BETA

Activities of Tomas TOBÉ

Plenary speeches (63)

Statement by the candidate Commission President (debate)
2019/07/16
Presentation of the programme of activities of the Finnish Presidency of the Council (debate)
2019/07/17
Humanitarian assistance in the Mediterranean (debate)
2019/07/17
Preparation for the Climate Action Summit and the Sustainable Development Goals Summit in New York (debate)
2019/09/17
Foreign electoral interference and disinformation in national and European democratic processes (debate)
2019/09/17
Conclusions of the European Council meeting of 17 and 18 October 2019 (debate)
2019/10/22
Situation of LGBTI persons in Uganda
2019/10/24
Dossiers: 2019/2879(RSP)
On-going negotiations for a new EU-ACP Partnership Agreement (debate)
2019/11/27
Dossiers: 2019/2832(RSP)
The European Green Deal (debate)
2019/12/11
Order of business
2020/01/13
Cross-border organised crime and its impact on free movement (debate)
2020/01/13
Situation in Iran and Iraq following recent escalations (debate)
2020/01/14
European Parliament's position on the Conference on the Future of Europe (debate)
2020/01/15
Dossiers: 2019/2990(RSP)
Conclusion of the EU-Viet Nam Free Trade Agreement - Conclusion of the EU-Viet Nam Free Trade Agreement (Resolution) - EU-Viet Nam Investment Protection Agreement - EU-Viet Nam Investment Protection Agreement (Resolution) (debate)
2020/02/11
Dossiers: 2018/0356(NLE)
The new comprehensive EU-Africa strategy (debate)
2020/02/11
Dossiers: 2020/2500(RSP)
Fighting against antisemitism, racism and hatred across Europe (debate)
2020/02/11
Conclusions of the extraordinary European Council meeting of 23 April 2020 - New MFF, own resources and Recovery plan (debate)
2020/05/13
Dossiers: 2020/2631(RSP)
Preparation of the European Council meeting of 19 June 2020 - Recommendations on the negotiations for a new partnership with the United Kingdom of Great Britain and Northern Ireland (debate)
2020/06/17
Dossiers: 2020/2023(INI)
Improving development effectiveness and efficiency of aid (short presentation)
2020/11/23
Dossiers: 2019/2184(INI)
Presentation of the programme of activities of the Portuguese Presidency (debate)
2021/01/20
Conclusions of the European Council meeting of 25 and 26 March 2021 - The outcome of the high level meeting between the EU and Turkey of the 6th of April (continuation of debate)
2021/04/26
Russia, the case of Alexei Navalny, military build-up on Ukraine's border and Russian attack in the Czech Republic (debate)
2021/04/28
Dossiers: 2021/2642(RSP)
Accelerating progress and tackling inequalities towards ending AIDS as a public health threat by 2030 (debate)
2021/05/17
Dossiers: 2021/2604(RSP)
Recent deaths in the Mediterranean and search and rescue at sea (debate)
2021/05/18
2019-2020 Reports on Turkey (debate)
2021/05/18
Dossiers: 2019/2176(INI)
Presentation of the programme of activities of the Slovenian Presidency (debate)
2021/07/06
Conclusions of the European Council meeting of 24-25 June 2021 (debate)
2021/07/07
EU contribution to transforming global food systems to achieve the Sustainable Development Goals (debate)
2021/09/15
Dossiers: 2021/2750(RSP)
The situation in Belarus after one year of protests and their violent repression (continuation of debate)
2021/10/05
Dossiers: 2021/2881(RSP)
European solutions to the rise of energy prices for businesses and consumers: the role of energy efficiency and renewable energy and the need to tackle energy poverty (debate)
2021/10/06
The Rule of law crisis in Poland and the primacy of EU law (debate)
2021/10/19
The escalating humanitarian crisis on the EU-Belarusian border, in particular in Poland (debate)
2021/11/10
The EU's role in combating the COVID-19 pandemic: how to vaccinate the world (topical debate)
2021/11/24
EU-Africa relations (debate)
2022/02/15
The deterioration of the situation of refugees as a consequence of the Russian aggression against Ukraine (debate)
2022/03/08
Trans-European energy infrastructure (debate)
2022/04/05
Dossiers: 2020/0360(COD)
Situation in Afghanistan, in particular the situation of women’s rights (debate)
2022/04/05
Revision of the EU Emissions Trading System - Social Climate Fund - Carbon border adjustment mechanism - Revision of the EU Emissions Trading System for aviation - Notification under the Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA) (joint debate – Fit for 55 (part 1))
2022/06/07
Dossiers: 2021/0204(COD)
Objection pursuant to Rule 111(3): Amending the Taxonomy Climate Delegated Act and the Taxonomy Disclosures Delegated Act (debate)
2022/07/05
Dossiers: 2021/2245(INI)
Objection pursuant to Rule 111(3): Amending the Taxonomy Climate Delegated Act and the Taxonomy Disclosures Delegated Act (debate)
2022/07/05
Dossiers: 2021/2245(INI)
The Post-Cotonou Agreement (debate)
2022/07/06
EU response to the increase in energy prices in Europe (debate)
2022/09/13
Humanitarian situation after the devastating floods in Pakistan and the climate crisis (debate)
2022/10/05
Whitewashing of the anti-European extreme right in the EU (topical debate)
2022/10/19
The need for a European solution on asylum and migration including search and rescue (debate)
2022/11/23
The future European Financial Architecture for Development (debate)
2022/11/23
Dossiers: 2021/2252(INI)
Presentation of the programme of activities of the Swedish Presidency (debate)
2023/01/17
The Global Gateway Initiative (debate)
2023/01/19
Preparation of the Special European Council meeting of February, in particular the need to develop sustainable solutions in the area of asylum and migration (debate)
2023/02/01
A Green Deal Industrial Plan for the Net-Zero Age (continuation of debate)
2023/02/15
EUCO conclusions: the need for the speedy finalisation of the Road Map (debate)
2023/02/15
Combating organised crime in the EU (debate)
2023/03/15
Energy storage (debate)
2023/04/18
EU Global Health Strategy (debate)
2023/04/19
Universal decriminalization of homosexuality, in light of recent developments in Uganda (debate)
2023/04/19
Decision to enter into interinstitutional negotiations: Asylum and migration management (A9-0152/2023 - Tomas Tobé) (vote)
2023/04/20
Dossiers: 2020/0279(COD)
Preparation of the European Council meeting of 29-30 June 2023, in particular in the light of recent steps towards concluding the Migration Pact (debate)
2023/06/14
Implementation and delivery of the Sustainable Development Goals (debate)
2023/06/14
Dossiers: 2023/2010(INI)
European Defence Industry Reinforcement through common Procurement Act (EDIRPA) (debate)
2023/09/11
Dossiers: 2022/0219(COD)
Need for a speedy adoption of the asylum and migration package (debate)
2023/10/04
Statement by the President
2023/10/17
Question Time with Commissioners - European measures to prevent and to fight the rise of organised crime
2023/10/17
The despicable terrorist attacks by Hamas against Israel, Israel’s right to defend itself in line with humanitarian and international law and the humanitarian situation in Gaza (debate)
2023/10/18

Reports (5)

REPORT on the proposal for a Council decision amending Council Decision 2013/755/EU of 25 November 2013 on the association of the overseas countries and territories with the European Union ('Overseas Association Decision')
2019/11/18
Committee: DEVE
Dossiers: 2019/0162(CNS)
Documents: PDF(159 KB) DOC(47 KB)
Authors: [{'name': 'Tomas TOBÉ', 'mepid': 197402}]
REPORT on improving development effectiveness and the efficiency of aid
2020/11/09
Committee: DEVE
Dossiers: 2019/2184(INI)
Documents: PDF(180 KB) DOC(81 KB)
Authors: [{'name': 'Tomas TOBÉ', 'mepid': 197402}]
REPORT on the draft Council decision on the Association of the Overseas Countries and Territories with the European Union including relations between the European Union on the one hand, and Greenland and the Kingdom of Denmark on the other (Decision on the Overseas Association, including Greenland)
2021/07/21
Committee: DEVE
Dossiers: 2018/0244(CNS)
Documents: PDF(171 KB) DOC(49 KB)
Authors: [{'name': 'Tomas TOBÉ', 'mepid': 197402}]
REPORT on the proposal for a regulation of the European Parliament and of the Council on asylum and migration management and amending Council Directive (EC) 2003/109 and the proposed Regulation (EU) XXX/XXX [Asylum and Migration Fund]
2023/04/14
Committee: LIBE
Dossiers: 2020/0279(COD)
Documents: PDF(640 KB) DOC(290 KB)
Authors: [{'name': 'Tomas TOBÉ', 'mepid': 197402}]
REPORT on the implementation of the Neighbourhood, Development and International Cooperation Instrument – Global Europe
2023/11/23
Committee: AFETDEVE
Dossiers: 2023/2029(INI)
Documents: PDF(253 KB) DOC(108 KB)
Authors: [{'name': 'Michael GAHLER', 'mepid': 2341}, {'name': 'Pedro MARQUES', 'mepid': 197634}, {'name': 'Charles GOERENS', 'mepid': 840}, {'name': 'Tomas TOBÉ', 'mepid': 197402}]

Shadow reports (2)

REPORT on the proposal for a regulation of the European Parliament and of the Council on the European Union Agency for Asylum and repealing Regulation (EU) No 439/2010
2016/12/21
Committee: LIBE
Dossiers: 2016/0131(COD)
Documents: PDF(532 KB) DOC(238 KB)
Authors: [{'name': 'Elena YONCHEVA', 'mepid': 197842}]
REPORT on the implementation of the Dublin III Regulation
2020/12/08
Committee: LIBE
Dossiers: 2019/2206(INI)
Documents: PDF(256 KB) DOC(90 KB)
Authors: [{'name': 'Fabienne KELLER', 'mepid': 22858}]

Opinions (14)

OPINION on the draft Council decision on the conclusion, on behalf of the Union, of the Investment Protection Agreement between the European Union and its Member States, of the one part, and the Socialist Republic of Viet Nam, of the other part
2019/12/03
Committee: DEVE
Dossiers: 2018/0358(NLE)
Documents: PDF(128 KB) DOC(47 KB)
Authors: [{'name': 'Tomas TOBÉ', 'mepid': 197402}]
OPINION on the draft Council decision on the conclusion of the Free Trade Agreement between the European Union and the Socialist Republic of Viet Nam
2019/12/03
Committee: DEVE
Dossiers: 2018/0356(NLE)
Documents: PDF(129 KB) DOC(47 KB)
Authors: [{'name': 'Tomas TOBÉ', 'mepid': 197402}]
OPINION on the draft Council decision on the conclusion, on behalf of the Union, of the Investment Protection Agreement between the European Union and its Member States, of the one part, and the Socialist Republic of Vietnam, of the other part
2019/12/03
Committee: DEVE
Dossiers: 2018/0358M(NLE)
Documents: PDF(128 KB) DOC(67 KB)
Authors: [{'name': 'Tomas TOBÉ', 'mepid': 197402}]
OPINION on the draft Council decision on the conclusion of the Free Trade Agreement between the European Union and the Socialist Republic of Viet Nam
2019/12/03
Committee: DEVE
Dossiers: 2018/0356M(NLE)
Documents: PDF(132 KB) DOC(70 KB)
Authors: [{'name': 'Tomas TOBÉ', 'mepid': 197402}]
OPINION on the draft Council decision on the accession of Solomon Islands to the Interim Partnership Agreement between the European Community, of the one part, and the Pacific States, of the other part
2019/12/03
Committee: DEVE
Dossiers: 2019/0099(NLE)
Documents: PDF(124 KB) DOC(45 KB)
Authors: [{'name': 'Tomas TOBÉ', 'mepid': 197402}]
Opinion on Guidelines for the 2021 Budget - Section III
2020/04/21
Committee: DEVE
Dossiers: 2019/2213(BUD)
Documents: PDF(119 KB) DOC(61 KB)
Authors: [{'name': 'Tomas TOBÉ', 'mepid': 197402}]
Opinion on Recommendations on the negotiations for a new partnership with the United Kingdom of Great Britain and Northern Ireland
2020/04/24
Committee: DEVE
Dossiers: 2020/2023(INI)
Documents: PDF(97 KB) DOC(61 KB)
Authors: [{'name': 'Tomas TOBÉ', 'mepid': 197402}]
Opinion on the sustainable Fisheries Partnership Agreement and its Implementing Protocol (2020-2026) between the European Union and the Republic of Seychelles
2020/05/26
Committee: DEVE
Dossiers: 2020/0002(NLE)
Documents: PDF(97 KB) DOC(61 KB)
Authors: [{'name': 'Tomas TOBÉ', 'mepid': 197402}]
Opinion on EU-African security cooperation in the Sahel region, West Africa and the Horn of Africa
2020/06/02
Committee: DEVE
Dossiers: 2020/2002(INI)
Documents: PDF(97 KB) DOC(64 KB)
Authors: [{'name': 'Tomas TOBÉ', 'mepid': 197402}]
Opinion on the Sustainable Fisheries Partnership Agreement and its Implementing Protocol (2020-2026) between the European Union and the Republic of Seychelles
2020/10/08
Committee: DEVE
Dossiers: 2020/0002(NLE)
Documents: PDF(88 KB) DOC(58 KB)
Authors: [{'name': 'Tomas TOBÉ', 'mepid': 197402}]
OPINION on the future of EU-Africa trade relations
2022/04/23
Committee: DEVE
Dossiers: 2021/2178(INI)
Documents: PDF(145 KB) DOC(52 KB)
Authors: [{'name': 'Tomas TOBÉ', 'mepid': 197402}]
OPINION on the proposal for a regulation of the European Parliament and of the Council laying down measures for a high common level of cybersecurity at the institutions, bodies, offices and agencies of the Union
2023/03/01
Committee: LIBE
Dossiers: 2022/0085(COD)
Documents: PDF(197 KB) DOC(169 KB)
Authors: [{'name': 'Tomas TOBÉ', 'mepid': 197402}]
OPINION on the proposal for a directive of the European Parliament and of the Council amending Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) and Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste
2023/03/29
Committee: ITRE
Dossiers: 2022/0104(COD)
Documents: PDF(198 KB) DOC(168 KB)
Authors: [{'name': 'Tomas TOBÉ', 'mepid': 197402}]
OPINION on the proposal for a Council Decision on the conclusion, on behalf of the European Union, of the Economic Partnership Agreement between the Republic of Kenya, Member of the East African Community of the one part, and the European Union of the other Part
2023/12/08
Committee: DEVE
Dossiers: 2023/0338(NLE)
Documents: PDF(129 KB) DOC(48 KB)
Authors: [{'name': 'Tomas TOBÉ', 'mepid': 197402}]

Shadow opinions (4)

OPINION towards a WTO-compatible EU carbon border adjustment mechanism
2020/12/17
Committee: ITRE
Dossiers: 2020/2043(INI)
Documents: PDF(164 KB) DOC(76 KB)
Authors: [{'name': 'Jens GEIER', 'mepid': 96833}]
OPINION Legal migration policy and law
2021/10/15
Committee: DEVE
Dossiers: 2020/2255(INL)
Documents: PDF(141 KB) DOC(53 KB)
Authors: [{'name': 'Pierrette HERZBERGER-FOFANA', 'mepid': 197459}]
OPINION on the proposal for a regulation of the European Parliament and of the Council establishing a carbon border adjustment mechanism
2022/04/21
Committee: ITRE
Dossiers: 2021/0214(COD)
Documents: PDF(293 KB) DOC(182 KB)
Authors: [{'name': 'Izabela-Helena KLOC', 'mepid': 197520}]
OPINION on the draft general budget of the European Union for the financial year 2024
2023/09/20
Committee: DEVE
Dossiers: 2023/0264(BUD)
Documents: PDF(132 KB) DOC(65 KB)
Authors: [{'name': 'Ilan DE BASSO', 'mepid': 228604}]

Institutional motions (49)

MOTION FOR A RESOLUTION on foreign electoral interference and disinformation in national and European democratic processes
2019/10/02
Dossiers: 2019/2810(RSP)
Documents: PDF(154 KB) DOC(55 KB)
MOTION FOR A RESOLUTION On The situation of LGBTI people in Uganda
2019/10/21
Dossiers: 2019/2879(RSP)
Documents: PDF(148 KB) DOC(45 KB)
JOINT MOTION FOR A RESOLUTION on the situation of LGBTI people in Uganda
2019/10/23
Dossiers: 2019/2879(RSP)
Documents: PDF(159 KB) DOC(51 KB)
MOTION FOR A RESOLUTION on the ongoing negotiations for a new Partnership Agreement between the European Union and the African, Caribbean and Pacific Group of States
2019/11/18
Committee: DEVE
Dossiers: 2019/2832(RSP)
Documents: PDF(149 KB) DOC(49 KB)
MOTION FOR A RESOLUTION on Haiti
2019/11/25
Dossiers: 2019/2928(RSP)
Documents: PDF(151 KB) DOC(46 KB)
MOTION FOR A RESOLUTION on Cuba, the case of José Daniel Ferrer
2019/11/25
Dossiers: 2019/2929(RSP)
Documents: PDF(145 KB) DOC(45 KB)
MOTION FOR A RESOLUTION on Situation of freedoms in Algeria
2019/11/25
Dossiers: 2019/2927(RSP)
Documents: PDF(169 KB) DOC(50 KB)
JOINT MOTION FOR A RESOLUTION on Haiti
2019/11/27
Dossiers: 2019/2928(RSP)
Documents: PDF(161 KB) DOC(53 KB)
JOINT MOTION FOR A RESOLUTION on Cuba, the case of José Daniel Ferrer
2019/11/27
Dossiers: 2019/2929(RSP)
Documents: PDF(154 KB) DOC(52 KB)
JOINT MOTION FOR A RESOLUTION on the situation of freedoms in Algeria
2019/11/27
Dossiers: 2019/2927(RSP)
Documents: PDF(175 KB) DOC(55 KB)
MOTION FOR A RESOLUTION on violations of human rights including religious freedom in Burkina Faso
2019/12/16
Dossiers: 2019/2980(RSP)
Documents: PDF(189 KB) DOC(49 KB)
MOTION FOR A RESOLUTION on The Russian "Foreign Agents" Law
2019/12/16
Dossiers: 2019/2982(RSP)
Documents: PDF(150 KB) DOC(45 KB)
MOTION FOR A RESOLUTION on Afghanistan, notably the allegations of sexual abuse of boys in the Logar Province
2019/12/16
Dossiers: 2019/2981(RSP)
Documents: PDF(141 KB) DOC(44 KB)
JOINT MOTION FOR A RESOLUTION on violations of human rights including religious freedoms in Burkina Faso
2019/12/18
Dossiers: 2019/2980(RSP)
Documents: PDF(191 KB) DOC(57 KB)
JOINT MOTION FOR A RESOLUTION on the Russian ‘foreign agents’ law
2019/12/18
Dossiers: 2019/2982(RSP)
Documents: PDF(158 KB) DOC(50 KB)
JOINT MOTION FOR A RESOLUTION on Afghanistan, notably the allegations of sexual abuse of boys in the Logar Province
2019/12/18
Dossiers: 2019/2981(RSP)
Documents: PDF(154 KB) DOC(52 KB)
MOTION FOR A RESOLUTION on Guinea Conakry, notably violence towards protesters
2020/02/10
Dossiers: 2020/2551(RSP)
Documents: PDF(152 KB) DOC(46 KB)
MOTION FOR A RESOLUTION on Child labour in mines in Madagascar
2020/02/10
Dossiers: 2020/2552(RSP)
Documents: PDF(151 KB) DOC(45 KB)
JOINT MOTION FOR A RESOLUTION on the Republic of Guinea, notably violence towards protestors
2020/02/12
Dossiers: 2020/2551(RSP)
Documents: PDF(162 KB) DOC(54 KB)
JOINT MOTION FOR A RESOLUTION on child labour in mines in Madagascar
2020/02/12
Dossiers: 2020/2552(RSP)
Documents: PDF(178 KB) DOC(61 KB)
MOTION FOR A RESOLUTION on the 25th anniversary of the International Conference on Population and Development (ICPD25) (Nairobi Summit)
2020/03/05
Committee: DEVEFEMM
Documents: PDF(185 KB) DOC(63 KB)
MOTION FOR A RESOLUTION The continuous violations of human rights in Belarus, in particular the murder of Raman Bandarenka
2020/11/23
Dossiers: 2020/2882(RSP)
Documents: PDF(156 KB) DOC(47 KB)
MOTION FOR A RESOLUTION on Iran, in particular the case of 2012 Sakharov Prize laureate Nasrin Sotoudeh
2020/12/14
Dossiers: 2020/2914(RSP)
Documents: PDF(147 KB) DOC(46 KB)
MOTION FOR A RESOLUTION on the deteriorating situation of human rights in Egypt, in particular the case of the activists of the Egyptian Initiative for Personal Rights (EIPR)
2020/12/14
Dossiers: 2020/2912(RSP)
Documents: PDF(147 KB) DOC(45 KB)
MOTION FOR A RESOLUTION on forced labour and the situation of the Uyghurs in the Xinjiang Uyghur Autonomous Region
2020/12/14
Dossiers: 2020/2913(RSP)
Documents: PDF(159 KB) DOC(49 KB)
MOTION FOR A RESOLUTION on the crackdown on the democratic opposition in Hong Kong
2021/01/18
Dossiers: 2021/2505(RSP)
Documents: PDF(168 KB) DOC(49 KB)
MOTION FOR A RESOLUTION on Human rights situation in Turkey, notably the case of Selahattin Demirtas and other prisoners of conscience
2021/01/18
Dossiers: 2021/2506(RSP)
Documents: PDF(156 KB) DOC(46 KB)
MOTION FOR A RESOLUTION on Human rights situation in Vietnam, in particular the case of human rights journalists Pham Chi Dung, Nguyen Tuong Thuy et Le Huu Minh Tuan
2021/01/18
Dossiers: 2021/2507(RSP)
Documents: PDF(156 KB) DOC(45 KB)
MOTION FOR A RESOLUTION on Human rights situation in Kazakhstan
2021/02/08
Dossiers: 2021/2544(RSP)
Documents: PDF(154 KB) DOC(48 KB)
MOTION FOR A RESOLUTION on Political situation in Uganda
2021/02/08
Dossiers: 2021/2545(RSP)
Documents: PDF(156 KB) DOC(46 KB)
MOTION FOR A RESOLUTION on Rwanda, the case of Paul Rusesabagina
2021/02/08
Dossiers: 2021/2543(RSP)
Documents: PDF(164 KB) DOC(48 KB)
JOINT MOTION FOR A RESOLUTION on the human rights situation in Kazakhstan
2021/02/10
Dossiers: 2021/2544(RSP)
Documents: PDF(177 KB) DOC(57 KB)
JOINT MOTION FOR A RESOLUTION on the political situation in Uganda
2021/02/10
Dossiers: 2021/2545(RSP)
Documents: PDF(165 KB) DOC(53 KB)
JOINT MOTION FOR A RESOLUTION on Rwanda, the case of Paul Rusesabagina
2021/02/10
Dossiers: 2021/2543(RSP)
Documents: PDF(157 KB) DOC(53 KB)
MOTION FOR A RESOLUTION on Situation in Eastern Democratic Republic of Congo and the assassination of the Italian Ambassador Luca Attanasio and his entourage
2021/03/08
Dossiers: 2021/2577(RSP)
Documents: PDF(149 KB) DOC(47 KB)
MOTION FOR A RESOLUTION on the human rights situation in the Kingdom of Bahrain, in particular the cases of death row inmates and human rights defenders
2021/03/08
Dossiers: 2021/2578(RSP)
Documents: PDF(144 KB) DOC(43 KB)
MOTION FOR A RESOLUTION on the mass trials against opposition and civil society in Cambodia
2021/03/08
Dossiers: 2021/2579(RSP)
Documents: PDF(147 KB) DOC(43 KB)
JOINT MOTION FOR A RESOLUTION on the human rights situation in the Kingdom of Bahrain, in particular the cases of death row inmates and human rights defenders
2021/03/10
Dossiers: 2021/2578(RSP)
Documents: PDF(169 KB) DOC(54 KB)
JOINT MOTION FOR A RESOLUTION on the mass trials against the opposition and civil society in Cambodia
2021/03/10
Dossiers: 2021/2579(RSP)
Documents: PDF(160 KB) DOC(54 KB)
JOINT MOTION FOR A RESOLUTION on the situation in Eastern Democratic Republic of Congo and the assassination of the Italian Ambassador Luca Attanasio and his entourage
2021/03/10
Dossiers: 2021/2577(RSP)
Documents: PDF(163 KB) DOC(57 KB)
MOTION FOR A RESOLUTION on accelerating progress and tackling inequalities towards ending AIDS as a public health threat by 2030
2021/05/06
Committee: DEVE
Dossiers: 2021/2604(RSP)
Documents: PDF(146 KB) DOC(52 KB)
MOTION FOR A RESOLUTION on meeting the global COVID-19 challenge: effects of the waiver of the WTO TRIPS Agreement on COVID-19 vaccines, treatment, equipment and increasing production and manufacturing capacity in developing countries
2021/06/02
Dossiers: 2021/2692(RSP)
Documents: PDF(138 KB) DOC(46 KB)
MOTION FOR A RESOLUTION on the 25th anniversary of the International Conference on Population and Development (ICPD25) (Nairobi Summit)
2021/06/16
Committee: DEVEFEMM
Dossiers: 2019/2850(RSP)
Documents: PDF(186 KB) DOC(60 KB)
MOTION FOR A RESOLUTION on the rule of law crisis in Poland and the primacy of EU law
2021/10/19
Dossiers: 2021/2935(RSP)
Documents: PDF(167 KB) DOC(52 KB)
on the Russian aggression against Ukraine
2022/02/28
Dossiers: 2022/2564(RSP)
Documents: PDF(169 KB) DOC(55 KB)
MOTION FOR A RESOLUTION on the universal decriminalisation of homosexuality in the light of recent developments in Uganda
2023/04/18
Dossiers: 2023/2643(RSP)
Documents: PDF(149 KB) DOC(48 KB)
JOINT MOTION FOR A RESOLUTION on the universal decriminalisation of homosexuality in the light of recent developments in Uganda
2023/04/19
Documents: PDF(185 KB) DOC(55 KB)
MOTION FOR A RESOLUTION on the Commission delegated regulation of 31 July 2023 supplementing Directive 2013/34/EU of the European Parliament and of the Council as regards sustainability reporting standards
2023/10/11
Dossiers: 2023/2816(DEA)
Documents: PDF(142 KB) DOC(45 KB)
MOTION FOR A RESOLUTION on the Commission delegated directive of 17 October 2023 amending Directive 2013/34/EU of the European Parliament and of the Council as regards the adjustments of the size criteria for micro, small, medium-sized and large undertakings or groups
2023/12/06
Dossiers: 2023/2922(DEA)
Documents: PDF(142 KB) DOC(65 KB)

Oral questions (10)

Ongoing negotiations for a new Partnership Agreement between the EU and the ACP Group of States
2019/11/13
Documents: PDF(40 KB) DOC(10 KB)
Ongoing negotiations for a new Partnership Agreement between the EU and the ACP Group of States
2019/11/13
Documents: PDF(40 KB) DOC(9 KB)
The new comprehensive EU-Africa strategy
2020/01/23
Documents: PDF(39 KB) DOC(10 KB)
The 25th anniversary of the International Conference on Population and Development (ICPD25) – Nairobi Summit
2020/02/07
Documents: PDF(42 KB) DOC(10 KB)
The 25th anniversary of the International Conference on Population and Development (ICPD25) – Nairobi Summit
2020/02/07
Documents: PDF(43 KB) DOC(10 KB)
The 25th anniversary of the International Conference on Population and Development (ICPD25) - Nairobi Summit
2021/03/22
Documents: PDF(41 KB) DOC(10 KB)
The 25th anniversary of the International Conference on Population and Development (ICPD25) - Nairobi Summit
2021/03/22
Documents: PDF(42 KB) DOC(10 KB)
Accelerating progress and tackling inequalities towards ending AIDS as a public health threat by 2030
2021/04/14
Documents: PDF(40 KB) DOC(9 KB)
EU contribution to transforming global food systems to achieve the Sustainable Development Goals
2021/06/14
Documents: PDF(44 KB) DOC(10 KB)
Implementation of Regulation (EU) 2017/745 on medical devices
2022/04/22
Documents: PDF(51 KB) DOC(10 KB)

Written explanations (10)

Consumer protection in online video games: a European Single Market approach (A9-0300/2022 - Adriana Maldonado López)

Moderaterna anser det viktigt att ge förutsättningar för spelindustrin att fortsätta att växa och utvecklas, utan nya byråkratiska krav. Det är också viktigt att konsumenterna får ett tydligt skydd i dataspelsmiljön, vilket främst bör uppnås genom att nuvarande regler bättre efterlevs. Då betänkandet inte fullt reflekterar detta valde Moderaterna att avstå i slutvoteringen.
2023/01/18
Mobilisation of the European Globalisation Adjustment Fund – application EGF/2022/002 BE/TNT - Belgium (A9-0043/2023 - Olivier Chastel)

Globaliseringsfonden finns till för att stödja arbetstagare som blivit arbetslösa. Moderaterna anser dock att den här typen av stödåtgärder borde skötas nationellt, och motsätter sig därför fonden som sådan. Däremot kommer vi inte att ta strid för enskilda utbetalningar så länge som fonden existerar.
2023/03/14
Mobilisation of the European Globalisation Adjustment Fund: application EGF/2022/003 ES/Alu Ibérica - Spain (A9-0154/2023 - Eider Gardiazabal Rubial)

Globaliseringsfonden finns till för att stödja arbetstagare som blivit arbetslösa. Moderaterna anser dock att den här typen av stödåtgärder borde skötas nationellt, och motsätter sig därför fonden som sådan. Däremot kommer vi inte att ta strid för enskilda utbetalningar så länge fonden existerar.
2023/05/09
Implementation of the Audiovisual Media Services Directive (A9-0139/2023 - Petra Kammerevert)

Moderaterna anser att gällande lagstiftning ska implementeras korrekt, vilket är syftet med detta betänkande. Därför valde vi att rösta för betänkandet. Vi är däremot fortsatt kritiska till delar av direktivet, bland annat kravet på kvoter för europeisk produktion.
2023/05/09
Corporate Sustainability Due Diligence (A9-0184/2023 - Lara Wolters)

Tillbörlig aktsamhet vad gäller mänskliga rättigheter och miljö är viktigt, som ett verktyg för att säkerställa dugliga arbetsförhållanden och låg miljöpåverkan. I dag görs detta redan frivilligt av flera stora företag. Det är bra. I detta förslag ställs det dock mycket långtgående och krångliga rapporteringskrav på företag, och kravet om att dokumentera hela värdekedjan kommer att få konsekvenser även för mindre företag i Europa, som saknar förutsättningar att leva upp till denna typ av långtgående regelverk. Förslaget innehåller också skrivningar om företagsstyrning som vi inte ställer oss bakom. Moderaterna försökte därför förändra texten för att uppnå en bättre avvägning mellan ansvar och ansvarsbörda och för att värna europeisk konkurrenskraft; dessa antogs inte i delvoteringarna. I slutomröstningen valde vi därför att rösta nej till förslaget.
2023/06/01
Mobilisation of the European Globalisation Adjustment Fund: application EGF/2023/000 TA 2023 – Technical assistance at the initiative of the Commission (A9-0195/2023 - Monika Vana)

Moderaterna motsätter sig globaliseringsfonden som sådan. Däremot kommer vi inte att ta strid mot enskilda utbetalningar eller andra implementeringsåtgärder så länge som fonden existerar.
2023/06/01
Draft amending budget No 2/2023: Entering the surplus of the financial year 2022 (A9-0225/2023 - Fabienne Keller)

Moderaterna röstade för ändringsbudget 2 som avser en teknisk justering gällande överföring av överskottet för budgeten 2022 till 2023. Det innebär bland annat att den svenska EU-avgiften för 2023 sänks. Moderaterna välkomnar en reducerad EU-avgift och röstade för betänkandet i sin helhet. Vi vill med denna röstförklaring samtidigt markera emot skrivningar som anser att medlemsländernas rabatter och andra korrigeringsmekanismer bör avskaffas. Moderaterna menar att dessa är viktiga i syfte att hålla ner den svenska EU-avgiften och värna skattebetalarnas pengar.
2023/07/11
Mobilisation of the European Globalisation Adjustment Fund: application EGF/2023/001 BE/LNSA - Belgium (A9-0228/2023 - Eleni Stavrou)

Globaliseringsfonden finns till för att stödja arbetstagare som blivit arbetslösa. Moderaterna anser dock att den här typen av stödåtgärder borde skötas nationellt, och motsätter sig därför fonden som sådan. Däremot kommer vi inte att ta strid mot enskilda utbetalningar så länge fonden existerar.
2023/07/11
Framework for ensuring a secure and sustainable supply of critical raw materials (A9-0260/2023 - Nicola Beer)

Moderaterna anser att akten om kritiska råvaror har möjlighet att förbättra den europeiska konkurrenskraften och tillgodose Europa med de kritiska råvaror som behövs för den gröna omställningen. Moderaterna ställer sig särskilt positiva till förslagets fokus på förenklade tillståndsförfaranden och minskat administrativt arbete för etablering av strategiska projekt i unionen. Lagstiftningen är viktig för Sverige, eftersom stora andelar av Europas fyndigheter finns i Sverige. Moderaterna anser att förslaget på bordet var balanserat eftersom behovet av kritiska råvaror vägdes mot både miljömässiga och sociala krav för etablering av strategiska projekt. Vi ser det som mycket problematiskt att ändringsförslag som uttrycker att principen om fritt och informerat förhandssamtycke, en form av veto, ska vara praxis vid bedömningen för erkännande av strategiska projekt. Samtidigt menar vi att denna lagstiftning är avgörande för EU:s samlade konkurrenskraft och valde därför att rösta för betänkandet.
2023/09/14
Mobilisation of the European Globalisation Adjustment Fund – application EGF/2023/002 BE/Makro - Belgium (A9-0351/2023 - Petri Sarvamaa)

Globaliseringsfonden finns till för att stödja arbetstagare som blivit arbetslösa. Moderaterna anser dock att den här typen av stödåtgärder borde skötas nationellt, och motsätter sig därför fonden som sådan. Däremot kommer vi inte att ta strid mot enskilda utbetalningar så länge fonden existerar.
2023/11/22

Written questions (25)

Organised property crime
2019/12/05
Documents: PDF(37 KB) DOC(9 KB)
Harmonised legislation on organised crime
2020/01/27
Documents: PDF(37 KB) DOC(9 KB)
Global ban on animal markets that present risks of the spread of infectious diseases
2020/04/16
Documents: PDF(39 KB) DOC(9 KB)
Cormorant hunting
2020/06/23
Documents: PDF(37 KB) DOC(9 KB)
Iron ore pellets in the EU Emissions Trading System
2020/07/13
Documents: PDF(41 KB) DOC(9 KB)
EncroChat
2020/11/05
Documents: PDF(38 KB) DOC(9 KB)
Hydroelectic power requirements in the draft delegated act related to the Taxonomy Regulation
2020/12/10
Documents: PDF(42 KB) DOC(9 KB)
Need for urgent action – Dr Djalali
2020/12/15
Documents: PDF(46 KB) DOC(10 KB)
Vaccination for COVID‑19
2021/02/10
Documents: PDF(41 KB) DOC(9 KB)
Conflicting objectives in the EU return policy and national legislation on asylum and migration
2021/04/29
Documents: PDF(41 KB) DOC(10 KB)
Control of the EU’s external border
2021/05/20
Documents: PDF(42 KB) DOC(9 KB)
Data collection on antisemitic incidents
2021/05/27
Documents: PDF(39 KB) DOC(9 KB)
EU funding to the Union of Agricultural Work Committees (UAWC)
2022/01/25
Documents: PDF(47 KB) DOC(10 KB)
Support from European Union agencies for the management of refugees fleeing as a consequence of the Russian war in Ukraine
2022/03/28
Documents: PDF(50 KB) DOC(11 KB)
IPCEI for small modular reactors
2022/04/19
Documents: PDF(36 KB) DOC(9 KB)
Forced deportations of Ukrainian citizens
2022/04/28
Documents: PDF(59 KB) DOC(11 KB)
Sanctions on the Islamic Revolutionary Guard Corps Leadership
2022/05/18
Documents: PDF(42 KB) DOC(9 KB)
Consequences of Iraq’s recently adopted anti-Israeli legislation
2022/06/01
Documents: PDF(37 KB) DOC(9 KB)
The Scheval file and the Commission’s ability to carry out unannounced inspections
2022/06/15
Documents: PDF(43 KB) DOC(9 KB)
Access to EU funding for LGBTI organisations in Ukraine in the context of Russia’s invasion
2022/07/01
Documents: PDF(48 KB) DOC(10 KB)
Change in EU policy towards Iran
2022/09/28
Documents: PDF(41 KB) DOC(9 KB)
Aid effectiveness progress report
2022/11/28
Documents: PDF(38 KB) DOC(9 KB)
Illegal Chinese police stations in Europe
2022/11/28
Documents: PDF(38 KB) DOC(10 KB)
Response to Uganda’s recently adopted anti-LGBTI+ legislation
2023/03/29
Documents: PDF(40 KB) DOC(9 KB)
Humanitarian demining assistance for Ukraine in the context of the global food crisis
2023/04/19
Documents: PDF(38 KB) DOC(9 KB)

Amendments (1734)

Amendment 23 #

2023/2123(INI)

Motion for a resolution
Recital F
F. whereas a market for renewable and fossil-free hydrogen remains to be built and will require appropriate customer protection and significant investments; notes, however, that investments in hydrogen technology should not hinder investments in other fossil-free energy technologies;
2023/07/20
Committee: ITRE
Amendment 34 #

2023/2123(INI)

Motion for a resolution
Paragraph 1 a (new)
1a. Emphasises the need of technology neutral legislation, which enables a fast roll-out of all fossil-free energy technologies, and to attract investment in the Union; sees with concern the Commission's strong will to invest large funds in technologies that are not yet market ready; strongly encourages the Commission to apply the rule of technology neutrality in all future legislation;
2023/07/20
Committee: ITRE
Amendment 42 #

2023/2123(INI)

Motion for a resolution
Paragraph 2
2. Recalls that the only sustainable forms of hydrogen isare renewable and fossil-free hydrogen; notes that electrolysers account for less than 4 % of total hydrogen production in the EU; notes that low-carbon hydrogen could play a rolehas a role to play during the transition to a net-zero economy;
2023/07/20
Committee: ITRE
Amendment 50 #

2023/2123(INI)

Motion for a resolution
Paragraph 3
3. Considers that, to secure the EU’s industrial sovereignty in a context of open strategic autonomycompetitiveness, the EHB should strongly prioritise ramping up domestic production as well as evaluate the possibilities of enhanced cooperation and trade with partners outside the Union;
2023/07/20
Committee: ITRE
Amendment 69 #

2023/2123(INI)

Motion for a resolution
Paragraph 6
6. Welcomes the Commission’s decision to launch a first pilot auction to support renewable hydrogen; takes note of the budget of EUR 800 million over 10 years; takes note that the Commission focuses on renewable hydrogen; emphasises the need to broaden the scope to also include fossil-free hydrogen;
2023/07/20
Committee: ITRE
Amendment 103 #

2023/2123(INI)

Motion for a resolution
Paragraph 11
11. Recognises the urgent need to scale up the production of electrolysers in the EU; proposes differentiating between operating and capital expenditure; considers that potential support for capital expenditure on low-carbon hydrogen should only be directed towards investments that can contribute to the production of renewable hydrogen at a later stage, in particular the purchase of electrolysers, and should not cover operating expenditure on low-carbon hydrogen;deleted
2023/07/20
Committee: ITRE
Amendment 131 #

2023/2123(INI)

Motion for a resolution
Paragraph 15
15. Notes that, despite an increase in the domestic production of renewable and fossil-free hydrogen, growing demand would require imports from non-EU countries; stresses the need for partnerships and agreements with partners outside the Union;
2023/07/20
Committee: ITRE
Amendment 160 #

2023/2123(INI)

Motion for a resolution
Paragraph 19
19. Takes note of the budget of EUR 3 billion for the EHB that was announced in the 2022 State of the Union address; calls on the Commission to increase this budget;
2023/07/20
Committee: ITRE
Amendment 173 #

2023/2123(INI)

Motion for a resolution
Paragraph 21
21. Expresses concerns about the overall budget of the EHB compared to the subsidies given by economic partners and competitors, in particular China and the USA; encourages the Commission to expand the share of the Innovation Fund dedicated to the EHB and use the midterm review of the multiannual financial framework (MFF) to increase the resources allocated to the EHB;deleted
2023/07/20
Committee: ITRE
Amendment 188 #

2023/2123(INI)

Motion for a resolution
Paragraph 23
23. Stresses the need for an annual report by the Commission assessing progress in the development of the renewable and fossil-free hydrogen market and evaluating the activities of the EHB; asks that this report also evaluate the geographical breakdown of funding, the number of jobs created, changes in supply and demand, the cost of renewable and fossil-free hydrogen compared to other forms of hydrogen and other electricity carriers, and the development of dedicated hydrogen infrastructures;
2023/07/20
Committee: ITRE
Amendment 21 #

2023/2122(INI)

Draft opinion
Paragraph 1
1. Emphasises the crucial role played by grassroots and community organisations, trade unions, activist groups, human rights defenders and non- governmental organisations (NGOs) in promoting and upholding democracy, equality, the rule of law and fundamental rights and in ensuring accountability for state and private actions;
2023/10/24
Committee: LIBE
Amendment 31 #

2023/2122(INI)

Draft opinion
Paragraph 2
2. Stresses that civil society is a broader category than that of NGOs; notes that while NGOs are, on the one hand, a favoured institutional form of the neoliberal state and therefore rarely truly oppositional, on the other hand many resist instrumentalisation and expose the excesses of state and private interests; stresses, therefore, that they must be protected, including through the provision of adequate funding, including foreign funding; notes that it is short-sighted to treat NGOs as a singular bloc with a singular policy outlook;deleted
2023/10/24
Committee: LIBE
Amendment 59 #

2023/2122(INI)

Draft opinion
Paragraph 3
3. Remains deeply concerned by threats to and attacks on NGOs in some Member States;
2023/10/24
Committee: LIBE
Amendment 67 #

2023/2122(INI)

Draft opinion
Paragraph 4
4. Calls on the Member States and the EU to improve the legal environment for civil society by ensuring that any measure restricting the right of associations to seek, secure and use resources, including foreign resources, must pursue one of the legitimate aims under Article 11(2) of the European Convention on Human Rights;
2023/10/24
Committee: LIBE
Amendment 77 #

2023/2122(INI)

Draft opinion
Paragraph 4 a (new)
4 a. Expresses its concern that foreign states exercise illegitimate influence in Europe through the funding of NGOs, calls for new rules to prevent NGOs from being used by foreign actors;
2023/10/24
Committee: LIBE
Amendment 85 #

2023/2122(INI)

Draft opinion
Paragraph 5
5. Recalls that transparency and accountability measures must only serve the purpose of ensuring legitimate public scrutiny; stresses that reporting requirements for NGOs must remain strictly necessary and proportionate to the specific aims pursuedalso should cover NGOs ;
2023/10/24
Committee: LIBE
Amendment 96 #

2023/2122(INI)

Draft opinion
Paragraph 6
6. Believes that current EU instruments are likely sufficient for achieving proportionate transparency goals concerning NGO funding;deleted
2023/10/24
Committee: LIBE
Amendment 114 #

2023/2122(INI)

Draft opinion
Paragraph 7
7. Warns emphatically against the weaponisation of the concept of ‘foreign interference’ and emphasises that this can be and is being used by governments to repress civil society and NGOs.deleted
2023/10/24
Committee: LIBE
Amendment 14 #

2023/2110(INI)

Motion for a resolution
Recital C a (new)
Ca. whereas start-ups and scale-ups are currently hindered by lack of internal market integration, regulation discrepancies and excessive administrative burdens
2023/10/13
Committee: ITRE
Amendment 17 #

2023/2110(INI)

Motion for a resolution
Recital C b (new)
Cb. whereas European competitiveness is lagging behind other developed economies, threatening Europe’s potential to generate wealth and prosperity
2023/10/13
Committee: ITRE
Amendment 27 #

2023/2110(INI)

Motion for a resolution
Paragraph 1 a (new)
1a. Calls on the Commission, Member States and local governments to make business climate and competitiveness a priority on their political agendas;
2023/10/13
Committee: ITRE
Amendment 46 #

2023/2110(INI)

Motion for a resolution
Paragraph 5 a (new)
5a. Welcomes the Commission’s commitment on the “one in - one out” principle as a first step to stem the tide of new regulation, but reminds that it merely maintains status quo;
2023/10/13
Committee: ITRE
Amendment 47 #

2023/2110(INI)

Motion for a resolution
Paragraph 5 b (new)
5b. Calls on the Commission to present a roadmap towards achieving a reduction of at least 30 percent of regulatory burdens affecting start-ups and scale-ups, in order to decrease cost pressure and promote competitiveness;
2023/10/13
Committee: ITRE
Amendment 83 #

2023/2110(INI)

Motion for a resolution
Paragraph 8 a (new)
8a. Calls on the Commission to provide a roadmap for the development of SME chapters to strengthen their dimension and reduce regulatory burden in future international trade agreements; underlines that better regulation principles should be also applied to the ratification of all trade and investment agreements as well as the implementation and enforcement of all trade- and investment-related legislative acts;
2023/10/13
Committee: ITRE
Amendment 172 #

2023/2110(INI)

Motion for a resolution
Paragraph 22 a (new)
22a. Calls on the Commission to devote particular attention to the situation of start-ups and scale-ups and to design future legislation in such a way as to improve conditions for these undertakings;
2023/10/13
Committee: ITRE
Amendment 179 #

2023/2110(INI)

Motion for a resolution
Paragraph 23 a (new)
23a. Asks the Commission to apply a “think small first” principle across all relevant policy areas, in order to create legislation that spurs growth and development for start-ups and scale-ups;
2023/10/13
Committee: ITRE
Amendment 7 #

2023/2109(INI)

Motion for a resolution
Citation 29 a (new)
– having regard to the DG ENERGY report of 9 October 2019 entitled ‘Benchmarking of nuclear technical requirements against WENRA safety reference levels, EU regulatory framework and IAEA standards' (ENER/D2/2016-677);
2023/09/26
Committee: ITRE
Amendment 18 #

2023/2109(INI)

Motion for a resolution
Recital B
B. whereas Russia's war of aggression in Ukraine has shown vulnerabilities in the European Union energy system, whereas the EU must mitigate its own risks of external dependence in terms of energy supplies and move towards a self-sufficient energy system;
2023/09/26
Committee: ITRE
Amendment 24 #

2023/2109(INI)

Ba. whereas nuclear energy is zero- emission energy and nuclear technologies do not contribute to climate change;
2023/09/26
Committee: ITRE
Amendment 27 #

2023/2109(INI)

Motion for a resolution
Recital B b (new)
Bb. whereas energy demand exceeds supply in the Union, which as a consequence faces an energy crisis;
2023/09/26
Committee: ITRE
Amendment 34 #

2023/2109(INI)

Motion for a resolution
Recital C
C. whereas the innovative developments in nuclear power technology, particularly small modular reactors (SMRs), represent a promising pathway towards achieving the Union’s energy and climate objectives and offer considerable opportunities in terms of electricity production, industrial heat, hydrogen generation and district heating as well as stability in Europe's power grid ;
2023/09/26
Committee: ITRE
Amendment 49 #

2023/2109(INI)

Motion for a resolution
Recital E
E. whereas the deployment of SMRs can help drive economic growth, create jobs and contribute to the EU’s global competitiveness as well as make EU a continent for investments in this rapidly developing sphere of technology;
2023/09/26
Committee: ITRE
Amendment 57 #

2023/2109(INI)

Motion for a resolution
Recital F a (new)
Fa. whereas modern nuclear power is distinguished by a high degree of safety;
2023/09/26
Committee: ITRE
Amendment 68 #

2023/2109(INI)

Motion for a resolution
Paragraph 2
2. Underlines that nuclear energy is reliable, cheap, and clean, also in the sense that there is minimal waste from modern nuclear processes, and highlights the potential of nuclear power and SMRs in contributing to the EU’s clean energy goals;
2023/09/26
Committee: ITRE
Amendment 73 #

2023/2109(INI)

Motion for a resolution
Paragraph 2
2. Underlines the potential of nuclear power and SMRs in contributing to the EU’s clean energy and climate goals;
2023/09/26
Committee: ITRE
Amendment 75 #

2023/2109(INI)

Motion for a resolution
Paragraph 2 a (new)
2a. Underlines the importance of a robust and self-sufficient energy system in the EU, notes the potential SMRs can have in achieving this;
2023/09/26
Committee: ITRE
Amendment 84 #

2023/2109(INI)

Motion for a resolution
Paragraph 3
3. Calls for the development of a comprehensive strategy for the deployment of SMRs in the EU, taking into account the specific needs and circumstances of different regions and sectors. The strategy should be prioritized by the Commission in order to urgently attract investments to this sector;
2023/09/26
Committee: ITRE
Amendment 117 #

2023/2109(INI)

Motion for a resolution
Paragraph 8 a (new)
8a. Acknowledges the potential SMRs can have for rural areas;
2023/09/26
Committee: ITRE
Amendment 119 #

2023/2109(INI)

Motion for a resolution
Paragraph 8 b (new)
8b. Acknowledges the potential SMRs can have for communities that are lacking connection to the electricity grid;
2023/09/26
Committee: ITRE
Amendment 133 #

2023/2109(INI)

Motion for a resolution
Paragraph 10 a (new)
10a. Stresses the need for technology neutral legislation in the fields of energy and climate in order to create fair competition in the energy market;
2023/09/26
Committee: ITRE
Amendment 144 #

2023/2109(INI)

Motion for a resolution
Paragraph 12 a (new)
12a. Notes that in order to achieve the Union climate goals clean energy will play a crucial role in the transition from fossil fuels, acknowledges the important role nuclear energy will have in the transition;
2023/09/26
Committee: ITRE
Amendment 152 #

2023/2109(INI)

Motion for a resolution
Paragraph 14
14. Recognises that a basic condition for SMRs to develop in the EU is to ensure that a conducive policy and regulatory framework is in place as well as that the principal of technology neutrality is applied in current and future legislation;
2023/09/26
Committee: ITRE
Amendment 175 #

2023/2109(INI)

Motion for a resolution
Subheading 5
Market integration and, deployment and rollout
2023/09/26
Committee: ITRE
Amendment 185 #

2023/2109(INI)

Motion for a resolution
Paragraph 18 a (new)
18a. Emphasises the importance of the Commission working with local communities with regard to the industrial strategy on SMRs in order to ensure a strategy that works for member states and their municipalities;
2023/09/26
Committee: ITRE
Amendment 187 #

2023/2109(INI)

Motion for a resolution
Paragraph 18 b (new)
18b. Emphasies the need for fast permitting procedures when SMRs are market ready, encourages the Commission to urgently review the possibilities of speeding up the permit processes for the rollout of SMRs;
2023/09/26
Committee: ITRE
Amendment 201 #

2023/2109(INI)

Motion for a resolution
Paragraph 20 a (new)
20a. Notes that despite most other areas having been standardized by the EU, in order to facilitate movement and exchange on the internal market, nuclear power remains a noticeable exception, which needs to be addressed in order for nuclear power to benefit from European integration and realize its full potential with regard to the Green transition; stresses that the incentives to invest in nuclear energy can be greatly improved through a common European framework;
2023/09/26
Committee: ITRE
Amendment 225 #

2023/2109(INI)

Motion for a resolution
Paragraph 23 a (new)
23a. Stresses the need to include nuclear technologies such as SMRs in future legislation regarding industry and energy, such as the Net-Zero Industry Act;
2023/09/26
Committee: ITRE
Amendment 272 #

2023/2109(INI)

Motion for a resolution
Paragraph 30
30. RecogniStresses that increased resources for R&D in state-of-the-art nuclear power are needed;
2023/09/26
Committee: ITRE
Amendment 1 #

2023/2029(INI)

Motion for a resolution
Recitals A and Aa (new)
A. whereas the Neighbourhood, Development and International Cooperation Instrument – Global Europe (‘the Instrument’) entered into force on 14 June 2021 and consolidated a merged previous instruments under a single instrument; whereas this instrument, with an overall budget of EUR 79.5 billion, constitutes a historic change in the EU’s external and development policies; Aa. whereas the Commission is responsible for the identification, formulatitude of previous instruments under a single instrumenton, implementation, monitoring and evaluation of EU assistance; whereas the EEAS has the responsibility to ensure the continuity and coherence of EU external policies in line with the integrated approach which includes this Instrument; whereas Parliament is responsible for democratic oversight and scrutiny and as co-legislator under the co- decision procedure; whereas the creation of the Team Europe approach should contribute to a single strategic coordination framework for the EU’s external response to major challenges; whereas this approach enables further cooperation between the EU institutions, the Member States and the EIB, continuously increasing the EU’s collective effectiveness and visibility; whereas the Instrument is to be implemented through a mix of modalities including bilateral cooperation, grants to a diversity of partners and an investment framework;
2023/11/09
Committee: AFETDEVE
Amendment 2 #

2023/2029(INI)

Motion for a resolution
Recital B
B. whereas the Instrument’s external investment framework brings together blended finance and guarantees under the European Fund for Sustainable Development Plus (EFSD+) External Action Guarantee (EAG), which is to be implemented by eligible partners in an open and collaborative approach, with a specific role for the European Investment Bank (EIB); whereas the EFSD+ considerably expands the financial envelope of its predecessor, the EFSD, and will be able to guarantee operations up to EUR 53.4 billion through EAG; whereas the ‘policy first’ principle must result in a cooperation driven by policy objectives and ensure that the European financial architecture for development is aligned in this regard;
2023/11/09
Committee: AFETDEVE
Amendment 3 #

2023/2029(INI)

Motion for a resolution
Recitals C and Ca (new)
C. whereas due to limited resources, the external financing instruments have often been stretched to their limits; whereas, since the adoption of the Regulation establishing the Instrument, events such as the Russian war of aggression against Ukraine (which triggered a food, energy and cost of worsened the food crisis in the world, triggered an energy, cost of living and debt crises globally and created economic uncertainty, potentially further destabilivsing crisis)Member States and third countries and the impact of the COVID-19 pandemic have exacerbated the situation to such a degree that an early mid-term evaluation (MTE) of the Instrument and a mid-term revision (MTR) of the multiannual financial framework (MFF) are necessary; Ca. whereas the COVID-19 pandemic has deepened the already significant SDGs financing gap and caused an overall decline in resources of USD 700 billion, and at the same time a significant increase is needed to respond to the pre- pandemic gap in developing countries; whereas 80% of the cushion has already been used and an increase of it should be considered; whereas the current political and financial leadership of and efforts by the EU are not sufficient for achieving the European Consensus on Development, SDGs, and the goals of the Paris Agreement and addressing other acute global challenges, in particular worsening climate change, the consequences of COVID-19 and violent conflicts, and therefore joint engagement at international level is required to ensure that the Instrument is able to respond to these emerging challenges;
2023/11/09
Committee: AFETDEVE
Amendment 4 #

2023/2029(INI)

Motion for a resolution
Recitals D, Da (new), Db (new) and Dc (new)
D. whereas project implementation under the Instrument cannot yet be evaluated fully, as it is still in its early stages; whereas the MTE expected in 2024 should assess whether the Instrument contributes to the EU’s strategic priorities and effectively promotes its values in partner countries, promotes human rights and contributes to poverty and inequalities reduction along with the promotion of the sustainable development of third countries and whether it is allocated based on third countries’ needs and development strategies; Da. whereas the European Court of Auditors concluded in 2023 that there are deficiencies in the methods for allocating funds and impact monitoring and that the wide scope of the Instrument may limit the impact, and that improvements are needed in the way development aid is allocated and monitored; Db. whereas the Instrument should be used to form closer and more effective partnerships with third countries that deliver tangible results, based on mutual interests, strategic priorities, structured and effective cooperation, and clear-long term goals; whereas EU-Africa and Neighbourhood relations are of particular strategic importance; whereas the Instrument should be used to ensure a fair green transition, promoting local added values and respecting the “do no significant harm principle”; whereas efficiency, effectiveness and the development impact of the Instrument are key indicators to track; Dc. whereas since the adoption of the Instrument, geopolitical competition has evolved and increased; whereas this places the Instrument in a new and more urgent light; whereas the Global Gateway is a response to this challenge, aiming to provide a viable and attractive alternative for partner countries that delivers lasting benefits for local communities; whereas there is a need to better communicate and raise the visibility of EU actions in partner countries; whereas, despite the Global Gateway’s focus on the EU’s geopolitical objectives, the Instrument’s ODA must serve long-term sustainable development in partner countries;
2023/11/09
Committee: AFETDEVE
Amendment 5 #

2023/2029(INI)

Motion for a resolution
Paragraph 1
1. Welcomes the Commission communica’s proposal for a revision of the MFF 2021- 2027 with additional funding for Heading 6, since the current financial programming is insufficient and underfunded for the Instrument that should better reflect the geopolitical ambitions on the mid-term revision of the MFF 2021-2027f the EU and its global commitments; takes note of the additional funds proposed by the Commission for Heading 6 out of which EUR 10,5 billion for responding to external dimension of migration, including external challenges, EUR 3 billion for the Instrument’s emerging challenges and priorities cushion and EUR 2,5 billion for the Solidarity and Emergency Aid Reserve (SEAR);
2023/11/09
Committee: AFETDEVE
Amendment 6 #

2023/2029(INI)

Motion for a resolution
Paragraph 2
2. Underlines the need to review the EU’s external and development policies in the light of geopolitical changes; recogniseslight of the funding gap, the increasing inequalities between and within countries and global food insecurity; recognises the impact of geopolitical changes, in particular Russia’s war of aggression against Ukraine and the EU’s new priorities and the enhanced importance of strategic partnerships with partner countries, aligned with the principle of Policy Coherence for Development (PCD), and the specific role of EU investments, which have to reflect both the values and interests of the EU and the interests of our partners; further stresses the need for this review to assess whether the Instrument’s objectives of reduction of poverty and inequalities, promotion of human rights and long-term sustainable development of partner countries are being met;
2023/11/09
Committee: AFETDEVE
Amendment 7 #

2023/2029(INI)

Motion for a resolution
Paragraph 3
3. Reaffirms its unwavering support for Ukraine; stresses, however, that this support should not come at the expense of other partners and third countries, whose EU funding should not be cut; calls, therefore, for a thorough evaluation of the Instrument’s resources, which should also assess whether they are sufficient to meet the Instrument’s objectiveIn the face of the ongoing Russian war of aggression, reaffirms its unwavering support for Ukraine, in all its dimensions, including humanitarian assistance, recovery, reconstruction and modernisation; stresses, however, that this support should not come at the expense of official development assistance (ODA), other partners and third countries who are adversely affected by the Russian war of aggression and whose EU funding should not be cut; calls, therefore, for a thorough evaluation of the Instrument’s resources, which should also assess whether they are sufficient to meet the Instrument’s objectives as per the Regulation and to raise the resources accordingly, as well as ensure that they continue to be relevant in the context of on-going geopolitical challenges and allow the EU to be seen as a trustworthy partner and counteract the influence of other global powers;
2023/11/09
Committee: AFETDEVE
Amendment 8 #

2023/2029(INI)

Motion for a resolution
Citation 17 a (new)
– having regard to the Council conclusions of 4 May 2023 on corruption as an obstacle to development,
2023/09/15
Committee: AFETDEVE
Amendment 8 #

2023/2029(INI)

Motion for a resolution
Paragraph 4
4. Welcomes the consolidation of most of the EU’s external action in a single Instrument, gradually streamlining and harmonising the numerous previous instruments; is of the opinion, however, that although this simplification has enhanced flexibility and efficiency, it has not been accompanied by sufficient levels of effective accountability and transparency; underlines, in this regard, that measures can only be considered effective when this can be proven by clear and comparable monitoring and evaluation mechanisms; recalls the findings of the ECA’s Special Report 14/2023, which points out that, in more than 20% of the sampled indicators, baseline indicators have been missing or unclear and 24% had either no targets or unclear targets, and furthermore data sources in the multiannual indicative programmes (MIPs) were fragmented or missing; calls on the Commission to make the use of ‘Global Europe Results Framework’ (GERF) indicators compulsory, that should be the norm, for measures throughout the entire implementation cycle of MIPs, that is planning, implementation and reporting of results, and to considerably increase EU delegations capacities; emphasises that the Instrument should provide for an efficient, effective, coherent and inclusive implementation, underpinned by the ‘policy first’ principle and in line with the strategic interests and values of the EU and the priorities of partner countries; reiterates its call on the Commission to publish, at least biannually, an aid effectiveness progress report, that consistently includes standardised, comprehensible and comparable indicators, covering joint planning, joint implementation and joint results frameworks; calls on the Commission to present this progress report to Parliament;
2023/11/09
Committee: AFETDEVE
Amendment 9 #

2023/2029(INI)

Motion for a resolution
Paragraph 5
5. CExpresses deep concern about the escalation of geopolitical turmoil, authoritarian trends and recent global attacks globally on the foundations of democracy and the rule of law; calls for the MTE to evaluate in depth the Instrument’s capacity to achieve the EU’s overall external policy goals, and particularly the objective of contributing to the promotion of multilateralism, sustainable development and of protecting, promoting and advancing democracy, the rule of law and human rights and fundamental freedoms; stresses that the EU's external democracy action, implemented under the Instrument, must adjust to a new geopolitical reality marked by competing governance models, in order to better prevent and respond to democratic backsliding; calls on the Commission to assess through a critical lens with an appropriate level of informative granularity in evaluating the progress in the implementation of the Instrument, across programmes, spending targets and benchmarks, abstaining from repeating shallow policy positions; reaffirms that according to the treaties and the New European Consensus on Development, the primary objective of development cooperation should be the eradication of poverty and to foster sustainable economic, social and environmental development of developing countries; stresses that ‘policy first’ should be guided by the principles and objectives set out in the European Consensus on Development, the UN 2030 Agenda for Sustainable Development, the Paris Agreement and the Addis Ababa Action Agenda;
2023/11/09
Committee: AFETDEVE
Amendment 10 #

2023/2029(INI)

Motion for a resolution
Paragraphs 6 and 6a (new)
6. Calls, in particular, for an honest and thorough assessment of the use of Article 42(4) and recital 40 of the Regulation establishing the Instrument, the latter of which states that assistance could be suspended in the event of degradation in democracy, human rights or the rule of law in third countries; calls for ex ante assessments to determine the possible implications and risks of projects with regard to human rights, in line with Article 25 (5) of the Regulation; calls for human rights monitoring throughout the implementation of projects in third countries, especially in relation to projects entailing a high risk of violations; calls for a suspension or modulation of projects that contribute to human rights violations in third countries; calls on the Commission to share all human rights related assessments with Parliament in a proactive manner; underlines the necessity for the EU to take a more principled approach to partner countries that go in the opposite direction when it comes to central values and principles; upholds the suspension of budget support as a good example in this regard; 6a. Worries that the financing of assistance for Ukraine through the mobilisation of the Instrument’s cushion, rather than through the appropriate budgetary instrument, has exhausted much of it, leaving the Instrument with limited ability to respond to unforeseen challenges; welcomes the proposal for establishing the Ukraine Facility, which should ensure sustainable long-term financing for Ukraine while preserving the Instrument’s ability to cope with future challenges;
2023/11/09
Committee: AFETDEVE
Amendment 11 #

2023/2029(INI)

Motion for a resolution
Paragraph 7
7. Requests that the MTE provide legal and political clarity with regard to the listing of Ukraine, the Republic of Moldova and Georgia as beneficiaries under the neighbourhood chapter of the Instrument; notes that these countriesUkraine and the Republic of Moldova have become candidates for accession to the EU andwhile Georgia is considered a potential candidate for EU membership; against this background, underlines that Ukraine, the Republic of Moldova and Georgia should therefore be listed as beneficiaries with the adequate budgetary transfer of bilateral financial envelopes to the Instrument for Pre- accession Assistance (IPA III) Regulation10 ; welcomes the Commission’s proposal for a Ukraine facility, having a distinctive legal basis and policy framework different from the Instrument and the European Neighbourhood Policy, which would reduce the pressure lying on the Instrument, welcomes the Commission’s proposal for a new and dedicated Ukraine facility by combining future support in a separate single instrument under Heading 6 of the MFF to meet immediate needs, but stresses the importance of using a long- term instrument; __________________ 10 Regulation (EU) 2021/1529 of the European Parliament and of the Council of 15 September 2021 establishing the Instrument for Pre-Accession assistance (IPA III) (OJ L 330, 20.9.2021, p. 1).
2023/11/09
Committee: AFETDEVE
Amendment 12 #

2023/2029(INI)

Motion for a resolution
Recital -A (new)
-A. whereas the European Union and the 27 EU Member States together remain the world’s biggest provider of external assistance, responsible for approximately 43% of the total ODA provided by all OECD ODA members to developing countries; whereas external financing instruments are the main mechanism for supporting the EU’s action on the global scene, and whereas the EU’s external action is of increasing importance to European citizens;
2023/09/15
Committee: AFETDEVE
Amendment 12 #

2023/2029(INI)

Motion for a resolution
Paragraph 8
8. Calls for the MTE to assess, in particular, the extent to which funding has delivered tangible results in Africa, in line with the Instrument’s objectives, the EU- Africa Strategy as well as the outcomes of and priorities set at the 6th AU-EU Summit in 2022, and whether a review of priorities and objectives is necessary; stresses that the analysis of tangible results of the assistance provided, based on clear indicators, is particularly important for adequately assessing the effectiveness of the use of funds; invites the Commission to make better use of the possibility to combine geographic envelopes for the benefit of Pan-African programmes as provided for in Article 4(2), in support of EU-AU commitments; underlines the necessity for the EU to continue to actively support the new African Continental Free Trade Area, also through this Instrument, building on its own experience in developing the European Single Market, to spur sustainable economic development, boost job creation, reduce poverty and increase shared prosperity in Africa; stresses the need to support African partner countries by harnessing its great untapped renewable energy potential and accelerate progress on SDG7 in Africa, which will not only boost economic growth, job creation and social development, but also significantly increase the global share of renewables;
2023/11/09
Committee: AFETDEVE
Amendment 13 #

2023/2029(INI)

Motion for a resolution
Recital A
A. whereas the Neighbourhood, Development and International Cooperation Instrument – Global Europe (‘the Instrument’) entered into force on 14 June 2021 and consolidated a multitude of previous instruments under a single instrument; whereas this instrument, with an overall budget of EUR 79.5 billion, constitutes a historic change in the EU’s external and development policies;
2023/09/15
Committee: AFETDEVE
Amendment 13 #

2023/2029(INI)

Motion for a resolution
Paragraph 9
9. Stresses the importance of meeting all the Instrument’s spending and programmatic targets and calls for detailed information on the progress made in this regard; regrets, in particular, the substantial deficit in reaching the Instrument’s climate target and the substantial deficit in reaching the Instrument’s 30% climate target, in contributing to the 10% biodiversity target under the MFF for 2026 and 2027 as well as in ensuring to fulfil its global financial commitments under the UN framework and in particular the contribution to the Loss and Damage Fund; recalls that climate change will increasingly put pressure on food production and access, especially in vulnerable regions, undermining food security and nutrition; further recalls that biodiversity is a crucial factor in combatting climate change and that the loss of biodiversity and ecosystem services will undermine progress in approximately 80% of the assessed targets for the SDGs; calls for a detailed plan outlining how the Commission intends to meet the climatespending and gender targets by the end of the MFF;
2023/11/09
Committee: AFETDEVE
Amendment 14 #

2023/2029(INI)

Motion for a resolution
Paragraphs 10, 10a (new) and 10b (new)
10. RStrongly reaffirms the commitment set out in the Instrument to eradicating poverty, fighting inequalities and discrimination and promoting human developmente poverty, fight climate change and food insecurity, fight inequalities and discrimination and promote sustainable human development; recalls the commitment made by the EU and the Member States to increase their ODA to 0.7% of gross domestic product by 2030, including contributing with the NDICI- GE to at least 20% of the ODA funded under the Instrument to social inclusion and human development, such as in health, education, nutrition and social protection, and 0.2% of the EU’s gross national income for ODA to the least developed countries; underlines that the EFSD+ should aim to support investments as a means of contributing to the achievement of the SDGs; emphasises the importance of following a holistic approach to human security as a new guiding paradigm; calls, in the context of the forthcoming programming process, for the full implementation of the EU Gender Action Plan III, with a strong commitment on gender perspective and mainstreaming, as well as the operationalisation of the EU Global Health Strategy and the Youth Action Plan in EU external action; underlines the need to enhance the Union’s efforts to promote and protect human rights in its external action, welcoming the mid-term review of the implementation of the EU Action Plan on Human Rights and Democracy; highlights the importance of a strong anti-corruption perspective in all EU development efforts and supports the Council conclusions of 4 May on corruption as an obstacle to development; 10a. Stresses that investments in human development are crucial for the fight against inequalities and for education, including vocational training, should remain a clear priority in the forthcoming programming process, given that it enables developing partner countries to unlock the human capital potential of their young populations and boost human development, economic growth and employment in their countries; calls on the Commission to introduce a child policy marker that builds on existing methodology developed in the areas of gender, climate, migration and digitalisation, in order to allow EU institutions and partners to measure and monitor investments in children; stresses that tracking and monitoring of the EU's investment in children is fundamental to show the EU's added value and effectiveness; underlines that COVID-19 was a wake-up call for low- and middle- income countries (LMICs) to accelerate progress towards building universal, publicly financed health systems; requests that grants and public sector promotion are prioritised in the health sector to assure development aid reaches people first in the programming of the Instrument; stresses the importance of continuing to commit enough budget for improving social outcomes and addressing systemic issues; 10b. Expresses concern about the state of LGBTIQ+ rights worldwide as well as the general backlash against women’s rights, gender equality and sexual and reproductive health and rights (SRHR) in developing countries; calls on the Commission and the EEAS to address the setback in the recognition and protection of these rights; underlines, in this regard, that targeted support to CSOs and communities advocating for the respect of SRHR, women’s rights, gender equality and the LGBTIQ+ community and other marginalised populations, including enhanced measures to decriminalise homosexuality, should be prioritised; recalls that at least 85% of new actions implemented under the Instrument should have gender equality as a principal or a significant objective and at least 5% of these actions should have gender equality and women’s and girls’ rights and empowerment as a principal objective;
2023/11/09
Committee: AFETDEVE
Amendment 15 #

2023/2029(INI)

Motion for a resolution
Recital A a (new)
Aa. whereas the Commission is responsible for the identification, formulation, implementation, monitoring and evaluation of EU assistance; whereas the EEAS has the responsibility to ensure the continuity and coherence of EU external policies in line with the integrated approach which includes this Instrument; whereas Parliament is responsible for democratic oversight and scrutiny and as co-legislator under the co- decision procedure; whereas the creation of the Team Europe approach should contribute to a single strategic coordination framework for the EU’s external response to major challenges; whereas this approach enables further cooperation between the EU institutions, the Member States and the EIB, continuously increasing the EU’s collective effectiveness and visibility;
2023/09/15
Committee: AFETDEVE
Amendment 15 #

2023/2029(INI)

Motion for a resolution
Paragraphs 11 and 11a (new)
11. Reaffirms the commitment outlined in the Instrument to addressing the root causes of irregular migration and forced displacement; is of the opinion that, without prejudice to unforeseen circumstances, the commitment within the Instrument to dedicate an indicative 10 % of the Instrument’s financial envelope to actions supporting the management and governance of migration and forced displacement within the objectives of the Instrument should be respected and that this clause should not be reopened; notes, however, that 14% of the funds committed in 2021 contributed to the migration spending target; expects to receive regular substantial updates on the state of play; 11a. Regrets that the current use of the rapid response pillar does not visibly and effectively contribute to promoting EU interests in the world; therefore requests to reconsider re-establishing programmatic support to EU’s foreign and security policy objectives during the 2024 MTE;
2023/11/09
Committee: AFETDEVE
Amendment 16 #

2023/2029(INI)

Motion for a resolution
Paragraph 12
12. Stresses that under no circumstances should the 2024 MTR of the MFF result in the Instrument’s funds being cut or reallocated between programmes; underlines the key role of the Instrument, the EFSD+ and the EAG in providing a strategic framework for blended finance, de-risking investments and guarantees and in mobilising resources from the private sector with the support of the EU budget, particularly in the light of increasing geopolitical and economic competitionthe long-term thematic and geographic programmes dedicated to sustainable development; worries that the Instrument was underfunded since the start of the MFF 2021-2027 and that its geographisation has come at the expense of important thematic funding lines, such as the people’s Global Challenges budget line, which was even more under pressure due to COVID-19, leaving little to no room for manoeuvre to fully honour the EU’s commitments to supporting multilateral health initiatives in the coming years; underlines that the lack of funds creates a dangerous gap between the EU’s ambition and its ability to deliver on its promises; recalls that insufficient funding will also create damaging competition between short-term needs and long term investments, and between core development sectors, ultimately hampering the effectiveness of EU aid and its contribution to the achievement of the 2030 Agenda; underlines the key role of the Instrument, the EFSD+ and the EAG in providing a strategic framework for blended finance, de-risking investments and guarantees and in mobilising resources from the private sector with the support of the EU budget, particularly in light of increasing geopolitical and economic competition; stresses that blended finance projects and effective partnerships with the private sector in developing countries must focus on maximising development outcomes and be consistent with the SDGs, the Paris agreement and national development priorities; recalls that private sector is an addition, rather than a replacement, to public investments, in particular in critical services, such as health, education and social protection, which provide crucial long-term prospects for the graduation from poverty; calls for the EFSD+ not to finance investments that have a negative impact on the SDGs, particularly as regards combating climate change; asks that the long-term budget must be adapted to protect the EU’s positive impact, influence and credibility on the global stage;
2023/11/09
Committee: AFETDEVE
Amendment 17 #

2023/2029(INI)

Motion for a resolution
Recital B
B. whereas the Instrument’s external investment framework brings together blended finance and guarantees under the European Fund for Sustainable Development Plus (EFSD+) External Action Guarantee (EAG), which is to be implemented by eligible partners in an open and collaborative approach, with a specific role for the European Investment Bank (EIB); whereas the EFSD+ considerably expands the financial envelope of its predecessor, the EFSD, and will be able to guarantee operations up to EUR 53.4 billion through EAG; whereas the ‘policy first’ principle must result in a cooperation driven by policy objectives and ensure that the European financial architecture for development is aligned in this regard;
2023/09/15
Committee: AFETDEVE
Amendment 17 #

2023/2029(INI)

Motion for a resolution
Paragraph 13
13. Recognises the specific role of EU investments, which must reflect the strategic interests and development objectives of both the EU and our partner countries as well as the EU's values, and underlines the important part played by the budgetary guarantees in delivering them under the ‘policy first’ principle as referred above; highlights the importance of ensuring that the guarantees counterbalance the risk involved in the highest-risk countries for investment so that relevant investment is also directed to them; stresses that the EU should lead by example in this regard, in view of the ongoing debate on the reform of multilateral development banks;
2023/11/09
Committee: AFETDEVE
Amendment 18 #

2023/2029(INI)

Motion for a resolution
Paragraph 14
14. Notes the specific role played by the EIB in the European financial architecture for development, as set out in Article 209 of the TFEU and in Article 36 of the Regulation establishing the Instrument, and acknowledges the EIB’s potential to mobilise additional funding that contributes to the Instrument’s objectives; welcomes the creation of EIB Global, which has been operational since 1 January 2022 and sets out to increase the bank’s presence and expertise in developing countries; notes that, since the setting up of the new development branch, the EIB Global has made record use of the dedicated investment window provided by the Instrument, delivering over EUR 10 billion in 2022, notably in support of Ukraine and the Global Gateway; recalls the importance of the EU budget as the sole guarantor for the EIB’s to provide loans outside the EU in support of EU policies; calls for an increase in the guarantees granted to the EIB by the EU budget in order to allow the EU bank to continue to deliver vital public and private sector operations in Ukraine and to expand its activities in the Global South; calls on the EIB to use its position to mobilise investments for sustainable development in line with the purpose and criteria established by the EFSD+; highlights the important role of the EIB in partnering with the Commission to deliver EUR 100 billion of the EUR 300 billion commitment under the Global Gateway strategy; calls on the EIB to prioritise a sustainable development agenda; calls on the EIB to take higher risk in financing projects with high social returns; calls on the EIB to continue strengthening its presence in the field by building on the current approach of co- location within EU delegations, while further exploiting possible synergies with the EBRD and other European DFIs; encourages the EIB to continue to actively engage in developing planning, monitoring and evaluation at country level, hand in hand with the EU delegations and through co-financing with development finance institutions; calls for stronger coordination between the Commission and the EEAS and EU delegations to facilitate discussions and cooperation with relevant actors on the ground in order to identify projects which best meet development effectiveness objectives;
2023/11/09
Committee: AFETDEVE
Amendment 19 #

2023/2029(INI)

Motion for a resolution
Paragraph 15
15. Welcomes the ‘open architecture’ of the EFSD+, which was established to support private-sector investments, and calls on the Commission, the EIB, the European Bank for Reconstruction and Development, the Member States and development finance institutions (DFIs) to fully utilise the options provided by the EAG and the relevant investment windows to promote sustainable private-sector investments; underlines the need to leverage private sector financing, with a particular focus on SMEs, and calls for increased efforts to address bottlenecks and obstacles to investment; recognises additionally the important role of the private sector in generating new investments, employment and financing for development where possible; recalls Parliament's power of scrutiny and the need for transparency in the implementation of the EFSD+;
2023/11/09
Committee: AFETDEVE
Amendment 20 #

2023/2029(INI)

Motion for a resolution
Recital B a (new)
Ba. whereas the Global Gateway strategy aims at increasing EU’s geopolitical weight in the global arena, by boosting smart, clean and secure links in digital, energy and transport and strengthening health, education and research systems across the world, in the framework of the UN 2030 Agenda for Sustainable Development and its SDGs;
2023/09/15
Committee: AFETDEVE
Amendment 20 #

2023/2029(INI)

Motion for a resolution
Paragraph 16
16. Welcomes the Team Europe approach and its aim of increasing the coherence, impact and visibility of EU development projects, and calls for more joint actions with the Member States, in particular Team Europe Initiatives (TEIs); recalls the Court of Auditors’ observation that individual Member States’ contributions to TEIs are not indicated in the MIPs, bringing uncertainty over the Member States’ financial support which contributes to making the future of TEIs unclear as a collective initiative; calls on the Commission and Member States to review the effectiveness of the approach and to inform Parliament of its findings; calls on the Commission to clarify the roles surrounding the Team Europe approach and to propose a mechanism that increases the transparency and democratic scrutiny of the initiatives; further calls for joint action by the EU and Member States to increase effectiveness and maximise resources; encourages the Member States and development financing institutions as well as the EIB and EBRD to play a more active role in Team Europe with financial commitments and joint actions, steered by the Commission;
2023/11/09
Committee: AFETDEVE
Amendment 21 #

2023/2029(INI)

Motion for a resolution
Paragraphs 17 and 17a (new)
17. Welcomes the Global Gateway strategy as a concerted EU response to global challenges; regrets, however, the lack of transparency and of a regulatory framework for the strategy’s governance and implementation within the Instrument’s objectives and prioritiesis of the opinion that in times of new geostrategic challenges, EU foreign policy and security policy and development cooperation actors have to better coordinate to increase the EU’s presence and visibility worldwide by means of infrastructure investment that creates national value in partner countries, in line with the SDGs; recalls that Global Gateway is to be understood as a strategic concept in which foreign, economic and development policy are integrated; stresses that massive investments are required in both hard and soft infrastructure in developing countries, from digital, transport and energy networks to health, education and food systems; regrets, however, the lack of transparency and of a regulatory framework for the strategy’s governance and implementation within the Instrument’s objectives and priorities; stresses the need for adequate parliamentary involvement and scrutiny as well as consultation with the business sector and CSOs through a light governance framework that would quickly deliver a boost of investment and visibility of EU in partner countries at the backdrop of a complex geopolitical context; calls on the Commission to update the joint communication to clarify the governance framework, including Parliament’s scrutiny role, and to provide a clear definition of what a global gateway project is and how to distinguish it from other investment projects; calls for clarity as to how the EU financial regulation and public procurement rules apply; calls for a faster pace of implementation of the strategy in light of existing and emerging global challenges; 17a. Regrets the lack of clarity on the financing for the Global Gateway strategy and recalls that such new initiatives should be financed through fresh appropriations and the related upward revision of the Heading 6 ceiling; calls on the Commission to involve CSOs more systematically in Global Gateway and TEIs and to consider actively involving local CSOs under each country programming;
2023/11/09
Committee: AFETDEVE
Amendment 22 #

2023/2029(INI)

Motion for a resolution
Paragraphs 19 and 19a (new)
19. Recalls Parliament’s functions of political control and consultation and stresses the role of the high-level geopolitical dialogue in providing general orientations for the implementation of the Instrumentpowers of political and budgetary control and consultation and stresses the role of the high-level geopolitical dialogue in providing general orientations for the implementation of the Instrument; stresses the importance of having detailed information on the budget executed, or to be executed; underlines that Parliament needs full and timely access to documents and has to be able to monitor the impact and progress of projects in order to better evaluate their scope and impact, which is why it needs full access to standardised baseline and target indicators, as well as data sources; calls on the Commission to provide a consistent inter-institutional information flow with the Parliament being kept informed about investment projects including Global Gateway projects and to make the Result Management Framework (ReMF) fully available; reiterates that Parliament’s positions need to be fully taken into consideration; also reiterates that European Parliament resolutions constitute part of the overall policy framework for the implementation of the Instrument; urges the Commission to significantly improve the timely provision of documentation to Parliament in advance of the high-level geopolitical dialogue, as well as the way in which it takes into account the EP’s recommendations, notably by engaging in a written procedure after each dialogue indicating the follow-up on each specific EP recommendation; 19a. Calls on the Commission to take advantage of the MFF revision to refine the nomenclature of the NDICI-Global Europe by including more budget lines in order to allow the budgetary authority to exercise its scrutiny powers, particularly as regards the neighbourhood budget lines, to strengthen the transparency to achieve a data-driven policy which can be audited regarding its objectives, and to reflect better a strategic approach, as well as to improve long-term programming; points out that the overlap of financial instruments, for example in the context of guarantees, makes scrutiny difficult; calls on the Commission to provide after consultations with the Parliament a comprehensible, clear and complete overview in a single document about the financial instruments, their relations with each other and the different actors, as well as a complete and precise overview about grants and guarantees and how they are covered; calls on the Commission to provide the budgetary authority with quarterly updates, including on the use and amounts of budgetary guarantees together with the estimated provisioning and future forecasts, as well as the state of play as regards the spending and programmatic targets;
2023/11/09
Committee: AFETDEVE
Amendment 23 #

2023/2029(INI)

Motion for a resolution
Paragraph 20
20. Stresses the importance of the programming process, underlining the crucial role of the EEAS and EU delegations in this regard, as well as in ensuring the proper inclusion of partner countries and other development actors throughout the process, including by fostering close and transparent consultation of and association with regional and local authorities, in order to identify common priorities and enhance partner countries’ sense of ownership; stresses, furthermore, the important role of civil society organisations in the programming processunderlines the importance of guaranteeing an effective needs-based and people-centred approach in the EU’s external action and highlights the essential role that local partners and civil society should have in the design, implementation, monitoring and evaluation of programmes; stresses the importance of CSOs and, where relevant, the private sector in the implementation of the Instrument, in particular in the programming process; reaffirms the need to step up support to civil society worldwide;
2023/11/09
Committee: AFETDEVE
Amendment 24 #

2023/2029(INI)

Motion for a resolution
Paragraphs 21 and 21a (new)
21. Regrets the rushed programming process that took place in the second half of 2021, preventing adequate scrutiny by Parliament; notes with concern the findings of the ECA’s Special Report 14/2023, which concluded that the programming process could be improved; expects the Commission and the EEAS to act on the recommendation made by ECA and draw the lessons learnt for the next programming exercise; calls on the Commission to ensure a more predictable and transparent programming exercise, to develop a standardised, comparable and transparent methodology for allocating funds to neighbourhood countries, to ensure rigorous application for non- neighbourhood countries and to clarify the methodology for assessing the impact of EU’s support and ensure its relevance in a developing geopolitical context; 21a. Welcomes the recent Macro- financial assistances adopted to support several countries and notably Ukraine to face the consequences of the Russian war of aggression against Ukraine; regrets the lack of information given to the budgetary authorities on the management of the financing of the interest costs of the MFA; worries that the current financing of the interest costs of the MFA through the mobilisation of the emerging challenges and priorities cushion, rather than through fresh appropriations, risks to exhaust most of it, if not all, for the remaining period, leaving the Instrument with no ability to respond to unforeseen challenges, and therefore, underlines the need to find sustainable long-term financing solutions, while preserving the ability to cope with future challenges;
2023/11/09
Committee: AFETDEVE
Amendment 25 #

2023/2029(INI)

Motion for a resolution
Paragraphs 22, 22a (new) and 22b (new)
22. Regrets the Commission’s failure to always notify Parliament before the cushion is mobilised and deplores the practice of sending letters that arrive after mobilisation; calls on the Commission to always inform Parliament in detail before the cushion funds are mobilised and to take its observations into account, de facto undermining Parliament’s right of scrutiny and impeding the Commission from fully taking into consideration its observations on the nature, objectives and financial amounts envisaged; calls on the Commission to always inform Parliament in detail before the cushion funds are mobilised and to take its observations into account, in line with Recital 71 of the Regulation; 22a. Regrets that the Commission’s use of the cushion does not respect the spirit of Article 17 of the regulation, in particular as concerns the financing of new legislative initiatives; worries that already 80% of the funding available in the Instrument’s cushion for 2021-2027 has been earmarked, with only EUR 1.9 billion (21%) left until 2027; regrets the pre-allocation of 60% of funds for the remaining cushion without considering future anticipated needs has not been taken into account yet, such as the Syrian refugee package; 22b. Recalls the condition of better involvement of Parliament at all stages of governance and implementation of the Instrument laid out for accepting the merge of previous EFIs under the Instrument (2018 Schaake report and 2019 NDICI-Global Europe negotiating mandate); recalls that the Instrument offers the possibility to make legislative amendments to the Regulations, and suggests an in-depth assessment of Parliament’s role in providing strategic steer and scrutiny, or with regard to Parliament’s insufficient involvement in suspension of aid or use of the cushion, as well as regular comitology, which have unrealised potential;
2023/11/09
Committee: AFETDEVE
Amendment 26 #

2023/2029(INI)

Motion for a resolution
Paragraphs 24 and 24a (new)
24. Considers that the current arrangements for reporting on what the EU is doing in any given country, region or thematic area are insufficient and excessively legalistic; calls for pragmatic and swift improvements with regard to updating useful data and for examples of best practices in implementation to be provided to Parliament flexibly and in good time, applying appropriate confidentiality rules where needed; considers the public projects database not to be user friendly and not to help with updated information; underlines that EU investment projects should be subject to evaluation, monitoring and reporting in order to determine their effectiveness and avoid unintended negative impacts; 24a. Calls on the Commission, together with EIB, EBRD and other European DFIs to develop standardised procedures, including ex ante and ex post evaluations and by applying the Commission’s Result Management Framework (ReMF); urges the Commission to publish this Framework and to make sure that DFIs using their own indicators to clearly define them and explain their application and comparability with the ReMF; calls on the Commission to follow-up environmental, social and governance (ESG) standards of all investment projects; calls on the Commission to make the EFSD+ Results Management Framework accessible in order to facilitate scrutiny on progress towards more accountable development finance;
2023/11/09
Committee: AFETDEVE
Amendment 27 #

2023/2029(INI)

Motion for a resolution
Paragraph 25
25. Requests that the MTE be used to the fullest extent possible in order to update either the Instrument or its delegated acts on priority areas and to reassess the validity of the geographic and thematic MIPs, including more prominent conditions relating to compliance with international law, human rights, rule of law and democracy and alignment with the EU’s foreign policy and the application of the associated suspension mechanism, as a last resort, where the foreign policy of an Instrument beneficiary country diverges completely from EU foreign policy; stresses the importance of increasing the visibility of EU actions, notably for its development cooperation efforts; calls therefore for equipping the EEAS and EU delegations with the tools to develop their strategic communication capabilities to better explain EU actions to decision makers and the general public in third countries, and to counter disinformation; calls on the EU to oppose any support to aggressor states and their policies, in particular the Russian Federation in its war of aggression against Ukraine;
2023/11/09
Committee: AFETDEVE
Amendment 28 #

2023/2029(INI)

Motion for a resolution
Paragraph 26
26. Stresses that the MTE should be accompanied by the necessary legislative changes to the Instrument and the IPA III so that the relevant regulations reflect Ukraine and Moldova’s new status as EU candidate countries, and by a new delegated act setting out the specific objectives and priority areas of cooperation for each region; stresses the importance of providing funding through development financing institutions and EIB that targets access to critical raw materials and related actions on skills, infrastructure and regulatory framework in compliance with EIB’s environmental and social standards, as part of shared planning for the development of renewable energies between Europe and its partners in the context of achieving the SDGs;
2023/11/09
Committee: AFETDEVE
Amendment 29 #

2023/2029(INI)

Motion for a resolution
Recital C a (new)
Ca. whereas the COVID-19 pandemic has deepened the already significant SDGs financing gap and caused an overall decline in resources of USD 700 billion, and at the same time a significant increase is needed to respond to the pre- pandemic gap in developing countries; whereas 80% of the cushion has already been used and an increase of it should be considered; whereas the current political and financial leadership of and efforts by the EU are not sufficient for achieving the European Consensus on Development, SDGs, and the goals of the Paris Agreement and addressing other acute global challenges, in particular worsening climate change, the consequences of COVID-19 and violent conflicts, and therefore joint engagement at international level is required to ensure that the Instrument is able to respond to these emerging challenges;
2023/09/15
Committee: AFETDEVE
Amendment 29 #

2023/2029(INI)

Motion for a resolution
Paragraph 27
27. Considers that the geopolitical challenges that emerged with the Russian war of aggression against Ukraine and the growing malign influence and assertiveness of the People’s Republic of China require the Instrument’s budget to be increased considerably; highlights that the challenges are spread all over the world, meaning the EU must increase its geopolitical influence while remaining committed to its values and principles; stresses that it will only be possible to respond to these challenges in a balanced way if the proportion of allocations for each area of the Instrument is kept the same; expresses concern that the EU is losing influence and visibility to alternative offers made by China and Russia; urges the EU to respond to the expectations of and deliver quickly on the political agreements made with partner countries, such as on the Post-Cotonou Agreement, to reinforce its status as a reliable ally in development cooperation and to demonstrate that the international rules-based system can meet contemporary challenges;
2023/11/09
Committee: AFETDEVE
Amendment 31 #

2023/2029(INI)

Motion for a resolution
Recital D
D. whereas project implementation under the Instrument cannot yet be evaluated fully, as it is still in its early stages; whereas the MTE expected in 2024 should assess whether the Instrument contributes to the EU’s strategic interests and effectively promotes its values in partner countries;
2023/09/15
Committee: AFETDEVE
Amendment 33 #

2023/2029(INI)

Motion for a resolution
Recital D a (new)
Da. whereas the European Court of Auditors concluded in 2023 that there are deficiencies in the methods for allocating funds and impact monitoring and that the wide scope of the Instrument may limit the impact, and that improvements are needed in the way development aid is allocated and monitored;
2023/09/15
Committee: AFETDEVE
Amendment 36 #

2023/2029(INI)

Motion for a resolution
Recital D b (new)
Db. whereas the Instrument should be used to form closer and more effective partnerships with third countries that deliver tangible results, based on mutual interest, strategic priorities, structured and effective cooperation, and clear-long term goals; whereas EU-Africa and Neighbourhood relations are of particular strategic importance; whereas efficiency, effectiveness and the development impact of the Instrument are key indicators to track;
2023/09/15
Committee: AFETDEVE
Amendment 38 #

2023/2029(INI)

Motion for a resolution
Recital D c (new)
Dc. whereas since the adoption of the Instrument, geopolitical competition has evolved and increased; whereas this places the Instrument in a new and more urgent light; whereas the Global Gateway is a response to this challenge, aiming to provide a viable and attractive alternative for partner countries that delivers lasting benefits for local communities; whereas there is a need to better communicate and raise the visibility of EU actions in partner countries;
2023/09/15
Committee: AFETDEVE
Amendment 57 #

2023/2029(INI)

Motion for a resolution
Paragraph 4
4. Welcomes the consolidation of most of the EU’s external action in a single Instrument, gradually streamlining and harmonising the numerous previous instruments; is of the opinion, however, that although this simplification has enhanced flexibility and efficiency, it has not been accompanied by sufficient levels of effective accountability; emphasises that the Instrument should provide for an efficient, effective, coherent and inclusive implementation, underpinned by the ‘policy first’ principle and in line with the strategic interests and values of the EU; reiterates its call on the Commission to publish, at least biannually, an aid effectiveness progress report, covering joint planning, joint implementation and joint results frameworks; calls on the Commission to present this progress report to Parliament;
2023/09/15
Committee: AFETDEVE
Amendment 63 #

2023/2029(INI)

Motion for a resolution
Paragraph 5
5. Calls for the MTE to evaluate in depth the Instrument’s capacity to achieve the EU’s overall external policy goals, and particularly the objective of contributing to the promotion of multilateralism and of protecting, promoting and advancing democracy, the rule of law and human rights and fundamental freedoms; calls on the Commission to assess through a critical lens with an appropriate level of informative granularity in evaluating the progress in the implementation of the Instrument, across programmes, spending targets and benchmarks, abstaining from repeating shallow policy positions; stresses that ‘policy first’ should be guided by the principles and objectives set out in the European Consensus on Development, the UN 2030 Agenda for Sustainable Development, the Paris Agreement and the Addis Ababa Action Agenda;
2023/09/15
Committee: AFETDEVE
Amendment 64 #

2023/2029(INI)

Motion for a resolution
Paragraph 5
5. Calls for the MTE to evaluate in depth the Instrument’s capacity to achieve the EU’s overall external policy goals, and particularly the objective of contributing to the promotion of multilateralism and of protecting, promoting and advancing democracy, the rule of law and human rights and fundamental freedoms; expresses deep concern about the escalation of geopolitical turmoil, authoritarian trends and recent global attacks globally on the foundations of democracy and the rule of law; stresses that the EU's external democracy action, implemented under the Instrument, must adjust to a new geopolitical reality marked by competing governance models, in order to better prevent and respond to democratic backsliding;
2023/09/15
Committee: AFETDEVE
Amendment 68 #

2023/2029(INI)

Motion for a resolution
Paragraph 6
6. Calls, in particular, for an honest assessment of the use of Article 42(4) and recital 40 of the Regulation establishing the Instrument, the latter of which states that assistance could be suspended in the event of degradation in democracy, human rights or the rule of law in third countries; underlines the necessity for the EU to take a more principled approach to partner countries that go in the opposite direction when it comes to central values and principles; upholds the suspension of budget support for Ethiopia as a good example in this regard;
2023/09/15
Committee: AFETDEVE
Amendment 73 #

2023/2029(INI)

Motion for a resolution
Paragraph 6 a (new)
6a. Worries that the current financing of assistance for Ukraine through the mobilisation of the Instrument’s cushion, rather than through the appropriate budgetary instrument, risks to exhaust most of it, leaving the Instrument with no ability to respond to unforeseen challenges, and therefore, underlines the need to find sustainable long-term financing solutions, while preserving the ability to cope with future challenges;
2023/09/15
Committee: AFETDEVE
Amendment 77 #

2023/2029(INI)

Motion for a resolution
Paragraph 7
7. Requests that the MTE provide legal and political clarity with regard to the listing of Ukraine, Moldova and Georgia as beneficiaries under the neighbourhood chapter of the Instrument; notes that these countries have become candidates for accession to the EU and should therefore be listed as beneficiaries with the adequate budgetary transfer of bilateral financial envelopes to the Instrument for Pre- accession Assistance (IPA III) Regulation10 , having a distinctive legal basis and policy framework different from the Instrument and the European Neighbourhood Policy, which would reduce the pressure lying on the Instrument; welcomes the Commission’s proposal for a Ukraine facility to meet immediate needs, but stresses the importance of using a long- term instrument; _________________ 10 Regulation (EU) 2021/1529 of the European Parliament and of the Council of 15 September 2021 establishing the Instrument for Pre-Accession assistance (IPA III) (OJ L 330, 20.9.2021, p. 1).
2023/09/15
Committee: AFETDEVE
Amendment 82 #

2023/2029(INI)

Motion for a resolution
Paragraph 8
8. Calls for the MTE to assess, in particular, the extent to which funding has delivered tangible results in Africa; invites the Commission to make better use of the possibility to combine geographic envelopes for the benefit of Pan-African programmes as provided for in Article 4(2), in support of EU-AU commitments; underlines the necessity for the EU to continue to actively support the new African Continental Free Trade Area, also through this Instrument, to spur sustainable economic development, boost job creation, reduce poverty and increase shared prosperity in Africa;
2023/09/15
Committee: AFETDEVE
Amendment 83 #

2023/2029(INI)

Motion for a resolution
Paragraph 8
8. Calls for the MTE to assess, in particular, the extent to which funding has delivered tangible results in Africa; stresses the need to support African partner countries with harnessing the great untapped renewable energy potential on the continent, to accelerate progress on SDG7 in Africa, which will not only boost economic growth, job creation and social development, but also significantly increase the global share of renewables;
2023/09/15
Committee: AFETDEVE
Amendment 99 #

2023/2029(INI)

Motion for a resolution
Paragraph 10
10. Reaffirms the commitment set out in the Instrument to eradicating poverty, fighting inequalities and discrimination and promoting human development; calls in this regard for the full implementation of the EU Gender Action Plan III, as well as the operationalisation of the EU Global Health Strategy and the Youth Action Plan in EU external action; underlines the need to enhance the Union’s efforts to promote and protect human rights in its external action, in view of the mid-term review of the implementation of the EU Action Plan on Human Rights and Democracy;
2023/09/15
Committee: AFETDEVE
Amendment 108 #

2023/2029(INI)

Motion for a resolution
Paragraph 10 a (new)
10a. Stresses that education, including vocational training, should remain a clear priority in the forthcoming programming process, given that it enables developing partner countries to unlock the human capital potential of their young populations and boost not only the human development but also the economic growth, employment and social development of their countries;
2023/09/15
Committee: AFETDEVE
Amendment 112 #

2023/2029(INI)

Motion for a resolution
Paragraph 10 b (new)
10b. Expresses concern about the state of LGBTI rights worldwide; calls on the Commission and the EEAS to intensify efforts to promote and protect the rights of LGBTI persons, including enhanced measures to decriminalise homosexuality;
2023/09/15
Committee: AFETDEVE
Amendment 118 #

2023/2029(INI)

Motion for a resolution
Paragraph 11
11. Reaffirms the commitment outlined in the Instrument to addressing the root causes of irregular migration and forced displacement; is of the opinion that, without prejudice to unforeseen circumstances, the commitment within the Instrument to dedicate an indicative 10 % of the Instrument’s financial envelope to actions supporting the management and governance of migration and forced displacement within the objectives of the Instrument should be respected and that this clause should not be reopened; notes, however, that 14% of the funds committed in 2021 contributed to the migration spending target; expects to receive regular substantial updates on the state of play;
2023/09/15
Committee: AFETDEVE
Amendment 124 #

2023/2029(INI)

Motion for a resolution
Paragraph 11 a (new)
11a. Calls on the Commission to introduce a child policy marker that builds on existing methodology developed in the areas of gender, climate, migration and digitalisation, in order to allow EU institutions and partners to measure and monitor investments in children; stresses that tracking and monitoring of the EU's investment in children is fundamental to show the EU's added value and effectiveness;
2023/09/15
Committee: AFETDEVE
Amendment 126 #

2023/2029(INI)

Motion for a resolution
Paragraph 11 a (new)
11a. Recalls that at least 85 % of new actions implemented under the Instrument should have gender equality as a principal or a significant objective and at least 5 % of these actions should have gender equality and women’s and girls’ rights and empowerment as a principal objective;
2023/09/15
Committee: AFETDEVE
Amendment 130 #

2023/2029(INI)

Motion for a resolution
Paragraph 11 b (new)
11b. Regrets that the current use of the rapid response pillar does not visibly and effectively contribute to promoting EU interests in the world; therefore, requests to consider re-establishing programmatic support to EU’s foreign and security policy objectives during the 2024 MTE;
2023/09/15
Committee: AFETDEVE
Amendment 137 #

2023/2029(INI)

Motion for a resolution
Paragraph 13
13. Recognises the specific role of EU investments, which must reflect the strategic interests of both the EU and our partner countries, and underlines the important part played by the budgetary guarantees in delivering them under the ‘policy first’ principle; highlights the importance of ensuring that the guarantees counterbalance the risk involved in the highest-risk countries for investment so that relevant investment is also directed to them; stresses that the EU should lead by example in this regard, in view of the ongoing debate on the reform of multilateral development banks;
2023/09/15
Committee: AFETDEVE
Amendment 140 #

2023/2029(INI)

Motion for a resolution
Paragraph 13
13. Recognises the specific role of EU investments, which must reflect the strategic interests of both the EU and our partner countries, and underlines the important part played by the budgetary guarantees in delivering them under the ‘policy first’ principle as referred above; highlights the importance of ensuring that the guarantees counterbalance the risk involved in the highest-risk countries for investment so that relevant investment is also directed to them;
2023/09/15
Committee: AFETDEVE
Amendment 143 #

2023/2029(INI)

Motion for a resolution
Paragraph 14
14. Notes the specific role played by the EIB in the European financial architecture for development, as set out in Article 209 of the TFEU and in Article 36 of the Regulation establishing the Instrument, and acknowledges the EIB’s potential to mobilise additional funding that contributes to the Instrument’s objectives; welcomes the creation of EIB Global, which has been operational since 1 January 2022 and sets out to increase the bank’s presence and expertise in developing countries; notes that, since the setting up of the new development branch, the EIB Global has made record use of the dedicated investment window provided by the Instrument, delivering over EUR 10 billion in 2022, notably in support of Ukraine and the Global Gateway; recalls the importance of the EU budget as the sole guarantor for the EIB’s to provide loans outside the EU in support of EU policies; calls for an increase in the guarantees granted to the EIB by the EU budget in order to allow the EU bank to continue to deliver vital public and private sector operations in Ukraine and to expand its activities in the Global South; calls on the EIB to use its position to mobilise investments for sustainable development in line with the purpose and criteria established by the EFSD+; highlights the important role of the EIB in partnering with the Commission to deliver EUR 100 billion of the 300 billion commitment under the Global Gateway strategy; calls on the EIB to continue to strengthen its presence in the field by building on the current approach of co- location within EU delegations, while further exploiting possible synergies with the EBRD and other European DFIs;
2023/09/15
Committee: AFETDEVE
Amendment 150 #

2023/2029(INI)

Motion for a resolution
Paragraph 14 a (new)
14a. Encourages the EIB to continue to actively engage in developing planning, monitoring and evaluation at country level, hand in hand with the EU delegations and through co-financing with development finance institutions; calls for stronger coordination between the Commission and the EEAS and EU delegations to facilitate discussions and cooperation with relevant actors on the ground in order to identify projects which best meet development effectiveness objectives;
2023/09/15
Committee: AFETDEVE
Amendment 153 #

2023/2029(INI)

Motion for a resolution
Paragraph 15
15. Welcomes the ‘open architecture’ of the EFSD+, which was established to support private-sector investments, and calls on the Commission, the EIB, the European Bank for Reconstruction and Development, the Member States and development finance institutions (DFIs) to fully utilise the options provided by the EAG and the relevant investment windows to promote sustainable private-sector investments; recognises additionally the important role of the private sector in generating new investments, employment and financing for development;
2023/09/15
Committee: AFETDEVE
Amendment 154 #

2023/2029(INI)

Motion for a resolution
Paragraph 15
15. Welcomes the ‘open architecture’ of the EFSD+, which was established to support private-sector investments, and calls on the Commission, the EIB, the Member States and development finance institutions (DFIs) to fully utilise the options provided by the EAG and the relevant investment windows to promote sustainable private-sector investments; underlines the need to leverage private sector financing, with a particular focus on SMEs, and calls for increased efforts to address bottlenecks and obstacles to investment;
2023/09/15
Committee: AFETDEVE
Amendment 179 #

2023/2029(INI)

Motion for a resolution
Paragraph 17
17. Welcomes the Global Gateway strategy as a concerted EU response to global challenges; regrets, however, the lack of transparency and of a regulatory framework for the strategy’s governance and implementation within the Instrument’s objectives and prioritiesstresses that massive investments are required in both hard and soft infrastructure in developing countries, from digital, transport and energy networks to health, education and food systems; regrets, however, the lack of transparency and of a regulatory framework for the strategy’s governance and implementation within the Instrument’s objectives and priorities; stresses the need for adequate parliamentary involvement and scrutiny as well as consultation with the business sector and CSOs through a light governance framework that would quickly deliver a boost of investment and visibility of EU in partner countries at the backdrop of a complex geopolitical context;
2023/09/15
Committee: AFETDEVE
Amendment 184 #

2023/2029(INI)

Motion for a resolution
Paragraph 17 a (new)
17a. Calls for clarity as to how the EU financial regulation and public procurement rules apply in the funding of Global Gateway for joint projects in partner developing countries; calls to ensure that the prerogative is always given to the EU and local partner or like- minded countries companies;
2023/09/15
Committee: AFETDEVE
Amendment 185 #

2023/2029(INI)

17b. Regrets the lack of clarity on the financing for the Global Gateway strategy and recalls that such new initiatives should be financed through fresh appropriations and the related upward revision of the Heading 6 ceiling;
2023/09/15
Committee: AFETDEVE
Amendment 186 #

2023/2029(INI)

Motion for a resolution
Paragraph 18 a (new)
18a. Calls for joint action by the EU and Member States to increase effectiveness and maximise resources; encourages the Member States and development financing institutions as well as the EIB and EBRD to play a more active role in Team Europe with financial commitments and joint actions, steered by the European Commission;
2023/09/15
Committee: AFETDEVE
Amendment 191 #

2023/2029(INI)

Motion for a resolution
Paragraph 19
19. Recalls Parliament’s functions of political control and consultation and stresses the role of the high-level geopolitical dialogue in providing general orientations for the implementation of the Instrument; reiterates that Parliament’s positions need to be fully taken into consideration; also reiterates that European Parliament resolutions constitute part of the overall policy framework for the implementation of the Instrument;
2023/09/15
Committee: AFETDEVE
Amendment 198 #

2023/2029(INI)

Motion for a resolution
Paragraph 21 a (new)
21a. Notes with concern the findings of the European Court of Auditors in Special Report 14/2023, which concluded that there are deficiencies in the programming process; expects the Commission and the EEAS to act on the recommendation made by ECA, in order to improve the effectiveness of the Instrument;
2023/09/15
Committee: AFETDEVE
Amendment 201 #

2023/2029(INI)

Motion for a resolution
Paragraph 22
22. Regrets the Commission’s failure to always notify Parliament before the cushion is mobilised and deplores the practice of sending letters that arrive after mobilisation; calls on the Commission to always inform Parliament in detail before the cushion funds are mobilised and to take its observations into account, in line with Recital 71 of the Regulation;
2023/09/15
Committee: AFETDEVE
Amendment 203 #

2023/2029(INI)

Motion for a resolution
Paragraph 23 a (new)
23a. Recalls the condition of better involvement of Parliament at all stages of governance and implementation of the Instrument laid out for accepting the merge of previous EFIs under the Instrument (2018 Schaake report and 2019 NDICI-Global Europe negotiating mandate); recalls that the Instrument offers the possibility to make legislative amendments to the Regulations, and suggests an in-depth assessment of Parliament’s role in providing strategic steer and scrutiny, or with regard to Parliament’s insufficient involvement in suspension of aid or use of the cushion, as well as regular comitology, which have unrealised potential;
2023/09/15
Committee: AFETDEVE
Amendment 204 #

2023/2029(INI)

Motion for a resolution
Paragraph 24
24. Considers that the current arrangements for reporting on what the EU is doing in any given country, region or thematic area are insufficient and excessively legalistic; calls for pragmatic improvements with regard to updating useful data and for examples of best practices in implementation to be provided to Parliament flexibly and in good time, applying appropriate confidentiality rules where needed; considers the public projects database to be useless in this regard as it is not user friendly and does not help with updated information provision;
2023/09/15
Committee: AFETDEVE
Amendment 210 #

2023/2029(INI)

Motion for a resolution
Paragraph 25
25. Requests that the MTE be used to the fullest extent possible in order to update either the Instrument or its delegated acts on priority areas and to reassess the validity of the geographic and thematic MIPs, including more prominent conditions relating to compliance with international law, alignment with the EU’s foreign policy and the application of the associated suspension mechanism, as a last resort, where the foreign policy of an Instrument beneficiary country diverges completely from EU foreign policy; stresses the importance of increasing the visibility of EU actions, notably for its development cooperation efforts; calls therefore for equipping the EEAS and EU delegations with the tools to develop their strategic communication capabilities to better explain EU actions to decision makers and the general public in third countries, and to counter disinformation;
2023/09/15
Committee: AFETDEVE
Amendment 217 #

2023/2029(INI)

26a. Stresses the importance of supporting partner countries efforts to build robust domestic resource mobilisation systems, in order to secure increased domestic funding for development and unlock the potential of developing countries economic development, contributing to poverty reduction and job creation; recognises that corruption in public finance management is a significant obstacle to DRM; supports therefore the Council conclusions of 4 May 2023 on corruption as an obstacle to development, which highlight the importance of incorporating a strong anti-corruption perspective in all EU development efforts;
2023/09/15
Committee: AFETDEVE
Amendment 218 #

2023/2029(INI)

Motion for a resolution
Paragraph 26 a (new)
26a. Stresses the importance of providing funding through development financing institutions and EIB that targets access to critical raw materials and related actions on skills, infrastructure and regulatory framework;
2023/09/15
Committee: AFETDEVE
Amendment 152 #

2023/2028(INI)

Motion for a resolution
Paragraph 9 a (new)
9a. Calls on the Commission and the Member States to take action against the alarming increase in antisemitism in the Union; is of the opinion that the will to accommodate other religious minorities in some cases has created an unjustifiable acceptance of antisemitism;
2023/07/18
Committee: LIBE
Amendment 154 #

2023/2028(INI)

Motion for a resolution
Paragraph 9 b (new)
9b. Reiterate its call on all Member States and the Union institutions and agencies to adopt and apply the working definition of anti-Semitism employed by the International Holocaust Remembrance Alliance (IHRA)1a; _________________ 1a P8_TA(2017)0243
2023/07/18
Committee: LIBE
Amendment 110 #

2023/2010(INI)

Motion for a resolution
Recital A g (new)
A g. whereas the achievement of the SDGs must be achieved through a combination of concessional and non- concessional finance in a mutually reinforcing way;
2023/03/31
Committee: DEVEENVI
Amendment 120 #

2023/2010(INI)

Motion for a resolution
Recital A i (new)
A i. whereas the private sector will continue to play a critical role in the achievement the SDGs, notably on blended finance to fill the growing SDG financing gap;
2023/03/31
Committee: DEVEENVI
Amendment 152 #

2023/2010(INI)

Motion for a resolution
Paragraph 1 a (new)
1 a. Notes with deep concern the violent conflicts that continue to affect many parts of the world, especially the developing countries, and more so the negative spill-overs demonstrated by the war in Ukraine on the other SDGs, particularly exacerbating poverty (SDG 1), food insecurity (SDG 2) and access to affordable energy (SDG 7) which are further amplified by the impact of the health, climate and biodiversity crises; stresses the transformative role and importance of SDG 16 as an 'absolute pre-requisite' for progress on the SDGs; reiterates that peace, diplomacy, and international cooperation are fundamental conditions for the world to progress on the SDGs towards 2030 and beyond;
2023/03/31
Committee: DEVEENVI
Amendment 177 #

2023/2010(INI)

Motion for a resolution
Paragraph 3
3. Notes that the implementation process for almost all the SDGs is lagging and that two consecutive years of regression have been recorded for many indicators9; reaffirms the importance of each SDG and highlights the key challenges that persist for sustainable development, particularly in relation to poverty (SDG 1), hunger (SDG 2), health (SDG 3), education (SDG 4), equality (SDG 5),climate change (SDG 13), oceans (SDG 14) and biodiversity (SDG 15); underlines the strategic role that SDG 10, on reducing inequality, can play in the global implementation of the 2030 Agenda; _________________ 9 UN Sustainable Development Report 2022, ‘From Crisis to Sustainable Development: the SDGs as Roadmap to 2030 and Beyond’: https://resources.unsdsn.org/2022- sustainable-development-report.
2023/03/31
Committee: DEVEENVI
Amendment 186 #

2023/2010(INI)

Motion for a resolution
Paragraph 4
4. Highlights the importance of the 2023 High-Level Political Forum on Sustainable Development and the SDG Summit, which are both due to take place in New York, as opportunities to review progress at the halfway point, which must be the starting point for an intensified effort to achieve the goals by 2030; acknowledges, in this regard, the SDGs being focused on in 2023 (SDGs 6, 7, 9, 11 and 17); stresses that the Global Gateway initative can and should boost much needed sustainable economic growth and job creation, build resilient infrastructure and foster innovation and contribute to ensuring access to affordable, reliable and modern energy in developing countries, in order to advance progress on SDGs 7, 8 and 9; calls therefore on Team Europe to speed up the roll-out of Global Gateway; highlights that SMEs have a critical role in facilitating progress in this regard;
2023/03/31
Committee: DEVEENVI
Amendment 198 #

2023/2010(INI)

Motion for a resolution
Paragraph 5
5. Recognises the EU’s significant role in establishing the 2030 Agenda in 2015 and calls for it to take bold action and provide global leadership by setting an example in the implementation of the SDGs and redoubling its efforts ahead of the deadline; stresses that the EU needs to intensify cooperation and accelerate progress on SDG 17, partnerships for the goals; notes that the EU is uniquely placed to accelerate progress on partnerships, given its proven record as a champion of multilateralism; calls on the EU to increase engagement with regional and local governments, civil society and the private sector;
2023/03/31
Committee: DEVEENVI
Amendment 202 #

2023/2010(INI)

Motion for a resolution
Paragraph 5 a (new)
5 a. Underlines the significant potential of Public-Private-Partnerships and microfinancing towards sustainable development; recognises the Commission’s efforts through the Global Gateway in this regard, to catalyse private sector engagement to leverage investments for a transformational impact in line with the UN’s Agenda 2030 and its Sustainable Development Goals, as well as the Paris Agreement, through private sector finance and expertise and supporting access to sustainable finance;
2023/03/31
Committee: DEVEENVI
Amendment 206 #

2023/2010(INI)

Motion for a resolution
Paragraph 5 b (new)
5 b. Stresses the significance of the growing young population in the Global South for sustainable development; reiterates that access to quality education (SDG 4) including vocational training is a critical tool to enable the continent empower the growing young population; strongly stresses the creation of stronger linkages between education, skills development and employment, to allow access to decent work in the rapidly changing labour market; emphasises that quality education for all must be ensured, regardless of gender, socio-economic status, cultural background and religion;
2023/03/31
Committee: DEVEENVI
Amendment 207 #

2023/2010(INI)

Motion for a resolution
Paragraph 5 c (new)
5 c. Encourages the EU to support the implementation of the AfCFTA, acknowledging the role it plays in boosting trade and investment which in turn will create new opportunities for African countries to create jobs for its growing population; reiterates that trade policy can be an instrument for fostering regional integration and stability, economic development, migration, combating climate change as well as fostering peace and security;
2023/03/31
Committee: DEVEENVI
Amendment 236 #

2023/2010(INI)

Motion for a resolution
Paragraph 8
8. Stresses Parliament’s important role in promoting the SDGs’ implementation through European policies and heightening the goals’ visibility in public discourse; underlines that coordination within and between the EU institutions is essential in order to ensure the EU’s leadership and increase the effectiveness of its efforts to implement the 2030 Agenda; stresses that it is imperative to improve the effectiveness and efficiency of European development policies in order to accelerate SDG implementation in developing countries; calls, therefore, for closer coordination between the EU and its Member States, following a Team Europe approach, to enhance complementarity and maximise the use of existing ODA resources;
2023/03/31
Committee: DEVEENVI
Amendment 271 #

2023/2010(INI)

Motion for a resolution
Paragraph 11
11. Underlines the importance of enhanced cooperation with partners in the Global South, particularly the African Union and civil society representatives, in order to implement the 2030 Agenda globallyCalls for greater commitment and advocates for a new and more effective partnership between the EU and the Southern Neighborhood with strategic priorities, structured and effective cooperation to truly deliver on the UN Sustainable Development Goals (SDGs); stresses, in this regard, sufficient alignment with partner countries’ own efforts and local needs, when it comes to partnerships on development cooperation; calls further for coherence of policies as instruments for fostering sustainable development; advocates for a regular review with partner countries on jointly agreed development objectives in order to address shortcomings;
2023/03/31
Committee: DEVEENVI
Amendment 282 #

2023/2010(INI)

Motion for a resolution
Paragraph 12
12. Stresses, in this regard, that the EU and its Member States must avoid negative spillover effects at the expense of the Global South, which occur as a result of their past economic and technological model; advocates cooperation with global partners to turn any negative spillover effects into virtuous circles; calls for all EU policies to be subject to a mandatory SDG check to provide more insight on and address any negative effects and ensure that change in this area is measurableCalls for the EU to minimise possible contradictions and build synergies with development cooperation policy and to assess on a regular basis the compliance of EU policies with the SDGs;
2023/03/31
Committee: DEVEENVI
Amendment 289 #

2023/2010(INI)

Motion for a resolution
Paragraph 12 a (new)
12 a. Recognises the important role of the ACP-EU partnership notably in fostering sustainable development in ACP countries and ensuring the existence of stronger alliances to tackle global challenges; strongly supports the signing of the new agreement (Post-Cotonou Agreement) which will serve as an opportunity to rejuvenate and strengthen the EU’s relationship with OACPS countries while considering the new realities and global challenges, as well as an opportunity to increase its commitment to sustainable development and climate action, building on the UN 2030 Agenda;
2023/03/31
Committee: DEVEENVI
Amendment 357 #

2023/2010(INI)

Motion for a resolution
Paragraph 17
17. Recalls the broad recognition, when the SDGs were adopted, of the need to ‘go from billions to trillions’ in financing for development; is alarmed by the fact that the SDG financing gap has instead grown from USD 2.5 trillion to USD 4 trillion per year10; notes that governments alone will never meet the scale of financing needed to deliver the SDGs;stresses that private sector investments are critical to bridge the financing gap and advance on the SDGs; _________________ 10 Organisation for Economic Co-operation and Development (OECD), Global Outlook on Financing for Sustainable Development 2023: No Sustainability Without Equity, OECD Publishing, Paris, 2022: https://doi.org/10.1787/fcbe6ce9-en.
2023/03/31
Committee: DEVEENVI
Amendment 374 #

2023/2010(INI)

Motion for a resolution
Paragraph 18
18. Calls for the preparation of an EU financing plan for the SDGs; underlines that the 2030 Agenda should guide all EU financing tools and their programming; calls on the Commission to put forward a proposal for a social taxonomy to complement the green taxonomy and help implement the European Green Deal;
2023/03/31
Committee: DEVEENVI
Amendment 386 #

2023/2010(INI)

Motion for a resolution
Paragraph 18 b (new)
18 b. Calls for the public and private sector to work together to support sustainable development; Calls on the Commission to engage in in-depth discussions and engagement with the private sector to encourage private financing;
2023/03/31
Committee: DEVEENVI
Amendment 412 #

2023/2010(INI)

Motion for a resolution
Paragraph 20 a (new)
20 a. Calls for more effective dissemination of information concerning financing opportunities that may be available to business to support the implementation of SDG strategic plans at local and regional level from the European Investment Bank;
2023/03/31
Committee: DEVEENVI
Amendment 467 #

2023/2010(INI)

Motion for a resolution
Paragraph 23 a (new)
23 a. Strongly advocates for the urgent need for the revitalisation of the global partnerships particularly between governments, the private sector, and civil society in the pursuit of realizing the Agenda 2030; calls for, in this regard, a strong commitment to global partnership and enhanced multistakeholder cooperation for sustainable development;
2023/03/31
Committee: DEVEENVI
Amendment 3 #

2023/0264(BUD)

Draft opinion
Recital B a (new)
Ba. whereas the gap between humanitarian needs and resources is increasing; whereas according to the UN Office for the Coordination of Humanitarian Affairs (OCHA) Financial Tracking Service, only 57 % of funding needs were met in 2022; whereas global humanitarian funding continues to rely heavily on a very limited number of donors, with the ten largest humanitarian donors providing more than 80 % of all funding; whereas the need to expand the resource base for humanitarian action is acute;
2023/07/26
Committee: DEVE
Amendment 12 #

2023/0264(BUD)

Draft opinion
Paragraph 2
2. Notes with great concern that humanitarian aid remains the most strained instrument under Heading 6; warns that ad- hoc solutions through budgetary reinforcements from other funding sources or redeployments and recommitments are not sustainable; calls on the Commission to establish and maintain a solid baseline for predictable and principled humanitarian aid as the trend of growing emergencies is unlikely to slow down; reminds that humanitarian needs in Ukraine will not be covered by the Ukraine Facility proposed in the MFF revision; requests an increase of 1 billion euro to the HUMA budget line, which anticipates the needs predicted by main humanitarian actors and takes into account that the EU humanitarian budget in 2022 reached EUR 2,62 billion after several reinforcements and that similar needs remain for 2024; underlines the urgent need for increased efforts to broaden the resource base for humanitarian action, drawing on the resources of traditional, emerging and potential donors, the private sector as well as other stakeholders; stresses also that there is a need to enhance the effectiveness and efficiency of the humanitarian system and to increase efforts to reduce humanitarian needs; welcomes in this regard the Council Conclusions of 22 May 2023 on addressing the humanitarian funding gap;
2023/07/26
Committee: DEVE
Amendment 12 #

2023/0264(BUD)

Draft opinion
Paragraph 3 a (new)
3a. Insists that the Commission must guarantee that EU funds are not allocated or linked to any form of terrorism and/or religious and political radicalization while ensuring notably that individuals or groups affiliated, linked to, or supporting terrorist organisations are excluded from Union funding; reiterates its position that salaries of education civil servants responsible for drafting and teaching school textbooks paid by Union funds, must be made conditional on full compliance with UNESCO standards of peace and tolerance; is concerned about antisemitism, hate speech and incitement to violence taught in Palestinian school textbooks, funded by the EU; stresses that conditionality of EU financial assistance in the educational sector needs to be duly considered; underlines the importance of proper training of Palestinian teachers, in line with UNESCO education standards.
2023/07/20
Committee: AFET
Amendment 14 #

2023/0264(BUD)

Draft opinion
Paragraph 2 a (new)
2a. Is extremely alarmed by the deepening food insecurity in developing countries, with 345 million people facing acute food insecurity in 2023; calls on the Commission to step up efforts to support partner countries in developing resilient and sustainable agri-food systems, enhancing local food production, and investing in interventions for food security to accelerate progress towards SDG 2; calls on the Commission to continue to provide support to Ukraine on humanitarian mine action, to enable the resumption of agriculture in contaminated areas, as well as to help Ukraine export agricultural goods, in order to alleviate the devastating consequences that Russia's war of aggression is having on global food security;
2023/07/26
Committee: DEVE
Amendment 17 #

2023/0143(COD)

Proposal for a regulation
Recital 5
(5) To ensure the optimal preservation of the data while reducing the administrative burden for the competent authorities, the procedure governing the retention of personal data in the CIS should be simplified by removing the obligation to review data annually and by setting a maximum retention period of fivesix years which can be increased, subject to justification, by an additional period of twohree years. That retention period is necessary and proportionate in view of the typical length of criminal proceedings and the need for the data for the conduct of joint customs operations and of investigations.
2023/11/06
Committee: LIBE
Amendment 29 #

2023/0143(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 9
Council Decision 2009/917/JHA
Article 1 – paragraph 1 – point 9
Personal data entered into the Customs Information System shall be kept only for the time necessary to achieve the aim stated in Article 1(2) and may not be retained for more than fivesix years. However, exceptionally, that data may be kept for an additional period of at most twohree years, where and insofar as a strict need to do so in order to achieve that aim is established in an individual case.
2023/11/06
Committee: LIBE
Amendment 142 #

2023/0135(COD)

Proposal for a directive
Recital 4
(4) Corruption is a transnational phenomenon that affects all societies and economies. Measures adopted at national or Union level, should recognise this international dimension. Diverse manifestations of corruption necessitate a coordinated and harmonized approach among Member States to address its root causes and consequences. Union action should therefore take into account the work of the Group of States against Corruption of the Council of Europe (GRECO), the Organisation for Economic Cooperation and Development (OECD) and the United Nations Office against Drugs and Crime (UNODC).
2023/10/16
Committee: LIBE
Amendment 159 #

2023/0135(COD)

Proposal for a directive
Recital 9 a (new)
(9a) Public Administration made up of civil servants with high ethical standard is a crucial condition for reducing risk of corruption.
2023/10/16
Committee: LIBE
Amendment 205 #

2023/0135(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 1
1. ‘prevention of corruption’ refers to the proactive identification, detection and elimination of the causes of and conditions for corruption, through development and implementation of a comprehensive system of appropriate measures, as well as deterrence against corruption-related acts.
2023/10/16
Committee: LIBE
Amendment 227 #

2023/0135(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 7
7. ‘legal person’ means any entity recognized as having legal personality under the applicable national law, except for States or public bodies in the exercise of State authority and for public international organisations.
2023/10/16
Committee: LIBE
Amendment 253 #

2023/0135(COD)

Proposal for a directive
Article 3 – paragraph 3
3. Member States shall take measures to ensure that key preventive tools such as an open access to information of public interest, effective rules for the disclosure and management of conflicts of interests in the public sector, effective rules for the disclosure and verification of assets of public officials and effective rules regulating the interaction between the private and the public sector are in place. Member States shall adopt and implement an anticorruption strategy and action plan; this shall involve the participation of competent authorities.
2023/10/16
Committee: LIBE
Amendment 266 #

2023/0135(COD)

Proposal for a directive
Article 3 – paragraph 4 – introductory part
4. Member States shall adopt comprehensive and up-to-dateperiodically reviewed measures to prevent corruption in both the public and private sectors, adapted to the specific risks of an area of activity. Such measures shall at least include actions to strengthen integrity and to prevent opportunities for corruption among:
2023/10/16
Committee: LIBE
Amendment 276 #

2023/0135(COD)

Proposal for a directive
Article 3 – paragraph 5 – subparagraph 2 – point b
(b) develop prevention or risk management plans to address the main risks in the sectors identified, in particular where services or acts are most subject to to bribery, exploitation, diversion of funds or personal bias towards third parties.
2023/10/16
Committee: LIBE
Amendment 290 #

2023/0135(COD)

Proposal for a directive
Article 4 – paragraph 1
1. Member States shall take the necessary measures to ensure that one or several bodies, or organisation units specialised in the prevention of corruption is or are in place. These bodies shall cooperate with the corresponding units in other Member States.
2023/10/16
Committee: LIBE
Amendment 313 #

2023/0135(COD)

Proposal for a directive
Article 5 – paragraph 1
Member States shall take the necessary measures to ensure that national authorities competent for the detection, investigation, prosecution or adjudication of the criminal offences referred to in this Directive are consistently and proactively continually provided with an adequate number of qualified staff and the financial, technical and technological resources necessary for the effective performance of their functions related to the implementation of this Directive.
2023/10/16
Committee: LIBE
Amendment 316 #

2023/0135(COD)

Proposal for a directive
Article 5 – paragraph 1 a (new)
Every second year Member States shall asses the implementation of this Directive and resources proven most effective to strengthen the national authorities in the fight against corruption.
2023/10/16
Committee: LIBE
Amendment 320 #

2023/0135(COD)

Proposal for a directive
Article 6 – paragraph 2
2. Each Member State shall take the necessary measures to ensure adequate resources for and the provision of specialised anti-corruption training, this training shall be conducted at regular intervals for its members of law enforcement, the judiciary and the staff of authorities tasked with criminal investigations and proceedings of offences falling within the scope of this Directive.
2023/10/16
Committee: LIBE
Amendment 359 #

2023/0135(COD)

Proposal for a directive
Article 12 – paragraph 1 – point 1
1. the use, directly or through an intermediary, of physical force, threats or intimidation or the promise, offering or giving of an advantage to induce false testimony, cover, destroy or alter documents or evidence, or to interfere in the giving of testimony or the production of evidence in a proceeding concerning any of the offences referred to in Article 7 to 11, 13 and 14;
2023/10/16
Committee: LIBE
Amendment 363 #

2023/0135(COD)

Proposal for a directive
Article 12 – paragraph 1 – point 1 a (new)
1a. the alteration, deletion or interference with digital evidence, electronic records or any other digital data relevant to an investigation or judicial proceeding concerning any of the offences referred to in Article 7 to 11, 13 and 14;
2023/10/16
Committee: LIBE
Amendment 364 #

2023/0135(COD)

Proposal for a directive
Article 12 – paragraph 1 – point 1 b (new)
1b. intentionally influencing, pressuring or coercing witnesses, experts, or any involved parties to abstain from participating, communicating or cooperating with judicial authorities concerning any of the offences referred to in Article 7 to 11, 13 and 14;
2023/10/16
Committee: LIBE
Amendment 444 #

2023/0135(COD)

Proposal for a directive
Article 23 – paragraph 1
Member States shallmust take the necessary measures to ensure that effective investigative tools and anti-corruption training, such as those used in countering organised crime or other serious crimes, are available to persons, units or services responsible for investigating or prosecuting the criminal offences referred to in this Directive.
2023/10/16
Committee: LIBE
Amendment 18 #

2023/0108(COD)

Proposal for a regulation
Recital 2
(2) Managed security services, which are services consisting of carrying out, or providing assistance for, activities relating to their customers’ cybersecurity risk management, including incident prevention, detection, responce or recovery, have gained increasing importance in the prevention and mitigation of cybersecurity incidents. Accordingly, the providers of those services are considered as essential or important entities belonging to a sector of high criticality pursuant to Directive (EU) 2022/2555 of the European Parliament and of the Council8 . Pursuant to Recital 86 of that Directive, managed security service providers in areas such as incident response, penetration testing, security audits and consultancy, play a particularly important role in assisting entities in their efforts to prevent, detect, respond to or recover from incidents. Managed security service providers have however also themselves been the target of cyberattacks and pose a particular risk because of their close integration in the operations of their customers. Essential and important entities within the meaning of Directive (EU) 2022/2555 should therefore exercise increased diligence in selecting a managed security service provider. __________________ 8 Directive (EU) 2022/2555 of the European Parliament and of the Council of 14 December 2022 on measures for a high common level of cybersecurity across the Union, amending Regulation (EU) No 910/2014 and Directive (EU) 2018/1972, and repealing Directive (EU) 2016/1148 (NIS 2 Directive) (OJ L 333, 27.12.2022, p. 80).
2023/09/21
Committee: ITRE
Amendment 23 #

2023/0108(COD)

Proposal for a regulation
Recital 4 a (new)
(4 a) European certification schemes for managed security services should facilitate the use of these services, particularly for smaller entities, including local and regional authorities or SMEs, which often do not have the financial and human capacity to conduct these services by themselves, but are vulnerable to cyber attacks with potentially significant consequences.
2023/09/21
Committee: ITRE
Amendment 25 #

2023/0108(COD)

Proposal for a regulation
Recital 5
(5) In addition to the deployment of ICT products, ICT services or ICT processes, managed security services often provide additional service features that rely on the competences, expertise and experience of their personnel. A very high level of these competences, expertise and experience as well as appropriate internal procedures should be part of the security objectives in order to ensure a very high quality and reliability of the managed security services provided. In order to ensure that all aspects of a managed security service can be covered by a certification scheme, it is therefore necessary to amend Regulation (EU) 2019/881. The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 of the European Parliament and of the Council and delivered an opinion on [DD/MM/YYYY
2023/09/21
Committee: ITRE
Amendment 27 #

2023/0108(COD)

Proposal for a regulation
Recital 5 a (new)
(5 a) Given that the European cybersecurity schemes should certifiy that managed security services are provided by highly-skilled personnel that is able to reliably deliver these services and ensure the highest standards of cybersecurity, it is imperative that there is sufficient availability of highly-qualified personnel in the Union. Yet, the Union is faced with a talent gap, characterized by a shortage of skilled professionals, and a rapidly evolving threat landscape as acknowledged in the Commission communication of 18 April 2023 on the Cybersecurity Skills Academy. It is important to bridge this talent gap by strengthening cooperation and coordination among the different stakeholders, including the private sector, academia, Member States, the Commission and ENISA to scale up and create synergies for the investment in education and training, the development of public-private partnerships, support of research and innovation initiatives, the development and mutual recognition of common standards and certification of cybersecurity skills, including through the European Cyber Security Skills Framework. This should also facilitate the mobility of cybersecurity professionals within the Union.
2023/09/21
Committee: ITRE
Amendment 35 #

2023/0108(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point b
(14a) ‘managed security service’ means a managed service consisting of carrying out, or providing assistance for, activities relating to cybersecurity risk management, including incident presponse, penetration vention, detescting, security audits and consultancon, response, or recovery;
2023/09/21
Committee: ITRE
Amendment 39 #

2023/0108(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 7
Regulation (EU) 2019/881
Article 49 – paragraph 7
(7) in Article 49, paragraph 7 is replaced by the following: 7. The Commission, based on the candidate scheme prepared by ENISA, may adopt implementing acts providing for a European cybersecurity certification scheme for ICT products, ICT services, ICT processes and managed security services which meets the requirements set out in Articles 51, 52 and 54. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 66(2).;deleted
2023/09/21
Committee: ITRE
Amendment 42 #

2023/0108(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 7 a (new)
Regulation (EU) 2019/881
Article 49 – paragraph 7a (new)
(7 a) the following paragraph is inserted: '7a. The Commission, based on the candidate scheme prepared by ENISA, may adopt delegated acts providing for a European cybersecurity certification scheme for managed security services which meets the requirements set out in Articles 51, 52, and 54. Those delegated acts shall be adopted in accordance with the procedure referred to in Article 66a.'
2023/09/21
Committee: ITRE
Amendment 43 #

2023/0108(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/881
Article 51a – paragraph 1 – point b
(b) ensure that the provider has appropriate internal procedures in place to ensure that the managed security services are provided at a very high level of quality and reliability at all times ;
2023/09/21
Committee: ITRE
Amendment 44 #

2023/0108(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/881
Article 51a – paragraph 1 – point g
(g) ensure that the ICT products, ICT services and ICT processes [and the hardware] deployed in the provision of the managed security services are secure by default and by design, are provided with up-to-date software and hardware, do not contain known vulnerabilities and include the latest security updates;;
2023/09/21
Committee: ITRE
Amendment 46 #

2023/0108(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 13 – point b – point ii – point aa
Regulation (EU) 2019/881
Article 56 – paragraph 3 – third subparagraph – point a
(a) take into account the impact of the measures on the manufacturers or providers of such ICT products, ICT services, ICT processes or managed security services and on the users in terms of the cost of those measures and the societal or economic benefits stemming from the anticipated enhanced level of security for the targeted ICT products, ICT services, ICT processes or managed security services;, , including SMEs. The Commission shall ensure that SMEs have access to appropriate financial support in the implementation of the measures through already existing Union programmes;
2023/09/21
Committee: ITRE
Amendment 48 #

2023/0108(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 16 a (new)
Regulation (EU) 2019/881
Article 66a (new)
(16 a) The following Article is inserted: Article 66a (new) Exercise of the delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 49 (7a) shall be conferred on the Commission for a period of 5 years from … [date of entry into force of the basic legislative act or any other date set by the co-legislators]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the 5 year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. 3. The delegation of power referred to in Article 49 (7a) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Article 49 (7a) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by [two months] at the initiative of the European Parliament or of the Council.
2023/09/21
Committee: ITRE
Amendment 120 #

2023/0081(COD)

Proposal for a regulation
Recital 4
(4) To fulfil those commitments, the Union must accelerate its pace of transition to clean energy, notably by increasing energy efficiency and the share of renewable and fossil free energy sources. This will contribute to achieving the EU targets of the European Pillar of Social Rights Action Plan for 2030 of an employment rate of at least 78% and participation in training of at least 60% of adults. It will also contribute to ensuring that the green transition is fair and equitable34 . _________________ 34 Council Recommendation on ensuring a fair transition towards climate neutrality, adopted on 16 June 2022 as part of the Fit for 55 package.
2023/06/23
Committee: ITRE
Amendment 127 #

2023/0081(COD)

Proposal for a regulation
Recital 6
(6) The net-zero transformation is already causing huge industrial, economic, and geopolitical shifts across the globe, which will become ever more pronounced as the world advances in its decarbonisation efforts. The road to net zero translates into strong opportunities for the expansion of Union’s net-zero industry, making use of the strength of the Single Market, by promoting investment in technologies in the field of renewable energy technologies , electricity and heat storage technologies, heat pumps, grid technologies, renewable fuels of non- biological origin technologies, electrolysers and fuel cells, fusion, small modular reactors and related best-in-class fuels, carbon capture, utilisation, and storage technologies, and energy-system related energy efficiency technologies and their supply chainss in technologies paving the way of achieving a net-zero industry, allowing for the decarbonisation of our economic sectors, from energy supply to transport, buildings, and industry. A strong net zero industry within the European Union can help significantly in reaching the Union’s climate and energy targets effectively, as well as in supporting other Green Deal objectives, while creating jobs and growth.
2023/06/23
Committee: ITRE
Amendment 155 #

2023/0081(COD)

Proposal for a regulation
Recital 9
(9) Additional policyIncreased effort is necessary to supportramp up investments in those technologies that are commercially available and have a good potential for rapid scale up to support the Union’s 2030 climate targets, improve the security of supply for net-zero technologies and their supply chains, and safeguard or strengthen the overall resilience and competitiveness of the Union’s energy system. It includes access to a safe and sustainable source of best in class fuels, as described in recital 8 of Commission Delegated Regulation (EU) 2022/1214.
2023/06/23
Committee: ITRE
Amendment 158 #

2023/0081(COD)

Proposal for a regulation
Recital 10
(10) To achieve the 2030 objectives a particular focus is needed on some of the net-zero technologies, also in view their significant contribution towards the path to net zero by 2050. These technologies include solar photovoltaic and solar thermal technologies, onshore and offshore renewable technologies, battery/storage technologies, heat pumps and geothermal energy technologies, electrolysers and fuel cells, sustainable biogas/biomethane, carbon capture and storage technologies and grid technologies. These technologiesthat play a key role in the Union’s open strategic autonomy, ensuring that citizens have access to clean, affordable, secure energy. Given their rolimportance, these technologies should benefit from even faster permitting procedures, obtain the status of the highest national significance possible under national law and benefit from additional support to crowd-in investments.
2023/06/23
Committee: ITRE
Amendment 177 #

2023/0081(COD)

Proposal for a regulation
Recital 12
(12) In 2020 the European Commission adopted an EU strategy for energy system integration. It set out a vision on how to accelerate the transition towards a more integrated energy system, one that supports a climate neutral economy at the least cost across sectors. It encompasses three complementary and mutually reinforcing concepts: first, a more ‘circular’ energy system, with energy efficiency at its core; second, a greater direct electrification of end-use sectors; third, the use of renewable and low-carbon fuels, including hydrogen, for end-use applications where direct heating or electrification are not feasible, not efficient or have higher costs. Considerations related to energy system integration refer to solutions for fully integrating all the electricity generated by renewable energy installations into the wider energy system. This means, for instance, adopting technical solutions that allow for the integration of surplus electricity generated by renewable electricity installations, including through storage and by expanding plannable fossil free power sources in the grid, in its various forms and demand- side management.
2023/06/23
Committee: ITRE
Amendment 205 #

2023/0081(COD)

Proposal for a regulation
Recital 15
(15) By defining CO2 storage sites that contribute to the Union’s 2030 target as net-zero strategictechnology projects, the development of CO2 storage sites can be accelerated and facilitated, and the increasing industrial demand for storage sites can be channelled towards the most- cost-effective storage sites. An increasing volume of depleting gas and oil fields that could be converted in safe CO2 storage sites are at the end of their useful production lifetime. In addition, the oil and gas industry has affirmed its determination to embark on an energy transition and possesses the assets, skills and knowledge needed to explore and develop additional storage sites. To reach the Union’s target of 50 million tonnes of annual operational CO2 injection capacity by 2030, the sector needs to pool its contributions to ensure that carbon capture and storage as a climate solution is available ahead of demand. In order to ensure a timely, Union-wide and cost-effective development of CO2 storage sites in line with the EU objective for injection capacity, licensees of oil and gas production in the EU should contribute to this target pro rata of their oil and gas manufacturing capacity, while providing flexibilities to cooperate and take into account other contributions of third parties.
2023/06/23
Committee: ITRE
Amendment 222 #

2023/0081(COD)

Proposal for a regulation
Recital 18
(18) Considering these objectives together, while also taking into account that for certain elements of the supply chain (such as inverters, as well as solar cells, wafers, and ingots for solar PV or cathodes and anodes for batteries) the Union manufacturing capacity is low, the Union net-zero technologies annual capacity should aim at approaching or reaching an overall annual manufacturing benchmark of at least 40% of annual deployment needs by 2030 for the technologies listed in the Annex .deleted
2023/06/23
Committee: ITRE
Amendment 241 #

2023/0081(COD)

Proposal for a regulation
Recital 22
(22) Member States should submit updated drafts of their 2021-2030 National Energy and Climate Plans (NECPs) in June 202340 . As emphasised in the Commission’s Guidance to Member States for the update of the 2021-2030 national energy and climate plans41 , the updated plans should describe Member States’ objectives and policies to facilitate the scale-up of manufacturing projects of commercially available energy efficient and low-carbon technologies, equipment and key components within their territory. Those plans should also describe Member States’ objectives and policies to achieve such scale-up through diversification efforts in third countries, and to enable their industries to capture and store CO2 emissions permanently in geological storage sites. These national energy and climate plans should form the basis upon which the need for net-zero technologies are determined. _________________ 40 Member States shall update their national plans for 2021-2030 by June 2023 (draft plans) and June 2024 (final plans). See Article 14 and requirements of Chapter 2 and Annex I of the Regulation (EU) 2018/1999. 41 Commission Notice on the Guidance to Member States for the update of the 2021- 2030 national energy and climate plans 2022/C 495/02, (OJ C 495, 29.12.2022, p. 24).
2023/06/23
Committee: ITRE
Amendment 244 #

2023/0081(COD)

Proposal for a regulation
Recital 23
(23) In addition, the Communication on the Green Deal Industrial Plan for the Net-Zero Age42 sets out a comprehensive approach to support a clean energy technology scale up based on four pillars. The first pillar aims at creating a regulatory environment that simplifies and fast-tracks permitting for new net- zero technology manufacturing and assembly sites and facilitates the scaling up of the net-zero industry of the Union. The second pillar of the plan is to boost investment in and financing of net-zero technology production, through the revised Temporary Crisis and Transition Framework adopted in March 2023 and the creation of a European Sovereignty fund to preserve the European edge on critical and emerging technologies relevant to the green and digital transitions. The third pillar relates to developing the skills needed to make the transition happen and increase the number of skilled workers in the clean energy technology sector. The fourth pillar focuses on trade and the diversification of the supply chain of critical raw materials. That includes creating a critical raw materials club, working with like-minded partners to collectively strengthen supply chains and diversifying away from single suppliers for critical input. _________________ 42 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions: A Green Deal Industrial Plan for the Net-Zero Age, COM/2023/62 final, 01.02.2023.deleted
2023/06/23
Committee: ITRE
Amendment 286 #

2023/0081(COD)

Proposal for a regulation
Recital 36
(36) When designing schemes benefitting households or consumers which incentivise the purchase of net-zero technology final products listed in the Annex, Member States, regional or local authorities, bodies governed by public law or associations formed by one or more such authorities or one or more such bodies governed by public law, should ensure the respect of the Union’s international commitments, including by ensuring that schemes do not reach a magnitude that causes serious prejudice to the interest of WTO members.
2023/06/23
Committee: ITRE
Amendment 303 #

2023/0081(COD)

Proposal for a regulation
Recital 41
(41) Where private investment alone is not sufficient, the effective roll-out of net- zero manufacturing projects may, as a measure of last resort, require public support in the form of State aid. Such aid must have an incentive effect and be necessary, appropriate and proportionate. The existing State aid guidelines that have recently undergone an in-depth revision in line with the twin transition objectives provide ample possibilities to support investments for projects in the scope of this Regulation subject to certain conditions. Member States can have an important role in easing access to finance for net-zero technologies manufacturing projects by addressing market failures through targeted State aid support. The Temporary Crisis and Transition Framework (TCTF) adopted on 9 March 2023 aims at ensuring a level playing field within the internal market, targeted to those sectors where a third- country delocalisation risk has been identified, and proportionate in terms of aid amounts. It would enable Member States to put in place measures to support new investments in production facilities in defined, strategic net-zero sectors, including via tax benefits. The permitted aid amount can be modulated with higher aid intensities and aid amount ceilings if the investment is located in assisted areas, in order to contribute to the goal of convergence between Member States and regions. Appropriate conditions are required to verify the concrete risks of diversion of the investment outside the European Economic Area (EEA) and that there is no risk of relocation within the EEA. To mobilise national resources for that purpose, Member States may use a share of the ETS revenues that Member States have to allocate for climate-related purposes.
2023/06/23
Committee: ITRE
Amendment 312 #

2023/0081(COD)

Proposal for a regulation
Recital 44
(44) InvestEU is the EU flagship programme to boost investment, especially the green and digital transition, by providing financing and technical assistance, for instance through blending mechanisms. Such approach contributes to crowd in additional public and private capital. In addition, Member States are encouraged to contribute to the InvestEU Member State compartment to support financial products available to net-zero technology manufacturing, without prejudice to applicable State aid rules. , without distorting competition and fragmenting the internal market while avoiding crowding out private investments.
2023/06/23
Committee: ITRE
Amendment 319 #

2023/0081(COD)

Proposal for a regulation
Recital 45
(45) Member States can provide support from cohesion policy programmes in line with applicable rules under Regulation (EU) 2021/1060 of the European Parliament and of the Council57 to encourage the take up of net-zero strategictechnology projects in less developed and transition regions through investment packages of infrastructure, productive investment in innovation, manufacturing capacity in SMEs, services, training and upskilling measure, including support to capacity building of the public authorities and promoters. The applicable co-financing rates set in programmes may be up to 85% for less developed regions and up to 60% or 70% for transition regions depending on the fund concerned and the status of the region but Member States may exceed these ceilings at the level of the project concerned, where feasible under State aid rules. The Technical Support Instrument can help Member States and regions in preparing net-zero growth strategies, improve the business environment, reducing red tape and accelerating permitting. Member States should be encouraged to promote the sustainability of net-zero strategictechnology projects by embedding these investments in European value chains, building notably on interregional and cross border cooperation networks. _________________ 57 Regulation (EU) 2021/1060 of the European Parliament and of the Council of 24 June 2021 laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, the Just Transition Fund and the European Maritime, Fisheries and Aquaculture Fund and financial rules for those and for the Asylum, Migration and Integration Fund, the Internal Security Fund and the Instrument for Financial Support for Border Management and Visa Policy (OJ L 231, 30.6.2021, p. 159).
2023/06/23
Committee: ITRE
Amendment 325 #

2023/0081(COD)

Proposal for a regulation
Recital 46
(46) The Innovation Fund also provides a very promising and cost efficient avenue to support the scaling up of manufacturing and deployment of renewable hydrogen and other strategic net zero technologies in Europe, thus reinforcing Europe’s sovereignty in key technologies for climate action and energy security.
2023/06/23
Committee: ITRE
Amendment 326 #

2023/0081(COD)

Proposal for a regulation
Recital 47
(47) A European Sovereignty Fund would provide a structural answer to the investment needs. It will help preserving a European edge on critical and emerging technologies relevant to the green and digital transitions, including net-zero technologies. This structural instrument will build on experience of coordinated multi-country projects under the IPCEIs and seek to enhance all Member States’ access to such projects, thereby safeguarding cohesion and the Single Market against risks caused by unequal availability of State Aids.deleted
2023/06/23
Committee: ITRE
Amendment 337 #

2023/0081(COD)

Proposal for a regulation
Recital 48
(48) To overcome the limitations of the current fragmented public and private investments efforts, facilitate integration and return on investment, the Commission, and Member States should better coordinate and create synergies between the existing funding programmes at Union and national level as well as ensure better coordination and collaboration with industry and key private sector stakeholders. The Net-Zero Europe Platform has a key role to play to build a comprehensive view of available and relevant funding opportunities and to discuss the individual financing needs of net-zero strategictechnology projects.
2023/06/23
Committee: ITRE
Amendment 342 #

2023/0081(COD)

Proposal for a regulation
Recital 49
(49) In order for net-zero technology manufacturing projects to be deployed or expanded as quickly as possible to ensure the Union’s security of supply for net-zero technologies, it is important to create planning and investment certainty by keeping the administrative burden on project promoters to a minimum. For that reason, permit-granting processes of the Member States for net zero technology manufacturing projects should be streamlined, whilst at the same time ensuring that such projects are safe, secure, environmentally performant, and comply with environmental, social and safety requirements. Union environmental legislation sets common conditions for the process and content of national permit- granting processes, thereby ensuring a high level of environmental protection. Being granted the status of Net-Zero Strategic Project should be without prejudice to any applicable permitting conditions for the relevant projects, including those set out in Directive 2011/92/EU of the European Parliament and of the Council58 , Council Directive 92/43/EEC59 , Directive 2000/60/EC of the European Parliament and of the Council60 , Directive 2004/35/EC of the European Parliament and of the Council61 , and Directive (EU) 2010/75 of the European Parliament and of the Council62 . _________________ 58 Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment (OJ L 26, 28.1.2012, p. 1). 59 Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7). 60 Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1). 61 Directive 2004/35/CE of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage (OJ L 143, 30.4.2004, p. 56). 62 Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (recast) (OJ L 334, 17.12.2010, p. 17).
2023/06/23
Committee: ITRE
Amendment 352 #

2023/0081(COD)

Proposal for a regulation
Recital 50
(50) At the same time, the unpredictability, complexity and at times, excessive length of national permit- granting processes undermines the investment security needed for the effective development of net-zero technologies manufacturing projects. Therefore, in order to ensure and speed up their effective implementation, Member States should apply streamlined and predictable permitting procedures. In addition, Net-Zero StrategicTechnology Projects should be given priority status at national level to ensure rapid administrative treatment and urgent treatment in all judicial and dispute resolution procedures relating to them, without preventing competent authorities to streamline permitting for other net-zero technologies manufacturing projects that are not Net- Zero Strategic Projects or more generally. Existing relevant EU legislation should be assessed and adapted in order to ensure that it does not negate the anticipated effects of the Net-Zero Industry Act.
2023/06/23
Committee: ITRE
Amendment 355 #

2023/0081(COD)

Proposal for a regulation
Recital 51
(51) Given their role in ensuring the Union’s security of supply for net-zero technologies, and their contribution to the Union’s open strategic autonomy and the green and digital transition, responsible permitting authorities should consider Net- Zero StrategicTechnology Projects to be in the public interest. Based on its case-by-case assessment, a responsible permitting authority may conclude that the public interest served by the project overrides the public interests related to nature and environmental protection and that consequently the project may be authorised, provided that all relevant conditions set out in Directive 2000/60/EC, Directive 92/43/EEC and Directive 2009/147/EC63 are met. _________________ 63 Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7–25).
2023/06/23
Committee: ITRE
Amendment 357 #

2023/0081(COD)

Proposal for a regulation
Recital 52
(52) In order to reduce complexity and increase efficiency and transparency, project promoters of net-zero technologies manufacturing projects should be able to interact with a single national authority responsible for coordinating the entire permit granting process and issuing a comprehensive decision within the applicable time limit. To that end, Member States should designate a single national competent authority. Depending on a Member State’s internal organisation, it should be possible for the tasks of the national competent authority s to be delegated to a different authority, subject to the same conditions. To ensure the effective implementation of their responsibilities, Member States should provide their national competent authority, or any authority acting on their behalf, with sufficient personnel and resources.
2023/06/23
Committee: ITRE
Amendment 364 #

2023/0081(COD)

Proposal for a regulation
Recital 53
(53) In order to ensure clarity about the permitting status of Net-Zero StrategicTechnology Projects and to limit the effectiveness of potential abusive litigation, while not undermining effective judicial review, Member States should ensure that any dispute concerning permit granting process is resolved in a timely manner. To that end, national competent authorities should ensure that applicants and project promoters have access to a simple dispute settlement procedure and that Net-Zero StrategicTechnology Projects are granted urgent treatment in all judicial and dispute resolution procedures relating to them while ensuring respect for the rights of defence.
2023/06/23
Committee: ITRE
Amendment 367 #

2023/0081(COD)

Proposal for a regulation
Recital 55
(55) Net-zero technology manufacturing projects undergo lengthy and complex permitting procedures of 2-7 years, depending on the Member State, technology and value chain segment. Considering the size of required investments – in particular for gigafactory- size projects which are needed to reach the expected economies of scale – inadequate permitting creates an additional and often detrimental barrier to increase net-zero technology manufacturing capacity in the Union. In order to provide project promoters and other investors with the security and clarity needed to increase development of net-zero technologies manufacturing projects, Member States should ensure that the permit-granting process related to such projects does not exceed pre-set time limits. For Net ZMembero Strategic Projects the length of the permit-granting process should not exceed twelve months for facilities with a yearly production output of more than 1 GW, and 9 months for those with a yearly production output of less than 1 GW. For all other net-zero technology manufacturing projects, the length of the permit-granting process should not exceed eighteen months for facilities with a yearly production output of more than 1 GW, and twelve months for those with a yearly production output of less than 1 GW. For net-zero technologies for which the GW metric is not relevant, such as grids and carbon capture and storage (CCS) or carbon capture and usage (CCU) technologies, the upper limits of the aforementioned deadlines should apply. For the expansion of existing production lines, each of the aforementioned time limits should be halveds shall speed up granting procedures for net zero technology projects, such granting procedures shall be handled with priority.
2023/06/23
Committee: ITRE
Amendment 375 #

2023/0081(COD)

Proposal for a regulation
Recital 56
(56) In addition, given the importance of Net Zero StrategicTechnology Projects for the Union’s energy supply certain administrative restrictions should be partly lifted or simplified to speed up their implementation.
2023/06/23
Committee: ITRE
Amendment 383 #

2023/0081(COD)

Proposal for a regulation
Recital 62
(62) Net-zero regulatory sandboxes can be an important tool to promote innovation in the field of net-zero technologies and regulatory learning. Innovation needs to be enabled through experimentation spaces as scientific outcomes need to be tested in a controlled real-word environment. Regulatory sandboxes should be introduced to test innovative net-zero technologies in a controlled environment for a limited amount of time It is appropriate to strike a balance between legal certainty for participants in the Net- Zero regulatory sandboxes and the achievement of the objectives of Union law. As Net-Zero regulatory sandboxes must in any case comply with the essential requirements on Net-Zero technology laid out in Union and national law, it is appropriate to provide that participants , who comply with the eligibility requirements for Net-Zero regulatory sandboxes and who follow, in good faith, the guidance provided by the competent authorities and the terms and conditions of the plan agreed with those authorities, are not subject to any administrative fines or penalties. This is justified as the safeguards in place will, in principle, ensure effective compliance with Union or Member State law on the Net-Zero technology supervised in the regulatory sandboxes. The Commission will publish a Guidance for Sandboxes document in 2023 as announced in the New European Innovation Agenda to support Member States in preparing the net zero technology sandboxes. Those innovative technologies could eventually be essential to achieve the Union’s climate neutrality objective, ensure the security of supply and resilience of the Union’s energy system, and consequently enter the scope of strategic net-zero technologies.
2023/06/23
Committee: ITRE
Amendment 386 #

2023/0081(COD)

Proposal for a regulation
Recital 63
(63) An overall benchmark and iIndicative objectives for the manufacturing of key net-zero technology products in the European Union are put forward in order to help tackle import dependency and vulnerability concerns and ensure the Union’s climate and energy targets are met.
2023/06/23
Committee: ITRE
Amendment 391 #

2023/0081(COD)

Proposal for a regulation
Recital 65
(65) Since strengthening the manufacturing capacity of key net-zero technologies in the Union will not be possible without a sizeable skilled workforce, it is necessary to introduce measures to facilitate the access of skilled workforce from third countries to the EU labour market and to boost the activation of more people to the labour market, notably women and young people not in employment, education or training (NEETs), including via skills first approaches as a complement to qualifications-based recruitment. In addition, in line with the objectives of the Council Recommendation on ensuring a fair transition towards climate-neutrality, specific support for job-to-job transition for workers in redundant and declining sectors are important. This means investing in skills and in quality job creation required for net-zero technologies in the Union. Building on and fully taking into account existing initiatives such as the EU Pact for Skills, EU level activities on skills intelligence and forecasting, such as by the European Centre for the Development of Vocational Training (Cedefop) and the European Labour Authority, and the Blueprints for sectoral cooperation on skills, the objective is to mobilise all actors: Member States authorities, including at regional and local levels, education and training providers, social partners and industry, in particular SMEs, to identify skills needs, develop education and training programmes and deploy these at large scale in a fast and operational manner. Net-zero strategic projects have a key role to play in this regard. Member States and the Commission may ensure financial support including by leveraging the possibilities of the Union budget through instruments such as the European Social Fund Plus, Just Transition Fund, European Regional Development Funds, the Recovery and Resilience Facility, the Modernisation Fund, REPowerEU and the Single Market Programme.
2023/06/23
Committee: ITRE
Amendment 392 #

2023/0081(COD)

Proposal for a regulation
Recital 65
(65) Since strengthening the manufacturing capacity of key net-zero technologies in the Union will not be possible without a sizeable skilled workforce, it is necessary to introduce measures to boost the activation of more people to the labour market, notably women and young people not in employment, education or training (NEETs), including via skills first approaches as a complement to qualifications-based recruitment. In addition, in line with the objectives of the Council Recommendation on ensuring a fair transition towards climate-neutrality, specific support for job-to-job transition for workers in redundant and declining sectors are important. This means investing in skills and in quality job creation required for net-zero technologies in the Union. Building on and fully taking into account existing initiatives such as the EU Pact for Skills, EU level activities on skills intelligence and forecasting, such as by the European Centre for the Development of Vocational Training (Cedefop) and the European Labour Authority, and the Blueprints for sectoral cooperation on skills, the objective is to mobilise all actors: Member States authorities, including at regional and local levels, education and training providers, social partners and industry, in particular SMEs, to identify skills needs, develop education and training programmes and deploy these at large scale in a fast and operational manner. Net-zero strategictechnology projects have a key role to play in this regard. Member States and the Commission may ensure financial support including by leveraging the possibilities of the Union budget through instruments such as the European Social Fund Plus, Just Transition Fund, European Regional Development Funds, the Recovery and Resilience Facility, the Modernisation Fund, REPowerEU and the Single Market Programme.
2023/06/23
Committee: ITRE
Amendment 395 #

2023/0081(COD)

Proposal for a regulation
Recital 68
(68) Where the learning programmes developed by the European net-zero industry academies lead to credentials that would be of assistance to persons seeking access to a profession that is regulated, Member States should, in order to facilitate the mobility in strategic net-zero industry professions, accept these credentials as sufficient proof of the knowledge, skills and competences to which they attest.
2023/06/23
Committee: ITRE
Amendment 400 #

2023/0081(COD)

Proposal for a regulation
Recital 69
(69) At Union level, a Net-Zero Europe Platform, should be established, composed of the Member States and chaired by the Commission. The Net-Zero Europe Platform may advise and assist the Commission and Member States on specific questions and provide a reference body, in which the Commission and Member States coordinate their action and facilitate the exchange of information on issues relating to this Regulation. The Net- Zero Europe Platform should further perform the tasks outlined in the different Articles of this Regulation, notably in relation to permitting, including one-stop shops, Net-Zero StrategicTechnology Projects, coordination of financing, access to markets and skills as well as innovative net-zero technologies regulatory sandboxes. Where necessary, the Platform may establish standing or temporary subgroups and invite third parties, such as experts or representatives from net-zero industries.
2023/06/23
Committee: ITRE
Amendment 407 #

2023/0081(COD)

Proposal for a regulation
Recital 71
(71) The Union should aim to diversify and deepen international trade and investments in net- zero technologies in order to mimimize supply chain distortions and to promote globally high social and environmental standards should be done in close cooperation and partnership with like-minded countries. Similarly, stronger research and innovation efforts to develop and deploy net-zero technologies should be pursued in close cooperation with partner countries in an open but assertive approach.
2023/06/23
Committee: ITRE
Amendment 420 #

2023/0081(COD)

Proposal for a regulation
Article 1 – paragraph 1
1. This Regulation establishes the framework of measures for innovating and scaling up the manufacturing capacity of net-zero technologies in the Union to support the Union’s 2030 target of reducing net greenhouse gas emissions by at least 55 % relative to 1990 levels and the Union’s 2050 climate neutrality target, as defined by Regulation (EU) 2021/1119, enhance the Union's competitivness and to ensure the Union’s access to a secure and sustainable supply of net-zero technologies neecrucial in ordedr to safeguard the resilience of the Union’s energy system and to contribute to the creation of quality jobs.
2023/06/23
Committee: ITRE
Amendment 428 #

2023/0081(COD)

Proposal for a regulation
Article 1 – paragraph 2 – point a
a) that by 2030, manufacturing capacity in the Union of the strategic net- zero technologies listed in the Annex approaches or reaches a benchmark of at least 40% of the Union’s annual deployment needs for the corresponding technologieapproaches levels necessary to achieve the Union’s 20350 climate and energy targets;
2023/06/23
Committee: ITRE
Amendment 439 #

2023/0081(COD)

Proposal for a regulation
Article 1 – paragraph 2 – point b
b) the free movement of net zero technologies placed on the internal Single market.
2023/06/23
Committee: ITRE
Amendment 471 #

2023/0081(COD)

Proposal for a regulation
Article 2 – paragraph 1
This Regulation applies to net-zero technologies, except for Articles 26 and 27 of this Regulation, which apply to innovative net-zero as well as components and materials needed for the production and operation of these technologies. Raw materials processed materials or components falling under the scope of Regulation (EU) …/… [add footnote with publication references of the Critical Raw Materials Regulation] shall be excluded from the scope of this Regulation.
2023/06/23
Committee: ITRE
Amendment 476 #

2023/0081(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point a
(a) ‘net-zero technologies’ means renewable energy technologies66 ; electricity and heat storage technologies; heat pumps; grid technologies; renewable fuels of non-biological origin technologies; sustainable alternative fuels technologies67 ; electrolysers and fuel cells; advanced technologies to produce energy from nuclear processes with minimal waste from the fuel cycle, small modular reactors, and related best-in- class fuels; carbon capture, utitechnologies contributing to the objectives of the Union's clismation, and storage technologies; and energy- system related energy efficiency technologies. They refer to the final products, specific components and specific machinery primarily used for the production of those products. They shall have reached a technology readiness level of at least 8. _________________ 66 ‘renewable energy' means ‘renewable energy’ as defined in Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources 67 ‘sustainable alternative fuels’ means fuels covered by the Proposal for a Regulation of the European Parliament and of the Council on ensuring a level playing field for sustainable air transport, COM/2021/561 final and by the Proposal for a Regulation of the European Parliament and Council on the use of renewable and low-carbon fuels in maritime transport COM/2021/562 final.e and energy targets with a total lifetime emissions not exceeding 100 g CO2e/kWh
2023/06/23
Committee: ITRE
Amendment 478 #

2023/0081(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point a
(a) ‘net-zero technologies’ means renewable energy technologies66 ; electricity and heat storage technologies; heat pumps; grid technologies; renewable fuels of non-biological origin technologies; sustainable alternative fuels technologies67 ; electrolysers and fuel cells; advanced technologies to produce energy from nuclear processes with minimal waste from the fuel cycle, small modular reactors, and related best-in- class fuels; carbon capture, utilisation, and storage technologies; and energy- system related energy efficiency technologies. They refer to the final products, specific components and specific machinery primarily used for the production of those products. They shall have reached a technology readiness level of at least 8. _________________ 66 ‘renewable energy' means ‘renewable energy’ as defined in Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources 67 ‘sustainable alternative fuels’ means fuels covered by the Proposal for a Regulation of the European Parliament and of the Council on ensuring a level playing field for sustainable air transport, COM/2021/561 final and by the Proposal for a Regulation of the European Parliament and Council on the use of renewable and low-carbon fuels in maritime transport COM/2021/562 finalany technology that contributes to realize the climate objectives of the European Green Deal, including for example renewable technologies, nuclear technologies and hydropower technologies.
2023/06/23
Committee: ITRE
Amendment 556 #

2023/0081(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point e
(e) ‘net-zero strategic project’ means a net-zero technology manufacturing project located in the Union that complies with the criteria set out in Article 10;deleted
2023/06/23
Committee: ITRE
Amendment 568 #

2023/0081(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point h
(h) ‘project promoter’ means any undertaking or consortium of undertakings developing a net-zero technology manufacturing project or a net-zero strategic project;
2023/06/23
Committee: ITRE
Amendment 575 #

2023/0081(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point j
(j) ‘technology readiness level’ means a method of estimating the maturity of technologies, according to the classification used by the International Energy Agency;deleted
2023/06/23
Committee: ITRE
Amendment 609 #

2023/0081(COD)

Proposal for a regulation
Article 4 – paragraph 1
1. By …[3 months after the date of entry into force of this Regulation], Member States shall designate one national competent authority which shall be responsible for facilitating and coordinating the permit-granting process for net-zero technology manufacturing projects, including for net-zero strategic projects, and to provide advice on reducing administrative burden in line with Article 5.
2023/06/23
Committee: ITRE
Amendment 645 #

2023/0081(COD)

Proposal for a regulation
Article 4 – paragraph 7
7. Member States shall ensure that the national competent authority responsible for the entire permit-granting processes, including all procedural steps, has a sufficient number of qualified staff and sufficient financial, technical and technological resources necessary, including for up- and re-skilling, for the effective performance of its tasks under this Regulation.deleted
2023/06/23
Committee: ITRE
Amendment 661 #

2023/0081(COD)

Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Member States shall provide the following information on administrative processes relevant to net-zero technology manufacturing projects, including net zero strategic projects, online and in a centralised and easily accessible manner:
2023/06/23
Committee: ITRE
Amendment 671 #

2023/0081(COD)

Proposal for a regulation
Article 6 – paragraph 1 – introductory part
1. The permit-granting process for net-zero technology manufacturing projects shall not exceed any of the following time limitsbe prioritized and aim at not exceeding:
2023/06/23
Committee: ITRE
Amendment 753 #

2023/0081(COD)

Proposal for a regulation
Article 8 – paragraph 1
1. When preparing plans, including zoning, spatial plans and land use plans, national, regional and local authorities shall, where appropriate, include in those plans provisions for the development of net-zero technology manufacturing projects, including net-zero strategictechnology projects. Priority shall be given to artificial and built surfaces, industrial sites, brownfield sites, and, where appropriate, greenfield sites not usable for agriculture and forestry.
2023/06/23
Committee: ITRE
Amendment 756 #

2023/0081(COD)

2. Where plans include provisions for the development of net-zero technology manufacturing projects, including net-zero strategictechnology projects, are subject to an assessment pursuant to Directive 2001/42/EC and pursuant to Article 6 of Directive 92/43/EEC, those assessments shall be combined. Where relevant, that combined assessment shall also address the impact on potentially affected water bodies and verify whether the plan potentially prevent a water body from achieving good status or good potential or cause deterioration of status or of potential referred to in Article 4 of Directive 2000/60/EC or would potentially hamper that a water body achieves good status or good potential. Where relevant Member States are required to assess the impacts of existing and future activities on the marine environment, including land-sea interactions, as referred to in Article 4 of Directive 2014/89/EU, these impacts shall also be covered by the combined assessment.
2023/06/23
Committee: ITRE
Amendment 767 #

2023/0081(COD)

Proposal for a regulation
Chapter II – Section II – title
II Net-zero strategictechnology projects
2023/06/23
Committee: ITRE
Amendment 768 #

2023/0081(COD)

Proposal for a regulation
Article 10
[...]deleted
2023/06/23
Committee: ITRE
Amendment 775 #

2023/0081(COD)

Proposal for a regulation
Article 10 – paragraph 1 – introductory part
1. Member States shall recognise as net- zero strategic projects net-zero technology manufacturing projects corresponding to a technology listed in the Annextechnology projects corresponding to a technology which contributes to the Union's climate and energy goals, these technologies shall have lifetime emissions limit not exceeding 100g CO2e/kWh and located in the Union that contributes to the realisation of the objectives set out in Article 1 of this Regulation and meet at least one of the following criteria:
2023/06/23
Committee: ITRE
Amendment 861 #

2023/0081(COD)

Proposal for a regulation
Article 11
1. Applications for recognition of net-zero technology projects as net-zero strategic projects shall be submitted by the project promoter to the relevant Member State. 2. The application referred to in paragraph 1 shall contain all of the following: (a) relevant evidence related to the fulfilment of the criteria laid down in Article 10(1) or (2); (b) a business plan evaluating the financial viability of the project consistent with the objective of creating quality jobs. 3. Member States shall assess the application referred to in paragraph 1 through a fair and transparent process within a month. The absence of a decision by Member States within that time frame shall constitute an approval of the project. 4. The Commission may provide its opinion on the approved projects. In the case of a rejection of the application by a Member State, the applicant shall have the right to submit the application to the Commission, which shall assess the application within 20 working days. 5. Where the Commission, following its assessment in accordance with paragraph 4, confirms the rejection of the application by the Member State, it shall notify the applicant of its conclusion in the form of a letter. Where the Commission differs in its assessment from the Member State, the Net-Zero Europe Platform shall discuss the project in question. 6. Where the Commission or a Member State finds that a net-zero strategic project has undergone substantial changes or that it no longer fulfils the criteria set out in Article 10(1) or 10(3), or where its recognition was based on an application containing incorrect information, it shall inform the project promoter concerned. After hearing the project promoter, the Member State may repeal the decision granting a project the status of net-zero strategic project. 7. Projects which are no longer recognised as net-zero strategic project shall lose all rights connected to that status under this Regulation. 8. The Commission shall set up and maintain an openly available registry of net-zero strategic projects.Article 11 deleted Application and recognition
2023/06/23
Committee: ITRE
Amendment 887 #

2023/0081(COD)

Proposal for a regulation
Article 12 – title
12 Priority status of net-zero strategictechnology projects
2023/06/23
Committee: ITRE
Amendment 908 #

2023/0081(COD)

Duration of the permit-granting process 1. The permit-granting process for net- zero strategic projects shall not exceed any of the following time limits: (a) 9 months for the construction of net- zero strategic projects with a yearly manufacturing capacity of less than 1 GW; (b) 12 months for the construction of net- zero strategic projects, with a yearly manufacturing capacity of more than 1 GW; (c) 18 months for all necessary permits to operate a storage site in accordance with Directive 2009/31/EC. 2. For net-zero strategic technologies for which a yearly manufacturing capacity is not measured in GW, the permit-granting process shall not exceed a time limit of 12 months. 3. For the expansion of manufacturing capacity in existing manufacturing facilities, the time limits referred to in paragraphs 1 and 2 shall be halved. 4. National competent authorities shall ensure that the lack of reply of the relevant administrative bodies within the applicable time limits referred to in this Article results in the specific intermediary steps to be considered as approved, except where the specific project is subject to an environmental impact assessment pursuant to Council Directive 92/43/EEC or Directive 2000/60/EC, Directive 2008/98/EC, Directive 2009/147/EC, Directive 2010/75/EU, 2011/92/EU or Directive 2012/18/EU or a determination of whether such environmental impact assessment is necessary and the relevant assessments concerned have not yet been carried out, or where the principle of administrative tacit approval does not exist in the national legal system. This provision shall not apply to final decisions on the outcome of the process, which are to be explicit. All decisions shall be made publicly available.Article 13 deleted for net-zero strategic projects
2023/06/23
Committee: ITRE
Amendment 942 #

2023/0081(COD)

Proposal for a regulation
Article 14 – paragraph 1
1. The Commission and the Member States shall undertake activities to accelerate and crowd-in private investments in net-zero strategictechnology projects. Such activities may, without prejudice to Article 107 and Article 108 of the TFEU, include providing and coordinating support to net-zero strategic projects facing difficulties in accessing finance. The Platform should in particular focus on the effects on the iternal market and report any breaches of state aid rules.
2023/06/23
Committee: ITRE
Amendment 957 #

2023/0081(COD)

Proposal for a regulation
Article 14 – paragraph 2 – introductory part
2. Member States may provide administrative support to net-zero strategictechnology projects to facilitate their rapid and effective implementation, including by providing:
2023/06/23
Committee: ITRE
Amendment 978 #

2023/0081(COD)

Proposal for a regulation
Article 15 – paragraph 1
1. The Net-Zero Europe Platform as established in Article 28 shall discuss financial needs and bottlenecks of net-zero strategictechnology projects, potential best practices, in particular to develop EU cross-border supply chains, notably based on regular exchanges with the relevant industrial alliances.
2023/06/23
Committee: ITRE
Amendment 987 #

2023/0081(COD)

Proposal for a regulation
Article 15 – paragraph 2 – introductory part
2. The Net-Zero Europe Platform shall, at the request of the net-zero strategictechnology project promoter, discuss and advise on how the financing of its project can be completed, taking into account the funding already secured and considering at least the following elements:
2023/06/23
Committee: ITRE
Amendment 1174 #

2023/0081(COD)

Proposal for a regulation
Article 19 – paragraph 1
1. Contracting authorities or contracting entities shall base the award of contracts for net-zero technology listed in the Annex in a public procurement procedure on the most economically advantageous tender, which shall include the best price-quality ratio, comprising at least the sustainability and resilience contribution of the tender, in compliance with Directives 2014/23/EU, 2014/24/EU, or 2014/25/EU and applicable sectoral legislation, as well as with the Union’s international commitments, including the GPA and other international agreements by which the Union is bound.
2023/06/23
Committee: ITRE
Amendment 1285 #

2023/0081(COD)

Proposal for a regulation
Article 21 – paragraph 1
1. Without prejudice to Articles 107 and 108 of the Treaty and Article 4 of Directive 2018/200173 and in line with the Union’s international commitments, when deciding to set up schemes benefitting households or consumers which incentivise the purchase of net-zero technology final products listed in the Annex, Member States, regional or local authorities, bodies governed by public law or associations formed by one or more such authorities or one or more such bodies governed by public law, shall design them in such a way as to promote the purchase by beneficiaries of net-zero technology final products with a high sustainability and resilience contribution as referred in Article 19(2), by providing additional proportionate financial compensation. _________________ 73 Directive 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources
2023/06/23
Committee: ITRE
Amendment 1304 #

2023/0081(COD)

Proposal for a regulation
Article 22 – paragraph 2
2. The Commission shall make available and regularly update a list of each of the net-zero technology final products listed in the Annex, broken down by the share of Union supply originating in different third countries in the last year for which data is available.deleted
2023/06/23
Committee: ITRE
Amendment 1323 #

2023/0081(COD)

Proposal for a regulation
Article 23 – paragraph 1 – point c
(c) develop and deploy credentials, including micro-credentials, to facilitate the transparency of skills acquired and enhance the access of skilled workforce from third countries to the EU labour market, the transferability between jobs and the cross-border mobility of the workforce, and to promote matching with relevant jobs through tools such as the European Employment Services (EURES) network and EURAXESS.
2023/06/23
Committee: ITRE
Amendment 1329 #

2023/0081(COD)

Proposal for a regulation
Article 23 – paragraph 2
2. European Net Zero Industry Academies shall counter gender stereotypes and pay particular attention to the need to facilitate the access of skilled workforce from third countries to the EU labour market and to activate more women and young people, who are not in education, employment or training for the labour market.
2023/06/23
Committee: ITRE
Amendment 1520 #

2023/0081(COD)

Proposal for a regulation
Annex I
Strategic net-zero technologies [...]deleted
2023/06/23
Committee: ITRE
Amendment 1524 #

2023/0081(COD)

Proposal for a regulation
Annex I – table 1
1. Solar photovoltaic and solar thermal technologies 2. Onshore wind and offshore renewable technologies 3. Battery/storage technologies 4. Heat pumps and geothermal energy technologies 5. Electrolysers and fuel cells 6. Sustainable biogas/biomethane technologies 7. Carbon Capture and storage (CCS) technologies 8. Grid technologies deleted
2023/06/23
Committee: ITRE
Amendment 118 #

2023/0079(COD)

Proposal for a regulation
Recital 2
(2) Given the complexity and the transnational character of critical raw material value chains, uncoordinated national measures to ensure a secure and sustainable supply of critical raw materials have a high potential of distorting competition and fragmenting the internal market. Therefore, to safeguard the functioning of the internal market, a common Union framework should be created to collectively address this central challenge through effective permit procedures, an increased domestic extraction and diversified trade.
2023/05/26
Committee: ITRE
Amendment 130 #

2023/0079(COD)

Proposal for a regulation
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 indicative 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. 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.
2023/05/26
Committee: ITRE
Amendment 144 #

2023/0079(COD)

Proposal for a regulation
Recital 5 a (new)
(5a) The global demand for critical raw materials is projected to exceed supply in the near future, making it vital for the Union to create a level playing field for innovative and sustainable alternatives to critical raw materials. This requires not only investments in research but also the creation of market conditions that allow renewable substitutes to compete with traditional fossil materials.
2023/05/26
Committee: ITRE
Amendment 155 #

2023/0079(COD)

Proposal for a regulation
Recital 6
(6) To strengthen Union capacities along the strategic raw materials value chain, indicative 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 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 Council29and 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. _________________ 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 )
2023/05/26
Committee: ITRE
Amendment 170 #

2023/0079(COD)

Proposal for a regulation
Recital 9
(9) In order to build capacities in the Union, the Commission should, with the support of the Board, identify Strategic Projects in the Union that intend to become active in the extraction, processing or recycling of strategic raw materials, or in the development and scale-up of substitutes to strategic raw materials. Effective support to Strategic Projects has the potential to improve access to materials for downstream sectors as well as to create economic opportunities along the value chain, including for SMEs, and contribute to the creation of employment. Therefore, to ensure the development of Strategic Projects across the Union, such projects should benefit from streamlined and predictable permitting procedures and support in gaining access to finance. In order to focus support and ensure their added value, projects should, before receiving such support, be assessed against a set of criteria. Strategic Projects in the Union should strengthen the Union's security of supply for strategic raw materials, show sufficient technical feasibility and be implemented in an environmentally and socially sustainable manner. They should also provide cross- border benefits beyond the Member State concerned. Where the Commission assesses these criteria to be fulfilled, it should publish the recognition as a Strategic Project in a decision. As a speedy recognition is key to effectively supporting the Union's security of supply, the assessment process should remain light and not overly burdensome.
2023/05/26
Committee: ITRE
Amendment 312 #

2023/0079(COD)

Proposal for a regulation
Article 1 – paragraph 2 – point a – introductory part
(a) strengthen the different stages of the strategic raw materials value chain with a view to ensure that, by 2030, Union capacities for each strategic raw material have significantly increased so that, overall, Union capacity approaches or reaches the following indicative benchmarks:
2023/05/26
Committee: ITRE
Amendment 345 #

2023/0079(COD)

Proposal for a regulation
Article 1 – paragraph 2 – point c
(c) improve the Union's ability to monitor and mitigate the supply risk related to critical raw materials both in the short term and long term perspective;
2023/05/26
Committee: ITRE
Amendment 356 #

2023/0079(COD)

Proposal for a regulation
Article 1 – paragraph 2 – point d a (new)
(da) encourage research, innovation and scalability of substitute raw materials with a lower environmental footprint;
2023/05/26
Committee: ITRE
Amendment 386 #

2023/0079(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 6
(6) ‘extraction’ means the primary or secondary extraction of ores, minerals and plant products, both as main and by- products, from their original source, including from a mineral occurrence underground, mineral occurrence under water, sea brine and trees;
2023/05/26
Committee: ITRE
Amendment 410 #

2023/0079(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 30
(30) ‘large company’ means any company that had more than 1500 employees on average and had a net worldwide turnover of more than EUR 152000 million in the last financial year for which annual financial statements have been prepared;
2023/05/26
Committee: ITRE
Amendment 444 #

2023/0079(COD)

Proposal for a regulation
Article 3 – paragraph 3
3. The Commission shall review and, if necessary, update the list of strategic raw materials by [OP please insert: fourtwo years after the date of entry into force of this Regulation], and every 4 fourtwo years thereafter.
2023/05/26
Committee: ITRE
Amendment 480 #

2023/0079(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point c
(c) the project would be implemented sustainably, in particular as regards the monitoring, prevention and minimisation of environmental impacts, the use of socially responsible practices including respect of human and labour rights, quality jobs potential and meaningful engagement with local communities and relevant social partners, and the use of transparent business practices with adequate compliance policies to prevent and minimise risks of adverse impacts on the proper functioning of public administration, including corruption and bribery according to EU and national legislation;
2023/05/26
Committee: ITRE
Amendment 489 #

2023/0079(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point d
(d) for projects in the Union, the establishment, operation or production of the project would have cross-border benefits beyond the Member State concerned, including for downstream sectors;deleted
2023/05/26
Committee: ITRE
Amendment 495 #

2023/0079(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point e
(e) for projects in third countries that are emerging markets or developing economies, the project would be mutually beneficial for the Union and the third country concerned by adding value in that country. while ensuring that the project would be implemented sustainably, in particular as regards the monitoring, prevention and minimisation of environmental impacts, the use of socially responsible practices including respect of human and labour rights, quality jobs potential and meaningful engagement with local communities and relevant social partners, and the use of transparent business practices with adequate compliance policies to prevent and minimise risks of adverse impacts on the proper functioning of public administration, including corruption and bribery;
2023/05/26
Committee: ITRE
Amendment 553 #

2023/0079(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point 1 – paragraph 2 (new)
Member States shall ensure high priority for Strategic Projects and that they are considered a public interest thoughout the planning and permitting granting process.
2023/05/26
Committee: ITRE
Amendment 558 #

2023/0079(COD)

Proposal for a regulation
Article 7 – paragraph 2
2. With regard to the environmental impacts addressed in Articles 6(4) and 16(1)(c) of Directive 92/43/EEC, Article 4(7) of Directive 2000/60/EC and Article 9(1)(a) of Directive 2009/147/EC, Strategic Projects in the Union shall bMember States shall ensure throughout the process from permitting to operation that Strategic Projects are considered as being ofoverriding public interest or serving public health and safety, and may be considered as having an overriding public interest provided that all the conditions set out in those Directives are fulfilled in individual cases when balancing the provisions of Articles 6(4) and 16(1)(c) of Directive 92/43/EEC, Article 4(7) of Directive 2000/60/EC and Article 9(1)(a) of Directive 2009/147/EC.
2023/05/26
Committee: ITRE
Amendment 561 #

2023/0079(COD)

Proposal for a regulation
Article 7 – paragraph 6
6. The Board may request additional information from project promoters relevant to the implementation of the Strategic Project at any moment.deleted
2023/05/26
Committee: ITRE
Amendment 567 #

2023/0079(COD)

Proposal for a regulation
Article 7 – paragraph 9
9. The project promoter shall establish and regularly update a dedicated projectthe company website website with relevant information about the Strategic Project, including information on the environmental, social and economic impacts and benefits associated with the Strategic Project. The website shall be freely accessible to the public and shall be available in a language or languages that can be easily understood by the local population.
2023/05/26
Committee: ITRE
Amendment 611 #

2023/0079(COD)

Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
Where an environmental impact assessment must be carried out for a Strategic Project in accordance with Articles 5 to 9 of Directive 2011/92/EU, the relevant project promoter shallcan request an opinion to the national competent authority referred to in Article 8(1) on the scope and level of detail of the information to be included in the environmental impact assessment report under Article 5(1) of that Directive.
2023/05/26
Committee: ITRE
Amendment 617 #

2023/0079(COD)

Proposal for a regulation
Article 11 – paragraph 5
5. Paragraph 1 of this Article shall not apply to the permit granting process for Strategic Projects that had entered in the permit granting process before the being granted the status of Strategic Project. Paragraphs 2 to 4 of this Article shall apply to the permit granting process for Strategic Projects that had entered in the permit granting process before being granted the status of Strategic Project only to the extent that the steps addressed in those paragraphs have not yet been completed.deleted
2023/05/26
Committee: ITRE
Amendment 683 #

2023/0079(COD)

Proposal for a regulation
Article 18 – paragraph 5 – subparagraph 1
Member States shall make the information on their mineral occurrences containing critical raw materials gathered through the measures set out in the national programmes referred to in paragraph 1 publicly available upon a free access websitereasoned request. This information shall, where applicable, include the classification of the identified occurrences using the United Nations Framework Classification for Resources.
2023/05/26
Committee: ITRE
Amendment 764 #

2023/0079(COD)

Proposal for a regulation
Article 25 – paragraph 1 – point a
(a) increase the collection, sorting and processing of waste with high critical raw materials recovery potential and ensure their introduction into the appropriate recycling system, with a view to maximising the availability and quality of recyclable material as an input to critical raw material recycling facilities;
2023/05/30
Committee: ITRE
Amendment 783 #

2023/0079(COD)

Proposal for a regulation
Article 25 – paragraph 1 – point c
(c) increase the use of secondary and substitute critical raw materials in manufacturing, including, where appropriate, by taking recycled and substitute content into account in award criteria related to public procurement;
2023/05/30
Committee: ITRE
Amendment 786 #

2023/0079(COD)

Proposal for a regulation
Article 25 – paragraph 1 – point d
(d) increase the technological maturity of recycling technologies for critical raw materials and to promote materials efficiency and the substitution of critical raw materials in applications, at least by including support actions to that effect under national research & innovation programmes; Member States shall share relevant information and best practices related to such measures with the Critical Raw Materials Board established under Article 35. Where feasible, measures related to increasing the technological maturity of recycling technologies, materials efficiency and substitution of critical raw materials are encouraged to be taken in cooperation with other Member States.
2023/05/30
Committee: ITRE
Amendment 824 #

2023/0079(COD)

Proposal for a regulation
Article 27 – paragraph 3
3. From [OP please insert: 3 years after the date of entry into force of this Regulation], any natural or legal person that places on the market products referred to in paragraph 1 incorporating one or more permanent magnets of the types referred in paragraph 1, point (b), points (i) to (iii), shall ensure that a data carrier is present on or in the product. The information shall be complete, up-to-date and accurate.
2023/05/30
Committee: ITRE
Amendment 829 #

2023/0079(COD)

Proposal for a regulation
Article 27 – paragraph 7 – subparagraph 1
The information referred to in paragraph 3 shall be complete, up-to-date and accurate and shall remain available for a period at least equal to the product’s typical lifetime plus ten years, including a. After an insolvency, a liquidation or a cessation of activity in the Union of the responsible natural or legal person, the Commission shall be responsible for accessibility of the information referred to in paragraph 3.
2023/05/30
Committee: ITRE
Amendment 883 #

2023/0079(COD)

Proposal for a regulation
Article 33 – paragraph 1 – point a – point i
(i) improving the Union's security of supply in a short and long term perspective;
2023/05/30
Committee: ITRE
Amendment 1113 #

2023/0079(COD)

Proposal for a regulation
Annex III – point 4 – introductory part
4. Whether a project in a third country fulfils the criterion referred to in Article 5(1), point (c), shall be assessed taking into account a project’s compliance with the following Union legislation or international instruments:
2023/05/26
Committee: ITRE
Amendment 1137 #

2023/0079(COD)

Proposal for a regulation
Annex III – point 5
5. Whether a project in the Union fulfils the criterion referred to in Article 5(1), point (d), shall be assessed taking into account: (a) whether companies from different Member States participate in the project; (b) whether potential off-takers are located also in more than one Member State; (c) effects on the availability of strategic raw materials for downstream users in more than one Member State.deleted
2023/05/26
Committee: ITRE
Amendment 276 #

2023/0077(COD)

Proposal for a regulation
Recital 30
(30) Where Member States decide to support publicly financed new investments (“direct price support schemes”) in low carbon, non-fossil fuel electricity generation to achieve the Union’s decarbonisation objectives, those schemes should be structured by way of two-way contracts for difference such as to include, in addition to a revor equivalent mechanisms achieving the same goals. Such two-way contracts for differenuce guarantee, an upward limitation of the market revenues of the generation assets concernedshall be allocated through a voluntary, competitive, open, transparent, non- discriminatory and cost-effective procedure, in accordance with State Aid Rules, preventing undue distortions to the efficient functioning of the electricity markets. New investments for the generation of electricity should include investments in new power generating facilities, and may also include investments aimed at repowering existing power- generating facilities, investments aime and at extending existing power -generating facilities or at prolongif the increase of power generation capacity is substantial. Market participants should be free to take part ing their lifetime tendering procedures for two-way contracts for differences or other similar arrangements.
2023/05/25
Committee: ITRE
Amendment 307 #

2023/0077(COD)

Proposal for a regulation
Recital 38 a (new)
(38a) Moreover, there is a need to enhance the regulatory framework to guarantee long-term deployment of sufficient flexible capacity. Therefore the Commission should conduct a comprehensive assessment of the current framework, focusing on its effectiveness in incentivising investments in flexible capacity necessary for reaching the Union’s climate and renewable energy targets. If appropriate, the Commission should accompany the report with a legislative proposal.
2023/05/25
Committee: ITRE
Amendment 352 #

2023/0077(COD)

Proposal for a regulation
Recital 53
(53) Public interventions in price setting for the supply of electricity constitute, in principle, a market-distortive measure. Such interventions may therefore only be carried out as public service obligations and are subject to specific conditions. Under this Directive regulated prices are possible for energy poor and vulnerable households, including below costs, and, as a transition measure, for households and micro-enterprises. In times of crisis, when wholesale and retail electricity prices increase significantly, and this is having a negative impact on the wider economy, Member States should be allowed to extend, temporarily, the application of regulated prices also to SMEs. For both households and SMEs, Member States should be temporarily allowed to set regulated prices below costs as long as this does not create distortion between suppliers and suppliers are compensated for the costs of supplying below cost. However, it needs to be ensured that such price regulation is targeted and does not create incentives to increase consumption. Hence, such price regulation should be 100% for vulnerable households, while should be limited to 80% of median household consumption for the other households, and 70% of the previous year’s consumption for SMEs. The Commission should determine when such an electricity price crisis exists and consequently when this possibility becomes applicable. The Commission should also specify the validity of that determination, during which the temporary extension of regulated prices applies, which may be for up to one year. To the extent that any of the measures envisaged by the present Regulation constitute State aid, the provisions concerning such measures are without prejudice to the application of Articles 107 and 108 TFEU. Member States should refrain from implementing uncoordinated extraordinary measures, such as an inframarginal revenue cap, which already demonstrated their inefficiency in the past, especially because it has led to diverse and contrasting implementation across Member States, increasing investors’ uncertainty and jeopardising investments in renewables, and ultimately threatening security of supply and Union decarbonisation targets.
2023/05/25
Committee: ITRE
Amendment 367 #

2023/0077(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a
Regulation (EU) 2019/943
Article 1, paragraph b a (new)
(ba) consider the electricity sector as part of integrated energy systems planning and operation of the energy system as a whole, across multiple energy carriers, infrastructures, and consumption sectors, by creating stronger links between them with the objective of delivering affordable, reliable and resource-efficient energy services, at the least possible cost for society
2023/05/25
Committee: ITRE
Amendment 372 #

2023/0077(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b
Regulation (EU) 2019/943
Article 1 – point e
(e) support long-term investments in renewablfossil free energy generation and enable consumers’ to make their energy bills less dependent from fluctuations of short-term electricity market prices, in particular fossil fuel prices in the medium to long-term.
2023/05/25
Committee: ITRE
Amendment 396 #

2023/0077(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2 Regulation (EU) 2019/943
(75) ‘virtual hub’ means a non- physical region covering more than one bidding zone for which an index price is set in application of a methodology;deleted
2023/05/25
Committee: ITRE
Amendment 450 #

2023/0077(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/943
Article 7a, paragraph 1
1. Without prejudice to Article 40(5) and and when an energy crisis situation is declared in accordance with the article 66a 40(6) of the Electricity Directive, transmission system operators may procure peak shaving products in order to achieve a reduction of electricity demand during peak hours.
2023/05/25
Committee: ITRE
Amendment 500 #

2023/0077(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/943
Article 7b, paragraph 1
1. “Member States shall allow transmission system operators and distribution system operators to use data from dedicated metering devices for the observability and settlement of demand response and flexibility services, including from storage systems.deleted
2023/05/25
Committee: ITRE
Amendment 508 #

2023/0077(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/943
Article 7b, paragraph 2
2. Member States shall establish requirements for a dedicated metering device data validation process to check and ensure the quality of the respective data.;deleted
2023/05/25
Committee: ITRE
Amendment 533 #

2023/0077(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a a (new)
(aa) Intraday market operators shall be obliged to submit all bids and offers for intraday products, or products with essentially the same characteristics as intraday products, for single matching via the shared order book immediately and at all times after the orders have been received from market participants, irrespective of and also after the intraday cross-zonal gate closure time.
2023/05/25
Committee: ITRE
Amendment 584 #

2023/0077(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 6
Regulation (EU) 2019/943
Article 10a
5a. (6 a) This regulation does not imply any cap on market revenues obtained from the generation of electricity if an electricity price crisis is declared.
2023/05/25
Committee: ITRE
Amendment 900 #

2023/0077(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 d – paragraph 1
Based on the report of the regulatory authority pursuant to Article 19c(1), each Member State shall define an indicative national objective fortarget for flexibility such as demand side response, firm capacity and storage. This indicative national objectivetarget shall be complemented with a plan for the decarbonisation of flexibility technologies. This target shall also be reflected in Member States’ integrated national energy and climate plans as regards the dimension ‘Internal Energy Market’ in accordance with Articles 3, 4 and 7 of Regulation (EU) 2018/1999 and in their integrated biennial progress reports in accordance with Article 17 of Regulation (EU) 2018/1999. The target shall be complemented by a roadmap for ensuring sufficient investments in flexibility in different timeframes (seasonal, weekly, daily, hourly).
2023/05/25
Committee: ITRE
Amendment 919 #

2023/0077(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 e – paragraph 1
1. Member States which apply a capacity mechanism in accordance with Article 21 shall consider the promotion of the participation of non-fossil flexibility such as demand side response and, storage and flexible generation by introducing additional criteria or features in the design of the capacity mechanism.
2023/05/25
Committee: ITRE
Amendment 936 #

2023/0077(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 e – paragraph 2
2. Where the measures introduced in accordance with paragraph 1 to promote the participation of non-fossil flexibility such as demand response and, storage and flexible generation in capacity mechanisms are insufficient to achieve the flexibility needs identified in accordance with19d, Member States may apply flexibility support schemes consisting of payments for the available capacity of non- fossil flexibility such as demand side response and, storage and flexible generation.
2023/05/25
Committee: ITRE
Amendment 961 #

2023/0077(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 f – paragraph 1
Flexibility support scheme for non-fossil flexibility such as demand response and, storage and flexible generation applied by Member States in accordance with Article 19e(2) and (3) shall:
2023/05/25
Committee: ITRE
Amendment 974 #

2023/0077(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 1 – paragraph 1 – point 9
(b) be limited to new investments in non-fossil flexibility such as demand side response and storage;
2023/05/25
Committee: ITRE
Amendment 309 #

2023/0053(COD)

Proposal for a directive
Article 6 – paragraph 1 – point a – paragraph 2 – indent 1
– two-wheel vehicles or three, three- or four-wheel vehicles with a maximum design speed of not more than 45 km/h (excluding those with a maximum design speed under or equal to 25 km/h);
2023/09/26
Committee: TRAN
Amendment 348 #

2023/0053(COD)

Proposal for a directive
Article 7 – paragraph 1 – point a
(a) 16 years for categories AM, A1 and B1;
2023/09/26
Committee: TRAN
Amendment 349 #

2023/0053(COD)

Proposal for a directive
Article 7 – paragraph 1 – point a a (new)
(aa) 15 years for category AM;
2023/09/26
Committee: TRAN
Amendment 439 #

2023/0053(COD)

Proposal for a directive
Article 9 – paragraph 4 – subparagraph 1 – point c
(c) vehicles of category B with a maximum authorised mass of 2 500 kg and a maximum speed physically limited to 45 km/h by drivers below 21 years old holding a driving licence granted for category B1AM.
2023/09/26
Committee: TRAN
Amendment 73 #

2023/0046(COD)

Proposal for a regulation
Recital 3
(3) To achieve those targets, there is a need for policies to speed up and lower the costs of the deployment of very high- capacity fixed and wireless networks across the Union, including proper planning, coordination and the reduction of administrative burdens, while keeping costs for public authorities low.
2023/07/07
Committee: ITRE
Amendment 90 #

2023/0046(COD)

Proposal for a regulation
Recital 11
(11) This Regulation aims to strengthen and harmonise rights and obligations applicable across the Union to accelerate the roll-out of very high capacity networks and cross-sector coordination, while respecting the different constitutional structures of Member States, including regional and local self-government and the principle of procedural autonomy of Member States. Due to the persistent fragmentation of electronic communications markets in individual national markets, undertakings providing or authorised to provide electronic communications networks are unable to achieve economies of scale. This can have a strong downstream effect on cross-border trade and services provision, since many services can only be provided where an adequately performant network is in place across the Union. While ensuring an improved level playing field, this Regulation does not prevent national measures in compliance with Union law that serve to promote the joint use of existing physical infrastructure or enable a more efficient deployment of new physical infrastructure by complementing the rights and obligations laid down in this Regulation. For example, Member States could extend provisions on civil works coordination also to privately funded projects or require that more information on physical infrastructure or planned civil works is provided to a single information point in electronic format, provided that they do not violate Union law including the provisions of this Regulation.
2023/07/07
Committee: ITRE
Amendment 92 #

2023/0046(COD)

Proposal for a regulation
Recital 12
(12) To ensure legal certainty, including regarding specific regulatory measures imposed under Directive (EU) 2018/1972, under Title II, Chapters II to IV and Directive 2002/77/EC36 , the provisions of these directives and their national implementations should prevail over this Regulation. _________________ 36 Commission Directive 2002/77/EC of 16 September 2002 on competition in the markets for electronic communications networks and services (OJ L 249, 17.9.2002, p. 21).
2023/07/07
Committee: ITRE
Amendment 101 #

2023/0046(COD)

Proposal for a regulation
Recital 15
(15) In particular, taking into account the fast development of providers of wireless physical infrastructure such as ‘tower companies’, and their increasingly significant role as providers of access to physical infrastructure suitable to install elements of wireless electronic communications networks, such as 5G, the definition of ‘network operator’ should be extended beyond undertakings providing or authorised to provide electronic communications networks and operators of other types of networks, such as transport, gas or electricity, to include undertakings providing associated facilities, which thus become subject to all the obligations and benefits set out inshall also fall under the scope of theis Regulation, except the provisions regarding in-building physical infrastructure and access.
2023/07/07
Committee: ITRE
Amendment 102 #

2023/0046(COD)

(15a) According to the basic principle of the market economy, regulatory intervention is only necessary in the event of a market failure. Since the emergence of providers of wireless physical infrastructure such as ‘tower companies’, and their uptake of their increasingly significant role as providers of access to physical infrastructure suitable to install elements of wireless electronic communications networks, such as 5G, no significant phenomena occurred that would indicate a market failure. Their business model, the fees they charge for the provision of their infrastructure and their pricing models have not been subject to any regulation so far. Therefore, the Commission, supported by BEREC and the national regulators, should conduct a market analysis to determine whether there is a market failure in relation to providers of wireless physical infrastructure such as ‘tower companies’ . Should this be the case, the Commission shall, by means of a delegated act, subject the providers of wireless physical infrastructure such as ‘tower companies’ to all the obligations and benefits set out in the Regulation, except the provisions regarding in-building physical infrastructure and access. Until then, their business model should remain unregulated.
2023/07/07
Committee: ITRE
Amendment 105 #

2023/0046(COD)

Proposal for a regulation
Recital 17
(17) In the absence of a justified exception, physical infrastructure elements owned or controlled by public sector bodies, even when they are not part of a network, can also host electronic communications network elements and should be made accessible to facilitate installing network elements of very high capacity networks, in particular wireless networks. Examples of physical infrastructure elements are buildings, including rooftops, entries to buildings, and any other asset, including street furniture, such as light poles, street signs, traffic lights, billboards, bus and tramway stops and metro stations. It is for Member States to identify specific buildings owned or controlled by public sector bodies in their territories where access obligations cannot apply, for example, for reasons of architectural, historical, religious or natural value.
2023/07/07
Committee: ITRE
Amendment 125 #

2023/0046(COD)

Proposal for a regulation
Recital 25
(25) Operators should have access to minimum information on physical infrastructure and planned civil works in the area of deployment. This will enable them to effectively plan deploying very high capacity networks and ensure the most effective use of existing physical infrastructure, suitable for rolling out such networks, and planned civil works. Such minimum information is a pre-requisite to assess the potential for using existing physical infrastructure or coordinating the planned civil works in a specific area, as well as to reduce damage to any existing physical infrastructures. In view of the number of stakeholders involved (covering publicly and privately financed civil works as well as existing or planned physical infrastructure) and to facilitate access to that information (across sectors and borders), the network operators and public sector bodies subject to transparency obligations should, where feasible, proactively (rather than upon request) provide and maintain such minimum information via a single information point. This will simplify managing requests to access such information and enable operators to express their interest in accessing physical infrastructure or coordinating civil works, for which timing is critical. The minimum information on planned civil works should be provided via a single information point as soon as the information is available to the network operator concerned and, in any event and where permits are required, no later than 3 months before the permit application is first submitted to the competent authorities.
2023/07/07
Committee: ITRE
Amendment 138 #

2023/0046(COD)

Proposal for a regulation
Recital 38
(38) A number of different permits for deploying elements of electronic communications networks or associated facilities may be necessary in order to protect national and Union general interests. These can include digging, building, town planning, environmental and other permits as well as rights of way. The number of permits and rights of way required for deploying different types of electronic communications networks or associated facilities and the local character of the deployment could involve applying different procedures and conditions, which can cause difficulties in the network deployment. Therefore, to facilitate deployment, all rules on the conditions and procedures applicable to granting permits and rights of way should be streamlined and consistent at national level, while respecting the constitutional structure of every Member State. While preserving the right of each competent authority to be involved and maintain its decision-making prerogatives in accordance with the subsidiarity principle, all information on the procedures and general conditions applicable to granting permits for civil works and rights of way should be available via single information points. This could reduce complexity and increase efficiency and transparency for all operators and particularly new entrants and smaller operators not active in that area. Moreover, operators should have the right to submit their requests for permits and rights of way in electronic format via a single information point. Those undertakings should also be able to retrieve information in electronic format about the status of their requests and whether they have been granted or refused.
2023/07/07
Committee: ITRE
Amendment 140 #

2023/0046(COD)

Proposal for a regulation
Recital 39
(39) Permit-granting procedures should not be barriers to investment or harm the internal market. Member States should therefore ensure that a decision on whether or not to grant permits on the deployment of elements of very high capacity networks or associated facilities is made available within 4 months from the receipt of a complete permit requestthe deadlines set in their national laws. This is without prejudice to other specific deadlines or obligations laid down for the proper conduct of the procedure, which are applicable to the permit-granting procedure in accordance with national or Union law. Competent authorities should not restrict, hinder or make the deployment of very high capacity networks or associated facilities economically less attractive. Specifically, they should not prevent procedures for granting permits and rights of way from proceeding in parallel, where possible, or require operators to obtain one type of authorisation before they can apply for other types of authorisations. Competent authorities should justify any refusal to grant permits or rights of way under their competence, based on objective, transparent, non-discriminatory and proportionate conditions. Whenever a competent authority doesn't respond within the deadlines set for the granting procedure, it should inform the applicant about the delay and its reasons on its own motion. Member States should introduce incentives in their national legislation for competent authorities to grant permits faster than required by law.
2023/07/07
Committee: ITRE
Amendment 147 #

2023/0046(COD)

Proposal for a regulation
Recital 40
(40) To avoid undue delays, competent authorities must determine the completeness of the permit request within 15 days from its receiptout unnecessary delay. The permit request should be deemed complete as soon as possible unless the competent authority invites the applicant to provide any missing information within that period. For reasons of equal treatment and transparency, the competent authorities should not consider permit requests for civil works to be admissible if the minimum information required under this Regulation has not been made available via a single information point within 3 months before the first permit request is submitted to the competent authorities. Where, in addition to permits, rights of way are required for deploying elements of very high capacity networks, competent authorities should, by way of derogation from Article 43 of Directive (EU) 2018/1972, grant such rights of way within 4 months from the receipt of the requestwithout unnecessary delay. Other rights of way not needed in conjunction with permits for civil works should continue to be granted within 6 months in accordance with Article 43 of Directive (EU) 2018/1972. Operators that suffer damage due to the delay of a competent authority to grant permits or rights of way within the applicable deadlines should have the right to compensation.
2023/07/07
Committee: ITRE
Amendment 155 #

2023/0046(COD)

Proposal for a regulation
Recital 42
(42) In order to ensure that the procedures for granting such permits and rights of way are completed within reasonable deadlines, as appears from certain modernising and good administrative practices at national level, it is necessary to draw up principles for administrative simplification. This should include inter alia limiting the obligation of prior authorisation to cases in which it is essential and introducing tacit approval by the competent authorities after a certain period of time has elapsed. Moreover, the categories of deployments exempted from permits under Union law should no longer be subject to permits under national law.
2023/07/07
Committee: ITRE
Amendment 183 #

2023/0046(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point 1 – point b – point ii
(ii) transport services, including railways, roads, tunnels, ports and airports;
2023/07/07
Committee: ITRE
Amendment 250 #

2023/0046(COD)

Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1 – point f a (new)
(fa) the availability of open, non- discriminating access to electronic communications networks of wholesale only operators owned or controlled by public sector bodies suitable for the provision of very high capacity networks covering the area of the infrastructure access was requested to.
2023/07/07
Committee: ITRE
Amendment 328 #

2023/0046(COD)

Proposal for a regulation
Article 7 – paragraph 4
4. The competent authorities shall, within 15 working days from its receiptout unnecessary delay, reject applications for permits, including for rights of way, for which the minimum information has not been made available via a singlethe dedicated information point, pursuant to Article 6(1) first subparagraph, by the same operator which applies for that permit., if this operator has an obligation to allow coordination for those civil works pursuant to Article 5 second paragraph;
2023/07/07
Committee: ITRE
Amendment 332 #

2023/0046(COD)

Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 1
The competent authorities shall grant or refuse permits, other than rights of way, within 4 months from the date ofout unnecessary delay following the receipt of a complete permit application in accordance with national law.
2023/07/07
Committee: ITRE
Amendment 339 #

2023/0046(COD)

Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 2
The completeness of the application for permits or rights of way shall be determined by the competent authorities within 15 days from the receipt of the application. Unless the competent authorities invited the applicant to provide any missing information within that period, the application shall be deemed completeout unnecessary delay and in accordance with national law.
2023/07/07
Committee: ITRE
Amendment 345 #

2023/0046(COD)

Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 4
By way of exception and based on a justified reason set out by a Member State, the 4 month deadline referred to in the first subparagraph and in paragraph 6 may be extended by the competent authority on its own motion. Any extension shall be the shortest possible. Member States shall set out the reasons justifying such an extension, publish them in advance via single information points and notify them to the Commission.deleted
2023/07/07
Committee: ITRE
Amendment 357 #

2023/0046(COD)

Proposal for a regulation
Article 7 – paragraph 6
6. By way of derogation from Article 43(1), point (a) of Directive (EU) 2018/1972, where rights of way over or under public or private property are required for the deployment of elements of very high capacity networks or associated facilities in addition to permits, competent authorities shall grant such rights of way within the 4 month period from the date ofout necessary delay following the receipt of the application.
2023/07/07
Committee: ITRE
Amendment 362 #

2023/0046(COD)

Proposal for a regulation
Article 7 – paragraph 7
7. In the absence of a response from the competent authority within the 4- month deadline referred to in paragraphs 5 first subparagraph, and unless such deadline is extended pursuant to paragraph 5 fourth subparagraph, the permit shall be deemed to have been granted. This shall also apply in the case of rights of way referred to in paragraph 6deadlines of administrative procedures laid down on national level the competent authority shall justify the delay to the applicant on its own motion. This article shall be without prejudice to the possibility of Member States to introduce further incentives for competent authorities to speed up the permit granting procedure.
2023/07/07
Committee: ITRE
Amendment 81 #

2023/0042(COD)

Proposal for a regulation
Recital 21 – paragraph 5
Vocational vehicles, such as garbage trucks, tippers or concrete mixers, should continue to be exempted from the calculation of average specific CO2 emissions of manufacturers, while at the same time enabeling to incentivize zero- and low- emission vocational vehicles to strengthen the purpose of this Regulation when determining the compliance of a manufacturer with its respective CO2 emission targets.
2023/07/10
Committee: ITRE
Amendment 103 #

2023/0042(COD)

Proposal for a regulation
Recital 28 a (new)
(28a) (28 a) Low-entry buses, which are subject of registration within class II, are made for interurban operations and can therefore be clearly identified. Given this profile, it is not appropriate to subject these type of buses to the zero-emission mandate for urban buses. Class II of low entry vehicles should therefore instead be treated as high floor interurban coaches and vehicles.
2023/07/10
Committee: ITRE
Amendment 122 #

2023/0042(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a
Regulation EU 2019/1242
Article 2 – paragraph 1
For the purposes of this Regulation, those vehicles shall be referred to as heavy-duty vehicles. Vehicles falling under points (a) and (b) shall be referred to as heavy-duty motor vehicles. In addtion, it shall also apply, where appropriate and feasible, to zero- and low- emission vocational vehicles.
2023/07/10
Committee: ITRE
Amendment 221 #

2023/0042(COD)

(a) the data reported for the manufacturer’s new heavy-duty vehicles registered in the preceding reporting period;, including zero-and-low emission vocational vehicles, and;
2023/07/10
Committee: ITRE
Amendment 250 #

2023/0042(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point d
Regulation (EU) 2019/1242
Article 1 – paragraph 1 – fourth sub–paragraph
Emission credits and emission debts acquired in the reporting periods of the years 2025 to 2039 shall, where applicable, be carried over from one reporting period to the next reporting period. However, any remaining emission debts shall be cleared in the reporting periods of the year 2029, 2034 and 203940.;
2023/07/10
Committee: ITRE
Amendment 266 #

2023/0042(COD)

1. The Commission is empowered to adopt delegated acts in accordance with Article 17 with a view to amending the following elements in Annex I to take into account technical progress, the evolution of freight transport logistics, necessary adjustments based on the application of this Regulation and amendments of the underlying type-approval legislation, in particular Regulations (EU) 2018/858 and (EU) 595/2009: (a) the criteria defining vehicle sub- groups set out in point 1.1; (b) the criteria defining vocational vehicles set out in point 1.2; (c) the criteria for the operational ranges of different powertrain technologies set out in point 1.3; (d) the list of mission profiles set out in point 1.4; (e) the weight of mission profiles set out in point 2.1; (f) the payloads, passenger numbers, passenger masses, technically permissible maximum payloads, technically permissible maximum passenger number and cargo volumes of vehicle sub-groups sg set out in point 2.5; (g) the annual mileage values set out in point 2.6.
2023/07/10
Committee: ITRE
Amendment 269 #

2023/0042(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 18
Regulation (EU) 2019/1242
Article 15 – first paragraph
The Commission shall, inot later than 31 December 20287, review the effectiveness and impact of this Regulation and submit a report to the European Parliament and to the Council with the result of the review. By 31 December 2025, and every year thereafter and with the help from the Committee in Article 16, the Commission shall present a report to the Council and to the European Parliament on the current state of the enabling conditions for the market adoption of zero-emission heavy-duty vehicles in the EU. The commission should take into account the following factors while reviewing this per Member State: a) The range of zero- emission heavy-duty vehicles for respective vehicle group among manufacturers b) The registrations of zero-emission heavy-duty vehicles c) The availability of stations for hydrogen and charging for heavy-duty vehicles d) The implementation of CO2 differentiated road charges and its monetary impact for vehicle customers e) The cost for road transport fuel for emission allowances and its monetary impact for vehicle customers f) The general difference in cost between refueling hydrogen, diesel fuel and charging at public charging stations g) Other support or incentives with the purpose of supporting the use of emission-free or purchase of heavy duty vehicles for transport industry Should one or more of these factors, especially under paragraphs c to g, found not to be in line with the targets for vehicle manufacturers in Article 3a and Annex I of this Regulation, the review report shall be followed by a legislative proposal to review the targets in Article 3a and Annex I.
2023/07/10
Committee: ITRE
Amendment 6 #

2022/2188(INI)

Draft opinion
Paragraph 2
2. Welcomes the Memorandum of Understanding on offshore energy cooperation and calls for the further development of renewablfossil free energy in line with climate change objectives, and for the establishment of an effective framework for trading arrangements for electricity flows;
2023/05/25
Committee: ITRE
Amendment 22 #

2022/2171(INI)

1 a. Highlights the importance of the textiles ecosystem for jobs, growth and the preservation of cultural heritage in Europe; underlines that the European textile sector as of 2022 had an annual turnover of 147 billion with 58 billion euros in exports and 106 billion euros in imports and employs 1,3 million European citizens 1a; _________________ 1a https://euratex.eu/wp- content/uploads/EURATEX_FactsKey_Fi gures_2022rev-1.pdf
2023/01/27
Committee: ITRE
Amendment 37 #

2022/2171(INI)

Draft opinion
Paragraph 2 a (new)
2 a. Stresses the need to support SMEs within the textiles ecosystem in moving away from linear business models and unsustainable practices; therefore calls for the creation of a network of regional and national sustainability & innovation hubs to assist companies, in particular SMEs, in the twin digital and green transition; notes the opportunity the ‘Enterprise Europe Network’ may offer in this regard;
2023/01/27
Committee: ITRE
Amendment 38 #

2022/2171(INI)

Draft opinion
Paragraph 2 b (new)
2 b. Acknowledges the threat for European industry and sustainability by imports of textiles that are non-compliant with EU legislation; urges the Commission and Member States to increase their monitoring and market surveillance to ensure compliance with EU-legislation, with special emphasis on non-EU companies to ensure a level- playing field for European businesses; welcomes the potential for establishing new mutually beneficial trade agreements, and strengthening existing trade relationships that can safeguard conformity of textiles products with EU legislation, and further can support the creation of jobs and economic growth both in the EU and among trade partners;
2023/01/27
Committee: ITRE
Amendment 41 #

2022/2171(INI)

Draft opinion
Paragraph 2 c (new)
2 c. Calls on the Commission and Member States to analyse the possibility to provide relevant and cost-effective support to third countries and suppliers in those countries to decarbonise textile supply chains, which will have positive influence on European businesses as well;
2023/01/27
Committee: ITRE
Amendment 42 #

2022/2171(INI)

Draft opinion
Paragraph 2 d (new)
2 d. Calls on the Commission and the Member States to ensure policy coherence among the policy measures identified in the EU Textiles Strategy and the transition pathway to create a predictable, harmonised, relevant and seamless legal framework in line with existing EU legislation, in particular regarding the ecodesign requirements for textiles with sufficient implementation time for businesses; further urges the Commission and Member States to safeguard harmonisation of national policies at the EU level to ensure legal certainty and predictability for business operators in the Single Market, especially SMEs;
2023/01/27
Committee: ITRE
Amendment 43 #

2022/2171(INI)

Draft opinion
Subheading 1 a (new)
Ecodesign, the Digital Product Passport and Textiles Labelling
2023/01/27
Committee: ITRE
Amendment 44 #

2022/2171(INI)

Draft opinion
Paragraph 2 e (new)
2 e. Takes note of the extension of the ecodesign regulation beyond energy- related goods, including textiles; underlines that great potential for more circular and sustainable textiles lies in the design phase of such products; urges the Commission to consult with research institutions and relevant stakeholders before setting clear targets and measures in the ecodesign delegated acts for different textile product categories on a risk-based and life-cycle approach, including a cost-benefit analysis; underlines that the targets need to reflect the given differences of diverse textiles products in their production processes and consumer usage and that they are technically feasible in accordance with state-of-the art technology; further calls for a transition period for the ecosystem to comply with new product-based ecodesign requirements;
2023/01/27
Committee: ITRE
Amendment 45 #

2022/2171(INI)

Draft opinion
Paragraph 2 f (new)
2 f. Underlines that information and notably performance requirements should be carefully fine-tuned to ensure technical and economic feasibility, including on aspects such as functionality, scalability and security of supply, creativity of design and competitiveness of European businesses, as well as affordability for consumers; highlights the importance of coherent information requirements for textiles products to be aligned with functionalities and responsibilities of the Digital Product Passport (DPP), in line with data protection obligations, trade secrets and intellectual property rights;
2023/01/27
Committee: ITRE
Amendment 48 #

2022/2171(INI)

2 i. Points out that the information provided by the Digital Product Passport needs to be relevant, accurate and up-to- date, and that the information can be easily accessible and usable for authorities, consumers and stakeholders along the supply chains; calls on the Commission to gradually phase-in the DPP with a longer implementation period for SMEs, and especially micro- enterprises taking account of their capacities, and to support them to ensure full compliance with the regulation; further calls on the Commission to base the DPP implementation on existing data bases, data infrastructures and data sharing best-practices to avoid duplication and unnecessary administrative burden;
2023/01/27
Committee: ITRE
Amendment 49 #

2022/2171(INI)

Draft opinion
Paragraph 2 j (new)
2 j. Recalls that questions regarding data reliability and verifiability, legal liability for the data published, access to data for companies along the whole supply chain, remain open to-date, and need to be addressed accordingly by the Commission and Member States; underlines the need to implement the DPP data obligations with specific consideration for information that constitutes trade secrets or concerns intellectual property rights;
2023/01/27
Committee: ITRE
Amendment 50 #

2022/2171(INI)

Draft opinion
Paragraph 2 j (new)
2 j. Welcomes the envisaged revision of the Textiles Labelling Regulation, which should harmonise all content for mandatory labels of textile products across the EU; highlights that all rules on labelling of textile products, both on physical and digital label and on all labelling domains, including for sustainability and circularity, are introduced with a view to ensure legal clarity, lower compliance costs for companies, in particular SMEs, and that information is easily accessible, readable and comparable to consumers and relevant businesses; calls on the Commission to further clarify and ease the classification process to apply for new fibre composition names for novel and distinctive materials;
2023/01/27
Committee: ITRE
Amendment 68 #

2022/2171(INI)

Draft opinion
Paragraph 3 b (new)
3 b. Underlines that the actions taken under the EU Textiles Strategy should greatly focus on the invention of new business models as the major mean to ensure continued European international competitiveness, e.g. by putting an emphasis on digital innovations and new types of fibres, rather than simply making the current business models of the European industry more sustainable, which is limited by the laws of thermodynamics; is convinced that the nature and function of apparel will fundamentally change in the upcoming years, turning from public image to become a more integral part of the life of citizens, e.g. by providing information to consumers on various aspects, e.g. the health status;
2023/01/27
Committee: ITRE
Amendment 80 #

2022/2171(INI)

Draft opinion
Paragraph 3 c (new)
3 c. Recognizes the transition pathway as an important step to transform the textiles ecosystem in Europe; regrets the Commission has taken almost two years after the update of the EU´s industrial strategy to build a textiles ecosystem transition pathway; stresses that a quick finalisation and implementation of the support actions for businesses is of utmost importance to enable the sustainable transition; stresses that actions taken in accordance with the transition pathway should be fully aligned with the EU Industrial Strategy, the legislative activities envisaged in the EU Textiles Strategy, the goals of open strategic autonomy and objectives of the European Green Deal;
2023/01/27
Committee: ITRE
Amendment 86 #

2022/2171(INI)

Draft opinion
Paragraph 3 d (new)
3 d. Acknowledges the energy-intense nature of the textiles production and the challenges European companies face due to the ongoing energy crisis and soaring energy prices; welcomes national and EU support measures to bring down energy prices to an internationally competitive level, and to thereby maintain and develop production capacities in Europe, keeping Europe´s companies in business without disturbing decarbonisation incentives for them;
2023/01/27
Committee: ITRE
Amendment 91 #

2022/2171(INI)

Draft opinion
Paragraph 3 e (new)
3 e. Underlines the need to reduce the carbon footprint of the sector, largely by investments into greenhouse gas reduction technologies and research therein; strongly believes that the question of worldwide water usage in the production of textiles, mainly by growing cotton, has to be addressed immediately by an increased effort for research and innovation, in particular for new forms of fibres that demand less water;
2023/01/27
Committee: ITRE
Amendment 94 #

2022/2171(INI)

Draft opinion
Paragraph 3 f (new)
3 f. Recalls that the transition to a circular economy of the textiles ecosystem also presents a significant potential for the creation of new green jobs with the upskilling and reskilling of the existing labour force; urges the Commission and Member States to facilitate access to innovative education curricula for the development of relevant skills, particularly due to the necessary digital transition of the industry, which creates job opportunities but also demands highly skilled workers; further calls on the Commission and Member States to direct great attention to the merger of artistic and technological training for workers in the textiles ecosystem, harnessing synergies between creative and technological skills, to continuously promote the mobility of skilled labour across Europe and to preserve the European cultural heritage of textiles crafting skills;
2023/01/27
Committee: ITRE
Amendment 121 #

2022/2171(INI)

Draft opinion
Paragraph 5
5. Recalls that several EU funding opportunities exist, such as via Cluster 2 of Horizon Europe or the European Innovation Council; calls for the creation of an EU research and innovation agenda aligned with the transition pathway for the textiles ecosystem; emphasizes that the EU research and innovation agenda has to address the whole value chain of circularity in the textiles ecosystem; underlines the leading role the European Institute of Innovation and Technology (EIT) Knowledge and Innovation Communities (KICs) on Culture & Creativity3 and Manufacturing4 should play in this process. _________________ 3 https://eit.europa.eu/eit-community/eit- culture-creativity. 4 https://www.eitmanufacturing.eu/.
2023/01/27
Committee: ITRE
Amendment 128 #

2022/2171(INI)

Draft opinion
Paragraph 5 a (new)
5 a. Stresses that the upcoming Horizon Europe work programmes should reflect the goals of circularity and sustainability as set out in the EU Textiles Strategy and in the corresponding EU research and innovation agenda for textiles; furthermore points out that related calls should be based on a structural engagement of stakeholders of the whole ecosystem.
2023/01/27
Committee: ITRE
Amendment 129 #

2022/2171(INI)

Draft opinion
Paragraph 5 b (new)
5 b. Recalls the obligation for Member States to have separate collection infrastructure for textiles as of 1 January 2025; underlines the urgent need for funding and innovation support for the industry to be ready to make use of the collected waste by ways of recycling, reusing or repairing and to ensure an environmentally sound management of the collected textiles; encourages the Commission to monitor Member States that have implemented separate collection before 1st of January 2025 to gather best practices and identify possible issues related to harmonisation of sorting and collection practices at EU-level; calls on the Commission and Member States to consider textile waste as raw material for the production of textiles.
2023/01/27
Committee: ITRE
Amendment 132 #

2022/2171(INI)

Draft opinion
Paragraph 5 c (new)
5 c. Stresses the need for direct funds on both EU and national levels for research, innovation and the scale-up of infrastructure for high-quality manual and automatic composition sorting of textiles to minimize waste, optimize recyclability and increase reusability; recalls that shipments of waste are essential for the re-looping of secondary raw materials in the economy; underlines the importance of harmonised end-of- waste criteria and waste definition for textiles.
2023/01/27
Committee: ITRE
Amendment 134 #

2022/2171(INI)

Draft opinion
Paragraph 5 d (new)
5 d. Underlines the importance of recycling for circularity and reduction of waste and as a source of raw materials for the textile production in Europe; highlights the need to create strong incentives for recycling that trigger the demand-side and create a stable and open market for recyclers; recalls that for creating European recycling industry, collection, sorting, waste treatment and shipment requirements across the whole value-chain need to be aligned with necessary investments efforts; calls for Member States to increase their investments in recycling technologies, including the scale-up of existing recycling plants, in particular in mechanical and chemical recycling technologies that allow the separation and recycling of mixed materials; therefore calls to orientate European funding towards development of market-ready technologies for recycling.
2023/01/27
Committee: ITRE
Amendment 136 #

2022/2171(INI)

Draft opinion
Paragraph 5 e (new)
5 e. Underlines business opportunities for reuse and repair and its contribution to a more sustainable and circular textiles ecosystem; stresses that innovation and scale-up investments for these business models should be a part of the EU research and innovation agenda.
2023/01/27
Committee: ITRE
Amendment 138 #

2022/2171(INI)

Draft opinion
Paragraph 5 f (new)
5 f. Calls for the development of 'European Textile Hubs', that connect innovative research centres with collection, sorting, recycling and disposal plants, turning waste into value and creating new jobs in textile manufacturing hubs; stresses the need for direct substantial funding for innovation actions for the scale-up of demonstrators across the EU.
2023/01/27
Committee: ITRE
Amendment 140 #

2022/2171(INI)

Draft opinion
Paragraph 5 g (new)
5 g. Takes note of the physical boundaries to recyclability and circularity of current existing fibres due to the laws of thermodynamics; therefore stresses the ambition to shift away from the classic textiles industry dominated by cotton and petroleum-based fabrics, calls on the Commission alongside Member States, industry and research institutions to continue, encourage and fund research into the inherent tradeoffs between making textile products more durable and reusable, recyclable, repairable and free of hazardous substances.
2023/01/27
Committee: ITRE
Amendment 142 #

2022/2171(INI)

Draft opinion
Paragraph 5 h (new)
5 h. Stresses the need to look beyond the currently existing fibres and textiles to increase research and innovation related to inventing new raw materials in order to increase recyclability, overcome the limitations of the laws of thermodynamics, diminish the carbon footprint of textiles production and to reduce the dependency on land, water and oil for the textiles ecosystem; is convinced that new types of fibres and textiles combined with digital solutions will be able to improve citizen´s lives, e.g. by providing health information to the user of the product.
2023/01/27
Committee: ITRE
Amendment 144 #

2022/2171(INI)

Draft opinion
Paragraph 5 i (new)
5 i. Highlights the fact that man-made fibres, both bio-based and synthetic, are still essential in the manufacturing of technical textiles alongside many other textile categories, and therefore will continue to play a role in the ecosystem related to making products durable, sustainable and circular; highlights that research and innovation directed to man- made fibres is needed, including for the recycling of waste-to-fibre.
2023/01/27
Committee: ITRE
Amendment 147 #

2022/2171(INI)

Draft opinion
Paragraph 5 j (new)
5 j. Stresses the need to continuously support research and funding for handling microplastics pollution by synthetic textiles and microfibers shedding; calls on the Commission to address this issue in the envisage Commission’s proposal on measures to reduce the release of microplastics in the environment.
2023/01/27
Committee: ITRE
Amendment 149 #

2022/2171(INI)

Draft opinion
Paragraph 5 k (new)
5 k. Stresses the importance of research into the development of alternatives to the conventional use of chemicals, water reuse through the development of wastewater treatment technologies, and to reduce energy and water consumption in the production process.
2023/01/27
Committee: ITRE
Amendment 1 #

2022/2124(DEC)

Draft opinion
Paragraph -1 (new)
-1. Highlights the importance of a strong, effective and well-functioning European Border and Coast Guard Agency (Frontex or the Agency), able to assist Member States to manage the common external borders of the European Union and to ensure an integrated border management with a view to managing those borders efficiently and in full compliance with fundamental rights, and to increasing the efficiency of the Union return policy; stresses that effective management of the external borders is of crucial importance for the protection of the Schengen as an area of freedom, security and justice; stresses that close cooperation and agreements with third countries in aspects like readmission agreements, technical assistance, training, and return activities, together with development aid are important to guarantee an efficient EU border management;1a _________________ 1a FRONTEX Strategic Risk Analysis 2022
2023/01/18
Committee: LIBE
Amendment 2 #

2022/2124(DEC)

Draft opinion
Paragraph 1
1. Welcomes the fact that the Court 1. of Auditors (the ‘Court’) has declared the transactions underlying the annualoutcome of the European Court of Auditors 2021 Annual Report on EU Agencies for the Financial Year 20212a, which states that Frontex’ accounts ofor the European Border and Coast Guard Agency (‘Frontex’ or the ‘Agency’) for the financial year 2021 to be legal and regular in all material aspects; notes that the budget of the Agency increased from EUR 495 million in 2020 to EUR 741 million (+ 50 %) in 2021 and that the Agency's staff was increased from 1 234 to 1 554 (+ 26 %); year ended 31 December 2021 present fairly, in all material respects, Frontex’ financial position at 31 December 2021, the results of its operations, its cash flows, and the changes in net assets for the year then ended, in accordance with its financial regulation and with accounting rules adopted by the Commission’s accounting officer; notes that the budget of the Agency increased from EUR 495 million in 2020 to EUR 741 million (+ 50 %) in 2021 and that the Agency's staff was increased from 1 234 to 1 554 (+ 26 %) in the same period, in line with the new mandate and responsibilities provided for in the new 2019 regulation;2b _________________ 2a https://www.eca.europa.eu/Lists/ECADoc uments/AGENCIES_2021/AGENCIES_2 021_EN.pdf 2b https://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=CELEX:3201 9R1896
2023/01/18
Committee: LIBE
Amendment 4 #

2022/2124(DEC)

Draft opinion
Paragraph 2
2. Stresses that Frontex is by large the EU Agency that received more significant budget increases in the last years; recalls that the Agency budget has skyrocketed from €118 million in 2011 to €741 million in 2021, and to an annual average of €900 million for the 2021-2027 period, in line with its new responsibilities; recalls that Frontex started with a budget of €6 million in 2005, and it is receiving now €741 million in 2021; recalls that the European Border and Coast Guard Agency has been strengthened in terms of staff and technical equipment with its new mandate in 2019; notes that in view of the complex geopolitical situation, the importance of Frontex in supporting Member States increased significantly and efforts must continue in terms of human and material resources;
2023/01/18
Committee: LIBE
Amendment 14 #

2022/2124(DEC)

Draft opinion
Paragraph 3
3. Notes the Court’s observation concerning weaknesses in recruitment procedures, which undermine the principles of transparency and equal treatment of the candidates; notes the serious internal control weaknesses in the Agency’ delegation process, ex-ante controls and procurement procedures; deplores the many payment delays; takes also note of Frontex' reply stating that Frontex acknowledged a room for improvement in the implementation of the defined rules on selection procedures and that in January 2022 adopted more clear instructions to the selection committee members ensuring more consistent assessment and harmonised procedures; notes the serious internal control weaknesses in the Agency’ delegation process, ex-ante controls and procurement procedures; deplores the many payment delays but likewise takes note that there were various reasons for these delays that were not always under the Agency’s control, for example, several late payments, with high amounts that stem from delays of the Member States in introducing their claims for grants; welcomes the Agency's commitment to continuously improving in the field of late payments, as stated in its reply to the Court;3a _________________ 3a https://www.eca.europa.eu/Lists/ECADoc uments/AGENCIES_2021/AGENCIES_2 021_EN.pdf
2023/01/18
Committee: LIBE
Amendment 16 #

2022/2124(DEC)

Draft opinion
Paragraph 3 a (new)
3 a. Notes that the Court, in two audited recruitment procedures, found that the selection committees applied the arithmetical average of their members’ individual assessments, instead of the consensual method prescribed by the Agency internal guidelines; further notes the lack of clear standards or instructions to selection committee members on how to assess the individual selection criteria; acknowledges that these weaknesses undermine the principles of transparency and equal treatment of the candidates in recruitment procedures and may expose Frontex to reputational and legal risks;
2023/01/18
Committee: LIBE
Amendment 19 #

2022/2124(DEC)

Draft opinion
Paragraph 3 b (new)
3 b. Notes that the current occupancy rate in the Agency is 79%, the highest occupancy rate since the new European Border and Coast Guard Regulation in 2019 (2019/1896); acknowledges that timely recruitment and achieving geographical balance remain challenging mainly due to a low coefficient rate for Poland; further notes that the low coefficient rate for Poland is a long standing challenge for the Agency, which has been exacerbated in recent months by record high inflation in the country, reaching 16,6% in December 2022;
2023/01/18
Committee: LIBE
Amendment 21 #

2022/2124(DEC)

Draft opinion
Paragraph 4
4. NotWelcomes the drawing up of a fundamental rights strategy and action plan; regretnotes that the obligation included in Article 110(6) of Regulation (EU) 2019/1896 to deploy at least 40 fundamental rights monitors has been met with significant delay; notes thatwelcomes however that since mid-October 2022, the number of fundamental rights monitors now stands at 46; deeply deplores that despite the significant overall staffrecalls that, according to the same provision, the executive director shall assess on an annual basis whether the number of fundamental rights monitors needs to be increased in consultation with the fundamental rights officer; following that assessment, the executive director shall, where necessary, propose an increase forin the Agency, the Fnumber of fundamental Rrights Officer still lacks adequate human resourcesmonitors to the management board for the following year depending on operational needs; notes that out of the 46 staff members, 31 are Administrators and 15 are at Assistant level; furges the Agency to provide its fther notes that in addition to Fundamental Rights monitors, the Fundamental rRights oOfficer with adequate resources and staff has also almost 20 staff members; welcomes the Agency commitment to further appoint staff at Administrative level should the Agency Establishment Plan allow it;
2023/01/18
Committee: LIBE
Amendment 30 #

2022/2124(DEC)

Draft opinion
Paragraph 5
5. Takes the position that the Management Board should play a proactive role in identifying and preventing serious risk of fand the Executive Director must work closely with the Fundamental Rights Officer and play a proactive role in ensuring that Frontex activities are always in compliance with Fundamental rRights violations; reiterates the importance to implement the standard operating procedures to withdraw the financing of, or suspend or termina; welcomes the positive progress made by the Agency, particularly the decision of 25 January 2022 detailing standard operating procedures for the implementation of Article 46 of Regulation (EU) 2019/1896 drafted in accordance with the comments and observations of the Member States and Schengen Associated Countries, Frontex Fundamental Rights Officer, and the Frontex Consultative Forum on Fundamental Rights; takes note,s or not launch Frontex activities in cases where such risks arf the opinion of the Fundamental Rights Officer arguing for more Frontex involvement to monitor and support Member States in their obligations set out in the EU acquise;
2023/01/18
Committee: LIBE
Amendment 39 #

2022/2124(DEC)

Draft opinion
Paragraph 6
6. Expresses its utmost concerns with regard to allegations of push backs in the context of Frontex operations in Lithuania, Latvia, Croatia, Bulgaria and Greece; reiterates its call on the Agency to susptakes note of the findings of the Fundamental Rights Officer Annual report 2021 which states that there was no evidence of Frontex staff’s involvemendt its open unlawful practions supporting return- related operations from Hungary as long as, and as concluded by the Court of Justice of the European Union, the return decisions issued by the Hungarian authorities are incompatible with Directive 2008/115/EC and the Charter of Fces in Lithuania, Latvia and Bulgaria, and the admissible complaints concerned Frontex operational areas in Albania, Croatia, Greece, and Spain; demands the Agency to monitor the correct implementation of return procedures by the Hungarian authorities and to ensure the respect of fundamental rights in returns carried out with Frontex assistance, in line with the Fundamental Rights Officer’s recommendations; takes note that since 2020, there have been no operational reports, either by staff deployed in returns from Hungary or by the independent monitors, no complaints, no serious incident reports, and no communication of any other type to the Agency on alleged violations of fundamental rights in cases of Frontex assisted returns from Hungary; also notes that there is no evidence of violations of fundamental Rrights of the European Union; in case of returns carried out with Frontex assistance in Hungary;6a _________________ 6a https://frontex.europa.eu/assets/Images_N ews/2022/Fact_Sheet_on_Frontex_discha rge.pdf
2023/01/18
Committee: LIBE
Amendment 43 #

2022/2124(DEC)

Draft opinion
Paragraph 6 a (new)
6 a. Welcomes the finding that the Agency had never been involved in returns relating to the Hungarian laws Act LXXXIX of 2009 and Act LVIII of 2020 which were deemed not in line with the European acquis by the Court of Justice of the European Union; notes the confirmation by the Hungarian authorities that they had not requested nor would request Frontex support of cases of migrants to be returned in application of national act LXXXIX of 2007 and Act LVIII of 2020; notes that Frontex increased monitoring activities in Hungarian returns and strengthened consultation and cooperation with the Fundamental Rights Officer on Hungary, among others, in terms of monitoring activities, to further ensure the respect of fundamental rights in returns carried out with Frontex assistance; welcomes that following the opinions and recommendations of the Fundamental Rights Officer regarding his assessment of the situation in Greece, the former Executive Director ad interim and the Fundamental Rights Officer engaged with the Hellenic authorities to establish safeguards for the implementation of the fundamental rights framework in operational activities carried out in Greece; endorses that further to these discussions, the Hellenic authorities drew up an Implementation Plan for the implementation of the safeguards, which was recognized as a good achievement by the Agency’s Fundamental Rights Officer and the Management Board;
2023/01/18
Committee: LIBE
Amendment 46 #

2022/2124(DEC)

Draft opinion
Paragraph 7
7. Reiterates its profound concerns about the findings of the OLAF report of 15 February 2022 on investigations into Frontexon the misconductof several individuals employed by the Agency in, and expresses its utter dismay in the behaviour and actions described in the findings and the lack of accountability; considerstakes note that in October 2022 some media organisations have released the report; while acknowledging that the findings of the OLAF report arcan be a matter of public interest and should be made public without further delay, deplores the fact the publication of a confidential report is in clear breach violation of the requirements laid down in Articles 10(3) and 17(4a) of Regulation (EU, Euratom) No 883/2013, to respect the confidentiality of the investigation conducted by OLAF as well as the legitimate rights of the persons concerned, including their data protection rights;
2023/01/18
Committee: LIBE
Amendment 53 #

2022/2124(DEC)

Draft opinion
Paragraph 7 a (new)
7 a. Welcomes the follow-up by the Agency on the publication of the OLAF report, in particular the identification of, aside from findings on serious misbehaviour of individual former employees, three key issues, namely the fact that the Fundamental Rights Officer was prevented from accessing operational information, the fact that the Fundamental Rights Officer was not assigned as case handler for reports on serious incidents with alleged violations of fundamental rights, and the fact that staff members who reported serious incidents to the hierarchy were ignored by the individuals investigated by OLAF; welcomes the work done by the Agency to improve the management culture and promote staff well-being, including the decentralization of decision-making to distribute responsibility and ownership of decisions, encouragement of open dialogue through Agency’s Management meetings, the development of a comprehensive internal communication strategy, strengthening of internal communications team, the enlargement of the network of Confidential Counsellors, whose aim is to foster a safe and inclusive working culture where there is zero tolerance for harassment, discrimination or inappropriate behaviour; further welcomes the decision of the Management Board of July 2022 on the obligations of the Management Board and Executive Director to inform the Consultative Forum on the follow-up of its recommendations and to ensure that action is taken with regard to the recommendations of the Fundamental Rights Officer; notes that the first Internal Audit Capacity internal audit is foreseen for Q-4 2022 - Q-1 2023 focusing on Frontex codes of conduct;
2023/01/18
Committee: LIBE
Amendment 59 #

2022/2124(DEC)

Draft opinion
Paragraph 8
8. Expresses its deep concerns in relation to media revelations that in the context of the expansion of a mass surveillance programme at Europe’s external borders (PeDRA, or ‘Processing of PNotes that PeDRA (Processing of Personal Data for Risk Analysis) was a project implemented between 2015 and 2017 to fight against cross-border crime and that it allowed the Agency to develop capabilities required for processing personal data, as one of the measures undertaken to combat criminal smuggling networks; notes that Frontex has been processing only operational personal Ddata for Risk Analysis’), Frontex and the European Commission side-lined their own dof suspects of cross-border crime and terrorism; notes that after receiving the EDPS opinions on Frontex data processing rules, the Agency’s Data pProtection oversight bodies and pursued an intrusive collection of personal data from migrants and refugees to feed into Europol’s criminal databasesOfficer prepared an Action Plan to implement the EDPS recommendations; asks the Management Board to inform the European Parliament about the implementation of these recommendations and the measures taken to ensure full compliance with the EU data protection rules; further notes that the PeDRA team has not implemented any processing activities that have not been approved by the EDPS;
2023/01/18
Committee: LIBE
Amendment 66 #

2022/2124(DEC)

Draft opinion
Paragraph 9
9. Notes that Frontex’ structural problems regarding fundamental rights protection of asylum seekers and migrants, transparency, data protection, and alleged sexual harassment within the Agencythe conclusions presented in the OLAF report on the investigation conducted with respect to the activities of the Agency under the former executive leadership, together with other observations led the European Parliament to refuse discharge of the Agency’s 2020 budget; notes however that those circumstances were not present in 2021;
2023/01/18
Committee: LIBE
Amendment 67 #

2022/2124(DEC)

Draft opinion
Paragraph 9 a (new)
9 a. Reminds that the Agency is accountable to the European Parliament, and that the Parliament is resolved to ensure that the Agency contributes to the continuous and uniform application of Union law, including the Union acquis on fundamental rights, in particular the Charter of Fundamental Rights of the European Union; highlights that, in order to achieve this goal, an enhanced cooperation with the Frontex Management Board by strengthening the transparency, accountability and democratic oversight of the Agency is needed;
2023/01/18
Committee: LIBE
Amendment 69 #

2022/2124(DEC)

9 b. Welcomes the various actions taken by Frontex in the past months to improve its activities and standards and to meet the expectations; welcomes particularly the actions taken in the field of budgetary and financial management, fundamental rights, organisational culture and transparency; takes note of the decision of the Management Board in its extraordinary meeting on 20 December 2022, to appoint Mr Hans Leijtens as the new Executive Director of the European Border and Coast Guard Agency;
2023/01/18
Committee: LIBE
Amendment 70 #

2022/2124(DEC)

Draft opinion
Paragraph 9 c (new)
9 c. Welcomes the establishment of Public Register of Documents where a wide range of documents is published; notes that to process the increasing number of applications for public access to document in a timely manner, the Transparency Office has been strengthened; welcomes also the development of the Agency’s external communication strategy cutting down response time to media requests; welcomes the establishment of an Internal Audit Capacity and the adoption of the internal Audit Charter; notes the strengthening of Inspection and Control Office of the Agency;
2023/01/18
Committee: LIBE
Amendment 79 #

2022/2124(DEC)

Draft opinion
Paragraph 11
11. Recommends the Committee on Budgetary Control to postpone granting the discharge in respect of the implementation of the Agency’s budget for the financial year 2021, until the structural shortcomings related to respect by Frontex of its fundamental rights obligations have been fully addressed.
2023/01/18
Committee: LIBE
Amendment 27 #

2022/2008(INI)

Motion for a resolution
Recital B a (new)
Ba. whereas the Russian war of aggression against Ukraine has shown once again that the EU is highly dependent on energy supply from third countries;
2022/04/25
Committee: ITRE
Amendment 29 #

2022/2008(INI)

Motion for a resolution
Recital B b (new)
Bb. whereas a high level of energy supply dependency, such as on Russia, and high energy prices can be detrimental to the production capacities of European companies;
2022/04/25
Committee: ITRE
Amendment 95 #

2022/2008(INI)

2a. Highlights the importance of international collaboration and open global trade for the European economy, noting that one of the most efficient ways to strengthen European industrial resilience and reduce dependences is to diversify supply chains through ambitious trade policy measures, including strategic trade and investment agreements;
2022/04/25
Committee: ITRE
Amendment 104 #

2022/2008(INI)

Motion for a resolution
Paragraph 3
3. Calls on the Commission to present clear transition pathways for the industrial ecosystem as soon as possible, including by identifying the needs for a successful transition in terms of infrastructure, technologies and skills; calls on the Commission to ensure consistency and coordination across all initiatives, objectives, funding and regulatory instruments that will support industry through the transitions; underlines the importance of bottom-up approach by engaging the industrial ecosystem as a whole, including small and medium-sized enterprises, in the transition; calls for annual monitoring and reporting on the competitiveness and resilience of our industrial ecosystems and on the progress made on the transition pathways, so that instruments can be adapted swiftly when needed;
2022/04/25
Committee: ITRE
Amendment 114 #

2022/2008(INI)

Motion for a resolution
Paragraph 3 a (new)
3a. Underlines the importance of well- functioning EU Single Market for European industrial resilience and European Union’s attractiveness as an investment destination; stresses the role of free movement and open competition in increasing Europe’s strategic strengths;
2022/04/25
Committee: ITRE
Amendment 116 #

2022/2008(INI)

Motion for a resolution
Paragraph 3 a (new)
3a. Calls on the Commission to consider the impact of the Russian war of aggression against Ukraine on the European industry and its capacities in current and future initiatives and objectives;
2022/04/25
Committee: ITRE
Amendment 117 #

2022/2008(INI)

Motion for a resolution
Paragraph 3 b (new)
3b. Calls on the Commission and Members States to ensure technology neutrality across the whole transition in order to secure competitiveness; stresses that the exclusion of certain technologies will only weaken the industries ability to pivot in times of crisis or when technologies prove themselves financially, economically or environmentally unsustainable; insists therefore that the most sustainable way of achieving the climate goals is a technological open and cost-efficient way, including all technologies that contribute to reach climate neutrality;
2022/04/25
Committee: ITRE
Amendment 155 #

2022/2008(INI)

6a. Calls on the Commission and Member States to adopt a holistic approach when it creates incentives to support strategic industrial sectors and their supply chains, such as food, pharmaceutics and others, which are facing a sharp increase of energy, transport and raw materials' costs due to the current conflict in Ukraine; stresses that ensuring sufficient access to affordable, secure and diversified clean energy throughout the single market is going to be key to continue with its integration and to pursue the European industry’s transformation plans, boost its green transition and its global competitiveness; underlines how the development of efficient and integrated logistics networks and infrastructures can ensure a smoother access to transport, energy and digital services increase competitiveness of businesses, reduce barriers in the single market and widen markets for products and jobs; reminds the importance of diversification of supplies and material circularity in particular to reduce reliance on third country imports and increase Union's energy and resources independence;
2022/04/25
Committee: ITRE
Amendment 164 #

2022/2008(INI)

Motion for a resolution
Paragraph 7
7. Welcomes the Commission’s announcement issuing guidance on public procurement; stresses that public procurement is an essential instrument for national and economic security and for supporting the uptake of and demand for clean products; calls, in this regard, on the Commission to review public procurement and competition rules where needed, while simultaneously avoiding state intervention and protective measures which erode EU competition policy and functioning of the Single Market;
2022/04/25
Committee: ITRE
Amendment 175 #

2022/2008(INI)

Motion for a resolution
Paragraph 7 a (new)
7a. Underlines the importance of a fully integrated circular economy to create an efficient and decarbonised industry; calls on the Commission to undertake analyses on how products can be recycled and reintroduced into the product cycle; calls on the Commission to give particular consideration when it comes to funding and tender opportunities of the European Union to projects of companies that are innovative frontrunners as regards building and advancing the circular economy;
2022/04/25
Committee: ITRE
Amendment 220 #

2022/2008(INI)

Motion for a resolution
Paragraph 10 a (new)
10a. Is concerned about the increasing level of administrative burden for companies; stresses that Europe is experiencing a turning point due to the Russian war of aggression against Ukraine and the consequences of the Covid-19 pandemic; calls on the Commission to introduce a moratorium on bureaucracy, as companies are already severely challenged by high industrial energy prices, in some cases insufficient energy infrastructure, complications in logistics and shortage of skilled workers;
2022/04/25
Committee: ITRE
Amendment 247 #

2022/2008(INI)

Motion for a resolution
Paragraph 12 a (new)
12a. Underlines that the Carbon Border Adjustment Mechanism (CBAM) intends to prevent the risk of carbon leakage on the EU market; states that it is essential to avoid the risk that products exported from the EU are replaced by more carbon intensive goods on the global market; calls on the Commission to present a legislative proposal to develop WTO- compatible solutions, such as an export adjustment mechanism, to be implemented to avoid carbon leakage on European exports, while preserving emission reduction targets; reiterates that in order for CBAM to be efficient in lowering carbon leakage, all possible circumvention practices should be addressed;
2022/04/25
Committee: ITRE
Amendment 252 #

2022/2008(INI)

Motion for a resolution
Paragraph 12 b (new)
12b. Considers the roll out of the hydrogen economy for the success of the Fit For 55 goals essential; in this regard stresses the need for a broad-based strategy for the importation of renewable electricity, renewable hydrogen and low- carbon energy from as many naturally suitable regions as possible is necessary, also to reduce fossil dependencies;
2022/04/25
Committee: ITRE
Amendment 254 #

2022/2008(INI)

Motion for a resolution
Paragraph 12 c (new)
12c. Calls on Member States to diversify their energy mix in order to increase the EUs energy security; the energy mix needs to continue to include sources such as LNG and nuclear in order to avoid energy crisis, market distortion, inflation and energy poverty; emphasizes the need for biomass as a renewable source, as well as support for sustainable forest and land management, needed for long-term storage, adaption and removal of carbon;
2022/04/25
Committee: ITRE
Amendment 262 #

2022/2008(INI)

Motion for a resolution
Paragraph 13
13. Calls on the Commission and the Member States to bring down the time needed to issue permits substantially and create fast-track permitting procedures for infrastructure that supports industry in the energy transition; calls on Member States and the Commission to establish permitting procedures with a clear governance structure that establishes legal certainty in order to attract the necessary investors and lower the investment risk;
2022/04/25
Committee: ITRE
Amendment 279 #

2022/2008(INI)

Motion for a resolution
Paragraph 14
14. Calls on the Member States and the Commission to accelerate the implementation of all EU RDI, infrastructure and digital programmes and instruments, including important projects of common European interest, and industrial alliances that develop innovative breakthrough technologies needed for the energy transition, such as clean steel, clean aviation, e-fuels, energy storage, energy sector integration, P2x2P systems, clean fertilisers, e- cracking and small modular reactors;
2022/04/25
Committee: ITRE
Amendment 316 #

2022/2008(INI)

Motion for a resolution
Paragraph 17
17. Is strongly concerned about unfair competition, investments and takeovers by non-EU state-financed companies on the single market, especially in strategic sectors; calls on the Commission to analyse and prevent this interference. Overall, the well-established framework of EU competition policy should not be undermined and fair competition should be promoted among non-EU and EU companies alike operating in the EU Single Market;
2022/04/25
Committee: ITRE
Amendment 40 #

2022/2005(INI)

Motion for a resolution
Recital B
B. whereas the EU Action Plan is the first EU policy instrument to recognise the structural dimension of racism, which has historical roots datingand in some Member States dates back to colonialism and slavery while in others exists due to other factors;
2022/06/03
Committee: LIBE
Amendment 63 #

2022/2005(INI)

Motion for a resolution
Recital D
D. whereas structural and institutionalised racism is also mirrored in socioeconomic inequality and poverty, and whereas these factors interact and reinforce each other;
2022/06/03
Committee: LIBE
Amendment 88 #

2022/2005(INI)

Motion for a resolution
Recital E
E. whereas there are barriers to access justice for victims of racial discrimination; whereas some equality bodies in the Member States lack the human and financial resources and/or political will and independence to bridge this gap;
2022/06/03
Committee: LIBE
Amendment 108 #

2022/2005(INI)

Motion for a resolution
Recital F
F. whereas the EU Action Plan lacksis an important step towards tackling racism in the EU; whereas it does not foresee follow-up mechanisms and measurable targets;
2022/06/03
Committee: LIBE
Amendment 147 #

2022/2005(INI)

Motion for a resolution
Paragraph 1
1. Emphasises the urgent need for the Union to develop a robust and comprehensive agenda for effectively combating racism and discrimination on all grounds and in all areas in the EU; insists that the Union and its institutions must lead by example in the fight against structural and institutional racism and anti- discrimination;
2022/06/03
Committee: LIBE
Amendment 148 #

2022/2005(INI)

Motion for a resolution
Paragraph 1
1. Emphasises the urgent need for the Union to develop a robust and comprehensive agenda for effectively combating racism and discrimination on all grounds and in all areas in the EU; insists that the Union and its institutions must lead by example in the fight against structural and institutional racism and anti- discrimination;
2022/06/03
Committee: LIBE
Amendment 156 #

2022/2005(INI)

Motion for a resolution
Paragraph 2
2. Calls on the Commission to assesscontinue the assessment of the implementation of the current EU legal framework for combating discrimination, racism, xenophobia and other types of intolerance in order to determine how to improve it where needed, and to take part in a regular dialogue and exchange of best practices with Member States and stakeholders, local governments and stakeholders; calls for concrete steps to address possible gaps identified in the course of this assessment;
2022/06/03
Committee: LIBE
Amendment 163 #

2022/2005(INI)

Motion for a resolution
Paragraph 2 a (new)
2a. Regrets that Roma communities remain one of the most discriminated and vulnerable groups in the EU; call on the Member States to implement the recommendation of the Council of the European Union on Roma equality, inclusion and participation adopted on 12 March 202 as well as EU Roma Strategic Framework for equality, inclusion and participation for 2020-2030 and to make full use of the available funding on both the EU and the national levels towards this end; calls on the Commission to intensify the monitoring of Member States’ progress and take further steps accordingly;
2022/06/03
Committee: LIBE
Amendment 165 #

2022/2005(INI)

Motion for a resolution
Paragraph 2 a (new)
2a. Calls on the Commission and the Member States to take action against the alarming increase in antisemitism in the Union; is of the opinion that the will to accommodate other religious minorities in some cases has created an unjustifiable acceptance of antisemitism;
2022/06/03
Committee: LIBE
Amendment 168 #

2022/2005(INI)

Motion for a resolution
Paragraph 2 b (new)
2b. Calls on the Commission to implement zero tolerance for EU support for projects that directly or indirectly express antisemitism; emphasizes in this context that it is an important issue of credibility for the EU that the external action of the union in this respect is linked to other EU policies; calls therefore on the Commission to change its policy regarding UNRWA so that there is a clear conditionality in the fight against antisemitism in order to gain access to EU funds;
2022/06/03
Committee: LIBE
Amendment 179 #

2022/2005(INI)

Motion for a resolution
Paragraph 3 a (new)
3a. Emphasizes that all EU action in the field of employment and social affairs, including actions taken to increase gender equality and measures to strengthen the position of ethnic minorities, must be based on respect for the Union's widely differing labour market models as well as the principle of subsidiarity;
2022/06/03
Committee: LIBE
Amendment 191 #

2022/2005(INI)

Motion for a resolution
Paragraph 4 c (new)
4c. Call on the European Commission to monitor the application of the existing EU anti-discrimination legal framework and to take further steps where necessary, including infringement procedures in case of breaches of the EU law;
2022/06/03
Committee: LIBE
Amendment 202 #

2022/2005(INI)

Motion for a resolution
Paragraph 5 a (new)
5a. Calls on Member States to apply the key guiding principles on encouraging reporting of hate crime developed in March 2021 by Working Group on hate crime recording, data collection and encouraging reporting; encourages exchange of best practices among relevant authorities;
2022/06/03
Committee: LIBE
Amendment 204 #

2022/2005(INI)

Motion for a resolution
Paragraph 5 b (new)
5b. underlines that Artificial Intelligence (AI) has a potential of helping identify and reduce the impact of human biases and can be used in mapping groups that are discriminated through application of AI software on data sets; recognises however the risks of reinforcing the existing discrimination and stresses therefore the importance of the quality of data used in the development of algorithms, as the standard of AI systems relies on the data used to train them; underscores that AI system that is trained on low quality data, does not meet adequate requirements in terms of its accuracy or robustness, or is not properly designed and tested before put into service, it may single out people in a discriminatory or otherwise incorrect or unjust manner;
2022/06/03
Committee: LIBE
Amendment 217 #

2022/2005(INI)

Motion for a resolution
Paragraph 6
6. Demands thatCalls on the Member States to end unjust racial or ethnic profiling in all forms, encompassing artificial intelligence (AI) tools and including in criminal law enforcement, counter-terrorism measures and immigration controls, and to officially recognise and combat practices of unlawful discrimination and violence through anti- racism and anti-bias training for the authorities;
2022/06/03
Committee: LIBE
Amendment 219 #

2022/2005(INI)

Motion for a resolution
Paragraph 6
6. Demands that the Member States end racial or ethnic profiling in all forms, encompassingUnderlines that artificial intelligence (AI) tools and, including in criminal law enforcement, counter-terrorism measures and immigration controls, cand to officially recognise and be effective tools to combat practices of unlawful discrimination and violence through anti- racism and anti-bias training for the authoritiesimprove the protection of minorities in the EU;
2022/06/03
Committee: LIBE
Amendment 235 #

2022/2005(INI)

Motion for a resolution
Paragraph 7 a (new)
7a. Emphasises that according to FRA survey (2021) Your Rights Matter: Police Stops, the majority in the EU as a whole thinks that police generally treats people with respect “frequently” or “always”; notes however that there are disparities between Member States; stresses that there is a correlation between trust among citizens and the readiness to report a crime when witnessing it;
2022/06/03
Committee: LIBE
Amendment 236 #

2022/2005(INI)

Motion for a resolution
Paragraph 7 b (new)
7b. Calls on CEPOL for more training on how to avoid unlawful profiling in law enforcement context and to assist with understanding and eliminating bias; recalls that the FRA Handbook on Preventing Unlawful Profiling Today And In The Future (2018) provides practical information that can be directly used by national authorities in their own trainings;
2022/06/03
Committee: LIBE
Amendment 242 #

2022/2005(INI)

Motion for a resolution
Paragraph 8
8. Urges the EU institutions to address intersectional forms of discrimination in EU anti-discrimination legislation and policies and to promote an EU framework on intersectional discrimination with cross- cutting objectives and measures, including an EU-wide ban for radical hate preachers to enter the common territory;
2022/06/03
Committee: LIBE
Amendment 244 #

2022/2005(INI)

Motion for a resolution
Paragraph 8
8. Urges the EU institutions to address intersectionall forms of discrimination in EU anti- discrimination legislation and policies and to promote an EU framework on intersectional discrimination with cross-cutting objectives and measures;
2022/06/03
Committee: LIBE
Amendment 249 #

2022/2005(INI)

Motion for a resolution
Paragraph 9
9. Emphasises the need to ensure meaningful participation of all groups affected by intersectional discrimination in policymaking at EU, national and local levels, especially racialised groups; calls on the Commission and Member States to amplify the measures against so called 'honour crimes', which restricts the rights and freedom of minorities, in particular women and girls, to fully participate in society;
2022/06/03
Committee: LIBE
Amendment 255 #

2022/2005(INI)

Motion for a resolution
Paragraph 9
9. Emphasises the need to ensure meaningful participation of all groups affected by intersectional discrimination in policymaking at EU, national and local levels, especially racialised groups;
2022/06/03
Committee: LIBE
Amendment 257 #

2022/2005(INI)

Motion for a resolution
Paragraph 9
9. Emphasises the need to ensure meaningful participation of all groups affected by intersectional discrimination in policymaking at EU, national and local levels, especially racialised groupincluding ethnic minorities;
2022/06/03
Committee: LIBE
Amendment 298 #

2022/2005(INI)

Motion for a resolution
Paragraph 14
14. Calls for structural and institutionalised racism, discrimination and the underrepresentation of minorities within the structures of the European institutions to be addressed and for the adoption of a workforce diversity and inclusion strategy;
2022/06/03
Committee: LIBE
Amendment 303 #

2022/2005(INI)

Motion for a resolution
Paragraph 14 a (new)
14a. Reiterate its call on all Member States and the Union institutions and agencies to adopt and apply the working definition of anti-Semitism employed by the International Holocaust Remembrance Alliance (IHRA)1a; stresses the urgent need for comprehensive educational measures at all levels to promote the IHRA working definition of anti-Semitism; _________________ 1a Resolution on combating anti-Semitism (2017/2692(RSP) of 29 May 2017
2022/06/03
Committee: LIBE
Amendment 314 #

2022/2005(INI)

Motion for a resolution
Paragraph 15
15. Welcomes the Commission’s appointment of the first anti-racism coordinator in 2021 and the continuous re- appointment since 2015 of the coordinator on combating anti-semitism and fostering Jewish life; but deplores that the position of anti-muslim hatred coordinator has been left vacant since July 2021;
2022/06/03
Committee: LIBE
Amendment 317 #

2022/2005(INI)

Motion for a resolution
Paragraph 15 a (new)
15a. Regrets that the Jewish population in Europe have decreased in the past years and a further 38 % of European Jews are considering leaving Europe due to concern for their safety and security. Deplores the rising levels of anti-Semitism in Europe, partly but not limited to, immigration from countries where anti- Semitic views are common. Calls of the Member States to increase the number of expulsions of third country nationals found guilty of hate crimes.
2022/06/03
Committee: LIBE
Amendment 319 #

2022/2005(INI)

Motion for a resolution
Paragraph 15 a (new)
15a. Calls on the Commission to swiftly appoint the anti-muslim hatred coordinator; regrets that the post has been vacant since July 2021;
2022/06/03
Committee: LIBE
Amendment 322 #

2022/2005(INI)

Motion for a resolution
Paragraph 15 b (new)
15b. Calls on the Commission and Member States to ban participation in criminal networks as a way to provide law enforcement agencies with more effective tools to protect minorities from hate crimes;
2022/06/03
Committee: LIBE
Amendment 324 #

2022/2005(INI)

Motion for a resolution
Paragraph 15 c (new)
15c. Calls on the Commission and Member States to ensure access for Jewish communities to easily receive financial support for their security-related spending with due regard to the increase security threat towards Jewish religious sites.
2022/06/03
Committee: LIBE
Amendment 337 #

2022/2005(INI)

Motion for a resolution
Paragraph 17
17. Calls for the systematic integration of issues related to anti-racism, discrimination and intersectionality into its annual reports on fundamental rights and the rule of law; calls for this dimension to be fully integrated and reflected in the final report of the panel of independent experts to be set up through the public procurement procedure requested by Parliament’s Bureau as part of the rule of law report;
2022/06/03
Committee: LIBE
Amendment 52 #

2022/0402(CNS)

Proposal for a regulation
Recital 8
(8) While the Union has competence to adopt measures on family law with cross- border implications such as rules on international jurisdiction, applicable law and the recognition of parenthood between Member States, to date the Union has not adopted provisions in those areas as regards parenthood. The Member States’ provisions currently applicable in these areas differ. In order to increase the safety of children and to make it easier for families to live in the EU, it is important that the Union adopt regulations that make parenthood legal across national borders as a prerequisite for equality.
2023/07/25
Committee: LIBE
Amendment 70 #

2022/0402(CNS)

Proposal for a regulation
Recital 18
(18) Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950 (‘European Convention of Human Rights’) lays down the right to respect for private and family life, while Article 1 of Protocol No. 12 to the said Convention provides that the enjoyment of any right set forth by law must be secured without discrimination on any ground, including birth. The European Court of Human Rights has interpreted Article 8 of the Convention as requiring all States within its jurisdiction to recognise the legal parent-child relationship established abroad between a child born out of surrogacy and the biological intended parent, and to provide for a mechanism for the recognition in law of the parent-child relationship with the non-biological intended parent (for example through the adoption of the child)54 . It is important that the EU facilitates the recognition of parenting regardless of how the child was born or the constellation of the child's family. _________________ 54 For example, Mennesson v. France (Application no 65192/11, Council of Europe: European Court of Human Rights, 26 June 2014) and Advisory Opinion P16- 2018-001 (Request no. P16-2018-001, Council of Europe: European Court of Human Rights, 10 April 2019).
2023/07/25
Committee: LIBE
Amendment 84 #

2022/0402(CNS)

Proposal for a regulation
Recital 24
(24) For the purposes of this Regulation, parenthood, also referred to as filiation, may be biologic, genetic, by adoption or by operation of law. Also for the purposes of this Regulation, parenthood should mean the parent-child relationship established in law, and should cover the legal status of being the child of a particular parent or parents. This Regulation should cover the parenthood established in a Member State of both minors and adults, including a deceased child and a child not yet born, whether to a single parent, a de facto couple, a married couple or a couple in a relationship which, under the law applicable to such relationship, has comparable effects, such as a registered partnership. This Regulation should apply regardless of the nationality of the child whose parenthood is to be established, and regardless of the nationality of the parents of the child. This regulation should apply regardless of how the child came into being or what the family constellation looks like. The term ‘parent’ in this Regulation should be understood, as applicable, as referring to the legal parent, the intended parent, the person who claims to be a parent or the person in respect of whom the child claims parenthood.
2023/07/25
Committee: LIBE
Amendment 94 #

2022/0402(CNS)

Proposal for a regulation
Recital 30
(30) This Regulation should not apply to preliminary questions such as the existence, validity or recognition of a marriage or a relationship deemed by the law applicable to it as having comparable effects, such as registered partnership, which should continue to be governed by the national law of the Member States, including their rules of private international law and, where relevant, by the case law of the Court of Justice on free movement.
2023/07/25
Committee: LIBE
Amendment 101 #

2022/0402(CNS)

Proposal for a regulation
Recital 34
(34) Notwithstanding the differences in national laws, parenthood is typically established by operation of law or by an act of a competent authority. Examples of the establishment of parenthood by operation of law include parenthood by birth as regards the person giving birth, and parenthood by legal presumption as regards the spouse or the registered partner of the person giving birth. Examples of the establishment of parenthood by an act of a competent authority include the establishment of parenthood by a court decision (such as in adoption, or in proceedings where parenthood is contested, or in proceedings where parenthood is claimed, for example by proving a possession of state), by a notarial deedact (for example, in adoption or where the child is not yet born), by an administrative decision (for example, after an acknowledgment of paternity) or by registration. Parenthood is typically registered in the civil, personal or population register. Evidence of parenthood can be provided by the document establishing the parenthood (such as the court decision, the notarial deed or the administrative decision establishing parenthood). However, evidence of parenthood is most often provided by the registration of the parenthood in the register itself, by an extract from the relevant register or by a certificate containing the information registered in the relevant register (such as a birth certificate or a parenthood certificate).
2023/07/25
Committee: LIBE
Amendment 133 #

2022/0402(CNS)

Proposal for a regulation
Recital 59
(59) Depending on the national law, an authentic instrument establishing parenthood with binding legal effect in the Member State of origin can be, for example, a notarial deedact of adoption or an administrative decision establishing parenthood following an acknowledgment of paternity. This Regulation should also provide for the acceptance of authentic instruments which have no binding legal effect in the Member State of origin but which have evidentiary effects in that Member State. Depending on the national law, such an authentic instrument can be, for example, a birth certificate or a parenthood certificate providing evidence of the parenthood established in the Member State of origin (whether the parenthood has been established by operation of law or by an act of a competent authority, such as a court decision, a notarial deedact, an administrative decision or registration).
2023/07/25
Committee: LIBE
Amendment 161 #

2022/0402(CNS)

Proposal for a regulation
Recital 76
(76) In order for the recognition of the parenthood established in a Member State to be settled speedily, smoothly and efficiently, children or their parent(s) should be able to demonstrate easily the children’s status in another Member State. It is an important step to reduce bureaucracy and increase access to free movement in the European Union as a means of promoting equality. To enable them to do so, this Regulation should provide for the creation of a uniform certificate, the European Certificate of Parenthood, to be issued for use in another Member State. In order to respect the principle of subsidiarity, the European Certificate of Parenthood should not takreplace the place of internal documents which may exist for similar purposes in the Member States.
2023/07/25
Committee: LIBE
Amendment 185 #

2022/0402(CNS)

Proposal for a regulation
Article 1 – paragraph 1
This Regulation lays down common rules on jurisdiction and applicable law for the establishment of parenthood in a Member State in cross-border situations; common rules for the mutual recognition or, as the case may be, acceptance in a Member State of court decisions on parenthood given, and authentic instruments on parenthood drawn up or registered, in another Member State; and creates a European Certificate of Parenthood.
2023/07/25
Committee: LIBE
Amendment 201 #

2022/0402(CNS)

Proposal for a regulation
Article 4 – paragraph 1 – point 4
4. 'court' means any judicial authority in a Member State thatand all other authorities of a Member State with jurisdiction in matters of parenthood which exercises judicial functions in matters of parenthood; or act pursuant to a delegation of power by a judicial authority or act under the control of a judicial authority, provided that such other authorities offer guarantees with regard to the impartiality and the right of all parties to be heard and provided that their decisions under the law of the Member State in which they operate:
2023/07/25
Committee: LIBE
Amendment 202 #

2022/0402(CNS)

Proposal for a regulation
Article 4 – paragraph 1 – point 4 a (new)
4a. may be made the subject of an appeal to or review by a judicial authority; and
2023/07/25
Committee: LIBE
Amendment 203 #

2022/0402(CNS)

Proposal for a regulation
Article 4 – paragraph 1 – point 4 b (new)
4b. have a similar force and effect as a decision of a judicial authority on the same matter.
2023/07/25
Committee: LIBE
Amendment 232 #

2022/0402(CNS)

Proposal for a regulation
Article 18 – paragraph 1 – point a
(a) the procedures toconditions for establishing or contesting parenthood;
2023/07/25
Committee: LIBE
Amendment 250 #

2022/0402(CNS)

Proposal for a regulation
Article 22 – paragraph 1
1. The application of a provision of the law of any State specified by this Regulation may be refused only if such application is manifestly incompatible with the public policy (ordre public) of the forum, taking into account the best interests of the child.
2023/07/25
Committee: LIBE
Amendment 256 #

2022/0402(CNS)

Proposal for a regulation
Article 22 – paragraph 2
2. Paragraph 1 shall be applied by the courts and other competent authorities of the Member States in observaccordance ofwith the fundamental rights and principles laid down in the Charter, in particular Article 21 thereof on the right to non- discrimination.
2023/07/25
Committee: LIBE
Amendment 274 #

2022/0402(CNS)

Proposal for a regulation
Article 31 – paragraph 1 – point a
(a) if such recognition is manifestly contrary to the public policy of the Member State in which recognition is invoked, taking into account the child’sbest interests of the child;
2023/07/25
Committee: LIBE
Amendment 285 #

2022/0402(CNS)

Proposal for a regulation
Article 31 – paragraph 2
2. Point (a) of paragraph 1 shall be applied by the courts and other competent authorities of the Member States in observaccordance ofwith the fundamental rights and principles laid down in the Charter, in particular Article 21 thereof on the right to non-discrimination.
2023/07/25
Committee: LIBE
Amendment 303 #

2022/0402(CNS)

Proposal for a regulation
Article 39 – paragraph 1 – point a
(a) if such recognition is manifestly contrary to the public policy of the Member State in which recognition is invoked, taking into account the child’sbest interests of the child;
2023/07/25
Committee: LIBE
Amendment 310 #

2022/0402(CNS)

Proposal for a regulation
Article 39 – paragraph 2
2. Point (a) of paragraph 1 shall be applied by the courts and other competent authorities of the Member States in observaccordance ofwith the fundamental rights and principles laid down in the Charter, in particular Article 21 thereof on the right to non-discrimination.
2023/07/25
Committee: LIBE
Amendment 328 #

2022/0402(CNS)

Proposal for a regulation
Article 45 – paragraph 2
2. The public policy (ordre public) referred to in paragraph 1 shall be applied by the courts and other competent authorities of the Member States in observaccordance ofwith the fundamental rights and principles laid down in the Charter, in particular Article 21 thereof on the right to non-discrimination.
2023/07/25
Committee: LIBE
Amendment 341 #

2022/0402(CNS)

Proposal for a regulation
Article 49 – paragraph 3 – point h
(h) any other relevant information which the applicant deems useful for the purposes of the issuance of the Certificate.
2023/07/25
Committee: LIBE
Amendment 361 #

2022/0402(CNS)

Proposal for a regulation
Article 56 – paragraph 1 – subparagraph 3
The challenge shall be lodged before a court in the Member State of the issuing authority in accordance with the law of that Member State and where applicable in cooperation with national equality bodies.
2023/07/25
Committee: LIBE
Amendment 110 #

2022/0396(COD)

Proposal for a regulation
Recital 12
(12) In line with the waste hierarchy set out in Article 4(21) of Directive 2008/98/EC, and with the requirement set in paragraph 2 of Article 4 of the same Directive, which foresees that specific waste streams may depart from the hierarchy where this is in line with life- cycle thinking to deliver the best overall environmental outcome, the measures provided for under this Regulation aim at reducing the amount of packaging placed on the market in terms of its volume and weight, and preventing the generation of packaging waste, especially through packaging minimisation, avoiding packaging where it is not needed, and increased re-use of packagingand recycling of packaging while delivering the best environmental outcome. In addition, the measures aim at increasing the use of recycled content in packaging, especially in plastic packaging where the uptake of recycled content is very low, as well as higher recycling rates for all packaging and high quality of the resulting secondary raw materials while reducing other forms of recovery and final disposal.
2023/05/25
Committee: ITRE
Amendment 121 #

2022/0396(COD)

Proposal for a regulation
Recital 20
(20) Designing packaging with the objective of its recycling, once it becomes packaging waste, is one the most efficient measures to improve the packaging circularity and raise packaging recycling rates and the use of recycled content in packaging, while assuring marketing and consumer acceptance and preserving all its functions. Packaging design for recycling criteria have been established for a number of packaging formats under voluntary industry schemes or by some Member States for the purpose of the modulation of extended producer responsibility fees. In order to prevent barriers to the internal market and provide industry with a level playing field, and with the objective to promote the sustainability of packaging assuring marketing and consumer acceptance and preserving all its functions, it is important to set mandatory requirements regarding the recyclability of packaging, by harmonising the criteria and the methodology for assessing packaging recyclability based on a design for recycling methodology at the Union level. In order to meet the objective set out in the CEAP that, by 2030, all packaging should be recyclable or reusable, in an economically viable manner, packaging recyclability performance grades should be established based on design for recycling criteria for packaging categories as listed in Annex II. However, packaging should comply with them only as of 1 January 2030 in order to give sufficient time to the economic operators to adapt.
2023/05/25
Committee: ITRE
Amendment 123 #

2022/0396(COD)

Proposal for a regulation
Recital 20 a (new)
(20a) Careful consideration should be given to situations when the packaging's technical and qualitative characteristics conflict with total recyclability when determining the design for recycling criteria. The product's performance and its effects on the environment, particularly in terms of hygiene, healthiness and food safety, must then be carefully considered.
2023/05/25
Committee: ITRE
Amendment 124 #

2022/0396(COD)

Proposal for a regulation
Recital 21
(21) As design for recycling assessment in itself does not ensure that packaging is recycled in practice, it is necessary to establish a uniform methodology and criteria for assessing the recyclability of packaging in practice based on the state-of- the-art separate collection, sorting and recycling processes and infrastructure actually available in the Union. Related reporting from Member States and, where relevant, economic operators should support establishing the recyclability “at scale” thresholds and update, on this basis, the recyclability performance grades with respect to the specific packaging materials and categories, preserving the added value conveyed to the final consumer with the packaging.
2023/05/25
Committee: ITRE
Amendment 125 #

2022/0396(COD)

Proposal for a regulation
Recital 22
(22) In order to establish harmonised rules on packaging design to ensure its recyclability while ensuring packaging performs all its functions and assuring marketing and consumer acceptance, the power to adopt delegated acts should be delegated to the Commission to set out detailed criteria for packaging design for recycling per packaging materials and categories, as well as for the assessment of the packaging recyclability at scale including for categories of packaging not listed in this Regulation. These criteria shall not conflict with the quality requirements and technical functionality that the packaging shall ensure. In order to give economic operators and Member States sufficient time to collect and report the necessary data to establish the “at scale” recycling methodology, the manufacturers should ensure that packaging is recycled at scale as of 2035. That should ensure that packaging complies with the design for recycling criteria, and is also recycled in practice on the basis of the state of the art processes for separate collection, sorting and recycling.
2023/05/25
Committee: ITRE
Amendment 149 #

2022/0396(COD)

Proposal for a regulation
Recital 44
(44) It is necessary to inform consumers and to enable them to appropriately dispose of packaging waste, including compostable lightweight and very lightweight plastic carrier bags. The most appropriate manner to do this is to establish a harmonised labelling system based on the material composition of packaging for sorting of waste, and to pair it with corresponding labels on waste receptacles. To this end, the European Commission and Member States shall provide the necessary tools and incentives, including economic ones, with special attention to micro and small enterprises.
2023/05/25
Committee: ITRE
Amendment 159 #

2022/0396(COD)

Proposal for a regulation
Recital 61
(61) In order to ensure a high level of environmental protection in the internal market as well as a high level of food safety and hygiene, and facilitate the achievement of the packaging waste prevention targets, unnecessary or avoidable packaging should not be allowed to be placed on the market. The list of such packaging formats is provided in Annex V of this Regulation. In order to adapt the list to the technical and scientific progress the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to amend the list.deleted
2023/05/25
Committee: ITRE
Amendment 198 #

2022/0396(COD)

Proposal for a regulation
Recital 108
(108) As a specific packaging waste generation prevention measure, Member States should actively encourage the re-use and refill solutions, unless a life cycle assessment shows, that a recyclable single-use packaging is the better alternative. They should support the establishment of systems for re-use and refill and monitor their functioning and compliance with the hygiene standards. Member States are encouraged to take also other measures, such as setting up deposit and return systems covering reusable packaging formats, using economic incentives or establishing requirements for final distributors to make available a certain percentage of other products than those covered by re-use and refill targets in reusable packaging or through refill provided that such requirements will not result in fragmentation of single market and creation of trade barriers.
2023/05/25
Committee: ITRE
Amendment 205 #

2022/0396(COD)

Proposal for a regulation
Article 1 – paragraph 3
3. This Regulation contributes to the transition to a circular economy and achieving climate neutrality by 2050 as provided for under the Climate Law, by laying down measures in line with the hierarchy of waste in accordance with Article 4 of Directive 2008/98/EC.
2023/05/25
Committee: ITRE
Amendment 206 #

2022/0396(COD)

Proposal for a regulation
Article 1 – paragraph 3 a (new)
3a. This Regulation contributes to the shifting to a bio-based economy.
2023/05/25
Committee: ITRE
Amendment 207 #

2022/0396(COD)

Proposal for a regulation
Article 2 – paragraph 1
1. This Regulation applies to all packaging, with the exception of packaging approved for the transport of dangerous goods regardless of the material used, and to all packaging waste, whether such waste is used in or originates from industry, other manufacturing, retail or distribution, offices, services or households.
2023/05/25
Committee: ITRE
Amendment 210 #

2022/0396(COD)

Proposal for a regulation
Article 2 – paragraph 2
2. This Regulation applies without prejudice to Union regulatory requirements for packaging such as those regarding safety, quality, the protection of health and the hygiene of the packed products, or to transport requirements, as well as without prejudice to the provisions of the Directive 2008/98/EC as regards the management of hazardous waste and the options that deliver the best overall environmental outcome. .
2023/05/25
Committee: ITRE
Amendment 223 #

2022/0396(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 22 a (new)
(22a) 'renewable' means the ability of a natural resource to regenerate and recover over time, thus being infinite when growth is greater than consumption.
2023/05/25
Committee: ITRE
Amendment 249 #

2022/0396(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 39 a (new)
(39a) "Recycled content in plastic packaging" refers to the quantity of material contained in the plastic packaging derived through any recycling process or pre- and post-consumer waste, whether mechanically, physically, or chemically recycled.
2023/05/25
Committee: ITRE
Amendment 262 #

2022/0396(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 60 a (new)
(60a) ‘plastic packaging’ means a packaging that is wholly or predominantly made of plastic.
2023/05/25
Committee: ITRE
Amendment 266 #

2022/0396(COD)

Proposal for a regulation
Article 4 – paragraph 4
4. In case Member States choose to maintain or introduce national sustainability requirements or information requirements additional to those laid down in this Regulation, those requirements shall not conflict with those laid down in this Regulation and the Member States shall not prohibit, restrict or impede the placing on the market of packaging that complies with the requirements under this Regulation for reasons of non-compliance with those national requirements.deleted
2023/05/25
Committee: ITRE
Amendment 276 #

2022/0396(COD)

Proposal for a regulation
Article 4 – paragraph 6 a (new)
6a. Medicinal products, as defined in Article 1, point (2) of Directive 2001/83/EC, that have been lawfully placed on the market before the date of application referred to in Article 65 of this Regulation or the date of entry into force of specific measures, and that have not been repackaged or relabelled after these dates, may be further made available on the market until their expiry date without being required to comply with the specific rules laid down in Articles 6, 7, 11 and 13.
2023/05/25
Committee: ITRE
Amendment 492 #

2022/0396(COD)

Proposal for a regulation
Article 11 – paragraph 8 a (new)
8a. Packaging which is put on the market before the date mentioned in paragraph 1 and 2 may be marketed until the end of its life.
2023/05/25
Committee: ITRE
Amendment 502 #

2022/0396(COD)

Proposal for a regulation
Article 21 – paragraph 1
1. EFrom 1 January 2030 economic operators who supply products to a final distributor or an end user in grouped packaging, transport packaging or e- commerce packaging, shall ensure that, as an average of all such packaging that the economic operator places on the market per calendar year, the empty space ratio is maximum 40 %.
2023/05/25
Committee: ITRE
Amendment 517 #

2022/0396(COD)

Proposal for a regulation
Article 22
Restrictions on use of certain packaging 1. Economic operators shall not place on the market packaging in the formats and for the purposes listed in Annex V. 2. By way of derogation from paragraph 1, economic operators shall not place on the market packaging in the formats and for the purposes listed in point 3 of Annex V as of 1 January 2030. 3. Member States may exempt economic operators from point 3 of Annex V if they comply with the definition of micro- company in accordance with rules set out in the Commission Recommendation 2003/361, as applicable on [OP: Please insert the date = the date of entry into force of this Regulation], and where it is not technically feasible not to use packaging or to obtain access to infrastructure that is necessary for the functioning of a reuse system. 4. The Commission shall be empowered to adopt delegated acts in accordance with Article 58 to amend Annex V in order to adapt it to technical and scientific progress with the objective to reducing packaging waste. When adopting those delegated acts, the Commission shall consider the potential of the restrictions on the use of specific packaging formats to reduce the packaging waste generated while ensuring an overall positive environmental impact, and shall take into account the availability of alternative packaging solutions that meet requirements set out in legislation applicable to contact sensitive packaging, as well as their capability to prevent microbiological contamination of the packaged product.Article 22 deleted formats
2023/05/25
Committee: ITRE
Amendment 541 #

2022/0396(COD)

Proposal for a regulation
Article 22 – paragraph 4
4. The Commission shall be empowered to adopt delegated acts in accordance with Article 58 to amend Annex V in order to adapt it to technical and scientific progress with the objective to reducing packaging waste. When adopting those delegated acts, the Commission shall consider the potential of the restrictions on the use of specific packaging formats to reduce the packaging waste generated while ensuring an overall positive environmental impact, and shall take into account the availability of alternative packaging solutions that meet requirements set out in legislation applicable to contact sensitive packaging, as well as their capability to prevent microbiological contamination of the packaged product.
2023/05/25
Committee: ITRE
Amendment 668 #

2022/0396(COD)

Proposal for a regulation
Article 26 – paragraph 10 – introductory part
10. Economic operators using grouped packaging in the form of boxes, excluding cardboard, used outside of sales packaging to group a certain number of products to create a stock-keeping or distribution unit shall ensure that:
2023/05/25
Committee: ITRE
Amendment 689 #

2022/0396(COD)

Proposal for a regulation
Article 26 – paragraph 12 – subparagraph 2
This obligation applies to pallets, boxes, excluding cardboard, trays, plastic crates, intermediate bulk containers, drums and canisters, of all sizes and materials, excluding cardboard and including flexible formats. In accordance with paragraph 2 of Article 4 of Directive 2008/98/EC, this obligation shall not apply to economic operators using transport packaging in (a) and (b) for which recycling is organized by the economic operator and it can be demonstrated that recycling works at scale in practice.
2023/05/25
Committee: ITRE
Amendment 704 #

2022/0396(COD)

Proposal for a regulation
Article 26 – paragraph 13 – subparagraph 2
This obligation applies to pallets, boxes, excluding cardboard, plastic crates intermediate bulk containers, and drums, of all sizes and materials, excluding cardboard including flexible formats. In accordance with paragraph 2 of Article 4 of Directive 2008/98/EC, this obligation shall not apply to economic operators using transport packaging in (a) and (b) for which recycling is organized by the economic operator and it can be demonstrated that recycling works at scale in practice.
2023/05/25
Committee: ITRE
Amendment 731 #

2022/0396(COD)

Proposal for a regulation
Article 26 – paragraph 15 a (new)
15a. Economic operators shall be exempted from the obligation to meet the targets in this article when duly justified by concerns related to public health, food hygiene and safety, product integrity or environmental issues.
2023/05/25
Committee: ITRE
Amendment 748 #

2022/0396(COD)

Proposal for a regulation
Article 26 – paragraph 16 – subparagraph 1 (new)
Exemptions from the obligation to meet the targets laid down in paragraphs 1 to 13 shall apply provided that by 2030 the packaging material as defined in Annex II: a) reaches a collection rate of 85 % or more; and b) is recycled at scale, according to paragraph 6 of Article 6
2023/05/25
Committee: ITRE
Amendment 750 #

2022/0396(COD)

Proposal for a regulation
Article 26 – paragraph 17
17. By [OP: Please insert the date = 8 years after the date of entry into force of this Regulation], the Commission shall review the situation regarding reuse of packagingassess the impact of the packaging reuse targets and, on this basis, assess the appropriateness of establishingneed for new measures, reviewing the targets laid down in this Article, and setting new targets for the reuse and refill of packaging, and where necessary present. When assessing the impact of the packaging reuse targets, the Commission shall at least evaluate the following: Packaging waste reduction obtained by the reuse 2030 targets; CO2 emission reduction; Food waste reduction; Reduction of the volumes of virgin raw material used; The average accomplishment of the necessary rotations of reusable packaging; Water and energy use; Water contamination; Use of detergents and disinfectants; Where necessary, following the assessment of the above indicators, it shall propose new targets for the reuse and refill of packaging in the form of a legislative proposal.
2023/05/25
Committee: ITRE
Amendment 766 #

2022/0396(COD)

Proposal for a regulation
Article 33 – paragraph 1
Conformity assessment of packaging with the requirements set out in Articles 5 to 11 shall be carried out in accordance with the procedure set out in Annex VII. Taking into account size, materials, characteristics and origin, this assessment may be deemed completed for groups of similar packaging.
2023/05/25
Committee: ITRE
Amendment 769 #

2022/0396(COD)

Proposal for a regulation
Article 34 – paragraph 4
4. By drawing up the EU declaration of conformity, the manufacturer assumes responsibility for the compliance of the packaging with the requirements laid down in this Regulation. As under Article 33, this EU declaration may regard several similar packaging.
2023/05/25
Committee: ITRE
Amendment 792 #

2022/0396(COD)

Proposal for a regulation
Article 43 – paragraph 3 b (new)
3b. By 1 January 2029, Member States shall ensure that, in public spaces, separate collection systems are set up for the different fractions of packaging waste materials used in sales packaging in the market of food and beverages filled and consumed for take-away, to help the consumer sort packaging waste.
2023/05/25
Committee: ITRE
Amendment 804 #

2022/0396(COD)

Proposal for a regulation
Article 44 – paragraph 9 a (new)
9a. Paragraph 9 does not apply for those deposit and return schemes that are already in operation when this Ordinance enters into force.
2023/05/25
Committee: ITRE
Amendment 816 #

2022/0396(COD)

Proposal for a regulation
Article 52 – paragraph 1 – subparagraph 2 a (new)
Where the market surveillance authorities find that a packaging is non-compliant with the obligations set out in this Regulation is sold, or made available on an online marketplace, they shall notify such incompliance to the online marketplace and such notice shall be handled in accordance with Article 22 of Regulation 2022/2065 (the Digital Services Act).
2023/05/25
Committee: ITRE
Amendment 817 #

2022/0396(COD)

Proposal for a regulation
Article 56 – paragraph 3 a (new)
3a. Where the market surveillance authorities find that a packaging is non- compliant with the obligations set out in this Regulation is sold, or made available on an online marketplace, they shall notify such incompliance to the online marketplace and such notice shall be handled in accordance with Article 22 of Regulation 2022/2065 (the Digital Services Act).
2023/05/25
Committee: ITRE
Amendment 827 #

2022/0396(COD)

Proposal for a regulation
Annex III – paragraph 1 – point c
(c) it is of biodegradable nature allowing the packaging to undergo physical, chemical, thermal or biological decomposition, including anaerobic digestion, resulting ultimately in conversion into carbon dioxide or methane, in the absence of oxygen, mineral salts, biomass and water,.
2023/05/25
Committee: ITRE
Amendment 828 #

2022/0396(COD)

Proposal for a regulation
Annex III – paragraph 1 – point e
(e) its use significantly reduces the contamination of compost with non- compostable packaging; and does not cause any problems in biowaste processing; and
2023/05/25
Committee: ITRE
Amendment 839 #

2022/0396(COD)

Proposal for a regulation
Annex V
RESTRICTIONS ON USE OF PACKAGING FORMATS Packaging Illustrative Restricted use format example Plastic packaging used at retail level to Collation group goods sold in cans, tins, pots, tubs, films, shrink Single-use and packets designed as convenience wrap plastic packaging to enable or encourage end 1. grouped users to purchase more than one product. packaging This excludes grouped packaging necessary to facilitate handling in distribution. Single use Nets, bags, plastic trays, packaging, containers Single use packaging for less than 1.5 kg single use fresh fruit and vegetables, unless there is a composite 2. demonstrated need to avoid water loss or packaging or turgidity loss, microbiological hazards or other single physical shocks. use packaging for fresh fruit and vegetables Single use packaging for foods and Trays, beverages filled and consumed within the disposable Single use premises in the HORECA sector, which plates and plastic, single include all eating area inside and outside a cups, bags, use composite 3. place of business, covered with tables and foil, boxes packaging or stools, standing areas, and eating areas other single offered to the end users jointly by several use packaging economic operators or third party for the purpose of food and drinks consumption Single use Sachets, tubs, Single use packaging in the HORECA packaging for trays, boxes sector, containing individual portions or condiments, servings, used for condiments, preserves, preserves, sauces, coffee creamer, sugar and sauces, coffee 4. seasoning, except such packaging provided creamer, together with take-away ready-prepared sugar, and food intended for immediate consumption seasoning in without the need of any further HORECA preparation sector Single use For cosmetics, hygiene and toiletry Shampoo 5. hotel products of less than 50 ml for liquid bottles, hand miniature products or less than 100 g for non-liquid and body packaging products lotion bottles, sachets around miniature bar soap deleted
2023/05/25
Committee: ITRE
Amendment 71 #

2022/0278(COD)

Proposal for a regulation
Recital 1
(1) Past crises, especially the early days of the COVID-19 pandemic, have shown that the internal market (also referred to as the Single Market and its supply chains can be severely affected by such crises, and appropriate crisis management tools and coordination mechanisms are either lacking, do not cover all aspects of the Single market or do not allow for a timely response to such impacts.
2023/04/27
Committee: ITRE
Amendment 73 #

2022/0278(COD)

Proposal for a regulation
Recital 5
(5) These recent events have also highlighted the need for the Union to be better prepared for possible future crises, especially as we consider the continuing effects of climate change and resulting natural disasters as well as global economic and geopolitical instabilities. Given the fact that it is not known which kind of crises could come up next and produce severe impacts on the Single Market and its supply chains in the future, it is necessary to provide for an instrument that would apply with regards to impacts on the Single Market of a wide range of crises.
2023/04/27
Committee: ITRE
Amendment 74 #

2022/0278(COD)

Proposal for a regulation
Recital 7
(7) Since any specific aspects of future crises that would impact the Single Market and its supply chains are hard to predict, this Regulation should provide for a general framework for anticipating, preparing for, mitigating and minimising the negative impacts which any crisis may cause on the Single Market and its supply chains. .
2023/04/27
Committee: ITRE
Amendment 76 #

2022/0278(COD)

Proposal for a regulation
Recital 8
(8) The framework of measures set out under this Regulation should be deployed in a coherent, transparent, efficient, proportionate and timely manner, having due regard to the need to maintain vital societal functions, meaning including public security, safety, public order, or public health respecting, the responsibility of the Member States to safeguard national security and their power to safeguard other essential state functions, including ensuring the territorial integrity of the State and maintaining law and order. The Regulation should not restrict national measures on security and defence policy and national defence capabilities must be taken into account when applying proportionate measures in the event of a crisis.
2023/04/27
Committee: ITRE
Amendment 90 #

2022/0278(COD)

Proposal for a regulation
Recital 35
(35) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission as regards the possibility to adopt supportive measures for facilitating free movement of persons, for establishing a list of individual targets (quantities and deadlines) for those strategic reserves that the Member States should maintain, so that the objectives of the initiative are achieved. Furthermore, implementing powers should be conferred on the Commission as regards activating the vigilance mode and vigilance measures in order to carefully monitor the strategic supply chains and coordinate the building up of strategic reserves for goods and services of strategic importance. Moreover, implementing powers should be conferred on the Commission as regards activation of specific emergency response measures at the time of a Single Market emergency, to allow for a rapid and coordinated response. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.deleted
2023/04/27
Committee: ITRE
Amendment 93 #

2022/0278(COD)

Proposal for a regulation
Article 1 – paragraph 1
1. This Regulation establishes a framework of measures to anticipate, prepare for and respond to impacts of crises on the Single Market, with the purpose of safeguarding the free movement of goods, services and persons and of ensuring the availability of goods and services of strategic importance and crisis- relevant goods and services in the Single Market.
2023/04/27
Committee: ITRE
Amendment 101 #

2022/0278(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 2
(2) ‘Single Market vigilance mode’ means a framework for addressing a threat of significant disruption of the supply and free movement of goods and services of strategic importance and which has the potential to escalate into a Single Market emergency within the next six months;
2023/04/27
Committee: ITRE
Amendment 102 #

2022/0278(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 5
(5) ‘goods and services of strategic importance’ means goods and services that are indispensable for ensuring the functioning of the Single Market in strategically important areas and which cannot be substituted or diversified;deleted
2023/04/27
Committee: ITRE
Amendment 103 #

2022/0278(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 7
(7) ‘strategic reserves’ means a stock of goods of strategic importance for which building a reserve may be necessary to prepare for a Single Market emergency, under the control of a Member State.deleted
2023/04/27
Committee: ITRE
Amendment 115 #

2022/0278(COD)

Proposal for a regulation
Article 6 – paragraph 2 – point b
(b) consultation of the representatives of economic operators and social partners, including SMEs, on their initiatives and actions to mitigate and respond to potential supply chain disruptions and overcome potential shortagescrisis that disrupts the free movement of goods and services in the Single Market;
2023/04/27
Committee: ITRE
Amendment 117 #

2022/0278(COD)

Proposal for a regulation
Part III
[...]deleted
2023/04/27
Committee: ITRE
Amendment 133 #

2022/0272(COD)

Proposal for a regulation
Recital 9
(9) This Regulation ensures a high level of cybersecurity of products with digital elements. It does not regulate services, such as Software-as-a-Service (SaaS), except for remote data processing solutions relating to a product with digital elements understood as any data processing at a distance for which the software is designed and developed by or on behalf of the manufacturer of the product concerned or under the responsibility of that manufacturer, and the absence of which would prevent such a product with digital elements from performing one of its essential functions. [Directive XXX/XXXX(EU) 2022/2555 (NIS2)] puts in place cybersecurity and incident reporting requirements for essential and important entities, such as critical infrastructure, with a view to increasing the resilience of the services they provide. [Directive XXX/XXXX(EU) 2022/2555 (NIS2)] applies to cloud computing services and cloud service models, such as SaaS. All entities providing cloud computing services in the Union that meet or exceed the threshold for medium-sized enterprises fall in the scope of that Directive.
2023/05/04
Committee: ITRE
Amendment 140 #

2022/0272(COD)

Proposal for a regulation
Recital 10
(10) In order not to hamper innovation or research, only free and open-source software developed or supplied outsidein the course of a commercial activity should not be covered by this Regulation. This is in particular the case for software, including its source code and modified versions, that is openly shared and freely accessible, usable, modifiable and redistributable. In the context of software, a commercial activity might be characterized not only by charging a price for a product, but also by charging a price for technical support services when this pursues a profit or the intention to monetise, by providing a software platform through which the manufacturer monetises other services, or by the use of personal data for reasons other than exclusively for improving the security, compatibility or interoperability of the software.
2023/05/04
Committee: ITRE
Amendment 147 #

2022/0272(COD)

Proposal for a regulation
Recital 19 a (new)
(19a) ENISA should publish and maintain a known exploited vulnerability catalogue that should be included in the European vulnerability database established under Directive 2022/2555 (NIS2). The catalogue should assist manufacturers in detecting known exploitable vulnerabilities and notify vulnerabilities found in their products, in order to ensure that secure products are placed on the market.
2023/05/04
Committee: ITRE
Amendment 162 #

2022/0272(COD)

Proposal for a regulation
Recital 32
(32) In order to ensure that products with digital elements are secure both at the time of their placing on the market as well as throughout their life-cycle, it is necessary to lay down essential requirements for vulnerability handling and essential cybersecurity requirements relating to the properties of products with digital elements. While manufacturers should comply with all essential requirements related to vulnerability handling and ensure that all their products are delivered without any known exploitable vulnerabilities known to them, they should determine which other essential requirements related to the product properties are relevant for the concerned type of product. For this purpose, manufacturers should undertake an assessment of the cybersecurity risks associated with a product with digital elements to identify relevant risks and relevant essential requirements and in order to appropriately apply suitable harmonised standards or common specifications.
2023/05/04
Committee: ITRE
Amendment 170 #

2022/0272(COD)

Proposal for a regulation
Recital 35 a (new)
(35a) Reporting should be as convenient and efficient as possible. For this purpose, ENISA should provide for an online system into which all requested information can be inserted.
2023/05/04
Committee: ITRE
Amendment 184 #

2022/0272(COD)

Proposal for a regulation
Recital 53
(53) In the interests of competitiveness, it is crucial that notified bodies apply the conformity assessment procedures without creating unnecessary burden foron economic operators. In order to ensure that notified bodies are able to perform their tasks efficiently, and to minimise possible impediments, the Commission and Member States should ensure that there are skilled professionals in the Union. For the same reason, and to ensure equal treatment of economic operators, consistency in the technical application of the conformity assessment procedures needs to be ensured. That should be best achieved through appropriate coordination and cooperation between notified bodies.
2023/05/04
Committee: ITRE
Amendment 185 #

2022/0272(COD)

Proposal for a regulation
Recital 53 a (new)
(53a) In order to increase efficiency and transparency, the Commission should within 24 months from the entry into force of this Regulation, ensure that there is a sufficient number of notified bodies in the Union to carry out a conformity assessment, in order to avoid bottlenecks and hindrances to market entry.
2023/05/04
Committee: ITRE
Amendment 200 #

2022/0272(COD)

Proposal for a regulation
Recital 69
(69) Economic operators should be provided with a sufficient time to adapt to the requirements of this Regulation. This Regulation should apply [324 months] from its entry into force, with the exception of the reporting obligations concerning activelyknown exploited vulnerabilities and incidents, which should apply [122 months] from the entry into force of this Regulation.
2023/05/04
Committee: ITRE
Amendment 202 #

2022/0272(COD)

Proposal for a regulation
Recital 69 a (new)
(69a) This Regulation may generate additional costs to micro, small and medium-sized enterprises. In order to support these enterprises that may face additional costs, the Commission should establish financial and technical support that allows for these companies to contribute to the European cybersecurity landscape.
2023/05/04
Committee: ITRE
Amendment 228 #

2022/0272(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 4 a (new)
(4a) ‘cybersecurity’ means cybersecurity as defined in Article 2, point (1), of Regulation (EU) 2019/881;
2023/05/04
Committee: ITRE
Amendment 234 #

2022/0272(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 21 a (new)
(21a) ‘micro, small and medium sized enterprises’ means micro, small and medium sized enterprises as defined in Commission Recommendation 2003/361/EC1a; _________________ 1a Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (notified under document number C(2003) 1422) (OJ L 124, 20.5.2003, p. 36).
2023/05/04
Committee: ITRE
Amendment 235 #

2022/0272(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 21 b (new)
(21b) ‘provider of an online marketplace’ means a provider of an intermediary service using an online interface, which allows consumers to conclude distance contracts with traders for the sale of products;
2023/05/04
Committee: ITRE
Amendment 247 #

2022/0272(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 39
(39) ‘activelyknown exploited vulnerability’ means a patched vulnerability for which there is reliable evidence exists that execution of malicious code was performed by an actor on a system without permission of the system owner;
2023/05/04
Committee: ITRE
Amendment 249 #

2022/0272(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 39 a (new)
(39a) ‘incident’ means an incident as defined in Article 6, point (6), of Directive (EU) 2022/2555;
2023/05/04
Committee: ITRE
Amendment 280 #

2022/0272(COD)

Proposal for a regulation
Article 10 – paragraph 6 – subparagraph 1
WManufacturers shall ensure, when placing a product with digital elements on the market, and for the expected product lifetime or for a period of five years from the placing of the product on the market, whichever is shorter, manufacturers shall ensure, that vulnerabilities of that product are handled effectively and in accordance with the essential requirements set out in Section 2 of Annex I.
2023/05/04
Committee: ITRE
Amendment 283 #

2022/0272(COD)

Proposal for a regulation
Article 10 – paragraph 6 – subparagraph 2 a (new)
Manufacturers shall determine the expected product lifetime referred to in the first subparagraph of this paragraph, taking into account the time users reasonably expect to be able to use the product given its functionality and intended purpose, and therefore can expect to receive security updates.
2023/05/04
Committee: ITRE
Amendment 294 #

2022/0272(COD)

Proposal for a regulation
Article 10 – paragraph 10 a (new)
10a. Manufacturers shall clearly specify in an easily accessible manner, and where applicable, on the packaging of the product with digital elements, the end date for the expected product lifetime as referred to in paragraph 6, including at least the month and year, until which the manufacturer will at least ensure the effective handling of vulnerabilities in accordance with the essential requirements set out in Section 2 of Annex I.
2023/05/04
Committee: ITRE
Amendment 307 #

2022/0272(COD)

Proposal for a regulation
Article 11 – paragraph 1
1. The manufacturer shall, without undue delay and in any event within 24 hours of becoming aware of it, notify to ENISA any activelyknown exploited vulnerability contained in the product with digital elements in accordance with paragraph 1a of this Article. The notification shall include details concerning that vulnerability and, where applicable, any corrective or mitigating measures taken. ENISA shall, without undue delay, unless for justified cybersecurity risk-related grounds, forward the notification to the CSIRT designated for the purposes of coordinated vulnerability disclosure in accordance with Article [Article X] of Directive [Directive XXX/XXXX(EU) 2022/2555 (NIS2)] of Member States concerned upon receipt and inform the market surveillance authority about the notified vulnerability. Where a notified vulnerability has no corrective or mitigating measures available, ENISA shall ensure that the sharing of information regarding the notified vulnerability is based on applicable security protocols and on a need-to-know- basis.
2023/05/04
Committee: ITRE
Amendment 310 #

2022/0272(COD)

Proposal for a regulation
Article 11 – paragraph 1 a (new)
1a. 1a. Notifications as referred to in paragraph 1 shall be subject to the following procedure: (a) an early warning, without undue delay and in any event within 24 hours of the manufacturer becoming aware of the known exploited vulnerability, detailing whether any known corrective or mitigating measure is available; (b) a vulnerability notification, without undue delay and in any event within 72 hours of the manufacturer becoming aware of the known exploited vulnerability, which, where applicable, updates the information referred to in point (a), details any corrective or mitigating measures taken and indicates an assessment of extent of the vulnerability, including its severity and impact; (c) an intermediate report on relevant status updates, upon the request of ENISA; (d) a final report, within one month after the submission of the vulnerability notification under point (b), including at least the following: (i) a detailed description of the vulnerability, including its severity and impact; (ii) where available, information concerning any actor that has exploited or that is exploiting the vulnerability; (iii) details about the security update or other corrective measures that have been made available to remedy the vulnerability.
2023/05/04
Committee: ITRE
Amendment 312 #

2022/0272(COD)

Proposal for a regulation
Article 11 – paragraph 1 b (new)
1b. Once a security update has been made available, or an appropriate corrective or mitigation measure has been implemented, ENISA shall add the notified vulnerability to the European vulnerability database referred to in Article 12 of Directive [Directive 2022/2555 (NIS2)].
2023/05/04
Committee: ITRE
Amendment 315 #

2022/0272(COD)

Proposal for a regulation
Article 11 – paragraph 2
2. The manufacturer shall, without undue delay and in any event within 24 hours of becoming aware of it, notify to ENISA any significant incident having impact on the security of the product with digital elements in accordance with paragraph 2b of this Article. ENISA shall, without undue delay, unless for justified cybersecurity risk-related grounds, forward the notifications to the single point of contact designated in accordance with Article [Article X] of Directive [Directive XXX/XXXX(EU) 2022/2555 (NIS2)] of the Member States concerned and inform the market surveillance authority about the notified significant incidents. The significant incident notification shall include information on the severity and impact of the incident and, where applicable, indicate whether the manufacturer suspects the incident to be caused by unlawful or malicious acts or considers the necessary information to make the competent authority aware of the incident and allow for the entity to have a cross-border impactseek assistance.
2023/05/04
Committee: ITRE
Amendment 316 #

2022/0272(COD)

Proposal for a regulation
Article 11 – paragraph 2 a (new)
2a. An incident shall be considered to be significant, where: (a) it has caused or is capable of causing severe operational disruption of the production or the services for the manufacturer concerned, which would impact the security of a product; or (b) it has affected or is capable of affecting other natural or legal persons by causing considerable material or non- material damage.
2023/05/04
Committee: ITRE
Amendment 319 #

2022/0272(COD)

Proposal for a regulation
Article 11 – paragraph 2 b (new)
2b. Notifications as referred to in paragraph 2 shall be subject to the following procedure: (a) an early warning, without undue delay and in any event within 24 hours of the manufacturer becoming aware of the significant incident, which, where applicable, indicates whether the significant incident is suspected of being caused by unlawful or malicious acts or could have a cross-border impact; (b) an incident notification, without undue delay and in any event within 72 hours of the manufacturer becoming aware of the significant incident, which, where applicable, updates the information referred to in point (a) and indicates an initial assessment of the significant incident, including its severity and impact, as well as, where available, the indicators of compromise; (c) an intermediate report on relevant status updates upon the request of ENISA; (d) a final report, within one month after the submission of the incident notification under point (b), including at least the following: (i) a detailed description of the incident, including its severity and impact; (ii) the type of threat or root cause that is likely to have triggered the incident; (iii) applied and ongoing mitigation measures; (iv) where applicable, the cross-border impact of the incident; In the event of an ongoing incident at the time of the submission of the final report referred to in point (d) of the first subparagraph, Member States shall ensure that entities concerned provide a progress report at that time and a final report within one month of their handling of the incident.
2023/05/04
Committee: ITRE
Amendment 323 #

2022/0272(COD)

Proposal for a regulation
Article 11 – paragraph 3 a (new)
3a. ENISA shall publish and maintain a known exploited vulnerability catalogue that shall be included in the European vulnerability database established under Directive 2022/2555 (NIS2). The catalogue shall assist manufacturers in detecting known exploitable vulnerabilities and notify vulnerabilities found in their products.
2023/05/04
Committee: ITRE
Amendment 326 #

2022/0272(COD)

Proposal for a regulation
Article 11 – paragraph 4
4. The manufacturer shall inform, without undue delay and after becoming aware, the users of the product with digital elements about the significant incident and, where necessary, about corrective measures that the user can deploy to mitigate the impact of the significant incident.
2023/05/04
Committee: ITRE
Amendment 337 #

2022/0272(COD)

Proposal for a regulation
Article 11 – paragraph 7 a (new)
7a. ENISA shall establish a digital reporting mechanism, after having consulted relevant stakeholder groups, so that manufacturers are able to fulfil their reporting obligations via an Online Application.
2023/05/04
Committee: ITRE
Amendment 343 #

2022/0272(COD)

Proposal for a regulation
Article 13 – paragraph 3
3. Where an importer considers or has reason to believe that a product with digital elements or the processes put in place by the manufacturer are not in conformity with the essential requirements set out in Annex I, the importer shall not place the product on the market until that product or the processes put in place by the manufacturer have been brought into conformity with the essential requirements set out in Annex I. Furthermore, where the product with digital elements presents a significant cybersecurity risk, the importer shall inform the manufacturer and the market surveillance authorities to that effect.
2023/05/04
Committee: ITRE
Amendment 346 #

2022/0272(COD)

Proposal for a regulation
Article 13 – paragraph 6 – subparagraph 1
Importers who know or have reason to believe that a product with digital elements, which they have placed on the market, or the processes put in place by its manufacturer, are not in conformity with the essential requirements set out in Annex I shall immediately require the manufacturer to take the corrective measures necessary to bring that product with digital elements or the processes put in place by its manufacturer into conformity with the essential requirements set out in Annex I, or to withdraw or recall the product, if appropriate.
2023/05/04
Committee: ITRE
Amendment 347 #

2022/0272(COD)

Proposal for a regulation
Article 13 – paragraph 6 – subparagraph 2
Upon identifying a vulnerability in the product with digital elements, importers shall inform the manufacturer without undue delay about that vulnerability. Furthermore, where the product with digital elements presents a significant cybersecurity risk, importers shall immediately inform the market surveillance authorities of the Member States in which they made the product with digital elements available on the market to that effect, giving details, in particular, of the non-conformity and of any corrective measures taken.
2023/05/04
Committee: ITRE
Amendment 348 #

2022/0272(COD)

Proposal for a regulation
Article 13 – paragraph 6 – subparagraph 2 a (new)
Upon receiving information from the manufacturer that the product with digital elements presents a significant cybersecurity risk, giving details, in particular, of the non-conformity and of any corrective measures taken, importers shall immediately forward this information to the market surveillance authorities of the Member States in which they made the product with digital elements available on the market to that effect.
2023/05/04
Committee: ITRE
Amendment 351 #

2022/0272(COD)

Proposal for a regulation
Article 14 – paragraph 3
3. Where a distributor considers or has reason to believe that a product with digital elements or the processes put in place by the manufacturer are not in conformity with the essential requirements set out in Annex I, the distributor shall not make the product with digital elements available on the market until that product or the processes put in place by the manufacturer have been brought into conformity. Furthermore, where the product with digital elements poses a significant cybersecurity risk, the distributor shall inform the manufacturer and the market surveillance authorities to that effect.
2023/05/04
Committee: ITRE
Amendment 352 #

2022/0272(COD)

Proposal for a regulation
Article 14 – paragraph 4 – subparagraph 1
Distributors who know or have reason to believe that a product with digital elements, which they have made available on the market, or the processes put in place by its manufacturer are not in conformity with the essential requirements set out in Annex I shall make sure that threquire the manufacturer to take corrective measures necessary to bring that product with digital elements or the processes put in place by its manufacturer into conformity are taken, or to withdraw or recall the product, if appropriate.
2023/05/04
Committee: ITRE
Amendment 353 #

2022/0272(COD)

Proposal for a regulation
Article 14 – paragraph 4 – subparagraph 2
Upon identifying a vulnerability in the product with digital elements, distributors shall inform the manufacturer without undue delay about that vulnerability. Furthermore, where the product with digital elements presents a significant cybersecurity risk, distributors shall immediately inform the market surveillance authorities of the Member States in which they have made the product with digital elements available on the market to that effect, giving details, in particular, of the non-conformity and of any corrective measures taken.
2023/05/04
Committee: ITRE
Amendment 355 #

2022/0272(COD)

Proposal for a regulation
Article 14 – paragraph 4 – subparagraph 2 a (new)
Upon receiving information from the manufacturer that the product with digital elements presents a significant cybersecurity risk, giving details, in particular, of the non-conformity and of any corrective measures taken, distributors shall immediately forward this information to the market surveillance authorities of the Member States in which they made the product with digital elements available on the market to that effect.
2023/05/04
Committee: ITRE
Amendment 362 #

2022/0272(COD)

Proposal for a regulation
Article 17 a (new)
Article17a Specific obligations of providers of online marketplaces 1. Without prejudice to the general obligations provided for in Article 11 of Regulation (EU) 2022/2065, providers of online marketplaces shall designate a single point of contact allowing for direct communication, by electronic means, with Member States’ market surveillance authorities in relation to cybersecurity issues. 2. Without prejudice to the general obligations provided for in Article 12 of Regulation (EU) 2022/2065, providers of online marketplaces shall designate a single point of contact to enable consumers to communicate directly and rapidly with them in relation to cybersecurity issues. 3. As regards powers conferred by Member States in accordance with Article 14 of Regulation (EU) 2019/1020, Member States shall confer on their market surveillance authorities the necessary power, as regards specific content referring to an offer of a product with digital elements, which presents a significant cybersecurity risk or a vulnerability, to issue an order requiring the providers of online marketplaces to remove such content 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. Providers of online marketplaces shall take the necessary measures to receive and process orders issued pursuant to this paragraph and they shall act without undue delay. 4. Orders issued pursuant to paragraph 4 may require the provider of an online marketplace, for the prescribed period, to remove from its online interface all identical content referring to an offer of the product in question, to disable access to it or to display an explicit warning, provided that the search for the content concerned is limited to the information identified in the order and does not require the provider of an online marketplace to carry out an independent assessment of that content, and that the search and the removal can be carried out in a proportionate manner by reliable automated tools. 5. Providers of online marketplaces shall, without undue delay, process the notices related to cybersecurity issues with regard to the product offered for sale online through their services, received in accordance with Article 16 of Regulation (EU) 2022/2065. 6. For the purpose of compliance with the requirements of Article 31(1) and (2) of Regulation (EU) 2022/2065 as regards product safety information, providers of online marketplaces shall design and organise their online interface in a way that enables traders offering the product to provide at least the following information for each product offered and that ensures that the information is displayed or otherwise made easily accessible by consumers on the product listing: (a) name, registered trade name or registered trade mark of the manufacturer, as well as the postal and electronic address at which the manufacturer can be contacted; (b) information allowing the identification of the product, including a picture of it, its type and any other product identifier; and (c) any warning or safety information to be affixed on the product or to accompany it in accordance with this Regulation or the applicable Union harmonisation legislation in a language which can be easily understood by consumers as determined by the Member State in which the product is made available on the market. 7. For the purpose of compliance with Article 23 of Regulation (EU) 2022/2065 regarding cybersecurity issues, providers of online marketplaces shall suspend, for a reasonable period of time and after having issued a prior warning, the provision of their services to traders that frequently offer products which are non- compliant with this Regulation. 8. Providers of online marketplaces shall cooperate with the market surveillance authorities, with traders and with relevant economic operators to facilitate any action taken to eliminate or, if that is not possible, to mitigate the risks presented by a product that is or was offered online through their services.
2023/05/04
Committee: ITRE
Amendment 373 #

2022/0272(COD)

Proposal for a regulation
Article 23 – paragraph 5
5. The Commission is empowered to adopt delegated acts in accordance with Article 50 to supplement this Regulation by the elements to be included in the technical documentation set out in Annex V to take account of technological developments, as well as developments encountered in the implementation process of this Regulation. When adopting delegated acts, the Commission shall take into account and make sure the administrative burden on micro, small and medium sized enterprises is kept to a minimum.
2023/05/04
Committee: ITRE
Amendment 383 #

2022/0272(COD)

Proposal for a regulation
Article 24 – paragraph 5
5. Notified bodies shall take into account the specific interests and needs of micro, small and medium sized enterprises (SMEs) when setting the fees for conformity assessment procedures and reduce those fees proportionately to their specific interests and needs. The Commission shall ensure that appropriate financial support in the regulatory framework of existing Union programmes is allocated to micro, small and medium- sized enterprises, in order to mitigate possible financial burden.
2023/05/04
Committee: ITRE
Amendment 387 #

2022/0272(COD)

Proposal for a regulation
Article 28 – paragraph 1 a (new)
1a. The Commission shall, within 24 months from the entry into force of this Regulation, ensure that there is a sufficient number of notified bodies in the Union to carry out a conformity assessment, in order to avoid bottlenecks and hindrances to market entry.
2023/05/04
Committee: ITRE
Amendment 440 #

2022/0272(COD)

Proposal for a regulation
Article 50 – paragraph 6 a (new)
6a. When exercising the power of delegation, the Commission shall conduct public consultations and engage in regular dialogue with economic operators, in order to collect evidence and evaluate market implications of including or withdrawing categories of products in the scope of this Regulation.
2023/05/04
Committee: ITRE
Amendment 444 #

2022/0272(COD)

Proposal for a regulation
Article 53 – paragraph 1
1. Member States shall lay down the rules on penalties applicable to infringements by economic operators of this Regulation and shall take all measures necessary to ensure that they are enforced. The penalties provided for shall be effective, proportionate and dissuasive. These rules shall take into account the financial capabilities of micro, small and medium-sized enterprises.
2023/05/04
Committee: ITRE
Amendment 458 #

2022/0272(COD)

Proposal for a regulation
Article 57 – paragraph 2
It shall apply from [324 months after the date of entry into force of this Regulation]. However Article 11 shall apply from [122 months after the date of entry into force of this Regulation].
2023/05/04
Committee: ITRE
Amendment 463 #

2022/0272(COD)

Proposal for a regulation
Annex I – Part 1 – point 2
(2) Products with digital elements shall be delivered without any known exploitable vulnerabilities which the manufacturer knows of, unless a manufacturer ensures that there are updates available which remedy this vulnerability and these are run automatically at the first time of use of the product;
2023/05/04
Committee: ITRE
Amendment 43 #

2022/0219(COD)

Proposal for a regulation
Recital 1
(1) The EU Heads of State or Government, meeting in Versailles on 11 March, committed to “bolster European defence capabilities” in light of the Russian military aggression against Ukraine. They agreed to increase defence expenditures, step up cooperation through joint projects, and common procurement of defence capabilities, close shortfalls, boost innovation and strengthen and develop the EU defence industry, including small and medium-sized enterprises (SMEs).
2023/02/13
Committee: AFETITRE
Amendment 72 #

2022/0219(COD)

Proposal for a regulation
Recital 6
(6) Reinforcing the European Defence Technological and Industrial Base through proper functioning of the European Single Market should therefore be at the core of those efforts. Indeed difficulties and gaps still exist and the European defence industrial base remains highly fragmented, lacking sufficient collaborative action and inter- operability of products.
2023/02/13
Committee: AFETITRE
Amendment 76 #

2022/0219(COD)

Proposal for a regulation
Recital 6 a (new)
(6a) In addition, given that the EDTIB requires favourable long-term conditions, it is of utmost importance that access to finance for defence companies is assured, as laid out in the Strategic Compass. Lacking an explicit classification of being sustainable within the EU's taxonomy, EU defence companies are faced with substantial difficulties to secure financing and thus to increase their production capacity rendering relocation of production outside of the EU's common market more attractive to defence companies. By not defining all defence companies as sustainable, EU is actively undermining an industry that is vital to protect our societies and in the long run, this approach could pose a threat to sustainable development. Furthermore, the EU Member States should take a first step in that regard and send a positive signal to European defence companies and the financial sector by adapting the statute of the European Investment Bank in order to allow for financing of defence investments.
2023/02/13
Committee: AFETITRE
Amendment 104 #

2022/0219(COD)

Proposal for a regulation
Recital 14
(14) This Instrument will build on and take into account the work of the Defence Joint Procurement Task Force established by the Commission and the High Representative/Head of Agency, in line with the Joint Communication ‘Defence Investment Gaps Analysis and Way Forward”, to coordinate very short-term defence procurement needs and engage with Member States and EU defence manufacturers to support joint procurement to replenish stocks, notably in light of the support provided to Ukraine with urgently needed and rapidly deployable equipment, notably in light of the support provided to Ukraine, in particular by the Member States in its close neighbourhood.
2023/02/13
Committee: AFETITRE
Amendment 112 #

2022/0219(COD)

Proposal for a regulation
Recital 15
(15) The Instrument is coherent with existing collaborative EU defence-related initiatives such as in the European Defence Fund as well as the Permanent Structured Cooperation (PESCO), and generates synergies with other EU programmes. The instrument shall complement the existing Defence and Security Procurement Directive (2009/81/EC). The Instrument is fully coherent with the ambition of the Strategic Compass.
2023/02/13
Committee: AFETITRE
Amendment 117 #

2022/0219(COD)

Proposal for a regulation
Recital 15 a (new)
(15a) Cooperation with the United States of America and the United Kingdom is vital for European defence and security. In light of surging protectionist tendencies in the United States, epitomised by the Inflation Reduction Act, it is important to pursue an amicable transatlantic relationship and strengthen its ties, while striving for a level playing field.
2023/02/13
Committee: AFETITRE
Amendment 148 #

2022/0219(COD)

Proposal for a regulation
Recital 21 a (new)
(21a) Russia’s brutal and unprovoked war of aggression against Ukraine became a turning point for European security, and in particular for Bulgaria, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia, Sweden and Finland that are bordering Russia and Ukraine or have their territorial waters or Exclusive Economic Zones adjacent to those of Ukraine or Russia. Those Member States have become the target of threatening rhetoric and hostile actions by Russia, supported by Belarus. Despite facing fundamental threats to their own security, they continue to support Ukraine in providing assistance, including military assistance, thus significantly depleting their own stockpiles. The Instrument should therefore provide incentives for the participation of those Member States by granting higher Union contribution to actions where at least two such Member States participate. In addition, such a higher Union contribution should also apply for actions in which Member States decide to authorise the procurement agent to procure additional quantities of the respective defence product for Ukraine and Moldova. Given that those countries are partially occupied by Russia or its proxies, and are the targets of Russia’s military aggression or are under threat of a direct Russian military intervention, further support for Ukraine and Moldova, which are Union candidate countries, would substantially contribute to European security, while strengthening the EDTIB and fostering cooperation in defence procurement.
2023/02/13
Committee: AFETITRE
Amendment 155 #

2022/0219(COD)

Proposal for a regulation
Recital 26
(26) In accordance with the Financial Regulation, Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council3 , Council Regulation (Euratom, EC) No 2988/954 , Council Regulation (Euratom, EC) No 2185/965 and Council Regulation (EU) 2017/19396 , the financial interests of the Union are to be protected through proportionate measures, including the prevention, detection, correction and investigation of irregularities and fraud, the recovery of funds lost, wrongly paid or incorrectly used and, where appropriate, the imposition of administrative sanctions. In particular, in accordance with Regulation (EU, Euratom) No 883/2013 and Regulation (Euratom, EC) No 2185/96 the European Anti-Fraud Office (OLAF) may carry out investigations, including on-the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union. It is of the essence to counteract corruption and uphold the rule of law. In accordance with Regulation (EU) 2017/1939, the European Public Prosecutor's Office (EPPO) may investigate and prosecute fraud and other illegal activities affecting the financial interests of the Union as provided for in Directive (EU) 2017/1371 of the European Parliament and of the Council7 . In accordance with the Financial Regulation, any person or entity receiving Union funds is to fully cooperate in the protection of the Union’s financial interests, to grant the necessary rights and access to the Commission, OLAF, the EPPO and the European Court of Auditors (ECA) and to ensure that any third parties involved in the implementation of Union funds grant equivalent rights. _________________ 3 Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999,(OJ L248, 18.9.2013, p. 1. 4 Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (OJ L 312, 23.12.95, p.1). 5 Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities (OJ L292,15.11.96 , , p.2). 6 Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L283, 31.10.2017, p.1). 7 Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union's financial interests by means of criminal law (OJ L 198, 28.7.2017, p. 29).
2023/02/13
Committee: AFETITRE
Amendment 169 #

2022/0219(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 5 a (new)
(5a) ‘defence products’ mean products awarded in the fields of defence and security, within the meaning of Article 2 of Directive 2009/81/EC, as well as medical supplies and medical support equipment in order to replenish, and, if considered to be necessary in light of the changed security situation, to expand stockpiles depleted as a result of the response to the Russian military aggression against Ukraine. ‘Defence products’ include equipment, services, works and supplies;
2023/02/13
Committee: AFETITRE
Amendment 181 #

2022/0219(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point a
(a) to foster the competitiveness and efficiency of the European Defence Technological and Industrial Base (EDTIB), including SMEs and mid- capitalisation companies (mid-caps), for a more resilient Union, in particular by speeding up, in a collaborative manner, the adjustment of industry to structural changes, including ramp-up of its manufacturing capacities, while safeguarding cost efficiency;
2023/02/13
Committee: AFETITRE
Amendment 183 #

2022/0219(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point a
(a) to foster the competitiveness and efficiency of the European Defence Technological and Industrial Base (EDTIB) for a more resilient Union without distorting the functioning of the European Single Market, in particular by speeding up, in a collaborative manner, the adjustment of industry to structural changes, including ramp-up of its manufacturing capacities;
2023/02/13
Committee: AFETITRE
Amendment 191 #

2022/0219(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point b
(b) to foster cooperation in defence procurement process between participating Member States contributing to solidarity, interoperability, prevention of crowding- out effects, avoiding fragmentation, meet the increased demand and increasing the effectiveness of public spending.
2023/02/13
Committee: AFETITRE
Amendment 195 #

2022/0219(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point b a (new)
(ba) incentivise a decrease in disparate national standards and requirements in the context of procurement of defence products.
2023/02/13
Committee: AFETITRE
Amendment 203 #

2022/0219(COD)

Proposal for a regulation
Article 3 – paragraph 2
2. The objectives shall be pursued with an emphasis on strengthening and developing the Union defence industrial base to allow it to address in particular the most urgent and critical defence products needs, especially those revealed or exacerbated by the response to the Russian aggression against Ukraine, taking into account the work of the Defence Joint Procurement Task Force and the strategic needs of European defence industry ahead.
2023/02/13
Committee: AFETITRE
Amendment 206 #

2022/0219(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point 1 (new)
(1) While fragmentation of the EDTIB is to be counteracted, there also exists necessary and valuable diversification with positive ramifications, not least from a security perspective.
2023/02/13
Committee: AFETITRE
Amendment 223 #

2022/0219(COD)

Proposal for a regulation
Article 6 – paragraph 2
2. The EU funding shall incentivize the cooperation between Member States and participating parties referred to in Article 5, to fulfil the objectives referred to in Article 3. The financial contribution shall be set up taking into consideration the collaborative nature of the common procurement plus an appropriate amount to create the incentive effect necessary to induce cooperation.
2023/02/13
Committee: AFETITRE
Amendment 230 #

2022/0219(COD)

Proposal for a regulation
Article 6 – paragraph 3 a (new)
3a. The Union financial contribution to each action shall not exceed 15 % of the amount referred to in Article 4(1) and shall be capped at 20 % of the estimated value of the common procurement contract per consortium of Member States and associated countries. By way of derogation from the first subparagraph, the Union financial contribution to each action shall not be lower than 20 % of the amount referred to in Article 4(1) and shall be capped at 25 % of the estimated value of the common procurements contract, where one or both of the following conditions is met: (a) at least two members of a consortium of Member States and associated countries have a common border with Russia or with countries aggressed by Russia, or have their territorial waters or exclusive economic zones adjacent to those of Russia or the countries aggressed by Russia; (b) one of the third countries referred to in Article 5(1a) is a recipient of additional quantities in the procurement action in accordance with that paragraph.
2023/02/13
Committee: AFETITRE
Amendment 258 #

2022/0219(COD)

Proposal for a regulation
Article 8 – paragraph 7 – point b
(b) access by a non-associated third country or by a non-associated third- country entity to sensitiveclassified information is prevented and the employees or other persons involved in the common procurement have national security clearance issued by a Member State.
2023/02/13
Committee: AFETITRE
Amendment 312 #

2022/0219(COD)

Proposal for a regulation
Article 11 – paragraph 4 a (new)
4a. In line with Article 8 (9), the Commission, assisted by the European Defence Agency, shall endeavour to identify components of non-EU origin for which no alternative exists in the Union and take appropriate measures to foster their development in the Union, including through research and development, and in particular, through the European Defence Fund.
2023/02/13
Committee: AFETITRE
Amendment 325 #

2022/0219(COD)

Proposal for a regulation
Article 12 – paragraph 2 a (new)
2a. In addition and in line with Article 8 (9), the report shall identify, based on considerations of the Union's essential defence capability needs, the most critical components of non-EU origin, including an assessment of the possibilities for the development of alternative components within the Union.
2023/02/13
Committee: AFETITRE
Amendment 327 #

2022/0219(COD)

Proposal for a regulation
Article 12 – paragraph 2 a (new)
2a. The report shall evaluate potential bottlenecks in the functioning of this instrument.
2023/02/13
Committee: AFETITRE
Amendment 5 #

2022/0212(BUD)

Draft opinion
Paragraph 1 a (new)
1 a. Calls on the Council and Commission to make sufficient funding available to extend the end of life of nuclear power plants in the Union in order to save European competitiveness and realize the strategic autonomy of the Union; supports the Commission objectives for RePowerEU Plan and the proposal to use allowances from the Market Stability Reserve to auction up to a value of €20 billion to finance the necessary investments in infrastructure; believes, furthermore, that allowances from the Market Stability Reserve should finance investments needed to prolong the life on nuclear power plants in order to make us less dependent on Russian gas and oil;
2022/09/12
Committee: ITRE
Amendment 40 #

2022/0164(COD)

Proposal for a regulation
Recital 4 a (new)
(4 a) REPowerEU should reduce our dependency on primary critical raw materials, strengthen domestic sourcing of raw materials in the EU and diversify sourcing from third countries.
2022/09/08
Committee: ITRE
Amendment 48 #

2022/0164(COD)

Proposal for a regulation
Recital 7
(7) An appropriate and technologically neutral assessment criterion should be added to serve as a basis for the Commission to assess reforms and investments included in the REPowerEU chapter sand to ensure that reforms and investments are fit for achieving the specific REPowerEU-related objectives, with a special focus on electricity production and gas storage capacities. An A rating should be required under this new assessment criterion for the relevant recovery and resilience plan to be positively assessed by the Commission.
2022/09/08
Committee: ITRE
Amendment 49 #

2022/0164(COD)

Proposal for a regulation
Recital 8
(8) Investments in infrastructure and technologies alone are not sufficient to ensure a reduction of dependency from fossil fuels. Resources should be dedicated to the reskilling and upskilling of people, to further equip the workforce with green skillsThe current crisis reveals the critical needs of qualified professionals in energy sectors. Resources should be dedicated to the reskilling and upskilling of people. Jobs and training related to electricity production, transport and distribution should benefit from increased support. This is in line with the objective of the European Social Fund Plus, which aims at supporting Member States in achieving a skilled and resilient workforce ready for the future world of work. In light of this, resources transferred from the European Social Fund Plus should help support measures for the reskilling and upskilling of the workforce. The Commission will assess whether the measures included in the REPowerEU chapters significantly contribute to supporting a requalification of the workforce towards green skills.
2022/09/08
Committee: ITRE
Amendment 50 #

2022/0164(COD)

Proposal for a regulation
Recital 10
(10) The recovery and resilience plan, including the REPowerEU chapter, should contribute to effectively addressing all or a significant subset of the challenges identified in the relevant country-specific recommendations, taking into account the specificities of the energy mix of each Member State, including the country- specific recommendations to be adopted under the 2022 Semester cycle which refer inter alia to the energy challenges that Member States are facing.
2022/09/08
Committee: ITRE
Amendment 67 #

2022/0164(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EU) 2021/241
Article 4 – paragraph 1
1. In line with the six pillars referred in Article 3 of this Regulation, the coherence and synergies they generate, and in the context of the COVID-19 crisis, the general objective of the Facility shall be to promote the Union’s economic, social and territorial cohesion by improving the resilience, crisis preparedness, adjustment capacity and growth potential of the Member States, by mitigating the social and economic impact of that crisis, in particular on women, by contributing to the implementation of the European Pillar of Social Rights, by supporting the green transition, by contributing to the achievement of the Union’s 2030 climate targets set out in point (11) of Article 2 of Regulation (EU) 2018/1999,and by complying with the objective of EU climate neutrality by 2050 and of the digital transition, by increasing the resilience of the Union energy system through a decrease of dependence on fossil fuels and, diversification of energy supplies, increase of electricity production and energy storage capacities at Union level (‘REPowerEU objectives’) thereby contributing to the upward economic and social convergence, restoring and promoting sustainable growth and the integration of the economies of the Union, fostering high quality employment creation, and contributing to the strategic autonomy of the Union alongside an open economy and generating European added value.
2022/09/08
Committee: ITRE
Amendment 71 #

2022/0164(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EU) 2021/241
Article 19 – paragraph 3 – point da
(da) whether the reforms and investments referred to in Article 21c(1) effectively contribute towards energy security, security of supply, the diversification of the Union’s energy supply or, reduction of dependence on fossil fuels, increase of electricity production and energy storage capacities before 2030. ;
2022/09/08
Committee: ITRE
Amendment 72 #

2022/0164(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EU) 2021/241
Article 19 – paragraph 3 – point da
(da) whether the reforms and investments referred to in Article 21c(1) effectively contribute towards the diversification of the Union’s energy supply or reduction of dependence on fossil fuels before 2030. and towards the EU's climate neutrality objective;
2022/09/08
Committee: ITRE
Amendment 74 #

2022/0164(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 6
Regulation (EU) 2021/241
Article 21a – paragraph 1
(1) EUR 20 000 000 000 in current prices shall be available, in line with Article 10e(4) of Directive 2003/87/EC, for implementation under this Regulation to increase the resilience of the Union energy system through a decrease of dependence on fossil fuels and, diversification of energy supplies, increase of electricity production and energy storage capacities at Union level. That amount shall be made available in the form of external assigned revenue within the meaning of Article 21(5) of the Financial Regulation.
2022/09/08
Committee: ITRE
Amendment 82 #

2022/0164(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 6
Regulation (EU) 2021/241
Article 21c – paragraph 1 – point a a (new)
(a a) reducing global dependency to fossil fuels and to overall energy imports at Union level,
2022/09/08
Committee: ITRE
Amendment 84 #

2022/0164(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 6
Regulation (EU) 2021/241
Article 21c – paragraph 1 – point a c (new)
(a c) increasing energy storage capacities in the Union,
2022/09/08
Committee: ITRE
Amendment 85 #

2022/0164(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 6
Regulation (EU) 2021/241
Article 21c – paragraph 1 – point a d (new)
(a d) reducing dependency on primary critical raw materials, strengthening domestic sourcing of raw materials in the Union and diversifying sourcing from third countries,
2022/09/08
Committee: ITRE
Amendment 89 #

2022/0164(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 6
Regulation (EU) 2021/241
Article 21c – paragraph 1 – point b
(b) boosting energy efficiency in buildings, decarbonising industry, increasing production and uptake of sustainable biomethane and renewable or fossil-free and low-carbon hydrogen and increasing the share of renewable and low- carbon energy,
2022/09/08
Committee: ITRE
Amendment 90 #

2022/0164(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 6
Regulation (EU) 2021/241
Article 21c – paragraph 1 – point b a (new)
(b a) supporting the secure life extension of operating fossil-free electricity production facilities, such as nuclear plants, in all the Union, at least as long as the Union’s energy security is not recovered,
2022/09/08
Committee: ITRE
Amendment 94 #

2022/0164(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 6
Regulation (EU) 2021/241
Article 21c – paragraph 1 – point c
(c) addressing internal and cross- border energy transmission bottlenecks and supporting zero and low emission transport and its infrastructure, including railways,
2022/09/08
Committee: ITRE
Amendment 95 #

2022/0164(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 6
Regulation (EU) 2021/241
Article 21c – paragraph 1 – point d
(d) supporting the objectives in points (a), (b) and (c) through an accelerated requalification of the workforce towards green skillsenergy sector, with a special focus on low carbon or carbon-free electricity production, as well as support of the value chains in key materials and technologies linked to the green transidecarbonisation of energy production.
2022/09/08
Committee: ITRE
Amendment 99 #

2022/0164(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 6
Regulation (EU) 2021/241
Article 21c – paragraph 2 – point c
(c) an explanation on how the combination of the measures referred to in paragraph 1 and points (a) and (b) of this paragraph is coherent, effective and expected to contribute to the REPowerEU objectives, including a quantification of the energy savingsproduction and savings, and contribution to energy storage.
2022/09/08
Committee: ITRE
Amendment 112 #

2022/0164(COD)

Proposal for a regulation
Annex I – paragraph 1 – point a
Regulation (EU) 2021/241
Annex V – section 2 – point 2.12 – subparagraph 2 – indent 1
— the implementation of the envisaged measures is expected to significantly contribute to the improvement of energy infrastructure and facilities to meet immediate security of supply needs for oil and gas, notably to enable diversification of supply, reduction of dependency to fossil fuels and to all overall energy imports, in the interest of the Union as a whole,
2022/09/08
Committee: ITRE
Amendment 114 #

2022/0164(COD)

Proposal for a regulation
Annex I – paragraph 1 – point a
Regulation (EU) 2021/241
Annex V – section 2 – point 2.12 – subparagraph 2 – indent 2
— the implementation of the envisaged measures is expected to significantly contribute to boosting energy efficiency in buildings, decarbonising industry, increasing production and uptake of low-carbon or carbon-free electricity, sustainable biomethane and renewable or fossil free and low-carbon hydrogen and increasing the share of renewable and low- carbon energy,
2022/09/08
Committee: ITRE
Amendment 302 #

2022/0155(COD)

Proposal for a regulation
Recital 4
(4) Therefore, this Regulation should contribute to the proper functioning of the internal market by setting out clear, uniform and balanced rules to prevent and combat child sexual abuse in a manner that is effective, well targeted and proportionate and that respects the fundamental rights and privacy of all parties concerned. In view of the fast- changing nature of the services concerned and the technologies used to provide them, those rules should be laid down in technology-neutral and future- proof manner, so as not to hamper innovation.
2023/07/28
Committee: LIBE
Amendment 333 #

2022/0155(COD)

Proposal for a regulation
Recital 16
(16) In order to prevent and combat online child sexual abuse effectively, providers of hosting services and providers of publicly available interpersonal communications services should take effective and reasonable measures to mitigate the risk of their services being misused for such abuse, as identified through the risk assessment. Providers subject to an obligation to adopt mitigation measures pursuant to Regulation (EU) …/… [on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC] may consider to which extent mitigation measures2022/2065 may consider to which extent mitigation measures adopted to comply with that obligation. Mitigation measures necessary for the fulfilment of the obligations in this regulation may include the design of online interfaces or parts thereof with the highest level of privacy, safety and security for children by default, the adoapted to comply with that obligation, which may includeation of standards for protection of children, participation in codes of conduct for protecting children, targeted measures to protect the rights of the child, including age verification and-appropriate parental control tools, may also. Enabling flagging and/or notifying mechanisms and self-reporting functionalities, where possible with the use of AI, shall serve to address the risk identified in the specific risk assessment pursuant to this Regulation, and to which extent further targeted mitigation measures may be required to comply with this Regulation.
2023/07/28
Committee: LIBE
Amendment 353 #

2022/0155(COD)

Proposal for a regulation
Recital 20
(20) With a view to ensuring effective prevention and fight against online child sexual abuse, when mitigating measures are deemed insufficientthe provider refuses to cooperate by putting in place the mitigating measures aimed to limit the risk of misuse of a certain service for the purpose of online child sexual abuse, the Coordinating Authorities designated by Member States under this Regulation should be empowered to request, as a measure of last resort, the issuance of detection orders. In order to avoid any undue interference with fundamental rights and to ensure proportionality, that power should be subject to a carefully balanced set of limits and safeguards. For instance, considering that child sexual abuse material tends to be disseminated through hosting services and publicly available interpersonal communications services, and that solicitation of children mostly takes place in publicly available interpersonal communications services, it should only be possible to address detection orders to providers of such services. Such detection orders shall be issued with regards to the technical capacity of the provider, and shall in no way be intrepreted as prohibiting, or compromising the integrity and confidentiality of, end-to-end encrypted content and communications.
2023/07/28
Committee: LIBE
Amendment 356 #

2022/0155(COD)

Proposal for a regulation
Recital 20
(20) With a view to ensuring effective prevention and fight against online child sexual abuse, when mitigating measures are deemed insufficient to limit the risk of misuse of a certain service for the purpose of online child sexual abuse, the Coordinating Authorities designated by Member States under this Regulation should be empowered to request the issuance of detection orders. Such orders should not apply to end-to-end encryption services. In order to avoid any undue interference with fundamental rights and to ensure proportionality, that power should be subject to a carefully balanced set of limits and safeguards. For instance, considering that child sexual abuse material tends to be disseminated through hosting services and publicly available interpersonal communications services, and that solicitation of children mostly takes place in publicly available interpersonal communications services, it should only be possible to address detection orders to providers of such services.
2023/07/28
Committee: LIBE
Amendment 365 #

2022/0155(COD)

Proposal for a regulation
Recital 21
(21) Furthermore, as parts of those limits and safeguards, detection orders should only be issued after a diligent and objective assessment leading to the finding of a significant risk of the specific service concerned being misused for a given type of online child sexual abuse covered by this Regulation. Such detection orders should as far as possible be restricted and specified, not calling for mass detection. One of the elements to be taken into account in this regard is the likelihood that the service is used to an appreciable extent, that is, beyond isolated and relatively rare instances, for such abuse. The criteria should vary so as to account of the different characteristics of the various types of online child sexual abuse at stake and of the different characteristics of the services used to engage in such abuse, as well as the related different degree of intrusiveness of the measures to be taken to execute the detection order.
2023/07/28
Committee: LIBE
Amendment 373 #

2022/0155(COD)

Proposal for a regulation
Recital 23
(23) In addition, to avoid undue interference with fundamental rights and ensure proportionality, when it is established that those requirements have been met and a detection order is to be issued, it should still be ensured that the detection order is targeted and specifiedjustified, proportionate and related only to an identifiable part of the specific service, user or group of users, as well as targeted and limited in time so as to ensure that any such negative consequences for affected parties do not go beyond what is strictly necessary to effectively address the significant risk identified. This should concern, in particular, a limitation to an identifiable part or component of the service where possible without prejudice to the effectiveness of the measure, such as specific types of channels of a publicly available interpersonal communications service, or to specific users or specific groups of users, to the extent that they can be taken in isolation for the purpose of detection, as well as the specification of the safeguards additional to the ones already expressly specified in this Regulation, such as independent auditing, the provision of additional information or access to data, or reinforced human oversight and review, and the further limitation of the duration of application of the detection order that the Coordinating Authority deems necessary. To avoid unreasonable or disproportionate outcomes, such requirements should be set after an objective and diligent assessment conducted on a case-by-case basis.
2023/07/28
Committee: LIBE
Amendment 381 #

2022/0155(COD)

Proposal for a regulation
Recital 26
(26) The measures taken by providers of hosting services and providers of publicly available interpersonal communications services to execute detection orders addressed to them should remain strictly limited to what is specified in this Regulation and in the detection orders issued in accordance with this Regulation. In order to ensure the effectiveness of those measures, allow for tailored solutions, remain technologically neutral, and avoid circumvention of the detection obligations, those measures should be taken regardless of the technologies used by the providers concerned in connection to the provision of their services. Therefore, this Regulation leaves to the provider concerned the choice of the technologies to be operated to comply effectively with detection orders and should not be understood as incentivising or disincentivising the use of any given technology, provided that the technologies and accompanying measures meet the requirements of this Regulation. That includes the use of eEnd-to-end encryption technology, which is an important tool to guarantee the security and confidentiality of the communications of users, including those of children, should be safeguarded. This includes no possibility within end-to-end encryption technology to build in so called ‘backdoors’, i.e. client-side scanning with side-channel leaks which could weaken the end-to-end encryption and lead to a third party getting access to private data. Client-side scanning, when a message is scanned twice, on sending and receiving, threatens the integrity and privacy of users. Such ‘backdoors’ should not be built in on end-to-end encryption in the pursuit of enforcing this regulation. When executing the detection order, providers should take all available safeguard measures to ensure that the technologies employed by them cannot be used by them or their employees for purposes other than compliance with this Regulation, nor by third parties, and thus to avoid undermining the security and confidentiality of the communications of users.
2023/07/28
Committee: LIBE
Amendment 383 #

2022/0155(COD)

Proposal for a regulation
Recital 26
(26) The measures taken by providers of hosting services and providers of publicly available interpersonal communications services to execute detection orders addressed to them should remain strictly limited to what is specified in this Regulation and in the detection orders issued in accordance with this Regulation. In order to ensure the effectiveness of those measures, allow for tailored solutions, remain technologically neutral, and avoid circumvention of the detection obligations, those measures should be taken regardless of the technologies used by the providers concerned in connection to the provision of their services. Therefore, this Regulation leaves to the provider concerned the choice of the technologies to be operated to comply effectively with detection orders and should not be understood as incentivising or disincentivising the use of any given technology, provided that the technologies and accompanying measures meet the requirements of this Regulation. That includes the use ofIn accordance with Article 6a, nothing in this regulation shall be interpreted as prohibiting, or compromising the integrity and confidentiality of, end-to-end encryptied con technology, which is an important tool to guarantee the security and confidentiality of the communications of users, including those of childrennt or communications through client-side scanning with side- channel leaks or other measures by which the provider of a hosting service or a provider of interpersonal communication services provides third party actors with access to the end-to-end encrypted content and communications. When executing the detection order, providers should take all available safeguard measures to ensure that the technologies employed by them cannot be used by them or their employees for purposes other than compliance with this Regulation, nor by third parties, and thus to avoid undermining the security and confidentiality of the communications of users.
2023/07/28
Committee: LIBE
Amendment 389 #

2022/0155(COD)

Proposal for a regulation
Recital 26 a (new)
(26a) End-to-end encryption is an essential tool to guarantee the security, privacy and confidentiality of the communications between users, including those of children. Any weakening of the end-to-end encryption's effect could potentially be abused by malicious third parties. Nothing in this Regulation should therefore be interpreted as prohibiting or compromising the integrity and confidentiality of end-to-end encrypted content and communications. As compromising the integrity of end-to-end encrypted content and communications shall be understood the processing of any data, that would compromise or put at risk the integrity and confidentiality of the aforementioned end-to-end encrypted content. Nothing in this regulation shall thus be interpreted as justifying client-side scanning with side-channel leaks or other measures by which the provider of a hosting service or a provider of interpersonal communication services provide third party actors access to the end-to-end encrypted content and communications.
2023/07/28
Committee: LIBE
Amendment 391 #

2022/0155(COD)

Proposal for a regulation
Recital 26 a (new)
(26a) End-to-end encryption is vital for the security and privacy of the communications of users. The detection obligations set out in this regulation should therefore not apply to end-to-end encryption services, since it risks jeopardizing the integrity of such services. Consequently, the encryption should remain confidential without the possibility of side channel-leak mechanism built in from the service providers, which would endanger the privacy of users.
2023/07/28
Committee: LIBE
Amendment 397 #

2022/0155(COD)

Proposal for a regulation
Recital 27
(27) In order to facilitate the providers’ compliance with the detection obligations, the EU Centre should make available to providers detection technologies that they may choose to use, on a free-of-charge basis, for the sole purpose of executing the detection orders addressed to them. The European Data Protection Board shouldmust be consulted on those technologies and the ways in which they should be best deployed to ensure compliance with applicable rules of Union law on the protection of personal data. The advice of the European Data Protection Board shouldmust be taken into account by the EU Centre when compiling the lists of available technologies and also by the Commission when preparing guidelines regarding the application of the detection obligations. The providers may operate the technologies made available by the EU Centre or by others or technologies that they developed themselves, as long as they meet the requirements of this Regulation.
2023/07/28
Committee: LIBE
Amendment 651 #

2022/0155(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 4 a (new)
- functionalities enabling age- appropriate parental controls, including with the use of AI;
2023/07/28
Committee: LIBE
Amendment 653 #

2022/0155(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 4 b (new)
- functionalities enabling self- reporting, including with the use of AI;
2023/07/28
Committee: LIBE
Amendment 732 #

2022/0155(COD)

Proposal for a regulation
Article 4 – paragraph 1 – introductory part
1. Providers of hosting services and providers of interpersonal communications services shall take reasonable mitigation measures, taking into account the right to private life and personal data protection, tailored to the risk identified pursuant to Article 3, to minimise that risk. Such measures shall include some or all of the following:
2023/07/28
Committee: LIBE
Amendment 744 #

2022/0155(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point a a (new)
(aa) providing security by design, as a way to ensuring services that are safe and secure, especially for children;
2023/07/28
Committee: LIBE
Amendment 747 #

2022/0155(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point a b (new)
(ab) providing several reporting functions within their services, so that users of the services can report and flag content and material;
2023/07/28
Committee: LIBE
Amendment 795 #

2022/0155(COD)

Proposal for a regulation
Article 4 – paragraph 2 – point c a (new)
(ca) done in a way that does not compromise end-to-end encryption;
2023/07/28
Committee: LIBE
Amendment 862 #

2022/0155(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point b
(b) take reasonable measures to prevent child users from accessing the software applications in relation to which they have identified a significant risk of use of the service concerned for the purpose of the solicitation of children; or where:
2023/07/28
Committee: LIBE
Amendment 864 #

2022/0155(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point b – point i (new)
i) the developer of the software application has decided and informed the software application store that its terms and conditions of use do not permit child users,
2023/07/28
Committee: LIBE
Amendment 865 #

2022/0155(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point b – point ii (new)
ii) the software application has an appropriate age rating model in place, or
2023/07/28
Committee: LIBE
Amendment 866 #

2022/0155(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point b – point iii (new)
iii) the developer of the software application has requested the software application store not to allow child users to download its software applications.
2023/07/28
Committee: LIBE
Amendment 875 #

2022/0155(COD)

Proposal for a regulation
Article 6 a (new)
Article6a End-to-end encrypted services Nothing in this Regulation shall be interpreted as prohibiting or compromising the integrity and confidentiality of end-to-end encrypted content and communications. As compromising the integrity of end-to-end encrypted content and communcations shall be understood the processing of any data that would compromise or put at risk the integrity and confidentiality of the content and communications in the end- to-end encryption. Nothing in this regulation shall thus be interpreted as justifying client-side scanning with side- channel leaks or other measures by which the provider of a hosting service or a provider of interpersonal communications services provides third party actors access to the end-to-end encrypted content.
2023/07/28
Committee: LIBE
Amendment 876 #

2022/0155(COD)

Proposal for a regulation
Article 6 a (new)
Article6a End-to-end encrypted services Nothing in this Regulation shall be interpreted as prohibiting, weakening or compromising the integrity and confidentiality of end-to-end encrypted content and communications. Nothing in this regulation shall thus be interpreted as justifying client-side scanning with side- channel leaks or other measures by which the provider of a hosting service or a provider of interpersonal communication services provides third party actors access to end-to-end encrypted content. No provider of a hosting service or provider of interpersonal communication services shall be compelled to enable or create access to communcations by means of bypassing user authentication or encryption under the scope of this regulation.
2023/07/28
Committee: LIBE
Amendment 882 #

2022/0155(COD)

Proposal for a regulation
Article 7 – title
Issuance of targeted detection orders
2023/07/28
Committee: LIBE
Amendment 888 #

2022/0155(COD)

Proposal for a regulation
Article 7 – paragraph 1
1. The Coordinating Authority of establishment shall have the power to request the competent judicial authority of the Member State that designated it or another independent administrative authority of that Member State to issue a targeted detection order requiring a provider of hosting services or a provider of interpersonal communications services under the jurisdiction of that Member State to take the measures specified in Article 10 to detect indivdual cases of online child sexual abuse on a specific service. The scope of a targeted detection order shall be limited to individual users or groups of users for whom there is evidence suggesting that their conduct might have a link with child sexual abuse offences.
2023/07/28
Committee: LIBE
Amendment 898 #

2022/0155(COD)

Proposal for a regulation
Article 7 – paragraph 1 a (new)
1a. Such a detection order shall as far as possible be restricted and specified, not calling for mass detection through the whole services.
2023/07/28
Committee: LIBE
Amendment 1017 #

2022/0155(COD)

Proposal for a regulation
Article 7 – paragraph 8 – subparagraph 1
The Coordinating Authority of establishment when requesting the issuance of detection orders, and the competent judicial or independent administrative authority when issuing the detection order, shall, in accordance with Article 8 of Regulation (EU) 2022/2065, target and specify it in such a manner that the negative consequences referred to in paragraph 4, first subparagraph, point (b),2 remain limited to what is strictly necessary, justifiable and proportionate to effectively address the significant risk referred to in point (a) thereof, and limit the detection order to an identifiable part or component of a service, such as a specific channel of communication or a specific group of users identified with particularity for which the significant risk has been identified. In accordance with Article 6a, no such detection order shall be interpreted as prohibiting, or compromising the integrity and confidentiality of, end-to-end encrypted content and communications.
2023/07/28
Committee: LIBE
Amendment 1018 #

2022/0155(COD)

Proposal for a regulation
Article 7 – paragraph 8 – subparagraph 1
The Coordinating Authority of establishment when requesting the issuance of detection orders, and the competent judicial or independent administrative authority when issuing the targeted detection order, shall target and specify it in such a manner that the negative consequences referred to in paragraph 4, first subparagraph, point (b), remain limited to what is strictly necessary to effectively address the significant risk referred to in point (a) thereofeffective and proportionate with regards to the applicable standards of criminal law.
2023/07/28
Committee: LIBE
Amendment 1199 #

2022/0155(COD)

Proposal for a regulation
Article 10 – paragraph 5 – subparagraph 2
The provider shall not provide information to users that may reduce the effectiveness of the measures to execute the targeted detection order, notwithstanding Article 6a and general advice on confidential communication.
2023/07/28
Committee: LIBE
Amendment 1204 #

2022/0155(COD)

Proposal for a regulation
Article 10 a (new)
Article10a Safeguarding end-to-end encryption The integrity of end-to-end encryption services must be safeguarded. The detection obligations set out in this section shall therefore not apply to end-to-end encryption services. This includes, inter alia, no possibility within end-to-end encryption technology to build in so called ‘backdoors’ i.e. client-side scanning with side-channel leaks which could weaken the end-to-end encryption and lead to a third part getting access to private data. Client-side scanning, when a message is scanned twice, on sending and receiving, threatens the integrity and privacy of users. Such ‘backdoors’ shall not be built in on end-to-end encryption in the pursuit of enforcing this regulation.
2023/07/28
Committee: LIBE
Amendment 138 #

2022/0134(COD)

Proposal for a directive
Recital 5
(5) The prospect of obtaining EU long- term resident status in a Member State after a certain time is an imopportant elementunity for the full integration of beneficiaries of international protection in the Member State of residence. Beneficiaries of international protection should therefore be able to obtain EU long-term resident status in the Member State which granted them international protection, subject to the same conditions as other third-country nationals.
2022/12/08
Committee: LIBE
Amendment 175 #

2022/0134(COD)

Proposal for a directive
Recital 20
(20) Professional qualifications acquired by a third-country national in another Member State should be recognised in the same way as those of Union citizens. QProfessional qualifications acquired in a third country should be taken into account in accordance with Directive 2005/36/EC of the European Parliament and of the Council35 . This Directive should be without prejudice to the conditions set out under national law for the exercise of regulated professions. _________________ 35 Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (OJ L 255, 30.9.2005, p. 22).
2022/12/08
Committee: LIBE
Amendment 233 #

2022/0134(COD)

Proposal for a directive
Article 3 – paragraph 2 – point f a (new)
(fa) have a residence permit granted on the basis of any type of investment in a Member State.
2022/12/08
Committee: LIBE
Amendment 234 #

2022/0134(COD)

Proposal for a directive
Article 3 – paragraph 2 – point f b (new)
(fb) have a residence permit because of impediments to the enforcement of a return decision, unless the impediments is beyond the applicant's control.
2022/12/08
Committee: LIBE
Amendment 241 #

2022/0134(COD)

Proposal for a directive
Article 4 – paragraph 2
2. Member States shall establish appropriate control mechanisms to ensure that the requirement of legal and continuous residence is duly monitored, with particular regard to applications submitted by third-country nationals holding and/or having held a residence permit granted on the basis of any kind of investment in a Member State.
2022/12/08
Committee: LIBE
Amendment 244 #

2022/0134(COD)

Proposal for a directive
Article 4 – paragraph 3
3. Member States shall allow third- country nationals to cumulate periods of legal residence in different Member States in order to fulfil the requirement concerning the duration of residence, provided that they have accumulated twoat least three years of legal and continuous residence within the territory of the Member State where the application for EU long-term resident status is submitted immediately prior to the submission of the application. For the purpose of cumulating periods of residence in different Member States, Member States shall not take into account periods of residence as a holder of a residence permit granted on the basis of any kind of investment in another Member State. Periods for which an application is being processed shall only be considered by the Member State that assessed the application.
2022/12/08
Committee: LIBE
Amendment 248 #

2022/0134(COD)

Proposal for a directive
Article 4 – paragraph 5 – subparagraph 1
Any period of residence spent as a holder of a long-stay visa or residence permit issued under Union or national law, including the cases covered in Article 3(2), points (a), (b), (c) and (e), shall be taken into account for the purposes of calculating the period referred to in paragraph 1, where the third- country national concerned has acquired a title of residence which will enable him/her to be granted EU long-term resident status. Any period of residence as a holder of a long-stay visa or residence permit issued under national law shall only be considered by the Member State that granted the long-stay visa or residence permit according to its national law.
2022/12/08
Committee: LIBE
Amendment 255 #

2022/0134(COD)

Proposal for a directive
Article 5 – paragraph 1 – point a
(a) stable and regular resources , also made available by a third party, which are sufficient to maintain himself/herself and the members of his/her family, without recourse to the social assistance system of the Member State concerned. Member States shall evaluate these resources by reference to their nature and regularity and may take into account the level of minimum wages and pensions prior to the application for long-term resident status;
2022/12/08
Committee: LIBE
Amendment 269 #

2022/0134(COD)

Proposal for a directive
Article 5 – paragraph 4
4. Where Member States issue national residence permits in accordance with Article 14, they shall not require EU long-term resident permitthe applicants to comply with stricterthe same resources and integration conditions thanas those imposed on applicants for such nationalEU long- term residencet permits.
2022/12/08
Committee: LIBE
Amendment 271 #

2022/0134(COD)

Proposal for a directive
Article 6 – title
6 Public policy and publicinternal security
2022/12/08
Committee: LIBE
Amendment 272 #

2022/0134(COD)

Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1
Member States may refuse to grant EU long-term resident status on grounds ofwhere the person concerned constitutes a threat to public policy or publicinternal security.
2022/12/08
Committee: LIBE
Amendment 276 #

2022/0134(COD)

Proposal for a directive
Article 6 – paragraph 1 – subparagraph 2
When taking the relevant decision, the Member State shall considMember States shall refuse to grant the long-term resident status in cases where the severity or type of offence againstapplicant or his/her family members constitutes a threat to public policy or publicinternal security, or the danger that emanates fromin consideration of the pserson concerned, while also having proper regard to the duration of residence and to the existence of links with the country of residenceiousness of the offences committed or the danger that emanates from the persons concerned.
2022/12/08
Committee: LIBE
Amendment 280 #

2022/0134(COD)

Proposal for a directive
Article 7 – paragraph 1
1. To acquire EU long-term resident status, the third-country national concerned shall lodge an application with the competent authorities of the Member State in which he/she resides. The application shall be accompanied by documentary evidence to be determined by national law that he/she meets the conditions set out in Articles 4 and 5 as well as, if required, by be in possession of a valid travel document or its certified copythat confirm his/her identity. .
2022/12/08
Committee: LIBE
Amendment 285 #

2022/0134(COD)

Proposal for a directive
Article 7 – paragraph 2 – subparagraph 2
Where the documents presented or information provided in support of the application are inadequate or incomplete, the competent authorities shall notify the applicant of the additional documents or information that are required and shall set a rdeasonable deadlinedline of not more than 2 months for presenting or providing them. The period referred to in the first subparagraph shall be suspended until the authorities have received the additional documents or information required. If the additional documents or information required have not been provided within that deadline, the application mayshall be rejected.
2022/12/08
Committee: LIBE
Amendment 294 #

2022/0134(COD)

Proposal for a directive
Article 8 – paragraph 6 a (new)
6a. The period referred to in Article 7(2) shall be suspended until the authorities have received the reply pursuant to paragraph 5 and 6 of this Article.
2022/12/08
Committee: LIBE
Amendment 295 #

2022/0134(COD)

Proposal for a directive
Article 9 – paragraph 1 – point a
(a) detection of fraudulent acquisition of EU long-term resident status or through bribery;
2022/12/08
Committee: LIBE
Amendment 297 #

2022/0134(COD)

Proposal for a directive
Article 9 – paragraph 1 – point c
(c) in the event of absence from the territory of the Union for a period of 124 consecutive months or a total of 18 months within a 24-month period.
2022/12/08
Committee: LIBE
Amendment 300 #

2022/0134(COD)

Proposal for a directive
Article 9 – paragraph 1 – point c a (new)
(ca) in the event of repeated criminal activity in one or more Member States, other than that Member State granting the status of long term residency.
2022/12/08
Committee: LIBE
Amendment 302 #

2022/0134(COD)

Proposal for a directive
Article 9 – paragraph 2
2. By way of derogation from paragraph 1, point (c), Member States may provide that absences for specific or exceptional reasons exceeding 124 consecutive months or a total of 18 months within a 24-month period, shall not entail withdrawal or loss of status.
2022/12/08
Committee: LIBE
Amendment 306 #

2022/0134(COD)

Proposal for a directive
Article 9 – paragraph 3
3. Member States may provide that the EU long-term resident shall no longer be entitled to maintain his/her EU long- term resident status in cases where he/she constitutes a threat to public policy, in consideration of the seriousness of the offences he/she committed, but such threat is not a reason for ending his/her legal stay within the meaning of Article 13.
2022/12/08
Committee: LIBE
Amendment 310 #

2022/0134(COD)

Proposal for a directive
Article 9 – paragraph 5 – subparagraph 2
In any case after sixfive years of absence from the territory of the Member State that granted EU long-term resident status the person concerned shall no longer be entitled to maintain his/her EU long term resident status in the said Member State.
2022/12/08
Committee: LIBE
Amendment 312 #

2022/0134(COD)

Proposal for a directive
Article 9 – paragraph 5 – subparagraph 3
By way of derogation from the second subparagraph, the Member State concerned may provide that for specific reasons the EU long-term resident shall maintain his/her status in the said Member State in case of absences for a period exceeding sixfive years.
2022/12/08
Committee: LIBE
Amendment 314 #

2022/0134(COD)

Proposal for a directive
Article 9 – paragraph 6 – subparagraph 3
Member States shall not require third- country nationals who apply for the re- acquisition of the EU long-term resident status to comply with integration conditions.deleted
2022/12/08
Committee: LIBE
Amendment 325 #

2022/0134(COD)

Proposal for a directive
Article 11 – paragraph 2
Where Member States issue national residence permits in accordance with Article 14, they shall not require EU long- term resident applicants to pay higherthe same fees than those imposed on applicants for national residence permits.
2022/12/08
Committee: LIBE
Amendment 343 #

2022/0134(COD)

Proposal for a directive
Article 13 – paragraph 1
1. Member States may take a decision ending the legal stay of an EU long-term resident solely where he/she constitutes an actual and sufficiently serious threat to public policy or publicinternal security or when he/she has committed a crime where prison is within the range of punishment.
2022/12/08
Committee: LIBE
Amendment 348 #

2022/0134(COD)

Proposal for a directive
Article 13 – paragraph 3 – point a
(a) the duration of residence in their territory and the periods of absence as provided in paragraphs 1 and 2 of Article 9;
2022/12/08
Committee: LIBE
Amendment 352 #

2022/0134(COD)

Proposal for a directive
Article 13 – paragraph 3 – point d a (new)
(da) where applicable, the seriousness and type of criminal activity or the danger for repetitive criminal activity
2022/12/08
Committee: LIBE
Amendment 371 #

2022/0134(COD)

Proposal for a directive
Article 15 – paragraph 4
4. By way of derogation fromIn compliance with Article 14(2) of Directive 2003/86/EC, Member States shall notmay examine the situation of their labour market when they find it relevant.
2022/12/08
Committee: LIBE
Amendment 376 #

2022/0134(COD)

Proposal for a directive
Article 17 – paragraph 2 – point a
(a) stable and regular resources , also made available by a third party, which are sufficient to maintain themselves and the members of their families, without recourse to the social assistance of the Member State concerned. For each of the categories referred to in Article 16(2), Member States shall evaluate these resources by reference to their nature and regularity and may take into account the level of minimum wages and pensions;
2022/12/08
Committee: LIBE
Amendment 398 #

2022/0134(COD)

Proposal for a directive
Article 19 – title
19 Public policy and publicinternal security
2022/12/08
Committee: LIBE
Amendment 401 #

2022/0134(COD)

Proposal for a directive
Article 19 – paragraph 1 – subparagraph 2
When taking the relevant decision, the Member States shall considrefuse applications for residence where the severity or type of offence againstapplicant or his/her family members constitutes a threat to public policy or publicinternal security committed by the long- term resident or his/her family member(s),, in consideration of the seriousness of the offences committed or the danger that emanates from the persons concerned.
2022/12/08
Committee: LIBE
Amendment 410 #

2022/0134(COD)

Proposal for a directive
Article 24 – paragraph 2 – subparagraph 2
Member States may provide that the EU long-term residents and their family members who exercise an economic activity in an employed or self-employed capacity shall be obliged to communicate to the competent authorities any change of employer or economic activity. Such requirement shall not affect the right of the persons concerned to take up and carry out the new activity.
2022/12/08
Committee: LIBE
Amendment 421 #

2022/0134(COD)

Proposal for a directive
Article 25 – paragraph 4 a (new)
4a. The obligation to take back shall also apply for such criminal activities as set out in Article 9 c.
2022/12/08
Committee: LIBE
Amendment 423 #

2022/0134(COD)

Proposal for a directive
Article 26 – paragraph 1
1. Upon application, the second Member State shallmay grant EU long-term residents the status provided for by Article 7, subject to the provisions of Articles 3, 4, 5 and 6. The second Member State shall notify its decision to the first Member State.
2022/12/08
Committee: LIBE
Amendment 60 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point c a (new)
Directive 2010/75/EU
Article 3 – paragraph 1 – point (14 a) (new)
(ca) 'Innovative techniques' are techniques relevant to activities within the scope of that Directive, their level of development from research to deployment (technology readiness level or ‘TRL’) and their environmental performance. Innovative techniques should be at least at the level of technology demonstrated in relevant environment (industrially relevant environment in the case of key enabling technologies) or system prototype demonstration in operation environment (TRL 6-7).
2022/12/09
Committee: ITRE
Amendment 152 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 3 – introductory part
The competent authority shall set the strictest possible emission limit values that are consistent with the lowest emissions achievable by applying BAT in the installation, and that ensure that, under normal operating conditions, emissions do not exceed the emission levels associated with the best available techniques (BAT- AELs) as laid down in the decisions on BAT conclusions referred to in Article 13(5). The emission limit values shall be based on an assessment by the operator analysing the feasibility of meeting the strictest end of the BAT-AEL range and demonstrating the best performance the installation can achieve by applying BAT as described in BAT conclusions, while taking into account fluctuations of the performance of the best available techniques and the circumstances where the installation operates at the highest end of the emission values range. . The emission limit values shall be set through either of the following:
2022/12/09
Committee: ITRE
Amendment 167 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 3 a
3a. The competent authority shall set environmental performance limit valuelevels that ensure that, under normal operating conditions, such performance limits values do not exceed the environmental performance levels associated with BATs as laid down in the decisions on BAT conclusions referred to in Article 13(5).
2022/12/09
Committee: ITRE
Amendment 188 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 15 a (new)
Directive 2010/75/EU
Article 21 – paragraph 3 a (new)
(15a) 3a. In case undertakings are implementing deep industrial transformations towards EU objectives of a circular and climate neutral economy, the competent authority shall exempt the operator from the reconsideration and updating of permit conditions for the activities concerned until the transformation is completed.
2022/12/09
Committee: ITRE
Amendment 209 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 c (new)
By way of derogation from Article 15(3) and (3a) and 21(3), the competent authority may when an operator chooses that option, set emission limit values that ensure that, within 6 years of publication of a decision on BAT conclusions in accordance with Article 13(5) relating to the main activity of an installation, emissions shall not, under normal operating conditions, exceed emission levels associated with emerging techniques as laid down in the decisions on BAT conclusions. Where the time period referred in the first paragraph has elapsed and where the operator cannot comply with the emission limit values set by way of derogation from Article 15(3), the competent authority shall ensure that within a maximum period of 4 years following the expiry of the time period referred to in the first paragraph:(a) the permit conditions for the installation concerned are reconsidered and, if necessary, updated to ensure compliance with this Directive, in particular, with Article15(3) and (4), where applicable;(b) the installation complies with those permit conditions. For the time period in between the expiry of the time period referred to in the first paragraph and the reconsideration and updating of the permit conditions, the competent authority shall apply the derogation principles referred to in Article 15(4).
2022/12/09
Committee: ITRE
Amendment 212 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d (new)
Article 27deleted
2022/12/09
Committee: ITRE
Amendment 269 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 32
Directive 2010/75/EU
Article 79 a (new) – paragraph 4
4. Where there is a claim for compensation in accordance with paragraph 1, supported by evidence from which a causality link may be presumed between the damage and the violation, Member States shall ensure that the onus is on the person responsible for the violation to prove that the violation did not cause or contribute to the damage.deleted
2022/12/09
Committee: ITRE
Amendment 20 #

2022/0051(COD)

Proposal for a directive
Recital 5
(5) EWell-established existing international standards on responsible business conduct like the United Nations Guiding Principles on Business and Human Rights, the OECD Guidelines for Multinational Enterprises, and the OECD Due Diligence Guidance for Responsible Business Conduct specify that companies should protect human rights and set out how they should address the protection of the environment across their operations and value chains. The United Nations Guiding Principles on Business and Human Rights79 recognise the responsibility of companies to exercise human rights due diligence by identifying, preventing and mitigating the adverse impacts of their operations on human rights and by accounting for how they address those impacts. Those Guiding Principles state that businesses should avoid infringing human rights and should address adverse human rights impacts that they have caused, contributed to or are linked with in their own operations, subsidiaries and through their direct and indirect business relationships. These guidelines should be the basis for this Directive. __________________ 79 United Nations’ “Guiding Principles on Business and Human Rights: Implementing the United Nations ‘Protect, Respect and Remedy’ Framework”, 2011, available at https://www.ohchr.org/documents/publicati ons/guidingprinciplesbusinesshr_en.pdf.
2022/10/28
Committee: ITRE
Amendment 23 #

2022/0051(COD)

Proposal for a directive
Recital 6
(6) The concept of human rights due diligence was specified and further developed in the OECD Guidelines for Multinational Enterprises80 which extended the application of due diligence to environmental and governance topics. The OECD Guidance on Responsible Business Conduct and sectoral guidance81 are internationally recognised frameworks setting out practical due diligence steps to help companies identify, prevent, mitigate and account for how they address actual and potential impacts in their operations, valuesupply chains and other business relationships. The concept of due diligence is also embedded in the recommendations of the International Labour Organisation (ILO) Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy.82direct business relationships. __________________ 80 OECD Guidelines for Multinational Enterprises, 2011 updated edition, available at http://mneguidelines.oecd.org/guidelines/.h ttps://mneguidelines.oecd.org/mneguidelin es/ 81 OECD Guidance on Responsible Business Conduct, 2018, and sector- specific guidance, available at https://www.oecd.org/investment/due- diligence-guidance-for-responsible- business-conduct.htm. 82 The International Labour Organisation’s “Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy, Fifth Edition, 2017, available at: https://www.ilo.org/empent/Publications/ WCMS_094386/lang--en/index.htm.
2022/10/28
Committee: ITRE
Amendment 24 #

2022/0051(COD)

Proposal for a directive
Recital 8
(8) International agreements under the United Nations Framework Convention on Climate Change, to which the Union and the Member States are parties, such as the Paris Agreement84 and the recent Glasgow Climate Pact85 , set out precise avenues to address climate change and keep global warming within 1.5 C degrees. Besides specific actions being expected from all signatory Parties, the role of the private sector, in particular its investment strategies, is considered central to achieve these objectives. __________________ 84 https://unfccc.int/files/essential_backgrou nd/convention/application/pdf/english_pa ris_agreement.pdf. 85 Glasgow Climate Pact, adopted on 13 November 2021 at COP26 in Glasgow, https://unfccc.int/sites/default/files/resour ce/cma2021_L16_adv.pdf.https://unfccc.i nt/sites/default/files/resource/cma2021_L 16_adv.pdf.deleted
2022/10/28
Committee: ITRE
Amendment 25 #

2022/0051(COD)

Proposal for a directive
Recital 9
(9) In the European Climate Law86, the Union also legally committed to becoming climate-neutral by 2050 and to reducing emissions by at least 55% by 2030. Both these commitments require changing the way in which companies produce and procure. The Commission’s 2030 Climate Target Plan87 models various degrees of emission reductions required from different economic sectors, though all need to see considerable reductions under all scenarios for the Union to meet its climate objectives. The Plan also underlines that “changes in corporate governance rules and practices, including on sustainable finance, will make company owners and managers prioritise sustainability objectives in their actions and strategies.” The 2019 Communication on the European Green Deal88 sets out that all Union actions and policies should pull together to help the Union achieve a successful and just transition towards a sustainable future. It also sets out that sustainability should be further embedded into the corporate governance framework. __________________ 86 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’) PE/27/2021/REV/1 (OJ L 243, 9.7.2021, p. 1). 87 SWD/2020/176 final. 88 COM/2019/640 final.deleted
2022/10/28
Committee: ITRE
Amendment 26 #

2022/0051(COD)

Proposal for a directive
Recital 10
(10) According to the Commission Communication on forging a climate- resilient Europe89 presenting the Union Strategy on Adaptation to climate change, new investment and policy decisions should be climate-informed and future- proof, including for larger businesses managing value chains. This Directive should be consistent with that Strategy. Similarly, there should be consistency with the Commission Directive […] amending Directive 2013/36/EU as regards supervisory powers, sanctions, third-country branches, and environmental, social and governance risks (Capital Requirements Directive)90 , which sets out clear requirements for banks’ governance rules including knowledge about environmental, social and governance risks at board of directors level. __________________ 89 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on Forging a climate-resilient Europe – the new EU Strategy on Adaptation to Climate Change (COM/2021/82 final), available at https://eur-lex.europa.eu/legal- content/EN/TXT/?uri=COM:2021:82:FI N. 90 OJ C […], […], p. […].deleted
2022/10/28
Committee: ITRE
Amendment 27 #

2022/0051(COD)

Proposal for a directive
Recital 11
(11) The Action Plan on a Circular Economy91 , the Biodiversity strategy92 , the Farm to Fork strategy93 and the Chemicals strategy94 and Updating the 2020 New Industrial Strategy: Building a stronger Single Market for Europe’s recovery95 , Industry 5.096 and the European Pillar of Social Rights Action Plan97 and the 2021 Trade Policy Review98 list an initiative on sustainable corporate governance among their elements. __________________ 91 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on A new Circular Economy Action Plan For a cleaner and more competitive Europe (COM/2020/98 final). 92 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the EU Biodiversity Strategy for 2030 Bringing nature back into our lives (COM/2020/380 final). 93 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on A Farm to Fork Strategy for a fair, healthy and environmentally-friendly food system (COM/2020/381 final). 94 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the Chemicals Strategy for Sustainability Towards a Toxic-Free Environment (COM/2020/667 final). 95 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on Updating the 2020 New Industrial Strategy: Building a stronger Single Market for Europe’s recovery (COM/2021/350 final). 96 Industry 5.0; https://ec.europa.eu/info/research-and- innovation/research-area/industrial- research-and-innovation/industry-50_en 97 https://op.europa.eu/webpub/empl/europe an-pillar-of-social-rights/en/ 98 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).deleted
2022/10/28
Committee: ITRE
Amendment 28 #

2022/0051(COD)

Proposal for a directive
Recital 13
(13) The European Parliament, in its resolution of 10 March 2021 calls upon the Commission to propose Union rules for a comprehensive corporate due diligence obligation100. The Council Conclusions on Human Rights and Decent Work in Global Supply Chains of 1 December 2020 called upon the Commission to table a proposal for a Union legal framework on sustainable corporate governance, including cross- sector corporate due diligence obligations along global supply chains.101 The European Parliament also calls for clarifying directors` duties in its own initiative report adopted on 2 December 2020 on sustainable corporate governance. In their Joint Declaration on EU Legislative Priorities for 2022102 , the European Parliament, the Council of the European Union and the Commission have committed, to deliver on an economy that works for people, and to improve the regulatory framework on sustainable corporate governance. __________________ 100 European Parliament resolution of 10 March 2021 with recommendations to the Commission on corporate due diligence and corporate accountability (2020/2129(INL)), P9_TA(2021)0073, available at https://oeil.secure.europarl.europa.eu/oeil/p opups/ficheprocedure.do?lang=en&referen ce=2020/2129(INL). 101 Council Conclusions on Human Rights and Decent Work in Global Supply Chains, 1 December 2020 (13512/20). 102 Joint declaration of the European Parliament, the Council of the European Union and the European Commission on EU Legislative Priorities for 2022, available at https://ec.europa.eu/info/sites/default/files /joint_declaration_2022.pdf.
2022/10/28
Committee: ITRE
Amendment 31 #

2022/0051(COD)

Proposal for a directive
Recital 14
(14) This Directive aims to ensure that companies active in the internal market contribute to sustainable development and the sustainability transition of economies and societies through the identification, prevention and mitigation, bringing to an end and minimisation of potential or actual adverse human rights and environmental impacts connected with companies’ own operations, subsidiaries and value chains.supply chains. (This amendment applies throughout the text and is related to the amendment of the definition in Article 3(1), point (g). Adopting it will necessitate corresponding changes throughout.)
2022/10/28
Committee: ITRE
Amendment 32 #

2022/0051(COD)

Proposal for a directive
Recital 14 a (new)
(14a) In line with relevant Union and national law, all companies in the Union need to adhere to the protection of human rights and environmental standards. If that is not the case, Member States and their relevant authorities are required to enforce the legislation. Thus, there is no need for companies within the Union to control each other’s conduct. The goal of due diligence is to tackle risks in cases where human rights and environmental standards are not or cannot be enforced. Therefore, tracing activities in the upstream supply chain shall be focused on direct business relationships outside of the European Union.
2022/10/28
Committee: ITRE
Amendment 33 #

2022/0051(COD)

Proposal for a directive
Recital 15
(15) Companies should take appropriate steps within their means to set up and carry out risk-based due diligence measures, with respect to their own operations, their subsidiaries, as well as their established direct and indirect business relationships with entities from third countries throughout their valuesupply chains in accordance with the provisions of this Directive. This Directive should not require companies to guarantee, in all circumstances, that adverse impacts will never occur or that they will be stopped. For example with respect to business relationships where the adverse impact results from State intervention, the company might not be in a position to arrive at such results. Therefore, the main obligations in this Directive should be ‘obligations of means’. While companies can be asked to prevent or mitigate adverse impacts through due diligence policies, it is still in the responsibility of states to actually combat human rights violations worldwide. The company should take the appropriate measures which can reasonably be expected to result in prevention or minimisation of the adverse impact under the circumstances of the specific case. Account should be taken of the specificitiesThe measures should be proportionate and commensurate to the likelihood and severity of the company's value chain, sector or geographical area in which its value chain partners operate, the company’s power to influence its direct and indirect business relationships, and whether the company could increase its power of influencpotential or actual adverse impacts and its specific circumstances, particularly its sector of activity, the size and length of its supply chain, the size of the company, its capacity, resources and leverage.
2022/10/28
Committee: ITRE
Amendment 37 #

2022/0051(COD)

Proposal for a directive
Recital 17
(17) Adverse human rights and environmental impact occur in companies’ own operations, subsidiaries, products, and in their value chains, in particular at the level of raw material sourcing, manufacturing, or at the level of product or waste disposal. In order for the due diligence to have a meaningful impact, it should cover human rights and environmental adverse impacts generated throughout the life-cycle of production and use and disposal of product or provision of services, at the level of own operations, subsidiaries and in value chains.deleted
2022/10/28
Committee: ITRE
Amendment 39 #

2022/0051(COD)

Proposal for a directive
Recital 17 a (new)
(17a) Companies should be allowed to set up a prioritisation strategy based on a risk assessment and a risk-based monitoring methodology for identifying potential adverse impacts. Companies should consider the level of severity, likelihood and urgency of the different adverse impacts, the nature and context of their operations, including geography, the scope of the risks, their scale and how irremediable they might be, and if necessary, use the prioritisation policy in dealing with them.
2022/10/28
Committee: ITRE
Amendment 41 #

2022/0051(COD)

Proposal for a directive
Recital 18
(18) The valuesupply chain should cover activities related todirectly necessary for the production of a good or provision of services by a company, including the development of the product or the service and the use and disposal of the product as well as the related activities of establisheddirect business relationships of the company. It should encompass direct upstream established direct and indirect business relationshipsbusiness relationships with direct business partners from a third country that design, extract, manufacture, transport, store and supply raw material, products, parts of products, or provide services to the company that are directly necessary to carry out the company’s activities, and also downstream relationships, including established direct and indirect business relationships, that use or receive products, parts of products or services from the company up to the end of life of the product, including inter alia the distribution of the product to retailers, the transport and storage of the product, dismantling of the product, its recycling, composting or landfilling.
2022/10/28
Committee: ITRE
Amendment 45 #

2022/0051(COD)

Proposal for a directive
Recital 19
(19) As regards regulated financial undertakings providing loan, credit, or other financial services, “value chain” with respect to the provision of such services should be limited to the activities of the clients receiving such services, and the subsidiaries thereof whose activities are linked to the contract in question. Clients that are households and natural persons not acting in a professional or business capacity, as well as small and medium sized undertakings, should not be considethe financial services industry is already subject to several provisions and obligations under existing legislation such as the Sustainable Finance Disclosure Regulation (SFDR) or the Capital Requirements Directive (CRD), the risk of overlap, lack of clarity and undue burden is evident. Furthermored to be part of the value chain. The activities of the companies or other legal entities that are included in the value chain of that client should not be coveredhe risk of limited financing to the European economy should not be underestimated. A possible future inclusion should therefore be preceded by a proper impact assessment.
2022/10/28
Committee: ITRE
Amendment 50 #

2022/0051(COD)

Proposal for a directive
Recital 20
(20) In order to allow companies to properly identify and prioritise the adverse impacts in their value chainsupply chain based on a risk assessment and risk-based monitoring and to make it possible for them to exercise appropriate leverage, the due diligence obligations should be limited in this Directive to establisheddirect business relationships. For the purpose of this Directive, established business relationships should mean such direct and indirect businesscontractual relationships which are, or which are expected to be lasting, in view of ith a contractor, subcontractor or any otheir intlegal enstity and duration and which do not represenies from a third country that are negligible or ancillary partcessary for the supply of goods ofr the value chain. The nature of business relationships as “established” should be reassessed periodically, and at least every 12 months. If the direct business relationship of a company is established, then all linked indirect business relationships should also be considered as established regarding that companyprovision of services that are necessary for the production of the companies' product or the provision of and use of the relevant service, with whom the company has a commercial agreement, and that does not represent a negligible or merely ancillary part of the supply chain.
2022/10/28
Committee: ITRE
Amendment 51 #

2022/0051(COD)

Proposal for a directive
Recital 20 a (new)
(20a) In order to offset of the regulatory burdens for citizens, administrations and businesses introduced by this Directive, the Commission should, in the framework of its annual burden survey conducted pursuant to paragraph 48 of the Interinstitutional Agreement of 13 April 2016 on Better Law-Making, review the regulatory framework for the affected sectors and companies in line with the “one in, one out” principle, as set out in the Commission communication of 29 April 2021 entitled “Better Regulation: Joining forces to make better laws”, and, where appropriate, present legislative proposals for the amendment or deletion of provisions in other Union legislative acts that generate compliance costs in those sectors and for those companies.
2022/10/28
Committee: ITRE
Amendment 55 #

2022/0051(COD)

Proposal for a directive
Recital 21
(21) Under this Directive, EU companies with more than 5000 employees on average and a worldwide net turnover exceeding EUR 150 million in the financial year preceding the last financial year should be required to comply with due diligence. As regards cCompanies which do not fulfil those criteria, but which had more than 253000 employees on average and more than EUR 450 million worldwide net turnover in the financial year preceding the last financial year and which operate in one or more high-impact sectors, due diligence should apply 2 years after the end of the transposition period of this directive, in order to provide for a longer adaptation period. In order to ensure a proportionate burden, companies operating in such high- impact sectors should be required to comply with more targeted due diligence focusing on severe adverse impacts. Temporary agency workers, including those posted under Article 1(3), point (c), of Directive 96/71/EC, as amended by Directive 2018/957/EU of the European Parliament and of the Council103 , should be included in the calculation of the number of employees in the user company. Posted workers under Article 1(3), points (a) and (b), of Directive 96/71/EC, as amended by Directive 2018/957/EU, should only be included in the calculation of the number of employees of the sending company. __________________ 103 Directive (EU) 2018/957 of the European Parliament and of the Council of 28 June 2018 amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services (OJ L 173, 9.7.2018, p. 16).
2022/10/28
Committee: ITRE
Amendment 56 #

2022/0051(COD)

Proposal for a directive
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.
2022/10/28
Committee: ITRE
Amendment 58 #

2022/0051(COD)

Proposal for a directive
Recital 23
(23) In order to achieve fully the objectives of this Directive addressing human rights and adverse environmental impacts with respect to companies’ operations, subsidiaries and valuesupply chains, third-country companies with significant operations in the EU should also be covered. More specifically, the Directive should apply to third-country companies which generated a net worldwide turnover of at least EUR 150 million in the Union in the financial year preceding the last financial year of which at least EUR 50 million was generated in the Union or a net turnover of more than EUR 40 million but less than EUR 150 million of which at least EUR 50 million was generated in the Union in the financial year preceding the last financial year in one or more of the high- impact sectors, as of 2 years after the end of the transposition period of this Directive. This Directive should also apply to those companies which do not meet the criteria mentioned above if that company is part of a group of companies whose parent company is registered in a third country and which has more than 5000 employees on average or had a net worldwide turnover of more than EUR 150 million in the last financial year for which annual financial statements have been prepared. A group of companies refers to a parent company and all its subsidiaries.
2022/10/28
Committee: ITRE
Amendment 62 #

2022/0051(COD)

Proposal for a directive
Recital 24
(24) For defining the scope of application in relation to non-EU companies the described turnover criterion should be chosen as it creates a territorial connection between the third-country companies and the Union territory. Turnover is a proxy for the effects that the activities of those companies could have on the internal market. In accordance with international law, such effects justify the application of Union law to third-country companies. To ensure identification of the relevant turnover of companies concerned, the methods for calculating net turnover for non-EU companies as laid down in Directive (EU) 2013/34 as amended by Directive (EU) 2021/2101 should be used. To ensure effective enforcement of this Directive, an employee threshold should, in turn, not be applied also be applied as a benchmark to determine which third-country companies fall under this Directive, as to create a level- playing field, while taking into account that the notion of “employees” retained for the purposes of this Directive is based on Union law and could not be easily transposed outside of the Union. In the absence of a clear and consistent methodology, including in accounting frameworks, to determine the employees of third-country companies, such employee threshold would therefore create legal uncertainty and would be difficult to apply for supervisory authorities. The definition of turnover should be based on Directive 2013/34/EU which has already established the methods for calculating net turnover for non-Union companies, as turnover and revenue definitions are similar in international accounting frameworks too. With a view to ensuring that the supervisory authority knows which third country companies generate the required turnover in the Union to fall under the scope of this Directive, this Directive should require that a supervisory authority in the Member State where the third country company’s authorised representative is domiciled or established and, where it is different, a supervisory authority in the Member State in which the company generated most of its net turnover in the Union in the financial year preceding the last financial year are informed that the company is a company falling under the scope of this Directive.
2022/10/28
Committee: ITRE
Amendment 63 #

2022/0051(COD)

Proposal for a directive
Recital 24 a (new)
(24a) Companies that are part of a group, including subsidies and parent companies, may not always have the same supply chain. However, it may be that due diligence processes and actions are conducted at the level of the group. In this regard, subsidiaries and companies which are part of the same group may refer to the responsibilities pursuant to the obligations of this directive taken on by their parent company or other group members.
2022/10/28
Committee: ITRE
Amendment 64 #

2022/0051(COD)

Proposal for a directive
Recital 25
(25) In order to achieve a meaningful contribution to the sustainability transition, due diligence under this Directive should be carried out with respect to adverse human rights impact on protected persons resulting from the violation of one of the rights and prohibitions as enshrine and, at the same time, to limit the regulatory and fin the international conventions as listed in the Annex toancial burden for companies under the scope of thise Directive. In order to ensure a comprehensive coverage of human rights, a violation of a prohibition or right not specifically listed in that Annex which directly impairs a legal interest protected in those conventions should also form part of the adverse human rights impact covered by this Directive, provided that the company concerned could have reasonably established the risk of such impairment and any appropriate measures to be taken in order to comply with the due diligence obligations under this Directive, taking into account all relevant circumstances of their operations, such as the sector and operational context., due diligence under this Directive should be carried out with respect to adverse human rights impact and adverse environmental impacts resulting from the violation of one of the principles set out in the OECD Due dDiligence should further encompass adverse environmental impacts resulting from the violation of one of the prohibitions and obligations pursuant to the international environmental conventions listed in the Annex to this DirectiveGuidance for Responsible Business Conduct, the OECD Guidelines for Multinational Enterprises and the UN Guiding Principles on Business and Human Rights as regards the environment or human rights.
2022/10/28
Committee: ITRE
Amendment 69 #

2022/0051(COD)

Proposal for a directive
Recital 26
(26) Companies should have guidance at their disposal that illustrates how their activities may impact human rights and which corporate behaviour is prohibited in accordance with internationally recognised human rights. Such guidance is included for instance in The United Nations Guiding Principles Reporting Framework104 and the United Nations Guiding Principles Interpretative Guide105 and should be made easily accessible to companies. Using relevant international guidelines and standards as a reference, the Commission should be able to issue additional guidance that will serve as a practical tool for companies. __________________ 104 https://www.ungpreporting.org/wp- content/uploads/UNGPReportingFramewor k_withguidance2017.pdf. 105 https://www.ohchr.org/Documents/Issues/ Business/RtRInterpretativeGuide.pdf.https: //www.ohchr.org/Documents/Issues/Busine ss/RtRInterpretativeGuide.pdf.
2022/10/28
Committee: ITRE
Amendment 71 #

2022/0051(COD)

Proposal for a directive
Recital 27
(27) In order to conduct appropriate human rights, and environmental due diligence with respect to their operations, their subsidiaries, and their value chains, companies covered by this Directive should integrate due diligence into corporate policies, identify, prevent and mitigate as well as bring to an end and minimise the extent of potential and actual adverse human rights and environmental impacts, establish and maintain a complaintsnotification procedure, monitor the effectiveness of the taken measures in accordance with the requirements that are set up in this Directive and communicate publicly on their due diligence. In order to ensure clarity for companies, in particular the steps of preventing and mitigating potential adverse impacts and of bringing to an end, or when this is not possible, minimising actual adverse impacts should be clearly distinguished in this Directive.
2022/10/28
Committee: ITRE
Amendment 73 #

2022/0051(COD)

Proposal for a directive
Recital 28
(28) In order to ensure that due diligence forms part of companies’ corporate policies, and in line with the relevant international framework, companies should integrate due diligence into all their corporate policies where necessary and have in place a risk-based due diligence policy. The risk- based due diligence policy should contain a description of the company’s approach, including in the long term, to due diligence, a code of conduct describing the rules and principles to be followed by the company’s employees and subsidiaries; a description of the processes put in place to implement due diligence, including the measures taken to verify compliance with the code of conduct and to extend its application to established business relationships. The code of conduct should apply in all relevant corporate functions and operations, including procurement and purchasing decisions. Companies should also update their due diligence policy annuallyregularly update and publish their due diligence policy, taking a risk-based approach in accordance with the OECD Due Diligence Guidance for Responsible Business Conduct, the OECD Guidelines for Multinational Enterprises and the UN Guiding Principles on Business and Human Rights, but at least every five years.
2022/10/28
Committee: ITRE
Amendment 76 #

2022/0051(COD)

Proposal for a directive
Recital 29
(29) To comply with due diligence obligations, companies need to take appropriate measures with respect to identification, prevention and bringing to an end adverse impacts. An ‘appropriate measure’ should mean a measure that is capable of achieving the objectives of due diligence, commensurate with the degree of severity and the likelihood of the adverse impact, and reasonably available to the company, taking into account the circumstances of the specific case, including characteristics of the economic sector and of the specific business relationship and the company’s influence thereof, and the need to ensure prioritisation of action. In this context, in line with international frameworks, the company’s influence over a business relationship should include, on the one hand its ability to persuade the business relationship to take action to bring to an end or prevent adverse impacts (for example through ownership or factual control, market power, pre-qualification requirements, linking business incentives to human rights and environmental performance, etc.) and, on the other hand, the degree of influence or leverage that the company could reasonably exercise, for example through cooperation with the business partner in question or engagement with another company which is the direct business partner of the business relationship associated with adverse impact. Severity means the scale, scope and irremediably character of the adverse impact, taking into account the gravity of the impact on the rights holder, the number of individuals that could be affected and the possibility of occurrence
2022/10/28
Committee: ITRE
Amendment 77 #

2022/0051(COD)

Proposal for a directive
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.
2022/10/28
Committee: ITRE
Amendment 80 #

2022/0051(COD)

Proposal for a directive
Recital 34
(34) So as to comply with the prevention and mitigation obligation under this Directive, companies should be required to take the following actions, where relevant. Where necessary due to the complexity of prevention and mitigation measures, companies should develop and implement a prevention or mitigation action plan. Companies are encouraged to develop their action plans in cooperation with sectoral initiatives and industry schemes. Companies should seek to obtain contractual assurances from a direct partner with whom they have an established direct business relationship outside of the European Union that it will ensure compliance with the code of conduct or the prevention or mitigation action plan, including by seeking corresponding contractual assurances from its partners to the extent that their activities are part of the companies’ valuesupply chain. The contractual assurances should be accompanied by appropriate measures to verify compliance. To ensure comprehensive prevention of actual and potential adverse impacts, companies should also make investments which aim to prevent adverse impacts, provide targeted and proportionate support for an SME with which they have an established direct business relationship such as financing, for example, through direct financing, low- interest loans, guarantees of continued sourcing, and assistance in securing financing, to help implement the code of conduct or prevention action plan, or technical guidance such as in the form of training, management systems upgrading, and collaborate with other companies.
2022/10/28
Committee: ITRE
Amendment 86 #

2022/0051(COD)

Proposal for a directive
Recital 36
(36) In order to ensure that prevention and mitigation of potential adverse impacts is effective, companies should prioritize engagement with business relationships in the valuesupply chain, instead of terminating the business relationship, as a last resort action after attempting at preventing and mitigating adverse potential impacts without success, taking into consideration the best interest of those affected by the adverse impact and taking into account potential supply chain disruptions. However, the Directive should also, for cases where potential adverse impacts could not be addressed by the described prevention or mitigation measures, refer to the obligationpossibility for companies to refrain from entering into new or extending existing relations with the partner in question and, where the law governing their relations so entitles them to, to either temporarily suspend commercial relationships with the partner in question, while pursuing prevention and minimisation efforts, if there is reasonable expectation that these efforts are to succeed in the short-term; or to terminate the business relationship with respect to the activities concerned if the potential adverse impact is severe. In order to allow companies to fulfil that obligation, Member States should provide for the availability of an option to terminate the business relationship in contracts governed by their laws. It is possible that prevention of adverse impacts and if these measures would be in the best interest of the potential victims. Companies should not be required to refrain from entering into new or extending existing relations with the direct business partner or temporarily suspend the commercial relationship or terminate the level of indirect business relationships requires collaboration with another company, for example a company which has a direct contractual relationship with the supplier. In some instances, such collaboration could be the only realistic way of preventing adv where there is a reasonable expectation that the termination would result in an adverse impact that is more severe than the potential adverse impact that could not be prevented or adequately mitigated or wherse impacts, in particular, where the indirect business relationship is not ready to enter into a contract with the company. In these instances, the company should collaborate with the entity which can most effectively prevent or mitigate adverse impacts at the level of the indirect business relationship while respecting competitionno available alternative to that business relationship, that provides a product or service essential to the company’s production of goods or provision of services, exists. In order to allow companies to fulfil that obligation, Member States should provide for the availability of an option to terminate the business relationship in contracts governed by their laws.
2022/10/28
Committee: ITRE
Amendment 88 #

2022/0051(COD)

Proposal for a directive
Recital 37
(37) As regards direct and indirect business relationships, industry cooperation, industry schemes and multi- stakeholder initiatives can help create additional leverage to identify, mitigate, and prevent adverse impacts. Therefore it should be possible for companies to rely on such initiatives to support the implementation of their due diligence obligations laid down in this Directive to the extent that such schemes and initiatives are appropriate to support the fulfilment of those obligations. CompaniMember States cshould assess, at their own initiative, the alignment of these schemes and initiatives with the obligations under this Directive. In order to ensure full information on such initiatives, the Directive should also refer to the possibility for the Commission and the Member States toshould facilitate the dissemination of information on such schemes or initiatives and their outcomes. The Commission, in collaboration with Member States, mayshould issue guidance for assessing the fitness of industry schemes and multi-stakeholder initiatives.
2022/10/28
Committee: ITRE
Amendment 94 #

2022/0051(COD)

Proposal for a directive
Recital 39
(39) So as to comply with the obligation of bringing to an end and minimising the extent of actual adverse impacts under this Directive, companies should be required to take the following actions within their means, where relevant. They should neutralise the adverse impact or minimise its extent, with an action proportionate to the significance and scale of the adverse impact and to the contribution of the company’s conduct to the adverse impact. Where necessary due to the fact that the adverse impact cannot be immediately brought to an end, companies should develop and implement a corrective action plan with reasonable and clearly defined timelines for action and qualitative and quantitative indicators for measuring improvementindicators for monitoring. Companies should also seek to obtain contractual assurances from a direct business partner with whom they have an established direct business relationship that they will ensure compliance with the company’s code of conduct and, as necessary, a prevention action plan, including by seeking corresponding contractual assurances from its partners, to the extent that their activities are part of the company’s value chaior mitigation action plan. The contractual assurances should be accompanied by the appropriate measures to verify compliance. Finally, companies should also make investments aiming at ceasing or minimising the extent of adverse impact, provide targeted and proportionate support for an SMEs with which they have an established direct business relationship and collaborate with other entities, including through multi-stakeholder initiatives, where relevant, to increase the company’s ability to bring the adverse impact to an end.
2022/10/28
Committee: ITRE
Amendment 98 #

2022/0051(COD)

Proposal for a directive
Recital 41
(41) In order to ensure that bringing actual adverse impacts to an end or minimising them is effective, companies should prioritize engagement with business relationships in the valuesupply chain, instead of terminating the business relationship, as a last resort action after attempting at bringing actual adverse impacts to an end or minimising them without success, taking into consideration the best interest of those affected by the adverse impact and taking into account potential supply chain disruptions. However, this Directive should also, for cases where actual adverse impacts could not be brought to an end or adequately mitigated by the described measures, refer to the obligationpossibility for companies to refrain from entering into new or extending existing relations with the partner in question and, where the law governing their relations so entitles them to, to either 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, or terminate the business relationship with respect to the activities concerned, if the adverse impact is considered severe and if these measures would be in the best interest of the potential victims. Companies should not be required to refrain from entering into new or extending existing relations with the direct business partner or temporarily suspend the commercial relationship or terminate the business relationship where there is a reasonable expectation that the termination would result in an adverse impact that is more severe than the potential adverse impact that could not be prevented or adequately mitigated or where no available alternative to that business relationship, that provides a product or service essential to the company’s production of goods or provision of services, exists. In order to allow companies to fulfil that obligation, Member States should provide for the availability of an option to terminate the business relationship in contracts governed by their laws.
2022/10/28
Committee: ITRE
Amendment 102 #

2022/0051(COD)

Proposal for a directive
Recital 43
(43) Companies should monitor the implementation and effectiveness of their due diligence measures. They should carry out periodic assessments of their own operations, those of their subsidiaries and, where related to the valuesupply chains of the company, those of their establisheddirect business relationships with third country entities, to monitor the effectiveness of the identification, prevention, minimisation, bringing to an end and mitigation of human rights and environmental adverse impacts. Such assessments should verify that adverse impacts are properly identified, due diligence measures are implemented and adverse impacts have actually been prevented or brought to an end. In order to ensure that such assessments are up-to- date, they should be carried out at least every 12 months and be revised in- betweenregularly, for example if there are reasonable grounds to believe that significant new risks of adverse impact could have arisen, but at least every five years.
2022/10/28
Committee: ITRE
Amendment 108 #

2022/0051(COD)

Proposal for a directive
Recital 46
(46) In order to provide support and practical tools to companies or to Member State authorities on how companies should fulfil their due diligence obligations, the Commission, using relevant international guidelines and standards as a reference, and in consultation with Member States and stakeholders, the European Union Agency for Fundamental Rights, the European Environment Agency, the European Agency for Small and Medium enterprises and where appropriate with international bodies having expertise in due diligence, should have the possibility to issue guidelines, including for specific sectors or specific adverse impacts. issue guidelines in digital, free of charge and easily accessible format, including for specific sectors or specific adverse impacts, an overview of applicable industry initiatives, and practical guidance on how proportionality and prioritisation, in terms of impacts, sectors and geographical areas. Furthermore, the guidelines should include a list of risk and non-risk areas whether sectoral or geographic such as regions and countries where adverse human rights impacts and/or environmental adverse impacts are unlikely or likely to occur. Companies should not be required to perform due diligence on parts of the supply chain linked to non-risk areas where adverse impacts are unlikely to occur. Countries or regions, where adverse impacts are unlikely to occur, could be the European Economic Area, the United States of America, the United Kingdom, Canada, Australia, New Zealand, and Japan. One criteria for this list should be a free-trade agreement between the European Union and the third country or region. The guidelines should be made available no later than 18 months after the date of entry into force of this Directive. The Commission should regularly review the relevance of its guidelines and adapt them to new best practices. Country factsheets should be updated regularly by the Commission and made publicly available 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 should 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.
2022/10/28
Committee: ITRE
Amendment 115 #

2022/0051(COD)

Proposal for a directive
Recital 50
(50) In order to ensure that this Directive effectively contributes to combating climate change, companies should adopt a plan to ensure that the business model and strategy of the company are compatible with the transition to a sustainable economy and with the limiting of global warming to 1.5 °C in line with the Paris Agreement. In case climate is or should have been identified as a principal risk for or a principal impact of the company’s operations, the company should include emissions reduction objectives in its plan.deleted
2022/10/28
Committee: ITRE
Amendment 117 #

2022/0051(COD)

Proposal for a directive
Recital 51
(51) With a view to ensure that such emission reduction plan is properly implemented and embedded in the financial incentives of directors, the plan should be duly taken into account when setting directors’ variable remuneration, if variable remuneration is linked to the contribution of a director to the company’s business strategy and long- term interests and sustainability.deleted
2022/10/28
Committee: ITRE
Amendment 119 #

2022/0051(COD)

Proposal for a directive
Recital 53
(53) In order to ensure the monitoring of the correct implementation of companies’ due diligence obligations and ensure the proper enforcement of this Directive, Member States should designate one or more national supervisory authorities. These supervisory authorities should be of a public nature, independent from the companies falling within the scope of this Directive or other market interests, and free of conflicts of interest. In accordance with national law, Member States should ensure appropriate financing of the competent authority. They should be entitled to carry out investigations, on their own initiative or based on complaints or substantiated concerns raised under this Directive. Where competent authorities under sectoral legislation exist, Member States could identify those as responsible for the application of this Directive in their areas of competence. They could designate authorities for the supervision of regulated financial undertaking also as supervisory authorities for the purposes of this Directive.
2022/10/28
Committee: ITRE
Amendment 120 #

2022/0051(COD)

Proposal for a directive
Recital 54
(54) In order to ensure effective enforcement of national measures implementing this Directive, Member States should provide for dissuasive, proportionate and effective sanctions for infringements of those measures. In order for such sanction regime to be effective, administrative sanctions to be imposed by the national supervisory authorities should include pecuniary sanctionsMember States should fully align and harmonize sanctions to allow for a level-playing field. Where the legal system of a Member State does not provide for administrative sanctions as foreseen in this Directive, the rules on administrative sanctions should be applied in such a way that the sanction is initiated by the competent supervisory authority and imposed by the judicial authority. Therefore, it is necessary that those Member States ensure that the application of the rules and sanctions has an equivalent effect to the administrative sanctions imposed by the competent supervisory authorities.
2022/10/28
Committee: ITRE
Amendment 121 #

2022/0051(COD)

Proposal for a directive
Recital 56
(56) In order to ensure effective compensation of victims of adverse impacts, Member States should be required to lay down rules governing the civil liability of companies for damages arising due to its failure to comply with the due diligence process. The company should be liable for damages if they failed to comply with the obligations to prevent and mitigate potential adverse impacts or to bring actual impacts to an end and minimise their extent, and as a result of this failure an adverse impact that should have been identified, prevented, mitigated, brought to an end or its extent minimised through the appropriate measures occurred and led to damage.deleted
2022/10/28
Committee: ITRE
Amendment 123 #

2022/0051(COD)

Proposal for a directive
Recital 57
(57) As regards damages occurring at the level of established indirect business relationships, the liability of the company should be subject to specific conditions. The company should not be liable if it carried out specific due diligence measures. However, it should not be exonerated from liability through implementing such measures in case it was unreasonable to expect that the action actually taken, including as regards verifying compliance, would be adequate to prevent, mitigate, bring to an end or minimise the adverse impact. In addition, in the assessment of the existence and extent of liability, due account is to be taken of the company’s efforts, insofar as they relate directly to the damage in question, to comply with any remedial action required of them by a supervisory authority, any investments made and any targeted support provided as well as any collaboration with other entities to address adverse impacts in its value chains.deleted
2022/10/28
Committee: ITRE
Amendment 127 #

2022/0051(COD)

Proposal for a directive
Recital 58
(58) The liability regime does not regulate who should prove that the company’s action was reasonably adequate under the circumstances of the case, therefore this question is left to national law.deleted
2022/10/28
Committee: ITRE
Amendment 128 #

2022/0051(COD)

Proposal for a directive
Recital 59
(59) As regards civil liability rules, the civil liability of a company for damages arising due to its failure to carry out adequate due diligence should be without prejudice to civil liability of its subsidiaries or the respective civil liability of direct and indirect business partners in the value chain. Also, the civil liability rules under this Directive should be without prejudice to Union or national rules on civil liability related to adverse human rights impacts or to adverse environmental impacts that provide for liability in situations not covered by or providing for stricter liability than this Directive.deleted
2022/10/28
Committee: ITRE
Amendment 131 #

2022/0051(COD)

Proposal for a directive
Recital 60
(60) As regards civil liability arising from adverse environmental impacts, persons who suffer damage can claim compensation under this Directive even where they overlap with human rights claims.deleted
2022/10/28
Committee: ITRE
Amendment 133 #

2022/0051(COD)

Proposal for a directive
Recital 61
(61) In order to ensure that victims of human rights and environmental harms can bring an action for damages and claim compensation for damages arising due to a company’s failure to comply with the due diligence obligations stemming from this Directive, even where the law applicable to such claims is not the law of a Member State, as could be for instance be the case in accordance with international private law rules when the damage occurs in a third country, this Directive should require Member States to ensure that the liability provided for in provisions of national law transposing this Article is of overriding mandatory application in cases where the law applicable to claims to that effect is not the law of a Member State.deleted
2022/10/28
Committee: ITRE
Amendment 134 #

2022/0051(COD)

Proposal for a directive
Recital 62
(62) The civil liability regime under this Directive should be without prejudice to the Environmental Liability Directive 2004/35/EC. This Directive should not prevent Member States from imposing further, more stringent obligations on companies or from otherwise taking further measures having the same objectives as that Directive.deleted
2022/10/28
Committee: ITRE
Amendment 136 #

2022/0051(COD)

Proposal for a directive
Recital 63
(63) In all Member States’ national laws, directors owe a duty of care to the company. In order to ensure that this general duty is understood and applied in a manner which is coherent and consistent with the due diligence obligations introduced by this Directive and that directors systematically take into account sustainability matters in their decisions, this Directive should clarify, in a harmonised manner, the general duty of care of directors to act in the best interest of the company, by laying down that directors take into account the sustainability matters as referred to in Directive 2013/34/EU, including, where applicable, human rights, climate change and environmental consequences, including in the short, medium and long term horizons. Such clarification does not require changing existing national corporate structures.deleted
2022/10/28
Committee: ITRE
Amendment 137 #

2022/0051(COD)

Proposal for a directive
Recital 64
(64) Responsibility for due diligence should be assigned to the company’s directors, in line with the international due diligence frameworks. Directors should therefore be responsible for putting in place and overseeing the due diligence actions as laid down in this Directive and for adopting the company’s due diligence policy, taking into account the input of stakeholders and civil society organisations and integrating due diligence into corporate management systems. Directors should also adapt the corporate strategy to actual and potential impacts identified and any due diligence measures taken.deleted
2022/10/28
Committee: ITRE
Amendment 140 #

2022/0051(COD)

Proposal for a directive
Recital 70
(70) The Commission should assess and report whether new sectors should be added to the list of high-impact sectors covered by this Directive, in order to align it to guidance from the Organisation for Economic Cooperation and Development or in light of clear evidence on labour exploitation, human rights violations or newly emerging environmental threats, whether the list of relevant international conventions referred to in this Directive should be amended, in particular in the light of international developments, or whether the provisions on due diligence under this Directive should be extended to adverse climate impacts.deleted
2022/10/28
Committee: ITRE
Amendment 142 #

2022/0051(COD)

Proposal for a directive
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 core business operations, the operations of their subsidiaries, and the valuesupply chain operations carried out by third country entities with whom the company has an established direct business relationship and.
2022/10/28
Committee: ITRE
Amendment 145 #

2022/0051(COD)

Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1 – point b
(b) on liability for violations of the obligations mentioned above.deleted
2022/10/28
Committee: ITRE
Amendment 150 #

2022/0051(COD)

Proposal for a directive
Article 1 – paragraph 1 – subparagraph 2
The nature of business relationships as ‘established’ shall be reassessed periodically, and at least every 12 months.deleted
2022/10/28
Committee: ITRE
Amendment 156 #

2022/0051(COD)

Proposal for a directive
Article 1 – paragraph 3
3. This Directive shall be without prejudice to obligations in the areas of human rights, and protection of the environment and climate change under other Union legislative acts. If the provisions of this Directive conflict with a provision of another Union legislative act pursuing the same objectives and providing for more extensive or more specific obligations, the provisions of the other Union legislative act shall prevail to the extent of the conflict and shall apply to those specific obligations.
2022/10/28
Committee: ITRE
Amendment 162 #

2022/0051(COD)

Proposal for a directive
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;
2022/10/28
Committee: ITRE
Amendment 168 #

2022/0051(COD)

Proposal for a directive
Article 2 – paragraph 1 – point b – introductory part
(b) the company did not reach the thresholds under point (a), but had more than 253000 employees on average and had a net worldwide turnover of more than EUR 450 million in the last financial year for which annual financial statements have been prepared, provided that at least 50% of this net turnover was generated in one or more of the following sectors:
2022/10/28
Committee: ITRE
Amendment 192 #

2022/0051(COD)

Proposal for a directive
Article 2 – paragraph 1 a (new)
1a. This Directive shall also apply to a company that does not meet the criteria set out in paragraph 1, points (a) and (b) if that company is part of a group of companies whose parent company is registered in a third country and which has more than 5000 employees on average or had a net worldwide turnover of more than EUR 150 million in the last financial year for which annual financial statements have been prepared.
2022/10/28
Committee: ITRE
Amendment 195 #

2022/0051(COD)

Proposal for a directive
Article 2 – paragraph 2 – point a
(a) generated a net worldwide turnover of more than EUR 150 million in the Union in the financial year preceding the last financial year of which at least 40 million was generated in the Union;
2022/10/28
Committee: ITRE
Amendment 200 #

2022/0051(COD)

Proposal for a directive
Article 2 – paragraph 2 – point b
(b) generated a net worldwide turnover of more than EUR 450 million but not more than EUR 150 million of which at least 40 million was generated in the Union in the financial year preceding the last financial year, provided that at least 50% of its net worldwide turnover was generated in one or more of the sectors listed in paragraph 1, point (b).
2022/10/28
Committee: ITRE
Amendment 203 #

2022/0051(COD)

Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1 (new)
If the company is a parent company, the criteria of paragraph 1, points (a) and (b), shall be calculated based on the consolidated net turnover of all its controlled subsidiaries.
2022/10/28
Committee: ITRE
Amendment 207 #

2022/0051(COD)

Proposal for a directive
Article 2 – paragraph 4 a (new)
4a. Companies within the scope of this directive that are part of a group, including subsidies and parent companies, may also commit to take on the responsibilities of other group members pursuant to the obligations set out in this directive, under the obligation to deliver at least an equal commitment to due diligence. These other group members will then be relieved from their responsibilities in this regard.
2022/10/28
Committee: ITRE
Amendment 214 #
2022/10/28
Committee: ITRE
Amendment 236 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point b
(b) ‘adverse environmental impact’ means an adverse impact on the environment resulting from the violation of one of the prohibitions and obligations pursuant to the international environmental conventions listed in the Annex, Part II;inciples set out in the OECD Due Diligence Guidance for Responsible Business Conduct and the OECD Guidelines for Multinational Enterprises.
2022/10/28
Committee: ITRE
Amendment 240 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point c
(c) ‘adverse human rights impact’ means an adverse impact on protected persons resulting from the violation of one of the rights or prohibitions listed in the Annex, Part I Section 1, as enshrined in the international conventions listed in the Annex, Part I Section 2principles set out in the OECD Due Diligence Guidance for Responsible Business Conduct, the OECD Guidelines for Multinational Enterprises and the UN Guiding Principles on Business and Human Rights as regards human rights;
2022/10/28
Committee: ITRE
Amendment 241 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point d a (new)
(da) 'group of companies' means a parent company and all its subsidiaries;
2022/10/28
Committee: ITRE
Amendment 242 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point e – introductory part
(e) ‘direct business relationship’ means a relationship with a contractor, subdirect contractual relationship with any other legal entity from a third countractor or any other legal entities (‘partner’)y (‘direct business partner’) for the supply of goods or the provision of services that are necessary for the production of the company’s product or the provision and use of the relevant service
2022/10/28
Committee: ITRE
Amendment 244 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point e – point i
(i) with whom the company has a commercial agreement or to whom the company provides financing, insurance or reinsurance, or, and
2022/10/28
Committee: ITRE
Amendment 245 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point e – point ii
(ii) that performs business operations related to the products or services of the company for or on behalf of the company;deleted
2022/10/28
Committee: ITRE
Amendment 246 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point e – point ii a (new)
(iia) that does not represent a negligible or merely ancillary part of the supply chain
2022/10/28
Committee: ITRE
Amendment 249 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point f
(f) ‘established business relationship’ means a business relationship, whether direct or indirect, which is, or which is expected to be lasting, in view of its intensity or duration and which does not represent a negligible or merely ancillary part of the value chain;deleted
2022/10/28
Committee: ITRE
Amendment 256 #

2022/0051(COD)

Proposal for a directive
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 direct 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;(This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
2022/10/28
Committee: ITRE
Amendment 266 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point h a (new)
(ha) ‘leverage’ means the ability of a company to effect change in the wrongful practices of the entity that causes or contributes to the adverse impact.
2022/10/28
Committee: ITRE
Amendment 272 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point n
(n) ‘stakeholders’ means the company’s employees, the employees of its subsidiaries, employees within its supply chain and other individuals, groups, communities or entities whose rights or interests are or could be affdirectly affected by the potential and actual adverse human rights and environmental impacts connected byto the products, services and operations of that company, its subsidiaries and its direct business relationships;
2022/10/28
Committee: ITRE
Amendment 275 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point o
(o) ‘director’ means: (i) management or supervisory bodies of a company; (ii) administrative, management or supervisory bodies of a company, the chief executive officer and, if such function exists in a company, the deputy chief executive officer; (iii) functions similar to those performed under point (i) or (ii);deleted any member of the administrative, where they are not members of the other persons who perform
2022/10/28
Committee: ITRE
Amendment 277 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point p
(p) ‘board of directors’ means the administrative or supervisory body responsible for supervising the executive management of the company, or, if no such body exists, the person or persons performing equivalent functions;deleted
2022/10/28
Committee: ITRE
Amendment 280 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point q
(q) ‘appropriate measure’ means a measure that is capable of achieving the objectives of risk-based due diligence, commensurate with the degree of severity and the likelihood of the adverse impact, and reasonably available to the company, taking into account the circumstances of the specific case, including characteristics of the economic sector and of the specific business relationship and the company’s influence thereof, and the need to ensure prioritisation of action. as well as the size of the company, its capacity, resources and leverage. Severity means the scale, scope and irremediably character of the adverse impact, taking into account the gravity of the impact on the rights holder, the number of individuals that could be affected and the possibility of occurrence;
2022/10/28
Committee: ITRE
Amendment 282 #

2022/0051(COD)

Proposal for a directive
Article 4 – paragraph 1 – introductory part
1. Member States shall ensure that companies conduct human rights and environmental due diligence on the basis of a risk approach as laid down in Articles 5 to 11 (‘due diligence’) by carrying out the following actions:
2022/10/28
Committee: ITRE
Amendment 283 #

2022/0051(COD)

Proposal for a directive
Article 4 – paragraph 1 – point b
(b) identifying and prioritising actual or potential adverse impacts in accordance with Article 6;
2022/10/28
Committee: ITRE
Amendment 285 #

2022/0051(COD)

Proposal for a directive
Article 4 – paragraph 1 – point c
(c) preventing andor mitigating potential adverse impacts, and, if possible, bringing actual adverse impacts to an end andor minimising their extent in accordance with Articles 7 and 8;
2022/10/28
Committee: ITRE
Amendment 287 #

2022/0051(COD)

Proposal for a directive
Article 4 – paragraph 1 – point d
(d) establishing and maintaining a complaintsnotification procedure in accordance with Article 9;
2022/10/28
Committee: ITRE
Amendment 289 #

2022/0051(COD)

Proposal for a directive
Article 4 – paragraph 2
2. Member States shall ensure that, for the purposes of due diligence, companies are entitled to share resources and information within their respective groups of companies and with other legal entities in compliance with applicable competition law. Companies within the scope of this directive that are part of a group, including subsidies and parent companies, may also commit to take on the responsibilities of other group members pursuant to the obligations set out in this directive, under the obligation to deliver at least an equal commitment to due diligence. These other group members will then be relieved from their responsibilities in this regard.
2022/10/28
Committee: ITRE
Amendment 291 #

2022/0051(COD)

Proposal for a directive
Article 5 – paragraph 1 – introductory part
1. Member States shall ensure that companies integrate due diligence into all their corporate policies where necessary and have in place a risk-based due diligence policy. The risk-based due diligence policy shall contain all of the following:
2022/10/28
Committee: ITRE
Amendment 295 #

2022/0051(COD)

Proposal for a directive
Article 5 – paragraph 1 – point c
(c) a description of the processes put in place to implement due diligence, including the measures taken to verify compliance with the code of conduct and to extend its application to established business relationships.
2022/10/28
Committee: ITRE
Amendment 299 #

2022/0051(COD)

Proposal for a directive
Article 5 – paragraph 2
2. Member States shall ensure that the companies review and update their due diligence policy annuallyregularly, taking a risk- based approach in accordance with the OECD Due Diligence Guidance for Responsible Business Conduct, the OECD Guidelines for Multinational Enterprises and the UN Guiding Principles on Business and Human Rights, but at least every five years.
2022/10/28
Committee: ITRE
Amendment 303 #

2022/0051(COD)

Proposal for a directive
Article 5 – paragraph 2 a (new)
2a. Member States shall ensure that companies carry out a risk-based due diligence policy which is proportionate and commensurate to the likelihood and severity of their potential or actual adverse impacts and their specific circumstances, particularly their sector of activity, the size and length of their supply chain, its size, capacity, resources and leverage.
2022/10/28
Committee: ITRE
Amendment 305 #

2022/0051(COD)

Proposal for a directive
Article 5 – paragraph 2 b (new)
2b. Member States shall not require companies to perform Due Diligence on parts of the supply chain linked to non- risk areas where adverse impacts are unlikely to occur according to the Commission guidelines under Article 13.
2022/10/28
Committee: ITRE
Amendment 308 #
2022/10/28
Committee: ITRE
Amendment 312 #

2022/0051(COD)

Proposal for a directive
Article 6 – paragraph 1
1. Member States shall ensure that companies take appropriate measures within their means to identify actual and potential adverse human rights impacts and adverse environmental impacts arising from their own operations or those of their subsidiaries and, where related to their valuesupply chains, from their establisheddirect business relationships with third country entities, in accordance with paragraph 2, 3 and 4.
2022/10/28
Committee: ITRE
Amendment 322 #

2022/0051(COD)

Proposal for a directive
Article 6 – paragraph 2 a (new)
2a. Member States shall ensure that companies are able to identify actual and potential adverse impacts based on a risk assessment and risk-based monitoring methodology, taking into account the likelihood, severity and urgency of adverse impacts, the nature and context of their operations, including sector and geographic location, the scope of the risks, their scale and how irremediable they might be, and if necessary, use the prioritisation policy in dealing with them.
2022/10/28
Committee: ITRE
Amendment 324 #

2022/0051(COD)

Proposal for a directive
Article 6 – paragraph 2 b (new)
2b. The priorisation laid out under paragraph 2 a (new) shall allow companies to determine which identified potential adverse impacts companies prevent or mitigate as a priority under Article 7 and which actual adverse impacts companies bring to an end or minimise as a priority under Article 8.
2022/10/28
Committee: ITRE
Amendment 325 #

2022/0051(COD)

Proposal for a directive
Article 6 – paragraph 3
3. When companies referred to in Article 3, point (a)(iv), provide credit, loan or other financial services, identification of actual and potential adverse human rights impacts and adverse environmental impacts shall be carried out only before providing that service..deleted
2022/10/28
Committee: ITRE
Amendment 330 #

2022/0051(COD)

Proposal for a directive
Article 6 – paragraph 4
4. Member States shall ensure that, for the purposes of identifying the adverse impacts referred to in paragraph 1 based on, where appropriate, quantitative and qualitative information made available by the Member States, companies are entitled to make use of appropriate resources, including independent reports and information gathered through the complaintsnotification procedure provided for in Article 9. Companies shall, where relevant, also carry out consultations with potentially affected groups including workers and other relevant stakeholders to gather information on actual or potential adverse impacts.
2022/10/28
Committee: ITRE
Amendment 333 #
2022/10/28
Committee: ITRE
Amendment 338 #

2022/0051(COD)

Proposal for a directive
Article 7 – paragraph 1
1. Member States shall ensure that companies take appropriate measureand commensurate measures within their means to prevent, or where prevention is not possible or not immediately possible, adequately mitigate potential adverse human rights impacts and adverse environmental impacts that have been, or should have been, identified pursuant to Article 6, in accordance with paragraphs 2, 3, 4 and 5 of this Article.
2022/10/28
Committee: ITRE
Amendment 341 #

2022/0051(COD)

Proposal for a directive
Article 7 – paragraph 2 – point a
(a) where necessary due to the nature or complexity of the measures required for prevention or mitigation, develop and implement a prevention action plan, with reasonable and clearly defined timelines for action and qualitative and quantitative indicators for measuonitoring improvement. The prevention or mitigation action plan shall be developed in consultation with affected stakeholders; where relevant; companies are encouraged to develop their action plans in cooperation with sectoral initiatives and industry schemes;
2022/10/28
Committee: ITRE
Amendment 345 #

2022/0051(COD)

Proposal for a directive
Article 7 – paragraph 2 – point a a (new)
(aa) set up a prioritisation strategy, taking into account the level of severity, likelihood and urgency of the different potential adverse human rights and adverse environmental impacts, the nature and context of their operations, including geographic, the scope of the risks, their scale and how irremediable they might be, and use the prioritisation policy in dealing with them. When prioritising their response to risks to human rights, companies shall treat the severity of an adverse impact, such as where a delayed response would make the impact irremediable, as the predominant factor.
2022/10/28
Committee: ITRE
Amendment 351 #

2022/0051(COD)

Proposal for a directive
Article 7 – paragraph 2 – point b
(b) seek contractual assurances from a business partner with whom it has a direct business relationship that it will ensure compliance with the company’s code of conduct and, as necessary, a prevention or mitigation action plan, including by seeking corresponding contractual assurances from its partners, to the extent that their activities are part of the company’s value chain (contractual cascading). When such contractual assurances are obtained, paragraph 4 shall apply;
2022/10/28
Committee: ITRE
Amendment 360 #

2022/0051(COD)

Proposal for a directive
Article 7 – paragraph 2 – point d
(d) provide targeted and proportionate support for an SME with which the company has an established direct business relationship, where compliance with the code of conduct or the prevention or mitigation action plan would jeopardise the viability of the SME;
2022/10/28
Committee: ITRE
Amendment 362 #

2022/0051(COD)

Proposal for a directive
Article 7 – paragraph 2 – point e
(e) in compliance with Union law including competition law, collaborate with other entities, sectoral approaches or industry schemes, including, where relevant, to increase the company’s ability to bringprevent or mitigate the adverse impact to an end, in particular where no other action is suitable or effective.
2022/10/28
Committee: ITRE
Amendment 364 #

2022/0051(COD)

Proposal for a directive
Article 7 – paragraph 2 – point e a (new)
(ea) engage with the affected stakeholders in order to provide meaningful opportunities for their views to be considered for the determination of the preventive or mitigating measures.
2022/10/28
Committee: ITRE
Amendment 377 #

2022/0051(COD)

Proposal for a directive
Article 7 – paragraph 5 – subparagraph 1 – introductory part
As regards potential adverse impacts within the meaning of paragraph 1 that could not be prevented or adequately mitigated by the measures in paragraphs 2, 3 and 4, the company shall be requiredmay decide as a last resort to refrain from entering into new or extending existing relations with the partner in connection with or in the valuesupply chain of which the impact has arisen and shallmay, where the law governing their relations so entitles them to, take the following actions if they are in the best interest of the potential victims of the potential adverse human rights and adverse environmental impacts, in line with responsible disengagement, also taking into account proportionality and the consequences of disrupting supply chains:
2022/10/28
Committee: ITRE
Amendment 381 #

2022/0051(COD)

Proposal for a directive
Article 7 – paragraph 5 – subparagraph 1 a (new)
As a derogation from Article 7(5), companies shall not be required to refrain from entering into new or extending existing relations with the direct business partner or temporarily suspend the commercial relations or terminate the direct business relationship where: (a) there is a reasonable expectation that the termination would result in an adverse impact that is more severe than the potential adverse impact that could not be prevented or adequately mitigated, or (b) no available alternative to that direct business relationship, that provides a product or service essential to the company’s production of goods or provision of services, exists.
2022/10/28
Committee: ITRE
Amendment 384 #

2022/0051(COD)

Proposal for a directive
Article 7 – paragraph 6
6. By way of derogation from paragraph 5, point (b), when companies referred to in Article 3, point (a)(iv), provide credit, loan or other financial services, they shall not be required to terminate the credit, loan or other financial service contract when this can be reasonably expected to cause substantial prejudice to the entity to whom that service is being provided.deleted
2022/10/28
Committee: ITRE
Amendment 385 #

2022/0051(COD)

Proposal for a directive
Article 8 – paragraph 1
1. Member States shall ensure that companies take appropriate measuresand commensurate measures within their means to try to bring actual adverse impacts that have been, or should have been, identified pursuant to Article 6 to an end, in accordance with paragraphs 2 to 6 of this Article. Those measures should be reasonable in the context of the involvement of the company in the actual adverse impact and the significance of the adverse impact itself.
2022/10/28
Committee: ITRE
Amendment 389 #

2022/0051(COD)

Proposal for a directive
Article 8 – paragraph 3 – point a
(a) neutralise the adverse impact or minimise its extent, including, where reasonable and applicable, by the payment of damages to the affected persons and of financial compensation to the affected communities. The action shall be proportionate and commensurate to the significance and scale of the adverse impact and to the contribution of the company’s conduct to the adverse impact as well as to its resources and leverage;
2022/10/28
Committee: ITRE
Amendment 390 #

2022/0051(COD)

Proposal for a directive
Article 8 – paragraph 3 – point a a (new)
(aa) set up a prioritisation strategy, taking into account the level of severity, likelihood and urgency of the different actual adverse impacts, the nature and context of their operations, including geographic, the scope of the risks, their scale and how irremediable they might be, and use the prioritisation policy in dealing with them. When prioritising their response to risks to human rights, companies shall treat the severity of an adverse impact, such as where a delayed response would make the impact irremediable, as the predominant factor.
2022/10/28
Committee: ITRE
Amendment 394 #

2022/0051(COD)

Proposal for a directive
Article 8 – paragraph 3 – point b
(b) where necessary due to the fact that the adverse impact cannot be immediately brought to an end, develop and implement a corrective action plan with reasonable and clearly defined timelines for action and qualitative and quantitative indicators for measuonitoring improvement. Where relevant, the corrective action plan shall be developed in consultation with relevant stakeholders;
2022/10/28
Committee: ITRE
Amendment 402 #

2022/0051(COD)

Proposal for a directive
Article 8 – paragraph 3 – point d
(d) make, where necessary and applicable, investments, such as into management or production processes and infrastructures to comply with paragraphs 1, 2 and 3;
2022/10/28
Committee: ITRE
Amendment 405 #

2022/0051(COD)

Proposal for a directive
Article 8 – paragraph 3 – point e
(e) provide targeted and proportionate support for an SME with which the company has an established direct business relationship, where compliance with the code of conduct or the corrective action plan would jeopardise the viability of the SME;
2022/10/28
Committee: ITRE
Amendment 408 #

2022/0051(COD)

Proposal for a directive
Article 8 – paragraph 3 – point f a (new)
(fa) engage, where relevant, with the affected stakeholders in order to provide meaningful opportunities for their views to be considered for the determination of action to be taken.
2022/10/28
Committee: ITRE
Amendment 416 #

2022/0051(COD)

Proposal for a directive
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 shallmay refrain as a last resort 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 shallmay, 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, also taking into account proportionality and the consequences of disrupting supply chains:
2022/10/28
Committee: ITRE
Amendment 420 #

2022/0051(COD)

Proposal for a directive
Article 8 – paragraph 6 – subparagraph 1 a (new)
By way of derogation from Article 8(6), companies shall not be required to refrain from entering into new or extending existing relations with the direct business partner or temporarily suspend the commercial relations or terminate the direct business relationship where: (a) there is a reasonable expectation that the termination would result in an adverse impact that is more severe than the potential adverse impact that could not be prevented or adequately mitigated, or (b) no available alternative to that direct business relationship, that provides a product or service essential to the company’s production of goods or provision of services, exists.
2022/10/28
Committee: ITRE
Amendment 424 #

2022/0051(COD)

Proposal for a directive
Article 8 – paragraph 7
7. By way of derogation from paragraph 6, point (b), when companies referred to in Article 3, point (a)(iv), provide credit, loan or other financial services, they shall not be required to terminate the credit, loan or other financial service contract, when this can be reasonably expected to cause substantial prejudice to the entity to whom that service is being provided.deleted
2022/10/28
Committee: ITRE
Amendment 426 #

2022/0051(COD)

Proposal for a directive
Article 8 – paragraph 7 a (new)
7a. The possibility to refrain from entering into new or extending existing relating relations with the business partner according to paragraph 5 shall not apply to commercial agreements concluded by the company before the expiry of the transposition period in accordance with Article 30.
2022/10/28
Committee: ITRE
Amendment 430 #

2022/0051(COD)

Proposal for a directive
Article 9 – paragraph 1
1. Member States shall ensure that companies provide the possibility for persons and organisations listed in paragraph 2 to submit complaints tonotify them where they have legitimate concernsinformation, which must be reasonable documented and factually justified, 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 business relationships. This can be done in cooperation with industry schemes or multi-stakeholder initiatives.
2022/10/28
Committee: ITRE
Amendment 433 #

2022/0051(COD)

Proposal for a directive
Article 9 – paragraph 1 a (new)
1a. Companies shall be allowed to deal with notifications as a group, for example within a sectoral initiative, an industry programme or multi-stakeholder initiatives.
2022/10/28
Committee: ITRE
Amendment 434 #

2022/0051(COD)

Proposal for a directive
Article 9 – paragraph 2 – introductory part
2. Member States shall ensure that the complaintsnotification may be submitted by:
2022/10/28
Committee: ITRE
Amendment 436 #

2022/0051(COD)

Proposal for a directive
Article 9 – paragraph 2 – point a
(a) persons who are directly affected or have reasonable grounds to believe that they mightwill be affdirectedly by an adverse impact,
2022/10/28
Committee: ITRE
Amendment 437 #

2022/0051(COD)

Proposal for a directive
Article 9 – paragraph 2 – point b
(b) trade unions and other workers’ representatives representing individuals working in the value chain concernedcompany, its subsidiaries or direct business partners,
2022/10/28
Committee: ITRE
Amendment 440 #

2022/0051(COD)

Proposal for a directive
Article 9 – paragraph 2 – point c
(c) civil society organisations active in the areas related to the value chain concerndeleted.
2022/10/28
Committee: ITRE
Amendment 443 #

2022/0051(COD)

Proposal for a directive
Article 9 – paragraph 3
3. Member States shall ensure that the companienotifications establish a procedure for dealing with complaints referred to in paragraph 1, including a procedure when the company considers the complaintinformation to be unfounded, and inform the relevant workers and trade unions of those procedures. Member States shall ensure that where the complaintinformation is well-founded, the adverse impact that is the subject matter of the complaintnotification is deemed to be identified within the meaning of Article 6. This can be done in cooperation with industry schemes or multi-stakeholder initiatives.
2022/10/28
Committee: ITRE
Amendment 444 #

2022/0051(COD)

Proposal for a directive
Article 9 – paragraph 4 – introductory part
4. Member States shall ensure that complainants are entitledinformants are entitled to request appropriate follow-up on the notification from the company with which they have filed a notification pursuant to paragraph 1.
2022/10/28
Committee: ITRE
Amendment 445 #

2022/0051(COD)

Proposal for a directive
Article 9 – paragraph 4 – point a
(a) to request appropriate follow-up on the complaint from the company with which they have filed a complaint pursuant to paragraph 1, andeleted
2022/10/28
Committee: ITRE
Amendment 446 #

2022/0051(COD)

Proposal for a directive
Article 9 – paragraph 4 – point b
(b) to meet with the company’s representatives at an appropriate level to discuss potential or actual severe adverse impacts that are the subject matter of the complaint.deleted
2022/10/28
Committee: ITRE
Amendment 453 #

2022/0051(COD)

Proposal for a directive
Article 10 – paragraph 1
Member States shall ensure that companies carry out periodic assessments of their own operations and measures regularly, those of their subsidiaries and, where related to the valuesupply chains of the company, those of their establisheddirect business relationships, to monitor the effectiveness of the identification, prevention, mitigation, bringing to an end and minimisation of the extent of human rights and environmental adverse impacts. Such risk-based assessments shall be based, where appropriate, on qualitative and quantitative indicators and be carried out at least every 12 monthsregularly and whenever there are reasonable grounds to believe that significant new risks of the occurrence of those adverse impacts may arise. The due diligence policy shall be updated in accordance with the outcome of those assessments.
2022/10/28
Committee: ITRE
Amendment 455 #

2022/0051(COD)

Proposal for a directive
Article 11 – paragraph 1
Member States shall ensure that companies that are not subject to reporting requirements under Articles 19a and 29a of Directive 2013/34/EU report on the matters covered by this Directive by publishing on their website an annual statement in a language customary in the sphere of international business. TWhen changes occur, the statement shall be published by 30 April each year, covering the previous calendar yearupdated.
2022/10/28
Committee: ITRE
Amendment 456 #

2022/0051(COD)

Proposal for a directive
Article 11 – paragraph 2
The Commission shall adopt delegated acts in accordance with Article 28 concerning the content and criteria for such reporting under paragraph 1, specifying information on the description of due diligence, potential and actual adverse impacts and actions taken on those. The Commission shall ensure that reporting is possible via a simplified reporting form.
2022/10/28
Committee: ITRE
Amendment 457 #

2022/0051(COD)

Proposal for a directive
Article 11 – paragraph 2 a (new)
The companies referred to in paragraph 1 may rely on the consolidated reporting of the group to which they belong in order to fulfil their reporting requirements under this Article.
2022/10/28
Committee: ITRE
Amendment 458 #

2022/0051(COD)

Proposal for a directive
Article 11 – paragraph 2 b (new)
Member States shall ensure that a company or other legal entity shall not be obliged to disclose information that is deemed to be a trade secret as defined in Article 2(1) of Directive (EU) 2016/943 of the European Parliament and of the Council. while fulfilling the duties of this Directive.
2022/10/28
Committee: ITRE
Amendment 460 #

2022/0051(COD)

Proposal for a directive
Article 12 – paragraph 1
In order to provide support to companies to facilitate their compliance with Article 7(2), point (b), and Article 8(3), point (c), the Commission shall adopt guidance aboutand publish voluntary model contract clauses no later than 18 months after entry into force of this Directive.
2022/10/28
Committee: ITRE
Amendment 461 #

2022/0051(COD)

Proposal for a directive
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 Environment Agency, the European Agency for Small and Medium enterprises, and where appropriate with international bodies having expertise in due diligence, mayshall issue guidelines, including for specific sectors or specific adverse impactsclear and easily understandable guidelines, in digital, free of charge and easily accessible format, taking into account the need of SMEs, including 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; (e) 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.
2022/10/28
Committee: ITRE
Amendment 464 #

2022/0051(COD)

Proposal for a directive
Article 13 – paragraph 1 a (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.
2022/10/28
Committee: ITRE
Amendment 465 #

2022/0051(COD)

Proposal for a directive
Article 13 – paragraph 1 b (new)
The guidelines shall be made available no later than 18 months after the date of entry into force of this Directive. The Commission shall regularly review the relevance of its guidelines and adapt them to new best practices.
2022/10/28
Committee: ITRE
Amendment 467 #

2022/0051(COD)

Proposal for a directive
Article 14 – paragraph 1
1. Member States shall, in order to provide information and support to companies and the partners with whom they have establisheddirect business relationships in their valuesupply chains in their efforts to fulfil the obligations resulting from this Directive, set up and operate individually or jointly dedicated helpdesks, websites, platforms or portals. Specific consideration shall be given, in that respect, to the SMEs that are present in the valuesupply chains of companies.
2022/10/28
Committee: ITRE
Amendment 474 #

2022/0051(COD)

Proposal for a directive
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.
2022/10/28
Committee: ITRE
Amendment 475 #

2022/0051(COD)

Proposal for a directive
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, may shall issue guidance for assessing the fitness of industry schemes and multi-stakeholder initiatives.
2022/10/28
Committee: ITRE
Amendment 476 #

2022/0051(COD)

Proposal for a directive
Article 14 a (new)
Article 14a 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.
2022/10/28
Committee: ITRE
Amendment 478 #

2022/0051(COD)

Proposal for a directive
Article 15
1. companies referred to in Article 2(1), point (a), and Article 2(2), point (a), shall adopt a plan to ensure that the business model and strategy of the company are compatible with the transition to a sustainable economy and with the limiting of global warming to 1.5 °C in line with the Paris Agreement. This plan shall, in particular, identify, on the basis of information reasonably available to the company, the extent to which climate change is a risk for, or an impact of, the company’s operations. 2. in case climate change is or should have been identified as a principal risk for, or a principal impact of, the company’s operations, the company includes emission reduction objectives in its plan. 3. companies duly take into account the fulfilment of the obligations referArticle 15 deleted Combating climate change Member States shall ensure that Member States shall ensured to in paragraphs 1 and 2 when setting variable remuneration, if variable remuneration is linked to the contribution of a director to the company’s business strategy and long- term interests and sustainability.hat, Member States shall ensure that
2022/10/28
Committee: ITRE
Amendment 492 #

2022/0051(COD)

Proposal for a directive
Article 17 – paragraph 1
1. Each Member State shall designate one or more supervisory authorities to supervise compliance with the obligations laid down in national provisions adopted pursuant to Articles 6 to 11 and Article 15(1) and (2) (‘supervisory authority’).
2022/10/28
Committee: ITRE
Amendment 493 #

2022/0051(COD)

Proposal for a directive
Article 17 – paragraph 5
5. Member States may designate the authorities for the supervision of regulated financial undertakings also as supervisory authorities for the purposes of this Directive.deleted
2022/10/28
Committee: ITRE
Amendment 494 #

2022/0051(COD)

Proposal for a directive
Article 18 – paragraph 3
3. Inspections shall be conducted in compliance with the national law of the Member State in which the inspection is carried out and with prior warning to the company, except where prior notification hinders the effectiveness of the inspection. Where, as part of its investigation, a supervisory authority wishes to carry out an inspection on the territory of a Member State other than its own, it shall seek assistance from the supervisory authority in that Member State pursuant to Article 21(2).
2022/10/28
Committee: ITRE
Amendment 495 #

2022/0051(COD)

Proposal for a directive
Article 18 – paragraph 4 – subparagraph 2
Taking remedial action does not preclude the imposition of administrative sanctions or the triggering of civil liability in case of damages, in ain Accordance with Articles 20 and 22, respectively.
2022/10/28
Committee: ITRE
Amendment 497 #

2022/0051(COD)

Proposal for a directive
Article 18 – paragraph 5 – point c a (new)
(ca) to decide on an exemption for companies in line with Article. 7(5a) and Article 8(6), subparagraph (1a).
2022/10/28
Committee: ITRE
Amendment 498 #

2022/0051(COD)

Proposal for a directive
Article 18 – paragraph 7
7. Without prejudice to Member State rules on companies’ right to court appeal and other relevant safeguards Member States shall ensure that each natural or legal person has the right to an effective judicial remedy against a legally binding decision by a supervisory authority concerning them in accordance with national law.
2022/10/28
Committee: ITRE
Amendment 500 #

2022/0051(COD)

Proposal for a directive
Article 19 – paragraph 1
1. Member States shall ensure that natural and legal personsstakeholders as referred to in Article 9(2) are entitled to submit substantiated concerns to any supervisory authority when they have reasons to believe, on the basis of objective circumstances, that a company is failing to comply with the national provisions adopted pursuant to this Directive (‘substantiated concerns’) if the notification procedure referred to in Article 9 did not have a satisfactory outcome.
2022/10/28
Committee: ITRE
Amendment 502 #

2022/0051(COD)

Proposal for a directive
Article 20 – paragraph 1
1. Member States shall lay down the rules on sanctions applicable to infringements of national provisions adopted pursuant to this Directive, shall align the sanctions, and shall take all measures necessary to ensure that they are implemented. The sanctions provided for shall be effective, proportionate and dissuasive.
2022/10/28
Committee: ITRE
Amendment 504 #

2022/0051(COD)

Proposal for a directive
Article 20 – paragraph 2
2. In deciding whether to impose sanctions and, if so, in determining their nature and appropriate level, due account shall be taken of the legal framework applicable in the country where the adverse impact occurred, the company’s efforts to comply with any remedial action required of them by a supervisory authority, any investments made and any targeted support provided pursuant to Articles 7 and 8, cumulative effects of the different measures and sanctions already imposed on the company as well as the collaboration with other entities to address adverse impacts in its valuesupply chains, as the case may be.
2022/10/28
Committee: ITRE
Amendment 508 #

2022/0051(COD)

Proposal for a directive
Article 20 – paragraph 3
3. When pecuniary sanctions are imposed, they shall be based on the company’s turnover.deleted
2022/10/28
Committee: ITRE
Amendment 511 #

2022/0051(COD)

Proposal for a directive
Article 20 – paragraph 4
4. Member States shall ensure that any decision of the supervisory authorities containing sanctions related to the breach of the provisions of this directive is published.deleted
2022/10/28
Committee: ITRE
Amendment 513 #

2022/0051(COD)

Proposal for a directive
Article 21 – paragraph 2 a (new)
2a. Supervisory authorities shall share relevant information with the single point of contact as a means of ensuring that the single point of contact has the necessary information to perform its tasks.
2022/10/28
Committee: ITRE
Amendment 515 #

2022/0051(COD)

Proposal for a directive
Article 22
1. Member States shall ensure that companies are liable for damages if: (a) obligations laid down in Articles 7 and 8 and; (b) adverse impact that should have been identified, prevented, mitigated, brought to an end or its extent minimised through the appropriate measures laid down in Articles 7 and 8 occurred and led to damage. 2. Member States shall ensure that where a company has taken the actions referred to in Article 7(2), point (b) and Article 7(4), or Article 8(3), point (c), and Article 8(5), it shall not be liable for damages caused by an adverse impact arising as a result of the activities of an indirect partner with whom it has an established business relationship, unless it was unreasonable, in the circumstances ofArticle 22 deleted Civil liability they failed to comply with the case, to expect that the action actually taken, including as regards verifying compliance, would be adequate to prevent, mitigate, bring to an end or minimise the extent of the adverse impact. In the assessment of the existence and extent of liability under this paragraph, due account shall be taken of the company’s efforts, insofar as they relate directly to the damage in question, to comply with any remedial action required of them by a supervisory authority, any investments made and any targeted support provided pursuant to Articles 7 and 8, as well as any collaboration with other entities to address adverse impacts in its value chains. 3. damages arising under this provision shall be without prejudice to the civil liability of its subsidiaries or of any direct and indirect business partners in the value chain. 4. Directive shall be without prejudice to Union or national rules on civil liability related to adverse human rights impacts or to adverse environmental impacts that provide for liability in situations not covered by or providing for stricter liability than this Directive. 5. the liability provided for in provisions of national law transposing this Article is of overriding mandatory application in cases where the law applicable to claims to that effect is not the law of a Member State. a result of this failure an Notwithstanding paragraph 1, The civil liability of a company for The civil liability rules under this Member States shall ensure that
2022/10/28
Committee: ITRE
Amendment 542 #

2022/0051(COD)

Proposal for a directive
Article 25
1. when fulfilling their duty to act in the best interest of the company, directors of companies referred to in Article 2(1) take into account the consequences of their decisions for sustainability matters, including, where applicable, human rights, climate change and environmental consequences, including in the short, medium and long term. 2. their laws, regulations and administrative provisions providing for a breach of directors’ duties apply also to the provisions of this Article.Article 25 deleted Directors’ duty of care Member States shall ensure that, Member States shall ensure that
2022/10/28
Committee: ITRE
Amendment 550 #

2022/0051(COD)

Proposal for a directive
Article 26
Setting up and overseeing due diligence 1. directors of companies referred to in Article 2(1) are responsible for putting in place and overseeing the due diligence actions referred to in Article 4 and in particular the due diligence policy referred to in Article 5, with due consideration for relevant input from stakeholders and civil society organisations. The directors shall report to the board of directors in that respect. 2. directors take sArticle 26 deleted Member States shall ensure that Member Stateps to adapt the corporate strategy to take into account the actual and potential adverse impacts identified pursuant to Article 6 and any measures taken pursuant to Articles 7 to 9.shall ensure that
2022/10/28
Committee: ITRE
Amendment 556 #

2022/0051(COD)

Proposal for a directive
Article 29 – paragraph 1 – introductory part
No later than … [OP please insert the date = 78 years after the date of entry into force of this Directive], the Commission shall submit a comprehensive report to the European Parliament and to the Council on the implementation and effectiveness of this Directive. The report shall evaluate the effectiveness and feasibility of this Directive in reaching its objectives and also assess the following issues:
2022/10/28
Committee: ITRE
Amendment 557 #

2022/0051(COD)

Proposal for a directive
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 lowermodified;
2022/10/28
Committee: ITRE
Amendment 559 #

2022/0051(COD)

Proposal for a directive
Article 29 – paragraph 1 – point b
(b) whether the list of sectors in Article 2(1), point (b), needs to be changed, including in order to align it to guidance from the Organisation for Economic Cooperation and Development;
2022/10/28
Committee: ITRE
Amendment 560 #

2022/0051(COD)

Proposal for a directive
Article 29 – paragraph 1 – point b a (new)
(ba) whether the impact of the Directive was justified and reached the targeted goals, including the associated indirect costs and the economic, social and environmental benefits thereof, and the costs on SMEs.
2022/10/28
Committee: ITRE
Amendment 561 #

2022/0051(COD)

Proposal for a directive
Article 29 – paragraph 1 – point c
(c) whether the Annex needs to be modified, including in light of international developmentsdeleted
2022/10/28
Committee: ITRE
Amendment 562 #

2022/0051(COD)

Proposal for a directive
Article 29 – paragraph 1 – point d
(d) whether Articles 4 to 14 should be extended to adverse climate impacts.deleted
2022/10/28
Committee: ITRE
Amendment 564 #

2022/0051(COD)

Proposal for a directive
Article 30 – paragraph 1 – subparagraph 1
Member States shall adopt and publish, by … [OJ to insert: 25 years from the entry into force of this Directive] at the latest, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
2022/10/28
Committee: ITRE
Amendment 566 #

2022/0051(COD)

Proposal for a directive
Article 30 – paragraph 1 – subparagraph 2 – point a
(a) from… [OJ to insert: 25 years from the entry into force of this Directive] as regards companies referred to in Article 2(1), point (a), and Article 2(2), point (a);
2022/10/28
Committee: ITRE
Amendment 568 #

2022/0051(COD)

Proposal for a directive
Article 30 – paragraph 1 – subparagraph 2 – point b
(b) from … [OJ to insert: 47 years from the entry into force of this Directive] as regards companies referred to in Article 2(1), point (b), and Article 2(2), point (b).
2022/10/28
Committee: ITRE
Amendment 129 #

2022/0032(COD)

Proposal for a regulation
Recital 2
(2) A framework for increasing the Union’s resilience in the field of semiconductor technologies should be established, stimulating investment, strengthening the capabilities of the Union’s semiconductor supply chain, and increasing cooperation among the Member States and the Commission, as well as diversifying the semiconductor supply chains at the global level through international cooperation on innovation and trade.
2022/10/19
Committee: ITRE
Amendment 143 #

2022/0032(COD)

Proposal for a regulation
Recital 4
(4) It is necessary to take measures to build capacity and strengthen the Union’s semiconductor sector in line with Article 173(3) of the Treaty. These measures do not entail the harmonisation of national laws and regulations. In this regard, the Union should reinforce the competitiveness and resilience of the semiconductor technological and industrial base, whilst strengthening the innovation capacity of its semiconductor sector, reducing dependence on a limited number of third country companies and geographies, while deepening coordination and cooperation in key areas among international partners, and strengthening its capacity to design and produce advanced components. The Chips for Europe Initiative (the ‘Initiative’) should support these aims by bridging the gap between Europe’s advanced research and innovation capabilities and their sustainable industrial exploitation. It should promote capacity building to enable design, production and systems integration in next generation semiconductor technologies, enhance collaboration among key players across the Union, strengthening Europe's semiconductor supply and value chains, serving key industrial sectors and creating new markets.
2022/10/19
Committee: ITRE
Amendment 150 #

2022/0032(COD)

Proposal for a regulation
Recital 5
(5) The use of semiconductors is critical for multiple economic sectors and societal functions in the Union and therefore, a resilient supply is essential for the functioning of the internal market. Given the wide circulation of semiconductor products across borders world wide, the resilience and security of supply of semiconductors can be best addressed through international cooperation, trade, support to innovation and creating attractive environment for European companies and industry. Union harmonising legislation based on Article 114 of the Treaty is an additional possibility. With a view to enabling coordinated measures for building resilience, harmonised rules for facilitating the implementation of specific projects that contribute to the security of supply of semiconductors in the Union are necessary. The proposed monitoring and crisis response mechanism should be uniform to enable a coordinated approach to crisis preparedness for the cross-border semiconductor value chain.
2022/10/19
Committee: ITRE
Amendment 158 #

2022/0032(COD)

Proposal for a regulation
Recital 7
(7) Given the globalised nature of the semiconductor supply chain, international cooperation with third countries is an important element toin achieve aing resilience of the Union’s semiconductor ecosystem. The actions taken under this Regulation should also enable the Union to play a stronger role, as a centre of excellence, in a better functioning global, interdependent semiconductors ecosystem. The Commission, assisted by the European Semiconductor Board, should cooperate and build partnerships with third countries with a view to seeking solutions to address, to the extent possible, disruptions of the semiconductor supply chain. Therefore, at the invitation of the European Semiconductor Board, international partners and third parties should be able to attend meetings, provide consultation, and exchange information within the structures of the European Semiconductor Board.
2022/10/19
Committee: ITRE
Amendment 160 #

2022/0032(COD)

Proposal for a regulation
Recital 7
(7) Given the globalised nature of the semiconductor supply chain, international cooperation with third countries is an important element to achieve a resilience of the Union’s semiconductor ecosystem. The actions taken under this Regulation should also enable the Union to play a stronger role, as a centre of excellence, in a better functioning global, interdependent semiconductors ecosystem. The Commission, assisted by the European Semiconductor Board, should cooperate and build partnerships with third countries with a view to seeking solutions to address, to the extent possible, disrupwork together towards both immediate and long-term supply solutions for the semiconductor market; cooperate and build partnerships with third countries with a view to seeking solutions to address disruptions of the semiconductor supply chain and work together towards both immediate and long-term supply solutions ofor the semiconductor supply chain.market and industry affected by supply shortages;
2022/10/19
Committee: ITRE
Amendment 166 #

2022/0032(COD)

Proposal for a regulation
Recital 9
(9) Member States are primarily responsible for sustaining a strong Union industrial, competitive, sustainable and innovative base. However, the nature and scale of the innovation challenge in the semiconductor sector requires action to be taken collaboratively at Union level without distorting the internal market for technology, preventing innovation or research on future chip technology.
2022/10/19
Committee: ITRE
Amendment 184 #

2022/0032(COD)

Proposal for a regulation
Recital 12 d (new)
(12 d) Given the importance of collaboration with third parties in the area of R&D&I, the European Semiconductor Board and the Commission should establish clear and readily available guidelines on access modes, software and hardware for their participation in projects within the scope of this Regulation. Within the structures of the European Semiconductor Board, the EU-US Trade and Technology Council and other Union agreements and strategies with third countries, guidance should be provided to overcome existing obstacles to international cooperation in the field of R&D&I.
2022/10/19
Committee: ITRE
Amendment 236 #

2022/0032(COD)

Proposal for a regulation
Recital 29
(29) In light of the global structural deficiencchallenges and strategic vulnerabilities ofin the semiconductor supply chain and the resulting risk of future shortages, this Regulation provides instruments for a coordinated approach to monitoring and effectively tackling possible market disruptions.
2022/10/19
Committee: ITRE
Amendment 245 #

2022/0032(COD)

Proposal for a regulation
Recital 31 a (new)
(31 a) The European Semiconductor Board and the Commission should seek to invite international partners to cooperate in this process, and discuss findings and identify shared strategies in forums such as the EU-US Trade and Technology Council, and in bilateral and multilateral meetings with like-minded Indo-pacific nations. Where relevant, representatives of third countries should be invited to address and cooperate with the European Semiconductor Board or sub-groups.
2022/10/19
Committee: ITRE
Amendment 252 #

2022/0032(COD)

Proposal for a regulation
Recital 34
(34) Member States should alert the Commission if relevant factors indicate a potential semiconductor crisis. In order to ensure a coordinated response to address such crises, the Commission should upon the alert by a Member State or through other sources, including information from international partners, convene an extraordinary meeting of the European Semiconductor Board for assessing the need to activate the crisis stage and for discussing whether it may be appropriate, necessary and proportionate for Member States to carry out coordinated joint procurement. The Commission should engage in consultations and cooperation with relevant third countries with a view to addressing any disruptions in the international supply chain, in compliance with international obligations and without prejudice to procedural requirements under the Treaty on international agreements. With globalised supply and value chains European resilience is not possible without well-functioning multilateral and bilateral agreements with third countries. The European openness to trade, cooperation and investment leads to economic growth and resilience for the Union.
2022/10/19
Committee: ITRE
Amendment 289 #

2022/0032(COD)

Proposal for a regulation
Recital 45
(45) Appropriate, effective and proportionate measures should be identified and implemented when the crisis stage is activated without prejudice to possible continued international engagement with relevant partners with the view to mitigating the evolving crisis situation. Where appropriate, the Commission shouldmay have the authority to request information from undertakings along the semiconductor supply chain. Furthermore, the Commission should be able to, where necessary and proportionate, oblige Integrated Production Facilities and Open EU Foundries to accept and prioritise an order of the production of crisis-relevant products, and to act as a central purchasing body when mandated by Member States. The Commission couldmust limit the measures to certain critical sectors. In addition, the European Semiconductor Board may advise on the necessity of introducing an export control regime pursuant to Regulation (EU) 2015/479 of the European Parliament and of the Council60 should engage in consultations and cooperation with business representatives and relevant third countries with a view to addressing any disruptions in the international supply chain. The European Semiconductor Board may also assess and advise on further appropriate and effective measures. The use of all these emergency measures shouldmust be proportionate and, restricted and be carried out in the manner which is the least disruptive to international cooperation and trade. The restrictions must restricted to what is absolutely necessary to address the significant disturbances at stake insofar as this is in the best interest of the Union. The Commission should regularly inform the European Parliament and the Council of the measures taken and the underlying reasons. The Commission may, after consulting with the Board, issue further guidance on the implementation and use of the emergency measures. _________________ 60 Regulation (EU) 2015/479 of the European Parliament and of the Council of 11 March 2015 on common rules for exports (OJ L 83, 27.3.2015, p. 34)Requests to access information, which may be company secrets, must be used responsibly, not putting inappropriate administrative burden on companies and minimizing risks for affected companies.
2022/10/19
Committee: ITRE
Amendment 299 #

2022/0032(COD)

Proposal for a regulation
Recital 47
(47) The purpose of requests for information from undertakings along the semiconductor supply chain established in the Union in the crisis stage is an in-depth assessment of the semiconductor crisis in order to identify potential mitigation or emergency measures at Union or national level. Such information may include production capability, production capacity and current primary disruptions and bottlenecks. These aspects could include the typical and current actual stock of crisis-relevant products in its production facilities located in the Union and third country facilities which it operates or contracts or purchases supply from; the typical and current actual average lead time for the most common products produced; the expected production output for the following three months for each Union production facility; reasons that prevent the filling of production capacity; or other existing data necessary to assess the nature of the semiconductor crisis or potential mitigation or emergency measures at national or Union level. Any request should be proportionate, have regard for the legitimate aims of the undertaking and the cost and effort required to make the data available, as well as set out appropriate time limits for providing the requested information. Undertakings should be obliged to comply with the request and may be subject to penalties i. If they fail to comply or provide incorrect information without any reasonable explanation given, may be subject to penalties. Any information acquired should be subject to confidentiality rules. Should an undertaking be subject to a request for information related to its semiconductor activities from a third country, it should inform the Commission so to enable an assessment whether an information request by the Commission is warranted.
2022/10/19
Committee: ITRE
Amendment 301 #

2022/0032(COD)

(48) In order to ensure that critical sectors can continue to operate in a time of crisis and when necessary and proportionate for this purpose, Integrated Production Facilities and Open EU Foundries cshould be oabliged by the Commissione, on a voluntary basis, to accept and prioritise orders of crisis-relevant products. This obligation may also be extended to semiconductor manufacturing facilities which have accepted such possibility in the context of receiving public support. The decision on a priority rated order should be taken in accordance with all applicable Union legal obligations, having regard to the circumstances of the case. The priority rating obligation should take precedence over any performance obligation under private or public law while it should have regard for the legitimate aims of the undertakings and the cost and effort required for any change in production sequence decision on a priority rated order should be taken in accordance with all applicable Union legal obligations, having regard to the circumstances of the case. Undertakings may be subject to penalties if they fail to comply with the obligation for priority rated orders.
2022/10/19
Committee: ITRE
Amendment 307 #

2022/0032(COD)

Proposal for a regulation
Recital 49
(49) The undertaking concerned should on a voluntary basis be oabliged toe accept and prioritise a priority rated order. In exceptional and duly justified cases, the undertaking could request the Commission to review the imposed obligation. This applies either where the facility is unable to fulfil the order even if prioritised, be it due to insufficient production capability or production capacity, or because this would place an unreasonable economic burden and entail particular hardship on the facility.
2022/10/19
Committee: ITRE
Amendment 318 #

2022/0032(COD)

Proposal for a regulation
Recital 54
(54) During a semiconductor shortage crisis, it might become necessary that the Union considers protective measurthe Union may only consider protective measures if all other measures have been investigated. Measures damaging international cooperation, trade agreements and relations with third countries must be avoided at all costs, as they will damage the Union's relations with third countries and can have unpredictable consequences. The European Semiconductor Board may express its views to inform the Commission’s assessment of whether the market situation amounts to a significant shortage of essential products pursuant to Regulation (EU) 2015/479.
2022/10/19
Committee: ITRE
Amendment 322 #

2022/0032(COD)

Proposal for a regulation
Recital 56
(56) A representative of the Commission should chair the European Semiconductor Board. Each Member State’s national single point of contact should appoint at least one high-level representative to the European Semiconductor Board. They Board should include representatives from the semiconductor industry, such as the Industrial Alliance on Processors and Semiconductor Technologies, who should not possess voting rights. Member States could also appoint different representatives in relation to different tasks of the European Semiconductor Board, for example, depending on which Chapter of this Regulation is discussed in the meetings of the European Semiconductor Board. The Commission may establish sub-groups and should be entitled to establish working arrangements by inviting experts to take part in the meetings on an ad hoc basis or by inviting organisations representing the interests of the Union semiconductors industry, such as the Industrial Alliance on Processors and Semiconductor Technologies, in its sub-groups as observer, industry stakeholders, or representatives from third countries to take part in the meetings on an ad hoc basis.
2022/10/19
Committee: ITRE
Amendment 411 #

2022/0032(COD)

Proposal for a regulation
Article 4 – paragraph 2 – point b – point 2
(2) supporting large scale innovation through access to new or existing pilot lines for experimentation, test, and validation of new design concepts integrating key functionalities, such as novel materials and architectures for power electronics fostering sustainable energy and electro mobility, lower energy consumption, security, higher levels of computing performance or integrating breakthrough technologies such as neuromorphic and embedded artificial intelligence (AI) chips, integrated photonics, graphene and other 2D material based technologies; promoting international cooperation between different chips production technologies with third countries and the Union; encourage and maintain competitiveness by learning from different sectors of the chips industry;
2022/10/19
Committee: ITRE
Amendment 425 #

2022/0032(COD)

Proposal for a regulation
Article 4 – paragraph 2 – point d – point 2
(2) address the skills shortage, attracting and mobilising new talent and supporting the emergence of a suitably skilled workforce for strengthening the semiconductor sector, including via reskilling and upskilling of workers, and increasing programmes for attracting third-country talent through initiatives such as the 'EU Talent Pool' and the European Skills Agenda. The Union shall also seek to streamline market tests in the semiconductor ecosystem to better facilitate attracting and developing skills of the future to realise the objectives of this Regulation; with an emphasis on support for academic, reskilling programmes and qualification, up to PhD level in the area of STEM (Science, Technology, Engineering, and Mathematics), and computer science.
2022/10/19
Committee: ITRE
Amendment 435 #

2022/0032(COD)

Proposal for a regulation
Article 4 – paragraph 2 – point e – point 3
(3) accelerating and improving accessibility to investment in the field of semiconductor manufacturing technologies and chip design and to leveraging funding from both the public and the private sectors, while increasing the security of supply for the whole semiconductor value chain.
2022/10/19
Committee: ITRE
Amendment 469 #

2022/0032(COD)

Proposal for a regulation
Article 8 – paragraph 2 – point d
(d) facilitating the transfer of experience, expertise and knowhow between Member States and regions, regions and international partners, encouraging exchanges of skills, knowledge and good practices and encouraging joint programmes;. Clear guidelines shall be established by the Commission in consultation with the European Semiconductor Board and industry representatives regarding the protection of valuable intellectual property, and the prevention of unauthorised access to confidential and sensitive business, economic and security related information, and trade secrets.
2022/10/19
Committee: ITRE
Amendment 571 #

2022/0032(COD)

Proposal for a regulation
Article 13 – paragraph 2
2. In order to reach security of supply in the Union, Member States may, without prejudice to Articles 107 and 108 of the Treaty, apply support schemes and provide for administrative support to Integrated Production Facilities and Open EU Foundries in accordance with Article 14. Member States must also ensure that any support is necessary, appropriate and proportionate to avoid undue competition distortions.
2022/10/19
Committee: ITRE
Amendment 617 #

2022/0032(COD)

Proposal for a regulation
Article 15 – paragraph 3 a (new)
3 a. The Commission shall produce an annual report in cooperation with the European Semiconductor Board in order to assess the regularity of information requests, the type and volume of information being requested, in particular from SMEs. It shall identify if necessary, the need to further streamline processes and provide further support in navigating information requests in the context of this Regulation.
2022/10/19
Committee: ITRE
Amendment 622 #

2022/0032(COD)

Proposal for a regulation
Article 15 – paragraph 5 – point b
(b) enter into consultations or cooperation, on behalf of the Union, with relevant third countries with a view to seeking cooperative solutions to address supply chain disruptions, in compliance with international obligations. This may involve, where appropriate, coordination in relevant international fora. Representatives of third countries may also be invited to address and cooperate with the European Semiconductor Board or a sub-group.
2022/10/19
Committee: ITRE
Amendment 687 #

2022/0032(COD)

Proposal for a regulation
Article 20 – paragraph 1
1. The Commission shallmay, after consulting the European Semiconductor Board, and if all other measures has been investigated, request representative organisations of undertakings or, if necessary, individual undertakings operating along the semiconductor supply chain to inform the Commission about their production capabilities, production capacities, current primary disruptions and provide other existing data necessarytransmit on a voluntary basis, within a set time limit, specific information to the Commission about their production capabilities, while fully respecting trade and business secrets, to assess the nature of the semiconductor crisis or to identify and assess potential mitigation or emergency measures at national or Union level.
2022/10/19
Committee: ITRE
Amendment 696 #

2022/0032(COD)

Proposal for a regulation
Article 20 – paragraph 5
5. Should an undertaking established in the Union be subject to a request for information related to its semiconductor activities from a third country, it shall inform the Commission in such a manner that is least disruptive to trade and promote international cooperation, as to enable the Commission to request similar information. The Commission shall inform the European Semiconductor Board of the existence of such request from a third country.
2022/10/19
Committee: ITRE
Amendment 704 #

2022/0032(COD)

Proposal for a regulation
Article 21 – paragraph 1
1. Where necessary and proportionate to ensure the operation of all or certain critical sectors, the Commission may obligerequest Integrated Production Facilities and Open EU Foundries to accept and prioritise an order of crisis-relevant products (‘priority rated order’). The obligation shall take precedence over any performance obligation under private or public law.
2022/10/19
Committee: ITRE
Amendment 706 #

2022/0032(COD)

Proposal for a regulation
Article 21 – paragraph 2
2. The obligationrequest under paragraph 1 can also be imposed to other semiconductor undertakings which have accepted such possibility in the context of receiving public support.
2022/10/19
Committee: ITRE
Amendment 710 #

2022/0032(COD)

Proposal for a regulation
Article 21 – paragraph 3
3. When a semiconductor undertaking established in the Union is subject to a third country priority rated order measure, it shall inform the Commission. Should that obligationrequest significantly impact the operation of certain critical sectors, the Commission may obligadvise that undertaking to accept and prioritise orders of crisis relevant products in line with paragraph 4, 5 and 6.
2022/10/19
Committee: ITRE
Amendment 726 #

2022/0032(COD)

Proposal for a regulation
Article 22 – paragraph 1
1. The Commission may, upon the request of two or more Member Statesa qualified majority of the Council, establish a mandate to act as a central purchasing body on behalf of the participating Member States (‘participating Member States’) for their public procurement of crisis-relevant products for certain critical sectors (‘common purchasing’).
2022/10/19
Committee: ITRE
Amendment 784 #

2022/0032(COD)

Proposal for a regulation
Article 27 a (new)
Article 27 a Data and information exchange with third countries 1. The Commission and Member States may exchange, where necessary and proportionate, information with competent authorities of third countries with which they have agreed on bilateral or multilateral arrangements to provide an adequate level of confidentiality. 2. For the purpose of this Regulation, any data transferred to a third country must be tailored as narrowly as possible in order to minimise the amount of data transferred to fulfil the necessary activity. 3. Such information shall be transferred from a single contact point in the Commission, and transferred to a single designated contact point in the third country. The designated provider of the data shall keep a detailed log of all data transmitted to a third country for the purpose of the activities pursued. 4. The third country shall provide guarantees that the data provided is used strictly and exclusively for the purposes of the tasks being fulfilled under this Regulation, and that no further onwards transfers have been made. 5. To prevent unauthorised access to, or disclosure or loss of the data or any unauthorised form of processing, the provided data shall be held in a secure physical environment, stored separately from any other data, and maintained with high level systems and physical intrusion controls. That data shall not be interconnected with any other database. The data shall be limited to those persons involved in the undertaking of these tasks, the names of which shall be provided to the Commission. No copies of provided data shall be made, other than for disaster recovery and backup purposes. 6. Once the data is no longer required, it shall be deleted. This shall be reviewed by the relevant authority in the third country on an annual basis. 7. If it transpires that data has not been treated in accordance with the relevant rules or transferred onwards, then no further data shall be transferred under this Regulation.
2022/10/19
Committee: ITRE
Amendment 88 #

2021/2255(INI)

Motion for a resolution
Recital E a (new)
Ea. E (new) whereas investing in more sustainable construction, sustainable housing and ensuring energy security is an effective way of combating energy poverty and achieving the Union’s climate goals;
2022/05/02
Committee: ITRECULT
Amendment 134 #

2021/2255(INI)

Motion for a resolution
Paragraph 2
2. Welcomes the New European Bauhaus (NEB) initiative and emphasises that it must primarily focus on improving the quality of people’s lives by transformand contributing to best practice in respect of sustainable construction by improving the spaces, buildings, cities and territories in which they live;
2022/05/02
Committee: ITRECULT
Amendment 163 #

2021/2255(INI)

Motion for a resolution
Paragraph 4 a (new)
4a. Emphasises that renovation and the establishment of buildings, areas or residential environments must take place in a cost-effective manner;
2022/05/02
Committee: ITRECULT
Amendment 303 #

2021/2255(INI)

Motion for a resolution
Paragraph 11 a (new)
11a. Notes, however, that the funds available will not be unlimited; stresses, therefore, the need for prioritisation and redistribution between existing budgetary expenditures within the multiannual financial framework when creating a new NEB programme;
2022/05/02
Committee: ITRECULT
Amendment 332 #

2021/2255(INI)

Motion for a resolution
Paragraph 14 a (new)
14a. Notes the ambition of setting up an annual NEB Festival and Awards; notes that such activities have an impact on the financial allocations for innovation and the development of best practices within the NEB; calls on the Commission to prioritise financial allocations for those parts of the NEB where the cost- effectiveness of achieving the main objectives of the initiative is greatest, such as achieving better living conditions for people;
2022/05/02
Committee: ITRECULT
Amendment 8 #

2021/2252(INI)

Motion for a resolution
Citation 16 a (new)
— having regard to the Council conclusions of 10 June 2021 on enhancing the European financial architecture for development,
2022/05/05
Committee: DEVE
Amendment 22 #

2021/2252(INI)

Motion for a resolution
Recital C
C. whereas policy coherence and close cooperation between all official development finance institutions, their government shareholders, EU institutions and all existing partners is urgently needed; whereas the successful mobilisation of further capital, both private and public, in addition to official development assistance (ODA) and other existing forms of development finance, is critical;
2022/05/05
Committee: DEVE
Amendment 32 #

2021/2252(INI)

Motion for a resolution
Recital F a (new)
F a. whereas food insecurity is a significant barrier of achieving the SDGs, particularly in Africa where two in every ten people in Africa are undernourished; whereas this challenge will only become more acute due to population growth; whereas EU cooperation with partner countries needs to tackle this challenge effectively, in a sustainable manner;
2022/05/05
Committee: DEVE
Amendment 34 #

2021/2252(INI)

Motion for a resolution
Recital F b (new)
F b. whereas Member States called on European development banks and financial institutions to increase their collaboration and coordination, both among themselves and with other multilateral and international financial institutions, building on the strengths and expertise of each institution, thus enhancing the efficiency, visibility and impact of the EFAD, with particular attention to the private sector while complementing and supporting public sector engagement;
2022/05/05
Committee: DEVE
Amendment 36 #

2021/2252(INI)

Motion for a resolution
Recital F c (new)
F c. whereas there is a USD 148 billion annual financing gap in low- and lower- middle-income countries to achieve SDG 4 from now until 2030; whereas additional costs due to COVID-19 related school closures risk increasing this financing gap by up to one-third;
2022/05/05
Committee: DEVE
Amendment 43 #

2021/2252(INI)

Motion for a resolution
Paragraph 1 a (new)
1 a. Advocates that EU policies and initiatives need to support coordination and cooperation between Member States in the field of development policy and the EU actions need to complement and support initiatives of Member States;
2022/05/05
Committee: DEVE
Amendment 53 #

2021/2252(INI)

Motion for a resolution
Paragraph 2 a (new)
2 a. Notes that the EFAD needs to maximize the advantages of different structural backgrounds and working modalities of the existing European development banks and financial institutions in order to increase efficiency of the EU's contribution to sustainable development;
2022/05/05
Committee: DEVE
Amendment 56 #

2021/2252(INI)

Motion for a resolution
Paragraph 3
3. Underlines the interconnection between development and security; highlights the role that development plays in preventing conflicts, ensuring durable exits from conflicts and bolstering crisis management; insists on the importance of further developing a well-tailored development-security nexus; further notes that a lack of security and armed conflicts exacerbates the already existing vulnerabilities in developing countries, increasing the funding gap for achieving the SDGs;
2022/05/05
Committee: DEVE
Amendment 60 #

2021/2252(INI)

Motion for a resolution
Paragraph 3 a (new)
3 a. Acknowledges that security is an essential precondition for investments and for sustainable development and notes that conflict prevention and resolution needs to be integrated into EU development cooperation; welcomes in this context the activities of churches in conflict resolution and management, contributing to peace and security;
2022/05/05
Committee: DEVE
Amendment 61 #

2021/2252(INI)

Motion for a resolution
Paragraph 3 b (new)
3 b. Underlines that the USD 2.5 trillion funding gap can be achieved only by promoting Public-Private-Partnerships and private investments, domestic resource mobilisation in partner countries and by more efficient utilisation of EU funding, while strengthening good governance and combating corruption;
2022/05/05
Committee: DEVE
Amendment 62 #

2021/2252(INI)

Motion for a resolution
Paragraph 3 c (new)
3 c. Notes that education and vocational training as cross-cutting issues make a major contribution to achieving the SDGs; emphasises that EU investments and cooperation need to prioritize this area together with job creation in the context of the EFAD;
2022/05/05
Committee: DEVE
Amendment 85 #

2021/2252(INI)

Motion for a resolution
Paragraph 6 a (new)
6 a. Emphasises that the EU’s financial contribution to sustainable development in partner countries needs to enable partner countries to contribute to their own economic and social development and to achieve the SDGs; underlines the paramount importance of domestic ownership in this context;
2022/05/05
Committee: DEVE
Amendment 88 #

2021/2252(INI)

Motion for a resolution
Subheading 2 a (new)
Is concerned that, despite the recent improvements, the current status quo is still lacking proper coordination, characterised by duplication and continued competition between the European Investment Bank (EIB), the European Bank for Reconstruction and Development (EBRD) and European development and finance institutions;
2022/05/05
Committee: DEVE
Amendment 128 #

2021/2252(INI)

Motion for a resolution
Paragraph 14 a (new)
14 a. Notes the particular importance of EU investments in the field of agriculture, where private investments are lacking due to the high risk of investments;
2022/05/05
Committee: DEVE
Amendment 130 #

2021/2252(INI)

Motion for a resolution
Paragraph 14 b (new)
14 b. Underlines the need for EU investments to contribute to improving local agricultural production capacities and supply chains;
2022/05/05
Committee: DEVE
Amendment 131 #

2021/2252(INI)

Motion for a resolution
Paragraph 14 c (new)
14 c. Emphasises that local farmers, small holders and family farms need to have access to financial services, and in particular to micro-financing, in order to have the means to make farming resistant to climate-related challenges, while improving productivity, increase income and be able to innovate;
2022/05/05
Committee: DEVE
Amendment 132 #

2021/2252(INI)

Motion for a resolution
Paragraph 14 d (new)
14 d. Notes that the lack of market access due to connectivity issues is one of the main barriers to food security in many regions in Africa; considers that EU investments in this field could have a strong impact;
2022/05/05
Committee: DEVE
Amendment 133 #

2021/2252(INI)

Motion for a resolution
Subheading 3 a (new)
Notes that there is a need to adapt the working methods and tools of the European Investment Bank (EIB) and the European Bank for Reconstruction and Development (EBRD) to the investment needs in Africa, particularly through providing more risk capital and guarantees in order to facilitate large scale investments while maintaining EU support for smaller scale local projects; points out that it is crucial that European investments are accompanied by a visible presence of the EU and continuous political dialogue;
2022/05/05
Committee: DEVE
Amendment 135 #

2021/2252(INI)

Motion for a resolution
Subheading 3 b (new)
Underlines that SMEs have an important role in achieving the SDGs and therefore need to have easy access to financial services in the EFAD framework; notes that EU policies need to encourage the cooperation of companies and enterprises, particularly SMEs, to play an active role in initiatives contributing to sustainable development in developing countries;
2022/05/05
Committee: DEVE
Amendment 139 #

2021/2252(INI)

Motion for a resolution
Paragraph 15 a (new)
15 a. Calls on the European Commission to support further coordination between the European Union, the Member States — including their implementing agencies and public development banks —, as well as the European Investment Bank (EIB) and the European Bank for Reconstruction and Development (EBRD) and to encourage them to pool resources, finance, coordination and communication in common projects, particularly under the Team Europe approach;
2022/05/05
Committee: DEVE
Amendment 150 #

2021/2252(INI)

Motion for a resolution
Paragraph 18 a (new)
18 a. Welcomes the partnership of the EBRD, as the multi-lateral development Bank; notes that the multi-lateral background of the EBRD, pooling together expertise from EU and non-EU countries alike, is of particular importance, notably to increase EU engagement in Central Asia and in North Africa; calls for considering this aspect when formulating the EFAD;
2022/05/05
Committee: DEVE
Amendment 185 #

2021/2252(INI)

Motion for a resolution
Subheading 4 a (new)
Emphasises that Policy Coherence for Development needs to be mainstreamed in EU external policies; notes, furthermore, that trade, investment and job creation are a vital part of EU engagement for development and are contributing to sustainable development; notes that possible shortcomings of these policy areas need to assessed and addressed in order to achieve the SDGs;
2022/05/05
Committee: DEVE
Amendment 193 #

2021/2252(INI)

Motion for a resolution
Paragraph 27 a (new)
27 a. Calls for a stronger coordination between the European Commission and the EEAS and EU delegations, particularly in developing countries with the most fragile economies, to facilitate discussions and cooperation with relevant actors on the ground in order to identify the most effective projects;
2022/05/05
Committee: DEVE
Amendment 196 #

2021/2252(INI)

Motion for a resolution
Paragraph 27 b (new)
27 b. Highlights that the EFAD requires a close-to ground approach, and thus calls for the facilitation of policy discussions with partner countries, Member States, private sector and EFAD members to better adapt EU financing to local needs;
2022/05/05
Committee: DEVE
Amendment 197 #

2021/2252(INI)

Motion for a resolution
Paragraph 27 c (new)
27 c. Calls on the Commission to establish a link between possible de- risking activities and financial support for access to education and vocational training, particularly for the purpose of establishing proper infrastructure and training for teachers, under the Neighbourhood, Development and International Cooperation Instrument (NDICI) – Global Europe, in order to facilitate achieving SDG 4;
2022/05/05
Committee: DEVE
Amendment 119 #

2021/2250(INI)

Motion for a resolution
Paragraph 1
1. Reiterates its concern about the persistent distance between the EU and Turkey, despite it being a candidate country, in terms of values and standards, and the continuing lack of political will to carry out the necessary reforms to address, in particular, the serious concerns about the rule of law and fundamental rights that continue to negatively affect the accession process; considers that without clear progress in this field, Parliament cannot envisage any resumption of accession negotiations with Turkey, which have effectively been at a standstill since 2018and insists on the termination of accession negotiations with Turkey;
2022/03/09
Committee: AFET
Amendment 535 #

2021/2250(INI)

Motion for a resolution
Paragraph 25 a (new)
25 a. Takes the view that the European Union needs to develop a long-term partnership with Turkey, based on mutual interest and respect but without a direct prospect of membership; insists that such a relationship must be balanced, reciprocal in its commitments and underpinned by one Association Agreement to cover economic and political relations and cooperation in several areas, including but not limited to migration, security and environmental protection, whilst reiterating the principles of democracy and rule of law; calls therefore on the Council to remove Turkey from the list of candidate countries;
2022/03/09
Committee: AFET
Amendment 11 #

2021/2213(INI)

Motion for a resolution
Paragraph 1
1. Strongly welcomes the long- awaited signature of the Samoa Agreement; encourages all ACP countries to sign the agreement, as a failure to do so will notably undermine the capacity of the European Investment Bank to deliver on Global Gateway projects in these countries;
2024/02/05
Committee: DEVE
Amendment 15 #

2021/2213(INI)

Motion for a resolution
Paragraph 3
3. Call for the swift and comprehensive implementation of the agreement, as there is an urgent need to strengthen multilateral cooperation in the face of growing geopolitical instability and competition and unprecedented global challenges; reiterates its concern that the EU is losing influence and visibility to alternative offers made by China and Russia; stresses the importance for the EU to reinforce its status as a reliable ally in development cooperation and to demonstrate that the international rules- based system can meet contemporary challenges; underlines the importance of the new Agreement in this context;
2024/02/05
Committee: DEVE
Amendment 16 #

2021/2213(INI)

Motion for a resolution
Paragraph 3 a (new)
3 a. Strongly supports the principles set down in the Foundation, notably that the parties shall pursue the objectives of the Agreement in a spirit of shared responsibility, solidarity, mutual respect and accountability; believes that this is well aligned with the EU’s aim to create partnerships of equals that generate mutually beneficial outcomes on common and intersecting interests and in accordance with shared values;
2024/02/05
Committee: DEVE
Amendment 20 #

2021/2213(INI)

Motion for a resolution
Paragraph 5
5. Reiterates the importance of political dialogue as an integral part of the partnership and calls for political dialogue to be used more effectively and systematically and in a proactive way in order to prevent political crises;
2024/02/05
Committee: DEVE
Amendment 23 #

2021/2213(INI)

Motion for a resolution
Paragraph 6
6. Calls for the provisions for responding to violations of the essential elements of the agreement to be used effectively; reiterates that it is necessary for the EU to take a more principled approach with regard to partner countries that are moving in the opposite direction when it comes to central values and principles;
2024/02/05
Committee: DEVE
Amendment 24 #

2021/2213(INI)

Motion for a resolution
Paragraph 7
7. Welcomes the inclusion of a specific article dedicated to Policy Coherence in the agreement, which is needed to enhance the effectiveness of development activities covered by the Agreement; Strongly supports that the Parties reaffirm their determination to work towards poverty eradication, in line with Article 208 of the Treaty on the Functioning of the European Union;
2024/02/05
Committee: DEVE
Amendment 25 #

2021/2213(INI)

Motion for a resolution
Paragraph 8
8. Calls for coherence and synergies to be built between the regional protocols of the Samoa Agreement and the other policy frameworks governing EU relations with Africa, the Caribbean and the Pacific regions; welcomes in this context that the regional protocol for Africa consistently refers to the African Union (AU); further believes that both the continental EU-AU approach and the EU-OACPS framework complement and reinforce each other; calls for close consultations given that the Commission has announced its intention to review the EU partnership with Africa in the first quarter of 2024;
2024/02/05
Committee: DEVE
Amendment 27 #

2021/2213(INI)

Motion for a resolution
Paragraph 9
9. Believes that the six strategic joint priorities identified in the general part of the agreement remain extremely relevant despite the changing geopolitical context; stresses the importance to address these areas of challenges and opportunities in a joint approach;
2024/02/05
Committee: DEVE
Amendment 28 #

2021/2213(INI)

Motion for a resolution
Paragraph 10
10. Welcomes the commitment to protect, promote and fulfil human rights, fundamental freedoms and democratic principles and to strengthen the rule of law and good governance, notably when considering the declining trend for democracy and governance in the world and the persistent threats to human rights globally; reiterates in this context that the EU’s external democracy action must adjust to a new geopolitical reality marked by competing governance models in order to better prevent and respond to democratic backsliding; further welcomes the commitment to promote universal human rights without discrimination based on any grounds; regrets, however, the fact that the agreement fails to mention explicitly that discrimination could be based on sexual orientation;
2024/02/05
Committee: DEVE
Amendment 33 #

2021/2213(INI)

Motion for a resolution
Paragraph 11
11. Insists on the need to give greater prominence to the human and social development aspects of the agreement, including to improve access to quality education and vocational training, in order to enable ACP countries to unlock the human capital potential of their young people and to boost human development, economic growth and employment in their countries;
2024/02/05
Committee: DEVE
Amendment 36 #

2021/2213(INI)

Motion for a resolution
Paragraph 12
12. Calls for the swift operationalisation of the ‘EU Global Health Strategy’ in ACP countries, in order to strengthen national health systems, prevent and combat current and future health threats, including pandemics, and to strengthen cooperation on health in multilateral fora; welcomes efforts such as the Team Europe initiative on Manufacturing and Access to Vaccines, Medicines and Health Technologies in Africa and the EU and Latin America and Caribbean manufacturing and health partnership;
2024/02/05
Committee: DEVE
Amendment 39 #

2021/2213(INI)

Motion for a resolution
Paragraph 13
13. Underlines that particular attention should be paid to the provisions on food security and improved nutrition, given the global rise in food insecurity, malnutrition and hunger, which have been particularly exacerbated by Russia’s war of aggression against Ukraine; reiterates that EU support in this area should contribute to the building of sustainable agri-food systems with a focus on small scale farmers as they play a crucial role in food security in many ACP countries;
2024/02/05
Committee: DEVE
Amendment 45 #

2021/2213(INI)

Motion for a resolution
Paragraph 14
14. Welcomes the inclusion of a specific article on youth and recalls that the active participation of young people in policies affecting them should be strongly encouraged; underlines in this respect the importance of seizing the opportunities offered by the Youth Action Plan in External Action to enhance meaningful youth participation and empowerment in the EU’s external action policies;
2024/02/05
Committee: DEVE
Amendment 49 #

2021/2213(INI)

Motion for a resolution
Paragraph 15
15. Welcomes the fact that gender equality and women’s economic empowerment are recognised as key drivers for sustainable development; supports the commitments to sexual and reproductive health and rights (SRHR) and that the Parties agree that they shall adopt and strengthen enforceable legislation, legal frameworks and sound policies, programmes and mechanisms to ensure girl’s and women’s equal access to, equal opportunities in, equal control over, and full and equal participation in, all spheres of life; supports the commitments to sexual and reproductive health and rights (SRHR) and calls for the EU institutions to speed up the implementation of the Gender Action Plan III in ACP countries;
2024/02/05
Committee: DEVE
Amendment 55 #

2021/2213(INI)

Motion for a resolution
Paragraph 16
16. Strongly supports the objective to mobilise investment, support trade and foster private sector development, with a view to achieving sustainable and inclusive growth and creating decent jobs for all; stresses, in this context, that a strong link will have to be established between the agreement and the Global Gateway initiative; welcomes the EU-LAC Global Gateway Agenda and the EU-Africa Global Gateway Investment Package; stresses that massive investments are required in both hard and soft infrastructure in ACP countries, from digital, transport and energy networks, to health, education and food systems; supports the Global Gateway initiative as a response to this, aiming to provide a viable and attractive alternative for partner countries that delivers lasting benefits for local communities;
2024/02/05
Committee: DEVE
Amendment 56 #

2021/2213(INI)

Motion for a resolution
Paragraph 16 a (new)
16 a. Recognises the importance of private sector development for economic transformation and job creation with the EU and ACP countries committing to the promotion of public-private dialogue and paying special attention to the growth and improved competitiveness of micro, small and medium-size-enterprises; welcomes that the EU and OACPS agree to support policies for the development of entrepreneurship among youth and women in the context of their economic empowerment and the promotion of inclusive development; strongly supports this, as cooperation in these areas will be crucial in order to reduce poverty and create prosperity;
2024/02/05
Committee: DEVE
Amendment 60 #

2021/2213(INI)

Motion for a resolution
Paragraph 17
17. Is of the opinion that the Samoa Agreement can contribute positively to the trade and investment policy objectives of the EU and OCAPS countries; underlines that the Samoa Agreement will not change trading arrangements between the EU and OACPS countries, whose partnership will continue to be based on separate trade agreements and instruments, notably the regional economic partnership agreements (EPAs) and the generalised system of preferences scheme (GSP); calls on the Commission to ensure that all its trade instruments targeting OACPS countries such as EPAs, the GSP and Aid for Trade are mutually reinforcing and aligned with the policy coherence for development principle; welcomes the aim of the Agreement to support the integration of ACP countries into the global economy; insists that the implementation of the trade related provisions of the new Partnership Agreement must contribute to stimulating and increasing strategic investment, create jobs, strengthen the role of the private sector and enhance economic and trade cooperation, while leaving no one behind; stresses that the Agreement’s trade and investment provisions must be tailored to benefit all parties in order to ensure an equal and mutually beneficial partnership; strongly underlines the link between trade, the eradication of poverty, the fight against inequalities and support for sustainable development, provided that adequate institutions are set up; calls on the Commission to uphold the political, financial, technical and policy assistance provided to OACPS countries according to their assessed needs, namely to its African partners for the smooth implementation of the African Continental Free Trade Area, in view of promoting intra-African trade;
2024/02/05
Committee: DEVE
Amendment 61 #

2021/2213(INI)

Motion for a resolution
Paragraph 18
18. Welcomes the commitment to cooperate in order to strengthen energy security and increase access to energy in ACP countries, accelerating progress on SDG 7; stresses notably the need to support African partner countries by harnessing the continent’s great untapped renewable energy potential, which will not only boost economic growth, job creation and social development, but also significantly increase the global share of renewables; welcomes the inclusion of a specific article dedicated to energy in the Africa Regional Protocol; welcomes further that the energy sector is identified as one of the investments priorities of the Global Gateway initiative;
2024/02/05
Committee: DEVE
Amendment 67 #

2021/2213(INI)

Motion for a resolution
Paragraph 19
19. Stresses the urgency of tackling global environmental challenges and of focusing on the effective implementation of the Paris Agreement on Climate Change; welcomes that the Samoa Agreement, in contrast to the Cotonou Agreement, includes much more detailed provisions on environmental sustainability and climate change; notes that provisions on environmental sustainability, oceans, seas and marine resources, as well as climate change and natural disasters, are covered both in the Foundation part and the three regional protocols;
2024/02/05
Committee: DEVE
Amendment 78 #

2021/2213(INI)

Motion for a resolution
Paragraph 20
20. Recognises the need to enhance cooperation on migration and mobility, including addressing the root causes of irregular migration and forced displacements, as well as to facilitate legal pathways for migration, in full respect of international law and in accordance with the Parties' respective competences, as well as being in line with the objectives of the Regulation (EU) 2021/947 of the European Parliament and of the Council of 9 June 2021 establishing the Neighbourhood, Development and International Cooperation Instrument - Global Europe (NDICI-GE Regulation);
2024/02/05
Committee: DEVE
Amendment 79 #

2021/2213(INI)

Motion for a resolution
Paragraph 20 a (new)
20 a. Welcomes that cooperation on peace and security is expected to be scaled up under the new Agreement as it is clearly an area of mutual interest; insists on the importance of implementing properly the humanitarian-development- peace nexus approach across all crisis affected and fragile ACP countries; recalls, in this context, the need for clear policy orientations in order to bridge the gaps between the individual policy areas, while ensuring that the distinct legal character and principles of humanitarian aid are respected; reiterates that there cannot be sustainable development without peace and security, and without inclusive development there cannot be sustainable peace and security;
2024/02/05
Committee: DEVE
Amendment 84 #

2021/2213(INI)

Motion for a resolution
Paragraph 21
21. Welcomes the budgetisation of the European Development Fund (EDF) in the Union’s budget implemented as of 2021, which was a long-standing demand from the European Parliament; considers that it allows for a better democratic scrutiny and for enhanced accountability and visibility of EU development financing;
2024/02/05
Committee: DEVE
Amendment 88 #

2021/2213(INI)

Motion for a resolution
Paragraph 22
22. Stresses the importance of ensuring development effectiveness and results; believes that the implementation of the agreement requires substantial and sustainable mobilisation of financial resources; welcomes, therefore, the recognition that the means of cooperation should be diversified, encompassing a range of policies and instruments from all available sources and actors; recognises the important role of the private sector in generating financing for development;
2024/02/05
Committee: DEVE
Amendment 91 #

2021/2213(INI)

Motion for a resolution
Paragraph 23
23. Recalls that the mobilisation of domestic resources through taxation is one of the most important sources of revenue for financing sustainable development; urges the EU and the OACPS to show strong political will and determination in combating illicit financial flows, tax evasion and corruption; stresses the importance of supporting ACP partner countries efforts to build robust domestic resource mobilisation systems, in order to secure increased domestic funding for development and unlock the potential of ACP countries economic development; recognises that corruption in public finance management is an obstacle to domestic resource mobilisation; supports therefore the Council conclusions of 4 May 2023 on corruption as an obstacle to development;
2024/02/05
Committee: DEVE
Amendment 101 #

2021/2213(INI)

Motion for a resolution
Paragraph 31
31. Welcomes the provisions on global alliances and international cooperation included in the new agreement, with commitments to the rules-based international order and to promoting international dialogue and seeking multilateral solutions to drive global action forward and accelerating progress on SDG 17, partnerships for the goals;
2024/02/05
Committee: DEVE
Amendment 1 #

2021/2178(INI)

Draft opinion
Paragraph -1 (new)
-1. Underlines that Africa is and will remain a key partner of the EU, in particular in common challenges on sustainable agriculture and food security; believes that the EU and Africa can build back better after COVID-19 and truly deliver on the UN Sustainable Development Goal 2 ‘Zero Hunger in 2030’; stresses that this will require greater commitments from both sides to form a closer and more effective partnership, based on mutual interest, strategic priorities, structured and effective cooperation and clear long-term goals;
2022/02/15
Committee: AGRI
Amendment 2 #

2021/2178(INI)

Draft opinion
Paragraph -1 a (new)
-1 a. Points out that the European Union and Africa share the objective to transform the way we produce, distribute and consume our food; therefore, cooperation between the EU and its African partners must focus on the central issue of food supply, for instance with targeted investments in a sustainable agricultural revolution that provides African farmers with the means to make farming resistant to climatic related challenges, while improving productivity and increasing the income of smallholder farmers, who form the backbone of the African agriculture; underlines in this regard the high potential of public- private-partnership and microfinancing to further empower local farmers;
2022/02/15
Committee: AGRI
Amendment 3 #

2021/2178(INI)

Draft opinion
Paragraph 1 a (new)
1 a. Underlines that the communication of the European Commission ‘Towards a comprehensive Strategy with Africa’ rightly declares that the EU and Africa must address the challenges of nutrition and food security by boosting safe and sustainable agri-food systems in order to increase the efforts to reach the Sustainable Development Goal of ‘Zero Hunger in 2030’; stresses that the strategy rightly points out that an EU- Africa partnership on agriculture would support local production and integrate environment and biodiversity concerns, including setting sanitary and phytosanitary standards and the protection of natural resources;
2022/02/15
Committee: AGRI
Amendment 5 #

2021/2178(INI)

Draft opinion
Paragraph 1
1. Welcomes the positive shift in EU- Africa relations towards a partnership on an equal footing, based on reciprocity and mutual benefit, exceeding a donor- recipient relationship, allowing both sides to pursue their own interests but also to identify common areas of cooperation; stresses that free, fair and sustainable trade facilitates inclusive economic growth and sustainable development and contributes to poverty reduction; highlights, in this regard, the importance of the new partnership agreement between the EU and the members of the Organisation of African, Caribbean and Pacific States, the upcoming summit between the African Union and the EU, and innovative initiatives such as the EU multi-stakeholder dialogue for sustainable cocoa;
2022/02/10
Committee: DEVE
Amendment 8 #

2021/2178(INI)

Draft opinion
Paragraph 1 a (new)
1 a. Welcomes the new EU Trade Strategy published in February 2021, which places a special focus on Africa and highlights the need to promote greater sustainability in line with the commitment of fully implementing both the UN Sustainable Development Goals and the 2017 EU Joint Aid for Trade Strategy to support enhanced integration in the world economy of vulnerable developing countries;
2022/02/10
Committee: DEVE
Amendment 18 #

2021/2178(INI)

Draft opinion
Paragraph 3 a (new)
3 a. Stresses that the agricultural sector provides a lot of employment possibilities in Africa and has an important impact on the income of people, especially in rural areas;
2022/02/15
Committee: AGRI
Amendment 24 #

2021/2178(INI)

Draft opinion
Paragraph 4 a (new)
4 a. Underlines that trade by respecting fair conditions should be the baseline for European exports and imports of food and other agricultural products; stresses, at the same time, the need to ensure that agricultural exports do no contradict the goal to establish a more resilient food sector in Africa;
2022/02/15
Committee: AGRI
Amendment 27 #

2021/2178(INI)

Draft opinion
Paragraph 4 b (new)
4 b. Believes that the EU can contribute to significantly reduce Africa’s current dependence on imports of food, seeds, fertilisers and pesticides, through financial and technical support, policy dialogue, knowledge exchange, new technologies as well as by promoting African innovation;
2022/02/15
Committee: AGRI
Amendment 29 #

2021/2178(INI)

Draft opinion
Paragraph 4 c (new)
4 c. Emphasises that economic partnership agreements need to support the various regional trade communities in Africa and the further development of the AfCFTA, contribute to the building of resilient and sustainable regional value chains, and help to boost and diversify intra-African trade;
2022/02/15
Committee: AGRI
Amendment 30 #

2021/2178(INI)

Draft opinion
Paragraph 4 d (new)
4 d. Emphasises that breeding techniques and genomic techniques must be an important part of strengthening food production in Africa, for instance to have crops that are more resistant to extreme weather conditions or to increase the nutritional value of certain food products; calls on the Commission to contribute to this through research, shared knowledge and good practices; underlines that this can strengthen local communities, which in turn can boost trade between the EU and Africa;
2022/02/15
Committee: AGRI
Amendment 31 #

2021/2178(INI)

Draft opinion
Paragraph 4 e (new)
4 e. Calls on the Commission to promote sustainable development by negotiating Economic Partnership Agreements (EPAs) combining the interests of European producers as well as producers in Africa, fostering development by promoting good and sustainable agricultural practices, regional integration, creating opportunities for trade and investment, improving economic governance and reducing poverty; calls for strengthening the EU’s partnership with Africa onagri- food products in the long-term perspective of a comprehensive continent-to-continent FTA;
2022/02/15
Committee: AGRI
Amendment 33 #

2021/2178(INI)

Draft opinion
Paragraph 3
3. Emphasises that economic partnership agreements need to support the various regional trade communities in Africa and the further development of the AfCFTA, contribute to the building of resilient and sustainable regional value chains, and help to boost and diversify intra-African trade; calls for chapters ensuring consistency with development needs and policies and the UN sustainable development goals to always be included and implemented, taking into account in particular climate change (and the need for climate change mitigation measures), desertification/deforestation and biodiversity; stresses the opportunities that different trade agreements represent from a sustainable development perspective;
2022/02/10
Committee: DEVE
Amendment 45 #

2021/2178(INI)

Draft opinion
Paragraph 4
4. Welcomes the reform of the Generalised Scheme of Preferences as one of the EU’s key trade instruments for supporting developing countries in their efforts to promote sustainable development, reduce poverty and ensure respect for human rights, in order to meet today’s challenges, shortcomings and ambitions; welcomes, in particular, the aim to facilitate increased economic growth and job creation in developing countries on the African continent; calls on the EU to make sure that European trade policy does not contradict efforts by African partners to establish viable economic structures., for example in the agricultural sector;
2022/02/10
Committee: DEVE
Amendment 49 #

2021/2178(INI)

Draft opinion
Paragraph 4 a (new)
4 a. Notes that the development of deeper economic and trade ties with Africa necessitates further development of transport and digital infrastructure with and within Africa, which in turn requires modern, sustainable investments on a large scale, respecting in particular social and environmental standards and the Paris agreement, and which can only be achieved by leveraging public and private financing; stresses that the EU and European businesses should get fully involved in developing such infrastructure, also in view of keeping a strong EU presence on the ground to balance the activities of other players; welcomes in this regard the newly adopted Joint Communication Global Gateway, which pays particular attention to Africa and aims to address the infrastructure- financing gap in low and middle-income countries, which has widened greatly during the COVID-19 pandemic, and help develop their climate, energy, transport and digital infrastructure and strengthen their health and education systems; emphasises, in particular, the importance to facilitate investment in sustainable infrastructure and regulatory environment for the local production of medicine and medical technologies, to help integrate the current fragmented markets;
2022/02/10
Committee: DEVE
Amendment 55 #

2021/2178(INI)

Draft opinion
Paragraph 7 a (new)
7 a. Calls on the Commission to push strongly for the recognition of the regionalisation principle, especially with South Africa in relation to avian influenza (HPAI), and for the compliance with all internationally agreed rules on HPAI; stresses that no embargoes should be imposed on entire Member States, but only on the affected regions within the EU; emphasizes, moreover, that embargoes should be lifted within the normal period agreed within the OIE, i.e. 28 days since the last outbreak in that country;
2022/02/15
Committee: AGRI
Amendment 10 #

2021/2046(INI)

Draft opinion
Paragraph 1
1. Stresses the need for ambitious policies to reduce transport’s reliance on fossil fuels without delayAcknowledges transport’s reliance on fossil fuels and stresses the need for ambitious policies to decarbonise all transport modes; calls on the Commission and Member States to adopt and implement a coherent long-term strategy for the transition towards a sustainable transport system, and to design a stable regulatory framework to ensure predictability for stakeholders, businesses, SMEs as well as citizens;
2021/05/12
Committee: ITRE
Amendment 16 #

2021/2046(INI)

Draft opinion
Paragraph 1 a (new)
1 a. Points out the essential role played by transport in safeguarding the well- being and strengthening the competitiveness of the EU single market, while ensuring the free movement of people and goods within EU internal borders;
2021/05/12
Committee: ITRE
Amendment 18 #

2021/2046(INI)

Draft opinion
Paragraph 1 b (new)
1 b. Reiterates the importance to base the policy measures set out in the Sustainable and Smart Mobility Strategy on comprehensive impact assessments that take into account economic, environmental and social consequences as well as the diverse mobility needs of users;
2021/05/12
Committee: ITRE
Amendment 22 #

2021/2046(INI)

Draft opinion
Paragraph 2
2. Believes that the challenges ahead are also, especially in the aftermath of the COVID- 19 pandemic, are an opportunity for the Union industrial leadership in clean technologies such as gaseous fuels, batteries or hydrogen, as well as in the related industrial ecosystems, for boosting jobs and supporting strategic value chains; stresses the need to avoid dependence from external suppliers in strategic sectors to achieve the strategic autonomy of our Union; welcomes the new European partnerships under Horizon Europe related to mobility; and the EU strategy for critical raw materials
2021/05/12
Committee: ITRE
Amendment 52 #

2021/2046(INI)

Draft opinion
Paragraph 4
4. Calls for a holistic approach based on the principle of technology neutrality and the life cycle assessment to increase the share of renewable and low-carbon energy in the transport sector, where the further development and deployment of low- and zero-emission vehicles should play a key role; the further development and deployment of electric vehicles should play a key role;
2021/05/12
Committee: ITRE
Amendment 65 #

2021/2046(INI)

Draft opinion
Paragraph 5
5. Calls on Member States to implement the Clean Energy Package in order to facilitate the production and management of the increased renewable electricitnergy needed to decarbonise the transport sector;
2021/05/12
Committee: ITRE
Amendment 72 #

2021/2046(INI)

Draft opinion
Paragraph 6
6. Calls for measures to unlock the potential of the energy efficiency first principle by boosting opportunities from digitalisation and electrificationdecarbonisation of the transport sector;;
2021/05/12
Committee: ITRE
Amendment 85 #

2021/2046(INI)

Draft opinion
Paragraph 7
7. Calls on the Commission to conduct a comprehensive assessment of the possibilities for advanced biofuels and associated infrastructure development in the EU, such as options for the greater uptake of sustainable alternative fuels, in particular in the aviation and maritime sectors, as part of the review of RED II;
2021/05/12
Committee: ITRE
Amendment 91 #

2021/2046(INI)

Draft opinion
Paragraph 7 a (new)
7 a. Underlines that the technology for the production of renewable and low- carbon fuels is available and needs to be deployed on a large scale without delay. Welcomes in this regard the intention to establish a Renewable and Low-Carbon Fuels Value Chain Alliance, whose scope should cover all transport modes, with the aim to boost the supply and deployment of the most promising fuels;
2021/05/12
Committee: ITRE
Amendment 96 #

2021/2046(INI)

Draft opinion
Paragraph 8
8. Calls for increased effortsWelcomes the European flagship “Recharge and Refuel” under the Recovery and Resilience Facility; calls for increased efforts in the upcoming review of the Alternative Fuel Infrastructure Directive to achieve a EU-wide roll-out of recharging and refuelling infrastructures and the adoption of harmonised standards to ensure interoperability.
2021/05/12
Committee: ITRE
Amendment 102 #

2021/2046(INI)

Draft opinion
Paragraph 8 a (new)
8 a. Highlights the importance of providing support to the research and development of the most promising and sustainable technologies, like gaseous fuels, hydrogen, hybrid and electric ones, following a technology neutral approach based on life-cycle GHG emissions, in order to accelerate the transition to the next generation of decarbonised transport systems.
2021/05/12
Committee: ITRE
Amendment 6 #

2021/2013(INI)

Draft opinion
Recital A
A. whereas the pandemic has revealed the strengths and limitations of the current set-up for managing value chains and accessibility to medicines and vaccines;
2021/06/02
Committee: ITRE
Amendment 23 #

2021/2013(INI)

Draft opinion
Recital B
B. whereas universequal access toibility, affordability, and availability of medicines is a fuanda mental right the full realisation of which is incompatible with a pharmaceutical model based primarily on the pursuit of profitdicinal products is essential; whereas the EU can support this by applying a predictable policy framework that fosters public and private investments ensuring affordable patient access to medicines and benefit to society as a whole;
2021/06/02
Committee: ITRE
Amendment 47 #

2021/2013(INI)

Draft opinion
Recital B b (new)
B b. whereas Europe’s pharmaceutical sector is a major contributor to the EU economy in terms of creation of highly skilled jobs and investment in innovation; whereas the pharmaceutical sector is a significant driver of trade and economic growth in the EU;
2021/06/02
Committee: ITRE
Amendment 52 #

2021/2013(INI)

Draft opinion
Recital B c (new)
B c. whereas data sharing is key to applying artificial intelligence and machine learning tools to research, to enable the digital transformation of healthcare and to tackle disparities in prevention, diagnosis and treatment in Europe; considers that AI-based solutions can help boost the resilience and sustainability of EU’s healthcare systems and offer new solutions to patients via a better diagnosis and the use of real-world data;
2021/06/02
Committee: ITRE
Amendment 108 #

2021/2013(INI)

2. Calls on the Commission to keep the results of Union-funded R&D in the public domain; points out that the protection of patents must not run counter to the right to healthPoints out that the protection of the social contract between European pharmaceutical companies, patients and society as a whole rests on the EU intellectual property framework; points out that the intellectual property framework acts as a driver of investments in research and development, which is essential to innovation;
2021/06/02
Committee: ITRE
Amendment 203 #

2021/2013(INI)

Draft opinion
Paragraph 7
7. Calls ononsiders that the Commission to promoteand Member States could consider launching joint public procurement and apply most economically advantageous tender (MEAT) criteria more stringently- procedures in times of health crises, as has been done during the COVID-19 crisis, with simplified and transparent procedures in the interest of improved response times; highlights that joint public procurement should not hinder patient access, medical innovation or competition;
2021/06/02
Committee: ITRE
Amendment 209 #

2021/2013(INI)

Draft opinion
Paragraph 7 a (new)
7 a. Urges the Commission, in the context of the EU Public Procurement Directive 2014/24/EU, to develop guidelines to support sustainable public procurement practices in the pharmaceutical field, in particular with regard to the implementation of the criteria of the most economically advantageous tender (MEAT), aimed at ensuring long-term sustainability, competition and security of supply and stimulating investment in manufacturing; calls for remedies against single-winner, price-only tenders that can cause severe price erosion, reducing the number of suppliers on the market and often resulting in short lead times and penalties being applied to companies, which in turn increases the risk of shortages of medical products;
2021/06/02
Committee: ITRE
Amendment 220 #

2021/2013(INI)

Draft opinion
Paragraph 8
8. Regrets the excessive influence of industry interest groups, which is detrimental to public-health, patient and consumer associations and to trade unions.deleted
2021/06/02
Committee: ITRE
Amendment 231 #

2021/2013(INI)

Draft opinion
Paragraph 8 a (new)
8 a. Points out that small and medium sized enterprises (SMEs) and mid-caps play a crucial role in the pharmaceutical value chain, often as first-movers and drivers of innovation; calls on the Commission to maintain a comprehensive and predictable regulatory framework that fosters the investment and innovation of especially European pharmaceutical SMEs and mid-caps;
2021/06/02
Committee: ITRE
Amendment 244 #

2021/2013(INI)

Draft opinion
Paragraph 8 b (new)
8 b. Calls on the Commission to address unjustified trade restrictions; points out that trade barriers can harm the accessibility and affordability of medicinal products;
2021/06/02
Committee: ITRE
Amendment 260 #

2021/2013(INI)

Draft opinion
Paragraph 8 e (new)
8 e. Urges the Commission, based on the experience with the authorisation of COVID-19 vaccines, to work with the EMA to consider extending the application of rolling reviews to other emergency medicines; further calls on the Commission to work with the EMA to develop the use of electronic product information for all medicines in the EU;
2021/06/02
Committee: ITRE
Amendment 26 #

2021/2012(INI)

Motion for a resolution
Recital B
B. whereas the transition to a net-zero greenhouse gas (GHG) economy requires a clean energy transition that ensures sustainability, energy efficiency, security of supply and affordability of energy;
2021/07/07
Committee: ITRE
Amendment 42 #

2021/2012(INI)

Motion for a resolution
Recital C a (new)
C a. whereas the transition to net-zero GHG emissions increases the demand for low-carbon energy;
2021/07/07
Committee: ITRE
Amendment 86 #

2021/2012(INI)

Motion for a resolution
Paragraph 2
2. Highlights that the energy production targets for ORE in all of EU’s sea basins, as outlined in Commission communication COM(2020)0741, are at least 60 GW by 2030 and 340 GW by 2050; highlights that the competitiveness of offshore wind energy as an energy source will continue to increase and prices will continue to fall further in step with continuous development and deployment; highlights that ORE is weather-based and that a sustainable and reliable energy system needs a combination of low- and zero-carbon energy sources;
2021/07/07
Committee: ITRE
Amendment 92 #

2021/2012(INI)

Motion for a resolution
Paragraph 2 a (new)
2 a. Believes that ORE needs to be sustainable and not have adverse impacts on the environment as well as on the economic, social and territorial cohesion;
2021/07/07
Committee: ITRE
Amendment 133 #

2021/2012(INI)

Motion for a resolution
Paragraph 5 b (new)
5 b. Stresses that Member States' planning of ORE energy needs to take into account environmental protection, protection of nature and the respective legal frameworks at Member State level into account when new permits are approved;
2021/07/07
Committee: ITRE
Amendment 214 #

2021/2012(INI)

Motion for a resolution
Paragraph 12
12. Notes the current lengthy process for launching ORE projects and the urgent need to speed it up in order to reach the 2030 and 2050 goals; notes that streamlining MSs procedures and technical standards will facilitate more rapid deployment; calls on the MSs to consider introducing time limits for issuing permits, including the automatic granting of permits after deadlines expire;
2021/07/07
Committee: ITRE
Amendment 228 #
2021/06/23
Committee: ITRE
Amendment 244 #

2021/2011(INI)

Motion for a resolution
Paragraph 27
27. Reiterates its call in its resolution of 25 March 2021 on a new EU-Africa Strategy – a partnership for sustainable and inclusive development8 for fair and sustainable exploitation of CRMs in Africa, which; notes that raw materials account for 49 % of EU imports from Africa, and; further notes that South Africa provides 71% of the EU's supply of platinum and an even higher share of iridium, rhodium and ruthenium, Guinea provides 64% of the EU's supply for bauxite and the Democratic Republic of Congo provides 68% of the EU's need for cobalt; supports the Commission in its endeavours to conclude new CRM partnerships with African countries; _________________ 8 Texts adopted, P9_TA(2021)0108.
2021/06/23
Committee: ITRE
Amendment 304 #

2021/0426(COD)

Proposal for a directive
Recital 6
(6) Buildings account for 40 % of final energy consumption in the Union and 36% of its energy-related greenhouse gas emissions . Therefore, reduction of energy consumption , in line with the energy efficiency first principle as laid down in Article 3 [revised EED] and defined in Article 2(18) of Regulation (EU) 2018/1999 of the European Parliament and of the Council32 and the use of energy from renewable and low carbon sources in the buildings sector constitute important measures needed to reduce the Union’s greenhouse gas emissions. Reduced energy consumption and an increased use of clean energy from renewable sources also have an important part to play in reducing the Union’s energy dependency, promoting security of energy supply and technological developments and in creating opportunities for employment and regional development, in particular in islands and rural areas. _________________ 32 Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council (OJ L 328, 21.12.2018, p. 1).
2022/07/06
Committee: ITRE
Amendment 319 #

2021/0426(COD)

Proposal for a directive
Recital 11
(11) Measures to improve further the energy performance of buildings should take into account climatic conditions, including adaptation to climate change, local conditions as well as indoor climate environment and, cost-effectiveness and energy savings. Those measures should not affect other requirements concerning buildings such as accessibility , fire safety and seismic safety and the intended use of the building.
2022/07/06
Committee: ITRE
Amendment 329 #

2021/0426(COD)

Proposal for a directive
Recital 12
(12) The energy performance of buildings should be calculated on the basis of a methodology, which may be differentiated at national and regional level. That includes, in addition to thermal characteristics, other factors that play an increasingly important role such as heating and air-conditioning installations, application of energy from renewable and low carbon sources, building automation and control systems, smart solutions, passive heating and cooling elements, shading, indoor air- quality, adequate natural light and design of the building. The methodology for calculating energy performance should be based not only on the season in which heating or air- conditioning is required, but should cover the annual energy performance of a building. That methodology should take into account existing European standards. The methodology should ensure the representation of actual operating conditions and enable the use of metered energy to verify correctness and for comparability, and the methodology should be based on hourly or sub-hourly time- steps. In order to encourage the use of renewable energy on-site, and in addition to the common general framework, Member States should take the necessary measures so that the benefits of maximising the use of renewable energy on-site, including for other-uses (such as electric vehicle charging points), are recognised and accounted for in the calculation methodology.
2022/07/06
Committee: ITRE
Amendment 354 #

2021/0426(COD)

Proposal for a directive
Recital 20
(20) Different options are available to cover the energy needs of an efficient building by energy from low carbon and renewable sources: on-site renewables such as solar thermal, solar photovoltaics, heat pumps and biomass, renewable energy provided by renewable energy communities or citizen energy communities, and district heating and cooling based on renewables or waste heat. and renewable energy supplied from the energy grids;
2022/07/06
Committee: ITRE
Amendment 356 #

2021/0426(COD)

Proposal for a directive
Recital 20
(20) Different options are available to cover the energy needs of an efficient building by energy from renewable and low carbon sources: on-site renewables such as solar thermal, solar photovoltaics, heat pumps, hydroelectric power and biomass, renewable energy provided by renewable energy communities or citizen energy communities, and district heating and cooling based on renewables or waste heat.
2022/07/06
Committee: ITRE
Amendment 358 #

2021/0426(COD)

Proposal for a directive
Recital 20
(20) Different options are available to cover the energy needs of an efficient building by energy from low-carbon and renewable sources: on-site renewables such as solar thermal, solar photovoltaics, heat pumps and biomass, renewable energy provided by renewable energy communities or citizen energy communities, and district heating and cooling based on renewables or waste heat.
2022/07/06
Committee: ITRE
Amendment 373 #

2021/0426(COD)

Proposal for a directive
Recital 24 a (new)
(24 a) With the outmost consideration of the subsidiarity principle, the provisions of this directive should be aligned with the basic principles of the property and tenancy law of the Member States.
2022/07/06
Committee: ITRE
Amendment 437 #

2021/0426(COD)

Proposal for a directive
Recital 47
(47) Financing alone will not deliver on the renovation needs. Together with financing, setting up accessible and transparent advisory tools and assistance instruments such as one-stop-shops that provide integrated energy renovation services or facilitators, as well as implementing other measures and initiatives such as those referred to in the Commission’s Smart Finance for Smart Buildings Initiative, is indispensable to provide the right enabling framework and break barriers to renovation. One-stop- shops can play an important role in connecting potential projects with market players, including citizens, public authorities and project developers, in particular smaller-scale projects as well as guidance on permit procedures, promoting access to funding for building renovation, and helping to disseminate information on terms and conditions.
2022/07/06
Committee: ITRE
Amendment 495 #

2021/0426(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 2
2. ‘zero-emission building’ means a building with a very high energy performance, as determined in accordance with Annex I, where the very low amount of energy still required is fully covered by energy from renewable sources and low- carbon generated on-site, from a renewable energy community within the meaning of Directive (EU) 2018/2001 [amended RED] or from a district heating and cooling system, in accordance with the requirements set out in Annex III;
2022/07/06
Committee: ITRE
Amendment 503 #

2021/0426(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 2
2. ‘zero-emission building’ means a building with a very high energy performance, as determined in accordance with Annex I, where theany very low residual amount of energy still required is fully covered by energy from renewable and low carbon sources generated on-site, or from a renewable energy community within the meaning of Directive (EU) 2018/2001 [amended RED] or from aconnections to efficient district heating and cooling system, in acc ford ance with the requirements set out in Annex IIIy residual demand;
2022/07/06
Committee: ITRE
Amendment 507 #

2021/0426(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 2
2. ‘zero-emission building’ means a building with a very high energy performance, as determined in accordance with Annex I, where the very low amount of energy still required is fully covered by energy from renewable sources generated on-siteand low carbon sources, from a renewable energy community within the meaning of Directive (EU) 2018/2001 [amended RED] or from a district heating and cooling system or from a low carbon power plant, in accordance with the requirements set out in Annex III;
2022/07/06
Committee: ITRE
Amendment 544 #

2021/0426(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 9
9. ‘primary energy’ means energy from renewable, low carbon and non- renewable sources which has not undergone any conversion or transformation process;
2022/07/06
Committee: ITRE
Amendment 547 #

2021/0426(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 12
12. ‘total primary energy factor’ means the weighted sum of renewable, low carbon and non- renewable primary energy factors for a given energy carrier;
2022/07/06
Committee: ITRE
Amendment 549 #

2021/0426(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 13
13. ‘energy from renewable sources’ means energy from renewable non-fossil sources, namely wind, solar (solar thermal and solar photovoltaic) , and geothermal energy , ambient energy, tide, wave and other ocean energy, hydropower, biomass, landfill gas, sewage treatment plant gas, and biogasas defined in the Directive (EU) … [Recast RED];
2022/07/06
Committee: ITRE
Amendment 594 #

2021/0426(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 35 a (new)
35 a. pre-cabling of buildings means both the technical cabling (cable path, technical sheaths, drilling) and the electrical pre-equipment in collective electrical installations (switchboard, horizontal electrical column, bus cable).;
2022/07/06
Committee: ITRE
Amendment 754 #

2021/0426(COD)

Proposal for a directive
Article 7 – paragraph 1 – introductory part
1. Member States shall ensure that from the following dates, new buildings are zero-emission buildings in accordance with Annex IIIrticle 2:
2022/07/06
Committee: ITRE
Amendment 774 #

2021/0426(COD)

Proposal for a directive
Article 7 – paragraph 2 – introductory part
2. Member States shall ensure that the life-cycle Global Warming Potential (GWP) is calculated in accordance with Annex III and disclosed through the energy performance certificate of the building: if technically, functionally and economically feasible,
2022/07/06
Committee: ITRE
Amendment 791 #

2021/0426(COD)

Proposal for a directive
Article 7 – paragraph 3
3. The Commission is empowered to adopt delegated acts in accordance with Article 29 to supplement this Directive in order to adapt Annex III to technological progress and innovation, to set adapted maximum energy performance thresholds in Annex III to renovated buildings and to adapt the maximum energy performance thresholds for zero-emission buildings.
2022/07/06
Committee: ITRE
Amendment 832 #

2021/0426(COD)

Proposal for a directive
Article 9 – paragraph 1 – introductory part
1. Member States shall ensure that action is taken to speed up renovation at an cost-efficient energy efficiency rate, meeting minimum energy performance requirements of Article 8 of Directive (EU) 2021/0203 while decarbonising energy supply from grid or production at district level or on-site in line with Nationalbuilding renovation plans of Article 3. Member states should prioritise worst-performing buildings and buildings with high potential for increased energy efficiency. Member States shall ensure, as far as economically and socially feasible and considering he needs and renovation plans, that
2022/07/06
Committee: ITRE
Amendment 913 #

2021/0426(COD)

Proposal for a directive
Article 9 – paragraph 1 – subparagraph 1
In their roadmap referred to in Article 3(1)(b), Member States shall establish specific timelines for the buildings referred to in this paragraph to achieve higher energy performance classes by 2040 and 2050, in line with the pathway for transforming the national building stock into zero-emission buildings. As per the requirements on national roadmaps, Member States should consult relevant stakeholders and local authorities when establishing such standards.
2022/07/06
Committee: ITRE
Amendment 948 #

2021/0426(COD)

Proposal for a directive
Article 9 – paragraph 3 – point e a (new)
(e a) setting the framework to ensure that there is a sufficient workforce with the appropriate level of skills to allow for the implementation of the requirements;
2022/07/06
Committee: ITRE
Amendment 1004 #

2021/0426(COD)

Proposal for a directive
Article 10 – paragraph 3 – point d a (new)
(d a) it can include information about life-cycle carbon emissions in the renovation.
2022/07/06
Committee: ITRE
Amendment 1070 #

2021/0426(COD)

Proposal for a directive
Article 12 – paragraph 1 a (new)
1 a. With regard to new non-residential buildings and non-residential buildings undergoing major renovation, with more than ten parking spaces, Member States should be encouraged to, as far as economically and socially feasible, strive for the following targets : - From 2030, 15% of parking spaces to have recharging point; - From 2035, 30% of parking spaces to have recharging point;
2022/07/06
Committee: ITRE
Amendment 1071 #

2021/0426(COD)

Proposal for a directive
Article 12 – paragraph 2
2. With regard to all non-residential buildings with more than twenty parking spaces, Member States shall ensure the installation of at least one recharging point for every ten parking spaces, and at least one bicycle parking space for every car parking space, by 1 January 2027 if technically, functionally and economically feasible. In case of buildings owned or occupied by public authorities, Member States shall ensure pre-cabling for at least one in two parking spaces by 1 January 2033.
2022/07/06
Committee: ITRE
Amendment 1095 #

2021/0426(COD)

Proposal for a directive
Article 12 – paragraph 4 – point a
(a) the installation of pre-ducting infrastructure, namely conduits for electric cablinges for every parking space to enable the installation, at a later stage, of recharging points for electric vehicles; and
2022/07/06
Committee: ITRE
Amendment 1176 #

2021/0426(COD)

Proposal for a directive
Article 15 – paragraph 1
1. Member States, and the EU, shall provide appropriate financing, support measures and other instruments able to address market barriers and stimulate the necessary investments in energy renovations in line with their national building renovation plan and with a view to the transformation of their building stock into zero-emission buildings by 2050.
2022/07/06
Committee: ITRE
Amendment 1182 #

2021/0426(COD)

Proposal for a directive
Article 15 – paragraph 2
2. Member States shall take appropriate regulatory measures to remove non-economic barriers to building renovation. With regard to buildings with more than one building unit, such measures may include removing unanimity requirements in co-ownership structures, or allowing co-ownership structures to be direct recipients of financial support. such as grants and loans for renovation purposes.
2022/07/06
Committee: ITRE
Amendment 1184 #

2021/0426(COD)

Proposal for a directive
Article 15 – paragraph 3
3. Member States shall make best cost-effective use of national financing and financing available established at Union level, in particular the Recovery and Resilience Facility, the Social Climate Fund, cohesion policy funds, InvestEU, auctioning revenues from emission trading pursuant to Directive 2003/87/EC [amended ETS] including ), revenues generated by the new emission trading system for buildings and road transport shall be fully used to finance measures in those sectors and other public funding sources.
2022/07/06
Committee: ITRE
Amendment 1248 #

2021/0426(COD)

Proposal for a directive
Article 15 – paragraph 12
12. FWithout prejudice to national economic and social policies, financial incentives shall target as a priority vulnerable households, people affected by energy poverty and people living in social housing, in line with Article 22 of Directive (EU) .../…. [recast EED].
2022/07/06
Committee: ITRE
Amendment 1282 #

2021/0426(COD)

Proposal for a directive
Article 16 – paragraph 3
3. Member States shall ensure the quality, reliability and affordability of energy performance certificates. They shall ensure that energy performance certificates are issued by independent experts following an on-site visit. and that the template for energy performance certificates is based on easily understandable information and directly legible sections. Energy performance certificates may also indicate a range of estimated costs linked to the retrofit recommendations made to households and clearly mention what the next renovation steps are for the occupants and/ or owners. Member States shall monitor whether on-site visits generate significant costs. The party bearing these costs should be supported and receive incentives where necessary. Member States should also guarantee, as much as possible, a standardization of certification procedures, especially with regards to determining energy classes for buildings.
2022/07/06
Committee: ITRE
Amendment 1434 #

2021/0426(COD)

Proposal for a directive
Annex I – point 2 – paragraph 3 a (new)
In the calculation of the primary energy factors for the purpose of calculating the energy performance of buildings, Member States may take into account renewable energy sources supplied through the energy carrier and renewable energy sources that are generated and used onsite, provided that it applies on a non- discriminatory basis.
2022/07/06
Committee: ITRE
Amendment 1453 #

2021/0426(COD)

Proposal for a directive
Annex III – point I – paragraph 3 – indent 1
— energy from renewable sources generated on-site or supplied via the grids and fulfilling the criteria of Article 7 of Directive (EU) 2018/2001 [amended RED],
2022/07/06
Committee: ITRE
Amendment 1459 #

2021/0426(COD)

Proposal for a directive
Annex III – point I – paragraph 3 – indent 3
renewable energy and waste heatenergy from an efficient district heating and cooling system in accordance with Article (24(1) of Directive (EU) …/… [recast EED].
2022/07/06
Committee: ITRE
Amendment 133 #

2021/0425(COD)

Proposal for a directive
Recital 9
(9) In line with the EU Hydrogen Strategy, the priority for the EU is to develop renewable hydrogen produced using mainly wind and solar energy. Renewable hydrogen is the most compatible option with the EU’s climate neutrality and zero pollution goal in the long term and the most coherent with an integrated energy system. However, low- carbon fuels (LCFs) such as low-carbon hydrogen (LCH) maywill play a role in the energy transition, particularly in the short and medium term to rapidly reduce emissions of existing fuels, and support the uptake of renewable fuels such as renewable hydrogen. In order to support the transition, it is necessary to establish a threshold for greenhouse gas emission reductions for low-carbon hydrogen and synthetic gaseous fuels. Such threshold should become more stringent for hydrogen produced in installations starting operations from 1 January 2031 to take into account technological developments and better stimulate the dynamic progress towards the reduction of greenhouse gas emissions from hydrogen production. The EU Energy System Integration strategy highlighted the need to deploy an EU–wide certification system to also cover low- carbon fuels with the aim to enable Member States to compare them with other decarbonisation options and consider them in their energy mix as a viable solution. In order to ensure that LCF have the same decarbonisation impact as compared to other renewable alternatives it is important that they are certified by applying a similar methodological approach based on a life cycle assessment of their total greenhouse gas (‘GHG’) emissions. This would allow deploying a comprehensive EU-wide certification system, covering the whole Union energy mix. Taking into consideration that LCF and LCH are not renewable fuels, their terminology and certification could not be included in the proposal for the revision of Directive (EU) 2018/2001 of the European Parliament and of the Council8 . Therefore, their inclusion in this Directive fills in this gap. _________________ 8 Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (OJ L 328, 21.12.2018, p. 82).
2022/07/15
Committee: ITRE
Amendment 312 #

2021/0425(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 1 a (new)
(1 a) hydrogen’ means all gases from renewable or non-renewable sources, that primarily consist of dihydrogen;
2022/07/15
Committee: ITRE
Amendment 335 #

2021/0425(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 10
(10) ‘low-carbon hydrogen’ means hydrogen the energy content of which is derived from non-renewable, fossil-free sources, which meets a greenhouse gas emission reduction threshold of 70%;intermediate and cumulative GHG emission reduction targets, to ensure a full 100% GHG emission reduction threshold by 2040 the latest. The definition of ‘low-carbon hydrogen’ will therefore be limited to fossil-free hydrogen that demonstrates [70%] GHG emission reduction, [80%] by 2030, [90%] by 2035, and [100%] by 2040.
2022/07/15
Committee: ITRE
Amendment 349 #

2021/0425(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 12
(12) ‘low-carbon fuels’ means recycled carbon fuels as defined in Article 2 of Directive (EU) 2018/2001, low-carbon hydrogen and synthetic gaseous and liquid fuels the energy content of which is derived from low-carbon hydrogen, which meet the greenhouse gas emission reduction threshold of 70%. that is equal to that of ‘low-carbon hydrogen’ in point (10) of this Article;
2022/07/15
Committee: ITRE
Amendment 497 #

2021/0425(COD)

Proposal for a directive
Article 8 – paragraph 2
2. In order to ensure that the greenhouse gas emissions savings from the use of low carbon fuels and low carbon hydrogen are at least 70% in accordance with the definitions in Article 2, points (10) and (12) under Article 2, Member States shall require economic operators to show that this threshold and the requirements established in the methodology referred to in paragraph 5 of this Article have been complied with. For those purposes, they shall require economic operators to use a mass balance system in line with Article 30 (1) and (2) of Directive (EU) 2018/2001.
2022/07/15
Committee: ITRE
Amendment 501 #

2021/0425(COD)

Proposal for a directive
Article 8 – paragraph 3
3. Member States shall ensure that economic operators submit reliable information regarding the compliance with the 70% greenhouse gas emissions savings threshold set in paragraph 2Article 2, points (10) and (12) and with the greenhouse gas emissions saving methodology referred to in paragraph 5, and that economic operators make available to the relevant Member State, upon request, the data that were used to develop the information. Member States shall require economic operators to put in place an adequate standard of independent auditing of the information submitted, and to provide evidence that this has been done. The auditing shall verify that the systems used by economic operators are accurate, reliable and protected against fraud.
2022/07/15
Committee: ITRE
Amendment 510 #

2021/0425(COD)

Proposal for a directive
Article 8 – paragraph 5
5. By 31 December 2024, the Commission shall adopt delegated acts in accordance with Article 83 to supplement this Directive by specifying the methodology for assessing greenhouse gas emissions savings from low carbon fuels. The methodology shall ensure that credit for avoided emissions is not given for carbon dioxide the capture of which has already received an emission credit under other provisions of law. The greenhouse gas emissions average content of the electricity supplied to produce low-carbon fuels is assessed with data from transmission system operators and distribution system operators. The captured CO2 used to produce synthetic liquid and gaseous fuels, the energy content of which is derived from low carbon hydrogen, is accounted for as an emission reduction as long as the CO2 has not already received an emission credit under other provisions of law.
2022/07/15
Committee: ITRE
Amendment 467 #

2021/0414(COD)

Proposal for a directive
Article 1 – paragraph 2 – introductory part
2. This Directive lays down minimum rights that apply to every person performing platform work in the Union who has, or who based on an assessment of facts may be deemed to have, an employment contract or employment relationship as defined by the law, collective agreements or practice in force in theeach Member States with consideration to the case-law of the Court of Justice. This Directive shall be without prejudice to the full respect of the autonomy of social partners, including their right to negotiate and conclude collective agreements.
2022/06/10
Committee: EMPL
Amendment 549 #

2021/0414(COD)

Proposal for a directive
Article 3 – paragraph 1
1. Member States shall have appropriate procedures in place to verify and ensure the correct determination of the employment status of persons performing platform work, with a view to ascertaining the existence of an employment relationship as defined by the law, collective agreements or practice in force in the Member States with consideration to the case-law of the Court of Justice, and ensuring that they enjoy the rights deriving from Union law applicable to workers.
2022/06/10
Committee: EMPL
Amendment 1013 #

2021/0414(COD)

Proposal for a directive
Article 20 – paragraph 1
1. This Directive shall not constitute valid grounds for reducing the general level of protection already afforded to workers within Member States without affecting the freedom of the social partners to negotiate and conclude collective agreements.
2022/06/10
Committee: EMPL
Amendment 1017 #

2021/0414(COD)

Proposal for a directive
Article 20 – paragraph 2
2. This Directive shall not affect the Member States’ prerogative to apply or to introduce laws, regulations or administrative provisions which are more favourable to platform workers, or to encourage or permit the application of collective agreements which are more favourable to platform workers, in line with the objectives of this Directive. As regards persons performing platform work who are not in an employment relationship, this paragraph shall only apply insofar as such national rules are compatible with the rules on the functioning of the internal market.
2022/06/10
Committee: EMPL
Amendment 1021 #

2021/0414(COD)

Proposal for a directive
Article 20 a (new)
Article 20a Collective bargaining and action 1. This Directive shall not affect in any way the right to negotiate, conclude and enforce collective agreements in accordance with national law or practice. 2. In accordance with national law and practice, Member States may allow for the social partners to maintain, negotiate, conclude and enforce collective agreements which deviate from the directive, provided that the overall results sought by this Directive are ensured.
2022/06/10
Committee: EMPL
Amendment 189 #

2021/0297(COD)

Proposal for a regulation
Recital 26
(26) Orderly international migration can bring important benefits to the countries of origin, transit and destination of migrants and contribute to their sustainable development and economic growth needs. Increasing coherence between trade, development and migration policies is key to ensure that the benefits of migration accrue mutually to both the origin, transit and destination countries. In this respect, it is essential for both origin, transit and destination countries to address common challenges, such as, stepping up cooperation on readmission of own nationals and their sustainable reintegration in the country of origin, in particular in order to avoid a constant drain in active population in the countries of origin, with the ensuing long- term consequences on development, and to ensure that migrants are treated with dignity.
2022/02/07
Committee: INTA
Amendment 192 #

2021/0297(COD)

Proposal for a regulation
Recital 26 a (new)
(26 a) The Union should favour a constructive engagement on all aspects of migration, forced displacement and mobility, working to ensure that migration takes place in a safe and well-regulated manner. It is essential to further step up cooperation on migration with partner countries, built on the more for more principle and using the full application of the NDICI-Global Europe instrument.
2022/02/07
Committee: INTA
Amendment 194 #

2021/0297(COD)

Proposal for a regulation
Recital 27
(27) Return, readmission and reintegration are a common challenge for the Union and its partners. In particularAccording to the Court of Auditors less than 1 in 5 actually return to their own countries outside of Europe.1a The effective return of third country nationals who do not have the right to stay is an essential component of a well-functioning Common European Asylum System and for the Schengen Agreement. This requires the Union to cooperate closer with countries of origin and transit to ensure return. In this regard, every State has the obligation to readmit its own nationals under international customary law, and multilateral international conventions such as the Convention on International Civil Aviation signed in Chicago on 7 December 1944. Improving sustainable reintegration and capacity building would significantly strengthen the local development in the partner countries. Shortcomings in third countries related to the readmission of its own nationals need to be prevented to ensure the effective and dignified return of third country nationals who do not have the right to stay in Union. _________________ 1a European Court of Auditors Special Report 17/2021, https://www.eca.europa.eu/Lists/ECADoc uments/SR21_17/SR_Readmission- cooperation_EN.pdf
2022/02/07
Committee: INTA
Amendment 315 #

2021/0297(COD)

Proposal for a regulation
Article 19 – paragraph 1 – point c
(c) serious shortcomings in customs controls on the export or transit of drugs (illicit substances or precursors), or related to the obligation to readmit the beneficiary country’s own nationals or serious failure to comply with international conventions on antiterrorism or anti-money laundering;
2022/02/07
Committee: INTA
Amendment 318 #

2021/0297(COD)

Proposal for a regulation
Article 19 – paragraph 1 – point c a (new)
(c a) shortcomings related to the obligation to readmit the beneficiary country’s own nationals;
2022/02/07
Committee: INTA
Amendment 300 #

2021/0250(COD)

Proposal for a directive
Recital 44 a (new)
(44a) While certain goods registered under national law could be attractive commodities for criminals to launder the proceeds of their illicit activities, money- laundering prevention also needs to adhere to the principle of proportionality. Setting up a central registry to collect ownership information in relation to high-value goods, would constitute a disproportionate intrusion into the privacy of large parts of the population. Therefore, this is an avenue that should not be pursued.
2022/06/27
Committee: ECONLIBE
Amendment 226 #

2021/0218(COD)

Proposal for a directive
Recital 31 a (new)
(31a) Greenhouse gas emissions of fuels will continue to be measured through a sophisticated life cycle assessment methodology. This methodology, however, can only take into account emissions that are directly related to the production of the fuels. No indirect emissions from the use of waste or residues should be taken into account in the lifecycle assessment, given that estimates of such possible indirect emissions are associated with a high degree of uncertainty and are therefore unsuitable to be applied in legislation.
2022/03/17
Committee: ITRE
Amendment 244 #

2021/0218(COD)

Proposal for a directive
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 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.deleted
2022/03/17
Committee: ITRE
Amendment 248 #

2021/0218(COD)

Proposal for a directive
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 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 when harvesting biomass specifically for energy purposes from countries that do not meet their national harvesting criteria unless they are met at the subnational level or with management systems in place at the forest sourcing area.
2022/03/17
Committee: ITRE
Amendment 294 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point c
Directive
Article 2 – paragraph 2
(1a) ‘quality roundwood’ means roundwood felled or otherwise harvested and removed, whose characteristics, such as species, dimensions, rectitude, and node density, make it suitable for industrial use, as defined and duly justified by Member States according to the relevant forest conditions. This does not include pre-commercial thinning operations or trees extracted from forests affected by fires, pests, diseases or damage due to abiotic factors ;deleted
2022/03/17
Committee: ITRE
Amendment 329 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point c
Directive
Article 2 – paragraph 2
(44a) ‘plantation forest’ means a planted forest that is intensively managed and meets, at planting and stand maturity, all the following criteria: one or two species, even age class, and regular spacing. It includes short rotation plantations for wood, fibre and energy, and excludes forests planted for protection or ecosystem restoration, as well as forests established through planting or seeding which at stand maturity resemble or will resemble naturally regenerating forests;deleted
2022/03/17
Committee: ITRE
Amendment 334 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point c
Directive
Article 2 – paragraph 2
(44b) ‘planted forest’ means forest predominantly composed of trees established through planting and/or deliberate seeding provided that the planted or seeded trees are expected to constitute more than fifty percent of the growing stock at maturity; it includes coppice from trees that were originally planted or seeded;;deleted
2022/03/17
Committee: ITRE
Amendment 400 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Directive
Article 3 – paragraph 3
3. Member States shall take measures to ensure that energy from biomass is produced in a way that minimises undue distortive effects on the biomass raw material market and harmful impacts on biodiversity. To that end , they shall take into account the waste hierarchy as set out in Article 4 of Directive 2008/98/EC and the cascading principle referred to in the third subparagraph.
2022/03/17
Committee: ITRE
Amendment 401 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Directive (EU) 2018/2001
Article 3 – paragraph 3 – subparagraph 1
3. Member States shall take measures to ensure that energy from biomass is produced in a way that minimises undue distortive effects on the biomass raw material market and harmful impacts on biodiversity in their support schemes. To that end , they shall take into account the waste hierarchy as set out in Article 4 of Directive 2008/98/EC and the cascading principle referred to in the third subparagraph.
2022/03/17
Committee: ITRE
Amendment 428 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Directive (EU) 2018/2001
Article 3 – paragraph 3 – subparagraph 2 – point a – point iii
(iii) practices which are not in line with the delegated act referred to in the third subparagraph.
2022/03/17
Committee: ITRE
Amendment 469 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Directive (EU) 2018/2001
Article 3 – paragraph 3 – subparagraph 3
No later than one year after [the entry into force of this amending Directive], the Commission shall adopt a delegated act in accordance with Article 35 on how to apply the cascading principle for biomass, in particular on how to minimise the use of quality roundwood for energy production, with a focus on support schemes and with due regard to national specificities.
2022/03/17
Committee: ITRE
Amendment 485 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Directive (EU) 2018/2001
Article 3 – paragraph 3 – subparagraph 4
By 2026 the Commission shall present a report on the impact of the Member States’ support schemes for biomass, including on possible biodiversity and possible market distortions, and will assess the possibility for further limitations regarding support schemes to forest biomass.;.
2022/03/17
Committee: ITRE
Amendment 1070 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 16 – point b
Directive (EU) 2018/2001
Article 27 – paragraph 1 – subparagraph 1 – point c – point iii
(iii) the amount of renewable electricity supplied to the transport sector is determined by multiplying the amount of electricity supplied to that sector by the average share of renewable electricity supplied in the territory of the Member State in the two previous years. By way of exception, where electricity is obtained from a direct connection to an installation generating renewable electricity and supplied to the transport sector, or alternatively with a dedicated power purchase agreement sourced additional renewable electricity accompanied with guarantees of origin from an electricity production unit or units that have been commissioned after the signature of the before mentioned power purchase agreement, and which will not be accounted for as renewable electricity in any other sector, that electricity shall be fully counted as renewable;
2022/03/17
Committee: ITRE
Amendment 1169 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 18 – point b
Directive (EU) 2018/2001
Article 29 – paragraph 3 – subparagraph 1a
This paragraph, with the exception of the first subparagraph, point (c), also applies to biofuels, bioliquids and biomass fuels produced from forest biomass originating from a country or subnational entity or forest sourcing area which does not meet the criteria set out in paragraph 6a or 6b.;
2022/03/17
Committee: ITRE
Amendment 1176 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 18 – point c
Directive (EU) 2018/2001
Article 29 – paragraph 4 – subparagraph 2a
The first subparagraph, with the exception of points (b) and (c), and the second subparagraph also apply to biofuels, bioliquids and biomass fuels produced from forest biomass originating from a country or subnational entity or forest sourcing area which does not meet the criteria set out in paragraph 6a or 6b.;
2022/03/17
Committee: ITRE
Amendment 1181 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 18 – point d
Directive (EU) 2018/2001
Article 29 – paragraph 5
5. Biofuels, bioliquids and biomass fuels produced from agricultural or forest biomass from a country or subnational entity or forest sourcing area which does not meet the criteria set out in paragraph 6a or 6b, taken into account for the purposes referred to in paragraph 1, first subparagraph, points (a), (b) and (c), shall not be made from raw material obtained from land that was peatland in January 2008, unless evidence is provided that the cultivation and harvesting of that raw material does not involve drainage of previously undrained soil and compliance on national, subnational or forest sourcing area level, in line with the criteria to minimise the risk of using forest biomass derived from unsustainable production referred to in paragraph 6, can be reported by competent authorities.;
2022/03/17
Committee: ITRE
Amendment 1190 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 18 – point e
Directive (EU) 2018/2001
Article 29 – paragraph 6 – subparagraph 1 – point a – point iv
(iv) that harvesting is carried out considering maintenance of soil quality and biodiversity with the aim of minimising negative impacts, in a way that avoids harvesting of stumps and roots, degradation of primary forests or their conversion into plantation forests, and harvesting on vulnerable soils; minimises large clear-cuts and ensures locally appropriate thresholds for deadwood extraction and requirements to use logging systems that minimise impacts on soil quality, including soil compaction, and on biodiversity features and habitats:;.
2022/03/17
Committee: ITRE
Amendment 79 #

2021/0214(COD)

Proposal for a regulation
Recital 8
(8) As long as a significant number of the Union’s international partners have policy approaches that do not result indo not achieve the same level of climate ambition, there is a risk of carbon leakage, which would undermine the Union’s competitiveness on global markets. Carbon leakage occurs if, for reasons of costs related to climate policies, businesses in certain industry sectors or subsectors were to transfer production to other countries or imports from those countries would replace equivalent but less GHG emissions intensive products-intensive products on the internal market, as well as export markets, or investment into such sectors and subsectors would predominantly flow to such countries and not the Union. That cwould lead to an increase in their total emissions globally, thus jeopardising the reduction of GHG emissions that is urgently needed if the world is to keep the global average temperature to well below 2 °C above pre- industrial levels.
2022/02/08
Committee: ITRE
Amendment 100 #

2021/0214(COD)

Proposal for a regulation
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 ofpreventing carbon leakage resulting from the increased Union climate ambition.
2022/02/08
Committee: ITRE
Amendment 109 #

2021/0214(COD)

Proposal for a regulation
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 auctioning and thus affects the incentives for investment into further abatement of emissions. Free allocation at the level of best performers has been an adequate policy instrument for certain industrial sectors to address the risk of carbon leakage in the absence of a fair level playing field.
2022/02/08
Committee: ITRE
Amendment 117 #

2021/0214(COD)

Proposal for a regulation
Recital 11
(11) The CBAM seeks tointends to complement and progressively replace 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. The combined and transitional application of EU ETS allowances allocated free of charge and of the CBAMshould be phased out only after a comprehensive transitional period between 2026 and 2030 and once the CBAM has proven to be efficient, fit for purpose, operational and tested to mitigate the risk of carbon leakage. The combined application of EU ETS allowances allocated free of charge and of the CBAM is needed to allow producers, importers and traders to adjust to the new regime and to assess the effective implementation of the CBAM but should in no case result in more favourable treatment for Union goods compared to goods imported into the customs territory of the Union as continuous trade with third countries are essential for the Union and its diversified supply chains.
2022/02/08
Committee: ITRE
Amendment 129 #

2021/0214(COD)

Proposal for a regulation
Recital 11 a (new)
(11 a) To prevent carbon leakage both in the Union and in third country markets, goods of Union origin that are subject to the Carbon Border Adjustment Mechanism of this Regulation and that are exported to third countries and territories should benefit from an export adjustment. This export adjustment must continue to incentivize Union producers to reduce their emissions and should apply until third countries adopt carbon prices and equivalent measures that are comparable to those in the Union, with special attention to interrelated carbon leakage protection measures, taking into account the principle of common but differentiated responsibilities and respective capabilities, in the light of different national circumstances.
2022/02/08
Committee: ITRE
Amendment 134 #

2021/0214(COD)

Proposal for a regulation
Recital 12
(12) While the objective of the CBAM is to prevent the risk of carbon leakage, this Regulation would also encourage the use of more GHG emissions-efficient technologies by producers from third countries, so that less emissions per unit of output are generated. The CBAM hence might be an effective measure to lower emissions in third countries while ensuring European industry competitiveness. Reducing emissions in the Union as well as in third countries is an effective way to reduce the risk of carbon leakage. The CBAM should be seen as a step towards global pricing on carbon emissions which would further reduce the risk of carbon leakage globally.
2022/02/08
Committee: ITRE
Amendment 142 #

2021/0214(COD)

Proposal for a regulation
Recital 12 a (new)
(12 a) While the surrendering of CBAM certificates for EU importers addresses the risk of carbon leakage on the EU market, it is essential that the CBAM would also seek to reduce the possibility of European low-carbon exports being replaced by carbon-intensive items on third country markets or by goods that are not subject to equivalent climate policy and carbon costs, undermining the goal of lowering global emissions. It is therefore necessary to continue addressing the risk of carbon leakage associated with European exports to third countries that have not yet limited or priced GHG emissions at the same levels as the EU.
2022/02/08
Committee: ITRE
Amendment 149 #

2021/0214(COD)

Proposal for a regulation
Recital 13
(13) As an instrument to prevent carbon leakage and reduce GHG emissions the CBAM should ensure that imported products are subject to a regulatory system that applies carbon costs equivalent to the ones that otherwise would have been borne under the EU ETS. The CBAM is a climate measure which should prevent the risk of carbon leakage and support the Union’s increased ambition on climate mitigation, while ensuring WTO compatibility and industrial competitiveness.
2022/02/08
Committee: ITRE
Amendment 151 #

2021/0214(COD)

Proposal for a regulation
Recital 13 a (new)
(13 a) As CBAM is a mechanism that addresses the risk of carbon leakage on the EU market for EU imports, it is essential to avoid the risk that EU exports are replaced by more carbon intensive goods on the global market. Hence, the Commission shall analyse its implementation and effectiveness throughout the administrative transitional period and shall by the end of this period submit a report to the European Parliament and Council that specifies the carbon leakage risk on export markets accompanied with a proposal preventing the carbon leakage risk on export markets with safeguards of products intended for exports, such as export rebates.
2022/02/08
Committee: ITRE
Amendment 166 #

2021/0214(COD)

Proposal for a regulation
Recital 17
(17) The GHG emissions to be regulated by the CBAM should correspond to those GHG emissions covered by Annex I to the EU ETS in Directive 2003/87/EC, namely carbon dioxide (‘CO2’) as well as, where relevant, nitrous oxide (‘N2O’) and perfluorocarbons (‘PFCs’). The CBAM should initially apply to direct emissions of those GHG from the production of goods up to the time of import into the customs territory of the Union, and after the end of athe administrative transitional period and upon further assessment on the impact on carbon leakage for energy-intensive sectors with a withdrawal of EU ETS compensation, as well to indirect emissions, mirroring the scope of the EU ETS.
2022/02/08
Committee: ITRE
Amendment 173 #

2021/0214(COD)

Proposal for a regulation
Recital 19
(19) However, while the EU ETS sets an absolute cap on the GHG emissions from the activities under its scope and allows tradability of allowances (so called ‘cap and trade system’), the CBAM shouldmust not establish quantitative limits to import, so as to ensure that trade flows are not restricted or disrupted. Moreover, while the EU ETS applies to installations based in the Union, the CBAM should be applied to certain goods imported into the customs territory of the Union to ensure a level playing field and prevent the risk of carbon leakage while ensuring compatibility with WTO.
2022/02/08
Committee: ITRE
Amendment 189 #

2021/0214(COD)

Proposal for a regulation
Recital 24
(24) In terms of sanctions, Member States should apply penalties to infringements or circumvention practises 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.
2022/02/08
Committee: ITRE
Amendment 193 #

2021/0214(COD)

Proposal for a regulation
Recital 28
(28) Whilst the ultimate objective of the CBAM is a broader product coverage, it would beis prudent to start with a selected number of sectors with relatively homogeneous products where there is a risk of carbon leakage. The Commission should consider to further extend the scope of included goods, when CBAM is proven efficient to reduce carbon leakage for the sectors included in Annex I of this Regulation. A proposal of the inclusion of finished goods shall be presented by the Commission before the comprehensive transitional period. Union sectors deemed at risk of carbon leakage are listed in Commission Delegated Decision 2019/70842 . __________________ 42Commission Delegated Decision (EU) 2019/708 of 15 February 2019 supplementing Directive 2003/87/EC of the European Parliament and of the Council concerning the determination of sectors and subsectors deemed at risk of carbon leakage for the period 2021 to 2030 (OJ L 120, 8.5.2019, p. 2).
2022/02/08
Committee: ITRE
Amendment 200 #

2021/0214(COD)

Proposal for a regulation
Recital 29
(29) The goods under this Regulation should be selected after a careful analysis of their relevance in terms of cumulated GHG emissions and risk of carbon leakage in the corresponding EU ETS sectors while limiting complexity and administrative burden for European industry, affected authorities, companies and SMEs. In particular, the actual selection should take into account basic materials and basic products covered by the EU ETS with the objective of ensuring that imports of energy intensive products into the Union are on equal footing with EU products in terms of EU ETS carbon pricing, and to mitigate risks of carbon leakage. Other relevant criteria to narrow the selection should be: firstly, relevance of sectors in terms of emissions, namely whether the sector is one of the largest aggregate emitters of GHG emissions; secondly, sector’s exposure to significant risk of carbon leakage, as defined pursuant to Directive 2003/87/EC; thirdly, the need to balance broad coverage in terms of GHG emissions while limiting complexity and administrative effort.
2022/02/08
Committee: ITRE
Amendment 236 #

2021/0214(COD)

Proposal for a regulation
Recital 46
(46) To avoid risks of circumvention and improve the traceability of actual CO2 emissions from import of electricity and its use in goods, the calculation of actual emissions should only be permitted through a number of strict conditions. In particular, it should be necessary to demonstrate a firm nomination of the allocated interconnection capacity and that there is a direct contractual relation between the purchaser and the producer of the renewable and low carbon electricity, or between the purchaser and the producer of electricity having lower than default value emissions. .
2022/02/08
Committee: ITRE
Amendment 238 #

2021/0214(COD)

Proposal for a regulation
Recital 46 a (new)
(46 a) To reduce the risk of carbon leakage as well as to ensure a level playing field for European industry, all practices of circumvention shall be prohibited. The Commission shall evaluate the risk of circumvention practices, especially the likelihood of modified trade patterns towards downstream products, as well as resource shuffling, cost absorption, manipulation of emissions data, wrongful labelling of goods and slight modifications of the product so as to import a product under a different customs code of all sectors included in Annex I of this Regulation. The Commission shall be empowered to adopt delegated acts to strengthen anti- circumvention measures when appropriate.
2022/02/08
Committee: ITRE
Amendment 243 #

2021/0214(COD)

Proposal for a regulation
Recital 48
(48) Integration of third countries into the Union electricity market is an important drive for those countries to accelerate their transition to energy systems with high shares of renewable energies. Market coupling for electricity, as set out in Commission Regulation (EU) 2015/122246 , enables third countries to better integrate electricity from renewable and low carbon energies into the electricity market, to exchange such electricity in an efficient manner within a wider area, balancing supply and demand with the larger Union market, and reduce the carbon intensity of their electricity generation. Integration of third countries into the Union electricity market also contributes to the security of electricity supplies in those countries and in the neighbouring Member States. __________________ 46Commission Regulation (EU) 2015/1222 of 24 July 2015 establishing a guideline on capacity allocation and congestion management (OJ L 197, 25.7.2015, p. 24).
2022/02/08
Committee: ITRE
Amendment 247 #

2021/0214(COD)

Proposal for a regulation
Recital 49 a (new)
(49 a) This Regulation shall progressively enter into force in two steps. Between 2023 and 2025 an administrative transitional period where Articles set out in Article 36 (a) and (c) of this Regulation shall apply. Between 2026 and 2030 a comprehensive transitional period where all Articles set out in Article 36 of this Regulation shall apply. During this period free allocation should remain in place.
2022/02/08
Committee: ITRE
Amendment 250 #

2021/0214(COD)

Proposal for a regulation
Recital 50
(50) An administrative transitional period without financial adjustment should apply during the period 2023 until 2025. A CBAM without financial adjustment should applyto 2025, with the objective to facilitate a smooth roll out of the mechanism hence reducing the risk of disruptive impacts on trade and European industry. Declarants should have to report on a quarterly basis the actual embedded emissions in goods imported during the administrative transitional period, detailing direct and indirect emissions as well as any carbon price paid abroad.
2022/02/08
Committee: ITRE
Amendment 257 #

2021/0214(COD)

Proposal for a regulation
Recital 50 a (new)
(50 a) A comprehensive transitional period with financial adjustment should apply during the period 2026 to 2030, with the objective to facilitate a smooth roll out of the mechanism hence reducing the risk of disproportionate impacts on European industry.
2022/02/08
Committee: ITRE
Amendment 258 #

2021/0214(COD)

Proposal for a regulation
Recital 50 b (new)
(50 b) A temporary Carbon Leakage Protection Reserve should be established between 2031 to 2035, linked to the reduction of free allocation. Each year, the free allocation no longer provided to the CBAM sectors, based on the free allocation phase-out calculation, should be placed into the temporary Carbon Leakage Reserve. To this purpose the Commission shall every year, from 2031 to 2035, present to the parliament and Council a report on the effectiveness of this Regulation in lowering carbon leakage. By 28 February, the following year the Commission shall report to the Parliament and the Council on the entry into force of CBAM and its effectiveness during the preceding year. If the assessment is positive, the allowances placed in the reserve should automatically be auctioned. If the assessment proves negative impact on lowering carbon leakage, the allowances placed in the reserve should automatically be returned to industry, to mitigate the risk of carbon leakage.
2022/02/08
Committee: ITRE
Amendment 265 #

2021/0214(COD)

Proposal for a regulation
Recital 52
(52) The Commission should evaluate the application of this Regulation before the end of the administrative 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 possibly extend the scope of Annex I to indirect emissions, as well as to other goods and services at risk of carbon leakage, such as finished goods, and to develop methods of calculating embedded emissions based on the environmental footprint methods47 .. The Commission should in particular focus on: (a) the impact on competitiveness of European industry and downstream industry, impact on SMEs, possible disproportionate administrative burden, possible circumvention practices, distortion in trade patterns and possibilities to enhance climate actions towards a climate neutral Union by 2050. Accompanied by proposals to avoid negative impact on such sectors; (b) a proposal to avoid possible carbon leakage in export markets; (c) a proposal to extend the scope of this Regulation to finished goods containing goods listed in Annex I; to ensure competitiveness of European manufacturing industry and prevent carbon leakage; __________________ 47Commission 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).
2022/02/08
Committee: ITRE
Amendment 275 #

2021/0214(COD)

Proposal for a regulation
Recital 52 a (new)
(52 a) During the comprehensive transitional period, biannual between 2025-2030 and every year thereafter until 2035, the Commission shall evaluate the application of this Regulation and report to the European parliament and the Council. The Commission should in particular focus on: (a) the impact on European industry and downstream industry of sectors listed in Annex I, and possible additional administrative burden; (b) the effectiveness of this Regulation in reducing carbon leakage and possible circumvention practices; and (c) the impact of CBAM on Union trade of goods listed in Annex I and possible distortion in trade patterns;
2022/02/08
Committee: ITRE
Amendment 279 #

2021/0214(COD)

Proposal for a regulation
Recital 52 b (new)
(52 b) In case the CBAM is proven not to be efficient in lowering carbon leakage, creates disproportionate disadvantages for European industry or severe shortcomings appear in the implementation of this Regulation during the comprehensive transitional period, the Commission shall present a new or revised legislative proposal aiming at lowering carbon leakage in order for the Union to reach its goal of climate neutrality 2050.
2022/02/08
Committee: ITRE
Amendment 280 #

2021/0214(COD)

Proposal for a regulation
Recital 52 c (new)
(52 c) If the CBAM is challenged by WTO and as an effect not implemented, the Commission shall present a revised legislative proposal aiming at lowering carbon leakage.
2022/02/08
Committee: ITRE
Amendment 282 #

2021/0214(COD)

Proposal for a regulation
Recital 53
(53) In light of the above, a dialogue with third countries should continue and there should be space for cooperation and solutions that could inform the specific choices that will be made on the details of the design of the measure during the implementation, in particular during the transitional periods.
2022/02/08
Committee: ITRE
Amendment 286 #

2021/0214(COD)

Proposal for a regulation
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.
2022/02/08
Committee: ITRE
Amendment 293 #

2021/0214(COD)

Proposal for a regulation
Recital 58
(58) In order for CBAM to be efficient in lowering carbon leakage, all possible circumvention practices should be addressed by this Regulation. In order to remedy circumvention of the provisions of this Regulation, the power to adopt acts in accordance with Article 290 of TFEU should be delegated to the Commission in respect of supplementing the list of goods in Annex I.
2022/02/08
Committee: ITRE
Amendment 302 #

2021/0214(COD)

Proposal for a regulation
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.
2022/02/08
Committee: ITRE
Amendment 318 #

2021/0214(COD)

Proposal for a regulation
Article 1 – paragraph 3
3. The mechanism will progressiveintends to complement and gradually 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.
2022/02/08
Committee: ITRE
Amendment 321 #
2022/02/08
Committee: ITRE
Amendment 434 #

2021/0214(COD)

Proposal for a regulation
Article 10 a (new)
Article 10 a Export adjustment to reduce the risk of carbon leakage and associated increases in global emissions 1. An export adjustment shall be granted to operators of installations subject to Directive 2003/87 for goods manufactured in the EU listed in Annex I and that are exported to third countries and territories other than those listed in Annex II, Section A. 2. The amount of the export adjustment shall be equal to the Euro value of the CBAM certificates published in accordance with Article 22(2) during the calendar week of export of the exported goods, multiplied by default values based on the average emission intensity of the 10 percent best performing EU installations for that type of good, multiplied by tons of goods falling within the scope of paragraph 1. This calculation shall take also into account ETS benchmarking methodologies already established for which the denominator is not expressed in tons of goods (e.g., for refined products and steam-cracking),as well as other alternative methodologies, to the extent applicable. 3. Notwithstanding paragraph 2, where goods within the scope of paragraph 1 are produced in EU installations with an emission intensity that is lower than the default value for that type of product as set pursuant to paragraph 2, the amount of the export adjustment shall be calculated based on the actual embedded emissions per ton of product calculated in accordance with the methodology of points 2 and 3 of Annex III. 4.The export adjustment shall be reduced to reflect the extent to which EU ETS allowances continue to be allocated free of charge in accordance with Article 10a of Directive 2003/87 to operators of installations producing the goods listed in Annex I in the Union. 5. The European Commission is empowered to adopt implementing acts, in accordance with the examination procedure referred to in Article 29(2), establishing methodologies to define the amount of the export adjustment in accordance with paragraph 2 and 3. 6. The European Commission is empowered to adopt delegated acts, in accordance with Article 28, defining the procedures and requirements to grant an export adjustment under paragraph 1 in accordance with paragraphs 2, 3, and 4 and the methodologies defined in accordance with paragraph 5. 7. When drafting the implementing and delegated acts of paragraphs 5 and 6 above, the Commission shall give all interested parties and third countries an opportunity to comment. 8. The European Commission shall regularly assess, on a third country or group of countries basis, whether EU producers continue to require the export adjustment of paragraph 1 in order to prevent the risk of carbon leakage. In doing so, the Commission shall monitor and consult with third countries on the extent to which they adopt carbon prices and equivalent measures comparable to that in the Union, with special attention to interrelated carbon leakage protection measures, taking into account the principle of common but differentiated responsibilities and respective capabilities, in the light of different national circumstances. On the basis of this assessment, by December 2025 [i.e., end of transitional period] and every five years thereafter, the Commission shall present a report on the progress made by third countries and the extent to which a Union export adjustment continues to be necessary. Where justified, the European Commission shall present to the European Parliament and Council a legislative proposal suspending the export adjustment or introducing any necessary modifications.
2022/02/08
Committee: ITRE
Amendment 616 #

2021/0214(COD)

Proposal for a regulation
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 that have 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, or undermining their effects, including on overall GHG emissions and on prices of the like products.
2022/02/08
Committee: ITRE
Amendment 618 #

2021/0214(COD)

Proposal for a regulation
Article 27 – paragraph 2 – point 1 (new)
(1) The practice, processor work referred to in the first subparagraph include, inter alia:
2022/02/08
Committee: ITRE
Amendment 619 #

2021/0214(COD)

Proposal for a regulation
Article 27 – paragraph 2 – subparagraph 1 (new)
(a) the slight modification of a product to make it fall under another customs code which are not subject to the obligations of this Regulation; b) false declarations regarding identity of the producer, the product concerned, the nature of the product concerned or the production process; (c) the consignment of the product concerned via third countries where no or more favourable obligations apply; (d) the reorganisation by exporters or producers of their patterns and channels of sales in order to avoid obligations of this Regulation, or undermine their effects, for instance via practices of resource shuffling. Resource shuffling shall be defined as any practice, process or work that 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 GHG emissions; (e) in the circumstances indicated in paragraph 2, the assembly of parts by an assembly operation in the Union or a third country.
2022/02/08
Committee: ITRE
Amendment 652 #

2021/0214(COD)

Proposal for a regulation
Article 30 – paragraph 2
2. Before the end of the transitional 2. period, the Commission shall present a report to the European Parliament and the Council on the application of this Regulation. The report shall contaThe Commission should evaluate the application of this Regulation before the end of the administrative transitional period and report to the European Parliament and the Council. The first 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 possibly extend the scope of Annex I to indirect emissions, as well as to other goods and services at risk of carbon leakage, such as finished goods, and to develop methods of calculating embedded emissions based on the environmental footprint methods: (a) the impact on competitiveness of European industry and downstream industry, impact on SMEs, possible disproportionate administrative burden, possible circumvention practices, distortion in trade patterns and possibilities to enhance climate actions towards a climate neutral Union by 2050. Accompanied by proposals to avoid negative impact on such sectors; (b) a proposal to avoid possible carbon leakage in export markets; (c) a proposal to extend the scope of this Regulation to finished goods containing goods listed in Annex I; to ensure competitiveness of European manufacturin,g in particular,dustry and prevent carbon leakage; (d) the assessment of 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. 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.
2022/02/08
Committee: ITRE
Amendment 667 #

2021/0214(COD)

Proposal for a regulation
Article 30 – paragraph 2 a (new)
2a. During the comprehensive transitional period, biannual between 2025-2030 and every year thereafter until 2035 the Commission shall evaluate the application of this Regulation and report to the European parliament and the Council. The Commission should in particular focus on: (a) the impact on European industry and downstream industry of sectors listed in Annex I, as well as on SMEs and possible additional administrative burden for SMEs; (b) the effectiveness of this Regulation in reducing carbon leakage and possible circumvention practices; and (c) the impact of CBAM on Union trade of goods listed in Annex I and possible distortion in trade patterns;
2022/02/08
Committee: ITRE
Amendment 674 #

2021/0214(COD)

Proposal for a regulation
Article 30 – paragraph 3 a (new)
3a. In case the CBAM is proven not to be efficient in lowering carbon leakage, the Commission shall present a new or revised legislative proposal aiming at lowering carbon leakage. Once the CBAM has fully demonstrated its WTO- compatibility, its effectiveness in equalising CO2 costs between imported and domestic products and in protecting the competitiveness of European exports, the free allocation received by these sectors should be gradually phased out, however not prior to 2030. This phase-out of free allocation should be kept under review in light of the entry into force and effective implementation of the Carbon Border Adjustment Mechanism.
2022/02/08
Committee: ITRE
Amendment 676 #

2021/0214(COD)

Proposal for a regulation
Article 30 – paragraph 3 b (new)
3b. In the event that the Commission in its annual report between 2031-2035 concludes that, the CBAM has been effectively implemented in a way that leads to a level of carbon leakage protection at least equivalent to that of the free allocation system which it replaces under this Article, the allowances placed in the Carbon Border Adjustment Reserve for the preceding calendar year shall be made available to support innovation in accordance with Article 10a(8) of Directive 2003/87/EC.
2022/02/08
Committee: ITRE
Amendment 677 #

2021/0214(COD)

Proposal for a regulation
Article 30 – paragraph 3 c (new)
3c. In the event that the Commission in its report concludes that the CBAM has not been effectively implemented in a way that leads to a level of carbon leakage protection at least equivalent to that of the free allocation system which it replaces, the allowances placed in the Carbon Border Adjustment Reserve for the preceding calendar year shall be reallocated to installations in accordance with Article10a(1) of Directive 2003/87/EC.
2022/02/08
Committee: ITRE
Amendment 695 #

2021/0214(COD)

Proposal for a regulation
Article 31 – paragraph 2 a (new)
2a. For the first years of operation of this Regulation, the production of products listed in Annex I shall benefit from free allocation in reduced amounts. A factor reducing the free allocation for the production of those products shall be applied (CBAM factor). The CBAM factor shall be equal to 100 % for the period between 2026 and the end of 2030, 80 % in 2031 and shall be reduced by 20 percentage points each year to reach 0 % by the fifth year.
2022/02/08
Committee: ITRE
Amendment 700 #

2021/0214(COD)

Proposal for a regulation
Article 32 – paragraph 1
During the administrative transitional period of this Regulation, the CBAM mechanism shall apply as a reporting obligation as set out in Articles 33 to 35.
2022/02/08
Committee: ITRE
Amendment 384 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 15 – point c
Directive 2003/87/EC
Article 12 – paragraph 3
(c) each shipping company surrenders a number of allowances equal to its total emissions during the preceding calendar year, as verified in accordance with Article 3gc. Shipping companies may surrender fewer allowances on the basis of ships’ ice class or navigation in ice or both in line with Annex X.
2022/02/08
Committee: ITRE
Amendment 386 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 15 – point c
To the extent that fewer allowances are surrendered compared to the verified emissions from maritime transport, once the difference between verified emissions and allowances surrendered has been established in respect of each year, a corresponding quantity of allowances shall be cancelled rather than auctioned pursuant to Article 10.
2022/02/08
Committee: ITRE
Amendment 451 #

2021/0211(COD)

Proposal for a directive - amending act
Annex I – paragraph 1 – point b – point ii – table
Directive 2003/87/EC
Annex I – Paragraph 1 - row 4
Production of iron (including sponge iron, HBI and pig iron) or steel (primary or secondary fusion) including continuous casting, with a capacity exceeding 2,5 tonnes per hour.
2022/02/08
Committee: ITRE
Amendment 174 #

2021/0210(COD)

Proposal for a regulation
Recital 1
(1) Maritime transport accounts for around 75% of EU external trade and 31% of EU internal trade in terms of volume. At the same time, ship traffic to or from ports in the European Economic Area accounts for some 11% of all EU CO2 emissions from transport and 3-4% of total EU CO2 emissions. 400 million passengers embark or disembark annually in ports of Member States, including around 14 million on cruise ships. Maritime transport is therefore an essential component of Europe’s transport system and plays a critical role for the European economy. The maritime transport market is subject to strong competition between economic actors in the Union and beyond for which a level playing field is indispensable. The stability and prosperity of the maritime transport market and its economic actors rely on a clear and harmonised policy framework where maritime transport operators, ports and other actors in the sector can operate on the basis of equal opportunities. Where market distortions occur, they risk putting ship operators or ports at a disadvantage compared to competitors within the maritime transport sector or in other transport sectors. In turn, this can result in a loss of competitiveness of the maritime transport industry, fewer jobs and a loss of connectivity for citizens and businesses
2022/02/18
Committee: ITRE
Amendment 175 #

2021/0210(COD)

Proposal for a regulation
Recital 1 a (new)
(1 a) The maritime sector employs 2 million Europeans and contributes 149 billion Euros to the economy. For every million Euros generated in the shipping industry, 1,8 million Euros is generated elsewhere in the EU economy. 1a _________________ 1aEuropean Community Shipowners’ Association report “The Economic Value of the EU Shipping Industry”, 2020.
2022/02/18
Committee: ITRE
Amendment 176 #

2021/0210(COD)

Proposal for a regulation
Recital 1 b (new)
(1 b) Maritime transport is the most environmentally friendly transport mode with significantly lower greenhouse gas emissions per tonne of goods transported compared to other modes.1b At the same time, ship traffic to or from ports in the European Economic Area accounts for some 11% of all EU CO2 emissions from transport and 3-4% of total EU CO2 emissions. _________________ 1b European Environment Agency study,2020, https://www.eea.europa.eu/publications/ra il-and-waterborne-transport
2022/02/18
Committee: ITRE
Amendment 178 #

2021/0210(COD)

Proposal for a regulation
Recital 2
(2) To enhance the Union’s climate commitment under the Paris Agreement and set out the steps to be taken to achieve climate neutrality by 2050, and to translate the political commitment into a legal obligation, the Commission adopted the (amended) proposal for a Regulation of the European Parliament and of the Council on establishing the framework for achieving climate neutrality and amending Regulation (EU) 2018/1999 (European Climate Law)19 as well as the Communication ‘Stepping up Europe’s 2030 climate ambition’20 . This also integrates the target of reducing greenhouse gas (GHG) emissions by at least 55% compared to 1990 levels by 2030. Accordingly, various complementary policy instruments are needed to motivate the use of sustainably produced renewable and low-carbon fuels, included in the maritime transport sector. The necessary technology development and deployment has to happenbe under way by 2030 to prepare for much more rapid change thereafter. _________________ 19 COM(2020) 563 final 20 COM(2020) 562 final
2022/02/18
Committee: ITRE
Amendment 182 #

2021/0210(COD)

Proposal for a regulation
Recital 3
(3) In the context of fuel transition to renewable and low carbon fuels and substitute sources of energy, it is essential to ensure the proper functioning of and fair competition in the EU maritime transport market regarding marine fuels, which account for a substantial share of ship operators’ costs - typically between 35% and 53% of shipping freight rates. Differences in fuel requirements across Member States of the Union can significantly affect ship operators’ economic performance and negatively impact competition in the market. Due to the international nature of shipping, ship operators may easily bunker in third countries and carry large amounts of fuel. This may lead to carbon leakage and detrimental effects on the competitiveness of the sector if the availability of renewable and low carbon fuels in maritime ports under the jurisdiction of a Member State is not accompanied by requirements for their use that apply to all ship operators arriving at and departing from ports under the jurisdiction of Member States. This Regulation should lay down measures to ensure that the penetration of renewable low-carbon fuels in the marine fuels market takes place under the conditions of fair competition on the EU maritime transport market.
2022/02/18
Committee: ITRE
Amendment 185 #

2021/0210(COD)

Proposal for a regulation
Recital 3 a (new)
(3 a) The maritime sector is characterized by fierce international competition, and major differences in regulatory burdens across flag states have exacerbated unwanted practices such as the reflagging of vessels. The sector's intrinsic global character underlines the importance of a favourable regulatory environment, which is a precondition for attracting new investments and safeguarding the competitiveness of European ports, ship owners and operators.
2022/02/18
Committee: ITRE
Amendment 187 #

2021/0210(COD)

Proposal for a regulation
Recital 4 a (new)
(4 a) Given that this Regulation will impose additional compliance costs on the sector, compensatory actions need to be taken in order to prevent the total level of regulatory burden from increasing. The Commission should therefore be obliged to 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 EU legislative acts that generate compliance costs for the maritime sector.
2022/02/18
Committee: ITRE
Amendment 188 #

2021/0210(COD)

Proposal for a regulation
Recital 4 b (new)
(4 b) The FuelEU Maritime Regulation should be closely aligned and consistent with the proposal for a Regulation XXXX- XXX (Alternative Fuels Infrastructure Regulation), the proposal for a revision of Directive 2003/87/EC (EUETS), Directive XXXX-XXX (Renewable Energy Directive), and the proposal for a revision of Directive 2003/96/EC (Energy Taxation Directive), in order to ensure a coherent legislative framework for the shipping ecosystem, that contributes to massively increasing the production of alternative fuels, ensures the deployment of the necessary infrastructure and incentivises the use of these fuels in a steadily growing share of vessels.
2022/02/18
Committee: ITRE
Amendment 189 #

2021/0210(COD)

Proposal for a regulation
Recital 4 c (new)
(4 c) The obligation for ports to provide on-shore power supply should be complemented by a corresponding obligation for ships to connect to such charging infrastructure while at berth, in order to ensure effectiveness and avoid stranded assets. Furthermore, the costs associated with on-shore charging should be reduced by permanently exempting electricity supplied to vessels in port from taxation through revisions of the Energy Taxation Directive (XXXX-XXX).
2022/02/18
Committee: ITRE
Amendment 192 #

2021/0210(COD)

Proposal for a regulation
Recital 5 a (new)
(5 a) To ensure a level playing field for ships built to operate in ice-covered waters on their way to, from or between Member State ports, specific information relating to a ship's ice class, and to its navigation through ice, should be considered when calculating GHG emission reductions on a vessel basis, as well as in the data monitored and reported on the basis of the EU MRV Regulation (2015/757).
2022/02/18
Committee: ITRE
Amendment 198 #

2021/0210(COD)

Proposal for a regulation
Recital 9
(9) While instruments such as carbon pricing or targets on the carbon intensity of activity promote improvements in energy efficiency, they are not suited to bring about a significant shift towards renewable and low-carbon fuels in the short and medium term. A specific regulatory approach dedicated to the deployment of renewable and low-carbon marine fuels and substitute sources of energy, such as wind or fossil free electricity, is therefore necessary.
2022/02/18
Committee: ITRE
Amendment 207 #

2021/0210(COD)

Proposal for a regulation
Recital 11
(11) Development and deployment of renewable and low carbon fuels and propulsion technologies with a high potential for sustainability, commercial maturity and a high potential for innovation and growth to meet future needs should be promoted. This will support creating innovative and competitive fuels markets and ensure sufficient supply of sustainable maritime fuels in the short and long term to contribute to Union transport decarbonisation ambitions, while strengthening Union’s efforts towards a high level of environmental protection. For this purpose, sustainable maritime fuels produced from feedstock listed in Parts A and B of Annex IX of Directive (EU) 2018/2001, as well as synthetic maritime fuels should be eligible. In particular, sustainable maritime fuels produced from feedstock listed in Part B of Annex IX of Directive (EU) 2018/2001 are essential, as currently the most commercially mature technology to decarbonise martime transport already in the short term.
2022/02/18
Committee: ITRE
Amendment 208 #

2021/0210(COD)

Proposal for a regulation
Recital 12
(12) Indirect land-use change occurs when the cultivation of crops for biofuels, bioliquids and biomass fuels displaces traditional production of crops for food and feed purposes. Such additional demand increases the pressure on land and can lead to the extension of agricultural land into areas with high- carbon stock, such as forests, wetlands and peatland, causing additional greenhouse gas emissions and loss of biodiversity. Research has shown that the scale of the effect depends on a variety of factors, including the type of feedstock used for fuel production, the level of additional demand for feedstock triggered by the use of biofuels, bioliquids and biomass fuels, and the extent to which land with high-carbon stock is protected worldwide. The level of greenhouse gas emissions caused by indirect land-use change cannot be unequivocally determined with the level of precision required for the establishment of emission factors required by the application of this regulation. However, there is evidence that all fuels produced from feedstock cause indirect land-use change to various degrees. In addition to the greenhouse gas emissions linked to indirect land-use change – which is capable of negating some or all greenhouse gas emissions savings of individual biofuels, bioliquids or biomass fuels – indirect land-use change poses risks to biodiversity. This risk is particularly serious in connection with a potentially large expansion of production determined by a significant increase in demand. Accordingly, no feed and food crop-based fuels should be promoted. Directive (EU) 2018/2001 already limits and sets a cap on the contribution of such biofuels, bioliquids and biomass to the GHG emissions savings targets in the road and rail transport sector considering their lower environmental benefits, lower performance in terms of greenhouse reduction potential and broader sustainability concerns.deleted
2022/02/18
Committee: ITRE
Amendment 210 #

2021/0210(COD)

Proposal for a regulation
Recital 13
(13) However, this approach must be stricter in the maritime sector. The maritime sector has currently insignificant levels of demand for food and feed crops-based biofuels, bioliquids and biomass fuels, since over 99% of currently used marine fuels are of fossil origin. Therefore, the non-eligibility of food and feed crop-based fuels under this Regulation also minimises any risk to slow down the decarbonisation of the transport sector, which could otherwise result from a shift of crop-based biofuels from the road to the maritime sector. It is essential to minimise such a shift, as road transport currently remains by far the most polluting transport sector and the maritime transport currently uses predominanetly fuels of fossil origin. It is therefore appropriate to avoid the creation of a potentially large demand of food and feed crops-based biofuels, bioliquids and biomass fuels by promoting their use under this Regulation. Accordingly, the additional greenhouse gas emissions and loss of biodiversity caused by all types of feed and food crop-based fuels require that these fuels be considered to have the same emission factors as the least favourable pathway.deleted
2022/02/18
Committee: ITRE
Amendment 214 #

2021/0210(COD)

Proposal for a regulation
Recital 14
(14) The long lead times associated to the development and deployment of new fuels and energy solutions for maritime transport require rapid action and the establishment of a clear and predictable long-term regulatory framework facilitating planning and investment from all the stakeholders concerned. A clear and stable long-term regulatory framework will facilitate the development and deployment of new fuels and energy solutions for maritime transport, and encourage investment from stakeholders. Such framework should define limits for the greenhouse gas intensity of the energy used on-board by ships, both during navigation and at berth, until 2050. Those limits should become more ambitious over time to reflect the expected technology development and increased production of marine renewable and low carbon fuels. To ensure legal certainty and provide sufficient time for the sector to plan and prepare the long term, as well as to avoid stranded assets, possible future reviews of this Regulation should be limited in scope and avoid significant changes to the requirements.
2022/02/18
Committee: ITRE
Amendment 221 #

2021/0210(COD)

Proposal for a regulation
Recital 15
(15) This Regulation should establish the methodology and the formula that should apply to calculate the yearly average greenhouse gas intensity of the energy used on-board by a ship. This formula should be based on the fuel consumption reported by ships and consider the relevant emission factors of these fuels. The use of substitute sources of energy, such as wind or fossil free electricity, should also be reflected in the methodology.
2022/02/18
Committee: ITRE
Amendment 224 #

2021/0210(COD)

Proposal for a regulation
Recital 17
(17) The well-to-wake performance of renewable and low-carbon maritime fuels should be established using default or actual and certified emission factors covering the well-to-tank and tank- to-wake emissions. The performance of fossil fuels should however only be assessed through the use of default emission factors as provided for by this Regulation.
2022/02/18
Committee: ITRE
Amendment 229 #

2021/0210(COD)

Proposal for a regulation
Recital 19
(19) The use of renewable and fossil free energy sources and alternative propulsion, such asincluding, but not limited to, wind and solar energy, greatly reduces the greenhouse gas intensity of the overall ship energy use. The difficulty to accurately measure and quantify these energy sources (intermittence of the energy use, direct transfer as propulsion, etc.) should not impede their recognition in the overall ship energy use through means of approximations of their contribution to the ship’s energy balance.
2022/02/18
Committee: ITRE
Amendment 233 #

2021/0210(COD)

Proposal for a regulation
Recital 21
(21) The use of on-shore power supply (OPS) abates air pollution produced by ships as well as reduces the amount of GHG emissions generated by maritime transport when at berth. OPS represents an increasingly clean power supply available to ships at berth, in view of the growing renewables share in the EU electricity mix. While only the provision on OPS connection points is covered by Directive 2014/94/EU (Alternative Fuels Infrastructure Directive – AFID), the demand for and, as a result, the deployment of this technology has remained limited. Therefore specific rules should be established to mandate the use of OPS by the most polluting ships in situations where it effectively reduces emissions at a reasonable cost.
2022/02/18
Committee: ITRE
Amendment 237 #

2021/0210(COD)

(23) Exceptions to the use of OPS should also be provided for a number of objective reasons, certified by the managing body of the port of call and, the terminal operator and/or the competent authority, depending on the governance model for ports in the different Member States. These exceptions should be limited to unscheduled port calls for reasons of safety or saving life at sea, for short stays of ships at berth of less than two hours as this is the minimum time required for connection, and for the use of on-board energy generation under emergency situations. In case it is impossible to supply sufficient on-shore power due to weak capacity in the local grid connecting to the port, this should not be considered as a failure neither of the port nor of the ship operator to comply with the requirements of this Regulation, as long as the insufficient local grid capacity is duly attested by the grid manager to the verifiers.
2022/02/18
Committee: ITRE
Amendment 240 #

2021/0210(COD)

Proposal for a regulation
Recital 24
(24) Exceptions in case of unavailability or incompatibility of OPS should be limited after ship and port operators have had sufficient time to make the necessary investments, in order to provide the necessary incentives for those investments and avoid unfair competition. Ports should equip their births, and ship owners their vessels, with power installations that comply with applicable standards, in order to ensure that the systems are fully compatible. As of 2035, ship operators should plan carefully their calls on TEN-T ports callsovered by the Regulation XXXX- XXX (Alternative Fuels Infrastructure Regulation) to make sure that they can carry out their activities without emitting air pollutants and GHG at berth and compromise the environment in coastal areas and port cities. A limited number of exceptions in case of unavailability or incompatibility of OPS should be maintained in order to provide the possibility for occasional last-minute changes in port call schedules and calls in ports with incompatible equipment.
2022/02/18
Committee: ITRE
Amendment 242 #

2021/0210(COD)

Proposal for a regulation
Recital 24 a (new)
(24 a) The targets for provision of OPS laid down in Regulation XXXX-XXX (Alternative Fuels Infrastructure Regulation) take into account the types of vessels served and the respective traffic volumes of maritime ports. The requirement for ships to connect to OPS while at berth should not apply to vessels when calling on ports exempted from the OPS requirement in the Alternative Fuels Infrastructure Regulation.
2022/02/18
Committee: ITRE
Amendment 243 #

2021/0210(COD)

Proposal for a regulation
Recital 24 b (new)
(24 b) Even if on-shore power supply is an important tool to reduce local emissions of air pollutants, its potential to reduce greenhouse gases depend entirely on the energy mix that is fed through the cables. To realise the full climate and environmental potential of OPS, Member States must continue to reduce the GHG intensity of their energy mixes and provide ports with priceworthy, plannable and fossil free electricity.
2022/02/18
Committee: ITRE
Amendment 244 #

2021/0210(COD)

Proposal for a regulation
Recital 24 c (new)
(24 c) The implementation of this Regulation should take due consideration of the diverse governance models for ports across the Union, in particular as regards the responsibility for issuing a certificate exempting a vessel from the obligation to connect to OPS.
2022/02/18
Committee: ITRE
Amendment 245 #

2021/0210(COD)

Proposal for a regulation
Recital 24 d (new)
(24 d) Coordination between ports and ship operators is crucial to ensure smooth connection procedures to on-shore power in ports. Ship operators should inform the ports they call at about their intentions to connect to on-shore power, their power needs during the given call, in particular when those exceed the estimated needs for this ship category.
2022/02/18
Committee: ITRE
Amendment 256 #

2021/0210(COD)

Proposal for a regulation
Recital 37
(37) The revenues generated from the payment of penalties should be used to promote the distribution and use of renewable and low-carbon fuels and propulsion technologies in the maritime sector and help maritime operators to meet their climate and environmental goals. For this purpose these revenues should be allocated to the the Innovation Fund referred to in Article 10a(8) of Directive 2003/87/EC.
2022/02/18
Committee: ITRE
Amendment 257 #

2021/0210(COD)

Proposal for a regulation
Recital 39
(39) Given the importance of consequences that the measures taken by the verifiers under this Regulation may have for the companies concerned, in particular regarding the determination of non-compliant port calls, the compilation of information for the calculation of the amounts of penalties and refusal to issue a FuelEU certificate of compliance, those companies should be entitled to apply for a review of such measures to the competent authority in the Member State where the verifier was accredited. In the light of the fundamental right to an effective remedy, enshrined in Article 47 of the Charter of Fundamental Rights of the European Union, decisions taken by the competent authorities and the managing bodies of the port under this Regulation should be subject to judicial review, carried out in accordance with the national law of the Member State concerned.
2022/02/18
Committee: ITRE
Amendment 259 #

2021/0210(COD)

Proposal for a regulation
Recital 40
(40) In order to maintain a level playing field through the efficient functioning of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amendment of the list of well- to-wake emission factors, amendment of the list of the applicable zero-emission technologies or criteria for their use, to establish the rules on conducting the laboratory testing and direct emissions measurements, adaptation of the penalty factor, accreditation of verifiers, adaptation of the penalty factor,establishing the rules on conducting the laboratory testing and direct emissions measurements, accreditation of verifiers and modalities for the payment of penalties. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
2022/02/18
Committee: ITRE
Amendment 264 #

2021/0210(COD)

Proposal for a regulation
Recital 42
(42) Given the international dimension of the maritime sector, a global approach to limiting the greenhouse gas intensity of the energy used by ships is preferable as it cwould be regarded assignificantly more effective due to its broader scope. In this context, and with a view to facilitating the development of international rules within the International Maritime Organisation (IMO), the Commission should share relevant information on the implementation of this Regulation with the IMO and other relevant international bodies and relevant submissions should be made to the IMO. Where an agreement on a global aproach is reached on matters of relevance to this Regulation, the Commission should review the present Regulation with a view to aligning it, where appropriate,to align it with the international rules.
2022/02/18
Committee: ITRE
Amendment 289 #

2021/0210(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point h
(h) ‘substitute sources of energy’ means renewable wind or solaror fossil free energy generated on-board or electricity supplied from on-shore power supply;
2022/02/18
Committee: ITRE
Amendment 292 #

2021/0210(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point m
(m) ‘ship at berth’ means a ship at bwhich is securely moored along a quay in a port falling under th as defined in Article 3, point (n) of Regulation (EU) 2015/757;e jurisdiction of a Member State while it is loading, unloading or hotelling, including the time spent when not engaged in cargo operations
2022/02/18
Committee: ITRE
Amendment 294 #

2021/0210(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point n
(n) ‘energy use on-board’ means the amount of energy, expressed in mega joules (MJ), used by a ship for propulsion and for the operation of any on-board equipment, at sea or at berth without the additional energy used due to technical characteristics of a ship having the ice class IA or IA Super or an equivalent ice class and the additional energy used by a ship having the ice class IC, IB, IA or IA Super or an equivalent ice class due to sailing in ice conditions;
2022/02/18
Committee: ITRE
Amendment 296 #

2021/0210(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point q a (new)
(q a) ‘ice class’ means the notation assigned to the ship by the competent national authorities of the flag State or an organisation recognised by that State, showing that the ship has been designed for navigation in sea-ice conditions.
2022/02/18
Committee: ITRE
Amendment 299 #

2021/0210(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point q b (new)
(q b) 'sailing in ice conditions' means sailing of an ice-classed ship in a sea area within the ice edge;
2022/02/18
Committee: ITRE
Amendment 300 #

2021/0210(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point q c (new)
(q c) 'ice edge' means, in accordance with paragraph 4.4. of the WMO Sea-Ice Nomenclature of March 2014, the demarcation at any given time between the open sea and sea ice of any kind, whether fast or drifting;
2022/02/18
Committee: ITRE
Amendment 302 #

2021/0210(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point r
(r) ‘on-shore power supply’ means the system to supply electricity to ships at berth, at low or high voltage, alternate or direct current, including ship side and shore side installations, when feeding directly the ship main distribution switchboard for powering hotel, service workloads or charging secondary batteries;
2022/02/18
Committee: ITRE
Amendment 321 #

2021/0210(COD)

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1
[Asterix: The reference value, which calculation will be carried out at a later stage of the legislative procedure, corresponds to the EU fleet average greenhouse gas intensity of the energy used on-board by ships in 202019 determined on the basis data monitored and reported in the framework of Regulation (EU) 2015/757 and using the methodology and default values laid down in Annex I to that Regulation.]
2022/02/18
Committee: ITRE
Amendment 324 #

2021/0210(COD)

Proposal for a regulation
Article 4 – paragraph 3
3. The greenhouse gas intensity of the energy used on-board by a ship shall be calculated as the amount of greenhouse gas emissions per unit of energy according to the methodology specified in Annex I, including a correction factor for ice classed ships, deducting the higher fuel consumption linked to ice navigation. As a basis for the calculation of emission factors, default values are provided in Annex II of this Regulation. These default values may be replaced by actual values certified by means of laboratory testing or direct emissions measurements.
2022/02/18
Committee: ITRE
Amendment 335 #

2021/0210(COD)

Proposal for a regulation
Article 5 – paragraph 1
1. From 1 January 2030, a ship at berth in a port of call under the jurisdiction of a Member Statecovered by Article 9 of the Alternative Fuels Infrastructure Regulation shall connect to on-shore power supply and use it for all energits electricity needs while at berth, with exemption for auxiliary boilers.
2022/02/18
Committee: ITRE
Amendment 344 #

2021/0210(COD)

Proposal for a regulation
Article 5 – paragraph 3 – point a a (new)
(a a) that were estimated to be at berth for less than two hours, but were hindered from departing within that timeframe due to unforeseeable events outside the operator’s control.
2022/02/18
Committee: ITRE
Amendment 345 #

2021/0210(COD)

Proposal for a regulation
Article 5 – paragraph 3 – point c
(c) that have to make an unscheduled port call for reasons of safety or saving life at sea or in emergency situations or under conditions of force majeure;
2022/02/18
Committee: ITRE
Amendment 350 #

2021/0210(COD)

Proposal for a regulation
Article 5 – paragraph 3 a (new)
3 a. Ship operators shall inform the ports they call at about their intentions to connect to on-shore power and indicate the amount of power they require during the given call.
2022/02/18
Committee: ITRE
Amendment 351 #

2021/0210(COD)

Proposal for a regulation
Article 5 – paragraph 4
4. The Commission is empowered to adopt delegated acts in accordance with Article 26 to amend Annex III in order to insert references to new technologies in the list of applicable zero-emission technologies or criteria for their use, where these new technologies are found equivalent to the technologies listed in that Annex in the light of scientific and technical progress.
2022/02/18
Committee: ITRE
Amendment 352 #

2021/0210(COD)

Proposal for a regulation
Article 5 – paragraph 5
5. The managing body of the port of call, or where applicable the terminal operator or the competent authority, shall determine whether the exceptions set in paragraph 3 apply and issue or refuse to issue the certificate in accordance with the requirements set out in Annex IV.
2022/02/18
Committee: ITRE
Amendment 355 #

2021/0210(COD)

Proposal for a regulation
Article 5 – paragraph 6
6. From 1 January 2035, the exceptions listed in paragraph 3, points (d) and (e), may not be applied to a given ship, in total, more than five times during one reporting year. A port call shall not be counted for the purpose of compliance with this provision where the company demonstrates that it could not have reasonably known that the ship will be unable to connect for reasons referred to in paragraph 3, points (d) and (e).
2022/02/18
Committee: ITRE
Amendment 360 #

2021/0210(COD)

Proposal for a regulation
Article 7 – paragraph 3 – point l a (new)
(l a) information on the ice class of the ship, if the additional energy due to the ship's ice class is to be left out from the scope of the energy used on-board;
2022/02/18
Committee: ITRE
Amendment 362 #

2021/0210(COD)

Proposal for a regulation
Article 7 – paragraph 3 – point l b (new)
(l b) a description of the procedure for monitoring the distance travelled for the whole voyage and when sailing in ice conditions, the date and time when sailing in ice conditions, the fuel consumption and the energy provided by substitute sources of energy or a zero emission technology as specified in Annex III when sailing in ice conditions, if the additional energy due to sailing in ice conditions is to be left out from the scope of the energy used on-board.
2022/02/18
Committee: ITRE
Amendment 363 #

2021/0210(COD)

Proposal for a regulation
Article 8 a (new)
Article 8 a Certification of fossil fuels 1. Companies shall be entitled to divert from the established default values for the tank-to-wake emission factors provided that actual values are certified by means of laboratory testing or direct emissions measurements. The Commission is empowered to adopt delegated acts to supplement this Regulation by establishing the rules on conducting the laboratory testing and direct emissions measurements. 2. Companies shall be entitled to divert from the established default values for the well-to-tank emission factors provided that actual values are certified. The Commission is empowered to adopt delegated acts to supplement this Regulation by establishing the rules on certifying actual well-to-tank emissions.
2022/02/18
Committee: ITRE
Amendment 373 #

2021/0210(COD)

Proposal for a regulation
Article 9 – paragraph 1 – point c
(c) biofuels and biogas that do not comply with point (a) or that are produced from food and feed crops shall be considered to have the same emission factors as the least favourable fossil fuel pathway for this type of fuel;
2022/02/18
Committee: ITRE
Amendment 379 #

2021/0210(COD)

Proposal for a regulation
Article 14 – paragraph 1 – point c
(c) the amount of each type of fuel consumed at berth, in port and at sea;
2022/02/18
Committee: ITRE
Amendment 381 #

2021/0210(COD)

(e a) the ship's ice class, if the additional energy due to ship's ice class is to be left out from the scope of the energy used on-board;
2022/02/18
Committee: ITRE
Amendment 382 #

2021/0210(COD)

Proposal for a regulation
Article 14 – paragraph 1 – point e b (new)
(e b) the date and time when sailing in ice conditions, the amount of each type of fuel consumed when sailing in ice conditions, the amount of each type of substitute source of energy consumed when sailing in ice conditions, the distance travelled when sailing in ice conditions, the distance travelled during the voyage, the amount of each type of fuel consumed at sea, the amount of each type of substitute source of energy consumed at sea, if the additional energy due to sailing in ice conditions is to be left out from the scope of the energy used on- board;
2022/02/18
Committee: ITRE
Amendment 385 #

2021/0210(COD)

Proposal for a regulation
Article 15 – paragraph 2 – point d
(d) calculate the amount of the penalties referred to in Article 20(1) and (2).deleted
2022/02/18
Committee: ITRE
Amendment 386 #

2021/0210(COD)

(d a) compile the aforementioned information and submit it to the Member State’s competent authority.
2022/02/18
Committee: ITRE
Amendment 387 #

2021/0210(COD)

Proposal for a regulation
Article 15 – paragraph 3 a (new)
3 a. On the basis of the information provided by the verifier, the Member State’s competent authority shall calculate the amount of the penalties referred to in Article 20(1) and (2).
2022/02/18
Committee: ITRE
Amendment 388 #

2021/0210(COD)

Proposal for a regulation
Article 16 – paragraph 1
1. The Commission shall develop, 1. ensure functioning and update an electronic compliance database, within the THETIS- MRV module, for the monitoring of compliance with Articles 4 and 5. The compliance database shall be used to keep a record of the compliance balance of the ships and the use of the flexibility mechanisms set out in Articles 17 and 18. It shall be accessible to the companies, the verifiers, the competent authorities and the Commission.
2022/02/18
Committee: ITRE
Amendment 393 #

2021/0210(COD)

Proposal for a regulation
Article 17 – paragraph 2 – introductory part
2. Where the ship has a compliance deficit for the reporting period, the company may borrow an advance compliance surplus of the corresponding amount from the following reporting period. The advance compliance surplus shall be added to the ship’s balance in the reporting period and subtracted from the same ship’s balance in the following reporting period. The amount to be subtracted in the following reporting period shall be equal to the advance compliance surplus multiplied by 1.1. The advance compliance surplus may not be borrowed:
2022/02/18
Committee: ITRE
Amendment 398 #

2021/0210(COD)

Proposal for a regulation
Article 20 – paragraph 2
2. The company shall pay a penalty for each non-compliant port call. The verifier shallMember State’s competent authority shall, based on the information provided by the verifier, calculate the amount of the penalty by multiplying the amount of EUR 250 by megawatts of power installed on- board and by the number of completed hours spent at berth.
2022/02/18
Committee: ITRE
Amendment 400 #

2021/0210(COD)

Proposal for a regulation
Article 20 – paragraph 4
4. The Commission is empowered to adopt delegated acts in accordance with Article 26 to amend Annex V in order to adapt the formula referred to in paragraph 1 of this Article, and to amend the amount of the fixed penalty laid down in paragraph 2 of this Article, taking into account the developments in the cost of energy.
2022/02/18
Committee: ITRE
Amendment 405 #

2021/0210(COD)

Proposal for a regulation
Article 21 – paragraph 2
2. The revenues generated from penalties referred to in paragraph 1 shall be allocated to the the Innovation Fund referred to in Article 10a(8) of Directive 2003/87/EC and should be used to promote the distribution and use of renewable and low-carbon fuels and propulsion technologies in the maritime sector. These revenues shall constitute external assigned revenue in accordance with Article 21(5) of the Financial Regulation, and shall be implemented in accordance with the rules applicable to the Innovation Fund.
2022/02/18
Committee: ITRE
Amendment 410 #

2021/0210(COD)

Proposal for a regulation
Article 26 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 4(6), 5(4), 9(3), 13(3), 20(4), and 21(3) shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Regulation].
2022/02/18
Committee: ITRE
Amendment 411 #

2021/0210(COD)

Proposal for a regulation
Article 26 – paragraph 3
3. The delegation of power referred to in Articles 4(7), 5(4), 9(3), 13(3), 20(4), and 21(3) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
2022/02/18
Committee: ITRE
Amendment 412 #

2021/0210(COD)

Proposal for a regulation
Article 26 – paragraph 6
6. A delegated act adopted pursuant to Articles 4(7), 5(4), 9(3), 13(3), 20(4), and 21(3) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
2022/02/18
Committee: ITRE
Amendment 413 #

2021/0210(COD)

Proposal for a regulation
Article 28 – paragraph 1 – introductory part
1. The Commission shall report to the European Parliament and the Council, by 1 January 2030, and every three years thereafter until 2050, the results of an evaluation on the functioning of this Regulation and the evolution of the technologies and market for renewable and low-carbon fuels in maritime transport and its impact on the maritime sector in the Union, with emphasis on this Regulation’s impact on the functioning of the single market, the sector’s competitiveness, transport freight rates and the magnitude of carbon leakage. The Commission shall consider possible amendments to:
2022/02/18
Committee: ITRE
Amendment 417 #

2021/0210(COD)

Proposal for a regulation
Article 28 – paragraph 1 – point a
(a) the limit referred to in Article 4(2);deleted
2022/02/18
Committee: ITRE
Amendment 419 #

2021/0210(COD)

Proposal for a regulation
Article 28 – paragraph 1 – point a a (new)
(a a) the scope of this Regulation in terms of: - the gross tonnage threshold referred to in Article 2, and - the share of energy used by ships in voyage to and from third countries referred to in Article 2 point (c).
2022/02/18
Committee: ITRE
Amendment 420 #

2021/0210(COD)

Proposal for a regulation
Article 28 – paragraph 1 a (new)
1 a. The Commission shall report to the European Parliament and the Council, by 1 January 2030, and every fifth year until 2050, the results of a comprehensive evaluation of the aggregated macroeconomic impact of the Fit for 55 legislative package,1a with particular emphasis on the effects on the Union’s competitiveness, job creation, transport freight rates, household purchasing power and the magnitude of carbon leakage. _________________ 1aCommunication from the Commission (COM/2021/550), 14 July 2021.
2022/02/18
Committee: ITRE
Amendment 421 #

2021/0210(COD)

Proposal for a regulation
Article 28 – paragraph 1 b (new)
1 b. The Commission shall consider possible amendments to this Regulation with regards to regulatory simplification. The Commission and the competent authorities shall continuously adapt to best practice administrative procedures and take all measures to simplify the enforcement of this Regulation, keeping administrative burdens to a minimum for ship owners, operators, ports and verifiers.
2022/02/18
Committee: ITRE
Amendment 422 #

2021/0210(COD)

Proposal for a regulation
Article 28 – paragraph 1 c (new)
1 c. The Commission shall propose amendments to this Regulation in the event the International Maritime Organization adopts global carbon emission standards, in order to fully align the respective provisions.
2022/02/18
Committee: ITRE
Amendment 424 #

2021/0210(COD)

Proposal for a regulation
Article 28 a (new)
Article 28 a Compensatory regulatory reduction The Commission shall present, by 1 January 2024, and in line with its communication on the application of the “one in, one out” principle,1a proposals offsetting the regulatory burdens introduced by this Regulation, through the revision or abolishment of provisions in other EU legislative acts that generate compliance costs in the maritime sector. _________________ 1a EC press release on the working methods of the von der Leyen Commission, 4 December 2019.
2022/02/18
Committee: ITRE
Amendment 17 #

2021/0206(COD)

Proposal for a regulation
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. The economic incentives in the form of direct income support should be conditional on the inclusion of greenhouse gas emissions from buildings and road transport into the scope of Directive 2003/87/EC. 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. _________________ 31Directive 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).
2022/02/11
Committee: ITRE
Amendment 52 #

2021/0206(COD)

Proposal for a regulation
Recital 13
(13) A Social Climate (‘the Fund’) should therefore be established to provide funds to the Member States to support their policies to address the social impacts of the emissions trading for buildings and road transport on vulnerable households, vulnerable micro-enterprises and vulnerable transport users. This should be achievedonly be done if buildings and road transport are included in the scope of Directive 2003/87/EC, notably through temporary income support and measures and investments intended to reduce reliance on fossil fuels through increased energy efficiency of buildings, decarbonisation of heating and cooling of buildings, including the integration of energy from renewable sources, and granting improved access to zero- and low-emission mobility and transport to the benefit of vulnerable households, vulnerable micro-enterprises and vulnerable transport users.
2022/02/11
Committee: ITRE
Amendment 62 #

2021/0206(COD)

Proposal for a regulation
Recital 13 a (new)
(13 a) However, the possible establishment of the Fund is conditional on the establishment of Directive 2003/87/EC and the inclusion of buildings and road transport in its scope, hence the Fund cannot be justified without this scheme for buildings and road transport.
2022/02/11
Committee: ITRE
Amendment 129 #

2021/0206(COD)

Proposal for a regulation
Article 1 – paragraph 3 a (new)
The establishment of this Fund shall be conditioned on the inclusion of buildings and road transport in Directive 2003/87/EC.
2022/02/11
Committee: ITRE
Amendment 29 #

2021/0201(COD)

Proposal for a regulation
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 equivalentequivalent 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. 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 2018,20 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).
2022/01/28
Committee: ITRE
Amendment 47 #

2021/0201(COD)

Proposal for a regulation
Recital 8
(8) The land sector has the potential to become rapidly climate-neutral by 2035 in a cost-effective manner, and subsequently generate more greenhouse gas removals than emissions. A collectiMember State level 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 within an indicative range, ensuring that the Union-wideMember State level 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 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).
2022/01/28
Committee: ITRE
Amendment 48 #

2021/0201(COD)

Proposal for a regulation
Recital 8
(8) The land sector has the potential to become rapidly climate-neutral by 2035 in a cost-effective manner, and subsequently generate more greenhouse gas removals than emissions. A collectivMember State 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 within an indicative range, ensuring that the Union-widenational targets 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 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).
2022/01/28
Committee: ITRE
Amendment 56 #

2021/0201(COD)

Proposal for a regulation
Recital 10
(10) In order to enhance greenhouse gas removals, individual farmers or forest managers need a direct incentive to store more carbon on their land and their forests. Individual farmers and forest owners need access to growing media constituents, which support carbon sequestration while protecting European food production and agriculture. New business models based on carbon farming incentives and on the certification of carbon removals need to be increasingly deployed in the period until 2030. Such incentives and business models will enhance climate mitigation in the bio- economy, including through the use of durable harvested wood products, in full respect of ecological principles fostering biodiversity and the circular economy. Hence, new categories of carbon storage products should be introduced in addition to the harvested wood products. The emerging business models, farming and land management practices to enhance removals contribute to a balanced territorial development and economic growth in rural areas. They also create where SMEs and family businesses are increasingly facing locational disadvantage due to inadequate infrastructure and lack of investments. A fair transition requires maintaining the industrial SME sector as a social stabiliser in these areas, creating opportunities for new jobs and provideing incentives for relevant training, reskilling and upskilling.
2022/01/28
Committee: ITRE
Amendment 93 #

2021/0201(COD)

Proposal for a regulation
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 total level of regulatory burden from increasing. The Commission should therefore be obliged to 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.
2022/01/28
Committee: ITRE
Amendment 96 #

2021/0201(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EU) 2018/841
Article 1 – paragraph 1 – point c
(c) a UnionNational indicative targets for net greenhouse gas removals in the land use, land use change and forestry sector for the period from 2026 to 2030;
2022/01/28
Committee: ITRE
Amendment 134 #

2021/0201(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 3
The 2030 Union target for net greenhouse gas removals is 310 million tonnes CO2 equivalent as aequivalent to a 15 % increase in average greenhouse gas emissions and removals from the years 2018, 2019 and 2020, and which equates to 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.
2022/01/28
Committee: ITRE
Amendment 145 #

2021/0201(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EU) 2018/841
Article 4 – paragraph 3 – subparagraph 1
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 a 15 % increase of the average greenhouse gas emissions and removals from the years 2018, 2019 and 2020, and as a sum of the indicative 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.
2022/01/28
Committee: ITRE
Amendment 156 #

2021/0201(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 3
The Union-wide greenhouse gas emissions in the sectors set out in Article 2(3), points (a) to (j), 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 measures to enable the collective achievement of the target for 2035. The land based carbon removals should be available for other sectors as per the Union regulatory framework for the certification of carbon removals.
2022/01/28
Committee: ITRE
Amendment 174 #

2021/0201(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point b
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 harvested wood products, that have a carbon sequestration effect, 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. As a party of the Paris Agreement, the Union shall implement Article 6 of the Paris Agreement and demonstrate how Internationally Transferred Mitigation Outcomes (ITMOs) originating from the Union are aligned with the LULUCF accounting framework.;
2022/01/28
Committee: ITRE
Amendment 210 #

2021/0201(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 13
Regulation (EU) 2018/841
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.
2022/01/28
Committee: ITRE
Amendment 234 #

2021/0201(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 18
Regulation (EU) 2018/841
Article 17 – paragraph 2 a (new)
2a. The Commission shall report to the European Parliament and the Council every third year until 2050, the results of an evaluation on the functioning of this Regulation, with emphasis on this Regulation’s effects on the functioning of the single market, the competitiveness of affected sectors and the magnitude of carbon leakage. The Commission shall report to the European Parliament and the Council, by 1 January 2030, and every fifth year until 2050, the results of a comprehensive evaluation of the aggregated macroeconomic impact of the Regulations that make up the Fit for 55 package1a, with emphasis on the effects on the Union’s competitiveness, job creation, transport freight rates, household purchasing power and the magnitude of carbon leakage. The Commission shall consider possible amendments to this Regulation with regards to regulatory simplification. The Commission and the competent authorities shall continuously adapt to best practice administrative procedures and take all measures to simplify the enforcement of this Regulation, keeping administrative burdens to a minimum. __________________ 1aCommunication from the Commission (COM/2021/550), 14 July 2021.
2022/01/28
Committee: ITRE
Amendment 329 #

2021/0106(COD)

Proposal for a regulation
Recital 3 a (new)
(3 a) The deployment of artificial intelligence is critical for European competitiveness and in particular for the success of small and medium-sized enterprises in industrial sectors. AI solutions can support European companies to optimise production processes, predict machinery failures and develop more efficient and smart services. The potential of AI can however only fully materialise if European industry, and in particular SMEs, are provided with a permissive legislative framework which avoids any overregulation that would funnel resources away from R&D towards unnecessary compliance costs.
2022/06/13
Committee: IMCOLIBE
Amendment 337 #

2021/0106(COD)

Proposal for a regulation
Recital 4
(4) At the same time, depending on the circumstances regarding its specific application and use, artificial intelligence may generate risks and cause harm to public and private interests and rights that are protected by Union law. Such harm might be material or immaterial.
2022/06/13
Committee: IMCOLIBE
Amendment 352 #

2021/0106(COD)

Proposal for a regulation
Recital 5
(5) A Union legal framework laying down harmonised rules on artificial intelligence is therefore needed to foster the development, use and uptake of artificial intelligence in the internal market that at the same time meets a high level of protection of public and private interests, such as health and safety and the protection of fundamental rights, as recognised and protected by Union law. To achieve that objective, rules regulating the placing on the market and putting into service of certain AI systems should be laid down, thus ensuring the smooth functioning of the internal market and allowing those systems to benefit from the principle of free movement of goods and services. By laying down those rules, this Regulation supports the objective of the Union of being a global leader in the development of secure, trustworthy and ethical artificial intelligence, as stated by the European Council33 , and it ensures the protection of ethical principles, as specifically requested by the European Parliament34 . _________________ 33 European Council, Special meeting of the European Council (1 and 2 October 2020) – Conclusions, EUCO 13/20, 2020, p. 6. 34 European Parliament resolution of 20 October 2020 with recommendations to the Commission on a framework of ethical aspects of artificial intelligence, robotics and related technologies, 2020/2012(INL).
2022/06/13
Committee: IMCOLIBE
Amendment 446 #

2021/0106(COD)

Proposal for a regulation
Recital 18
(18) The use of AI systems for ‘real- time’ remote biometric identification of natural persons in publicly accessible spaces for the purpose of law enforcement is considered particularly intrusive in the rights and freedoms of the concerned persons, to the extent that it may affect the private life of a large part of the population, evoke a feeling of constant surveillance and indirectly dissuade the exercise of the freedom of assembly and other fundamental rights. In addition, the immediacy of the impact and the limited opportunities for further checks or corrections in relation to the use of such systems operating in ‘real-time’ carry heightened risks for the rights and freedoms of the persons that are concerned by law enforcement activities.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 462 #

2021/0106(COD)

Proposal for a regulation
Recital 19
(19) The use of those systems for the purpose of law enforcement should therefore be prohibited, except in three exhaustively listed and narrowly defined situations, where the use is strictly necessary to achieve a substantial public interest, the importance of which outweighs the risks. Those situations involve the search for potential victims of crime, including missing children; certain threats to the life or physical safety of natural persons or of a terrorist attack; and the detection, localisation, identification or prosecution of perpetrators or suspects of the criminal offences referred to in Council Framework Decision 2002/584/JHA38 if those criminal offences are punishable in the Member State concerned by a custodial sentence or a detention order for a maximum period of at least three years and as they are defined in the law of that Member State. Such threshold for the custodial sentence or detention order in accordance with national law contributes to ensure that the offence should be serious enough to potentially justify the use of ‘real-time’ remote biometric identification systems. Moreover, of the 32 criminal offences listed in the Council Framework Decision 2002/584/JHA, some are in practice likely to be more relevant than others, in that the recourse to ‘real-time’ remote biometric identification will foreseeably be necessary and proportionate to highly varying degrees for the practical pursuit of the detection, localisation, identification or prosecution of a perpetrator or suspect of the different criminal offences listed and having regard to the likely differences in the seriousness, probability and scale of the harm or possible negative consequences. _________________ 38 Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ L 190, 18.7.2002, p. 1).deleted
2022/06/13
Committee: IMCOLIBE
Amendment 478 #

2021/0106(COD)

Proposal for a regulation
Recital 20
(20) In order to ensure that those systems are used in a responsible and proportionate manner, it is also important to establish that, in each of those three exhaustively listed and narrowly defined situations, certain elements should be taken into account, in particular as regards the nature of the situation giving rise to the request and the consequences of the use for the rights and freedoms of all persons concerned and the safeguards and conditions provided for with the use. In addition, the use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for the purpose of law enforcement should be subject to appropriate limits in time and space, having regard in particular to the evidence or indications regarding the threats, the victims or perpetrator. The reference database of persons should be appropriate for each use case in each of the three situations mentioned above.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 489 #

2021/0106(COD)

Proposal for a regulation
Recital 21
(21) Each uUse of a ‘real-time’ remote biometric identification system in publicly accessible spaces for the purpose of law enforcement should be subject to an express and specific authorisation by a judicial authority or by an independent administrative authority of a Member State. Such authorisation should in principle be obtained prior to the use, except in duly justified situations of urgency, that is, situations where the need to use the systems in question is such as to make it effectively and objectively impossible to obtain an authorisation before commencing the use. In such situations of urgency, the use should be restricted to the absolute minimum necessary and be subject to appropriate safeguards and conditions, as determined in national law and specified in the context of each individual urgent use case by the law enforcement authority itself. In addition, the law enforcement authority should in such situations seek to obtain an authorisation as soon as possible, whilst providing the reasons for not having been able to request it earlier.
2022/06/13
Committee: IMCOLIBE
Amendment 496 #

2021/0106(COD)

Proposal for a regulation
Recital 22
(22) Furthermore, it is appropriate to provide, within the exhaustive framework set by this Regulation that such use in the territory of a Member State in accordance with this Regulation should only be possible where and in as far as the Member State in question has decided to expressly provide for the possibility to authorise such use in its detailed rules of national law. Consequently, Member States remain free under this Regulation not to provide for such a possibility at all or to only provide for such a possibility in respect of some of the objectives capable of justifying authorised use identifiedlimited possibilities in this Rregulationard.
2022/06/13
Committee: IMCOLIBE
Amendment 506 #

2021/0106(COD)

Proposal for a regulation
Recital 23
(23) The use of AI systems for ‘real- time’ remote biometric identification of natural persons in publicly accessible spaces for the purpose of law enforcement necessarily involves the processing of biometric data. The rules of this Regulation that prohibit, subject to certain exceptions, such use, which are based on Article 16 TFEU, should apply as lex specialis in respect of the rules on the processing of biometric data contained in Article 10 of Directive (EU) 2016/680, thus regulating such use and the processing of biometric data involved in an exhaustive manner. Therefore, such use and processing should only be possible in as far as it is compatible with the framework set by this Regulation, without there being scope, outside that framework, for the competent authorities, where they act for purpose of law enforcement, to use such systems and process such data in connection thereto on the grounds listed in Article 10 of Directive (EU) 2016/680. In this context, this Regulation is not intended to provide the legal basis for the processing of personal data under Article 8 of Directive 2016/680. However, the use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for purposes other than law enforcement, including by competent authorities, should not be covered by the specific framework regarding such use for the purpose of law enforcement set by this Regulation. Such use for purposes other than law enforcement should therefore not be subject to the requirement of an authorisation under this Regulation and the applicable detailed rules of national law that may give effect to it.
2022/06/13
Committee: IMCOLIBE
Amendment 529 #

2021/0106(COD)

Proposal for a regulation
Recital 28
(28) AI systems could produce adverse outcomes to health and safety of persons, in particular when such systems operate as components of products. Consistently with the objectives of Union harmonisation legislation to facilitate the free movement of products in the internal market and to ensure that only safe and otherwise compliant products find their way into the market, it is important that the safety risks that may be generated by a product as a whole due to its digital components, including AI systems, are duly prevented and mitigated. For instance, increasingly autonomous robots, whether in the context of manufacturing or personal assistance and care should be able to safely operate and performs their functions in complex environments. Similarly, in the health sector where the stakes for life and health are particularly high, increasingly sophisticated diagnostics systems and systems supporting human decisions should be reliable and accurate. Conversely, industrial robots used in manufacturing processes that operate within a predefined and restricted area entail considerably lower safety risks and are already subject to harmonised safety legislation. The extent of the adverse impact caused by the AI system on the fundamental rights protected by the Charter is of particular relevance when classifying an AI system as high-risk. Those rights include the right to human dignity, respect for private and family life, protection of personal data, freedom of expression and information, freedom of assembly and of association, and non- discrimination, consumer protection, workers’ rights, rights of persons with disabilities, right to an effective remedy and to a fair trial, right of defence and the presumption of innocence, right to good administration. In addition to those rights, it is important to highlight that children have specific rights as enshrined in Article 24 of the EU Charter and in the United Nations Convention on the Rights of the Child (further elaborated in the UNCRC General Comment No. 25 as regards the digital environment), both of which require consideration of the children’s vulnerabilities and provision of such protection and care as necessary for their well-being. The fundamental right to a high level of environmental protection enshrined in the Charter and implemented in Union policies should also be considered when assessing the severity of the harm that an AI system can cause, including in relation to the health and safety of persons.
2022/06/13
Committee: IMCOLIBE
Amendment 634 #

2021/0106(COD)

Proposal for a regulation
Recital 46
(46) Having information on how high- risk AI systems have been developed and how they perform throughout their lifecycle is essential to verify compliance with the requirements under this Regulation. This requires keeping records and the availability of a technical documentation, containing information which is necessary to assess the compliance of the AI system with the relevant requirements. Such information should include the general characteristics, capabilities and limitations of the system, algorithms, data, training, testing and validation processes used as well as documentation on the relevant risk management system. The technical documentation should be kept up to date. The required technical documentation may contain trade secrets in accordance with Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure. Possible trade secrets in the required documentation must be treated and kept in accordance with national legislation put in place in accordance with mentioned directive.
2022/06/13
Committee: IMCOLIBE
Amendment 675 #

2021/0106(COD)

Proposal for a regulation
Recital 61
(61) Standardisation should play a key role to provide technical solutions to providers to ensure compliance with this Regulation. Compliance with harmonised standards as defined in Regulation (EU) No 1025/2012 of the European Parliament and of the Council54 should be a means for providers to demonstrate conformity with the requirements of this Regulation. However, the Commission couldin exceptional cases, where industry and technical experts consider that pressing and specific safety or fundamental rights concerns cannot be addressed by established standardisation processes, the Commission may adopt common technical specifications in areas where no harmonised standards exist or where they are evidently insufficient. _________________ 54 Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council (OJ L 316, 14.11.2012, p. 12).
2022/06/13
Committee: IMCOLIBE
Amendment 677 #

2021/0106(COD)

Proposal for a regulation
Recital 61 a (new)
(61 a) Striving for regulatory alignment on AI with likeminded global partners is key to fostering mutual innovation and cross-border partnerships within the field of AI. Coordination with international standardisation bodies is therefore of great importance.
2022/06/13
Committee: IMCOLIBE
Amendment 685 #

2021/0106(COD)

Proposal for a regulation
Recital 64
(64) Given the more extensive experience of professional pre-market certifiers in the field of product safety and the different nature of risks involved, it is appropriate to limit, at least in an initial phase of application of this Regulation, the scope of application of third-party conformity assessment for high-risk AI systems other than those related to products. Therefore, the conformity assessment of such systems should be carried out as a general rule by the provider under its own responsibility, with the only exception of AI systems intended to be used for the remote biometric identification of persons, for which the involvement of a notified body in the conformity assessment should be foreseen, to the extent they are not prohibited.
2022/06/13
Committee: IMCOLIBE
Amendment 697 #

2021/0106(COD)

Proposal for a regulation
Recital 67
(67) High-risk AI systems should bear the CE marking to indicate their conformity with this Regulation so that they can move freely within the internal market. Member States should not create unjustified obstacles to the placing on the market or putting into service of high-risk AI systems that comply with the requirements laid down in this Regulation and bear the CE marking.
2022/06/13
Committee: IMCOLIBE
Amendment 723 #

2021/0106(COD)

Proposal for a regulation
Recital 71
(71) Artificial intelligence is a rapidly developing family of technologies that requires novel forms of regulatory oversight and a safe space for experimentation, while ensuring responsible innovation and integration of appropriate safeguards and risk mitigation measures. To ensure a legal framework that is innovation-friendly, future-proof and resilient to disruption, national competent authorities from one or more Member States should be encouraged to establish artificial intelligence regulatory sandboxes to facilitate the development and testing of innovative AI systems under strict regulatory oversight before these systems are placed on the market or otherwise put into service.
2022/06/13
Committee: IMCOLIBE
Amendment 749 #

2021/0106(COD)

Proposal for a regulation
Recital 78
(78) In order to ensure that providers of high-risk AI systems can take into account the experience on the use of high-risk AI systems for improving their systems and the design and development process or can take any possible corrective action in a timely manner, all providers should have a post-market monitoring system in place. This system is also key to ensure that the possible risks emerging from AI systems which continue to ‘learn’ after being placed on the market or put into service can be more efficiently and timely addressed. In this context, providers should also be required to have a system in place to report to the relevant authorities any serious incidents or any breaches to national and Union law protecting fundamental rights resulting from the use of their AI systems.
2022/06/13
Committee: IMCOLIBE
Amendment 770 #

2021/0106(COD)

Proposal for a regulation
Recital 85
(85) In order to ensure that the regulatory framework can be adapted where necessary, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to amend the techniques and approaches referred to in Annex I to define AI systems, the Union harmonisation legislation listed in Annex II, the high-risk AI systems listed in Annex III, the provisions regarding technical documentation listed in Annex IV, the content of the EU declaration of conformity in Annex V, the provisions regarding the conformity assessment procedures in Annex VI and VII and the provisions establishing the high-risk AI systems to which the conformity assessment procedure based on assessment of the quality management system and assessment of the technical documentation should apply and the content of the EU declaration of conformity in Annex V. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making58 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 58 OJ L 123, 12.5.2016, p. 1.
2022/06/13
Committee: IMCOLIBE
Amendment 791 #

2021/0106(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point c
(c) specific requirements for high-risk AI systems and obligations for operators of such systems, unless these systems are already covered by sector-specific regulation;
2022/06/13
Committee: IMCOLIBE
Amendment 874 #

2021/0106(COD)

Proposal for a regulation
Article 2 – paragraph 3 a (new)
3 a. This Regulation shall not apply to AI systems, including their output, specifically developed and put into service for the sole purpose of research and development.
2022/06/13
Committee: IMCOLIBE
Amendment 908 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 1
(1) ‘artificial intelligence system’ (AI system) means software that is developed with one or more of the techniques and approaches listed in Annex I and can, for a given set of human-defined objectives,a system that (I) receives machine and/or human-based data and inputs, (II) infers how to achieve a given set of human-defined objectives using learning, reasoning or modelling implemented with the techniques and approaches listed in Annex I, and (III) generates outputs such asin the form of content, predictions, recommendations, or decisions, which influencinge the environments ithey interacts with;
2022/06/13
Committee: IMCOLIBE
Amendment 1134 #

2021/0106(COD)

Proposal for a regulation
Article 4 – paragraph 1
The Commission is empowered to adopt delegated acts in accordance with Article 73 to amend the list of techniques and approaches listed in Annex I, in order to update that list to market and technological developments on the basis of characteristics that are similar to the techniques and approaches listed therein.
2022/06/13
Committee: IMCOLIBE
Amendment 1230 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point d
(d) the use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for the purpose of law enforcement, unless and in as far as such use is strictly necessary for one of the following objectives: (i) the targeted search for specific potential victims of crime, including missing children; (ii) the prevention of a specific, substantial and imminent threat to the life or physical safety of natural persons or of a terrorist attack; (iii) the detection, localisation, identification or prosecution of a perpetrator or suspect of a criminal offence referred to in Article 2(2) of Council Framework Decision 2002/584/JHA62 and punishable in the Member State concerned by a custodial sentence or a detention order for a maximum period of at least three years, as determined by the law of that Member State. _________________ 62 Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ L 190, 18.7.2002, p. 1).deleted
2022/06/13
Committee: IMCOLIBE
Amendment 1355 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 2
2. The use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for the purpose of law enforcement for any of the objectives referred to in paragraph 1 point d) shall take into account the following elements: (a) the nature of the situation giving rise to the possible use, in particular the seriousness, probability and scale of the harm caused in the absence of the use of the system; (b) the consequences of the use of the system for the rights and freedoms of all persons concerned, in particular the seriousness, probability and scale of those consequences. In addition, the use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for the purpose of law enforcement for any of the objectives referred to in paragraph 1 point d) shall comply with necessary and proportionate safeguards and conditions in relation to the use, in particular as regards the temporal, geographic and personal limitations.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 1365 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 3
3. As regards paragraphs 1, point (d) and 2, each individual use for the purpose of law enforcement of a ‘real-time’ remote biometric identification system in publicly accessible spaces shall be subject to a prior authorisation granted by a judicial authority or by an independent administrative authority of the Member State in which the use is to take place, issued upon a reasoned request and in accordance with the detailed rules of national law referred to in paragraph 4. However, in a duly justified situation of urgency, the use of the system may be commenced without an authorisation and the authorisation may be requested only during or after the use. The competent judicial or administrative authority shall only grant the authorisation where it is satisfied, based on objective evidence or clear indications presented to it, that the use of the ‘real- time’ remote biometric identification system at issue is necessary for and proportionate to achieving one of the objectives specified in paragraph 1, point (d), as identified in the request. In deciding on the request, the competent judicial or administrative authority shall take into account the elements referred to in paragraph 2.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 1383 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 4
4. A Member State may decide to provide for the possibility to fully or partially authorise the use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for the purpose of law enforcement within the limits and under the conditions listed in paragraphs 1, point (d), 2 and 3. That Member State shall lay down in its national law the necessary detailed rules for the request, issuance and exercise of, as well as supervision relating to, the authorisations referred to in paragraph 3. Those rules shall also specify in respect of which of the objectives listed in paragraph 1, point (d), including which of the criminal offences referred to in point (iii) thereof, the competent authorities may be authorised to use those systems for the purpose of law enforcement.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 1459 #

2021/0106(COD)

Proposal for a regulation
Article 7
[...]deleted
2022/06/13
Committee: IMCOLIBE
Amendment 1460 #

2021/0106(COD)

Proposal for a regulation
Article 7 – paragraph 1
1. The Commission is empowered to adopt delegated acts in accordance with Article 73 to update the list in Annex III by adding high-risk AI systems where both of the following conditions are fulfilled: (a) the AI systems are intended to be used in any of the areas listed in points 1 to 8 of Annex III; (b) the AI systems pose a risk of harm to the health and safety, or a risk of adverse impact on fundamental rights, that is, in respect of its severity and probability of occurrence, equivalent to or greater than the risk of harm or of adverse impact posed by the high-risk AI systems already referred to in Annex III.
2022/06/13
Committee: IMCOLIBE
Amendment 1486 #

2021/0106(COD)

Proposal for a regulation
Article 7 – paragraph 2
2. When assessing for the purposes of paragraph 1 whether an AI system poses a risk of harm to the health and safety or a risk of adverse impact on fundamental rights that is equivalent to or greater than the risk of harm posed by the high-risk AI systems already referred to in Annex III, the Commission shall take into account the following criteria: (a) the intended purpose of the AI system; (b) the extent to which an AI system has been used or is likely to be used; (c) the extent to which the use of an AI system has already caused harm to the health and safety or adverse impact on the fundamental rights or has given rise to significant concerns in relation to the materialisation of such harm or adverse impact, as demonstrated by reports or documented allegations submitted to national competent authorities; (d) the potential extent of such harm or such adverse impact, in particular in terms of its intensity and its ability to affect a plurality of persons; (e) the extent to which potentially harmed or adversely impacted persons are dependent on the outcome produced with an AI system, in particular because for practical or legal reasons it is not reasonably possible to opt-out from that outcome; (f) the extent to which potentially harmed or adversely impacted persons are in a vulnerable position in relation to the user of an AI system, in particular due to an imbalance of power, knowledge, economic or social circumstances, or age; (g) the extent to which the outcome produced with an AI system is easily reversible, whereby outcomes having an impact on the health or safety of persons shall not be considered as easily reversible; (h) the extent to which existing Union legislation provides for: (i) effective measures of redress in relation to the risks posed by an AI system, with the exclusion of claims for damages; (ii) effective measures to prevent or substantially minimise those risks.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 1573 #

2021/0106(COD)

Proposal for a regulation
Article 9 – paragraph 1
1. A risk management system shall be established, implemented, documented and maintained in relation to high-risk AI systems, unless the AI system is covered by New Legislative Framework (NLF) legislation.
2022/06/13
Committee: IMCOLIBE
Amendment 1676 #

2021/0106(COD)

Proposal for a regulation
Article 10 – paragraph 1
1. High-risk AI systems which make use of techniques involving the training of models with data shall be developed on the basis of training, validation and testing data sets that meet the quality criteria referred to in paragraphs 2 to 5, when applicable.
2022/06/13
Committee: IMCOLIBE
Amendment 1708 #

2021/0106(COD)

Proposal for a regulation
Article 10 – paragraph 2 – point g
(g) the identification of any possible data gaps or shortcomings, and how those gaps and shortcomings can be addressed.
2022/06/13
Committee: IMCOLIBE
Amendment 1724 #

2021/0106(COD)

Proposal for a regulation
Article 10 – paragraph 3
3. Training, validation and testing data sets shall be relevant, and representative, free of errors and complete. They shall have the appropriate statistical properties, including, where applicable, as regards the persons or groups of persons on which the high-risk AI system is intended to be used. These characteristics of the data sets may be met at the level of individual data sets or a combination thereof.
2022/06/13
Committee: IMCOLIBE
Amendment 1762 #

2021/0106(COD)

Proposal for a regulation
Article 11 – paragraph 3
3. The Commission is empowered to adopt delegated acts in accordance with Article 73 to amend Annex IV where necessary to ensure that, in the light of technical progress, the technical documentation provides all the necessary information to assess the compliance of the system with the requirements set out in this Chapter.
2022/06/13
Committee: IMCOLIBE
Amendment 1947 #

2021/0106(COD)

Proposal for a regulation
Article 18 – paragraph 1
1. Providers of high-risk AI systems shall draw up the technical documen tation referred to in Article 11 in accordance with Annex IV. When applicable, the technical documentation shall be treated as containing trade secrets as regulated by Directive (EU) 2016/943.
2022/06/13
Committee: IMCOLIBE
Amendment 1953 #

2021/0106(COD)

Proposal for a regulation
Article 20 – paragraph 1
1. Providers of high-risk AI systems shall keep the logs automatically generated by their high-risk AI systems, to the extent such logs are under their control by virtue of a contractual arrangement with the user or otherwise by law. The logs shall be kept for a period that is appropriate in the light of the intended purpose of high-risk AI system and applicable legal obligations under Union or national law. When applicable, the automatically generated logs shall be treated as containing trade secrets as regulated by Directive (EU) 2016/943.
2022/06/13
Committee: IMCOLIBE
Amendment 2086 #

2021/0106(COD)

Proposal for a regulation
Article 30 – paragraph 1
1. Each Member State shall designate or establish a notifying authority responsible for setting up and carrying out the necessary procedures for the assessment, designation and notification of conformity assessment bodies and for their monitoring. These procedures shall be developed in cooperation between the notifying authorities of all Member States and shall result in standard procedures implemented equally in all Member States, with a view to removing administrative border barriers and ensuring that the potential of the internal market is realised.
2022/06/13
Committee: IMCOLIBE
Amendment 2090 #

2021/0106(COD)

Proposal for a regulation
Article 30 – paragraph 8
8. Notifying authorities shall make sure that conformity assessments are carried out in a proportionate manner, avoiding unnecessary burdens for providers and that notified bodies perform their activities taking due account of the size of an undertaking, the sector in which it operates, its structure and the degree of complexity of the AI system in question. Particular attention shall be paid to minimising administrative burdens and compliance costs for micro, small and medium-sized enterprises as defined in Commission Recommendation 2003/361/EC.
2022/06/13
Committee: IMCOLIBE
Amendment 2190 #

2021/0106(COD)

Proposal for a regulation
Article 43 – paragraph 4 – introductory part
4. High-risk AI systems shall undergo a new conformity assessment procedure whenever they are substantially modified and the changes could impact performance related to essential requirements, regardless of whether the modified system is intended to be further distributed or continues to be used by the current user.
2022/06/13
Committee: IMCOLIBE
Amendment 2199 #

2021/0106(COD)

Proposal for a regulation
Article 43 – paragraph 5
5. The Commission is empowered to adopt delegated acts in accordance with Article 73 for the purpose of updating Annexes VI and Annex VII in order to introduce elements of the conformity assessment procedures that become necessary in light of technical progress.
2022/06/13
Committee: IMCOLIBE
Amendment 2206 #

2021/0106(COD)

Proposal for a regulation
Article 43 – paragraph 6
6. The Commission is empowered to adopt delegated acts to amend paragraphs 1 and 2 in order to subject high-risk AI systems referred to in points 2 to 8 of Annex III to the conformity assessment procedure referred to in Annex VII or parts thereof. The Commission shall adopt such delegated acts taking into account the effectiveness of the conformity assessment procedure based on internal control referred to in Annex VI in preventing or minimizing the risks to health and safety and protection of fundamental rights posed by such systems as well as the availability of adequate capacities and resources among notified bodies.
2022/06/13
Committee: IMCOLIBE
Amendment 2239 #

2021/0106(COD)

Proposal for a regulation
Article 50 – paragraph 1 – introductory part
The provider shall, for a period ending 10five years after the AI system has been placed on the market or put into service, keep at the disposal of the national competent authorities:
2022/06/13
Committee: IMCOLIBE
Amendment 2243 #

2021/0106(COD)

Proposal for a regulation
Article 51
Registration Before placing on the market or putting into service a high-risk AI system referred to in Article 6(2), the provider or, where applicable, the authorised representative shall register that system in the EU database referred to in Article 60.Article 51 deleted
2022/06/13
Committee: IMCOLIBE
Amendment 2563 #

2021/0106(COD)

Proposal for a regulation
Article 59 – paragraph 2
2. Each Member State shall designate a national supervisory authority among the national competent authorities. The national supervisory authority shall act as notifying authority and market surveillance authority unless a Member State has organisational and administrative reasons to designate more than one authority.
2022/06/13
Committee: IMCOLIBE
Amendment 2591 #

2021/0106(COD)

Proposal for a regulation
Article 59 – paragraph 7
7. National competent authorities may provide guidance and advice on the implementation of this Regulation, including to small-scale providers. Whenever national competent authorities intend to provide guidance and advice with regard to an AI system in areas covered by other Union legislation, the competent national authorities under that Union legislation shall be consulted, as appropriate. Member States mayshall also establish one central contact point for communication with operators.
2022/06/13
Committee: IMCOLIBE
Amendment 2606 #

2021/0106(COD)

Proposal for a regulation
Title VII
VII EU DATABASE FOR STAND- ALONE HIGH-RISK AI SYSTEMS 60 EU database for stand-alone high-risk AI systems 1. The Commission shall, in collaboration with the Member States, set up and maintain a EU database containing information referred to in paragraph 2 concerning high-risk AI systems referred to in Article 6(2) which are registered in accordance with Article 51. 2. The data listed in Annex VIII shall be entered into the EU database by the providers. The Commission shall provide them with technical and administrative support. 3. Information contained in the EU database shall be accessible to the public. 4. The EU database shall contain personal data only insofar as necessary for collecting and processing information in accordance with this Regulation. That information shall include the names and contact details of natural persons who are responsible for registering the system and have the legal authority to represent the provider. 5. The Commission shall be the controller of the EU database. It shall also ensure to providers adequate technical and administrative support.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 2684 #

2021/0106(COD)

Proposal for a regulation
Article 64 – paragraph 1
1. Access to data and documentation in the context of their activities, the market surveillance authorities shall be granted full access to the relevant training, validation and testing datasets used by the provider, including through application programming interfaces (‘API’) or other appropriate technical means and tools enabling remote access.
2022/06/13
Committee: IMCOLIBE
Amendment 2744 #

2021/0106(COD)

Proposal for a regulation
Article 66 – paragraph 3 a (new)
3 a. If the national measure is found to be unjustified, the Member State concerned shall reimburse the operator for the costs and loss of revenue directly attributable to the measure found to be unjustified.
2022/06/13
Committee: IMCOLIBE
Amendment 2841 #

2021/0106(COD)

Proposal for a regulation
Article 71 – paragraph 3 – point b
(b) non-compliance of the AI system with the requirements laid down in Article 10.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 2852 #

2021/0106(COD)

Proposal for a regulation
Article 71 – paragraph 4
4. The non-compliance of the AI system with any requirements or obligations under this Regulation, other than those laid down in Articles 5 and 10, shall be subject to administrative fines of up to 201 000 000 EUR or, if the offender is a company, up to 41 % of its total worldwide annual turnover for the preceding financial year, whichever is higher.
2022/06/13
Committee: IMCOLIBE
Amendment 2859 #

2021/0106(COD)

Proposal for a regulation
Article 71 – paragraph 5
5. The supply of incorrect, incomplete or misleading information to notified bodies and national competent authorities in reply to a request shall be subject to administrative fines of up to 10 000 000 EUR or, if the offender is a company, up to 21 % of its total worldwide annual turnover for the preceding financial year, whichever is higher.
2022/06/13
Committee: IMCOLIBE
Amendment 2919 #

2021/0106(COD)

Proposal for a regulation
Article 73 – paragraph 2
2. The delegation of power referred to in Article 4, Article 7(1), Article 11(3), Article 43(5) and (6) and Article 48(5) shall be conferred on the Commission for an indeterminate period of time from [entering into force of the Regulation].
2022/06/13
Committee: IMCOLIBE
Amendment 2923 #

2021/0106(COD)

Proposal for a regulation
Article 73 – paragraph 3
3. The delegation of power referred to in Article 4, Article 7(1), Article 11(3), Article 43(5) and (6) and Article 48(5) may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of power specified in that decision. It shall take effect the day following that of its publication in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
2022/06/13
Committee: IMCOLIBE
Amendment 2931 #

2021/0106(COD)

Proposal for a regulation
Article 73 – paragraph 5
5. Any delegated act adopted pursuant to Article 4, Article 7(1), Article 11(3), Article 43(5) and (6) and Article 48(5) shall enter into force only if no objection has been expressed by either the European Parliament or the Council within a period of three months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by three months at the initiative of the European Parliament or of the Council.
2022/06/13
Committee: IMCOLIBE
Amendment 2949 #

2021/0106(COD)

Proposal for a regulation
Article 83 – paragraph 1 – introductory part
1. This Regulation shall not apply to the AI systems which are components of the large-scale IT systems established by the legal acts listed in Annex IX that have been placed on the market or put into service before [124 months after the date of application of this Regulation referred to in Article 85(2)], unless the replacement or amendment of those legal acts leads to a significant change in the design or intended purpose of the AI system or AI systems concerned.
2022/06/13
Committee: IMCOLIBE
Amendment 2967 #

2021/0106(COD)

Proposal for a regulation
Article 84 – paragraph 1
1. The Commission shall assess the need for amendment of the list in Annex III once a year following the entry into force of this Regulation, and when necessary, table to the European Parliament and the Council a legislative proposal in this regard.
2022/06/13
Committee: IMCOLIBE
Amendment 2978 #

2021/0106(COD)

Proposal for a regulation
Article 84 – paragraph 3 – point b a (new)
(b a) the levels of investments in research, development and application of AI systems throughout the Union,
2022/06/13
Committee: IMCOLIBE
Amendment 2979 #

2021/0106(COD)

Proposal for a regulation
Article 84 – paragraph 3 – point b b (new)
(b b) the competitiveness of the aggregated European AI ecosystem compared to AI ecosystems in third countries.
2022/06/13
Committee: IMCOLIBE
Amendment 3004 #

2021/0106(COD)

Proposal for a regulation
Article 85 – paragraph 3 – point b
(b) Article 71 shall apply from [twelve24 months following the entry into force of this Regulation].
2022/06/13
Committee: IMCOLIBE
Amendment 3021 #

2021/0106(COD)

Proposal for a regulation
Annex I – point c
(c) Statistical approaches, Bayesian estimation, search and optimization methods.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 3092 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 2 – point a
(a) AI systems intended to be used as safety components in the management and operation of road traffic and the supply of water, gas, heating and electricity, unless these are regulated in harmonisation legislation or sectorial regulation.
2022/06/13
Committee: IMCOLIBE
Amendment 3107 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 4 – point a
(a) AI systems intended to be used for recruitment or selection of natural persons, notably for advertising vacancies, screening or filtering applications, evaluating candidates in the course of interviews or tests;to make final decisions for recruitment or selection of natural persons.
2022/06/13
Committee: IMCOLIBE
Amendment 3155 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 6 – point a a (new)
(a a) AI systems designed for real-time remote biometric identification in publicly accessible locations for law enforcement purposes.
2022/06/13
Committee: IMCOLIBE
Amendment 149 #
2021/10/26
Committee: EMPLFEMM
Amendment 203 #

2021/0050(COD)

Proposal for a directive
Recital 9
(9) The gender pay gap is caused by various factors, part of which can be attributed to direct and indirect gender pay discrimination. A general lack of transparency about pay levels within organisations maintains a situation where gender-based pay discrimination and bias can go undetected or, where suspected, are difficult to prove. Binding mMeasures are therefore needed to improve pay transparency, encourage organisations to review their pay structures to ensure equal pay for women and men doing the same work or work of equal value, and enable victims of discrimination to enforce their right to equal pay. This needs to be complemented by provisions clarifying existing legal concepts (such as the concept of ‘pay’ and ‘work of equal value’) and measures improving enforcement mechanisms and access to justice, while fully respecting the different labour market models in the Member States.
2021/10/26
Committee: EMPLFEMM
Amendment 223 #

2021/0050(COD)

Proposal for a directive
Recital 11
(11) This Directive should apply to all workers, including part-time workers, fixed-term contract workers or persons with a contract of employment or employment relationship with a temporary agency, who have an employment contract or employment relationship as defined by the law, collective agreements and/or practice in force in each Member State, taking into account the case-law of the Court of Justice of the European Union (‘the Court’). In its case law, the Court established criteria for determining the status of a worker47 . Provided that they fulfil those criteria, domestic workers, on- demand workers, intermittent workers, voucher based-workers, platform workers, trainees and apprentices should fall within the scope of this Directive. The determination of the existence of an employment relationship should be guided by the facts relating to the actual performance of the work and not by the parties’ description of the relationship. _________________ 47 Case C-66/85, Deborah Lawrie-Blum v Land Baden-Württemberg, ECLI:EU:C:1986:284; Case C-428/09, Union Syndicale Solidaires Isère v Premier ministre and Others, ECLI:EU:C:2010:612; Case C-229/14, Ender Balkaya v Kiesel Abbruch- und Recycling Technik GmbH, ECLI:EU:C:2015:455; Case C-413/13, FNV Kunsten Informatie en Media v Staat der Nederlanden, ECLI:EU:C:2014:2411; Case C-216/15, Betriebsrat der Ruhrlandklinik gGmbH v Ruhrlandklinik gGmbH, ECLI:EU:C:2016:883; Case C- 658/18, UX v Governo della Repubblica italiana, ECLI:EU:C:2020:572.
2021/10/26
Committee: EMPLFEMM
Amendment 227 #

2021/0050(COD)

Proposal for a directive
Recital 12
(12) In order to remove obstacles for victims of gender pay discrimination to enforce their right to equal pay and guide employers in ensuring respect of this right, the core concepts related to equal pay, such as ‘pay’ and ‘work of equal value’, should be clarified in line with the case law of the Court. This should facilitate the application of these concepts, especially for small and medium-sized enterprises.deleted
2021/10/26
Committee: EMPLFEMM
Amendment 233 #

2021/0050(COD)

Proposal for a directive
Recital 13
(13) The principle of equal pay for equal work or work of equal value for women and men should be respected with regard to wage or salary and any other consideration, whether in cash or in kind, which the workers receive directly or indirectly, in respect of their employment from their employer. In line with the case-law of the Court48 , the concept of ‘pay’ should comprise not only salary, but also additional benefits such as bonuses, overtime compensation, travel facilities (including cars provided by the employer and travel cards), housing allowances, compensation for attending training, payments in case of dismissal, statutory sick pay, statutory required compensation and occupational pensions. It should include all elements of remuneration due by law or collective agreement. _________________ 48 For example, Case C-58/81, Commission of the European Communities v Grand Duchy of Luxembourg, ECLI:EU:C:1982:215; Case C-171/88 Rinner-Kulhn v FWW Spezial- Gebaudereinigung GmbH, ECLI:EU:C:1989:328; Case C-147/02 Alabaster v Woolwhich plc and Secretary of State for Social Security, ECLI:EU:C:2004:192; Case C-342/93 - Gillespie and Others ECLI:EU:C:1996:46; Case C-278/93 Freers and Speckmann v Deutsche Bundepost, ECLI:EU:C:1996:83; Case C-12/81, Eileen Garland v British Rail Engineering Limited, ECLI:EU:C:1982:44; Case C-360/90, Arbeiterwohlfahrt der Stadt Berlin e.V. v Monika Bötel, ECLI:EU:C:1992:246; Case C-33/89, Maria Kowalska v Freie und Hansestadt Hamburg, ECLI: EU:C:1990:265.
2021/10/26
Committee: EMPLFEMM
Amendment 247 #

2021/0050(COD)

Proposal for a directive
Recital 15
(15) In order to respect the right to equal pay between men and women, employers must have pay setting mechanisms or pay structures in place ensuring that there are no pay differences between male and female workers doing the same work or work of equal value that are not justified by objective and gender-neutral factors. Such pay structures should allow for the comparison of the value of different jobs within the same organisational structure. In line with the case law of the Court, the value of work should be assessed and compared based on objective criteria, such as educational, professional and training requirements, skills, effort and responsibility, work undertaken and the nature of the tasks involved.49 _________________ 49 For example, Case C-400/93, Royal Copenhagen, ECLI:EU:C:1995:155; Case C-309/97, Angestelltenbetriebsrat der Wiener Gebietskrankenkasse, ECLI:EU:C:1999:241; Case C-381/99, Brunnhofer, ECLI:EU:C:2001:358; Case C-427/11, Margaret Kenny and Others v Minister for Justice, Equality and Law Reform and Others [2013] ECLI:EU:C:2013:122, paragraph 28.
2021/10/26
Committee: EMPLFEMM
Amendment 256 #

2021/0050(COD)

Proposal for a directive
Recital 16
(16) The identification of a valid comparator is an important parameter in determining whether work may be considered of equal value. It enables the worker to show that they were treated less favourably than the comparator of a different sex performing equal work or work of equal value. In situations where no real-life comparator exists, the use of a hypothetical comparator should be allowed, allowing a worker to show that they have not been treated in the same way as a hypothetical comparator of another sex would have been treated. This would lift an important obstacle for potential victims of gender pay discrimination, especially in highly gender-segregated employment markets where a requirement of finding a comparator of the opposite sex makes it almost impossible to bring an equal pay claim. In addition, workers should not be prevented from using other facts from which an alleged discrimination can be presumed, such as statistics or other available information. This would allow gender-based pay inequalities to be more effectively addressed in gender-segregated sectors and professions.deleted
2021/10/26
Committee: EMPLFEMM
Amendment 266 #

2021/0050(COD)

Proposal for a directive
Recital 17
(17) The Court has clarified50 that in order to compare whether workers are in a comparable situation, the comparison is not necessarily limited to situations in which men and women work for the same employer. Workers may be in a comparable situation even when they do not work for the same employer whenever the pay conditions can be attributed to a single source setting up those conditions. This may be the case when pay conditions are regulated by statutory provisions or collective labour agreements relating to pay applicable to several companies, or when such conditions are laid down centrally for more than one organisation or business within a holding company or conglomerate. Furthermore, the Court clarified that the comparison is not limited to workers employed at the same time as the claimant.51 _________________ 50 Case C-320/00 Lawrence, ECLI:EU:C:2002:498. 51 Case 129/79 Macarthys, ECLI:EU:C:1980:103.deleted
2021/10/26
Committee: EMPLFEMM
Amendment 299 #

2021/0050(COD)

(21) In order to disrupt the perpetuation of a pay gap between female and male workers affecting individual workers over time, employers should not be allowed to enquire about the prior pay history of the applicant for a job.deleted
2021/10/26
Committee: EMPLFEMM
Amendment 315 #

2021/0050(COD)

Proposal for a directive
Recital 23
(23) Employers should make accessible to workers a description of the criteria used to determine pay levels and career progression. The employer should have flexibility in the way it complies with this obligation taking into account the size of the organisation.
2021/10/26
Committee: EMPLFEMM
Amendment 328 #

2021/0050(COD)

Proposal for a directive
Recital 25
(25) Employers with at least 2500 workers should regularly report on pay, in a suitable and transparent manner, such as including the information in their management report. Companies subject to the requirements of Directive 2013/34/EU of the European Parliament and of the Council52 may also choose to report on pay alongside other worker-related matters in their management report. _________________ 52 Directive 2013/34/EU, as amended by Directive 2014/95/EU of the European Parliament and of the Council of 22 October 2014 as regards disclosure of non- financial and diversity information by certain large undertakings and groups (OJ L 330, 15.11.2014, p. 1).
2021/10/26
Committee: EMPLFEMM
Amendment 364 #

2021/0050(COD)

Proposal for a directive
Recital 29
(29) Joint pay assessments should trigger the review and revision of pay structures in organisations with at least 2500 workers that show pay inequalities. The joint pay assessment should be carried out by employers in cooperation with workers’ representatives; if workers’ representatives are absent, they should be designated for this purpose. Joint pay assessments should lead to the elimination of gender discrimination in pay.
2021/10/26
Committee: EMPLFEMM
Amendment 405 #

2021/0050(COD)

Proposal for a directive
Recital 38
(38) Following the case law of the Court55 , Directive 2006/54/EC established provisions to ensure that the burden of proof shifts to the defendant when there is a prima facie case of discrimination. Member States should not be prevented from introducing, at any appropriate stage of the proceedings, rules of evidence which are more favourable to workers making a claim. In any legal or administrative proceedings concerning direct or indirect discrimination, in case the employer did not comply with the pay transparency obligations set out by the Directive, the burden of proof should be automatically shifted to the defendant, irrespective of the worker showing a prima facie case of pay discrimination. _________________ 55 Case C-109/88, Handels- og Kontorfunktionærernes Forbund I Danmark v Dansk Arbejdsgiverforening, acting on behalf of Danfoss, ECLI:EU:C:1989:383.
2021/10/26
Committee: EMPLFEMM
Amendment 406 #

2021/0050(COD)

Proposal for a directive
Recital 39
(39) Although it is necessary only to establish a presumption of discrimination before the burden of proof shifts to the employer, it is not always easy for victims and courts to know how to establish even that presumption. Pay transparency measures have the potential to support the use of the reversal of the burden of proof, by helping workers determine the average pay levels for women and men performing the same work or work of equal value. Enabling workers to provide prima facie evidence which allows discrimination to be presumed would swiftly trigger the reverse burden of proof to the benefit of the worker.deleted
2021/10/26
Committee: EMPLFEMM
Amendment 410 #

2021/0050(COD)

Proposal for a directive
Recital 40
(40) In accordance with the case-law of the Court, nNational rules on time limits for the enforcement of rights under this Directive should be such that they cannot be regarded as capable of rendering virtually impossible or excessively difficult the exercise of those rights. Limitation periods create specific obstacles for victims of gender pay discrimination. For that purpose, common minimum standards should be established. Those standards should determine when the limitation period begins to run, the duration thereof and the circumstances under which it is interrupted or suspended and provide that the limitation period for bringing claims is at least three years.
2021/10/26
Committee: EMPLFEMM
Amendment 419 #

2021/0050(COD)

Proposal for a directive
Recital 41
(41) Litigation costs create a serious disincentive for victims of gender pay discrimination to claim their right to equal pay, leading to insufficient protection and enforcement of the right to equal pay. In order to remove this strong procedural obstacle to justice, successful claimants should be allowed to recover their procedural costs from the defendant. On the other hand, claimants should not be liable for successful defendant’s proceedings costs unless the claim was brought in bad faith, was clearly frivolous or if the non-recovery by the defendant would be considered unreasonable by the courts or other competent authorities under the specific circumstances of the case, for instance having regard to the financial situation of micro-enterprises.
2021/10/26
Committee: EMPLFEMM
Amendment 437 #

2021/0050(COD)

Proposal for a directive
Recital 47
(47) This Directive lays down minimum requirementsa framework, thus respecting the Member States’ prerogative to introduce and maintain more favourable provisions. Rights acquired under the existing legal framework should continue to apply, unless more favourable provisions are introduced by this Directive. The implementation of this Directive cannot be used to reduce existing rights set out in existing Union or national law in this field, nor can it constitute valid grounds for reducing the rights of workers in regard to equal pay between men and women for the same work or work of equal value.
2021/10/26
Committee: EMPLFEMM
Amendment 447 #

2021/0050(COD)

Proposal for a directive
Recital 50
(50) This Directive aims at a better and more effective implementation of the principle of equal pay for equal work or work to which equal value is attributed between men and women through the establishment of common minimum requirementsa framework which should apply to all undertakings and organisations across the European Union. Since this objective cannot be sufficiently achieved by the Member States and should therefore be 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 Directive, which limits itself to setting minimum standards, does not go beyond what is necessary in order to achieve that objective.
2021/10/26
Committee: EMPLFEMM
Amendment 464 #

2021/0050(COD)

Proposal for a directive
Article 1 – paragraph 1
This Directive lays down minimum requirementsa framework to strengthen the application of the principle of equal pay between men and women for equal work or work of equal value enshrined in Article 157 TFEU and the prohibition of discrimination laid down in Article 4 of Directive 2006/54/EC, in particular through pay transparency and reinforced enforcement mechanisms.
2021/10/26
Committee: EMPLFEMM
Amendment 480 #

2021/0050(COD)

Proposal for a directive
Article 2 – paragraph 2
2. This Directive applies to all workers who have an employment contract or employment relationship as defined by law, collective agreements and/or practice in force in each Member State with consideration to the case-law of the Court of Justice.
2021/10/26
Committee: EMPLFEMM
Amendment 482 #

2021/0050(COD)

Proposal for a directive
Article 2 – paragraph 2 a (new)
2a. Member States with labour market models where autonomous labour market parties are responsible for wage formation shall have the option not to apply this Directive, either totally or in part, provided that there is, in the view of the Member State, sufficient support for this among representative social partners at national level.
2021/10/26
Committee: EMPLFEMM
Amendment 487 #

2021/0050(COD)

(c) ‘pay gap’ means the difference of average pay levels between female and male workers of the employer, expressed as percentage of the average pay level of male workers;deleted
2021/10/26
Committee: EMPLFEMM
Amendment 492 #

2021/0050(COD)

(d) ‘median pay level’ means the pay of the worker that would have half of the workers earn more and half less than they do;deleted
2021/10/26
Committee: EMPLFEMM
Amendment 493 #

2021/0050(COD)

Proposal for a directive
Article 3 – paragraph 1 – point e
(e) ‘median pay gap’ means the difference between the median pay level of female and median pay level of male workers expressed as percentage of the median pay level of male workers;deleted
2021/10/26
Committee: EMPLFEMM
Amendment 496 #

2021/0050(COD)

Proposal for a directive
Article 3 – paragraph 1 – point f
(f) ‘quartile pay band’ means each of four equal groups of workers into which they are divided according to their pay levels – from the lowest to the highest;deleted
2021/10/26
Committee: EMPLFEMM
Amendment 504 #

2021/0050(COD)

Proposal for a directive
Article 3 – paragraph 1 – point g
(g) ‘category of workers’ means workers performing the same work or work of equal value grouped by the workers’ employer based on criteria as laid down in Article 4 of this Directive and specified bygrouped by their respective employers in accordance with national law, collective bargaining agreements, and other relevant practices in the Memployer concerned;ber State.
2021/10/26
Committee: EMPLFEMM
Amendment 527 #

2021/0050(COD)

Proposal for a directive
Article 3 – paragraph 3
3. Pay discrimination under this Directive includes discrimination based on a combination of sex and any other ground or grounds of discrimination protected under Directive 2000/43/EC or Directive 2000/78/EC.deleted
2021/10/26
Committee: EMPLFEMM
Amendment 539 #

2021/0050(COD)

Proposal for a directive
Article 4 – paragraph 1
1. Member States shall take the necessary measures to ensure that employers have pay structures in place ensuring that women and men are paid equally for the same work or work of equal value performed for the same employer.
2021/10/26
Committee: EMPLFEMM
Amendment 553 #

2021/0050(COD)

Proposal for a directive
Article 4 – paragraph 2
2. Member States shall take the necessary measures ensuring that tools or methodologies are establishedguidance to assess and compare the value of work in line with the criteria set out in this Article. These tools or methodologiesis guidance may include gender-neutral job evaluation and classification systems.
2021/10/26
Committee: EMPLFEMM
Amendment 566 #

2021/0050(COD)

Proposal for a directive
Article 4 – paragraph 3
3. The tools or methodologiesAn overall assessment according to this guidance shall allow assessing, in regard to the value of work, whether workers are in a comparable situation, on the basis of objective criteria which shallmay include educational, professional and training requirements, skills, effort and responsibility, work undertaken and the nature of the tasks involved and similar criteria defined in national law and collective bargaining agreements. They shall not contain or be based on criteria which are based, whether directly or indirectly, on workers’ sex.
2021/10/26
Committee: EMPLFEMM
Amendment 571 #

2021/0050(COD)

Proposal for a directive
Article 4 – paragraph 4
4. Whenever differences in pay can be attributed to a single source establishing the pay conditions, the assessment whether workers are carrying out the same work or work of equal value shall not be limited to situations in which female and male workers work for the same employer but may be extended to that single source. The assessment shall also not be limited to workers employed at the same time as the worker concerned. Where no real comparator can be established, a comparison with a hypothetical comparator or the use of other evidence allowing to presume alleged discrimination shall be permitted.deleted
2021/10/26
Committee: EMPLFEMM
Amendment 594 #

2021/0050(COD)

Proposal for a directive
Article 5 – paragraph 1
1. Applicants for employment shall have the right to receive from the prospective employer information about the initial pay level or its range, based on objective, gender-neutral criteria, to be attributed for the position concerned. Such information shall be indicated in a published job vacancy notice or otherwise provided to the applicant prior to the job interview without the applicant having to request it.deleted
2021/10/26
Committee: EMPLFEMM
Amendment 605 #

2021/0050(COD)

Proposal for a directive
Article 5 – paragraph 2
2. An employer shall not, orally or in writing, personally or through a representative, ask applicants about their pay history during their previous employment relationships.deleted
2021/10/26
Committee: EMPLFEMM
Amendment 621 #

2021/0050(COD)

Proposal for a directive
Article 6 – paragraph 1
The employer shall make easily accessible to its workers a description of the criteria used to determine pay levels and career progression for workers. These criteria shall be gender-neutral and in accordance with national law and practices.
2021/10/26
Committee: EMPLFEMM
Amendment 640 #

2021/0050(COD)

Proposal for a directive
Article 7 – paragraph 1
1. Workers shall have the right to receive information on their individual pay level and the average pay levels, broken down by sexpay differences and differences in median pay, broken down by sex in the pay statistics, for categories of workers doing the same work as them or work of equal value to theirs for the same employer, in accordance with paragraphs 3 and 4.
2021/10/26
Committee: EMPLFEMM
Amendment 674 #

2021/0050(COD)

Proposal for a directive
Article 8 – paragraph 1 – introductory part
1. Employers with at least 250 workers shall provide the following information concerning their organisation, in accordance with paragraphs 2, 3, and 5:Member States shall, with regard to their respective labour market models and traditions, take appropriate measures to ensure that employers with at least 500 workers map the pay gap between men and women in the different categories of workers.
2021/10/26
Committee: EMPLFEMM
Amendment 689 #

2021/0050(COD)

Proposal for a directive
Article 8 – paragraph 1 – point a
(a) the pay gap between all female and male workers;deleted
2021/10/26
Committee: EMPLFEMM
Amendment 696 #

2021/0050(COD)

Proposal for a directive
Article 8 – paragraph 1 – point b
(b) the pay gap between all female and male workers in complementary or variable components;deleted
2021/10/26
Committee: EMPLFEMM
Amendment 701 #

2021/0050(COD)

Proposal for a directive
Article 8 – paragraph 1 – point c
(c) the median pay gap between all female and male workers;deleted
2021/10/26
Committee: EMPLFEMM
Amendment 708 #

2021/0050(COD)

Proposal for a directive
Article 8 – paragraph 1 – point d
(d) the median pay gap between all female and male workers in complementary or variable components;deleted
2021/10/26
Committee: EMPLFEMM
Amendment 712 #

2021/0050(COD)

Proposal for a directive
Article 8 – paragraph 1 – point e
(e) the proportion of female and male workers receiving complementary or variable components;deleted
2021/10/26
Committee: EMPLFEMM
Amendment 714 #

2021/0050(COD)

Proposal for a directive
Article 8 – paragraph 1 – point f
(f) the proportion of female and male workers in each quartile pay band;deleted
2021/10/26
Committee: EMPLFEMM
Amendment 717 #

2021/0050(COD)

Proposal for a directive
Article 8 – paragraph 1 – point g
(g) the pay gap between female and male workers by categories of workers broken down by ordinary basic salary and complementary or variable components.deleted
2021/10/26
Committee: EMPLFEMM
Amendment 735 #

2021/0050(COD)

Proposal for a directive
Article 8 – paragraph 2
2. The accuracy of the information shall be confirmed by the employer’s management.deleted
2021/10/26
Committee: EMPLFEMM
Amendment 739 #

2021/0050(COD)

Proposal for a directive
Article 8 – paragraph 3
3. The employer shall publish the information referred to in paragraph 1, points (a) to (f) on an annual basis in a user-friendly way on its website or shall otherwise make it publicly available. The information from the previous four years, if available, shall also be accessible upon request. In addition, the employer shall share this information with the monitoring body referred to in paragraph 6.deleted
2021/10/26
Committee: EMPLFEMM
Amendment 752 #

2021/0050(COD)

Proposal for a directive
Article 8 – paragraph 4
4. Member States may decide to compile the information set out in paragraph 1, points (a) to (f) themselves, on the basis of administrative data such as data provided by employers to the tax or social security authorities. This information shall be made public in accordance with paragraph 6.deleted
2021/10/26
Committee: EMPLFEMM
Amendment 762 #

2021/0050(COD)

Proposal for a directive
Article 8 – paragraph 5
5. The employer shall provide the information referred to in paragraph 1, point (g) to all workers and, their trade union representatives, as well as to the monitoring body referred to in paragraph 6. It shall provide it to the labour inspectorate and the equality body upon their request. T or the trade union with which the employer has struck a collective bargaining agreement. The employer shall, upon request, provide the information fromto the previous four years,monitoring body appointed ifn available, shall also be provided upon requestccordance with article 26 of this directive.
2021/10/26
Committee: EMPLFEMM
Amendment 773 #

2021/0050(COD)

Proposal for a directive
Article 8 – paragraph 6
6. Member States shall entrust the monitoring body designated pursuant to Article 26 to collect the data received from employers pursuant to paragraph 1, points (a) to (f) and to ensure that this data is public and allows a comparison between employers, sectors and regions of the Member State concerned in a user- friendly way.deleted
2021/10/26
Committee: EMPLFEMM
Amendment 781 #

2021/0050(COD)

Proposal for a directive
Article 8 – paragraph 7
7. Workers and their representatives, labour inspectThose entitled to informates and equality bodiesion from the employer pursuant to article 2 shall have the right to ask the employer for additional clarifications and details regarding any of the data provided, including explanations concerning any gender pay differences. The employer shall respond to such request within a reasonable time by providing a substantiated reply. Where gender pay differences are not justified by objective and gender-neutral factors, the employer shall remedy the situation in close cooperation with the workers’ representatives, the labour inspectorate and/or the equality bodytake appropriate measures.
2021/10/26
Committee: EMPLFEMM
Amendment 794 #

2021/0050(COD)

Proposal for a directive
Article 9 – paragraph 1
1. Member States shall take appropriate measures to ensure that employers with at least 250 workers conduct, in cooperation with their workers’ representatives, a joint pay assessment where both of the following conditions are met: (a) the pay reporting conducted in accordance with Article 8 demonstrates a difference of average pay level between female and male workers of at least 5 per cent in any category of workers; (b) the employer has not justified such difference in average pay level by objective and gender-neutral factors.deleted
2021/10/26
Committee: EMPLFEMM
Amendment 823 #

2021/0050(COD)

Proposal for a directive
Article 9 – paragraph 2
2. The joint pay assessment shall include the following: (a) an analysis of the proportion of female and male workers in each category of workers; (b) detailed information on average female and male workers’ pay levels and complementary or variable components for each category of workers; (c) identification of any differences in pay levels between female and male workers in each category of workers; (d) the reasons for such differences in pay levels and objective, gender-neutral justifications, if any, as established jointly by workers’ representatives and the employer; (e) measures to address such differences if they are not justified on the basis of objective and gender-neutral criteria; (f) a report on the effectiveness of any measures mentioned in previous joint pay assessments.deleted
2021/10/26
Committee: EMPLFEMM
Amendment 841 #

2021/0050(COD)

Proposal for a directive
Article 9 – paragraph 3
3. Employers shall make the joint pay assessments available to workers, workers’ representatives, the monitoring body designated pursuant to Article 26, the equality body and the labour inspectorate.deleted
2021/10/26
Committee: EMPLFEMM
Amendment 847 #

2021/0050(COD)

Proposal for a directive
Article 9 – paragraph 4
4. If the joint pay assessment reveals differences in average pay for equal work or work of equal value between female and male workers which cannot be justified by objective and gender-neutral criteria, the employer shall remedy the situation, in close cooperation with the workers’ representatives, labour inspectorate, and/or equality body. Such action shall include the establishment of gender-neutral job evaluation and classification to ensure that any direct or indirect pay discrimination on grounds of sex is excluded.deleted
2021/10/26
Committee: EMPLFEMM
Amendment 915 #

2021/0050(COD)

Proposal for a directive
Article 16 – paragraph 1
1. Member States shall take the appropriate measures, in accordance with their national judicial systems, to ensure that, when workers who consider themselves wronged because the principle of equal pay has not been applied to them, establish before a court or other competent authority, facts from which it may be presumed that there has been direct or indirect discrimination, it shall be for the defendant to prove that there has been no direct or indirect discrimination in relation to pay.deleted
2021/10/26
Committee: EMPLFEMM
Amendment 918 #

2021/0050(COD)

Proposal for a directive
Article 16 – paragraph 2
2. Member States shall ensure that, in any legal or administrative proceedings concerning direct or indirect discrimination, where an employer failed to comply with any of the rights or obligations related to pay transparency set out in Articles 5 through 9 of this Directive, it shall be for the employer to prove that there has been no such discrimination.deleted
2021/10/26
Committee: EMPLFEMM
Amendment 922 #

2021/0050(COD)

Proposal for a directive
Article 16 – paragraph 3
3. The claimant shall benefit from any doubt that might remain.deleted
2021/10/26
Committee: EMPLFEMM
Amendment 926 #

2021/0050(COD)

Proposal for a directive
Article 16 – paragraph 5
5. Member States need not apply paragraph 1 to proceedings in which it is for the court or competent body to investigate the facts of the case.deleted
2021/10/26
Committee: EMPLFEMM
Amendment 935 #

2021/0050(COD)

Proposal for a directive
Article 18 – paragraph 2
2. Limitation periods shall not begin to run before the violation of the principle of equal pay between men and women for equal work or for work of equal value or infringement of the rights or obligations under this Directive has ceased and the claimant knows, or can reasonably be expected to know, about the violation or infringement.deleted
2021/10/26
Committee: EMPLFEMM
Amendment 939 #

2021/0050(COD)

Proposal for a directive
Article 18 – paragraph 3
3. Member States shall ensure that the limitation periods for bringing claims are set at three years at least.deleted
2021/10/26
Committee: EMPLFEMM
Amendment 948 #

2021/0050(COD)

Proposal for a directive
Article 18 – paragraph 4
4. Member States shall ensure that a limitation period is suspended or, depending on national law, interrupted, as soon as a claimant undertakes action by lodging a claim or bringing the claim to the attention of the employer, workers’ representatives, labour inspectorate or equality body.deleted
2021/10/26
Committee: EMPLFEMM
Amendment 953 #

2021/0050(COD)

Proposal for a directive
Article 19 – paragraph 1
Claimants who prevail on a pay discrimination claim shall have the right to recover from the defendant, in addition to any other damages, reasonable legal and experts’ fees and costs. Defendants who prevail on a pay discrimination claim shall not have the right to recover any legal and experts’ fees from the claimant(s) and costs, unless the claim was brought in bad faith, was clearly frivolous or where such non-recovery is considered manifestly unreasonable under the specific circumstances of the case.deleted
2021/10/26
Committee: EMPLFEMM
Amendment 72 #

2021/0049(COD)

Proposal for a decision
Article 3 – paragraph 1
1. The Union’s financial contribution to the Metrology Partnership, including the European Free Trade Association appropriations and third country appropriations, shall not exceed the Participating States' contributions to the Metrology Partnership. The Union financial contribution shall be up to EUR 300 million to match the contributions of the ParticipatingMember States and EEA States specified in Article 1 (1). The Union contribution shall be appropriately increased when contributions from further associated third countries participating in the Metrology Partnership in accordance with Article 16 of Horizon Europe Regulation and provided that that amount is at least matched by the contribution of the Participating States.
2021/06/09
Committee: ITRE
Amendment 76 #

2021/0049(COD)

Proposal for a decision
Article 5 – paragraph 1
1. The Participating States specified in Article 1(1) shall make contributions or arrange for their national funding bodies to make contributions, whether financial or in kind, of at least EUR 363 million during the period from 1 January 2021 until 31 December 2031. A relevant share of the contributions from the Participating States shall be in the form of financial contributions.
2021/06/09
Committee: ITRE
Amendment 81 #

2021/0049(COD)

Proposal for a decision
Article 5 – paragraph 5
5. For the purpose of valuing the in- kind contributions referred to in paragraph 2, points (a) and (b), the costs shall be determined in accordance with a harmonized approach, with criteria and processes to be established by the Metrology Partnership Committee in accordance with Article 14. To the extent possible, the reporting of costs shall follow the reporting procedures of Horizon Europe, while taking into account the usual accounting practices of the Participating States or the national funding bodies concerned, the applicable accounting standards of the Participating State where the national funding bodies concerned are established and the applicable International Accounting Standards and International Financial Reporting Standards. The costs shall be certified by an independent auditor appointed by the Participating States or the national funding bodies concerned. Should there be any uncertainty arising from the certification, the valuation method may be verified by EURAMET. In the event of remaining uncertainties, the valuation method may be audited by EURAMET.
2021/06/09
Committee: ITRE
Amendment 205 #

2021/0048(NLE)


Recital 7
(7) Where relevant, partnerships should consider Technical Screening Criteria as of Art. 3 and the “Do No Significant Harm” principle as of Art. 17 of the Regulation (EU) 2020/852 as an instrument to improve their projects readiness and access to green financing that will be crucial for market uptake and wider deployment of the innovative technologies and solutions they will deliver. Scientific evidence is at the core of the Technical Screening Criteria. Research and innovation, pursued by Partnerships, should play an important role to help economic operators reach or go beyond the standards and thresholds set up in the Regulation and to keep the Technical Screening Criteria up-to-date and consistent with the European Green Deal objectives.deleted
2021/06/09
Committee: ITRE
Amendment 214 #

2021/0048(NLE)


Recital 14
(14) Horizon Europe introduces a more strategic, coherent and impact-driven approach to European partnerships, building on the lessons learned from the Horizon 2020 interim evaluation. In line with the new ambition, this Regulation aims at a more effective use of institutionalised European partnerships notably by focusing on clear objectives, outcomes and impact that can be achieved by 2030, and by ensuring a clear contribution to the related Union policy priorities and policies. Close collaboration and synergies with other relevant initiatives at Union, national and regional level, in particular with other European partnerships, are key in achieving greater impact and ensuring take up of results. To this end, the Commission should develop clear, simple and concrete guidelines to enact the different types of synergies (i.e. transfer of resources, alternative funding, cumulative funding and integrated funding). Synergies and complementarities with the European financial institutions, such as European Bank for Reconstruction and Development and the European Investment Bank, as well as with relevant industrial alliances and with charitable foundations and trusts, should also be explored. In assessing the overall impact, broader investments beyond the contributions from partners and triggered by the joint undertakings that contribute to achieving their objectives should be taken into account. This Regulation should facilitate the acceleration of market uptake of innovative solutions, preferably in Europe, by industry and SMEs of all joint undertakings, thereby improving the socio-economic impact of their activities.
2021/06/09
Committee: ITRE
Amendment 248 #

2021/0048(NLE)


Recital 29
(29) The joint undertakings should operate in an open and transparent way, providing all relevant information in a timely manner to their appropriate bodies as well as promoting their activities, including information and dissemination activities, to the wider public, engaging in awareness raising campaigns, promoting educational and dissemination activities, with the involvement of academic, scientific and knowledge networks, social and economic partners, industry and SMEs associations and media. All joint undertakings should make dedicated efforts to ensure that the public is sufficiently and timely informed of the joint undertakings’ activities and should provide appropriate information on their respective websites, including the publication of relevant documentation. They should enhance the dialogue with society, increase awareness on innovative technologies and developments, favor active participation in all stages of scientific inquiry, thus enabling citizens toco-design solutions, contribute to ideas and create constructive attitudes about the activities and the results of the joint undertakings, thereby increasing trust in technological solutions to current and future challenges.
2021/06/09
Committee: ITRE
Amendment 264 #

2021/0048(NLE)


Recital 39
(39) In the context of the European Commission’s priority of “A European Green Deal”13 supported by the revised Union Bioeconomy Strategy14 , the EU Biodiversity Strategy15 , the Clean Planet for All Communication16 , the Circular Economy Action Plan17 and the new Farm to Fork communication18 , and the United Nations Sustainable Development Goals, the European bio-based sector, including SMEs and start-ups, regions and primary producers should become climate neutral, more circular and more sustainable while remaining competitive on the global scale. A strong, resource efficient and competitive bio-based innovation ecosystem can decrease dependency on and accelerate the substitution of non- renewable fossil raw materials and mineral resources. It can develop renewable bio- based products, materials, processes and nutrients from waste and biomass through sustainability and circularity-driven innovation. Such ecosystem can also create value from local feedstock – including waste, residues and side-streams – to deliver jobs, economic growth and development throughout the Union not only in urban areas but also in rural and coastal territories where biomass is produced and that are often peripheral regions that rarely benefit from industrial development. It can also contribute to the identification of solutions using negative emissions technologies, such as carbon capture storage and utilisation technologies. _________________ 13 https://ec.europa.eu/info/strategy/priorities- 2019-2024/european-green-deal_en 14 COM(2018)673 final 15 COM/2020/380 final 16https://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=CELEX:52018 DC0773&from=EN 17 COM(2020)98 final 18 COM(2020)381 final
2021/06/09
Committee: ITRE
Amendment 276 #

2021/0048(NLE)


Recital 44 a (new)
(44 a) Clean and sustainable aviation, which is facing significant challenges due to the COVID-19 pandemic, has been recognised as avital element for Union’s success in a highly competitive world. A share of the 5.4 billion Euros that were allocated, under the inter-institutional agreement on the MFF, to Horizon Europe from Next Generation EU, should be allocated to the Clean Aviation Joint Undertaking. The Clean Aviation Joint Undertaking could expand the aeronautics research support base in different ways. It could help import new knowledge, solutions and innovation potential by finding ideas in other sciences and sectors. It could also enable students to contribute in an industrial environment, particularly in SMEs. Successful collaboration between joint undertakings and academic institutions may lead to sponsored research contracts, funded collaborations, student internship programs, shared specialized facilities, industry affiliates programs, grants, awards, prizes that energize the academic community.
2021/06/09
Committee: ITRE
Amendment 278 #

2021/0048(NLE)


Recital 46
(46) In order to maximise synergies between programmes at Union, national and regional level, the members of the States’ Representatives Group of the Clean Aviation Joint Undertaking should explore possibilities to provide financial support at national level to excellent proposals that were not selected for funding by the Clean Aviation Joint Undertaking due to oversubscription. It is of particular importance for the Member States and the regions to maximise the alignment of their smart specialisation strategies and operational programmes with Clean Aviation work programmes to enable the 5% transfer mechanism from European structural and investment funds to the Clean Aviation Joint Undertaking or other forms of implementation of the synergies such as complementary projects, cumulative funding or synergy labels. The Clean Aviation Joint Undertaking should develop synergies and additional technical activities, in particular through complementarities with the Clean Hydrogen and Circular Bio-based Europe Joint Undertakings, the European Defence Fund, Connecting Europe Facility, Digital Europe Programme and relevant industrial alliances.
2021/06/09
Committee: ITRE
Amendment 303 #

2021/0048(NLE)


Recital 62
(62) Tackling infectious diseases affecting sub-Saharan Africa with modern technology tools requires the involvement of a large set of actors and long-term commitments. The Global Health EDCTP3 Joint Undertaking should broker productive and sustainable North–South and South–South networking and cooperation, building relationships with multiple private, non-profit and public sector organisations to strengthen project and institutional collaborations. The programme should also help to establish new North–South and South-South collaborations to conduct multi-country, multi-site studies in sub-Saharan Africa. In addition, a regular international conference, the EDCTP Forum, should provide a platform for scientists and relevant networks from Europe, Africa, and elsewhere to share findings and ideas, and to establish collaborative links.
2021/06/09
Committee: ITRE
Amendment 332 #

2021/0048(NLE)


Recital 81
(81) The Single European Sky ATM Research 3 Joint Undertaking should build on the experience of the SESAR Joint Undertaking and continue its coordination role for ATM research in the Union. The main objectives of the Single European Sky ATM Research 3 Joint Undertaking should be able to support the actions meant to strengthen and further integrate the research and innovation capacity in Europe, helpwhich ing tourn would help accelerate the digitalisation of the sector and rendering it more resilient and scalable to fluctuations in traffic. It should contribute to strengthen, through innovation, the competitiveness of manned and unmanned air transport and ATM services, to support economic recovery and growth. It should support the development and accelerate the market uptake of innovative solutions to establish the Single European Sky airspace as the most efficient and environmentally friendly sky to fly in the world.
2021/06/09
Committee: ITRE
Amendment 407 #

2021/0048(NLE)


Article 5 – paragraph 2 – point c
(c) seekdevelop effective synergies with and, where appropriate, possibilities for further funding from relevant activities and programmes at Union, national, and regional level, in particular with those supporting the deployment of innovative solutions, education and regional development, such as Cohesion policy funds in line with smart specialisation strategies, as well as with the European financial institutions such as the European Bank for Reconstruction and Development and the European Investment Bank, and with relevant industrial alliances and charitable foundations and trusts;
2021/06/09
Committee: ITRE
Amendment 427 #

2021/0048(NLE)


Article 5 – paragraph 2 – point o
(o) consider the ‘Do No Significant Harm Principle’ pursuant to Article 17 of Regulation (EU) 2020/852 and take into account the provisions of that Regulation to improve access to sustainable finance, where relevant;deleted
2021/06/09
Committee: ITRE
Amendment 451 #

2021/0048(NLE)


Article 10 – paragraph 1
1. The Union financial contribution to the joint undertakings, including EFTA appropriations, shall cover administrative and operational costs up to the maximum amounts specified in Part Two. The Union contribution specified in Part Two may be increased with contributions from third countries ifwhen the latter arbecome available, in accordance with Article 16(5) of Horizon Europe Regulation.
2021/06/09
Committee: ITRE
Amendment 524 #

2021/0048(NLE)


Article 17 – paragraph 1
1. The executive director shall be appointed by the governing board on the basis of merit and skills, from the list of candidates proposed by the Commission, following an open and transparent selection procedure which shall respect the principle of genderexcellence, gender and geographical balance.
2021/06/09
Committee: ITRE
Amendment 554 #

2021/0048(NLE)


Article 19 – paragraph 2
2. There shall be a balanced representation of experts among the members of the scientific advisory body, within the scope of the activities of the joint undertaking, including with respect to genderexcellence, gender and geographical balance. Collectively, the members of the scientific advisory body shall have the necessary competences and expertise covering the technical domain in order to make science-based recommendations to the joint undertaking, taking into account the socio-economic impact of such recommendations and the objectives of the joint undertaking.
2021/06/09
Committee: ITRE
Amendment 611 #

2021/0048(NLE)


Article 34 – paragraph 2
2. For the purposes of developing, implementing, monitoring and evaluating Union policies or programmes, the joint undertaking shall provide the Commission with the information included in submitted proposals. All relevant data related to projects funded by the joint undertakings shall be included in the single Horizon Europe database.
2021/06/09
Committee: ITRE
Amendment 695 #

2021/0048(NLE)


Article 58 – paragraph 1
The Union financial contribution from the Horizon Europe Programme to the Clean Aviation Joint Undertaking, including EFTA appropriations, to cover administrative costs and operational costs shall be up to EUR 1 700 000 000, including up to EUR 39 223 000 for administrative costs. The Union contribution mayshall include allocations to Horizon Europe from Next Generation Europe, in compliance with the Regulation on the European Recovery Instrument. The Union contribution shall be increased with contributions from third countries if the latter are available.
2021/06/09
Committee: ITRE
Amendment 713 #

2021/0048(NLE)


Article 65 – paragraph 5
5. The Technical Committee shall develop and maintainupdate and evolve the technological roadmap and strategy of the programme, according to technical progress of the Clean Aviation work programme and shall provide advice on potential solutions or adjustments to the SRIA, when appropriate. It shall propose and prepare for adoption by the Governing Board, as appropriate, the scope and programming of the research actions, the technical strategy and the overall research roadmap of the Clean Aviation Joint Undertaking. A Governing Board member may be delegated to follow the activities therein.
2021/06/09
Committee: ITRE
Amendment 826 #

2021/0048(NLE)


Article 85 – paragraph 2 a (new)
2 a. By way of derogation from Article 7(2) the assessment of applications for membership from any legal entity established in a country associated to the Horizon Europe Programme shall be subject to the proportionate increase of the Union contribution from the Horizon Europe Programme to the Europe’s Rail Joint Undertaking by contributions from the corresponding country associated to Horizon Europe.
2021/06/09
Committee: ITRE
Amendment 948 #

2021/0048(NLE)


Article 130 – paragraph 2 – point e
(e) activities to develop the ecosystem supporting the cooperation of technology users and suppliers. also with projects in Lighthouse Initiatives;
2021/06/09
Committee: ITRE
Amendment 6 #

2020/2255(INL)

1. Notes that the 'New Pact on Migration and Asylum' is a holistic attempt to address Europe's migration challenges; stresses however that many of these challenges originate outside Europe and urges that the root causes and drivers of migration be effectively addressed in the country of origin or transit;
2021/07/22
Committee: DEVE
Amendment 21 #

2020/2255(INL)

Draft opinion
Paragraph 2
2. Recalls Member States’ right to determine their own migration policies; underlines that facilitating labour migration at Union level undermines Member States’ unique and diverse labour market policiesArticle 79(5) TFEU reserves the right for Member States to determine volumes of admission of third country nationals coming to their territory to seek work; considers that increasing regular migration channels will not automatically reduce illegal migration or human trafficking;
2021/07/22
Committee: DEVE
Amendment 29 #

2020/2255(INL)

Draft opinion
Paragraph 3
3. Points out that external borders must be secured and that migrants who lack the right to stay or enter the Member States must be swiftly returned; supports proposals for an accelerated border procedure to apply to persons whose asylum applications have been rejected; underscores that reintegration shall be linked to longer-term development rationales therefore needing an approach based on cooperation with migration and return actors as well as on designing programmes from a needs-based, bottom- up perspective in line with national and local development plans;
2021/07/22
Committee: DEVE
Amendment 43 #

2020/2255(INL)

Draft opinion
Paragraph 4
4. Underlines that emigration of highly qualified citizgenuine circular migration policy instruments deprivesmay support countries of origin of their human capital and an educated workforce (“brain drain”) and seriously hampers as regards their economic and social development, especially through remittances; calls for the future EU Talent Partnerships to address this issue and take on board lessons from the recent EU pilot projects on legal migration;
2021/07/22
Committee: DEVE
Amendment 58 #

2020/2255(INL)

Draft opinion
Paragraph 5
5. Calls for strengthening international law enforcement efforts, in cooperation with local governments, to combat criminal networks of smugglers contributing to illegal migration; stresses the importance of ensuring the protection of fundamental rights to migrants living in third countries, including in transit countries;
2021/07/22
Committee: DEVE
Amendment 68 #

2020/2255(INL)

Draft opinion
Paragraph 6
6. Calls for the appropriate use of the NDICI-Global Europe to contribute to reducing migration flows by stimulating economic growth and sustainable development in third countries; recalls that the pandemic has profoundly affected the capacity of host developing countries to manage the presence of migrants and refugees; urges the Union to foresee alternative solution to support them such as by extending preferential trade arrangements for countries hosting large numbers of refugees;
2021/07/22
Committee: DEVE
Amendment 74 #

2020/2255(INL)

Draft opinion
Paragraph 6 a (new)
6 a. Highlight that increases in GDP per capita in developing countries might in the short-term lead to an increase in migration; underlines therefore that the Union's migration approach needs to be based on a wide range of policy tools and joint objectives namely development cooperation, security, visa, trade, agriculture, investment and employment, energy, environment and climate change, and education which shall however not be dealt with in isolation by adopting therefore a Policy Coherence for Sustainable Development approach;
2021/07/22
Committee: DEVE
Amendment 142 #

2020/2242(INI)

Motion for a resolution
Paragraph 7 a (new)
7a. Believes that low-carbon hydrogen in combination with carbon capture and storage/utilisation would be needed in view of creating a sustainable hydrogen economy and reaching EU climate goals; calls, therefore, on the Commission to assess carefully the EU hydrogen needs in the upcoming years and what energy sources, including nuclear, can contribute to filling the need in order to fulfil the 2050 climate neutrality objectives, taking into account EU energy security considerations;
2020/12/11
Committee: ITRE
Amendment 192 #

2020/2242(INI)

Motion for a resolution
Paragraph 10 a (new)
10a. Acknowledges that nuclear is the largest non-weather dependent source of low-carbon electricity that can be used to produce large amounts of low-carbon hydrogen through electrolysis; recognises that a single 1,000 megawatt nuclear reactor could produce more than 200,000 tonnes of low-carbon hydrogen each year in the most economical way;
2020/12/11
Committee: ITRE
Amendment 269 #

2020/2242(INI)

Motion for a resolution
Paragraph 13 a (new)
13a. Considers that, on the user side, the Commission should focus on sectors with a solvency for the unique properties of hydrogen and where cheaper alternatives such as electrification or renewable biofuels are not an option; believes that emission-free steel production is a good example where initiatives for industrial clusters around electrification and hydrogen are well justified;
2020/12/11
Committee: ITRE
Amendment 92 #

2020/2241(INI)

Motion for a resolution
Paragraph 4
4. DeplorAcknowledges the insufficient progress made by Member States, as set out in the Energy Efficiency Progress Report; encourages the Commission to propose more ambitious targetexplore the impacts of revised targets on businesses, notably SMEs, taking into account its recommendations as part of the Energy Union governance process; welcomes, in this regard, the renovation wave strategy; emphasizes that the renovation of the existing building stock does not fully compensate for the need to produce more low carbon energy;
2020/12/11
Committee: ITRE
Amendment 120 #

2020/2241(INI)

Motion for a resolution
Paragraph 6 a (new)
6 a. Regrets that the Commission’s draft taxonomy delegated act undermines the climate goals with regards to renewable energy sources, encourages the Commission to embrace a technological neutral approach based on life-cycle GHG emissions and not demand stricter rules from hydropower, biofuel and biogas, than other renewable energy sources; Furthermore, regrets that nuclear power is broken out and dealt with in a separate delegated act as this undermines the holistic energy system perspective, and limits Member States' possibilities for self- determination over the energy mix;
2020/12/11
Committee: ITRE
Amendment 144 #

2020/2241(INI)

Motion for a resolution
Paragraph 9
9. Calls for the mass deployment of renewable, low carbon and decarbonised energy at competitive costs; encourages the Commission to propose more ambitious targetmeasures in order to increase the share of such energy in electricity generation, heavy industry, transport, construction, heating and cooling;
2020/12/11
Committee: ITRE
Amendment 168 #

2020/2241(INI)

Motion for a resolution
Paragraph 11
11. Calls on the Commission to extend the obligation laid down in Directive (EU) 2018/2001 for Member States to issue guarantees of origin forthat ensure the traceability of low- and zero- carbon gases and for renewables based on a science-based life-cycle analysis; considers that all sustainable and cost-effective biofuels will be needed and believes that it would be environmentally and economically counterproductive to revise the renewable directive's sustainability criteria for forest biofuels in the way indicated in the Commissions energy system integration strategy; believes that sustainable forest management can contribute to climate adaptation by replacing fossil raw materials and through a long-term increased sequestration of carbon in forests;
2020/12/11
Committee: ITRE
Amendment 179 #

2020/2241(INI)

Motion for a resolution
Paragraph 12
12. Stresses the need to accelerate research and, development onand full exploitation of technologies for CO2 capture, storage and reuse; emphasizes that the EU needs a technological revolution making large-scale carbon capture (CCS) storage solutions profitable in order to combine economic growth with reduced greenhouse gas emissions;
2020/12/11
Committee: ITRE
Amendment 243 #

2020/2241(INI)

Motion for a resolution
Paragraph 18
18. Calls on the Commission and the Members States to explore ways of further encouraging, through effective incentives, the development of a European market for demand-side flexibility, potentials for energy storage and balancing electricity grid; welcomes flexible integrated energy systems that aim to optimize the district heating/cooling sector contributing to the balancing of the electricity grid, cost- effective use of renewable energy sources and waste heat integration at local/regional level;
2020/12/11
Committee: ITRE
Amendment 300 #

2020/2241(INI)

Motion for a resolution
Paragraph 23
23. Recalls that one of the objectives of the Energy Union is to reduce our import dependency and to ensure security of supply; considers that the creation of synergies can help achieve this objective;
2020/12/11
Committee: ITRE
Amendment 317 #

2020/2241(INI)

Motion for a resolution
Paragraph 25 a (new)
25 a. Welcomes the development of carbon dioxide capture and storage (CCS) and carbon capture utilisation and storage (CCUS) when it may be necessary to achieve climate neutrality, and to provide negative emissions by CCS on biomass combustion, and to reduce emissions where other reasonable alternatives through CCS at fossil fuel emissions, particularly in certain industrial processes; in this regard, welcomes the Commission proposal to convene an annual European CCUS Forum as part of the Clean Energy Industrial Forum to further study options to foster such projects;
2020/12/11
Committee: ITRE
Amendment 321 #

2020/2241(INI)

Motion for a resolution
Paragraph 25 b (new)
25 b. Considers that the EU should promote regulatory solutions in the heating sector and energy efficiency legislation which respect the variation between Member States' conditions and most appropriate solutions which are particularly large in these sectors;
2020/12/11
Committee: ITRE
Amendment 324 #

2020/2241(INI)

Motion for a resolution
Paragraph 25 c (new)
25 c. Believes that both increased energy system integration and consumers have the opportunity to play an active role which requires a well-functioning energy market with accurate price signals that reflects the cost-effectiveness of different technical systems and greenhouse gas emissions; considers that current regulations enable uncompetitive prices for nuclear power in some Member States that do not sufficiently lead to a cost- effective decarbonised transition;
2020/12/11
Committee: ITRE
Amendment 325 #

2020/2241(INI)

Motion for a resolution
Paragraph 25 d (new)
25 d. Underlines that the EU’s climate policy and energy policy has to go hand in hand within creased economic growth; stresses that the energy policy must therefore always encourage cost-effective, low carbon and reliable energy sources that ensure the industry's access to energy.
2020/12/11
Committee: ITRE
Amendment 5 #

2020/2217(INI)

Motion for a resolution
Citation 29 a (new)
- having regard to the Joint Declaration of Member States on Building the next generation cloud for businesses and the public sector in the EU, 2020
2020/11/12
Committee: ITRE
Amendment 8 #

2020/2217(INI)

Motion for a resolution
Citation 29 b (new)
- having regard to the Final report prepared by the High-Level Expert Group on Business-to-Government Data Sharing, 2020
2020/11/12
Committee: ITRE
Amendment 13 #

2020/2217(INI)

Motion for a resolution
Recital A a (new)
A a. whereas digitalisation is not only an economic opportunity but also enhances security, geopolitical resilience and strategic relevance of the Union;
2020/11/12
Committee: ITRE
Amendment 24 #

2020/2217(INI)

Motion for a resolution
Recital B a (new)
B a. whereas public sector and government-generated data at national and local level is a resource that can serve as a powerful engine for creating new jobs and promoting economic growth that can be harnessed in the development of AI systems and data analytics, contributing to a stronger, competitive and more interconnected industry;
2020/11/12
Committee: ITRE
Amendment 32 #

2020/2217(INI)

Motion for a resolution
Recital C
C. whereas the Union must urgently take action to reap the benefits of data by building an competitive, innovation- friendly, ethically sustainable, human- centric, trustworthy and secure data society and economy that respects human rights and democracy;
2020/11/12
Committee: ITRE
Amendment 40 #

2020/2217(INI)

Motion for a resolution
Recital D
D. whereas all uses of personal data should be consistent with the General Data Protection Regulation and the e-Privacy Directive; and whereas there are non personal or public sector data respectively consistent with Regulation on Free Flow of non-personal Data and Open Data Directive;
2020/11/12
Committee: ITRE
Amendment 63 #

2020/2217(INI)

Motion for a resolution
Paragraph 1
1. Welcomes the Commission communication entitled ‘A European strategy for data’; believes that it is a prerequisite for the viability of European industries and nascent AI, and a vital step towards a democratic data society, which will bring better services, growth and jobs; underlines the importance to avoid protectionism and to allow access to data spaces to non-EU stakeholders, strictly complying with EU privacy, data protection, cybersecurity standards and rules;
2020/11/12
Committee: ITRE
Amendment 70 #

2020/2217(INI)

Motion for a resolution
Paragraph 1 a (new)
1 a. Believes that the free flow of data across borders is critical to seize all the potential of the data economy and stresses that preserving the flow of data must remain a foundation of Europe’s values and objectives;
2020/11/12
Committee: ITRE
Amendment 74 #

2020/2217(INI)

Motion for a resolution
Paragraph 2
2. Notes that the COVID-19 crisis highlights the role of real-time data sharing and the need for interoperability of solutions across Member States; stresses the need to accelerate the establishment of sectoral data spaces, as well as the deployment of data infrastructures, tools and computing capacity, in particular Common European Health Data Space by supporting the development of national electronic health records and interoperability of health data;
2020/11/12
Committee: ITRE
Amendment 100 #

2020/2217(INI)

Motion for a resolution
Paragraph 3 a (new)
3 a. Believes that achieving the goals of the Data Strategy shall not create market distortions within the Union; underlines that future legislation must be designed to facilitate technological development, innovation, data access, interoperability and data portability;
2020/11/12
Committee: ITRE
Amendment 109 #

2020/2217(INI)

Motion for a resolution
Paragraph 4
4. Notes that a well-built data society benefits all, empowers workers, start-ups and SMEs, creates quality employment, facilitates economic growth and innovation, instead of lowering their working conditions, and does not lead to inequality or digital gaps;
2020/11/12
Committee: ITRE
Amendment 114 #

2020/2217(INI)

Motion for a resolution
Paragraph 5
5. Stresses that the increasing volume, development, storage and processing of industrial and public data in the Union is a source of growth and innovation that should be tapped; believes that this growth can be enhanced via a level playing field and strong multi-player fair market economy, which fully respects the technological-neutrality principle;
2020/11/12
Committee: ITRE
Amendment 119 #

2020/2217(INI)

Motion for a resolution
Paragraph 5 a (new)
5 a. Highlights the role of European start-ups, SMEs in creation of economic growth and jobs, as well as the current market imbalances in access to data;
2020/11/12
Committee: ITRE
Amendment 129 #

2020/2217(INI)

Motion for a resolution
Paragraph 6 a (new)
6 a. Urges the Commission to perform in advance an in-depth evaluation and mapping of the existing legislation covering data sharing aspects; assess if adjustments or additional requirements are needed to support the European data economy and safeguard fair competition for all affected actors, while avoiding legal overlaps with existing and new legislation on the EU Data Strategy;
2020/11/12
Committee: ITRE
Amendment 134 #

2020/2217(INI)

Motion for a resolution
Paragraph 6 b (new)
6 b. Notes that European companies operating in some third countries are increasingly faced with unjustified barriers and digital restrictions; welcomes the Commission’s commitment to address, in bilateral discussions and international fora, including the WTO, and in EU Trade Policy, unjustified obstacles to international data flows;
2020/11/12
Committee: ITRE
Amendment 136 #

2020/2217(INI)

Motion for a resolution
Paragraph 7
7. Supports the creation of a data governance framework for common European data spaces, covering interoperability, sharing, access and portability of data, to enhance the flow and reuse of industrial and public data; stresses that data portability principle should take into account differences in IT providers' infrastructures and practices, enabling users to port their data, noting that infrastructure and practises might change from one provider to another;
2020/11/12
Committee: ITRE
Amendment 151 #

2020/2217(INI)

Motion for a resolution
Paragraph 8
8. Insists that the data governance model must be built on a decentralised data operating environment accessible to all market participants, both commercial and non-commercial, including start-ups and SMEs, enabling an ecosystem where data can be accessed and used in a trusted, safe and secure environment; insists that cybersecurity standards shall be coordinated with EU ENISA and the EU Cybersecurity Competence Centre;
2020/11/12
Committee: ITRE
Amendment 158 #

2020/2217(INI)

Motion for a resolution
Paragraph 9
9. Calls for the creation of a Commission-led body that would setHigh Level Expert Group that helps the set up of common Union- wide guidelines on data governance; calls for citizens, civil society, public bodies and businesses to be adequately represented in the governance of data spaces; stresses the importance of coordination of all regulators involved in the data economy;
2020/11/12
Committee: ITRE
Amendment 163 #

2020/2217(INI)

Motion for a resolution
Paragraph 10
10. Urges the Commission and Member States to build interoperable sectoral data spaces that follow common guidelines and data sharing protocols, in order to avoid creating silos and preventing cross-sectoral innovations;
2020/11/12
Committee: ITRE
Amendment 169 #

2020/2217(INI)

Motion for a resolution
Paragraph 11
11. Encourages the Commission to use data spaces to enhance trust, create common market-led standards and build well-formed application programming interfaces (APIs), and to consider using pre-agreed sandboxes to test innovationlong with robust authentification mechanism, and to use pre-agreed sandboxes to test innovations; calls the Commission to present a guidance for data usage procedures in order to increase the legal certainty for private and public actors of all sizes;
2020/11/12
Committee: ITRE
Amendment 178 #

2020/2217(INI)

Motion for a resolution
Paragraph 12
12. Notes the need to help private and public sector actors, especially SMEs and Start-ups, to identify the data they possess and catalogue and increase the findability of data to fuel data spaces, as well as to facilitate data cleansing routines; calls on the Commission to fund initiatives to improve the findability of metadata within data spaces;
2020/11/12
Committee: ITRE
Amendment 183 #

2020/2217(INI)

Motion for a resolution
Paragraph 13
13. Welcomes the Commission’s plans for intermediator labelling/certification for creation of interoperable data ecosystems and markets;
2020/11/12
Committee: ITRE
Amendment 186 #

2020/2217(INI)

Motion for a resolution
Paragraph 14
14. Recalls that personal and industrial data are not always separable; urges the Commission to define guidance on and practices in the utilisation of mixed data sets in industrial environments while guaranteeing privacy rules for personal dataadhere to the Guidance provided on the Regulation (EU) 2018/1807; calls on the Commission to consider creating a horizontal and cross- cutting personal data space alongside other data spaces to address the challenge of mixed data sets and empower citizens via, for example, trustworthy intermediators such as MyData operators, which store data with the consent of the owners; stresses the difference between data intermediaries and data brokers, whereas the latter has as a business model selling data for profit; calls on the Commission to encourage Member States to verify compliance of data brokers with the privacy, data protection and cybersecurity rules of the EU and support them with the necessary resources if needed;
2020/11/12
Committee: ITRE
Amendment 197 #

2020/2217(INI)

Motion for a resolution
Paragraph 15
15. Urges the Commission to present a data act to encourage and enable an increasing B2B, B2G, G2B and G2G flow of data in all sectors; stresses that often public-sector data is not in machine- readable formats; encourages the Commission to coordinate with the Member States the facilitation of sharing non-sensitive public sector-generated data sets for free, whenever possible, and in machine-readable formats, and give guidance on a common model for sharing of sensitive and non-sensitive data in accordance with the GDPR requirements;
2020/11/12
Committee: ITRE
Amendment 201 #

2020/2217(INI)

Motion for a resolution
Paragraph 15 a (new)
15 a. Underlines that competitive access to data is of outmost importance for the development of Artificial Intelligence; stresses that businesses and researchers should be given greater freedom to use data, with less regulatory interference, especially when the AI application for which the data is used does not entail high risks;
2020/11/12
Committee: ITRE
Amendment 203 #

2020/2217(INI)

Motion for a resolution
Paragraph 15 b (new)
15 b. Emphasises that a regulatory separation is needed between high- and low-risk AI based on how the data is used; this separation must not be made on a sectorial basis, potentially hampering technological development in an entire sector, but instead on the way of application, in order to ensure precision in the regulatory scope and that unnecessary administrative burdens are avoided;
2020/11/12
Committee: ITRE
Amendment 205 #

2020/2217(INI)

Motion for a resolution
Paragraph 16
16. Encourages the Commission and Member States to facilitate voluntary data sharing schemes, through inter alia incentivising companies via fair compensation, best practices, tax incentives, public recognition programmes; encourages the Commission to work on collaborative approaches for sharing data and standardized data agreements, to enhance predictability and trustworthiness; stresses the importance of setting clear rules for fair competition and no free-riding in the future Data Act, intellectual property rights protection, clear rules on ownership regarding rights and obligations; compulsory data sharing schemes shall be proactive, on a case by case basis and limited in time and scope, and based on clear rules to avoid unfair competition;
2020/11/12
Committee: ITRE
Amendment 212 #

2020/2217(INI)

Motion for a resolution
Paragraph 16 a (new)
16 a. Stresses that access to data does not preclude privacy; calls on the Commission to promote the use of privacy enhancing or privacy-preserving technologies, such as differential privacy, homomorphic encryption, federated machine learning, pseudonomysation and generalisation;
2020/11/12
Committee: ITRE
Amendment 224 #

2020/2217(INI)

Motion for a resolution
Paragraph 18
18. Calls on the Commission to examine actors’ rights and obligations to access data they have been involved in generating;
2020/11/12
Committee: ITRE
Amendment 245 #

2020/2217(INI)

Motion for a resolution
Paragraph 22
22. Reminds the Commission and the Member States to respecfully implement Open Data Directive objectives in word and spirit when negotiating the implementing act on high-value data sets; calls for these data sets to include inter alia a list of company and business registers, while preserving the flexibility for its update; calls on the Commission to provide a better link between those high-value data sets and the common data spaces within the forthcoming data legislation;
2020/11/12
Committee: ITRE
Amendment 253 #

2020/2217(INI)

Motion for a resolution
Paragraph 22 a (new)
22 a. Encourages the Commission to examine the potential of open standards in order to achieve interoperability within and across the data spaces;
2020/11/12
Committee: ITRE
Amendment 256 #

2020/2217(INI)

Motion for a resolution
Paragraph 22 b (new)
22 b. Calls on the Commission to examine opportunities for data curation at scale;
2020/11/12
Committee: ITRE
Amendment 263 #

2020/2217(INI)

Motion for a resolution
Paragraph 23
23. Calls on the Commission and the Member States, in order to strengthen the Union’s technological sovereignty, to promote research and innovation work on technologies that facilitate data sharing and analytics, and to invest in capacity building and high-impact projects to promote research, innovation and the deployment of digital technologies;
2020/11/12
Committee: ITRE
Amendment 273 #

2020/2217(INI)

Motion for a resolution
Paragraph 24
24. Recalls that the success of the Union’s data and AI strategies depends on the wider ICT ecosystem, closing the digital gap, developing the IoT, fibre, 5G, 6G, quantum, edge computing, block chain and high-performance computing; underscores the importance of the Digital Europe Programme and the Horizon Europe programme, including the earmarking for quantum computing;
2020/11/12
Committee: ITRE
Amendment 286 #

2020/2217(INI)

Motion for a resolution
Paragraph 25
25. Calls on the Commission and Member States to promote competitive markets to support the development of European cloud offerings, e.g. Gaia-x;
2020/11/12
Committee: ITRE
Amendment 299 #

2020/2217(INI)

Motion for a resolution
Paragraph 26
26. Calls on the Commission to develop a ‘cloud rule book’ that will inter alia oblige service providers to reveal where data is processed and stored and ensure users have sovereignty over their data;
2020/11/12
Committee: ITRE
Amendment 300 #

2020/2217(INI)

Motion for a resolution
Paragraph 26 a (new)
26 a. Calls on the Commission and Member States to further accelerate the technological developments of IoT and edge computing, while supporting the convergence of technologies such as AI, digital twins, DLTs and intelligent connectivity at the edge, e.g. via large- scale open edge IoT projects;
2020/11/12
Committee: ITRE
Amendment 303 #

2020/2217(INI)

Motion for a resolution
Paragraph 27
27. Emphasises the importance of trust and cybersecurity for a stable data economy, as well as the importance of state-of-the-art underlying digital infrastructure; urges the Commission to present solutions that are suited to market players of all sizes; calls on the Commission to provide opportunities for conducting abusability and vulnerability audits of the infrastructure for data sharing;
2020/11/12
Committee: ITRE
Amendment 332 #

2020/2217(INI)

Motion for a resolution
Paragraph 30
30. Calls for public and private funding for SMEs to fully capitalise on data economy’s potential;micro-, small and medium-sized enterprises to fully capitalise on the potential of the data economy
2020/11/12
Committee: ITRE
Amendment 339 #

2020/2217(INI)

Motion for a resolution
Paragraph 31
31. Calls on social partners to explore the potential of digitalisation, data and AI to increase productivity, improve well- being of the workforce and invest in upskilling; and proactively involve in awareness raising campaigns;
2020/11/12
Committee: ITRE
Amendment 360 #

2020/2217(INI)

Motion for a resolution
Paragraph 33
33. Stresses the importance of cross- border data flows for growth and innovation; Calls for the free flow of data between the Union and third countries to be permitted when privacy, security and other legitimate public policy interests are met; calls on the Commission to negotiate new rules for the global digital economy, including the prohibition of unjustified data localisation requirements; calls on the Commission to explore the possibilities to facilitate data flows with strategically important third countries;
2020/11/12
Committee: ITRE
Amendment 3 #

2020/2216(INI)

Draft opinion
Paragraph 1
1. Highlights that European leadership can be a reality; establishes the ambition to make the EU a world leader in digital innovation and Artificial Intelligence (AI) development; notes that a second wave of digitalisation lies ahead; underlines that a common EU approach can make Europe the most innovative region in the world by 2030; highlights that digital transformation encompasses all policy areas and is boundless by nature; emphasizes that AI deployment by European industries is key to economic growth and innovations, enhances security and resilience, and strengthens the geopolitical and strategic relevance of the EU;
2020/12/21
Committee: ITRE
Amendment 112 #

2020/2216(INI)

Draft opinion
Paragraph 10
10. Considers that access to bihigh quality training data is key for the development of AI; calls for a new approach to data regulationstresses that businesses and researchers should be given greater freedom to use data, with less regulatory interference; calls for a new approach to data regulation; that gives higher priority to innovation and competitiveness by giving businesses greater freedom to the use of data when it is not considered to be high risk, along with clear and balanced rules on IPR and protection of business secrets;
2020/12/21
Committee: ITRE
Amendment 2 #

2020/2194(DEC)

Draft opinion
Paragraph 1 a (new)
1 a. Expresses its overall satisfaction with the work of the eight decentralised agencies (CEPOL, EASO, EMCDDA, eu- LISA, Eurojust, Europol, FRA, Frontex) falling within its remit and of the European Data Protection Supervisor (EDPS), which carry out operational, analytical or managerial tasks and thereby support the Union institutions as well as Member States in implementing policies in the area of Justice and Home Affairs (JHA) and the way their budgets are implemented; reiterates the need to ensure adequate financial support for JHA agencies to deliver the tasks assigned to them in full transparency and to fulfil their mandates in full compliance with fundamental rights;
2021/01/19
Committee: LIBE
Amendment 8 #

2020/2194(DEC)

Draft opinion
Paragraph 2 a (new)
2 a. Notes the inherent difficulty that the agencies face when required to submit their Single Programming Document while the relevant legal instruments are still under negotiation by the co- legislators, thereby leading to a situation where budget lines are made available before their corresponding legal instruments are adopted; calls on the Commission to improve its communication with the agencies to better streamline the expected timelines for the adoption of legislation and corresponding budget lines; notes the Court’s Recommendation that agencies should be allocated resources in a more flexible manner while stressing the importance of due reporting, transparency and auditing;
2021/01/19
Committee: LIBE
Amendment 9 #

2020/2194(DEC)

Draft opinion
Paragraph 2 b (new)
2 b. Welcomes the high level of cooperation in the area of migration that concerns the JHA agencies, particularly at the hotspots; notes with approval the regular meetings conducted amongst CEPOL, EASO, Frontex, EMCDDA, eu- LISA, Eurojust, Europol, FRA, DG HOME and DG JUST of the Commission in the framework of the JHA Agencies’ Network, also aided by the EU Policy Cycle/ EMPACT framework; highlights the Court’s observation that JHA Agencies, particularly Europol, Eurojust and Frontex, are fully integrated in the external dimension of the Area of Freedom, Security and Justice and are amongst the internationally most active agencies;
2021/01/19
Committee: LIBE
Amendment 10 #

2020/2194(DEC)

Draft opinion
Paragraph 3
3. Notes that the Court did not address ‘emphasis on the matter’ with regard to JHA agencies, with the exception of FRONTEX, for which the Court drew attention to the level of error related to equipment expenditure in the context of grant agreements with cooperating countries; notes the Court’s observation that the Agency has taken steps to improve ex-ante verifications, and has re- introduced ex-post verifications on reimbursements in 2019, in line with recommendations made in previous years; expresses its concern about the serious and repeated allegations of FRONTEX's involvement in the pushbacks and of migrants and allegations of violations of fundamental rights;
2021/01/19
Committee: LIBE
Amendment 15 #

2020/2194(DEC)

Draft opinion
Paragraph 4
4. Notes that public procurement continues to be the main area prone to error in relation to all Union decentralised agencies; calls therefore on the affected JHA agencies, i.e. Europol, and CEPOL to improve their public procurement procedures with a view to compliance with applicable rules and as a result, the achievement of the most economically advantageous purchases, while respecting the principles of transparency, proportionality, equal treatment and non- discrimination and eu-LISA to improve the recruitment procedure.
2021/01/19
Committee: LIBE
Amendment 17 #

2020/2194(DEC)

Draft opinion
Paragraph 4 a (new)
4 a. Takes note that the Court did not audit the 2019 accounts of the European Public Prosecutor's Office ('EPPO'), since the EU body was not yet financially autonomous; expects the Court to present an audit of the accounts of the EPPO for the accounting year 2020.
2021/01/19
Committee: LIBE
Amendment 2 #

2020/2181(DEC)

Draft opinion
Paragraph 1
1. Stresses that the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (the 'Agency') offers an important contribution to a safer Europe by applying the highest levels of information security and data protection to the information entrusted to it, providing high-quality services and helping to align Member States’ technological capabilities with their needs; reminds that the Agency’s new mandate that entered into force in December 2018 enhanced its capacity to both improve existing and develop new information systems was enhanced by its new mandate which entered into force in December 2018and tasked the Agency to ensure their interoperability;
2021/01/20
Committee: LIBE
Amendment 4 #

2020/2181(DEC)

Draft opinion
Paragraph 3
3. Reiterates the Agency's very low budget implementation in 2019, with close to 55.2 % (EUR 159 million) of commitment appropriations carried forward and 47.832 % (EUR 6643 million) of payment appropriations unusedreturned to the general budget; acknowledges that this was due to the late adoption or entry into force of certain legislative acts; calls on the Agency and the Commission to improve the budgetary planning in the future and to improve alignment of budgetary planning with the timing of the related legal acts;, which created a significant difference between the actual timeline for their implementation compared with the timeline set by the Commission in the respective Legislative Financial Statements; recommends, therefore, the Commission to involve and consult the Agency at the earliest stage of preparation of relevant legislative proposals in order to improve the assumptions underpinning the financial planning and thereby improve alignment of budgetary planning with the timing of the related legal acts, also to avoid making it necessary for the Agency to turn to private contractors and outsource tasks that may in turn lead to the Agency becoming dependent on external entities for operations that are of a sensitive and critical nature; (The Payment Appropriations were nearly entirely returned to the General Budget via the global transfer exercise. At the start of 2019, eu-LISA had €204 in Payment Appropriations inscribed, out of which it returned €43 million to the General Budget (32%). Finally, the Legislative Financial Statements accompanying each legislative proposal are decided by the Commission. A recommendation for it to involve eu-LISA at the earliest planning stages to improve budgetary planning alignment is justified.)
2021/01/20
Committee: LIBE
Amendment 12 #

2020/2181(DEC)

Draft opinion
Paragraph 5
5. Welcomes the progress made regarding the Court’s recommendations from previous yearsobservations and Parliament's ensuing recommendations from previous years, specifically the Agency's publication of vacancy notices on the website of the European Personnel Selection Office (EPSO) in addition to on its website and on social media.
2021/01/20
Committee: LIBE
Amendment 2 #

2020/2172(DEC)

Draft opinion
Paragraph 1
1. Underlines the important role of the European Union Agency for Law Enforcement Cooperation (‘Europol’) in supporting Member States’ criminal investigations and providing operational analysis; emphasises also the extension of its tasks and its growing role in the prevention and combating of serious crime, includingand organised crime, and terrorism;
2021/01/19
Committee: LIBE
Amendment 8 #

2020/2172(DEC)

Draft opinion
Paragraph 1 a (new)
1 a. Welcomes that the Court of Auditors ('the Court') has declared the transactions underlying the annual accounts of Europol for the financial year 2019to be legal and regular in all material respects and that its financial position on 31 December 2019 is fairly represented; welcomes that the Court has found the payments underlying the accounts for the year ended 31 December 2019 to be legal and regular in all material aspects;
2021/01/19
Committee: LIBE
Amendment 14 #

2020/2172(DEC)

Draft opinion
Paragraph 3
3. Notes that the number of operations that Europol supported grew from 1 748 in 2018 to 1 921 in 2019 (representing an increase of 9,89 %) and that operational meetings funded by Europol increased from 427 in 2018 to over 500 in 2019 (representing an increase of 17%), which underline the substantial increase in the importance of the Agency's work;
2021/01/19
Committee: LIBE
Amendment 17 #

2020/2172(DEC)

4. Regrets to note again the Court’s finding that there were weaknesses in contract management and ex ante controls linked that the Europol irregularly prolonged the duration of a framework contract for the provision of business travel services by signing an amendment after the contract had expired; notes that this resulted in irregular payment of EUR 32 531 in 2019.; takes note of the explanations from Europol in response to the Court’s finding, highlighting that the extension was a conscious decision to preserve business continuity and that Europol will have an internal audit on contract management in 2021 to obtain assurance on its contract management arrangements and calls on the Agency to improve the regularity of transactions;
2021/01/19
Committee: LIBE
Amendment 22 #

2020/2172(DEC)

Draft opinion
Paragraph 4 a (new)
4 a. Notes the late payments issued by the Agency in 20 % of the cases in 2019; acknowledges that the level of late payments was even higher in previous years but calls on the Agency to regularise payments to bring these in line with the Financial Regulation to avoid reputational risk;
2021/01/19
Committee: LIBE
Amendment 30 #

2020/2172(DEC)

Draft opinion
Paragraph 4 c (new)
4 c. Notes the Court’s observations that underlying prices and calculation of certain discounts were not properly checked prior to submitting the order form to the contractor of the purchasing of furniture; calls on the Agency to integrate such checks in its ex-ante controls, before signing and sending the order forms;
2021/01/19
Committee: LIBE
Amendment 31 #

2020/2172(DEC)

Draft opinion
Paragraph 4 d (new)
4 d. Welcomes the Agency’s action following the Court’s observation from 2017 so that it now publishes vacancy notices on the website of the European Personnel Selection Office in addition to on its own website and on social media;
2021/01/19
Committee: LIBE
Amendment 5 #

2020/2158(DEC)

Draft opinion
Paragraph 3
3. Deplores the fact that Eurojust was faced with a decrease in its budget from EUR 47 to 44 million (-6.38%) and merely a slight increase in staff from 238 to 239 (+0.4%) despite a 17% increase in workload compared to 2018; reminds that the workload is expected to increase further due to the new, strengthened, mandate which entered into force in 20191 ; further recalls that the number of coordination centres held in 2019 increased from 17 to 20 (+19%), demonstrating the popularity and utility of this operational tool; stresses the essential role that Eurojust plays in the Union security chain and maintains that its budget should match its tasks and priorities in order to enable it to fulfil its mandate; _________________ 1Regulation (EU) 2018/1727 of the European Parliament and of the Council of 14 November 2018 on the European Union Agency for Criminal Justice Cooperation (Eurojust), and replacing and repealing Council Decision 2002/187/JHA https://eur-lex.europa.eu/legal- content/EN/TXT/?uri=CELEX%3A32018 R1727
2021/01/15
Committee: LIBE
Amendment 8 #

2020/2158(DEC)

4. Notes that an outstanding observation from 2018, namely, the use of a negotiated procurement procedure is still to be justified; welcomes the Agency's action following the Court's observation from 2017 so that it now publishes vacancy notices on the website of the European Personnel Selection Office in addition to its own website and on social media;
2021/01/15
Committee: LIBE
Amendment 4 #

2020/2153(DEC)

Draft opinion
Paragraph 3
3. Reiterates its concern that the Court has identified a horizontal trend acrossrecurrent shortcoming applying to several agencies in the use of external staff hired in IT consultancy roleand interim workers; calls for the dependency on external recruitment in this important area to be addressed; notes the pending case before the CJEU as regards the use of interim workers by EMCDDA, and for applicable labour law to be respected; welcomes that the Centre's reply that it has reassessed its policy for use of temporary workers with a view to further rationalise the latter is in line with its operating needs and the relevant legal framework; notes the pending case before the CJEU1a, which addressinges several questions concerning the application of Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency workers to EU agencies; _________________ 1a C-948/19 Manpower Lit.
2021/01/19
Committee: LIBE
Amendment 3 #

2020/2152(DEC)

Draft opinion
Paragraph 1
1. Reiterates the role of the Fundamental Rights Agency (‘FRA’ or ‘the Agency’) in helping to ensure that the fundamental rights of people living in the Union are promoted and protected; recalls the importance of the Agency in promoting the reflection on the appropriate balance between security and fundamental rightsfundamental rights' impact on security policy; highlights, in particular, the value of the Agency’s studies and opinions for the development and implementation of Union legislation;
2021/01/19
Committee: LIBE
Amendment 6 #

2020/2152(DEC)

Draft opinion
Paragraph 2
2. Welcomes the fact that the Court of Auditors (‘the Court’) has declared the transactions underlying the annual accounts of the Agency for the financial year 2019 to be legal and regular in all material respects and that its financial position on 31 December 2019 is fairly presented; deplores the fact that the budget of the Agency ofdecreased from EUR 30 million decreased in 20198 to EUR 29 million in 2019and notes the slight staff increase from 110 to 114 in 2019during the same time;
2021/01/19
Committee: LIBE
Amendment 8 #

2020/2152(DEC)

Draft opinion
Paragraph 3
3. Regrets that the levels of commitment carry-overs for operational expenditure once again remained high at 60 %, which is a lower percentage than in 2018, but still indicates a structural problem; calls on the Agency to further improve its financial planning and its implementation cycles; welcomes that the Agency has in the meantime implemented a new project management tool to better sustain the high amount of data and that this is expected to enable the Agency to better estimate its carry-overs to meet its stated Key Performance Indicators; recommends a re-evaluation of the situation until the percentage of carry- overs is reduced to an acceptable level;
2021/01/19
Committee: LIBE
Amendment 12 #

2020/2152(DEC)

Draft opinion
Paragraph 3 a (new)
3 a. Welcomes that the Agency has attained 100% of the budgetary execution for committed appropriations and that it has surpassed its outturn target with a result of 99.43%;
2021/01/19
Committee: LIBE
Amendment 14 #

2020/2152(DEC)

Draft opinion
Paragraph 4
4. Welcomes the progress madeintroduction of e- tendering by the Agency in relation toline with the recommendations of the Court on the introduction of e-tendering; calls on the FRA to step up its efforts regarding the outstanding recommendation on e- submission while acknowledging that this is not solely under the control of the Agency.
2021/01/19
Committee: LIBE
Amendment 16 #

2020/2152(DEC)

Draft opinion
Paragraph 4 a (new)
4 a. Welcomes the launch of the European Union Fundamental Rights Information System (EFRIS) for the more systematic use of assessments of the Union’s and Member States’ international human rights obligations, also following the encouragement of the Parliament to develop such a tool;
2021/01/19
Committee: LIBE
Amendment 22 #

2020/2152(DEC)

Draft opinion
Paragraph 4 b (new)
4 b. Notes the implementation of the Agency’s Anti-Fraud Strategy throughout 2019 with a special focus on the provisions of FRA guidelines on whistleblowing; encourages the Agency to continue its work in this regard.
2021/01/19
Committee: LIBE
Amendment 21 #

2020/2134(INI)

Draft opinion
Paragraph 2
2. Is deeply concerned about theof increased criminalisactions and persecution ofgainst environmental activists in developing countries by governments and multinational companies that are investing in the exploitation of natural, non-renewable resources, thus contributing to deforestation, loss of biodiversity and human rights violations, mostly affecting indigenous peoples;
2020/10/16
Committee: DEVE
Amendment 39 #

2020/2134(INI)

Draft opinion
Paragraph 3
3. Believes that in the next few years climate change will create more environmental migrants from developing countries, and that in order to better protect their human rights, environmental refugee status needs international recognitionaggravate existing vulnerabilities and will increase the displacement of people, and that in order to better protect their human rights, more targeted and more effective implementation of the relevant EU instruments is crucial; as well as the increase of the actions under the NDICI which contribute to climate change and mitigation as stressed in the European Parliament first reading position on the NDICI, adopted in its legislative resolution of 27 March 2019 on the proposal for a regulation of the European Parliament and the Council establishing the NDICI (P8_TA(2019)0298);
2020/10/16
Committee: DEVE
Amendment 54 #

2020/2134(INI)

Draft opinion
Paragraph 4
4. Deems that the introduction of binding EU legislation on business due diligence can help improve the defence of human rights and compliance with environmental standards in the fight against climate change in developing countries; calls on the Commission to continue working towards the approval of the UN binding treaty for transnational corporations on human rights;
2020/10/16
Committee: DEVE
Amendment 64 #

2020/2134(INI)

Draft opinion
Paragraph 6
6. Invites the Commission to do more to protect human rights defenders, environmental activists and notably local organisations engaged in the fight against climate change in developing countries.addressing the vulnerabilities aggravated by the climate change in developing countries , if they face unfounded legal actions or discrimination due to their activities in the field of environment protection;
2020/10/16
Committee: DEVE
Amendment 10 #

2020/2129(INL)

Draft opinion
Paragraph -1 (new)
-1. Stresses that it is the responsibility of states and governments to safeguard human rights in their countries and that this responsibility shall not be transferred to private actors; recalls that due diligence is primarily a preventive mechanism and that companies should be first and foremost required to identify risks or adverse impacts and adopt policies and measures to mitigate them;
2020/10/09
Committee: DEVE
Amendment 14 #

2020/2129(INL)

Draft opinion
Paragraph 1
1. Acknowledges that there is sufficient strong evidence that shows that the voluntary efforts of Union companies to prevent and mitigate the negative impacts of their behaviour on developing countries have failed asin the Union are not yet sufficient to prevent and mitigate violations of human rights of individuals, in particular worker’s rights, and of local communities are still taking place at the end of the supply chain;
2020/10/09
Committee: DEVE
Amendment 21 #

2020/2129(INL)

Draft opinion
Paragraph 1 b (new)
1b. Points out that well calibrated, and ideally “Union certified”, third party certification schemes, because of their in- build broad stakeholder participation, have big potential to pave the way to supply chains which are sustainable in respect of human rights and environmental standards; stresses that developing countries should be supported to implement and spread best practice;
2020/10/09
Committee: DEVE
Amendment 22 #

2020/2129(INL)

Draft opinion
Paragraph 2
2. Believes that there is stronga need for a mandatory, harmonised framework at Union level to ensure a level playing field for business and welcomes the Commission’s ongoing work on legislation requiring that Union companies conduct due diligence on respect for human rights and environmental obligations throughout their supply chains; based on an impact assessment and a careful evaluation which has concluded that it is functional and applicable to all actors on the market with more than 500 employees and welcomes the Commission’s ongoing work on legislation requiring that Union companies conduct due diligence on respect for human rights and environmental obligations; draws attention to the risk that companies might withdraw from third countries - which will result in job losses and in loss of cooperation partners for smallholders in developing countries - if new requirements prove to impose excessive administrative burdens and uncontrollable risks; considers nevertheless that a multilateral framework is preferable and asks the Commission to participate in negotiations on a UN treaty;
2020/10/09
Committee: DEVE
Amendment 41 #

2020/2129(INL)

Draft opinion
Paragraph 3
3. Calls on the Commission to apply a human rights-based approach to the future legislation which shall be designed, implemented, monitored and evaluated respecting the core human rights principles of transparency and access to information, inclusion and non- discrimination with a special focus on the most vulnerable;
2020/10/09
Committee: DEVE
Amendment 50 #

2020/2129(INL)

Draft opinion
Paragraph 4
4. Stresses that all human rights should be covered by the future legislation; considers that emphasis should be placed on workers and trade union rights, women, children or indigenous people; stresses that full alignment withany new legislation should be based on existing legal obligations and standards at European and international level should be sought; is of the opinion that the legislation should address all types of human rights abuses;
2020/10/09
Committee: DEVE
Amendment 55 #

2020/2129(INL)

Draft opinion
Paragraph 5
5. Highlights that the obligation to respect and protect human rights, and the environment and to avoid the risk of corrupshould focus on the first tier of the supply chain outside of the Union and on direct contractual business relation should be embedded throughout whole global value chains, products, services and business relationshipsips; calls for better legal frameworks and better implementation and monitoring of human rights and environmental standards and protection of human rights and environmental protection defenders in developing countries and affirms the Union’s readiness to support developing countries in institution-building and training of legal and administrative experts through development aid as well as through political dialogue;
2020/10/09
Committee: DEVE
Amendment 64 #

2020/2129(INL)

Draft opinion
Paragraph 6
6. Is of the opinion that theany new legislation should firstly apply to all sectors, to all types of enterprises, whether public or private, and of all size across the Union; considers that the focus should be placed on the risks; with larger risks for abuses, learning from the experience of implementation of the Regulation (EU) 2017/821 of the European Parliament and of the Council1a; notes in this regard that that regulation has yet to come into full force; considers that obligations under any new legislation must reflect the size of companies and the nature of their type of operations; stresses that the focus should be placed on the risks; __________________ 1aRegulation (EU) 2017/821 of the European Parliament and of the Council of 17 May 2017 laying down supply chain due diligence obligations for Union importers of tin, tantalum and tungsten, their ores, and gold originating from conflict-affected and high-risk areas (OJ L 130, 19.5.2017, p. 1).
2020/10/09
Committee: DEVE
Amendment 81 #

2020/2129(INL)

Draft opinion
Paragraph 7
7. Is of the opinion that theany future legislation should establish mandatory andlay down standards for effective corporate due diligence processes covering companies’ activities and their business relationships, including their supply and subcontracting chains; considers that OECD Guidelines for Multinational Enterprises should serve as the basis for such standards;
2020/10/09
Committee: DEVE
Amendment 93 #

2020/2129(INL)

Draft opinion
Paragraph 8
8. Underlines the need to design a sound monitoring system and to provide competent authorities (at Union and at national level) with effective instruments to monitor thand enforce compliance with thesuch legislation, in particular at local level; stresses the importance of harmonised monitoring and enforcement across the Union to establish a level-playing field between Member States;
2020/10/09
Committee: DEVE
Amendment 95 #

2020/2129(INL)

Draft opinion
Paragraph 8 a (new)
8a. Considers that Member states should provide for sanctions applicable to infringements of the national provisions adopted in accordance with future due diligence legislation and should take all the measures necessary to ensure that those sanctions are enforced; stresses that the sanctions provided for should take into account the severity and repeated nature of the infringements committed and be effective, proportionate and dissuasive.
2020/10/09
Committee: DEVE
Amendment 105 #

2020/2129(INL)

Draft opinion
Paragraph 9
9. Expresses the opinion that the future legislation should establish a comprehensive system of liability that could includes administrative, civil and criminal liability, ands appropriate, while respecting differences in legal system of Member States, including through a sanctioning mechanism to enforce compliance with the new legislation and ensure enforcement, including through penalties and sanctions of all nature;
2020/10/09
Committee: DEVE
Amendment 109 #

2020/2129(INL)

Draft opinion
Paragraph 10
10. Stresses that access toprovisions on effective remedy is crucialshould be included; considers that the legislation should obligeset appropriate standards for companies to have an effective grievance mechanism that should be transparent, accessible, predictable, safe, trustworthy and accountable; considers, in addition, that such mechanism should provide for effective judicial remedies to victims of human rights violations, environmental damage and corruption abuses, individually and through collective actions; believes that special protection should be provided to human rights defenders and its lawyers;
2020/10/09
Committee: DEVE
Amendment 122 #

2020/2129(INL)

Draft opinion
Paragraph 11
11. Is convinced that it is crucial to makehat the sustainable development chapters of free trade agreements moreshould remain enforceable and that the new legislatCommission should explore ways of integrating the due diligence requirements into those chapterprovisions in free trade agreements.
2020/10/09
Committee: DEVE
Amendment 70 #

2020/2077(INI)

Draft opinion
Paragraph 2 a (new)
2a. Stresses the crucial role of wood- based materials in substituting fossil- based alternatives and alternatives with a higher environmental footprint in industries such as fuels transport, construction, textiles, chemicals and packaging, and the need to fully take into account the climate and environmental benefits of this material substitution;
2020/10/27
Committee: ITRE
Amendment 79 #

2020/2077(INI)

Draft opinion
Paragraph 2 d (new)
2d. Acknowledges the crucial climate benefits the forest-based sector in the circular economy through carbon storage in wood products and material substitution; stresses the need to promote the use of wood as a sustainable construction material as it enables a transition towards sustainable economy; encourages the Commission to explore different market-based mechanisms in order to incentivise substitution of fossil fuels by renewable raw materials which offer climate benefits;
2020/10/27
Committee: ITRE
Amendment 88 #

2020/2077(INI)

Draft opinion
Paragraph 3 a (new)
3a. Highlights the underused advantages offered by the replacement of single-use products, notably plastic products, by sustainable wood-based products; stresses that the circular use of wood-based products should also be increased in order to improve the use of our sustainable resources, promote resource efficiency, reduce waste and extend the carbon life cycle for the deployment of a sustainable and local circular bioeconomy;
2020/10/27
Committee: ITRE
Amendment 95 #

2020/2077(INI)

Draft opinion
Paragraph 3 c (new)
3c. Reiterates that the forest-based sector significantly contributes to the development of circular bio-based economies in the EU; emphasises that the forest-based sector and the bio-economy are crucial to achieving the goals of the European Green Deal and climate neutrality by 2050; stresses that in 2015 the bio-economy represented a market estimated to be worth over EUR 2,3 trillion, providing 20 million jobs and accounting for 8.2 % of total employment in the EU; notes that every euro invested in bio-economy research and innovation under Horizon 2020 will generate about EUR 10 in added value;
2020/10/27
Committee: ITRE
Amendment 141 #

2020/2077(INI)

Draft opinion
Paragraph 7 a (new)
7a. Supports the EU initiative on Sustainable Products as a major action for improving products recyclability, durability and efficiency and endorses the inclusion of a larger set of product groups into the Eco-Design Directive, with a focus to non-energy related products; urges also to apply the same EU products requirements to the materials and goods imported from third countries;
2020/10/27
Committee: ITRE
Amendment 148 #

2020/2077(INI)

Draft opinion
Paragraph 7 b (new)
7b. Underlines the importance of acting for boosting the EU internal market via the establishment of mandatory criteria for the green public procurement, for incentivising the procurement of recyclable materials and the use of secondary raw materials; Asks the Commission to assess measures, such as economic incentives and tax relieving, for rewarding low-carbon products and materials that will be produced, such as green steel;
2020/10/27
Committee: ITRE
Amendment 158 #

2020/2077(INI)

Draft opinion
Paragraph 7 c (new)
7c. Calls on the Commission to assess the environmental attributes of products or services using a robust life cycle assessment based methodology, with a cradle-to-cradle approach; calls on the Commission to take into account different metrics, such as end-of-life recycling or recycled content, for assessing recycling rates of materials and products, taking into account the nature of the material and its recycling value chain;
2020/10/27
Committee: ITRE
Amendment 164 #

2020/2077(INI)

7d. Strongly endorses the ambition of the EU Commission in creating a well- functioning EU market for secondary raw materials; by identifying and implementing measures depending on the specific needs for each material; stresses the need of supporting the use and recycling of those materials, irrespectively of their legal status, i.e. waste, end-of- waste or by-products, being their final environmental and technical properties the only parameters that count;
2020/10/27
Committee: ITRE
Amendment 168 #

2020/2077(INI)

Draft opinion
Paragraph 7 e (new)
7e. Supports the plan of defining a circularity test, which should take into account all the circular performances of products such as durability, re-usability, recyclability and recycled content; as the targets for recycled content, the circularity test should be product-specific; encourages the Commission to introduce product-specific targets and measures for recycled content, where appropriate, and recyclability (circularity), while ensuring the performance and safety of the products concerned;
2020/10/27
Committee: ITRE
Amendment 171 #

2020/2077(INI)

Draft opinion
Paragraph 7 f (new)
7f. Strongly endorses the European Commission’s ambition to strengthening international cooperation on circular economy because circular economy to a great extent requires an international perspective, as material and product flows are often global and European companies are active on a global market;
2020/10/27
Committee: ITRE
Amendment 543 #

2020/2076(INI)

Motion for a resolution
Paragraph 18
18. Considers it imperative to digitalise the Union’s industries, including traditional ones; calls on the Commission to invest, inter alia, in the data economy, artificial intelligence, smart production, mobility, and resilient and secure very high-speed networks; invites the Commission, in this respect, torefore the Member States and the Commission, in this respect, to ensure a timely implementation of the relevant key measures recommended in the 5G cybersecurity toolbox and in particular to apply, where appropriate, the relevant restrictions on high risk suppliers for key assets defined as critical and sensitive in the EU coordinated risk assessments, assess the effectiveness of co- financed National Tax Credit schemes that could complement or replace traditional ‘on demand’ grants/tender-based support, especially for SMEs; highlights the importance of the European Regional Development Fund (ERDF) and the Cohesion Fund (CF) in supporting job creation, business competitiveness, economic growth and sustainable development;
2020/06/30
Committee: ITRE
Amendment 578 #

2020/2076(INI)

Motion for a resolution
Paragraph 19
19. Calls on the Commission to implement a single European digital and data market, to promote the exchange of data among companies and among public institutions, to develop and process data on European soil, in particular data from public bodies, to build a better digital taxation system in which profits are taxed where companies have significant interaction with users, and to further develop European standards on cybersecurity, in particular for critical infrastructure; therefore the protection of critical European data in such critical infrastructures should be guaranteed through an assessment of service and technology providers to meet security as well as trustworthiness criteria modelled on the EU 5G toolbox;
2020/06/30
Committee: ITRE
Amendment 616 #

2020/2076(INI)

Motion for a resolution
Paragraph 20 a (new)
20a. Acknowledges the importance of intellectual property protection to incentivise R&D investments necessary to ensure continued participation of EU industry in the development of key technologies like 5G and 6G, necessary to achieve the EU 2025 connectivity objectives;
2020/06/30
Committee: ITRE
Amendment 6 #

2020/2043(INI)

Draft opinion
Paragraph 1
1. Welcomes the Paris Agreement, the Green Deal and the goal of achieving climate neutrality by 2050; notes the lack of international climate effortssignificant divergence of climate efforts between different countries; underlines that EU climate policy must go hand in hand with increased economic growth and competitiveness for the European industry based on the principles of free and fair competition; believes that an EU carbon border adjustment mechanism (‘the mechanism’) cshould serve to incentivise international efforts to combat climate change, therefore asks the Commission to consider all available options while drawing up proposal for any such mechanism;
2020/10/05
Committee: ITRE
Amendment 24 #

2020/2043(INI)

Draft opinion
Paragraph 2
2. Underlines that international carbon pricing and fully competitive low-emission solutions would render the mechanism obsolete; stresses, therefore, that the EU needs to step up efforts in this respect; recalls that many technical solutions for mitigating CO2 are still at the pilot stage and far from being economically feasible; underlines that the Union’s increased climate ambition at the core of the Green Deal will increase the risk of carbon leakage in many industrial sectors;
2020/10/05
Committee: ITRE
Amendment 43 #

2020/2043(INI)

Draft opinion
Paragraph 3
3. Emphasises that decentralisedasymmetrical climate actions can lead to carbon leakage and a competitive disadvantage on international markets for the EU industry; urges the Commission, therefore, to ensure full carbon-leakage protection and to consider the inclusion ofinclude export rebates in the mechanism;
2020/10/05
Committee: ITRE
Amendment 45 #

2020/2043(INI)

Draft opinion
Paragraph 3 a (new)
3a. Recalls that the EU’s climate policy and industrial policy must go hand in hand, to avoid carbon and investment leakage and protect jobs; stresses that any mechanism must be embedded into our industry strategy, creating an incentive for industries to produce clean and competitive products, and avoid carbon leakage, without endangering trade opportunities.
2020/10/05
Committee: ITRE
Amendment 54 #

2020/2043(INI)

Draft opinion
Paragraph 4
4. Suggests a progressive mechanism that first includes sectors with the highest risk of carbon leakage before being enlarged over time; stresses that this should not lead to internal market distortionHighlights the role such a mechanism could play, if balanced and appropriately implemented, in energy intensive industries, such as steel, cement and aluminium, given the experienced trade exposure of those sectors and their participation in the ETS; Suggests a progressive mechanism that first includes sectors with the highest risk of carbon leakage before being enlarged over time if deemed appropriate; considers it necessary that the scope of the mechanism covers as a large part of the carbon footprint of a product as possible, i.e. through the inclusion of emissions from energy in production; stresses that this should be done considering their respective value chains and not lead to internal market distortions notably on downstream markets; recalls that determining the carbon footprint of a product includes several insecurities and that the mechanism should not contribute to an undue regulatory burden for importing companies especially SMEs;
2020/10/05
Committee: ITRE
Amendment 67 #

2020/2043(INI)

Draft opinion
Paragraph 5
5. Stresses the need to limit international retaliation measures against the EU caused by the mechanism; urges the Commission to make the mechanism World Trade Organization-compatible ongly emphasises that the success of European SMEs and Hidden Champions depends on access to global markets. Therefore, calls on the Commission to base any legislative proposal on a thorough impact assessment, which takes into consideration the impact of possible counter measures taken by affected third countries against European industries Stresses the need to limit and possibly avoid international retaliation measures against the EU caused by the mechanism; urges the Commission to make the mechanism compatible with the WTO acquis and provisions in the Union’s free trade agreements and to take a multilateral approach to its design; underlines the need to deduct costs incurred from carbon taxes, emissions rights under cap-and- to take a multilateral approach to its desrade schemes or equivalent climate mitigation measures, including those of a regulatory rather than a fiscal nature, in the country of production from payments at import under the mechanism and to avoid any discrimination based on origin;
2020/10/05
Committee: ITRE
Amendment 70 #

2020/2043(INI)

Draft opinion
Paragraph 5 a (new)
5a. Expresses its deep concern over the erosion of the multilateral trading system and the effects from increased trade barriers and trade conflicts for the competitiveness of the EU industry; stresses that the introduction of a mechanism must not contribute to an increased insecurity in this regard; recognises that in order for the European industry to be competitive, it needs access to global supply chains for sourcing and further processing and to global markets; calls on the Commission to actively engage with trade partners’ governments to ensure a continued dialogue with trade partners’ governments on this initiative; Underlines that trade policy can and should be used to promote a positive environmental agenda and to avoid major differences in environmental ambition between the EU and the rest of the world, but this should be done in proportional and balanced ways, be evidence based and not be used as a cover for protectionism;
2020/10/05
Committee: ITRE
Amendment 76 #

2020/2043(INI)

Draft opinion
Paragraph 5 b (new)
5b. Emphasises that while the purpose of the mechanism must be to contribute to lower carbon emissions globally and limit carbon leakage, the design should contribute to a level playing field for the European industry both on European and in international markets in line with the Industry Strategy; highlights the need for specific attention to maintaining the availability of inputs in the supply chains and competitiveness of downstream manufacturing industries;
2020/10/05
Committee: ITRE
Amendment 79 #

2020/2043(INI)

Draft opinion
Paragraph 5 c (new)
5c. Emphasises that the EU Emissions Trading System (ETS) is and should remain the key market based instrument to cost-effectively reduce CO2 emissions this includes the system of free allowances; asks the Commission to consider any design options that allow the existing carbon leakage measures to co- exist with the mechanism while not leading to double protection; therefore takes the view that the mechanism should co-exist together with the free allocation of allowances for certain sectors; the phasing out of existing carbon leakage measures could cause a loss of competitiveness of companies in the single market and globally; stresses the need for equally effective measures if existing measures are to be phased out.
2020/10/05
Committee: ITRE
Amendment 90 #

2020/2043(INI)

Draft opinion
Paragraph 6
6. Underlines that the resources incurred by the mechanism are to be considered EU own resources; is convinced that these resources must be used for climate measuresmust not create distortions based on the Member State of import but help level the global playing field between competing industries and for low carbon investment and industrial manufacturing transformation;
2020/10/05
Committee: ITRE
Amendment 97 #

2020/2043(INI)

Draft opinion
Paragraph 6 a (new)
6a. Underlines that the CO2 content of imported products would need to be reliably and precisely determined, inter alia through independent third party verification and if such cannot be provided relevant average data; stresses the need for the mechanism to cover both direct and indirect carbon emissions; reiterates the need for adequate anti- circumvention mechanisms; stresses nevertheless that the mechanism should not lead to excessive administrative burden, especially for small- and medium- sized enterprises.
2020/10/05
Committee: ITRE
Amendment 105 #

2020/2043(INI)

Draft opinion
Paragraph 7
7. Calls on the Commission to conduct an in-depth impact assessment of different mechanisms and designsalternatives before presenting a legislative proposal; including regulatory climate standards for imported products and the compatibility with EU ETS’s free allocation of allowances, to incentivise international climate action and prevent carbon leakage before presenting a legislative proposal.
2020/10/05
Committee: ITRE
Amendment 111 #

2020/2043(INI)

Draft opinion
Paragraph 7 a (new)
7a. Calls on the Commission to intensify its efforts for global CO2 pricing and facilitating trade in climate and environmental protection technologies for instance through trade policy initiatives such as the WTO Environmental Goods Agreement; stresses that the Union can play a pioneering role with ambitious energy and sustainability chapters in its trade agreements.
2020/10/05
Committee: ITRE
Amendment 116 #

2020/2043(INI)

Draft opinion
Paragraph 7 b (new)
7b. Calls on the Commission to also consider alternative measures and to thoroughly demonstrate the added value of a carbon border adjustment mechanism; considers that a digital product passport, well designed and synchronised with existing systems, business standardisation bodies and global standards could help in this process; in the post-COVID-19 economy, carbon prices may prove to be too unstable to support effective industrial decarbonisation; therefore, there is a need for product policies to push forward new standards on low-carbon, resource- efficient products to secure the transition to a sustainable economy.
2020/10/05
Committee: ITRE
Amendment 28 #

2020/2042(INI)

Draft opinion
Recital B a (new)
Ba. whereas according to the prevailing interpretation of the 1951 Refugee Convention, displacement based on environmental reasons alone does not meet the requirement for refugee protection;
2020/09/08
Committee: LIBE
Amendment 52 #

2020/2042(INI)

Draft opinion
Paragraph 2
2. Deplores the fact that, while climate migration is a reality that is set to intensify, people who move for long-term, climate change-related reasons have no effective access to protection in the EU; calls on the Member States and the Commission to put in place protection pathways, which include promoting humanitarian visas, temporary protection, authorisation to stay, and regional and bilateral free movement agreements; proposes that a climate passport be issued to persons coming from a country, or part of it, that will become uninhabitable due to climate change as a way to offer them protection from vulnerability and statelessness; proposes that any change in the environment due to climate change be explicitly listed among eligibility criteria for humanitarian protection; calls on the Commission and Member States to put forward such proposals in international forums, in parallel to other EU initiatives;deleted
2020/09/08
Committee: LIBE
Amendment 84 #

2020/2042(INI)

Draft opinion
Paragraph 5
5. Calls on the Commission to enhance and better coordinate less restrictive legal channels for third- country workers and their families, which would include mobility schemes and preferential access for workers coming from a country, or part of it, affected by climate change;deleted
2020/09/08
Committee: LIBE
Amendment 105 #

2020/2042(INI)

Draft opinion
Paragraph 6
6. Underlines the ruling of the UN Human Rights Committee of 20 January 2020, which states that countries may not deport individuals facing climate change- induced conditions that violate the right to life; calls on the Member States to consider the risk of violations of the right to life due to climate change as part of their return decisions, notably triggering non-refoulement obligations;deleted
2020/09/08
Committee: LIBE
Amendment 114 #

2020/2042(INI)

Draft opinion
Paragraph 7
7. Considers that, as part of the reform of the Union’s Migration and Asylum Policy, a comprehensive framework should be established, which includes climate-induced migration and displacement as core part of this process.deleted
2020/09/08
Committee: LIBE
Amendment 120 #

2020/2042(INI)

Draft opinion
Paragraph 7 a (new)
7a. Calls on the international community to reduce the risk of disasters and to promote the inclusion of disaster risk reduction in national preparedness planning, as well as to strengthen the resilience and coping capacities in disaster-prone regions, minimising the need for environmentally-induced displacement when disasters occur;
2020/09/08
Committee: LIBE
Amendment 121 #

2020/2042(INI)

Draft opinion
Paragraph 7 b (new)
7b. Calls on the international community to advance national and regional efforts to prevent and address root causes of displacement and promote the development of durable solutions;
2020/09/08
Committee: LIBE
Amendment 122 #

2020/2042(INI)

Draft opinion
Paragraph 7 c (new)
7c. Underlines that the EU financial support (both internal and external) is being directed to support disaster risk reduction via various channels, including humanitarian aid and development instruments, climate change initiatives, support for endemic surveillance capacity and grants for research projects;
2020/09/08
Committee: LIBE
Amendment 123 #

2020/2042(INI)

Draft opinion
Paragraph 7 d (new)
7d. Highlights the importance to supporting and strengthening the resilience of host communities and communities of origin in developing countries; acknowledges that the environmentally induced displacement linked to both sudden-onset and slow- onset environmental changes will inevitably continue and therefore measures will be required to assist the displaced, including through emergency responses in cases of sudden-onset disasters, and to find durable solutions through humanitarian and civil protection aid and capacity building measures;
2020/09/08
Committee: LIBE
Amendment 146 #

2020/2042(INI)

Motion for a resolution
Paragraph 1 a (new)
1a. Notes that populations of Small Island Developing States are particularly exposed to impacts of climate change and that their challenges therefore require a special assessment, and increased building of resilience against climate- related shocks;
2020/10/15
Committee: DEVE
Amendment 177 #

2020/2042(INI)

Motion for a resolution
Paragraph 2 – indent 4
- affirming and seeking widespread, binding recognition that migrationrecognising that climate change can be one of the root causes of migration and that it is becoming ever more necessary as part of the responsto increase local resilience to the impacts of climate change, and proposing international arrangements for managing climate migration,;
2020/10/15
Committee: DEVE
Amendment 246 #

2020/2042(INI)

Motion for a resolution
Paragraph 8
8. Expresses its support to young people and recognises their valuable contribution in raising global awareness of climate change and the need to empower younger generations; underlines the importance of intercultural dialogue with migrants and refugepeople from developing countries in order to raise awareness of climate change and also to combat all racist and discriminatory practices against migrantethnic and religious minorities and against vulnerable groups, including women and girls in conflict zones, elderly and disabled people, and other marginalised groups;
2020/10/15
Committee: DEVE
Amendment 254 #

2020/2042(INI)

Motion for a resolution
Paragraph 9
9. Calls for a common and coordinated international response led by the EU aimed at making progress in the implementation of recognition, protection and support measures for people who are compelled to move within and between countries in the context of disasters and the adverse effects of climate change; encourages the Union to analyse and adopt new approaches, considering examples of regulation at regional level such as the Kampala Convention, and to promote the incorporation of, inter alia, the Guiding Principles on Internal Displacement into the domestic laws of EU Member States and of third states through bilateral and regional agreementsaddressing of root causes of forced displacement, including climate change, and securing of right of people to stay in their homeland by assisting them in creating decent living and work conditions as well as providing them with essential social services such as education and healthcare;
2020/10/15
Committee: DEVE
Amendment 264 #

2020/2042(INI)

9a. Calls on the Commission to establish effective and sustainable return and readmission policies in the EU’s multilateral agreements, notably in the new ACP-EU partnership agreement;
2020/10/15
Committee: DEVE
Amendment 259 #

2020/2022(INI)

Motion for a resolution
Paragraph 23 a (new)
23a. Further calls on the Commission to establish a framework that avoids platforms from exercising a second layer of control over content that is provided under a media service provider’s responsibility and which is subject to specific standards and oversight;
2020/06/24
Committee: LIBE
Amendment 41 #

2020/2006(INL)

Draft opinion
Paragraph 2 a (new)
2a. Highlights the positive role of Union forest industries in advancing global standards for sustainable forest management; believes that Union industries, small and medium-sized enterprises (SMEs) and micro-enterprises in the forest sector should play a key role in the dialogue with partner countries on how to further promote sustainability in the entire value chain; notes, however, that approximately 80 % of global deforestation is caused by agriculture and believes therefore that standards and certification schemes should accurately target this sector;
2020/03/31
Committee: ITRE
Amendment 17 #

2020/1998(BUD)

Draft opinion
Paragraph 5
5. Takes note of the proposal to increase the appropriations of the European Union Agency for Law Enforcement Cooperation (Europol) by 11.5% while leaving the number of statutory staff unchanged; reminds that the Agency is requested to provide increased operational support to Member States and, upon request, has recently launched new initiatives such as the European Financial and Economic Crime Centre and the Innovation Lab which require additional funding; expects Agency’s tasks to be further extended in 2021 with the upcoming revision of the Agency mandate; considers, therefore, that EUR 184 900 000 should be provided to the Agency in line with its request; requests to add further 63 posts to the Agency establishment plan; considers that sufficient resources should be allocated to Europol to enable the agency to combat organised property crime; states that Europol should set up a new centre in order to prevent organised property crime in Europe;
2020/08/17
Committee: LIBE
Amendment 81 #

2020/0361(COD)

Proposal for a regulation
Recital 12
(12) In order to achieve the objective of ensuring a safe, predictable and trusted online environment, for the purpose of this Regulation the concept of “illegal content” should be defined broadly and also covers information relating to illegal content, products, services and activities. In particular, that concept should be understood to refer to information, irrespective of its form, that under the applicable law is either itself illegal, such as illegal hate speech or terrorist content and unlawful discriminatory content, or that relates to activities that are illegal, such as the sharing of images depicting child sexual abuse, unlawful non- consensual sharing of private images, online stalking, the sale of non-compliant or counterfeit products, the non-authorised use of copyright protected material or activities involving infringements of consumer protection law. In this regard, it is immaterial whether the illegality of the information or activity results from Union law or from national law that is consistent with Union law and what the precise nature or subject matter is of the law in question. The Commission and the Member States should provide guidance to on how to identify the illegal content.
2021/06/23
Committee: ITRE
Amendment 94 #

2020/0361(COD)

Proposal for a regulation
Recital 18
(18) The exemptions from liability established in this Regulation should not apply where, instead of confining itself to providing the services neutrally, by a merely technical and automatic processing of the information provided by the recipient of the service, the provider of intermediary services plays an active role of such a kind as to give it knowledge of, or control over, that information. Those exemptions should accordingly not be available in respect of liability relating to information provided not by the recipient of the service but by the provider of intermediary service itself, including where the information has been developed under the editorial responsibility of that provider. Those exemptions should accordingly not be available in respect of liability relating to information provided not by the recipient of the service but by the provider of intermediary service itself, including where the information has been developed under the editorial responsibility of that provider.
2021/06/23
Committee: ITRE
Amendment 105 #

2020/0361(COD)

Proposal for a regulation
Recital 22
(22) In order to benefit from the exemption from liability for hosting services, the provider should, upon obtaining actual knowledge or awareness of illegal content, act expeditiously to remove or to disable access to that contenassess the grounds for and, when necessary, proceed to removing or disabling access to all copies of that content, and, in accordance with the jurisprudence of the Court of Justice of the European Union, ensure that identical or equivalent illegal content does not reappear within the same context. The removal or disabling of access should be undertaken in the observance of the principle of freedom of expression. The provider can obtain such actual knowledge or awareness through, in particular, its own-initiative investigations or notices submitted to it by individuals or entities in accordance with this Regulation in so far as those notices are sufficiently precise and adequately substantiated to allow a diligent economic operator to reasonably identify, assess and where appropriate act against the allegedly illegal content.
2021/06/23
Committee: ITRE
Amendment 112 #

2020/0361(COD)

Proposal for a regulation
Recital 25
(25) In order to create legal certainty and not to discourage automated or non- automated activities aimed at detecting, identifying and acting against illegal content that providers of intermediary services may undertake on a voluntary basis, it should be clarified that the mere fact that providers undertake such activities does not lead to the unavailability of the exemptions from liability set out in this Regulation, provided those activities are carried out in good faith and in a diligent manner for the sole purpose of detecting, identifying and acting against illegal content. In addition, it is appropriate to clarify that the mere fact that those providers take measures, in good faith, to comply with the requirements of Union or national law, including those set out in this Regulation as regards the implementation of their terms and conditions, should not lead to the unavailability of those exemptions from liability set out in this Regulation. Therefore, any such activities and measures that a given provider may have taken should not be taken into account when determining whether the provider can rely on an exemption from liability, in particular as regards whether the provider provides its service neutrally and can therefore fall within the scope of the relevant provision, without this rule however implying that the provider can necessarily rely thereon.
2021/06/23
Committee: ITRE
Amendment 121 #

2020/0361(COD)

Proposal for a regulation
Recital 30
(30) Orders to act against illegal content or to provide information should be issued in compliance with Union law, in particular Regulation (EU) 2016/679 and the prohibition of general obligations to monitor information or to actively seek facts or circumstances indicating illegal activity laid down in this Regulation. The orders to act against illegal content may require providers of intermediary services to take steps, in the specific case, to remove identical or equivalent illegal content, within the same context. The conditions and requirements laid down in this Regulation which apply to orders to act against illegal content are without prejudice to other Union acts providing for similar systems for acting against specific types of illegal content, such as Regulation (EU) …/…. [proposed Regulation addressing the dissemination of terrorist content online], or Regulation (EU) 2017/2394 that confers specific powers to order the provision of information on Member State consumer law enforcement authorities, whilst the conditions and requirements that apply to orders to provide information are without prejudice to other Union acts providing for similar relevant rules for specific sectors. Those conditions and requirements should be without prejudice to retention and preservation rules under applicable national law, in conformity with Union law and confidentiality requests by law enforcement authorities related to the non- disclosure of information.
2021/06/23
Committee: ITRE
Amendment 128 #

2020/0361(COD)

Proposal for a regulation
Recital 2 a (new)
(2 a) Complex regulatory requirements both on Union and Member State level have contributed to high administrative costs and legal uncertainty for intermediary services operating on the internal market, especially small and medium sized companies, adding to the risk of discriminatory practices in the Member States.
2021/06/10
Committee: LIBE
Amendment 138 #

2020/0361(COD)

Proposal for a regulation
Recital 12
(12) In order to achieve the objective of ensuring a safe, predictable and trusted online environment, for the purpose of this Regulation the concept of “illegal content” should be defined broadly and also covers information relating to illegal content, products, services and activities. In particular, that conceptFor the purpose of this Regulation the concept of “illegal content” should be understood to refer to information, irrespective of its form, that under the applicable law is either itself illegal, such as illegal hate speech or terrorist content and unlawful discriminatory content, or that relateit is not in compliance with Union law since it refers to activities that are illegal, such as the sharing of images depicting child sexual abuse, unlawful non- consensual sharing of private images, online stalking, the sale of non-compliant dangerous or counterfeit products, the non-authorised use of copyright protected material or activities involving infringements of consumer protection law. In this regard, it is immaterial whether the illegality of the information or activity results from Union law or from national law that is consistent with Union law and what the precise nature or subject matter is of the law in question.
2021/06/10
Committee: LIBE
Amendment 139 #

2020/0361(COD)

Proposal for a regulation
Recital 42 a (new)
(42 a) Hosting services providers should not be subject to the obligation to provide a statement of reasons when doing so would infringe on a legal right or cause unintended safety concerns for the recipient of the service. Specifically in cases of one-to-one interface platforms, such as dating applications and other similar services, providing the statement of reasons should be considered such as to likely cause unintended safety concerns for the reporting party. As a result of this, dating applications and other similar services should by default refrain from providing statements of reasons. Additionally, other providers of hosting services should make reasonable efforts to assess if providing a statement of reasons could cause unintended safety concerns to the reporting party, and in such cases, refrain from providing a statement of reasons.
2021/06/23
Committee: ITRE
Amendment 141 #

2020/0361(COD)

Proposal for a regulation
Recital 43
(43) To avoid disproportionate burdens, the additional obligations imposed on online platforms under this Regulation should not apply to micro or, small and medium-sized enterprises (SMEs) as defined in Recommendation 2003/361/EC of the Commission,.41 unless their reach and impact is such that they meet the criteria to qualify as very large online platforms under this Regulation. The consolidation rules laid down in that Recommendation help ensure that any circumvention of those additional obligations is prevented. The exemption of micro- and small, small and medium-sized enterprises (SMEs) enterprises from those additional obligations should not be understood as affecting their ability to set up, on a voluntary basis, a system that complies with one or more of those obligations. _________________ 41 Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium- sized enterprises (OJ L 124, 20.5.2003, p. 36).
2021/06/23
Committee: ITRE
Amendment 142 #

2020/0361(COD)

Proposal for a regulation
Recital 43 a (new)
(43 a) To similarly avoid unnecessary regulatory burden, certain obligations should not apply to online platforms offering products and services from third- party traders, which are established in the European Union, where these traders' access is exclusive, curated and entirely controlled by the providers of the online platform and these traders’ products and services are reviewed and pre-approved by the providers of the online platform before they are offered on the platform. These online platforms are often referred to as closed online platforms. As the products and services offered are reviewed and pre-approved by the online platforms, the prevalence of illegal content and products on these platforms is low, and these platforms cannot benefit from relevant liability exemptions outlined in this Regulation. These online platforms should subsequently not be subjected to the obligations which are necessary for platforms with different operational models where the prevalence of illegal content is more frequent and the relevant liability exemptions are available.
2021/06/23
Committee: ITRE
Amendment 151 #

2020/0361(COD)

Proposal for a regulation
Recital 46
(46) Action against illegal content can be taken more quickly and reliably where online platforms, having received guidance from public authorities on how to identify illegal content, take the necessary measures to ensure that notices submitted by trusted flaggers through the notice and action mechanisms required by this Regulation are treated with priority, without prejudice to the requirement to process and decide upon all notices submitted under those mechanisms in a timely, diligent and objective manner. Such trusted flagger status should only be awarded to entities, and not individuals, that have demonstrated, among other things, that they have particular expertise and competence in tackling illegal content, that they represent collective interests and that they work in a diligent and objective manner. Such entities can be public in nature, such as, for terrorist content, internet referral units of national law enforcement authorities or of the European Union Agency for Law Enforcement Cooperation (‘Europol’) or they can be non-governmental organisations and semi- public bodies, such as the organisations part of the INHOPE network of hotlines for reporting child sexual abuse material and organisations committed to notifying illegal racist and xenophobic expressions online. For intellectual property rights, organisations of industry and of right- holders could be awarded trusted flagger status, where they have demonstrated that they meet the applicable conditions. The rules of this Regulation on trusted flaggers should not be understood to prevent online platforms from giving similar treatment to notices submitted by entities or individuals that have not been awarded trusted flagger status under this Regulation, from otherwise cooperating with other entities, in accordance with the applicable law, including this Regulation and Regulation (EU) 2016/794 of the European Parliament and of the Council.43 _________________ 43Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA, OJ L 135, 24.5.2016, p. 53
2021/06/23
Committee: ITRE
Amendment 157 #

2020/0361(COD)

Proposal for a regulation
Recital 49
(49) In order to contribute to a safe, trustworthy and transparent online environment for consumers, as well as for other interested parties such as competing traders and holders of intellectual property rights, and to deter traders from selling products or services in violation of the applicable rules, online platforms allowing consumers to conclude distance contracts with traders on the platforms should ensure that such traders are traceable. The trader should therefore be required to provide certain essential information to the online platform, including for purposes of promoting messages on or offering products. That requirement should also be applicable to traders that promote messages on products or services on behalf of brands, based on underlying agreements. Those online platforms should store all information in a secure manner for a reasonable period of time that does not exceed what is necessary, so that it can be accessed, in accordance with the applicable law, including on the protection of personal data, by public authorities and private parties with a legitimate interest, including through the orders to provide information referred to in this Regulation.
2021/06/23
Committee: ITRE
Amendment 161 #

2020/0361(COD)

Proposal for a regulation
Recital 50
(50) To ensure an efficient and adequate application of that obligation, without imposing any disproportionate burdens, the online platforms covered should make reasonable efforts to verify the reliability of the information provided by the traders concerned, in particular by using freely available official online databases and online interfaces, such as national trade registers and the VAT Information Exchange System45 , or by requesting the traders concerned to provide trustworthy supporting documents, such as copies of identity documents, certified bank statements, company certificates and trade register certificates. They may also use other sources, available for use at a distance, which offer a similar degree of reliability for the purpose of complying with this obligation. However, the online platforms covered should not be required to engage in excessive or costly online fact-finding exercises or to carry out verifications on the spot, as this would be disproportionate. Nor should such online platforms, which have made the reasonable efforts required by this Regulation, be understood as guaranteeing the reliability of the information towards consumer or other interested parties or be liable for this information in case it proves to be inaccurate. Such online platforms should also design and organise their online interface in a way that enables traders to comply with their obligations under Union law, in particular the requirements set out in Articles 6 and 8 of Directive 2011/83/EU of the European Parliament and of the Council46 , Article 7 of Directive 2005/29/EC of the European Parliament and of the Council47 and Article 3 of Directive 98/6/EC of the European Parliament and of the Council48 . _________________ 45 https://ec.europa.eu/taxation_customs/vies/ vieshome.do?selectedLanguage=en 46Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council 47Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to- consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) 48Directive 98/6/EC of the European Parliament and of the Council of 16 February 1998 on consumer protection in the indication of the prices of products offered to consumers
2021/06/23
Committee: ITRE
Amendment 178 #

2020/0361(COD)

Proposal for a regulation
Recital 34
(34) In order to achieve the objectives of this Regulation, and in particular to improve the functioning of the internal market and ensure a safe and transparent online environment, it is necessary to establish a clear and balanced set of harmonised due diligence obligations for providers of intermediary services. Those obligations should target illegal practices and aim in particular to guarantee different public policy objectives such as the safety and trust of the recipients of the service, including minors and vulnerable users, protect the relevant fundamental rights enshrined in the Charter, to ensure meaningful accountability of those providers and to empower recipients and other affected parties, whilst facilitating the necessary oversight by competent authorities.
2021/06/10
Committee: LIBE
Amendment 185 #

2020/0361(COD)

Proposal for a regulation
Recital 61
(61) The audit report should be substantiated, so as to give a meaningful account of the activities undertaken and the conclusions reached. It should help inform, and where appropriate suggest improvements to the measures taken by the very large online platform to comply with their obligations under this Regulation, without prejudice to its freedom to conduct a business and, in particular, its ability to design and implement effective measures that are aligned with its specific business model. The report should be transmitted to the Digital Services Coordinator of establishment and the Board without delay, together with the risk assessment and the mitigation measures, as well as the platform’s plans for addressing the audit’s recommendations. The report should include an audit opinion based on the conclusions drawn from the audit evidence obtained. A positive opinion should be given where all evidence shows that the very large online platform complies with the obligations laid down by this Regulation or, where applicable, any commitments it has undertaken pursuant to a code of conduct or crisis protocol, in particular by identifying, evaluating and mitigating the systemic risks posed by its system and services. A positive opinion should be accompanied by comments where the auditor wishes to include remarks that do not have a substantial effect on the outcome of the audit. A negative opinion should be given where the auditor considers that the very large online platform does not comply with this Regulation or the commitments undertaken. A disclaimer of an opinion should be given where the auditor does not have enough information to conclude on an opinion due to the novelty of the issues audited.
2021/06/23
Committee: ITRE
Amendment 197 #

2020/0361(COD)

Proposal for a regulation
Recital 46
(46) Action against illegal content can be taken more quickly and reliably where online platforms take the necessary measures to ensure that notices submitted by trusted flaggers through the notice and action mechanisms required by this Regulation are treated with priority, depending on the severity of the illegal activity without prejudice to the requirement to process and decide upon all notices submitted under those mechanisms in a timely, diligent and objective manner. Such trusted flagger status should only be awarded to entities, and not individuals, that have demonstrated, among other things, that they have particular expertise and competence in tackling illegal content, that they represent collective interests and that they work in a diligent and objective manner. Such entities can be public in nature, such as, for terrorist content, internet referral units of national law enforcement authorities or of the European Union Agency for Law Enforcement Cooperation (‘Europol’) or they can be non-governmental organisations and semi- public bodies, such as the organisations part of the INHOPE network of hotlines for reporting child sexual abuse material and organisations committed to notifying illegal racist and xenophobic expressions online. For intellectual property rights, organisations of industry and of right- holders could be awarded trusted flagger status, where they have demonstrated that they meet the applicable conditions. The rules of this Regulation on trusted flaggers should not be understood to prevent online platforms from giving similar treatment to notices submitted by entities or individuals that have not been awarded trusted flagger status under this Regulation, from otherwise cooperating with other entities, in accordance with the applicable law, including this Regulation and Regulation (EU) 2016/794 of the European Parliament and of the Council.43 _________________ 43Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA, OJ L 135, 24.5.2016, p. 53
2021/06/10
Committee: LIBE
Amendment 211 #

2020/0361(COD)

Proposal for a regulation
Recital 53
(53) Given the importance of very large online platforms, due to their reach, in particular as expressed in number of recipients of the service, in facilitating public debate, economic transactions and the dissemination of information, opinions and ideas and in influencing how recipients obtain and communicate information online, it is necessary to impose specific obligations on those platforms, in addition to the obligations applicable to all online platforms. Those additional obligations on very large online platforms are necessary to address those public policy concerns, there being no proportionate alternative and less restrictive measures that would effectively achieve the same result.
2021/06/10
Committee: LIBE
Amendment 225 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point f – indent 3 a (new)
- Providers of not-for-profit scientific or educational repositories are not considered an intermediary service within the meaning of this Regulation.
2021/06/23
Committee: ITRE
Amendment 266 #

2020/0361(COD)

Proposal for a regulation
Article 6 – paragraph 1
Providers of intermediary services shall not be deemed ineligible for the exemptions from liability referred to in Articles 3, 4 and 5 solely because they carry outtake the necessary voluntary own-initiative investigation measures for other activities aimed at sole purpose of detecting, identifying and removing, or disabling of access to, illegal content, or take the necessary measures to comply with the requirements of Union law, including those set out in this Regulation.
2021/06/23
Committee: ITRE
Amendment 276 #

2020/0361(COD)

Proposal for a regulation
Article 1 – paragraph 2 – point b a (new)
(b a) facilitate innovations, support digital transition, encourage economic growth and create a level playing field for digital services within the internal market.
2021/06/10
Committee: LIBE
Amendment 283 #

2020/0361(COD)

5 a. Providers of intermediary services that qualify as micro, small or medium- sized enterprise (SME) within the meaning of the Annex to Recommendation 2003/361/EC, and who have been unsuccessful in obtaining the services of a legal representative after reasonable effort, shall be able to request that the Digital Service Coordinator of the Member State where the enterprise intends to establish a legal representative facilitates further cooperation and recommends possible solutions, including possibilities for collective representation.
2021/06/24
Committee: ITRE
Amendment 285 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point g
(g) ‘illegal content’ means any information,, which, in itself or by its reference to an activity, including the sale of products or provision of services which is not in compliance with Union law or the law of a Member State, irrespective of the precise subject matter or nature of that law;
2021/06/10
Committee: LIBE
Amendment 315 #

2020/0361(COD)

Proposal for a regulation
Article 13 – paragraph 2
2. Paragraph 1 shall not apply to providers of intermediary services that qualify as micro or small enterprises within the meaning of the Annex to Recommendation 2003/361/EC. , small or medium-sized enterprise (SME) within the meaning of the Annex to Recommendation 2003/361/EC. In addition, paragraph 1 shall not apply to enterprises that previously qualified for the status of a micro, small or medium-sized enterprise (SME) within the meaning of the Annex to Recommendation 2003/361/EC during the twelve months following their loss of that status pursuant to Article 4(2) thereof.
2021/06/24
Committee: ITRE
Amendment 319 #

2020/0361(COD)

Proposal for a regulation
Article 14 – paragraph 1
1. Providers of hosting services shall put mechanisms in place to allow any individual or entity to notify them of the presence on their service of specific items of information that the individual or entity considers to be illegal content. Those mechanisms shall be easy to access, user- friendly, and allow for the submission of notices at scale and exclusively by electronic means.
2021/06/24
Committee: ITRE
Amendment 320 #

2020/0361(COD)

Proposal for a regulation
Article 6 – paragraph 1
Providers of intermediary services shall not be deemed ineligible for the exemptions from liability referred to in Articles 3, 4 and 5 solely because they carry outtake the necessary voluntary own-initiative investigations or other activitimeasures aimed at detecting, identifying and removing, or disabling of access to, illegal content, or take the necessary measures to comply with the requirements of Union law, including those set out in this Regulation.
2021/06/10
Committee: LIBE
Amendment 329 #

2020/0361(COD)

Proposal for a regulation
Article 14 – paragraph 2 – point b
(b) a clear indication of the electronic loidentification of that information, in particular the exact URL or URLs, and, where necessary, additional information enabling the identification of the illegal content;
2021/06/24
Committee: ITRE
Amendment 344 #

2020/0361(COD)

Proposal for a regulation
Article 14 – paragraph 6 a (new)
6 a. Where a provider of hosting services processes a notice and decides to remove or disable access to specific items of information provided by the recipients of the service, it shall take steps, in the specific case, to remove identical or equivalent illegal content, within the same context.
2021/06/24
Committee: ITRE
Amendment 346 #

2020/0361(COD)

Proposal for a regulation
Article 14 – paragraph 6 b (new)
6 b. Paragraphs 2, 4 and 5 shall not apply to providers of intermediary services that qualify as micro, small or medium- sized enterprise (SME) within the meaning of the Annex to Recommendation 2003/361/EC. In addition, paragraphs 2, 4 and 5 shall not apply to enterprises that previously qualified for the status of a micro, small or medium-sized enterprise (SME) within the meaning of the Annex to Recommendation 2003/361/EC during the twelve months following their loss of that status pursuant to Article 4(2) thereof.
2021/06/24
Committee: ITRE
Amendment 348 #

2020/0361(COD)

Proposal for a regulation
Article 15 – paragraph 1
1. Where a provider of hosting services decides to remove or disable access to specific items of information provided by the recipients of the service, irrespective of the means used for detecting, identifying or removing or disabling access to that information and of the reason for its decision, it shall inform the recipient, at the latest at the time of thewithout undue delay and at latest within 24 hours after such removaling or disabling of access, of the decision and provide a clear and specific statement of reasons for that decision.
2021/06/24
Committee: ITRE
Amendment 352 #

2020/0361(COD)

Proposal for a regulation
Article 15 – paragraph 2 – point c
(c) where applicable, information on the use made of automated means in taking the decision, including where the decision was taken in respect of content detected or identified using automated means;
2021/06/24
Committee: ITRE
Amendment 358 #

2020/0361(COD)

Proposal for a regulation
Article 15 – paragraph 4
4. Providers of hosting services shall publish the decisions and the statements of reasons, referred to in paragraph 1 in a publicly accessible database managed by the Commission. That information shall not contain personal data.deleted
2021/06/24
Committee: ITRE
Amendment 359 #

2020/0361(COD)

Proposal for a regulation
Article 15 – paragraph 4 a (new)
4 a. Paragraphs 2, 3 and 4 shall not apply to providers of intermediary services that qualify as micro, small or medium- sized enterprise (SME) within the meaning of the Annex to Recommendation 2003/361/EC. In addition, those paragraphs shall not apply to enterprises that previously qualified for the status of a micro, small or medium- sized enterprise (SME) within the meaning of the Annex to Recommendation 2003/361/EC during the twelve months following their loss of that status pursuant to Article 4(2) thereof.
2021/06/24
Committee: ITRE
Amendment 360 #

2020/0361(COD)

Proposal for a regulation
Article 15 – paragraph 4 b (new)
4 b. Providers of hosting services shall not be obliged to provide a statement of reasons referred to in paragraph 1 where doing so would infringe a legal obligation or where the statement of reasons could cause unintended safety concerns for the reporting party. In addition, providers of hosting services shall not be obliged to provide a statement of reasons referred to in paragraph 1 where the provider can demonstrate that the recipient of the service has repeatedly provided illegal content
2021/06/24
Committee: ITRE
Amendment 362 #

2020/0361(COD)

Proposal for a regulation
Article 15 a (new)
Article 15 a Protection against repeated misuse and criminal offences 1. Providers of intermediary services shall, after having issued a prior warning, suspend or in appropriate circumstances terminate the provision of their services to recipients of the service that frequently provide illegal content. 2. Where a provider of intermediary service becomes aware of any information giving rise to a suspicion that a serious criminal offence involving a threat to the life or safety of persons has taken place, is taking place or is likely to take place, it shall promptly inform the law enforcement or judicial authorities of the Member State or Member States concerned of its suspicion and provide all relevant information available. Where the provider of intermediary service cannot identify with reasonable certainty the Member State concerned, it shall inform the law enforcement authorities of the Member State in which it has its main establishment or has its legal representative and also transmit this information to Europol for appropriate follow-up.
2021/06/24
Committee: ITRE
Amendment 364 #

2020/0361(COD)

Proposal for a regulation
Article 16 – title
Exclusion for micro and small enterprise, small and medium- sized enterprises (SMEs) and closed online platforms
2021/06/24
Committee: ITRE
Amendment 369 #

2020/0361(COD)

Proposal for a regulation
Article 16 – paragraph 1
This Section shall not apply to online platforms that qualify as micro or small enterprises micro, small or medium-sized enterprise (SMEs) within the meaning of the Annex to Recommendation 2003/361/EC.
2021/06/24
Committee: ITRE
Amendment 372 #

2020/0361(COD)

Proposal for a regulation
Article 16 – paragraph 1 a (new)
This Section shall not apply to enterprises that previously qualified for the status of micro, small or medium-sized enterprise (SMEs) within the meaning of the Annex to Recommendation 2003/361/EC during the twelve months following their loss of that status pursuant to Article 4(2) thereof.
2021/06/24
Committee: ITRE
Amendment 373 #

2020/0361(COD)

Proposal for a regulation
Article 16 – paragraph 1 b (new)
This Section shall not apply to online platforms offering products and services from third-party traders, which are established in the European Union, where these traders' access is exclusive, curated and entirely controlled by the providers of the online platform and these traders’ products and services are reviewed and pre-approved by the providers of the online platform before they are offered on the platform.
2021/06/24
Committee: ITRE
Amendment 388 #

2020/0361(COD)

Proposal for a regulation
Article 17 – paragraph 5
5. Online platforms shall ensure that the decisions, referred to in paragraph 4, are not solely taken on the basis of automated means.deleted
2021/06/24
Committee: ITRE
Amendment 391 #

2020/0361(COD)

1. RAfter internal complaint handling mechanisms are exhausted, recipients of the service addressed by the decisions referred to in Article 17(1), shall be entitled to select any out-of- court dispute that has been certified in accordance with paragraph 2 in order to resolve disputes relating to those decisions, including complaints that could not be resolved by means of the internal complaint-handling system referred to in that Article. Online platforms shall engage, in good faith, with the body selected with a view to resolving the dispute and shall be bound by the decision taken by the body.
2021/06/24
Committee: ITRE
Amendment 393 #

2020/0361(COD)

Proposal for a regulation
Article 11 – paragraph 4 a (new)
4 a. Providers of intermediary services that qualify as micro or small enterprises within the meaning of the Annex to Recommendation 2003/361/EC, and who have been unsuccessful in obtaining the services of a legal representative after reasonable efforts, shall be able to request that the Digital Service Coordinator of the Member State where the enterprise intends to establish a legal representative facilitates further cooperation and recommends possible solutions, including the possibility for collective representation.
2021/06/10
Committee: LIBE
Amendment 417 #

2020/0361(COD)

Proposal for a regulation
Article 19 – paragraph 7 a (new)
7 a. Online platforms shall, where possible, provide trusted flaggers with access to technical means that help them detect illegal content on a large scale.
2021/06/24
Committee: ITRE
Amendment 422 #

2020/0361(COD)

Proposal for a regulation
Article 20 – paragraph 1
1. Online platforms shall suspend, for a reasonable period of time and after having issued a prior warning, or in appropriate circumstances terminate, the provision of their services to recipients of the service that frequently provide manifestly illegal content.
2021/06/24
Committee: ITRE
Amendment 425 #

2020/0361(COD)

Proposal for a regulation
Article 13 – paragraph 2
2. Paragraph 1 shall not apply to providers of intermediary services that qualify as micro or, small or medium- sized enterprises (SMEs) within the meaning of the Annex to Recommendation 2003/361/EC. In addition, paragraph 1 shall not apply to enterprises that previously qualified for the status of a medium-sized, small or micro-enterprise within the meaning of the Annex to Article 2003/361/EC during the twelve months following their loss of that status pursuant to Article 4(2) thereof.
2021/06/10
Committee: LIBE
Amendment 427 #

2020/0361(COD)

Proposal for a regulation
Article 20 – paragraph 2
2. Online platforms shall suspend, for a reasonable period of time and after having issued a prior warning, the processing of notices and complaints submitted through the notice and action mechanisms and internal complaints- handling systems referred to in Articles 14 and 17, respectively, by individuals or entities or by complainants that frequently submit notices or complaints that are manifestly unfounded.
2021/06/24
Committee: ITRE
Amendment 430 #

2020/0361(COD)

Proposal for a regulation
Article 20 – paragraph 3 – point a
(a) the absolute numbers of items of manifestly illegal content or manifestly unfounded notices or complaints, submitted in the past year;
2021/06/24
Committee: ITRE
Amendment 434 #

2020/0361(COD)

Proposal for a regulation
Article 20 – paragraph 4
4. Online platforms shall set out, in a clear and detailed manner, their policy in respect of the misuse referred to in paragraphs 1 and 2 in their terms and conditions, including as regards the facts and circumstances that they take into account when assessing whether certain behaviour constitutes misuse and the duration of the suspension, and the circumstances in which they will terminate their services.
2021/06/24
Committee: ITRE
Amendment 437 #

2020/0361(COD)

Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1
2. Where the online platform cannot identify with reasonable certainty the Member State concerned, it shall inform the law enforcement authorities of the Member State in which it is has its main establishedment or has its legal representative or inform Europoland also transmit this information to Europol for appropriate follow-up.
2021/06/24
Committee: ITRE
Amendment 442 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 1 – introductory part
1. Where an online platform allows consumers to conclude distance contracts with tradersprofessional traders on the platform, it shall ensure that traders can only use its services to promote messages on or to offer products or services to consumers located in the Union if, prior to the use of its services, the online platform has obtained from the trader the following information:
2021/06/24
Committee: ITRE
Amendment 446 #

2020/0361(COD)

Proposal for a regulation
Article 14 – paragraph 3
3. Notices that include the elements referred to in paragraph 2 shall be considered to give rise to actual knowledge or awareness for the purposes of Article 5 in respect of the specific item of information concerned, if the illegality of the specific item of information is sufficiently precise and adequately substantiated based on the assessment of the provider.
2021/06/10
Committee: LIBE
Amendment 448 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 1 – point c
(c) the bank account details of the trader, where the trader is a natural person;deleted
2021/06/24
Committee: ITRE
Amendment 450 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 1 – point d
(d) the name, address, telephone number and electronic mail address of the economic operator, within the meaning of Article 3(13) and Article 4 of Regulation (EU) 2019/1020 of the European Parliament and the Council51 or any relevant act of Union law; _________________ 51o the extent the contract relates to products that are subject to the Union Regulations listed in Article 4(5) of Regulation (EU) 2019/1020 of the European Parliament and the Council, the name, address, telephone number and electronic mail address of the economic operator, established in the Union, referred to in Article 4(1) of Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 (OJ L 169, 25.6.2019, p. 1).r any relevant act of Union law;
2021/06/24
Committee: ITRE
Amendment 455 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 2
2. The online platform shall, upon receiving that information, mtake reasonable effortseffective steps that would reasonably be taken by a diligent operator in accordance with a high industry standard of professional diligence to assess whether the information referred to in points (a), (d) and (e) of paragraph 1 is accurate, current and reliable through the use of independent and reliable sources including any freely accessible official online database or online interface made available by a Member States or the Union or through requests to the trader to provide supporting documents from reliable sources. The provider of intermediary services should require that traders promptly inform them of any changes to the information referred to in points (a), (d) and (e) and regularly repeat this verification process.
2021/06/24
Committee: ITRE
Amendment 457 #

2020/0361(COD)

Proposal for a regulation
Article 14 – paragraph 6
6. Providers of hosting services shall, where the information provided is sufficiently clear, process any notices that they receive under the mechanisms referred to in paragraph 1, and take their decisions in respect of the information to which the notices relate, in a timely, diligent and objective manner. Where they use automated means for that processing or decision-making, they shall include information on such use in the notification referred to in paragraph 4.
2021/06/10
Committee: LIBE
Amendment 461 #

2020/0361(COD)

Proposal for a regulation
Article 14 – paragraph 6 a (new)
6 a. Paragraphs 2 and 4-5 shall not apply to providers of intermediary services that qualifies as micro, small or medium- sized enterprises within the meaning of the Annex to Recommendations 2003/361/EU, or to those enterprises within twelve months of them losing such status pursuant to Article 4(2) thereof.
2021/06/10
Committee: LIBE
Amendment 462 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 3 – subparagraph 1
3. Where the online platform obtains indications, through its effective steps that would reasonably be taken by a diligent operator under paragraph 2 or through Member States’ consumer authorities, that any item of information referred to in paragraph 1 obtained from the trader concerned is inaccurate, out of date or incomplete, that platform shall request the trader to correct the information in so far as necessary to ensure that all information is accurate and complete, without delay or within the time period set by Union and national law.
2021/06/24
Committee: ITRE
Amendment 478 #

2020/0361(COD)

Proposal for a regulation
Article 23 – paragraph 1 – point b
(b) the number of suspensions imposed pursuant to Article 20, distinguishing between suspensions enacted for the provision of manifestly illegal content, the submission of manifestly unfounded notices and the submission of manifestly unfounded complaints;
2021/06/24
Committee: ITRE
Amendment 479 #

2020/0361(COD)

Proposal for a regulation
Article 15 – paragraph 4 a (new)
4 a. Paragraph 2-4 shall not apply to providers of intermediary services that qualify as micro, small or medium-sized enterprises within the meaning of the Annex to Recommendation 2003/361/EC, or during the first twelve months from when an enterprise lost such status as pursuant to Article 4(2) thereof.
2021/06/10
Committee: LIBE
Amendment 485 #

2020/0361(COD)

Proposal for a regulation
Article 16 – paragraph 1
This Section shall not apply to online platforms that qualify as micro or, small or medium-sized enterprises within the meaning of the Annex to Recommendation 2003/361/EC, nor during the first twelve months to such enterprises following the loss of such status pursuant to Article 4(2) thereof.
2021/06/10
Committee: LIBE
Amendment 537 #

2020/0361(COD)

Proposal for a regulation
Article 19 – paragraph 1
1. Online platforms shall take the necessary technical and organisational measures to ensure that notices submitted by certified trusted flaggers, acting within their designated area of expertise, through the mechanisms referred to in Article 14, are processed and decided upon with priority and without delawithout delay, depending on the severity of the illegal activity.
2021/06/10
Committee: LIBE
Amendment 572 #

2020/0361(COD)

Proposal for a regulation
Article 20 – paragraph 3 – point d
(d) where identifiable, the intention of the recipient, individual, entity or complainant.
2021/06/10
Committee: LIBE
Amendment 582 #

2020/0361(COD)

Proposal for a regulation
Article 28 – paragraph 2 – point a
(a) are independent from the very large online platform concerned; and have not provided any other service to the platform in the previous 12 months.
2021/06/24
Committee: ITRE
Amendment 584 #

2020/0361(COD)

Proposal for a regulation
Article 28 – paragraph 2 – point c a (new)
(c a) have not audited the same very large online platform for more than 3 consecutive years.
2021/06/24
Committee: ITRE
Amendment 587 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 1 – introductory part
1. Where an online platform allows consumers to conclude distance contracts with professional traders, it shall ensure that traders can only use its services to promote messages on or to offer products or services to consumers located in the Union if, prior to the use of its services, the online platform has obtained the following information:
2021/06/10
Committee: LIBE
Amendment 587 #

2020/0361(COD)

Proposal for a regulation
Article 28 – paragraph 3 – point f
(f) where the audit opinion is not positive, operationalegative, recommendations on specific measures to achieve compliance and risk-based remediation timelines with a focus on rectifying issues that have the potential to cause most harm to users of the service as a priority.
2021/06/24
Committee: ITRE
Amendment 588 #

2020/0361(COD)

Proposal for a regulation
Article 28 – paragraph 3 – point f a (new)
(f a) where the organisations that perform the audits do not have enough information to conclude an opinion due to the novelty of the issues audited, a relevant disclaimer.
2021/06/24
Committee: ITRE
Amendment 589 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 1 – point c
(c) the bank account details of the trader, where the trader is a natural person;deleted
2021/06/10
Committee: LIBE
Amendment 591 #

2020/0361(COD)

Proposal for a regulation
Article 28 – paragraph 4 a (new)
4 a. Digital Services Coordinators shall provide very large online platforms under their jurisdiction with an annual audit plan outlining the key areas of focus for the upcoming audit cycle.
2021/06/24
Committee: ITRE
Amendment 616 #

2020/0361(COD)

Proposal for a regulation
Article 30 – paragraph 1
1. Very large online platforms that display advertising on their online interfaces shall compile and make publicly available through application programming interfaces a repository containing the information referred to in paragraph 2, for advertisements that have been seen by more than 5 000 recipients of the service and until one year after the advertisement was displayed for the last time on their online interfaces. They shall ensure that the repository does not contain any personal data of the recipients of the service to whom the advertisement was or could have been displayed.
2021/06/24
Committee: ITRE
Amendment 620 #

2020/0361(COD)

Proposal for a regulation
Article 30 – paragraph 2 – point e
(e) the total number of recipients of the service reached and, where applicable, aggregate numbers for the group or groups of recipients to whom the advertisement was targeted specifically.
2021/06/24
Committee: ITRE
Amendment 638 #

2020/0361(COD)

Proposal for a regulation
Article 27 – paragraph 1 – introductory part
1. Very large online platforms shall put in place reasonable, proportionate and effective mitigation measures targeting illegal practices, tailored to the specific systemic risks identified pursuant to Article 26. Such measures may include, where applicable:
2021/06/10
Committee: LIBE
Amendment 776 #

2020/0361(COD)

Proposal for a regulation
Article 35 – paragraph 1
1. The Commission and the Board shallould encourage and facilitate the drawing up of voluntary codes of conduct at Union level to contribute to the proper application of this Regulation, taking into account in particular the specific challenges of tackling different types of illegal content and systemic risks, in accordance with Union law, in particular on competition and the protection of personal data.
2021/06/10
Committee: LIBE
Amendment 778 #

2020/0361(COD)

Proposal for a regulation
Article 35 – paragraph 2
2. Where significant systemic risk within the meaning of Article 26(1) emerge and concern several very large online platforms, the Commission may invite the very large online platforms concerned, other very large online platforms, other online platforms and other providers of intermediary services, as appropriate, as well as civil society organisations, and other interested parties,relevant stakeholders to participate in the drawing up of codes of conduct, including by setting out commitments to take specific risk mitigation measures, as well as a regular reporting framework on any measures taken and their outcomes.
2021/06/10
Committee: LIBE
Amendment 780 #

2020/0361(COD)

Proposal for a regulation
Article 35 – paragraph 5
5. The Board shallould regularly monitor and evaluate the achievement of the objectives of the codes of conduct, having regard to the key performance indicators that they may contain.
2021/06/10
Committee: LIBE
Amendment 910 #

2020/0361(COD)

Proposal for a regulation
Article 74 – paragraph 2 – introductory part
2. It shall apply from [date - threwelve months after its entry into force].
2021/06/10
Committee: LIBE
Amendment 154 #

2020/0360(COD)

Proposal for a regulation
Recital 15 a (new)
(15 a) Moreover, as reaching the EU climate targets means a vast increase in demand of climate friendly energy, small modular reactors shall be taken into account when creating networks for future proof sustainable energy system as they hold significant potential to broaden the ways of deploying nuclear power in heat and hydrogen production;
2021/04/22
Committee: ITRE
Amendment 230 #

2020/0360(COD)

Proposal for a regulation
Article 1 – paragraph 2 – point a
(a) addresses the identification of projects of common interest necessary to implement priority corridors and areas falling under the energy infrastructure categories in electricity, smart gas grids, hydrogen, electrolysers, small modular reactors and carbon dioxide set out in Annex II (‘energy infrastructure categories’);
2021/04/22
Committee: ITRE
Amendment 416 #

2020/0360(COD)

Proposal for a regulation
Article 4 – paragraph 3 – point f a (new)
(f a) for small modular reactors projects falling under the energy infrastructure categories set out in point (6) of Annex II, the project is to contribute significantly to all of the following specific criteria: (i) reducing greenhouse gas emissions while maintaining security of energy supply; (ii) increase the stability and security of the grid; (iii) enhancing the factory-based serial production of modules, leading to lower absolute and per kWe total construction costs. (iiii) electricity storage facilities used for storing electricity on a permanent or temporary basis.
2021/04/22
Committee: ITRE
Amendment 914 #

2020/0360(COD)

Proposal for a regulation
Annex II – paragraph 1 – subparagraph 1 (new)
(6) concerning small nuclear modules: (a) any equipment aiming at the development or construction of small modular reactors, which are defined as advanced reactors that produce electricity of up to 300MW(e) per module; installations and services essential for the European value chain to build up to a higher rate;
2021/04/23
Committee: ITRE
Amendment 81 #

2020/0310(COD)

Proposal for a directive
— The European Parliament rejects [the Commission proposal].
2021/05/18
Committee: EMPL
Amendment 90 #

2020/0310(COD)

Proposal for a directive
Title 1
Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on a framework for adequate minimum wages in the European Union
2021/05/18
Committee: EMPL
Amendment 239 #

2020/0310(COD)

Proposal for a directive
Recital 17
(17) This Directive should apply to workers who have an employment contract or employment relationship as defined by the law, collective agreements or practice in force in each Member State, with consideration to the criteria established by the Court of Justice of the European Union for determining the status of a worker. Provided that they fulfil those criteria, domestic workers, on-demand workers, intermittent workers, voucher based-workers, bogus self-employed, platform workers, trainees and apprentices could fall within the scope of this Directive. Genuinely self-employed persons do not fall within the scope of this Directive since they do not fulfil those criteria. The abuse of the status of self- employed persons, as defined in national law, either at national level or in cross- border situations, is a form of falsely declared work that is frequently associated with undeclared work. Bogus self- employment occurs when a person is declared to be self-employed while fulfilling the conditions characteristic of an employment relationship, in order to avoid certain legal or fiscal obligations. Such persons should fall within the scope of this Directive. The determination of the existence of an employment relationship should be guided by the facts relating to the actual performance of the work and not by the parties' description of the relationship.
2021/05/18
Committee: EMPL
Amendment 270 #

2020/0310(COD)

Proposal for a directive
Recital 19
(19) In a context of declining collective bargaining coverage, it is essential that the Member States promote collective bargaining to enhance workers’ access to minimum wage protection provided by collective agreements. This applies in particular to Member States with a low collective bargaining coverage. Member States with a high collective bargaining coverage tend to have a low share of low- wage workers and high minimum wages. Member States with a small share of low wage earners have a collective bargaining coverage rate above 70%. Similarly, the majority of the Member States with high levels of minimum wages relative to the median wage have a collective bargaining coverage above 70%. While all Member States should be encouraged to promote collective bargaining, those who do not reach this level of coverage should, in consultation and/or agreement with the social partners, provide for or, where it already exists, strengthen a framework of facilitative procedures and institutional arrangements enabling the conditions for collective bargaining. Such framework shouldmay be established by law or by tripartite agreement..
2021/05/18
Committee: EMPL
Amendment 312 #

2020/0310(COD)

Proposal for a directive
Recital 21
(21) Minimum wages are considered adequate if they are fair in relation to the wage distribution in the country and if they provide a decent standard of living. The adequacy of statutory minimum wages is determined in view of the national socio- economic conditions, including employment growth, competitiveness as well as regional and sectoral developments. Their adequacy should be assessed at least in relation to their purchasing power, to the productivity developments and to their relation to the gross wage levels, distribution and growth. The use of indicators commonly used at international level, such as 60% of the gross median wage and 50% of the gross average wage,in each Member State and that are in accordance with their national laws and practices can help guide the assessment of minimum wage adequacy in relation to the gross level of wages.
2021/05/18
Committee: EMPL
Amendment 375 #

2020/0310(COD)

Proposal for a directive
Recital 29 a (new)
(29 a) The general level of protection afforded to workers in Denmark and Sweden is significantly higher than that provided for in this Directive. Average wage levels are among the highest in the Union and minimum wage protection is provided for effectively by collective bargaining models. It would therefore be wholly disproportionate to require Denmark and Sweden to transpose and implement this Directive.
2021/05/18
Committee: EMPL
Amendment 378 #

2020/0310(COD)

Proposal for a directive
Recital 30
(30) In implementing this Directive Member States should avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of micro, small and medium-sized enterprises. Member States are therefore invited to assess the impact of their transposition act on small and medium-sized enterprises in order to ensure that they are not disproportionatnegatively affected, giving specific attention to micro- enterprises and to the administrative burden, and to publish the results of such assessments. If found that micro, small and medium-sized enterprises are disproportionatnegatively affected, Member States should consider introducing measures to support these enterprises to adjust their remuneration structures to the new requirementbe able to decide not to apply this Directive with regard to those enterprises.
2021/05/18
Committee: EMPL
Amendment 394 #

2020/0310(COD)

Proposal for a directive
Article 1 – paragraph 1 – introductory part
1. With a view to improving working and living conditions in the Union, this Directive establishes a framework for promoting:
2021/05/18
Committee: EMPL
Amendment 429 #

2020/0310(COD)

Proposal for a directive
Article 1 – paragraph 3 a (new)
3a. Member States where there are no statuary minimum wages or systems for declaring collective agreements generally binding, where minimum wage protection is provided exclusively by collective bargaining between autonomous social partners, shall have the option not to apply this Directive, either totally or in part, provided that there is, in the view of the Member State, sufficient support for this among representative social partners at national level.
2021/05/18
Committee: EMPL
Amendment 438 #

2020/0310(COD)

Proposal for a directive
Article 2 – paragraph 1
This Directive applies to workers in the Union who have an employment contract or employment relationship as defined by law, collective agreements or practice in force in each Member State, with consideration to the case-law of the Court of Justice of the European Union.
2021/05/18
Committee: EMPL
Amendment 456 #

2020/0310(COD)

Proposal for a directive
Article 3 – paragraph 1 – point 3
(3) ‘collective bargaining’ means all negotiations which take place in each Member State in accordance with their national law and practices between an employer, a group of employers or one or more employers’ organisations, on the one hand, and one or more workers’ organisations, on the other, for determining working conditions and terms of employment; and/or regulating relations between employers and workers; and/or regulating relations between employers or their organisations and a worker organisation or worker organisations;
2021/05/18
Committee: EMPL
Amendment 466 #

2020/0310(COD)

Proposal for a directive
Article 3 – paragraph 1 – point 4
(4) ‘collective agreement’ means all agreements in each Member State in accordance with their national laws and practices in writing regarding working conditions and terms of employment concluded by the social partners as an outcome of collective bargaining;
2021/05/18
Committee: EMPL
Amendment 478 #

2020/0310(COD)

Proposal for a directive
Article 3 – paragraph 1 – point 5
(5) ‘collective bargaining coverage’ means the share of workers at national levelin each Member State in accordance with their national laws and practices to whom a collective agreement applies;
2021/05/18
Committee: EMPL
Amendment 492 #

2020/0310(COD)

Proposal for a directive
Article 4 – paragraph 1 – introductory part
1. With the aim to increaseof promoting the collective bargaining coverage, Member States shall take, in consult, in accordance with national law and practice and in cooperation with the social partners, at leastundertake the following measures:
2021/05/18
Committee: EMPL
Amendment 536 #

2020/0310(COD)

Proposal for a directive
Article 4 – paragraph 2
2. Member States where overall collective bargaining coverage is less than 70% of the workers defined within the meaning of Article 2 shallmay in addition provide for a framework of enabling conditions for collective bargaining, either by law after consultation of the social partners or by agreement with them, and shallmay establish an action plan to promote collective bargaining. The action plan shallmay then be made public and shall be notified to the European Commission.
2021/05/18
Committee: EMPL
Amendment 537 #

2020/0310(COD)

Proposal for a directive
Article 4 – paragraph 2
2. Member States where collective bargaining coverage is less than 70% of the workers defined within the meaning of Article 2 shallmay in addition provide for a framework of enabling conditions for collective bargaining, either by law after consultation of the social partners or by agreement with them, and shallmay establish an action plan to promote collective bargaining. The action plan shallmay be made public and shall be notified to the European Commission.
2021/05/18
Committee: EMPL
Amendment 643 #

2020/0310(COD)

Proposal for a directive
Article 5 – paragraph 4
4. Member States shall take the necessary measures to ensure the regular and timely updates of statutory minimum wages in order to preservomote their adequacy.
2021/05/18
Committee: EMPL
Amendment 700 #

2020/0310(COD)

Proposal for a directive
Article 7 – paragraph 1 – introductory part
Member States shall take the necessary measures to ensurfacilitate that the social partners are involved in a timely and effective manner in statutory minimum wage setting and updating, including through participation in consultative bodies referred to in Article 5(5) and notably as concerns:
2021/05/18
Committee: EMPL
Amendment 704 #

2020/0310(COD)

Proposal for a directive
Article 7 – paragraph 1 – introductory part
Member States shall take the necessary measures to ensure thatable the social partners arto be involved in a timely and effective manner in statutory minimum wage setting and updating, including through participation in consultative bodies referred to in Article 5(5) and notably as concerns:
2021/05/18
Committee: EMPL
Amendment 732 #

2020/0310(COD)

Proposal for a directive
Article 8 – paragraph 1 – introductory part
Member States shall, where appropriate, in cooperation with social partners, take the following measures to enhance the access of workers to statutory minimum wage protection as appropriate:
2021/05/18
Committee: EMPL
Amendment 864 #

2020/0310(COD)

Proposal for a directive
Article 11 – paragraph 1
1. Member States shall ensure that,in accordance with their national laws and practices, and without prejudice to specific forms of redress and dispute resolution provided for, and where applicable, ensure that in collective agreements, workers, including those whose employment relationship has ended, have access to effective and impartial dispute resolution and a right to redress, including adequate compensation, in the case of infringements of their rights relating to statutory minimum wages or minimum wage protection provided by collective agreements.
2021/05/18
Committee: EMPL
Amendment 876 #

2020/0310(COD)

Proposal for a directive
Article 11 – paragraph 2
2. Member States shall in accordance with their national laws and practices, and where applicable take the measures necessary to protect workers, including those who are workers’ representatives, from any adverse treatment by the employer and from any adverse consequences resulting from a complaint lodged with the employer or resulting from any proceedings initiated with the aim of enforcing compliance with the rights relating to statutory minimum wages or minimum wage protection provided by collective agreements.
2021/05/18
Committee: EMPL
Amendment 890 #

2020/0310(COD)

Proposal for a directive
Article 12 – paragraph 1
Member States shall layThe penalties laid down by the rules on penalties applicable to infringements of national provisions. The penalMember States in accordance with their national laws and practices provided for shall be effective, proportionate and dissuasive.
2021/05/18
Committee: EMPL
Amendment 910 #

2020/0310(COD)

Proposal for a directive
Article 16 – paragraph 3
3. This Directive is without prejudice to any other rights conferred on workers by other legal acts of the Union.
2021/05/18
Committee: EMPL
Amendment 917 #

2020/0310(COD)

Proposal for a directive
Article 19 – paragraph 1
This Directive is addressed to the Member States except Denmark and Sweden.
2021/05/18
Committee: EMPL
Amendment 265 #

2020/0279(COD)

Proposal for a regulation
Recital 13 a (new)
(13a) In light of the recent rapidly changing migratory situations, which have led to complex migratory challenges and considerable migratory pressure on individual Member States along the external border of the Union, there is a need to introduce a new mechanism when a Member State is at risk of migratory pressure. Such mechanism should include a rapid and comprehensive response by the Commission and the Union's bodies, offices and agencies to provide the Member State concerned with operational, legal, diplomatic and financial support in order to reduce the risk of migratory pressure.
2021/12/09
Committee: LIBE
Amendment 267 #

2020/0279(COD)

Proposal for a regulation
Recital 13 b (new)
(13b) To reduce the risk of migratory pressure, and in order to prevent and detect irregular migration, the Union and Member States should take actions for an effective management of the Union's external borders, based on the European integrated border management. In accordance with Article 3(2)(a) of Regulation 2021/1148, this should include the funding of infrastructure, buildings, systems and services required at border crossing points and for border surveillance between border crossing points.
2021/12/09
Committee: LIBE
Amendment 321 #

2020/0279(COD)

Proposal for a regulation
Recital 18
(18) Given the specific characteristics and recurring nature of disembarkations arising in the context of search and rescue operations conducted by Member States or private organisations whether under instruction from Member States or autonomously in the context of migration, this Regulation should provide for a specific process applicable to people disembarked following those operations irrespective of whe, this Regulation should especially take into account the vulnerability of persons arriving from such disembarkations. The mechanism to reduce the risk for migratory pressure should be applied also in this context, to prevent Member States from being overburdened by their there is a situlegal obligations of migratory pressure.n search and rescue operations
2021/12/09
Committee: LIBE
Amendment 884 #

2020/0279(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point w
(w) ‘migratory pressure’ means a situation whereby there is a large number of arrivals of third- country nationals or stateless persons, or a risk of such arrivals, including where this stems from arrivals following search and rescue operations, as a result of the geographical location of a Member State and the specific developments in third countries which generate migratory movements that place a burden even on well-prepared asylum and reception systems and requires immediate action, including as a result of search and rescue operations, places a disproportionate burden even on well- prepared asylum and migration systems, which may cause the Member State concerned not being able to fulfil its legal obligations, in particular those laid down in this Regulation, Regulation (EU) xxx/xxx [Screening Regulation], Regulation (EU) xxx/xxx [Asylum Procedure Regulation], and the Directive xxx/xxx [Return Directive];
2021/12/09
Committee: LIBE
Amendment 887 #

2020/0279(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point w a (new)
(wa) 'risk of migratory pressure' means the risk of a disproportionate burden even on well-prepared asylum and migration system in a Member State, following the anticipation of arrivals of third country nationals, which risk placing the Member State under migratory pressure;
2021/12/09
Committee: LIBE
Amendment 1144 #

2020/0279(COD)

Cooperation with third countries to facilitate return and readmissionon border and migration management
2021/12/09
Committee: LIBE
Amendment 1152 #

2020/0279(COD)

Proposal for a regulation
Article 7 – paragraph 1
1. Where tThe Commission, on and the basis of the analysis carried out in accordance with Article 25a(2) or (4) of Regulation (EU) No 810/2009 of the European Parliament and of the Council57 and of any other information available, considers that a third country is not cooperating sufficiently on the readmission of illegally staying third- country nationals, and without prejudice to Article 25(a)(5) of that Regulation, it shall submit a report to the Council including, where appropriate, the identification of any measures which could be takenMember States shall promote mutually-beneficial partnerships and close cooperation with relevant third countries om border and migration management. The Commission and Member States shall also promote the integration of border and migration management in all relevant Union policies and the assessment of the full application of the visa policy and other measures designed to improve thmote cooperation of thatwith third country as regards readmission, taking into account the Union’s overall relations with the third country. _________________ 57Regulation (EC) No 810/2009 of the European Parliament and of the Council, of 13 July 2009, establishing a Community Code on Visas, OJ L 243, 15.9.2009, p. 1ies to facilitate the return and readmission of illegally staying third-country nationals.
2021/12/09
Committee: LIBE
Amendment 1178 #

2020/0279(COD)

Proposal for a regulation
Article 8 – paragraph 1
1. Member States shall examine any application for international protection by a third-country national or a stateless person who appliesregistered on the territory of any one of them, including at the border or in the transit zones. The application shall be examined by a single Member State, which shall be the one which the criteria set out in Chapter II of Part III indIn accordance with Article 7 of Regulation (EU) xxx/xxx, the application for international protection shall be registered in the Member State of first entry of in the Member State where the applicante is responsiblelegally present.
2021/12/09
Committee: LIBE
Amendment 2411 #

2020/0279(COD)

Proposal for a regulation
Article 55 – paragraph 2
2. Where a Member State commits to provide return sponsorship on the territory of the benefitting Member State and the illegally staying third-country nationals who are subject to a return decision issued by the benefitting Member State do not return or are not removed within 8 months, the Member State providing return sponsorship shall transfer the persons concerned onto its own territory in line with the procedure set out in Articles 57 and 58. This period shall start from the adoption of the implementing act referred to in Article 53(1) or, where applicable, in Article 49(2). The 8 months period referred to in subparagraph 1 shall be suspended if the illegally staying third-country national has absconded.
2021/12/10
Committee: LIBE
Amendment 2423 #

2020/0279(COD)

Proposal for a regulation
Article 55 – paragraph 4 – subparagraph 1
These measures shall not affect the obligations and responsibilities of the benefitting Member State laid down in Directive 2008/115/EC, including to avoid the risk of absconding.
2021/12/10
Committee: LIBE
Amendment 157 #

2020/0278(COD)

Proposal for a regulation
Recital 2
(2) The rules governing border control of persons crossing the external borders of the Member States of the Union are laid down in Regulation (EU) 2016/399 of the European Parliament and of the Council (Schengen Borders Code)21 as adopted under Article 77(2)(b) of the Treaty on the Functioning of the European Union (TFEU). To further develop the Union’s policy with a view to carrying out checks on persons and efficiently monitoring the crossing of external borders referred to in the first paragraph of Article 77 TFEU, additional measures should address situations where third-country nationals manage to avoidcircumvent border checks at the external borders, or where third-country nationals are disembarked following search and rescue operations as well as where third-country nationals request international protection at a border crossing point without fulfilling entry conditions. The present regulation complements and specifies Regulation (EU) 2016/399 with regard to those three sets of situations. _________________ 21 Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code), OJ L 77, 23.3.2016, p.1.
2022/01/26
Committee: LIBE
Amendment 162 #

2020/0278(COD)

Proposal for a regulation
Recital 3
(3) It is essential to ensure that in those three sets of situations, the third country nationals are screened, in order to facilitate a proper identification and to allow for them being referred efficientlyhe efficient referral to the relevant procedures which, depending on the circumstances, can be procedures for international protection or procedures respecting, refusal of entry in accordance with Regulation (EU) 2016/399 (the Schengen Border Code") and return procedures in accordance with Directive 2008/115/EC of the European Parliament and of the Council (the “Return Directive”)22 . The screening should seamlessly complement the checks carried out at the external border or compensate for the fact that those checks have been circumvented by the third country nationals when crossing the external border. _________________ 22 Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals, OJ L 348, 24.12.2008, p. 98.
2022/01/26
Committee: LIBE
Amendment 172 #

2020/0278(COD)

Proposal for a regulation
Recital 4
(4) Border control is not only in the interest not only of the Member States at whose external borders it is carried out but of all Member States which have abolished internal border control. Border control should help to combaprevent illegal migration and combat trafficking of human beings and to prevent any threat to the internal security of the Union, the Member States’ international security, public policy, public health and international relations. As such, measures taken at the external borders are important elements of a comprehensive approach to asylum and migration, allowingnd vital to address the challenge of mixed flows of migrants and ensuring access to the relevant procedure for persons seeking international protection.
2022/01/26
Committee: LIBE
Amendment 174 #

2020/0278(COD)

Proposal for a regulation
Recital 4 a (new)
(4 a) An effective border management is an integrated part in the European approach to asylum and migration, which builds on the principle of solidarity and fair sharing of responsibility.
2022/01/26
Committee: LIBE
Amendment 179 #

2020/0278(COD)

Proposal for a regulation
Recital 5 a (new)
(5 a) In order to prevent and detect unauthorised migration and third-country nationals circumventing the border checks at the external border, the Union and Member States should take actions for an effective management of the Union's external borders, based on the European integrated border management. In accordance with Article 3(2)(a) of Regulation 2021/1148, this should include the funding of infrastructure, buildings, systems and services required at border crossing points and for border surveillance between border crossing points.
2022/01/26
Committee: LIBE
Amendment 185 #

2020/0278(COD)

Proposal for a regulation
Recital 6
(6) Border guards are often confronted with third-country nationals who are requesting international protection without the necessary identification and/or travel documents, both following apprehension during border surveillance and during checks at the border crossing points. Moreover, at some border sections the border guards are confronted with large numbers of arrivals at the same time. In such circumstances, it is particularly difficult to ensure that all relevant databases are consulted and to immediately determine the appropriate asylum or return procedure.
2022/01/26
Committee: LIBE
Amendment 200 #

2020/0278(COD)

Proposal for a regulation
Recital 9
(9) With regard to those persons who apply for international protection, the screening should be followed by anfacilitate the examination of the need for international protection. It should allow to collect and share with the authorities competent for that examination any information that is relevant for the latter to identify the appropriate procedure for the examination of the application, thus speeding up that examination. The screening should also ensure that persons with special needs are identified at an early stage, so that any special reception and procedural needs are fully taken into account in the determination of and the pursuit of the applicable procedure.
2022/01/26
Committee: LIBE
Amendment 212 #

2020/0278(COD)

Proposal for a regulation
Recital 12
(12) The screening should be conducted at or in proximity to the external border, before the persons concerned are authorised to enter the territory. The Member States should apply measures pursuant to national law to prevent the persons concerned from entering the territory during the screening and prevent secondary movement. In individual cases, where required, this may include detention, or alternatives to detention, subject to the national law regulating that matter.
2022/01/26
Committee: LIBE
Amendment 226 #

2020/0278(COD)

Proposal for a regulation
Recital 15
(15) All persons subject to the screening should be submitted to checks in order to establish their identity and to ascertain that they do not pose a threat to internal securitor national security, public order or policy or public health. In the case of persons requesting international protection at border crossing points, the identity and security checks carried out in the context of border checks should be taken into account to avoid duplication.
2022/01/26
Committee: LIBE
Amendment 228 #

2020/0278(COD)

Proposal for a regulation
Recital 16
(16) On completion of the screening, the third-country nationals concerned should be referred to the relevant procedure to establish responsibility for examining an application for and to assess the need for international protection, or be made subject to procedures respecting Directive 2008/115 (return directive), as appropriate. The relevant information obtained during the screening should be provided to the competent authorities to support the further assessment of eachAs this referral is of an administrative nature to establish the relevant procedure on an individual cbase, in full respect of fundamental rights. The procedures established by Directive 2008/115 should start applying only after the screening has ended. Article 26 and 27 of the Asylum Procedures Regulation should apply only after the screening has ended. This should be without prejudice to the fact that the persons applying for international protection at the moment of apprehension, in the cois, the right to an effective remedy shall be reserved for the relevant procedures in accordance with the provisions in Regulation (EU) XXX/XXX [Asylum Procedurse of border control at the border crossing point or during the screening, should be considered applicantsRegulation] or Directive 2008/115.
2022/01/26
Committee: LIBE
Amendment 232 #

2020/0278(COD)

Proposal for a regulation
Recital 16 a (new)
(16 a) The relevant information obtained during the screening should be provided to the competent authorities to support the further assessment of each individual case, in full respect of fundamental rights. The procedures established by Directive 2008/115 should start applying only after the screening has ended. Article 26 and 27 of the Asylum Procedures Regulation should apply only after the screening has ended. This should be without prejudice to the fact that the persons applying for international protection at the moment of apprehension, in the course of border control at the border crossing point or during the screening, should be considered applicants.
2022/01/26
Committee: LIBE
Amendment 241 #

2020/0278(COD)

Proposal for a regulation
Recital 18
(18) In accordance with Article 12 of Regulation (EU) 2016/399, the fulfilment of entry conditions and the authorisation of entry are expressed in an entry stamp in a travel document. The absence of such entry stamp or the absence of a travel document mayshould therefore be considered as an indication that the holder does not fulfil the entry conditions. With the start of the operation of the Entry/Exit System leading to substitution of the stamps with an entry in the electronic system, that presumption will become more reliable. Member States should therefore apply the screening to third-country nationals who are already within the territory and who are unable to prove that they fulfilled the conditions of entry into the territory of the Member States. The screening of such third-country nationals is necessary in order to compensate for the fact that they presumably managed to evade entry checks upon arrival in the Schengen area and therefore could have not been either refused entry or referred to the appropriate procedure following screening. Applying the screening could also help in ascertaining, through the consultation of the databases referred to in this Regulation, that the persons concerned do not pose a threat to internal securitor national security or to public order or policy. By the end of the screening within the territory, the third- country nationals concerned should be subject to a return procedure or, where they apply for international protection, to the appropriate asylum procedure. Submitting the same third-country national to repeated screenings should be avoided to the utmost extent possible.
2022/01/26
Committee: LIBE
Amendment 270 #

2020/0278(COD)

Proposal for a regulation
Recital 23
(23) In order to ensure compliance with EU and international law, including the Charter of Fundamental Rights, during the screening, each Member State should establish a, or designate an existing, monitoring mechanism and put in place adequate safeguards for the independence thereof. The monitoring mechanism should, complement the monitoring conducted by the European Union Agency for Asylum and cover in particular the respect for fundamental rights in relation to the screening, as well as the respect for the applicable national rules regarding detention and compliance with the principle of non-refoulement as referred to in Article 3(b) of Regulation (EU) 2016/399. The Fundamental Rights Agency should establish general guidance as to the establishment and the independent functioning of such monitoring mechanism. Member States should furthermore be allowed to request the support of the Fundamental Rights Agency for developing their national monitoring mechanism. Member States should also be allowed to seek advice from the Fundamental Rights Agency with regard to establishing the methodology for this monitoring mechanism and with regard to appropriate training measures. Member States should also be allowed to invite relevant and competent national, international and non-governmental organisations and bodies to participate in the monitoring. The independent monitoring mechanism should be without prejudice to the monitoring of fundamental rights provided by the European Border and Coast Guard Agency’s fundamental rights monitors provided for in Regulation (EU) 2019/1896. The Member States should investigate allegations of the breach of the fundamental rights during the screening, including by ensuring that complaints are dealt with expeditiously and in an appropriate way.
2022/01/26
Committee: LIBE
Amendment 290 #

2020/0278(COD)

Proposal for a regulation
Recital 26
(26) A preliminary health examination should be carried out by the competent authorities of the Member States on all persons submitted to the screening at the external borders with a view to identifying persons in need of immediate care or requiring other measures to be taken, for instance isolation on public health grounds. The specific needs of minors and vulnerable persons should be taken into account. If it is clear from the circumstances that such examination is not needed, in particular because the overall condition of the person appears to be very good, the examination should not take place and the person concerned should be informed of that fact. The preliminary health examination should be carried out by the health authorities of the Member State concerned. With regard to third- country nationals apprehended within the territory, the preliminary medical examination should be carried out where it is deemed necessary at first sight.
2022/01/26
Committee: LIBE
Amendment 292 #

2020/0278(COD)

Proposal for a regulation
Recital 26 a (new)
(26 a) Where it is deemed necessary based on the preliminary health examination and individual circumstances, third-country nationals should have the right to a preliminary medical examination. The preliminary medical examination should be carried out by the health authorities of the Member State concerned.
2022/01/26
Committee: LIBE
Amendment 299 #

2020/0278(COD)

Proposal for a regulation
Recital 28
(28) Since third-country nationals subject to the screening may not have or carry the necessary identity and travel documents required for the legal crossing of the external border, an identification procedure should be providedcarried out for as part of the screening.
2022/01/26
Committee: LIBE
Amendment 314 #

2020/0278(COD)

Proposal for a regulation
Recital 32 a (new)
(32 a) The competent authorities should, in accordance with provision in national legislation, be able to carry out searches of private property, personal belonging and electronic devices for identification or travel documents, in order to establish the identity of a third-country national.
2022/01/26
Committee: LIBE
Amendment 326 #

2020/0278(COD)

Proposal for a regulation
Recital 35
(35) The screening should also assess whether the entry of the third-country nationals into the Union could pose a threat to internal or national security or to public order or policy.
2022/01/26
Committee: LIBE
Amendment 343 #

2020/0278(COD)

Proposal for a regulation
Recital 42
(42) Since access to EES, ETIAS, VIS and ECRIS-TCN is necessary for the authorities designated to carry out the screening in order to establish whether the person could pose a threat to the internal or national security or to public order or policy, Regulation (EC) No 767/2008, Regulation (EU) 2017/2226, Regulation (EU) 2018/1240 and Regulation (EC) No 2019/816, respectively, should be amended to provide for this additional access right which is currently not provided by those Regulations. In the case of Regulation (EU) No 2019/816, this amendment should for reasons of variable geometry take place through a different regulation than the present one.
2022/01/26
Committee: LIBE
Amendment 351 #

2020/0278(COD)

Proposal for a regulation
Recital 45
(45) Since the objectives of this Regulation, namely the strengthening of the control of persons who are about to enterseek entry to the Schengen area and their referral to the appropriate procedures, cannot be achieved by Member States acting alone, it is necessary to establish common rules at Union level. Thus, 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.
2022/01/26
Committee: LIBE
Amendment 366 #

2020/0278(COD)

Proposal for a regulation
Article 1 – paragraph 2
The purpose of the screening shall be the strengthening of the external border and the control of persons who are about to enter the Schengen area and their referral to the appropriate procedures.
2022/01/26
Committee: LIBE
Amendment 374 #

2020/0278(COD)

Proposal for a regulation
Article 1 – paragraph 3
The object of the screening shall be the identification of all third-country nationals subject to it and the verification against relevant databases that the persons subject to it do not pose a threat to internal securitor national security or public order or policy. The screening shall also entail health checks, where appropriate, to identify persons vulnerable and in the need of health care as well the ones posing a threat to public health. Those checks shall contribute to referring such persons to the appropriate procedure.
2022/01/26
Committee: LIBE
Amendment 444 #

2020/0278(COD)

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 (new)
The third-country national are required to carry a travel document with an entry stamp in accordance with Article 12 of Regulation (EU) 2016/399. The absence of such entry stamp shall be indicative with the third-country national having entered the European Union in an unauthorised manner, for whom the screening applies.
2022/01/26
Committee: LIBE
Amendment 514 #

2020/0278(COD)

Proposal for a regulation
Article 7 – paragraph 2 – introductory part
2. Each Member State shall establishprovide an independent monitoring mechanism, to complement and assist the monitoring undertaken by the European Asylum Agency in accordance with Article 14 of Regulation (EU) xxx/xxx [European Asylum Agency].
2022/01/27
Committee: LIBE
Amendment 541 #

2020/0278(COD)

Proposal for a regulation
Article 7 – paragraph 2 – indent 3
— to ensure that allegations of non- respect for fundamental rights in relation to the screening, including in relation to access to the asylum procedure and non- compliance with the principle of non- refoulement, are properly investigated, and where applicable, dealt with effectivadequately and without undue delay.
2022/01/27
Committee: LIBE
Amendment 553 #

2020/0278(COD)

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1
Member States shall establish a monitoring mechanism or designate an existing mechanism and put in place adequate safeguards to guarantee the independence of the mechanism.
2022/01/27
Committee: LIBE
Amendment 653 #

2020/0278(COD)

Proposal for a regulation
Article 9 – paragraph 4
4. Where it is deemed necessary based on the circumstances, third-country nationals submitted to the screening referred to in Article 5 shall be subject to a preliminary medical examination, notably to identify any medical condition requiring immediate care, special assistance or isolation. Such examination shall be carried out by the competent health authorities in the Member States.
2022/01/27
Committee: LIBE
Amendment 669 #

2020/0278(COD)

Proposal for a regulation
Article 10 – paragraph 2
2. For the purpose of the identification referred to in paragraph 1, the competent authorities shall quermake use of Identity Management System (IDMS) tools and query relevant national and international databases, as well as the common identity repository (CIR) referred to in Article 17 of Regulation (EU) 2019/817. The biometric data of a third-country national taken live during the screening, as well as the identity data and, where available, travel document data shall be used to that end.
2022/01/27
Committee: LIBE
Amendment 672 #

2020/0278(COD)

Proposal for a regulation
Article 10 – paragraph 4 a (new)
4 a. For the purposes of paragraph 1, point (a), Member States may, in accordance with provisions in national legislation, search the property, belongings and electronic devices of third- country nationals. The independent monitoring mechanism shall ensure that the national legislation and the application of such provisions are compatible with Union law, in particular the Charter of Fundamental Rights.
2022/01/27
Committee: LIBE
Amendment 679 #

2020/0278(COD)

Proposal for a regulation
Article 11 – paragraph 1
1. Third country nationals submitted to the screening pursuant to Article 3 or Article 5 shall undergo a security check to verify that they do not constitute a threat to internal securitor national security or public order or policy. The security check may cover both the third-country nationals and the objects in their possession. The law of the Member State concerned shall apply to any searches carried out.
2022/01/27
Committee: LIBE
Amendment 694 #

2020/0278(COD)

Proposal for a regulation
Article 12 – paragraph 2
2. Where a match is obtained following a query as provided for in Article 11(3) against data in one of the information systems, the competent authority shall have access to consult the file corresponding to that match in the respective information system in order to determine the risk to internal securitor national security or public order or policy as referred to in Article 11(1).
2022/01/27
Committee: LIBE
Amendment 702 #

2020/0278(COD)

Proposal for a regulation
Article 12 – paragraph 5
5. The Commission shall adopt implementing acts to specify the procedure for cooperation between the authorities responsible for carrying out the screening, Interpol National Central Bureaux, Europol national unit, and ECRIS-TCN central authorities, respectively, to determine the risk to internal securitor national security or public order or policy. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15(2).
2022/01/27
Committee: LIBE
Amendment 755 #

2020/0278(COD)

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1 – subparagraph 1
shall be referred to the competent authorities to swiftly apply procedures respectingin accordance with Directive (EU) 2008/115/EC (Return Directive).
2022/01/27
Committee: LIBE
Amendment 758 #

2020/0278(COD)

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2
In all cases not related to search and rescue operations, entry mayshall be refused in accordance withf the conditions in Article 14 of Regulation 2016/399 are met.
2022/01/27
Committee: LIBE
Amendment 770 #

2020/0278(COD)

Proposal for a regulation
Article 14 – paragraph 2
2. Third-country nationals who made an application for international protection shall be referred to the authorities referred to in Article XY of Regulation (EU) No XXX/XXX [Asylum Procedure Regulation], together with the form referred to in Article 13 of this Regulation. On that occasion, the authorities conducting the screening shall point in the de-briefing form to any elements which seem at first sight to be relevant to refer the third-country nationals concerned into the accelerated examination procedure or the border procedure. A third-country national who pose a threat to the internal security of the Union or the public order and security of the Member State or are deceptive about their identity shall remain in the border procedure until a decision to grant international protect or a return border procedure has been concluded.
2022/01/27
Committee: LIBE
Amendment 789 #

2020/0278(COD)

Proposal for a regulation
Article 14 – paragraph 7 a (new)
7 a. The referral to a procedure in accordance with this Article shall not be subject to remedy. Member States shall ensure that the applicant has the right to an effective remedy in the procedure he or she is referred to.
2022/01/27
Committee: LIBE
Amendment 94 #

2020/0277(COD)

Proposal for a regulation
Recital 1
(1) The Union, in constituting an area of freedom, security and justice, should ensure the absence of internal border controls for persons and frame a common policy on asylum, immigration and external border control, based on solidarity and fair sharing of responsibility between Member States, which is also fair towards third- country nationals.
2022/01/28
Committee: LIBE
Amendment 103 #

2020/0277(COD)

Proposal for a regulation
Recital 3
(3) The comprehensive approach should bring together policies in the areas of asylum, migration management, returns, external border protection and partnership with relevant third countries, recognising that the effectiveness of the overall approach depends on all components set out in Regulation (EU) XXX/XXX [Regulation on Asylum and Migration Management] being jointly addressed and in an integrated manner. The comprehensive approach should ensure that the Union has at its disposal specific rules to effectively manage migration including the triggering of a compulsory solidarity mechanism and that all the necessary measures are put in place to prevent crisis to happen.
2022/01/28
Committee: LIBE
Amendment 111 #

2020/0277(COD)

Proposal for a regulation
Recital 3 a (new)
(3a) In order to prevent and detect unauthorised migration and third-country nationals circumventing the border checks at the external border, the Union and Member States should take actions for an effective management of the Union's external borders, based on the European integrated border management. In accordance with Article 3(2)(a) of Regulation 2021/1148, this should include the funding of infrastructure, buildings, systems and services required at border crossing points and for border surveillance between border crossing points.
2022/01/28
Committee: LIBE
Amendment 125 #

2020/0277(COD)

Proposal for a regulation
Recital 5
(5) This Regulation should contribute to and complete the comprehensive approach by setting out the specific procedures and mechanisms in the field of international protection and return that should apply in the exceptional circumstances of a situation of crisis and force majeure. It should ensure, in particular, the effective application of the principle of solidarity and fair sharing of responsibility and the adaptation of the relevant rules on asylum and return procedures, so that the Member States and the Union have the necessary tools at their disposal including sufficient time to carry out those procedures.
2022/01/28
Committee: LIBE
Amendment 141 #

2020/0277(COD)

Proposal for a regulation
Recital 6 a (new)
(6a) Such effective actions should be comprehensive and include, inter alia, operational, diplomatic, legal and financial measures to reduce and prevent the mass influx of third-country nationals and to support the affected Member State.
2022/01/28
Committee: LIBE
Amendment 147 #

2020/0277(COD)

Proposal for a regulation
Recital 7
(7) In addition to situations of crisis, Member States may be faced with abnormal and unforeseeable circumstances outside their control, the consequences of which could not have been avoided in spite of the exercise of all due care and contingency planning as set out in the Regulation (EU) XXX/XXX [Asylum and Migration Management]. Such situations of force majeure could make it impossible to respect the time limits set by Regulations (EU) XXX/XXX [Asylum Procedures Regulation] and (EU) XXX/XXX [Asylum and Migration Management] for registering applications for international protection or carrying out the procedures for determining the Member State responsible for examining an application for international protection. In order to ensure that the common asylum system continues functioning in an efficient and fair manner, while guaranteeing a timely examination of international protection needs and legal certainty, longer time limits for the registration of applications and for the procedural steps required for determining responsibility and transferring applicants to the responsible Member State should apply in such situations. Member States faced with a situation of force majeure should also be able to implement the solidarity measures that they have to take pursuant to the solidarity mechanism set out in this Regulation and in Regulation (EU) XXX/XXX [Asylum and Migration Management] within an extended time frame, where necessary.
2022/01/28
Committee: LIBE
Amendment 157 #

2020/0277(COD)

Proposal for a regulation
Recital 8
(8) The solidarity mechanism for situations of migratory pressure as set out in Regulation (EU) XXX/XXX [Asylum and Migration Management] should be adapted to the specific needs of situations of crisis and force majeure by extending the personal scope of the solidarity measures provided for in that Regulation and setting shorter deadlines.
2022/01/28
Committee: LIBE
Amendment 162 #

2020/0277(COD)

Proposal for a regulation
Recital 10
(10) In order to quickly help alleviate the pressure faced by a Member State in a situation of crisis, the scope of voluntary relocation should include all categories of applicants for international protection, including persons granted immediate protection, as well as beneficiaries of international protection and irregular migrants. Furthermore, a Member State that provides return sponsorship should transfer the illegally staying third-country national from the benefitting Member State if the person concerned does not return or is not removed within four months, instead of eight months as provided for by Regulation (EU) XXX/XXX [Asylum and Migration Management]. When applicable, Member States should also apply the discretionary clause in Article 25 of Regulation (EU) XXX/XXX [Asylum and Migration Management] when meaningful links exist.
2022/01/28
Committee: LIBE
Amendment 183 #

2020/0277(COD)

Proposal for a regulation
Recital 12
(12) In situations of crisis, Member States might need a wider set of measures in order to manage a mass influx of third- country nationals in an orderly fashion and containprevent any unauthorised or secondary movements. Such measures should include the application of an asylum crisis management procedure and a return crisis management procedure.
2022/01/28
Committee: LIBE
Amendment 224 #

2020/0277(COD)

Proposal for a regulation
Recital 14 a (new)
(14a) In situations of instrumentalisation of migrants by third countries at the EU external borders, the Member State concerned may have the flexibility to take a decision in the framework of the border procedure on the admissibility and on the merits of all applications for international protection by third-country nationals or stateless persons apprehended or found in the proximity of the border with the third country after an unauthorised crossing or who presented themselves at border crossing points.
2022/01/28
Committee: LIBE
Amendment 230 #

2020/0277(COD)

Proposal for a regulation
Recital 15
(15) The screening of third-country nationals according to the rules laid down in Regulation (EU) No XXX/XXX [Screening Regulation] should apply with the possibility to extend the 5-day deadline by another five20 days, as specified in that Regulation.
2022/01/28
Committee: LIBE
Amendment 242 #

2020/0277(COD)

Proposal for a regulation
Recital 17
(17) The return crisis management procedure should facilitate, in a situation of crisis, the return of illegally staying third- country nationals whose applications were rejected in the context of a crisis asylum management procedure and who have no right to remain andor are not allowed to remain, by providing the competent national authorities with the necessary tools and sufficient time-frame to carry out return procedures with due diligence. To be able to respond to situations of crisis in an effective manner, the return crisis management procedure should apply also to applicants, third- country nationals and stateless persons subject to the border procedure referred to in Article 41 of the of proposed Regulation (EU) XXX/XXX [Asylum Procedures Regulation], whose applications were rejected before the adoption of a Commission decision declaring that a Member State is confronted with a situation of crisis, and who have no right to remain and are not allowed to remain after such a decision.
2022/01/28
Committee: LIBE
Amendment 249 #

2020/0277(COD)

Proposal for a regulation
Recital 18
(18) When applying the return crisis management procedure, illegally staying third-country nationals or stateless persons who have no right to remain andor are not allowed to remain should not be authorised to enter the territory of the Member State concerned and should be kept at the locations referred to in Article 41a(2) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation] for a period that may be longer than the one established by that Article in order to enable authorities to cope with the situations of crisis and finalise return procedures; for this purpose, the maximum duration of 12 weeks of the border procedure for carrying out return set out in Article 41a(2) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation] could be prolonged by an additional period that may not exceed eightanother 12 weeks. During that period, it should be possible to keep the illegally staying third- country nationals in detention, in application of Article 41(a)(5) and (6) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], provided that the guarantees and conditions for detention laid down in Directive XXX/XXX/EU [recast Return Directive] are respected, including the individual assessment of each case, judicial control of detention and adequate conditions of detention.
2022/01/28
Committee: LIBE
Amendment 258 #

2020/0277(COD)

Proposal for a regulation
Recital 19
(19) In order to allow for the proper management of a crisis situation and ensure a proper adaptation of the relevant rules on the asylum and return procedure, the Commission should, by way of an implementing decision, authorise concerned Member States, upon their reasoned requestnotification, to apply relevant derogatory rules. Such an implementing decision could authorise one or more requesting Member States to derogate from the relevant rules.
2022/01/28
Committee: LIBE
Amendment 263 #

2020/0277(COD)

Proposal for a regulation
Recital 20
(20) The Commission should examine a reasoned request submitted by a Member State while takingassess a situation of crisis either by notification of the Member State concerned or on the basis of available information. The assessment should take into account substantiated information gathered pursuant to Regulation (EU) XXX/XXX [Asylum Agency Regulation] and Regulation (EU) 2019/1896 of the European Parliament and of the Council24 and the Migration Management report referred to in Regulation (EU) XXX/XXX [Asylum and Migration Management]. _________________ 24 Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624, OJ L 295, 14.11.2019, p. 1.
2022/01/28
Committee: LIBE
Amendment 275 #

2020/0277(COD)

Proposal for a regulation
Recital 21
(21) In order to provide Member States with additional time needed to deal with the situation of crisis and at the same time ensure an effective and as quick as possible access to the relevant procedures and rights, the Commission should authorise the application of the asylum crisis management procedure and the return crisis management procedure for a period of six months, which could be extended up to a period not exceeding one year. After the expiry of the relevant period, the extended deadlines provided for in the asylum and return crisis management procedures should not be applied to new applications for international protectionntil the Member State concerned is no longer under the situation of crisis.
2022/01/28
Committee: LIBE
Amendment 281 #

2020/0277(COD)

Proposal for a regulation
Recital 22
(22) For the same reasons, the Commission should authorise the application of derogatory rules as regards the registration deadline for a period not exceeding four12 weeks, which should be renewable upon a new reasoned request submitted by the Member State concerned. The total period of application should nonetheless not exceed twelve weeks.
2022/01/28
Committee: LIBE
Amendment 301 #

2020/0277(COD)

Proposal for a regulation
Recital 23
(23) In a crisis situation, Member States should have the possibility to suspend the examination of applications for international protection made by displaced persons from third countries who are unable to return to their country of origin, where they would face a high degree of risk of being subject to indiscriminate violence, in exceptional situations of armed conflict. In such a case, immediate protection status should be granted to those persons. Member States should resume the examination of their application one year at the latestthose persons should be given a temporary right to remain until their applications for international protection is examined, at the latest within one year from itsthe suspension.
2022/01/28
Committee: LIBE
Amendment 308 #

2020/0277(COD)

Proposal for a regulation
Recital 24
(24) Persons granted immediate protectiotemporary right to remain should continue to be considered as applicants for international protection, in view of their pending application for international protection within the meaning of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], as well as within the meaning of Regulation (EU) XXX/XXX [Asylum and Migration Management].
2022/01/28
Committee: LIBE
Amendment 314 #

2020/0277(COD)

Proposal for a regulation
Recital 25
(25) Member States should ensure that beneficiaries of immediate protection statusthose persons given a temporary right to remain have effective access to all the rights laid down in Regulation (EU) XXX/XXX [Qualification Regulation] applicable and equivalent to those enjoyed by beneficiaries of subsidiary protection.
2022/01/28
Committee: LIBE
Amendment 321 #

2020/0277(COD)

Proposal for a regulation
Recital 26
(26) In order to carry out a proper assessment of applications for international protection submitted by beneficiaries of immediate protection, the asylum procedures should resume at the latest after one year from the suspension of such procedures.deleted
2022/01/28
Committee: LIBE
Amendment 330 #

2020/0277(COD)

Proposal for a regulation
Recital 27
(27) Since the adoption of Council Directive 2001/55/EC25 , the rules concerning the qualification of beneficiaries of international protection have evolved considerably. Given that this Regulation lays down rules for granting immediate protection statustemporary right to remain in crisis situations to displaced persons from third countries who are unable to return to their country of origin, and provides for specific rules for solidarity for such persons, Directive 2001/55/EC should be repealedapply parallel to this Regulation. _________________ 25 Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof (OJ L 212, 7.8.2001, p. 12.)
2022/01/28
Committee: LIBE
Amendment 360 #

2020/0277(COD)

Proposal for a regulation
Recital 31
(31) In situations of force majeure, which render it impossible for a Member State to comply with the obligation to undertake solidarity measures within the timeframes established in the Regulation (EU) XXX/XXX [Asylum and Migration Management] and this Regulation, it should be possible for that Member State to notify the Commission and the other Member States of the precise reasons for which it considers that it is facing such a situation and extend the timeframe for undertaking solidarity measures. The Commission should within two weeks assess the situation in the particular Member State and decide whether an extension of the timeframe for the solidarity measures should be provided or not.
2022/01/28
Committee: LIBE
Amendment 406 #

2020/0277(COD)

Proposal for a regulation
Article 1 – paragraph 1
1. This Regulation addresses situations of crisis and force majeure in the field of migration and asylum within the Union and provides for specific rules derogating from those set out in Regulations (EU) XXX/XXX [Asylum and Migration Management] and (EU) XXX/XXX [Asylum Procedures Regulation] and in Directive XXX [recast Return Directive], when these regulations are not sufficient to deal with a situation of crisis and force majeure.
2022/01/28
Committee: LIBE
Amendment 416 #

2020/0277(COD)

Proposal for a regulation
Article 1 – paragraph 2 – point a
(a) an exceptional situation of mass influx of third-country nationals or stateless persons arriving irregularly in a Member State or disembarked on its territory following search and rescue operations, being of such a scale, in proportion to the population and GDP of the Member State concerned, and nature, that it renders the Member State’s asylum, reception or return system non- functional, and the Regulation (EU) XXX/XXX [Asylum Procedures Regulation] and Regulation (EU) XXX/XXX [Asylum and Migration Management Regulation] is not sufficient to address the situation, which can have serious consequences for the functioning the Common European Asylum System or the Common Framework as set out in Regulation (EU) XXX/XXX [Asylum and Migration Management], or
2022/01/28
Committee: LIBE
Amendment 423 #

2020/0277(COD)

Proposal for a regulation
Article 1 – paragraph 2 – point a a (new)
(a a) Force majeure is to be understood as an unavoidable situation of crisis, where an irresistible force beyond the control of a Member State occurs, making it pragmatically impossible for this Member State to perform its obligations under Union asylum and migration law.
2022/01/28
Committee: LIBE
Amendment 445 #

2020/0277(COD)

Proposal for a regulation
Article 2 – paragraph 1
1. For the purpose of providing solidarity contributions for the benefit of a Member State in situations of crisis as set out in Article 1(2)(a), Part IV of Regulation (EU) XXX/XXX [Asylum and Migration Management] shall apply mutatis mutandis, with the exception of Article 45(1), point (d), Article 47, Article 48, Article 49, Article 51(3)(b)(iii) and (4), Article 52(2) and (5) and Article 53(2), second and third subparagraphs.
2022/01/28
Committee: LIBE
Amendment 448 #

2020/0277(COD)

Proposal for a regulation
Article 2 – paragraph 2
2. By way of derogation from Article 50(3), the assessment referred to in that paragraph shall cover the situation in the Member State concerned during the preceding [one]three months.
2022/01/28
Committee: LIBE
Amendment 467 #

2020/0277(COD)

Proposal for a regulation
Article 2 – paragraph 7 a (new)
7a. In meeting its obligations under Directive XXX/XXX/EU [Reception Conditions Directive recast], the Member State in a situation of crisis shall receive support from the European Union funding, where necessary.
2022/01/28
Committee: LIBE
Amendment 483 #

2020/0277(COD)

Proposal for a regulation
Article 3 – paragraph 1
1. Where a Member State considers that it is facing a crisis situation of crisis as referred to in Article 1(2), that Member State shall submit a reasoned request to the Commissionwithout delay notify the Commission, the European Parliament and the Council for the purpose of applying the rules laid down in Articles 4, 5 or 6 as necessary.
2022/01/28
Committee: LIBE
Amendment 489 #

2020/0277(COD)

Proposal for a regulation
Article 3 – paragraph 2
2. Where, on the basis of the examination carried out in accordance with paragraph 8, the Commission considers such a request justifiedthat the affected Member State is confronted with a situation of crisis, it shall, by means of an implementing decision, authorise the Member State concerned to apply the derogatory rules laid down in Articles 4, 5 or 6.
2022/01/28
Committee: LIBE
Amendment 494 #

2020/0277(COD)

Proposal for a regulation
Article 3 – paragraph 3
3. The implementing decision referred to in paragraph 2 shall be adopted within ten days from the requestnotification and shall set the date from which the rules laid down in Articles 4, 5 or 6 may be applied, as well as the time period for their application.
2022/01/28
Committee: LIBE
Amendment 502 #

2020/0277(COD)

Proposal for a regulation
Article 3 – paragraph 5
5. The Commission may authorise the application of the rules laid down in Article 6 for a maximum period of fourtwelve weeks. If a Member State considers it necessary to further extend the application of the rules laid down in Article 6, it shall submit a reasoned request to the Commission at the latest five days before the expiry of the fourtwelve-week period. The Commission may authorise the prolongation of the application of the rules laid down in Article 6 for an additional maximum period of four weeks, which shall be renewable once. The period of application shall not exceed twelventy weeks in total, including, where paragraph 8 is applied, the period preceding the adoption of the implementing decision referred to in paragraph 2.
2022/01/28
Committee: LIBE
Amendment 507 #

2020/0277(COD)

Proposal for a regulation
Article 3 – paragraph 7
7. When submitting the requestnotification referred to in paragraph 1, a Member State may notify the Commission that it considers necessary to apply the rules laid down in Article 6 before the examination of this requestnotification by the Commission is concluded. In such a case, by way of derogation from paragraph 3 of this Article, the Member State concerned may apply the rules laid down in Article 6 from the day following the requestnotification and for a period not exceeding 15 days. The Member State shall indicate in the requestnotification the reasons for which an immediate action is required. The Commission shall assess the situation in the Member State concerned and adopt the implementing decision referred to in paragraph 2 within the 15- day period.
2022/01/28
Committee: LIBE
Amendment 511 #

2020/0277(COD)

Proposal for a regulation
Article 3 – paragraph 8
8. The Commission shall examine the reasoned requestnotification pursuant to paragraph 1, or the notification pursuant to paragraph 7 on the basis of substantiated information, in particular the information gathered by the Commission pursuant to the EU mechanism for Preparedness and Management of Crises related to Migration (Migration Preparedness and Crisis Blueprint) and by the European Asylum Support Office (EASO) pursuant to Regulation (EU) No 439/201031 , the European Border and Coast Guard Agency pursuant to Regulation (EU) 2019/1896 and the Migration Management Report referred to Article 6 of Regulation (EU) XXX/XXX [Asylum and Migration Management], and other relevant information by Union bodies, agencies and offices. _________________ 31 Regulation (EU) No 439/2010 of the European Parliament and of the Council of 19 May 2010 establishing a European Asylum Support Office (OJ L 132, 29.5.2010, p. 11.)
2022/01/28
Committee: LIBE
Amendment 534 #

2020/0277(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point a a (new)
(a a) By way of derogation from Article 41(2)(a) and (b) and Article 41(5) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], in situations of instrumentalisation of migrants by third countries at the EU external borders, the Member State confronted with the arrival of third-country nationals or stateless persons at its external border as a consequence of such situations may take a decision in the framework of the border procedure on the admissibility and on the merits of all applications for international protection by third-country nationals or stateless persons apprehended or found in the proximity of the border with the third country after an unauthorised crossing or who presented themselves at border crossing points.
2022/01/28
Committee: LIBE
Amendment 539 #

2020/0277(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point b
(b) By way of derogation from Article 41(11) and (13) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], the maximum duration of the border procedure for the examination of applications set out in that Article may be prolonged by an additional period of maximum eighttwelve weeks. Following this period, the applicant shall be authorised to enter the Member State’s territory for the completion of the procedure for international protection.
2022/01/28
Committee: LIBE
Amendment 547 #

2020/0277(COD)

1. In a crisis situation as referred to in Article 1(2), and in accordance with the procedures laid down in Article 3, Member States may, in respect of illegally staying third-country nationals or stateless persons whose applications were rejected in the context of the asylum crisis management procedure pursuant to Article 4, and who have no right to remain andor are not allowed to remain, derogate from Article 41 and Article 41a of Regulation (EU) XXX/XXX [Asylum Procedures Regulation] as follows:
2022/01/28
Committee: LIBE
Amendment 553 #

2020/0277(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point a
(a) By way of derogation from Article 41a(2) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], the maximum period during which third- country nationals or stateless persons shall be kept at the locations referred to in that Article may be prolonged by an additional period of maximum eighttwelve weeks;
2022/01/28
Committee: LIBE
Amendment 560 #

2020/0277(COD)

Proposal for a regulation
Article 5 – paragraph 2
2. Paragraph 1 shall also apply to applicants, third-country nationals and stateless persons subject to the procedure referred to in Article 41 of Regulation (EU) XXX/XXX [Asylum Procedures Regulation] whose application has been rejected before the adoption by the Commission of a decision issued in accordance with Article 3 of this Regulation, and who have no right to remain and are not allowed to remain after the adoption of that decision.deleted
2022/01/28
Committee: LIBE
Amendment 570 #

2020/0277(COD)

Proposal for a regulation
Article 6 – paragraph 1
In a crisis situation as referred to in Article 1(2)(a) and in accordance with the procedure laid down in Article 3, applications made within the period during which this Article is applied shall be registered no later than within fourtwelve weeks from when they are made by way of derogation from Article 27 of Regulation (EU) XXX/XXX [Asylum Procedures Regulation].
2022/01/28
Committee: LIBE
Amendment 579 #

2020/0277(COD)

Proposal for a regulation
Article 7 – paragraph 1
1. Where a Member State is facing a situation of force majeure which renders it impossible to comply with the time limits set out in Article 27 of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], that Member State shall without delay notify the Commission, the European Parliament and the Council. After such notification, by way of derogation from Article 27 of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], applications may be registered by that Member State no later than four weeks from when they are made. In the notification, the Member State concerned shall indicate the precise reasons for which it considers that this paragraph has to be applied and indicate the period of time during which it will be applied.
2022/01/28
Committee: LIBE
Amendment 603 #

2020/0277(COD)

Proposal for a regulation
Chapter V – title
V Granting of immediate protectioa temporary right to remain
2022/01/28
Committee: LIBE
Amendment 612 #

2020/0277(COD)

Proposal for a regulation
Article 10 – title
Granting of immediate protection statusa temporary right to remain
2022/01/28
Committee: LIBE
Amendment 617 #

2020/0277(COD)

Proposal for a regulation
Article 10 – paragraph 1
1. In a crisis situation as referred to in Article 1(2)(a), and on the basis of an implementing act adopted by the Commission in accordance with paragraph 4 of this Article, Member States may suspend the examination of applications for international protection in accordance with Regulation (EU) XXX/XXX [Asylum Procedures Regulation] and Regulation (EU) XXX/XXX [Qualification Regulation] in respect of displaced persons from third countries who are facing a high degree of risk of being subject to indiscriminate violence, in exceptional situations of armed conflict, and who are unable to return to their country of origin. In such a case, Member States shall grant immediate protection statusa temporary residence permit to the persons concerned, unless they represent a danger to the national security or public order of the Member State. Such statustemporary residence permit shall be without prejudice to their ongoing application for international protection in the relevant Member State. Such temporary residence permit referred to in the first subparagraph shall not be taken into account for the purpose of calculating the duration of residence pursuant to Article 4(1) of Directive 2003/109/EC.
2022/01/28
Committee: LIBE
Amendment 630 #

2020/0277(COD)

Proposal for a regulation
Article 10 – paragraph 2
2. Member States shall ensure that beneficiaries of immediate protectionpersons with a temporary residence permit have effective access to all the relevant rights laid down in Regulation (EU) XXX/XXX [Qualification Regulation] applicable to beneficiaries of subsidiary protection.
2022/01/28
Committee: LIBE
Amendment 635 #

2020/0277(COD)

Proposal for a regulation
Article 10 – paragraph 3 a (new)
3a. With derogation from paragraph 1, Member States shall not grant a temporary residence permit if the third country national represents a danger to the national security or public order or policy of the Member State or to the internal security of the Union. If the person concerns represents such a danger, the Member State shall carry out the examination of the application for international protection in an accelerated border procedure.
2022/01/28
Committee: LIBE
Amendment 649 #

2020/0277(COD)

Proposal for a regulation
Article 10 – paragraph 4 – point d
(d) establish the date from which this Article shall be applied and set out the time period during which applications for international protection of displaced person as referred to in point (a) may be suspended and immediate protection statustemporary residence permit shall be granted.
2022/01/28
Committee: LIBE
Amendment 675 #

2020/0277(COD)

Proposal for a regulation
Article 11 – paragraph 1
1. The Commission shall adopt implementing acts in respect of authorising the application of the derogatory procedural rules referred to in Articles 4, 5 and 6, and triggering the granting of immediate protection statustemporary residence permit in accordance with Article 10. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 12(2).
2022/01/28
Committee: LIBE
Amendment 699 #

2020/0277(COD)

Proposal for a regulation
Article 14
Council Directive 2001/55/EC is repealed with effect from xxx (date).Article 14 deleted Repeal
2022/01/28
Committee: LIBE
Amendment 48 #

2020/0036(COD)

Proposal for a regulation
Recital 1
(1) The Commission has, in its Communication of 11 December 2019 entitled ‘The European Green Deal’19 , set out a new growth strategy that aims to transform the Union into a fair and prosperous society, with a modern, resource-efficient and, competitive and resilient economy, where there are no net emissions of greenhouse gases in 2050 and where economic growth is decoupled from resource use. 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 must be just and inclusive, leaving no one behind. _________________ 19 Commission Communication - The European Green Deal, COM(2019) 640 final of 11 December 2019.
2020/06/09
Committee: ITRE
Amendment 63 #

2020/0036(COD)

Proposal for a regulation
Recital 6
(6) Achieving climate neutrality should require a contribution from all economic sectors, with an emphasis on phasing out the use of fossil resources across all sectors. In light of the importance of energy production and consumption on greenhouse gas emissions, the transition to a sustainable, affordable and secure energy system relying on a well-functioning internal energy market is essential. The digital transformation, technological innovation, and research and development are also importantessential drivers for achieving the climate-neutrality objective.
2020/06/09
Committee: ITRE
Amendment 64 #

2020/0036(COD)

Proposal for a regulation
Recital 6
(6) Achieving climate neutrality should require a contribution from all economic sectors, with an emphasis on phasing out the use of fossil resources across all sectors. In light of the importance of energy production and consumption on greenhouse gas emissions, the transition to a sustainable, affordable and secure energy system relying on a well-functioning internal energy market is essential. The digital transformation, technological innovation, and research and development are also important drivers for achieving the climate-neutrality objective.
2020/06/09
Committee: ITRE
Amendment 69 #

2020/0036(COD)

Proposal for a regulation
Recital 6 a (new)
(6a) Climate protection is an opportunity for the European economy and should help securing its industry leadership in global innovation. Sustainable production innovations can promote European industrial strength in key market segments and thus protect and create jobs.
2020/06/09
Committee: ITRE
Amendment 109 #

2020/0036(COD)

Proposal for a regulation
Recital 12 a (new)
(12a) The Paris climate goals must be implemented in a way that respects technology neutrality, economic efficiency and social balance. Only if the EU remains economically strong, attractive for investments and internationally competitive and ensures broad social acceptance it can act as a global model for climate protection.
2020/06/09
Committee: ITRE
Amendment 110 #

2020/0036(COD)

Proposal for a regulation
Recital 12 a (new)
(12a) To achieve climate neutrality and complement the role of forests as sinks, it is important to further promote the use of bio-based materials, fuels and products, as an alternative to fossil-based, with a view to reducing emissions;
2020/06/09
Committee: ITRE
Amendment 119 #

2020/0036(COD)

Proposal for a regulation
Recital 13 a (new)
(13a) The Union's GHG emission reduction target for 2030 should be set at a level, which is fully aligned with the commitments made under the Paris Agreement and with the aims set out in this Regulation. Due account must be taken of the Union's industrial, technological and innovation potential. In order to stimulate international coordination and joint action to this end, it is necessary to maintain and develop the Union's industrial competitiveness, economic growth and social standards.
2020/06/09
Committee: ITRE
Amendment 121 #

2020/0036(COD)

Proposal for a regulation
Recital 13 a (new)
(13a) The Union should continue its efforts to promote circular economy and further support renewable solutions that can substitute fossil-fuel based products and materials.
2020/06/09
Committee: ITRE
Amendment 147 #

2020/0036(COD)

Proposal for a regulation
Recital 17 a (new)
(17a) The Commission should also assess to what extent the use of international market mechanisms could contribute to the cost-effective achievement of the goals of the EU and the Member States. If it considers it necessary, it should submit proposals to the European Parliament and the Council to amend this Regulation, Directive 2003/87/ EC of the European Parliament and of the Council and Regulation (EU) 2018/842 of the European Parliament and of the Council.
2020/06/09
Committee: ITRE
Amendment 154 #

2020/0036(COD)

Proposal for a regulation
Recital 18
(18) To ensure the Union and the Member States remain on track to achieve the climate-neutrality objective and progress on adaptation, the Commission should regularly assess progress and gaps in required support. Should the collective progress made by Member States towards the achievement of the climate-neutrality objective or on adaptation be insufficient or Union measures inconsistent with the climate- neutrality objective or inadequate to enhance adaptive capacity, strengthen resilience or reduce vulnerability, the Commission should take the necessary measures in accordance with the Treaties. The Commission should also regularly assess relevant national measures, and issue recommendations where it finds that a Member State’s measures are inconsistent with the climate-neutrality objective or inadequate to enhance adaptive capacity, strengthen resilience and reduce vulnerability to climate change.
2020/06/09
Committee: ITRE
Amendment 160 #

2020/0036(COD)

Proposal for a regulation
Recital 19
(19) The Commission should ensure a robust and objective assessment based on the most up to date scientific, technical and socio-economic findings, and representative of a broad range of independent expertise, and base its assessment on relevant information including information submitted and reported by Member States, reports of the European Environment Agency, best available scientific evidence, including the reports of the IPCC, the latest stocktake in accordance with Article 14 of the Paris Agreement and UNFCC. Given that the Commission has committed to exploring how the EU taxonomy can be used in the context of the European Green Deal by the public sector, this should include information on environmentally sustainable investment, by the Union and Member States, consistent with Regulation (EU) 2020/… [Taxonomy Regulation] when such information becomes available. The Commission should use European and global statistics and data where available and seek expert scrutiny. The European Environment Agency should assist the Commission, as appropriate and in accordance with its annual work programme.
2020/06/09
Committee: ITRE
Amendment 167 #

2020/0036(COD)

Proposal for a regulation
Recital 21
(21) In order to provide predictability and confidence for all economic actors, including businesses, workers, investors and consumers, to ensure that the transition towards climate neutrality is irreversible, to ensure gradual reduction 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. _________________ 37deleted OJ L 123, 12.5.2016, p. 1.
2020/06/09
Committee: ITRE
Amendment 175 #

2020/0036(COD)

Proposal for a regulation
Recital 23 a (new)
(23a) The EU climate policies and legislative framework should promote afforestation and sustainable forest management across the Union, by means of sharing best practice, industrial knowledge and innovation.
2020/06/09
Committee: ITRE
Amendment 205 #

2020/0036(COD)

Proposal for a regulation
Article 2 – paragraph 2
2. The relevant Union institutions and the Member States shall take the necessary measures at Union and national level respectively, to enable the collective achievement of the climate-neutrality objective set out in paragraph 1, taking into account the importance of promoting economic development, global competitiveness, fairness and solidarity among Member States.
2020/06/09
Committee: ITRE
Amendment 239 #

2020/0036(COD)

Proposal for a regulation
Article 2 – paragraph 4 a (new)
4a. When assessing the need to adopt new legislative proposals revising existing legislation and policies, the Commission shall take into consideration regulatory consistency and stability in order to preserve a favourable environment for future-proof investments.
2020/06/09
Committee: ITRE
Amendment 252 #

2020/0036(COD)

Proposal for a regulation
Article 3 – paragraph 1
1. The Commission is empowered to adopt delegated acts in accordance with Article 9 to supplement this Regulation byshall assess, based on the criteria set out in paragraph 3, the feasibility of setting out an indicative trajectory at Union level to achieve the climate-neutrality objective set out in Article 2(1) until 2050. At the latest within six months after each global stocktake referred to in Article 14 of the Paris Agreement, the Commission shall review the trajectoryand make an appropriate legislative proposal to that effect.
2020/06/09
Committee: ITRE
Amendment 274 #

2020/0036(COD)

Proposal for a regulation
Article 3 – paragraph 3 – point a a (new)
(aa) the need to minimise the use of fossil resources;
2020/06/09
Committee: ITRE
Amendment 276 #

2020/0036(COD)

Proposal for a regulation
Article 3 – paragraph 3 – point a b (new)
(ab) the benefits of active forestry and afforestation;
2020/06/09
Committee: ITRE
Amendment 290 #

2020/0036(COD)

Proposal for a regulation
Article 3 – paragraph 3 – point c
(c) best available technology in a technology neutral manner;
2020/06/09
Committee: ITRE
Amendment 301 #

2020/0036(COD)

Proposal for a regulation
Article 3 – paragraph 3 – point d a (new)
(da) the need to reduce dependency on fossil fuels and to increase the use of fossil free energy sources;
2020/06/09
Committee: ITRE
Amendment 307 #

2020/0036(COD)

Proposal for a regulation
Article 3 – paragraph 3 – point d b (new)
(db) the potential of sustainable forest management and afforestation;
2020/06/09
Committee: ITRE
Amendment 308 #

2020/0036(COD)

Proposal for a regulation
Article 3 – paragraph 3 – point d c (new)
(dc) the contribution and potential of nuclear energy to carbon neutral electricity production in Member States, where applicable;
2020/06/09
Committee: ITRE
Amendment 332 #

2020/0036(COD)

Proposal for a regulation
Article 3 – paragraph 3 – point g a (new)
(ga) the need for predictability and regulatory stability for future-proof investments;
2020/06/09
Committee: ITRE
Amendment 335 #

2020/0036(COD)

Proposal for a regulation
Article 3 – paragraph 3 – point h
(h) the need to ensure a just and socially fair transition, including the potential social impact of future measures;
2020/06/09
Committee: ITRE
Amendment 340 #

2020/0036(COD)

Proposal for a regulation
Article 3 – paragraph 3 – point i
(i) international developments and global efforts undertaken by third countries to achieve the long-term climate objectives of the Paris Agreement and the ultimate objective of the United Nations Framework Convention on Climate Change;
2020/06/09
Committee: ITRE
Amendment 341 #

2020/0036(COD)

Proposal for a regulation
Article 3 – paragraph 3 – point i a (new)
(ia) the prevention of carbon leakage, in particular in energy intensive industries competing at global level;
2020/06/09
Committee: ITRE
Amendment 390 #

2020/0036(COD)

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 – point b a (new)
(b a) the collective progress at global level towards the achievement of the Paris Agreement objectives;
2020/06/09
Committee: ITRE
Amendment 479 #

2020/0036(COD)

Proposal for a regulation
Article 8 – paragraph 1
The Commission shall engage with all parts of society to enable and empower them to take action towards a climate- neutral and climate-resilient society. The Commission shall facilitate an inclusive and accessible process at all levels, including at national, regional and local level and with social partners, industry stakeholders, citizens and civil society, for the exchange of best practice and to identify actions to contribute to the achievement of the objectives of this Regulation. In addition, the Commission may also draw on the multilevel climate and energy dialogues as set up by Member States in accordance with Article 11 of Regulation (EU) 2018/1999.
2020/06/09
Committee: ITRE
Amendment 223 #

2020/0006(COD)

Proposal for a regulation
Article 3 – paragraph 1
1. The JTF shall support the Investment for jobs and growth goal in all Member States. The fund should aim to be technology neutral.
2020/05/20
Committee: ITRE
Amendment 268 #

2020/0006(COD)

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point d
(d) investments in the deployment of technology and infrastructures for affordable clean energy, in greenhouse gas emission reduction, including development of existing and planned nuclear power stations where applicable in accordance with the objectives of the Euratom Treaty and EU law, energy efficiency and renewable energy;
2020/05/20
Committee: ITRE
Amendment 275 #

2020/0006(COD)

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point d
(d) investments in the deployment of technology and infrastructures for affordable clean energy, in greenhouse gas emission reduction, circular economy, energy efficiency and renewable energy;
2020/05/20
Committee: ITRE
Amendment 293 #

2020/0006(COD)

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point d b (new)
(db) cross-border electricity interconnection, with a view to achieving the target of 15 % by 2030;
2020/05/20
Committee: ITRE
Amendment 303 #

2020/0006(COD)

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point e
(e) investments in digitalisation and digital connectivity, including investments in very high capacity networks and 5G technology as well as smart energy solutions and related infrastructure and technologies;
2020/05/20
Committee: ITRE
Amendment 361 #

2020/0006(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point a
(a) the decommissioning or the construction of nuclear power stations;
2020/05/20
Committee: ITRE
Amendment 466 #

2020/0006(COD)

Proposal for a regulation
Article 9 – paragraph 1
Where the Commission concludes, based on the examination of the final performance report of the programme, that there is a failure to achieve at least 65% of the target established for one or more output or result indicators for the JTF resources, it mayshall make financial corrections pursuant to Article [98] of Regulation (EU) [new CPR] by reducing the support from the JTF to the priority concerned in proportion to the achievements.
2020/05/20
Committee: ITRE
Amendment 501 #

2020/0006(COD)

Proposal for a regulation
Annex I – paragraph 1 – point b
(b) In order to ensure a level-playing field in the EU that enables the JTF to contribute to all EU Member States' transition, the allocations resulting from the application of point (a) are adjusted to ensure that no single Member State receives an amount exceeding EUR 2 billion. The amounts exceeding EUR 2 billion per Member State are redistributed proportionally to the allocations of all other Member States. The Member States shares are recalculated accordingly;
2020/05/20
Committee: ITRE
Amendment 63 #

2019/2206(INI)

Motion for a resolution
Recital D
D. whereas there have been significant shortcomings in the implementation of the Dublin III Regulation, including during the COVID-19 crisis, undermining during the migration crisis in 2015 and during the COVID-19 crisis, undermining the trust between the Member States and the right to international protection and leading to violations of fundamental rights;
2020/07/08
Committee: LIBE
Amendment 69 #

2019/2206(INI)

Motion for a resolution
Recital D a (new)
Da. whereas an unintended consequence of EU migration policy is to give human smugglers influence over deciding who is able to use the right to asylum, leaving vulnerable groups unable to exercise their rights
2020/07/08
Committee: LIBE
Amendment 89 #

2019/2206(INI)

Motion for a resolution
Paragraph 1
1. Considers that the Dublin system places a significant burden on a minority of Member States, in particular when influxes of migrants occur; takes the view that the EU therefore needs a flexible solidarity mechanism which makes for fair sharing of burdens and responsibility among Member States, including through relocation on the basis of objective criteria of asylum seekers who are manifestly eligible for asylum through different forms of solidarity;
2020/07/08
Committee: LIBE
Amendment 93 #

2019/2206(INI)

Motion for a resolution
Paragraph 1 – point 1 (new)
(1) Stresses that EU migration policy must distinguish between people seeking protection and economic migrants; notes that only 38 percent of the asylum seekers in the EU where granted asylum in the first instance; underlines that this undermines the intentions of the EU asylum system as a whole as well as the Dublin III regulation;
2020/07/08
Committee: LIBE
Amendment 110 #

2019/2206(INI)

Motion for a resolution
Paragraph 2
2. Stresses that ad hoc agreements are no substitute for a harmonised and sustainable policy at EU level; deplores the fact that efforts to overhaul the Dublin III Regulation have been blocked in the Councilcalls for a swift adoption of the new pact on asylum and migration;
2020/07/08
Committee: LIBE
Amendment 116 #

2019/2206(INI)

Motion for a resolution
Paragraph 3
3. Notes that the crisis management tool provided for in Article 33 did not provide effective support to the Member States, during the crisis in 2015 nor did it offer a response to the consequences of the COVID-19 crisis; considers that a solidarity-based crisis management mechanism, endowed with a financial instrument managed by the Commission, should be established to ensure continuity of the right of asylum in the EU under the best possible conditions;
2020/07/08
Committee: LIBE
Amendment 148 #

2019/2206(INI)

Motion for a resolution
Paragraph 5 a (new)
5a. Calls on the Commission and the Member States to ensure that in a future EU migration system, the majority of asylum-seekers’ applications should be made at the Union’s external borders, or in the transit zone of a Member State prior to a decision on the entry of the applicant; underlines that such a system would make Dublin procedures more efficient;
2020/07/08
Committee: LIBE
Amendment 221 #

2019/2206(INI)

Motion for a resolution
Paragraph 10 a (new)
10a. Stresses that further harmonisation of the Member States´ asylum systems is key to a functioning Dublin III regulation and preventing secondary movements; calls on the Commission to ensure that treatment of asylum seekers is equal across the EU in relative terms;
2020/07/08
Committee: LIBE
Amendment 231 #

2019/2206(INI)

Motion for a resolution
Paragraph 11 a (new)
11a. Calls on the Commission to evaluate EU migration policy, including any push and pull factors in order to prevent an overload of the Dublin system; Stresses that the EU should, as part of a coherent “Africa Strategy”, resume the discussion about regional disembarkation platforms on both sides of the Mediterranean where asylum seekers can be received safely and their claims assessed in an efficient, dignified and humane way;
2020/07/08
Committee: LIBE
Amendment 254 #

2019/2206(INI)

Motion for a resolution
Paragraph 14
14. Takes the view that closer cooperation between national asylum authorities is needed, in order to share information and streamline transfers; proposes that EASO be given the task of drawing up enhanced governance arrangements for the application of the Dublin III Regulation, including a monthly operational dialogue between national authorities, and a platform for the exchange and sharing of information and best practices; notes that the non-coordinated use of the Dublin Units prevents the Dublin III Regulation to function efficiently;
2020/07/08
Committee: LIBE
Amendment 265 #

2019/2206(INI)

Motion for a resolution
Paragraph 15
15. Notes that some two-thirds of asylum applications are submitted by nationals of safe countries who have arrived in the EU on a visa or visa waiver; considers that these manifestly unfounded applications contribute to the overloading of asylum systems; calls on the Commission and the Member States to make asylum and visa policies more consistent and further evaluate the EU´s visa policy in order to reduce the number of unfounded asylum applications;
2020/07/08
Committee: LIBE
Amendment 275 #

2019/2206(INI)

Motion for a resolution
Paragraph 16
16. Proposes that EASO be given an expanded role in analysing the flows of and pathways taken by asylum seekers, in order to better anticipate and understand pressures on asylum systems and to make the Dublin III Regulation become more efficient;
2020/07/08
Committee: LIBE
Amendment 285 #

2019/2206(INI)

Motion for a resolution
Paragraph 17 a (new)
17a. Stresses the importance of drawing up preventive action plans by the Member States, with the support and coordination of the Commission, that will include bilateral agreements with third countries as part of the tools aimed at addressing particular pressure on a Member State's asylum system, allowing for better preparedness in the event of a potential asylum crisis situation;
2020/07/08
Committee: LIBE
Amendment 8 #

2019/2184(INI)

Motion for a resolution
Citation 16 a (new)
- having regard to the study “Effective Development Cooperation - Does the EU deliver?: Detailed Analysis of EU Performance”, requested by the European Commission and published in May 20201a; _________________ 1ahttps://ec.europa.eu/international- partnerships/system/files/eu-development- effectiveness-monitoring-report- 2020_en.pdf
2020/09/25
Committee: DEVE
Amendment 47 #

2019/2184(INI)

Motion for a resolution
Recital D a (new)
D a. whereas the study “Effective Development Cooperation - Does the EU deliver?: Detailed Analysis of EU Performance” points to a decreased alignment of EU Member States and EU institutions to the effectiveness principles and related indicators, in particular predictability, use of indicators drawn from partner country owned results frameworks, using partner country public financial management systems and commitment to involve partner governments in project evaluations, and transparent reporting;
2020/09/25
Committee: DEVE
Amendment 57 #

2019/2184(INI)

Motion for a resolution
Recital E
E. whereas although the EU institutions and Member States, local and regional authorities as well as international organisations and civil society organisations have a large stock of data and expertise in the field of development, it remains insufficiently shared; whereas it should be made more accessible and should be used in policy- making;
2020/09/25
Committee: DEVE
Amendment 74 #

2019/2184(INI)

Motion for a resolution
Recital G a (new)
G a. whereas aid policies that foster equality are proven to be more effective in achieving SDG's goal, notably fighting poverty and promoting education;
2020/09/25
Committee: DEVE
Amendment 99 #

2019/2184(INI)

Motion for a resolution
Paragraph 3
3. Underlines that the principles of the Global Partnership for Effective Development Cooperation (GPEDC) are built on important and enduring lessons from past development strategies and practices, including both successes and failures, and that these principles remain important expressions of multilateral cooperation and coordination which the EU is committed to upholding; ; calls on the Commission to use its membership in the GPEDC and the OECD-DAC and its voice in international fora and in the governance structures of the IFIs to further strengthen the effectiveness principles and encourage adherence to them and implementation of them in all forms of development cooperation and by all actors involved in development cooperation;
2020/09/25
Committee: DEVE
Amendment 101 #

2019/2184(INI)

Motion for a resolution
Paragraph 3 a (new)
3 a. Recognises that effective development cooperation cannot be delivered through EU cooperation alone and can only be truly effective if all development actors collaborate; expresses concern that, when other actors do not respect and implement the effectiveness principles in their cooperation programmes, the resulting fragmentation and bypassing of partner country systems reduces the effectiveness and impact of assistance overall as a collateral, including EU assistance;
2020/09/25
Committee: DEVE
Amendment 103 #

2019/2184(INI)

Motion for a resolution
Paragraph 4
4. Calls on the Commission to publish, at least biannually, a report on the progress of the EU institutions and Member States on improving(including their development agencies and local and regional authorities active in development cooperation) are advancing on aid effectiveness in the planning and implementation of European development cooperation and assistance measured against a seaid in relation to the achievement of commonly agreed targets and policy objectives, notably the SDGs, and including progress towards the alignment of policy objectives and the harmonisation of procedures, in particular with regard to joint programming, joint implementation and joint results frameworks; calls on the Commission to present this progress report to the European Parliament;
2020/09/25
Committee: DEVE
Amendment 119 #

2019/2184(INI)

Motion for a resolution
Paragraph 6
6. Stresses that in view of the future implementation of the Neighbourhood, Development and International Cooperation Instrument (NDICI), joint programming by the EU, its Members States and EU development financing partners should build upon the aid effectiveness principles; believes that the EU should collectively set strategic priorities and identify investment needs/gaps in the pre-programming phase and subsequently look at ways to optimise the range of modalities in the EU institutions’ toolbox, including grants, budget support grants and EIB loans, as well as financing from the Member States; calls on the EU institutions and Member States, accordingly, to share evidence and experience about the kinds of development interventions that tend to be successful and those that have failed, proved difficult to implement or not produced the intended impactCommission to ensure that the programming and implementation of these modalities is co-ordinated, strategically aligned with partner countries priorities and processes and focussed on delivering outcomes and impacts that are transformational for achieving the SDGs in the specific context of each partner country;
2020/09/25
Committee: DEVE
Amendment 125 #

2019/2184(INI)

Motion for a resolution
Paragraph 6 a (new)
6 a. Calls on EU institutions and Member States and other public and non- governmental actors active in development cooperation to share evidence and experience about what kind of development interventions tend to be successful and which ones have failed, proved difficult to implement or did not produce the intended impact;
2020/09/25
Committee: DEVE
Amendment 145 #

2019/2184(INI)

Motion for a resolution
Paragraph 9 a (new)
9 a. Calls upon the EU and its Member States to enhance alignment of their assistance to the effectiveness principles and related indicators, in particular predictability, use of indicators drawn from partner country owned results frameworks, using partner country public financial management systems and commitment to involve partner governments in project evaluations, and transparent reporting;
2020/09/25
Committee: DEVE
Amendment 146 #

2019/2184(INI)

Motion for a resolution
Paragraph 9 b (new)
9 b. Calls upon Member states to streamline, to a greater extent, their assistance with common European aid objectives in order to improve the effectiveness of EU development policy as a whole;
2020/09/25
Committee: DEVE
Amendment 154 #

2019/2184(INI)

Motion for a resolution
Paragraph 10
10. Supports the need for a catalytic approach, building on decentralised and bottom-up needs assessments and programming, which is informed by a thorough analysis of the situation in each partner country; encourages South-South and triangular cooperation; including at sub-national levels;
2020/09/25
Committee: DEVE
Amendment 167 #

2019/2184(INI)

Motion for a resolution
Paragraph 11 a (new)
11 a. Calls upon the Commission and the Member States for development aid policies to align with objective of gender equality so that women’s empowerment is actually achieved thus improving aid efficiency;
2020/09/25
Committee: DEVE
Amendment 168 #

2019/2176(INI)

Motion for a resolution
Paragraph 5
5. Stresses that, since Parliament’s last report, the situation, far from improving, has deteriorated even further; firmly insists, therefore, on the formal suspenstermination of accession negotiations with Turkey, in order for both sides to review in a realistic manner the appropriateness of the current framework and its ability to function, or, if necessary, to explore possible new models for future relations;
2020/12/15
Committee: AFET
Amendment 689 #

2019/2176(INI)

Motion for a resolution
Paragraph 33 a (new)
33a. Takes the view that the European Union needs to develop a long-term partnership with Turkey, based on mutual interest and respect but without a direct prospect of membership; insists that such a relationship must be balanced, reciprocal in its commitments and underpinned by one Association Agreement to cover economic and political relations and cooperation in several areas, including but not limited to migration, security and environmental protection, whilst reiterating the principles of democracy and rule of law; calls therefore on the Council to remove Turkey from the list of candidate countries;
2020/12/15
Committee: AFET
Amendment 10 #

2019/2157(INI)

Draft opinion
Paragraph 1 a (new)
1a. Welcomes the initiative from the Commission to put forward a new European Forest Strategy for the post 2020-period; emphasises, however, that a new strategy must fully respect the principle of subsidiarity and, accordingly, adopt a bottom-up approach and build on national and industrial expertise, as well as local procedural knowledge;
2020/03/30
Committee: ITRE
Amendment 25 #

2019/2157(INI)

Draft opinion
Paragraph 2 a (new)
2a. Highlights the essential role of sustainable active forest management in achieving climate neutrality by 2050 and in the EU´s circular bio-economy; in particular, notes the great capacity of managed forests to capture carbon dioxide, as well as the potential of forest- based products to substitute fossil fuels; in this context, believes that the strategy should support innovation in the entire value chain, including by means of facilitating sharing of best practice and by providing a competitive regulatory environment;
2020/03/30
Committee: ITRE
Amendment 44 #

2019/2157(INI)

Draft opinion
Paragraph 3 a (new)
3a. Notes that between 1990-2015, forest coverage in the EU increased by an area the size of Greece, as a result of both natural growth and afforestation; further notes that the forest industry employs more than 3 million people and that approximately half of the renewable energy consumed in the Union comes from wood; in this context, recognises the positive economic, societal and environmental contributions of the forest industry and believes that the forest strategy should stimulate further investments in innovation and technological advancement;
2020/03/30
Committee: ITRE
Amendment 36 #

2019/2156(INI)

Draft opinion
Paragraph 5 a (new)
5a. Highlights the need to leverage private investments to address drivers of deforestation and to realise the Sustainable Development Goals and the Paris Agreement; to this end, highlights the importance of a competitive regulatory environment and the need to fully involve stakeholders at all stages of the policy process; further, calls on the Commission to support and stimulate industry-driven innovation and initiatives to enhance sustainability in value chains;
2020/03/30
Committee: ITRE
Amendment 12 #

2019/2096(DEC)

Draft opinion
Paragraph 6
6. Regrets EASO’s strong reliance on interim workers to compensate for the lack of seconded national experts which Member States are obliged to send under the EASO Regulation; encourages the Office to follow up on the Court’s recommendation to analyse, together with the budgetary authorities, the cost- efficiency of external staff in relation to statutory staff and whether the applicable legal framework is fully complied with, especially as regards working conditions; considers in any case that the staffing of EASO should be increased to allow the Office to properly perform its entrusted duties; notes that this reliance on interim workers, as opposed to the much-needed deployment of experts by Member States, might lead to EASO being unable to provide Member States with critical support to their asylum systems; welcomes, in this regard, the ambitious recruitment plan put in place in the meantime and its positive impact on the filling of vacant positions;
2019/12/11
Committee: LIBE
Amendment 19 #

2019/2096(DEC)

9 a. Notes the presentation by the Executive Director to the Management Board on 26 November 2019 of a new organigramme; considers that a reorganisation should contribute to strengthened internal control, quality assurance and risk management and contribute to compliance with actions required by the Court of Auditors and the Internal Audit Service of the Commission;
2019/12/11
Committee: LIBE
Amendment 9 #

2019/2028(BUD)

Draft opinion
Paragraph 1
1. Notes the overall reduction of AMIF commitment appropriations by 15,4 % (-172 million euros) compared to 2019; regrets the decrease of commitment appropriations aimed at strengthening and developing the CEAS and enhancing responsibility-sharing between Member States (-29,5 %) compared to 2019; recalls the importance of providing adequate financial capacity to improve the integration of migrants as well as re- integration of migrants who forcibly or voluntarily returned to a third country, and to respond to emergency assistance needs of Member States under migratory pressure; expresses its disappointment at the factnotes that the AMIF budget does not include some financial reserves to finance the reformed Dublin legislation and the new Union Resettlement schemes in case of adoption during 2020; proposes to foresee an amount in the reserve for temporary arrangements for disembarkation in the Union and relocation of people rescued in the Mediterranean; requests, in order to free financial resources, that the EU Trust Fund for Africa and the Regional development protection programmes for North Africa that primarily support external policies of the Union are funded by Heading IV of the Union budget (Global Europe) instead of by AMIF under Heading III (Security and Citizenship);
2066/01/18
Committee: LIBE
Amendment 27 #

2019/2028(BUD)

Draft opinion
Paragraph 4
4. Points out that the budget of the EBCG has increased by 34,8 % (+108 million euros) in 2020 which is by far the largest increase among all JHA agencies; recalls that the Court of Auditors identified as part of the discharge of the 2017 Budget that Member States overestimated the financial need of the EBCG in 2017; underlines that when the objective of providing the EBCG with more human resources (10.000 border guards by 2027), the number of migrants arriving irregularly over sea or land in the Union has substantially decreased compared to previous years; suggests that such boost in resources should also be used for rescuing lives at sea; regrets the remarkable difference between the commitment appropriations assigned to EBCG (420 million euros) in 2020 and the amount accorded to EASO (133 million euros); suggestunderlines that the EBCG should focus on strengthening the Union's external borders with the purpose of securing the free movement for people within the Union and favouring orderly migration; considers that the budget and staffing of EASO should be increased for a betteradequate to allow the Agency to properly performance of the duties entrusted to the Agencyit has been entrusted;
2066/01/18
Committee: LIBE
Amendment 36 #

2019/2028(BUD)

Draft opinion
Paragraph 5
5. Welcomes the increase of Commitment appropriations of the EPPO (70,5 %); recalls the important role of EPPO in investigating and prosecuting fraud involving Union funds and the need to provide sufficient financial resources so that it becomes fully operational before December 2020; asks the Commission to further study the financial needs for an expansion of the role of EPPO to include cross-border terrorism in line with its Communication on 12 September 2018;
2066/01/18
Committee: LIBE
Amendment 41 #

2019/2028(BUD)

Draft opinion
Paragraph 6
6. Regrets that the Commission did not follow the budgetary request of Europol and proposed to underfund the Agency by 30 million euros in 2020; considers the proposed increase in Europol's budget of 2.57 % as insufficient as it does not correspond to the needs that exist regarding the Union's shared law enforcement efforts and as the Agency has a key role in the fight against organised crime, in particular cross- border property crime, and terrorism in Europe; stresses in particular that Europol's counter-terrorism center needs sufficient funding; takes the view that in the long term, Europol's budget has to increase substantially; notes that the decrease of the eu-LISA commitment appropriations by 18,7 % (-55 million euros) corresponds to the end of the development of the Entry Exit System; reiterates the need to ensure adequate financial support for JHA Agencies to deliver the tasks assigned to them in full transparency and to fight against cross- border serious crime in full compliance with fundamental rights;
2066/01/18
Committee: LIBE
Amendment 54 #

2019/2028(BUD)

Draft opinion
Paragraph 7
7. Welcomes the amount allocated to the EDPS (19 million euros); emphasises the need to ensure appropriate budgetary and staff resources for EDPS to carry out the additional tasks resulting from the implementation of the new Union data protection framework (GDPR) with full independence; stresses therefore that the allocated budget is the bare minimum;
2066/01/18
Committee: LIBE
Amendment 29 #

2017/0360R(NLE)

Motion for a resolution
Paragraph 1 – indent 3 a (new)
- the functioning of a free and independent media;
2020/05/29
Committee: LIBE
Amendment 39 #

2017/0360R(NLE)

Motion for a resolution
Paragraph 3
3. Expresses its deep concern that, despite three hearings of Poland having been held in the Council, multiple exchanges of views in the Civil Liberties, Justice and Home Affairs Committee of the European Parliament, alarming reports by the United Nations, the Organisation for Security and Cooperation in Europe (OSCE) and the Council of Europe, and four infringements procedures launched by the Commission, the rule of law situation in Poland has not only not been addressed but has seriously deteriorated since the triggering of Article 7(1) TEU;
2020/05/29
Committee: LIBE
Amendment 54 #

2017/0360R(NLE)

Motion for a resolution
Paragraph 6 a (new)
6a. Recalls that Parliament must give its consent to the Multiannual Financial Framework; reiterates its demand for a mechanism to protect the Union’s budget in case of generalised deficiencies as regards the rule of law in the Member States; stands ready to reject any proposal that would not sufficiently meet these standards;
2020/05/29
Committee: LIBE
Amendment 95 #

2017/0360R(NLE)

Motion for a resolution
Paragraph 16 b (new)
16b. Is deeply concerned that the process of electing the candidates did not conform to the rules of procedure of the Supreme Court and violated basic standards of deliberation among the members of the General Assembly; further states its concern about reports of attempts by the Acting Presidents to inhibit dialogue among the judges who participated in the election and about alleged attempts to manipulate the vote in the General Assembly;
2020/05/29
Committee: LIBE
Amendment 119 #

2017/0360R(NLE)

Motion for a resolution
Subheading 11
The rules governing the organisation of the ordinary courts and, the appointment of courts presidents and the retirement regime for judges of the ordinary courts
2020/05/29
Committee: LIBE
Amendment 156 #

2017/0360R(NLE)

Motion for a resolution
Paragraph 37 a (new)
37a. Is concerned about reported cases of detention of journalists for doing their job when reporting on anti-lockdown protests;
2020/05/29
Committee: LIBE
Amendment 72 #

2016/0224(COD)

Proposal for a regulation
Recital 31a
(31a) In order to increase the efficiency of procedures and to reduce the risk of absconding and the likelihood of unauthorised movements, there should be no procedural gaps between the issuance of a negative decision on an application for international protection and of a return decision. A return decision should immediately be issued to applicants whose applications are rejected. Without prejudice to the right to an effective remedy, the return decision should either be part of the negative decision on an application for international protection or, if it is a separate act, be issued at the same time and together with the negative decision in order to fulfil the time limits provided for in this regulation.’ The competent authorities shall take the necessary measures to ensure that the applicant is personally available to receive the decisions.
2021/12/16
Committee: LIBE
Amendment 85 #

2016/0224(COD)

Proposal for a regulation
Recital 39a
(39a) In the interest of swift and fair procedures for all applicants, whilst also ensuring that the stay of applicants who do not qualify for international protection in the Union is not unduly prolonged, including those who are nationals of third countries exempt from the requirement to be in a possession of a visa pursuant to Regulation (EU) No 2018/1806, Member States should accelerate the examination of applications of applicants who are nationals or, in the case of stateless persons, formerly habitual residents of a third country for which the share of decisions granting international protection is lower than 20% of the total number of decisions for that third country. Where a significant change has occurred in the third country concerned since the publication of the relevant Eurostat data and taking into account the guidance note pursuant to Article 10 of Regulation XX/XX on the European Asylum Agency, or where the applicant belongs to a specific category of persons for whom the low recognition rate cannot be considered as representative of their protection needs due to a specific persecution ground, examination of the application should not be accelerated, unless the applicant is a danger to national security or public order. Cases where a third country may be considered as a safe country of origin or a safe third country for the applicant within the meaning of this Regulation should remain applicable as a separate ground for respectively the accelerated examination procedure or the inadmissible procedure.
2021/12/16
Committee: LIBE
Amendment 100 #

2016/0224(COD)

Proposal for a regulation
Recital 40a
(40a) The purpose of the border procedure for asylum and return should be to quickly assess at the external borders whether applications are unfounded or inadmissible and to swiftly return those with no right to stay, while ensuring that those with well-founded claims are channelled into the regular procedure and provided quick access to international protection. Member States should therefore be able to requiroblige applicants for international protection to stay, inter alia, at the external border or in a transit zone in order to assess the admissibility of applications. In well-defined circumstances, Member States should be able to provide for the examination of the merits of an application and, in the event of rejection of the application, for the return of the third- country nationals and stateless persons concerned at the external borders.
2021/12/16
Committee: LIBE
Amendment 104 #

2016/0224(COD)

Proposal for a regulation
Recital 40b
(40b) Member State should assess applications in a border procedure where the applicant is a danger to national security or public order, where the applicant has misled the authorities by presenting false information or documents or by withholding relevant information or documents with respect to his or her identity or nationality that could have had a negativen impact on the decision and where it is likely that the application is unfounded because the applicant is of a nationality for whom decisions granting international protection is lower than 20% of the total number of decisions for that third country. In other cases, such as when the applicant is from a safe country of origin or a safe third country, the use of the border procedure should be optional for the Member States. Member States should ensure that applications in a border procedure are examined in facilities designated at their discretion that allow for a necessary restriction of movement to prevent absconding.
2021/12/16
Committee: LIBE
Amendment 117 #

2016/0224(COD)

Proposal for a regulation
Recital 40c
(40c) When applying the border procedure for the examination of an application for international protection, Member States should ensure that the necessary arrangements are made to accommodate the applicants at or close to the external border or transit zones, in accordance with Directive XXX/XXX/EU [Reception Conditions Directive]. Member States may process the applications at a different location at the external border than that where the asylum application is made by transferring applicants to a specific location at or in the proximity of the external border of that Member States where appropriate facilities exist. Member States should retain discretion in deciding at which specific locations at the external borders such facilities should be set up, provided that appropriate capacities are guaranteed to prevent unauthorised movements. However, Member States should seek to limit the need for transferring applicants for this purpose, and therefore aim at setting up such facilities with sufficient capacity at border crossing points, or sections of the external border, where the majority of the number of applications for international protection are made, also taking into account the length of the external border and the number of border crossing points or transit zones. They should notify the Commission of the specific locations at the external border, transit zones or proximity of the external border where the border procedures will be carried out. In cases where the border procedure is applied and the capacity of the locations at or in proximity of the external border as notified by a Member State is temporarily exceeded, Member States may process those applications at another location within its territory, for the shortest time possible.
2021/12/16
Committee: LIBE
Amendment 122 #

2016/0224(COD)

Proposal for a regulation
Recital 40d
(40d) In case where the use of the border procedure is an obligation, Member States should by way of exception not be required to apply it for the examination of applications for international protection from nationals of a third country that does not cooperate sufficiently on readmission, since a swift return of the persons concerned, following rejection of their applications, would be unlikely in that case. The determination of whether a third country is cooperating sufficiently on readmission should be based on the procedures set out in Article 25a of Regulation (EC) No 810/2009.deleted
2021/12/16
Committee: LIBE
Amendment 135 #

2016/0224(COD)

Proposal for a regulation
Recital 40e
(40e) The duration of the border procedure for examination of applications for international protection should be as short as possible while at the same time guaranteeing a complete and fair examination of the claims. It should in any event not exceed 12 weeks. This deadline should be understood as a stand-alone deadline for the asylum border procedure, encompassing both the decision on the examination of the application as well as the decision of the first level of appeal, if applicable. Within this period, Member States are entitled to set the deadline in national law both for the administrative and for the appeal stage, but should set them in a way so as to ensure that the examination procedure is concluded and that subsequently, if relevant, the decision on the first level of appeal is issued within this maximum 12 week. After that period, if the Member State nevertheless failed to take the relevant decisions, the applicant should in principle be authorised to enter the territory of the Member State. Entry into the territory should however not be authorised where the applicant has no right to remain, where he or she has not requested to be allowed to remain for the purpose of an appeal procedure, or where a court or tribunal has decided that he or she should not be allowed to remain pending the outcome of an appeal procedure. In such cases, to ensure continuity between the asylum procedure and the return procedure, the return procedure should also be carried out in the context of a border procedure for a period not exceeding 12 weeks. This period should be counted starting from twhe moment in which the applicant, third-country national or stateless person no longer has a right to remain or is no longer allowed to remainn the return decision have gained legal force.
2021/12/16
Committee: LIBE
Amendment 141 #

2016/0224(COD)

Proposal for a regulation
Recital 40f
(40f) While the border procedure for the examination of an application for international protection can be applied without recourse to detention, Member States should nevertheless be able to apply the grounds for detention during the border procedure in accordance with the provisions of the [Reception Conditions] Directive (EU) XXX/XXX in order to decide on the right of the applicant to enter the territory. If detention is used during such procedure, the provisions on detention of the [Reception Conditions] Directive (EU) XXX/XXX should apply, including the guarantees for detained applicants and the fact that an individual assessment of each case is necessary, judicial control and conditions of detention. A Member State may, in accordance with national law, impose additional obligations on the applicant in order to prevent unauthorised movements.
2021/12/16
Committee: LIBE
Amendment 157 #

2016/0224(COD)

Proposal for a regulation
Recital 40i
(40i) Where an applicant, third-country national or stateless person who was detained during the border procedure for the examination of their application for international protection no longer has a right to remain and has not been allowed to remain, Member States should be able to continue the detention for the purpose of preventing entry into the territory and carrying out the return procedure, respecting the guarantees and conditions for detention laid down in Directive XXX/XXX/EU [Return Directive]. An applicant, third-country national or stateless person who was not detained during the border procedure for the examination of an application for international protection, and who no longer has a right to remain and has not been allowed to remain, could also be detained if there is a risk of absconding, if he or she avoids or hampers return, or if he or she poses a risk to public policy, public security or national security. Detention should be for as short a period as possible and should not exceed the maximum duration of the border procedure for carrying out returntime set out in Article 15 of Directive 2008/115 [Return Directive]. When the illegally staying third-country national does not return or is not removed within that period and the border procedure for carrying out return ceases to apply, the provisions of the [recast Return Directive] should apply. The maximum period of detention set by Article 15 of that Directive should include the period of detention applied during the border procedure for carrying our return.
2021/12/16
Committee: LIBE
Amendment 168 #

2016/0224(COD)

Proposal for a regulation
Recital 44a
(44a) An applicant who lodges a subsequent application at the last minute merely in order to delay or frustrate his or her removal should not be authorised to remain pending the finalisation of the decision declaring the application inadmissible in cases where it is immediately clear to the determining authority that no new elements have been presented and there is no risk of refoulement and provided that the application is made within one year of the decision by the determining authority on the first application. The determining authority shall issue a decision under national law confirming that these criteria are fulfilled in order for the applicant not to be authorised to remain.
2021/12/16
Committee: LIBE
Amendment 179 #

2016/0224(COD)

Proposal for a regulation
Recital 66
(66) Applicants should, in principle, have the right to remain on the territory of a Member State until the time-limit for lodging an appeal before a court or tribunal of first instance expires, and, where such a right is exercised within the set time-limit, pending the outcome of the appeal. It is only in the limited cases set out in this Regulation, where applications are likely to be inadmissible, unfounded or manifestly unfounded, that the applicant should not have an automatic right to remain for the purpose of the appeal.
2021/12/16
Committee: LIBE
Amendment 184 #

2016/0224(COD)

Proposal for a regulation
Recital 66a
(66a) In cases where the applicant has no automatic right to remain for the purpose of the appeal, a court or tribunal should still be able to allow the applicant to remain on the territory of the Member State pending the outcome of the appeal, upon the applicant’s request or acting of its own motion. In such cases, applicants should have a right to remain until the time-limit for requesting a court or tribunal to be allowed to remain has expired and, where the applicant has presented such a request within the set time-limit, pending the decision of the competent court or tribunal. In order to discourage abusive or last minute subsequent applications, Member States should be able to provide in national law that applicants should have no right to remain during that period in the case of rejected subsequent applications, with a view to preventing further unfounded subsequent applications. In the context of the procedure for determining whether or not the applicant should be allowed to remain pending the appeal, the applicant’s rights of defence should be adequately guaranteed by providing him or her with the necessary interpretation and legal assistance. Furthermore, the competent court or tribunal should be able to examine the decision refusing to grant international protection in terms of facts and points of law.
2021/12/16
Committee: LIBE
Amendment 190 #

2016/0224(COD)

Proposal for a regulation
Recital 66c
(66c) To ensure the consistency of the legal review carried out by a court or tribunal on a decision rejecting an application for international protection and the accompanying return decision, and with a view to accelerating the examination of the case and reducing the burden on the competent judicial authorities, such decisions should be subject to common proceedings before the same court or tribunal in order to fulfil the time-limits provided for in this regulation.
2021/12/16
Committee: LIBE
Amendment 194 #

2016/0224(COD)

Proposal for a regulation
Recital 66d a (new)
(66d a)The Commission should regularly monitor and evaluate whether this Regulation is being properly applied and implemented. To this end, the Commission should make use of its power to initiate a monitoring exercise by the European Asylum Agency in accordance with Article 14 (2) of [EUAA Regulation].
2021/12/16
Committee: LIBE
Amendment 239 #

2016/0224(COD)

Proposal for a regulation
Article 41 – paragraph 1 – point b
(b) following apprehension in connection with ana Member States territory after unauthorised crossing of the external border;
2021/12/16
Committee: LIBE
Amendment 267 #

2016/0224(COD)

Proposal for a regulation
Article 41 – paragraph 4
4. A Member State may decide not to apply paragraph 3 to nationals or stateless persons who are habitual residents of third countries for which that Member State has submitted a notification to the Commission in accordance with Article 25a(3) of Regulation (EC) No 810/2009. Where, following the examination carried out in accordance with Article 25a(4) of Regulation (EC) No 810/2009, the Commission considers that the third country is cooperating sufficiently, the Member State shall again apply the provisions of paragraph 3. Where the Commission considers that the third country concerned is not cooperating sufficiently, the Member State may continue not to apply paragraph 3: (a) previously adopted by the Council in accordance with Article 25a(5) of Regulation (EC) No 810/2009 is repealed or amended; (b) consider that action is needed in accordance with Article 25a of Regulation (EC) No 810/2009, until the Commission reports in its assessment carried out in accordance with paragraph 2 of that Article that there are substantive changes in the cooperation of the third country concerned.deleted until an implementing act where the Commission does not
2021/12/16
Committee: LIBE
Amendment 286 #

2016/0224(COD)

Proposal for a regulation
Article 41 – paragraph 5
5. The border procedure may only be applied to unaccompanied minors anin the cases referred to minors below the age of 12 and their family members in the cases referred to in Article 40(5) (b) Article 40(5) (b). Where the outcome of the age assessment referred to in Article 24 or the medical examination referred to Article 23 is not sufficiently conclusive, this exception shall not apply.
2021/12/16
Committee: LIBE
Amendment 293 #

2016/0224(COD)

Proposal for a regulation
Article 41 – paragraph 5 a (new)
5a. The border procedure may only be applied to minors below the age of 12 and their family members in the cases referred to in Article 40(5).
2021/12/16
Committee: LIBE
Amendment 301 #

2016/0224(COD)

Proposal for a regulation
Article 41 – paragraph 6
6. Applicants subject to the border procedure shall not be authorised to enter the territory of the Member State, without prejudice to paragraphs 9 and 11. When the border procedure ends, the decision to authorise entry shall be explicitly granted and recorded by the Member State carrying out the border procedure.
2021/12/16
Committee: LIBE
Amendment 308 #

2016/0224(COD)

Proposal for a regulation
Article 41 – paragraph 7
7. When applying the border procedure, Member States may carry out the procedure for determining the Member State responsible for examining the application as laid down in Regulation (EU) No XXX/XXX [Regulation on Asylum and Migration Management], except in the cases referred to in paragraph 3, without prejudice to the deadlines established in paragraph 11
2021/12/16
Committee: LIBE
Amendment 367 #

2016/0224(COD)

Proposal for a regulation
Article 41 – paragraph 12 – subparagraph 1 – point c a (new)
(ca) the applicant is a danger to national security or public order.
2021/12/16
Committee: LIBE
Amendment 406 #

2016/0224(COD)

Proposal for a regulation
Article 41 a – paragraph 2
2. Persons referred to in paragraph 1 shall be kept for a period not exceeding 12 weeks in locations at or in proximity to the external border or transit zones; where a Member State cannot accommodate them in those locations, it can resort to the use of other locations within its territory. The 12- week perio, provided sthall start from when the applicant, third-country national or stateless person no longer has a right to remain and is not allowed to remaint the efficiency of the procedure and restrictions to the freedom of movement can be preserved. The 12- week period shall start from when the return decision have gained legal force.
2021/12/16
Committee: LIBE
Amendment 414 #

2016/0224(COD)

Proposal for a regulation
Article 41 a – paragraph 4
4. Without prejudice to the possibility to return voluntarily at any moment, persons referred to in paragraph 1 may be granted a period for voluntary departure not exceeding 15 days. In the framework of this Article, the European Border and Coast Guard Agency and the European Union Agency for Asylum shall, within its mandate, support national authorities with return operations.
2021/12/16
Committee: LIBE
Amendment 422 #

2016/0224(COD)

Proposal for a regulation
Article 41 a – paragraph 5
5. Persons referred to in paragraph 1 who have been detained during the procedure referred to in Article 41 and who no longer have a right to remain and are not allowed to remain may continue to be detained for the purpose of preventing entry into the territory of the Member State, preparing the return or carrying out the removal process. A Member State may, in accordance with national law, impose additional obligations on the applicant in order to prevent unauthorised movements.
2021/12/16
Committee: LIBE
Amendment 432 #

2016/0224(COD)

Proposal for a regulation
Article 41 a – paragraph 7
7. Detention shall be maintained for as short a period as possible, as long as removal arrangements are in progress and executed with due diligence. The period of detention shall not exceed the period referred to in paragraph 2 and shall be included in the maximum periods of detention set in Article 15 (5) and (6) of Directive XXX/XXX/EU [Return Directive].
2021/12/16
Committee: LIBE
Amendment 437 #

2016/0224(COD)

8. Member States that, following the rejection of an application in the context of the procedure referred to in Article 41, issue a refusal of entry in accordance with Article 14 of Regulation (EU) 2016/399, and that have decidedmay decide not to apply Directive XXX/XXX/EU [Return Directive] in such cases pursuant to Article 2(2), point (a), of that Directive,. Member States shall ensure that the treatment and level of protection of the third-country nationals and stateless persons subject to a refusal of entry are in accordance with Article 4(4) of Directive XXX/XXX/EU [Return Directive] and are equivalent to the ones set out in paragraphs 2, 4 and 7 of this Article.’
2021/12/16
Committee: LIBE
Amendment 443 #

2016/0224(COD)

Proposal for a regulation
Article 43 – subparagraph 2 – point c
(c) a first subsequent application has been lodged within one year of the decision of the determining authority on the first application merely in order to delay or frustrate the enforcement of a return decision which would result in the applicant’s imminent removal from the Member State, pending the finalisation of the decision declaring that application inadmissible in cases where it is immediately clear to the determining authority that no new elements have been presented in accordance with Article 42(4)’
2021/12/16
Committee: LIBE
Amendment 457 #

2016/0224(COD)

Proposal for a regulation
Article 53 – paragraph 1 – subparagraph 2
RIn order to fulfil the time-limits provided for in this regulation, return decisions shall be appealed before the same court or tribunal and within the same judicial proceedings and the same time-limits as decisions referred to in points (a), (b), (c) and (d).
2021/12/16
Committee: LIBE
Amendment 469 #

2016/0224(COD)

Proposal for a regulation
Article 53 – paragraph 3 a (new)
3a. The examination before a court or tribunal shall be through written submissions, unless the court or tribunal consider a hearing necessary for the examination referred to in subparagraph 3 of this Article.
2021/12/16
Committee: LIBE
Amendment 472 #

2016/0224(COD)

Proposal for a regulation
Article 53 – paragraph 4
4. AWhere such a hearing takes place, applicants shall be provided with interpretation for the purpose of a hearing before the competent court or tribunal where such a hearing takes place and whereif appropriate communication cannot otherwise be ensured.
2021/12/16
Committee: LIBE
Amendment 480 #

2016/0224(COD)

Proposal for a regulation
Article 53 – paragraph 7 – point a
(a) at least maximum of one week in the case of a decision rejecting an application as inadmissible, as implicitly withdrawn or as unfounded if at the time of the decision any of the circumstances listed in Article 40(1) or (5) apply;
2021/12/16
Committee: LIBE
Amendment 487 #

2016/0224(COD)

Proposal for a regulation
Article 53 – paragraph 7 – point b
(b) between a minimum of two weeks and a maximum of two monthfour weeks in all other cases.
2021/12/16
Committee: LIBE
Amendment 496 #

2016/0224(COD)

Proposal for a regulation
Article 53 – paragraph 9
9. Member States shall provide for only one level of appeal in relation to a decision taken in the context of the border procedure as the principle of effective judicial protection requires.
2021/12/16
Committee: LIBE
Amendment 511 #

2016/0224(COD)

Proposal for a regulation
Article 54 – paragraph 3 – point b
(b) a decision which rejects an application as inadmissible pursuant to Article 36(1)(a) [first country of asylum] or (c) [subsequent applications without new elements]; including cases in which the application has not been examined on the merits because another Member State has granted international protection to the applicant;
2021/12/16
Committee: LIBE
Amendment 515 #

2016/0224(COD)

Proposal for a regulation
Article 54 – paragraph 3 – point d
(d) a decision which rejects a subsequent application as inadmissible, unfounded or manifestly unfounded;
2021/12/16
Committee: LIBE
Amendment 526 #

2016/0224(COD)

Proposal for a regulation
Article 54 – paragraph 5 – point a
(a) the applicant shall have a time-limit of at least 5 daysbetween a minimum of two days and a maximum of one week from the date when the decision is notified to him or her to request to be allowed to remain on the territory pending the outcome of the remedy;
2021/12/16
Committee: LIBE