of deforestation and, forest degradation and forest conversion. Such partnerships and cooperation mechanisms wishall be supported with adequate resources and shall focus on the conservation, restoration and sustainable use of forests, deforestation, forest degradation, forest conversion and the transition to sustainable commodity production, consumption processing and trade methods. Partnerships and cooperation mechanisms may include structured dialogues,, good governance, as well as protecting the rights and livelihoods and subsistence of forest-dependent communities, including indigenous peoples, local communities, other customary tenure rights holders and smallholders. Partnerships and cooperation mechanisms may include, but are not limited to, structured dialogues, financial and technical support programmes and actions, administrative arrangements and provisions in existing agreements or agreements that enable producer countries and parts thereof to make the transition to an agricultural production that facilitates the compliance of relevant commodities and products with the requirements of this regulation. Such agreements and their effective implementation will be taken into account as part of the benchmThe Commission shall ensure that indigenous peoples, local communities and civil society, are involved in the development of joint roadmaps. The joint roadmaps shall be based on milestones agreed with local stakeholders. The Commission shall particularly engage with producing countries to remove legal obstacles to their compliance, including national land tenure governance and data protection law. The aim of those partnerships is the development of joint roadmaps, including sustained dialogue and cooperation, in particular with countries and parts thereof identified as high-risk, to support continuous improvement towards the standard risk category in accordance with Article 27. Partnerships and cooperation mechanisms shall pay particular attention to smallholders in order to enable them to transition to sustainable farkming uander Article 27 of this Regulation. forestry practices and to comply with the requirements of this Regulation, including through enabling sufficient and user- friendly information. Adequate financial resources shall be available to meet the needs of smallholders. CA9
Amendment 177 #
2021/0366(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. Partnerships and cooperation shall have adequate financial resources and shall take full account of the information and alerts provided by the EU Observatory. They should allow the full participation of all stakeholders, including civil society, indigenous peoples, local communities, and the private sector including micro enterpreises, SMEs, and smallholders. Partnerships and cooperation shall also support or initiate inclusive and participatory dialogue towards national legal and governance reform processes to enhance forest governance and address domestic factors contributing to deforestation. CA9
Amendment 178 #
2021/0366(COD)
Proposal for a regulation
Article 28 – paragraph 2 a (new)
Article 28 – paragraph 2 a (new)
2a. To ensure that the enforcement of this Regulation is not unduly restrictive or disruptive to trade, especially towards relevant LDCs, the Commission shall supply specific administrative and capacity-building support to governments, local governments, civil society organisations, including trade unions, and producers, particularly small producers, in third countries aimed at facilitating for these actors to live up to the administrative requirements of this Regulation. CA9
Amendment 179 #
2021/0366(COD)
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. Partnerships and cooperation shall promote the development of integrated land use planning processes, relevant legislations, fiscincluding multi-stakeholder processes to establish the scope of relevant legislation, fiscal or commercial incentives and other pertinent tools to improve forest and biodiversity conservation, sustainable management and restoration of forests, tackle the conversion of forests and vulnerable ecosystems to other land uses, optimise gains for the landscape, tenure security, agriculture productivity and competitiveness, transparent supply chains and traceability, protect the rights of ownership, tenure and access to land, including rights of tree tenure for local and indigenous communities, and the right to give or withhold free, prior and informed consent, strengthen the rights of forest dependent communities that depend on the forest including smallholders, indigenous peoples and local communities strengthen national systems of governance and law enforcement, and ensure public access to forest management documents and other relevant information. The Commission shall aim to integrate the monitoring of land and tenure rights under the EU Observatory. CA9
Amendment 180 #
2021/0366(COD)
Proposal for a regulation
Article 28 – paragraph 4
Article 28 – paragraph 4
4. The Commission shall engage in international bilateral and multilateral discussion on policies and actions to halt deforestation and, forest degradation and forest conversion, including in multilateral fora such as Convention on Biological Diversity, Food and Agriculture Organization of the United Nations, United Nations Convention to Combat Desertification, United Nations Environment Assembly, United Nations Forum on Forests, United Nations Framework Convention on Climate Change, World Trade Organisation, G7 and G20. Such engagement shall include the promotion of the transition to sustainable agricultural production and sustainable forest management as well as the development of transparent and sustainable supply chains as well as continue efforts towards identifying and agreeing robust standards and definitions that ensure a high level of protection of forest ecosystems.s and other natural ecosystems and related human rights. CA9
Amendment 181 #
2021/0366(COD)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. Competent authorities shall, without undue delay, diligently and impartially assess the substantiated concerns and take the necessary steps, including checks and hearings of operators and traders, with a view to detecting potential breaches of the provisions of this Regulation and, where appropriate, interim measures under Article 21 to prevent the placing making available on and export from the Union market of relevant commodities and products under investigation. and inform the Commission about the measures put in place. CA16
Amendment 182 #
2021/0366(COD)
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
Amendment 183 #
2021/0366(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) On the basis of a systemic approach, operators should take the appropriate steps in order to ascertain that the relevant commodities and products that they intend to place on the Union market comply with the deforestation-free and legality requirements of this Regulation. To that end, operators should establish and implement due diligence procedures. The due diligence procedure required by this Regulation should include three elements: information requirements, risk assessment and risk mitigation measures. The due diligence procedures should be designed to provide access to information about the sources and suppliers of the commodities and products being placed on the Union market, including information demonstrating that the absence of deforestation and forest degradation and legality requirements are fulfilled, inter alia by identifying the country and area of production, including geo-location coordinates of relevant plots of landroduction areas. These geo-location coordinates that rely on timing, positioning and/or Earth observation of relevant production areas could make use of space data and services delivered under the Union’s Space programme (EGNOS/Galileo and Copernicus) or from other publicly or privately available sources. On the basis of this information, operators should carry out a risk assessment. Where a risk is identified, operators should mitigate such risk to achieve no or negligible risk. Only after completing the required steps of the due diligence procedure and concluding that no or negligible risk exists that the relevant commodity or product is not compliant with this Regulation, should the operator be allowed to place the relevant commodity or product on the Union market or to export it.
Amendment 183 #
2021/0366(COD)
Proposal for a regulation
Article 29 – paragraph 3 a (new)
Article 29 – paragraph 3 a (new)
3a. In order to facilitate the transmission of substantiated concerns from natural or legal persons from producer countries, and especially from local communities, the Commission shall establish a centralised communication procedure to channel those concerns to the relevant Member States. That procedure shall be complementary to those established by competent authorities. CA16
Amendment 184 #
2021/0366(COD)
Proposal for a regulation
Article 29 – paragraph 3 b (new)
Article 29 – paragraph 3 b (new)
3b. Member States shall provide for measures to protect the identity of the natural or legal persons who submit substantiated concerns or who carry out investigations with the aim of verifying compliance by operators or traders with this Regulation. CA16
Amendment 185 #
2021/0366(COD)
Proposal for a regulation
Article 30 – paragraph 2 a (new)
Article 30 – paragraph 2 a (new)
2a. Access to a court or other independent and impartial public body pursuant to paragraph 1 shall be fair, equitable, timely and not prohibitively expensive and provide adequate and effective remedies, including injunctive relief where appropriate. Member States shall ensure that practical information is made available to the public on access to administrative and judicial review procedures. CA16
Amendment 186 #
2021/0366(COD)
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. The Commission shall establish and maintain, by the date established in Article 36(2), an information system (“Register”) which shall contain the due diligence statements made available pursuant to Article 4(2). and the list of non-compliant operators and traders referred to in Article 23a. CA17
Amendment 187 #
2021/0366(COD)
Proposal for a regulation
Article 31 – paragraph 2 – point c
Article 31 – paragraph 2 – point c
(c) registration of the outcome of controls on due diligence statements; and the penalties imposed; CA17
Amendment 188 #
2021/0366(COD)
Proposal for a regulation
Article 31 – paragraph 4
Article 31 – paragraph 4
4. The Commission shall provide access to that information system to customs authorities, competent authorities, operators and traders in accordance with their respective obligations under this Regulation., traders, or their legal representatives, or both, and suppliers concerned in accordance with their respective obligations under this Regulation. Suppliers concerned shall have the right to consult all information which pertains to them. CA17
Amendment 189 #
2021/0366(COD)
Proposal for a regulation
Article 31 – paragraph 5
Article 31 – paragraph 5
5. IWithout prejudice to Article 23 and in line with the EU’s Open Data Policy, and in particular the Directive (EU) 2019/102451 , the Commission shall provide access to the wider public, except for the information in paragraph 2, point (e) of this Article, to the complete anonymised datasets of the information system in an open format that can be machine-readable and that ensures interoperability, re-use and accessibility. CA17 __________________ 51 Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information (OJ L 172, 26.6.2019, p. 56–83).
Amendment 190 #
2021/0366(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. No later than two years aAfter the entry into force of this Regulation, the Commission shall carry out a first review of this Regulation, andontinuously review its application. The Commission shall: (a) present a report to the European Parliament and the Council, no later than one year after the entry into force of this Regulation, an impact assessment accompanied, ifwhere appropriate, by a legislative proposal. The report shall focus in particular on an evaluation of the need and the feasibility of , to extending the scope of this Regulation to other natural ecosystems, including land with high carbon stocks and land with a high biodiversity value such as grasslands, peatlands and wetlands and further commodities., in addition to forest and other wooded land in accordance with the cut-off date and definitions as referred to in Article 2, CA1
Amendment 191 #
2021/0366(COD)
Proposal for a regulation
Article 32 – paragraph 2 – introductory part
Article 32 – paragraph 2 – introductory part
2. No later than five years after the entry into force and at least every five years thereafter, the Commission shall carry out a general review of this Regulation, and shall present a report to the European Parliament and the Council accompanied, if appropriate, by a legislative proposal. The first of the reports shall include in particular, based on specific studies, an evaluation of:evaluate, no later than two years after the entry into force: CA1
Amendment 192 #
2021/0366(COD)
Proposal for a regulation
Article 32 – paragraph 2 – point a
Article 32 – paragraph 2 – point a
(a) (i) the need for and feasibility of additional trade facilitation tools to support the achievement of the objecextending the scope of this Regulation to other commodities and products, in particular additional products derived from the commoditives of the Regulation including through recognition of certification schemes;listed in Annex I as well as additional commodities and products, specifically sugar cane, ethanol and mining products; CA1
Amendment 193 #
2021/0366(COD)
Proposal for a regulation
Article 32 – paragraph 2 – point b
Article 32 – paragraph 2 – point b
(b) (ii) the impact of theis Regulation on farmers, in particular smallholders, indigenous peoples and local communities and the possible need for additional support for the transition towards sustainable supply chains. and for smallholders to comply with the requirements of this Regulation; (iii) the need for and feasibility of additional trade facilitation tools, in particular for Least Developed Countries highly impacted by this Regulation and countries identified as standard or high risk, to support the achievement of the objectives of this Regulation. CA1
Amendment 194 #
2021/0366(COD)
Proposal for a regulation
Article 32 – paragraph 2 – point b a (new)
Article 32 – paragraph 2 – point b a (new)
(ba) analyse, within one year of the adoption of [the forthcoming Directive on corporate sustainability due diligence], whether any guidelines are needed to facilitate the implementation of this Regulation and ensure coherence between this Regulation and [the forthcoming Directive on corporate sustainability due diligence], and to avoid undue administrative burden. CA1
Amendment 195 #
2021/0366(COD)
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
3. Without prejudice to the general review under paragraph 1, a first review of Annex I shall be carried out by the Commission no later than two years after the entry into force of this Regulation, and thereafterreviews scheduled in paragraph 1, the Commission shall conduct at regular intervals a review of Annex I in order to assess whether it is appropriate to amend or extend the relevant products listed in Annex I in order to ensure that all products that contain, have been fed with or have been made using relevant commodities are included in that list, unless the demand for those products has a negligible effect on deforestation. The reviews shall be based on an assessment of the effect of the relevant commodities and products on deforestation and, forest degradation and forest conversion, and take into account changes in consumption, including a detailed assessment of changes to the patterns of trade in the sectors covered by this Regulation, as indicated by scientific evidence. CA1
Amendment 196 #
2021/0366(COD)
Proposal for a regulation
Article 32 – paragraph 3 a (new)
Article 32 – paragraph 3 a (new)
3a. The Commission shall continuously monitor the impact of this Regulation on vulnerable stakeholders such as smallholders, indigenous peoples and local communities, especially in third countries, also paying particular regard to the situation of women. The monitoring shall be based on a scientific and transparent methodology and shall take into account information provided by interested stakeholders. CA1
Amendment 197 #
2021/0366(COD)
Proposal for a regulation
Article 32 – paragraph 3 b (new)
Article 32 – paragraph 3 b (new)
3b. The Commission shall continuously monitor changes in the trade patterns of the products and commodities included in the scope of this Regulation. When changes in the pattern of trade are found to have insufficient due cause or economic justification other than to avoid obligations as laid down in this Regulation, including replacing those products and commodities with other products and commodities which are not included in the list of products and commodities in Annex I but have similar characteristics, this should be viewed as a practice of circumvention. Interested parties may inform the Commission of any perceived circumvention and the Commission shall investigate any substantiated claim introduced by an interested party. CA1
Amendment 198 #
2021/0366(COD)
Proposal for a regulation
Article 32 – paragraph 4
Article 32 – paragraph 4
4. Following any of the reviews as set out in paragraph 3s 1 to 4, the Commission mayis empowered to adopt delegated acts in accordance with Article 33 to amend Annex I to include relevant products that contain or have been made using relevant commodities.supplement the list in Annex I, or, if appropriate, present a legislative proposal to amend this Regulation. CA1
Amendment 199 #
2021/0366(COD)
Proposal for a regulation
Article 36 – paragraph 3
Article 36 – paragraph 3
3. Articles referred to paragraph 2 shall apply 24 months from the entry into force of this Regulation for operators that are microenterprises and small enterprises53 established by December 31, 2020, except for products covered in the Annex to Regulation (EU) No 995/2010. CA18 __________________ 53 As defined in Article 3(1) and (2) of 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/EEC.
Amendment 200 #
2021/0366(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) The effective and efficient implementation and enforcement of this Regulation are essential to achieving its goals. To this end, the Commission should set up and manage an information system to support the operators and the competent authorities in presenting and accessing the necessary information on relevant commodities and products placed on the market. The operators should submit the due diligence statements and an annual audit report by an independent third-party auditor accredited with an international accreditation body such as ISEAL to the information system. The information system should be accessible to competent authorities and customs authorities to facilitate fulfilling their obligations under this Regulation. The information systemnon-commercially sensitive data should also be accessible for a wider public, with the anonymised data provided in an open and machine-readable format in line with the Union’s Open Data Policy.
Amendment 200 #
2021/0366(COD)
Proposal for a regulation
Annex I
Annex I
Amendment 201 #
2021/0366(COD)
Proposal for a regulation
Annex II – paragraph 1 – point 2
Annex II – paragraph 1 – point 2
2. Harmonised System code, free-text description, including the trade name as well as, where applicable, the full scientific name, and quantity70 of the relevant commodity or product that is intended to be placed on or exported from the Union market by the operator;. CA3 __________________ 70 The quantity must be expressed in kilograms of net mass, specifying a percentage estimate or deviation, and, when applicable, also in the supplementary unit set out in Annex I to Council Regulation (EEC) No 2658/87 against the indicated Harmonised System code. A supplementary unit is applicable when it is defined consistently for all possible subheadings under the Harmonised System code mentioned in the due diligence statement.
Amendment 202 #
2021/0366(COD)
Proposal for a regulation
Annex II – paragraph 1 – point 3
Annex II – paragraph 1 – point 3
3. Country of production and all plots parts thereof land of production, includingall geo- localisation coordinates, latitude and longitude, of all plots of lands as specified in Article 9 (1) point d. Where a product or commodity contains materials, ingredients or components produced in different plots of lands or polygons, the geo-location coordinates of all different plots of lands or polygons shall be included; CA3
Amendment 271 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘deforestation’ means thehuman- induced conversion of forest to agricultural use, whether human-induced or notprimary forests or other wooded land to agricultural use or to plantation forest according to FAO`s definition;
Amendment 404 #
2021/0366(COD)
Proposal for a regulation
Article 4 – paragraph 7
Article 4 – paragraph 7
7. The due diligence system of operators placing products for the first time on the market or exporting them shall be verified by an independent external auditor that is accredited with an international accreditation body on an annual basis. Operators shall also offer all assistance necessary to competent authorities to facilitate the performance of the checks under Article 15, including as regards access to premises and the presentation of documentation or records.
Amendment 427 #
2021/0366(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
In case a natural or legal person established outside the Union places on the Union market relevant commodities and products, the first natural or legal person established in the Union who buys or takes possession of such relevant commodities and products shall be considered operator within the meaning of this Regulation, regardless of its size.
Amendment 444 #
2021/0366(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
(d) geo-localisation coordinates, latitude and longitudeproduction area coordinates collected via geolocalisation, including for the perimeter of all plots of land, farm, plantation, cooperative or village, where the relevant commodities and products were produced, as well as date or time range of production; the time range or harvesting season of production; any deforestation in the given production area would automatically disqualify the entire production area from imports of relevant commodities and products thereof;
Amendment 507 #
2021/0366(COD)
Proposal for a regulation
Article 10 – paragraph 6 – point a
Article 10 – paragraph 6 – point a
(a) model risk management practices, including certification or other third- party-verified schemes, reporting, record- keeping, internal control and compliance management, including for operators that are not SMEs, the appointment of a compliance officer at management level;
Amendment 605 #
2021/0366(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point g
Article 15 – paragraph 1 – point g
(g) any technical and scientific means adequate to determine whether the relevant commodity or product are deforestation- free, including Earth observation data such as from Copernicus programme and tools, or from other publicly and privately available sources, and
Amendment 714 #
2021/0366(COD)
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. This Regulation establishes a three-tier system for the assessment of countries or parts thereof. Unless identified in accordance with this Article as presenting a low or high risk, countries shall be considered as presenting a standard risk. The Commission maye Commission shall identify countries or partregions thereof that present a low or high risk of producing relevant commodities or products that are not compliant with Article 3, point (a). The list of the countries or partregions thereof that present a low or high risk shall be published by means of implementing act(s) to be adopted in accordance with the examination procedure referred to in Article 34(2) within 6 months after entry into force of this Regulation. That list shall be updated as necessary in light of new evidence.
Amendment 884 #
2021/0366(COD)
Amendment 898 #
2021/0366(COD)
Proposal for a regulation
Annex II – paragraph 1 – point 3
Annex II – paragraph 1 – point 3
3. Country of production and all plots region thereof land ofall production areas, including geo- localisation coordinates, latitude and longitude. Where a product or commodity contains materials, ingredients or components produced in different plots of landroduction areas, the geo-location coordinates of all different plots of landroduction areas shall be included;
Amendment 591 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 23 – point a
Article 1 – paragraph 1 – point 23 – point a
Regulation (EU) No 575/2013
Article 92 – paragraph 3 – point a – introductory part
Article 92 – paragraph 3 – point a – introductory part
(a) a stand-alone institution in the EU and, for the purposes of complying with the obligations of this Regulation on the basis of its consolidated situation in accordance with Part One, Title II, Chapter 2, an EU parent institution, an EU parent financial holding company and an EU parent mixed financial holding companyinstitutions shall calculate the total risk exposure amount as follows:
Amendment 615 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 23 – point a
Article 1 – paragraph 1 – point 23 – point a
(b) for the purposes set out in points (i) and (ii), the total risk exposure amount shall be calculated in accordance with paragraph 6:by way of derogation from point (a), a Member State may decide that the total risk exposure amount shall be the un- floored total risk exposure amount, calculated in accordance with paragraph 4, for institutions in its jurisdiction which are part of a group with a parent institution in this Member State, provided that this parent institution or, in the case of groups composed of a central body and permanently affiliated institutions, the whole as constituted by the central body together with its affiliated institutions calculates its total risk exposure amount in accordance with point (a) on a consolidated basis.
Amendment 620 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 23 – point a
Article 1 – paragraph 1 – point 23 – point a
Regulation (EU) No 575/2013
Article 92 – paragraph 3 – point c
Article 92 – paragraph 3 – point c
Amendment 638 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 23 – point b
Article 1 – paragraph 1 – point 23 – point b
Regulation (EU) No 575/2013
Article 92 – paragraph 6
Article 92 – paragraph 6
Amendment 809 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 44
Article 1 – paragraph 1 – point 44
Regulation (EU) No 575/2013
Article 124 – paragraph 3 – point a – point iii – indent 2
Article 124 – paragraph 3 – point a – point iii – indent 2
— a central government, regional government or local authority or a public sector entity, exposures to which are treated in accordance with Articles 115(2) and 116(4), respectively, has the legal powers and ability to ensure that the property under construction will be finished within a reasonable time frame and is required to or has committed in a legally binding manner to do so where the construction would otherwise not be finished within a reasonable time frame. Equivalently, there are legal provisions in place to ensure that the property under construction will be finished within a reasonable time frame.;
Amendment 836 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 47
Article 1 – paragraph 1 – point 47
Regulation (EU) No 575/2013
Article 126a – paragraph 2 – point a
Article 126a – paragraph 2 – point a
(a) legally binding pre-sale or pre-lease contracts, for which the purchaser or tenant (i) has made a substantial cash deposit which is subject to forfeiture if the contract is terminated, or (ii) has ensured financing via a bank, amount to a significant portion of total contracts;
Amendment 174 #
2021/0341(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2013/36
Article 21c
Article 21c
Amendment 238 #
2021/0341(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2013/36/EU
Article 47 – paragraph 1 – introductory part
Article 47 – paragraph 1 – introductory part
1. This Chapter lays down the rules concerning the carrying out in a Member State of the activities of a third-country- branch:
Amendment 241 #
2021/0341(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2013/36/EU
Article 47 – paragraph 1 – point a
Article 47 – paragraph 1 – point a
Amendment 246 #
2021/0341(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2013/36/EU
Article 47 – paragraph 1 – point b
Article 47 – paragraph 1 – point b
Amendment 252 #
2021/0341(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2013/36/EU
article 47 – paragraph 2
article 47 – paragraph 2
Amendment 262 #
2021/0341(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2013/36/EU
Article 48a – paragraph 1 – point b
Article 48a – paragraph 1 – point b
(b) the third country branch’s authorised activities include taking deposits and other repayable funds from retail customers; (a) for a total aggregated amount higher than 10% of the total value of the assets booked by the third country branch in the Member State, as reported for the immediately preceding annual reporting period in accordance with Section II, Sub-section 4;
Amendment 266 #
2021/0341(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2013/36/EU
Article 48c – paragraph 1
Article 48c – paragraph 1
1. Member States shall require that third country undertakings establish a branch in their territory before commencing the activities referred to in Article 47(1). The establishment of a third country branch shall be subject to prior authorisation in accordance with this Chapter.
Amendment 269 #
2021/0341(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2013/36/EU
Article 48c – paragraph 3 – subparagraph 1 – point d
Article 48c – paragraph 3 – subparagraph 1 – point d
(d) the authorisation provides that the third country branch may only conduct the authorised activities within the Member State where it is established and expressly prohibits the third country branch from offering or conducting those same activities in other Member States on a cross-border basis; except for transactions concluded with other third country branches of the same group and for transactions incurred on a reverse solicitation basis.
Amendment 273 #
2021/0341(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2013/36/EU
Article 48f – paragraph 3
Article 48f – paragraph 3
Amendment 280 #
2021/0341(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2013/36/EU
Article 48j – title
Article 48j – title
Amendment 281 #
2021/0341(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Amendment 285 #
2021/0341(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2013/36/EU
Article 48j – paragraph 2
Article 48j – paragraph 2
Amendment 286 #
2021/0341(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2013/36/EU
Article 48j – paragraph 3
Article 48j – paragraph 3
Amendment 287 #
2021/0341(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2013/36/EU
Article 48j – paragraph 4
Article 48j – paragraph 4
Amendment 288 #
2021/0341(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2013/36/EU
Article 48k – title
Article 48k – title
Amendment 290 #
2021/0341(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2013/36/EU
Article 48k
Article 48k
Amendment 292 #
2021/0341(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2013/36/EU
Article 48k – paragraph 2
Article 48k – paragraph 2
Amendment 294 #
2021/0341(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2013/36/EU
Article 48k
Article 48k
Amendment 297 #
Amendment 298 #
Amendment 302 #
2021/0341(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Amendment 303 #
2021/0341(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2013/36/EU
Article 48k – paragraph 7
Article 48k – paragraph 7
Amendment 224 #
2021/0295(COD)
Proposal for a directive
Recital 9
Recital 9
(9) Prior toUpon the granting of authorisation, the supervisory authority of the home Member State should consultnotify the supervisory authorities of any Member States concerned. In view of increased cross-border insurance activities, it is necessary to enhance the convergent application of Union law in cases of cross-border insurance activity and the exchange of information between the supervisory authorities, in particular before authorisations are granted. Therefore, where several supervisory authorities need to be consulted, any supervisory authority concerned should be allowed to request a joint assessment of an application for authorisation from the supervisory authority of the Member State where the authorisation process is ongoing.
Amendment 397 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Directive 2009/138/EC
Article 33a – paragraph 1 – subparagraph 1
Article 33a – paragraph 1 – subparagraph 1
1. In the event of significant cross- border activities carried out by insurance and reinsurance undertakings under the right of establishment or the freedom to provide services, as part of the supervisory review process as determined by the home supervisor, the supervisory authority of the home Member State shall cooperate with the supervisory authority of the host Member State to assess whether the insurance undertaking has a clear understanding of the risks that it faces, or may face, in the host Member State.
Amendment 402 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Directive 2009/138/EC
Article 33a – paragraph 2
Article 33a – paragraph 2
2. The supervisory authority of the home Member State shall, in a timely manner, inform the supervisory authority of the host Member State about the outcome of its supervisory review process related to the cross-border activity whereand the host supervisor should advise on potential issues of compliance with the provisions applicable in the host Member State have been identified.
Amendment 406 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Directive 2009/138/EC
Article 33a – paragraph 3
Article 33a – paragraph 3
3. For the purpose of this Article, ‘significant cross-border activities’ are insurance and reinsurance activities carried out by an insurance or reinsurance undertaking under the right of establishment and those carried out under the freedom to provide services in a given host Member State, which exceed 5 % of the annual gross written premium of the undertaking, measured with reference to the last available financial statement of the undertaking.are deemed significant by the home and host supervisors, based on a qualitative assessments;
Amendment 691 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 56
Article 1 – paragraph 1 – point 56
Directive 2009/138/EC
Article 149 – paragraph 2
Article 149 – paragraph 2
2. Where there is a change in the business pursued by the insurance undertaking under the freedom to provide services that is materially affecting its risk profile or materially influencing the insurance activities in one or more host Member States, the insurance undertaking shall inform the supervisory authority of the home Member State immediately. The supervisory authority of the home Member State shall inform the supervisory authorities of the host Member States concerned without delay.in one month;
Amendment 693 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 57
Article 1 – paragraph 1 – point 57
Directive 2009/138/EC
Article 152a – paragraph 2
Article 152a – paragraph 2
2. The supervisory authority of the home Member State shall notify EIOPA and the supervisory authority of the relevant host Member State if it identifies deteriorating financial conditions or other emerging risks, including those concerning consumer protection, posed by an insurance or reinsurance undertaking carrying out activities which are based on the freedom to provide services or the freedom of establishment and which may have a cross- border effect. The supervisory authority of the host Member State may also notify EIOPA and the supervisory authority of the relevant home Member State where it has serious and reasoned concerns with regard to consumer protection. The supervisory authorities may refer the matter to EIOPA and request its assistance where no bilateral solution can be found.;
Amendment 703 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 59
Article 1 – paragraph 1 – point 59
Directive 2009/138/EC
Article 153 – paragraph 1
Article 153 – paragraph 1
The supervisory authority of the host Member State may require the information which it is entitled to request with regard to the business of an insurance undertaking operating in the territory of that Member State either from the supervisory authority of the home Member State of that undertaking or from the insurance undertaking. That information shall be supplied within a reasonable period of time in the official language or languages of the host Member State, or in another language accepted by the supervisory authority of the host Member State. Where the supervisory authority of the host Member State addresses the insurance undertaking directly, it shall informand, if requested, the home supervisor will make a reasonable attempt to provide in another language accepted by the supervisory authority of the homest Member State, about the information request.;
Amendment 709 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 60
Article 1 – paragraph 1 – point 60
Directive 2009/138/EC
Article 159a – paragraph 1 – subparagraph 2
Article 159a – paragraph 1 – subparagraph 2
For the purposes of this Article, ‘significant cross-border activities’ means insurance and reinsurance activities carried out under the right of establishment and those carried out under the freedom to provide services in a Member State for which the annual gross written premium exceeds 5 % of the annual gross written premium of the undertaking, measured with reference to the last available financial statements of the undertaking, as established following an assessment under the proportionality principle.
Amendment 710 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 60
Article 1 – paragraph 1 – point 60
Directive 2009/138/EC
Article 159a – paragraph 2 – subparagraph 1
Article 159a – paragraph 2 – subparagraph 1
2. Where an insurance or reinsurance undertaking does not comply with or is likely not to comply with the Minimum Capital Requirement in the following three months, or where there is a significant non-compliance with the Solvency Capital Requirement, and in the absence of appropriate measures by the supervisory authority of the home Member State to appropriately remedy such situation, the supervisory authority of the host Member State in which that undertaking has significant cross-border activities, may request the supervisory authority of the home Member State to carry out jointly an o assist in the preparation of a non-site inspection ofwith the insurance or reinsurance undertaking, explaining the reasons for such a requestsupervisory authority of the home Member State.
Amendment 712 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 60
Article 1 – paragraph 1 – point 60
Directive 2009/138/EC
Article 159a – paragraph 3 – subparagraph 3
Article 159a – paragraph 3 – subparagraph 3
Where the supervisory authorities disagree on the conclusions of the joint on-site inspection, either of them may, within two months following the expiry of the period referred to in the second subparagraph , and without prejudice to the supervisory actions and powers to be taken by the supervisory authority of the home Member State to address the non-compliance with the Solvency Capital Requirement or the non-compliance or likely non-compliance with the Minimum Capital Requirement, refer the matter to EIOPA and request its assistance in accordance with Article 19 of Regulation (EU) No 1094/2010. The matter shall not be referred to EIOPA after the expiry of the two-month period referred to in this subparagraph nor after an agreement on joint conclusions has been reached between supervisory authorities in accordance with the second subparagraph.
Amendment 713 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 60
Article 1 – paragraph 1 – point 60
Directive 2009/138/EC
Article 159a – paragraph 3 – subparagraph 4
Article 159a – paragraph 3 – subparagraph 4
Amendment 1 #
2021/0277(BUD)
Draft opinion
Paragraph 1
Paragraph 1
1. Highlights that the 2022 EU budget and its implementation should meet the expectations of citizens that the recovery from the COVID-19 pandemic and economic crises will be fast, resilient, socially fair and equitable; stresses that the 2022 EU budget should contribute to fostering a strong economic recovery, job creation and European competitiveness;
Amendment 8 #
2021/0277(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that this budget should contribute to achieving the revised 2030 EU climate and environmental targets – including halting and reversing biodiversity loss – the EU’s energy targets and the objective of making the EU climate-neutral by 2050 at the latest in line with the Paris Agreement, while ensuring a green and just transition through the European Green Deal; highlights that adequate support should be provided to the Member States that have been most affected by the pandemic and its socio- economic consequences;
Amendment 14 #
2021/0277(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Emphasises the importance of achieving the EU’s climate and biodiversity mainstreaming targets1 as soon as possible using the new funds available under the Next Generation EU (NGEU) instrument, in particular the Recovery and Resilience Facility2 and the Just Transition Fund; highlights that it is essential that funding from the multiannual financial framework and the NGEU is only awarded for activities which are in line with the ‘do no significant harm’ principle and are consistent with the Paris Agreement objectives as laid down in the European Council conclusions of 21 July 2020; _____________ 1 30 % of EU expenditure contributing to climate objectives, and annual spending levels for biodiversity of at least 7.5 % in 2024, increasing to 10 % in 2026 and 2027. 2At least 37 % of RRF spending contributing to climate objectives.
Amendment 26 #
2021/0277(BUD)
Draft opinion
Paragraph 4
Paragraph 4
4. Reiterates its call to track climate- and biodiversity-related expenditure using a robust, transparent, reliable and comprehensive methodology for the achievement of the applicable targets; looks forward to the annual consultations on the climate target, as set out in the Interinstitutional Agreement of 16 December 2020; welcomes that existing overlaps between climate and biodiversity goals will be taken into account;
Amendment 32 #
2021/0277(BUD)
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Stresses that tracking of climate- and biodiversity-related expenditure should rely on a science based, life cycle approach in order to counteract the risk of ‘greenwashing’;
Amendment 33 #
2021/0277(BUD)
Draft opinion
Paragraph 4 e (new)
Paragraph 4 e (new)
4e. Calls on the Commission to consider the impact of its methodology with regard to administrative burdens on national, regional and local authorities as well as other stakeholders and beneficiaries; highlights that small- and medium sized enterprises (SMEs) are often among first movers with regard to innovation; recalls that SMEs can be particularly vulnerable to administrative burdens;
Amendment 34 #
2021/0277(BUD)
Draft opinion
Paragraph 4 f (new)
Paragraph 4 f (new)
4f. Welcomes the Better Regulation agenda of the Commission which aims to make Union regulation simpler, more targeted and easier to comply with; calls on the Commission to facilitate the achievement of the European Green Deal by tackling obstacles and red tape that may slow down its implementation, while also ensuring that the implementation of the European Green Deal targets is achieved with the lowest possible burden for citizens and businesses, for example by applying a ‘one in, one out’ approach and by paying special attention to the implications and costs of applying legislation, especially for small and medium-sized enterprises;
Amendment 40 #
2021/0277(BUD)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Considers it essential, that sufficient resources are secured in the 2022 EU budget for the investment in skills; recalls that the European Skills Agenda serves to strengthen competitive sustainability and resilience of the Union; underlines the importance of developing the skills of Europeans in order to grasp the opportunities of the green transition;
Amendment 43 #
2021/0277(BUD)
Draft opinion
Paragraph 6
Paragraph 6
6. Welcomes the increase in the budgets for the EU4Health programme and the Union Civil Protection Mechanism (rescEU) in order to support the Health Union and enhance the EU’s capacity to respond to crises and build resilience to future shocks; calls for additional budgetary support for the LIFE programmeon the Commission to ensure sufficient funding from the relevant Union programmes and instruments for the implementation of the Health Union package, notably a Regulation on serious cross-border threats to health repealing Decision No 1082/2013/EU;
Amendment 44 #
2021/0277(BUD)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses that sufficient funding for the Health Union package should be accompanied by measures to support the open strategic autonomy of the Union with regard to pharmaceutical products, as well as research and innovation in the sector to the benefit of patients and society as a whole;
Amendment 45 #
2021/0277(BUD)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Recalls that only 4.3% of the population lives without any pre-existing medical condition; stresses that sufficient funding must be reserved for addressing this challenge in European health policies that can positively impact health outcomes for people with gateway chronic diseases as well as co-morbidities;
Amendment 46 #
2021/0277(BUD)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Calls for adequate and targeted funding of competitive European research into the treatment of major non- communicable diseases in order to facilitate innovation as well as contribute to building health system resilience and prioritising the most medically vulnerable in times of health crises; considers that the 2022 EU Budget should ensure that adequate funds are allocated for the appropriate implementation of the Beating Cancer Plan from different sources of funding, notably the EU4Health, the Recovery and Resilience Facility and Horizon Europe; stresses, in particular, the importance to dedicate the necessary funding for enhancing cancer research, prevention and therapeutics innovation; welcomes in this regard the planned Partnership for Personalised Medicine, announced in Europe’s Beating Cancer Plan and to be funded under Horizon Europe;
Amendment 47 #
2021/0277(BUD)
Draft opinion
Paragraph 6 d (new)
Paragraph 6 d (new)
6d. Calls on the Commission to ensure that Union funding for biomedical research and development includes clauses that contribute to the availability and affordability of final products;
Amendment 48 #
2021/0277(BUD)
Draft opinion
Paragraph 6 e (new)
Paragraph 6 e (new)
6e. Recalls the importance of the LIFE programme as a funding instrument for climate change mitigation and adaptation; calls for the level of budgetary support for the LIFE programme to be maintained;
Amendment 54 #
2021/0277(BUD)
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Underlines that as resources are allocated for improved pandemic preparedness and management, note should be taken of lessons learned during the COVID-19 pandemic;
Amendment 55 #
2021/0277(BUD)
Draft opinion
Paragraph 7 d (new)
Paragraph 7 d (new)
7d. Stresses that sufficient resources should be allocated in particular for increasing investments in research and development, which is essential in order to promote European innovation in the development of medicines; stresses that investments in the area of health should contribute to equitable access, availability and affordability of pharmaceutical products;
Amendment 546 #
2021/0240(COD)
Proposal for a regulation
Article 12 – paragraph 3 – point c
Article 12 – paragraph 3 – point c
(c) undertaking for collective investment in transferable securities and alternative investment funds;undertakings
Amendment 566 #
2021/0240(COD)
Proposal for a regulation
Article 12 – paragraph 4 – point a
Article 12 – paragraph 4 – point a
(a) with respect to customer-related risk: the share of non-resident customerstotal number of third-country customers that are resident in geographical areas of higher risk, the presence and share of customers identified as Politically Exposed persons (‘PEPs’);
Amendment 568 #
2021/0240(COD)
Proposal for a regulation
Article 12 – paragraph 4 – point b – point ii
Article 12 – paragraph 4 – point b – point ii
Amendment 620 #
2021/0240(COD)
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Article 13a The obliged entities qualifying as selected obliged entities shall comprise at least 1 obliged entity in each Member State.
Amendment 635 #
2021/0240(COD)
Proposal for a regulation
Article 15 – paragraph 4 – subparagraph 1 (new)
Article 15 – paragraph 4 – subparagraph 1 (new)
In the composition of joint supervisory teams, the Authority shall ensure adequate representation of staff members of the financial supervisors of the Member State in which the financial institution operates. The supervisory team shall be made up of a majority of staff of financial supervisors of the Member States and compromise at least two staff members of the financial supervisor of the Member State of establishment and one staff member of the financial supervisors of the Member States where the financial institution or the obliged entity operates via subsidiaries, branches or under free provision of services.
Amendment 720 #
2021/0240(COD)
1. The Authority shall perform periodic assessments of some or all of the activities of one, several, or all financial supervisors, including the assessment of their tools and resources to ensure high level supervisory standards and practicesconsistency in supervisory practices and effective application of the legislative acts referred to in article 1 (2). To that end, the Authority shall develop methods to allow for an objective assessment and comparison between the competent authorities reviewed. The assessments shall include a review of the application of the AML/CFT supervisory methodology developed pursuant to Article 8 and shall cover all financial supervisors in a single assessment cycle. The length of each assessment cycle shall be determined by the Authority and shall not exceed seven years.
Amendment 727 #
2021/0240(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. The assessments shall be carried out by the staff of the Authority with voluntary involvement of thead hoc committees, which shall be composed of the Authority staff of financial supervisors that are not subject to review, upon agreement on such involvement by the Executive Board. The assessments shall take due account of all the relevant evaluations, assessments or reports drawn up by international organisations and intergovernmental bodies with competence in the field of preventing money laundering and terrorist financing. The committees shall be chaired by a member of the Authority's staff. The Chair, after consulting the Executive Board and following an open call for participation, shall propose the chair and the members of a peer review committee which shall be approved by the General Board in supervisory composition.
Amendment 732 #
2021/0240(COD)
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. The Authority shall produce a report setting out the results of each assessment. That report shall be prepared by the staff of the Authority, or by the staff of the Authority jointly with the staff of the financial supervisors where the staff of financial supervisors were involved in the review on an ad-hoc basis. Tcommittee and adopted by the General Board in supervisory composition. When drafting the report, the peer review committee shall consult the Executive Board in order to maintain consistency with other report shall be adopted by the Executive Board, taking into account the observations of the General Board in supervisory composition. The report shall explain and indicate any specific follow-up measures required to be taken by the financial supervisor or financial supervisors subject to the assessments and to ensure a level playing field. The Executive Board shall assess in particular whether the methodology has ´been applied in the same manner. The report shall explain and indicate any specific follow-up measures that are deemed appropriate, proportionate and necessary as a result of the assessment. The follow-up measures may be adopted in the form of guidelines and recommendations pursuant to Article 43 including recommendations addressed to all or several financial supervisors or to any specific financial supervisor, as appropriate.
Amendment 921 #
2021/0240(COD)
Proposal for a regulation
Article 49 – paragraph 5
Article 49 – paragraph 5
5. The General Board in either composition shall be consulted on the draft decisions to be taken by the Executive Board pursuant to Article 53(3), 53(4), points (a), (c), (e) and (m). Where the subsequent decision taken by tThe Executive Board may only deviates from the opinion of the General Board, through a decision adopted by consensus. The Executive Board shall provide the reasons thereof in writing.
Amendment 938 #
2021/0240(COD)
Proposal for a regulation
Article 53 – paragraph 2
Article 53 – paragraph 2
2. The Executive Board shall adopt all the decisions addressed to selected obliged entities following the proposal of the selected obliged entity’s Joint Supervisory Team referred to in Article 15, and taking into account the opinion provided by the General Board on that proposed decision. Where tThe Executive Board may only deviates from such an opinion, i through a decision adopted by consensus. It shall provide the reasons thereof in writing.
Amendment 986 #
2021/0240(COD)
Proposal for a regulation
Article 65 – paragraph 1
Article 65 – paragraph 1
1. The Authority shall levy an annual supervisory fee on all selected obliged entities referred to in Article 13 and on the non-selected obliged entities that meet the criteria of Article 12(1) and do not meet the criteria in Article 13(1) by one Member State. The fees shall cover expenditure incurred by the Authority in relation to the tasks related to direct supervision and referred to in Sections 3 and 4 of Chapter II. Those fees shall not exceed the expenditure relating to these tasks. Where these criteria are not fully respected in any given year, the necessary adjustments shall be made when calculating the fees for the two following years.
Amendment 992 #
2021/0240(COD)
Proposal for a regulation
Article 65 – paragraph 4
Article 65 – paragraph 4
4. The basis for calculating the annual supervisory fee for a given calendar year shall be the expenditure relating to the direct and indirect supervision of the selected and non-selected obliged entities subject to fees in that year. The Authority may require advance payments in respect of the annual supervisory fee, which shall be based on a reasonable estimate. The Authority shall communicate with the relevant financial supervisor before deciding on the final fee level so as to ensure that supervision remains cost- effective and reasonable for all financial sector obliged entities. The Authority shall communicate to respective financial sector obliged entities the basis for the calculation of the annual supervisory fee. Member States shall ensure that the obligation to pay the fees specified in this Article is enforceable under national law, and that due fees are fully paid.
Amendment 996 #
2021/0240(COD)
Proposal for a regulation
Article 65 – paragraph 6 – introductory part
Article 65 – paragraph 6 – introductory part
6. The Commission is empowered to adopt a delegated act in accordance with Article 86 to supplement this Regulation by specifying the methodology for calculating the amount of the fee levied on each selected and non-selected obliged entity subject to fees in accordance with paragraph 1, and the procedure for collecting these fees. When developing the methodology for determining the individual amount of fees the Commission shall take into account the following:
Amendment 997 #
2021/0240(COD)
Proposal for a regulation
Article 65 – paragraph 6 – point d
Article 65 – paragraph 6 – point d
Amendment 222 #
2021/0239(COD)
Proposal for a regulation
Recital 65
Recital 65
(65) Detailed rules should be laid down to identify the beneficial owners of corporate and other legal entities and to harmonise definitions of beneficial ownership. While a specified percentage shareholding or ownership interest does not automatically determine the beneficial owners, it should be one factor among others to be taken into account. Member States should be able, however, to decide that a percentage lower than 25% may be an indication of ownership or control. Control through ownership interest of at least 25% plus one of the shares or voting rights or other ownership interest should be assessed on every level of ownership, meaning that this threshold should apply to every link in the ownership structure and that every link in the ownership structure and the combination of them should be properly examined.
Amendment 659 #
2021/0239(COD)
Proposal for a regulation
Article 28 – paragraph 5 – introductory part
Article 28 – paragraph 5 – introductory part
5. With the exception of the cases covered by Section 2 of this Chapter, where Member States identify pursuant to Article 8 of Directive [please insert reference – proposal for 6th Anti-Money Laundering Directive - COM/2021/423 final] cases of higher risk, they may require obliged entities to apply enhanced due diligence measures and, where appropriate, specify those measures. Member States shall notify to the Commission and AMLA thshall ask the Commission and AMLA to adopt regulatory technical standards to impose enhanced due diligence requirements imposed upon obliged entities established in their territory within one month of their adoption,uniformly in the EU accompanied by a justification of the money laundering and terrorist financing risks underpinning such decisionmand. Where the risks identified by the Member States pursuant to the first subparagraph are likely to affect the financial system of the Union, the AMLA shall adopt on its own initiative regulatory technical standards to ensure that obliged entities comply with the same rules.
Amendment 757 #
2021/0239(COD)
Proposal for a regulation
Article 42 – paragraph 1 – subparagraph 1
Article 42 – paragraph 1 – subparagraph 1
For the purpose of this Article, ‘control through an ownership interest’ shall mean an ownership of at least 25% plus one of the shares or voting rights or other ownership interest in the corporate entity, including through bearer shareholdings, on every level of ownership.
Amendment 905 #
2021/0239(COD)
Proposal for a regulation
Article 56 – paragraph 3 – introductory part
Article 56 – paragraph 3 – introductory part
3. The information referred to in paragraphs 1 and 2 shall be retained for a period of five years after the end of a business relationship with their customer. The information referred to in paragraph 2 shall be retained for a period of at least five years after the transaction or after the date of an occasional transaction. Upon expiry of that retention period, obliged entities shall delete personal data.
Amendment 90 #
2021/0218(COD)
Proposal for a directive
Recital 9
Recital 9
(9) The market for renewable power purchase agreements is rapidly growing and provides a complementary route to the market of renewable power generation in addition to support schemes by Member States or to selling directly on the wholesale electricity market. At the same time, the market for renewable power purchase agreements is still limited to a small number of Member States and large companies, with significant administrative, technical and financial barriers remaining in large parts of the Union’s market. The existing measures in Article 15 to encourage the uptake of renewable power purchase agreements should therefore be strengthened further, by exploring the use of credit guarantees to reduce these agreements’ financial risks, taking into account that these guarantees, where public, should not crowd out private financing. Both, sovereigns and private investors should also be encouraged to issue European Green bonds to finance projects or subsidy schemes for renewable energy installations.
Amendment 108 #
2021/0218(COD)
Proposal for a directive
Recital 21
Recital 21
(21) Industry accounts for 25% of the Union’s energy consumption, and is a major consumer of heating and cooling, which is currently supplied 91% by fossil fuels. However, 50% of heating and cooling demand is low-temperature (<200 °C) for which there are cost-effective renewable energy options, including through electrification. In addition, industry uses non-renewable sources as raw materials to produce products such as steel or chemicals. Industrial investment decisions today will determine the future industrial processes and energy options that can be considered by industry, so it is important that those investments decisions are future-proof. ThereforeHydrogen will play an important role in the energy transformation as it can be used to carry and store energy as well as fuel and its use can help decarbonise energy intensive industries, the transport sector and the energy sector. Therefore, in line with the European strategy on hydrogen, benchmarks should be put in place to incentivise industry to switch to a renewables-based production processes that not only are fueled by renewable energy, but also use renewable-based raw materials such as renewable hydrogen. Moreover, a common methodology for products that are labelled as having been produced partially or fully using renewable energy or using renewable fuels of non- biological origin as feedstock is required, taking into account existing Union product labelling methodologies and sustainable product initiatives. This would avoid deceptive practices and increase consumers trust. Furthermore, given consumer preference for products that contribute to environmental and climate change objectives, it would stimulate a market demand for those products.
Amendment 153 #
2021/0218(COD)
Proposal for a directive
Recital 36
Recital 36
(36) Directive (EU) 2018/2001 strengthened the bioenergy sustainability and greenhouse gas savings framework by setting criteria for all end-use sectors. It set out specific rules for biofuels, bioliquids and biomass fuels produced from forest biomass, requiring the sustainability of harvesting operations and the accounting of land-use change emissions. To achieve an enhanced protection of especially biodiverse and carbon-rich habitats, such as primary forests, highly biodiverse forests, grasslands and peat lands, exclusions and limitations to source forest biomass from those areas should be introduced, in line with the Regulation on the ban of certain commodities and products associated with deforestation and forest degradation as well as the approach for biofuels, bioliquids and biomass fuels produced from agricultural biomass. In addition, the greenhouse gas emission saving criteria should also apply to existing biomass-based installations to ensure that bioenergy production in all such installations leads to greenhouse gas emission reductions compared to energy produced from fossil fuels.
Amendment 83 #
2021/0214(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The initiative for a carbon border adjustment mechanism (‘CBAM’) is a part of the ‘Fit for 55 Package’. That mechanism is to serve as an essential element of the EU toolbox to meet the objective of a climate-neutral Union by 2050 in line with the Paris Agreement by addressing risks of carbon leakage resulting from the increased Union climate ambition. The CBAM is also consistent with the EU's objective of Open Strategic Autonomy.
Amendment 88 #
2021/0214(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Existing mechanisms to address the risk of carbon leakage in sectors or sub- sectors at risk of carbon leakage are the transitional free allocation of EU ETS allowances and financial measures to compensate for indirect emission costs incurred from GHG emission costs passed on in electricity prices respectively laid down in Articles 10a(6) and 10b of Directive 2003/87/EC. However, free allocatExisting carbon leakage measures are based on strict benchmarks established by the best- performing installations. These measures also represents an incentive to reduce emissions under the EU ETS weakens the price signal that the system provideshile also providing a carbon price signal for emissions above the benchmark level; they have proven so foar the installations receiving it compared to full auctioning and thus affects the incentives for investment into further abatement of emissionso be effective in reducing the risk of carbon leakage, although in the context of lower carbon prices than those experienced recently and those forecasted by 2030.
Amendment 96 #
2021/0214(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The CBAM seeks to replacestrengthen carbon leakage protection in view of higher EU climate ambitions by 2030 and thereafter replace progressively these existing mechanisms by addressing the risk of carbon leakage in a different way, namely by ensuring equivalent carbon pricing for imports and domestic products. To ensure a gradual transition from the current system of free allowances to the CBAM, the CBAM should be progressively phased in while free allowances in sectors covered by the CBAM are phased out and by ensuring that EU products exported in the global market are not replaced by more carbon intensive products, which would undermine the objective of reducing global emissions. To ensure a gradual transition from the current system of free allowances to the CBAM, free allowances should only be phased out once the CBAM regulation has proven its effectiveness in terms of protection from the risk of carbon leakage both for imports and exports, not before 2030 and only following a three years test phase running from 2026 to 2028 during which the effectiveness of the mesure will be throughly assessed by the Commission. The combined and transitional application of EU ETS allowances allocated free of charge and of the CBAM should in no case result in more favourable treatment for Union goods compared to goods imported into the customs territory of the Union.
Amendment 116 #
2021/0214(COD)
Proposal for a regulation
Recital 12 b (new)
Recital 12 b (new)
(12 b) This Regulation does not apply to goods exported from the EU and therefore does not address carbon leakage associated with exports. Consequently, the Commission should monitor and evaluate the mechanism’s impact on export markets and, if the assessment of the effectiveness of the CBAM in tackling carbon leakage on the EU market is positive, after the three year test period, the Commission shall present a report to the European Parliament and Council accompanied with a legislative proposal to address the carbon leakage risk on export markets while starting the free allocation phase out as set out in the ETS directive.
Amendment 127 #
2021/0214(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The CBAM seeks to replacemitigate the risk of carbon leakage in order to achieve the EU climate ambitions by 2030 and thereafter. Therefore, the CBAM seeks to replace progressively these existing mechanisms by addressing the risk of carbon leakage in a different way, namely by ensuring equivalent carbon pricing for imports and domestic products. To ensure a gradual transition from the current system of free allowances to the CBAM, the CBAM should be progressively phased in while free allowances in sectors covered by the CBAM are phased out as of 2030 after a test phase and an assessment by the Commission has demonstrated the effectiveness of the CBAM regulation in terms of protection from the risk of carbon leakage both for imports and exports. The combined and transitional application of EU ETS allowances allocated free of charge and of the CBAM should in no case result in more favourable treatment for Union goods compared to goods imported into the customs territory of the Union.
Amendment 149 #
2021/0214(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) In order to preserve its effectiveness as a carbon leakage measure, the CBAM needs to reflect closely the EU ETS price, especially since the EU-ETS price already largely exceeded the figures used for the impact assessment related to the CBAM legislative proposal. While on the EU ETS market the price of allowances is determined through auctions, the price of CBAM certificates should reasonably reflect the price of such auctions through averages calculated on a weekly basis. Such weekly average prices reflect closely the price fluctuations of the EU ETS and allow a reasonable margin for importers to take advantage of the price changes of the EU ETS while at the same ensuring that the system remains manageable for the administrative authorities.
Amendment 156 #
2021/0214(COD)
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23 a) Given the unique nature of the CBAM and the need forclose EU coordination, a CBAM authority at the EU level should be established to properly implement and monitor the provisions contained in this regulation.
Amendment 157 #
2021/0214(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) In terms of sanctions, Member Statesthe EU Central Authority should apply penalties to infringements of this Regulation and ensure that they are implemented. The amount of those penalties should be identical to penalties currently applied within the Union in case of infringement of EU ETS according to Article 16(3) and (4) of Directive 2003/87/EC. However, in case of circumvention or absorption practices or in case of repeated infringements of the provisions of the present Regulation, stronger penalties should apply to avoid undermining the effectiveness of the CBAM regime.
Amendment 178 #
2021/0214(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) In order to preserve its effectiveness as a carbon leakage measure, the CBAM needs to reflect closely the EU ETS price, especially since the EU-ETS prices already largely exceed the figures used for the impact assessment related to the CBAM legislative proposal. While on the EU ETS market the price of allowances is determined through auctions, the price of CBAM certificates should reasonably reflect the price of such auctions through averages calculated on a weekly basis. Such weekly average prices reflect closely the price fluctuations of the EU ETS and allow a reasonable margin for importers to take advantage of the price changes of the EU ETS while at the same ensuring that the system remains manageable for the administrative authorities.
Amendment 186 #
2021/0214(COD)
Proposal for a regulation
Recital 38 a (new)
Recital 38 a (new)
(38 a) The Commission shall ensure that any additional administrative burden and financial costs related to the declaration and reporting obligations, under this Regulation, can be compensated in order to avoid potential trade barriers and to ensure the WTO compatibility of the mechanism.
Amendment 189 #
2021/0214(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Existing mechanisms to address the risk of carbon leakage in sectors or sub- sectors at risk of carbon leakage are the transitional free allocation of EU ETS allowances and financial measures to compensate for indirect emission costs incurred from GHG emission costs passed on in electricity prices respectively laid down in Articles 10a(6) and 10b of Directive 2003/87/EC. However, free allocation under the EU ETS weakens the price signal that the system provides for the installations receiving it compared to full auctioniremain necessary in the light of the high energy prices and as long ands thus affects the incentives for investment into further abatement of emissionsird countries do not have a cap and trade system similar to the EU ETS.
Amendment 199 #
2021/0214(COD)
Proposal for a regulation
Recital 38 a (new)
Recital 38 a (new)
(38a) The Commission should ensure that any additional administrative burden and financial costs related to the declaration and reporting obligations under this Regulation, can be compensated by in order to avoid potential trade barriers and to ensure the WTO compatibility of the mechanism.
Amendment 202 #
2021/0214(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) The Commission should evaluate the application of this Regulation before the end of the transitional period and report to the European Parliament and the Council. The report of the Commission should in particular focus on possibilities to enhance climate actions towards the objective of a climate neutral Union by 2050. The Commission should, as part of that evaluation, initiate collection of information necessary to prevent distortion of competition in the EU and in global markets and possibly extend the scope to indirect emissions, as well as to other goods and services at risk of carbon leakage, and to develop methods of calculating embedded emissions based on the environmental footprint methods47 . With regard to indirect emissions, the evaluation shall take into account the exposure of EU producers to carbon costs passed on in electricity prices due to the functioning of the EU energy market. _________________ 47 Commission Recommendation 2013/179/EU of 9 April 2013 on the use of common methods to measure and communicate the life cycle environmental performance of products and organisations (OJ L 124, 4.5.2013, p. 1).
Amendment 205 #
2021/0214(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The CBAM seeks to replacemitigate the risk of carbon leakage in order to achieve the Union climate ambitions by 2030 and thereafter. Therefore, the CBAM seeks to replace progressively these existing mechanisms by addressing the risk of carbon leakage in a different way, namely by ensuring equivalent carbon pricing for imports and domestic products. To ensure a gradual transition from the current system of free allowances to the CBAM, the CBAM should be progressively phased in while free allowances in sectors covered by the CBAM are phased outgradually phased out as of 2030, after a test phase and an assessment by the Commission has demonstrated the effectiveness of this Regulation in terms of protection from the risk of carbon leakage both for imports and exports. The combined and transitional application of EU ETS allowances allocated free of charge and of the CBAM should in no case result in more favourable treatment for Union goods compared to goods imported into the customs territory of the Union.
Amendment 216 #
2021/0214(COD)
Proposal for a regulation
Recital 54
Recital 54
(54) The Commission should strive to engage in an even handed manner and in line with the international obligations of the EU, with the third countries whose trade to the EU is affected by this Regulation, to explore possibilities for dialogue and cooperation with regard to the implementation of specific elements of the Mechanism set out this Regulation and related implementing acts. It should also explore possibilities for concluding agreements to take into account their carbon pricing mechanism, provided that they deliver equivalent GHG emissions reductions and carbon costs constraints.
Amendment 230 #
2021/0214(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) Urges the Commission also to watch closely the risk of carbon leakage in sectors covered by the EU-ETS but not covered by CBAM.
Amendment 232 #
2021/0214(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes a carbon border adjustment mechanism (the ‘CBAM’) for addressing greenhouse gas emissions embedded in the goods referred to in Annex I, upon their importation into the customs territory of the Union, in order to prevent the risk of carbon leakage from the EU and contribute to the reduction of global carbon emissions.
Amendment 235 #
2021/0214(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. The mechanism willshould progressively become an alternative to the mechanisms established under Directive 2003/87/EC to prevent the risk of carbon leakage, notably the allocation of allowances free of charge in accordance with Article 10a of that Directive, if it has been proven to be effective in preventing carbon leakage both for imports into and exports from the Union’s custom territory, and without prejudice to maintaining EU ETS allowances free of charge at benchmark level until a test period with actual surrendering obligation by declarants running until 2030 has proven such effectiveness.
Amendment 237 #
2021/0214(COD)
Proposal for a regulation
Recital 55 a (new)
Recital 55 a (new)
(55a) The revenues from the CBAM should be paid into the European Union’s general budget. These new resources should contribute exclusively to supporting the decarbonisation of the European economy while ensuring a fair transition.
Amendment 252 #
2021/0214(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. The mechanism willshould progressively become an alternative to the mechanisms established under Directive 2003/87/EC to prevent the risk of carbon leakage, notably the allocation of allowances free of charge in accordance with Article 10a of that Directive, if it has demonstrated its effectiveness in preventing the risk of carbon leakage both for imports and exports from the Union. This should happen without prejudice to maintaining EU ETS allowances free of charge at benchmark level until a test period with actual surrendering obligation by declarants running until 2030 has proven such effectiveness.
Amendment 262 #
2021/0214(COD)
Proposal for a regulation
Article 2 – paragraph 12
Article 2 – paragraph 12
12. The Union, may conclude agreements with third countries with a view to take account of carbon pricing mechanisms in these countries in the application of Article 9. These agreements shall not lead to undue preferential treatment of imports from third countries as regards the CBAM certificates to be surrendered and they must not take into account any carbon pricing mechanisms that are considered to be circumvention practices under Article 27.
Amendment 281 #
2021/0214(COD)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1 (new)
Article 4 – paragraph 1 – subparagraph 1 (new)
In order to guarantee the non- discrimination of goods produced outside the Union and WTO compatibility, any financial barrier other than the carbon price shall be covered by the revenues generated by the carbon border adjustment mechanism.
Amendment 298 #
2021/0214(COD)
Proposal for a regulation
Article 8 – paragraph 3 – introductory part
Article 8 – paragraph 3 – introductory part
3. The Commission is empowered to adopt implementing acts concerning the principles of verification referred to in paragraph 1 as regards the possibility to waive the obligation for the verifier to visit the installation where relevant goods are produced and the obligation to set thresholds for deciding whether misstatements or non-conformities are material and concerning the supporting documentation needed for the verification report. Provisions laid down in such implementing acts shall be equivalent to the provisions set in Regulation 2018/2067.
Amendment 304 #
2021/0214(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The authorised declarant shall keep records of the documentation, certified by an independent person, verifier accredited pursuant to art. 18 and in line with the competences established in art. 8(1) concerning the verification of embedded emissions. The accredited verifier is required to demonstrate that the declared embedded emissions were subject to a carbon price in the country of origin of the goods and keep evidence of the proof of the actual payment for that carbon price which should not have been subject to an export rebate or any other form of compensation on exportation.
Amendment 313 #
2021/0214(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The Commission shall, upon request by a register the information on operators of an installations located in a third country, register the information on that operator and on itsies and on those installations in a central database referred to in Article 14(4).
Amendment 317 #
2021/0214(COD)
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. The records referred to in paragraph 5, point (c), shall be sufficiently detailed to enable the verification in accordance with paragraph 5, point (b), and to enable any competent authority to verify and to review, in accordance with Article 19(1), the CBAM declaration made by an authorised declarant to whom the relevant information was disclosed in accordance with paragraph 8.
Amendment 322 #
2021/0214(COD)
Proposal for a regulation
Article 10 – paragraph 8
Article 10 – paragraph 8
8. The operator may, at any timefter 5 years and with previous notification, ask to be deregistered from the database.
Amendment 325 #
Amendment 327 #
2021/0214(COD)
Proposal for a regulation
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
1. A central CBAM authority at the EU level is established for the purpose of implementing and managing this Regulation.Its composition and tasks shall be established by way of separate Regulation. Each Member State shall designate the national competent authority to carry out the obligations and cooperate with the EU CBAM authority under this Regulation and inform the CommissionEU CBAM authority thereof.
Amendment 327 #
2021/0214(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) In order to preserve its effectiveness as a carbon leakage measure, the CBAM needs to reflect closely the EU ETS price, especially since the EU-ETS prices already largely exceed the figures used for the impact assessment related to the CBAM legislative proposal. While on the EU ETS market the price of allowances is determined through auctions, the price of CBAM certificates should reasonably reflect the price of such auctions through averages calculated on a weekly basis. Such weekly average prices reflect closely the price fluctuations of the EU ETS and allow a reasonable margin for importers to take advantage of the price changes of the EU ETS while at the same ensuring that the system remains manageable for the administrative authorities.
Amendment 337 #
Amendment 339 #
2021/0214(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
The CommissionEU CBAM authority shall be assisted by the competent national authorities in carrying out their obligations under this Regulation and coordinate their activities.
Amendment 342 #
2021/0214(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
All information acquired by the central and national competent authorityies in the course of performing itstheir dutyies which is by its nature confidential or which is provided on a confidential basis shall be covered by an obligation of professional secrecy. Such information shall not be disclosed by the competent authority without the express permission of the person or authority that provided it. It may be shared with customs authorities, the Commission and the European Public Prosecutors Office and shall be treated in accordance with Council Regulation (EC) No 515/97.
Amendment 349 #
2021/0214(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The information in the database referred to in paragraph 2 shall be confidentialmade available to the public, unless it is proven that it is business confidential according to the relevant EU legislation. Non- confidential summaries must be included with confidential information. Information equivalent to the one made publicly available for EU producers under the EU ETS central database shall be made public.
Amendment 351 #
2021/0214(COD)
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. The CommissionEU CBAM authority shall establish a central database accessible to the public containing the names, addresses and contact details of the operators and the location of installations in third countries in accordance with Article 10(2). An operator may choose not to have its name, address and contact details accessible to the public.The central database should insofar as possible, mirror the ETS database
Amendment 352 #
2021/0214(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The CommissionEU CBAM authority shall act as central administrator to maintain an independent transaction log recording the purchase of CBAM certificates, their holding, surrender, re-purchase and cancellation and ensure coordination of national registries.
Amendment 355 #
2021/0214(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. If irregularities are identified as a result of the controls carried out under paragraph 2, the Commission shall inform the Member State or Member States concerned for further investigation in order to correct the identified irregularities. Identified irregularities shall be corrected as soon as possible from their identification and, where appropriate, penalties pursuant to article 27 shall apply.
Amendment 358 #
2021/0214(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The national competent authority shall assign to each authorised declarant a unique CBAM account number which will be registered with the EU CBAM Authority.
Amendment 376 #
2021/0214(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 378 #
2021/0214(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
Amendment 380 #
2021/0214(COD)
1. The competententral and national authorityies may review the CBAM declaration within the period ending with the fourth year after the year in which the declaration should have been submitted. The review may consist in verifying the information provided in the CBAM declaration on the basis of the information communicated by the customs authorities in accordance with Article 25(2) and any other relevant evidence, and on the basis of any audit deemed necessary, including at the premises of the authorised declarant.
Amendment 387 #
2021/0214(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. Where a CBAM declaration in accordance with Article 6 has not been submitted, the competent authority of the Member State of establishment of the authorised declarant shall assess the CBAM obligations of that declarant on the basis of the information at its disposal and calculate the total number of CBAM certificates due at the latest by the 31 December of the fourth year following that when the CBAM declaration should have been submitted.
Amendment 408 #
2021/0214(COD)
Proposal for a regulation
Article 26 – paragraph 4 a (new)
Article 26 – paragraph 4 a (new)
4 a. In case of repeated failure to surrender a number of CBAM certificates corresponding to the emissions embedded in goods imported during the previous year, or in case of submission of false information in the CBAM declaration, an authorized declarant, and any of its related parties, maybe automatically excluded from the register for a given period from the date of exclusion. The respective verifier – and any of its related parties - who has certified the accuracy of the information in the CBAM declaration should have its certification withdrawn by the central CBAM authority.
Amendment 408 #
2021/0214(COD)
Proposal for a regulation
Recital 38 a (new)
Recital 38 a (new)
(38a) The Commission should ensure that any additional administrative burden and financial costs related to the declaration and reporting obligations under this Regulation, can be compensated, in order to avoid potential trade barriers and to ensure the WTO compatibility of the mechanism.
Amendment 412 #
2021/0214(COD)
Proposal for a regulation
Article 26 – paragraph 5
Article 26 – paragraph 5
5. Member StatesThe central CBAM authority may apply administrative or criminal sanctions for failure to comply with the CBAM legislation in accordance with their national rules in addition to penalties referred to in paragraphs 2 and 4a. Such sanctions shall be effective, proportionate and dissuasive.
Amendment 417 #
2021/0214(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Practices of circumvention include situations where a change in the pattern of trade in relation to goods included in the scope of this Regulation whether slightly modified or not, stems from a practice, process or work, has insufficient due cause or economic justification other than avoiding obligations as laid down in this Regulation and consist in replacing those goods with slightly modified products, which are not included in the list of goods in Annex I but belong to a sector included in the scope of this Regulation.
Amendment 419 #
2021/0214(COD)
2 a. The practice, process or work referred to in the first subparagraph include, inter alia: (a) the slight modification of the product concerned to make it fall under customs codes which are normally not subject to the obligations of this Regulation, provided that the modification does not alter its essential characteristics; (b) false declarations as to the identity of the producer of the product concerned or of the nature of the product concerned or the production process involved in making it; (c) the consignement of the product concerned via third countries to which no or more favourable obligations apply; (d) the reorganisation by exporters or producers of their patterns and channels of sales in order to eventually avoid obligations as laid down in this Regulation,or undermine their effects, including on overall GHG emissions and on prices of the like products, for instance via practices of resource shuffling;For thepurpose of this point, resource shuffling shall be defined as any practice, process or work that have insufficient due cause or economic justification other than avoiding obligations as laid down in this Regulation, or undermining their effects, without delivering environmental benefits on global GHGemissions; (e) any other measure to eventually avoid or evade obligations as laid down in this Regulation, or undermine their effects, including onoverall GHG;
Amendment 440 #
2021/0214(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) A transitional period should apply during the period 2023 untilfrom 1 January 2023 until 31 December 2025. A CBAM without financial adjustment should apply, with the objective to facilitate a smooth roll out of the mechanism hence reducing the risk of disruptive impacts on trade. Declarants should have to report on a quarterly basis the actual embedded emissions in goods imported during the transitional period, detailing direct and indirect emissions as well as any carbon price paid abroad.
Amendment 446 #
2021/0214(COD)
Proposal for a regulation
Article 27 – paragraph 5 b (new)
Article 27 – paragraph 5 b (new)
5 b. The Commission shall always investigate possible circumvention when notified by a Member State or an interested party. Initiations shall be made by means of a Commission regulation which shall also instruct customs authorities of Member States to subject imports to registration. The Commission shall provide information to the Member States once a party or a Member State has submitted a request to initiate an investigation and the Commission has completed its analysis thereof, or where the Commission has itself determined that there is a need to initiate an investigation.
Amendment 449 #
2021/0214(COD)
Proposal for a regulation
Article 27 – paragraph 5 c (new)
Article 27 – paragraph 5 c (new)
5 c. Investigations shall be carried out by the Commission. The Commission may be assisted by customs authorities and the investigation shall be concluded in due time.
Amendment 451 #
2021/0214(COD)
Proposal for a regulation
Article 27 – paragraph 5 d (new)
Article 27 – paragraph 5 d (new)
5 d. The Commission Decision finding circumvention shall impose a penalty pursuant to article 26 on an Authorised Declarant involved in the circumvention and, if appropriate, the operator of the installation located in the third country that is linked to the Authorised Declarant. Where appropriate, the penalty shall also entail the withdrawal of import authorisation and be extended to the operator.
Amendment 453 #
2021/0214(COD)
Proposal for a regulation
Article 27 a (new)
Article 27 a (new)
Article 27 a Absorption 1. If any party submits sufficient evidence that, following the entry into force of this Regulation, an Authorised Declarant has been absorbing the cost of the CBAM Certificates, resulting in no or insufficient movement in the resale prices or subsequent selling prices of the imported product in the Union, and that such a situation has insufficient due cause or economic justification other than undermining the effects of the obligations as laid down in this Regulation, the Commission shall open an investigation. Once a party has presented sufficient evidence justifying the opening of an inquiry and the Commission hasfinished its study, the Commission will inform the Member States. 2. The investigation may also be opened, under the conditions set out in the first subparagraph, on the initiative of the Commission or at the request of a Member State. 3. During an investigation pursuant to this Article, any interested party shall be provided with an opportunity to clarify the situation with regard to resale prices and subsequent selling prices. 4. Investigations shall be carried out by the Commission. The Commission may be assisted by customs authorities and the investigation shall be concluded within in due time. 5. If it is concluded that the obligations as laid down in this Regulation should have led to movements in such prices, the Commission shall take appropriate measures to re-establish the effectiveness of the obligations as set out in this Regulation. Such measures imposed pursuant to this Article shall not exceed the amount of the penalties as set out in Article 26.
Amendment 455 #
2021/0214(COD)
Proposal for a regulation
Recital 51
Recital 51
(51) To facilitate and ensure a proper functioning of the CBAM, the Commission should provide support and feedback to the competent authorities responsible for the application of this Regulation in carrying out their obligations.
Amendment 473 #
2021/0214(COD)
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. Before the end of the transitional period, the Commission shall present a report to the European Parliament and the Council on the application of this Regulation. The report shall contain, in particular, an in-depthe assessment ofdeveloped in cooperation with the sectors at risk of carbon leakage covered by this regulation of the rules to be applied in the testing period established pursuant art. 30bis and the possibilities to further extend the scope of embedded emissions to indirect emissions and to other goods at risk of carbon leakage than those already covered by this Regulation, as well as an assessment of the governance system as well as an assessment of the impact on competitiveness of the EU downstream industry. It shall also contain the assessment of the possibility to further extend the scope to embedded emissions of transportation services as well as to goods further down the value chain and services that may be subject to the risk of carbon leakage in the future. Such an extension should be considered only if a clear calculation methodology has been established by the Commission and once the mechanism has proven fully effective in terms of achieving its objective of carbon leakage protection.
Amendment 494 #
2021/0214(COD)
Proposal for a regulation
Article 30 a (new)
Article 30 a (new)
Article 30 a Before phasing out free allocation to sectors at risk of carbon leakage covered by this rule, the Commission will monitor and assess the mechanism's efficacy in terms of the risk of carbon leakage. To this purpose, the Commission shall publish a report to the European Parliament and the Council, following consultation with the sectors subject by this Regulation,evaluating: a. the first three years (2026-2028) of thesurrendering obligation pursuant to article 22; b. the risk of carbon leakage on export markets. If the assessment is positive, the report shall be accompanied by a legislativeproposal to phase out free allocation to sectors subject to this regulation and to adopt a solution to mitigate the risk of carbon leakage on the export market.
Amendment 515 #
2021/0214(COD)
Proposal for a regulation
Recital 55 a (new)
Recital 55 a (new)
(55a) Revenues generated by the CBAM should be used according to the interinstitutional agreement to cover the repayment of the European Union Recovery Instrument established under Council Regulation (EU) 2020/2094 1a; __________________ 1a Council Regulation (EU) 2020/2094 of 14 December 2020 establishing a European Union Recovery Instrument to support the recovery in the aftermath of the COVID-19 crisis
Amendment 531 #
2021/0214(COD)
Proposal for a regulation
Article 31 – paragraph 1 – point 1 (new)
Article 31 – paragraph 1 – point 1 (new)
(1) The Commission shall present a report to the European Parliament and the Council in which it evaluates the mechanism’s effectiveness with regard to the risk of carbon leakage before phasing out free allocation to sectors at risk of carbon leakage covered by this regulation.
Amendment 542 #
2021/0214(COD)
Proposal for a regulation
Annex III – point 3 – paragraph 2 – introductory part
Annex III – point 3 – paragraph 2 – introductory part
Where AttrEmg are the attributed emissions of goods g, and ALg the activity level of the goods, the latter being the amount of goods produced in the reporting period in that installation, and EEInpMat are the embedded emissions of the input materials (precursors) consumed in the production process. Only input materials listed as relevant to the system boundaries of the production process as specified in the implementing act adopted pursuant to Article 7(6) are to be considered. The implementing act pursuant to Article 7 (6) shall include all input materials that contribute significantly to GHG emissions. In the case of stainless steel (CN codes 7218-7223), ferro-alloys shall be included in the list of input materials as they fulfil this criterion. The relevant EEInpMat are calculated as follows:
Amendment 547 #
2021/0214(COD)
Proposal for a regulation
Annex III – point 6
Annex III – point 6
Amendment 547 #
2021/0214(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. The mechanism willshould progressively, after its effectiveness is proven in practice, become an alternative to the mechanisms established under Directive 2003/87/EC to prevent the risk of carbon leakage, notably the allocation of allowances free of charge in accordance with Article 10a of that Directive, if it has demonstrated its effectiveness in preventing the risk of carbon leakage both for imports and exports from the Union. This should happen without prejudice to maintaining EU ETS allowances free of charge at benchmark level until a test period with actual surrendering obligation by declarants running until 2030 has proven such effectiveness.
Amendment 644 #
2021/0214(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 11
Article 3 – paragraph 1 – point 11
(11) ‘competent authority’ means the executing authority, designated by each Member State in accordance with Article 11 of this Regulation;
Amendment 677 #
2021/0214(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
Goods shall only be imported into the customs territory of the Union by a declarant that is authorised by the competent authority, designated by the concerned Member State, in accordance with Article 17 (‘authorised declarant’).
Amendment 963 #
2021/0214(COD)
Proposal for a regulation
Article 24 a (new)
Article 24 a (new)
Article 24a Revenues generated by CBAM shall be used according to the interinstitutional agreement between the European Parliament, the Council of the European Union and the European Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management, as well as on new own resources, including a roadmap towards the introduction of new own resources of the 16th of December 2020 and in line with Council Regulation (EU) 2020/2094.
Amendment 1198 #
2021/0214(COD)
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 1 a (new)
Article 31 – paragraph 1 – subparagraph 1 a (new)
The Commission shall present a report to the European Parliament and the Council in which it evaluates the mechanism’s effectiveness with regard to the risk of carbon leakage before phasing out free allocation to sectors at risk of carbon leakage covered by this regulation.
Amendment 89 #
2021/0206(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The Commission Communication The European Green Deal29 sets out a new growth strategy that aims to transform the Union into a sustainable, fairer and more prosperous society, with a modern, resource-efficient and competitive economy, where there are no net emissions of greenhouse gases in 2050 and where economic growth is decoupled from resource use. The Commission proposes also to protect, conserve and enhance the Union's natural capital, and protect the health and well-being of citizens from environment-related risks and impacts. Finally, the Commission considers that this transition should be just and inclusive, leaving no one behind. _________________ Sustained efforts shall be provided in order to mitigate the possible negative effects of the current legislation on affected households, businesses and Member States. The overall ambitiousness of the EU climate engagement for the next decades demands univocal transparency in the efforts to lessen the burden on affected Europeans and businesses and a just transition is decisive for providing positive public perception and support for the successful implementation of the European Green Deal.1a _________________ 1a More than half of the respondents to the public consultation on updating the EU emissions and trading system judged that the increased transparency regarding benchmark values and process via mandatory publication of underlying data by industry (38% “very important”, 17% ”important”) as the most relevant aspect in relation to the benchmark based allocation. Cf. “Summary report on the public consultation on updating the EU emission trading system (ETS)” https://ec.europa.eu/info/law/better- regulation/have-your- say/initiatives/12660-Climate-change- updating-the-EU-emissions-trading- system-ETS-/public-consultation_en (p.4). 29 COM(2019)640 final.
Amendment 104 #
2021/0206(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Those amendments have differing economic and social impacts on the different sectors of the economy, on the citizens, and the Member States. In particular, the inclusion of greenhouse gas emissions from buildings and road transport into the scope of Directive 2003/87/EC of the European Parliament and the Council31 should provide an additional economic incentive to invest into the reduction of fossil fuel consumption and thereby accelerate the reduction of greenhouse gas emissions. Combined with other measures, this should, in the medium to long term, reduce the costs for buildings and road transport, and provide new opportunities for job creation and investment. These measures, in the short to medium term, might increase inequalities between Member States, regions and citizens, and severely affect low- and low to middle-income households and SMEs in countries and regions witless developed economy, lower levels of energy efficiency and lower market shares of green technology solutions. Therefore, any extension of the ETS should be gradual and covered by pre-emptive investment support. _________________ 31 Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a system for greenhouse gas emission allowance trading within the Union (OJ L 275, 25.10.2003, p. 32).
Amendment 116 #
2021/0206(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) However, rResources are needed to finance those investments. In addition, before they have taken plaSince, the cost supported by households and transport users for heating, cooling and cooking, as well as for road transport, is likely to increase as fuel suppliers subject to the obligations under the emission trading for buildings and road transport pass on costs on carbon to the consumerlready vulnerable households and businesses will be unable to bear the cost of the investment and will need adequate protection and assistance in order to become part of the reduction of fossil fuel consumption and greenhouse gas emissions.
Amendment 129 #
2021/0206(COD)
(10) The increase in the price for fossil fuels maywill disproportionally affect vulnerable households, vulnerable micro- enterprises, SMEs and vulnerable transport users who spend a larger psharte of their incomes on energy and transport as well as energy- and transport – price sensitive commodities, such as food, who, in certain regions, do not have access to alternative, affordable mobility and transport solutions and who may lack the financial capacity to invest into the reduction of fossil fuel consumption.
Amendment 135 #
2021/0206(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) Furthermore, a rapid increase in energy and transport prices without preventive and pre-emptive investment, might lead to increase of the number of households in energy poverty and effective downward transition from middle-income to low-income status, as well as bankruptcy of SMEs. Such a development should be considered a major risk to the EU climate related policies, especially in the light of the intensive hybrid and disinformation campaigns targeting the European efforts for decarbonisation.
Amendment 142 #
2021/0206(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Therefore, a part of the revenues generated by carbon pricing should be used to pre-emptively address the social impacts from the initial phase of the new EU climate policies, and revenues generated by the inclusion of building and road transport into the scope of Directive 2003/87/EC should be used to address the social impacts arising from that inclusion, for thecompensate for those preventive investments and complement them, when necessary, assuring the ecological transition to be just and inclusive, leaving no one behind.
Amendment 153 #
2021/0206(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) This is even more relevant in view of the existing levels of energy poverty. Energy poverty is a situation in which households are unable to access essential energy services such as cooling, as temperatures rise, and heating. About 34 million Europeans reported an inability to keep their homes adequately warm in 2018, and 6.9% of the Union population have said that they cannot afford to heat their home sufficiently in a 2019 EU-wide survey32 . Overall, the Energy Poverty Observatory estimates that more than 50 million households in the European Union experience energy poverty. Energy poverty is therefore a major challenge for the Union. While social tariffs or direct income support can provide immediate relief to households facing energy poverty, only targeted structural measures, in particular energy renovations, can provide lasting solutions. Therefore, a Union-level definition of energy-poverty, based on household budget statistics from all Member States, should be established to effectively address energy poverty and measure and monitor progress or deterioration across Member States. Additionally, such an approach will provide for full transparency of the efforts for a just transition. _________________ 32 Data from 2018. Eurostat, SILC [ilc_mdes01]).
Amendment 162 #
2021/0206(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) Transport poverty has been underexposed and no clear definitions are available at Union or national level. However, the problem is becoming more pressing to address as a result of the increasing phase-out requirements for combustion engine vehicles, high fuel prices, or high dependencies on transport availability, accessibility and costs to go to work or for daily mobility needs due to living in rural, insular, mountainous, remote and less accessible areas or for less developed regions or territories, including less developed peri-urban areas. Therefore, a Union-level definition of energy-poverty, based on household budget statistics from all Member States, should be established to effectively address energy poverty and measure and monitor progress or deterioration across Member States. Additionally, such an approach will provide for full transparency of the efforts for a just transition.
Amendment 167 #
2021/0206(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) A Social Climate Fund (‘the Fund’) should therefore be established to provide funds to the Member States to support their policies to address the social impacts of the emissions trading for buildings and road transportnew EU climate policies on vulnerable households, SMEs, vulnerable micro-enterprises and vulnerable transport users, as well as the impact of rising energy prices and energy sensitive prices on various commodities and especially on food prices. This should be achieved notably through temporary income support and measures andpre-emptive investments intended to reduce reliance on fossil fuels through increased energy efficiency of buildings, decarbonisation of heating and cooling of buildings, including the integration of energy from renewable sources, and granting improved access to more energy efficient mobility and transport, preferably zero- and low- emission mobility and transport, but as a temporary solution also any more efficient solution, to the benefit of vulnerable households, vulnerable micro-enterprises and vulnerable transport users . Temporary direct income support should also be included as a measure of last resort, only in cases where investment support is ineffective or impossible.
Amendment 203 #
2021/0206(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) For that purpose, each Member State should submit to the Commission a Social Climate Plan (‘the Plan’). Those Plans should pursue two objectives. Firstly, they should provide vulnerable households, vulnerable micro-enterprises and vulnerable transport users the necessary resources to finance and carry out investments in energy efficiency, decarbonisation of heating and cooling, in zero- and low-emission vehicles and mobility. Secondly, they should mitigate the impact of the increase in the cost of fossil fuels on the most vulnerable and thereby prevent energy and transport poverty during the transition period until such investments have been implemented. The Plans should have an investment component promoting the long-term solution of reduce fossil fuels reliance and could envisage other measures, including temporary direct income support to mitigate adverse income effects in the shorter termas a measure of last resort.
Amendment 219 #
2021/0206(COD)
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) Particular attention should be also paid to the situation of owners of houses and apartments, living in energy poverty and those in risk to fall into energy poverty as a result of increasing prices, especially elderly owners in rural areas and owners in big residential buildings in poor condition. Vulnerable property owners should receive investment support well before their energy costs are effectively increased and thus shall be provided with enough time to adapt.
Amendment 244 #
2021/0206(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Ensuring that the measures and investments are particularly targeted towards energy poor or vulnerable households and households in risk of energy poverty, vulnerable micro- enterprises and SMEs, especially those in risk of bankruptcy, and vulnerable transport users is key for a just transition towards climate neutrality. Support measures to promote reductions in greenhouse gas emissions should help Member States to address the social impacts arising from the emissions trading for the sectors of buildings and road transport.
Amendment 255 #
2021/0206(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Pending the impact of those investments on reducing costs and emissions, well targeted direct income support for the most vulnerable would help the just transition. Such support should be understood to be a temporary measureonly a measure of last resort, accompanying the decarbonisation of the housing and transport sectors. It would not be permanent as it does not address the root causes of energy and transport poverty. Such support should only concern direct impacts of the inclusion of building and road transport into the scope of Directive 2003/87/EC, not electricity or heating costs related toaddress disproportionately affected households suffering from energy poverty, vulnerable households spending larger parts of their inclusion of power and heat production in the scope of that Directive. Eligibility for such direct income support should be limited in timeome on food, energy and transport, low-income families living in the worst performing buildings and/or in rural areas. Such direct income support should be limited to a maximum of 10% of the expenditure of the Plans.
Amendment 392 #
2021/0206(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
The measures and investments supported by the Fund shall benefit households, micro-enterprises, SMEs and transport users, which are vulnerable and particularly affected by the inclusion of greenhouse gas emissions from buildings and road transport into the scope of Directive 2003/87/EC, especially households in energy poverty and citizens without public transportnew EU climate policies and increased levels of carbon pricing, especially households in energy poverty and citizens in transport poverty, especially those with no accessible and/or affordable alternative to individual internal combustion cars (in remote and rural areas), in Member States with low share of electric vehicles and/or unaffordable prices of such vehicles, compared to the median national income.
Amendment 407 #
2021/0206(COD)
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
The general objective of the Fund is to contribute to the transition towards climate neutrality by addressing the social impacts of the inclusion of greenhouse gas emissions from buildings and road transport into the scope of Directive 2003/87/ECreased EU climate ambitions, embedded in the new climate policies and the increased carbon pricing. The specific objective of the Fund is to support vulnerable households, vulnerable SMEs and micro-enterprises and vulnerable transport users through temporary direct income support and through measures and investments intended to increase energy efficiency of buildings, decarbonisation of heating and cooling of buildings, including the integration of energy from renewable sources, and granting improved access to zero- and low-emission mobility and transmore efficient mobility and transport, and - as a measure of last resort - through temporary direct income support.
Amendment 463 #
2021/0206(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 11
Article 2 – paragraph 1 – point 11
(11) ‘“vulnerable households’” means households in energy poverty or households, including lower middle- income ones, that are significantly affected by the price impacts of the inclusion of buildings intocarbon pricing measures taken at Union and national level, respectively, or are at risk of energy poverty and to enable the scope of Directive 2003/87/ECllective achievement of the climate- neutrality objective set out in article 2, paragraph 1 of Regulation (EU) 2021/1119 (“European Climate Law”) and lack the means to renovate the building they occupy;.
Amendment 474 #
2021/0206(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
(12) ‘vulnerable micro-enterprises’ and SMEs means micro-enterprises that are significantly affected by the price impacts of the inclusion of buildings into the scope of Directive 2003/87/EC and lack the means to renovate the building they occupy, by virtue of their main business activities, heavily dependent on energy/fuel prices and energy/fuel constitutes a significant share of their production or service costs and for whom technologies for significant reduction of their energy/fuel consumption is either not accessible on the market or not affordable when taking into account their main indicators of business activity (production, turnover, gross operating surplus);
Amendment 493 #
2021/0206(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
(13) ‘vulnerable transport users’' means transport users, including from lower middle-income households, that are significantly affected by the price impacts of the inclusion of road transport into the scope of Directive 2003/87/EC andnew EU climate policies and increased levels of carbon pricing, and are at risk of transport poverty, lack the means to purchase zero- and low- emission vehicles or to switch to alternative sustainable modes of transport, including public transport, particularly in rural and remote areas and in Member States with low share of electric vehicles and/or unaffordable prices of such vehicles, compared to the median national income in the country.
Amendment 526 #
2021/0206(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The Plan may include national measures providing temporary direct income support to vulnerable households and households that are vulnerable transport users to reduce the impact of the increase in the price of fossil fuels resulting fromcarbon pricing measures taken at Union and national level respectively, providing exhaustive statistical information on the incevolustion of buildings and road transport into the scope of Directive 2003/87/EC.relative and absolute prices of energy, transport and food and their impact on the household budgets by income deciles in order to enable a just path for the achievement of the climate neutrality objective set out in article 2, paragraph 1 of Regulation (EU) 2021/1119;
Amendment 559 #
2021/0206(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point b
Article 3 – paragraph 3 – point b
(b) finance measures and investments to increase the uptake of zero- and low- emission mobility and transport, or – in Member States with low share of electric vehicles and/or unaffordable prices of such vehicles, compared to the median national income support other forms of mobility and personal transport that contribute to the reduction of greenhouse emissions.
Amendment 596 #
2021/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) an estimate of the likely effects of that increase in prices on households, and in particular on incidence of energy poverty, on micro-enterprises and on transport users, comprising in particular an estimate and the identification of vulnerable households, vulnerable micro- enterprises and vulnerable transport users; these impacts are to be analysed with a sufficient level of regional disaggregation, taking into account elements such as access to public transport and basic services, market share of zero and low emission vehicles, and prices of electric vehicles compared to the median income, and identifying the areas mostly affected, particularly territories which are remote and rural;
Amendment 606 #
2021/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
(d) where the Plan provides for measures referred to in Article 3(2), the criteria for the identification of eligible final recipients, the indication of the envisaged time limit for the measures in question and their justification on the basis of a quantitative estimate and a qualitative explanation of how the measures in the Plan are expected to reduce energy and transport poverty and the vulnerability of households, micro-enterprises and transport users to an increase of road transport and heating fuel prices;
Amendment 663 #
2021/0206(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point c
Article 5 – paragraph 2 – point c
(c) zero- and low-emission mobility and transport or – in Member States with low share and/or unaffordable prices of electric vehicles, compared to the median national income, support other forms of mobility and personal transport that contribute to the reduction of greenhouse emissions;
Amendment 705 #
2021/0206(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States may include the costs of measures providing temporary direct income support to vulnerable households and vulnerable households that are transport users to absorb the increase in road transport and heating fuel prices. Such support shall decrease over time and be ldirect income support shall not exceed 10% of the total estimiated to the direct impact of the emission trading for buildings and road transport. Eligibility for such direct income support shall cease within the time limits identified under Article 4(1) point (d)costs of the Plan and shall be combined with conditional investment measures under this Article, except in cases of extreme energy poverty and housing, which is unsuitable for renovation, due to extremely poor conditions of the building or other exceptional circumstances.
Amendment 739 #
2021/0206(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) contribute to the decarbonisation, including the electrification, of heating and cooling of, and cooking in, buildings and the integration of energy from renewable sources, smart internal electricity installations or covering connection costs to smart grids and any other measures, that contribute univocally to the achievements of energy savings;
Amendment 750 #
2021/0206(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) support public and private entities in developing and providing affordable energy efficiency renovation solutions and appropriate funding instruments in line with the social goals of the Fund, including personal, community-based or local smart grid solutions, allowing for energy independence, direct income from renewable energy production and/or reduction in energy costs;
Amendment 764 #
2021/0206(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point d
Article 6 – paragraph 2 – point d
(d) provide access to zero- and low- emission vehicles and bikes, including financial support or fiscal incentives for their purchase as well as for appropriate public and private infrastructure, including for recharging and refuelling; for support concerning low-emission vehicles, a timetable for gradually reducing the support shall be provided; incentivizing access to second hand zero- and low-emission market, or in Member States with low share of electric vehicles and/or unaffordable prices of such vehicles, compared to the median income , support other forms of mobility and personal transport that contribute to the reduction of greenhouse emissions, including financial support or fiscal incentives for their purchase as well as for appropriate public and private infrastructure, including for recharging and refuelling, smart grids, allowing for low- cost or free of charge recharging and energy communities, allowing for peer-to- peer balancing of energy consumption; for support concerning low-emission vehicles, a timetable for gradually reducing the support shall be provided, varying between Member States and regions, depending on market share and affordability of electric vehicles and the relative importance of the second hand market;
Amendment 108 #
2021/0201(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) In Regulation (EU) 2021/1119 of the European Parliament and of the Council30 , the Union has enshrined the target of economy-wide climate neutrality by 2050 in legislation. That Regulation also establishes a binding Union commitment to reduce net greenhouse gas emissions (emissions after deduction of removals) by at least 55 % below 1990 levels by 2030. All sectors of the economy are expected to contribute to achieving that target, including the land use, land use change and forestry sectorwith the highest priority being the reduction of fossil emissions. As regards the land use, land use change and forestry (LULUCF) sector, it can contribute to climate change mitigation in several ways, in particular by reducing emissions, maintaining and enhancing sinks and carbon stocks, replacing fossil fuels with renewable energy from biomass and by harnessing the removal potential of organic materials from sustainable forestry management and their potential as a substitute for fossil fuels, taking into account the entire life cycle of those materials, from production to the processing and manufacturing stages. The bioeconomy, bioenergy, sustained investment in research and innovation are indispensable on the path towards a fossil-free and green economy. The contribution of net removals to the 2030 Union climate target is limited to 225 million tonnes of CO2 equivalent. In the context of Regulation (EU) 2021/1119, the Commission reaffirmed in a corresponding statement its intention to propose a revision of Regulation (EU) 2018/841 of the European Parliament and of the Council31 , in line with the ambition to increase net carbon removals to levels above 300 million tonnes of CO2 equivalent in the land use, land use change and forestry sector by 2030. __________________ 30Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) (OJ L 243, 9.7.2021, p. 1).’. 31 Regulation (EU) 2018/841 of the European Parliament and of the Council of 30 May 2018 on the inclusion of greenhouse gas emissions and removals from land use, land use change and forestry in the 2030 climate and energy framework, and amending Regulation (EU) No 525/2013 and Decision No 529/2013/EU (OJ L 156, 19.6.2018, p. 1).
Amendment 123 #
2021/0201(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) In order to contribute to the increased ambition to reduce greenhouse gas net emissions from at least 40 % to at least 55 % below 1990 levels, binding annual targets for net greenhouse gas removals should be set out for each Member State in the land use, land use change and forestry sector in the period from 2026 to 2030 (in analogy to the annual emission allocations set out in Regulation (EU) 2018/842 of the European Parliament and of the Council32 ), resulting in a target of 310 millions of tonnes CO2 equivalent of net removals for the Union as a whole in 2030equivalent to a 15 % increase in average greenhouse gas emissions and removals from the years 2018, 2019 and 2020 of net removals for the Union as a whole in 2030 and should take into account the most recent developments. The target for 2030 should promote and strengthen sustainable forest management which allows for the adaptation of forests to climate change in the long term, promotion of high substitution effects through the bioeconomy, an increase in sinks and the creation of carbon storage products including all relevant bio-based product categories that have a carbon sequestration effect. The methodology used to establish the national targets for 2030 should take into account the average greenhouse gas emissions and removals from the years 20168, 20179 and 201820, reported by each Member State, and reflect the current mitigation performance of the land use, land use change and forestry sector, and each Member State’s share of the managed land area in the Union, taking into account the capacity of that Member State to improve its performance in the sector via land management practices or changes in land use that benefit the climate and biodiversity. __________________ 32Regulation (EU) 2018/842 of the European Parliament and of the Council of 30 May 2018 on binding annual greenhouse gas emission reductions by Member States from 2021 to 2030 contributing to climate action to meet commitments under the Paris Agreement and amending Regulation (EU) No 525/2013 (OJ L 156, 19.6.2018, p. 26).
Amendment 145 #
2021/0201(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) Deforestation and forest degradation contribute to the global climate crisis as they increase greenhouse gas emissions through associated forest fires, permanently removing carbon sink capacities, decreasing climate change resilience of the affected area and substantially reducing its biodiversity. Halting and reversing deforestation as reaffirmed at the COP26 in Glasgow by the EU leaders is therefore vital in fighting against climate change. The Commission proposal that bans import and export of commodities and products associated with deforestation and forest degradation (COM(2021)0366) will therefore be an important incentive to further strengthen European forest owners in sustainable forest management and the fight against deforestation.
Amendment 148 #
2021/0201(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) The progress towards the 2030 target should be reviewed and, if necessary, adapted in 2025 and 2027.
Amendment 150 #
2021/0201(COD)
Proposal for a regulation
Recital 5 b (new)
Recital 5 b (new)
(5b) Regulation 2018/841 will remain an accounting tool setting the overall ambitions and accounting rules in line with the Union Climate Law and the IPCC principles. Any conditions or measures for achieving the targets in land use and forestry sectors are already set in existing regulations or will be discussed in upcoming proposals, always reflecting the subsidiarity principle.
Amendment 177 #
2021/0201(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) The Commission should review the current system of reporting CO2 and non- CO2 greenhouse gas emissions within one reporting scheme before any new legislative proposal in that area is submitted. That review should reflect the difference between short lifecycle gases, such as methane, and long life cycle gases, such as carbon dioxide that remain in the atmosphere for more than 1000 years. The cyclical nature of biogenic methane emissions also needs to be considered within the reporting framework and how biogenic methane emissions differ from mined fossil methane.
Amendment 191 #
2021/0201(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The land sector has the potential to become rapidlytransition towards climate- neutrality by 2035 in a cost-effective manner, and subsequently generate more greenhouse gas removals than emissions. A collective commitment aiming to achieve climate- neutrality in the land sector in 2035 at EU level can provide the needed planning certainty to drive land- based mitigation action in the short term, considering that it can take many years for such action to deliver the desired mitigation outcomes. Moreover, the land sector is projected to become the largest sector in the EU greenhouse gas flux profile in 2050. It is therefore particularly important to anchor that sector to a trajectory that can effectively deliver net zero greenhouse gas emissions by 2050. By mid-2024, the Member States should submit their updated integrated national energy and climate plans in accordance with Article 14 of Regulation (EU) 2018/1999 of the European Parliament and of the Council34 . The plans should include relevant measures by which each Member State best contributes to the collective target of climate neutrality in the land sector at EU level in 2035. On the basis of these plans, the Commission should propose national targets, ensurassess the aim of climate neutrality in the land sector in 2035 in light of the Union bioeconomy, substitution of fossil fuels, social aspects and the objectives laid down in Article 194 and Article 39 TFEU. If deemed feasible, the Commission should, by the end of 2025, submit a new legislative proposal with national targets aiming towards net zero greenhouse gas emissions in 2035, meaning that the Union-wide greenhouse gas emissions and removals in the land use, land use change and forestry sector and the emissions from the agriculture non-CO2 sectors arshould be at least balanced by 2035. Contributions to achieve that aim should be fairly distributed among sectors and Member States. Contrary to the EU level target of climate neutrality for the land sector by 2035, such national targets will be binding and enforceable on each Member State. __________________ 34Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council (OJ L 328, 21.12.2018, p.1).
Amendment 192 #
2021/0201(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The land sector has the potential to become rapidly climate-move towards carbon neutrality by 2035 in a cost-effective manner,through carbon removals and subsequently generate more greenhouse gas removals than emissions. A collective commitment aiming to achieve climate- neutrality in the land sector in 2035 at EU level can provide the needed planning certainty to drive land- based mitigation action in the short term, considering that it can take many years for such action to deliver the desired mitigation outcomes. Moreover, the land sector is projected to become the largest sector in the EU greenhouse gas flux profile in 2050. It is therefore particularly important to anchor that sector to a trajectory that can effectively deliver net zero greenhouse gas emissions by 2050. By mid-2024, the Member States should submit their updated integrated national energy and climate plans in accordance with Article 14 of Regulation (EU) 2018/1999 of the European Parliament and of the Council34 . The plans should include relevant measures by which each Member State best contributes to the collective target of climate neutrality in the land sector at EU level in 2035. On the basis of these plans, the Commission should propose national targets, ensurassess the aim of climate neutrality in the land sector in 2035 in light of the objectives laid down in Article 39 TFEU, the Union bioeconomy and the substitution of fossil fuels. Nevertheless, the first objective of Union agriculture should remain the production of high-quality and sustainable products. If deemed feasible, the Commission should then make recommendations for national and Union measures aiming towards net zero greenhouse gas emissions in 2035, meaning that the Union-wide greenhouse gas emissions and removals in the land use, land use change and forestry sector and the emissions from the agriculture non-CO2 sectors are at least balanced by 2035. Contrary to the EU lthat year. Contributions to achievel target of climate neutrality for the land sector by 2035, such national targets will be binding and enforceable on eachhat aim should be fairly distributed among sectors and Member States. __________________ 34Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council (OJ L 328, 21.12.2018, p.1).
Amendment 234 #
2021/0201(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
Amendment 254 #
2021/0201(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) Considering that sustainable forest management enhances carbon sequestration and counters forest ageing, forest degradation and natural disasters, which are among the factors contributing to the decreasing carbon removals in the land sector in recent years, this Regulation should encourage sustainable forest management practices which contribute to climate mitigation and adaptation, as outlined in the EU Forest Strategy for 20301a. __________________ 1a Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions - New EU Forest Strategy for 2030 (COM/2021/572final).
Amendment 283 #
2021/0201(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) In view of setting out the net greenhouse gas removals targets for the Member States for the period from 2026 to 2030, the Commission should exercise a comprehensive review to verify the greenhouse gas inventory data for the years 2021, 2022 and 2023. For this purpose, a comprehensive review should be carried out in 2025 to review the target set for 2030 and adapt it, if needed, in addition to the comprehensive reviews that the Commission is to carry out in 2027 and 2032 in accordance with Article 38 of Regulation (EU) 2018/1999. Those reviews should also assess the feasibility of the 2035 target of climate neutrality in light of the in light of the Union bioeconomy, substitution of fossil fuels, social aspects and the objectives laid down in Article 194 and Article 39 TFEU and adapt it, if necessary.
Amendment 291 #
2021/0201(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Due to the change to reporting- based targets, the greenhouse gas emissions and removals need to be estimated with a higher level of accuracy. Moreover, the Communication from the Commission on EU Biodiversity Strategy for 203038 , the Farm to Fork Strategy for a fair, healthy and environmentally-friendly food system39 , the EU Forest Strategy40 , the updated EU Bioeconomy Strategy40a , the Communication from the Commission on Sustainable Carbon Cycles40b, the revised Directive (EU) 2018/2001 of the European Parliament and of the Council41 and the Communication from the Commission on Forging a climate-resilient Europe - the new EU Strategy on Adaptation to Climate Change42 will all require enhanced monitoring of land, thereby helping to protect and enhance the resilience of nature-based carbon removals throughout the Union. The monitoring and reporting of emissions and removals needs to be upgraded, using advanced technologies available under Union programmes, such as Copernicus, and digital data collected under the Common Agricultural Policy, applying the twin transition of green and digital innovation. __________________ 38 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions EU Biodiversity Strategy for 2030 - Bringing nature back into our lives (COM(2020) 380 final). 39 COM/2020/381 final. 40 […] 40a Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions - A sustainable Bioeconomy for Europe: Strengthening the connection between economy, society and the environment (COM/2018/673 final) 40b Communication from the Commission to the European Parliament and the Council on Sustainable Carbon Cycles COM(2021) 800 final 41Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (OJ L 328, 21.12.2018, p. 82). 42 COM/2021/82 final.
Amendment 302 #
2021/0201(COD)
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) Given that the changes to the accounting rules generate additional compliance costs for the land use, land use change and forestry sector, compensatory actions need to be taken in order to prevent the increase in the total level of regulatory burden. The Commission should therefore respect the "One in one out" entry into force and present, before the application of this Regulation, proposals offsetting the regulatory burdens introduced by this Regulation, through the revision or abolishment of provisions in other Union legislative acts that generate compliance costs in the affected sector.
Amendment 355 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/841
Article 2 – paragraph 2 – point g
Article 2 – paragraph 2 – point g
(g) hcarvested woodbon storage products;
Amendment 366 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/841
Article 2 – paragraph 3 – introductory part
Article 2 – paragraph 3 – introductory part
3. This Regulation also applies, subject to the requirements referred to in Article 2(3a) hereof, to emissions and removals of the greenhouse gases listed in Section A of Annex I, reported pursuant to Article 26(4) of Regulation (EU) 2018/1999 and occurring on the territories of Member States from 2031 and onwards, in any of the land categories listed in paragraph 2, points (a) to (j) and in any of the following sectors:
Amendment 368 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/841
Article 2 – paragraph 3 – point j
Article 2 – paragraph 3 – point j
Amendment 369 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/841
Article 2 –paragraph 3 a (new)
Article 2 –paragraph 3 a (new)
3 a. Before 2025, the Commission shall: (a) assess the difference between the sources and cycles of biogenic and fossil methane emissions; (b) propose a methane calculation model based on net global warming impact, rather than on emission input figures, which do not take account of the cooling effect of reductions in cyclical methane emissions, in line with the Paris Agreement; (c) explore the development of a methane efficiency index that would compare kilos of methane generated per unit of output produced for different agricultural products; (d) conduct an impact assessment on the scope set out in Article 2(3) of this Regulation with regard to the objectives of Article 39 TFEU, the Union bioeconomy and the substitution of fossil fuels. Member States shall ensure a fair distribution between the sectors through appropriate national policies. The Commission shall analyse whether the national measures lead to a fair distribution of action between the sectors and Member States, without negatively impacting security of supply, the bioeconomy, or creating displacement effects.
Amendment 389 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2018/841
Article 4 – paragraph 2 – subparagraph 1
Article 4 – paragraph 2 – subparagraph 1
2. The 2030 Union target for net greenhouse gas removals is 310 million tonnes CO2equivalent to an increase of 15% in average greenhouse gas emissions and removals from the years 2018, 2019 and 2020, and which is equivalent as ato the sum of the Member States targets established in accordance with paragraph 3 of this Article, and shall be based on the average of its greenhouse gas inventory data for the years 20168, 20179 and 201820 and shall be reviewed in accordance with Article4, paragraph 4 a.
Amendment 420 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2018/841
Article 4 – paragraph 3 – subparagraph 1
Article 4 – paragraph 3 – subparagraph 1
3. The Commission shall adopt implementing acts setting out the annual targets based on the linear trajectory for net greenhouse gas removals for each Member State, for each year in the period from 2026 to 2029 in terms of tonnes CO2 equivalent. These national trajectories shall be based on the average greenhouse gas inventory data for the years 2021, 2022 and 2023, reported by each Member State. The value of the 310 million tonnes CO2 equivalent net removalsshall be equivalent to an increase of 15% in the average greenhouse gas emissions and removals from the years 2018, 2019 and 2020, and as a sum of the targets for Member States set out in Annex IIa may be subject to a technical correction due to a change of methodology by Member States. The method for determination of the technical correction to be added to the targets of the Member States, shall be set out in these implementing acts. For the purpose of those implementing acts, the Commission shall carry out a comprehensive review of the most recent national inventory data for the years 2021, 2022 and 2023 submitted by Member States pursuant to Article 26(4) of Regulation (EU) 2018/1999.
Amendment 447 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2018/841
Article 4 – paragraph 4 – subparagraph 1
Article 4 – paragraph 4 – subparagraph 1
4. The Union-wide greenhouse gas emissions in the sectors set out in Article 2(3), points (a) to (ji), shall aim to be net zero by 2035 and the Union shall achieve negative emissions thereafter. The Union and the Member States shall take the necessary proportionate measures to enable the collective achievement of the target for 2035, while ensuring the achievement of the objectives set out in Article 194 and Article 39 TFEU, prioritising substitution of fossil fuels and achieving a balance between emission reductions and removals. The land based carbon removals should be available for other sectors as per EU regulatory framework for the certification of carbon removals.
Amendment 457 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2018/841
Article 4 – paragraph 4 – subparagraph 2
Article 4 – paragraph 4 – subparagraph 2
The Commission shall, by 31 December 2025 and on the basis of integrated national energy and climate plans submitted by each Member State pursuant to Article 14 of Regulation (EU) 2018/1999 by 30 June 2024, make proposals for the contribution of each Member State to the net emissions reduction.’; : (a) conduct an impact assessment of the net zero greenhouse gas emissions target for 2035 in light of the Union bioeconomy, substitution of fossil fuels, social aspects and the objectives laid down in Article 194 TFEU and Article 39 TFEU; (b) based on the impact assessment referred to in point (a) of this subparagraph, make proposals for the contribution of each Member State in order to achieve the indicative target of net zero in 2035, while ensuring a fair distribution among Member States; (c) introduce a fair, market-based and voluntary compensation mechanism for a carbon certification trading system, which promotes high-quality carbon certificates that can ensure the achievement of the criteria of additionality, permanence, no double counting and authenticity to incentivise improved land management practices, resulting in enhanced carbon capture; (d) consider decreasing sink services that arise in connection with land use changes in the area of the expansion of settlement and transportation areas separately and make sure that they are not accounted for at the expense of the sectors set out in Article 2(3) points (a) to (i); (e) make proposals on how to include bio- energy with carbon capture and storage (BECCS) processes in carbon storage products.
Amendment 467 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2018/841
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4 a. The targets set out in Article 4, paragraphs 2, 3 and 4 shall be subject to reviews in 2025, 2027 and 2032 and shall be adapted if negative impacts are detected on EU bioeconomy, substitution of fossil fuels, social aspects and the objectives laid down in Article 194 and Article 39 TFEU.
Amendment 498 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point b
Article 1 – paragraph 1 – point 7 – point b
Regulation (EU) 2018/841
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The Commission shall adopt delegated acts in accordance with Article 16 in order to amend paragraph 1 of this Article and Annex V by adding new categories of carbon storage products, including short and long-life harvested wood products, that have a carbon sequestration effect, and by introducing a life-cycle assessment of those products, including recycled products, based on IPCC Guidelines as adopted by the Conference of the Parties to the UNFCCC or the Conference of the Parties serving as the Meeting of the Parties to the Paris Agreement, and ensuring environmental integrity.; The Commission shall, in addition, develop a methodology for an additional category of “Fossil Substitution Products”. That methodology shall calculate the positive substitution effect of carbon storage products and assess the inclusion of bioenergy carbon capture and storage processes in carbon storage products.;
Amendment 591 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EU) 2018/841
Article 13 b – paragraph 3 – subparagraph 1 – point c
Article 13 b – paragraph 3 – subparagraph 1 – point c
(c) the difference in the Union between the annual sum of all greenhouse gas emissions and removals on its territory and in all of the land reporting categories referred to in Article 2(2), points (a) to (j), and the Union target [of 310 million tonnes CO2 equivalent of net removals] is negativeequivalent to a 15 % increase in the average greenhouse gas emissions and removals from the years 2018, 2019 and 2020], in the period from 2026 to 2030.
Amendment 636 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Regulation (EU) 2018/841
Article 14 – paragraph 1 – subparagraph 2 – point a
Article 14 – paragraph 1 – subparagraph 2 – point a
(a) the policies and measures regarding trade-offs;he possible trade-offs with the Union bioeconomy, substitution of fossil fuels, social aspects and the objectives laid down in Article 194 TFEU and Article 39 TFEU
Amendment 642 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Regulation (EU) 2018/841
Article 14 – paragraph 1 – subparagraph 2 – point c a (new)
Article 14 – paragraph 1 – subparagraph 2 – point c a (new)
(ca) the impact on harvesting levels and bioeconomy development;
Amendment 644 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Regulation (EU) 2018/841
Article 14 – paragraph 1 – subparagraph 2 – point c b (new)
Article 14 – paragraph 1 – subparagraph 2 – point c b (new)
(cb) synergies between climate mitigation and bioeconomy development, including estimates on the greenhouse gas savings associated to the substitution of fossil-based materials with wood-based materials.
Amendment 673 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Amendment 675 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Regulation (EU) 2018/841
Article 17 – paragraph 2 – subparagraph 2
Article 17 – paragraph 2 – subparagraph 2
Following the report, the Commission shall make legislative proposals where it deems it appropriate. In particular, the proposals shall set out annual targets and governance aiming towards the 2035 climate-neutrality target as laid down in Article 4(4), additional Union policies and measuresdditional measures in accordance with Article 4(4a), and a post- 2035 framework, including in the scope of the Regulation greenhouse gas emissions and removals from additional sectors, such as the marine and freshwater environment.;
Amendment 691 #
2021/0201(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
Regulation (EU) 2018/1999
Article 4 – paragraph 1 –point a – point 1 – point ii
Article 4 – paragraph 1 –point a – point 1 – point ii
the Member State’s commitments and national targets for net greenhouse gas removals pursuant to Article 4(1) and (2) of Regulation (EU) 2018/841 and its contributions aim towards reaching the Union objective of reducing greenhouse gas emissions to net zero by 2035 and achieving negative emissions thereafter pursuant to Article 4(4) of that Regulation;;
Amendment 695 #
2021/0201(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point a
Article 2 – paragraph 1 – point 3 – point a
Regulation (EU) 2018/1999
Article 38 – paragraph 1 a
Article 38 – paragraph 1 a
In 2025, the Commission shall carry out a comprehensive review of the national inventory data submitted by Member States pursuant to Article 26(4) of this Regulation, in order to assess the target set out in Article 4(3)of Regulation (EU) 2018/842 in accordance with Article 4(4a) of that Regulation and to determine the annual targets of net greenhouse gas emissions reduction of the Member States pursuant to Article 4(3) of Regulation (EU) 2018/841 and in order to determine the annual emission allocations of the Member States pursuant to Article 4(3) of Regulation (EU) 2018/842;
Amendment 66 #
2021/0197(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The European Green Deal combines a comprehensive set of mutually reinforcing measures and initiatives aimed at achieving climate neutrality in the EU by 2050, and sets out a new growth strategy that aims to transform the Union into a fair and prosperous society, with a modern, resource-efficient and competitive economy, where economic growth is decoupled from resource us and vibrant industries that remain world-leaders in their respective segment and global innovation drivers while securing high-paid quality jobs in Europe. It also aims to protect, conserve and enhance the Union's natural capital, and protect the health and well-being of citizens from environment-related risks and impacts. At the same time, this transition affects women and men differently and has a particular impact on some disadvantaged groups, such as older people, persons with disabilities and persons with a minority racial or ethnic background. It must thereforeIt must be ensured that the transition is just and inclusive, leaving no one behind.
Amendment 84 #
2021/0197(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) In line with Regulation (EU) 2019/631 the emissions of the entire life cycle of vehicles should be taken into account in order to ensure that emissions are reduced in the most effective manner. Given the strengthened target for 2030, it is important to ensure that a methodology of full life-cycle CO2 emissions for vehicles follows suit. It is therefore necessary that the Commission develop no later than December 31, 2023, an harmonized methodology to report the carbon footprint of the life-cycle of vehicles in order to consider the global impact of passenger cars and light commercial vehicles on the environment. This regulation should be reviewed in 2028 to incorporate this harmonized methodology of an extended carbon accounting as new indicator for further reduction targets beyond 2030.
Amendment 100 #
2021/0197(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The strengthened CO2 emission reduction requirements should incentivise an increasing share of net zero-emission vehicles and fuels being deployed on the Union market whilst providing benefits to consumers and citizens in terms of air quality and energy savings, as well as ensuring that innovation and employment levels in the automotive value chain can be maintained in Europe and that mobility remains accessible and affordable for everyone. Within the global context, also the EU automotive chain must be a leading actor in the on- going transition towards net zero-greenhouse gas emission mobility and fuel solutions. The strengthened CO2 emission reduction standards armust be technology neutral in reaching the fleet- wide targets that they set. Different technologies are and remain available to reach the zero-emission fleet wide targets. ZLow and zero-emission vehicles currently include battery electric vehicles, fuel-cell and other hydrogen powered vehicles, depending on their respective full lifecycle emissions and technological innovations are continuing. Zero and low-emission vehicles, which also include well performing plug-in hybrid electric vehicles, and vehicles powered by alternative fuel which can continue to play a role in the transition pathway.
Amendment 119 #
2021/0197(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Against that background, new strengthened CO2 emission reduction targets should be set for both new passenger cars and new light commercial vehicles for the period 2030 onwards. Those targets should be set at a level that will deliver a strong signal to accelerate the uptake of zero-emission vehicles on the Union market and to stimulate innovation in zero-emission technologies in a cost- efficient way, thus ensuring that cars and light commercial vehicles remain affordable for EU citizens.
Amendment 131 #
2021/0197(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The targets in the revised CO2 performance standards should be accompanied by a European strategy to address the challenges posed by the scale- up of the manufacturing of zero-emission vehicles and associated technologies, as well as the need for up- and re-skilling of workers in the sector and the economic diversification and reconversion of activities. Where appropriate, financial support should be considered at the level of the EU and Member States to crowd in private investment, including via the European Social Fund Plus, the Just Transition Fund, the Innovation Fund, the Recovery and Resilience Facility, the use of the European Green Bond Standard and other instruments of the Multiannual Financial Framework and the Next Generation EU, in line with State aid rules. The revised environmental and energy state aid rules will enable Member States to support business to decarbonize their production processes and adopt greener technologies in the context of the New Industrial Strategy.
Amendment 145 #
2021/0197(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) The updated New Industrial Strategy26 foresees the co-creation of green and digital transition pathways in partnership with industry, public authorities, social partners and other stakeholders. In this context, a transition pathway should be developed for the mobility ecosystem to accompany the transition of the automotive value chain. The pathway should take particular heed of SMEs in the automotive supply chain, of the consultation of social partners including by Member States, and also build on the European Skills Agenda with initiatives like the Pact for Skills to mobilise the private sector and other stakeholders to up-skill and re-skill Europe’s workforce in view of the green and digital transitions. The appropriate actions and incentives at European and national level to boost the affordability of zero emission vehicles should also be addressed in the pathway. The progress made on this comprehensive transition pathway for the mobility ecosystem should be monitored every two years as part of a progress report to be submitted by the Commission, looking inter alia at the progress in the deployment of zero- emission vehicles, their price developments, deployment of alternative fuels development and infrastructure roll- out as required under the Alternative Fuels Infrastructure Regulation, the potential of innovative technologies to reach climate neutral mobility, international competitiveness, investments in the automotive value chain, up-skilling and re- skilling of workers and reconversion of activities. The progress report will also build on the two-year progress reports that Member States submit under the Alternative Fuels Infrastructure Regulation. The Commission should consult social partners in the preparation of the progress report, including the results in the social dialogue. Innovations in the automotive supply chain are continuing. Innovative technologies such as the production of electro-fuels with air capture and hydrogen cars with onboard hydrogen storage system technology, if further developed, could offer prospects for affordable climate neutral mobility. The Commission should therefore keep track of progress in the state of innovation in the sector as part of its progress report. _________________ 26 Commission Communication - Updating the 2020 New Industrial Strategy: Building a stronger Single Market for Europe’s recovery, COM(2021) 350 final of 5 May 2021
Amendment 158 #
2021/0197(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Those EU fleet-wide targets are to be complemented by the necessary roll-out of recharging and refuelling infrastructure as set out in Directive 2014/94/EU of the European Parliament and of the Council27 as well as through ambitious targets for the deployment of private charging points in buildings Directive 2010/31/EU and ambitious targets for refuelling infrastructure in the revision of the Alternative Fuels Infrastructure Directive 2014/94/EU and the revision of the TENT-Network. _________________ 27 Directive 2014/94/EU of the European Parliament and of the Council of 22 October 2014 on the deployment of alternative fuels infrastructure (OJ L 307 28.10.2014, p. 1).
Amendment 173 #
2021/0197(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Manufacturers should be provided with sufficient flexibility in adapting their fleets over time in order to manage the transition towards low- and zero-emission vehicles in a cost-efficient manner, and it is therefore appropriat. The progressively more ambitious emission reduction targets as set in Regulation (EU) 2019/631 have increased the costs of compliance for manufacturers. It is therefore of the utmost importance to maintain the approach of decreasing target levels in five-year steps.
Amendment 184 #
2021/0197(COD)
(15) With the stricter EU fleet-wide targets from 2030 onwards, manufacturers will have to deploy significantly more zero-emission vehicles on the Union market. In that context, the incentive mechanism for zero- and low-emission vehicles (‘ZLEV’) would no longer serve its original purpose and would risk undermining the effectiveness of Regulation (EU) 2019/631. The ZLEV incentive mechanism should therefore be removed as of 2030. BeforeAfter that date and therefore throughout this decade, the incentive mechanism for ZLEV will continue to support the deployment of vehicles with emissions from zero up to 50 g CO2/km, including battery electric vehicles, fuel-cell electric vehicles using hydrogen and well performing plug-in hybrid electric vehicles. After that date, plug-in hybrid electric vehicles continue to, Plug- in hybrid electric vehicles, fuel-cell electric vehicles using hydrogen count against the fleet-wide targets that vehicle manufacturers must meet.
Amendment 213 #
2021/0197(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The progress made under Regulation (EU) 2019/631 towards achieving the reduction objectives set for 2030 and beyond should be reviewed in 20268. For this review, all aspects considered in the two yearly reporting should be considered.
Amendment 237 #
2021/0197(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point -a (new)
Article 1 – paragraph 1 – point 1 – point -a (new)
Regulation (EU) 2019/631
Article 1 – paragraph 4 – point a
Article 1 – paragraph 4 – point a
(-a) paragraph 4 point (a) is replaced by the following: “(a) for the average emissions of the new passenger car fleet, an EU fleet-wide target equal to a 15 20% reduction of the target in 2021 determined in accordance with point 6.1.1 of Part A of Annex I;”
Amendment 257 #
2021/0197(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a – point i
Article 1 – paragraph 1 – point 1 – point a – point i
Regulation (EU) 2019/631
Article 1 – paragraph 5 – point a
Article 1 – paragraph 5 – point a
(i) in point (a), the figure “37,5 %” is replaced by ‘545 %’,
Amendment 263 #
2021/0197(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a – point ii
Article 1 – paragraph 1 – point 1 – point a – point ii
Regulation (EU) 2019/631
Article 1 – paragraph 5 – point b
Article 1 – paragraph 5 – point b
(ii) in point (b), the figure “31 %” is replaced by ‘540 %’,
Amendment 394 #
2021/0197(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/631
Article 14a – paragraph 1
Article 14a – paragraph 1
By 31 December 2025, and every two years thereafter, the Commission shall report on the progress towards zero emission road mobility. The report shall in particular monitor and assess the need for possible additional measures to facilitate the transition, including through financial means.
Amendment 42 #
2021/0191(COD)
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on EuropeanVerified green bonds (Text with EEA relevance)
Amendment 44 #
2021/0191(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The transition to a low-carbon, more sustainable, energy- and resource-efficient, circular and fair economy is key to ensuring the long-term competitiveness of the economy of the Union and the well- being of its peoples. In 2016, the Union concluded the Paris Agreement31 . Article 2(1), point (c), of the Paris Agreement sets out the objective of strengthening the response to climate change by, among other means, making finance flows consistent with a pathway towards low greenhouse gas emissions and climate- resilient development. __________________ 31Council Decision (EU) 2016/1841 of 5 October 2016 on the conclusion, on behalf of the European Union, of the Paris Agreement adopted under the United Nations Framework Convention on Climate Change (OJ L 282, 19.10.2016, p. 4).
Amendment 49 #
2021/0191(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Environmentally sustainable bonds are one of the main instruments for financing investments related to low- carbon technologies, energy and resource efficiency as well as sustainablelow or zero emission transport infrastructure and research infrastructure. Financial or non-financial undertakings or sovereigns can issue such bonds. Various existing initiatives for environmentally sustainable bonds do not ensure common definitions of environmentally sustainable economic activities. This prevents investors from easily identifying bonds the proceeds of which are aligned with, or are contributing to environmental objectives as laid down in the Paris Agreement.
Amendment 51 #
2021/0191(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) In relation to the Verified Green Bond Standard, the designation of ‘ sustainability’ should only refer to the environmental dimension of sustainability.
Amendment 57 #
2021/0191(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The lack of harmonised rules for the procedures used by external reviewers to review environmentally sustainable bonds and the diverging definitions of environmentally sustainable activities make it increasingly difficult for investors to effectively compare bonds across the internal and global market with respect to their environmental objectives. The market for environmentally sustainable bonds is inherently international, with market participants trading bonds and making use of external review services from third party providers across borders. Action at Union level could reduce the risk of fragmentation of the internal market for environmentally sustainable bonds and bond-related external review services, and ensure the application of Regulation (EU) 2020/852 of the European Parliament and of the Council34 in the market for such bonds. __________________ 34 Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU) 2019/2088 (OJ L 198, 22.6.2020, p. 13).
Amendment 59 #
2021/0191(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) A uniform set of specificset of harmonised requirements should therefore be laid down for bonds issued by financial or non- financial undertakings or sovereigns that voluntarily wish to use the designation ‘EuropeanVerified green bond’ or ‘EuVGB’ for such bonds. Specifying quality requirements for EuropeanVerified green bonds in the form of a Regulation should ensure that there are uniform conditions for the issuance of such bonds by preventing diverging national requirements that could result from a transposition of a Directive, and should also ensure that those conditions are directly applicable to issuers of such bonds. Issuers that voluntarily use the designation ‘EuropeanVerified green bond’ or ‘EuVGB’ should follow the same rules across the Union, to increase market efficiency by reducing discrepancies and thereby also reducing the costs of assessing those bonds for investorsbased on the requirements for environmentally sustainable economic activities as outlined in Article 3 of Regulation (EU) 2020/852 regarding taxonomy requirements across the Union, to increase market efficiency by reducing discrepancies and thereby also reducing the costs of assessing those bonds for investors. The requirements laid down in this Regulation should only apply to bonds designated as ‘Verified Green Bonds’ or ‘VGB’. Other sustainable bonds should not be affected by this Regulation.
Amendment 63 #
2021/0191(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) In order to achieve the objective of becoming the international ‘gold standard’ for green bonds, participation in the regime for such bonds provided for in this Regulation should remain voluntary, to maintain and promote its attractiveness for both domestic and international market participants.
Amendment 66 #
2021/0191(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) In accordance with Article 4 of Regulation (EU) 2020/852, and in order to provide investors with clear, quantitative, detailed and common definitions, the requirements set out in Article 3 of that Regulation should be used to determine whether an economic activity qualifies as environmentally sustainable. Proceeds ofFor a bonds that useo carry the designation ‘Europeanof ‘Verified green bond’ or ‘EuVGB’ should exclusivelyat least 80 % of the proceeds should be used to fund economic activities that either are environmentally sustainable and are thus aligned with the environmental objectives set out in Article 9 of Regulation (EU) 2020/852, or contribute to the transformation of activities to become environmentally sustainable. Those bonds can however be used both to finance such environmentally sustainable activities directly through the financing of assets and expenditures that relate to economic activities that meet the requirements set out in Article 3 of Regulation (EU) 2020/852, or indirectly through financial assets that finance economic activities that meet those requirements. It is therefore necessary to specify the categories of expenditures and assets that can be financed with the proceeds of bonds that use the designation ‘EuropeanVerified green bond’ or ‘EuVGB’.
Amendment 69 #
2021/0191(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The proceeds of EuropeanVerified green bonds should be used to finance economic activities that have a lasting positive impact on the environment. Such lasting positive impact can be attained in several ways. Since fixed assets are long-term assets, a first way is to use the proceeds of such EuropeanVerified green bonds to finance fixed tangible or fixed intangible assets that are not financial assets, provided that those fixed assets relate to economic activities that meet the requirements for environmentally sustainable economic activities set out in Article 3 of Regulation (EU) 2020/852 (‘taxonomy requirements’). Since financial assets can be used to finance economic activities with a lasting positive impact on the environment, a second way is to use those proceeds to finance financial assets, provided that the proceeds from those financial assets are allocated to economic activities that meet the taxonomy requirements. Since the assets of households can also have a long- term positive impact on the environment, those financial assets should also include the assets of households. Since capital expenditure and selected operating expenditure can be used to acquire, upgrade, or maintain fixed assets, a third way is to use the proceeds of such bonds to finance capital and operating expenditures that relate to economic activities that meet the taxonomy requirements or that will meet those requirements within a reasonably short period from the issuance of the bond concerned, which can be extended however where duly justified by the specific features of the economic activities and investments concerned. For the reasons outlined above, the capital and operating expenditures should also include the expenditures of households.
Amendment 72 #
2021/0191(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) This Regulation aims to create a gold standard for sustainable bonds and should therefore be fully aligned with the taxonomy for sustainable investments.
Amendment 75 #
2021/0191(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Sovereigns are frequent issuers of environmentally sustainable bonds and should therefore also be allowed to issue ‘EuropeanVerified green bonds’, provided that the proceeds of such bonds are used to finance either assets or expenditure that meet the taxonomy, or assets or expenditure that will meet those requirements within a reasonably short period from the issuance of the bond concerned, which can be extended however where duly justified by the specific features of the economic activities and investments concernedas established by the Commission.
Amendment 78 #
2021/0191(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Article 4 of Regulation (EU) 2020/852 requires Member States and the Union to apply the criteria set out in Article 3 of that Regulation to determine whether an economic activity qualifies as environmentally sustainable for the purposes of any measure setting out requirements for financial market participants or issuers in respect of financial products or corporate bonds that are made available as environmentally sustainable. It is therefore logical that the technical screening criteria referred to in Article 3, point (d), of Regulation (EU) 2020/852 should determine which fixed assets, expenditures and financial assets can be financed by the proceeds of EuropeanVerified green bonds. In view of the expected technological progress in the field of environmental sustainability, the delegated acts adopted pursuant to Articles 10(3), 11(3), 12(2), 13(2), 14(2) or 15(2) of Regulation (EU) 2020/852 are likely to be reviewed and amended over time. Regardless of such changes, in order to provide legal certainty to issuers and investors and prevent amendments to the technical screening criteria from having a negative impact on the price of EuropeanVerified green bonds that have already been issued, issuers should be able to apply the technical screening criteria applicable at the moment the EuropeanVerified green bond was issued when allocating the proceeds of such bonds to eligible fixed assets or expenditures, until maturity of the bond. To ensure legal certainty for EuropeanVerified green bonds whose proceeds are allocated to financial assets, it is necessary to clarify that the underlying economic activities funded by those financial assets should comply with the technical screening criteria applicable at the moment the financial assets were created. Where the relevant delegated acts are amended, the issuer should allocate proceeds by applying the amended delegated acts within fiveten years.
Amendment 81 #
2021/0191(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) The time needed to transform an asset to align the economic activity to which it relates with the taxonomy requirements should reasonably not exceed fiveeight years, except in certain circumstances where it may take up to twelven years. For that reason, eligible capital expenditure should relate to economic activities that meet or will meet the taxonomy requirements within fiveeight years from the issuance of the bond, unless a longer period of up to twelven years is justified by the specific features of the economic activities and investments concernedas established by the Commission.
Amendment 85 #
2021/0191(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Investors should be provided with all information necessary to evaluate the environmental impact of EuropeanVerified green bonds, and to compare such bonds with each other. For that purpose, specific and standardised disclosure requirements need to be set out which provide transparency about how the issuer intends to allocate the bond proceeds to eligible fixed assets, expenditures and financial assets and how those proceeds have actually been allocated. Such transparency can best be achieved by means of European green bond factsheets and annual allocation reports. To strengthen the comparability of EuropeanVerified green bonds and to facilitate the localisation of relevant information, it is necessary to lay down templates for the disclosure of such information.
Amendment 87 #
2021/0191(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Investors should benefit from cost- effective access to reliable information about the EuropeanVerified green bonds. Issuers of EuropeanVerified Green Bonds should therefore contract external reviewers to provide a pre-issuance review of the EuropeanVerified green bond factsheet, and post-issuance reviews of EuropeanVerified green bond annual allocation reports.
Amendment 90 #
2021/0191(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Issuers of EuropeanVerified green bonds should abide by their commitments to investors and allocate the proceeds of their bonds within a reasonably short time after issuance. At the same time, issuers should not be penalised for allocating bond proceeds to economic activities that do not yet meet the taxonomy requirements, but will do so within the five year period (or extended ten year period). Issuers should in any case allocate all proceeds of their EuropeanVerified green bonds before the maturity of each bond.
Amendment 91 #
2021/0191(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Unlike issuers that are financial or non-financial undertakings, issuers that are sovereigns can use the proceeds of EuropeanVerified green bonds to indirectly finance economic activities that are aligned with the taxonomy requirements through the use of programmes of tax expenditures or programmes of transfers, including subsidies. In such cases, sovereigns ensure that economic activities funded by such programmes comply with the terms and conditions of those programmes. For that reason, when providing pre- and post- issuance reviews of EuropeanVerified green bonds issued by sovereigns and the proceeds of which are allocated to tax expenditures or subsidies in accordance with terms and conditions that are aligned with taxonomy requirements, external reviewers should not be required to assess the taxonomy- alignment of each economic activity funded by such programmes. Where that is the case, it should be sufficient for external reviewers to assess the alignment of the terms and conditions of the funding programmes concerned with the taxonomy requirements.
Amendment 92 #
2021/0191(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Certain financial undertakings that have a portfolio of EuropeanVerified green bonds may not be able to identify, for each EuropeanVerified green bond, the distinct financial assets to which the proceeds of said bond have been allocated. This is due to a mismatch between, on the one hand, the time to maturity and the volume of funding of those bonds, and on the other hand the time to maturity and volume of the financial assets on the balance sheet of the financial undertaking. Financial undertakings should in such cases be required to disclose the allocation of the aggregate proceeds of their portfolio of European green bonds to a portfolio of environmentally sustainable financial assets on the undertaking’s balance sheet. Those financial undertakings should then demonstrate in annual allocation reports that the related environmentally sustainable financial assets complied with the taxonomy requirements at the time they were created. In order to ensure that all proceeds of EuropeanVerified green bonds are allocated to environmentally sustainable economic activities, the financial undertakings should also demonstrate that the amount of those environmentally sustainable financial assets exceeds or equals the amount of EuropeanVerified green bonds that have not yet matured. To ensure that the information provided remains complete and up to date, an external reviewer should review the annual allocation reports each year. That external reviewer should in particular focus on those financial assets that were not on the issuer’s balance sheet in the previous year’s allocation report.
Amendment 93 #
2021/0191(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) To improve transparency, issuers should also disclose the environmental impact of their bonds by means of the publication of impact reports, which should be published at least once during the lifetimeevery five years until maturity of the bond. In order to provide investors with all information relevant to assess the environmental impact of EuropeanVerified green bonds, impact reports should clearly specify the metrics, methodologies and assumptions applied in the assessment of the environmental impacts. To strengthen the comparability of EuropeanVerified green bonds and to facilitate the localisation of relevant information, it is necessary to lay down templates for the disclosure of such information. The impact reports should be subject to scrutiny by external reviewers.
Amendment 97 #
2021/0191(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) State auditors, or any other public entity that is mandated by a sovereign to assess whether the proceeds of the EuropeanVerified green bonds are indeed allocated to eligible fixed assets, expenditures and financial assets, are statutory entities with responsibility for and expertise in the oversight over public spending, and typically have legally guaranteed independence. Sovereigns that issue EuropeanVerified green bonds should therefore be allowed to make use of such state auditors or entities for the purposes of the external review of bonds issued by such sovereigns. Such state auditors or entities should not be registered or supervised according to this Regulation.
Amendment 98 #
2021/0191(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) To ensure the efficiency of the market for EuropeanVerified green bonds, issuers should publish on their websites details about the European green bonds they issue. To ensure the reliability of information and investor confidence, they shall also publish the pre-issuance review as well as any post-issuance reviews.
Amendment 104 #
2021/0191(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) In order to encourage external reviewers to provide their services to the issuers of EuropeanVerified green bonds as of the entry into application of this Regulation, this Regulation sets out a transitional regime for the first 30 months following the entry into force of this Regulation.
Amendment 105 #
2021/0191(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) The objectives of this Regulation are twofold. On the one hand, it aims to ensure that uniform requirements apply to the use of the designation of ‘EuropeanVerified green bond’ or ‘EuVGB’. On the other hand, it aims to establish a simple registration system and supervisory framework for external reviewers by entrusting a single supervisory authority with the registration and supervision of external reviewers in the Union. Both aims should facilitate capital raising for projects that pursue environmentally sustainable objectives. Since those objectives cannot be sufficiently achieved by the Member States but can be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives,
Amendment 108 #
2021/0191(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation lays down uniform requirements for issuers of bonds that wish to use the designation ‘EuropeanVerified green bond’ or ‘EuVGB’ for their environmentally sustainable bonds made available to investors in the Union, and establishes a registration system and supervisory framework for external reviewers of European green bondsVerified green bonds. This Regulation shall not be applicable to other bonds currently marketed in the Union as sustainable.
Amendment 115 #
2021/0191(COD)
Proposal for a regulation
Title II
Title II
Amendment 116 #
2021/0191(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
The designation ‘EuropeanVerified green bond’ or ‘EuVGB’ shall only be used for bonds that comply with the requirements set out in this Title until their maturity.
Amendment 117 #
2021/0191(COD)
Proposal for a regulation
Article 4 – title
Article 4 – title
Use of the proceeds of EuropeanVerified green bonds
Amendment 118 #
2021/0191(COD)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1 – introductory part
Article 4 – paragraph 1 – subparagraph 1 – introductory part
1. Before maturity of the bond, the proceeds of EuropeanVerified green bonds shall be exclusively and fully allocated, without deducting costs, to the following, or a combination thereof:
Amendment 119 #
2021/0191(COD)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1 – point c
Article 4 – paragraph 1 – subparagraph 1 – point c
(c) operating expenditures that were incurred more recently than three years prior to the issuance of the EuropeanVerified green bond;
Amendment 120 #
2021/0191(COD)
Proposal for a regulation
Article 4 – paragraph 2 – introductory part
Article 4 – paragraph 2 – introductory part
2. By way of derogation from paragraph 1, a sovereign may also allocate the proceeds of EuropeanVerified green bonds it has issued to the following, or any combination thereof:
Amendment 121 #
2021/0191(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) tax relief referred to in point 20.167 of Annex A to Regulation (EU) No 549/2013 that was granted more recently than three years prior to the issuance of the EuropeanVerified green bond;
Amendment 122 #
2021/0191(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point d
Article 4 – paragraph 2 – point d
(d) subsidies referred to in point 4.30 of Annex A to Regulation (EU) No 549/2013 that were transferred more recently than three years prior to the issuance of the EuropeanVerified green bond;
Amendment 123 #
2021/0191(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. A EuropeanVerified green bond may be refinanced by issuing a new EuropeanVerified green bond.
Amendment 125 #
2021/0191(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
Amendment 126 #
2021/0191(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 3
Article 6 – paragraph 1 – subparagraph 3
The period referred to in the first and second subparagraph shall not exceed fiveeight years from bond issuance, unless a longer period of up to twelven years is justified by the specific features of the economic activities concerned as documented in a taxonomy- alignment plan. The Commission shall adopt delegated acts in accordance with Article 60 to supplement this Regulation by outlining the list of economic activities that qualify for the application of an extended period of up to twelve years.
Amendment 127 #
2021/0191(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Where proceeds from a EuropeanVerified green bond are allocated by means of financial assets either to capital expenditures as referred to in Article 4(1), point (b), or to operating expenditures as referred to in Article 4(1), point (c), the defined period of time referred to in paragraph 1, first subparagraph, shall start from the moment of the creation of the financial asset.
Amendment 129 #
2021/0191(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 2
Article 7 – paragraph 1 – subparagraph 2
Where the delegated acts adopted pursuant to Articles 10(3), 11(3), 12(2), 13(2), 14(2) or 15(2) of Regulation (EU) 2020/852 are amended following the issuance of the bond, the issuer shall allocate bond proceeds to the uses referred to in the first subparagraph by applying the amended delegated acts within fiveten years after their entry into application.
Amendment 131 #
2021/0191(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 3
Article 7 – paragraph 2 – subparagraph 3
Where the delegated acts adopted pursuant to Articles 10(3), 11(3), 12(2), 13(2), 14(2) or 15(2) of Regulation (EU) 2020/852 are amended following the creation of the debt referred to in the first subparagraph, the issuer shall allocate bond proceeds to the debt referred to in the first subparagraph by applying the amended delegated acts within fiveten years after their entry into application.
Amendment 132 #
2021/0191(COD)
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. As from ... [date of entry into force of this Regulation] and for at least ten years thereafter, the use of the designation ‘Verified Green Bonds’ or ‘VGB’ shall remain voluntary for all issuers.
Amendment 141 #
2021/0191(COD)
Proposal for a regulation
Article 8 – title
Article 8 – title
Amendment 142 #
2021/0191(COD)
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. Prior to issuing a EuropeanVerified green bond, issuers shall:
Amendment 143 #
2021/0191(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) complete the EuropeanVerified green bond factsheet laid down in Annex I;
Amendment 144 #
2021/0191(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) ensure that the completed EuropeanVerified green bond factsheet has been subject to a pre-issuance review with a positive opinion by an external reviewer.
Amendment 145 #
2021/0191(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. A EuropeanVerified green bond factsheet may relate to one or several EuropeanVerified green bond issuances.
Amendment 146 #
2021/0191(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Every year and until the full allocation of the proceeds of the EuropeanVerified green bond concerned, issuers of EuropeanVerified green bonds shall draw up a EuropeanVerified green bond allocation report by using the template laid down in Annex II, demonstrating that the proceeds of any EuropeanVerified green bonds concerned from their issuance date and until the end of the year the report refers to have been allocated in accordance with Articles 4 to 7. The same rules shall apply in cases where a Verified Green Bond includes a taxonomy alignment plan.
Amendment 147 #
2021/0191(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. A EuropeanVerified green bond allocation report may relate to one or several issuances of EuropeanVerified green bonds.
Amendment 148 #
2021/0191(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Issuers of EuropeanVerified green bonds shall obtain a post-issuance review by an external reviewer of the allocation report drawn up after the full allocation of the proceeds of the EuropeanVerified green bond in accordance with Articles 4 to 7. The same rules shall apply if a Verified Green Bond includes a taxonomy alignment plan.
Amendment 149 #
2021/0191(COD)
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. Where, following the publication of the allocation report in accordance with Article 13(1), point (c), the allocation of proceeds is corrected, issuers of the EuropeanVerified green bonds concerned shall amend the allocation report and obtain a post-issuance review by an external reviewer of that amended allocation report.
Amendment 150 #
2021/0191(COD)
Proposal for a regulation
Article 9 – paragraph 5
Article 9 – paragraph 5
5. By way of derogation from paragraph 3, every allocation report from issuers that are financial undertakings that allocate proceeds from a portfolio of several EuropeanVerified green bonds to a portfolio of financial assets as referred to in Article 5 shall be subject to a post-issuance review by an external reviewer. The external reviewer shall pay particular attention to those financial assets that were not included in any previously published allocation report.
Amendment 151 #
2021/0191(COD)
Proposal for a regulation
Article 9 – paragraph 6
Article 9 – paragraph 6
6. Issuers of EuropeanVerified green bonds shall provide the allocation reports referred to in paragraph 3, 4, and 5 to an external reviewer within 30 days following the end of the year to which the allocation reports refer. The post-issuance review must be made public within 90 days following the receipt of the allocation report.
Amendment 152 #
2021/0191(COD)
Proposal for a regulation
Article 9 – paragraph 7 – point b
Article 9 – paragraph 7 – point b
(b) an assessment of whether the issuer has complied with the intended use of proceeds set out in the greenVerified bond factsheet based on the information provided to the external reviewer;
Amendment 153 #
2021/0191(COD)
Proposal for a regulation
Article 10 – title
Article 10 – title
Amendment 154 #
2021/0191(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Issuers of EuropeanVerified green bonds shall, after the full allocation of the proceeds of such bonds and at least once during the lifetimeevery five years until maturity of the bond, draw up a EuropeanVerified green bond impact report on the environmental impact of the use of the bond proceeds by using the template laid down in Annex III. That report shall be subject to scrutiny by external reviewers.
Amendment 157 #
2021/0191(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. A single impact report may cover several issuances of EuropeanVerified green bonds.
Amendment 159 #
2021/0191(COD)
Proposal for a regulation
Article 12 – title
Article 12 – title
Prospectus for EuropeanVerified green bonds
Amendment 160 #
2021/0191(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
Amendment 161 #
2021/0191(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. For the purposes of Article 19(1), point (c), of Regulation (EU) 2017/1129, ‘regulated information’ shall include the information contained in the EuropeanVerified green bond factsheet referred to in Article 8(1), point (a) of this Regulation.
Amendment 162 #
2021/0191(COD)
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
1. Issuers of EuropeanVerified green bonds shall publish on their website, in a distinct section titled ‘EuropeanVerified green bonds’ and make available free of charge until at least the maturity of the bonds concerned, all of the following:
Amendment 163 #
2021/0191(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
(a) the completed EuropeanVerified green bond factsheet referred to in Article 8, before the issuance of the bond;
Amendment 164 #
2021/0191(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) the pre-issuance review related to the EuropeanVerified green bond factsheet referred to in Article 8, before the issuance of the bond;
Amendment 165 #
2021/0191(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point c
Article 13 – paragraph 1 – point c
(c) the EuropeanVerified green bond annual allocation reports referred to in Article 9, every year until the full allocation of the proceeds of the European green bond concerned, no later than three months following the end of the year it refers to;
Amendment 166 #
2021/0191(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point d
Article 13 – paragraph 1 – point d
(d) the post-issuance reviews of the EuropeanVerified green bond allocation reports referred to in Article 9;
Amendment 167 #
2021/0191(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point e
Article 13 – paragraph 1 – point e
(e) the EuropeanVerified green bond impact report referred to in Article 10.
Amendment 168 #
2021/0191(COD)
Proposal for a regulation
Article 13 – paragraph 2 – point a
Article 13 – paragraph 2 – point a
(a) where the EuropeanVerified green bonds are offered to the public or are listed on a market in only one Member State, in a language accepted by the competent authority, as referred to in Article 36 of this Regulation, of that Member State;
Amendment 169 #
2021/0191(COD)
Proposal for a regulation
Article 13 – paragraph 2 – point b
Article 13 – paragraph 2 – point b
(b) where the EuropeanVerified green bonds are offered to the public or are listed on a market in two or more Member States, either in a language accepted by the competent authority, as referred to in Article 37 of this Regulation, of each Member State, or in a language customary in the sphere of international finance, at the choice of the issuer.
Amendment 170 #
2021/0191(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. By way of derogation from paragraph 2, where a prospectus for the EuropeanVerified green bond is to be published in accordance with Regulation (EU) 2017/1129, the information contained in the documents referred to in paragraph 1, points (a), (c) and (e), shall be provided in the language or languages of that prospectus.
Amendment 171 #
2021/0191(COD)
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
4. Issuers of EuropeanVerified green bonds shall notify the National Competent Authority referred to in Article 36 of the publication of all the documents referred to in paragraph 1 without undue delay.
Amendment 172 #
2021/0191(COD)
Proposal for a regulation
Article 13 – paragraph 5
Article 13 – paragraph 5
5. Issuers of EuropeanVerified green bonds shall notify ESMA of the publication of all the documents referred to in paragraph 1 within 30 days.
Amendment 173 #
2021/0191(COD)
Proposal for a regulation
Title III
Title III
Amendment 174 #
2021/0191(COD)
Proposal for a regulation
Title III – Chapter I – title
Title III – Chapter I – title
Amendment 175 #
2021/0191(COD)
Proposal for a regulation
Article 15 – title
Article 15 – title
Application for registration as an external reviewer for EuropeanVerified Green Bonds
Amendment 176 #
2021/0191(COD)
Proposal for a regulation
Article 15 – paragraph 1 – introductory part
Article 15 – paragraph 1 – introductory part
1. An application for registration as an external reviewer for EuropeanVerified green bonds shall contain all of the following information:
Amendment 177 #
2021/0191(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point a – point i
Article 15 – paragraph 2 – point a – point i
Amendment 178 #
2021/0191(COD)
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. A third-country external reviewer may provide its services in accordance with this Regulation to issuers that issue EuropeanVerified green bonds where that third- country external reviewer is registered in the register of third-country external reviewers kept by ESMA in accordance with Article 59.
Amendment 179 #
2021/0191(COD)
Proposal for a regulation
Article 31 – paragraph 10
Article 31 – paragraph 10
10. Third-country external reviewers providing services in accordance with this Article shall, before providing any service in relation to issuers of EuropeanVerified green bonds established in the Union, offer to submit any disputes relating to those services to the jurisdiction of a court or arbitral tribunal in a Member State.
Amendment 180 #
2021/0191(COD)
Proposal for a regulation
Article 32 – paragraph 4
Article 32 – paragraph 4
4. A third-country external reviewer established in a country whose legal and supervisory framework has been recognised to be effectively equivalent in accordance with paragraph 1, and which is registered in the register referred to in Article 59, shall be able to provide the services covered under the registration to issuers of EuropeanVerified green bonds throughout the Union.
Amendment 182 #
2021/0191(COD)
Proposal for a regulation
Article 37 – paragraph 1 – subparagraph 1 – point e
Article 37 – paragraph 1 – subparagraph 1 – point e
(e) to suspend an offer of EuropeanVerified green bonds for a maximum of 10 consecutive working days on any single occasion where there are reasonable grounds for suspecting that Articles 8 to 13 of this Regulation have been infringed;
Amendment 184 #
2021/0191(COD)
Proposal for a regulation
Article 37 – paragraph 1 – subparagraph 1 – point f
Article 37 – paragraph 1 – subparagraph 1 – point f
(f) to prohibit or suspend advertisements or require issuers of EuropeanVerified green bonds or financial intermediaries concerned to cease or suspend advertisements for a maximum of 10 consecutive working days on any single occasion where there are reasonable grounds for believing that Articles 8 to 13 of this Regulation have been infringed;
Amendment 185 #
2021/0191(COD)
Proposal for a regulation
Article 37 – paragraph 1 – subparagraph 1 – point g
Article 37 – paragraph 1 – subparagraph 1 – point g
(g) to make public the fact that an issuer of EuropeanVerified green bonds is failing to comply with its obligations under Articles 8 to 13 of this Regulation;
Amendment 188 #
2021/0191(COD)
Proposal for a regulation
Article 64 – paragraph 1
Article 64 – paragraph 1
This Regulation shall enter into force on the twentieth day following that ofe year after its publication in the Official Journal of the European Union.
Amendment 214 #
2021/0191(COD)
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on EuropeanVerified green bonds (Text with EEA relevance)
Amendment 216 #
2021/0191(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The transition to a low-carbon, more sustainable, energy and resource-efficient, circular and fair economy is key to ensuring the long-term competitiveness of the economy of the Union and the well- being of its peoples. In 2016, the Union concluded the Paris Agreement31. Article 2(1), point (c), of the Paris Agreement sets out the objective of strengthening the response to climate change by, among other means, making finance flows consistent with a pathway towards low greenhouse gas emissions and climate- resilient development. __________________ 31Council Decision (EU) 2016/1841 of 5 October 2016 on the conclusion, on behalf of the European Union, of the Paris Agreement adopted under the United Nations Framework Convention on Climate Change (OJ L 282, 19.10.2016, p. 4).
Amendment 232 #
2021/0191(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Environmentally sustainable bonds are one of the main instruments for financing investments related to low- carbon technologies, energy and resource efficiency as well as low or zero emission sustainable transport infrastructure and research infrastructure. Financial or non- financial undertakings or sovereigns can issue such bonds. Various existing initiatives for environmentally sustainable bonds do not ensure common definitions of environmentally sustainable economic activities. This prevents investors from easily identifying bonds the proceeds of which are aligned with, or are contributing to environmental objectives as laid down in the Paris Agreement.
Amendment 234 #
2021/0191(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) In relation to the EU Green Bond Standards, the term "sustainability" shall only refer to the environmental dimension of sustainability.
Amendment 240 #
2021/0191(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The lack of harmonised rules for the procedures used by external reviewers to review environmentally sustainable bonds and the diverging definitions of environmentally sustainable activities make it increasingly difficult for investors to effectively compare bonds across the internal and global market with respect to their environmental objectives. The market for environmentally sustainable bonds is inherently international, with market participants trading bonds and making use of external review services from third party providers across borders. Action at Union level could reduce the risk of fragmentation of the internal market for environmentally sustainable bonds and bond-related external review services, and ensure the application of Regulation (EU) 2020/852 of the European Parliament and of the Council34 in the market for such bonds. __________________ 34 Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU) 2019/2088 (OJ L 198, 22.6.2020, p. 13).
Amendment 243 #
2021/0191(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) A uniform set of specificset of harmonized requirements should therefore be laid down for bonds issued by financial or non- financial undertakings or sovereigns that voluntarily wish to use the designation ‘European green bond’ or ‘EuGB’ for such bonds. Specifying quality requirements for European green bonds in the form of a Regulation should ensure that there are uniform conditions for the issuance of such bonds by preventing diverging national requirements that could result from a transposition of a Directive, and should also ensure that those conditions are directly applicable to issuers of such bonds. Issuers that voluntarily use the designation ‘European green bond’ or ‘EuGB’ should follow the same rules across the Union, to increase market efficiency by reducing discrepancies and thereby also reducing the costs of assessing those bonds for investorsbased on the requirements for environmentally sustainable economic activities as outlined in Article 3 of Regulation (EU) 2020/852 regarding taxonomy across the Union, to increase market efficiency by reducing discrepancies and thereby also reducing the costs of assessing those bonds for investors. The requirements laid down in this regulation shall only apply to bonds designated as "Verified Green Bonds" or "VGB". Other sustainable bonds shall not be affected by this regulation.
Amendment 244 #
2021/0191(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) A uniform set of specific requirements should therefore be laid down for bonds issued by financial or non- financial undertakings or sovereigns that voluntarily wish to use the designation ‘European green bond’ or ‘EuGB’ for such bonds. Specifying quality requirements for European green bonds in the form of a Regulation should ensure that there are uniform conditions for the issuance of such bonds by preventing diverging national requirements that could result from a transposition of a Directive, and should also ensure that those conditions are directly applicable to issuers of such bonds. Issuers that voluntarily use the designation ‘European green bond’ or ‘EuGB’ should follow the same rules across the Union, to increase market efficiency by reducing discrepancies and thereby also reducing the costs of assessing those bonds for investors. The requirements laid down in this regulation shall only apply to bonds designated as ‘European green bond’ or ‘EuGB’. Other sustainable bonds that do not carry this designation shall not be affected by this regulation.
Amendment 250 #
2021/0191(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) In order to achieve the objective of becoming the international "gold standard" for green bonds, the regulation shall remain voluntary, to maintain and promote its attractiveness for both domestic and international market participants.
Amendment 254 #
2021/0191(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) In accordance with Article 4 of Regulation (EU) 2020/852, and in order to provide investors with clear, quantitative, detailed and common definitions, the requirements set out in Article 3 of that Regulation should be used to determine whether an economic activity qualifies as environmentally sustainable. Proceeds of bonds that use the designation ‘European green bond’ or ‘EuGB’ should exclusively be used to fund economic activities that either are environmentally sustainable and are thus aligned with the environmental objectives set out in Article 9 of Regulation (EU) 2020/852, or contribute to the transformation of activities to become environmentally sustainable, allowing however for specific cases where the environmental objectives set out in Article 9 of Regulation (EU) 2020/852, may not be directly applicable as a result of factors such as the innovative nature, the complexity, and/or the location of the activity. Those bonds can however be used both to finance such environmentally sustainable activities directly through the financing of assets and expenditures that relate to economic activities that meet the requirements set out in Article 3 of Regulation (EU) 2020/852, or indirectly through financial assets that finance economic activities that meet those requirements. It is therefore necessary to specify the categories of expenditures and assets that can be financed with the proceeds of bonds that use the designation ‘European green bond’ or ‘EuGB’.
Amendment 268 #
2021/0191(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) This regulation aims to create a gold standard for sustainable bonds and should therefore be fully aligned with the taxonomy for sustainable investments.
Amendment 270 #
2021/0191(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Sovereigns are frequent issuers of environmentally sustainable bonds and should therefore also be allowed to issue ‘European green bonds’, provided that the proceeds of such bonds are used to finance either assets or expenditure that meet the taxonomy, or assets or expenditure that will meet those requirements within a reasonably short period from the issuance of the bond concerned, which can be extended however where duly justified by the specific features of the economic activities and investments concerned. For financial stability reasons, European green bonds shall not enjoy any beneficial prudential treatment or beneficial treatment under the stability and growth pact.
Amendment 272 #
2021/0191(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Sovereigns are frequent issuers of environmentally sustainable bonds and should therefore also be allowed to issue ‘European green bonds’, provided that the proceeds of such bonds are used to finance either assets or expenditure that meet the taxonomy, or assets or expenditure that will meet those requirements within a reasonably short period from the issuance of the bond concerned, which can be extended however where duly justified by the specific features of the economic activities and investments concerned as established by the European Commission.
Amendment 284 #
2021/0191(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) The time needed to transform an asset to align the economic activity to which it relates with the taxonomy requirements should reasonably not exceed fiveeight years, except in certain circumstances where it may take up to twelven years. For that reason, eligible capital expenditure should relate to economic activities that meet or will meet the taxonomy requirements within fiveeight years from the issuance of the bond, unless a longer period of up to twelven years is justified by the specific features of the economic activities and investments concerned as established by the Commission.
Amendment 288 #
2021/0191(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) In light of the better regulation principle, the assessment of the overall environmental rationale and impact of an issuer should be done based on the issuer's strategy disclosed under Directive (EU) 2014/95 and Regulation (EU) 2019/2088. In order not to create double standards, no further disclosure of an environmental strategy shall be necessary.
Amendment 289 #
2021/0191(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) European Green Bonds are financial products based on taxonomy aligned projects and issuers who do not have entity-level transition plans detailing their path to climate neutrality by 2050 should be able to emit European Green Bonds if they respect the requirements specified in this regulation;.
Amendment 290 #
2021/0191(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) While this regulation introduces clear criteria for the use of the proceeds generated by a green bond issuance, this regulation shall not introduce any additional entity-level requirements for the issuer.
Amendment 291 #
2021/0191(COD)
Proposal for a regulation
Recital 12 b (new)
Recital 12 b (new)
(12b) Issuers of European green bonds should however adhere to an entity-level requirement. Issuers should not be engaged in tax avoidance practices via countries on the EU list of non- cooperative jurisdictions for tax purposes.
Amendment 306 #
2021/0191(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) To improve transparency, issuers should also disclose the environmental impact of their bonds by means of the publication of impact reports, which should be published at least once during the lifetimeevery five years until maturity of the bond. In order to provide investors with all information relevant to assess the environmental impact of European green bonds, impact reports should clearly specify the metrics, methodologies and assumptions applied in the assessment of the environmental impacts. To strengthen the comparability of European green bonds and to facilitate the localisation of relevant information, it is necessary to lay down templates for the disclosure of such information. The impact reports should be subject to scrutiny by external reviewers.
Amendment 333 #
2021/0191(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation lays down uniform requirements for issuers of bonds that wish to use the designation ‘European green bond’ or ‘EuGB’ for their environmentally sustainable bonds made available to investors in the Union, and establishes a registration system and supervisory framework for external reviewers of European green bonds. This Regulation, or certain elements of this Regulation, shall not apply to other bonds currently marketed as sustainable in the Union.
Amendment 334 #
2021/0191(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation lays down uniform requirements for issuers of bonds that wish to use the designation ‘European green bond’ or ‘EuGB’ for their environmentally sustainable bonds made available to investors in the Union, and establishes a registration system and supervisory framework for external reviewers of European green bonds. This Regulation shall not apply to other bonds marketed as sustainable in the Union.
Amendment 337 #
2021/0191(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point f
Article 2 – paragraph 1 – point 3 – point f
Amendment 348 #
2021/0191(COD)
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Before maturity of the bond, the proceeds of European green bonds shall be exclusively and fully allocated, without deducting costs, to the following, or a combination thereof:
Amendment 356 #
2021/0191(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
The use of proceeds referred to in Article 4 shall relate to economic activities that meet the taxonomy requirements, or that will meet the taxonomy requirements within a defined period of time as set out in a taxonomy-alignment plan. Costs related to cases where the environmental objectives set out in Article 9 of Regulation (EU) 2020/852 are not directly applicable as a result of factors such as the innovative nature, the complexity, and/or the location of the activity and the costs related to the issuance costs of the bond shall also be covered by the bond proceeds.
Amendment 364 #
2021/0191(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 3
Article 6 – paragraph 1 – subparagraph 3
The period referred to in the first and second subparagraph shall not exceed fiveeight years from bond issuance, unless a longer period of up to ten12 years is justified by the specific features of the economic activities concerned as documented in a taxonomy- alignment plan. The Commission shall adopt delegated acts in accordance with Article 60 in order to supplement this Regulation by outlining the list of economic activities that qualify for the application of the extended period of up to 12 years.
Amendment 365 #
2021/0191(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 3
Article 6 – paragraph 1 – subparagraph 3
The period referred to in the first and second subparagraph shall not exceed fiveeight years from bond issuance, unless a longer period of up to ten12 years is justified by the specific features of the economic activities concerned as documented in a taxonomy- alignment plan.
Amendment 385 #
2021/0191(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 2
Article 7 – paragraph 1 – subparagraph 2
Where the delegated acts adopted pursuant to Articles 10(3), 11(3), 12(2), 13(2), 14(2) or 15(2) of Regulation (EU) 2020/852 are amended following the issuance of the bond, the issuer shall allocate bond proceeds to the uses referred to in the first subparagraph by applying the amended delegated acts within five10 years after their entry into application.
Amendment 387 #
2021/0191(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 2
Article 7 – paragraph 2 – subparagraph 2
Amendment 390 #
2021/0191(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 3
Article 7 – paragraph 2 – subparagraph 3
Where the delegated acts adopted pursuant to Articles 10(3), 11(3), 12(2), 13(2), 14(2) or 15(2) of Regulation (EU) 2020/852 are amended following the creation of the debt referred to in the first subparagraph, the issuer shall allocate bond proceeds to the debt referred to in the first subparagraph by applying the amended delegated acts within five years afnot be required to reallocater their entry into application bond proceeds.
Amendment 392 #
2021/0191(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 3
Article 7 – paragraph 2 – subparagraph 3
Where the delegated acts adopted pursuant to Articles 10(3), 11(3), 12(2), 13(2), 14(2) or 15(2) of Regulation (EU) 2020/852 are amended following the creation of the debt referred to in the first subparagraph, the issuer shall allocate bond proceeds to the debt referred to in the first subparagraph by applying the amended delegated acts within five10 years after their entry into application.
Amendment 398 #
2021/0191(COD)
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. As of the entry into force of this Regulation and at least for ten years thereafter, the use of the designation ‘Verified green bonds’ or ‘VGB’ shall remain voluntary for all issuers.
Amendment 402 #
2021/0191(COD)
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Amendment 418 #
2021/0191(COD)
Proposal for a regulation
Article 9 – paragraph 6
Article 9 – paragraph 6
6. Issuers of European green bonds shall provide the allocation reports referred to in paragraph 3, 4, and 5 to an external reviewer within 30 daysix months following the end of the year to which the allocation reports refer. The post-issuance review must be made public within 90 days following the receipt of the allocation report.
Amendment 419 #
2021/0191(COD)
Proposal for a regulation
Article 9 – paragraph 6
Article 9 – paragraph 6
6. Issuers of European green bonds shall provide the allocation reports referred to in paragraph 3, 4, and 5 to an external reviewer within 30 days following the end of the year to which the allocation reports refer. Tand have the post-issuance review must be made public within 9120 days following the receiptend of the year to which the allocation reports refer.
Amendment 423 #
2021/0191(COD)
Proposal for a regulation
Article 9 – paragraph 7 – point a
Article 9 – paragraph 7 – point a
(a) an assessment of whether the issuer has allocated the proceeds of the bond in compliancealignment with Articles 4 to 7 based on the information provided to the external reviewer;
Amendment 424 #
2021/0191(COD)
Proposal for a regulation
Article 9 – paragraph 7 – point b
Article 9 – paragraph 7 – point b
(b) an assessment of whether the issuer has complialigned with the intended use of proceeds set out in the green bond factsheet based on the information provided to the external reviewer;
Amendment 427 #
2021/0191(COD)
Proposal for a regulation
Article 9 – paragraph 8
Article 9 – paragraph 8
8. Where bond proceeds are allocated to tax relief as referred to in Article 4(2), point (c) or subsidies as referred to in Article 4(2), point (d), the post-issuance review shall only assess compliancethe extent to which the issuer has aligned with Articles 4 to 7 of the terms and conditions under which those expenditures or transfers have been disbursed, based on the information provided to the external reviewer.
Amendment 429 #
2021/0191(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Issuers of European green bonds shall, after the full allocation of the proceeds of such bonds and at least once during the lifetimeevery five years until the maturity of the bond, draw up a European green bond impact report on the environmental impact of the use of the bond proceeds by using the template laid down in Annex III. That report shall be subject to scrutiny by external reviewers.
Amendment 435 #
2021/0191(COD)
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
1. Issuers of European green bonds shall publish on their websiteat least their own website and that of trading venues where the admission to trading is sought, in a distinct section titled ‘European green bonds’ and make available free of charge until at least the maturity of the bonds concerned, all of the following:
Amendment 437 #
2021/0191(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point c
Article 13 – paragraph 1 – point c
(c) the European green bond annual allocation reports referred to in Article 9, every year until the full allocation of the proceeds of the European green bond concerned, no later than three months following the end of the year it refers towithout undue delay;
Amendment 444 #
2021/0191(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. External reviewers for European green bonds shall, before taking up their activities, register with ESMAa recognised registration authority.
Amendment 445 #
2021/0191(COD)
Proposal for a regulation
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1a. The recognised registration authority referred to in paragraph 1 shall be the national competent authority of the Member State of the registered office of the external reviewer, with the exception of external reviewers that are already subject to the supervision of ESMA in accordance with Union law. In such cases, the recognised registration authority shall be ESMA. For the purpose of the first subparagraph, the national competent authority shall be an authority designated by national law as having responsibility for the supervision of financial market participants or auditors. National competent authorities shall notify ESMA of the information required for the establishment of the publicly accessible register referred to in Article 59 with regard to the external reviewers that have registered with them.
Amendment 446 #
2021/0191(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. External reviewers registered with ESMAa recognised registration authority shall meet the conditions for registration laid down in Article 15(2) at all times.
Amendment 453 #
2021/0191(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point a – point i
Article 15 – paragraph 2 – point a – point i
Amendment 455 #
2021/0191(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point a – point iv
Article 15 – paragraph 2 – point a – point iv
(iv) is experienced in either quality assurance, quality control, the performance of pre- and post-issuance reviews and, the provision of second party alignment opinions, or financial services;
Amendment 467 #
2021/0191(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
Amendment 469 #
2021/0191(COD)
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
Amendment 478 #
2021/0191(COD)
Proposal for a regulation
Article 30 – paragraph 1 – introductory part
Article 30 – paragraph 1 – introductory part
1. External reviewers shall publish and make available free of charge on their websites and on the relevant trading venue all of the following:
Amendment 500 #
2021/0191(COD)
Proposal for a regulation
Article 64 – paragraph 1
Article 64 – paragraph 1
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. It shall apply from ... [one year after the date of entry into force of this Regulation].
Amendment 501 #
2021/0191(COD)
Proposal for a regulation
Article 64 – paragraph 1
Article 64 – paragraph 1
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. It shall apply from ... [one year after the date of entry into force of this Regulation].
Amendment 503 #
2021/0191(COD)
Proposal for a regulation
Annex I – point 3 a (new)
Annex I – point 3 a (new)
Environmental strategy and rationale In line with the better regulation principle, and to avoid double regulation, issuers' environmental strategy and rationale is disclosed under Directive (EU) 2014/95 and Regulation (EU) 2019/2088. No additional provisions at entity-level on their overall environmental strategy and rationale shall be added in this Regulation.
Amendment 506 #
2021/0191(COD)
Proposal for a regulation
Annex I – point 5 a (new)
Annex I – point 5 a (new)
5a. Entity level requirement – An indication of the issuer’s activity in jurisdictions listed in Annex I and Annex II to the EU list of non- cooperative jurisdictions for tax havens and their real economic presence in these jurisdictions in terms of assets, full time employees, sales and taxes paid in these jurisdictions]
Amendment 1 #
2020/2273(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that the damage to the planet’s biodiversity is almost at the point of no return and that biodiversity loss is a driver of zoonotic pathogens such as COVID-19biodiversity is declining globally at unprecedented rates in human history, and the rate of species extinctions is accelerating, impacting human health worldwide in a variety of ways; highlights the scientific evidence on the role of unsustainable trade in biodiversity loss, in particular with regard to trade in minerals, biomass and certain agricultural commodities, and biodiversity loss due to global land-use changes, invasive alien species, overexploitation of resources and pollution; reminds of the targets agreed under the 2021-2027 MFF for achieving a biodiversity spending level of 10% and a climate mainstreaming spending level of 30%, applying a robust, transparent and comprehensive methodology; notes the severe economic difficulties experienced by European businesses caused by the pandemic, therefore believes that the strategy needs to support both biodiversity and jobs, allowing businesses to recover by maintaining competitiveness and openness to trade, in line with the Green Deal’s objectives and the “do no significant harm“ principle, to ensure sustainable economic growth;
Amendment 5 #
2020/2273(INI)
Motion for a resolution
Citation 17 b (new)
Citation 17 b (new)
- having regard to its report on the European Forest Strategy - The Way Forward1a, _________________ 1a Texts adopted, P9_TA(2020)0257
Amendment 20 #
2020/2273(INI)
Motion for a resolution
Citation 17 a (new)
Citation 17 a (new)
- having regard to its resolution of 15 November 2017 on an Action Plan for nature, people and the economy1a, _________________ 1a Texts adopted, P8_TA(2017)0441
Amendment 28 #
2020/2273(INI)
Draft opinion
Paragraph 2 – point 1 (new)
Paragraph 2 – point 1 (new)
(1) Believes that the EU should promote sustainable economic growth as a priority for developing countries in expanding, transforming their economies and attaining development benefit, noting that trade can be an enabler for achieving environmental goals, in addition to social and economic goals; notes that trade and investment in biodiversity-based products and services can incentivise the reduction of over-exploitation of biodiversity while enabling the creation of more sustainable economic sectors that contribute to inclusive growth and sustainable production, trade and consumption patterns; underscores that market incentives and capacity building should be made accessible to businesses to engage them in smart, sustainable and inclusive growth as well as help them meet consumer expectations and the increasing demands for respecting nature;
Amendment 36 #
2020/2273(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Considers it crucial that the Commission foster a non-product related process and production method approach in order to support measures that set out to prevent further biodiversity loss, on the basis of Ar under a secure, predictable and non- discriminatory framework, that is compaticble XX of the General Agreement on Tariffs and Tradewith the WTO, with respect to domestic products and products exported by third countries;
Amendment 53 #
2020/2273(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Requests that the Council in its draft mandate of future agreements and, on the occasion of the review of existing agreements, makeprioritise effective implementation of the Convention on Biological Diversity (CBD), together with the Paris Agreement, an essential element of free trade agreementsin trade and investment agreements and reaffirm commitments towards the Convention on International Trade in Endangered Species (CITES), together with the verifiable targets of the Paris Agreement, an essential element of free trade agreements; believes that tariff conditionalities must be workable in practice and not simply lead to trading partners trading outside of FTAs and should incentivise improvements in sustainable development; highlights that the Aichi Biodiversity Targets have not been implemented as expected and global biodiversity is facing a severe situation, directly threatening human’s interests including food, health and security; notes that new targets for CBD post-2020 global biodiversity framework, including on trade issues covering wildlife and flora, are set to be agreed during COP 15; calls on the Commission to advocate for increasing ambition in targets for the protection of biodiversity, including for quantifiable indicators and effective monitoring mechanisms; highlights that the CBD is a universal agreement of 196 parties, therefore calls on the US and the Vatican City to join the agreement;
Amendment 58 #
2020/2273(INI)
Draft opinion
Paragraph 5 – subparagraph 1 (new)
Paragraph 5 – subparagraph 1 (new)
5a. Calls on Member States to mainstream the conservation and sustainable use of biodiversity at national, regional and local levels through sectoral and cross-sectoral policies including trade, plans and programs, to establish an effective institutional, legislative and regulatory framework that incorporates an approach that is inclusive; underscores the importance of openness and predictability to European businesses, especially SMEs, and that there needs to be increased communication and capacity building to allow SMEs from taking full advantage of trade agreements in a sustainable way;
Amendment 61 #
2020/2273(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Urges the EU to adopt a whitelist of endangered speciimprove the training of customs officials, increase technical knowledge and provide adequate resources to efsignificieantly combat the illegal trade thereof, to improve the training of customs officials and to support the establishment of a mechanism to prohibit the export of nationally protected endangered species in their countries of origin; enhance enforcement capabilities to monitor the trade in protected endangered species and further strengthen the fight against illegal wildlife trade; notes that over 38,700 species, including roughly 5,950 species of animals and 32,800 species of plants, are protected by CITES against over exploitation through international trade; notes that the adoption of a whitelist of endangered species would require an overhaul of the existing international wildlife trade regime to be effective; therefore, believes that further resources be allocated to strengthen enforcement measures under the existing international structures;
Amendment 76 #
2020/2273(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas agriculture supports 9.6 million jobs in Europe, Natura 2000 has been estimated to support 52 000 direct and indirect jobs in conservation management, and 3.1 million (a quarter) of tourism jobs have links to protected areas;1a _________________ 1aIEEP(2017). Natura 2000 and Jobs Scoping Study. Executive summary.
Amendment 76 #
2020/2273(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Welcomes the Commission’s intention to present a legislative proposal in Spring 2021 that will prohibit the placing of products associated with deforestation or forest degradation from the EU market; calls on the Commission to adopt a moraechanism for effective monitoriumng onf imports of wild animals from reported emerging infectious disease hotspots, with a view of possible intervention if safety concerns are not adequately addressed;
Amendment 80 #
2020/2273(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas the security of supply of food and the production of renewable energy has to be ensured when setting new targets on the Biodiversity Strategy;
Amendment 81 #
2020/2273(INI)
Motion for a resolution
Recital B c (new)
Recital B c (new)
Bc. whereas Europe accounts for more protected areas than any other region of the world and the last decades saw a great increase in both the number of protected areas and the total surface area that has received protected status;1a _________________ 1aEuropean Environment Agency (2012). Protected Areas in Europe – an Overview.
Amendment 84 #
2020/2273(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Calls on the Commission to prioritise capacity building for beneficiary countries to implement the CBD under the Neighbourhood, Development and International Cooperation Instrument and Aid for Trade; calls on the Commission to promote synergies with other conventions, international organisations and third countries when facilitating and implementing capacity building activities in relation to protection of biodiversity, to ensure an integrated and coordinated approach to capacity building and technical and scientific cooperation; recognises that many countries lack capacity to sufficiently implement biodiversity protective measures; therefore, calls on the Commission to increase capacity building, including knowledge transfers, technology sharing and skills training, to empower countries to better manage their biodiversity and benefit from their ecosystem services.
Amendment 181 #
2020/2273(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses the need for a well- balanced Biodiversity Strategy taking into account both environmental, economic and health aspects;
Amendment 184 #
2020/2273(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Regrets that while the Union has neither fully met the 2020 biodiversity strategy objectives nor the global Aichi Biodiversity Targets, good progress has been achieved in protecting and sustainably using biodiversity both in marine and terrestrial areas1a; _________________ 1a https://ec.europa.eu/fisheries/press/sustai nable-fisheries-commission-takes-stock- progress-implementation-eus-common- fisheries_en
Amendment 188 #
2020/2273(INI)
Motion for a resolution
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Recognises the efforts made until now by the EU Member States and by different sectors and stakeholders, especially in agriculture and forestry; highlights the fact that sustainable and effective management of natural processes is of the utmost importance for maintaining biodiversity, particularly in relation to the negative impact of climate change; acknowledges that the EU already has the largest coordinated network of protected areas in the world;
Amendment 189 #
2020/2273(INI)
Motion for a resolution
Paragraph 2 d (new)
Paragraph 2 d (new)
2d. Notes the significant achievements of sustainable forest management since the 1990s in increasing the land-area covered by forests in Europe by 9 % and simultaneously strengthening carbon storage in the European forests by 50 %, while maintaining the populations of common bird species1a; highlights the importance of long-term sustainable management and use of peatlands and forests, as well as protection; considers sustainable forest management as an effective way to maintain and enhance biodiversity, the vitality of forests and the adaptation to changing conditions, as well as to prevent damages, such as pests, non- native species and diseases, also in the protected areas; _________________ 1a State of Europe's Forests 2020
Amendment 196 #
2020/2273(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that the pandemic has demonstrated the importance of the ‘One Health’ principle in policy-making and that transformative changes in the lifestyle of the whole society are needed; calls for an urgent rethinking of how to align the Union’s current policies with the changes needed; highlights how the pandemic has also demonstrated the importance of a resilient food system to ensure that European citizens have access to safe, affordable and high quality products even under challenging conditions and this should not be taken for granted;
Amendment 220 #
2020/2273(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Commission to carry out an Impact Assessment on every single target set within the Biodiversity Strategy, to ensure that every measure set increases biodiversity by itself;
Amendment 221 #
2020/2273(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Recommends that a thorough scientific investigation be carried out at EU level to assess the effectiveness and enforcement of EU legislation in the fight against wildlife trafficking and the measures taken against it; calls for a broad international approach and cooperation on pandemic prevention and for enhanced law enforcement on all aspects of the illegal wildlife trade;
Amendment 226 #
2020/2273(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Calls on the Commission to carry out holistic and cumulative impact assessments of the implementation of the strategy’s measures and targets on the social and economic sustainability of agriculture and forestry in and outside of the EU, and on food security and prices;
Amendment 270 #
2020/2273(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Underlines that for the successful conservation of protected areas, including strictly protected areas, decision-making at the site level together with the Member States should be promoted, taking into account regional characteristics within the EU and the international obligations resulting from the post-2020 Global Biodiversity Framework to be agreed at the upcoming 15th Conference of the Parties to the Convention on Biological Diversity;
Amendment 291 #
2020/2273(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Expresses its concern about a possible common EU-level definition on old-growth forests;
Amendment 298 #
2020/2273(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Recalls the European Parliament Resolution of 15 November 2017 on an Action Plan for nature, people and the economy and reiterates its call to the Commission to fully implement the Habitats Directive by developing an assessment procedure to enable the protection status of species in particular regions to be amended as soon as the desired conservation status is reached;
Amendment 310 #
2020/2273(INI)
Motion for a resolution
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Notes that urban areas accounted for 22.5%of the EU’s total land area in 2014, of which cities represented 4%1a and suburbs and towns 13%, together covering one sixth of the land area, and are expected to grow; calls for a proportional share of at least one sixth of protected areas to be realised in urban areas, as this is not only crucial to contribute to the overall protection targets, but also for improving air quality, providing opportunities for recreation, and increasing overall well-being; _________________ 1aOECD: https://stats.oecd.org/Index.aspx?DataSet Code=BUILT_UP and Eurostat: https://ec.europa.eu/eurostat/statistics- explained/index.php/Territorial_typologie s_manual_-_degree_of_urbanisation
Amendment 322 #
2020/2273(INI)
Motion for a resolution
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Calls on the Commission to set targets for using renaturation in urban areas as an opportunity;
Amendment 325 #
2020/2273(INI)
Motion for a resolution
Paragraph 4 e (new)
Paragraph 4 e (new)
4e. Calls on the Commission and the Member States, to clarify and harmonise the definitions and terminology, concepts and statistics in use (e.g. intact forests) and to ensure the coherence of the policies and measures adopted;
Amendment 327 #
2020/2273(INI)
Motion for a resolution
Paragraph 4 g (new)
Paragraph 4 g (new)
4g. Emphasises the importance of peatlands, which are the largest (fossil) carbon reservoirs on earth, although they occupy only 3% of the land surface; calls for species' protection and climate reasons, that the protection of peatlands and wetland habitats should be given a particularly high priority;
Amendment 368 #
2020/2273(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the Member States to safeguard the genetic diversity of wild species through in situ and ex situ conservation measures and to apply these measures in an integrated manner, following the One Plan Approach;
Amendment 396 #
2020/2273(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Underlines that the Biodiversity Strategy’s actions must adequately tackle all five main direct drivers of change in nature: in the European Union: climate change and invasive alien species; pollution; changes in land and sea use; and direct exploitation of organisms; climate change; pollunotes that these five drivers stem from a combination of current production; and invasive alien speciconsumption patterns, population dynamics, trade, technological innovations and governance models;1a _________________ 1aIPBES (2020), The global assessment report on Biodiversity and Ecosystem Services;
Amendment 406 #
2020/2273(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Welcomes that the mandate of the European Parliament on the future Common Agricultural Policy (CAP) makes the protection and enhancement of biodiversity a cornerstone by enshrining the improvement of biodiversity principles in its conditionality criteria and supporting agricultural practices that contribute to the protection of biodiversity in the ecoschemes and national climate plans;
Amendment 418 #
2020/2273(INI)
Motion for a resolution
Subheading 4 a (new)
Subheading 4 a (new)
Welcomes that the mandate of the European Parliament on the future Common Agricultural Policy (CAP) makes the protection and enhancement of biodiversity a cornerstone by enshrining the improvement of biodiversity principles in its conditionality criteria and supporting agricultural practices that contribute to the protection of biodiversity in the ecoschemes and national climate plans;
Amendment 435 #
2020/2273(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Highlights that soil biodiversity is the basis for key ecological processes; notes with concern the increased soil degradation and the lack of specific EU legislationsealing; calls on the Commission to submit a legislative proposal for the establishment of a common frameworknew Soil Strategy for the protection and sustainable use of soil that includes a specific decontamination target;
Amendment 446 #
2020/2273(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Recalls that water pollution and water exploitation are a major threat to global biodiversity; notes that rivers, wetlands as well as marine and coastal ecosystems play a fundamental role in regulating water and the climate as they serve as important carbon sinks; welcomes the Commission’s commitment to restore 25.000 km of free-flowing rivers in the EU and flood-plains;
Amendment 477 #
2020/2273(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Notes that in the Union, urbanisation and leisure activities account for 13% of all reported pressures on nature overall, and 48 % of all marine pressures1a; _________________ 1aEuropean Environment Agency (2020). State of the Nature in the EU.
Amendment 478 #
2020/2273(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Calls on Member States to encourage more conservation farming where possible, which reduces soil management practices to a minimum, through the use of innovative technologies such as ‘no-till-drills’, in order to help restore and build soil organic matter, soil moisture, carbon storage in the uppermost soil layers and prevent soil erosion overall;
Amendment 505 #
2020/2273(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Expresses its support for the 2030 targets of bringing at least 25 % of agricultural land under organic farm management, which should become the norm in the long term,needs to go hand in hand with market developments and ensuring that at least 10 % of agricultural land consists of high-diversity landscape features, which should be implemented at farm level, targets which should both be incorporated into EU legisla or extensively managed farmland (e.g. orchard meadows, alpine pastures and meadows, wet meadows) which should be cumulatively assessed before incorporated into EU legislation, in particular in light of potential trade-offs for land availability and prices, which may result in more intensive production; considers it imperative that active farmers receive more support and trainingor are provided with knowledge and training, technology and innovation as well as legal certainty in the transition towards more agroecological practices as well as appropriate remuneration of their biodiversity-friendly produced products on market;
Amendment 542 #
2020/2273(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Stresses that many Member States already follow as many ecological practices as possible; underlines that it must be taken into account that not all farmers have the possibility to switch to organic farming; mentions that conventional farming can also contribute to increasing biodiversity;
Amendment 572 #
2020/2273(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Underlines that the achievement of a protection objective through a conservation figure (percentage) has lower importance, than the quality of protection zones that are established, which really cover an area with an ecological value;
Amendment 613 #
2020/2273(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Insists that priority for protected areas must be environmental conservation and restoration and that no activity in these areas should undermine this goal; calls on the Commission to avoidensure that future marine renewable energy developments anre based on strict assessments of the impacts on biodiversity and ecosystems and to avoid bottom-trawling fishing within Marine Protected Areas;
Amendment 619 #
2020/2273(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Insists that priority for protected areas must be environmental conservation and restoration and that no activity in these areas should undermine this goal; calls on the Commission to avoid future marine renewable energy developments anCalls on the Commission, working together with Member States, to put forward criteria and guidance for appropriate management planning of designated protected areas; calls on the Commission to avoid bottom-trawling fishing within Marine Protected Areas;
Amendment 648 #
2020/2273(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Underlines thate importance of the new EU Forest Strategy must be fully aligned with the as a holistic strategy on forest related matters, which should be fully aligned and coherent with the targets of the Climate Law and the Biodiversity Strategy; calls for the inclusion in, including the Nature Restoration Plan of specific binding targets for the protection and restoration of forest ecosystems, which should also be incorportake into account the specific situation in the Member Stateds into the Forest Strategy consultation with national authorities;
Amendment 667 #
2020/2273(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses that the Union’s tree planting initiatives should be based on proforestation, sustainable reforestation and the greening of urban areassustainable afforestation, the implementation of agroforestry, climate adapted reforestation and the greening of urban areas, acknowledging Member States’ legal competences concerning the implementation in the fields of forestry as well as urban and spatial planning; calls on the Commission to ensure that these initiatives are carried out only in a manner compatible with and conducive to the biodiversity objectives;
Amendment 715 #
2020/2273(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Expresses its concern that the majority of the ranges of terrestrial species will decrease significantly in a 1.5 to 2°C scenario; highlights, therefore, the need to prioritise environmentally friendly and nature-based solutions in meeting climate mitigation goals and in adaptation strategies and to increase the protection of natural carbon sinks in the EU, while ensuring to use the full potential of biogenic resources in order to achieve the phasing-out of fossil fuels as fast as possible in order to achieve the objective of the Paris Agreement;
Amendment 752 #
2020/2273(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Commission to prepare a long-term EU action plan on climate and biodiversity thatBelieves that the European Green Deal should be the framework to improves coherence and interconnections for future actions, and integrates commitments under the post-2020 Global Biodiversity Framework and the Paris Agreement;
Amendment 755 #
2020/2273(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Considers that sustainably managed forests and resulting wood- based products are essential in achieving the UN SDGs and European Green Deal targets and in tackling climate change by strengthening carbon stocks in forests and wood-products and by facilitating material substitution; Emphasises that to ensure consistency, these benefits should be horizontally recognised in EU's forest- related policies, including those on biodiversity;
Amendment 766 #
Amendment 768 #
2020/2273(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. WelcomNotes the Commission’s targets of reducing the use of more hazardous and chemical pesticides by 50 %, the use of fertilisers by at least 20 % and nutrient losses by at least 50 % by 2030, which should be made bindingreducing nutrient losses by up to 50 % which will result in the reduction in the use of fertilisers by up to 20% by 2030; stresses that those reduction targets need to be accompanied by an increase in research and development of alternative plant protection products and fertilisers as well as application methods and technologies if the EU truly wants to become the front runner in terms of sustainable and environmentally friendly agriculture; calls on the Commission to carry out an impact assessment and the Member States to offer farmers a tool box of alternatives for plant protection and fertilisation in order to ensure the security of supply with high-quality and biodiversity-friendly produced food; calls on the co-legislators to take these targets duly into consideration in the upcoming legislative initiatives; considers that the derogation envisaged in Article 53(1) of Regulation (EC) No 1107/2009 should be clarified and must only be applied for health and environmental reasons;
Amendment 793 #
2020/2273(INI)
Motion for a resolution
Paragraph 18 – subparagraph 1 (new)
Paragraph 18 – subparagraph 1 (new)
Calls on the Commission to establish a plan for the compensation of the loss of income of farmers, which may result due to the biodiversity targets set and the interlinked decline in production;
Amendment 797 #
2020/2273(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Welcomes the inclusion of urban and peri-urban areas; stresses that the simple development of Urban Greening Plans for cities is too unambitious compared to the clearly formulated targets for the agricultural sector; calls on the Commission to formulate ambitious and binding targets for urban areas such as a reduction of mowing of urban green spaces as well as on cutting hedges and trees during the bird breeding and rearing season, minimum share of green roofs on new buildings and the reduction of the use of plant protection products and fertilisers on areas that are not used for food production, etc.;
Amendment 815 #
2020/2273(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. Underlines that European farmers play a crucial role in the protection of nature and make important contributions to biodiversity;
Amendment 818 #
2020/2273(INI)
Motion for a resolution
Paragraph 18 c (new)
Paragraph 18 c (new)
18c. Is convinced that the Biodiversity Strategy needs to work with farmers to further increase contributions to biodiversity based on specific support for farmers from the MFF;
Amendment 821 #
2020/2273(INI)
Motion for a resolution
Paragraph 18 d (new)
Paragraph 18 d (new)
18d. Stresses that the Biodiversity Strategy should fully take into account the upcoming agreement on the CAP Strategic Plans and avoid additional legal burdens and uncertainty for farmers after the agreement of the new CAP;
Amendment 824 #
2020/2273(INI)
Motion for a resolution
Paragraph 18 f (new)
Paragraph 18 f (new)
18f. Calls, in this regard, on the Commission and the Member States to ensure equal product and production standards and effective controls of the agricultural products imported from third countries with a view to ensuring a level playing field for European food production and a high level of protection and underlines that the supply with high- quality foodstuff from EU farmers must be an overall target;
Amendment 826 #
2020/2273(INI)
Motion for a resolution
Paragraph 18 h (new)
Paragraph 18 h (new)
18 h. Calls on the Commission to establish an EU-plan on planting useful trees in cities and urban areas; proposes that every second new planted tree should be contributing in being useful (e.g. fruit trees), which can furthermore contribute to increasing biodiversity in cities;
Amendment 827 #
2020/2273(INI)
Motion for a resolution
Paragraph 18 i (new)
Paragraph 18 i (new)
18 i. Calls on the Commission to include public lawn and public green spaces in cities and urban areas similar to the proposed strictly protected areas targets, to help to increase biodiversity and the protection of pollinators in these areas;
Amendment 828 #
2020/2273(INI)
Motion for a resolution
Paragraph 18 j (new)
Paragraph 18 j (new)
18 j. Calls on the Commission to prepare an action plan on soil sealing of parking spots within cities and urban areas;
Amendment 854 #
2020/2273(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Commission and Member States to ensure that the objectives of the Biodiversity Strategy are fully reflected in the future Zero Pollution Action Plan, which should also address noise and light pollution;
Amendment 855 #
2020/2273(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Highlights that the loss of ecosystems and climate change can lead to a spread of invasive alien species and pathogens in new locations posing a threat to local biodiversity and ecosystems as well as human health; recalls that the loss of habitats forces many species to evade to areas populated by humans thus providing an opportunity for pathogens to pass between animals and people; recalls that this migration increases the risk of pandemics such as the current Covid-19 crisis;
Amendment 863 #
2020/2273(INI)
Motion for a resolution
Subheading 8
Subheading 8
Invasive alien species (IAS) and the spread of pathogens
Amendment 869 #
2020/2273(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Regrets that the list of Union concern represents less than 6 % of IAS present in Europe; calls on the Commission to ensure proper coverage of IAS affecting threatened species on the EU list and to reinforce prevention by introducing mandatory risk assessments prior to the first import of non-native species and by adopting white lists by 2030 at the latest; calls on specific risk management measures to be set up at EU level so as to obtain a common toolbox to effectively control newly identified threats;
Amendment 882 #
2020/2273(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Notes that the correct implementation of the Nature Directives falls not only on Member States but also on the Commission, and in particular as regards the need for an assessment procedure under the Habitats Directive to enable the protection status of species in particular regions to be amended as soon as the desired conservation status is reached;
Amendment 893 #
2020/2273(INI)
Motion for a resolution
Paragraph 21 b (new)
Paragraph 21 b (new)
21b. Expresses concern that IAS already pose a severe threat to food security, the environment and livelihoods, irreversibly damaging protected areas including the biodiversity they harbour and this is being exacerbated by climate change; acknowledges that plant protection products play a critical role by providing a rapid response to defend areas from existing and newly introduced IAS;
Amendment 904 #
2020/2273(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on the Commission to ensure effective biodiversity mainstreaming and proofing across EU spending and programmes on the basis of the EU Taxonomy and the ‘do no significant harm’ principle and to cooperate closely with the co-legislators in developing the tracking methodology; calls on the Commission to provide a comprehensive assessment of how the EUR 20 billion per year needed for nature could be mobilised, to make corresponding proposals for the Union’s annual budget and to examine the need for a dedicated funding instrument for TEN-N; considers that efforts should be made to reach 10 % annual given the existence of the dedicated LIFE Programme for nature and biodiversity; welcomes the agreement to mainstream spending onfor biodiversity under the multiannual financial framework (MFF) as soon as possible from 2021 onwartargets by 7.5% from 2024 and 10% from 2026 onwards; calls for a significant share of this funding to support farmers in reaching the biodiversity targets; calls on the Commission to develop a “biodiversity business case” so that the active preservation of biodiversity done by farmers or land owners will also be funded by private funds;
Amendment 942 #
2020/2273(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Commission to provide an assessment of all subsidies harmfulcounterproductive to the EU - environment with a view to their phasing out by 2030 at the latestpolicy; reiterates its calls for theax reforientation of taxation systems towards an increased use of environmental taxationms supporting the transition to a sustainable economy;
Amendment 969 #
2020/2273(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Highlights the need for a legally binding biodiversity governance framework, similar to the Climate Law, which steers a path to 2050 through a set of binding objectives, including targets for 2030 and the COP15 commitments, and which establishes a monitoring mechanism with smart indicators; calls on the Commission to submit a legal proposal to this end in 2022Welcomes the creation of a comprehensive biodiversity governance framework, based on co-responsibility and co-ownership by all relevant actors, to map obligations and commitments and set out a roadmap to guide their implementation, and which establishes a monitoring mechanism with smart indicators; underlines the need to conduct a thorough impact assessment of the progress and suitability of this governance framework in 2023 before considering further updates and the need for an enhanced approach;
Amendment 1001 #
2020/2273(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Calls on the Commission for a strategy on supporting local value chains as key element for reaching the proposed targets; stresses that small-scaled agriculture requires additional support for realising the proposed targets;
Amendment 1011 #
Amendment 1013 #
2020/2273(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls on the Commission to reinforce biodiversity within Union youth programmes such as the European Voluntary Service, and to launch a Green Erasmus programme focussed on restoration and conservation; reiterates its calls for a specific mission and funding dedicated to biodiversity within future research programmesexchange of knowledge and professionals in the field of restoration and conservation; reiterates its calls to consider establishing a specific mission for biodiversity research and future research programmes to contribute to achieving the overall MFF biodiversity target; points out the importance of showing society the additional efforts required in biodiversity-friendly production methods and the accompanying necessity of additional (private and/or public) funding;
Amendment 1027 #
2020/2273(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Calls on the Commission to facilitate agricultural innovation and the access to these technologies for European farmers in the pursuit of further protecting biodiversity by incentivising technologies, including biopesticides and digital tools with a proportionate and evidence-based regulatory framework which can support the need for monitoring and decision-making;
Amendment 1068 #
2020/2273(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Supports global negotiations that promote a global level playing field for the sustainable EU bioeconomy and help avoiding leakage effects to regions with less stringent environmental regulation, thus promoting employment in the EU, as well as competitiveness, resilience and strategic autonomy of European industries;
Amendment 1169 #
2020/2273(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Urges Member States to fully comply with the obligations set out in existing EU nature legislation and calls on the Commission to swiftly pursue infringement procedures to remedy allpriority cases of non-compliance particularly affecting habitat conservation and to allocate sufficient resources in order to overcome the current delays;
Amendment 1177 #
2020/2273(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30a. Calls on the Commission to establish an evidence-based evaluation of the implementation of the strategy’s measures and targets, in particular of the individual and cumulative impacts on the social and economic sustainability of agriculture in the EU, food security and prices, farmland availability and prices and the potential risks of displacing biodiversity losses abroad by the replacement of local agricultural production with imports;
Amendment 1187 #
2020/2273(INI)
Motion for a resolution
Paragraph 30 b (new)
Paragraph 30 b (new)
30b. Underlines that the correct implementation of nature legislation not only falls on Member States but also with the Commission including the need for an assessment procedure to enable the protection status of species in particular regions to be amended as soon as the desired conservation status is reached, in accordance with Article 19 of Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora;
Amendment 1197 #
2020/2273(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Underlines that the successful implementation of the strategy depends on the involvement of all actors and sectors directly concerned and requires local and regional acceptance; calls on the Commission to create a stakeholder platform for discussion and to ensure an inclusive, equitable and just transition; emphasises the importance of thorough and comprehensive impact assessments of the overall Strategy and any legislative action related to the Strategy; stresses the need to avoid unnecessary administrative burdens in the implementation of the Strategy;
Amendment 1208 #
2020/2273(INI)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. Calls on the Commission to ensure the swift and effective implementation of the recent revision of the Renewable Energy Directive and continue to assess the use of biomass for biofuels as part of the upcoming review; stresses that the use of wood, especially of damaged wood, for bioenergy should increase the size and sustainability of the EU’s and the world’s forests in the light of the rising demand for energy from renewable sources;
Amendment 54 #
2020/2260(INI)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
- having regard to the European Parliament’s report on technological solutions for sustainable agriculture in the EU (2015/2225(INI)),
Amendment 134 #
2020/2260(INI)
Motion for a resolution
Citation 25 a (new)
Citation 25 a (new)
- having regard to the Special Eurobarometer report 504: "Europeans, Agriculture and the CAP",
Amendment 154 #
2020/2260(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Takes note of the Commission’s study on the cumulative economic impact of EU trade agreements on agriculture, showing that both in a conservative and an ambitious scenario the expected effect of trade agreements on EU agri-food trade until 2030 is a positive overall trade balance as well as increased value, numbers which show that EU trade agreements have a positive effect on the EU agricultural sector;
Amendment 204 #
2020/2260(INI)
Motion for a resolution
Recital B
Recital B
B. whereas Europe’s food system should deliver food and nutrition security in a way that contributes to social well- being and maintains and restores ecosystem health; whereas currently, the food system is responsible for a range of impacts on human and animal health and on the environment, the climate and biodiversity; whereas food systems are responsible for 29% of worldwide greenhouse gas emissions thus having a profound effect on the climate, biodiversity, water, air, soil and carbon sinks; whereas the way in which we produce and consume food needs to transform in order to ensure coherence with the SDGs, the Paris Agreement, the Convention on Biological Diversity and EU policies, particularly in the areas of sustainability, the environment, climate, public health, animal welfare, food and economic sustainability for farmers;
Amendment 232 #
2020/2260(INI)
Motion for a resolution
Recital B
Recital B
B. whereas Europe’s food system should deliver food and nutrition security in a way that contributes to social well- being and maintains and restores ecosystem health; whereas currently, the food system is responsible for a range of impacts on human and animal health and on the environment, the climate and biodiversity; whereas the way in which we produce and consume food needs to transform in order to ensure coherence with the SDGs, the Paris Agreement, the Convention on Biological Diversity and EU policies, particularly in the areas of sustainability, the environment, biodiversity, climate, public health, animal welfare, food and economic sustainability for farmers;
Amendment 259 #
2020/2260(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas biodiversity is also crucial for safeguarding food security in the EU; highlights the important role of the European agricultural sector regarding the production of healthy, safe and affordable foods;
Amendment 271 #
2020/2260(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas the uptake of smart farming technologies to continuously monitor animal health and welfare has the potential to ensure effective disease prevention and the implementation of animal welfare standards and thereby ensuring food safety;
Amendment 278 #
2020/2260(INI)
Motion for a resolution
Recital B d (new)
Recital B d (new)
Bd. highlights that the shift towards an healthy and sustainable food policy should be initiated by incentives and education, and not by product bans and advertisement bans or taxes;
Amendment 316 #
2020/2260(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the European model of a multifunctional agricultural-food sector, driven by family farms, continues to ensure quality food production, local supply chains, good agriculture practices, high environmental standards and vibrant rural areas throughout the EU;
Amendment 344 #
2020/2260(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the security of supply of food and the production of renewable energy has to be ensured when setting new targets on the Farm to Fork strategy;
Amendment 352 #
2020/2260(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas the Farm to Fork strategy needs to be well-balanced and taking into account environmental, economic and health aspects;
Amendment 358 #
2020/2260(INI)
Motion for a resolution
Recital D
Recital D
D. whereas it is important that consumers are informed and enabled to take responsibility for the consequences of their choice of food stuffs on the whole food system, from production to processing and distribution; whereas this requires a healthy and sound food environment which ensures that the healthy and sustainable choice is also the easy and affordable choice, and fosters and encourages consumption patterns that support human health while ensuring the sustainable use of natural and human resources and animal welfare; whereas mandatory labelling information on nutrient content and the origin of fresh meat and the primary ingredient as established under Regulation No 1169/2011 on Food Information to Consumers and voluntary labelling schemes on origin, as well as the compliance with animal welfare and sustainability schemes will guide consumers towards a healthy, safe and sustainable nutrition;
Amendment 415 #
2020/2260(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the European food system has played a crucial role during the COVID-19 pandemic, demonstrating its resilience with farmers, processors and retailers working together under difficult conditions, including lockdowns, to ensure that European consumers continue to have access to safe, affordable, and high quality products without impediment while respecting the integrity of the internal market;
Amendment 443 #
2020/2260(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas it became evident that animal health is an essential element in any sustainable food system and impacts on animal health have direct effect on the sustainability of the food system;
Amendment 505 #
2020/2260(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the farm to fork strategy as an important step in ensuring a sustainable, fair and resilient food system, which is central to achieving the goals set out in the European Green Deal and in the SDGs; emphasises the inextricable links between healthy people, healthy societies and a healthy planet, encourages the Commission to translate the strategy into concrete legislative and non-legislative action as soon as possiblewhile stimulating fair competition and creating a level playing field among operators in the agri-food sector;
Amendment 524 #
2020/2260(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses that enabling innovation is key to contribute towards achieving the farm to fork objectives and calls for a regulatory environment and incentives along the whole supply chain to ensure the best technologies that will make a difference, e.g. plant breeding innovation as well as newer, and continuously evolving breeding techniques, which have the potential to enlarge the farmers’ toolbox, to make packaging and transport more sustainable, to advance circular economy and to make food production increasingly more resilient to the pressures of climate change;
Amendment 535 #
2020/2260(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on to carry out an Impact Assessment on every single set target within the farm to fork strategy, to ensure that every set measure ensures a sustainable, fair and resilient food system by itself;
Amendment 627 #
2020/2260(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Commission to provide thorough impact assessments of the strategy’s measures and targets, food security and prices describing the methods of calculation of the targets and the baselines and reference periods of each individual target; emphasises that the impact assessments should cover the individual and combined impact of proposed targets and measures resulting from the farm to fork and biodiversity strategies and other Green Deal initiatives;
Amendment 678 #
2020/2260(INI)
Motion for a resolution
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Calls on the Commission to establish regular evidence-based evaluations of the implementation of the Strategy, in order to adjust the measures and targets to a more restrained or ambitious approach; stresses the importance of appropriate target-related measures taking into account active market demand; calls on the Commission to submit mid-term reviews for every legislative proposal corresponding to the strategy;
Amendment 749 #
2020/2260(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the decision to revise the dDirective on the sustainable use of pesticides and the reduction targets for hazardous pesticides, fertilisers, nutrient losses and antibiotics; emphasises the importance of pursuing these targets through holistic and circular approaches, such as agroecological practices; insists that each Member State should establish robust quantitative reduction targets, accompanied by well- defined support measures ensuring accountability at all levels to help reach these targets; reiteratescalls on the Commission to clarify how it will deal with individual Member States’ contributions to the Union-wide targets and to clarify the baselines for the targets; insists that efficient crop protection must be ensured at all times and that farmers must have access to sufficient active substances; stresses that plant health and thereby yield its call for the translation into legislation of the above targets and objectives and calls on the Commission to clarify how it will deal with individual Member States’ contributions to Union-wide targets and to clarify the baselines for these targetsonly achieved as a result of the correct and needs-based application of pesticides and fertilisers; urges the Commission to review any emergency authorisations given for plant protection products by Member States to avoid distortion of competition and to reach the sustainability targets; insists that antibiotics may be used only to retrieve animal health curatively and not preventively;
Amendment 751 #
2020/2260(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 776 #
2020/2260(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Strongly underlines that the emergency authorisations of pesticides, as it is provided for in the EU legal framework, need to be further allowed in order to ensure the food security of supply within the EU;
Amendment 777 #
2020/2260(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses that the reduction targets of the use of chemical pesticides and fertilisers need to be accompanied by an increase in research and development of alternative plant protection products and fertilisers, as well as application methods and technologies, if the EU truly wants to become the front runner in terms of sustainable and environmentally friendly agriculture; calls on the Commission to carry out an impact assessment and the Member states to offer farmers a tool box of alternatives for plant protection and fertilization in order to ensure the security of supply with high-quality and biodiversity-friendly produced food; calls on the co-legislators to take these targets duly into consideration in the upcoming legislative initiatives;
Amendment 779 #
2020/2260(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Commission to facilitate agricultural innovation and the access to these technologies for European farmers in the pursuit of further protecting biodiversity by incentivising technologies, including biopesticides and digital tools with a proportionate and evidence-based regulatory framework which can support the need for monitoring and decision-making;
Amendment 789 #
2020/2260(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses that all reduction targets and measures included in the Strategy have to be based on a thorough impact assessment evaluating the impact of all pesticides and all fertilisers including products mainly used in organic agriculture; emphasises the strengths and opportunities that lie within precision agriculture and smart farming to achieve the targets of the strategy; highlights the importance of further education to enable stakeholders of the whole food supply chain to participate and engage in the transformation towards a sustainable food supply chain and subsequently towards sustainable agriculture;
Amendment 807 #
2020/2260(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Considers it imperative that active farmers receive more support or are provided with knowledge and training, technology and innovation as well as legal certainty in the transition towards more agroecological practices, and appropriate remuneration of their ecologically- friendly produced products on market;
Amendment 826 #
2020/2260(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
Amendment 835 #
2020/2260(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Calls on Member States to encourage more conservation farming where possible, which reduces soil management practices to a minimum, through the use of innovative technologies such as ‘no-till-drills’, in order to help restore and build soil organic matter, soil moisture, carbon storage in the uppermost soil layers and prevent soil erosion overall;
Amendment 846 #
2020/2260(INI)
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Acknowledges the substantial efforts made to reduce the use of antimicrobials in animals as highlighted in the 2019 European Court of Auditors report on AMR, further strengthened by the new EU Regulations on Veterinary Medicinal Products and Medicated Feed, contributing to the global effort to reduce antibiotic resistance; underlines that the EU must ensure that continued treatment of animals with antimicrobials remains possible when needed, so as to guarantee animal health and to protect animal welfare at all times;
Amendment 856 #
2020/2260(INI)
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Stresses that many Member States already follow as many ecological practices as possible; underlines that it must be taken into account that not all farmers have the possibility to switch to organic farming; mentions that conventional farming can also contribute in increasing the biodiversity;
Amendment 907 #
2020/2260(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Emphasises the importance of recognising the significant impact of agriculture and especially animal production on greenhouse gas (GHG) emissions and land use; stresses the need to enhance natural carbon sinks and reduce agricultural emissions of carbon dioxide, methane and nitrous oxide, in particular in the feed and livestock sectors; calls for regulatory measures and targets to ensure progressive reductions in all GHG emissions in these sectors; emphasises that the agricultural sector has already made a significant contribution (-19,2%) to the reduction of GHGs since 19901a; acknowledges that according to the FAO, well management practices of livestock can lead to a 30% decrease in GHG emissions, and that healthy animals require less natural resource inputs like feed and water as they move through the production system; stresses the need to enhance natural carbon sinks and reduce agricultural emissions of carbon dioxide, methane and nitrous oxide, in particular in the feed and livestock sectors; calls on the European Commission and Member States to facilitate the uptake of agricultural technologies including precision farming, nitrification inhibitors and advanced animal nutrition to reduce the GHG emissions from agriculture; _________________ 1a https://www.europarl.europa.eu/news/de/h eadlines/society/20191129STO67756/emis sionen-des-luft-und-schiffsverkehrs- zahlen-und-fakten-infografik
Amendment 962 #
2020/2260(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Highlights that the successful implementation of the Strategy requires an effective cooperation at EU and Member States level including civil society, public authorities and business, in particular stakeholders specifically affected by the measures foreseen in the Strategy, especially in the agriculture, fisheries, forestry and extractive sectors;
Amendment 969 #
2020/2260(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Commission to establish a plan for the compensation of the loss of income of farmers, which may result due to the set farm to fork targets and the interlinked decline in production;
Amendment 1003 #
2020/2260(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Points out that extensive farmland, permanent grassland-based or organic animal husbandry i as well as sloping and terraced vineyards are features of the European food systemagricultural landscape and a defining element of many traditional rural communities, and that it has with multiple positive effects foron the environment and against climate change, and contributes to a circular economy;
Amendment 1188 #
2020/2260(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Welcomes Parliament`s commitment in its mandate on the CAP Strategic Plans regulation to integrate the need to increase organic farming in the National Strategic plans; highlights, however, that organic farming requires significantly more land than conventional farming and that the effects on land use in the EU and developing countries should be taken into consideration;
Amendment 1191 #
2020/2260(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses that global food supply chains are crucial to ensure long-term food security and a diversified and sustainable diet throughout the whole year; highlights the importance of diversified diets in a healthy lifestyle; points out that global supply chains can be essential during times of crisis and natural catastrophes causing low yield;
Amendment 1192 #
2020/2260(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses that the farm to fork strategy should fully take into account the upcoming agreement on the CAP Strategic Plans and avoid additional legal burdens and uncertainty for farmers after the agreement of the new CAP;
Amendment 1220 #
2020/2260(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls for CAP National Strategic Plans to ensure adequate financial support and incentives to promote new ecological ‘green’ business models for agriculture and artisanal food production, notably through fostering short supply chains and quality food production; welcomes Parliament`s commitment in its mandate on the CAP Strategic Plans regulation to ensure that the national strategic plans contribute to the maximum extent possible to the achievement of the goals and objectives set out in the Farm-to-Fork Strategy.
Amendment 1279 #
2020/2260(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Highlights the efficiency and the high output achieved by some industrial agricultural farming practices and its subsequent lower carbon footprint; underlines that efficiency in agriculture is crucial to ensure food security; stresses that industrial agriculture may be accompanied by lower labour input and that accountable techniques should be recognised;
Amendment 1313 #
2020/2260(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recalls that the European food system delivers a sufficient and varied supply of safe, nutritious, affordable and sustainabley-produced food to people at all times and underlines that increasing the economic, environmental and social sustainability of food producers will ultimately increase their resilience; encourages the Commission to consider the agri-food supply chain and its workers as a strategic asset for the safety and well-being of all Europeans;
Amendment 1323 #
2020/2260(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls, in this regard, on the Commission and the Member States to ensure equal product and production standards and effective controls of the agricultural products imported from third countries with a view to ensuring a level playing field for European food production and a high level of protection and underlines that the supply with high- quality foodstuff from EU farmers must be an overall target;
Amendment 1326 #
2020/2260(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Stresses that the agri food sector supports not only farmers but also upstream and downstream businesses, secures and creates jobs and is the backbone of the entire food industry; highlights in this respect that the preservation of cultural landscape is the driving force for active rural areas;
Amendment 1329 #
2020/2260(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Calls on the Commission for a strategy on supporting local value chains as a key element for reaching the proposed targets; stresses that small- scaled agriculture and SMEs require additional support for realising the proposed targets;
Amendment 1375 #
2020/2260(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Expresses its deep concern about the emergence of zoonotic diseases that are transferred from animals to humans (anthropozoonoses), such as Q fever, avian influenza and the new strain of influenza A (H1N1), which is exacerbated by anthropogenic climate change, the destruction of biodiversity, environmental degradation and our current food production systems;
Amendment 1495 #
2020/2260(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Urges the Commission to follow up on Directive (EU) 2019/633 on unfair trading practices22 and the EU code of conduct on responsible business and marketing practices by producing a monitoring framework for the food and retail sectors and providing for legal actionnecessary measures if progress in integrating economic, environmental and social sustainability into corporate strategies is insufficient, and in so doing promoting and rewarding the efforts of sustainable agricultural producers while increasing the availability and affordability of healthy, sustainable food options and reducing the overall environmental footprint of the food system; stresses the importance of halting and addressing consolidation and concentration in the grocery retail sector in order to ensure fair prices for farmers; _________________ 22 OJ L 111, 25.4.2019, p. 59.
Amendment 1544 #
2020/2260(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Urges the review of the EU promotion programme for agricultural and food products, including the EU school scheme, the European Healthy School Lunches initiative and the EU Action Plan on Childhood Obesity 2014-2020, with a view to enhancing its contribution to sustainable production and consumption, notably by focusing on educational messages about the importance of healthy nutrition and promoting greater consumption of fruit and vegetables with the aim of reducing obesity rates;
Amendment 1584 #
2020/2260(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Highlights that proper nutrition promotes optimal growth and development of children and that kindergarten and schools are key partners in encouraging children to develop healthy eating habits;
Amendment 1589 #
2020/2260(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Calls on Member States to include food and nutrition education as a mandatory part of the national curriculum; reiterates that educational activities may also involve teachers and parents as they are role models for children’s healthy eating habits and lifestyles;
Amendment 1592 #
2020/2260(INI)
Motion for a resolution
Paragraph 14 c (new)
Paragraph 14 c (new)
14c. Emphasises the importance of a balanced diet and sufficient exercise for a healthy lifestyle and welcomes the Commission's aim of tackling the rise in overweight and obesity across the EU by 2030; calls for measures to prevent obesity to be developed on the basis of independent science data and to take into account that a calorie imbalance between calorie intake and calorie consumption is the main cause for obesity;
Amendment 1593 #
2020/2260(INI)
Motion for a resolution
Paragraph 14 d (new)
Paragraph 14 d (new)
14d. Highlights that a sustainable diet includes safe, enjoyable, balanced and needs-covering foods; stresses the need of the food industry to provide for a wide variety of foods that take different lifestyles and different nutritional needs and preferences into account; stresses that a more sustainable diet needs to support a purchase decision which is based on the range of foods available and the consumer's choice; highlights that it is indispensable for a conscious decision to have sufficient information and the right understanding;
Amendment 1603 #
2020/2260(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Recalls the need to promote effective Agricultural Knowledge and Innovation Systems (AKIS), enabling all food chain actors, especially start-ups ad small and medium-sized enterprises (SME), to become sustainable by speeding up innovation and accelerating knowledge transfer; recalls, in addition, the need for a farm sustainability data network to set benchmarks for farm performance and document the uptake of sustainable farming practices, while allowing for the precise and tailored application of new production approaches at farm level by providing farmers with access to fast broadband connections; recalls the need to provide for specific indicators and an EU- wide comparable measuring system to define and indicate the sustainability performance of a product in order to make products and production methods comparable;
Amendment 1626 #
2020/2260(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Stresses that Member States should enable farmers with financial support, farm advisory services, training, technology, innovation and the development of new sustainable business models in the uptake and delivery of biodiversity and environmental benefits; while considering the importance of balancing voluntary measures and regulatory action;
Amendment 1632 #
2020/2260(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Considers it imperative that farmers receive life-long support and training in the transition towards agroecological practices;
Amendment 1663 #
2020/2260(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls for measures to reduce the burden that highly processed foods with high salt, sugar and fat content place on public health; regrets that the introduction of nutrient profiles is greatly delayed and stresses that a robust set of nutrient profiles must be developed to restrict or prohibit the use of false nutritional claims on foods high in fats, sugars and/or salt; calls for a mandatory EU-wide front-of-pack nutrition labelling system based onEmphasises that overweight and obesity lead to many non-communicable diseases and are caused by an imbalance between energy intake and consumption, recognises the need to inform consumers about measures to reduce excessive intake of highly processed foods with high salt, sugar and fat content and to reformulate products in line with guidelines on a healthy and sustainable diet where possible; notes that a mandatory EU-wide front-of-pack nutrition labelling system should be based on the labelling rules established under Regulation No 1169/2011 on Food Information to Consumers as well as new independent science;
Amendment 1718 #
2020/2260(INI)
Motion for a resolution
Paragraph 16 c (new)
Paragraph 16 c (new)
16c. Calls for the establishment of a digital system for the provision of additional voluntary information for agri food products ("EU4healthyfood"), this information could be provided in a digital manner via a QR code and be retrieved easily by the consumer; highlights that the presentation of this information should be aligned with the mandatory labelling system and could provide additional information;
Amendment 1733 #
2020/2260(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Welcomes the Commission’s commitment to revise the EU legislation on food contact materials (FCM) and to adopt with no delay specific measures for those 13 groups of materials not yet harmonised at EU level; reiterates its call to revise the legislation on FCM in line with the regulation on the registration, evaluation, authorisation and restriction of chemicals (REACH), as well as classification, labelling and packaging regulations, and to insert, without further delay, specific provisions to substitute endocrine disrupting chemicals;
Amendment 1751 #
2020/2260(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Welcomes the fact that the strategy rightly recognises the role and influence of the food environment in shaping consumption patterns and the need to make it easier for consumers to choose healthy and sustainable diets; reiterates the importance of promoting sustainable diets by raising consumer awareness including digital channels of the impacts of consumption patterns and providing information on diets that are better for human health and have a lower environmental footprint; underlines that food prices must send the right signal to consumers; welcomes, therefore,requests to consider that fair food prices, reflecting also the strategy’s objective that the healthy and sustainable choice should becomeue cost of production for the environment and society, are the only way to achieve sustainable and equitable food systems in the long term; underlines the need to increase transparency and raise consumers’ awareness regarding the mcosts affordablnd profits related to each stage of the food supply chain; encourage conesumers to make healthier lifestyle choices;
Amendment 1833 #
2020/2260(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Reaffirms its belief that policy measures that are dependent solely on consumer choice unduly shift the responsibility to purchase sustainable products toSupports a holistic approach including all stakeholders to make our food system more sustainable; reaffirms that policy measures need to be based on the triad of sustainable production, target oriented labelling and on consumers choice; notes that third- party certification and labelling alone are not effective in ensuring sustainable production and consumption;
Amendment 1835 #
2020/2260(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Reaffirms its belief that policy measures that are dependent solely on consumer choice unduly shift the responsibility to purchase sustainable products to consumers; notes that third- party certification and labelling alone are not effective in ensuring sustainable production andthe consumer choices play an essential role and their choices have to be taken into account during the transition to a more sustainable and healthy European food system; notes that state and the EU quality labels, e.g. the EU organic label, are an important opportunity to raise awareness of sustainable consumption;
Amendment 1884 #
2020/2260(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Highlights the recognition in the strategy that the diets of many Europeans’ diets are not fully in line with recommendations for healthy eating, and that a population- wide shift in consumption patterns is needed towards more healthy and plant- based foods and, less red and processed meat,food, reduction in sugars, salt, and fats intake, which will also benefit the environment; emphasises that EU-wide guidelines for sustainable and healthy diets wshould bring clarity to consumers on what constitutes a healthy and sustainable diet and inform Member States’ own efforts to integrate sustainability elements in national dietary advice; calls on the Commission to develop such guidelines and specific actions to effectively promote healthy plant-based diete science based and take into account the cultural and regional diversity of European consumer needs and preferences;
Amendment 1913 #
2020/2260(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Calls for the expansion of regional and farm slaughtering to avoid long and painful animal transports and to be able to slaughter animals gently in familiar surroundings; highlights that this would simultaneously strengthen rural agriculture, the promotion of the consumption of regional food and would cause less stress before slaughtering and also improve the quality of the meat;
Amendment 1974 #
2020/2260(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls for a revision of public procurement legislation and funding, including minimum mandatory criteria in kindergarten and schools and other public institutions to encourage organic and local food production andlocal food chains, organic farming, sustainable production and the reduction of foodwaste; calls to promote more healthy diets and dietary patterns by creating a food environment that enables consumers to make the healthy choice;
Amendment 2034 #
2020/2260(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Reiterates its call to take the measures required to achieve a Union food waste reduction target of 30 % by 2025 and 50 % by 2030 compared to the 2014 baseline; underlines that binding targets are needed to achieve this; recognises that ensuring animal health also helps to avoid food losses and waste at source;
Amendment 2047 #
2020/2260(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Recalls that 70% of EU food waste results from a combination of households, restaurants, catering services and retail, whereas the remaining 30% occurs on farms and during processing;
Amendment 2049 #
2020/2260(INI)
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23b. Recognises that ensuring animal health also helps to avoid food losses and waste at source;
Amendment 2050 #
2020/2260(INI)
Motion for a resolution
Paragraph 23 c (new)
Paragraph 23 c (new)
23c. Reiterates that according to the FAO 2019 report, consumer waste is often a result of poor purchase planning, excess and impulse buying, opting for extreme cheap prices instead of quality and sustainability, confusion over labels ('best before' and 'use by'), poor in-home storing or stock management, preparation of too much food, and a lack of knowledge on how to use leftovers in other recipes instead of discarding them;
Amendment 2069 #
2020/2260(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Welcomes the proposed revision of EU rules on date marking; stresses that any change to date marking rules should be risk and science based and should improve the use of date marking by actors in the food chain and its understanding by consumers, in particular ‘best before’ labelling, while at the same time not undermining food safety or quality;
Amendment 2081 #
2020/2260(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Calls on the Commission and the Member States to clarify and harmonise the definitions and terminology, concepts and statistics in use and to ensure the coherence of the policies and measures adopted;
Amendment 2127 #
2020/2260(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Underlines the importance EU funding for research and innovation especially for SMEs as a key driver in accelerating the transition to a more sustainable, healthy and inclusive European food system while facilitating investments needed to encourage agro- ecological practices in both social and technological innovation, and the crucial role of farm advisory services in ensuring the transfer of knowledge to the farming community, drawing on the existing specialised training systems for farmers in Member States;
Amendment 2138 #
2020/2260(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Highlights in this regard the importance of agricultural internships supported by Erasmus+;
Amendment 2164 #
2020/2260(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Acknowledges that SMEs are a valuable source and contributor enabling the transition towards a fair, healthy and environmentally-friendly farm to fork strategy;
Amendment 16 #
2020/2259(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the fiscal system must be reformed if the state is to continue establishing the preconditions for inclusiveto help companies to be more competitive, to encourage private initiative investments, so that more jobs can be generated and the states continue guaranteeing the collection of revenue to finance their essential functions and a sustainable well-being;
Amendment 28 #
2020/2259(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the economic recovery and, the climate crisis have increased the need to mobilise more resources andecological transition and the digitization of the economy involve very profound changes that force us to re- evaluate the current taxation policies so that this transition is fair, helping our companies and our SMEs to be more competitive and to continue creating jobs;
Amendment 38 #
2020/2259(INI)
Motion for a resolution
Recital C
Recital C
C. whereas tax morale is generally higher in countries that tax more heavily, which is evidence forterritories with lower taxes, which is evidence that lowering taxes can increase collection and boost the economy, the willingness of citizens and companies to pay tax in return for effective public services9 ; _________________ 9 https://www.oecd- ilibrary.org/sites/0533eea9- en/index.html?itemId=/content/component/ 0533eea9-en;
Amendment 55 #
2020/2259(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the 2011 EU flagship initiative for a resource-efficient Europe called for 10 % of total government taxation revenue to come from environmental taxationenvironmental taxation; environmental tax revenue in the EU amounted to €330.6 billion, corresponding to 2.4% of GDP in 2019 according to Eurostat; whereas according to the Commission beginning of the last decade some Member States have achieved, through various steps of environmental tax reforms, a share of environmental tax revenues in total taxes of more than 10%;
Amendment 66 #
2020/2259(INI)
Motion for a resolution
Recital E
Recital E
E. whereas small and medium-sized enterprises (SMEs) and middle classes are particularly affected by the complexities of the tax system and tax compliance, disproportionately so compared to multinational enterprises (MNEs)the objective of fiscal reforms must be to reduce the tax burden on them;
Amendment 80 #
2020/2259(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that COVID-19 has given the EU a unique chance forthe structural changes that our economies are experiencing as a result of digitization, climate goals and the crisis derived from the global pandemic COVID-19 has given the EU and its member states a unique chance to strengthen free and single market and make ourselves more competitive in strategic sectors; in order to achieve that it is necessary a proper and holistic analysis of tax systems, how individual taxes interact and how they can be better coordinated to producbecome more flexible, resilient, green andattractive to private investment and job creation, more competitive ,sustainable fairer tax systems ; recommendscalls on thate Member States take into account this opportunity to build a new social- fiscal contract with citizenssimplify their tax systems, to strengthen the single market, to reduce the existing tax burdens on SMEs and the middle classes ; underlines that this will help not only with raising revenues, but also withto stimulate economic growth and job creation, as well as to building trust and accountability between citizens and the state; stresses the need for coordination at EU level to avoid distortions and subsequent revenue losseswhile respecting the competences of the Member Sates and free tax competition;
Amendment 93 #
2020/2259(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Highlights that current tax systems, and the fiscal capacities of Member States, are already facing and will increasingly face severe shocks, such as the need for large public investments to sustainfor this reason, Europe has to opt for its strategic autonomy, it has to compete to be a world leader in strategic sectors and it has to transform and modernize its industry to achieve the balance of public accounts, the economic recovery, job creation and the green transition, the ageing of our societies and the consequent reduction in the working- age population, the digital transformation of our labour markets, increased tax competition and the existing tax gap10 ; _________________ 10European Commission, ‘Tax policies in the European Union’ survey, 2020, https://ec.europa.eu/taxation_customs/bus iness/company-tax/tax-good- governance/european-semester/tax- policies-european-union-survey_en;
Amendment 110 #
2020/2259(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Points out that technological progress and economic integration are making the taxpayers and tax bases of all types of tax increasingly mobile12 ; notes that this could reinforce the tendency to rely on immobile tax bases; _________________ 12European Commission, ‘Tax policies in the European Union’ survey, 2020, https://ec.europa.eu/taxation_customs/busi ness/company-tax/tax-good- governance/european-semester/tax- policies-european-union-survey_en; calls on Member States to increase their efforts in the digitalization of the tax administration and to strengthen international cooperation in order to better deal with the tendency to rely on immobile tax bases;
Amendment 119 #
2020/2259(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Observes that in spite offollowing the numerous calls for shifting taxation from labour to pollution, revenues from taxes on pollution and resources in particular have remained very low, and ye led to the fact that environmental tax revenue covering energy taxes, transport taxes as well as pollution and resource taxes increased in absolute terms between2002 and 2019 according to Eurostat, highlights in this regard that they offer a potentialn existing source for increasing revenue through the application of the ‘ polluter pays’ principle and are difficult to evade owing to the character of the tax base;
Amendment 142 #
2020/2259(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. NTake notes that COVID-19 has demonstrated that the current disproportionate reliance on labour income taxes and social contributions, which puts the onus on continued high levels of employment and consumption to fund government spending and policies, is neither sustainable nor economically effectiveose Member States having before the health crisis sound fiscal policies and a functioning tax system had been in a better position to deal with the economic and social hardship of citizens and SMEs; calls on Member States to improve their tax systems, especially strengthening tax collection and enforcement as suggested in the Commission’s communication of 3 March 2021 (COM(2021) 105 final) in order to pay off debts faster and to ease the current disproportionate reliance on labour income taxes and social contributions, which impedes sustainable economic development and job creation; welcomes in this regard the Commission’s communication of 15 July 2020(COM(2020)0312) sketching out measures aiming at reducing tax obstacles for businesses in the Single Market that will improve the business environment, enhance business competitiveness and contribute to economic growth;
Amendment 152 #
2020/2259(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes with concern that thee asymmetric impact of the COVID-19 pandemic is highly regressive, with the poorest households being the most severely hit14 ; regrets that large companies that realise excess profits, such as e-commerce businesses and wealthy individuals who realise significant capital gains through speculation, are often undertaxed; _________________ 14OECD, ‘Tax and Fiscal Policy in Response to the Coronavirus Crisis: Strengthening Confidence and Resilience’, 19 May 2020,https://www.oecd.org/ctp/on societies , acknowledges that the poorest households, the self-employed and workers of SMEs, have been the most severely hit; calls in this regard on Member States to supportinternational efforts at the G20/OECD level to close existing legal loopholes that enable mainly digital MNEs and high income individuals to engage in aggressive tax- policy/tax-and-fiscal-policy-in-response- to-the-coronavirus-crisis-strengthening- confidence-and-resilience.htmractices and enjoy the benefits of double non-taxation;
Amendment 164 #
2020/2259(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Highlights that environmental taxesTakes note that the total revenue from taxes and social contributions increased in theEU-27 between 1995 and 2019 reaching 41,1 % of GDP according to the most recent available Eurostat data in 2019, Highlights that environmental taxes, which raised tax revenues by 113000 million since 2002, have the potential to cover the need for additional revenue while supporting a resilient, competitive, sustainable and carbon-free economy; calls on Member States to consider expandingthe modification of these tax base for environmental taxes through inter alia natural resource taxes, distance-based charges in the transport sector, fuel prices, and the taxation of deforestation, landfill, incineration, pesticides and fertilizeres in order to alleviate households and to reach that households are no longer the main payers of both transport and pollution taxes (55,4%according to Eurostat) ;taking into account that ecological transition cannot be achieved only by means of sanctions and fiscal pressure, but also through citizen education and incentives that motivate companies to achieve the UE climate priorities;
Amendment 185 #
2020/2259(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Warns that national budgets cannot rrelying solely on environmental taxes alonerepresents a risk to adequate and stable tax bases, as some of these revenues will fall as environmental harm decreases over time; calls on Member States to develop holistic tax reforms, shifting taxation from labour to not only pollution but also capital and wealth16 ; _________________ 16European Commission, ‘Tax policies in the European Union’ survey, 2020, https://ec.europa.eu/taxation_customs/busi ness/company-tax/tax-good- governance/european-semester/tax- policies-european-union-survey_en
Amendment 204 #
2020/2259(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Observes that there is also room for significant revenue and efficiency gains at tax administration level; notes t hat an effective and, efficient and digitized tax administration, as well as a high degree of tax certainty, needs to serve the tax payers and can encourage investment and foster competitiveness;
Amendment 243 #
2020/2259(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Commission to propose anWelcomes the OECD’s recommendations of November 2020 on supporting SMEs[1]; Calls on the Commission to follow-up on OECD’s suggestions, to put the taxpayer at the center of the tax system rather than the tax administration ,and to propose a SME tax simplification package that aims to make tax compliance more streamlined and easier for small and medium-sized businesses;
Amendment 3 #
2020/2137(INI)
Draft opinion
Paragraph -1 b (new)
Paragraph -1 b (new)
-1 b. requires that, before any initiative is proposed, an impact assessment is carried out focusing on: a) the administrative burden on business b) value added by EU companies c) employment by EU companies d) engagement of EU companies in international markets
Amendment 4 #
2020/2137(INI)
Draft opinion
Paragraph -1 c (new)
Paragraph -1 c (new)
-1 c. recalls the importance of transitional periods in order to create legal certainty and good legislation ; stresses in this context the need for a transitional period of at least 7 years in order to allow companies to implement any new measures.
Amendment 16 #
2020/2137(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Emphasises that sustainable corporate governance can help the EU to build a more resilient and sustainable economy, improve the level playing field and protect EU businesses and citizens,in order to maintain Europe's international competitiveness and protect EU businesses from unfair competitive advantages of third countries resulting from lower protection standards and is therefore hugely beneficial to EU trade policy;
Amendment 5 #
2020/2131(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that small and medium- sized enterprises (SMEs) are the backbone of the EU economy; underlines that the proper functioning of the internal market and the creation of a capital market union remains an absolute priority for SMEs; Notes that only a small percentage of firms who export goods outside the EU are SMEs, and that global markets are an important source of potential for SMEs to increase competitiveness, economic growth and innovation; Notes that frictionless trade and freedom of movement of the EU’s Single Market provides SME’s with the necessary scale and experience to export beyond the borders of the EU and to access further desirable markets.
Amendment 9 #
2020/2131(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Regrets the serious impact of the COVID19 pandemic and necessary health measures implemented to suppress the spread, including the lockdown of economies, on global trade with both imports and exports of the EU being reduced and value chains interrupted or halted as a result; Notes that further disruption will be experienced by European businesses due the United Kingdom leaving the European Union and the Commission must therefore ensure that trade flows and sustained value chains, including trading routes for freight traffic across the EU, remain open to allow free access to sales markets maintain integrity of the single market.
Amendment 30 #
2020/2131(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. EncouragesCalls on the Commission to fully support SMEs in overcoming all barriers that prevent their access to third- country markets; requests the inclusion of anWelcomes the commitments made by the Commission to include SME chapters in every trade agreement to ensure legal security for SMEs; underlines the need for the effective enforcement of trade agreements as a priority task of the Chief Trade Enforcement Officer;
Amendment 39 #
2020/2131(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Commission to be more active in its support of national and regional export agencies in order to allow SMEs to overcome the information gap and take better advantage of trade agreements; opines, in this respect, that the Commission cshould set up an SME internationalisation platform to monitor progress and provide technical assistance to SMEs in accessing new markets;
Amendment 43 #
2020/2131(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Commission to take greater account of the role of SMEsfacilitate participation of SMEs in public procurement when it comes to negotiating public procurement chapters in trade agreements; welcomes the announcement from the Commission that it will launch a new information portal on customs procedures and formalitieprovide user- friendly, up-to-date and practical information on trade policy and in particular on FTAs; calls on the Commission to deliver on its objective of launching a simplified self-assessment tool for rules of origin and life cycle analysis, where a particular focus should be placed on risk assessment, to help SMEs assess whether a product benefits from preferences under a given trade agreement and how they can take advantage of strategic diversification of supply chains;
Amendment 47 #
2020/2131(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Recalls that access to financing is essential for SMEs; asks the European Investment Bank to pay particular attention to SMEs when defining its policies; draws particular attention to SMEs, which need funding, such as micro financing loans, and technical assistance to comply with the Green Deal and digitalisation objectives in order to remain competitive;as well as reducing regulatory burden in order to remain competitive; Notes that the Commission needs to remove barriers to green growth and eco-innovation for SMEs to ensure that the Green Deal is an economic opportunity for SMEs.
Amendment 53 #
2020/2131(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Commission to strengtheneffectively implement the EU’s safeguard and trade defence instruments in order to better protect European industry, in particular when it affects sectors with a majority of SMEs; underlines the need to focus on implementation and enforcement of our trade agreements, for breaches of both market access and trade and sustainable development commitments, in order to effectively address market distortions so that SMEs do not face a competitive disadvantage. urges the Commission, in this regard, to enhance the role of the SME Trade Defence Helpdesk to both increase support to SMEs in accessing trade defence instruments and to enhance communication to SMEs of the tools available in addressing distortions in markets.
Amendment 54 #
2020/2131(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Commission to strengthen the EU’s safeguard and trade defence instruments in order to better protect European industry, in particular when it affects sectors with a majority of SMEs. ; Refers to the July 2020 Special Report1a issued by the European Court of Auditors, which pointed out that the administrative hurdles for SMEs to access trade defence procedures are still very high and that TDIs are not sufficiently promoted among all sectors of European industry; urges the Commission in this context to assess and reduce the administrative burden for SMEs and to increase its outreach; _________________ 1a https://www.eca.europa.eu/lists/ecadocum ents/sr20_17/sr_trade_defence_instrumen ts_en.pdf
Amendment 28 #
2020/2117(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the mainstreaming of the European Green Deal into the cCommunication on the Trade Policy Review (TPR) and calls for a concrete action plan to make this ambition a reafor an assertive trade policy geared towards multilateralism, resilience, and sustainability;
Amendment 35 #
2020/2117(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the incorporationat the EU will propose the respect of the Paris Agreement to be considered as an essential element in allfuture trade, and investment and partnership agreements; stresses that ratification of the International Labour Organizgreements; reminds the Commission that the respect and implementation (of ILO) core conventions and respect for human rights are requirements for concluding FTAcommitments of its recent trade agreements; asks for ambitious chapters on digital trade, gender, and on small and medium-sized enterprises (SMEs) to be included in allnew trade agreements;
Amendment 42 #
2020/2117(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the incorporation of the Paris Agreement as an essential element in all trade, investment and partnership agreements; stresses that ratification of the International Labour Organization (ILO) core conventions and respect for human rights are requirementimportant considerations for concluding FTAs; asks for ambitious chapters on gender and on small and medium-sized enterprises (SMEs) to be included in all trade agreements;
Amendment 48 #
2020/2117(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Underlines that the post-COVID-19 recovery is a unique opportunity to set the agenda forpromote sustainable growth; calls on the Commission, therefore, to present its review of the 15-point action plan on TSD chapters without delay;in 2021 and expects the review to address the enforceability of TSD commitments as a matter of urgency, as it is not currently includedconsider the effective implementation and enforcement in trade agreements; recalls, in this regard, the non-paper from the Netherlands and France on trade, social economic effects and sustainable development11 ; suggests that, as a minimum, recent advances in enforceability should be applied to EU trade policy, namely the ability to tackle any non-compliance by partners through unilateral sanctions, including the introduction of tariffs or quotas on certain products or the cross- suspension of other parts of an agreement; __________________ 11 Non-paper from the Netherlands and France on trade, social economic effects and sustainable development, accessed at ‘the Netherlands at International Organisations (permanentrepresentations.nl)’.
Amendment 53 #
2020/2117(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Underlines that the post-COVID-19 recovery is a unique opportunity to set the agenda for sustainable growth; calls on the Commission, therefore, to present its review of the 15-point action plan on TSD chapters without delay; expects the review to address the enforceability of TSD commitments as a matter of urgency, as it is not currently included; recalls, in this regard, the non-paper from the Netherlands and France on trade, social economic effects and sustainable development11 ; suggests that, as a minimum, recent advances in enforceability should be applied to EU trade policy, namely the ability to tackle any non-compliance by partners through unilateral sanctions, including the introduction of tariffs or quotas on certain products or the cross- suspension of other parts of an agreement; emphasizes the role of the Chief Trade Enforcement Officer in this regard, calling for close cooperation with the European Parliament’s International Trade Committee in the monitoring and scrutiny of TSD enforcement; __________________ 11Non-paper from the Netherlands and France on trade, social economic effects and sustainable development, accessed at ‘the Netherlands at International Organisations (permanentrepresentations.nl)’.
Amendment 63 #
2020/2117(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Points out that high up-front costs, which will only repay themselves over time, and a lack of know-how and equipment are currently preventslowing developing countries from ‘going green’in their green and digital transitions; demands that the Commission use allits trade instruments at its disposal to increase financial support, technical assistance, technology transferscapacity building and digital penetration in order to empower developing countries and enable them toto support the achievement of sustainable and digital resilience;
Amendment 72 #
2020/2117(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls for the EU to take a leading role at awithin the multilateral level to end harmful subsidies by advocating transparency and strict regulation and disciplines framework to engage with like-minded countries and trade partners to pursue a strong environmental agenda, including trade agreements and at the World Trade Organization (WTO)he progressive development of disciplines against market distorting subsidies; stresses the importance of drawing up sustainability impact assessments on an ex- ante, intermediate and ex-post basis; stresses the need to develop a comprehensive framework with concrete targetsprovide guidance to advance the SDGs, the Green Deal and the ILO Decent Work Agenda in trade and investment agreements; emphasises that new agreements should only be concluded once these targets have been fulfilled and that existing agreements should be revised accordingly;
Amendment 75 #
2020/2117(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls for the EU to take a leading role at a multilateral level to end hmarmfulket distorting subsidies by advocating for a common rulebook, including transparency and strict regulation and disciplines in trade agreements and at the World Trade Organization (WTO); stresses the importance of drawing up sustainability impact assessments on an ex-ante, intermediate and ex-post basis; stresses the need to develop a comprehensive framework with concrete targets to advance the SDGs, the Green Deal and the ILO Decent Work Agenda in trade and investment agreements; emphasises that new agreements should only be concluded once these targets have been fulfilledcarefully consider progress in third country efforts to meet sustainability targets and that existing agreements should be revised accordingly in due time;
Amendment 85 #
2020/2117(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. EWelcomes the Access2Market gateway and the Commission’s efforts in promoting this tool across the Europe; emphasiszes that transparency and dialogue with stakeholders and citizens are key to creating support for trade policy; insists that the role and responsibilities of and to harness its benefits; insists that the EU must deepen its engagement with Member States, the private sector, civil society, and domestic advisory groups must be clearly defined in the EU’s international agreementsall other relevant actors, as well as with trade partner and developing partner countries, and that financial assistance must be duly accompanied by capacity- building measures to enable itin order for them to function effectively and with particular attention paid to SMEs taking better advantage of trade agreements and to trade facilitation measures;
Amendment 99 #
2020/2117(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses the importance of fairresilient and sustainable value chains that respect human rights, labour rights and environmental standards; recalls that mandatory due diligence throughout the entire supply chain is a necessaryis an instrument to achieve this; stresses that more attention should be paid to the vulnerabile positiones of micro, small and medium-sized enterprises (MSMEs), especially in developing countries, wheremarkets and in their manufacturing capacities as large companies are more likely to overcome a sudden drop in demandexogenous shocks;
Amendment 110 #
2020/2117(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes that global value chains often involve an uneven distribution of risks, particularly in the garment sector; deplores the fact that during the pandemic this uneven distribution has led to European businesses offloading the costs of lower demand onto producers in developing countries by cancelling orders that were already produced and in some cases even shippedsymmetrical effects and distribution of risks; deplores that least developed countries (LDCs), low-income and middle-income (LICs and MICs) countries were hit the hardest in numerous sectors by trade disruptions triggered by the COVID-19 pandemic; calls the Commission to act as a global player and to tailor its support towards LDCs, LICs and MICs, while taking into consideration the particular circumstances of COVID-19; calls on the Commission to engage with Member States, local governments, the private sector and civil society to achieve a fairer distribution of risksnegative impacts and across the supply chains;
Amendment 115 #
2020/2117(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses the importance ofNotes that Member State investments are often drastically cut during crises and assets in strategic sectors, such as healthcare, are exposed to a risk of undervaluation and sale to foreign investors; stresses that, while openness to trade is part of the economy’s resilience and competitiveness, effective rules ensuring fair competition and a level playing field for European businesses in, both in the internal market and in third- country markets; stresses, in this regard, the importance of trade defence instruments and calls on the Commission to swiftly, are necessary to guarantee mutually beneficial trade relations with international partners and protect the single market from aggressive investment strategies from non-EU actors trying to take advantage of the current crisis; stresses that increased investments of state-owned enterprises from third countries may be even more likely to cause distortions in case of leveraging of their privileged position within a closed and non-transparent domestic market; calls on the Commission to swiftly fill the gaps of the EU’s regulatory framework and complete the EU’s trade defence toolbox througwith legislative proposals in 2021, giving priority to an to strengthen our strategic autonomy, where priority should be given to instruments tohat deter and counteract coercive actions by third countries and that tackle distortions caused by foreign subsidies and state- owned enterprises and to the conclusion ofding the negotiations on the International Procurement Instrument12 ; __________________ 12Amended proposal for a regulation of the European Parliament and of the Council of 29 January 2016 on the access of third- country goods and services to the Union’s internal market in public procurement and procedures supporting negotiations on access of Union goods and services to the public procurement markets of third countries (COM(2016)0034).
Amendment 123 #
2020/2117(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Is convinced that openness should go hand in hand with safeguarding our strategic sectors and should be closely connected with an ambitious, forward- looking industrial policy in line with the Green Deal and digital strategy, which can increase the EU’s capabilities to withstand future shocks in strategic sectors and ensure the competitiveness of EU businesses, creating quality jobs and ensuring that Europe plays a crucial role in the production of innovative goods and future services;
Amendment 128 #
2020/2117(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Is convinced that openness should go hand in hand with safeguarding our strategic sectors and should be closely connected with an ambitious, forward- looking industrial policy in line with the Green Deal and digital strategy, creating quality jobs and ensuring that Europe plays a crucial role in the production of innovative goods and future services; supply chain diversification and resilience should be a key priority for the revised EU Trade Policy; highlights the coupling of trade and security interests and calls for a proportional strengthening of FDI Screening, complementing Member State efforts to safeguard European strategic sectors, preventing the establishment of detrimental and exploitable economic dependencies with non-EU actors;
Amendment 134 #
2020/2117(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Is convinced that the EU is too dependent on a limited number of suppliers for critical raw materials, goods, and services, and that this undermines its strategic autonomy and geopolitical objectives; insists that the EU should overcome these undesirable dependencies via a horizontal mix of policies tohat incentivises companies to stockpile, increase manufacturing, diversify sourcing strategies and promotes nearshoring, where necessary, which could create new trading opportunities for partners in the Eastern and Southern Neighbourhoods; stresses that related policies need to be tailored to the specific characteristics of the sectors and global value chains(GVCs) under consideration, as no general policy approach exists, and that GVC configuration is a business choice;
Amendment 140 #
2020/2117(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Notes that fooagri-food markets and supply chains remained operational during the pandemic, but deplores that export restrictions and trade barriers have disrupted it; notes that the Agricultural Market Information System (AMIS), which brings together the principal trading countries of agricultural commodities with the aim of enhancing food market transparency and the policy response for food security, can be regarded as an example of good practice; calls on the Commission to explore whether this model could be used in other value chains as well; supports trade facilitating actions taken to promote food safety standards and sanitary and phytosanitary measures (SPS) in response to COVID-19; calls on the Commission to identify the most appropriate measures to ensure that this pandemic does not translate into a food crisis in the developing world;
Amendment 173 #
2020/2117(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Emphasises, in this connection, the detrimental effects of unilateral measures such as export restrictions and prohibitions and the lack of transparency on global stocks and the subsequent price speculation on scarce essential goods, not least for low and middle-income countries; calls, therefore, forthe EU to encourage the adoption of the WTO trade and health initiative by the end of 2021 and for greater transparency on the supply and production of essentialto encourage stronger global cooperation, including increased transparency, production of medical products, resilience of global healthcare system, and accessible and affordable medical products and services;
Amendment 178 #
2020/2117(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Is concerned about the recent rise in export restrictions on vaccines by the main manufacturing countries such as the US, the UK, China and, India and by the EU and emphasises that this might endangers the rapid global scaling up of vaccine production capacity; urges the Commission to engage with producing countries to swiftly eliminate export barriers and to replace the export authorisation mechanism with an export and import notification requirement; insists on having timely and comprehensive access to such data; ; reaffirms that the EU export authorisation mechanism is a temporary measure, only to be used as a very last resort, that should evolve in the long-term into a transparency mechanism; stresses, however, that for the time being a targeted export authorisation mechanism with criteria of proportionality and reciprocity works towards ensuring the safety and well-being of European citizens; emphasises that the increased transparency provided by the EU export authorisation mechanism has increased European citizens trust in the EU’s vaccine rollout and management of the COVID-19 pandemic while demonstrating the EU's cooperative approach as a vaccine export champion;
Amendment 204 #
2020/2117(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Emphasises that international trade policy must play a proactive role in this endeavour by facilitating trade in raw materials, alleviating shortages of qualified and experienced personnel, solving supply chain problems and revisit; insists, ing the global framework for intellectual property riis regard, that no concrete evidence has been broughts for future pandemics; insists, in this regard, on a constructive dialogue abouward showing that IP rights constitute a barrier to combatting COVID-19; considers that a temporary waiver of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) in order to ensure that countries do not face retaliation over COVID-19 related patent infringements during the pandemicwill not enhance vaccine production and technology/know how transfer and that destabilising the multilateral IP legal framework, which currently provides protection and incentives, will undermine EU preparedness against mutations and future pandemics; notes that LDCs already are exempt from a bulk of substantial TRIPS obligations;
Amendment 209 #
2020/2117(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Invites the Commission to set out concrete and specific actions and a roadmap to implement the concept of open strategic autonomy; recalls the geopolitical significance of a strong, diversified and resilient EU trade policy; stresses that the EU’s market strength, values and adherence to cooperation, fairness and rule-based trade should be the basis of such openness; strongly recommends that the EU seeks out partnerships with like-mindednew and consolidates existing partnerships with like-minded partners; urges, to this end, the Commission to push forward and finalize ongoing bilateral negotiations with international partners; stresses, however, that where cooperation is not possible, the EU should pursue its interests through autonomous measures to protect its values and fight unfair trading practices;
Amendment 215 #
2020/2117(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Urges the Commission to proceed with putting in place the Multilateral Investment Court, building on the EU’s approach to its bilateral FTAs, to fully exercise its prerogative at EU level concerning investments agreements, and to support Member States in implementing effective foreign direct investment screening mechanism;
Amendment 217 #
2020/2117(INI)
Motion for a resolution
Paragraph 21 b (new)
Paragraph 21 b (new)
21b. Urges the Commission to pursue an effective “vaccine & medical supplies diplomacy” for countries with limited access to them and to work effectively towards increasing the EU’s global standing and diplomatic visibility in this area as the acknowledgement of the EU’s leading role will strengthen its international credibility;
Amendment 218 #
2020/2117(INI)
Motion for a resolution
Paragraph 21 c (new)
Paragraph 21 c (new)
21c. Believes that tackling international issues arising from, but not limited to, the COVID-19 pandemic, should be handled at the multilateral lever and require further engagement by the European Union and its Member States, acting together as ‘Team Europe’;
Amendment 220 #
2020/2117(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Welcomes the TPR’s affirmation of multilateralism and extensive proposals for the necessary in-depth reform of the WTO across all its functions; shares the Commission’s emphasis on economic recovery, digital trade, unfair state subsidies, and sustainable development in its vision for WTO reform and urges the Commission to bring to bear all efforts to implement a sustainable developmentits agenda; stresses the importance of taking forward the WTO initiative on trade and climate;
Amendment 231 #
2020/2117(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Emphasises that reviving the WTO negotiating function will play a key role in any substantial reform of the organisation; highlights, in particular, the need to address competitive distortions caused by industrial subsidies and state-owned enterprises, particularly from China; calls for the Commission to actively pursue a solution to the mismatch between the level of development and the number of commitments undertaken within the international trading system; is convinced that EU leadership isand transatlantic cooperation are crucial for any meaningful WTO reform to succeed;
Amendment 247 #
2020/2117(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Supports the new, forward-looking transatlantic agenda based on common interests and shared values; urges the Commission and the US administration to cooperate closely in order to secure a level playing field and to agree on ambitious social and environmental standards and build on each other’s experience to enforce these more efficiently; calls for joint efforts to overcome the pandemic, speed up the economic recovery and facilitate trade in essential medical goods; reiterates that we should work together to achieve meaningful WTO reform and find common solutions to common problems; supports the Commission’s Communication on ‘A new EU-US agenda for global change’ and calls for the swift establishment of a new EU-US Trade and Technology Council;
Amendment 250 #
2020/2117(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Is aware of the importance of the EU’s multifaceted trade relationship with China; firmly believes that EU-China trade relations require a more balanced and reciprocal approach; stresses that the upcoming ratification process of the EU- China Comprehensive Agreement on Investment can only begin once the EU has the requisite autonomous measures in place, including a ban on products made using forced labour, an upgraded trade defence toolbox and a working sanctions mechanism on human rights; demands that the Commission move forward withhas to be accompanied by substantial progress in the elaboration of suitable and effective autonomous measures, to be deployed in efforts to counter market-distorting practices or to defend strategic EU interests, including a ban on products made using forced labour, an upgraded trade defence toolbox and a working sanctions mechanism on human rights; underlines that Parliament will carefully scrutinise the agreement, including its provisions on sustainable development and reminds the Commission that it will take the human rights situation in China, including in Hong Kong, into account when asked to endorse the Iinvestment Agreement with Taiwaagreement; deeply regrets the unacceptable Chinese escalation of placing elected Members of the European Parliament and European Union institutions under sanctions, as this further erodes trust and hinders bilateral cooperation;
Amendment 258 #
2020/2117(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Underlines the vital added value of engaging in consolidated economic and commercial relations with the wider Asia- Pacific region, manifesting the concept of Open Strategic Autonomy through a diversification of EU supply chains; stresses the strategic need of contributing to regional and global trade and investment standard-setting, recalling that the normative playing field is an area where the EU needs to exercise its influence, in line with its geo-economic ambitions;
Amendment 262 #
2020/2117(INI)
Motion for a resolution
Paragraph 26 b (new)
Paragraph 26 b (new)
26b. Urges the Commission to move forward with the Investment Agreement with Taiwan, taking the necessary steps for a scoping exercise, impact assessment and launching a public consultation; reiterates the importance of the bilateral structural dialogue, including on matters related to multilateralism and WTO, technology and public health, as well as essential cooperation on critical supplies such as semiconductors;
Amendment 265 #
2020/2117(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Welcomes the TPR’s engagement towards Africa and the Eastern and Southern Neighbourhoods and looks forward to concrete steps to deepen the EU’s relations with these partners; stresses the importance of engaging in an effective, sustained and constructive fashion the Eastern Partnership countries, consolidating existing DCFTAs and providing mutually beneficial economic cooperation with these actors of key geopolitical relevance for the EU’s strategic agenda; reiterates the importance of a strategic and sustainable partnership with Southeast Asia, India and Latin America;
Amendment 270 #
2020/2117(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Calls on the EU to learn from its experience of the COVID-19 pandemic to better understand what it means to be a geopolitical actor in an increasingly tense global environment and stresses the importance of using strategic foresight in order to increase preparedness and resilience for the world emerging from the COVID-19 pandemic and for any future shocks and health crises, including the emergence of new disease mutations and future pandemics, aiming to develop future-proof strategies and responses;
Amendment 11 #
2020/2115(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Believes that under the Commission’s strategy of open strategic autonomy supply chain resilience will be heightened through a trusted network of actors who can be reliable partners to develop common risk coordination mechanisms, methods and standards for assessment, share information and expectations, and have an active dialogue with governments, firms, and investors. European and Asian states should retain multilateral efforts and region-to-region dialogue where possible to foster sustainable and rules-based economic networks in Eurasia.
Amendment 18 #
2020/2115(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Underlines the importance of the EU strategic relationship with China and calls on the Members States and Institutions to address China with one voice and adopt a coordinated approach. Emphasises the need to ensure a level playing field, reciprocity and a non- discriminatory treatment of the respective parties, business communities and civil society. Reiterates calls on China to move forward on an ambitious reform of the WTO, including comprehensive rules on industrial subsidies, and recognises the concerns regarding market-distorting practices of Chinese State-Owned Enterprises, forced technology transfers and data localisation, overcapacities and related dumped exports, and other unfair trading practices. Believes that extending the level playing field to third markets is of paramount importance for the long- term opportunities of European businesses.
Amendment 22 #
2020/2115(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Recognises the potential for EU to cooperate with China's “Belt and Road Initiative” (BRI) development strategy to build connectivity and cooperation across economic corridors and to connect the Eurasian continent from China to Europe. Believes that the EU should also try to engage China to ensure the BRI meets international standards. Securing fair competition on third markets by upholding multilateral economic governance practices is vital; Is of the view that the Commission should further analyse the potential to collaborate with China in connecting BRI in its TEN-T Corridor Studies to prevent possible bottlenecks and transport constraints: Expresses concern that China funded projects lack transparent bidding processes and are predominately completed by Chinese companies that are significantly less open to local or international companies; calls on China to increase reciprocity, especially in the infrastructure sector, to improve transparency, to prioritise high labour and environmental standards and to ensure debt sustainability.
Amendment 23 #
2020/2115(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3 c. Regrets that the EU’s Connecting Europe and Asia strategy has not attracted the same attention as the BRI in Central Asia in terms of connectivity in the region. Supports the Commissions efforts in dismantling trade barriers underpinned by sustainable, rules-based connectivity that includes tackling non- physical and regulatory barriers to movement as well as infrastructure. Countries in Central Asia have benefited significantly from increased integration into the global economy over the past two decades. Opines that the EU should play a much bigger role and become one of the key players in the region using trade and investment as a driver of growth, contributing to shared prosperity.
Amendment 25 #
2020/2115(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Underlines the importance of the existing network of bilateral, regional and multilateral trade agreements and the bilateral cooperation between the EU and Asian partners, with successful examples of strategic partnerships in Japan, South Korea and Singapore; Recognises that the ASEAN region is the EU's third largest trading partner outside Europe, after the US and China, and ensuring better access for EU exporters to the this market and enhancing cooperation through strategic partnerships and investment protection agreements should be a priority for the EU. In this respect, opines, that negotiations with Taiwan on a Bilateral Investment Agreement (BIA) should be conducted.
Amendment 37 #
2020/2115(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission to ensure the enforcement of trade agreements and make existing ones more ambitious, in particular by promoting sustainable EU norms and standards; Calls on the Commission to implement fully trade defence instruments to ensure that European businesses are not subjected to unfair trading practices and tackle distortions in prices and costs that are not a result of free market forces.
Amendment 3 #
2020/2076(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. TUrges in light of the current crisis the Commission to focus on SMEs as the backbone of our economy, to boost the economic recovery and competitiveness of the EU; takes note of the Commission’s initiatives to support European SMEs’ access to international markets; stresses, however, that SMEs have to deal with too many regulations and burdens and excessive bureaucracy; stresses that SMEs are kept at a competitive disadvantage by investing in climate neutrality to comply with the Green Deal while trying to remain competitive and thrive on export markets; stresses therefore the need to further improve the business environment in the EU i.e. by facilitating easier access to finance; underlines that cutting red tape and easing of bureaucratic burdens should remain a priority and that legal certainty, evidence based policy, assessments of impact and cost efficiency must be ensured before introducing new EU rules; reminds the Commission of the One-in-one-out principle; highlights in this sense the importance of effective communication and awareness raising campaigns; welcomes the Commission’s objective to launch early in 2020 a dedicated rules of origin self-assessment tool for SMEs on the future Access2Market platform to help companies assess whether a product can benefit from preferences under a given EU trade agreement, in order to facilitate SMEs’ utilisation of preferences under EU trade agreements;
Amendment 12 #
2020/2076(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Takes note that between the years 2007 and 2017 global GDP increased with more than 70 percent; comparing however the EU increase of 17 percent to countries such as the United States (60 percent), India (80 percent) and China(315 percent), the EU was falling behind in global competitiveness already before; notes that world trade is expected to fall between 13 and 32 percent and EU GDP by 7,5 percent in 2020 due to the effects of COVID-19; stresses therefore that with rapidly declining global economies, a reindustrialisation of Europe is needed and the EU must gather forces to save companies and jobs to that end;
Amendment 12 #
2020/2076(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas the EU Recovery Programme releases an unprecedented sum of EUR 1.85 trillion to invest in digitalisation and a green recovery of EU industry, jobs and growth;
Amendment 16 #
2020/2076(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Stresses the need for a strong commitment of the Member States for the future of the European industry, for the EU to become a climate neutral continent by 2050 and a world leader in low-carbon, sustainable and digitalised technologies, while avoiding carbon leakage; underlines that our climate ambition must not lead to the deindustrialisation of the EU but to sustainable solutions being made more competitive and circular economy opportunities increased; calls for enabling research and innovation, ensuring that the EU attracts the necessary skills and in this way promote the global competitiveness of the EU;
Amendment 19 #
2020/2076(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1 c. Notes that the COVID-19 crisis has emphasised the need for digital solutions, trade and business models; welcomes therefore the Commission’s aim towards EU digital leadership, for example by advancing the WTO negotiations for global rules on electronic commerce; calls for openness to a meaningful outcome of those negotiations to facilitate the flow of data across borders and address unjustified barriers to trade by electronic means, in full conformity with EU privacy and data protection law, including the GDPR, and to make use of the flexibility given by the negotiating directives;
Amendment 19 #
2020/2076(INI)
Draft opinion
Recital A b (new)
Recital A b (new)
Ab. whereas the EU example shows that economic growth and climate protection do not exclude each other as EU emissions are 23% below the 1990 level, while the GDP has increased by 61%;
Amendment 21 #
2020/2076(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on the Commission to focus on domestic productivity within Europe, in order to establish less dependence on vulnerableBelieves that EU resilience can be achieved through the diversification of our trading relations, supply chains and strategic stocks; calls on the Commission to focus on securing the supply within Europe, by establishing strategic diversification of supply chains in core industry sectors such as the tech and telecommunications, medical products and, pharmaceuticals sectorand agricultural products, especially in times of global crisis, and to remain competitive on the global markets; requests the Commission to consider in this respect the establishment of a bold strategic diversification fund, which could be deployed to cover some of the costs related to the diversification of certain strategic supply chains; equally welcomes trade agreements as a way to facilitate diversification of value chains and reinforce EU industry and production; calls on the Commission to continue striking ambitious free trade agreements, which focus on ensuring a level playing field and improved access to public procurement markets; expects in this regard to conclude the FTAs with Australia, New Zealand, Indonesia as well as the PCA with Thailand and encourages the swift ratification of the EU-Mexico and EU-Mercosur FTAs; proposes to the Commission a re-launch of ambitious negotiations with India and scoping exercise with Taiwan; stresses also the importance of including and further developing SME-chapters in all FTAs as a way to promote trade for SMEs;
Amendment 21 #
2020/2076(INI)
Draft opinion
Recital A c (new)
Recital A c (new)
Ac. whereas EU industry has started the shift but still accounts for 20% of the EU`s greenhouse gas emissions and whereas it takes 25 years to transform an industrial sector and all the related value chains;
Amendment 40 #
2020/2076(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Supports, in principle, the initiative to reinforce a rule-based multilateral trading system; expresses its concern, however, about the functioning of the WTO, owing to some international actors abusing their market power; calls on the Commission to ensure a rules-based multilateral system fit for a stronger EU in the world with open and fair trade, while aiming at sustainable economic recovery; stresses that fair and free trade can only function within a fully operational WTO; calls therefore on the Commission to focus its international efforts to mobilise international partners to reform the WTO, while creating a level playing field and combatting unfair trade and investment practices, and exploring the possibilities for a broader plurilateral initiative related to healthcare products as well as to e-commerce;
Amendment 51 #
2020/2076(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Points out that the EU is by far the world’s biggest exporter of services and that they represent about 70 percent of EU GDP; stresses therefore the need to further liberalise services through FTAs, welcomes the ongoing plurilateral negotiations within the WTO on key areas of trade in services;
Amendment 60 #
2020/2076(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Welcomes that the EU Recovery Plan aims to mobilise investment in green and sustainable industry; particularly welcomes the doubling of investment in clean hydrogen technology as this is the only energy source that can replace fossil fuels and thus significantly reduce CO2 emissions in energy intensive industry sectors;
Amendment 67 #
2020/2076(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Emphasises that investments in green technologies, sustainable solutions and new opportunities for companies can turn the Green Deal into a new growth strategy from which innovative small and medium-sized companies can benefit;
Amendment 93 #
2020/2076(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Welcomes the establishment of the EUR 100 billion fund for a ‘just transition’, which will ensure that industries, workers and communities that lose competitiveness in the fight against climate change because they rely on fossil fuels are supported and companies can invest in sustainable production technologies;
Amendment 176 #
2020/2076(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Welcomes, in this regard, the creation of a strategic investment facility proposed in the recovery package and believes it could be complemented by a strategic supply chain diversification fund to reduce overreliance on single suppliers and actively support companies in diversifying production in strategic sectors;
Amendment 188 #
2020/2076(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses the importance of FTAs to ensure the competitiveness of our EU industry in the implementation of the EU climate goals and prevent carbon leakage; emphasises that trade policy must be used effectively as a vector to export our environmental and social standards and to bind our trade partners to their obligations under the Paris Agreement;
Amendment 45 #
2020/2071(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas medicine shortages are a growing public health threat with a serious impact on health care systems and public health;
Amendment 91 #
2020/2071(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the loss of European sovereignty and independence in the health sector is linked to the relocation of production, with 40% of medicinal end products marketed in the EU now originating in third countries; whereas the onlyone way to save money is to rely heavily on subcontractors to produce pharmaceutical raw materials in Asia, where labour costs and environmental standards are lower, with the result that 80% of active ingredients are manufactured outside the EU, mainly in China and India;
Amendment 187 #
2020/2071(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas a strong, innovative and competitive pharmaceutical industry in Europe is in the vital interest of the EU and its Member States;
Amendment 190 #
2020/2071(INI)
Motion for a resolution
Recital J b (new)
Recital J b (new)
Jb. whereas the pharmaceutical industry needs the right legal framework to do research, development and production of pharmaceuticals within the EU;
Amendment 213 #
2020/2071(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Points out that, while public health policies are a Member State matter,the "Union action shall respect the responsibilities of the Member States for the definition of their health policy and for the organisation and delivery of health services and medical care" it is very clear that pharmaceutical legislation needs to be done by the European Union and partly exercised by the EMA and it is incumbent upon the EU to coordinate and complement national measures to guarantee affordable and high- quality health services for the European citizens;
Amendment 274 #
2020/2071(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Commission and the Member States to take whatever action is needed to restore European health sovereignty and local pharmaceutical manufacturing, giving priority to essential and strategic medicines; calls on the Commission to map out potential production sites in the EUemphasises however that in market-based economies relocalisation decisions should remain in the hands of companies;
Amendment 361 #
2020/2071(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Underlines that a complete repatriation of medical supply chains is not feasible in a global economy; emphasises the importance of Free Trade Agreements to ensure the diversification of supply chains; urges the Commission to work closely together with the WHO and WTO to establish an international framework to prevent a future breakdown of medical supply chains;
Amendment 370 #
2020/2071(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Acknowledges that the EU`s recent trade agreements include clear rules on commercial aspects of intellectual property rights, which generally acknowledge the issuing of compulsory licences in line with the TRIPS agreement; calls upon the Commission to ensure that the implementation of the EU free trade agreements does not interfere with the possibilities of invoking flexibilities provided by the TRIPS agreement, and to provide guidance to Member States in order to encourage voluntary licencing over immediate compulsory licencing;
Amendment 397 #
2020/2071(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that procurement procedures with only one successful tenderer with only one production site of the basic substance may exacerbate vulnerability should supplies be disrupted; calls on the Commission and the Member States to introduce procurement procedures under which contracts may be awarded to a number of successful tenderers where each has at least more than one production site in different countries (including one within the EU) for the tendered medicinal product, in order to maintain market competition and reduce the risk of shortages, while guaranteeing high-quality treatment for patients;
Amendment 423 #
2020/2071(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission and the Member States to to make concreate one or more European non-profitproposals how models of public private pharmaceutical undertakings which operate in the public interest to manufacture priority medicines of strategic importance for health caretnership like the US Biomedical Advanced Research and Development Authority can be established in the EU to operate in the public interest; stresses the key contribution that can be made by new technologies and artificial intelligence in enabling European laboratory researchers to form networks and share their objectives and findings;
Amendment 492 #
2020/2071(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Recommends the introduction of centralised management to bring about greater transparency in the distribution chain and the creation of a European supply management unit tasked with developing a European strategy to prevent and resolve breaks in supply;
Amendment 529 #
2020/2071(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission to develop European health strategies on the basis of a common basket of drugs for the treatment of cancer and infections whose prices are harmonised, in a bid to counter recurrent shortages and ensure that patients have access to treatment; calls on the Commission to also examine, whether a harmonised price for those drugs may solve the problems of shortages for those life-saving drugs;
Amendment 531 #
2020/2071(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission to develop European health strategies on the basis of a common basket of drugs for the treatment of cancer and infections whose prices are harmonised, in a bid to counter recurrent shortages and ensure that patients have access to treatment;
Amendment 22 #
2020/2043(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Supports, in the absence of a global carbon price and a multilateral solution, a market-based EU carbon border adjustment mechanism (CBAM), that applies to imports from all third-countries which are not yet part of an effective cap and trade system with at least equivalent GHG emission reduction targets and costs as under EU-ETS, on condition that it is compatible with EU free trade agreements (FTAs) and WTO rules (by being non- discriminatory and not constituting a disguised restriction on international trade), and that it is proportionate, based on the polluter pays principle and fit for purpose in delivering the climate objectives;
Amendment 31 #
2020/2043(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Proposes that the CBAM be implemented as an extension of complementary measure to the EU emissions trading system (EU ETS), which would require importers to purchase allowances from a specific virtual pool mirroring the EU carbon price, as long as third countries do not have a cap and trade system comparable to the EU ETS for the volume of carbon emissions incorporated in their products; notes that the mechanism should ensure a single carbon price, both for domestic producers and importers;
Amendment 32 #
2020/2043(INI)
Draft opinion
Paragraph 2 – point a (new)
Paragraph 2 – point a (new)
(a) Believes that the CBAM should preferably not have a direct impact on intra-EU production costs, also in order to avoid unfair competition on third-country markets.
Amendment 44 #
2020/2043(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Urges that the proposed CBAM apply to all imports in order to avoid distortion in the internal marketConsiders that a CBAM should cover all imports, but that as a starting point already by 2023 it should cover the power sector and energy-intensive industrial sectors like cement, steel, chemicals and fertilisers, which continue to receive substantial free allocations, and still represent 94% of Union industrial emissions;
Amendment 51 #
2020/2043(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that the general exception clause of Article XX of the General Agreement on Tariffs and Trade (GATT) should be the basis for any CBAM design and its only rationale should be an environmental one – reducing global CO2 emissions and prevenhence it should not be established as an immediate alternative to the EU-ETS and the related existing carbon leakage; measures.
Amendment 60 #
2020/2043(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for thorough impact assessments andExpresses concern that a mechanism centred solely on basic materials could lead to a shift in imports towards intermediate and final products not covered by the mechanism, thereby affecting the EU industry; calls for thorough, proper and comprehensive impact assessments prior to its implementation also aimed to identify measures for sectors where the risk of carbon leakage is highest while taking into consideration the sector’s competitiveness and calls on the Commission for the utmost transparency of the process leading to the CBAM, as well as engagement with the EU’s trading partners to build coalitions and avoid any possible retaliations; calls on the Commission not to replace existing carbon leakage measures with an untested mechanism, in order to avoid major uncertainties and risks for European industry;
Amendment 66 #
2020/2043(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Recommends that a design be introduced that measures the carbon content of imports through their basic materials composition (as outlined in the proposal from the European Economic and Social Committee); recalls that this feasible approximation would weigh each basic material covered by the EU ETS and multiply it by its carbon intensity value – which ideally should be defined at countryproducer level; stresses, however, that importers who are more carbon efficient should be allowed to demonstrate the specific carbon intensity of their products;
Amendment 69 #
2020/2043(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Requests that the implementation ofUntil at least 2030, the CBAM framework should be an additional measure to the existing carbon leakage measures under the EU ETS; if after 2030 global markets for carbon lean products are put in place, the CBAM shcould lead to the progressivegradual phasing out of the free allocation of allowances, following an appropriate transition period, since the mechanism; the mechanism intends to ensures that EU producers and importers would have to deal with the samesimilar carbon costs in the EU market; notes that this phasing out should be coupled in parallel with the introduction of export rebates in order to maintain strong decarbonisation incentives, while ensuring a level playing field for EU exports;
Amendment 85 #
2020/2043(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes that many carbon- and trade- intensive industrial sectors could potentially be impacted by the CBAM, either directly or indirectly, and that it could influence supply chains; points therefore out, that any possible CBAM framework should be an additional measure to the existing carbon leakage measures under the EU ETS; stresses that any CBAM should be easy to administer and not place an undue burden on enterprises, especially small and medium- sized enterprises (SMEs).
Amendment 85 #
2020/2043(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls for the inclusion of CBAM revenues into the EU budgetonsiders that the CBAM being an environmental measure, the revenues could be used to co-finance projects that foster technological and energetic transition as well as research on low- carbon projects and further projects in line with the Union`s environmental ambitions;
Amendment 88 #
2020/2043(INI)
Draft opinion
Paragraph 5 – point 1 (new)
Paragraph 5 – point 1 (new)
(1) Is convinced that if the CBAM is designed and implemented as an import- ETS system, maintaining the existing free allowances would not result to double protection.
Amendment 74 #
2020/2036(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls for the removal of barriers, including the simplification of legislation , to diversify funding sources for SMEs, in order to promote SMEs’ ability toEuropean companies, with a particular focus on SMEs, in order to ensure access to equity markets, and to reduce the existing debt bias; points out that the current situation makes European companies and especially SMEs more fragile and vulnerable;
Amendment 97 #
2020/2036(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Takes the view that the efficiency of financial markets should be improved and that the listing of companies should be facilitated; encourages the creation and prioritisation of a large private pan- European fund, an Initial Public Offering (IPO) Fund, to support SME fundings;
Amendment 121 #
2020/2036(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Requests the strengthening of securitisation as a tool and a market through a series of measures to avoid a reduction of European bank lending in the fact of prudential regulation and the successful development of the CMU. These measures should include the realignment of the treatment of cash and synthetic securitisations, of the treatment of regulatory capital and liquidity with that of covered bonds and loans, as well as with the disclosure and due diligence requirements for covered bonds and simple, transparent and standardised (STS) securitisation, along with calibration of the Capital Requirements Regulation for the risk-weight floor calibration and a review of the eligibility criteria for securitisations in terms of the Liquidity Coverage Ration;
Amendment 130 #
2020/2036(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls for targeted measures in terms of alignment and simplification within securities market legislation to expedite the recovery after the COVID-19 crisis; supports changes in the Prospectus Regulation, the Markets in Financial Instruments Directive (MIFID), the Packaged Retail Investment and Insurance Products Regulation (PRIIPS), the Securitisation Regulation and the Market Abuse Regulation to facilitate investments in the real economy, in particular in SMEs, and to allow newcomers and new products to enter the markets, preserving consumer protection and market integrity;
Amendment 182 #
2020/2036(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Takes note of the limited use of the ELTIF vehicle throughout the European Union. Encourages the Commission to review the ELTIF regulation in light of the experience since its entry into force in order to make use of its full potential.
Amendment 183 #
2020/2036(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Encourages the Commission to consider the introduction of an EU “de minimis” or exemption regime for distribution to professionals and/or semi- professional investors in the UCITS framework.
Amendment 198 #
2020/2036(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses the need for European and national supervisory authorities to overcome their differences; calls for enhanced supervisory convergence to promote a common European model, guided by the European Securities and Market Authority (ESMA), to reduce the existing obstacles to cross- border financial operations;
Amendment 240 #
2020/2036(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Recalls the existence of different shortcomings in the legislation on packaged retail investment and insurance products (PRIIPs) that should be addressed in the next review; expects that Level 2 PRIIPs legislation on the Key Investor Document to respect level 1, in particular in relation to the performance scenarios; regrets the delays in the adoption of Level 2 PRIIPs legislation that will overlap with the first review of PRIIPs, and which increases legal uncertainty and costs for stakeholders;
Amendment 252 #
2020/2036(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Urges the Commission to make clear the differentiation between professional and retail investors on all levels of MIFID, making it possible to tailor the treatment of clients according to their knowledge and experience on the markets; requests that the Commission to consider the introduction of a category of semi-professional investors to better respond to the reality of participation on the financial marketsreality of participation on the financial markets by allowing more flexibility in the client categorisation, namely through opt-out options for certain obligations and opt-in options for certain clients or to lower the existing criteria for professional investors ;
Amendment 269 #
2020/2036(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. 1. Calls for amendments to legislation to ensure access to independent advice by financial intermediaries while avoidingithout undue promotion of the institution’s own financial products and while ensuring a fair marketing ofn appropriate marketing of all relevant financial products;
Amendment 323 #
2020/2036(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. 1. Points out that Europe competes for capital in a global market, and that, as a result, deeper, more integrated and efficient European capital markets along with increased risk sharing among stakeholders are critical to protecting Europe’s economic sovereignty, the use of the euro in third countries, and to attracting foreign investors;
Amendment 326 #
2020/2036(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. 1. Reiterates that EU legislation provides for the possibility of considering third-country rules as equivalent based on a proportional and risk and fact-based analysis, and that such decisions should be taken through a delegated act on a rational basis; recalls that the EU can unilaterally withdraw any equivalence decision;
Amendment 4 #
2020/2023(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the EU mandate, adopted by the Council on 25 February, lays the groundwork for aPolitical Declaration is the yardstick for the negotiations and establishes the parameters of an ambitious, broad, deep and flexible partnership across trade and economic cooperation with a comprehensive and balanced Free Trade Agreement at its core, law enforcement and criminal justice, foreign policy, security and defence and wider areas of cooperation; whereas the EU mandate, adopted by the Council on 25 February on that basis, constitutes the negotiating framework that envisages a strong and comprehensive new partnership between the EU and the UK, forming a coherent structure and an overall governance framework; whereas the EU will not accept the UK's piecemeal approach, which seeks to negotiate a series of separate, self- standing agreements;
Amendment 11 #
2020/2023(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the EU is seeking to establish a comprehensive new partnership with the UK that covers theshould maintain its efforts and determination to negotiate an agreas of interest outlinedement as clearly foreseen in the Political Declaration:, trade and economic cooperation, law enforcement and judicial cooperation in criminal mato which both parties, including the UK Prime Ministers, foreign policy, security and defence, and thematic areas of cooperationsigned up on 17 October 2019, and the negotiation mandate;
Amendment 14 #
2020/2023(INI)
Motion for a resolution
Recital F
Recital F
F. whereas as a third country, the UK cannot have the same rights and enjoy the same benefits as a member and the situation in both the EU and the UK will therefore change significantly as of January 2021; whereas the UK's geographic proximity, level of interconnectedness and high level of existing alignment with EU rules should be taken into account in the future partnership agreement, as the EU made it clear from the start that the more privileges and rights the UK seeks, the more obligations will come attached;
Amendment 28 #
2020/2023(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
I a. whereas, if an agreement cannot be reached, both sides would have to be prepared for very dramatic changes to their economies, which will be aggravated by the COVID-19 crisis and its expected economic consequences;
Amendment 33 #
2020/2023(INI)
Motion for a resolution
Recital I b (new)
Recital I b (new)
I b. whereas the current time pressure in the negotiations is merely the result of the UK's choices;
Amendment 34 #
2020/2023(INI)
Motion for a resolution
Subheading 1 a (new)
Subheading 1 a (new)
Regrets that, following three rounds of negotiations, no real progress has been achieved, with the exception of very small openings on a limited number of areas;
Amendment 35 #
2020/2023(INI)
Motion for a resolution
Subheading 1 b (new)
Subheading 1 b (new)
Reiterates that the EU stands firm that tangible progress must be achieved in all areas of negotiations in parallel, including on the level playing field, fisheries, internal security and governance, as outlined in the Political Declaration; emphasises that all negotiations on economic issues are indivisible and the EU will not agree to a Free Trade Agreement without having sufficient level playing field guarantees and a satisfactory agreement on fisheries; thus fully supports the Commission in defending the comprehensive draft treaty as proposed by the EU at the outset, instead of agreeing to separate agreements;
Amendment 36 #
2020/2023(INI)
Motion for a resolution
Subheading 1 c (new)
Subheading 1 c (new)
Welcomes the publication, even if belated, of the UK draft legal proposals; notes that, contrary to the UK's claims of using existing precedents, many of these proposals go significantly beyond what has been negotiated by the EU in other FTAs with third countries in recent years; recalls that any final agreement has to be based on a balance of rights and obligations;
Amendment 45 #
2020/2023(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 82 #
2020/2023(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Underlines that the EU Chief Negotiator has the Parliament's full and unwavering support for insisting that level playing field guarantees are a crucial element of any agreement with the UK, as this is not dogmatism or ideology from the EU's side but a prerequisite to establishing an ambitious and balanced partnership with the UK and preserving the competitiveness of the internal market and EU companies, as well as maintaining and developing in the future high levels of social, environmental and consumer protection;
Amendment 83 #
2020/2023(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Respects fully in this regard the sovereignty of the UK, which the EU has no intention of undermining in the current negotiations; recalls, however, that the UK will never be equal to other third countries due to its status as a former EU Member State, current complete regulatory alignment, and the significant volume of trade between both parties, as well as its geographic proximity to the EU, which all explain the necessity for strong and robust level playing field provisions in the agreement;
Amendment 84 #
2020/2023(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Underlines the fact that from the EU’s perspective, the aim of the negotiations is to establish a new partnership with the UK that is comprehensive and covers the areas outlined iat the EU should keep up its efforts and engagement to negotiate an agreement, as it has always indicated in the Political Declaration and in the negotiation mandate, on the Pfolitical Declarationlowing parts: trade and economic cooperation, law enforcement and judicial cooperation in criminal matters, foreign policy, security and defence, and thematic areas of cooperation; underlines, however, that the EU will not agree to a deal at any cost;
Amendment 97 #
2020/2023(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Emphasises the importance of being readyEU's readiness for the UK’s withdrawal from the internal market and the customs union at the end of the transition period on 31 December 2020, regardless of the outcome of the negotiations; stresses that the consequences will be even more significant should no agreement be reached, however the EU is ready for either scenario; welcomes, in this regard, the Commission’s sector- specific ‘readiness notices’, which seek to ensure that EU industry is ready for the inevitable shock that the UK’s withdrawal from the single market will cause;
Amendment 118 #
2020/2023(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recalls that the Withdrawal Agreement is the instrument for implementing the arrangements for the UK’s withdrawal and that the only purpose of the EU-UK Joint Committee is to oversee its application; underlines the importance ofat the effective implementation of the Withdrawal Agreement ais a precondition for the successful conclusion of an agreement with the UK and is a litmus test for the good faith that the UK brings to the negotiating process and; recalls that the outcome of the negotiations would be linked to itangible progress in the preparations for the implementation of the Withdrawal Agreement needs to be seen as early as possible to allow for an informed consent procedure and cannot be left for the very end of the transition period;
Amendment 168 #
2020/2023(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Notes that contrary to the UK’s claim of relying on existing precedents, many proposals in the UK draft legal proposals go significantly beyond what has been negotiated by the EU in other FTAs with third countries in recent years, for example in the area of financial services, mutual recognition of professional qualifications and conformity assessment, equivalence of the SPS regime, or the cumulation of Rules of Origin;
Amendment 175 #
2020/2023(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12 b. Deeply regrets in this regard that the UK has so far refused to engage, notwithstanding its commitment taken in the Political Declaration, for instance on Public Procurement, maritime transport as well as the protection of future geographical indications, especially as the UK did include some of those topics in its negotiation mandates with the USA and Japan; furthermore regrets that the UK has so far not submitted a proposal on SMEs;
Amendment 177 #
2020/2023(INI)
Motion for a resolution
Paragraph 12 c (new)
Paragraph 12 c (new)
12 c. Recalls that the continued shared commitment to a zero quotas, zero tariffs objective for the trade relationship remains an essential condition for the timely conclusion of an agreement within the extremely tight timeline that none other than the UK has imposed on these negotiations, especially as previous experience has well demonstrated that a tariff-line by tariff-line negotiation could take several years; reiterates in this regard that irrespective of whether 100% or less tariff-lines are scrapped, this will not alter the EU’s demand for robust Level Playing Field conditions; reiterates that the level-playing field provisions must maintain environmental, social and employment standards at the current high levels provided by the existing common standards, relying on appropriate and relevant Union and international standards, and including appropriate mechanisms to ensure effective implementation domestically, as well as include a robust and comprehensive framework for competition and state aid control that prevents undue distortion of trade and competition instead of referring to subsidies only;
Amendment 119 #
2020/0374(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Gatekeepers have a significant impact on the internal market, providing gateways for a large number of business users, to reach end users, everywhere in the Union and on different markets. The adverse impact of unfair practices on the internal market and particularly weak contestability of core platform services, including their negative societal and economic implications, have led national legislators and sectoral regulators to act. A number of national regulatory solutions have already been adopted or proposed to address unfair practices and the contestability of digital services or at least with regard to some of them. This has created a risk of divergent regulatory solutions and thereby fragmentation of the internal market, thus raising the risk of increased compliance costs due to different sets of national regulatory requirements.
Amendment 120 #
2020/0374(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Therefore, business users and end- the objective of this Regulation is to contribute to the proper functioning of the internal market, by increasing the level of consumer protection, by establishing rules that ensure contestability and fairness for the digital section in general, as well as for business users and end-users of core platform services provided by gatekeepers in particular. Business users and end-users of core platform services provided by gatekeepers should be afforded appropriate regulatory safeguards throughout the Union against the unfair behaviour of gatekeepers in order to facilitate cross- border business within the Union and thereby improve the proper functioning of the internal market and to address existing or likely emerging fragmentation in the specific areas covered by this Regulation. Moreover, while gatekeepers tend to adopt global or at least pan-European business models and algorithmic structures, they can adopt, and in some cases have adopted, different business conditions and practices in different Member States, which is liable to create disparities between the competitive conditions for the users of core platform services provided by gatekeepers, to the detriment of integration within the internal market.
Amendment 123 #
2020/0374(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) By approximating diverging national laws, obstacles to the freedom to provide and receive services, including retail services, within the internal market should be eliminated. A targeted set of harmonised mandatory rules should therefore be established at Union level to ensure contestable and fair digital markets featuring the presence of gatekeepers within the internal market.
Amendment 127 #
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 bywithin the scope of this Regulation. At the same time, 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 in an exclusively national context and 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 293 #
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 to rules pursuing other legitimate public interests, in compliance with Union law. In particular, nothing in this Regulation precludes Member States from imposing obligations, which are compatible with Union law, on undertakings, including providers of core platform services, for issues lying outside the scope of this Regulation and 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 170 #
2020/0361(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Considering the particular characteristics of the services concerned and the corresponding need to make the providers thereof subject to certain specific obligations, it is necessary to distinguish, within the broader category of providers of hosting services as defined in this Regulation, the subcategory of online platforms. Online platforms, such as social networks or online marketplaces, should be defined as providers of hosting services that not only store information provided by the recipients of the service at their request, but that also disseminate that information to the public, again at their request. However, in order to avoid imposing overly broad obligations, providers of hosting services should not be considered as online platforms where the dissemination to the public is merely a minor and purely ancillary feature of another service and that feature cannot, for objective technical reasons, be used without that other, principal service, and the integration of that feature is not a means to circumvent the applicability of the rules of this Regulation applicable to online platforms. For example, the comments section in an online newspaper could constitute such a features, readers' forums or editorial communities of newspapers and editorial platforms, 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 551 #
2020/0361(COD)
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. The Commission and the Board shall encourage and facilitate the drawing up of codes of conduct at Union level to contribute to the proper application of this Regulation, taking into account in particular the specificaddressed specifically at the challenges of tackling different types of illegal content and systemic risks, in accordance with Union law, in particular on competition and the protection of personal data.
Amendment 90 #
2020/0300(COD)
Proposal for a decision
Recital 4
Recital 4
(4) According to the EEA report ‘The European environment – state and outlook 2020, Knowledge for transition to a sustainable Europe’ (‘SOER 2020’), 2020 representthere is a unique window of opportunity for the Union to show leadership on sustainability and to face the urgent sustainability challenges requiring systemic solutionin the next decade to lead the global response to sustainability challenges. As stated in SOER 2020, the changes in the global climate and ecosystems observed since the 1950s are unprecedented over decades to millennia. The global population has tripled since 1950, while the population living in cities has quadrupled. With the current growth model, environmental pressures are expected to increase further, causing direct and indirect harmful effects on human health and well-being. This is especially true for the sectors with the highest environmental impact – food, mobility, energy as well as infrastructure and buildings. SOER 2020 concludes, in addition, that the 2050 vision of 'living well, within the limits of our planet' requires making sustainability the guiding principle for ambitious and coherent policies and actions across society in order to achieve inclusive and sustainable growth based on the European Green Deal and the concept of sustainable competitiveness.
Amendment 122 #
2020/0300(COD)
Proposal for a decision
Recital 7
Recital 7
(7) Environment action programmes have guided the development of EU environment policy since the early 1970s. The 7th EAP willhas expired on 31 December 2020 and its Article 4 (3) requires the Commission, if appropriate, to present a proposal for an Eighth Environment Action Programme (8th EAP) in a timely manner with a view to avoiding a gap between the 7th and the 8th EAP. The European Green Deal announced the adoption of a new environment action programme to complement the EGD that will include a new monitoring mechanism to ensure that Europe remains on track to meet its environmental objectives. The Commission will also launch a dashboard to monitor progress against all of the EGD objectives.
Amendment 139 #
2020/0300(COD)
Proposal for a decision
Recital 8
Recital 8
(8) The 8th EAP should support the environment and climate action, endorse and build on the objectives of the European Green Deal in line with the long- term objective to “live well, within the planetary boundaries” by 2050, which is already established in the 7th EAP. It should also be fully aligned with, and contribute to achieving the United Nations’ 2030 Agenda and its Sustainable Development Goals (SDGs).
Amendment 145 #
2020/0300(COD)
Proposal for a decision
Recital 8 a (new)
Recital 8 a (new)
(8a) The SDGs cover the three dimensions of sustainable development (environmental, social and economic) which are integrated and indivisible. Full implementation by the Union of the UN's 2030 agenda for sustainable development and active support for implementation in other regions of the world will be essential if the Union is to provide global leadership in achieving competitive sustainability.
Amendment 149 #
2020/0300(COD)
Proposal for a decision
Recital 9
Recital 9
(9) The 8th EAP should accelerate the transition to a regenerativn inclusive and sustainable economy that gives back to the planet more than it takes. A regenerative growth model, while improving economic opportunities and the state of the environment for future generations. An inclusive and sustainable economy based on the European Green Deal as the Union’s inclusive and sustainable growth strategy, recognises that the wellbeing and prosperity of our societies depend on a stable climate, a healthy environment and thriving ecosystems, which provide a safe operating space for our economies. As the global population and the demand for natural resources continues to grow, economic activity should develop in a sustainable way that does no harm but, on the contrary, reverses climate change and environmental degradation, protects, uses in a sustainable way and restores biodiversity, prevents and minimises pollution and results in maintaining and enriching natural capitalresources, therefore ensuring the abundance of renewable and non-renewable resources. Through continuous innovation, adaptation to new challenges and co-creation, the regenerativinclusive and sustainable economy strengthens resilience, improves economic opportunities and the state of the environment for future generations, and protects present and future generations’ wellbeing.
Amendment 162 #
2020/0300(COD)
Proposal for a decision
Recital 9 a (new)
Recital 9 a (new)
(9a) The Union should commit to a shift towards inclusive and sustainable growth based on the European Green Deal and the concept of sustainable competitiveness, ensuring resilience, improving economic opportunities and the state of the environment, and protecting present and future generations’ wellbeing.
Amendment 165 #
2020/0300(COD)
Proposal for a decision
Recital 9 b (new)
Recital 9 b (new)
(9b) According to the OECD, annual global biodiversity finance from all sources (estimated at USD 78-91 billion) is vastly outweighed by annual government support that is potentially harmful to biodiversity (estimated at around USD 500 billion)1a. Phasing out environmentally harmful subsidies at Union and Member State level without delay was one of the objectives under the 7th EAP. Furthermore, the European Parliament has also called for the phase- out of direct and indirect fossil fuel subsidies in the Union and in the Member States. In order to achieve the thematic objectives of the 8th EAP, one of its enabling conditions should be to support these objectives. __________________ 1a OECD (2020), A Comprehensive Overview of Global Biodiversity Finance.
Amendment 184 #
2020/0300(COD)
Proposal for a decision
Recital 11
Recital 11
(11) Environment policy being highly decentralised, action to achieve the priority objectives of the 8th EAP should be taken at different levels of governance, i.e. at the European, the national, the regional and the local level, with a collaborative approach to multi-level governance. Implementation, enforcement and accountability are essential. The integrated approach to policy development and implementation should be strengthened with a view to maximising the synergies between economic, environmental and social objectives, while paying careful attention tocomprehensively assessing and taking into account the potential trade-offs and to the needs of vulnerable groups. Moreover, action by local and regional authorities, transparent engagement with non- governmental actors, the private sector and the broader public is important for ensuring the success of the 8th EAP and the achievement of its priority objectives. This includes making the impact assessments on which policies are based public.
Amendment 197 #
2020/0300(COD)
Proposal for a decision
Recital 11 a (new)
Recital 11 a (new)
(11a) Action to achieve the Union's environmental and climate objectives needs to be carried out in conjunction with, and must be fully compatible with, the implementation of the European Pillar of Social Rights.
Amendment 203 #
2020/0300(COD)
Proposal for a decision
Recital 12
Recital 12
(12) Enhanced cooperation with partner countries, good global environmental governance as well as synergies and coherence between all internal and external Union policies are key to reaching the Union’s environmental and climate objectives.
Amendment 206 #
2020/0300(COD)
Proposal for a decision
Recital 13
Recital 13
(13) The European Commission should assess the progress in achieving the priority objectives of the 8th EAP by the Union and the Member States in the context of the just transition towards greater sustainability, wellbeing and resilience. This is in line with calls of the Council27 and the European Economic and Social Committee28 for measuring economic performance and societal progress “beyond GDP”, and moving towards using well-being as a compass for policy, which is also supported by the OECD29 . __________________ 27See e.g. https://data.consilium.europa.eu/doc/docu ment/ST-10414-2019-INIT/en/pdf 28https://www.eesc.europa.eu/en/our- work/opinions-information- reports/opinions/reflection-paper- towards-sustainable-europe-2030. 29See e.g. the OECD Well-being Framework, the OECD Framework for Policy Action on Inclusive Growth, the Better Life Initiative and the New Approaches to Economic Challenges Initiativean inclusive and sustainable economy based on a new growth strategy that will benefit European citizens and companies.
Amendment 230 #
2020/0300(COD)
Proposal for a decision
Recital 17 a (new)
Recital 17 a (new)
(17a) As the Commission’s Communication on the European Green Deal already contains a roadmap for key actions in the environmental field during the current Commission’s mandate, the 8th EAP, exceptionally, does not define actions to achieve its priority objectives until 2025. To assess progress on the 8th EAP and to inform the priorities of the incoming Commission, a mid-term evaluation should be carried out by 31 March 2024, taking into account the main findings of the European Environment Agency’s report on the state of the environment. This mid-term evaluation should be followed, if needed, by a legislative proposal amending the 8th EAP. The incoming Commission after the 2024 European Parliament elections should produce a report in which it outlines the environment and climate priorities on which it plans to take action during its mandate and how this action is to ensure the full achievement of the 8th EAP’s priority objectives, in light of progress outlined in the mid-term evaluation.
Amendment 232 #
2020/0300(COD)
Proposal for a decision
Recital 17 b (new)
Recital 17 b (new)
(17b) Monitoring progress towards the 8th EAP priority objectives should be done in synergy with what already exists, thus in order to limit the administrative burden. The monitoring framework should be based on a limited number of indicators in order to allow for adequate political guidance and should rely on existing data, such as data of the European Environment Agency.
Amendment 246 #
2020/0300(COD)
Proposal for a decision
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This decisions sets out a general action programme in the field of the environment for the period up to 31 December 2030 (‘the 8th Environment Action Programme’ or ‘8th EAP’). It lays down its priority objectives, identifies enabling conditions, coordinates related actions necessary for their achievement, and sets a framework to measure whether the Union and its Member States are on track to meet those priority objectives.
Amendment 253 #
2020/0300(COD)
Proposal for a decision
Article 1 – paragraph 2
Article 1 – paragraph 2
2. The 8th EAP aims at accelerating the transition to a climate-neutral, sustainable, resource-efficient, clean and circular economy in a just and inclusive way, and endorses the environmental and climate and competitive circular economy with the zero pollution ambition for a toxic-free environment and high-quality jobs, where there are no net emissions of greenhouse gases in 2050 and where economic growth is decoupled from resource use in a just and inclusive way, and at protecting, restoring and improving the quality of the environment and at halting and reversing biodiversity loss and tackling the degradation of ecosystems. It endorses and builds on the objectives of the European Green Deal and its initiatives.
Amendment 273 #
2020/0300(COD)
Proposal for a decision
Article 1 – paragraph 3
Article 1 – paragraph 3
3. The 8th EAP forms the basis for achieving the environmental and climate objectives defined under the United Nations 2030 Agenda and, its Sustainable Development Goals and ithe Paris Agreement. Its monitoring framework constitutes the environment and climate part ofshall contribute to the EU’s efforts to measure progress towards greater sustainability, including climate neutrality and resource efficiency, wellbeing and resilience.
Amendment 279 #
2020/0300(COD)
Proposal for a decision
Article 2 – paragraph 1
Article 2 – paragraph 1
1. The 8th EAP shasll have the long- term priority objective for 2050 thatthat by 2050 citizens live well, within the planetary boundaries in a regenerative economyn inclusive and sustainable economy based on the European Green Deal as the Union’s inclusive and sustainable growth strategy, where nothing is wasted, no net emissions of greenhouse gases are produced and economic growth is decoupled from resource use and environmental degradation. A healthy environment underpins the well-being of citizens, biodiversity thrives and natural capitalthe environment is protected, and restored and valued in ways that. It also allows for the enhancement of resilience to climate change and other environmental risks. The Union sets the pace for ensuring the prosperity of present and future generations globally.
Amendment 301 #
2020/0300(COD)
Proposal for a decision
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) irreversible and gradual, predictable and swift reduction of greenhouse gas emissions and enhancement of removals by natural andor other sinks in the Union, in line with the Union's climate and environment objectives, to attain the 2030 greenhouse gas emission reduction target and achieve climate neutrality by 2050 as laid down in Regulation (EU) …/…32 ; __________________ 32 COM/2020/80 final.
Amendment 312 #
2020/0300(COD)
Proposal for a decision
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
(b) continuous progress in enhancing adaptive capacity, strengthening resilience and reducing vulnerability of society, the economy and the environment, to climate change;
Amendment 334 #
2020/0300(COD)
Proposal for a decision
Article 2 – paragraph 2 – point e
Article 2 – paragraph 2 – point e
(e) protecting, preserving and restoring biodiversity and enhancing natural capital, notably of air, water, soil, and forest, freshwater, wetland and marine ecosystems, in line with the 2030 Biodiversity Strategy;
Amendment 353 #
2020/0300(COD)
Proposal for a decision
Article 2 – paragraph 2 – point f
Article 2 – paragraph 2 – point f
(f) promoting environmental sustainability and reducing key environmental and climate pressures related to production and consumption, in particular in the areas of energy, industrial development, buildings and infrastructure, mobility, international trade and the food system.
Amendment 360 #
2020/0300(COD)
Proposal for a decision
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2a. The thematic priority objectives laid down in paragraph 2 shall cover the targets and actions set out in the EGD as well as all in the strategies, initiatives and frameworks under the EGD.
Amendment 381 #
2020/0300(COD)
Proposal for a decision
Article 3 – paragraph 1 – point b – indent -1 (new)
Article 3 – paragraph 1 – point b – indent -1 (new)
– fully respecting Article 191 TFEU;
Amendment 382 #
2020/0300(COD)
Proposal for a decision
Article 3 – paragraph 1 – point b – indent 1
Article 3 – paragraph 1 – point b – indent 1
– mainstreaming the priority objectives set out in Article 2 in all relevant strategies, legislative and non- legislative initiatives, programmes, investments and projects at Union, national, regional and local levels so that theyand ensure that all strategies, legislative and non-legislative initiatives, programmes, investments and projects and their implementation do no significant harm to any of the priority objectives set out in Article 2; , in line with Regulation (EU)2020/852 of the European Parliament and of the Council1a; __________________ 1a Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU) 2019/2088 (OJ L 198, 22.6.2020, p. 13).
Amendment 386 #
2020/0300(COD)
Proposal for a decision
Article 3 – paragraph 1 – point b – indent 1 a (new)
Article 3 – paragraph 1 – point b – indent 1 a (new)
– reviewing, as set out in the Climate Law, the consistency of Union measures with the climate-neutrality objective set out in that Regulation, as well as the adequacy of Union measures and policies, including sectoral legislation, the Union's external action and the Union's budget, to ensure progress on adaptation;
Amendment 391 #
2020/0300(COD)
Proposal for a decision
Article 3 – paragraph 1 – point b – indent 1 b (new)
Article 3 – paragraph 1 – point b – indent 1 b (new)
– assessing, as set out in the Climate Law, the consistency of any draft measure, including but not limited to any legislative and budgetary proposal, with the Union climate objectives set out in the Climate Law.
Amendment 396 #
2020/0300(COD)
Proposal for a decision
Article 3 – paragraph 1 – point b – indent 3
Article 3 – paragraph 1 – point b – indent 3
– paying careful attention tocomprehensively assessing and taking into account synergies and potential trade-offs between economic, environmental and social objectives for all initiatives so as to ensure that citizens’ needs for nutrition, housing and, mobility, energy, water and wellbeing are met in a sustainable way that leaves no- one behind;
Amendment 409 #
2020/0300(COD)
Proposal for a decision
Article 3 – paragraph 1 – point b – indent 4
Article 3 – paragraph 1 – point b – indent 4
– regularly evaluating existing policies and preparing comprehensive impact assessments for new initiatives and legislation, which are based on wide consultations following procedures that are accountable, inclusive, informed and simple to implement, and which pay due regard to projecduly take into account environmental and climated impacts on environment and climateas part of a comprehensive assessment of all dimensions;
Amendment 414 #
2020/0300(COD)
Proposal for a decision
Article 3 – paragraph 1 – point b – indent 4 a (new)
Article 3 – paragraph 1 – point b – indent 4 a (new)
– taking into account the cost of inaction when evaluating existing policies and developing new initiatives, paying due regard to the costs to the environment and to health;
Amendment 422 #
2020/0300(COD)
Proposal for a decision
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) effectiwithout prejudice of the velry integrating environmental and climate sustainability own nature of the European Semester of Economic governance being a cycle of economic policy coordination, further aligning the European Semester of economic governanceprocess, including in the National Reform Programmes and National Recovery and Resilience plans, with the EU’s long-term climate and environmental objectives in line with the Commission’s engagements under the European Green Deal;
Amendment 447 #
2020/0300(COD)
Proposal for a decision
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
(e) strengthening environmentally positive incentives and phasing out the most environmentally harmful subsidies at Union and national level without delay, making the best use of market-based instruments and green budgeting tools, including those required to ensure a socially fair transition, and supporting businesses and other stakeholders in developing standardised natural capital accounting practices;
Amendment 451 #
2020/0300(COD)
Proposal for a decision
Article 3 – paragraph 1 – point e a (new)
Article 3 – paragraph 1 – point e a (new)
(ea) investing in biodiversity protection and restoration in line with the minimum spending targets agreed through the MFF and with the funding objectives in the EU Biodiversity Strategy, which should be tracked through a robust, transparent and comprehensive methodology;
Amendment 454 #
2020/0300(COD)
Proposal for a decision
Article 3 – paragraph 1 – point e b (new)
Article 3 – paragraph 1 – point e b (new)
(eb) scaling up the measures against illegal exploitation of natural resources, associated corruption and money laundering, waste crime and illegal exports and increasing cooperation with third countries in relation to these measures;
Amendment 460 #
2020/0300(COD)
Proposal for a decision
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) ensuring that environmental policies and action are based on the best available scientific knowledge and strengthening the environmental knowledge base and its uptake, including by research, innovation, fostering green skills, engaging with civil society and further building up environmental and ecosystem accounting;
Amendment 517 #
2020/0300(COD)
Proposal for a decision
Article 3 – paragraph 1 – point k – indent 1
Article 3 – paragraph 1 – point k – indent 1
– engaging with partnerthird countries on climate and environmental action, encouraging and supporting them to adopt and implement rules in these areas that are as ambitious as those of the Union, and ensuring that all products placed on the Union market fully comply with relevant Union requirements in line with the Union’s international commitments, especially regarding the fight against deforestation;
Amendment 521 #
2020/0300(COD)
Proposal for a decision
Article 3 – paragraph 1 – point k – indent 1 a (new)
Article 3 – paragraph 1 – point k – indent 1 a (new)
– promoting sustainable corporate governance;
Amendment 538 #
2020/0300(COD)
Proposal for a decision
Article 3 – paragraph 1 – point k – indent 5 a (new)
Article 3 – paragraph 1 – point k – indent 5 a (new)
– strengthening the capacity of citizens to act, through awareness raising, lifelong environmental education and civic involvement;
Amendment 542 #
2020/0300(COD)
Proposal for a decision
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. In order to achieve the enabling conditions set out in paragraph 1, the Commission shall take the following actions: (a) carry out the reviews and assessments set out paragraph 1 and propose remedying measures where necessary; (b) develop, where necessary and for the purpose of carrying out comprehensive impact assessments, adequate tools to assess the environmental impacts of new policies, initiatives and legislation where existing tools are insufficient; (c) further streamline the various monitoring frameworks in place at Union level to measure social, economic and environmental progress; (d) conduct comprehensive impact assessments on all legislative proposals under the EAP; (e) provide an up-to-date overview on its website of the objectives under the EGD and the progress towards their achievement;
Amendment 552 #
2020/0300(COD)
Proposal for a decision
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. The relevant Union institutions and Member States shall be responsible for taking appropriate action, with a view to the delivery of the priority objectives set out in the Article 2(1) and (2). Action shall be taken with due account of the principles of conferral, subsidiarity and proportionality, in accordance with Article 5 of the Treaty on European Union.
Amendment 559 #
2020/0300(COD)
Proposal for a decision
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The Commission, supported by the European Environment Agency and the European Chemicals Agency, shall monitor, assess and report on the progress of the Union and the Member States with regard to achieving the priority objectives laid down in Article 2 on a regular basis, taking into consideration the enabling conditions laid down in Article 3.
Amendment 567 #
2020/0300(COD)
Proposal for a decision
Article 4 – paragraph 1 b (new)
Article 4 – paragraph 1 b (new)
1b. The assessment referred to in paragraph 1 shall include information on: – progress made towards achieving the priority objectives set out in Article 2(1) and (2), as soon as the monitoring framework allows for this; – distance to the targets set in place to achieve the priority objectives; – related funding, based on the tracking methodology for climate and biodiversity mainstreaming agreed under the MFF; – recommendations to address potential shortfalls and challenges.
Amendment 568 #
2020/0300(COD)
Proposal for a decision
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The assessment referred to in paragraph 1 aims at facilitating strategic political communication. It shall be based on a limited number of headline indicators, identified by the end of 2021 as a result of a broad stakeholder consultation, and shall reflect the latest developments as regards the availability and relevance of data and indicators, building on data available in the Member States and at the Union level, in particular those operated by the European Environment Agency and the European Statistical System, with a view to minimising administrative burden. This assessment shall be coherent and without prejudice to existing monitoring, reporting and governance frameworks and exercises covering environment, social, economic and climate policy.
Amendment 598 #
2020/0300(COD)
Proposal for a decision
Article 5 – paragraph -1 (new)
Article 5 – paragraph -1 (new)
-1. By 31 March 2024, the Commission shall carry out a mid-term review of the progress achieved towards the thematic priority objectives defined in Article 2(2), taking into account the enabling conditions laid down in Article 3 and including the targets under the EGD, based on the assessments carried under Art 4(1), as well as on the outcome of a public consultation, and shall submit a report to the European Parliament and to the Council.
Amendment 603 #
2020/0300(COD)
Proposal for a decision
Article 5 – paragraph -1 a (new)
Article 5 – paragraph -1 a (new)
-1a. In light of progress set out in the mid-term evaluation referred to in paragraph-1, of any other relevant policy developments, and of the European Environment Agency’s report on the state of the environment, the incoming Commission after the 2024 European Parliament elections shall present to the European Parliament and to the Council the actions it plans to take during its mandate in order to ensure the full achievement, by 2030 and 2050 respectively, of the 8th EAP’s priority objectives, as well as a respective timeline of these actions.
Amendment 607 #
2020/0300(COD)
Proposal for a decision
Article 5 – paragraph 1
Article 5 – paragraph 1
By 31 March 2029, the Commission shall carry out an evaluation of the 8th EAP. The Commission shall submit a report to the European Parliament and to the Council containing the main findings of that evaluation, accompanied, if the Commission deems appropriate, by a legislative proposal for the next environmental action programme. Such a legislative proposal shall be presented in a timely manner, with a view to avoiding a gap between the 8th and the 9th EAP.
Amendment 138 #
2020/0267(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The European Commission’s communication on a Digital Finance Strategy32 aims to ensure that the Union financial services legislation is fit for the digital age and contributes to a future- ready economy that works for the people, including by enabling the use of innovative technologies. The Union has a policy interest in exploring, developing and promoting the uptake of transformative technologies in the financial sector, such as blockchain and distributed ledger technology (‘DLT’). Crypto-assets are one of the main DLT applications for finance. _________________ 32Communication from the Commission to the European Parliament, the Council, the European Central Bank, the European Economic and Social Committee and the committee of the Regions on a Digital Finance Strategy for EU COM(2020)591
Amendment 149 #
2020/0267(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) At the same time, regulatory gaps exist due to legal, technological and operational specificities related to the use of DLT and crypto-assets that qualify as financial instruments. For instance, there are no transparency, reliability and safety requirements imposed on the protocols and smart contracts underpinning crypto-assets that qualify as financial instruments. The underlying technology could also pose some novel forms of cyber risks that are not appropriately addressed by existing rules and practices. Several projects for the trading and post-trading of crypto-assets qualifying as financial instruments have been developed in the Union, but few are already in operation or they have limited scale. Given this limited experience as regards the trading and post-trading of transactions in crypto-assets that qualify as financial instruments, it would currently be premature to bring significant modifications to the Union financial services legislation to enable the full deployment of such crypto-assets and their underlying technology. At the same time, the creation of financial market infrastructures for crypto-assets that qualify as financial instruments is currently constrained by some requirements embedded in the Union’s financial services legislation that would not be fully adapted to crypto-assets qualifying as financial instruments and to the use of DLT. For instance, trading platforms for crypto- assets usually give direct access to retail investors, while traditional trading venues usually give access through financial intermediaries.
Amendment 155 #
2020/0267(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) In order to allow for the development of crypto-assets that qualify as financial instruments and DLT, while preserving a high level of financial stability, market integrity, transparency and investor protection, it would be useful to create a pilot regime for DLT market infrastructures. A pilot regime for DLT market infrastructures should allow such DLT market infrastructures to be temporarily exempted from some specific requirements under the Union financial services legislation that could otherwise prevent them from developing solutions for the trading and settlement of transactions in crypto-assets that qualify as financial instruments. The pilot regime should also enable the European Securities and Markets Authorities (ESMA) and competent authorities to gain experience on the opportunities and specific risks crelated byto crypto-assets that qualify as financial instruments, and by their underlying technology. The experience gained with the pilot regime is intended to identify possible practical proposals for a suitable regulatory framework in order to make targeted adjustments to existing Union law regulating the issuance, safekeeping and asset servicing, trading and settlement of financial instruments based on DLT.
Amendment 178 #
2020/0267(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) A DLT MTF or a CSD operating a DLT securities settlement system should only admit to trading or record DLT transferable securities on theira distributed ledger. DLT transferable securities should be crypto-assets that qualify as ‘transferable securities’ within the meaning of Directive 2014/65/EU (the Market in Financial Instruments Directive, MiFID II) and that are issued, transferred and stored on a distributed ledger.
Amendment 188 #
2020/0267(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) A DLT MTF should be able to request one or several exemptions on a temporary basis, as listed under this Regulation, to be granted by the competent authority after ESMA has issued a non- binding opinion, if it complies with the conditions attached to such exemptions as well as additional requirements set under this Regulation to address novel forms of risks raised by the use of DLT. The DLT MTF should also comply with any compensatory measure imposed by the competent authority in order to meet the objectives pursued by the provision for which an exemption has been requested.
Amendment 223 #
2020/0267(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) The specific permission granted to a DLT market infrastructure should follow the same procedures as the authorisation of a traditional MTF, or a CSD where such a CSD is seeking to operate a new securities settlement system. However, when applying for a permission, the applicant DLT infrastructure should indicate the exemptions it would be seeking. Before granting a permission to a DLT market infrastructure, the competent authority should consult ESMA. ESMA should issue a non-binding opinion and make any non- binding recommendations on the application or the exemptions requested. ESMA should also consult the competent authorities of the other Member States. Where issuing its non-binding opinion, ESMA should aim at ensuring financial stability, market integrity and investor protection. In order to ensure the level- playing field and fair competition across the single market, ESMA’s non-binding opinion should also aim at ensuring the consistency and proportionality of the exemptions granted by different competent authorities across the Union.
Amendment 225 #
2020/0267(COD)
Proposal for a regulation
Recital 33 a (new)
Recital 33 a (new)
(33 a) Access to the pilot regime should not be limited to incumbents, but instead should be open to new entrants. Thus, where an entity that is not authorised under MIFID II or under the Central Securities Depositories Regulation applies for an authorisation under those legal acts and, at the same time, applies for a specific permission under this Regulation, the competent authority should, in assessing the application for authorisation under MIFID II or under the Central Securities Depositories Regulation, only verify compliance with requirements in respect of which an exemption has not been requested and granted under the pilot regime. In such cases, authorisation under MIFID II or under the Central Securities Depositories Regulation should be given only for the purpose of operating a DLT market infrastructure under this Regulation.
Amendment 237 #
2020/0267(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) Five years after the entry into application of this Regulation, ESMA, after consulting the national competent authorities, should report to the Commission on this pilot regime for DLT market infrastructures, including on the potential benefits linked to the use of DLT, the risks raised and the technical difficulties. Based on ESMA’s report, the Commission should report to the Council and European Parliament. This report should assess the costs and benefits of extending this regime on DLT market infrastructures for another period of time, extending this regime to new type of financial instruments, making this regime permanent with or without modifications, bringing modifications to the Union financial services legislation or terminating this regime.
Amendment 243 #
2020/0267(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
(1) This Regulation lays down requirements on multilateral trading facilities and securities settlement systems using distributed ledger technology ‘DLT market infrastructures’, which are granted with a specific permissions to operate in accordance with Article 7 and Article 8.
Amendment 246 #
2020/0267(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point f
Article 1 – paragraph 2 – point f
(f) cooperation between operators of DLT market infrastructures, national competent authorities and ESMA.
Amendment 250 #
2020/0267(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
(1 a) the owner and accountable entity in charge of the DLT network should provide the information related to the underlying technical approach of DLT infrastructure and be liable in the event of any issues or disruptions. A delineation between permissioned and permission-less DLT infrastructures should be introduced in the text as liabilities linked to the two types of DLT infrastructures could be different;
Amendment 256 #
2020/0267(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) ‘DLT transferable securities’ means ‘transferable securities’ within the meaning of Article 4(1)(44) (a) and (b) of Directive 2014/65/EU, including depositary receipts, that are issued, recorded, transferred and stored using a DLT;
Amendment 259 #
2020/0267(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6 a (new)
Article 2 – paragraph 1 – point 6 a (new)
(6 a) “DLT units of collective investment undertakings” means units of collective investment undertakings mentioned in Annex III, section C, item 3 of Directive 2014/65/EU that are issued, recorded, transferred and stored using a DLT;
Amendment 272 #
2020/0267(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) shares, the issuer of which has a market capitalisation or a tentative market capitalisation of less than EUR 2500 million; or
Amendment 274 #
2020/0267(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) convertible bonds, covered bonds, corporate bonds, sovereign bonds, other public bonds and other bonds, with an issuance size of less than EUR 500 million.
Amendment 278 #
2020/0267(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b a (new)
Article 3 – paragraph 1 – point b a (new)
(b a) DLT ETF units, UCITS units, investing in the types of instruments referred to in points (a) and (b).
Amendment 283 #
2020/0267(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 333 #
2020/0267(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) complies with the conditions set out in paragraphs 2 to 7 and with any additional compensatory measures that the competent authority or ESMA after consulting the national competent authority, which granted the specific permission may deem appropriate in order to meet the objectives pursued by the provisions from which an exemption is requested or to ensure investor protection, market integrity and/or financial stability.
Amendment 405 #
2020/0267(COD)
Proposal for a regulation
Article 7 – paragraph 3 – introductory part
Article 7 – paragraph 3 – introductory part
3. BeforeAfter deciding on an application for a specific permission to operate a DLT MTF under this Regulation, the competent authority of the home Member State shall notify and provide all relevant information on the DLT MTF to ESMA, an explanation of the exemptions requested, their justifications and any compensatory measures proposed by the applicant or required by the competent authoritythe application to operate on the DLT MTF to ESMA for information purposes and in order to fulfil the obligations set out in Article 7, paragraph 5, second subparagraph.
Amendment 452 #
2020/0267(COD)
Proposal for a regulation
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. Without prejudice to the application of any relevant provisions of Directive 2014/65/EU and Regulation (EU) No 909/2014, the operators of DLT market infrastructures shall cooperate with the competent authorities which are entrusted with granting specific permissions under this Regulation and with ESMA.
Amendment 455 #
2020/0267(COD)
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1 – introductory part
Article 9 – paragraph 1 – subparagraph 1 – introductory part
In particular, immediately upon becoming aware of any of the matters listed below, the operators of DLT market infrastructures shall notify, the said competent national authorities and ESMA, thereof. Such matters include, without limitation:
Amendment 470 #
2020/0267(COD)
Proposal for a regulation
Article 10 – paragraph 1 – introductory part
Article 10 – paragraph 1 – introductory part
1. Five years from the entry into application of this Regulation, at the latest, ESMA shall present a report to the Commission on:
Amendment 281 #
2020/0266(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 6
Article 3 – paragraph 1 – point 6
(6) ‘ICT-related incident’ means an unforeseen identified occurrence in the network and information systems, whether resulting from malicious activity or not, which compromises the security of network and information systems, of the information that such systems process, store or transmevent or a series of linked events, unplanned by the financial entity, which has or will have an adverse impact on the integrity, or has adverse effects on the availability, confidentiality, continuity and/or authenticity of financial services provided by the financial entity;
Amendment 361 #
2020/0266(COD)
Proposal for a regulation
Article 5 – paragraph 9 – point d
Article 5 – paragraph 9 – point d
(d) explaining the ICT reference architecture and any changes needed to reach specific business objectives;
Amendment 386 #
2020/0266(COD)
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
5. Financial entities shall identify and document all critical processes that are dependent on ICT third-party service providers, and shall identify interconnections with ICT third-party service providers that support critical or important functions.
Amendment 406 #
2020/0266(COD)
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 1
Article 8 – paragraph 4 – subparagraph 1
For the purposes of point (b), financial entities shall design the network connection infrastructure in a way that allows it to be instantaneously severed and shall ensure its compartmentalisation and segmentation, in order to minimise and prevent contagion, especially for interconnected financial processes.
Amendment 424 #
2020/0266(COD)
Proposal for a regulation
Article 10 – paragraph 5 – point a
Article 10 – paragraph 5 – point a
(a) test the ICT Business Continuity Policy and the ICT Disaster Recovery Plan at least every three yearlys and after, if substantive changes to the ICT systems occurred, in the year thereafter;
Amendment 436 #
2020/0266(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Backup systems shall begin processing without undue delay, unless such start would jeopardize the security of the network and information systems or the integrity or confidentiality of dataFinancial entities shall establish backup systems that operate in accordance with the backup policies.
Amendment 443 #
2020/0266(COD)
Proposal for a regulation
Article 11 – paragraph 5 – subparagraph 1 – point a
Article 11 – paragraph 5 – subparagraph 1 – point a
(a) located at a geographical distance from the primary processing site, designed or equipped to ensure that it bears a distinct risk profile and to prevent it from being affected by the event which has affected the primary site;
Amendment 623 #
2020/0266(COD)
Proposal for a regulation
Article 27 – paragraph 2 – point b
Article 27 – paragraph 2 – point b
Amendment 656 #
2020/0266(COD)
Proposal for a regulation
Article 28 – paragraph 2 – point e
Article 28 – paragraph 2 – point e
Amendment 657 #
2020/0266(COD)
Proposal for a regulation
Article 28 – paragraph 2 – point f
Article 28 – paragraph 2 – point f
Amendment 683 #
2020/0266(COD)
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
4. The Oversight Forum shall be composed of the Chairpersons of the ESAs, and at least one high-level representative from the current staff of the relevant competent authority from each Member State. The Executive Directors of each ESA and one representative from the European Commission, from the ESRB, from ECB and from ENISA shall participate in the Oversight Forum as observers.
Amendment 687 #
2020/0266(COD)
Proposal for a regulation
Article 29 – paragraph 5
Article 29 – paragraph 5
5. In accordance with Article 16 of Regulation (EU) No 1093/2010, (EU) No 1094/2010 and (EU) No 1095/2010, the ESAs shall issue guidelines on the cooperation between the ESAs and the national competent authorities for the purposes of this Section on the detailed procedures and conditions relating to the execution of tasks between national competent authorities and the ESAs and details on exchanges of information needed by national competent authorities to ensure the follow-up of recommendations addressed by Lead Overseers pursuant to point (d) of Article 31(1) to critical ICT third-party providers.
Amendment 96 #
2020/0265(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) A competent authority should refuse authorisation where the prospective issuer of asset-referenced tokens’ business model may pose a serious threat to financial stability, monetary policy transmission and monetary sovereignty. The competent authority should consult the EBA and ESMA and, where the asset- referenced tokens is referencing Union currencies, the European Central Bank (ECB) and the national central bank of issue of such currencies before granting an authorisation or refusing an authorisation. The full supervisory competences and responsibilities should remain with the competent authorities. The EBA, ESMA, and, where applicable, the ECB and the national central banks should provide the competent authority with a non-binding opinion on the prospective issuer’s application. Where authorising a prospective issuer of asset- referenced tokens, the competent authority should also approve the crypto-asset white paper produced by that entity. The authorisation by the competent authority should be valid throughout the Union and should allow the issuer of asset-referenced tokens to offer such crypto-assets in the Single Market and to seek an admission to trading on a trading platform for crypto- assets. In the same way, the crypto-asset white paper should also be valid for the entire Union, without possibility for Member States to impose additional requirements.
Amendment 615 #
2020/0265(COD)
Proposal for a regulation
Article 39 – paragraph 1 – point e
Article 39 – paragraph 1 – point e
Amendment 630 #
2020/0265(COD)
Proposal for a regulation
Article 39 – paragraph 6 – point a – point ii
Article 39 – paragraph 6 – point a – point ii
ii) the threshold for the value of the asset-referenced token issued or, where applicable, the market capitalisation of such an asset-referenced token shall not be lower than EUR 1.2 billion;
Amendment 632 #
2020/0265(COD)
Proposal for a regulation
Article 39 – paragraph 6 – point a – point iii
Article 39 – paragraph 6 – point a – point iii
iii) the threshold for the number and value of transactions in those asset- referenced tokens shall not be lower than 5050 000 transactions per day or EUR 1010 million per day respectively;
Amendment 634 #
2020/0265(COD)
Proposal for a regulation
Article 39 – paragraph 6 – point a – point iv
Article 39 – paragraph 6 – point a – point iv
iv) the threshold for the size of the reserve assets as referred to in point (d) shall not be lower than EUR 1.2 billion;
Amendment 635 #
2020/0265(COD)
Proposal for a regulation
Article 39 – paragraph 6 – point a – point v
Article 39 – paragraph 6 – point a – point v
Amendment 2 #
2020/0108(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The Covid-19 pandemic is a major shock to the global and Union economy. Due to the necessary containment measures, economic activity in the EU dropped significantly. The contraction in EU GDP in 2020 is expected to be around 7.5%, far deeper than during the financial crisis in 2009. The outbreak of the pandemic has shown the interconnectivity of global supply chains and exposed some vulnerabilities such as the over-reliance of strategic industries on non-diversified external supply sources. Such vulnerabilities need to be addressed, particularly for small and medium-sized enterprises (SMEs), to improve the Union’s emergency response as well as the resilience of the entire economy, while maintaining its openness to competition and trade in line with its rules. Investment activity is expected to have dropped significantly. Even before the pandemic, while a recovery in investment-to-GDP ratios in the Union could be observed, it remained below what might be expected in a strong recovery and was insufficient to compensate for years of underinvestment following the 2009 crisis. More importantly, the current investment levels and forecasts do not cover the Union’s needs for structural investment to restart and sustain long-term growth in the face of technological change and global competitiveness, including for innovation, skills, infrastructure, small and medium- sized enterprises (SMEs) and the need to address key societal challenges such as sustainability or population ageing. Consequently, in order to achieve the Union's policy objectives, in particular the dual objective of accelerating the climate and digital transitions, and to support a swift, inclusive and healthy economic recovery, support is necessary to address market failures and sub-optimal investment situations and to reduce the investment gap in targeted sectors.
Amendment 14 #
2020/0108(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The InvestEU Fund should contribute to improving the competitiveness and socio-economic convergence and cohesion, cohesion and long-term economic growth of the Union, including in the fields of innovation and digitisation, to the efficient use of resources in accordance with the circular economy, to the sustainability and inclusiveness of the Union's economic growth and to the social resilience and integration of the Union capital markets, including through solutions that address the fragmentation of Union capital markets and that diversify sources of financing for Union enterprises. To that end, the InvestEU Fund should support projects that are technically and economically viable by providing a framework for the use of debt, risk sharing and equity instruments backed up by a guarantee from the Union budget and by financial contributions from implementing partners as relevant. The InvestEU Fund should be demand-driven, while at the same time it should focus on providing strategic, long-term benefits in relation to key areas of Union policy which otherwise would not be funded or would be insufficiently funded, thereby contributing to meeting policy objectives of the Union. Support under the InvestEU Fund should cover a wide range of sectors and regions, but should avoid excessive sectoral or geographical concentration and should facilitate access of projects composed of partner entities in multiplewith high growth potential and in key strategic sectors in all regions across the EU.
Amendment 28 #
2020/0108(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Reflecting the importance of tackling climate change in line with the Union's commitments to implement the Paris Agreement on Climate Change and the SDGs, the InvestEU Programme will contribute to mainstream climate actions and to the achievement of an overall target of 2530 % of the Union budget expenditures supporting climate objectives. Actions under the InvestEU Programme are expected to contribute 3at least 40 % of the overall financial envelope of the InvestEU Programme to climate objectives. Relevant actions will be identified during the InvestEU Programme's preparation and implementation and reassessed in the context of the relevant evaluations and review processes.
Amendment 56 #
2020/0108(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) In the economic crisis caused by the Covid-19 pandemic, market allocation of resources is not fully efficient and perceived risk impairs private investment flow significantly. Under such circumstances, the key feature of the InvestEU Fund of de-risking economically viable projects to crowd in private finance is particularly valuable and should be reinforced, inter alia in order to counteract the risk of an asymmetric recovery. The InvestEU Programme should be able to provide crucial support to companies in the recovery phase, in particular SMEs, and at the same time ensure a strong focus of investors on the Union’s medium- and long-term policy priorities such as the European Green Deal, the European Green Deal Investment Plan, the Strategy on shaping Europe’s digital future and the Strong Social Europe for Just Transitions. It should significantly increase the risk- taking capacity of the European Investment Bank (EIB) Group and national promotional banks and institutions and other implementing partners in support of economic recovery.
Amendment 61 #
2020/0108(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) The primary focus of the strategic European investment window should be on support to those final recipients established in a Member State and operating in the Union whose activities are of strategic importance to the Union in particular in view of the green and digital transitions and of enhanced resilience in areas of (i) critical healthcare provision, manufacturing and stockpiling of pharmaceuticals, medical devices and medical supplies, strengthening of health crisis response capacity and of the civil protection system, (ii) critical infrastructure, whether physical or virtual; (iii) provision of goods and services instrumental to the operation and maintenance of such infrastructure, (iv) key enabling, transformative, green and digital technologies and game-changing innovations where the investment is strategically important for the Union’s industrial future, including artificial intelligence, blockchain, software, robotics, semiconductors, microprocessors, edge cloud technologies, high-performance computing, cybersecurity, quantum technologies, photonics, industrial biotechnology, renewable energy technologies, energy storage technologies including batteries, sustainable transport technologies, clean hydrogen and fuel cell applications, decarbonisation technologies for industry, carbon capture and storage, circular economy technologies biomedicine, nanotechnologies, pharmaceuticals and advanced materials; (v) manufacturing facilities for mass production of Information Communication and Technology components and devices in the EU; (vi) supply and stockpiling of critical inputs to public actors, businesses or consumers in the Union; (vii) critical technologies and inputs for the security of the Union and its Member States, such as defence and space sectors and cybersecurity, and dual use items as defined in point 1 of Article 2 of Council Regulation (EC) No 428/2009. The final recipients should have their registered office in a Member State and they should be active in the Union in the sense that they have substantial activities in terms of staff, manufacturing, research and development or other business activities in the Union. Union resilience in these areas can be achieved through the diversification of our trading relations, supply chains and strategic stocks. Projects which contribute to diversification of strategic supply chains in the Single Market through operations in multiple locations across the EU should be able to benefit via the establishment of a strategic diversification fund.
Amendment 66 #
2020/0108(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) The strategic European investment window should also target suppliers established and operating in the Union whose activities are of strategic importance to the Union and that would need long term investment or are covered by the Foreign Direct Investment Screening mechanism. In addition, important projects of common European interest should in particular be able to benefit from the strategic European investment window. However, financial support should not be provided when a project is not in line with the strategic and economic interests of the Union, for instance for projects that would increase dependency on vulnerable or undiversified supply chains.
Amendment 69 #
2020/0108(COD)
Proposal for a regulation
Recital 29 a (new)
Recital 29 a (new)
(29 a) The visibility of the Union funding from the InvestEU Fund, and in particular the strategic European investment window and its identified strategic priorities, should be ensured through effective communication, highlighting Union-funded actions and results in order to adequately promote the Union added value of the InvestEU Programme as part of the recovery.
Amendment 84 #
2020/0108(COD)
Proposal for a regulation
Recital 59
Recital 59
(59) In the context of the InvestEU Fund, there is a need to provide support for project development and capacity building to develop the organisational capacities and market development activities needed to originate quality projects. Such support should also target financial intermediaries that are key to help small companies’ access financing and realise their full potential, and it should include technical assistance. Particular emphasis should be put on reducing the administrative burden, in particular for SMEs. Moreover, the aim of the advisory support is to create the conditions for the expansion of the potential number of eligible recipients in nascent market segments, in particular where the small size of individual projects considerably raises the transaction cost at the project level, such as for the social finance ecosystem, including philanthropic organisations, or for the cultural and creative sectors. The capacity- building support should be complementary and in addition to actions taken under other Union programmes that cover specific policy areas. An effort should also be made to support the capacity building of potential project promoters, in particular local organisations and authorities.
Amendment 86 #
2020/0108(COD)
Proposal for a regulation
Recital 61
Recital 61
(61) In accordance with Regulation [European Union Recovery Instrument] and within the limits of resources allocated therein, recovery and resilience measures under the InvestEU should be carried out to address the unprecedented impact of the Covid-19 crisis and, in line with the objectives of the strategic European investment window, support long-term growth, quality jobs and competitiveness. Such additional resources should be used in such a way as to ensure compliance with the time limits provided for in Regulation [EURI].
Amendment 110 #
2020/0108(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point e – introductory part
Article 7 – paragraph 1 – point e – introductory part
(e) a strategic European investment policy window which comprises strategic investment to support final recipients that are established in aone or more Member States and that operate in the Union, and whose activities are of strategic importance to the Union, in particular in view of the green and digital transitions and of enhanced resilience, while enhancing the competitiveness of the Member States' economies, including the need to rebuild the Member States' productive capacity and promote entrepreneurship and job creation, in one of the following areas:
Amendment 115 #
2020/0108(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point e – point i
Article 7 – paragraph 1 – point e – point i
i) critical healthcare provision, manufacturing and stockpiling of pharmaceuticals, medical deviceines, vaccines, active pharmaceutical ingredients, pharmaceutical raw materials, medical devices, diagnostic tools and medical supplies, strengthening of health crisis response capacity and of the civil protection system;
Amendment 120 #
2020/0108(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point e – point ii
Article 7 – paragraph 1 – point e – point ii
ii) critical infrastructure, whether physical or virtual, including infrastructure elements identified as critical in the fields of energy, transport, environment, water, health, secure digital communication, 5G, internet of things, online service platforms, secure cloud computing, data processing or storage, payments and financial infrastructure, aerospace, defence, communications, media, education and training, electoral infrastructure and sensitive facilities, as well as land and real estate crucial for the use of such critical infrastructure;
Amendment 40 #
2020/0104(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Reflecting the European Green Deal as Europe’s sustainable growth strategy and the translation of the Union's commitments to implement the Paris Agreement and the United Nations’ Sustainable Development Goals, the Facility established by this Regulation will contribute to mainstreaming climate actions and environmental sustainability and to the achievement of an overall target of 2530 % of the EU budget expenditures supporting climate objectives. The Facility should only finance projects respecting the “do not significant harm” principle referred to in Regulation (EU) 2020/852.
Amendment 50 #
2020/0104(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The Facility’s general objective should be the promotion of economic, social and territorial cohesiono contribute to addressing the challenges of the policy areas identified under this Regulation through the promotion of economic, social and territorial cohesion and to contribute to the objectives of Union policies, the United Nations Sustainable Development Goals, the European Pillar of Social Rights, the Paris Agreement and to the strengthening of the Single Market. For that purpose, it should contribute to improving the resilience and adjustment capacity of the Member States, mitigating the social and economic impact of the crisis, and supporting the green and digital transitions aimed at achieving a climate neutral Europe by 2050, therebycontributing to restoring the growth potential of the economies of the Union in the aftermath of the crisis, fostering employment creation in the aftermath of the COVID-19 pandemic and to promotinge sustainable growth and the digital economy.
Amendment 64 #
2020/0104(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) To ensure its contribution to the objectives of the Facility, the recovery and resilience plan should comprise measures for the implementation of reforms and public investment projects through a coherent recovery and resilience plan. The recovery and resilience plan should be consistent with the relevant country- specific challenges and priorities identified in the context of the European Semester, with the national reform programmes, the national energy and climate plans, the just transition plans, and the partnership agreements and operational programmes adopted under the Union funds. In addition, the recovery and resilience plans should be consistent with the principle of European added-value. To boost actions that fall within the priorities of the European Green Deal and the Digital Agenda, the plan should also set out measures that are relevant under the policy areas identified in this Regulation and for the green and digital transitions. The measures shoul and enable a swift deliver of targets, objectives and contributions set out in national energy and climate plans and updates thereof. All supported activities should be pursued in full respect of the climate and environmental priorities of the Union. At least 40 % of the recovery and resilience plans should be dedicated to mainstreaming climate and biodiversity actions and environmental sustainability objectives.
Amendment 131 #
2020/0104(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The general objective of the Recovery and Resilience Facility shall be to contribute to address the challenges of the policy areas referred in Article 3 in order to promote the Union’s economic, social and territorial cohesion and long- term competitiveness by improving the resilience and adjustment capacity of the Member States, mitigating the social and economic impact of the crisis, and supporting the green and digital transitions and the strengthening of the strategic autonomy of the Union, thereby contributing to restoring the growth potential of the economies of the Union, fostering employment creation in the aftermath of the COVID-19 crisis, and promoting sustainable growth and generating European added value.
Amendment 135 #
2020/0104(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1 a. The Facility shall contribute to the objectives of Union policies, in particular where it leads to job creation and maintenance of sustainable employment at a considerable scale, via the implementaion of measures, such as: - measures contributing to the Union’s climate and environmental objectives, including energy efficiency and energy savings, the deployment of technology and infrastructures for clean and sustainable renewable energy and energy storage, including clean hydrogen, batteries and fuel cell applications, and decarbonisation technologies for industry and carbon capture and storage technologies; - projects and enterprises that implement the circular economy by integrating resource efficiency aspects in the production and product life-cycle; - measures to strengthen the resilience, accessibility and capacity of health systems and civil protection systems, in particular in the face of crises and pandemics; - strategic investment to support final recipients that are established in one or more Member States and that operate in the Union, and whose activities are of strategic importance to the Union, notably in the area of research, innovation, manufacturing and stockpiling of pharmaceuticals, medicines, medical devices and vaccines; - productive and sustainable investments in enterprises, in particular microenterprises, SMEs and start-ups, in particular investments contributing to the transition towards a climate-neutral economy; - upskilling and reskilling of workers and job-seekers, including self-employed, with the aim of bridging the skills gap necessary for the just transition towards a climate-neutral economy; - measures that foster digital infrastructure, digitization of national systems and workplace, improve access to digital working and promote digital skills.
Amendment 144 #
2020/0104(COD)
Proposal for a regulation
Article 4 – paragraph 2 b (new)
Article 4 – paragraph 2 b (new)
2 b. Support from the Facility shall not substitute recurring national budgetary expenditure and respect the principle of additionality of Union funding.
Amendment 169 #
2020/0104(COD)
Proposal for a regulation
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1 a. Reflecting the European Green Deal as Europe’s sustainable growth strategy and the translation of the Union's commitments to implement the Paris Agreement and the United Nations’ Sustainable Development Goals, the plans shall be consistent with the ‘do not significant harm’ principle referred to in Regulation (EU) 2020/852 and at least 40 % of the amount of each Recovery and Resilience Plan shall contribute to mainstreaming climate and biodiversity actions and environmental sustainability objectives. By means of a delegated act, the Commission shall adopt an effective methodology to track and identify the fulfilment of this requirement, in line with the criteria laid down in the EU taxonomy established by Regulation (EU) 2020/852.
Amendment 202 #
2020/0104(COD)
Proposal for a regulation
Article 15 – paragraph 3 – point c
Article 15 – paragraph 3 – point c
(c) an explanation of how the measures in the plan are expected to contribute to the green and the digital transitions or to the challenges resulting from ithem;
Amendment 204 #
2020/0104(COD)
Proposal for a regulation
Article 15 – paragraph 3 – point c a (new)
Article 15 – paragraph 3 – point c a (new)
(c a) a detailed explanation of how the measures are expected to ensure that at least 40% of the amount requested for the recovery and resilience plan contribute to mainstreaming climate and biodiversity actions and environmental sustainability objectives in line with Article 14(1) and (2);
Amendment 209 #
2020/0104(COD)
(c b) an explanation of how the measures in the plan are expected to contribute the implementation of the commitments of the Union and of its Members States, in particular the relevant documents adopted in the context of the latest European Semester, the Paris Agreement, the national energy and climate plans and updates thereof under Regulation (EU)2018/1999, the territorial just transition plans under the Just Transition Fund, the partnership agreements and operational programmes under other Union funds;
Amendment 214 #
2020/0104(COD)
Proposal for a regulation
Article 15 – paragraph 3 – point c c (new)
Article 15 – paragraph 3 – point c c (new)
(c c) an explanation of how the measures in the plan are expected to bring European added-value;
Amendment 231 #
2020/0104(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. When assessing the recovery and resilience plan and in the determination of the amount to be allocated to the Member State concerned, the Commission shall take into account the analytical information on the Member State concerned available in the context of the European Semester as well as the justification and the elements provided by the Member State concerned, as referred to in Article 15(3), and any other relevant information including, in particular, the one contained in the National Reform Programme, the Just Transition Plan and the National Energy and Climate Plan of the Member State concerned and, if relevant, information from technical support received via the Technical Support Instrument.
Amendment 245 #
2020/0104(COD)
Proposal for a regulation
Article 16 – paragraph 3 – point b
Article 16 – paragraph 3 – point b
(b) whether the plan contains measures that effectively contribute to the green and the digital transitions or to addressing the challenges resulting from themaddressing the challenges from the scope and objectives set out in Articles 3 and 4;
Amendment 248 #
2020/0104(COD)
Proposal for a regulation
Article 16 – paragraph 3 – point b a (new)
Article 16 – paragraph 3 – point b a (new)
(b a) whether the plan contains measures that effectively contribute to the green transition or to addressing the challenges resulting from it and whether at least 40% of the amount requested for the recovery and resilience plan contribute to mainstreaming climate and biodiversity actions and environmental sustainability objectives based on the methodology provided by the Commission in accordance with Article 14(1 a);
Amendment 252 #
2020/0104(COD)
Proposal for a regulation
Article 16 – paragraph 3 – point b b (new)
Article 16 – paragraph 3 – point b b (new)
(b b) whether the plan is consistent with and contributes to the national reform programmes, the national energy and climate plans and updates thereof under Regulation (EU) 2018/1999, the territorial just transition plans under the Just Transition Fund, the partnership agreements and operational programmes under other Union funds;
Amendment 270 #
2020/0104(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. The Commission shall adopt a decision within four months of the official submission of the recovery and resilience plan by the Member State, by means of an implementing delegated act. In the event that the Commission gives a positive assessment to a recovery and resilience plan, that decision shall set out the reforms and investment projects to be implemented by the Member State, including the milestones and targets, and the financial contribution allocated in accordance with Article 11.
Amendment 293 #
2020/0104(COD)
Proposal for a regulation
Article 19 – paragraph 3 – introductory part
Article 19 – paragraph 3 – introductory part
3. Upon completion of the relevant agreed milestones and targets indicated in the recovery and resilience plan as approved in the implementingdelegated act of the Commission, the Member State concerned shall submit to the Commission a duly justified request for payment of the financial contribution and, where relevant, of the loan tranche. Such requests for payment may be submitted by the Member States to the Commission on a biannual basis. The Commission shall assess, within two months of receiving the request, whether the relevant milestones and targets set out in the decision referred to in Article 17(1) have been satisfactorily implemented. For the purpose of the assessment, the operational arrangement referred to in Article 17(6) shall also be taken into account. The Commission may be assisted by experts.
Amendment 316 #
2020/0104(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. The recipients of Union funding shall acknowledge the origin and ensure the visibility of the Union funding, in particular when promoting the actions and their results, by clearly labelling the funding as Union funding and providing coherent, effective and proportionate targeted information to multiple audiences, including the media and the public. The recipients shall ensure the visibility of spending under the Facility by clearly labelling the supported projects as “EU Recovery Initiative”.
Amendment 361 #
2020/0104(COD)
Proposal for a regulation
Annex II – point 2 – paragraph 3 – point 2.2 – paragraph 1 – subparagraph 1 – indent 1
Annex II – point 2 – paragraph 3 – point 2.2 – paragraph 1 – subparagraph 1 – indent 1
— the implementation of the envisaged measures is expected to significantly contribute to establish climate- and environmental-friendly systems and to the greening of economic or social sectors with a view to contribute to the overall objective of a climate-neutral Europe by 2050 and the Union's new 2030 climate targets in line with the criteria laid down in the EU taxonomy established by Regulation (EU) 2020/852;
Amendment 380 #
2020/0104(COD)
Proposal for a regulation
Annex II – point 2 – paragraph 3 – point 2.4 – paragraph 1 – subparagraph 1 – indent 1
Annex II – point 2 – paragraph 3 – point 2.4 – paragraph 1 – subparagraph 1 – indent 1
— the recovery and resilience plan contains measures that aim at addressing weaknesses of the economy of the Member States and at boosting the growth potential of the economy of the Member State concerned, in particular for SMEs , stimulating job creation and mitigating the adverse effects of the crisis, while avoiding adverse impacts of those measures on climate and environment in line with the criteria laid down in EU taxonomy established by Regulation (EU) 2020/852.
Amendment 103 #
2020/0036(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The Paris Agreement sets out a long-term goal to keep the global temperature increase to well below 2 °C above pre-industrial levels and to pursue efforts to keep it to 1.5 °C above pre- industrial levels23 , and stresses the importance of adapting to the adverse impacts of climate change, in a manner that does not threaten food production,24 and making finance flows consistent with a pathway towards low greenhouse gas emissions and climate-resilient development25 . _________________ 23 Article 2.1.a of the Paris Agreement. 24 Article 2.1.b of the Paris Agreement. 25 Article 2.1.c of the Paris Agreement.
Amendment 177 #
2020/0036(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) Given that the EU is responsible for less than 10% of global emissions, the climate ambition of third countries has a major impact on EU adaptation costs. Carbon leakage risks should therefore be a major element of the impact assessments.
Amendment 198 #
2020/0036(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) The Union should aim to achieve a balance between anthropogenic economy- wide emissions and removals, through natural and technological solutions, of greenhouse gases domestically within the Union by 2050. The Union-wide 2050 climate-neutrality objective should be pursued by all Member States collectively, and teach Member State should set out to achieve climate neutrality individually with the support of the Union. The Member States, the European Parliament, the Council and the Commission should take the necessary measures to enable its achievement. Measures at Union level will constitute an important part of the measures needed to achieve the objective.
Amendment 209 #
2020/0036(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) The Commission is exploring the development of a regulatory framework for the certification of carbon removals in accordance with its Circular Economy Action Plan and the Farm to Fork Strategy. The restoration of eco-systems and the development of a carbon removals market for land-based greenhouse gas sequestration would assist in restoring, maintaining and managing natural sinks and would promote biodiversity.
Amendment 230 #
2020/0036(COD)
Proposal for a regulation
Recital 13 b (new)
Recital 13 b (new)
(13b) The Commission should develop a strategy for the Union’s future climate policy for the post-2050 period once climate neutrality has been achieved.
Amendment 270 #
2020/0036(COD)
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) Europe already has an investment gap of about 260 billion Euros per year to reach the 2030 climate targets. It is therefore important that the EU Recovery Programme foresees extensive financial aid for climate measures in the building, energy and transport sector, and in particular the doubling of funding for clean hydrogen technology.
Amendment 348 #
2020/0036(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) In order to provide predictability and confidence for all economic actors, including businesses, SMEs, workers, investors and consumers, to ensure that the transition towards climate neutrality is irreversible, to ensure gradualpredictable and phased reductions over time and to assist in the assessment of the consistency of measures and progress with the climate- neutrality objective, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to set out a trajectory for achieving net zero greenhouse gas emissions in the Union by 2050. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making37 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 37Commission should monitor the progress by Member States in achieving net zero greenhouse gas emissions in the Union by 2050. OJ L 123, 12.5.2016, p. 1.
Amendment 429 #
2020/0036(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. Union-wide emissions and removals of greenhouse gases regulated in Union law shall be balanced at the latest by 2050, thus reducing emissions to net zero by that date and beyond. Each Member State shall seek to achieve climate neutrality by 2050 through the collective actions of the Union.
Amendment 516 #
2020/0036(COD)
Proposal for a regulation
Article 2 – paragraph 4 a (new)
Article 2 – paragraph 4 a (new)
4a. By 30 September 2028, the Commission shall, in light of the climate neutrality objective set out in Article 2(1) and following a detailed impact assessment, explore options for setting a Union target for 2040 and shall make proposals to the European Parliament and to the Council as appropriate.
Amendment 525 #
2020/0036(COD)
Proposal for a regulation
Article 2 – paragraph 4 c (new)
Article 2 – paragraph 4 c (new)
4c. Where the Commission considers it appropriate to develop a framework to certify greenhouse gas removals from land use, with a view of achieving climate neutrality by 2050, it shall make a legislative proposal to the European Parliament and to the Council to that effect, following a detailed impact assessment that is based on scientifically robust accounting methods.
Amendment 570 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3 – introductory part
Article 3 – paragraph 3 – introductory part
3. When setting a trajectory assessing the progress towards the carbon neutrality goal, considering accordance with paragraph 1 2040 emissions reduction target, and considering the development of a framework to certify greenhouse gas removals, the Commission shall consider the following:
Amendment 587 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point a
Article 3 – paragraph 3 – point a
(a) cost-effectiveness and economic efficiency, taking into account adaptation costs and eventual energy costs for consumers;
Amendment 605 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point b
Article 3 – paragraph 3 – point b
(b) competitiveness of the Union’s economy, in particular SMEs and sectors most exposed to carbon leakage;
Amendment 627 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point c
Article 3 – paragraph 3 – point c
(c) best available, cost effective and scalable technologyies;
Amendment 631 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point c a (new)
Article 3 – paragraph 3 – point c a (new)
(ca) Installation of the infrastructure in support of the climate-neutrality objectives;
Amendment 647 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point d a (new)
Article 3 – paragraph 3 – point d a (new)
(da) the need to reduce dependency on fossil fuels and to move to more renewable and sustainable energy;
Amendment 681 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point g
Article 3 – paragraph 3 – point g
(g) investment needs and opportunitiesencouragement of investment and innovation;
Amendment 696 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point i
Article 3 – paragraph 3 – point i
(i) international developments andwith regards to efforts undertaken and progress made to achieve the long-term objectives of the Paris Agreement and the ultimate objective of the United Nations Framework Convention on Climate Change;
Amendment 746 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. The trajectory in accordance with paragraph 1 shall be supported by a detailed assessment of the GHG abatement potential of each economic sector and sub-sector, taking into account the technical and economic feasibility of their contribution to the overall climate- neutrality objective.
Amendment 766 #
2020/0036(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall develop and implement adaptation strategies and plans that include comprehensive risk management frameworks, based on robust climate and vulnerability baselines and progress assessments. Member States shall promote nature-based solutions and eco- system based adaption, which represent important greenhouse gas sequestration potential and address biodiversity loss.
Amendment 926 #
2020/0036(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Where the Commission finds, under due consideration of the collective and Member State-level progress assessed in accordance with Article 5(1), that a Member State’s measures are inconsistent with that objective as expressed by the trajectory referred to in Article 3(1) ore climate-neutrality objective or are inadequate to ensure progress on adaptation as referred to in Article 4, it may issue recommendations to that Member State. The Commission shall make such recommendations publicly available.
Amendment 1047 #
2020/0036(COD)
Proposal for a regulation
Article 9 a (new)
Article 9 a (new)
Article 9a Review clause The Commission shall, six months after each global stocktake referred to in Article 14 of the Paris Agreement, conduct a review of all the elements of this Regulation, in light of the criteria set out in Article 3(3) to ensure the objective of the Paris Agreement of holding the increase in the global average temperature to well below 2 °C above pre- industrial levels and to pursue efforts to limit the temperature increase to 1,5 °C above pre-industrial level and submit, if appropriate, legislative proposals to the European Parliament and Council.
Amendment 193 #
2020/0006(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) EU state aid rules must be flexible if eligible regions in transition are to attract private investment. When drafting the new guidelines, the Commission should therefore also take into account the problems of structural change in the regions concerned, in order to ensure that these regions are given sufficient flexibility to carry out their projects in a socially and economically viable manner.
Amendment 195 #
2020/0006(COD)
Proposal for a regulation
Recital 12 b (new)
Recital 12 b (new)
(12b) Support for productive investment in enterprises other than SMEs through the Just Transition Fund should not be limited to the areas eligible for State aid under the applicable State aid rules pursuant to Article 107(3)(a)and (c) TFEU. On the contrary, State aid rules should allow all regions receiving assistance through the JTF to effectively address the threat of job losses at an early stage. This should also be ensured by adapting the general block exemption Regulation accordingly;
Amendment 196 #
2020/0006(COD)
Proposal for a regulation
Recital 12 c (new)
Recital 12 c (new)
(12c) The areas most affected by the transition to a climate-neutral economy should be given the opportunity to actively address the associated structural change as early as possible. This requires adjustments to state aid law, e.g. through a new guideline of the European Commission on the basis of Article 107 (3) (b) or (c)TFEU, so that it is ensured that aid is permissible under the applicable rules regardless of the status of the assisted regions;
Amendment 242 #
2020/0006(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes the Just Transition Fund (‘JTF’) to provide support to territories facing serious socio-economic challenges deriving from the transition process towards a climate-neutral economy of the Union by 2050. Support shall also be provided to at least all coal mining territories in the EU, where coal is still harvested and to territories where important structural changes take place after phasing out mining activities.
Amendment 448 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 2
Article 4 – paragraph 2 – subparagraph 2
Additionally, the JTF may support, in areas designated as assisted areas in accordance with points (a) and (c) of Article 107(3) of the TFEUthe respective territories, productive investments in enterprises other than SMEs, provided that such investments have been approved as part of the territorial just transition plan based on the information required under point (h) of Article 7(2). Such investments shall only be eligible where they are necessary for the implementation of the territorial just transition plan.
Amendment 528 #
2020/0006(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The JTF priority or priorities shallmay comprise the JTF resources consisting of all or part of the JTF allocation for the Member States and the resources transferred in accordance with Article [21a] of Regulation (EU) [new CPR]. The total of the ERDF and ESF+ resources transferred to the JTF priority shall be at least equal to one and a half times the amount of support from the JTF to that priority but shall not exceed three times that amount. The transfer of money from the ERDF and ESF+ to the JTF has to be excluded.
Amendment 9 #
2019/2803(RSP)
Recital A a (new)
A a. whereas there is inadequate data and information about insect pollinators other than bees and butterflies;
Amendment 12 #
2019/2803(RSP)
Recital A b (new)
A b. whereas pollinators include insects such as bees, hoverflies, butterflies, moths, beetles, wasps, thrips and mammals such as bats and birds;
Amendment 19 #
2019/2803(RSP)
Recital B
B. whereas, in order to adequately protect pollinators from further decline, the presence of pesticide residues in the habitat of pollinators will need to be strongly reduced;
Amendment 31 #
2019/2803(RSP)
Recital E
E. whereas however, several Member States notified emergency derogations regarding the use of these neonicotinoids on their territory; whereas notifications ofby Member States regarding those emergency authorisations are often of very pshould be of goord quality and are not made public; whereas EFSA can play a role in examining emergency authorisations;
Amendment 42 #
2019/2803(RSP)
Recital H
H. whereas connected pollinator habitats, such as buffer strips, hedgerows and grassy waterways, can contribute to erosion control;
Amendment 45 #
2019/2803(RSP)
Recital I
I. whereas using indigenous flowers isare of particular importance for wild pollinators;
Amendment 47 #
2019/2803(RSP)
Recital I a (new)
Amendment 50 #
2019/2803(RSP)
Recital J a (new)
J a. Whereas pollinators are socially and culturally beneficial via remedies, products, art and traditions;
Amendment 70 #
2019/2803(RSP)
Paragraph 3
3. However, considers that the Initiative fails to sufficiently address the main rootny causes of pollinators’ decline, which include land-use changes and loss of habitats, environmental pollution, intensive agricultural management practices, plant protection products, diseases, climate change and invasive alien species; considers that the implementation of "Priority II: Tackling the causes of pollinator decline" is of the utmost urgency;
Amendment 77 #
2019/2803(RSP)
Paragraph 6
6. Stresses the need to protect the diversity of pollinator species in Europe including approximately 2000 wild bee species and other insects including flies, beetles, moths and butterflies;
Amendment 80 #
2019/2803(RSP)
Paragraph 7
7. Stresses the importance of promoting measures to encourage biodiversity in both rural and urban areas, given that pollinator health is fostered by access to a mixture of different pollen and plantslants that provide nectar and pollen, as well as habitats for nesting, mating and overwintering;
Amendment 116 #
2019/2803(RSP)
Paragraph 12
12. Calls on the Commission to set detailed rules for and ensure a minimum standard of notifications on emergency authorisations of pesticides, including the need for Member States to provide complete and detailed explanations, and to make those notifications public; welcomes the role of EFSA in examining these derogations;
Amendment 130 #
2019/2803(RSP)
Paragraph 14
14. Underlines that 'controlled pollination' couldmay help restore harmony between beekeepers and farmers and significantlycould increase crop yields along with pollination from wild pollinators;
Amendment 145 #
2019/2803(RSP)
Paragraph 16
16. Calls on the Commission and Member States to promote the concept of buffer strips and grassy/ flowering waterways and maintain well managed hedgerows with a view to provide both better erosion control as well as perennial flowering areas as foraging opportunity and habitat for pollinators;
Amendment 155 #
2019/2803(RSP)
Paragraph 17 a (new)
17 a. Calls for the promotion and development of pollinator habitats in urban areas;
Amendment 156 #
2019/2803(RSP)
Paragraph 17 b (new)
17 b. Calls on Member States to ensure that national and regional farm advisory systems are able to provide good quality advice to farmers on how to encourage biodiversity and pollinator habitats;
Amendment 157 #
2019/2803(RSP)
Paragraph 18
18. Concerning beeshoneybees (apis mellifera), insists in particular on the role of research on the causes of the reduction in the life expectancy of queen bees, which is a worrying phenomenon;
Amendment 161 #
2019/2803(RSP)
Paragraph 19
19. Calls for more funds for research and for the monitoring of wild pollinators; insists that more investment in taxonomic skills is required for effective monitoring;
Amendment 163 #
2019/2803(RSP)
Paragraph 19 a (new)
19 a. Calls for more emphasis to be placed on field research and pollinators other than honeybees and butterflies; stresses that the systematic monitoring in real life conditions is important to gauge the extent of pollinator decline and its causes;
Amendment 13 #
2019/2712(RSP)
Citation 17 a (new)
- having regard to the Eurobarometer survey from April 2019 on climate change,
Amendment 22 #
2019/2712(RSP)
Recital C a (new)
Amendment 23 #
2019/2712(RSP)
Recital C a (new)
Ca. whereas around 10% of the EU’s GHG emissions are absorbed by growing forests;
Amendment 38 #
2019/2712(RSP)
Paragraph 2
2. Acknowledges that the serious risks of climate change are at the heart of citizens’ concerns; welcomes the fact that people across the world, in particular younger generations, are increasingly active in fighting for climate action; welcomes their calls for greater collective ambition and swift action in order not to overshoot the 1.5°C limitline with the Paris Agreement and the request of scientific bodies like the IPCC; believes that national, regional and local governments, as well as the EU, should heed these calls;
Amendment 42 #
2019/2712(RSP)
Paragraph 2
2. Acknowledges that the serious risks of climate change are at the heart of citizens’ concerns; recalls that 93% of EU citizens see climate change as a serious problem; welcomes the fact that people across the world, in particular younger generations, are increasingly active in fighting for climate action; welcomes their calls for greater collective ambition and swift action in order not to overshoot the 1.5°C limit; believes that national, regional and local governments, as well as the EU, should heed these calls;
Amendment 62 #
2019/2712(RSP)
Paragraph 5
5. Expresses concern at the UN Environment 2018 Emissions Gap Report, which finds that current unconditional nationally determined contributions (NDCs) far surpass the Paris Agreement warming limit of well below 2°C, leading instead to an estimated 3.2°C4 warming by 2100 assuming that climate action continues consistently throughout the 21st century; highlights that there is a high risk that with a warming of 3.2°C certain tipping points are passed and a massive additional warming is induced; _________________ 4UN Environment Programme, ‘Emissions Gap Report 2018’, p.21.
Amendment 67 #
2019/2712(RSP)
Paragraph 6
6. Underlines that, according to the WHO, climate change affects the social and environmental determinants of health - clean air, safe drinking water, sufficient food and secure shelter - and that between 2030 and 2050, 250 000 additional deaths per year, from malnutrition, malaria, diarrhoea and heat stress, are expected, with extreme high air temperatures contributing directly to deaths from cardiovascular and respiratory disease, particularly among elderly peopleand vulnerable citizens;
Amendment 98 #
2019/2712(RSP)
Paragraph 10
10. Calls on the country holding the EU Presidency and the Commission to submit to the UNFCCC as soon as possible the Union’s long-term strategy to reach domestic net-zero emissions in 2050; stresses that in order to reach domestic net- zero GHG emissions in 2050 in the most cost-efficient manner, and in order to avoid relying on carbon removal technologies that would entail significant risks for ecosystems, biodiversity and food security, the 2030 ambition level will need to be raised; believes it to be of the utmost importance for the Union to send a clear message during the UN Climate Summit in September 2019as soon as possible that it stands ready to enhance its contribution to the Paris Agreement;
Amendment 101 #
2019/2712(RSP)
Paragraph 11
11. Supports an update of the Union’s NDC; calls, therefore, on EU leaders to support an increase in the level of ambition of the Union’s NDC; calls also on other global economies to update their NDCs to bring about global effects in line with the political guidelines of the Commission President Ursula von der Leyen with an economy-wide target of at least 50 % domestic GHG emission reductions by 2030 compared with 1990 levels, with a view to put forward a comprehensive plan to increase the EU target for 2030 towards 55% in a responsible way in the framework of international negotiations; calls, therefore, on EU leaders to support an increase in the level of ambition of the Union’s NDC; calls also on other global economies to update their NDCs to bring about global effects; believes that before updating the Union's NDC the Commission must run a comprehensive impact assessment thoroughly evaluating the consequences of a higher climate goal on the economic and social situation of each Member State;
Amendment 127 #
2019/2712(RSP)
Paragraph 15
15. Calls on the Commission and the Member States to advocate for strict and robust international rules relating to Article 6 of the Paris Agreement to; recognises the many problems for environmental integrity and sustainability created by a big amount of CDM and JI projects under the Kyoto Protocol; calls for the prevention of loopholes in accounting or double counting and regarding additionally of emission reductions; expresses concern at the potential use towards NDC targets of units issued under the Kyoto Protocol as this would seriously deteriorate the environmental integrity of the future mechanisms established under Article 6; underlines that emission rights traded under the new market mechanisms must be additional and increase the mitigation efforts of the current and subsequent NDCs;
Amendment 158 #
2019/2712(RSP)
Paragraph 21
21. Recognises that the EU and its Member States are the largest provider of public climate finance; welcomes the decision at COP24 to decide on a new more ambitious target from 2025 onwards, beyond the current commitment to mobilise $100 billion per year as of 2020, but expresses concern that the actual pledges by developed countries still fall far short of their collective goal of $100 billion per year; expects that emerging economies contribute from 2025 onwards to the then higher amount of international climate financing;
Amendment 168 #
2019/2712(RSP)
Paragraph 22
22. Stresses that the EU’s budget should be coherent with its international commitments on sustainable development and with its mid- and long-term climate and energy targets and should not be counterproductive to these targets or hampering their implementation; calls therefore on the Commission to put forward, where applicable, harmonised and binding rules on climate and biodiversity proofing of EU investments; recalls that investments in research and new carbon- free technologies are paramount to further reduce greenhouse gases.
Amendment 176 #
2019/2712(RSP)
Paragraph 23
23. Stresses the importance for the EU of a just transition to a climate neutral economy and the need for an anticipatory approach to ensure a just transition for citizens and to support the most vulnerable regions and communities; stresses the importance of creating a just transition fund, to guarantee an inclusive transition for the people and the regions most affected by decarbonisation, such as the coal mining regions; believes that Europe’s climate transition must be ecologically, economically and socially sustainable; calls on the Union and the Member States to put in place appropriate policies and financing in this regard, conditioned to clear, credible and enforceable short and longer term economy-wide decarbonisation commitments from the concerned Member States;
Amendment 184 #
2019/2712(RSP)
Paragraph 23 a (new)
23a. Stresses the importance to get discussions started with those countries worldwide, which are at the moment dependent on the export of fossil fuels, on how a strategy of joint energy and climate security can be implemented in a way that gives a future perspective to those regions;
Amendment 197 #
2019/2712(RSP)
Paragraph 25
25. Stresses that the effective participation of all parties is needed in order to pursue the objective of limitthe Paris Agreement of holding the increase in the global average temperature to 1.5°Cwell below 2°C above pre-industrial levels and pursuing efforts to limit the temperature increase to 1.5°C above pre-industrial levels, which in turn requires that the issue of vested or conflicting interests be addressed; reiterates, in this context, its support for the introduction of a specific conflicts-of-interest policy within the UNFCCC; calls on the Commission and the Member States to take the lead in that process without compromising the aims and the objectives of the UNFCCC and the Paris Agreement;
Amendment 208 #
2019/2712(RSP)
Paragraph 27
27. Encourages the Commission to explore linkages and other forms of cooperationof cooperation and later linkages with carbon markets of third states and regions as well as to stimulate the setup of further carbon markets and other carbon pricing mechanisms which will bring extra efficiencies, cost savings,lead to an acceleration of global mitigation efforts by using cost savings, and promoting economic cooperation on low emission development and reduce the risk of carbon leakage and economic distortions by creating a global level playing field; calls on the Commission to establish safeguards to ensure that any linkage with the EU ETS will continue to deliver additional and permanent mitigation contributions within the linked regions and will not undermine the Union’s domestic greenhouse gas emission commitments;
Amendment 209 #
2019/2712(RSP)
Paragraph 27 a (new)
27a. Stresses the utmost importance of achieving in the Paris Agreement targets while at the same time keeping jobs and an industrial base inside Europe to give people in this sector a positive perspective and to show the world that industry and climate neutrality is no contradiction. Strongly welcomes the commitment and efforts of many industrial players in Europe to become carbon neutral and encourages those sectors or companies that are still hesitant to follow the many good examples;
Amendment 212 #
2019/2712(RSP)
Paragraph 27 b (new)
27b. Asks the Commission to establish a specific Directorate for climate neutrality in industry and publish, as soon as possible, a strategy on the topic; considers that the strategy should include financial support from the European Union for example from the Innovation Fund and Horizon Europe, flexible application of state aid rules to enable the necessary innovations and reduce red tape that hinders innovation in the area, which means that the “one in, one out” strategy should focus on these kind of regulatory obstacles for the necessary innovation and investment;
Amendment 214 #
2019/2712(RSP)
Paragraph 27 c (new)
27c. Warmly welcomes the announcement of the designated Commission President Ursula von der Leyen to extend the ETS to sectors not yet covered by the EU trading system and asks the Commission to immediately start preparatory work to introduce a CO2 pricing system, which avoids social hardship and does not increase the overall burdens of citizens;
Amendment 225 #
2019/2712(RSP)
Paragraph 29
29. Expresses concern about the level of ambition of ICAO’s Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA) given the ongoing work on the standards and recommended practices meant to implement the scheme from 2019; stresses that so far the standards are not acceptable and further dilution of the CORSIA scheme is unacceptable; calls upon the Commission and the Member States to do their utmost in strengthening CORSIA’s provisions and in supporting the adoption of a long-term goal to significantly reduce in-sector emissions of the aviation sector;
Amendment 226 #
2019/2712(RSP)
Paragraph 29
29. ERecalls that by 2020, global international aviation emissions are projected to be around 70% higher than in 2005 and could even grow by a further 300-700% by 2050; expresses concern about the level of ambition of ICAO’s Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA) given the ongoing work on the standards and recommended practices meant to implement the scheme from 2019; stresses that further dilution of the CORSIA scheme is unacceptable; calls upon the Commission and the Member States to do their utmost in strengthening CORSIA’s provisions and in supporting the adoption of a long-term goal to significantly reduce in-sector emissions of the aviation sector;
Amendment 230 #
2019/2712(RSP)
Paragraph 31
31. Recalls that shipping CO2 emissions are projected to increase by 50% to 250% in the period to 2050; welcomes the agreement on the initial IMO Strategy on reduction of GHG emissions from ships as a first step for the sector to contribute to the realisation of the temperature goals in the Paris Agreement; regrets that the IMO has not, so far, madeurges the IMO to make swift progress on the adoption of short and medium-term measures to reach the objectives of the strategy; stresses the importance and urgency of implementing short and medium-term measures before 2023; underlines that further measures and action are needed to address maritime emissionsincluding carbon pricing instruments on the international level need to be explored immediately in order to address maritime emissions in line with the sectoral low emission transformation strategy and calls, therefore, on the EU and the Member States to closely monitor the impact and implementation of the IMO agreementinitial strategy and urges the Commission to considerpropose as soon as possible additional EU action, as part of its 2050 decarbonisation strategy and a cooperation strategy with other Parties willing to act as early as possible, to reduce maritime emissions in line with the temperature targetgoals of the Paris Agreement and to drive investments into zero-emission ships and the necessary enabling infrastructures to enable the beginning of a market ramp up before 2030;
Amendment 244 #
2019/2712(RSP)
Paragraph 32 a (new)
32a. Recalls that 23% of global greenhouse gas emissions originate from agriculture; stresses that in order to ensure a sufficient nutrition for a growing world population, we need to invest in smart agricultural techniques and production methods, such as capturing methane from manure, more efficient use of fertilisers, the use of biomass in cycles and greater efficiency in meat and dairy production;
Amendment 247 #
2019/2712(RSP)
Paragraph 32 a (new)
32a. Stresses the importance of understanding the positive effects of sustainable and active managed forests in Europe to adapt to climate change and avoid damages in forests;
Amendment 249 #
2019/2712(RSP)
Paragraph 32 b (new)
32b. Underlines that sustainably managed forests are enormously important in fighting climate change via increased CO2 sequestration by growing forests, carbon storage in wood products and the substitution of fossil-based raw materials and energy while at the same time reducing the risks of forest fires, pest infestations and diseases;
Amendment 250 #
2019/2712(RSP)
Paragraph 32 c (new)
32c. Calls for greater efforts at all political levels to prevent the deterioration of the state of forests in Europe and to restore their good condition where necessary; asks therefore the Commission and the Member States to support measures for reforestation on degraded soils and those unsuitable for agricultural use;
Amendment 252 #
2019/2712(RSP)
Paragraph 32 d (new)
32d. In view of the fundamental role played by forests in the fight against climate change, believes that forest owners in Europe must receive adequate financial support for sustainable forest management;
Amendment 254 #
2019/2712(RSP)
Paragraph 32 e (new)
32e. Underlines the important role of natural sinks in achieving greenhouse gas neutrality in the EU; calls on the Commission to develop a detailed EU strategy for the sustainable enhancement of natural sinks in line with the 2050 objective of greenhouse gas neutrality; and encourages Member States to cover this aspect thoroughly in their long-term strategies as required by Art. 15 (4) b of the Governance Regulation;
Amendment 255 #
Amendment 256 #
2019/2712(RSP)
Paragraph 32 f (new)
32f. Welcomes the commitment and concrete activities to reduce greenhouse gas emissions in many parts of the world, for example the very ambitious commitments of many developing countries and small island states; regrets, however, the lack of ambition and the lack of debate on increasing the NDC in many major economies; recalls that the greenhouse gas emissions of the EU are 9 % of the global emissions compared to 6.7 % share of the citizens, which means that increased ambition in Europe is of crucial importance especially because of the historical responsibility and the necessity to give a good example to the rest of the world, while it will be impossible to achieve the Paris Agreement goal and avoid tipping points if increased ambition in other major economies will not follow;
Amendment 257 #
2019/2712(RSP)
Paragraph 32 g (new)
32g. Asks the Commission to immediately analyse the options to increase the activities to motivate other major economies to increase their NDC and their concrete action and also consider innovative approaches;
Amendment 260 #
2019/2712(RSP)
Paragraph 33
33. Strongly supports the continuation and further strengthening of the Union’s political outreach and climate diplomacy, which is essential for raising the profile of climate action in partner countries and global public opinion; considers that at the same time the efforts have definitely not been enough and the human resources foreseen in the European Commission and the External Service are far from sufficient, therefore proposes a drastic increase of human resources in this area;
Amendment 264 #
2019/2712(RSP)
Paragraph 34
34. Emphasises the deepening implications of climate change for international security and regional stability stemming from environmental degradation, loss of livelihood, climate-induced displacement of people and associated forms of unrest where climate change can often be regarded as a threat multiplier; urges the EU and the Member States therefore, to work with their partners around the world to better understand, integrate, anticipate and manage the destabilising effects of climate change; encourages the implementation of an early warning programme for the big potential tipping points which have the potential to undermine sustainable structures and eco systems in bigger regions or continents;
Amendment 273 #
2019/2712(RSP)
Paragraph 35 a (new)
35a. Stresses that trade agreements offer the EU a leverage to hold our trade partners to their commitments, calls on the Commission to make the introduction of or participation in a national or regional CO2 cap and trade system a mandatory requirement to conclude trade negotiations;
Amendment 279 #
2019/2712(RSP)
Paragraph 36
36. Reiterates its regret of the announcement by US President Donald Trump of his intention to withdraw the United States from the Paris Agreement; strongly welcomes the continued mobilisation for climate action of major US states, cities, universities and other non-state actors under the ‘we are still in’ campaign; strongly welcomes the announcement of Russia to implement the Paris Agreement;
Amendment 282 #
2019/2712(RSP)
Paragraph 37
37. Strongly deplores the lacklustre reaction by the Brazilian President Jair Bolsonaro and the Brazilian Government to the unprecedented number and scale of forest fires in the Brazilian Amazon: urges the EU and its Member States to do their utmost to combat the environmental devastation of this key area in the global ecosystem and to take into account the potential role of its own trade policy;
Amendment 75 #
2019/2197(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
Amendment 95 #
2019/2197(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Regrets the lack of agreement in solving the blockage of the Appellate Body of the WTO, which materialised on 11 December 2019, and welcomes the initiative taken by the EU and 16 WTO Members to develop a temporary multi- party interim appeal arrangement that will allow the participating members to preserve a functioning and two-step dispute settlementsystem at the WTO in disputes among them; notes that the interim arrangement is a good step to overcome the current crisis; while encouraging a long-term solution including as many member states as possible; notes the Commission proposal for revisions to the Enforcement Regulation, commits itself to speedily find a position on the proposal;
Amendment 122 #
2019/2197(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Regrets the formal notification by the US on 4 November 2019 of its withdrawal from the Paris Agreement and recalls that the EU’s Common Commercial Policy should contribute to promote the realisation of the Paris Agreement;
Amendment 124 #
2019/2197(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11 b. Regrets that the current administration is considering withdrawing from the General Procurement Agreement; urges the administration to remain a party to that agreement;
Amendment 139 #
2019/2197(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Notes that, in the last report on the protection and enforcement of intellectual property rights, more than 80 percent of the seizure of counterfeit and pirated goods originate from China, both in 2018 and 2019; calls on the Commission to explore further tools to address these issues and guarantee a full protection of IPRs;
Amendment 184 #
2019/2197(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Welcomes the entry into force of the ESA and SADC EPAs and interim EPAs with Ghana and the Ivory Coast and regrets the lack of progress in ratification of remaining regional EPAs; expresses its support for the vision set out in the 2018 State of the Union address of a continent-to-continent trade agreement that should be an economic partnership between equals that would serve to support the SDGs;
Amendment 274 #
2019/2197(INI)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32 a. Welcomes the announcement by the Commission of the appointment early in 2020 of a Chief Trade Enforcement Officer (CTEO) to monitor and improve the compliance of the EU’s trade agreements, and underlines the need for this newly created post to focus on implementation and enforcement of our trade agreements, for breaches of both market access and trade and sustainable development commitments; calls on the Commission to further clarify this role;
Amendment 4 #
2019/2157(INI)
Draft opinion
Recital A
Recital A
A. whereas the EU is covered by 182 million hectares of forests and other wooded land cover at leastaccounting for 43 % of the EU’s territory and 5% of the world`s total forests, and some Member States have more than half of their territories covered by forests and are heavily invested in forestry;
Amendment 10 #
2019/2157(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas, unlike in many parts of the world where deforestation is still a major problem, in the EU the area of land covered by forests has grown by 9 million hectares over the last 25 years as a result both of natural growth and afforestation work;
Amendment 15 #
2019/2157(INI)
Draft opinion
Recital A b (new)
Recital A b (new)
Ab. whereas the role of forests is multifunctional resulting in economic, environmental and social benefits;
Amendment 26 #
2019/2157(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
Ba. whereas 90 % of European forests are accessible for recreational purposes;
Amendment 29 #
2019/2157(INI)
Draft opinion
Recital B b (new)
Recital B b (new)
Bb. whereas the majority of European forests are privately owned (approximately 60% of forest land) rather than publicly owned (40%);
Amendment 30 #
2019/2157(INI)
Draft opinion
Recital B c (new)
Recital B c (new)
Bc. whereas it is important to underline the continuous efforts undertaken by forest owners and managers to ensure sustainable forest development and the importance to further enhance their potential to reach the objectives of the European Green Deal; whereas EU forest owners and managers have a long tradition of and experience in management of multifunctional forests;
Amendment 34 #
2019/2157(INI)
Draft opinion
Recital B d (new)
Recital B d (new)
Bd. whereas a balanced approach to all forest functions is key to ensuring consistency between forest-related policies;
Amendment 39 #
2019/2157(INI)
Draft opinion
Recital C
Recital C
C. whereas Europe’s forests are of immense value in terms of climate mitigation, since they absorb and store 10 % of EU carbon emissions and provide a renewable and climate friendly raw material that substitutes for energy- intensive materials and fossil fuels;
Amendment 46 #
2019/2157(INI)
Draft opinion
Recital C a (new)
Recital C a (new)
Ca. whereas forests provide numerous ecosystem services, as they help protect the soil (against erosion), form part of the water cycle and regulate the local climate (mainly via evapotranspiration) and the global climate (in particular by storing carbon);
Amendment 57 #
2019/2157(INI)
Draft opinion
Recital C b (new)
Recital C b (new)
Cb. whereas forests protect biodiversity by providing a habitat for numerous species;
Amendment 63 #
2019/2157(INI)
Draft opinion
Recital C c (new)
Recital C c (new)
Cc. whereas the Common Agricultural Policy (CAP) is the main source of EU funds for forest management;
Amendment 112 #
2019/2157(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that according to scientific research, sustainably managed forests have a higher CO2 absorption capacity than unmanaged forests; urges, therefore, that the new forest strategy should promote sustainable forest management; recognises the positive impact of sustainable forest management on European forest biodiversity; notes that forest protection and production do not act in contradiction, but can in fact be complementary to one another; stresses that sustainable and active forest management plays an important role in reaching EU climate and energy policy objectives and targets;
Amendment 188 #
2019/2157(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses that a transparent multi- level governance platform, including regional, national and EU institutions as well as private stakeholders, is needed in order to find appropriate solutions for the many challenges related to forests and forest management at EU level;
Amendment 227 #
2019/2157(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Notes that 90% of EU funding for forests comes from the European Agricultural Fund for Rural Development (EAFRD); is concerned about the envisaged cuts to the budget of the EAFRD; calls on decision-makers to avoid, if possible, any cuts to the support for the forest sector in order to comply with the objectives under the European Green Deal;
Amendment 240 #
2019/2157(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Calls on Member States to ensure that the National Strategic Plans under the Common Agricultural Policy (CAP) will incentivise forest managers to preserve, grow and manage forests sustainably;
Amendment 249 #
2019/2157(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Calls for a cross-cutting approach for the EU Forest Strategy including the EU Biodiversity Strategy, the EU Climate Law, the EU bio-based Circular Economy, the Common Agricultural Policy (CAP), the Water Framework Directive and other policies;
Amendment 48 #
2019/2131(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Commission to monitor foreign direct investment and not to limit itself to the screening mechanismfurther develop the tools for monitoring direct investment from third countries so that they are effective in all Member States;
Amendment 55 #
2019/2131(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Commission to ensure reciprocity with third countries in public procurement and in investment policy; furthermore, with a view to the need to open up public procurement markets in third countries to which access does not yet exist, urges the Commission to work towards the accession of key third countries, such as China, to the WTO Government Procurement Agreement with an acceptable initial offer; stresses that planned EU instruments to improve international market opening, such as the International Procurement Instrument, must be designed in such a way as to avoid adverse effects on EU companies, such as additional bureaucracy and new market distortions;
Amendment 88 #
2019/2131(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission to adopt a more favourable approach to industrial cooperationconsider adopting higher thresholds in the field of merger control in order to foster the emergence of European leaders that are globally competitive;
Amendment 104 #
2019/2131(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls for a review of the definition of the relevant market so as to move towards a longer-term vision encompassing the global dimension and potential future competi, particularly in merger decisions, for an even greater focus on global competition from non-European undertakings than hitherto, depending on the individual case; calls for potential competition to be considered on a longer time scale and for greater account to be taken of efficiency considerations;
Amendment 110 #
2019/2131(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the Commission, given the market power of some specific digital mega-platforms, to formulate a tailor- made regulatory framework that ensures non-discriminatory access to, and fair competition on, these platforms;
Amendment 129 #
2019/2131(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission to review merger rules and strengthen antitrust action, taking into account the effects of market and network power associated with both personal and financial data; proposes that every merger in the market for such data should be subject to prior monitoring, regardless of thresholds;
Amendment 138 #
2019/2131(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Recognises the limitations of current competition law when it comes to network effects and abuse of dominant positions by some multinational mega- platforms that give preferential treatment to their own services; calls, therefore, on the Commission to propose new sector- specific regulation for certain digital intermediaries with particularly powerful market positions in order to promote competition so as to prevent market abuse, which should include a ban on preferential treatment of an undertaking's own services;
Amendment 172 #
2019/2131(INI)
11. Calls on the Commission to introduce, as part of an impact assessment, to discuss the extent to which the introduction of a centralised ex ante market monitoringsurveillance system, to provide national authorities with the necessary means to gather data anonymously, and to introduce targeted regulation when is appropriate and, if necessary, to draft a targeted regulatory proposal when such practices become systemic;
Amendment 211 #
2019/2131(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls on the Commission to create a fair trading environment for all stakeholders to support innovation in the EU, value creation, choice and quality for consumers, and, in addition, to carry out a comprehensive analysis of the need to adapt EU competition policy to current market developments in the retail sector, including concentration and abusive practices;
Amendment 225 #
2019/2131(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses the urgent need to adopt precautionary measures to adapt to the rapid development of new markets and to stop any practice which would seriously harm competition; calls on the Commission to relax the criteria for these measures, while respecting the rule of law, in order to avoid any irreversible damage;
Amendment 251 #
2019/2131(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commission to make more systematic use of investigations in sectors that are essential to the everyday life of citizens, such as transport and, the media and payment systems, in the digital age;
Amendment 281 #
2019/2131(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission to fully mobilise the sState aid modernisation strategy and to apply the ‘just transition’ principles, in particular for the energy transition;
Amendment 304 #
2019/2131(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls, without Treaty change, for regular use of the ordinary legislative procedure in competition policy, by analogy with the procedure for the ‘non- life insurance’ and ‘ECN+’ directivedirective and Directive (EU) 2019/1 to empower the competition authorities of the Member States to be more effective enforcers;
Amendment 26 #
2019/0273(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) In the face of blockage of dispute settlement and in the absence of a definitive judicial ruling, the Union will be unable to enforce international trade agreements. Therefore, it is appropriate to extend the scope of Regulation (EU) No 654/2014 to such situations.
Amendment 27 #
2019/0273(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) To this end, the Union should be able to expeditiously suspend obligations under international trade agreements, including regional or bilateral agreements, when effective recourse to a binding dispute settlement mechanism is not possible because the third country has rendered it impossible for the Union to do so, provided the Union has appropriately challenged those measures in front of the relevant dispute settlement body.
Amendment 32 #
2019/0273(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) Given mounting tension in international trade and in the context of the crisis facing the WTO, the Union should be able to react swiftly in the event of unreasonable or discriminatory measures taken against it. The Union should be able to impose provisional measures in the event of a clear violation of trade obligations by a third country, which causes or threatens to cause serious injury to the Union's commercial interests or jeopardises its strategic autonomy.
Amendment 49 #
2019/0273(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point ba (new)
Article 1 – paragraph 1 – point 1 – point ba (new)
Regulation (EU) No 654/2014
Article 3 – paragraph 1 – point d a (new)
Article 3 – paragraph 1 – point d a (new)
(ba) the following point (da) is inserted: (da) In the event of the adoption by a third country of unreasonable or discriminatory measures, a clear violation of its trade obligations towards the Union, which could cause or threaten serious injury to the Union's commercial interests or jeopardise strategic autonomy, provided that the Union has appropriately challenged those measures in front of the relevant dispute settlement body.
Amendment 13 #
2018/2974(RSP)
Paragraph 1 a (new)
1a. Recalls that the overall impacts on the economy due to the 2003 drought have been estimated at a minimum of EUR 8.7 billion (mainly concerning Mediterranean countries, France and the UK), measured as the estimated losses directly resulting from the drought (EC, 2007). According to the European Environment Agency, 50% of the populated areas in the EU will suffer from severe water scarcity by 2030.
Amendment 33 #
2018/2974(RSP)
Paragraph 4
4. Recalls its demand expressed in its COP23 resolution for the Commission to prepare by COP24 a mid-century zero emissions strategy for the Union; welcomes in this regardwelcomes the publication of the Commission Communication "A Clean Planet for all – A European strategic long- term vision for a prosperous, modern, competitive and climate neutral economy"; asks the Member States to agree on a net- zero 2050 strategy, as part of the future Europe debate, at the special EU summit in Sibiu in May 2019;
Amendment 64 #
2018/2974(RSP)
Paragraph 7
7. Points that according to the Commission the EU GDP is expected to increase more under zero emissions scenarios than in scenarios with lower emission reductions, however this may be spread unevenly across the EU; considers that the price of non-action would be by far the costliest scenario and would not only result in massive GDP loss in Europe, but also further increase economic inequalities between Member States as some are expected to be harder hit than others by the consequences of inaction;
Amendment 76 #
2018/2974(RSP)
Paragraph 8
8. Welcomes the inclusion of two pathways aiming at reaching net zero GHG emissions by 2050 and the Commission’s support for these, and considers this mid- century objective as the only one compatible with the Union'slong-term commitments under the Paris Agreement;
Amendment 78 #
2018/2974(RSP)
Paragraph 8 a (new)
8a. Emphasizes the central and primordial role of energy efficiency measures in reducing greenhouse gas emissions in all proposed scenarios and recalls for that purpose that Energy Efficiency First principle has been introduced by the Regulation on the Governance of the Energy Union.
Amendment 79 #
2018/2974(RSP)
Paragraph 9
9. Highlights the contribution of energy efficiency to security of supply, economic competitiveness and environmental protection and confirms the important role of energy efficiency in the creation of business opportunities and employment as well as its global and regional benefits. Notes however that those pathways rely also to a large extent on carbon removal technologies, including through carbon capture and storage or usage and direct air capture, that yet have to prove their feasibility; considers that the EU net-zero strategy should not overly relyand that their feasibility depends on the early scale-up onf such technologies, which should complement direct emissions reductions; believes that further action by 2030 is needed if the Union is to avoid relying on carbon removal technologies that would entail significant risks for ecosystems, biodiversity and food security as confirmed by the IPCC 1.5 rep; highlights that the IPCC 1.5C Special Report assigns important emissions reductions to Carbon capture and storage (CCS) in most 1.5C scenarios, refers to in-depth analysis in support of the Commission Communication which sees arole for CCS in all scenarios for 2050; stresses the need to develop, demonstrate and deploy CCS and CCU technologies in the EU industrial and energy sectorts;
Amendment 131 #
2018/2974(RSP)
Paragraph 11 a (new)
11 a. Insists on a dedicated earmarked fund for just transition in the MFF proposals.
Amendment 136 #
2018/2974(RSP)
Paragraph 12
12. Insists that carbon leakage must be and can be avoided by intelligent policy frameworks;Highlights the importance of the energy intensive industries to achieve our long-term EU greenhouse gas reductions. In order to maintain the industrial production in the EU and to avoid carbon leakage, the necessary investments into new technologies and production methods need to be accompanied by a comprehensive policy framework that preserves the competitiveness of European industries, including measures to counter balance the additional costs compared to production in third countries with lower environmental standards.
Amendment 144 #
2018/2974(RSP)
Paragraph 12 a (new)
12 a. Considers that the EU needs to start developing an industry strategy with a set of measures that allows the EU industry to recover the full costs of its decarbonisation; further considers that products produced in the EU, imported and sold on the EU market need to have a similar carbon cost constraint and that WTO-compliant measures need to be developed as quickly as possible;
Amendment 148 #
2018/2974(RSP)
Paragraph 12 b (new)
12 b. Recalls that 71% of all energy is used for space heating alone; agrees with the Commission that energy-efficient homes will become the norm in a climate neutral EU, delivering better health and comfort for all Europeans.
Amendment 159 #
2018/2974(RSP)
Paragraph 14
14. Stresses that reaching net-zero GHG emissions in 2050 in the most cost- efficient manner, requires prioritising the stable, predictable and ambitious implementation of the adopted 2030 Clean Energy Package targets and may require raising and aligning the 2030 ambition level with net- zero 2050 scenarios; believes it is of upmost importance that the Union sends a clear message, at the latest during the UN Climate Summit in New York in September 2019, that it stands ready to review its contribution to the Paris Agreement;
Amendment 164 #
2018/2974(RSP)
Paragraph 15
15. SupportCalls aon update of the Union’s Nationally Determined Contribution (NDC); calls therefore on EU leaders to consider raising the level of ambition of the Union’s NDC at the special EU Summit in Sibiu in May 2019, in view of the UN Clithe Commission to analyse if an increased 2030 target is in line with the cost-efficient pathway to net zero emissions in 2050 and if it is economically feasible and if it is possible by implementing the existing legislation without new legislation and then matke Summit in September 2019if appropriate a respective proposal;
Amendment 211 #
2018/2974(RSP)
Paragraph 19
19. Considers that technology developments and solutions, energy efficiency in both supply & demand and sustainable renewable energy in the transport and power sectors will be key; underlines in this respect the importance of putting in place an overall framework that sets a level playing field for all available and innovative decarbonising solutions, to be complemented by technology-specific strategies, such as for hydrogen or methane;
Amendment 232 #
2018/2974(RSP)
Paragraph 20
20. Underlines the central and complementary importance of a renewable-based powerand efficient power and heat sector and asks the Commission and the Member States to take all necessary action in that regard as it will have spill- over effects across all economic sectors; highlights that all pathways assume full decarbonisation of the power sector by 2050, a drastic reduction of fossil fuels and a strong increase in renewable energies and energy efficiency measures;
Amendment 248 #
2018/2974(RSP)
Paragraph 21
21. Stresses the need to implement the Energy Union and ensure further integration of the European Energy market in order to most effectively decarbonise the power sector and to facilitate investments where most renewable energy production can be effectuatachieved;
Amendment 249 #
2018/2974(RSP)
Paragraph 21 a (new)
21 a. Stresses that sectoral efforts must be complemented by a cross-sector approach towards energy system integration in project planning for development and operations, making use of synergies between all energy infrastructures within a territory,including electricity, heat and gas networks, as well as technologies linking these networks; recognises that energy systems integration can provide higher flexibility, improved system efficiency, higher uptake of renewable energy across all energy carriers, and ultimately a cost-effective, feasible and acceptable energy transition.
Amendment 254 #
2018/2974(RSP)
Paragraph 22
22. Points out that the strategy confirms that GHG emissions from the transport sector are still on the rise, and that the Clean Mobility Package will not be sufficient to decarbonise the transport sector by 2050;
Amendment 275 #
2018/2974(RSP)
Paragraph 23 a (new)
23 a. Notes that the EU building stock is responsible for about 40% of Europe’s final energy consumption and 36% of CO2 emissions in Europe; calls for unlocking its energy savings potential and for carbon-footprint reduction, in consistency with the EPBD objective of reaching an energy efficient and decarbonised building stock by 2050; considers that if deployed at scale, safe, reliable and readily-available technologies can tap the energy efficiency potential of Europe’s energy inefficient building stock, applying the deep staged renovation approach, and in synergy with renewable energy sources, limit the devastating impact of climate change; further considers that the achievement of low energy demand building, fully supplied by renewable energy, is a sine qua non for the Paris Agreement and for an EU agenda for growth, local jobs and improved living conditions for citizens across Europe.
Amendment 392 #
2018/2974(RSP)
Paragraph 34 a (new)
34 a. Regrets that many other major economies are not yet working on 2050 strategies and there is almost no debate in other major economies about increasing the NDCs to bring them in line with the global target under the Paris Agreement; therefore asks the Council and the Commission to increase climate diplomacy and take other appropriate measures to encourage other major economies so that we can achieve together the long-term Paris Agreement targets.
Amendment 79 #
2018/2279(INI)
Motion for a resolution
Recital H b (new)
Recital H b (new)
H b. Whereas seven of the EU-27 Member States are among the top 10 in Global SDG Index ranking and whereas the EU-27 Member States as a whole are in top 50 (out of 156);1a _________________ 1a Reflection paper “Towards a sustainable Europe by 2030”, page 7.(https://ec.europa.eu/commission/sites/b eta- political/files/rp_sustainable_europe_30- 01_en_web.pdf)
Amendment 113 #
2018/2279(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Calls on the Commission and Member States to ensure an horizonal approach to the Sustainable Development Goals in their policies
Amendment 166 #
2018/2279(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Regrets the general unsustainable tendencies due to overexploitation of natural ressources as well as the loss of biodiversity caused by unsustainable consumption and production modes; Hence the EU needs to speed-up its initiatives and play its leadership role in the field of product design in order to work towards a circular economy production and consumption model.
Amendment 249 #
2018/2279(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17 b. Calls on the Commission to promote sustainable global value chains with the introduction of due diligence systems for companies, with a focus on their entire supply chain, which would encourage businesses to invest more responsibly and stimulate a more effective implementation of sustainability chapters in free trade agreements, including in the areas of anticorruption, transparency, anti-tax avoidance and responsible business conduct;
Amendment 255 #
2018/2279(INI)
Motion for a resolution
Paragraph 17 c (new)
Paragraph 17 c (new)
17 c. Calls on the Commission and the Member States to encourage the emergence of new business models, bring down the barriers in the Single Market and take advantage of new technologies such as artificial intelligence; stresses that important horizontal enablers such as research and innovation, finance, pricing and taxation, responsible business conduct, and new business models and education could create the right conditions for sustainability change;
Amendment 266 #
2018/2279(INI)
Motion for a resolution
Paragraph 17 d (new)
Paragraph 17 d (new)
17 d. Acknowledges that EU research, development and innovation hubs and incubators are important to support sustainable development; therefore calls the Commission and the Member States to promote stronger links between researchers and business, so that researchers and businesses can meet, exchange best practises, and spur innovation; underlines that research and innovation funding needs to be complemented with a strategic approach to investment, allowing innovative solutions to reach the market, as these often require capital intensive and high- risk investments;
Amendment 273 #
2018/2279(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Notes that agriculture in the EU has made real progress on the climate and environmental front, reducing greenhouse gas emissions by 20% and nitrates levels in riversby 17.7% since 1990; further notes that organic farming, with an emphasis on environmental protection and animal welfare, has been steadily increasing in all EU Member States since 2005 and is expected to keep growing;1a _________________ 1aReflection paper “Towards a sustainable Europe by 2030”, page 17.(https://ec.europa.eu/commission/sites/ beta- political/files/rp_sustainable_europe_30- 01_en_web.pdf)
Amendment 278 #
2018/2279(INI)
Motion for a resolution
Paragraph 18 c (new)
Paragraph 18 c (new)
18 c. Highlights that given the growing complexity and globalisation of supply chains, it is important to promote the application of high sustainability standards also in third countries.
Amendment 1 #
2018/2262(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes that the EU is Switzerland’s main trading partner, accounting for 52 % of its exports, and Switzerland is the EU’s third-largest trading partner, accounting for 7 % of its trade; and over 71% of its imports, and that the trade in goods under the current bilateral trade agreements amounts to no less than 1 billion CHF per day1a, and "that Switzerland earns one in every 3 francs through trade with the EU"2a, whereas Switzerland is the EU’s third-largest trading partner, accounting for 7 % of its trade; _________________ 1a https://www.eda.admin.ch/dam/dea/en/doc uments/abkommen/InstA-Wichtigste-in- Kuerze_en.pdf 2a https://www.eda.admin.ch/dam/dea/en/doc uments/abkommen/InstA-Wichtigste-in- Kuerze_en.pdf
Amendment 3 #
2018/2262(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Welcomes the conclusion of the negotiations on the Institutional Framework Agreement (IFA) between the EU and the Swiss Confederation in December 2018 and calls for a swift stakeholder consultation, as called for by the Federal Council on 7 December 2018, and to proceed without delay with the ratification to urgently modernize and further expand the EU-Switzerland relationship, to increase legal certainty and guarantee continued access for Swiss companies to the Single Market as well as to permit the continuation and facilitation of ongoing sectoral negotiations;
Amendment 12 #
2018/2262(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Acknowledges the need for an Institutional Framework Agreement, as the EU-Switzerland relationship is based on a complex system of 120 sector-specific agreements, and additional coherence and legal certainty would benefit all parties;
Amendment 16 #
2018/2262(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls for the trading relationship to be modernised and for itWelcomes the political declaration of intent to modernize the 1972 EU- Switzerland FTA, which lacks an adequate dispute settlement system and does not cover services, and welcomes its ambition for a revised trade partnership to include areas such as services (including digital), Intellectual Property Rights (IPR) and, trade facilitation, mutual recognition of conformity assessments, and public procurement as well as a chapter on trade and sustainable development;
Amendment 18 #
2018/2262(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Welcomes the inclusion of a modern Dispute Settlement system in the draft IFA, which could apply to the future updated trade relationship;
Amendment 26 #
2018/2262(INI)
Draft opinion
Paragraph 7
Paragraph 7
Amendment 30 #
2018/2262(INI)
Draft opinion
Paragraph 9
Paragraph 9
Amendment 66 #
2018/0358M(NLE)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Encourages the Commission to continue its work on making the ICS more accessible to small and medium-sized enterprises (SMEs); underlines the potential for growth and significant benefits that are hereby made available to European Small and Medium-sized Enterprises, considering this sector of the economy of vital interest for European prosperity and innovation;
Amendment 72 #
2018/0356M(NLE)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses the economic and strategic importance of this agreement, as the EU and Vietnam share a common agenda and common values – to stimulate growth and employment, boost competitiveness, fight against poverty and make progress towards achieving the Sustainable Development Goals (SDGs); emphasizes the geopolitical considerations that render EU partners in the Far-East as key players to engage with, in a complex local geo-economic environment;
Amendment 84 #
2018/0356M(NLE)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Is convinced that the agreement will make further strides towards setting high standards and rules in the ASEAN region, helping to pave the way for a future region-to-region trade and investment agreement; stresses that the agreement also sends a strong signal in favour of open and free trade at times of protectionist tendencies and the questioning of multilateral rules-based trade; emphasizes that the recent conclusion of text-based negotiations on the Regional Comprehensive Economic Partnership (RCEP) as well as the entry into force of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) on 30 December 2018, agreements to which Viet Nam is a party, increases the geopolitical and economic necessity for the EU to step up its engagement with the ASEAN region;
Amendment 105 #
2018/0356M(NLE)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Welcomes the fact that around 169 EU geographical indications will benefit from recognition and protection on the Vietnamese market at a comparable level to that of EU legislation, in view of the fact that Vietnam is an important export market in Asia for EU food and drink exports; underlines the potential for growth and significant benefits that are hereby made available to European Small and Medium-sized Enterprises, considering this sector of the economy of vital interest for European prosperity and innovation;
Amendment 109 #
2018/0356M(NLE)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Welcomes the fact that the Agreement includes a chapter on customs and trade facilitation; considers that continued cooperation on trade facilitation will be necessary to reap the full benefits of the Agreement; however notes the absence of a dedicated SME chapter; considers that in a potential revision of the Agreement the Commission should explore the possibility to introduce one;
Amendment 111 #
2018/0356M(NLE)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Emphasises the importance of SMEs to contribute to jobs, competitiveness and growth; stresses therefore the importance to facilitate implementation of the Agreement for these companies; especially since SMEs need clear rules in trade that do not bring unnecessary regulatory burdens; stresses therefore the importance of consulting SMEs during the implementation period;
Amendment 183 #
2018/0356M(NLE)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Underlines the crucial importance of implementing all provisions and chapters of the agreement, ranging from market access to sustainable development and enforcement of all commitments; highlights in this context the new post of Chief Trade Enforcement Officer, who will work directly under the guidance of the Trade Commissioner; reiterates the commitment of the International Trade Committee of the EP to assume an active role in the monitoring of the implementation of the EVFTA commitments;
Amendment 11 #
2018/0332(COD)
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1a) Studies have shown that the half- yearly clock change has a negative impact on human and animal health.
Amendment 12 #
2018/0332(COD)
Proposal for a directive
Recital 1 b (new)
Recital 1 b (new)
(1b) The energy for lighting saved by switching to summer time – the initial goal – is more than outweighed by increased consumption of energy for heating and the fact the main heating period has been brought forward.
Amendment 15 #
2018/0332(COD)
Proposal for a directive
Recital 3
Recital 3
(3) The Commission has examined available evidence, which points to the importance of having harmonised Union rules in this area to ensure the proper functioning of the internal market and avoid, inter alia, disruptions to the scheduling of transport operations and the functioning of information and communication systems, higher costs to cross-border trade, or lower productivity for goods and services. Evidence is not conclusive as to whether the benefits of summer-time arrangements outweigh the inconveniences linked to a biannual change of time.
Amendment 22 #
2018/0332(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) The existence of different time zones would have a dramatic impact on work and family life, especially in border regions with many daily commuters.
Amendment 36 #
2018/0332(COD)
Proposal for a directive
Recital 5
Recital 5
(5) This Directive should not prejudice the right of each Member State to decide on the standard time or times for the territories under its jurisdiction and falling under the territorial scope of the Treaties, and on further changes thereto. However, in order to ensure that the functioning of the internal market is not thereby disrupted, Member States should agree on a possible change in standard time in consultation with the other Member States and, where possible, adopt a harmonised approach. In order to prevent the application of summer-time arrangements by some Member States only does not disrupt the functioning of the internal market, Member States should refrain from changing the standard time in any given territory under their jurisdiction for reasons related to seasonal changes, be such change presented as a change of time zone. Moreover, in order to minimise disruptions, inter alia, to transport, communications and other concerned sectors, they should notify the Commission in due time of their intention to change their standard time and subsequently apply the notified changes. The Commission should, on the basis of that notification, inform all other Member States so that they can take all necessary measures. It should also inform the general public and stakeholders by publishing this information.
Amendment 46 #
2018/0332(COD)
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) While it is legally not possible to oblige member states to decide for a dedicated time zone, all efforts must be done to avoid unnecessary complications. Therefore, Commission and member states should be in permanent dialogue about the respective choice.
Amendment 58 #
2018/0332(COD)
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. Notwithstanding paragraph 1, Member States may still apply a seasonal change of their standard time or times in 2019, in consultation with the other Member States, provided that they do so at 1.00 a.m., Coordinated Universal Time, on 27 October 2019. In doing so, the Member States shall adopt a harmonised approach. The Member States shall notify this decision in accordance with Article 2.
Amendment 67 #
2018/0332(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. Without prejudice to Article 1, if a Member State decides to change its standard time or times in any territory under its jurisdiction, it shall notify the Commission at least 6 monthsone year before the change takes effect. Where a Member State has made such a notification and has not withdrawn it at least 6 monthsone year before the date of the envisaged change, the Member State shall apply this change.
Amendment 86 #
2018/0332(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
Directive 2000/84/EC is repealed with effect from 1 AprilOctober 2019.
Amendment 10 #
2018/0243(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) This Regulation should reflect the need to focus on strategic priorities, both geographically – the European Neighbourhood and Africa, as well as countries that are fragile and most in need, but also thematically – security, migration, climate change mitigation and adaptation and human rights.
Amendment 24 #
2018/0243(COD)
Proposal for a regulation
Recital 30 a (new)
Recital 30 a (new)
(30a) This regulation should contribute to the sustainable management of natural resources such as water, soil and forests. Therefore sustainable and secure mining techniques, sustainable forest management and sustainable agricultural practices should be promoted.
Amendment 30 #
2018/0243(COD)
Proposal for a regulation
Article 4 – paragraph 3 – subparagraph 1 – point d
Article 4 – paragraph 3 – subparagraph 1 – point d
(d) Global Challenges, including climate change mitigation and adaptation.
Amendment 31 #
2018/0243(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The financial envelope for the implementation of this Regulation for the period 2021 – 2027 shall be EUR 891 200 million in current prices.
Amendment 33 #
2018/0243(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b – indent 4
Article 6 – paragraph 2 – point b – indent 4
– Global Challenges EUR 35 000 million,
Amendment 5 #
2018/0236(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2 a) The space sector is today crucial to numerous Union and Member States' policies in fields such as environment, climate change, agriculture and rural development, civil protection and prevention, safety and security, as well as the digital economy. Further potential applications, including space solutions for climate change, need to be identified and actively pursued.
Amendment 43 #
2018/0236(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) Copernicus should ensure an autonomous access to environmental knowledge and key technologies for Earth observation and geo-information services, thereby enabling the Union to achieve independent decision-making and actions in the fields of the environment, climate change, civil protection and prevention, security, as well as the digital economy, among others.
Amendment 50 #
2018/0236(COD)
Proposal for a regulation
Recital 62 a (new)
Recital 62 a (new)
(62 a) Transportation of space vessels and their components from earth to space comes at significant operational costs and environmental impact. In order to reduce the number of journeys to space and thereby the emission of greenhouse gas emissions, space vessels should be designed with a view to reusability in space. Furthermore a long term objective should be to enable sustainable energy production in space by using the resources available in space, for example to set up the production of hydrogen that could allow the refuelling of space vessels.
Amendment 60 #
2018/0236(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8 a (new)
Article 2 – paragraph 1 – point 8 a (new)
(8 a) Potential candidates are countries/entities which have a clear prospect of joining the EU in the future but have not yet been granted candidate country status;
Amendment 63 #
2018/0236(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) for Copernicus: to deliver accurate and reliable Earth Observation data and information, supplied on a long-term basis, to support the implementation and monitoring of the Union and its Member States' policies in the fields of the environment, climate change, agriculture and rural development, civil protection, humanitarian aid, safety and security, as well as the digital economy;
Amendment 67 #
2018/0236(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) development activities linked to autonomous, reliable and cost-efficient access to space including alternative energy production making use of the resources available in space, new launching technologies and innovative systems or services, taking into account the essential security interests of the Union and its Member States, as referred to in Article 25;
Amendment 129 #
2018/0236(COD)
Proposal for a regulation
Article 50 – paragraph 1 – point a – indent 4
Article 50 – paragraph 1 – point a – indent 4
– climate change monitoring change, in accordance with article 49, to provide information on anthropogenic CO2 and other greenhouse gas emissions, essential climate variables, climate reanalyses, seasonal forecasts, climate projections and attribution, as well as indicators at relevant temporal and spatial scales;
Amendment 131 #
2018/0236(COD)
Proposal for a regulation
Article 50 – paragraph 1 – point b
Article 50 – paragraph 1 – point b
(b) emergency management service to provide information in support of the Emergency Response Coordination Centre (ERCC) and public authorities concerned with civil protection established in the Union, supporting European and national civil protection and emergency response operations (especially improving early warning activities and crisis response capacities), and prevention and preparedness actions (risk and recovery analyses) in relation to differentall possible types of disasters;
Amendment 61 #
2018/0218(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 18 – point a a (new)
Article 1 – paragraph 1 – point 18 – point a a (new)
Regulation (EU) No 1308/2013
Article 119 – paragraph 1 – point g a (new)
Article 119 – paragraph 1 – point g a (new)
(aa) In paragraph 1, the following point is added: “(ga) a nutrition declaration, that can be limited to the average energy value only;”
Amendment 99 #
2018/0216(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) In order to foster a smart and resilient agricultural sector, direct payments keep on constituting an essential part to guarantee a fair income support to farmers, equal partners in farming cooperatives, and agricultural workers. Likewise, investments into farm restructuring, modernisation, innovation, diversification and uptake of new technologies are necessary to improve farmers’ market reward.
Amendment 120 #
2018/0216(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) The framework of standards of GAECs aims to contribute to the mitigation and adaptation to climate change, the tackling of water challenges, the protection and quality of soil and the protection and quality of biodiversity. The framework needs to be enhanced to take into account in particular the practices set until 2020 under the greening of direct payments, the mitigation of climate change and the need to improve farms sustainability, and in particular the nutrients management. It is acknowledged that each GAEC contributes to multiple objectives. In order to implement the framework, Member States should define a national standard for each of the standards set at Union level taking into account the specific characteristics of the area concerned, including soil and climatic conditions, existing farming conditions, land use, crop rotation, farming practices and farm structures. Member States may also define in addition other national standards related to the main objectives laid down in Annex III in order to improve the environmental and climate delivery of the GAEC framework. As part of GAEC framework, in order to support both the agronomic and the environmental performance of farms, nutrient management plans will be established with the help of a dedicated electronic Farm Sustainability Tool made available by the Member States to individual farmers. The tool should provide on-farm decision support starting from minimum nutrient management functionalities. A wide interoperability and modularity should also ensure the possibility to add other electronic on-farm and e-governance applications. In order to ensure a level playing field between farmers and across the Union, the Commission may provide support to the Member States in the design of the Tool as well as with the data storage and processing services requiredequivalent practices or certification systems that have beneficial effects on climate and environment that are similar or superior to the effects of one or more GAEC practices.
Amendment 140 #
2018/0216(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) In order to ensure a fairer distribution of income support, the amounts of direct payments above a certain ceiling should be reduced and the product should either be used for decoupled direct payments and in priority for the complementary redistributive income support for sustainability, or be transferred to the EAFRD. In order to avoid negative ramifications for farming consortia and cooperatives, equal members of cooperatives and comparable consortia should be treated in the same way as sole proprietors. In order to avoid negative effects on employment, labour should be taken into account when applying the mechanism.
Amendment 151 #
2018/0216(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) In view of the acknowledged need to promote a more balanced distribution of support towards small and/or medium- sized farmers, as well as cooperatives and consortia of the same, in a visible and measurable way, a specific decoupled payment per hectare, the complementary redistributive income support for sustainability, should be established at Union level. To allow for a better targeting of this complementary support and in view of acknowledging the differences in farm structures across the Union, Member States should have the possibility to provide different amounts of complementary support to different ranges of hectares. Equal partners of farming cooperatives and similar consortia should be treated in the same way as sole proprietors in these endeavours.
Amendment 152 #
2018/0216(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) The creation and development of new economic activity in the agricultural sector, or entry into existing companies, by young farmers is financially challenging and constitutes an element that should be considered in the allocation and targeting of direct payments. Young farmers who participate in a farming cooperative as equal partners should be taken into consideration. This development is essential for the competitiveness of the agricultural sector in the Union and, for this reason, Member States may establish a complementary income support for young farmers. This type of interventions should be established to provide young farmers with an additional income support after the initial setting up.
Amendment 159 #
2018/0216(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) The CAP should ensure that Member States increase the environmental delivery by respecting local needs and farmers' actual circumstances. Member States should under direct payments in the CAP Strategic Plan set up Eco-schemes voluntary for farmers, which should be fully coordinated with the other relevant interventions. They should be defined by the Member States as a payment granted either for incentivising and remunerating the provision of public goods by agricultural practices beneficial to the environment and climate or as a compensation for the introduction of these practices. In both cases tThey should aim at enhancing the environmental and climate performance of the CAPagricultural holdings, where appropriate to enable them to increase their competitiveness and should consequently be conceived to go beyond the mandatory requirements already prescribed by the system of conditionality. Member States may decide to set up eco- schemes for agricultural practices and systems such as the enhanced management of permanent pastures and landscape features, and organic farming. These schenvironmental certification systemes may also include ‘entry-level schemes’ which may be a condition for taking up more ambitious rural development commitmentsand organic farming, integrated production, conservation agriculture or digital agriculture.
Amendment 176 #
2018/0216(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) Support for management commitments may include organic farming premia for the maintenance of and the conversion to organic land; payments for other types of interventions supporting environmentally friendly production systems such as agro-ecology, conservation agriculture and integrated production and digital and precision farming; forest environmental and climate services and forest conservation; premia for forests and establishment of agroforestry systems; animal welfare; conservation, sustainable use and development of genetic resources. Member States may develop other schemes under this type of interventions on the basis of their needs. This type of payments should cover additional costs and income foregone only resulting from commitments going beyond the baseline of mandatory standards and requirements established in Union and national law, as well as conditionality, as laid down in the CAP Strategic Plan. Commitments related to this type of interventions may be undertaken for a pre-established annual or pluri-annual period and might go beyond seven years where duly justified.
Amendment 189 #
2018/0216(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) The objectives of the CAP should also be pursued through support for investments, productive as well as non- productive, on farm as well as off-farm. Such investments may concern, inter alia, infrastructures related to the development, modernisation or adaptation to climate change of agriculture and forestry, including access to farm and forest land, land consolidation and improvement, agro- forestry practices and the supply and saving of energy and water. Investments in favour of transitions towards dual economic and environmental performance systems such as digital, conservation or integrated farming systems should be specifically encouraged. In order to better ensure the consistency of the CAP Strategic Plans with Union objectives, as well as a level playing field between Member States, a negative list of investment topics is included in this Regulation.
Amendment 206 #
2018/0216(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) EAFRD should not provide support in priority investments that generate both economic and environmental benefits while not support toing investments that would harm the environment. Hence it is necessary to provide in this Regulation a number of exclusion rules, as well as the possibility to further develop these guarantees in delegated acts. Notably, the EAFRD should not finance investments in irrigation which do not contribute towards the achievement, or the preservation, ofobtaining a good status of the associated water body or bodies andconcerned within the meaning of Directive 2000/60 / EC, for reasons related to the quantity of water, unless they are compatible with the principles described in Article 4 (7) of Directive 2000/60 / EC, or investments in afforestation which are not consistent with climate and environmental objectives in line with sustainable forest management principles.
Amendment 240 #
2018/0216(COD)
Proposal for a regulation
Recital 87
Recital 87
(87) In order to ensure uniform conditions for the implementation of this Regulation and to avoid unfair competition or discrimination between farmers, implementing powers should be conferred on the Commission as regards the fixing of reference areas for the support for oilseeds, rules for the authorisation of land and varieties for the purposes of the crop- specific payment for cotton and related notifications, the calculation of the reduction where the eligible area of cotton exceeds the base area, the Union financial assistance for distillation of by-products of wine-making , as well as methanation and composting of residues of wine-making, the annual breakdown by Member State of the total amount of Union support for types of interventions for rural development, rules on the presentation of the elements to be included in the CAP Strategic Plan, rules on the procedure and time limits for the approval of CAP Strategic Plans and the submission and approval of requests for amendment of CAP Strategic Plans, uniform conditions for the application of the information and publicity requirements relating to the possibilities offered by the CAP Strategic Plans, rules relating to the performance, monitoring and evaluation framework, rules for the presentation of the content of the annual performance report, rules on the information to be sent by the Member States for the performance assessment by the Commission and rules on the data needs and synergies between potential data sources, and arrangements to ensure a consistent approach for determining the attribution of the performance bonus to Member States. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.22 __________________ 22 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 292 #
2018/0216(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c – introductory part
Article 4 – paragraph 1 – point c – introductory part
(c) for the purpose of types of interventions in the form of direct payments, 'eligible hectare' shall be defined in a way that it includes any agricultural area of the holding:
Amendment 294 #
2018/0216(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c – point ii – paragraph 1 – introductory part
Article 4 – paragraph 1 – point c – point ii – paragraph 1 – introductory part
that gave a right towas eligible for payments under Subsection 2 of Section 2 of Chapter II of Title III of this Regulation or under the basic payment scheme or the single area payment scheme laid down in Title III of Regulation (EU) No 1307/2013, and which:
Amendment 295 #
2018/0216(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c – point ii – paragraph 1 – indent 1
Article 4 – paragraph 1 – point c – point ii – paragraph 1 – indent 1
– no longer complies with the definition of 'eligible hectagricultural area' set out in point (a) of Regulation (EU) No 1307/2013as specified in point (i) as a result of the implementation of Directives 92/43/EEC and 2009/147/EC or Directive 2000/60/EC;
Amendment 338 #
2018/0216(COD)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. The achievement of the general objectives shall be pursued through the following specific objectives:following specific objectives may be used to pursue the achievement of the general objectives. Member States will demonstrate through the assessment of needs why and how they intend to pursue or not several of the given objectives. If some objectives are not relevant or may be addressed through state aid support, they can not be pursued, provided that a grounded explanation is given.
Amendment 449 #
2018/0216(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The Commission is empowered to adopt delegated acts in accordance with Article 138 amending Annex I to adapt the common output, result and impact indicators to take into account the experience with their application and, where needed, to delete and add new indicators.
Amendment 461 #
2018/0216(COD)
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1
Article 10 – paragraph 1 – subparagraph 1
Amendment 535 #
2018/0216(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States shallmay include in the CAP Strategic Plan a system providing services for advising farmers and other beneficiaries of CAP support on land management and farm management ('farm advisory services').
Amendment 551 #
2018/0216(COD)
Proposal for a regulation
Article 13 – paragraph 4 – point f
Article 13 – paragraph 4 – point f
(f) development of digital technologies in agriculture and rural areas as referred to in Article 102(b)., such as field sensors and robots;
Amendment 582 #
2018/0216(COD)
Proposal for a regulation
Article 15 – paragraph 1 – introductory part
Article 15 – paragraph 1 – introductory part
1. Member States shallmay reduce the amount of direct payments to be granted to a farmer pursuant to this Chapter for a given calendar year exceeding EUR 60 000 as follows:
Amendment 602 #
2018/0216(COD)
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1 (new)
Article 15 – paragraph 1 – subparagraph 1 (new)
In the case of a cooperative, a comparable legal person or an association of individuals carries out the reduction according to paragraph 1 at the level of the members or individuals belonging to these cooperatives or associations, provided that the member or individual is involved in the operation.
Amendment 632 #
2018/0216(COD)
Proposal for a regulation
Article 16 – paragraph 2 – subparagraph 2
Article 16 – paragraph 2 – subparagraph 2
Amendment 672 #
2018/0216(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Member States shallmay provide for a complementary redistributive income support for sustainability ('redistributive income support') under the conditions set out in this Article and as further specified in their CAP Strategic Plans.
Amendment 677 #
2018/0216(COD)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. Member States shall ensure redistribution of support from bigger to smaller or medium-sized farms by providing for a redistributive income support in the form of an annual decoupled payment per eligible hectare to farmers who are entitled to a payment under the basic income support referred to in Article 17. As a result, equal members of cooperatives and comparable agricultural associations should be treated as individual farmers.
Amendment 679 #
2018/0216(COD)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. Member States shallmay ensure redistribution of support from bigger to smaller or medium-sized farms by providing for a redistributive income support in the form of an annual decoupled payment per eligible hectare to farmers who are entitled to a payment under the basic income support referred to in Article 17.
Amendment 688 #
2018/0216(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. As part of their obligations to contribute to the specific objective 'attract young farmers and facilitate business development in rural areas' set out in point (g) of Article 6(1) and to dedicate at least 2% of their allocations for direct payments to this objective in accordance with Article 86(4), Member States may provide a complementary income support for young farmers who have newly set up for the first time or are involved in a farming operation as equal members in a cooperative or comparable associations and who are entitled to a payment under the basic income support as referred to in Article 17.
Amendment 690 #
2018/0216(COD)
Proposal for a regulation
Article 27 – paragraph 3 a (new)
Article 27 – paragraph 3 a (new)
3a. By derogation to paragraph 3, Member States may allocate an annual lump sum amount per farmer calculated on the basis of the average number of eligible hectares declared by young farmers in 2021. A Member State may recalculate the fixed number of hectares in any year after 2021 in the case of significant changes in the number of young farmers applying for the payment or in the size of the holdings of young farmers or both.
Amendment 717 #
2018/0216(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. Member States shall support under this type of intervention genuine farmers who make commitments to observe, maintain and promote on eligible hectares, agricultural practices and systems beneficial for the climate and the environment.
Amendment 842 #
2018/0216(COD)
Proposal for a regulation
Article 40 – paragraph 1
Article 40 – paragraph 1
Amendment 849 #
2018/0216(COD)
Proposal for a regulation
Article 43 – paragraph 1 – point a
Article 43 – paragraph 1 – point a
(a) investments in tangible and non- tangible assets, in particular focused on water saving, energy saving, ecological packaging and waste reduction;
Amendment 909 #
2018/0216(COD)
Proposal for a regulation
Article 49 – paragraph 4
Article 49 – paragraph 4
Amendment 930 #
2018/0216(COD)
Proposal for a regulation
Article 51 – paragraph 1 – point i a (new)
Article 51 – paragraph 1 – point i a (new)
(ia) assist wine-growers in reducing the use of inputs, implement and promote more environmentally friendly production techniques and farming practices; this objective corresponds to the specific objectives set out in Article 6 (1) (b), (e) and (f).
Amendment 935 #
2018/0216(COD)
Proposal for a regulation
Article 52 – paragraph 1 – point b – point i (new)
Article 52 – paragraph 1 – point b – point i (new)
i) in processing facilities and winery infrastructure, as well as marketing structures and tools;
Amendment 936 #
2018/0216(COD)
Proposal for a regulation
Article 52 – paragraph 1 – point b – point ii (new)
Article 52 – paragraph 1 – point b – point ii (new)
ii) in wine-growing holdings, with the exception of intervention falling under the type of intervention described in Article 52 (1) (a);
Amendment 937 #
2018/0216(COD)
Proposal for a regulation
Article 52 – paragraph 1 – point b a (new)
Article 52 – paragraph 1 – point b a (new)
(ba) tangible and intangible investments in the protection of the vineyard against climatic hazards;
Amendment 939 #
2018/0216(COD)
Proposal for a regulation
Article 52 – paragraph 1 – point f
Article 52 – paragraph 1 – point f
(f) distillation of by-products of wine making, as well as the methanation and the composting of the residues of wine making carried out in accordance with the restrictions laid down in Section D of Part II of Annex VIII to Regulation (EU) No 1308/2013;
Amendment 954 #
2018/0216(COD)
Proposal for a regulation
Article 53 – paragraph 7
Article 53 – paragraph 7
7. The Union financial assistance for distillation of by-products of wine making , as well as the methanisation and composting of residues from winemaking, referred to in point (f) of Article 52(1) shall be fixed by the Commission in accordance with the specific rules laid down in Article 54(3) by means of implementing acts adopted in accordance with the examination procedure referred to in Article 139(2).
Amendment 955 #
2018/0216(COD)
Proposal for a regulation
Article 54 – paragraph 3 – subparagraph 1
Article 54 – paragraph 3 – subparagraph 1
The amount of the Union assistance for distillation of by-products of wine making as well as the methanisation and composting of residues from winemaking, shall be fixed per % volume and per hectolitre of alcohol produced. No Union financial assistance shall be paid for the volume of alcohol contained in the by- products to be distilled which exceeds 10 % in relation to the volume of alcohol contained in the wine produced as well as the methanisation and composting centres that process the residues from winemaking.
Amendment 956 #
2018/0216(COD)
Proposal for a regulation
Article 54 – paragraph 3 – subparagraph 3
Article 54 – paragraph 3 – subparagraph 3
The Union financial assistance shall include a lump sum amount to compensate for the costs of collection of the by- products and residues of winemaking. That amount shall be transferred from the distilleroperator in charge of the processing of the by-products or the treatment of residues to the producer, where the relevant costs are borne by the latter.
Amendment 957 #
2018/0216(COD)
Proposal for a regulation
Article 54 – paragraph 3 – subparagraph 4
Article 54 – paragraph 3 – subparagraph 4
The Member States concerned shall ensure that the alcoholfinal product resulting from the distillvalorisation of by-products and residues of winemaking referred to in point (f) of Article 52(1) for which a Union financial assistance has been granted isare used exclusively for industrial or, energy or agronomic purposes that do not distort competition.
Amendment 1070 #
2018/0216(COD)
Proposal for a regulation
Article 65 – paragraph 4
Article 65 – paragraph 4
4. Member States shall only grant payments to farmers and other beneficiariegenuine farmers who undertake, on a voluntary basis, management commitments which are considered to be beneficial to achieving the specific objectives set out in Article 6(1).
Amendment 1089 #
2018/0216(COD)
Proposal for a regulation
Article 65 – paragraph 6
Article 65 – paragraph 6
6. Member States shall compensate beneficiaries for costs incurred and income foregone resulting from the commitments made. Where necessary, they may also cover transaction costs. Payments may also include a lump-sum amount linked to risk-taking resulting from the subscription of certain measures, in particular those involving performance requirements and/or involving significant changes in practices. In duly justified cases, Member States may grant support as a flat-rate or as a one- off payment per unit. Payments shall be granted annually.
Amendment 1209 #
2018/0216(COD)
Proposal for a regulation
Article 70 – paragraph 1
Article 70 – paragraph 1
1. Member States shallmay grant support for risk management tools under the conditions set out in this Article and as further specified in their CAP Strategic Plans.
Amendment 1214 #
2018/0216(COD)
Proposal for a regulation
Article 70 – paragraph 2
Article 70 – paragraph 2
2. Member States shallmay grant support under this type of interventions in order to promote risk management tools, which help genuine farmers manage production and income risks related to their agricultural activity which are outside their control and which contribute to achieving the specific objectives set out in Article 6.
Amendment 1235 #
2018/0216(COD)
Proposal for a regulation
Article 70 – paragraph 7
Article 70 – paragraph 7
7. Member States shall ensure that overcompensation as a result of the combination of the interventions under this Article with other public or private risk management schemes is avoided.
Amendment 1244 #
2018/0216(COD)
Proposal for a regulation
Article 72 – paragraph 3 – subparagraph 1
Article 72 – paragraph 3 – subparagraph 1
Member States shall limit thmay provide support to a maximum of 75% of the to 100% of eligible costs.
Amendment 1260 #
2018/0216(COD)
Proposal for a regulation
Article 85 – paragraph 2 – subparagraph 2
Article 85 – paragraph 2 – subparagraph 2
The minimum EAFRD contribution rate shall be 20 10%.
Amendment 1263 #
2018/0216(COD)
Proposal for a regulation
Article 85 – paragraph 3 – point a a (new)
Article 85 – paragraph 3 – point a a (new)
(aa) 80% for the installation of young farmers referred to in Article 69
Amendment 1268 #
2018/0216(COD)
Proposal for a regulation
Article 86 – paragraph 2 – subparagraph 1
Article 86 – paragraph 2 – subparagraph 1
At least 30% of the total EAFRD contribution to the CAP Strategic Plan as set out in Annex IX shall be reserved for interventions addressing the specific environmental- and climate-related objectives set out in points (d), (e) and (f) of Article 6(1) of this Regulation, excluding interventions based on Article 66.
Amendment 1345 #
2018/0216(COD)
Proposal for a regulation
Article 90 – paragraph 1 – subparagraph 1 – point b
Article 90 – paragraph 1 – subparagraph 1 – point b
(b) up to 1520% of the Member State’s allocation for EAFRD in financial years 2022 – 2027 to the Member State’s allocation for direct payments set out in Annex IV for calendar years 2021 to 2026.
Amendment 1382 #
2018/0216(COD)
Proposal for a regulation
Article 94 – paragraph 2
Article 94 – paragraph 2
2. The body of the Member State responsible for drawing up the CAP Strategic Plan shall ensure that the competent authorities for the environment and climate are effectively involved in the preparation ofs well as stakeholders are consulted before preparing the environmental and climate aspects of the plan.
Amendment 1403 #
2018/0216(COD)
Proposal for a regulation
Article 95 – paragraph 1 – point g a (new)
Article 95 – paragraph 1 – point g a (new)
(ga) a description of the elements that contribute to the environment and mitigation of climate change;
Amendment 1417 #
2018/0216(COD)
Proposal for a regulation
Article 97 – paragraph 1 – point a
Article 97 – paragraph 1 – point a
(a) targets for each relevant common and, where relevant, CAP Strategic Plan specific result indicators and related milestones. The value of these targets shall be justified in view of the assessment of needs referred to in Article 9and defined for the years 2024 and 2026. As regards the specific objectives set out in points (d), (e), and (f) of Article 6(1), targets shall be derived from the elements of explanation given in points (a) and (b) of paragraph 2 of this Article;
Amendment 1451 #
2018/0216(COD)
Proposal for a regulation
Article 106 – paragraph 5 – subparagraph 1
Article 106 – paragraph 5 – subparagraph 1
The approval of each CAP Strategic Plan shall take place no later than eightsix months following its submission by the Member State concerned.
Amendment 1465 #
2018/0216(COD)
Proposal for a regulation
Article 110 – paragraph 5 – subparagraph 1
Article 110 – paragraph 5 – subparagraph 1
The Commission shall be empowered to adopt delegated acts implementing accordance with Article 138ts, supplementing this Regulation with detailed rules on the application of the information, publicity and visibility requirements referred to in points (j) and (k) of paragraph 2.
Amendment 1488 #
2018/0216(COD)
Proposal for a regulation
Article 115 – paragraph 3 – point b
Article 115 – paragraph 3 – point b
Amendment 1492 #
2018/0216(COD)
Proposal for a regulation
Article 120 – paragraph 1
Article 120 – paragraph 1
The Commission shall adopt implementing acts on the content of the performance framework. Such acts shall include the list of context indicators, other indicators needed for the appropriate monitoring and evaluation of the policy, the methods for the calculation of indicators and the necessary provisions to guarantee accuracy and reliability of the data collected by Member States. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 139(2).
Amendment 1498 #
2018/0216(COD)
Proposal for a regulation
Article 122 – paragraph 1
Article 122 – paragraph 1
1. Member StatesThe European Commission shall organise each year an annual review meeting with the CommissionMember States, to be chaired jointly or by the Commission, which will take place not earlier than two months after the submission of the annual performance report.
Amendment 1505 #
2018/0216(COD)
Proposal for a regulation
Article 123
Article 123
Amendment 1529 #
2018/0216(COD)
Proposal for a regulation
Article 131 – paragraph 1
Article 131 – paragraph 1
1. Save as otherwise provided for in this Title, Articles 107, 108 and 109 TFEU shall not apply to Union support under this Regulation in relation to interventions falling within the scope of Article 42 TFEU.
Amendment 1530 #
2018/0216(COD)
Proposal for a regulation
Article 131 – paragraph 2
Article 131 – paragraph 2
2. Articles 107, 108 and 109 TFEU shall not apply to payments made by Member States pursuant to and in accordance with this Regulation, or to additional national financing referred to in Article 132 of this Regulation falling within the scope of Article 42 TFEUin relation to interventions falling within the scope of Article 42 TFEU, if they comply with this Regulation, are specified in the CAP strategic plan, as provided for in Article 99, and have been approved by the Commission.
Amendment 1531 #
2018/0216(COD)
Proposal for a regulation
Article 131 – paragraph 3
Article 131 – paragraph 3
3. By way of derogation from paragraph 1 and 2, Articles 107, 108 and 109 TFEU shall apply to support provided for an mixed operation falling both within and outside the scope of Article 42 TFEU, save where support for working capital is provided through a financial instrument.
Amendment 187 #
2018/0178(COD)
Proposal for a regulation
Recital 17
Recital 17
Amendment 195 #
2018/0178(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) For each environmental objective, uniform criteria for considering economic activities to be substantially contributing to that objective should be laid down. One element of the uniform criteria should be to avoid significant harm to any of the environmental objectives set out in this Regulation. This is in order to avoid that investments are considered environmentally sustainable although the economic activities benefitting from those investments cause harm to the environment to an extent outweighing their contribution to an environmental objective. The conditions for substantial contribution and for not causing significant harm should enable investments into environmentally sustainable economic activities to make a real contribution to the environmental objectives. However, the establishment of the criterion to avoid significant harm to any of the environmental objectives should not lead to the creation of a black list or brown list.
Amendment 219 #
2018/0178(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) To avoid distorting competition when raising financing for environmentally sustainable economic activities, the technical screening criteria should ensure that all relevant economic activities within a specific sector can qualify as environmentally sustainable and are treated equally if they contribute equally towards one or more of the environmental objectives laid out in this Regulation. The potential capacity to contribute towards those environmental objectives may however vary across sectors, which should be reflected in the criteria. Therefore, the screening criteria should not result in the creation of a black list or brown list. However, within each sector, those criteria should not unfairly disadvantage certain economic activities over others if the former contribute towards the environmental objectives to the same extent as the latter.
Amendment 558 #
2018/0178(COD)
Proposal for a regulation
Article 14 – paragraph 4 a (new)
Article 14 – paragraph 4 a (new)
4 a. The technical screening criteria shall not result in setting up a black list or brown list of economic activity.
Amendment 298 #
2018/0172(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
Those measures mayust include, in an initial stage, national consumption reduction targets of at least 50%, measures ensuring that reusable alternatives to those products are made available at the point of sale to the final consumer, economic instruments such as ensuring that single- use plastic products are not provided free of charge at the point of sale to the final consumer. Those measures may vary depending on the environmental impact of the products referred to in the first subparagraph.
Amendment 438 #
2018/0172(COD)
Proposal for a directive
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
Member States shall take the necessary measures to collect separately, by 2025, an amount of waste single-use plastic products listed in Part F of the Annex equal to 90% of such waste from single-use plastic products placed on the marketgenerated in a given year by weight. In order to achieve that objective Member States may inter alia:
Amendment 115 #
2018/0169(COD)
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATIONDIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on minimum requirements for water reuse (Text with EEA relevance)
Amendment 117 #
2018/0169(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The water resources of the Union are increasingly coming under pressure, leading to water scarcity and quality deterioration. In particular, climate change and droughtNumerous challenges are contributing significantly to the strain on the availability of freshwater, arising from urban development and agriculture. Climate change is particularly contributing to the extreme weather events which have uneven consequences across the EU: while southern and western European countries are facing droughts, the northern European countries have to deal with significant environment and economic damages caused by floods.
Amendment 124 #
2018/0169(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The Union’s ability to respond to the increasing pressure on water resources could be enhanced by wider reuse of treated waste water. Directive 2000/60/EC of the European Parliament and of the Council15 mentions the reuse of waterefficiency and reuse measures, inter alia, promotion of water-efficient technologies in industry and water-saving irrigation techniques as one of the supplementary measures Member States may choose to apply to achieve the Directive’s objectives of good qualitative and quantitative water status for surface waters and groundwaters. Council Directive 91/271/EEC16 requires that treated waste water be reused whenever appropriate. __________________ 15 Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1). 16 Council Directive 91/271/EEC of 21 May 1991 concerning urban waste water treatment (OJ L 135, 30.5.1991, p. 40).
Amendment 145 #
2018/0169(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Health standards in relation to food hygiene for agricultural products irrigated with reclaimed water can be achieved only if quality requirements for reclaimed water destined for agricultural irrigation do not differ significantly in Member States. Harmonisation of requirements will also contribute to the efficient functioning of the internal market in relation to such products. It is therefore appropriate to introduce minimum harmonisation by setting minimum requirements for water quality and, monitoring and key risk management tasks. Those minimum requirements should consist of minimum parameters for reclaimed water and other stricter or additional quality requirements imposed, if necessary, by competent authorities together with any relevant preventive measures. In order to identify stricter or additional requirements for water quality, the reclamation plant operators should perform key risk management tasks. The parameters are based on the technical report of the Commission Joint Research Centre and reflect the international standards on water reuse. The Joint Research Centre should develop parameters and measurement methods to identify the presence of microplastics and pharmaceutical residues in reclaimed water.
Amendment 152 #
2018/0169(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) The use of insufficiently cleaned waste water for public services (such as street cleaning or irrigation of parks and golf courses) can be harmful to health. The Commission should therefore set medium-term quality targets regarding the reuse of water for public services with a view to protecting human and animal health and the quality of groundwater and surface water.
Amendment 157 #
2018/0169(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) Member States shall ensure the necessary protection for waters used for the abstraction of drinking water, or intended for such use, from the use of reclaimed water, in order to avoid deterioration in their quality. For this purpose, Member States may establish safeguard zones for those bodies of water.
Amendment 162 #
2018/0169(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Risk management should comprise identifying and managing risks in a proactive way and incorporate the concept of producing reclaimed water of a quality required for particular usesagricultural irrigation. The risk assessment should be based on key risk management tasks and should identify any additional water quality requirements necessary to ensure sufficient protection of the environment, human and animal health.
Amendment 169 #
2018/0169(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) In order to effectively protect the environment and human health, reclamation plant operators should be primarily responsible for the quality of reclaimed water at the point of compliance. For the purposes of compliance with the minimum requirements and any additional conditions, set by the competent authority, reclamation plant operators should monitor the quality of reclaimed water. It is therefore appropriate to establish the minimum requirements for monitoring, consisting of the frequencies of the routine monitoring and the timing and performance targets for validation monitoring. Certain requirements for routine monitoring are specified in accordance with Directive 91/271/EEC.
Amendment 175 #
2018/0169(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) It is necessary to ensure the safe supply, storage and use of reclaimed water, thereby encouraging water reuse at Union level and enhancing public confidence in it. Supply and storage of reclaimed water for particular usesagricultural irrigation should therefore only be permitted on the basis of a permit, granted by competent authorities of Member States. In order to ensure harmonised approach at Union level, traceability and transparency, the substantive rules for that permit should be laid down at the Union level. However, the details of the procedures for granting permits should be determined by Member States. Member States should be able to apply existing procedures for granting permits which should be adapted to take account of the requirements introduced by this Regulation.
Amendment 177 #
2018/0169(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) Supply and storage of reclaimed water as well as its use by end-users constitute the integral part of the water reuse system. Within the process of supply and storage the reclaimed water can suffer changes that can negatively affect its chemical and biological quality. Reclaimed water intended for agricultural irrigation should be appropriately used with respect to the classes of reclaimed water, the crops characteristics and irrigation methods. Key risk management tasks should take into account the potential adverse effects on health and environmental matrices associated with the supply, storage and intended use of reclaimed water. In this respect European Commission should establish Guidance documents to assist the competent authorities to fulfil the control and monitoring of the supply, storage and use of the reclaimed water.
Amendment 200 #
2018/0169(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Competent authorities should verify compliance of the reclaimed water with the conditions set out in the permit. In cases of non-compliance, they should require the reclamation plant operator to take the necessary measures to ensure compliance. The operators of reclamation plants should immediately suspend any supply of the reclaimed water when non-compliance causes a significant risk to the environment or to human health. Competent authorities should monitor and control the supply, storage and use of the reclaimed water taking into account the relevant health and environment risk.
Amendment 206 #
2018/0169(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) It is necessary to provide for sufficient time for Member States to set up the administrative infrastructure necessary for the application of this Regulation as well as for operators to prepare for the application oftranspose this Directive as well as for actors of the water reuse system to comply with the new rules,
Amendment 215 #
2018/0169(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This RegulationDirective lays down minimum quality requirements for water quality and monitoringintended for agricultural irrigation, minimum monitoring requirements and the obligation to carry out specified key risk management tasks, for the safe reuse of treated urban wasteclaimed water in the context of integrated water management.
Amendment 224 #
2018/0169(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. The purpose of this RegulationDirective is to guarantee that reclaimed water is safe for its intended usntended for agricultural irrigation is safe, thereby ensuring a high level of protection of human and animal health and the environment, addressing water scarcity and the resulting pressure on water resources in a coordinated way throughout the Union, thus also contributing to the efficient functioning of the internal market.
Amendment 234 #
2018/0169(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
This RegulationDirective shall apply to reclaimed water destinintended for a usegricultural irrigation specified in section 1 of Annex I.
Amendment 246 #
2018/0169(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 3 a (new)
Article 3 – paragraph 1 – point 3 a (new)
3a. ‘reclaimed water storage infrastructure’ means storage reservoirs or other facilities for the temporarily- unused reclaimed water to enable its exploitation during agricultural irrigation periods and in periods where the consumption exceeds its production;
Amendment 247 #
2018/0169(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 3 b (new)
Article 3 – paragraph 1 – point 3 b (new)
3b. ‘reclaimed water supply infrastructure’ means system of dedicated pipelines and pumps or other dedicated transporting facilities to supply the reclaimed water from reclamation plant to reclaimed water storage infrastructure or to the place of use;
Amendment 278 #
2018/0169(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 11
Article 3 – paragraph 1 – point 11
11. ‘preventive measure’ means anyppropriate action or activity that can be used to prevent or eliminate a health and environmental risk, or reduce it to an acceptable level.
Amendment 300 #
2018/0169(COD)
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Reclamation plant operators shall ensure that reclaimed water destinintended for a usegricultural irrigation specified in section 1 of Annex I, shall, at the outlet of the reclamation plant (point of compliance), comply with the following:
Amendment 309 #
2018/0169(COD)
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Amendment 331 #
2018/0169(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b a (new)
Article 5 – paragraph 1 – point b a (new)
(ba) the competent health authority;
Amendment 369 #
2018/0169(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The competent authority shall decide within 36 months from the receipt of the complete application as referred to in point (a) of Article 6(3) whether to grant the permit. Where the competent authority needs more time due to the complexity of the application, it shall inform the applicant thereof, indicate the expected date of granting the permit and provide reasons for the extension.
Amendment 381 #
2018/0169(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. In the event of non-compliance with the minimum water quality requirements of Annex I, the competent authority shall require the reclamation plant operator to take any necessary measures to restore compliance without delay. The reclamation plant operator shall immediately cease any further supply of reclaimed water until the competent authority has determined that water quality requirements are being met again.
Amendment 385 #
2018/0169(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 414 #
2018/0169(COD)
Proposal for a regulation
Article 16 a (new)
Article 16 a (new)
Article 16 a Transposition 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by … [3 years after entry into force of this Directive]. 2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
Amendment 415 #
2018/0169(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
Amendment 421 #
2018/0169(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
Amendment 422 #
2018/0169(COD)
Proposal for a regulation
Article 17 a (new)
Article 17 a (new)
Article 17 a Addressees This Directive is addressed to the Member States.
Amendment 426 #
2018/0169(COD)
Proposal for a regulation
Annex I – part 2 – point 2.1 – introductory part
Annex I – part 2 – point 2.1 – introductory part
2.1. Minimum requirements applicable to reclaimed water destined to be usintended for agricultural irrigation
Amendment 451 #
2018/0169(COD)
Proposal for a regulation
Annex II – point 1
Annex II – point 1
1. Describe the water reuse system, from the waste water entering the urban waste water treatment plant to the point of use, including the sources of waste water, the treatment steps and technologies at the reclamation plant, the supply and storage infrastructure, the intended use, the place of use, and the quantities of reclaimed water to be supplied. The aim of this task is to provide a detailed description of the entire water reuse system, including a land register identifying the areas where reclaimed water is being used.
Amendment 453 #
2018/0169(COD)
Proposal for a regulation
Annex II – point 1
Annex II – point 1
1. Describe the water reuse system, from the waste water entering the urban waste water treatment plant to the pointlace of use, including the sources of waste water, the treatment steps and technologies at the reclamation plant, the supply and storage infrastructure, the intended use, the place of use, and the quantities of reclaimed water to be supplied. The aim of this task is to provide a detailed description of the entire water reuse system.
Amendment 456 #
2018/0169(COD)
Proposal for a regulation
Annex II – point 3
Annex II – point 3
3. Identify the environments, populations and individuals at risk of direct or indirect exposure to the identified potential hazards, taking into account specific environmental factors such as local hydrogeology, topology, soil type and ecology, and factors related to the type of crops and farming practices. The health risks assessment including hazard identification, dose-response, exposure assessment and risk characterisation have to be considered along the waste water reuse system. Possible irreversible or long- term negative environmental or health effects of the water reclamation operation, supply, storage and use have to be considered as well.
Amendment 470 #
2018/0169(COD)
Proposal for a regulation
Annex II – point 5 – paragraph 1 – point d a (new)
Annex II – point 5 – paragraph 1 – point d a (new)
(da) microplastics
Amendment 161 #
2018/0143(COD)
(a) From 1 January 2025 to 31 December 2029 by 150%;
Amendment 175 #
2018/0143(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) From 1 January 2030 onwards by at least 30 % subject to the 2022 review pursuant to Article 13.
Amendment 335 #
2018/0143(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. In order to ensure that the technical parameters used for the calculation of the average specific emissions of a manufacturer pursuant to Article 4 and the calculation of the specific emission targets pursuant to Article 6 take into account technical progress and the evolution of freight transport logistics, the Commission shall keep the VECTO simulation tool up to date at all times, and shall be empowered to adopt delegated acts in accordance with Article 15 to amend the following provisions set out in Annexes I and II:
Amendment 346 #
2018/0143(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
By 31 December 2022, the Commission shall submit a report to the European Parliament and the Council on the effectiveness of this Regulation, the CO2 reduction target to be determined for 2030 pursuant to Article 1 and the setting of CO2 reduction targets to other types of heavy- duty vehicles including trailers. That report shall take due account of developments in technology, and shall also include an assessment of the effectiveness of the modalities addressing, in particular, zero- and low-emission vehicles, notably buses taking into account the targets set out in Directive 2009/33/EC30, and the CO2 credit system and the appropriateness of prolonging the application of those modalities in 2030 and beyond and, where appropriate, be accompanied by a proposal for amending this Regulation. __________________ 30 Clean Vehicle Directive 2009/33/EC as amended by Directive …/…/EU
Amendment 7 #
2018/0095M(NLE)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. Whereas Singapore is the number one location for European investment in Asia, with bilateral investment stocks reaching €256 billion in 2016;
Amendment 54 #
2018/0095M(NLE)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Emphasises that the long-term objective should be the establishment of an independent international court and therefore welcomes the Council mandate for the establishment of a multilateral court for the settlement of investment disputes(MIC) and encourages the Commission to continue its efforts reaching out to third countries to establish this Court as soon as possible;
Amendment 75 #
2018/0095M(NLE)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Welcomes the agreement’s commitment by the EU and Singapore to sustainable development, workers’ rights and environmental standards. Highlights generally the importance of the Sustainable Development Chapters in free-trade agreements and consider them suitable and effective tools to promote international standards in labour and environmental protection, human rights, and good governance.
Amendment 89 #
2018/0095M(NLE)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Encourages the Commission to continue its work on making ICS more accessible to SME, particularly for SMEs and smaller companies;
Amendment 14 #
2018/0093M(NLE)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas EU-Singapore trade is worth more than €50 billion annually;
Amendment 27 #
2018/0093M(NLE)
Motion for a resolution
Recital H a (new)
Recital H a (new)
H a. whereas other major economies such as Japan, USA and China already have FTAs with Singapore in place, thus putting the European Union at a competitive disadvantage;
Amendment 31 #
2018/0093M(NLE)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the signing in Brussels, on 19 October 2018, of the FTA and calls for the swift ratification of the agreement;
Amendment 41 #
2018/0093M(NLE)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Considers the FTA with Singapore to be a hugely important step in keeping the EU at the forefront of global trade liberalisation. Amidst the current global challenges, calls on the Commission and Member States to draw from this agreement as a key example, and to actively reach out to other partners in the continued pursuit of an ambitious global trade agenda;
Amendment 47 #
2018/0093M(NLE)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses the economic and strategic importance of this agreement, as Singapore is a hub for the entire ASEAN region and as this. Considers this agreement to be an important step towards, and will set the precedent for, trade and investment agreements with other ASEAN member states. Also stresses that this agreement will avoid EU exporters being at a competitive disadvantage in respect of businesses from the other CPTPP and RCEP countries;
Amendment 51 #
2018/0093M(NLE)
Motion for a resolution
Paragraph 5
Paragraph 5
5. EmphasisWelcomes that Singapore will remove certain measures that may constitute barriers to trade such as double safety tests in cars and car parts and electronics, which will simplify the export of goods from EU businesses to Singapore;
Amendment 70 #
2018/0093M(NLE)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Welcomes the fact that around 190 EU geographical indications will be protected as of the entry into force of the agreement, with the possibility of adding more at a later stage, in view of the fact that Singapore is the fifth largest market in Asia for EU food and drink exports. Recalls that in 2016, the EU exported €2.2 billion of agri-food products to Singapore, and notes that Singapore is the fifth largest market in Asia for EU food and drink exports, offering significant opportunities to EU farmers and agri-food producers. Therefore welcomes Singapore’s commitment in this agreement to keep zero duties on agri- food products, and the putting in place of a system for certifying EU meat- producing establishments seeking to export to Singapore;
Amendment 85 #
2018/0093M(NLE)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Underlines that the agreement safeguards the EU’s right to apply its own standards to all goods and services sold in the EU and upholds the EU’s precautionary principle; highlights the importance of safeguarding high EU standards and pushing for these standards to become the norm at a global level;
Amendment 107 #
2018/0093M(NLE)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Commends the transparency and openness that was maintained by the Commission during the negotiation process, particularly by providing regular updates on progress to the European Parliament’s International Trade Committee, and the Parliament’s Monitoring Group on Singapore. Believes a good balance was found during the negotiations between providing transparency at all stages, but maintaining some levels of confidentiality where necessary to achieve a positive outcome;
Amendment 18 #
2018/0091M(NLE)
Motion for a resolution
Recital B
Recital B
B. whereas the EU-Japan Economic Partnership Agreement (EPA) has a strategic dimension and is the most important bilateral trade agreement ever concluded by the Union as it covers nearly a third of world GDP and over 600 million people;
Amendment 49 #
2018/0091M(NLE)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers this agreement to be of major strategic importance and that it represents a timely signal in support of open, fair and rules-based trade, while promoting high standards at a time of challenges to the international order; stresses that this agreement will improve productivity, accelerate GDP growth and create jobs in the EU;
Amendment 69 #
2018/0091M(NLE)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes in particular the ambitious level of tariff liberalisation (tariffs on more than 90% of the EU's exports to Japan will be eliminated at the entry into force of the EU-Japan EPA), combined with measures to safeguard the most sensitive products through duty-free quotas, reduced duties or staging periods; points out that the EU tariff on automobiles will be phased out over seven years;
Amendment 84 #
2018/0091M(NLE)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the fact that Japan will, notably, grant non-discriminatory access for EU suppliers to the procurement markets of 48 “core” cities, remove the ‘operational safety clause’, which has in practise prevented EU rail suppliers to access the Japanese market, and maximise transparency in tendering for public contracts;
Amendment 90 #
2018/0091M(NLE)
Motion for a resolution
Paragraph 6
Paragraph 6
6. WConsiders that Japan is a highly valuable export market for European farmers and food producers, and welcomes that the agreement provides significant export opportunities for EU agri-food products, such as wine, pig meat and cheese, and that it protects 205 European geographical indications;
Amendment 126 #
2018/0091M(NLE)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Highlights the fact that the agreement includes the commitment to pursue the ratification of fundamental ILO conventions; regrets that Japan has not yet ratified two ILO core conventions (on discrimination and on the abolition of forced labour) and expects, in light of commitments made in the EPA, concrete progress on the part of Japan towards the ratification of these conventions;
Amendment 140 #
2018/0091M(NLE)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Welcomes the inclusion of a review clause in the chapter on trade and sustainable development and calls on the Commission to trigger this clause as soon as possible in order to strengthen the enforceability and effectiveness of labour and environmental provisions, which should include the possibility of sanctions as a last resort;
Amendment 163 #
2018/0091M(NLE)
Motion for a resolution
Paragraph 13
Paragraph 13
13. BConsiders that the agreement will make it easier for EU firms to provide services on the highly lucrative Japanese market and believes that market access commitments in cross-border services, including e-commerce, maritime transport, postal services and telecommunications, will give a significant boost to trade in services while safeguarding the pursuit of legitimate policy objectives;
Amendment 213 #
2018/0091M(NLE)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Notes the draft Commission Implementing Decision of 5 September 2018 pursuant to Regulation 2016/679/EU on the adequate protection of personal data by Japan and notes that the agreement includes a rendezvous clause to assess the issue of cross-border transfer of data provisions within three years; calls on the Commission to fully respect the EU law on data protection and on the protection of privacy and stresses that any future outcome must be subject to the consent of Parliament;
Amendment 157 #
2012/0060(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) When assessing whether restrictive and/or discriminatory procurement measures or practices exist in a third country that could result in the impairment of access of Union goods, services or economic operators to the procurement or concession markets, the Commission should examine to what degree laws on public, rules or other measures on procurement and concessions of the country concerned ensure transparency in line with international standards in the field of public procurement, and do not result in serious and preclude any discriminaurring restrictions against Union goods, services andor economic operators. In addition, it should examine to what degree individual contracting authorities or contracting entities maintain or adopt discriminatoryrestrictive practices against Union goods, services andor economic operators.
Amendment 174 #
2012/0060(COD)
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) The determination whether an investigation is in the interest of the Union should be based on an appreciation of all the various interests taken as a whole, including the interests of the domestic industry, users and consumers. The Commission should weigh up the consequences of starting an investigation against its impact, and the potential measures that could be adopted under this Regulation, on EU’s broader interests. The general objective of opening third country markets and improving market access opportunities for EU economic operators should be given special consideration. The objective of limiting any unnecessary administrative burden for contracting authorities and contracting entities as well as economic operators should also be taken into account.
Amendment 431 #
2012/0060(COD)
Amendment 438 #
2012/0060(COD)
Proposal for a regulation
Article 9 a (new)
Article 9 a (new)